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HomeMy WebLinkAboutPD-051-01 '!... DN:P051-01 . ,j~ 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. ::- LOT .' ~~ - -. n"..-........t -- IIJi ' U' ~, 1 _ i , 'I i. L._.J; C\J . j z o (j') (j') w u z o u t7ZZl ZONING CHANGE, FROM .. (H)C5-5" TO .. C5-5" f:::,:':::::~ ZONING TO REMAIN .. C5-5" John Mutton. Moyor Patti L. Barrie. Municipal Clerk _ SUBJECT SITE LOT 30 LOT 29 LOT 28 ~' , " " I ,,----, COURTICE NASH ROAD ] j I~ '" N Z o (f) (f) lLJ t) Z o t) I 619