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HomeMy WebLinkAboutPSD-024-04 . , , , REPORT 112 Cl~mglOn REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, March 1, 2004 lJ(... I' [I..:) 'C, tf y'... :_" -c--> c . ~- 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: '\ 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 . . . LAKE ONTARIO Schedule "A" To Interim Control By-law 2004- ~ II SOUTH SERVICE ROAD HIGHWAY 401 o <( o '" w z '" ::> o CD (f) o o ~ '" <( Z ...J o "' " ~ Lands to Which This By-law Applies South Courtice Business Park GFIGlCOMMUNITY PLANNINGIRICHARD/COURTlCE EMPLOYMENT AREAIINTERIM CONTROi.. BY-LAW