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Home My WebLink AboutPSD-098-11 • Leading Eric Way REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution #: -#lay-law #: c //-4/ Report#: PSD-098-11 File #: ZBA2011-0034 Subject: APPLICATION FOR REMOVAL OF HOLDING APPLICANT: WEST DIAMOND PROPERTIES INC. (METRUS) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-098-11 be received; i 2. THAT the application submitted West Diamond Properties Inc. and Players Business Park Ltd. to remove the Holding (H) symbol be approved; 3. THAT the attached By-law to remove the Holding (H) Symbol for lots to be transferred to Jeffery Homes identified on the schedule to the By-law (Attachment 2) be passed; 4. THAT a subsequent By-law be forwarded to Council to remove the Holding (H) Symbol on the balance of the lots to be transferred to Brookfield Homes upon fulfillment of the balance of the terms and conditions in the Subdivision Agreement; and 5. THAT a copy of the by-laws be forwarded to the Regional Municipality of Durham and the Municipal Property Assessment Corporation (MPAC) and that all interested parties listed in Report PSD-098-11 and any delegations be advised of Council's decision. Submitted by: Reviewed by: D2WiV. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer CS/CP/df 6 December 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 REPORT NO.: PSD-098-11 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant: Metrus Development Inc. 1.2 Owner: West Diamond Properties Inc. & Players Business Park Ltd. 1.3 Location: North of Brookhill Boulevard, west of Green Road Brookhill Neighbourhood, Bowmanville being Part of Lot 17, Concession 2, former Township of Darlington 1.4 Rezoning: Removal of Holding (H) Symbol from: • "Holding — Urban Residential Exception ((H)R1-79) Zone" to "Urban Residential Exception (R1-79) Zone"; • "Holding — Urban Residential Exception ((H)R1-82) Zone" to Urban Residential Exception (R1-82") Zone"; • "Holding — Urban Residential Exception ((H)R3-37)" to "Urban Residential Exception (R3-37) Zone"; and • "Holding — Urban Residential Exception ((H)R3-39)" to "Urban Residential Exception (R3-39) Zone". 2. BACKGROUND 2.1 An application for removal of the Holding (H) symbol was received on November 17, 2011. The subject lands are within Draft Approved Plan of Subdivision S-C-2004-004 which was draft approved by the Ontario Municipal Board on December 9, 2009 for 423 residential units. At that time, the lands were also rezoned to allow for residential uses consistent with the plan of subdivision and the Holding (H) symbol was applied. 2.2 In September 2010, Council approved a modification to the Draft Approved Plan reducing the number of units to 419 units. The corresponding rezoning made minor adjustments to front yard setbacks. 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 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. No building permits can be considered until the Holding (H) symbol is removed. 3. STAFF COMMENTS 3.1 The subject lands are located within the first phase of the Draft Approved Plan of Subdivision. Phase 1 contains 114 units. The subdivision agreement for Phase 1 has been executed. The applicant has posted securities for road construction and the roads are to be completed the first week of December. The subdivision agreement requires the transfer of lands external to the subdivision. The timing of these transfers has delayed the registration of Phase 1, despite Staff's efforts to work with the developer (Metrus) to expedite the registration. On December REPORT NO.: PSD-098-11 PAGE 3 15t 2011, the external lands were transferred to the Municipality and now registration of Phase 1 can proceed. 3.2 The lots within Phase 1 have been sold to two different builders, Jeffery Homes and Brookfield Homes. Some of the financial responsibilities have also been split between the builders. To date occupancy security has been paid for half of the total units by Jeffery Homes. There are a number of house closings occurring as early as March 2012. In order to ensure housing construction can occur in a timely manner, the removal of holding is recommended on the identified lots on the attached by-law. Once the registration occurs and the balance of the occupancy security has been received, Staff will forward a by-law to Council to remove the Holding (H) Symbol on the balance of the lands. 3.3 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. 3.4 All property taxes have been paid in full. 4. CONCURRENCE - Not applicable 5. CONCLUSIONS 5.1 As noted above, the Subdivision Agreement for Phase 1 has been executed and the applicant has posted securities for the portion of Phase 1 subject to the proposed By- law, Staff have no objection to the removal of the holding symbol on the lots identified on the schedule to the by-law at this time. Once the balance of the occupancy securities have been received, Staff will forward a by-law to remove the "Holding (H)" symbol on the balance of Phase 1. 5.2 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 (Attachment 2) is recommended. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial'stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan REPORT NO.: PSD-098-11 PAGE 4 Staff Contact: Cynthia Strike Attachments: Attachment 1 - Key Map for Removal of Holding Application Attachment 2 - By-law for Removal of Holding (H) List of interested parties to be advised of Council's decision: Tom Albani, Metrus Inc. Region of Durham Planning Scott Jeffery, Jeffery Homes �- ■i��i��I/III■�. ��%i�iiiiiiiiiu►�oiiu�n�� ' ,��r►vnuuul� no• C.anar,n:ni onnnuum�u .. ��,II IIpA-0111➢.A.1111111111111111\1� moll • • II �III�1�iL • ��+ ` � • 11111■■■��/.�.""r��mi�• � ■ i ,. � \. \ �,�•�� Attachment 2 To Report PSD-098-11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- i 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 Municipality of Clarington to implement Phase 1 of S-C-2004-004; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" (Bowmanville)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: • "Holding-Urban Residential Exception ((H)R1-79)Zone"to "Urban Residential Exception (R1-79)Zone"; • "Holding—Urban Residential Exception ((H)R1-82)Zone"to Urban Residential Exception (R1-82")Zone"; • "Holding—Urban Residential Exception ((H)R3-37)"to"Urban Residential Exception (R3-37)Zone"; and • "Holding—Urban Residential Exception ((H)R3-39)"to"Urban Residential Exception (R3-39)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 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 I i This is Schedule "A" to y-lave 2011 - , passed this day of , 2011 A.D. ClN 1tq• b 20 r��, •�u i EoM � � ry man NH)R1.�9 •.:;'�;..;.' •.3�� qt FRcRFSOe"r N (T4¢JI. o p o j Zoning to �'•,•' i w "' ,S Remain '`�'--- :'•' T hig9 To Re x 5s---- QO 'm "o cRFSC�"r 1Ray�TS ---- W �Fy i to F i 2o4in9 T it IQ 0 p IR3.8T,( W M Zo b cKStq"F m $ S3).. Y aW F gROOkH/tt hi�9 To g 1/0�y�3 off.`'' BpUt�gRO %d�A, EN Zoning Change From"(H)R1-79(T:35)"To"R1-79(T.35)" Zoning Change From"(H)R3-37(T43)"To"R3-37(T.43)" ® Zoning Change From"(H)R1-79(T:40)"To"R1-79(T:40)" ® Zoning Change From"(H)R3-39(T:6)"To"R3-39(T:6)" ® Zoning Change From"(H)R1-79(T44)"To"R1-79(T:44)" �. Zoning Change From"(H)R3-39"To"R3-39" Zoning Change From"(H)R1-82"To"R1-82" Zoning to Remain"R1" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk 3 O K O W W F �O"FS qy O L C BRA K 0 Y Z O E W ROAD BOWMANVILLE STeEZBA 2011-0034 o AVE. SCHEDULE 3