Loading...
HomeMy WebLinkAboutPSD-083-09//~~'/~ • /~ Leading~(J ~ ~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COnMM~ITTEE Date: Monday, September 14, 2009 1~5o~cxx~ ~ or~~~('A~ ~~-09 Report #: PSD-083-09 File #: ZBA 2008-0023 By-law #: ZooQ _ 12.J ~ Subject: APPLICATION FOR REMOVAL OF HOLDING OWNER: PptESTONVALE ROAD LAND CORPORTATION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD»083-09 be received; 2. THAT the application submitted by Prestonvale Road Land Corporation, to remove the Holding (H) symbol on Lot 54, Plan 40M-2391 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 David..d'Crome, MCIP, RPP Director, Planning Services LT/df 26 August 2009 Reviewed b~' "'"~'" Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STRE T, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-083-09 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Prestonvale Road Land Corporation 1.2 Rezoning: Removal of Holding (H) symbol from "Holding - Urban Residential Exception (H) R2-63" 1.3 Location: Part Lot 33, Concession 2, former Township of Darlington (Schedule A to Attachment 1) 2.0 BACKGROUND 2.1 On October 6,2008, Staff received an application from D.G. Biddle & Associates Limited for the Removal of the Holding (H) symbol for the lands within the limits of Draft Plan of Subdivision S-C-2007-0003 located on Part Lot 33, Concession 2, former Township of Darlington (Courtice). 2.2 Council, at their January12, 2009 meeting, endorsed the recommendation of Staff Report PSD-008-09 and approved the Zoning By-law Amendment to remove the Holding (H) symbol from the subject lands with the exception of Lots 39 to 41; Lots 50 to 52 and Blocks 56 and 57, all as shown on the Draft Plan of Subdivision S-C-2007 -0003. 2.3 Lots 39 to 41; 50 to 52 and Blocks 56 and 57, located on either side of Oke Road were proposed to be used temporarily as stormwater management facilities to deal with water quality and quantity. The stormwater created within the limits of the Draft Plan of Subdivision is ultimately dealt with in ponds to be constructed downstream south of the Draft Plan of Subdivision. The temporary use of the lots and/or blocks for Stormwater Management Facilities to the satisfaction of the Director of Engineering Services was acknowledged within the Subdivision Agreement registered on title. 2.4 The developer has subsequently provided additional information to Engineering Services staff confirming that Block 57 is not required in the design and use of said lands fOI the temporary facility. As such, a request was made to allow a building permit to be issued for the lands comprising Block 57, now shown as Lot 54 on Plan 40M-2391. 2.5 Engineering Services staff are now satisfied with the supporting information provided and would have no objection to releasing Block 57 for the issuance of a building permit. REPORT NO.: PSD-083-09 PAGE 3 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. 3.2 Building permits have been issued for the other lots within Plan 40M-2391 inasmuch as registration of the plan of subdivision has occurred and the Municipality is satisfied that all 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: . 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 (H) symbol from Lot 54 on Plan 40M-2391 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 1) is recommended. Attachments: Attachment 1 - By-law for Removal of "Holding (H)" symbol List of interested parties to be advised of Council's decision: Prestonvale Road Land Corporation Attachment 1 To Report PSD-083-09 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO, 2009- 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) R2-63) Zone" to "Urban Residential Exception (R2-63) Zone" as illustrated on the attached Schedule "A" hereto, 2. Schedule "An hereto shall form 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 Sections 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. , - 6,701 3 0'1 SC;,9C;N 0966l~\I -A&C~1.164 NlJ'23'40"E 1'" <;.\C;'O c/b \')C}J \') OKE ROAD 6,003 - 9108 OJ 2697 z r- ~ ~ " 0 ~ ",' " ~ () ",' >E' 0, '0,<:\\6 ^ >E' z z 0') (J1 ",,,, (J1 ",,,, (J1 Y1d ~d --J. --J. ",CD ",CD W CDei f\J Dei p en 0, "'~ ;0 >E' >E' err p 40R 24896 '" 0 '" '" 0 '" c:: '" CD '" en cY ~ Q 6006 12,971 12,002 6,935 at).:'" '\')\ 117644 'O'Oc,a1c,'A ),:Jc;.:V . ~ Zoning Change From "(H)R2-63" To "R2-63" ~ Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk ~ q: c:s 'Y Jf-. eJ ~ Q: RiVE , ~G~E~~Br~1 ~ Courtice Z8A 2008-0023