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Home My WebLink AboutPD-046-01 i ( "'"!' DN:P046-01 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Report #: PD-046-01 FILE #: ZBA 2001-008 File #])j'/Z13I1.;l1:>/-OO ~ Res. tt6j7/l- :;2f'lb -0 ~ By-law #,.:bo/ -gf '1~ Meeting: General Purpose and Administration Committee Date: Monday, May 7, 2001 Subject: REMOVAL OF HOLDING AND PART LOT CONTROL APPLICANT: LEGENDS CONSULTING ON BEHALF OF ST. STEPHENS ESTATES INC. PART LOT 8, CONCESSION 2, FORMER TOWN OF BOWMANVILLE FILE NO.: ZBA 2001-008 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD-046-0 I be received; 2. THAT the request to remove Part Lot Control with respect to Blocks 133 and 134 on Plan 40M-1994 be APPROVED and the attached Part Lot Control By-law be ADOPTED and forwarded to the Regional Municipality of Durham pursuant to Section 50 (7.1) of the Planning Act; and 3. THAT the request for removal of Part Lot Control with respect to Blocks 133 and 134, on Plan 40M-1997 and that the request for removal of Holding (H) symbol with respect to Blocks 133 and 134, on Plan 40M-1994 be APPROVED and the attached by-law be ADOPTED and forwarded to the Regional Municipality of Durham; 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION 1.1 Applicant: Legends Consulting on behalf of St. Stephens Estates 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding-Urban Residential Type Two ((H)RZ)" to "Urban Residential Type Two (RZ)". 615 " , REPORT NO.: PD-046-01 PAGE 2 1.3 Location: Part Lot 8, Concession 2, former Town of Bowmanville (Attachment I). 2. BACKGROUND 2.1 Removal of Part Lot Control 2.1.1 On February 28, 2001, Staff received a request from Legends Consulting on behalf of St. Stephens Estates for the removal of Part Lot Control in respect to Blocks 133 and 134 of Plan 40M-1997 (see Attachment 3). 2.1.2 Blocks 133 and 134 received draft approval for five (5) single detached dwelling units. The removal of Part Lot Control would facilitate the construction of single detached dwelling units on these blocks. The process will enable the blocks to be divided and resurveyed after the dwelling foundations are in place. The blocks are in a registered plan of subdivision; therefore, there is an existing agreement in place to cover the Municipality's financial interest, including payment of parkland dedication and development charges. 2.2 Removal ofHoldinf!. (H) Symbol 2.2.1 On April 30, 2001, Staff received a request from Legends Consulting for the removal of the "Holding (H)" provision from Blocks 133 and 134 in Plan 40M-1997. Attachment I shows the location of the lots zoned "Holding-Urban Residential Type Two ((H)R2)". 3. STAFF COMMENTS 3.1 Removal of Part Lot Control 3.1.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached 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. It is recommended that the Part Lot Control By-law be in force for a three (3) year period ending May 14, 2004. 616 " REPORT NO.: PD-046-0l PAGE 3 3.2 RemovalofHoldinf< 3.2.1 The subject property is presently zoned "Holding-Urban Residential Type Two ((H)R2)". 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. 3.2.2 Block 133 was approved as a block for use as a Temporary Storm Water Management Facility. This facility is no longer required. Block 134 was registered as a block due to concerns regarding grading from the Clarington Public Works Department and Central Lake Ontario Conservation. Discussion has indicated that the grading concerns will soon be resolved. The applicant is required to provide additional engineering information, modify the engineering drawings for the subdivision, complete additional engineering work prior to the issuance of building permits, prepare a Lot Grading and Drainage Plan for these blocks, make application for property access and provide a total of five street trees. The applicant requires that the holding symbol be removed so the works may take place. Permits will be required for the works to be done from the Clarington Public Works Department and Central Lake Ontario Conservation. The existing subdivision agreement is applicable for all phases of development and does not require amendment or modifications. 4. RECOMMENDATIONS 4.1 It is recommended that Council approve the attached by-laws to provide for the removal of the removal of the "Holding (H)" symbol (Attachment 2) and the removal of Part Lot Control (Attachment 4). 617 REPORT NO.: PD-046-01 PAGE 4 Respectfully submitted, D vi . Crome, M.C.I.P., R.P.P. Director of Planning & Development SA *L T*DC*df 27 April 2001 Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding (H) Attachment 3 - Lots Affected by Part Lot Control Attachment 4 - By-law for Removal of Part Lot Control Reviewed by, ()~-(0&L Franklin Wu, M.C.I.P., RP.P. Chief Administrative Officer. Interested parties to be notified of Council and Committee's decision: St. Stephens Estates Inc. 115 Woodstream Boulevard Unit 13 WOODBRIDGE, Ontario L4L 8K5 Legends Consulting 4550 Highway #7 Building B, Unit 205 VAUGHAN, Ontario L4L 4Y7 618 ATTACHMENT 1 - SUBJECT SITE Block 133; 125, 131 & 137 Guildwood Drive Block 134; 99 & 105 Guildwood Drive LOT 8 LOT 7 w ::> z w ~ EE (f) C'\I Z lr L5 z :::. 0 - ~ en en w () z 0 () w z :5 CONCESSION STREET EAST l BOWMANVILLE KEY MAP ZBA 2001-008 I 619 THE CORPORATION OF THE MUNICIPAL TIY OF CLARINGTON BY-LAW NUMBER 2001- 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 ofClarington deems it advisable to amend By-law 84-63, as amended, oflhe Corporation of the former Town of Newcastle to implement ZBA 2001-008; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation ofthe Municipality of Clarington enacts as follows: L Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding-Urban Residential Type Two ((H)R2)" to "Urban Residential Type Two (R2)" , 2, Schedule "A" attached hereto shall form part ofthe By-law. 3. This By-law shall come into effect on the date passing hereof, subject to the provisions of Sections 34 and 36 ofthe Planning Act 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 John Mutton. Mayor Patti L Barrie, Municipal Clerk 620 ATTACHMENT 2 This is Schedule "A" to By-law 2001- , passed this day of .2001 A.D. .1 '&<10 1,"1ltl I lUll L,ocwlll,:Js:. to.q. ---t 132 - ! . ! . . 'U.K' ,,~ i -. N 1- ~ ~- II ~ a.... . JI~ 43 !, -, . 44 ~ t I '.. ... ! ~ ZONING CHANGE FROM .. (H)R2" TO .. R2" . John Mutton, Mayor Patti l. Barrie, Municipal Clerk LOT 8 LOT 7 g N Z o iii en w u z o u aO_ILLE J t ,;----l, 621 " 35.109 lS.oo 123..2. 132 801 lO 1'1) ~"<t ~ :::<:: u 12.00 16.00 0 .8 ...J m !!! .8 ----- SIB SIB ~ ~ 0 . . <i! q 0 0 0 0 - .. .. :: 0 0 fD fD Z z ~ N7Z'.l'3Q"E Ml.082 .. --- 20.00 GO N71.S6'OO"E ,..;~ I--.... ~ 1:1 ^- () II :--<... . ... -J o () SIB CD .. .,; 8 93 NBO'IS"S"E 47.156 "- '" " z ii: .. on '" N on ATTACHMENT 3 - .. 0 10 0 3 ,.., N ... I ~ r w :2 III ... 9 ~"" ~ ~ - -. z ....0:: w 0::0 ~ ~"t w ll~ .. ~ L "" '" w z :J ~ BLOCKS AFFECTED BY PART LOT CONTROL Blocks 133 & 134, 40M-1977 , ZBA.2001-008 622 ,- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2001- being a by-law to designate a certain portion of Registered Plan 40M-1997 as not being subject to Part Lot Control WHEREAS the Council of the Corporation ofthe Municipality ofClarington deems it advisable to exempt from Part Lot Control, Block 133 and 134 of Plan 40M-1997, registered at the Land Title Division of Whitby; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: I, 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) Blocks 133 and 134 on Registered Plan 40M-1997, 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this by-law shall be in force for a period of three (3) years ending on May 14,2004, 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 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 623 ATTACHMEINT 4 .