The URL can be used to link to this page

Home My WebLink AboutPD-120-95 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN.ASPEN GPA REPORT 61�. i `� T S<3(D4t�3 Meeting- General Purpose and Administration Committee File # Date- Monday, November 6, 1995 Res #G- (0 IJc)- Report #1?p_12g_9 File - By-law # 1!6--1 � Subject: _ A� REMOVAL OF PART LOT CONTROL - REMOVAL OF HOLDING SYMBOL APPLICANT: ASPEN SPRINGS PHASE FOUR WESTSIDE DRIVE/BASELINE ROAD FILE: DEV 95-070 (X-REF: 18T-88046) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-120-95 be received; 2. THAT the request submitted by West Bowmanville Developments Ltd. for removal of part lot control with respect of lots 35 to 45, Lots 52 to 61, Lot 63 and Lots 70 to 80 all inclusive on Plan 40M-1816 be APPROVED; 3. THAT the attached Part Lot Control By-law be APPROVED and forwarded to the Regional Municipality of Durham pursuant to Section 50 (7) of the Planning Act; 4. THAT the zoning amendment application submitted by West Bowmanville Developments Ltd. requesting the removal of the Holding (H) symbol from the subject lands within Part of Lots 15 and 16 in the former Town of Bowmanville be APPROVED; 5. THAT the attached amendment to 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. 1. BACKGROUND 1.1 Registered Plan of Subdivision 40M-1816 is located in Part of Lot 15 & 16, Concession 1, in the former Town of Bowmanville, forming Phase Four of the Aspen Springs development. 1.2 In September of 1995, Staff received a request from West Bowmanville 2 520 REPORT NO. PD-120-95 PAGE 2 Developments Ltd. for the removal of Part Lot Control in respect of Lots 35 to 45, Lots 52 to 61, Lot 63 and Lots 70 to 80 all inclusive on Plan 40M-1816. 1.3 The removal of Part Lot Control would facilitate the construction of semi- detached/link units. The process will enable the lots to be divided and resurveyed 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 Registered Plan of Subdivision 18T-88046. 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 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 7.1 of Section 50 of the Planning Act, the By-law may provide a specified time frame during which the By-law shall be in force. As a I 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 Planning Act 3 521 REPORT NO. PD-120-95 PAGE 3 leaves it to the Municipality to determine an appropriate time frame 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 November 13, 2000. 2.4 In addition, Staff advise for the Committee's information 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 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, 4 s Franklin Wu, M.C.I.P., R.P.P., W. H. Stockwell Director of Planning Chief Administrative and Development Officer WM*FW*cc Attachment # 1 - Key Map October 25, 1995 Interested parties to be notified of Council and Committee's decision: Kelvin Whalen West Bowmanville Developments Ltd. 1029 McNicoll Avenue Scarborough, Ont. M1W 3W6 522 ATTACHMENT #1 EMI SUBJECT SITE LOT16LOT 15 LOT 14 CD LL SPRINGS OR � z o� � o 0 ry z Li � � W � aZ O U � A LI N R A� Hap DEV. 95 - 070 � 523 LOT 16 LOT 15 E IW BONNYCASTLE DRIVE BROD\E Co�RC �y PENFOUND z DRIVE 0 F Ld U Z 0 U BASELINE ROAD 40M - 1816 0 LOTS AFFECTED BY PART LOT CONTROL 524 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 95- being a By-law to designate a certain portion of Registered Plan 40M 1816 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 35 to 45, Lots 52 to 61, Lot 63 and Lots 70 to 80, all inclusive in Plan 40M-1816 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 35 to 45, Lots 52 to 61, Lot 63 and Lots 70 to 80, all inclusive in Plan 40M-1816, Municipality of Clarington, Regional Municipality of Durham. 3. Pursuant to Subsection 7.1 of Section 50 of the Planning Act,this By-law shall be in force for a period of five (5)years ending on November 13, 2000. BY-LAW read a first time this day of 1995. BY-LAW read a second time this day of 1995. BY-LAW read a third time and finally passed this day of 1995. MAYOR CLERK 525 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 95- 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 95-070. 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)Rl)"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 1995. BY-LAW read a second time this day of 1995. BY-LAW read a third time and finally passed this day of 1995. MAYOR CLERK 526 This is Schedule "A" to By-law 95- , passed this day ofi , 1995 A.D. LOT 16 LOT 15 BONNYCASTLE DRIVE BRODIE C� ZONING F ROM D "(H)R1" TCHANGE R1" ® ZONING CHANGE FROM "(H)R2" TO "R2" PENFOUND w 0, DRIVE V GF Z 0 MAYOR CLERK BASELINE ROAD 52