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Home My WebLink AboutPD-27-95Ippr DN: DEV95003.GPA REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # adL1',��_:� �- Monday, March 20, 1995 Res #(L-1 ✓-a Date: PD -27 -95 DEV 95 -003 By -Law # - Report #: - File #: Subject: REZONING APPLICATION - RANDY HENRY ON BEHALF OF OSHAWA WOOD PRODUCTS PART LOT 29 & 30, CONCESSION 21 FORMER TWP. OF DARLINGTON FILE: DEV 95 -003 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -27 -95 be received; 2. THAT application to amend the Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle, as amended, submitted by Randy Henry, on behalf of Oshawa Wood Products, be referred back to staff for further processing and preparation of a subsequent report upon receipt of all outstanding comments; and 3. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Randy Henry 1.2 Owner: Oshawa Wood Products 1.3 Rezoning: From - Special Purpose Commercial (C4 -11) To - allow for the continued use of a flea market and auction room on a temporary basis 1.4 Area: 4.24 hectares 2. LOCATION 2.1 The lands are situated on the north side of Bloor Street, just west of Courtice Road. The municipal address being 1696 Bloor Street. The property straddles lots 29 and 30 in Concession 2, former Township of Darlington. P CLEO PA EA PIER P CYCLE THIS IS PRIMED OR PECVCLED PAPER REPORT NO.: PD -27 -95 PAGE 2 3. BACKGROUND 3.1 On February 14, 1995 Randy Henry submitted a rezoning application to permit the continued use of the subject lands on a temporary basis as a flea market and auction room. This is his second application for temporary zoning. 3.2 On February 24, 1992, Council approved Mr. Henry's rezoning application to permit the establishment of a flea market and auction room on a temporary basis. Subsequently, a zoning by -law was passed allowing this use for a maximum of 3 years to expire on May 25, 1995. As a result, Mr. Henry has filed this rezoning application to allow this use to continue for another 3 years. 3.3 It is noted for Committee's information that Mr. Henry has also filed a separate application to allow the establishment of this flea market and auction centre on a permanent basis (DEV 93 -031). However, he has indicated to Staff that he would prefer not to proceed with that application at this time. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Courtice Flea 4.2 Surrounding Uses: East - West - South - North - Market Farmland Farmland Farmland and Courtice South Public School Farmland 5. OFFICIAL PLAN POLICIES 5.1 According to the 1991 Durham Region Official Plan, the subject lands are designated "Living Area ". Lands so designated shall be for residential purposes. However, Section 20.4.4 of this Plan states that: "this Plan is not intended necessarily to prevent the continuation, expansion or enlargement of uses which do not conform to the designations and provisions of this Plan ... provided that such uses:" REPORT NO.: PD -27 -95 PAGE 3 a) have no adverse effect on the present uses of the surrounding lands or the implementation of the provisions of this Plan; b) have regard for the Agricultural Code of Practice as amended from time to time, if applicable; C) are accessible by a public road which is maintained by the appropriate authority as open to traffic on a year -round basis and is of a standard construction adequate to provide for the additional traffic generated by the proposed use; and, d) are subject to any conditions that may be contained in an area municipal official plan. This section goes on to state: "At their sole discretion, the Councils of the area municipalities may zone to permit the continuation, expansion or enlargement of existing uses, or the variations to similar uses." This clause allows for the continuation of a use which does not conform with the Durham Region Official Plan on a temporary basis. 6. ZONING BY -LAW PROVISIONS 6.1 According to the Comprehensive Zoning By -law 84 -63, of the former Town of Newcastle, the site is presently zoned "Special Purpose Commercial Exception (C4 -11) ", permitting a flea market and auction room. However, this Special Purpose Commercial Exception expires on May 25, 1995. 6.2 Mr. Henry has again applied to have a flea market and auction room operate, temporarily, on the subject lands. Section 39 of the Planning Act states that council may pass a by -law authorizing the temporary use of land, building, or structures for a purpose or use that is otherwise prohibited by the Comprehensive Zoning By -law. REPORT • 7. PUBLIC MEETING AND SUBMISSION 7.1 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. 8. AGENCY COMMENTS 8.1 In. accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments /agencies in providing comments, offered no objection to the application as filed: • Municipality of Clarington Public Works Department • Municipality of Clarington Fire Department • Central Lake Ontario Conservation Authority • Durham Region Health Department 8.2 By -law Enforcement advised Planning that in the Spring and summer of 1994 they received a number of parking complaints with respect to this use. However, they noted that the complaints have ceased. 8.3 Comments remain outstanding from the following agencies: • Durham Region Planning Department • Durham Region Works Department • Northumberland, Clarington Public School Board 9. COMMENTS 9.1 The applicant has requested that the former Town of Newcastle Comprehensive Zoning By -law be amended to permit the continuation of the flea market and auction room on a temporary basis. Section 39 of the Planning Act deals with Temporary Zoning, provided the by -law states the time for which the by -law shall be in effect. Section 39 (3) of the Planning Act provides for subsequent by -laws to be passed allowing for the temporary use to be continued for up to another 3 years, which is what Mr. Henry has applied for. REPORT NO.: PD -27 -95 PAGE 5 9.2 Other than the parking complaints that were received in 1994, no other complaints have been recorded. According to the existing site plan, Mr. Henry has met the requirements of the Comprehensive Zoning By -law with respect to parking. 9.3 It is noted that Mr. Henry will have to amend the existing site plan if this application is approved in order to recognize the continuation of the this use. 10. CONCLUSION 10.1 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 areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and subsequent report upon receipt of all outstanding comments and required revisions. Respectfully submitted, d Franklin Wu, M.C.I.P. Director of Planning and Development HB *FW *df *Attachment #1 - Key Map *Attachment #2 - Site Plan 10 March 1995 Reviewed by, oly - ? W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Randy Henry Box 368 Oshawa, Ontario. L1E 2N1 DN: HENRY.REZ . CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public meeting to consider a proposed zoning by -law amendment under Section 39 of the Planning Act. The proposed zoning by -law amendment would allow for the existing zone category of a 4 hectare parcel of land located in Part Lots 29 & 30, Concession 2, in the former Township of Darlington (as shown on the reverse) being "Special Purpose Commercial Exception (C4 -11)" permitting the continued use of a Flea Market and Auction Barn on a temporary basis. ANY PERSON may attend the public meeting and /or make written or verbal representation either in support of or in opposition to the proposal. DATE: MONDAY, MARCH 20. 1995 TIME: 9:30 A.M. PLACE: Council Chambers, Municipal Administration Centre, 40 Temperance St., Bowmanville, Ontario ADDITIONAL INFORMATION relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. (8:00 a.m. to 4:00 p.m. for the months of July and August) at the Planning Department, 40 Temperance Street, Bowmanville, Ontario or by calling Heather Brooks at 623- 3379. DATED AT THE MUNICIPALITY OF CLARINGTON THIS DAY OF 1995 Patti Barrie, Clerk Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario LIC 3A6 PLANNING FILE: DEV 95 -003 CLERK'S FILE: - 513 c 1•, � EXIST BUILOWO A lwa+0a1 EXIST. Bl.�D11N F (MeIN 1 'eUlLOla Tl- ouasoc a.LCa .Ilra� EXIST. 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WASHF400M INFORMATION � Y+L O► K1v1�YW ter aT3S.b� . ,.,�...2 -2— abbott PROPOSED FLEA MARKE AUCTION HAIL alm. sTK[a COU.T�C[ MT.•al SITE DEVELOPMENT PLAN SITE PLAN I mw �mcm l 1 4a.� Of laa.w•�T OR LOi`• Z9 4 � O � TbWa.��•FNP al` DI./�LI.YTO�T . aJO.v IN •TI+.• P"CG.Id.)I.L. ✓.u.1.cIPVL.IT`! OP 06.o- �d.✓•n. rr v►- �pr� -ao "df 7'U�.A6V -• MM`l_t�li�N•�• �_•.CG.1 -TO- LIO d'YC. WASHF400M INFORMATION � Y+L O► K1v1�YW ter aT3S.b� . ,.,�...2 -2— abbott PROPOSED FLEA MARKE AUCTION HAIL alm. sTK[a COU.T�C[ MT.•al SITE DEVELOPMENT PLAN SITE PLAN