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HomeMy WebLinkAboutPSD-004-03 . ,,~ Cl!Jl-!lJglon REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 6,2003 jJ/V ('/'ll--co;;:-o 3 By-law #: J-DO 3-0( Report #: PSD-004-03 File #: ZBA 2002-037 Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: 1317870 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-004-03 be received; 2. THAT the application submitted by 1317870 Ontario Limited to remove the Holding (H) symbol be APPROVED; 3. THAT the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: a U. Creme, M.C.I.P.,R.P.P. Director, Planning Services Reviewed by: Z) 0- ~--:, ~ . Franklin Wu Chief Administrative Officer SA*DC*df 9 December 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 622 REPORT NO.: PSD-004-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 1317870 Ontario Limited 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding-Urban Residential Type One ((H) R1)" to "Urban Residential Type One (R1)". 1.3 Location: Part Lot 31, Concession 3, former Township of Darlington (Attachment 1). 2.0 BACKGROUND 2.1 On December 5, 2002, Staff received a request from 1317870 Ontario Limited (Mark Foley) for the removal of the "Holding (H)" provision from four residential properties on Trulls Road in Courtice. Attachment 1 shows the location of the lots currently zoned "Holding-Urban Residential Type One ((H) R1 )". 2.2 The four lots were created from two existing residential lots through the severance process by applications LD 300/2000, LD 301/2000 and LD 302/2000. 3.0 STAFF COMMENTS 3.1 The subject property is presently zoned "Holding-Urban Residential Type One ((H)R1)". The provisions of the Zoning By-law allow for the removal of the "Holding (H)" symbol, by By-law, upon Council being satisfied that the uses to be permitted will be adequately serviced, have appropriate access, and will be used for the purposes intended by the By-law. 3.2 It is noted that pursuant to Section 36 of the Planning Act, a by-law amendment to remove the "Holding (H)" symbol is not subject to the normal appeal period afforded to a standard rezoning application, and accordingly, shall be deemed final and binding should Council grant approval of same. 623 '- REPORT NO.: PSD-004.03 PAGE 3 3.3 The applicant is nearing completion of the land division process having fulfilled all the requirements of the Municipality of Clarington for the land division. Subsequently, Staff is recommending the Holding symbol be removed at this time to facilitate development at the site. 4.0 RECOMMENDATIONS 4.1 In considerations of the comments noted above approval of the removal of the "Holding (H) symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding (H) Interested parties to be notified of Council's decision: 1317870 Ontario Limited c/o Mark Foley 319 College Avenue P.O. Box 11 Oshawa, ON L 1 H 7K8 624 . ATTACHMENT NO.1 I ~ t \ I . I ~ ~ /PART ~ PLAN /DR - JJ9st; iN PIN 2670<9 0336 IV) IV) ~ " """ "'... N70'JO'20"~ ... .. -+ 40.538 J.O<lollIPLNUl',wsQ 5.182 f-.. . . i 0 . 0 ;;; -.J PART !E a .. . <:( N70"JO'ZO"'E 40.538 ~ . q 0 , Q: i , . . 0 . 1,f'1>~1 ~ ~ ~ ., . ~ I~ ~ " . ~ k PART " " 0 2 ~ . . f " l'! " ~ . (J) . ~ 0 " ....J ~ " '" ... . 0 :5 " 1 ~ Q: ~ N70"JO'ZO"f "0.538 . ~ f-. . 0 ~ -........ f-.. ~ I~ ~ , Q: lJJ ! III ~ <:( PART :3 " () ~ Q f " 0' ~ I . 0 . I (f) II ~ q; "10.538 i f ~09" ~ I ~ ~ ~ ~ , ~ ~ 0 ~ PART 4 ~ ... ... q 40.538 .... .... "" I"I'AH/aU,SQ --r--- f~ IMSCll -fi- .. "".7?O lP\..AH/fc<<n "'... "'... " NO """ E .: I "-J 0 " LOTi ~ 0 " 8Iot*43,PNp . ~ I 0 I ; ~ :::! . ~ ~ . ~ ~ LOT I 0 c ~ ::901 0 0 ~i ~ ~..... 3 ~~ 2 . ~ il 6 ' tr) ~ ~~ . ~ " , I 15lt ~e Courtlce Key Map ~ ZBA 2002.Q37 Zoning By-law Amendment ~ Owner: 1317870 Ontario Limited (Mark Foley) ~ 625 ATTACHMENT NO.2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of 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 Corporation of the former Town of Newcastle to implement ZBA 2002-037; 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 chan9ing the zone designation from: "Holding-Urban Residential Type One ((H)R1)" to "Urban Residential Type One (R1)" 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2003 BY-LAW read a second time this day of 2003 BY-LAW read a third time and finally passed this day of 2003 John Mutton, Mayor Patti L. Barrie. Municipal Clerk 626 ., I" This is Schedule "A" to By-law 2003- passed this day of .2003 A.D. I I~ I \ '-J.... I I 'j I I::: \ , ," 11-' I ~ 1 - - - "'... aI. ~"" _ 0'" '" " ,- . .' ------ 0 PART 0 , ..' 1 G. , C PART , ,i , j i , --- o '" o G u '" o u ~-~.- -~ >- " "1: PART .3 Q l l ___ . ~ , - . , ~ f~'~ PART 4 TT r , i I hl! I . ! ~ ~I= .' ->-n ".. x; I I ~ ~ : ~ I i , ~ I ii' i -con 3 11 ~OT1~ D Zoning Change From "(H)R1" To "R1" ! . , i " ~ Q '" 0 " ~ ~ to 0 " .... :5 , ~ go i " ~ '" ~ q I ; ~ 0 ~ oj q '. "'''''...- , John ~utton, MO}lor Patti l. Barrie, Municipal Clerk Lot 31 Lot 30 JImR. 627 ! 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