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Home My WebLink AboutPSD-087-10Leaarag rn~ way ~~~~~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Resolution #: ~pq-yps-/o By-law #: ~JyO-D ~~ Report #: PSD-087-10 File #: ZBA 2010-0014 Subject: APPLICATION FOR REMOVAL OF HOLDING APPLICANT: HANNU HALMINEN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PSD-087-10 be received; 2. THAT the application submitted by Hannu Halminen to remove the Holding (H) symbol be approved; 3. THAT the attached By-law to Report PSD-087-10 to remove the Holding (H) symbol from Block 26 40M-2265 be passed and a copy forwarded to the Regional Municipality of Durham; and 4. THAT all interested parties listed in Report PSD-087-10, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: / / ~ ~c Reviewed by: ~ ~~-- ~"Jln.. y Langm , FCSLA, MCIP Franklin Wu cting Direct of Planning Services Chief Administrative Officer CP/df 23 June 20.10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT NO.: PSD-087-10 1.0 APPLICATION DETAILS 1.1 Applicant: Hannu Halminen 1.2 Location: Block 26 40M-2265 Part of Lot 13 & 14, (Attachment 1) Concession 2, former Town of Bowmanville PAGE 2 1.3 Rezoning:. Removal of Holding (H) symbol from "Holding -Urban Residential Type One ((H)R1) 2.0 BACKGROUND 2.1 On June 1, 2010, staff received an application from Hannu Halminen for the Removal of the Holding (H) Symbol for a block within the limits of Draft Approved Plan of Subdivision 18T-87085. The lands are now identified as Block 26 with registered plan 40M-2265. Said block together with Block 137 in 40M-2337 will allow the creation of a lot with frontage on West Scugog Lane and flankage on North Scugog Court. The two blocks were in separate plans of subdivision. The applicant has been successful in acquiring-block 137 in 40M-2337 to add to the subject lands to allow the creation of a lot. Subject to the removal of the holding (H) prefix both blocks are zoned R1. 2.2 All the lots, 1 to 25 of 40M-2265 have previously had a by-law passed to remove the holding (H) symbol and allow development of the residential units. Similarly a by-law was previously passed to remove the holding (H) symbol from all the lots within 40M- 2337 including block 137. 2.3 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. 2.4 The subject lands are zoned "Holding -Urban Residential Exception ((H)R1)". As outlined in paragraph 2.3, 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 Bowmanville Urban Area. The formation of a lot by joining the two blocks together is consistent with the draft approved and registered plans of subdivision and the subdivision agreements between the Owners and the Municipality: Based on the zone provisions of the R1, the development of the two blocks jointly will allow asemi-detached/link dwelling unit to be constructed. REPORT NO.: PSD-087-10 PAGE 3 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 2) is recommended. Staff Contact: Carlo Pellarin Attachments: Attachment 1 -Key Map Attachment 2 - By-law for Removal of Holding Interested parties to be notified of Council and Committee's decision: Hannu Halminen Region of Durham Planning Department Attachment 1 To Report PSD-087-10 w narvum i3aais avarv A~ .+ C •rv3as~ ~ srva~s3ao G4 ~1~ d N o ~ ~~' ~ C E O. nvaoon ~ naaia O c _ ~ O Q 3 p San ooun7s ia3m ~ ~ T Q N 3 ~ - ~ io u L p ~ in y Q T m 2 p , 30 N ~ c ~ °' o O O N a ~ 1 ~ ~ 1~ ,~ 1 '~1 W 1 Z -_. I ~~ t, ~ W a ~ 1 ~~ i ~, ~ ~ 1 i G~ ` ~ m O G GJ S __ 3NF/1'JO~Jf1~S 1S3M I ~ I I ~~ OJ G~' G~ GJ ~y Q~ a0 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- Attachment 2 To Report PSD-086-10 being a By-law to amend By-aw 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, to permit the development of a semi- detached/linked dwelling unit on the subject lands; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: Schedule "3 (Bowmanville)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding -Urban Residential Type One ((H)Rt) Zone" to "Urban Residential Type One (R1) 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 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 Pattie L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2010- , passed this day of , 201 0 A.D. do i ,ATys J c~ cGCO c°~ c ~ ~ y OG ~T w 3 gpNS AVENUE ~~T s~, ac o~ <yy~ ' V ®Zonin9 Change From "(H) Ri" To "R1" Jim Abemelhy, Mayor Patti L. Barrie, Municipal Clerk ~a~ 1 .~ ~ ~E w 6 ~ ~x ~ I o ~~ 3€y pbr 6 g w„q > mn,[w[ m ~- 1 BOWMNAVILLE ~, ` ~ - zanm+oaou SCHEDULE]