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Home My WebLink AboutPD-082-00 !- ON: P082..oo Meeting: Date: Report #: Subject: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT General Purpose and Administration Committee File # 7)/ f 4-1~-o;L/ Res. &;9--: '3;;'6- () 0 ----' By-law #~ -fff/f?> Tuesday, September 5, 2000 PD-082-00 FILE #: ZBA 2000-021 APPLICATION FOR REMOVAL OF PART LOT CONTROL AND REMOVAL OF HOLDING SYMBOL APPLICANT: 1138337 ONTARIO INC. PORT OF NEWCASTLE - STAGE 1, PHASE II - 40M-2003 PART LOT 29, BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF CLARKE FILE: ZBA 2000-021 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 2. 3. 4. 5. 1. THAT Report PD-082-00 be received; THAT the request for removal of Part Lot Control for Lots 1,4-7,9, 11-27,30-33 and 35, on 40M-2003 and the removal of the Holding (H) sYmbol with respect to 40M-2003 be APPROVED; . THAT 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; THAT a copy ofthis report and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. 1.1 1.2 APPLICATION Applicant: Rezoning: 1138337 Ontario Inc. Removal of "Holding (H)" symbol from i) "Holding - Urban Residential Exception ((H)RI-39)" to "Urban Residential Exception (R1-39)"; bb5 REPORT NO.: PD-082-00 PAGE 2 ii) "Holding - Urban Residential Exception ((H)Rl-40)" to "Urban Residential Exception (Rl-40)"; and iii) "Holding - Urban Residential Exception ((H)R2-IO)" to "Urban Residential Exception (R2-1 0)". 1.3 Location: Part Lot 29, Broken Front Concession, former Township of Clarke (Newcastle Village) 2. BACKGROUND 2.1 Phase I, Stage II of draft Plan of Subdivision 18T-91004 (registered Plan 40M-2003) consists of eight (8) single family dwelling units and twenty-eight (28) lots for 56 semi- detached dwelling units. 2.2 Removal of Part Lot Control On August 2, 2000, Staffreceived a request from The Kaitlin Group Ltd. for the removal of Part Lot Control in respect to Lots 1,4-7,9,11-27,30-33 and 35 on 40M-1994 (see Attachment 2). The removal of Part Lot Control would facilitate the construction semi- detached dwelling units on each of the lots. The process will enable the lots to be divided and resurveyed after the dwelling foundations are in place. The lot are in a registered plan of subdivision, therefore, there is an existing agreement in place to cover the Municipality's financial interest, including payments of parkland dedication and development charges. Attachment 1 shows the location of the lots for which Part Lot Control is being removed. 2.3 Removal ofHoldinJ( (H) Symbol Similarly on August 2, 2000, Staff received a request from The Kaitlin Group for the removal of the "Holding(H)" provision from the lands associated with Registered Plan of Subdivision 40M-2003. Attachment 3 shows the location of the lots for which the holding symbol is being removed. 684 REPORT NO.: PD-082-00 PAGE 3 3. STAFF COMMENTS 3.1 Removal of Part Lot Control Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. The attached Part Lot Control By-law requires the approval of Council and the Regional Municipality of Durham. 3.2 RemovalofHoldinJ( The subject property is presently zoned "Holding-Urban Residential Exception ((H)R1- 39)"; "Holding-Urban Residential Exception ((H)RI-40)" and "Holding-Urban Residential Exception ((H)R2-10)". 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. 3.3 The applicant has recently registered Plan 40M-2003. The existing subdivision agreement is applicable for all phases of development and does not require amendment or modifications. 3.4 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 The Planning Act leaves it to the Municipality to determine an appropriate timefrarne during which the Part Lot Control By-law shall apply. Staff recommends that the Part Lot Control By-law (Attachment 2) be in force for a three (3) year period following Council approval, ending September 11, 2003. 68) REPORT NO.: PD-082-00 PAGE 4 4.2 In consideration of the comments noted above, it is recommended that the attached Zoning By-law (Attachment 4) be approved for the removal of the "Holding (H)" symbol. Respectfully submitted, Reviewed by, d ~~~~ vld I Crome, M.C.LP., RP.P. Direc or of Planning & Development LT*DC*df Franklin Wu, M.C.LP., RP.P. Chief Administrative Officer. 15 August 2000 Attachment 1 - Lots Affected by Part Lot Control Attachment 2 - By-law for the Removal of Part Lot Control Attachment 3 - By-law for Removal of Holding (H) Interested parties to be notified of Council and Committee's decision: Kelvin Whalen The Kaitlin Group Limited 1029 McNicoll Avenue SCARBOROUGH, Ontario M1 W 3W6 b86 \ 14 I ,_._ -1 ~ .". - ,<U",-- '3 I ~ t<1 ~ ~ <TIf':!"l -----,'<t ~2:;:~ 12 I o~:':t:; I w"'fi~ -,,1"-6.000 "09.11a _-1..~'U"'~,w '0 I .-J 9 I -j I lz -1"3 I~ , I -I , (9 ' --I 68 I --1 "'I ~ {! o ~'; , l.-z:, ! \ ~ , \ .-.J 731 -, -'-2 I -, _71_1 701 _..J ...<5.000 .,9.621 C,8.6n "~~'4f'( ATTACHMENT 1 w > 0:: C W ...J ?- m < () ~ Z .... o I- 0:: o ll. PUl.N .~~ .,U~ BLOCK 91 ~C.8.644 I..,.."."" '!"""'O7"l<l"'[ f ....ll;..,.. )~~ H!lO'<e"OO'" --= 20.288 _ .~ . .,-~ \.M-;O ~2G.'1..J?9 "c.~l:J' P"'X..E 0..... ~.....~ _ _L':..kjFibr~ _ __ ~- ------- '" PAPT. .......... PLAtl .......... 40R.149t~ ~ SHIPWAY AVENUE fr-;;;, ;-~" ,- v, 1.::;;>[- Ni;l U)~I <D~I <.O~I <D~I W:1 +-:;": 1-" >--",11-" 1-:;": 1 ::; t 3;j =:;1 3;1 '3~1 ~ _, ~ ~ A """""00"* PlA'" ,.H' " ~"'''''~'' " 'c '-. '-. ~ Pt..... .....- ~ -- _~-8~"q{ Q,j ..,. : ~hc::~~HOO~I;~ LANE /; "'..." ,- ~~ 28 \ .......;'w;~w.. 1l6T'~r30'''' .... I:~'~\~~r '" ~ ~ I "''><0 ~~ 1:'" - ..8~'4aO{)'", th ,-fAl ~LOT 29 ~ 01'" iiil f crir It ",/ l \ ~-BlUENOSE LANE LOTS AFFECTED BY PART LOT CONTROL t 40M-2003 , ZBA.2000-021 b~1 THE CORPORATION OF THE MUNIClI'ALITY OF CLARINGTON BY-LAW NUMBER 2000- being a By-law to designate a certain portion of Registered Plan 40M-2003 a not being subject to Part Lot Coutrol WHEREAS, the Council of the Corporation ofthe Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lots 45 to 63, inclusive on Plan 40M-2003 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 1,4-7,9, 11-27,30-33 and 35 on 40M-2003. 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 September II, 2003. BY-LAW read a first time this 11th day of September 2000. BY-LAW read a second time this 11th day of September 2000. BY-LAW read a third time and finally passed this II th day of September 2000. MAYOR CLERK bbb ATTACHMENT 2 THE CORPORA nON OF TilE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2000- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle \VHEREAS, the Council of the Corporation of the Municipality ofClarington deems it advisable to amend By-law 84-{53, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2000-021; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: I. Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Exception ((H)RI-39" to "Urban Residential Exception (RI-39)"; "Holding-Urban Residential Exception ((H)RI-40)" to "Urban Residential Exception ((H)RI-40)" to "Urban Residential Exception (RI-40)"; and "Holding - Urban Residential Exception ((H)R2-10)" to "Urban Residential Exception (R2-10)". 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 2000. BY -LAW read a second time this day of 2000. BY -LAW read a third time and finany passed this day of 2000. MAYOR CLERK bbl ATTACHMENT 3 This is Schedule passed this 2000- 2000 A.D. " A" to of By-law day , " 'Q~ \ 1', / l ~. '<l-(I>\I~~ ~ ,!os\,~r."-"" " 771. c,? ~ \>-./ ,110 oc~.",~, \ '0'-.... , !-" ."' ,/"J' ,'J'. \' (,-,'.: ~ ~\ II /..//\ ,-"" 'O",r:/"~ '':'.. " c .'f, ?J, , I -.J w -.1 ~ I D:: " 0 W oJ I- ,-.J ~ (.) ~ w z ... o Ii: SHIPWAY AVENUE . c;.!:.~k, r~"~&f:~, o ~ --- --,---,--:;l--"!'...l""'-,..-Ol'L- :;;. I=-",WW '\ 0.. I <<>~: <{}~ <t~ I ,....~ N;';I:.<i~ ON I O~.. I UJ I' . I ~'_,'.,~" ~!: ~!: ~!: ~!: ~!: 01 ~!:~!~c' ~ Wf\\ ," ',',3---/ ~!~~ ~"-..,[ .... I ,... \ ;:;::_:.;.;:;: I ~:ii 29! :}~.?~:;::. ~II ..._ ~ .' :::::~-:::::' __;.....t.:&.. t-- ::::::~:~;::. o I ...- I ~!- :.;.......;.;. -.Jt.m-~ . 9'1-'" I." --I ~ 28 I ' --j "'''~ 10 I y""_ I' :ti~JI /-LOT29 ~ 0:, 't" / ! I.t::-SLUENOSE LA~~ I I,)L " n.j " I --I .' I ,S 3!1 ~ i-/I I :---~-lL_I/"-1 I I ~ ' ,.... Pc.. ....~.~,........r>".~ ~" I ...., ~B~~~J7 w~ ZONING CHANGE FROM "(H)R1-39" TO "R1-39" 1::=:::::::::::::::1 ZONING CHANGE FROM "(H)R1-40" TO "R1-40" ~ ZONING CHANGE FROM "(H)R2-10" TO "R2-10" Mayor Clerk NEWCASTLE VILLAGE b~U , \: ',-,' " ~~ t