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Home My WebLink AboutPSD-074-07 Cl!1!ilJglon REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Report #: Friday, June 8, 2007 PSD-074-07 File #: ZBA 2007-0023 ~~ 1\:.&PA - 3'iD - D":\- By-law #: l.oo~-l1.S Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: CLARET INVESTMENTS LIMITED AND 1361189 ONTARIO LIMITED 18T -92014 - HANCOCK NEIGHBOURHOOD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-074-07 be received; 2. THAT the application submitted by Claret Investments Ltd. And 1361189 Ontario Ltd. to remove the Holding (H) symbol for Lots 1 to 89, and Block 103 as shown on the draft 40M-Plan for Draft Approved Plan of Subdivision 18T-92014 be APPROVED; and that the attached By-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham Planning Department; and 3. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Reviewed by: c:t~ W franklin Wu /u Chief Administrative Officer L T/DJC/sh May 29,2007 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-074-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: WDM Consultants 1.2 Agent: Claret Investments Ltd. And 1361189 Ontario Ltd. 1.3 Location: Part of Lot 27, Concession 3, former Township of Darlington (Attachment 1). 1.4 Rezoning: Removal of Holding (H) symbol from . "Holding - Urban Residential Type One ((H)R1)" . "Holding - Urban Residential Exception ((H)R1-41)" . "Holding - Urban Residential Exception ((H)R2-20)" . "Holding - Urban Residential Exception ((H)R1-12)" . "Holding - Urban Residential Exception ((H)R1-18)" . "Holding - Urban Residential Exception ((H)R1-19)". 2.0 BACKGROUND 2.1 On May 4, 2007 staff received an application from WDM Consultants for the removal of the "Holding (H)" symbol on Lots 1 to 89 and Block 103 as shown on the draft 40M-Plan for Draft Approved Plan of Subdivision 18T-92014. The Applicant has indicated the Owners are ready to proceed with the registration and construction of this draft plan, thus the necessity for the application. 2.2 Staff would note, the removal of the holding symbol is only being proposed for those lots/blocks within the draft plan that comply with the provisions of the Zoning By-law and can proceed through to registration and the issuance of building permits without requiring land or access from adjacent properties. 3.0 STAFF COMMENTS 3.1 Following an Ontario Municipal Board hearing held in January 1999, a Board Order was released July 28, 1999, issuing Draft approval of Plan of Subdivision 18T-92014. Planning staff is in the process of finalizing the subdivision agreement between the Municipality and the Owner(s) to ensure that all conditions of draft approval have been addressed. Provisions within the agreement will 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 As noted within paragraph 1.4 of the report, that portion of the subject property for which the holding symbol is to be removed is currently zoned within six (6) zoning categories. Policies within the Municipality's Official Plan permit the use REPORT NO.: PSD-074-07 PAGE 3 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: . 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 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: WDM Consultants Claret Investments Limited 1361189 Ontario Limited Mrs. Libby racansky CD u 1: ::I o o Attachment 1 To Report PSD-074-07 I- Z W :E Me NZ oW o:E .<e .... ~~ c(>- mm NC> :!: Z o N ~ 2 LOT . REQSTERED PlAN No. 834 LOT 9 ~ ~ ~ ~ 9 ~ 9 ~ 9 9 9 9 9 9 9 9 9 9 lOT I I I lOT lOT 27 I.: t, .\.. ..-... CONCESSION 3 Q. lIS ~ C o :;:: lIS U o ..J ~ CD Q. e D. ~ ..~. .,~ "\:~ 10'1 J~": r~ '08 HANCOCK ROAD :::l t::: ~ ~ ~ :2 N !l ~ S' ~ BLOCK 10J 1llOCl(102 :: II.OOC 113 lOT 28 \ lHOAR COURT L.IlmI."r!' BIl[f""'.J CONCESSION 3 I "0 "OS G)'- ~E E:J :Jo J!! 'i: c.s G) c EO -en fl)oo G)~ >~ 'sco _M G)~ :;"0 -c Uns i,;: G) c ~ o ~ ..2 Cl <: I~ 0 -2 0:: 2 :::c VJ ~ <: . :z 2 Attachment 2 To Report PSD-074-07 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- 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 implement plan of subdivision 18T-92014. NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "A" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Type One ((H)R 1)" to "Urban Residential Type One (R1)" "Holding - Urban Residential Exception ((H)R1-41)" to "Urban Residential Exception (R 1-41)" "Holding - Urban Residential Exception ((H)R2-20)" to "Urban Residential Exception (R2-20)" "Holding - Urban Residential Exception ((H)R 1- 12)" to "Urban Residential Exception (R1-12)" "Holding - Urban Residential Exception ((H)R1-18)" to "Urban Residential Exception (R 1-18)" "Holding - Urban Residential Exception ((H)R1-19)" to "Urban Residential Exception (R1-19)". 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 2007 BY-LAW read a second time this day of 2007 BY-LAW read a third time and finally passed this day of 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2007- passed this day of , 2007 A.D. ~ IllllI( "4 ) lllllll( 107 Ca.oac ". NASH ROAD , -, -....., & ii :::I: ~ ('") o ('") " ;C ~ o - ~ ~ ~ J t.,<':,>.,:J Zoning to Remain"A" EE:E:l Zoning To Remain "(H)R1-41" ~ Zoning To Remain "R1-42" ~ Zoning To Remain "(H)R2-12" ~::::-::::-::::~ Zoning To Remain "(H)R2-18" rzz3 Zoning Change From "(H)R-1" To" R1" ~ Zoning Change From "(H)R1-41" To "R1-41" ~ Zoning Change From "(H)R2-20" To "R2-20" ~ Zoning Change From "(H)R2-12" To "R2-12" ~ Zoning Change From "(H)R2-18" To "R2-18" ~ Zoning Change From "(H)R2-19" To "R2-19" Jim Abernethy, Mayor COURTICE Patti L. Barrie, Municipal Clerk