HomeMy WebLinkAboutPSD-113-06
REPORT 1/3
CJ~mgron
REPORT
PLANNING SERVICES
Meeting:
Council
Report #:
PSD-113-06
File #: ZBA 2006-0027
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By-law #: Q) C::O~ - cQ.a3
Date:
Monday, October 16, 2006
Subject:
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: 1370304 ONTARIO LIMITED
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PSD-113-06 be received;
2. THAT the application submitted by 1370304 Ontario Limited to remove the
Holding (H) symbol be APPROVED for Part of Lots 7, 12 to 16 and all of Lots 8
to 11 on Draft Approved Plan of Subdivision 18T -98012;
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:
Davi . Crome, M.C.I.P., R.P.P.
Director, Planning Services
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Reviewed bYC;t.e~----,,~
Franklin Wu
Chief Administrative Officer
CS/CPIDJC/df/jd
October 4, 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-113-06
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant:
1.2 Rezoning:
1.3 Location:
1370304 Ontario Limited (Halminen Homes)
Removal of "Holding (H)" symbol
Part of Lot 33, Concession 3, former Township of Darlington
(Attachment 1)
2.0 BACKGROUND
2.1 On September 28th, 2006, Staff received an application from 1370304 Ontario
Limited for the removal of the "Holding (H)" symbol on lots 8 to 11 and part of lots
7 and 12 to 16, in Draft Approved Plan of Subdivision 18T-98012. Lots 7 and 12
to 16 on the draft plan have two zones, the zone boundary for bisects the lots so
that one half of the plan is zoned "Holding-Urban Residential Type One ((H)) R1)
Zone" and the remainder is zoned Urban Residential Exception (R2-4) Zone.
The removal of the holding on lots zoned ((H) R1) will allow the developer to
proceed with building on these lots as well on those lots not affected by the split
zone. An application for rezoning is required to develop the lots with split zones.
3.0 STAFF COMMENTS
3.1 The Plan of Subdivision was draft approved by the Region of Durham on January
8th, 2000. The applicant has entered into a subdivision 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 A portion of the subject property is presently zoned "Holding-Urban Residential
Type ((H) R1) Zone. 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:
. Services and municipal works;
. Measures to protect natural area;
. Measures to mitigate the impact of development;
. Submission of technical studies;
. Execution of appropriate agreements; and/or
. 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:
REPORT NO.: PSD-113-06
PAGE 3
. The development is consistent with the orderly and phased development
of the Municipality;
. The Owner has satisfied all of the requirements of the Municipality and
entered into any necessary agreements in that regard; and
. 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:
1370304 Ontario Limited
D. G Biddle Associates
Attachment 1
To Report PSD-113-06
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
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 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 2006-0027;
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) Zone" to "Urban Residential Type One (R1) Zone".
2. Schedule "A" atlached 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
Attachment 2
To Report PSD-113-06
This is Schedule "An to By-law 2006-
passed this day of .2006 A.D.
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Zoning Change From "(H)R1" To "R1"
Zoning To Remain "R2-4"
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John Mutton, Mayor
Patti L. Barrie. Municipal Clerk
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