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Home My WebLink AboutPD-135-95 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN BUCKMAN GPA REPORT Meeting: General Purpose and Administration Committee File # i Date: Monday, December 4, 1995 Res. # CPA- Sc-)- Report #: PD-135-95 File #: DEV 95-065 By-law #�-3 Subject: REZONING APPLICATION - SYVAN DEVELOPMENTS C/O RAY BUCKMAN 160 BASELINE ROAD EAST, BOWMANVILLE FILE: DEV 95-065 Recommenditi,sespectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-135-95 be received, 2. THAT the application to amend Comprehensive Zoning By-law 84-63, of the former Town of Newcastle, submitted by Ray Buckman, of Northern Truck Sales be APPROVED; 3. THAT the amending By-law attached hereto be APPROVED; 4. THAT a copy of this report and the amending by-law be forwarded to the Region of Durham Planning Department; and 5. THAT the interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Ray Buckman 1.2 Zoning: From General Industrial (M2) to an appropriate zone in order to add as a permitted use the sale of Commercial Motor Vehicles. 1.3 Area: 1.16 hectares 2. BACKGROUND 2.1 On September 5, 1995, 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 . . 2 501 REPORT NO. PD-135-95 PAGE 2 21 The subject lands are located at 164 Baseline Road East (as shown on Attachment #1) and are presently being used for heavy equipment sales and rental and a trucking depot 3. PUBLIC NOTICE AND SUBMISSIONS 3.1 Pursuant to Councils' 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 out 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 November 6, 1995, 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 located within the "Employment Area" of the Bowmanville Major Urban Area. This area is for use by transportation facilities and service industries The proposal appears to conform with the intent of the Regional Official Plan 4.2 Within the Official Plan of the former Town of Newcastle, the subject property is designated "Industrial" on Schedule 7-1. Section 7 2.7.1 i) states that the appropriate areas are to accommodate industrial development opportunities to meet the needs of the municipality, and Section 7.2.7.1 iii) states it is to encourage the diversification and expansion of the Town's industrial base. Therefore, the application appears to conform with the intent of the Official Plan for the former Town of Newcastle. ... 3 502 REPORT NO. PD-135-95 PAGE 3 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 expand his existing business presently located within the building to use a portion of the land for the sale of Commercial 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 and agencies. The following provides a brief summary of the comments received to date. 6.2 The Clarington Fire Department, By-law Enforcement, Strategic Planning Branch, and Public Works have advised that they have no objections to the proposal 63 The Community Services Department has no objection to the proposal providing a 2% cash-in-lieu of parkland is taken if not previously received. However, the present application has been put forth by an existing tenant of the site wishing to expand his business to include the sale and rental of commercial motor vehicles. There will be no structural alterations on the site nor a site plan amendment required through this rezoning application. In regard of the above comments, staff feel cash-in-lieu of parkland is not applicable. 6.4 The Regional Planning Department has no objection to the proposal. The Regional Works Department advise that although at this time they do not require a road widening, they will require a 5.18 metre widening across the total frontage abutting Baseline Road through subsequent site plan or Land Division applications. This is due to the change in classification of Baseline Road from a Type B arterial to a Type A arterial. It is noted that a 3.048 metre road widening .. .4 503 REPORT NO. PD-135-95 PAGE 4 was taken under the original development application in 1983 to reflect the Type B arterial designation of Baseline Road at that time. 7. STAFF COMMENTS 7.1 In consideration of the comments contained within this report, Staff recommend the attached zoning by-law be approved by Council. Respectfully submitted, Reviewed by, 1 a, o rr Franklin Wu, M.C.I.P., R.P.P., W. H. Stockwell Director of Planning Chief Administrative and Development Officer SL*FW*cc Attachment #1 - Key Map Attachment #2 - Zoning By-law & Schedule November 24, 1995 Interested parties to be notified of Council and Committee's decision- Northern Truck Sales c/o Ray Buckman 160 Baseline Road East Bowmanville, Ontario L1 C 1A2 504 i Attachment #1 SUBJECT SITE LOT 10 LOT 9 LOT 8 LOT 7 111111111 11 FFFFFFFF ffm RIO (j) Li Lij > (Y � O Co U' Z Z-L fy Q Z O A LI U 00 Cz O U HIGHWAY 401 n; m s °OMv MAP � DEV . 95 - 065 5 �5 Attachment #2 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 to implement DEV 95-065. 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 24.4.13 as follows: "24.4.13 General Industrial Exception (M2-13) Zone" Notwithstanding Sections 24.1 the lands zoned"M2-13"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 hearses, casket wagons, and buses. 2. Schedule"3"to By-law 84-63 as amended,is hereby further amended by changing the zone category of the land identified on Schedule"A"attached hereto,from"General Industrial (M2)" to "General Industrial Exception (M2-13)" Zone, as shown on Schedule "A" attached 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 tune this day of 1995 BY-LAW read a third time and finally passed this day of 1995. MAYOR CLERK 506 This is Schedule "A' to By—law 95— , passed this day of 1995 A.D. LOT 9 CONCESSION 1 N71'34'10"E 6953 3 CD W r4 0 z Ljj M �! 00 U) o ��z O LL z W z 3 0 0 U) z N72'48'00"E 9144 N72'48'00" 27010 BASELINE ROAD EAST ® ZONING CHANGE FROM "M2" TO "M2-13" 0 10 20 40m Mayor 2015105 0 Clerk I OT 10 LOT 9 LOT 8 LOT 7 W ® O LU a [ U U) Z w O ry z U A U CU m Cz O I I U --�l_ HTTIGHWgy 40 CC BOWMANVILLE ? -�� 1 pp 507