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HomeMy WebLinkAboutPD-108-97REPORT #1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: PD- 108 -97 REPORT Meeting: Council Meeting File # L 4 - V. 96 Date: Monday, August 18, 1997 Report #: Subject: Res. # C 5 -6 6 _ '7 PD- 108 -97 File #: By -law # REZONING APPLICATION - 1151233 ONTARIO LTD. PART LOT 26, BF CONCESSION, FORMER TWP. OF DARLINGTON OSBOURNEROAD FILE: DEV 96 -022 Recommendations: It is respectfully recommended to Council the following: 1. THAT Report PD- 108 -97 be received; 2. THAT application for removal of the "Holding (H)" symbol submitted by 1151233 Ontario Ltd. be APPROVED as per the attached By -law; 3. THAT the amending By -law attached hereto be APPROVED; 4. THAT a copy of this report and the amending by -law be forwarded to the Region of Durham Planning Department; and 5. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 1154233 Ontario Ltd. 1.2 Agent: Mr. Nigel O'Neil 1.3 Rezoning Application: From "Holding - General Industrial Exception ((H)M2- 15)" to "General Industrial Exception (M2 -15) ". 1.4 Land Area: 3.8 ha (9.39 ha) ./2 REPORT PD- 108 -97 r • • PAG E 2 2.1 The subject property is located on the north east side of Osborne Road where it runs parallel to the Canadian National Railway line. The property is further described as being located in Part Lot 26, Broken Front Concession, Former Township of Darlington. 3.1 On May 12, 1997, Council approved the subject rezoning application to permit an automotive dismantling and parts warehouse distribution and sales establishment (motor vehicle wrecking yard), in addition to other uses permitted in the M2 zone. The rezoning was approved subject to the removal of the Holding (H) symbol at such time the applicant has executed a site plan agreement with the Municipality. 3.2 Since the May 12 Council meeting the applicant has been working on the engineering details of the site plan in order to satisfy the requirements of the Conservation Authority and the Public Works Department. The site plan drawings are now substancially complete and address the issues of all circulated agencies. The applicant and the Municipality are currently finalizing the execution of the required site plan agreement. 3.3 The agreement details all the site servicing including, grading, drainage, stormwater management techniques and septic system. Development of the site will include a stormwater management pond which will collect all stormwater run- off from the operation, prior to outfalling to the existing drainage ditch under the CNR tracks. The plan also details the location of the septic system and a replacement area. The agreement will require the applicant to comply with all Ministry of the Environment regulations. The agreement also details the site REPORT PD- 108 -97 PAGE 3 enclosure, parking areas and entrances, landscape details as well as building elevations. 3.4 Pursuant to Section 36 of the Planning Act, a By -law Amendment to remove the "Holding (H)" symbol is not subject to the normal appeal period afforded to a standard rezoning application, and accordingly shall be deemed final and binding should Council grant approval of same. 4. RECOMMENDATION 4.1 In consideration of the comments noted above, Staff would have no objection to the removal of the "Holding (H)" symbol as shown on the attached by -law and schedule. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development CP *FW *km Attachment No. 1 - Key Map Attachment No. 2 - By -law August 7, 1997 43 q&y::: ±_ 4- - W. H. Stockwell Chief Administrative Officer REPORT PD- 108 -97 PAGE 4 Interested parties to be notified of Council and Committee's decision: 1151233 Ontaro Limited c/o Williamn Labonovich 85 Ambleside Drive Port Perry, Ontario LOB 1 NO Keith and Shirley Crago 255 Osbourne Road Courtice, Ontario L1 E 2133 August and Maria Huth 447 Wilson Road North Oshawa, Ontario L1 G 6E8 Tunney Planning 340 Byron Street Suite 200 WHITBY, Ontario Li N 4P8 Florence Arnold 75 Osbourne Road Courtice, Ontario L1 E 2133 Nigel O'Neill 52 Stonegate Street Gormley, Ontario LOH 1 GO THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 97- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law of the former Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the former Corporation of the Town of Newcastle in accordance with application DEV 96 -022. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule 111" to By -law 84 -63, as amended, is hereby further amended by changing the zone designation from "Holding - General Industrial Exception ((H) M2- 15)" to "General Industrial Exception (M2 -15)" as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By -law. 3. This By -law shall come into effect on the date of the passing thereof, subject to the provisions of Section 36 of the Planning Act. By -Law read a first time this 18th day of August 1997. By -Law read a second time this 18th day of August 1997. By -Law read a third and finally passed this 18th day of August 1997. Mayor Clerk This is Schedule "A" to By —law 97— , passed this day of , 1997 A.D. LOT 28 LOT • LOT 25 BAS U 11 �E :71E 11 1- "VICE ROAD • R4 /CW II COURTICE LAKE ONTARIO Z O U) V) Li U Z O U Z O W LL_ Z w Y O W m A SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 28 LOT 27 LOT 26 LOT 25 "BASELINNE�>,� ROAD nil) O � HIGHWAY N 401 N w Q SOUTH SE a VICE ROAD Z � w o 0 w a w � � z 'Yqp� N =1 L� O � O � W �'Al�wgY 0 m LAKE ONTARIO S 60ONJpm6C� DEV. 96 -022 ATTACHMENT NO 1