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HomeMy WebLinkAboutPD-25-97DN:weo_PH5.GPATHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File WIL4L, , ^ O05_� Date: Monday, February 17, 1997 Res. #� Report #: PD -25 -97 File #: DEV 96 -007 By -law # Subject: REMOVAL OF HOLDING SYMBOL & PART LOT CONTROL APPLICANT: KELVIN WHALEN ON BEHALF OF WEST BOWMANVILLE DEV. LTD. (ASPEN SPRINGS - PHASE FIVE) 40M -1864 PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON REMMINGTON AND BOTTRELL STREETS, BOWMANVILLE FILE: DEV 97 -007 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -25 -97 be received; 2. THAT the request submitted by West Bowmanville Developments Ltd. for removal of part lot control with respect to Lots 18, 19 and 20 on Plan 40M -1864 be APPROVED; 3. THAT the attached Part Lot Control By -law be APPROVED and forwarded to Durham Region pursuant to Section 50 (7) of the Planning Act, R.S.O. 1990, as amended; 4. THAT the rezoning application submitted by West Bowmanville Developments Ltd. requesting the removal of the Holding (H) symbol for Lots 1 to 21 all inclusive on Plan 40M -1864 be APPROVED; 5. THAT the attached Amendment to Zoning By -law 84 -63 be APPROVED; and 6. THAT all interested parties listed in this report and any delegation be advised of Council's decision. G =7 TO N ?I7 1.1 Registered Plan of Subdivision 40M -1864 is located in Part Lot 16, Concession 1, former Township of Darlington and is Phase 5 of Registered Plan of Subdivision 18T -88046 (Aspen Springs). WE PAGE 2 1.2 On January 28, 1997, Staff received an application from West Bowmanville Developments Ltd. for the removal of Part Lot Control in respect of Lots 18, 19 and 20 on Plan 40M -1864. 1.3 The removal of Part Lot Control would facilitate the construction of semi- detached /link units by enabling the lots to be divided and re- surveyed after dwelling foundations are in place. 1.4 For the Committee's information, since the above noted lots are located in a Registered Plan of Subdivision, there is an existing agreement in place to cover the Municipality's financial interest including the payment of parkland dedication and lot levies. 1.5 In addition, the removal of the Holding (H) symbol will facilitate the issuance of building permits for all of the approved lots within Plan 40M -1864, which is part of Registered Plan of Subdivision 18T- 88046, Phase 5. 2. STAFF COMMENTS 2.1 Staff have no objection to the approval of a By -law exempting the subject lands from Part Lot Control. 2.2 Attached hereto is a By -law (see Attachment No. 2) to exempt the subject lands from Section 50 (5) of the Planning Act pursuant to the provisions of Section 50 (7) of the Planning Act. The Part Lot Control By -law requires the approval of Council and the Regional Municipality of Durham. 2.3 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By -law may provide a specified timeframe during which the By -law shall be in force. As a result, following the expiration of the By -law, it is not necessary for Staff to prepare a second By -law to restore Part Lot Control on the subject lands. The 615 PAGE 3 Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By -law shall apply. After reviewing the application, Staff have recommended that the By -law be in force for a five (5) year period following Council approval, ending February 24, 2002. 2.4 In addition, Staff advise that the Holding (H) Symbol may be removed upon Council being satisfied that the uses to be permitted will be adequately serviced, have adequate access and will be used for purposes intended by the By -law. In reviewing the proposal, Staff are satisfied that the conditions required for the removal of holding have been met. 2.5 Given the above comments, Staff would have no objection to the removal of the Holding (H) Symbol as shown on the attached By -law and Schedule (see Attachment No.s 4 and 5, respectively). Respectfully submitted, e F Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development Reviewed by, W.H. Stockwell Chief Administrative Officer BR *LT *FW *df 6 February 1997 Attachment #1: Site Location Key Map Attachment #2: Part Lot Control By -law Attachment #3: Lots Affected by Part Lot Control Attachment #4: Zoning By -law Amendment Attachment #5: Schedule 'A' to Zoning By -law Amendment Interested parties to be notified of Council and Committee's decision: Kelvin Whalen West Bowmanville Developments Ltd. 1029 McNicoll Avenue Scarborough, Ontario M1 W 3W6 HE ATTACHMENT #1 ATTACHMENT #2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 97- being a By -law to designate a certain portion of Registered Plan 40M -1864 as not being subject to Part Lot Control. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lots 18, 19 and 20 in Plan 40M -1864 registered at the Land Titles Division of Durham; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT Subsection (5) of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By -law. 2. THAT this By -law shall come into effect upon being approved by the Regional Municipality of Durham and thereafter Subsection (5) of Section 50 shall cease to apply to the following lands: a) Lots 18, 19 and 20 in Plan 40M -1864, Municipality of Clarington, Regional Municipality of Durham, 3. Pursuant to Subsection 73 of Section 50 of the Planning Act, this By -law shall be in force for a period of five (5) years ending on February 24, 2002. 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 • e 1997. MAYOR CLERK ATTACHMENT #3 21 L.: REMMINGTON �WSVWWAAN% kL11jj 10 Ill 112 113 114 BOTTRELL STREET m = 00 ©w 15 11 \6 3\2 1 DEV. 97 -007 , 40M -1864 LOTS AFFECTED BY PART LOT CONTROL 619 ATTACHMENT #4 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 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 in accordance with application DEV 97 -007; 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)R1)" to "Urban Residential Type One (R1)" "Holding -Urban Residential Type Two ((H)R2)" to "Urban Residential Type Two (R2)" as shown 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 BY -LAW read a second time this day of 1997. 1997. BY -LAW read a third time and finally passed this day of 620 1997. MAYOR CLERK This is Schedule A to By—law 97— passed this day of 9 1997 A.D. Mayor LOT 16 , CONCESSION 1 REMMINGTON BOTTRELL STREET ZONING CHANGE FROM "(H)R1" TO "R1" ZONING CHANGE FROM "(H)R2!' TO "RZ am ZONING T0 REMAIN ^(H)R2^ Clerk ATTACHMENT #5 O�| � '� 1