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Home My WebLink AboutPSD-022-11~ar~gton Leading the Way R E P O R T PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 28, 2011 Resolution #: Qpf~~l7yz-~/By-law #: ~o//-D a ~{ Report #: PSD-022-11 File #: ZBA 2010-0028 Subject: REMOVAL OF HOLDING (H) SYMBOL APPLICANT: 1557366 ONTARIO INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-022-11 be received; 2. THAT the application Submitted on behalf of 1557366 Ontario Inc., to remove a Holding (H) Symbol be approved and that the By-law, contained in Attachment 2 to Report PSD-022-11 be passed; and 3. THAT all interested parties listed in Report PSD-022-11 and any delegations be advised of Council's decision. Submitted by: Reviewed by: Davi rome, MCIP, RPP Director of Planning Services RP/CS/ah/df/ah February 22, 2011 ranklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-022-11 1.0 APPLICATION DETAILS 1.1 Applicant: 1.2 Owner: 1.3 Agent: 1557366 Ontario Inc. 1557366 Ontario Inc. Ronald J. Hawkshaw 1.4 Proposal: To remove a Holding (H) Symbol PAGE 2 1.5 Area: 0.76 ha 1.6 Location: Part Lot 15, Concession Broken Front, former Township of Darlington 2.0 BACKGROUND 2.1 The subject site is located near the southwest corner of Baseline Road and Martin Road. The property has frontage onto Martin Road to the east and backs onto the Westside Creek to the west. 2.2 The subject site was previously created through severance in 2006. At that time a 1.45 ha lot with a commercial building located at 2445 Baseline Road West was severed to create a vacant 0.76 ha lot for development, and a 0.6 ha lot conveyed to the Municipality for parkland dedication. 2.3 The Municipality's Comprehensive Zoning By-law 84-63, as amended, zones the severed site as "Holding -Special Purpose Commercial ((H)C5) zone" . An application for Removal of Holding and Site Plan Control will be required prior to any development occurring on the subject site. 2.4 At this time, the Owner does not have a specific development proposal for this site. However, the Owner has stated that the presence of the holding symbol is inhibiting the sale of the subject property to prospective developers. On December 16, 2010, an application was received for the Removal of Holding. 3.0 OFFICIAL PLAN 3.1 The Clarington Official Plan states that, prior to development, holding provisions may be used to ensure that services and Municipal works including roads, measures to protect natural areas, and that execution of appropriate agreements have been addressed and approved to the satisfaction of the Municipality. REPORT NO.: PSD-022-11 PAGE 3 4.0 ZONING BY-LAW 4.1 Zoning By-law 84-63 zones the subject lands as "Holding-Special Purpose Commercial ((H) C5) zone" and "Environmental protection (EP) zone". 4.2 The Zoning By-law states that a Holding (H) Symbol may be removed once Council is satisfied that services, adequate access, and the associated financial agreements have been executed with both the Municipality of Clarington and the Regional Municipality of Durham. 5.0 AGENCY COMMENTS 5.1 The Engineering Services Department has no objections, to the application for the removal of holding. 5.2 Central Lake Ontario Conservation Authority (CLOCA) staff have noted that the western bouhdary of the property appears to coincide with the floodplain of the Westside Creek which was established through the design and construction of the existing stormwater management facility. Consequently CLOCA staff has no objections to the removal of the Holding (H) Symbol. Once the removal of holding is approved, the applicant wishes to pursue development through a site plan application, CLOCA would review and comment on the proposed development. 5.3 The Durham Region Works Department has stated that municipal water supply and sanitary sewers are available to the subject site from the 300 mm watermain and 600 mm sanitary sewer on Martin Road (south of Baseline Road). The developer will be required to pay for watermain and sanitary sewer frontage charges when a servicing proposal is submitted and to enter into a Servicing Agreement for the installation of service connections (from the main line system to property line). Regional Development. charges (in effect at the time an application is submitted) will be applicable. 5.4 The Finance Department has confirmed that the taxes on this property are current. 6.0 STAFF COMMENTS 6.1 The intent of the Holding Zone policies and regulations within the Official Plan and Zoning By-law are to ensure that development proceeds in an orderly fashion without a negative impact on surrounding properties and infrastructure. Matters stated by the Clarington Official Plan regarding measures to protect the natural areas, services and municipal works including roads have been addressed by the agencies. Additional conditions such as the execution of appropriate agreements can be dealt with through the site plan process. As noted above, the Central Lake Ontario Conservation Authority (CLOCA), Clarington Engineering Services Department and the Durham Region Works Department have no objections to the application. R~onRT Nn ~ PSn_022-11 PAGE 4 6.2 Should this application be approved and the Owner proceed through the Site Plan process for further development of the site, all departments and agencies have reserved the right to provide more detailed comments outlining specific requirements at that time. 7.0 CONCLUSIONS" 7.1 In consideration of the comments noted above, Staff recommends that the application submitted on behalf of 1557366 Ont. Inc., to remove a Holding (H) Symbol be approved and that the By-law contained in Attachment 2 to Report PSD-022-11 be passed. Staff Contact: Ruth Porras Attachments: Attachment 1 -Key Map .Attachment 2 - By-law List of interested parties to be advised of Council's decision: Ronald J. Hawkshaw 1557366 Ontario Inc. Durham Region Planning Department Municipality Property Assessment Corporation (MPAC) Attachment 1 To Report PSD-022-11 ~~ ~ ~~ m y r ~ z m O I v ~_ MARTIN ROAD N_ n m A C D m! ~= i _.,e: ' . , .. i ~ ~ ~ _..e~ ¢-~ o -~ a ~^ ~ ~ ~ ~ - -.,e,.,,~, ~ ~ 3 s r r ~ ~ W a 8 E i _{ _p' ,~ y ~, ~....on __m ~ _.v. d V ~ ~ ~ _ ~ 61 Z ~ 0 ~\ _ ~~ Kew ~ ~ ~ s W a ~ ~~ ~ ~ 3 o ~ _'.. - d z ~'- - '<_ a - - ~ 4FJllI11ilW1W1L,.~2 ~ CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- being a By-law to amend Zoning By-law 84-63 of the Corporation of the Municipality of Clarington Attachment 2 To Report PSD-022-11 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 for ZBA 2010-0028; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Map Schedule "A" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding -Special Purpose Commercial ((H) C5) Zone" to "Special Purpose Commercial (C5) 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 of the Planning Act. BY-LAW read a first time this 7tn day of March, 2011 BY-LAW read a second time this 7th day of March, 2011 BY-LAW read a third time and finally passed this 7th day of March, 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk ® Zoning Change From "(H)C5" To "CS" Atlrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2011- , passed this day of , 2011 A.D.