HomeMy WebLinkAboutPSD-074-08
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, July 7, 2008 ~eSo'\A.-\-;DY\'"'f:\PA - 4 c1-08
Date:
Report #: PSD-074-08
File #'s: ZBA 2008-0017 By-law #: !l.OO%- 1.;2.. &'
Subject:
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: CCCC DURHAM EAST LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-074-08 be received;
2. THAT the application submitted by CCCC Durham East Limited to remove the
Holding (H) symbol be APPROVED;
3. THAT the attached By-law to remove the Holding (H) symbol be PASSED; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed bYO ~~
Da Id J. Crome, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
MK*CP*sh*lw
June 25, 2008
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-074-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant:
CCCC Durham East Limited
1.2 Agent:
Kelvin Whalen
1.3 Rezoning:
Removal of Holding (H) symbol from "Holding - Urban
Residential Exception (H) R4-18"
1.4 Location:
Part Lot 29, Broken Front Concession, former Village of
Newcastle (Attachment 1)
2.0 BACKGROUND
2.1 On June 6, 2008 staff received an application from CCCC Durham East Limited
for the removal of the Holding (H) symbol for the subject lands on Part Lot 29,
Broken Front Concession, former Village of Newcastle.
3.0 STAFF COMMENTS
3.1 The removal of holding application is being brought forward at this time, as the
site plan approval for the development was issued on March 3, 2008. A
development agreement has been prepared and is expected to be executed
shortly. The applicant will be building 7 condominium apartment buildings, each
with 6 dwelling units for a total of 42 dwelling units having a total floor space of
approximately 8000 m2.
3.2 A building permit will not be issued for this site until a site plan agreement has
been entered into and all required letters of credit for performance guarantees,
cash-in-lieu of parkland and development charges have been received by the
Municipality of Clarington.
3.3 Policies within the Municipality of Clarington'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:
. Measures to protect natural areas;
. Services and municipal works;
. Submission of technical studies;
. Measures to mitigate the impact of development;
. 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.
REPORT NO.: PSD-074-08
PAGE 3
In consideration of Council recess for part of July and August the approval of a
by-law to remove the 'Holding' symbol from the lands is appropriate at this time,
as the provisions within the Municipality's Official Plan have been satisfied. The
agreement is expected to be completed shortly and all financial requirements are
addressed in the agreement.
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 upon Council's approval.
4.0 RECOMMENDATION
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
Attachment 1
To Reflor1J'SD-074-08_
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Attachment 2
To Report PSD-074-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
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 2008-0017;
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 - Urban Residential Exception ((H)
R4-18) Zone" to "Urban Residential Exception (R4-18) Zone".
2. 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
2008
BY-LAW read a second time this
day of
2008
BY-LAW read a third time and finally passed this
day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2008- ,
passed this day of . 2008 A.D.
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~ Zoning Change From "(H)R4-18" To "R4-18"
Jim Abernethy, Mayor Patti L Barrie. Municipal Clerk
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