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Report To: Planning and Development Committee
Date of Meeting: September 10, 2018
Report Number: PSD-076-18 Resolution:
File Number: ZBA2018-0012 By-law Number:
Report Subject: An Application by Newcastle Marina Villa Ltd.
Removal of Holding (H) to permit a 65 unit apartment building in the
Port of Newcastle.
Recommendations:
1. That Report PSD-076-18 be received;
2. That the application submitted by Newcastle Marina Villa Ltd. to remove the Holding (H)
symbol be approved as contained in Attachment 1 to Report PSD-076-18;
3. That Council’s decision and a copy of Report PSD-076-18 be forwarded to the Region of
Durham and the Municipal Property Assessment Corporation; and
4. That all interested parties listed in Report PSD-076-18 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-076-18 Page 2
Report Overview
This report is recommending approval of an application by Newcastle Marina Villa Ltd. to
remove the Holding (H) symbol from lands to permit the development of a 65 unit apartment
building known as Cape Cod Villas in the Port of Newcastle.
1. Application Details
1.1 Owner: Newcastle Marina Villa Ltd.
1.2 Applicant: Enzo Bertucci, Kaitlin Corporation
1.3 Proposal: Removal of Holding (H) Symbol from:
"Holding-Urban Residential ((H) R4-19) Zone”.
1.4 Area: 1.03 acres
1.5 Location: 65 Shipway Avenue, Port of Newcastle
Part Lot 28 and 29, Concession Broken Front, former
Township of Clarke (Figure 1.)
1.6 Roll Number: 18-17-030-120-22250
1.7 Within Build Boundary: Yes
2. Background
2.1 On March 29, 2018, an application was submitted requesting that the Holding (H) symbol
be removed from the subject lands within the Port of Newcastle (Figure 1). The removal
of the Holding (H) symbol will facilitate the construction of a 65 unit apartment building.
Municipality of Clarington
Report PSD-076-18 Page 3
Figure 1: Cape Cod Villa in the Port of Newcastle
3. Staff Comments
3.1 The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain
obligations have been considered prior to development and redevelopment of the lands.
This includes: servicing, access, protection of natural areas, measures to mitigate the
impact of development, submission of required studies, execution of agreements and any
other requirements as may be deemed necessary by Council including the
implementation of the policies of this plan.
3.2 The subject property is zoned "Holding – Urban Residential Exception (R4-19) Zone”.
Municipality of Clarington
Report PSD-076-18 Page 4
3.3 Council must be satisfied that the provisions of the Official Plan are met prior to removing
the Holding symbol and no building permits can be issued. The applicant has entered into
a site plan agreement and posted the necessary securities to enable this project with the
Municipality and there are no concerns with lifting the ‘H’ symbol.
3.4 All property taxes have been paid in full.
4. Concurrence
Not applicable.
5. Conclusion
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 1) is
recommended.
6. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B
Director of Planning Services Chief Administrative Officer
Staff Contact: Cynthia Strike Principal Planner, 905-623-3379 ext. 2410 or
cstrike@clarington.net
Attachments:
Attachment 1 - Zoning By-law Amendment to Remove ‘H’ Symbol
The following is a list of the interested parties to be notified of Council’s decision:
The Kaitlin Corporation c/o Enzo Betucci
I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2018\ZBA2018-0012 Newcastle Marina Villa RoH\Staff Report\PSD-
076-18.docx
Attachment 1 to
Report PSD-076-18
J:\REPORTS TO CLERKS\Electronic Reports\2 - Signed by CAO\PSD-076-18\Attachment 1 to PSD-076-18 By-law.docx
The Corporation of the Municipality of Clarington
By-law Number 2018-______
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
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 Municipality of Clarington to permit
the development of a 65 unit apartment building on the subject lands (ZBA2018-0012);
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule “5” (Newcastle)” to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
“Holding – Urban Residential Exception (H) R4-19 Zone” to “Urban Residential
Exception R4-19 Zone”;
as illustrated on the attached Schedule “A” hereto.
2. Schedule “A” attached hereto shall form part of the By-law.
3. This By-law shall come into effect on the date of passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
By-Law passed in open session this 10th day of September, 2018
____________________________
Adrian Foster, Mayor
____________________________
C. Anne Greentree, Municipal Clerk
J:\REPORTS TO CLERKS\Electronic Reports\2 - Signed by CAO\PSD-076-18\Attachment 1 to PSD-076-18 By-law.docx