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HomeMy WebLinkAboutPD-120-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: MINGSUN.GPA ry REPORT 1 +<< Meeting: General Purpose and Administration Committee File #,h E ` V C 1� 7 Date: Monday, September 9, 1996 Res.°` Report #: PD- 120 -96 File #: DEV 89 -105 & DEV 91 -006 By -law # Subject: REZONING APPLICATION AND SITE PLAN APPROVAL APPLICATIONS OSHAWA MOTOR COURT /MING SUN HOLDINGS 1502 KING STREET (COURTICE) PART LOT 33, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 89 -105 & DEV 91 -006 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 120 -96 be received; 2. THAT approval of the zoning amendment application (DEV 89 -105) submitted by Larry Gold on behalf of Imperial City Corporation, subsequently assumed by Ming Sun Holdings, dated June 25, 1990, be rescinded, and the said application be DENIED WITHOUT PREJUDICE; 3. THAT the related site plan approval application be CLOSED; 4. THAT a copy of this report be forwarded to the Regional Municipality of Durham Planning and Development Department; and 5. THAT the Region of Durham, all interested parties listed in this report and any delegation be advised of Council's decision. 1. BACKGROUND 1.1 On August 10, 1989, the Planning and Development Department received an application submitted by Larry Gold on behalf of Imperial City Corporation to amend the Courtice West Neighbourhood Development Plan and Comprehensive Zoning By -law 84 -63 in order to permit a two storey mixed commercial and professional office development. 1.2 On August 24, 1989, the Planning and Development Department was advised by the Region of Durham of an application submitted by Imperial City Corporation REPORT NO. PD- 120 -96 PAGE 2 to amend the Official Plan in order to permit the above noted development. The carriage of the above noted applications was subsequently assumed by Ming Sun Holdings on January 15, 1990. 1.3 On June 25, 1990, Council approved Resolution #GPA- 463 -90 which had the following effect: • the Region of Durham was advised that the Municipality recommended approval of Official Plan Amendment application OPA 89 -095/N • Neighbourhood Plan Amendment application 2.2.1(9) was approved to permit the introduction of a Special Policy Area to implement the proposed development • Zoning Amendment Application DEV 89 -105 was approved in principle with a By -law to be passed following the adoption of the Official Plan Amendment by Regional Council and the execution of a Site Plan Agreement. 1.4 The proposed Official Plan Amendment was subsequently approved by the Region of Durham as Amendment No. 39 on October 17, 1990 and by the Ministry of Municipal Affairs on August 9, 1991. 1.5 The adoption of the new Clarington Official Plan in January of 1996 incorporated the approvals granted by Amendment No. 39 and repealed all of the Neighbourhood Plans. As a result, the only outstanding matter with respect to the development of the site remain the resolution of site plan approval and the passing of an implementing zoning by -law in accordance of Resolution #GPA- 463-90. 2. STAFF COMMENTS 2.1 Since approval of the rezoning application in August 1991, the applicant has submitted plans for site plan approval. Subsequently it became apparent that due to the unique configuration and location of the site it could be difficult for the 546 REPORT NO. PD- 120 -96 PAGE 3 applicant to design a storm water management system which would be satisfactory to both the Central Lake Ontario Conservation Authority and the Regional Works Department. 2.2 Despite repeated requests from staff during the last 5 years, the applicant has not actively pursued the resolution of the storm water management issue. Staff is concerned that significant time has now lapsed since Council granted approval to the rezoning back in 1991, and there is no indication if or when the applicant intends to proceed. During these past few years, it is not inconceivable that new residents have moved into the area unaware of the proposal. 2.3 Further, staff feel that it would not be in the public interest to hold a rezoning approval for more than 5 years before the actual by -law is passed. As a result, we recommend that Council rescind its previous rezoning approval. A new rezoning application and site plan application would be required if and when the applicant decides to proceed. A new public meeting will be held and all applications will be subject to the requirements of the Clarington Official Plan. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development WM *LDT *FW *cc Attachment # 1 - Key Map August 28, 1996 W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Westcom Group Ltd. Attention: Pat McLaughlin 149 Wortley Road LONDON, Ontario N6C 3P4 William P. K. Au 3852 Finch Avenue East Suite 410 SCARBOROUGH, Ontario M 1 T 3T6 w�.