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Home My WebLink AboutPD-84-99 .; THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT e�. Meeting: General Purpose and Administration Committee File#Uq B/ ! e Q Date: Monday,July 5, 1998 Res. Report #: PD-84-99 File #:ZBA 99-026 By-law# �v Subject: APPLICATION FOR REMOVAL OF HOLDING (H) SYMBOL APPLICANT: 535078 ONTARIO LIMITED 18T-97028 PART LOT 31, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE NO.: ZBA 99-026 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following 1. THAT Report PD-84-99 be received; 2. THAT Rezoning Application ZBA 99-026 submitted by 535078 Ontario Limited requesting the removal of the "Holding (H)" symbol from the subject lands be APPROVED as per Attachment No. 2; 3. THAT the amending By-law, attached hereto, be forwarded to Council for approval; 4. THAT a copy of this report and the amending by-law be forwarded to the Regional Municipality of Durham Planning Department; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owner: 535078 Ontario Limited 1.2 Rezoning: Removal of "Holding (H)" symbol 1.3 Draft Plan of Subdivision: To allow the development of draft plan of subdivision 18T-97028 containing ten semi-detached and one single family dwelling lot. 699020 r REPORT PD-84-99 PAGE 2 2. BACKGROUND 2.1 On June 24, 1999 an application was received by the Municipality of Clarington Planning and Development Department requesting removal of the "Holding (H)" symbol from the lands associated Draft Plan of Subdivision 18T-97028. The subject lands are located in Part Lot 31, Concession 2, former Township of Darlington, fronting on the north side of Wade Square, west of Trull's Road. 3. COMMENTS a 3.1 The subject property is presently zoned "Holding — Urban Residential Type One ((H)R1)". 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 The applicant has executed the Subdivision Agreement and is in the process of finalizing the required engineering and financial obligations relative to the issuance of an authorization to commence works under the provisions of the subdivision agreement. 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, Staff would have no objection to the removal of the "Holding .(H)" symbol as shown on the attached by-law and schedule. 699021 REPORT PD-8499 PAGE 3 Respectfully submitted, Reviewed by, Davi ) Cr e, M.C.I.P., R.P.P., Franklin Wu, M.C.I.P., R.P.P. Director-o Director—ol Planning & Development Chief Administrative Officer LDT*DJC*cd June 25, 1999 Attachment No. 1 - Key Map Attachment No. 2 - By-law I Interested parties to be notified of Council and Committee's decision: W.E. Roth Construction Ltd. 1500 Highway No. 2 Suite 203 Courtice, Ontario L1 E 2T5 699022 ATTACHMENT / 1 ® SUBJECT SITE LOT 32 LOT 31 LOT 30 LOT 29 IIIIIII' III II in N o �cN 2 0 P N w U 1 Z O U Hill w af 0 CRES ENT N COURTICE KEY MAP ZBA- 99-026 699u / 3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT l2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 8463, as amended, of the Corporation of the former Town of Newcastle to implement DEV 94015. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding — Urban Residential Type One ((H)R7)" to "Urban Residential Type One (Ri)"as illustrated 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 Section 34 and 36 of the Planning Act. BY-LAW read a first time this 5 day of July 1998. BY-LAW read a second time this 5 day of July 1998. BY-LAW read a third time and finally passed this 5 day of July 1998. MAYOR CLERK 6 990 4 + I This is Schedule"A" to By-law 99 I . y + This is Schedule"A" to By-law 99- , passed this day of , 1999 A.D. LOT 31 , CONCESSION 2 YORKVILLE DRIVE I O ; S E ,t EI SI gl eel 71 a .EI =I +hi ff mvl Isll sl'q ls�lsl 511�'I s+l a: 5{' aAl s5l sal `sli s"I pI SS s�l s4j sr "< _____ . .. T_ s�=W„ 3- J - WADE SQUARE .. —T s L-- . ��----r ®ZONING CHANGE FROM "(H)R1 " TO " (H)R1 $0 Mayor Clerk ® SUBJECT SITE LOT 32 LOT 31 LOT 30 LOT 29 HIGH 1 ..1 N �- Z O LLI 0 Z I� 0 — U w 0 CRES ENT COURTICE - 699u � D y. i � y MESSAGE r � NOTICE OF INTENTION TO PASS AN AMENDING BY-LAW TO REMOVE IN PART THE HOLDING SYMBOL FROM LANDS ZONED BY BY-LAW 84-63 TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington intends to pass an amending by-law under Section 36 of the Planning Act to remove the Holding provision from lands within Part of Lot 31, Concession 1, former Township of Darlington (as shown on the reverse) from "Holding - Urban Residential Type One ((H)Rl)" to "Urban Residential Type One (R1)". Removing the Holding Symbol would permit the development of the first phase of Draft Plan of Subdivision 18T-97028 consisting of 10 semi-detached and 1 single family dwelling unit. The Council of the Corporation of the Municipality of Clarington will consider the proposed amending by-law not earlier than at its General Purpose and Administration Committee Meeting of Monday July 5`', 1999 and consider passing a by-law not earlier than Monday July 5, 1999. ANY PERSON OR AGENCY REPRESENTATIVE may attend the Council meeting at which the amending by-law is considered and/or make written or verbal representation either in support of or in opposition to the proposed by-law. ADDITIONAL INFORMATION relating to the proposed amending by-law is available for inspection between 8:30 a.m. and 4:30 p.m. at the Planning Department, 40 Temperance Street, Bowmanville, Ontario. DATED AT THE MUNICIPALITY OF CLARI THIS 1999 Patti r ie, Cler Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 PLANNING FILE: ZBA 99-026 CLERK'S FILE: