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HomeMy WebLinkAboutPD-064-01 . . . . ~ DN: P064-01 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Report #: PD-064-01 File # 7)/ t.f 2fi/J ;;ool--ob-- Res. #6//1-- 3f:,ct -0 ) By-law#)tO!-/IO Meeting: General Purpose and Administration Committee Date: Monday, June 18,2001 FILE #: ZBA 01-015 (X-Ref: SPA 01-025) REZONING APPLICATION APPLICANT: MARY AND MILTON ARNOLD PART LOT 27, B.F. CONCESSION, FORMER TWP. OF DARLINGTON FILES: ZBA 2001-01S AND SPA 2001-02S Subject: Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-064-0l be received; 2. THAT the request for the removal of "Holding (H)" symbol with respect to site plan application ZBA 01-015 be APPROVED; 3. THAT a copy ofthis report and Council's decision be forwarded to the Region of Durham Planning Department; 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Manheim Auto Auction Ltd. 1.2 Owner: Mary and Milton Arnold 1.3 Agent: Borden Ladner Gervais 1.4 Rezoning: Removal "Holding (H)" symbol from "Holding-General Industrial ((H)M2)" to "General Industrial (M2)". 1.5 Location: Part Lot 27, Broken Front Concession, former Township of Darlington 1. 6 Area: 5.894 ha (14.56 acre) 648 REPORT NO.: PD-064-01 PAGE 2 2. BACKGROUND 2.1 Staff received a request from Borden Ladner Gervais, on behalf of Manheim's Auto Auction Ltd. for the removal of "Holding (H)" symbol from the lands associated with site plan application SPA 01-025 and consent application (LD 01-133). Attachment 1 shows the location of the land area for which the holding symbol will be removed. 3. STAFF COMMENTS 3.1 Manheim Auto Auction Ltd. has applied to sever a 5.894 ha parcel ofland, owned by Mary and Milton Arnold and meld it with their existing lands. In addition, they have made application for site plan approval to permit the majority of the severed lands to be used for additional parking area for the auto auction operation. The proposed site plan has been circulated to a limited number of agencies for comment. 3.2 The 5.894 ha parcel to be severed are zoned "Holding-General Industrial ((H)M2)" while the lands currently being used by the auto auction are zoned existing General Industrial (M2). The provisions of the Zoning By-law allow for the removal of "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 in the By-law. 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 2) be approved for the removal of the "Holding (H)" symbol. 649 REPORT NO.: PD-064-01 PAGE 3 Respectfully submitted, Reviewed by, ~. [\J~ Bin Newell, M.C,I.P., R.P.P. Acting Director of Planning & Development CP*LT*BN*df (717U,~f(-.- ~>LL Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. 8 June 2001 Attachment 1 - Key Map Attachment 2 - Proposed Zoning By-law Interested parties to be notified of Council and Committee's decision: Jack Dougan Borden Ladner Gervais 40 King Street West Suite 4400 TORONTO, Ontario M5H 3Y4 Mary and Milton Arnold c/o Margaret Bykiv 112 Powell Road WHITBY, Ontario LlN2H3 650 ATTACHMENT 1 ~ - SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 28 LOT 27 LOT 26 BASE INE ROAD ~ ~ OUR UL-J --lL iT' z o (J) (J) W U Z o U I- Z o a::: I.J... Z W ~ o a::: CD SERVICE ROAD Q ~ ~ w Z 0:: ::) o co (/) o I ZBA 2001-015 SPA 2001-025 651 COURTICE KEY MAP THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON 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 ofthe Corporation of the Municipality deems it advisable to amend By. law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with application ZBA 2001-015 to permit the expansion of the auto auction facility; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: I. Schedule" I" to By.law 84.63, as amended, is hereby further amended by changing the zone designation from: "Holding.General Industrial ((H)M2) Zone" to "General Industrial (M2) Zone" as shown on Schedule "An attached hereto. 2. Schedule "A" attached hereto shall form part of the By.law. 3. TIlls By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act, R.S,O. 1990. , BY.LA W read a fIrst time this day of 2001 BY-LAW read a second time this day of 2001 BY.LA W read a third time and fInally passed this day of 2001 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 652 ATTACHMENT 2 This is Schedule "A" to By-law 2001- , passed this day of . 2001 A.D. SOU'lJI SERt?'CE Rato N79'56'OO"W N58'50'50"W 22.94 ---; 306.99 -./ l" 1")0 I").!" '00 O>c--I ~h.. ~ z LOT 27 BROKEN FRONT CONCESSION l" 000 r---P 'V c--II") ~~ ~ ~ ~ ~ 19 ~ ZONING CHANGE FROM "(H)M2" TO "M2" John Mutton, Mayor DARLINGTON l" 1")0 an.1") 'c--I VI") ~r-.. ~ z l" c--Io an:d' . U) VI") ~r-.. ~ z N72'33'45"E 319.57 o 50 100m ~--- , 1DOmB0604020 0 Patti L. Barrie. Municipal Clerk z o Vi '" '" " z o " 'Z o e: i!i '" fi1 CD 653 t