HomeMy WebLinkAboutPSD-051-04
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CJfK-!l1gton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, May 3, 2004
Report #:
PSD-051-04
File #: ZBA 2004-014
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By-law #: ;2D::IJ - I ( if
Subject:
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: AKERS AUTO GLASS
PART LOT 13, CONCESSION 1, FORMER TOWN OF BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-051-04 be received;
2. THAT the application submitted by Akers Auto Glass to remove the Holding (H) symbol
be APPROVED and that the attached By-law to remove the Holding (H) symbol be
passed and a copy forwarded to the Regional Municipality of Durham; and,
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
A "/'f0 -
Submitted liJ . ~
avid J. Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by:
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Franklin Wu,
Chief Administrative Officer
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April 23, 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830
614
REPORT NO.: PSD-051-04
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Akers Auto Glass
1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding-Light Industrial ((H)M1)
Zone" to "Light Industrial (M1) Zone"
1.3 Location: Part Lot 13, Concession 1, former Town of Bowmanville, 42 Scugog Street
North, Bowmanville (Attachment 1).
2.0 BACKGROUND
2.1 On April 14, 2004, Staff received a request from Akers Auto Glass for the removal of the
"Holding (H)" symbol from a property to permit the development of an auto glass repair
facility within a wholly enclosed 140 sq.m. light industrial building.
2.2 The applicant has submitted site plan application SPA 2003-019 to obtain approval for
the proposal.
3.0 COMMENTS
3.1 The entire site is zoned "((H)M1)". The application for removal of the "Holding (H)"
symbol affects only the developable portion of the property. In accordance with Section
23.4.3 of the Clarington Official Plan, prior to development of a property, Council must
be satisfied that the following matters have been addressed to the satisfaction of the
Municipality:
· Services and municipal works;
· Measures to protect natural areas;
· Measures to mitigate the impact of development;
· Submission of technical studies; and
· Execution of appropriate agreements.
3.2 The subject lands contain a substantial amount of valleyland associated with the
Bowmanville Creek at the south and west portions of the property. Although these
lands are designated Environmental Protection Area in the Clarington Official Plan,
these lands are not currently zoned "EP" in the Zoning By-law. Staff in conjunction with
CLOCA and the applicant staked the stable top-of-bank. The applicant will dedicate
these lands plus a 5.0 metre buffer area to the Municipality, which represents
approximately 60% of the property. The valleyland limits will also be fenced by a 1.5
metre high chainlink fence in accordance with our valleyland fencing policies. These
lands will be rezoned to "EP" through the new Zoning By-law process.
3.3 Based on a review of the building elevations, the applicant will be developing a
residential style industrial building that blends well with the surrounding residential area.
615
REPORT NO.: PSD-051-04
PAGE 3
3.4 Staff feel that the remaining site design issues are minor in nature and can be resolved
shortly.
4.0 RECOMMENDATIONS
4.1 In consideration of the comments noted above, approval of the removal of the "Holding
(H)" symbol as shown on the attached by-law and schedule (Attachment 2) is
recommended.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law for Removal of Holding
List of interested parties to be advised of Council's decision:
Reg Akers
Akers Auto Glass
P.O. Box 92
Lindsay, ON
N9V 4R8
Martin Topolie
Durham Engineering Limited
420 King Street West, Suite 206
Oshawa, ON
L 1J 2K8
616
ATTACHMENT 1
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Bowmanville Key Map
ZBA 2004-014
Zoning By-law Amendment
Owner: Akers Auto Glass
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ATTACHMENT 2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2004-
being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By-Law for the
Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-Law 84-63, as amended, of the Corporation of the former Town of Newcastle in
accordance with applications ZBA 2004-014 and SPA 2003-019 to permit the development of an
auto glass repair facility within a wholly enclosed 140 sq.m. light industrial building;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing the
zone designation from:
"Holding - Light Industrial ((H)M1) Zone" to "Light Industrial (M1) Zone"
as shown on the attached Schedule "A" hereto.
2. Scheduie "A" attached hereto shall form part of this By-Law.
3. This By-Law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act, R.S.O. 1990.
BY-LAW read a first time this
day of
2004
BY-LAW read a second time this
day of
2004
BY-LAW read a third time and finally passed this
day of
2004
John Mutton, Mayor
618
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2004- ,
passed this day of .2004 A.D.
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Zoning to Remain "(H)M1"
Zoning Change From "(H)M1. To .M1"~f>.-{
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John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
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