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Home My WebLink AboutPD-40-94THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: VANCE.GPA REPORT Meeting: General Purpose and Administration Committee Date: Tuesday, April 5, 1994 File a "f 1-t,6 c, ,b Res. By -Law # Report #: _v PD -40 -94 DEV 94 -002 File #; Subject: REZONING APPLICATION - 917870 ONTARIO LIMITED (VANCE EQUIPMENT) PART LOT 8, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: DEV 94 -002 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -40 -94 be received; 2. THAT the application to amend Comprehensive Zoning By -law 84 -63, of the former Town of Newcastle, submitted by 917870 Ontario Limited (Vance Equipment) be APPROVED; 3. THAT the attached By -law be APPROVED; 4. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 1.2 Rezoning: 1.3 Area: 917870 Ontario Limited (Vance Equipment) From General Industrial (M2) to an appropriate zone or zones in order to add as a permitted use the sale of Commercial Motor Vehicles. .8 ha (1.897 acres) 2. BACKGROUND 2.1 On January 11, 1994, the Planning and Development Department received an application to amend Zoning By -law 84 -63 in order to add as a permitted use the sale of Commercial Motor Vehicles in the existing M2- General Industrial Zone. 2.2 The lands subject to the application are situated on a .8 ha (1.97 acres) parcel of land located on the east side of Mearns Avenue approximately 265 metres (871 feet) north of Baseline Road, but is JLO PAPER E��pE i G6 PRIMED Q! RECYCLED PAPER REPORT NO.: PD -40 -94 PAGE 2 more formally described as Part Lot 8, Concession 1, in the former Town of Bowmanville. 3. PUBLIC NOTICE 3.1 Pursuant to Council's resolution of July 26, 1982 and 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 within the prescribed distance. 3.2 As a result of the public notification process, the Planning and Development Department has not received any written submissions or inquiries with respect to the proposal. 3.3 A Public Meeting was held on March 7, 1994, at which time the applicant appeared before Committee to answer any questions Committee may have had. The Public Meeting was not attended by any other ratepayer. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the 1991 Regional Official Plan, the subject property is designated as an Employment Area while the Official Plan for the former Town of Newcastle designates the subject property "Industrial ". The proposal would appear to conform with both the regional and the local official plans. 5. ZONING BY -LAW COMPLIANCE 5.1 Within Comprehensive Zoning By -law 84 -63, as amended, of the former Town of Newcastle, the subject property is zoned "General Industrial (M2) ". As the applicant intends to use a portion of the land for the sale of Commercial Motor Vehicles, the applicant has applied to amend the zoning by -law. 6. AGENCY COMMENTS 6.1 In accordance with departmental procedures, the application has been circulated in order to obtain comments from other departments REPORT NO.: PD -40 -94 PAGE 3 and agencies. The following provides a brief synopsis of the comments received. 6.2 The Central Lake Ontario Conservation Authority has reviewed the application and advised that they have no objection to the proposal. However, the Authority did note that the site is subject to Ontario Regulation where written permission is required prior to the commencement of filling or grading on the property. 6.3 The balance of the agencies which provided comments were the Community services Department, the Fire Department, the Public Works Department, the Regional Planning Department and the Ministry of Natural Resources. None of the aforementioned agencies have provided objectionable comments with respect to the proposal. 7. STAFF COMMENTS 7.1 The application proposes to amend the zoning by -law in order to permit the use of the site for Commercial Motor Vehicles sales in addition to the existing trucking depot with heavy equipment sales and rentals. 7.2 The General Industrial (M2) zone permits a variety of uses such as heavy equipment sales and rentals, transport or cartage depots, farm implement and equipment sales, motor vehicle body shops and motor vehicle repair garages. It would appear that the applicant's proposal to use the subject property for Commercial Motor Vehicle sales is similar in nature to the other uses currently permitted in the Zoning by -law. In addition, the applicant will retain all the uses currently permitted within the General Industrial (M2) zone including heavy equipment sales and rentals which will allow the continued use of the subject property for the sale and rental of equipment such as backhoes and bulldozers. REPORT NO.: PD -40 -94 PAGE 4 8. CONCLUSION 8.1 In consideration of the comments contained within this report, Staff would have no objection to the approval of the attached zoning by -law amendment, as applied for. The amending zoning by- law would provide the appropriate zone category in order to permit the use of the land for the sale of Commercial Motor Vehicles. Respectfully submitted, c Franklin Wu, M.C.I.P. Director of Planning and Development WM *FW *df Attachment #1 - Key Map Attachment #2 - Survey 23 March 1994 Reviewed by, W.H. Stockwell Chief Administ ative Officer / Interested parties to be notified of Council and Committee's decision: 917870 Ontario Ltd. P.O. Box 241 Bowmanville, Ontario. L1C 3L1 :) � I Dev. 94lm-wOO ,_, LE_ _ J� W � Q � J W 3 m W c Wo SS�pN GpNGE BASaINE AC14D 0.4 ry —"w-�'-�._� d a n SURVEYOR'S REAL PROPERTY REPORT PART A PLAN OF SURVEY OF PART OF LOT 8 , CONCESSION 1 , TOWN OF BOWMANVILLE, now in the MUNICIPALITY OF CL ARINGTON REGIONAL MUNICIPALITY OF DURHAM OWMN S COOBAN LTD. , O.LE. , 1 f9E. SCALE - 1 • • 00' SURVEYOR'S CERTIFICATE I CatTM'Y THAT ME MILD 1MYCY PO"C8EMTRO ON T1NS FLAN WAS OOYtLIm ON ME SOS, DAY OF MENOR, 1903. OATf CC1MW CMTARIO LAND SUIVAM t BEARING REFERENCE ` IIARINWS 1HOM MW AN ARE WrEM tD TOM LUT Ur IT W Si~ AVCKK SHOW AS *11-10 Ilelff d A KWM FROARED BY 1L O. 1000■ GATED JULY 25, N90. NOTES 8 LEGEND \ ■ 0 0IM 0TES DEMOTES YO A14INTATiOM FO W w 000JYO(TAT10M RAMTID SIS. DEMOTES STAMOARO IRON MR �.. DONOTES 1" 6" �■.. DEMOTES ROUND WON ■N,1 •'1T. DEMOTES .ITMESS 0109) DENOTES W. D. 000", 0. L S. THE ENITRI SITE MAS WU 6U11AM nM OLUpIm U6I927000 AM MAY K SUMAKI FOR FA11 W AM0 STORA■C FACILITIES. COPYRIGHT &V" a C0013M1 LTC., 0.L.&,1903. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 94- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By- law for the former 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 Corporation of the former Town of Newcastle; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 24.4 "Special Exception- General Industrial (M2) zone is hereby amended by adding thereto the following new Special Exception 24.4.12 as follows: " 24.4.12 General Industrial Exception (M2 -12) Zone Notwithstanding Sections 24.1, 24.2 and 24.3, the lands zoned "M2 -12" on the attached Schedule "A" in addition to the•other uses permitted in the "General Industrial (M2)" zone may be used for the sale and rental of Commercial Motor Vehicles as defined by the Highway Traffic Act save and except ambulances, hearses, casket wagons, fire apparatus and buses. 2. Schedule 113" to By -law 84 -63, as amended, is hereby further - amended by changing the zone category of land identified on Schedule "A ", attached hereto, from "General Industrial (M2)" to "General Industrial - Special Exception (M2 -12) ". 3. Schedule "A" attached hereto shall form part of this By -law. 4. This By -law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. BY -LAW read a first time this day of 1994. BY -LAW read a second time this day of 1994. BY -LAW read a third time and finally passed this day of 1994. MAYOR This is Schedule to : 94—. 1, passed this —day of 9 1994 A.D. I N3 I 0d26'10 °E '- --�41 J tQ a ol� ^�Q \l \V 3 b M 4 � LCrL r Z O r; Co 3 b M U') N n 89.51 N73d3'E � S.W. ANGLE OF LOT 8, CONCESSION 1 — — — — — — — — — — — — — — — — B4SEL /NE ROAD ® ZONING CHANGE FROM "M2" TO "M2 -12" 0 10 20 30 m Mayor tom Clerk LOT 9 LOT 8 LOT \7 H R4 c RI -3 RI I V a EPA .� C" �� EP Z ui R3 A-13 `R� A 0 A-22 W o U N Z O 01 ° N M2 1 W m sa� a Z a NN M2 W Br A E E RN OAD BOWMANVILLE 0 100 200 300 m 100 m