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HomeMy WebLinkAboutPSD-104-09~al"1~[I~011 Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 2, 2009 ~P-Sd ~l.(/lOr~ ~ ~ p~-S93-D~ Report #: PSD-104-09 File #: ZBA2006-0031 By-law #: ~j0/-/S3 Subject: APPLICATION FOR REMOVAL OF HOLDING APPLICANT: ARNOT WOTTEN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-104-09 be received; 2. THAT the application submitted by Arnot Wotten to remove the Holding (H) symbol be APPROVED; 3. THAT the attached By-law to remove the Holding (H) symbol be PASSED and a copy forwarded to the Regional Municipality of Durham; and 4. 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: "`~-- Davi J. Crome, MCIP, RPP Director of Planning Services SA/CP/df/av October 27, 2009 40 Reviewed by: Franklin Wu ~(,?( Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON LLt, UNIHKIV L1C: JHti I REPORT NO.: PSD-104-09 1.0 APPLICATION DETAILS PAGE 2 1.1 Applicant: Arnot Wotten 1.2 Location: 5710 Solina Road, Solina, Part Lot 25, Concession 5, former Township of Darlington (Attachment 1) 1.3 Rezoning: Removal of Holding (H) symbol from "Holding -Residential Hamlet ((H)RH" 2.0 BACKGROUND 2.1 On December 1, 2006, Staff received a request from Arnot Wotten for the removal of the Holding (H) symbol from the subject lands. The application was submitted concurrent with land division applications for three (3) lots. One parcel was approved by the Land Division Committee in 2007 as a new lot subject to conditions. The other two proposed lots remain tabled by the Land Division Committee until the completion of a comprehensive Hydrogeological study. 2.2 The Owner, Arnot Wotten, has met the requirements of the Land Division Committee's decision for the north lot. He is now selling the property and there is a Holding symbol on the lot. This Holding symbol prevents the issuance of a building permit until all municipal requirements have been satisfied. 3.0 COMMENTS 3.1 The subject lands are located within the hamlet boundary of Solina. The proposed lot to have the Holding symbol removed will front on Solina Road and be known as 5730 Solina Road. 3.2 The land division application was submitted concurrently with two other land division applications to create a total of three (3) new lots. Two of the applications. were tabled for up to one year to allow the applicant time to complete technical reports that demonstrate there is no adverse impact on adjacent wells and septic systems. (See Attachment No.1) The applicant was allowed to proceed with one lot. 3.3 The applicant met with Municipal staff prior to submitting the land division applications. This enabled the applicant and staff to ensure that other lands owned by the applicant located within the hamlet boundary of Solina do not become landlocked by the development of the three lots fronting on Solina Road. A sufficient area of land was left for future development of a local road when or if the remainder of the property is developed. 3.4 Currently the retained lands are vacant and are used for agriculture. The future .407 route does not impact the proposed lot although it does traverse through the retained parcel approximately 330 metres further south of the severed lot. REPORT NO.: PSD-104-09 PAGE 3 3.5 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;. • 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 subject to LD006/2007 is appropriate at this time, as the provisions within the Municipality's Official Plan have been satisfied.. 3.6 The Finance Department has indicated that all taxes have been paid for the subject lands. 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 Interested parties to be notified of Council and Committee's decision: Arnot Wotten Attachment 1 To Repoli PSD-104-09 c c ~ ~ 2 ~ a a Q Q ~ ~ c c ~ m m H T' Z ~ a m dC O ~ ~ ,~ a .. ~ a O O~ a v ~ O c N J Q W , = C Q J "' J J'O . m d N r an d m~ t7 3 c y O O~ Z O , a ~®~ N } a adoa dNnos x O m ~OZ ~b£ w~£ ~bE E ti E ~ ~ 00 00 ~b9 wZ06 ^ . av a vrvnos ° ~ ~ a 0 N U U Attachment 2 To Report PSD-104-09 THE 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 LD 006/2007; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "8' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding -Residential Hamlet ((H)RH) Zone" to: "Residential Hamlet (RH) Zone' as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of the By-law. 3. This By-law shall come into effect on the date of passirig 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 2D09 BY-LAW read a third time and finally passed this day of 2009 Jim Abernethy, Mayor Pattie L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2009- , passed this day of , 2009 A.D. 1 E m 75m N 118.5m O E o E _Z r~ J E \ \ \\ \ \ \\ \ HAMLET ~ ~ ~ ~ ~ ^ BOUNDARY \ \ \ \ 118.5m \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ \ \\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ® Zoning Change From "(H)RH" To "RH" Zoning To Remain "(H)RH" ® Zoning To Remain "RH" \ \ Zoning To Remain "A-1" Jim Ahernethy, Mayar Patti L. Barrie, Municipal Clerk orvccssiorv reoao s I I II Illulll II II II II II II II II II II II I II a ~ ~ 3 II I II 11 11 II II II II II II II o `y V S I OLINA I