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HomeMy WebLinkAboutPD-039-01 . !. DN: P039-01 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Report #: PD-039-01 FILE#: ZBA200l-009 File #])/ Lj7f3f}6lXJ/tJD'f Res. #c/I!t217--o/ By-law#;DO/~dq Meeting: General Purpose and Administration Committee Date: Monday,i\pril 23, 2001 Subject: REZONING APPLICATION APPLICANT: MARTHA JEAN PENFOUND PART LOT 33, CONCESSION 2, FORMER TWP. OF DARLINGTON FILE NO.: ZBA 2001-009 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-039-0l be received; 2. THAT the request for the removal of the "Holding (H)" symbol with respect to severance applications LD 035/2000, LD 037/2000 to LD 039/2000 inclusive, and the retained lands be APPROVED; 3. THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department; and 4.. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Martha Jean Penfound 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding-Urban Residential Type One ((H)Rl) Zone" to "Urban Residential Type One (Rl) Zone". 1.3 Location: Part Lot 33, Concession 2, former Township of Darlington (Courtice). The subject lands provide four additional residential lots on the east side of Thornbury Street. 614 , ~ . . REPORT NO.: PD-039-01 PAGE 2 2. BACKGROUND 2.1 On March 28,2001, Staff received a request from Martha Jean Penfound for the removal of the "Holding (H)" symbol from the lands associated with severance applications LD 035/2000, LD 037/2000 to LD 039/2000 inclusive, and the retained lands. Attachment 1 shows the location of the lots for which the holding symbol will be removed. 3. STAFF COMMENTS 3.1 The subject property is currently zoned "Holding -Urban Residential Type One ((H)Rl)". 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 The applicant recently entered into a development agreement for the above-mentioned lots. This agreement addresses all of the Municipality's conditions, financial and otherwise. All applicable securities and financial contributions have been received from the applicant. 3.3 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. 4. RECOMMENDATIONS 4.1 In consideration of the comments noted above, it is recommended that the attached Zoning By-law (Attachment 1) be approved for the removal of the "Holding (H)" symbol. 615 ~ REPORT NO.: PD-039-01 PAGE 3 Respectfully submitted, Reviewed by, o~~ Franklin Wu, M.C.LP., RP.P. Chief Administrative Officer. David. ome, M.C.LP., R.P.P. Director of Planning & Development RH*DC*df 9 April 2001 Attachment 1 - By-law for Removal of "Holding (H)" Symbol Interested parties to be notified of Council and Committee's decision: Martha and Simon Penfound 2320 Prestonvale Road COURTICE, Ontario LIE 2S1 Ronald Worboy 153 Simcoe Street North OSHA W A, Ontario LlG 4S6 616 " THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON BY-LAW NUMBER 2001- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, ofthe Corporation of the former Town of Newcastle in accordance with application ZBA 2001-009 to pennit the development of four residential lots; NOW THEREFORE BE IT RESOLVED THAT the Council ofthe 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 designation from: 'Holding-Urban Residential Type One ((H)Rl) Zone" to "Urban Residential Type One (Rl) Zone" as shown on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date ofthe passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act, R.s.O. 1990. BY -LAW read a first time this day of 2001. BY -LAW read a second time this day of 2001. BY-LAW read a third time and finally passed this day of 2001. MAYOR CLERK 617 . . . , This is Schedule "A" to By-law 2001- , passed this day of .2001 A.D. I- W W c::: I- C/) >- E c::: <<i => ~ .... co ~ z >, ... c::: '" '" 0 1- :r: z I- NORTH WEST ANGLE LOT 54 PLAN 10M.B24 John Mutton, Mayor COURTICE LOT 33, CONCESSION 2 N76'13'OO"E 39.24m E fB ~0E , ''''H''';_~ E /"/- 8~ ~E .,; '~iI? E ~ N77'11'20'E 3401~1 ~ :~ /0 ;: ~ ~i ~ 2 N{(;11'20"E ;;i(~ € ~% ::~ /,€ .,;:; ',C>, 0% Ga N77'11'20"E 30.02m ~ ZONING CHANGE FROM "(H)R1" TO "R1" Patti L. Barrie, Municipal Clerk z o in (/) w '-' z o '-' t 618