HomeMy WebLinkAboutPSD-024-04
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REPORT 112
Cl~mglOn
REPORT
PLANNING SERVICES
Meeting:
COUNCIL
Date:
Monday, March 1, 2004
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By-law #:
Report #:
PSD-024-04
File #: PLN 8.6.6
Subject:
SOUTH COURTICE BUSINESS PARK STUDY
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Council pass the Interim Control By-law contained in Attachment 1 to this
report; and,
2. THAT notice of passing of the Interim Control By-law be given in accordance with
Subsection 38(3) of the Planning Act, R.S.O. 1990, C.P. 13, as amended.
Submitted by:
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Reviewed by: -) v"..A...... (/ --,' Co,. -t'L
Franklin Wu
Chief Administrative Officer
vi . Crome, M.C.I.P.,R.P.P.
Director, Planning Services
RH*CP*DC*ld
17 February 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623..0830
REPORT NO.: PSD-024-04
PAGE 2
1. Council has authorized staff to undertake the South Courtice Business Park
Study. The general purpose of this study is outlined in Report PSD-023-04. Due
to the high level of interest in these lands, the existing zoning which does not
conform with the Municipality's Official Plan, and the potential for changes to the
Official Plan, it is recommended that the Municipality enact an Interim Control By-
law for the lands which are the subject of the Study.
2. Section 38 of the Planning Act authorizes Council to pass an Interim Control By-
law where it has directed that a review or study be undertaken in respect of land
use planning policies in the Municipality or in any defined area or areas. An
Interim Control By-law permits a municipality to temporarily limit development in
the area to which it applies so that the review or study of land use planning
policies will not be constrained or compromised by the establishment of new
development in the area in question. In effect, an Interim Control By-law allows
the municipality an opportunity to rethink its land use planning policies in the area
concerned by suspending development that may conflict with any new policy.
The limited period of time during which an Interim Control By-law may remain in
effect must be specified in the by-law and cannot exceed one year from the date
of its passing. Council may extend this period of time for one additional year.
3. Affected persons have a right of appeal to the Ontario Municipal Board from the
passing of an Interim Control By-law. Also, as in the case of a zoning by-law,
non-conforming uses and buildings are protected from the operation of an Interim
Control By-law and will continue as lawful uses and buildings during the effective
period of the Interim Control By-law.
4. On expiry or repeal of an Interim Control By-law, if Council has not passed a new
zoning by-law or amended its present by-law, the provisions of the zoning by-law
that were suspended will again come into force and effect.
5. An Interim Control By-law applicable to the South Courtice Business Park Study
Area should be passed by Council effective for a one year period. This will allow
the Municipality the necessary opportunity to proceed with the Study described in
Report PSD-023-04.
6. The only uses that may be established under the recommended Interim Control
By-law are a bank or financial office or a private club. In order to protect the long
term interests of the Municipality, it is recommended that Council pass an Interim
Control By-law, as contained in Attachment 1 .
Attachments:
Attachment 1 -Interim Control By-law
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2004-_
ATTACHMEHT 1
being an Interim Control By-Law passed pursuant to Section 38 of the Planning Act,
R.S,O. 1990, c.P.13, as amended
WHEREAS Staff prepared Report PSD-023-04 identifying the need to undertake a review
or study of the land use plannin9 policies respectin9 an area shown as "Lands To Which
This By-law Applies" shown on the map contained in Schedule "A" hereto, and
recommending that the review or study of land use planning policies be undertaken;
WHEREAS at its meeting on March 1,2004, Council directed Staff to undertake the review
or study of land use planning policies for the area shown as "Lands To Which This By-law
Applies" on the map contained in Schedule "A" hereto;
WHEREAS Council deems it expedient to pass an Interim Control By-law under Section
38 of the Planning Act, R.S.O. 1990, c.P.13, as amended applicable to the area shown as
the "Lands To Which This By-law Applies" on the map contained in Schedule "A" hereto
NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington
hereby enacts as follows:
1. The use of land, buildings, or structures located within the area shown as "Lands
To Which This By-law Applies" on the map contained in Schedule "A" attached to
and forming part of this By,law, is prohibited, except a use for one or more of the
following purposes if permitted by By-law No. 84-63, as amended, on the day
immediately prior to the date of passing of this By-law:
. A bank or financial office;
. A private club;
provided that the regulations applicable thereto contained in the aforesaid By-law
No. 84-63, as amended, are complied with, and provided further that the terms
"bank or financial office" and "private club" have the same meaning that the terms
have in the aforesaid By-law No. 84-63, as amended, on the day immediately prior
to the date of passing of this By,law.
2. This By-law shall not prevent the Corporation of the Regional Municipality of
Durham from erecting or constructing any buildings, structures, or roadways
associated with the future water pollution control facility located south of the "Lands
To Which This By-law Applies" on the map contained in Schedule "A" attached to
and forming part of this By-law.
3. This By-Law shall come into effect for a period of one (1) year from the date of
passing of ~.
BY-LAW read a first time this 1" day of March 2004
BY-LAW read a second time this 1" day of March 2004
BY-LAW read a third time and finally passed this 1" day of March 2004
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
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LAKE ONTARIO
Schedule "A"
To Interim Control By-law 2004-
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SOUTH SERVICE ROAD
HIGHWAY 401
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~ Lands to Which This By-law Applies
South Courtice Business Park
GFIGlCOMMUNITY PLANNINGIRICHARD/COURTlCE EMPLOYMENT AREAIINTERIM CONTROi.. BY-LAW