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HomeMy WebLinkAboutPSD-008-09Clarington Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 5, 2009 ~~5o~~~oti'~~ ~P~}-©I'~--0 Report #: PSD-008-09 File #: ZBA 2008-0023 By-law #: o2on9-o0~ Subject: APPLICATION FOR REMOVAL OF HOLDING OWNER: PRESTONVALE ROAD LAND CORPORTATION & PAUL LYSYK FAMILY TRUST RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-008-09 be received; 2. THAT the application submitted by Prestonvale Road Land Corporation and Paul Lysyk Family Trust, to remove the Holding (H) symbol to permit 52 single detached units be APPROVED; 3. THAT the attached By-law to remove the Holding (H) symbol be passed and that the Region of Durham be forwarded a copy of this report; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: David J. rome, MCIP, RPP ranklin Wu Director, Planning Services ~ Chief Administrative Officer MK/CP/df/lw 15 December 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STR ET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-008-09 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Prestonvale Road Land Corporation and Paul Lysyk Family Trust 1.2 Agent: D.G. Biddle & Associates Limited 1.3 Rezoning: Removal of Holding (H) symbol from "Holding -Urban Residential Exception (H) R1-43", "Holding -Urban Residential Exception (H) R2-26", "Holding -Urban Residential Exception (H) R2-63" and "Holding -Urban Residential Exception (H) R2-64" 1.4 Location: Part Lot 33, Concession 2, former Township of Darlington (Attachment 1) 2.0 BACKGROUND 2.1 On October 6, 2006, Staff received an application from D.G. Biddle & Associates Limited for the removal of the Holding (H) symbol for the subject lands on Part Lot 33, Concession 2, former Township of Darlington. On October 22, 2008, the Clarington Engineering Services Department issued a Construction Stop Work Order as some of the works for subdivision application S-C-2007-0003 had commenced without permission from the Municipality of Clarington. All issues have now been resolved and the Authorization to Commence has been issued. Lots 39 to 41; Lots 50 to 52 and Blocks 56 and 57, as shown on Attachment 1, on either side of Oke Road will be used for temporary stormwater management facilities to deal with water quality and quantity. The stormwater is ultimately dealt with in ponds to be constructed south of the subject lands. The subdivision agreement ensures no building permits are available on these lots and blocks until water can be conveyed to the ultimate stormwater pond. The Clarington Engineering Services Department are satisfied that the removal of the Holding (H) symbol can now move forward for approval. 3.0 STAFF COMMENTS 3.1 The removal of holding application is being brought forward by the applicant at this time, as a subdivision agreement (subdivision file no.: S-C-2007-0003) has been executed for the subject lands and Authorization to Commence has been issued. The applicant will be building 52 single detached units. 3.2 Building permits will not be issued for this site until registration of the plan of subdivision has occurred and the Municipality is satisfied that all pertormance guarantees, cash-in-lieu of parkland and development charges have been received by the Municipality of Clarington. REPORT NO.: PSD-008-09 PAGE 3 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: • Services and municipal works including roads; • 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. 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... 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 CONCLUSION 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: D.G. Biddle & Associates Limited Prestonvale Road Land Corporation Paul Lysyk Family Trust Attachment 1 To Report PSD-008-09 d g Z c v.. o F V ~ N W ~ ~ T a ~ o~ ~ o f W ~ oo a ~o ~ LL N ~ O m Y g = ~ a ~. o aY o~ J ~ m m ~ ~ N ~ Z E a`a O a 8 .~ a ~ 2 N 0/ ~ i c ~ .~ ~ ~ 3 0 ¢ sz sz bz cz zz ~z oz si oa zz a e~ u ~ ~z s -~oa - ~ ~ / bZ >~ 9 L ' [pt°~. 9 ( 3nemn oc o Z 6 B 01 ~~ Z` f b~ 09 NOOIB S 'y sZ 699 -yV0 .d s ~ bS s ~ 1 f~i @;~ ~K: N~ sz 9l W b 6991- ' N olB ~ 6 L" 8l L l g ` ,, 4 ~ 55 ,~ ., ~9 ~ 9S NO ~Z OZ ~, £ Z bl ~ '~ ~~ s ~ fi = a K~+~ ~0 a .~ ' eo, L 9 S b o~ M £ ~ es one W.. a ~° a ,~ l Z 3NY7 .13'7001 A "~" ~'' °" X3a ~ es Poy„ ~Z p wr ~ sn of ~3rers dl latld ~, 95 NlB s s a o b= Lz or " ""d a zs bZ 6layd z sz a£ ~£ 9Z R~ i Z£ b£ a~ rsi 2 6£ _ ~ :~K IX a F ^ `v ~ ~ 71I„ R ~ y Ob s ~ OS ~ a ~ ~ < 6 avd - ~ ~ ¢ ~ ~ - ~ j a ~ n y~ d a bZ a ~ ~ B 9b a~ a06 ~ ~ ~ n nd ~ ° d ~ ~ F ~ £b ys Y 6 -s Lb 4 a ~ - O = ~ bb ~ 9b .[x t9 N~8 °a Sb t9 N7g Obpa 37b/~NO ls3bd CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- Attachment 2 To Report PSD-008-09 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 2008-0023; 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 Exception ((H) R1-43) Zone" to "Urban Residential Exception (R1-43) Zone", "Holding -Urban Residential Exception ((H) R2-26) Zone' to "Urban Residential Exception (R2-26) Zone", "Holding -Urban Residential Exception ((H) R2-63) Zone" to `Urban Residential Exception (R2-63) Zone", and "Holding -Urban Residential Exception ((H) R2-64) Zone" to "Urban Residential Exception (R2-64) Zone" as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" hereto shall farm part of the 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 2009 BY-LAW read a second time this day of 2009 BY-LAW read a third time and finally passed this day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2009- , passed this day of , 2009 A.D. --- • ,-, ---_- '~~~i~i~ ----- _ y^ N V a \ I~ ~ ~ b _--- G ~`. J ~e~- _-- J _ ~ Q W =- J `~_ ~ 0, Z _ 0 _a O - F- rn --_- s~ ~ _- --- a ,, , ~ _~. L --= - ~= ~ _ ~ ~ d l I ~ OKE ROAD ~ ~ ~~ Zoning Changes: - ~ w,, ® Zoning To Remain "R1-43" ®Zoning To Remain "(H)R2-63" ® From "(H)R1-43" To "R1-43" ®From "(H)R2-63" To "R2-63" - Zoning To Remain "R2" ~ Zoning To Remain "(H)R2-64" ® From "(H)R2-28" To "R2-26" ®From "(H)R2-64" To "R2-64" Jim Abernethy, Mayor Patti L Bame, Municipal Clerk ~`(~/~}/'//[~u~~"l((i(`'7f ..11}}~J,h~rr '~/v lYl/r....~.rcy'~~~ r ie cm ~wc ~ $ 4 uxu"wr 4°^T '~ ~'+' ~ "w xwx wwxt ceescrnv w+oc sn nuenr~wi ^" "~~ ~~ oME COURTICE