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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Report #:
PD-051-01
FILE #: DEV 96-064
File ij)Jl/PW C/i-cr; 'i
Res. #6!1J-r3/C;---o I
By-law # p/--6f3
Meeting:
General Purpose and Administration Committee
Date:
Tuesday, May 22,2001
Subject:
REZONING APPLICATION
APPLICANT: ROBERT OWEN (ROY NICHOLS MOTORS)
PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF
DARLINGTON
2728 COURTICE ROAD, COURTICE
FILE NO.: DEV 96-064
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-051-01 be received;
2. THAT the request for the removal of the "Holding (H)" symbol with respect to site plan
application DEV 96-064 be APPROVED;
3. THAT a copy of this report and Council's decision be forwarded to the Region of Durham
Planning Department; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1. APPLICATION
1.1
Applicant:
Robert Owen (Roy Nichols Motors)
1.2
Rezoning:
Removal of "Holding (H)" symbol from "Holding-Special Purpose
Commercial Exception ((H)C5-5) Zone" to "Special Purpose
Commercial Exception (C5-5) Zone".
1.3
Location:
Part Lot 29, Concession 2, former Township of Darlington (2728
Courtice Road, Courtice). The subject lands would permit the
615
REPORT NO.: PD-051-01
PAGE 2
redevelopment and expansion of the existing motor vehicle sales
establishment.
2. BACKGROUND
2.1 Staff received a request from Robert Owen for the removal the "Holding (H)" symbol
from the lands associated with site plan application DEV 96-064. Attachment I shows
the location of the land area for which the holding symbol will be removed.
3. STAFF COMMENTS
3.1 The western half of the subject property is currently zoned "Holding-Special Purpose
Commercial Exception ((H) C5-5)". The provisions of the Zoning By-law allow for the
removal of the "Holding (H)" symbol, by By-law, upon Council being satisfied that the
uses to be permitted will be adequately serviced, have appropriate access, and will be
used for the purposes intended by the By-law.
3.2 Staff are finalizing the site plan drawings and agreement with the applicant. This
agreement will address all of the Municipality's conditions, financial and otherwise. All
applicable securities and financial contributions have been received from the applicant.
3.3 It is noted that pursuant to Section 36 of the Planning Act, a by-law amendment to
remove the "Holding (H)" symbol is not subject to the normal appeal period afforded to a
standard rezoning application, and accordingly shall be deemed final and binding should
Council grant approval of same.
4. RECOMMENDATIONS
4.1 In consideration of the comments noted above, it is recommended that the attached
Zoning By-law (Attachment I) be approved for the removal for the "Holding (H)"
symbol.
616
."
REPORT NO.: PD-051-01
PAGE 3
Respectfully submitted,
Reviewed by,
o~~
Davi J rome, M.C.1.P., RP,P.
Director of Planning & Development
RH*DC*df
Franklin Wu, M.C.1.P., R.P.P.
Chief Administrative Officer.
27 April 2001
Attachment I - By-law for Removal of "Holding (H)" Symbol
Interested parties to be notified of Council and Committee's decision:
Robert Owen
c/o Roy Nichols Motors
2728 Courtice Road
COURTICE, Ontario
LIE 2M7
Barry Whitnell
Westmount Engineering Construction
Company Limited
781 O'Brien Drive
PETERBOROUGH, Ontario
K9J 7Y8
Bill Creamer
D.G. Biddle & Associates
96 King Street East
OSHA W A, Ontario
LlH IB6
617
THE CORPORATION OF THE MUNICIPALTIY OF CLARINGTON
BY-LAW NUMBER 2001-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the MWlicipality ofClarington deems it advisable
to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle in
""cordance with application DEV 96-064 to permit the redevelopment and expansion of the
existing motor vehicle sales establishment;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality ofClarington enacts as follows:
L Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from:
"Holding-Special Purpose Commercial Exception ((H)C5-5) Zone" to "Special Purpose
Commercial Exception (C5-5) Zone" as shown on the attached Schedule "A" hereto.
2, Schedule "A" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act, R.S.O. 1990,
,
BY-LAW read a first time this day of '
2001
BY-LAW read a second time this day of
2001
BY-LAW read a third time and finally passed this day of
2001
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
ATTACHMEINT 1
This is Schedule "A" to By-law 2001- ,
passed this day of .2001 A.D.
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t7ZZl ZONING CHANGE, FROM .. (H)C5-5" TO .. C5-5"
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John Mutton. Moyor
Patti L. Barrie. Municipal Clerk
_ SUBJECT SITE
LOT 30
LOT 29
LOT 28
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COURTICE
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