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PD-97-96
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN:DEV96022 REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File A14 J� W) Date: Tuesday, July 2, 1996 Res. #� Report #: PD -97 -96 File #:DEV 96 -022 By -law # Subject: REZONING APPLICATION - 1151233 ONTARIO LTD. PART LOT 26, BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF DARLINGTON, OSBOURNE ROAD FILE: DEV 96 -022 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -97 -96 be received; 2. THAT application to amend the former Town of Newcastle Comprehensive Zoning By -law 84 -63, as amended, submitted by Tunney Planning Inc. on behalf of 1151233 Ontario Ltd. be referred back to Staff for further processing; and 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1.1 Applicant: 1151233 Ontario Ltd. 1.2 Agent: Tunney Planning Inc. 1.3 Rezoning Application: from "General Industrial (M2)" to an appropriate zone to permit the establishment of an automotive dismantling and parts warehouse, distribution and sales establishment in addition to other uses permitted in the "M2" zone. 1.4 Land Area: 3.8 ha 2. LOCATION 2.1 The subject property is located on the north east side of Osbourne 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. 5011 REPORT PD -97 -96 PAGE 2 3. BACKGROUND 3.1 The subject rezoning application was received, together with an application for site plan approval, in May and circulated to a number of agencies and departments for comment. The applicant is proposing to rezone 3.8 ha of (9.4 acres) of his total land holding, 12.3 ha (30.35 acres) for the proposed use. 3.2 The applicant currently operates an auto wreckers establishment in a neighbouring Municipality and is looking to relocate his business. The proposal differs from his existing operation and most auto wreckers, in that the cars are to be dismantled and the various salvageable parts are warehoused in a covered storage area. The applicant has suggested that the only outside storage required will be for vehicles waiting to be dismantled. This has been identified as the "Holding Area" on the site plan. The "Holding Area" is enclosed with outside walls but open above. 4 EXISTING AND SURROUNDING USES 4.1 The existing site is currently vacant and is used for agricultural purposes. 4.2 Surrounding land uses are as follows: South: Osbourne Road and the Canadian National Railway line East: agricultural operation with residence North: agricultural operation with residence West: agricultural operation with residence 5 PUBLIC MEETING AND RESPONSE 5.1 Pursuant to the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition the appropriate notice was mailed to each landowner and tenant within the 120 metre prescribed distance on June 4, 1996. As of the writing of this report, no letters of objection or concern with regards to the applications have been received. REPORT PAGE 3 6.1 Within the Durham Regional Official Plan the subject property is designated Employment Area. Said designation permits, among other uses, manufacturing, assembly and processing of goods, as well as warehousing and storage of goods and materials. Section 5.3.20 states that limited infilling or minor expansion to existing development may take place in urban areas on private services subject to conditions. The application would appear to conform. 6.2 The Council- adopted Clarington Official Plan designates the subject property as Light Industrial. The predominant use of land in this designation is manufacturing, assembling, processing, fabricating, repairing, research and development, and warehousing. Outside storage is limited to 25% of the total gross building floor area, less than 3 metres high and located in well screened locations generally at the rear of the building. The proposed outside storage is well in excess of 25 %. However, in this instance, the outside storage is enclosed by outside walls and the outside storage will only be visible from above, as the outside storage area is contained within walls, the 25% requirement can be relaxed. 63 Section 11.7.1 of the Clarington Official Plan states Employment Areas shall be developed on full municipal services. However, limited development on private services subject to certain criteria may be permitted. One of the requirements is the submission of an engineering report to demonstrate that private services can be supported on site without impacting ground water and soil conditions on neighbouring properties. 6.4 In May, the Region of Durham provided their post - circulation letter to the Municipality on the Council- adopted Clarington Official Plan. One of the items that has been identified as a major issue is the delineation of a 20 year versus 30 year supply of Employment Area land. As a result, all the Employment Area lands are proposed to be deferred, pending resolution of this issue. Should resolution of this issue not occur prior to Regional Council approval of the Clarington Plan, this application may have to be reviewed within the context of the Regional Official Plan only. OVE Z1, 7.1 The current zoning on the subject property is Holding - General Industrial ((H)M2). The Zoning By -law defines motor vehicle wrecking yard, in part, as an establishment where motor vehicles are stored and /or dismantled and where used motor vehicle parts are sold. The subject zone does not include the use of a motor vehicle wrecking yard, hence the application for rezoning. 8.1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. To date comments remain outstanding from a number of agencies including: Ontario Hydro, Central Lake Ontario Conservation Authority, Regional Planning and Clarington Public Works Department. 8.2 The following agencies have all responded advising they have no objection to the application as proposed: Clarington Fire Department, Region of Durham Works Department, Region of Durham Health Department and the Canadian National Railway. 9 STAFF COMMENTS 9.1 At this time comments remain outstanding from a few agencies. Prior to staff preparing a recommendation report on this application, these agencies must provide their comments and have any concerns addressed by the applicant. 9.2 The purpose of this report is to facilitate the Public meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or area of concern regarding the subject application. It is recommend the application be referred back to Staff for further processing and subsequent report upon resolution of any outstanding issues and receipt of all outstanding comments. 5`0 4 REPORT PD-97-96 Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development CP *FW *km *Attach 24 June 1996 Attachment No. 1 - Key Map Attachment No. 2 - Proposed Site Plan Reviewed by, Bill Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: 1151233 Ontario Limited c/o William Labanovich 85 Ambleside Drive PORT PERRY, Ontario LOB 1 NO Tunney Planning Inc. 340 Byron Street Suite 200 WHITBY, Ontario L1 N 4P8 505 ATTACHMENT #1 SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 28 LOT 27 LOT 26 LOT 25 -L--LU L IT BAS LINE���. 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