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HomeMy WebLinkAboutPD-35-95THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: HENRY.GPA REPORT Meeting: General Purpose and Administration Committee File #-D) -jam o 00 7,� Date: Monday, April 3, 1995 Res. DEV 95 -003 By-law # Report # PD -35 -95 File #: Y' Subject: REZONING APPLICATION RANDY HENRY ON BEHALF OF OSHAWA WOOD PRODUCTS PART LOT 29/30, CONCESSION 21 FORMER TOWNSHIP 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 -35 -95 be received; 2. THAT Rezoning Application DEV 95 -003 submitted by Randy Henry on behalf of Oshawa Wood Products to allow for the continued use of the lands for a flea market and auction room on a temporary basis be APPROVED; 3. THAT the amending by -law attached hereto be forwarded to Council for approval; 4. THAT copy of this report and the amending by -law be forwarded to the Region of Durham Planning Department; and 5. THAT 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 ....2 REPORT NO. PD -35 -95 PAGE .2 Street. The property straddles Lots 29 and 30 in Concession 2, former Township of Darlington. 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 first 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. Mr. Henry would like the use to continue, as such he has filed this rezoning application to allow the use to continue for another 3 years. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Courtice Flea Market 4.2 Surrounding Uses: East - Existing Residential and Farmland West - Existing Residential and Farmland South - Farmland and Courtice South Public School North - 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: a) have no adverse effect on the present uses of the surrounding lands or the implementation of the provisions ....3 of this Plan; PAGE 3 REPORT NO. PD -35 -95 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 54 -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 on a temporary basis. This Special Purpose Commercial Exception zoning expires on May 25, 1995. 6.2 The applicant has made this application for rezoning to allow a flea market and auction room to 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 structure for a purpose or use that is otherwise prohibited by the Comprehensive Zoning By -law. The adopting by -law must state a period of time for which the by- law shall be in effect, and it shall not exceed three years from the day of passage of the temporary use by -law. Upon expiry of the time period, as set out in the adopting by -law, Council may grant the temporary use by -law to be extended for periods of not more than three years. •. ..4 REPORT NO. PD -35 -95 PAGE 4 7. PUBLIC NOTICE AND SUBMISSIONS 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. 7.2 A Public Meeting was held in accordance with the regulations of the Planning Act on March 20, 1995. At this meeting no one spoke in support or in opposition to this application. 8. AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following department/ 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 Northumberland Clarington Public School Board 8.2 Verbal comments have been received from the Durham Region Planning Department and Durham Region Works Department stating they have no objection. 8.3 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. 9. COMMENTS 9.1 The applicant has requested that the Comprehensive Zoning By- law of the former Town of Newcastle be amended to permit the ....5 continuation of the flea market and auction room on a temporary basis. Section 39 of the Planning Act deals with Temporary Zoning requiring the by -law to state 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 continued for up to use to be con allowing for the temporary another 3 years, which is what Mr. Henry has app lied for. 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 Mr. Henry understands that he will have to amend the existing site plan if this application is approved in order to recognize the continuation of this use. 10. CONCLUSION 10.1 With respect to the above noted comments, Staff recommend that this application be APPROVED, and that the attached by -law be recommended to Council for APPROVAL. Respectfully submitted, Reviewed by, N Franklin Wu, M.C.I.P. Director of Planning and Development HB *FW *CC Attachment # 1 - Attachment # 2 - Attachment # 3 - March 24, 1995 W. H. S ockwell Chief Administrative Officer Key Map Site Plan Amending By -law Interested parties to be notified of Council and Committee's decision: Randy Henry Box 368 Oshawa, Ont LlE 2N1 ATTACHMENT # 1 1 Pill • 11 ui • [lWt tTtLLT KEY PLAN PERTINENT INFORMATION `� ` l L _ EXI'T/7T JG Zor�l.x. • C,4-!2 +Y J++ To nl..[o... W`CPO+g•O TAI�•t.1G � TW✓TP'ow h l'iL �� • 42,4 ?S.LS nb� ET •.T LvT GovtvJC.e bU1Lp1•JC. I1' GZZ•4o n• i _ bUT LO WG •G' 40.0 � L _ - OUIL.0 X; •O 76.87 ^� wllol.ic •r• - sii.•IC. -• ZtiTiL - Do7o. 11 (^1.It•L� n•.Yb' Iro•IH ' ^ ` Tnxrrq P.ra O► 0137000. > STG L S EXIST ^_4 +�b> (a�.�Q•yCJ.0o0�[YI'y[ opus i 1, "J7 1.67 n• WLOINo 0 (WWII 1` 1 1 ' I I (k- .•YI.1G h'CQVIP'+ELi - 0125.'S4 • ..e 1 �`�..• • 1i.41O +P.c�� I I (KT L,. - • k �`- • ) � asi�o[ 1 IXIST. BL[pwI IXIST. I I BUILC[WC 1 � 57fi �.}••• [ /+o -• Igz.11•�ac�>. .,u l . I h.ldq � (nldll I 2».; (ovr -ao� �.rti •°'< -a) I 1 II{-n cr_- 15.zo ( 'i F3�.. -.•.. )G I— COv.ti.O pl.ry] 7•P�RS ys•- ..•.•�c io,ovlOCO . moo+ ^aranu� IIL IIL LdD 1.••1G Pr.pv[000 4 sPGGb �, �,-, M✓T• IIT rt V "•�� — [ to .[ro.ns TO.r uc..nc. bM.H I ►ITTY+M.T10•t [•robes ••i1.i►../bYU.• -. > .`- y� j��j- II{�II- II�II -IIj- II1� I I I I' ( �� - FW -r 10 rl'T i Pl - " • Or• c,l.►�`{ o— t•rJ[`S Z/'1 4 � O I •. ' 1 1 1 1 1 1 1 t vl' Ltr1[.N IGTt?� . w[On[ IJ T+a bV enL.aJtG.Fti[.IN OP a•un, •• tee• -41 LUw[s� w.►L—e i1- [bAawl�a.eG. LTD. - .bat, o+1..iTi r�la AeC- EXIST ,vllowo a lUI�OINO • <+P•al (nwM) WASH=M INFOMAA710H [ J1r•o••- 7.12•i.0 +a ii � abbe 1 I.Ty � r 1bT •�+ cto�f Yrf 1►✓�. 1.A�[.24o1srtioa� I r •'i'`ii -_• i .. .. s[i' .•Ir .ro[o [ G � .>r ......tea r...•...b PROPOSED FLEA MAI _ AUCTION FALL tILYP iTK[T Ccu.TK[ p. T[•O BLOOR STREET SITE PLAN —� ____ .SITF I-)FVF10PM,,;NT PLAN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 95- 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 former Town of Newcastle in accordance with application DEV 95 -003 to authorise the temporary use of land, buildings or structures pursuant to Section 39 of the Planning Act, 1990 to permit the continuation of a temporary flea market and auction room. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 19.1 "Special Purpose Commercial (C4)" zone is hereby amended by adding thereto the following new Special Exception 19.4.13 as follows: "19.4.13 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C4 -13) ZONE Notwithstanding Section 19.1 and 19.3, the lands zoned "C4 -13" on the attached Schedule "A ", shall be used for a flea market and auction room. Pursuant to the requirements of Section 39 of the Planning Act, 1990, these uses may be permitted for a period of three (3) years, ending May 25th. 1998. The placement of building and structures shall be subject to the zone regulations set out in Section 19.3." 2. Schedule "4" to By -law 84 -63 as amended, is hereby further amended by changing the zone designation from: "Special Purpose Commercial Exception (C4 -11)" to "Special Purpose Commercial Exception (C4 -13)" Zone as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By -law. 4. This By -law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY -LAW read a first time this day of 1995. BY -LAW read a second time this day of 1995. BY -LAW read a third time and finally passed this day of 1995. MAYOR CLERK This is Schedule to • passed this—day of—, 1992 A.D. LOT 30 LOT 29 N73 015'30 "E 88875 Ply a N CONCESS ION '30 "E 125- ro M w 0 N 2 z c N71 0II 20 E 88404 Z —< —N18 008'50 "W, 42.077 N7 1038'20 E �-- 36-728, N 71 021'00 "E BLOOR STREET ®ZONING CHANGE FROM' C4 -11' TO ' C4-13' 0 25 50 IOOm min Mayor 50403020100 Clerk LOT 31 LOT . 30 LOT 29 (H)RI _ 1 REGIONAL ROAD 22 BLOOR STREET o so ioo 200 . COURTICE 50m