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
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____ .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
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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