HomeMy WebLinkAboutPSD-108-06
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REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Report #:
PSD-108-06
File #: ZBA 2006-0025
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By-law #: d.-(IT)(, -('1"
Date:
Monday, October 2,2006
Subject:
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: CCCC GLEN ABBEY LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-108-06 be received;
2. THAT the application submitted by CCCC Glen Abbey Limited to remove the
Holding (H) symbol be APPROVED for Parts 1-6 on Plan 40R-24278, the
Amenity Centre in the Port of Newcastle development;
3. THAT the attached by-law to remove the Holding (H) symbol be passed and a
copy 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.
Submitted by:
Reviewed by: ()~~~
Da Crome, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
JW/CP IDJC/df
22 September, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-108-06 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: CCCC Glen Abbey Limited
1.2 Rezoning: Removal of “Holding (H)” symbol
1.3 Location: Part of Lot 28, BFC, former Township of Clarke (Attachment 1)
2.0 BACKGROUND
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2.1 On September 19, 2006, Staff received an application from CCCC Glen Abbey
Limited for the removal of the “Holding (H)” symbol on Parts 1 to 6 as shown on
40R-24278. Removal of the holding symbol will permit the construction of the
Club House/Amenity Centre building for the Port of Newcastle development.
3.0 STAFF COMMENTS
3.1 Site Plan Approval was granted on April 7, 2006, and the applicant has entered
into a development agreement with the Municipality. Provisions within the
agreement require the developer to ensure that sufficient financial guarantees
are provided to the Municipality for the completion of all works on the site.
3.2 The subject property is presently zoned “Holding-General Commercial Exception
((H) C1-23)”. Policies within the Municipality’s Official Plan permit the use of
holding symbols to ensure that prior to development the following matters are
addressed and approved to the satisfaction of the Municipality:
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Services and municipal works;
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Measures to protect natural area;
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Measures to mitigate the impact of development;
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Submission of technical studies;
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Execution of appropriate agreements; and/or
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Any other requirements as may be deemed necessary by Council
including the implementation of the policies of this plan.
Similarly, within the Region’s Official Plan, policies are in place noting that prior
to a local Municipality’s passage of a by-law to remove a holding symbol, Council
is to ensure that:
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The development is consistent with the orderly and phased development
of the Municipality;
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The Owner has satisfied all of the requirements of the Municipality and
entered into any necessary agreements in that regard, and ;
REPORT NO.: PSD-108-06 PAGE 3
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The Owner has satisfied all the requirements of the Regional Municipality
of Durham with respect to the provisions of sewer and water services,
regional roads and entered into any necessary agreements.
The approval of a by-law to remove the holding symbol is appropriate at this
time, as the provisions within the Municipality’s and Region’s Official Plan have
been satisfied.
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 upon Council’s approval.
3.4 The Finance Department has advised that taxes on the site are current.
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.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law for Removal of “Holding (H)” symbol
List of interested parties to be advised of Council's decision:
Kelvin Whalen, The Kaitlin Group Ltd.
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ZBA 2006-0025
ZONING BY-LAW AMENDMENT
(Removal of Holding)
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Owner: CCCC Glen Abbey Ltd.
Attachment 2
To Report PSD-108-06
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
being a By-law to amend By-law 84-63, the Comprehensive Zoning BY71aw for
the Corporation of the 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 2006-0025;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "5" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from: "Holding-General Commercial Exception
((H) C1-23)" to "General Commercial Exception (C1-23)"
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 and 36 of the Planning Act.
BY-LAW read a first time this
day of
2006
BY -LAW read a second time this
day of
2006
BY-LAW read a third time and finally passed this
day of
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2006-
passed this day of , 2006 A.D.
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~ Zoning Change From I(H)C1-23" To IC1-23"
John Mutton. Mayor
Patti L Barrie. Municipal Clerk