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.
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Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
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Z8A 2008-0023