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Home My WebLink AboutPD-66-94Meeting: General Purpose and Administration Committee File ## J i J ► ' ° (/4 -,c) Date: Monday, June 20, 1994 Res. # LLPG - 199 - ?"1 Report #: PD -66 -94 File #: DEV 94 -018 By-Law # - %lv %�- i1-7 Subject: REMOVAL OF HOLDING SYMBOL & EXEMPTION FROM PART LOT CONTROL FRIDEL LTD. PART LOT 31, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 94 -018 (PLAN 40M -1763) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -66 -94 be received; 2. THAT the request received by Fridel Ltd., for removal of Part Lot Control on Lots 1 to 5 inclusive and Blocks 6 to 8 inclusive on Plan 40M -1763 be APPROVED; 3. THAT the request for the removal of the Holding (H) symbol on Lots 1 to 5 inclusive and Blocks 6 to 8 inclusive on Plan 40M- 1763 be APPROVED; 4. THAT the attached By -law be approved and forwarded to the Regional Municipality of Durham pursuant to Section 50(7) of the Planning Act; and 5. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. BACKGROUND 1.1 Registered Plan of Subdivision 40M -1763 is located in Part Lot 31, Concession 2 in the former Township of Darlington. 1.2 On June 1, 1994, the Planning and Development Department received a request from Fridel Ltd. for removal of Part Lot Control in respect of Lots 1 to 5 inclusive and Blocks 6 to 8 inclusive on Plan 40M -1763. 1.3 The removal of Part Lot Control would facilitate the construction of semi - detached /link units on the above noted lots PPAPERL ECY1L LE TH6 � PR WED CN RECYCLED PAPER REPORT NO. PD -66 -94 PAGE 2 and townhouse units on the above noted blocks. This process will enable these lots to be divided and resurveyed after the dwelling foundations are in place. 1.4 For the Committee's information, there is an existing Subdivision Agreement in place to cover the Municipality's financial interest including the payment of parkland dedication and lot levies. In addition, although Part Lot Control is being removed from Block 8, this Block does not have sufficient frontage or lot area to qualify for a building permit and must develop with the southerly abutting lands as noted in the Subdivision Agreement. 2. STAFF COMMENTS 2.1 Staff would 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 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. This By -law requires the approval of Council and the Regional Municipality of Durham. 2.3 Once all of the dwellings are erected and conveyed, Staff will prepare another By -law repealing this By -law in order to restore Part Lot Control to the subject lands in accordance with the Planning Act. 2.4 In addition, Staff advise for the Committee's information, that the Holding (H) symbol can be removed by Council upon Council being satisfied that the uses to be permitted will be adequately serviced, have adequate access and will be used for the purposes intended by the by -law. In reviewing the proposal, Staff are satisfied that the conditions of removal of the Holding (H) symbol have been met. Ali ....3 REPORT NO. PD -66 -94 PAGE 3 2.5 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, Reviewed by, Franklin Wu, M.C.I.P.� W. H. Stockwell Director of Planning Chief Administrative and Development Officer "1./U3a Eze'P Attachment # 1 - Lots Affected by Part Lot Control June 10, 1994 Interested persons to be notified of Council and Committee's decision: Fridel Ltd. P.O. Box 11 OSHAWA, Ontario L1H 7K8 _• t- 1 ,- - - - --1 L4 1 21 1 Z ----- L4 mJI z rn m II O zo STRATHALLAN co c a) 'n r 0 0 r') 0 ED 0 xis I N l0 I CD -1— co "I E 26 DRIVE II ICI 1-01 Ixl II 0 ICI N 4 ®M -1 763 LOTS AFFECTED BY PART LOT CONTROL THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 94- 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. 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 (R1)" "Holding - Urban Residential Type Three ((H)R3)" to "Urban.Residential Type Three (113)" all 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 1994. BY -LAW read a second time this day of 1994. BY -LAW read a third time and finally passed this day of 1994. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 94- being a By -law to designate a certain portion of Registered Plan 40M -1763 as not 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 1 to 5 inclusive on Plan 40M 1763 registered at the Land Registry Office for the Registry Division of Durham (No. 40). 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 this 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 lots. i) Lots 1 to 5 inclusive on Plan 40M -1763 ii) Block 6 to 8 inclusive on Plan 40M -1763 BY -LAW read a first time this day of BY -LAW read a second time this day of BY -LAW read a third time and finally passed this 1994. 1994. day of 1994. MAYOR CLERK This is Schedule "A" to By-law • pad •a 1.994 A r -- Ir x I I " I R I I I H m m Ik I - - - - - -I a I � o I i It i I I I i I i I i d I 5 I I i I - I I ®ZONING CHANGE FROM '(H)RI'TO'RI' DRIVE I I " I I _ I Fri I It L% I I I 1111111 /1411, ��11w 1111�� 11�411,�1� ��i110�i141i 1,111.1 A: VBLOCK 26 r -- Ir x I I " I R I I I H m m Ik I - - - - - -I a I � o I i It i I I I i I i I i d I 5 I I i I - I I ®ZONING CHANGE FROM '(H)RI'TO'RI' DRIVE I I LOT 31, CONCESSION 2 COURTICE — 6 ZONING CHANGE FROM '(H) R3' TO' R 3' z� U " I I _ I I I I N •'RI•iP LIII }T �SJR' f�.J ' A II I °I 151 Ixl II ° R Iii II LOT 31, CONCESSION 2 COURTICE — 6 ZONING CHANGE FROM '(H) R3' TO' R 3' z� U