The URL can be used to link to this page

Home My WebLink AboutPD-68-98- DN: PD-68-96 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File #~1y~eO.~J~.03 f Date: Monday, June 8, 1998 Res. #~P~ - 3S j-~~ Report #: PD-68-98 FILE #: DEV 98-031 (X-REF: 18T-88046) By-law # ~~$ Subject: APPLICATION FOR REMOVAL OF "HOLDING (H)" SYMBOL APPLICANT: WEST BOWMANVILLE DEVELOPMENT CORP. PART LOT 15, CONC. 1, FORMER TOWNSHIP OF DARLINGTON FILE NO.: DEV 98-031 (X-REF: 18T-88046) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-68-98 be received ; 2. THAT rezoning application DEV 98-031 submitted by West Bowmanville Development Corp. requesting the removal of the "Holding (H)" symbol from the subject lands be APPROVED; 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 Region 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 Applicant: West Bowmanville Development Corp. 1.2 Rezoning: Removal of "Holding (H)" symbol 2. BACKGROUND 2.1 In May 1998, an application was received by the Municipality of Clarington Planning and Development Department requesting removal of the "Holding (H)" provision from Blocks 91 and 92 of 40M-1816. These two blocks together with 642 REPORT NO.: PD-68-98 PAGE2 land parcels created through consent applications LD 190/97 and 191/97, allow for the creation of two semi-detached/linked lots on Abernethy Crescent. The subject lands are located in Part Lot 15, Concession 1, formerTownship of Darlington. The two (2) semi-detached/linked lots (4 units), are recognized as lots 409 and 410 on Draft Approved Plan of Subdivision 18T-88046, and will be municipally known as 31, 33, 35 and 37 Abernethy Crescent (See Attachment No. 1). 2.2 The two blocks, 91 and 92 of 40M-1816, were lands retained by the applicant to be developed with adjacent lands as part of the approval of plan of subdivision 18T- 88046. Consent applications, LD 190/97 to LD 193/97 inclusive severed a triangular shaped parcel of land from the neighbouring land owner to the west. These severances provided the additional lands necessary to complete the two lots subject to the removal of holding application, as well as lands required to complete the lotting on the west side of Abernethy Crescent. On April 14, 1998, Council approved a report to amend Draft Approval for 18T-88046 to include the lands severed through the consent process within the limits of the draft plan of subdivision (See Attachment No. 2). 3. COMMENTS 3.1 Lots 409 and 410 are presently zoned "Urban Residential Type One (R1)" and "Holding -Urban Residential Type One ((H)R1)". The "(H)R1"zone impacts the majority of lot 410 and a small triangle of lot 409. The "Holding (H)" symbol, may be removed 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 removal of holding was a condition of the draft approval for 18T-88046. The applicant has satisfied all other conditions of both the related consent applications, and the subdivision agreement. Servicing for the subject lots was included in the original construction of Abernethy Crescent. 643 REPORT NO.: PD-68-98 PAGE 3 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. RECOMMENDATION 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. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development Reviewed by, ~~~~~~ W.H. Stockwell, Chief Administrative Officer. CP*FW*cc May 27, 1998 Attachment No. 1 - Key Map Attachment No. 2 - Revised Plan of Subdivision 18T-88046 Attachment No. 3 - Zoning Amendment Interested parties to be notified of Council and Committee's decision: West Bowmanville Developments Inc 1029 McNicoll Avenue Scarborough, Ontario M1W 3W6 644 SUBJECT SITE LOT 16 LOT 15 P ~~~~~~ o~NE VP~~~ GS ~ , ~ ~ P~P~~ Py SPRY ~~ ~-- ---= G _ Y ~~' ~~ ~ Z I \ - -- ~ ~ ~- _~ ~Q ~ - ~ _- j Q' ~ ~ J-- W ~- - ~~~- ~ v - - 1 - - T ~\ r i, O '~ ,~ w ' ~' ~, A ~~~ ,. Z / ~ ~ LLJ w - U w - - ,,~ ~ ~ ,1' Oz ~~ - U '~~ ,A ~ ~ - - -J ~ _ _ - i ;~ T ~~ -' - i '%~ ~- BASELINE ROAD I' ~ ~ , -r- BOWMANVILLE D E V. 98-03 y KEY MAP 6 4 5 ATTACHMENT NO. 1 ~ ~~ ~ }gg ~z ppyy~~55~~ ~ $E~ c° P yy g£ O OpQN ~ ~ ~ p~ ~e3~Kddde-l eli~l~ .Fdd~I~ ~°^~~~~I~ wm~~ p8~1~ s ~ °i ~ C ,N ~ ~ On. O~ ~K FF~~ o ICU ~~~K~~SN~~~Ig ~~~~I~ ~°~~~~I9 0~~ BON o ~ o ro I~+~ ~ ~ I I ~ ~~ ~ ~ °J t ~ I ~ ~~`~ ~3~9~ ~ ~ ~ : _ ~ i e ~ l ~ ~ I ~ I ~ gem Ego ~'- ~ ~ ~ ~ ~~ ~ ~~. ~ ~ ~o~ „~~~ ' v~~tn ca~a ~ ! ~ e~~; ~ ~ ~ ~~ Z <~ 6 ~ dddy O ~~ mzzt ^.az.izelN ~ ~~ ~~~.E ~~ i ~ ~o~a~ v ~~~b o ~~~~~~~ ~ ~~m ~ ~~Na~g M v V V v a t µ~< M N y5t9"i n! I O z O 2 s°° ~ m ~ ~ N ~ N W •' p e zn d' MJ Q _` ~ • • +0.0 ~• ! °DI (Q U ~ ~w e ~ • ~ y N N ~OJ~ ~F a 4i [-d'WtV ? • ~ • • • N `b cic o • p . • . ~Y: • N 4 'N .^. ': ~•m •.'.~• @ N po ~A. ro N 5?E o'Yll y N • N ~ {~ N ~ ~o ~ YyH trP ~ °8 N °d N F G N N ^ ` N~ ~ ~ y ~.~{ ai~~ ~° Q yN~ N Sl? o ^ N N N R m I ° ~ L N pp~ ~. II io ^ N N E F ~ £ °° ~ b N ° s W Y N '~ .+ a ` ~ q a ~ ~ N ~ N N ~ N N a ~ N Y N !~ ° °!h N Mo G N °: ~ Q E d H N N °> N N H °Y , 9 ~ N N i ° o ,~ e d N ya m ~ f c~ _ ~ N f ~ °th ~ N N y l{~ ' ¢t ' ' N N l °D CiL N ~~ U 5 N r ~ N N N N ~ °~ V Y ~ N ~ ~ O= C I) (i O N . N N ~y ~S V i n ~~ N ~ w N t S °~ o M N 1].e N N two f0 fN0 m N N N ee N )5. sYC `g ~ ~ cYY h N N N N re? '~' ~'~ ` (~ ~ N N - N oxi oZi oci +~~~ aP NA 'N U ~p Mj N 8 1332i1S Y 4 d x N M '~ +i' Sp° vs +» 11] ~ n ? N ¢o ~zo uo ian iz.o ue of ec oxi oxi O a V ~» +5~ N N ~ _ ~ y~ ~ b fN0 f0' 2 b N h N N fp In ~ ~ IlJ N iA V.5 ~ SYC ~ A 10 7i r ~ ~ fA ~ d ~ 11 5 ~ ~ G tl _ 0 . N YS3tl W'o cavt • a~.sul x ATTACHMENT N0.2 - 646 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- 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 84-63, as amended, of the Corporation of the former Town of Newcastle to implement DEV 98-031. 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-Urban Residential Type One ((H)Rl) Zone" to "Urban Residential Type One (R1) Zone', 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 Sections 34 and 36 of the Planning Act. BY-LAW read a firsttime this day of 7998, BY-LAW read a second time this day of 799g. BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK 647 This is Schedule "A" to By-law 98- , passed this day of , 1998 A.D. LOT 15 2\ ~s S >~~ r ZONING CHANGE FROM "(H)R1" TO "R1" Mayor Clerk LOT 16 LOT 15 i~ P~~~o ~ aa~uE ' ~~. pV SPRINGS ~ ` o! ~;~,I CJ - ~ ~ ~$ ,, w _ U z I~ W ¢ =1 "d Z cv ~ ~ O i N / ~ BOWMANVILLE anseuNE ROAD ~~ II ~L3 /0~ ~ J