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Home My WebLink AboutPSD-109-10Clarington Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 27, 2010 Resolution #: G'(~A-~~'/O' By-law #: c74/b-/c~G Report #: PSD-109-10 File #: ZBA 2010-0021 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-109-10 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 57 (Phase I) be passed and that the Region of Durham be forwarded a copy of Report PSD-109- 10; 4. THAT a By-law be forwarded to Council for removal of the Holding (H) symbol from Lots 1 to 56 (Phase II) at such time as the Draft Approved Plan of Subdivision is registered and that said By-law be forwarded to the Regional Municipality of Durham; and 5. THAT all interested parties listed in Report PSD-109-10 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-109-10 PAGE 2 Submitted by: G ~~'+-•~-~a Reviewed by: ~-/ ~ ~`"" `~` -' ~`~-~(~t , y angmaid SCIA, MCIP Franklin Wu cting Director, Planning Services Chief Administrative Officer KK/CP/df 21 September 2010 NO.: PSD-109-10 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 1.4 Rezoning: Removal of Holding (H) symbol from "Holding -Urban Residential Exception ((H) R2-59)", "Holding -Urban Residential Exception ((H) R2- 60)", "Holding -Urban Residential Exception ((H) R2-61)"and "Holding - Urban Residential Exception ((H) R1-70)" 2.0 BACKGROUND 2.1 On September 13, 2010, staff received an application from D.G. Biddle & Associates on behalf of Prestonvale Developments Inc. for the removal of the Holding (H) Symbol for Phase I and II within the limits of Draft Approved Plans of Subdivision S-C-2007-0009 and 18T 95026, consisting of 286 residential units to be constructed in four phases. Phase I consists of 57 single detached units and Phase II consists of 56 single detached units. The subdivision agreement for Phase I has been prepared and registration of Phase I is imminent. Removal of the Holding (H) symbol is usually required after registration of the Plan of Subdivision however, given that Council is lame duck, the applicant has requested removal of the Holding (H) symbol on Phase I 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) R2-59)", "Holding -Urban Residential Exception ((H) R2-60)", "Holding -Urban Residential Exception ((H) R2-61)" and "Holding -Urban Residential Exception ((H) R1-70)" 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. 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 REPORT NO.: PSD-109-10 PAGE 4 Subdivision Agreement for Phase I .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 fall. Staff are preparing for the Subdivision Agreement for Phase II and registration is expected in the late fall. The developer has not identified a timeline for completion of Phases III and IV at this time. 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 I 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 provided the executed Agreement is returned to the Municipality prior to the October 4, 2010 Council meeting. Staff will forward a by-law to Council for Phase II 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 and schedule is recommended. The Director of Planning will confirm at the October 4~h Council meeting whether the executed Agreement has been received by the Municipality. Staff Contact: Kathryn Kram Attachment: Attachment 1 - Key Map Attachment 2 - 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 Report PSD-109-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- Attachment 2 To Report PSD-109-10 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 I of S-C-2007-0009 and 18T-95026; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 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) R2-59) Zone" to °Urban. Residential Exception (R2-59) Zone"; "Holding -Urban Residential Exception ((H) R2-60) Zone" to °Urban Residential Exception (R2-60) Zone"; "Holding -Urban Residential Exception ((H) R2-61) Zone" to °Urban Residential Exception (R2-61) Zone'; and "Holding -Urban Residential Exception ((H) R1-70) Zone" to "Urban Residential Exception (R1-70) Zone" 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 Section 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.