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Home My WebLink AboutPD-121-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: HOLDING.GPA PORT Meeting: General Purpose and Administration Committee File # 0�� Date: Monday, September 8, 1997 Res. #J�_ l Report #: PD- 121 -97 File #: DEV 97 -031 By -law #% Subject: REMOVAL OF "HOLDING (H)" SYMBOL APPLICANT: LARRY YANCH ON BEHALF OF ARCHIBALD MUIR PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 97 -031 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 121 -96 be received; 2. THAT application to amend the Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle, as amended, submitted by Larry Yanch on behalf of Archibald Muir for the removal of the "Holding (H)" symbol from the subject lands be APPROVED; 3. THAT Council authorize the Mayor and Clerk to execute a by -law to amend By -law 84 -63 being the Municipality's Comprehensive Zoning By -law to remove a holding symbol allowing DEV 97 -031; and 4. THAT the Region of Durham Planning Department and all interested parties in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Larry Yanch 1.2 Agent: Archibald Muir 1.3 Rezoning: From: "Holding Urban Residential Type One ((H)R1)" To: "Urban Residential Type One (131)" 1.4 Area: 341.1 m2 U t% 1 REPORT NO. PD-121-97 PAGE 19 2.1 The subject property is located Part Lot 29, Concession 2, former Township of Darlington. The parcel subject to the rezoning application represents the north west corner of a larger vacant parcel. The three blocks within this corner represent the remainder of land needed to complete 3 building lots on the south side of Avondale Drive across from Brownstone Crescent (refer to Attachment #1). 3. BACKGROUND 3.1 On May 6, 1997 an application to rezone the subject land was submitted. The application is to remove the holding symbol to allow for the creation of 3 new residential lots. 3.2 Currently, an application has been made to the Land Division Committee (LD 159/97 to LD 162/97, inclusive) to create three residential lots. On June 9, 1997, the Land Division Committee heard the applications and approved them subject to the applicant satisfying the conditions. The Holding Symbol can be removed prior to creation of the lots. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Vacant 4.2 Surrounding Uses: East - residential West - residential South - vacant North - residential 5. OFFICIAL PLAN POLICIES 5.1 The subject lands are designated "Living Area" in the Durham Region Official Plan and "Urban Residential in the Clarington Official Plan. The proposed use of residential conforms with the policies of both these plans. +J 1 REPORT NO. PD- 121 -97 PAGE 3 6. ZONING BY -LAW PROVISIONS 6.1 Within the Comprehensive Zoning By -law of the former Town of Newcastle 84 -63, as amended, the lands are zoned "Holding - Urban Residential Type One (111) ". The "Holding Symbol" can only be removed once all servicing and planning concerns have been addressed. Upon creation of the lots through the Land Division process, the residential development of these lands can proceed. 7. AGENCY COMMENTS 7.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. All department and agencies circulated offered no objection to the application. 8. STAFF COMMENTS 8.1 Staff have no objection to the removal of the holding symbol from the subject lands. The lands possess the needed Official Plan designation to facilitate the development. The applicant has received land division approval to create the lots and it is now the applicant's responsibility to clear these conditions. 8.2 Staff note that the provisions of Removal of Holding in the Planning Act does not allow for appeal. 9. CONCLUSION 9.1 Staff recommend that the application be approved and the by -law passed. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development HB *FW *cc W. H. Stockwell Chief Administrative Officer REPORT NO. PD- 121 -97 Attachment #1 - Key Map Attachment #2 - By-law August 20, 1997 Interested parties to be notified of Council and Committee's decision: Archibald Muir 2470 Courtice Road Courtice, Ontario Li E 2MB Larry Yanch Box 154 63 King Street East Oshawa, Ontario L1 H 71_1 Chris Milne Jeffrey Homes 58 Rossland Road West Oshawa, Ontario Li G 2V5 6990U PAGE 4 9 I ATTACHMENT #1 Of 0 0 2 7 t6l IP 6 T c\l fL M OD LL. OF 107 oz liti a w w > OLI w (f) w m 0 < z (L W < z w m 6e 107 699002 03 ti Jz O N 0 E " N s + — co a? w —j ti N W K) : w X Q (n w .< m a w a. a. (L (L ww :5 699002 03 ti Jz O THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 97- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Corporation of the 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 former Town of Newcastle. 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 category from: "Holding - Urban Residential Type One ((H)R1)" to "Urban Residential Type One (Rl)" as indicated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By -law. 3. THAT this By -law shall come into effect on the date of the passing thereof, subject to the provisions of Section 36 of the Planning Act. BY -LAW read a first time this day of 1997• BY -LAW read a second time this day of 1997• BY -LAW read a third time and finally passed this day of 1997. MAYOR CLERK 699003 699 004 This is Schedule "A" to By —law 97— , passed this day of 1997 A.D. LOT 30 LOT 29 Jk' 6,QO� PJ tij�F OG OQ- N7 22.610 »E ' \—BLOCK 40, 40M -1779 °° �'•h CONCESSION 2 BLOCK 53, 40M -1820 ZONING CHANGE FROM "(H)R1" TO "R1" Mayor Clerk - SUBJECT SITE LOT 30 LOT 29 _ O�tIV Lid L Z - O 1- Q Z W i N O COURTICE 699 004 b �I rib 105 \ . 7 t\ \\170� 0 P a 4 o \ ¢ h co �h \ 0y o 02 sF h ATTACHMENT #1 w N L.. w lye °o a a Ui a dJ J L o P �a,Jb�s `y titi n 10.4 � J P, S� E E E E w m — — co dD h ATTACHMENT #1 w N L.. w lye °o a a Ui a dJ J L o P �a,Jb�s `y titi n 10.4 � J III Ni O J W W m Z O J Q O O CLI Q E E E E E w m — — co m M J N to to — — LO o, W N - z U ttJ N m pw Q W — N M 't Z - � Q F-- F-- 1-- F' • ^ '° vNOi III Ni O J W W m Z O J Q O O CLI Q