The URL can be used to link to this page

Home My WebLink AboutPD-033-00 .. 1t -';."DN:~33-OO ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Report #: PD-033-00 FILE #: ZBA 2000-010 File (])/t2fJA Jtco-e:>) 0 Res, # (},Pff-/t/J-oo By-law # P.OffJ . f:f~ LOT CONTROL AND Meeting: General Purpose and Administration Committee Date: Monday,P.pril 3, 2000 Subject: APPLICATION FOR REMOVAL OF PART REMOVAL OF HOLDING APPLICANT: CLARET INVESTMENTS LIMITED & 1351739 ONTARIO LIMITED PART LOT 30, CONCESSION 3, FORMER TWP. OF DARLINGTON FILE: ZBA 2000-010 Recommendations: It is respectfully recommended that the General Purpose and P.dministration Committee recommend to Council the following: 1. THAT Report PD-033-00 be received; 2. THAT the request for removal of Part Lot Control for Lots 45 to 63 all inclusive, on 40M-1994 and the removal of the Holding (H) symbol with respect to 40M-1994 be APPROVED, and 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; 3. THAT the attached by-law to remove the Holding (H) symbol be APPROVED and forwarded to the Regional Municipality of Durham; and, 4, THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION 1.1 Applicant: Claret Investments Limited and 1351739 Ontario Limited 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding - Urban Residential Type Three ((H)R3)" to "Urban Residential Type Three (R3)" 1.3 Location: Part Lot 30, Concession 3, former Township of Darlington, (Courtice) (Attachment #1) 615 L ~...~.t. REPORT NO.: PD-033-00 PAGE 2 2. BACKGROUND 2.1 Draft Plan of Subdivision 18T-91005 (registered plan 40M-1994) received draft approval for nineteen (19) lots for thirty-eight (38) semi-detached dwelling units. 2.2 Removal of Part Lot Control On March 16, 2000, Staff received a request from Claret Investments Limited and 1351739 Ontario Limited for the removal of Part Lot Control in respect to Lots 45-63 inclusive of 40M-1994 (see Attachment #2), The removal of Part Lot Control would facilitate the construction of 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 lots 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. 2.3 Removal Of Holdin2 (H) Symbol Subsequently on March 22, 2000, Staff received a request from Claret Investments Limited and 1351739 Ontario Limited for the removal of the "Holding (H)" provision from the lands associated with Registered Plan of Subdivision 40M-1994, Attachment #1 shows the location of the lots zoned "Holding - Urban Residential Type Three ((H)R3)" . 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 Removal of Holdin2 The subject property is presently zoned "Holding - Urban Residential Type Three 616 , , ' . REPORT NO.: PD-033-00 PAGE 3 ((H)R3)". 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-1994, 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 timeframe during which the Part Lot Control By-law shall apply. Staff recommends that the Part Lot Control By-law (Attachment #3) be in force for a three (3) period following Council approval, ending April 3, 2003~ 4.2 In consideration of the comments noted above, it is recommended that the attached zoning by-law (Attachment # 4) be approved for of the removal of the "Holding (H)" symbol. 617 t,. ",..1 L REPORT NO.: PD-033-00 Respectfully submitted, ad. Crome, M,C.I.P" R,P.P. Dir tor of Planning & Development SA*LT*DC*cc 28 March 2000 Attachment #1 - Key Map Attachment #2 - Lots Affected by Part Lot Control Attachment #3 - By-law for Removal of Part Lot Control Attachment #4 - By-law for Removal of Holding (H) PAGE 4 Reviewed by, o~~ Fr3.iiklin Wu, M,C,I.P., RP,P, Chief Administrative Officer. Interested parties to be notified of Council and Committee's decision: WDM Consultants 20 Clematis Road WlLLOWDALE, Ontario M2J 4X2 618 ATTACHMENT .1 - SU BJ ECT SITE LOT 30 LOT 29 LLW-LJ ~ I -- GEORGE REYNOLDS DR. 10LDS DR. , i / ~ y; i e: ~ .. ..... -j ~ (f) r.:i 8 -I ~ :::l ~ F( ~ ~ :::! A: :::) ~ ~ 2 r.:i it STREET C.f'C/~ FOUND CRES, ,.,., , \ Z 0 (f) (f) W () Z t:l 0 ~ GATE () /000 Ck: ~ (f) -.l ~Cl ::l IT ;RES. -----.- - I~- I I NASH ROAD I / COURTICE ZBA 2000-010 ! KEY MAP 619 ATTACHMENT '2 , -; Qj ~ 0::: '~', ~ \ ------ i "'0"''' \\ ~ -------------1 7,,9 I~ 1 _____ 1 18 r 17 e--16 15 -14 13 1 11 10- g ... ... RICHFIELD 50 49 48 47 46 45 51 52 53 54 55 56 ~SS GA TE 8 lI.J ~ 0::: ~ ~ 1- 2 0 I 1 V) SQUARE 63 59 58 57 64 V) -.I S ~ 67 6!l . 69 7__ -.1 -72 / / Cl Gj G:: ~ -, 0:::: ------I NASH ROAD ~ LOTS AFFECTED BY PART LOT CONTROL ~ Lots 45 to 63 Inclusive 40M-1994 , ZBA.2000-010 t 620 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2000-_ being a By-law to designate a certain portion of Registered Plan 40M-1994 as not being subject to Part Lot Control. WHEREAS the Council aftbe Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control. Lots 45 to 63, inclusive on Plan 40M-1994 registered at the Land Titles Division of Durham. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality ofClarington 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 45 to 63, inclusive on Registered Plan 40M-1994, 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 April 3, 2003. 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 finally passed this day of 2000, MAYOR CLERK 621 ATTACHMEINT 13 THE CORPORATION or TilE MUNICIPALITY or CLARINGTON BY-LAW NO. 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 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2000-01 0 NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality ofClarington enacts as follows: t 1. Schedule "4" to By-law 84-63 as amended. is hereby further amended by changing the zone designation from: "Holding - Urban Residential Type Three ((H)R3)" to "Urban Residential Type Three (R3)" 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 Section 34 & 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 finally passed this day of 2000, MAYOR CLERK 622 ATTACHMEINT '4 , , This is Schedule II All to By-law 2000- passed this day of , 2000 A.D. , LOT 30 ,LL I I ('I) ~ Z ~ 0 ~ - CJ) CJ) W lr) 0 -..J Z - S 0 g: -0 t 1- -----l I I , ----! NASH ROAD / ~ ZONING CHANGE FROM .. (H)R3" TO .. R3" Clerk COURTICE t Mayor