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HomeMy WebLinkAboutPSD-057-11 Qaringion Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 27, 2011 Resolution #: 6 PR-(f73-// By-law#: 00//-07/ Report#: PSD-057-11 File #: ZBA 2011-0018 Subject: APPLICATION FOR REMOVAL OF HOLDING OWNER: PRESTONVALE DEVELOPMENTS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-057-11 be received; 2. THAT the application submitted by D.G Biddle &Associates on behalf of Prestonvale Developments Inc. to remove the Holding (H) symbol be approved; 3. THAT the attached By-law to remove the Holding (H) symbol from Lots 1 to 74 (Phase 3) be passed and that the Region of Durham be forwarded a copy of Report PSD-057-11; 4. THAT a By-law be forwarded to Council for removal of the Holding (H) symbol from Lots 1 to 58 (Phase 4) at such time as that phase of the Draft Approved Plan of Subdivision is registered and all Conditions of Draft Approval, financial or otherwise, have been satisfied and that said By-law be forwarded to the Regional Municipality of Durham; and 5. THAT all interested parties listed in Report PSD-057-11 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 REPORT NO.: PSD-057-11 PAGE 2 Submitted by: �— Reviewed by: — avid J. Crome, MCIP, RPP rFanklln Wu Director, Planning Services Chief Administrative Officer CS/CP/df/ah 21 June 2011 REPORT NO.: PSD-057-11 PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicant: Prestonvale Developments Inc. 1.2 Agent: D.G. Biddle &Associates Ltd. 1.3 Location: North of Bloor Street and east of Prestonvale Road, Courtice, being Part of Lots 32 and 33, Concession 2, former Township of Darlington (Attachment 1) 1.4 Rezoning: Removal of Holding (H) symbol from "Holding — Urban Residential Exception ((H) R2-58)", "Holding — Urban Residential Exception ((H) R2- 75)", and "Holding — Urban Residential Exception ((H) R2-76)" 2.0 BACKGROUND 2.1 On June 7, 2011, staff received an application from D.G. Biddle &Associates on behalf of Prestonvale Developments Inc. for the removal of the Holding (H) Symbol for Phases 3 and 4 within the limits of Draft Approved Plan of Subdivision 18T-95026. The by-law to remove the holding symbol for Phase I and Phase 11 was approved by Council in October 2010. Phase 3 consists of 74 single detached units. Phase 4 consists of 58 single detached units and a townhouse block (see Attachment 2). The subdivision agreement for Phase 3 has been prepared and registration is imminent. Removal of the Holding (H) symbol is usually required after registration of the Plan of Subdivision however, given that Council recesses during the summer, the applicant has requested removal of the Holding (H) symbol on Phase 3 to ensure the housing construction can begin in a timely manner. 2.2 The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to development and redevelopment of the lands: This includes: servicing, access, protection of natural areas, measures to mitigate the impact of development, submission of required studies, execution of agreements and any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. 2.3 The subject lands are zoned "Holding — Urban Residential Exception ((H) R2-58)", "Holding — Urban Residential Exception ((H) R2-75)", and "Holding — Urban Residential Exception ((H) R2-76)". As outlined in paragraph 2.2, Council must be satisfied that the provisions of the Official Plan are met prior to removing the Holding symbol. No building permits can be considered until the Holding (H) symbol is removed. REPORT NO.: PSD-067-11 PAGE 4 3.0 STAFF COMMENTS 3.1 The subject lands are located within the Courtice urban area. The creation of the lots is consistent with the approved draft plans of subdivision for residential units. The Subdivision Agreement for Phase 3 has been prepared and it is currently with the applicant for execution. The applicant has posted securities for road construction and anticipates housing construction to commence later this summer. Staff are preparing for the Subdivision Agreement for Phase 4 and registration is expected next year. 3.2 It is noted that pursuant to Section 36 of the Planning Act, a Zoning 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 As noted above, the Subdivision Agreement is with the applicant for execution and registration of Phase 3 of this development is imminent and the applicant has posted the required securities. Staff would have no objection to the removal of the holding symbol at this time. Staff will forward a by-law to Council for Phase 4 once it is registered. 4.2 In consideration of the comments noted above, approval of the removal of the Holding (H) symbol as shown on the attached By-law (Attachment 3) and schedule is recommended. Staff Contact: Cynthia Strike Attachments: Attachment 1: Key Map - Phase 3 Attachment 2: Key Map - Phase 4 Attachment 3: By-law List of interested parties to be advised of Council's decision: Prestonvale Developments Inc. D.G Biddle & Associates Ltd. Region of Durham Planning Department Attachment 1 To &@m a>057-2 ! . n C . k $ § . § _ 22 ■ CO \ 0 = L �CL © � � > ] § ) � o § � CO 02 ] 16 A � - f § CL f « 0 2 N ) . % - ` . 0 - % . «« 0 - , . % � ON4 - - % � . Attachment 2 To Report PSD-057-11 t=°� to E c s e ? CORPORATION OF THE MUNICIPALITY OF CLARINGTON Attachment 3 To Report PSD-057-11 BY-LAW NO. 2011- 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 Municipality of Clarington to implement Phase 3 and 18T-95026; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4 — Courtice" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding — Urban Residential Exception ((H) R2-58) Zone" to "Urban Residential Exception (R2-58)Zone"; "Holding — Urban Residential Exception ((H) R2-75) Zone" to "Urban Residential Exception(R2-75)Zone"; "Holding— Urban Residential Exception ((H) R2-76) Zone" to "Urban Residential Exception (R2-76)Zone"; and as illustrated on the attached Schedule"A"hereto 2. Schedule "A"attached hereto shall form part of this 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 2011 BY-LAW read a second time this day of 2011 BY-LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L, Barrie, Municipal Clerk This is Schedule to By-law 2011 - passed day of ♦JSJ.- JJJP�irJJ ♦ ` rJJJJJ�♦�JJ♦J�.�, .J�JO;JJ fJJJJJi }i�PJ.�J1 ♦J?JJ4vJ♦ JJJJJI.•J�JJ iJJ•.JE..�...- .JJ.VtlJ•J:J.-J. .J.iJJJJ^..'..J JJJiJUJitrJ�J:JOJ�♦ i ♦..JJ.JJJJ'+JJ��.4 .� JOL".JJ'�J♦.G=JA�.�JJ .�J�.4♦14♦JJJ�JJJ��J�J;� -JO.GAJJ:♦ciVJJ�VJ.� ♦J�J.I t�J•'J.J1iJ�JJJisJ♦ �J'1�JJJ i�JO.��J�AJJJi��♦JJ�1♦�JJ��J �� i i � �bJJO�Jf few, 1 ♦�JJ�i�i�JC�±�♦�JJ•�.�JJO•JJ W r O� W JJJJJ���<<O 1JGJJ-♦f JJ���/�i' JJJ.LJ � .�J. .JJ�..J-J�JiJJ♦�-JJJ. �JJ.JOJ e.�JSJ..JSJ� JJ�.�♦JiJ�'l.J�S �JJ.JiJ Oi��P.JJJ. � ♦JJ. 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