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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Report #:
PD-050-0 1
FILE #: ZBA 2001-001
File # PIt! .z;3Ilc?col-COl
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By-law #5rnk q 2-
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Meeting:
General Purpose and Administration Committee
Date:
Tuesday, May 22, 2001
Subject:
REZONING APPLICATION
APPLICANT: W. E. ROTH CONSTRUCTION LIMITED
PART LOT 16, BROKEN FRONT CONCESSION, FORMER TOWNSHIP
OF DARLINGTON
FILE NO.: ZBA 2001-001
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-050-01 be received;
2. THAT the request for the removal of the "Holding (H)" symbol with respect to site plan
application DEV 97-022 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:
W. E. Roth Construction Limited
1.2
Rezoning:
Removal of "Holding (H)" symbol from "Holding-Light Industrial
((H)Ml) Zone" to "Light Industrial (M!) Zone".
1.3
Location:
Part Lot 16, Broken Front Concession, former Township of Darlington
(Bowmanville). The subject lands would permit the development of 1
industrial building and up to 12 storage unit buildings.
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REPORT NO.: PD-050-01
PAGE 2
2. BACKGROUND
2.1 The applicant submitted a site plan application (DEV 97-022) in 1997 for industrial uses
as shown on Attachment 1. A portion of Darlington Creek bisects the property. Phase I
of the development contains I industrial building on the west side of the creek while
Phase 2 contains up to 12 storage unit buildings on the east side of the creek. The
applicant intends to construct the industrial building this year while a development
timeframe for Phase 2 has not been determined. Although the creek is zoned as
industrial, the buildings will comply with the 30.0 metre setback from the centreline of
Darlington Creek. The development limits to the creek have been determined by CLOCA.
The applicant will dedicate all valley lands to the Municipality free and clear as part of a
Phase I development agreement.
2.2 Staff received a request from W.E. Roth Construction Limited for the removal of the
"Holding (II)" symbol from those lands. Attachment 2 shows the location of the land area
for which the holding symbol will be removed.
3. STAFF COMMENTS
3.1 The subject property is currently zoned "Holding-Light Industrial ((H)Ml)". 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 fmancial 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
610
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REPORT NO.: PD-050-01
PAGE 3
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 for the "Holding (H)"
symbol.
Resp
Reviewed by,
D vi . Crome, M.C.I.P., R.P.P.
Director of Planning & Development
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Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer
10 May 2001
Attachment I - Site Plan
Attachment 2 - By-law for Removal of "Holding (H)" Symbol
Interested parties to be notified of Council and Committee's decision:
W.E. Roth Construction Limited
21 Gladstone Avenue
OSHA W A, Ontario
LlJ 4E3
Bob Annaert
D.G. Biddle & Associates
96 King Street East
OSHA W A, Ontario
LlH 1B6
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ATTACHMENT 1
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2001-
ATTACHMENT 2
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Mnnicipality of Clarington
WHEREAS the Council of the Corporation of the Municipality ofClarington 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 2001-001 to permit the development of 1 industrial building
and up to 12 storage unit buildings;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1, Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from:
"Holding-Light Industrial ((H) Ml) Zone" to "Light Industrial (Ml) Zone" as shown on
the attached Schedule "A" hereto.
2, Schedule "A" attached hereto shall form part of the By-law.
3. This By-law shall come into effect in the date of passing hereof, subject to the provisions
of Sections 34 and 36 of the Planning Act, RS,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
613
.
This is Schedule "A" to By-law 2001- ,
passed this day of ,2001 A.D.
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~ LOT 16
BROKEN FRONT CONCESSION
John Mutton, Moyor
Patti L. Barrie, Municipal Clerk
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LOT 17
LOT 16
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