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HomeMy WebLinkAboutPSD-045-01 . Clw:iggton REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 3, 2001 Resolution #:(;{(1 - 5Sz., l) J D 1 '-f- Report #: PSD-045-01 File: ZBA 2001-024 By-law #: {)ro I ~;;z 13 Subject: APPLICATION FOR REMOVAL OF HOLDING APPLICANT - PHIP LIMITED PART LOT 31, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-045-01 be received; and 2. THAT the attached By-law to remove the Holding (H) symbol be APPROVED and 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: Da d . rome, M.C.I.P.,R.P.P. Director, Planning Services Reviewedbd~ - Franklin Wu Chief Administrative Officer SA*DJC*SH November 23, 2001 ~10 REPORT NO.: PSD-045-o1 Page 2 1.0 APPLICATION 1.1 Applicant: Phip 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 November 20, 2001, Staff received a request from Phip Limited for the removal of the "Holding (H)" provision from Parts 3-10 inclusive, on 40R-20795 on Mallory Street in Courtice. Attachment 1 shows the location of the lots zoned "Holding - Urban Residential Type One (H(R1)). 2.2 The applicant is now nearing completion of the land division process. The agreement for land division is finalized to the satisfaction of Municipal staff and has been sent to the applicant for signing. The agreement addresses the Municipality's financial interests including payment of park land dedication and development charges. Staff is recommending the Holding symbol be removed at this time to facilitate development at the site. 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 611 ~ REPORT NO.: PSD-04S-01 Page 3 afforded to standard rezoning application, and accordingly shall be deemed final and binding should Council grant approval of same. 4.0 RECOMMENDATIONS 4.1 In consideration 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. Attachment 1 -Key Map Attachment 2 - By-law and Schedule for Removal of Holding (H) Interested Parties to be notified of Council and Committee's decision: Phip Limited CIO Mark Foley 319 College Avenue PO Box 11 OSHAWA, Ontario L 1 H 7K9 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905)623-0830 612 , - ~ as :s: " ~ ~ BROADLANDS ~ ll: !:3 CRESCENT as :::;; " --, , ,~E':'~~qA~~ I COURTICE KEY MAP ATTACHMENT 1 ZBA 2001-024 l"') Z GEORG 0 DR. (/) (/) W () Z Cl 0 G () Cl::: t3 i! i::: ~ -- 8 8 eJ ~ CEcIL Fe 613 I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2001- being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation ofthe 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 2001-024. 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 designation from: "Holding - Urban Residential Type One (H(R1))" to "Urban Residential Type One (R1)" 2. Schedule "A" attached hereto shall form part of the By-law. 3. This By-law shall come into effect in the date of passing hereof, subject to the provisions of Sections 34 & 36 of the 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 614 ATTACHMEINT 2 . This is Schedule "An to By-law 2001- , passed this day of . 2001 A.D. LOT 6 4OM-1860 ~ La.I 0:: tii MALLORY ~ ZONING CHANGE FROM "(H)R1" TO "R1" John Mutton, Moyor Patti L Borrie. Municipal Clerk LOT 31 LOT 30 COURTICE '" Z o in 13 () i!5 () t 615