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Home My WebLink AboutPSD-048-10 Q LLStaff Report # 3 ing thehe WaJ� REPORT PLANNING SERVICES Meeting: COUNCIL Date: April 12, 2010 Resolution #: C-157-10 By-law#: Q010 - Report#: PSD-048-10 File #: ZBA2008-0023 Subject: APPLICATION FOR REMOVAL OF HOLDING APPLICANT: PRESTONVALE ROAD LAND CORPORATION RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-048-10 be received; 2. THAT the application submitted by D.G. Biddle &Associates on behalf of Prestonvale Road Land Corporation to remove the Holding (H) symbol be approved; 3. THAT the attached By-law to remove the Holding (H) symbol from Lots 39 to 41 be passed and a copy forwarded to the Regional Municipality of Durham; 4. THAT a By-law be forwarded to Council for removal of the Holding (H) symbol from Lots 50 to 53 at such time the temporary Stormwater Management Pond has been de- commissioned and a copy be forwarded to the Regional Municipality of Durham; and 5. THAT all interested parties listed in Report PSD-048-10, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: G Reviewed by:ar `2 "� a L-an gm FCSLA, MCIP Franklin Wu ing Director, Planning Services Chief Administrative Officer CP/df 6 April 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F(905)623-0830 REPORT NO.: PSD-048-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Prestonvale Road Land Corporation 1.2 Agent: D.G. Biddle &Associates Ltd. 1.3 Location: Lots 39 to 41 inclusive, 40M-2391 Part of Lots 32 and 33, Concession 2, former Township of Darlington 1.4 Rezoning: Removal of Holding (H) symbol from "Holding — Urban Residential Exception ((H)R2-64)" to "Urban Residential Exception (R2-64)" 2.0 BACKGROUND 2.1 On October 6, 2008, staff received an application from D.G. Biddle & Associates on behalf of Prestonvale Road Land Corporation for the Removal of the Holding (H) Symbol for the lands within the limits of Draft Plan of Subdivision S-C-2007-0003. In January 2009 Council considered staff Report PSD-008-09 and approved a By-law to remove the holding from all the lands within the limits of the subdivision except Lots 39 to 41 and Lots 50 to 54 inclusive. 2.2 Lots 39 to 41 and Lots 50 to 54 inclusive, on either side of Oke Road were to be used temporarily for stormwater management ponds to deal with water quality and water quantity control for the subdivision. Stormwater from the subdivision will ultimately flow into future ponds to be constructed south of the extension of Glenabbey Drive in draft approved plans of subdivision south of the subject lands. 2.3 Through the detail engineering design for the subdivision, subsequent to the January staff report, the developer's agent was able to confirm that Lot 54 of 40M-2391 was not needed for stormwater management. In September 2009 Council approved a second By-law removing the Holding (H) symbol from said lot. 2.4 The Engineering Services Department has recently advised that the temporary sediment pond on the north side of Oke Road is no longer required. As a result they support removing the Holding (H) symbol from Lots 39 to 41 at this time. The Holding (H) symbol will remain in place on Lots 50 to 53 inclusive on the south side of Oke Road until the permanent pond is constructed. The developer of the lands to the south has done significant grading of the lands and a subdivision agreement for those lands is expected to be prepared in the near future. At such time said pond is constructed, a By- law to remove the Holding (H) symbol from Lots 50 to 53 will be forwarded to Council. 2.5 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 REPORT NO.: PSD-048-10 PAGE 3 any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. 2.6 The subject lands are zoned "Holding — Urban Residential Exception ((H)R2-64)". As outlined in paragraph 2.5, 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 symbol is removed. 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 draft approved and registered plan of subdivision and the Subdivision Agreement between the Owner and the Municipality. 3.2 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. 3.3 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 1 to Report PSD-048-10) is recommended. Staff Contact: Carlo Pellarin Attachments: Attachment 1 — By-law Interested parties to be notified of Council and Committee's decision: Prestonvale Land Corporation D.G. Biddle &Associates Ltd. Region of Durham Planning Department Attachment 1 To Report PSD-048-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend By-aw 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 40M-2391; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule 'A - Courtice'to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding — Urban Residential Exception ((H)R2-64)" to "Urban Residential Exception (R2-64)" 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 passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act- BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2010- , passed this day of , 2010 A.D. 2357 22 I 19 18 2353 15 �— — 14 q J 11 2349 10 J O I O W I 28 O J J 0 8 �t0 OKE ROAD 5 I 7 Tll �F17 F �T I 25 2 ®Zoning Change From(H)R2-64 To R2-64 Jim Abernethy,Mayor Patti L.Barre,Municipal Clerk 1 X W OEM C y Subject Site o _Ae . Ro COURTICE ° ZBA 2088-0820 Zonlno Schedule 4D