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Home My WebLink AboutPSD-034-05 . .. ". Clfll-!lJglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 7th, 2004 Report #: PSD-034-05 File #: ZBA 2004-059 N-C/: /}JJI/ /;JO-O:- By-law #: c')tJO$' DLf D Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: PORT OF NEWCASTLE HOMES LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-034-05 be received; 2. THAT the application submitted by Port of Newcastle Homes Limited to remove the Holding (H) symbol be APPROVED for Lots 1-19 on Plan 40M-2226; 3. THAT the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Reviewed bn .,.te.. ~ J?~n.... Franklin Wu Chief Administrative Officer CS/CPIDJC/df 24 February 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 637 REPORT NO.: PSD.034-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 1.2 Rezoning: 1.3 Location: Port of Newcastle Homes Ltd. Removal of "Holding (H)" symbol Part of Lot 29, BFC, former Township of Clarke (Attachment 1) 2.0 BACKGROUND 2.1 On December 8, 2004, Staff received an application from Port of Newcastle Homes Limited for the removal of the "Holding (H)" symbol on Lots 1 to 19 as shown on 40M-2226. Removal of the holding symbol will permit the construction of 38 semi-detached/link dwelling units. 3.0 STAFF COMMENTS 3.1 The applicant has entered into a subdivision agreement with the Municipality and registered the draft plan of subdivision under plan number 40M-2226. Provisions within the subdivision agreement require the developer to ensure that sufficient financial guarantees are provided to the Municipality for the completion of all works within the plan of subdivision. 3.2 The subject property is presently zoned "Holding-Urban Residential Exception ((H)R1-39)", Policies within the Municipality's Official Plan permit the use of holding symbols to ensure that prior to development the following matters are addressed and approved to the satisfaction of the Municipality: . Services and municipal works; . Measures to protect natural area; . Measures to mitigate the impact of development; . Submission of technical studies; . Execution of appropriate agreements; and/or . Any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. Similarly, within the Region's Official Plan, policies are in place noting that prior to a local Municipality's passage of a by-law to remove a holding symbol, Council is to ensure that: . The development is consistent with the orderly and phased development of the Municipality; . The Owner has satisfied all of the requirements of the Municipality and entered into any necessary agreements in that regard, and; 638 REPORT NO.: PSD-034-05 PAGE 3 . The Owner has satisfied all the requirements of the Regional Municipality of Durham with respect to the provisions of sewer and water services, regional roads and entered into any necessary agreements. The approval of a by-law to remove the holding symbol from registered plan 40M-2226 is appropriate at this time, as the provisions within the Municipality's and Region's Official Plan has been satisfied. 3.3 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. 3.4 The Finance Department has advised that taxes on the site are current. 4.0 RECOMMENDATIONS 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. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of "Holding (H)" symbol List of interested parties to be advised of Council's decision: Port of Newcastle Homes Ltd. 639 ~ ,~~ Il-mooo ~ [~,;~~ . ~.~~., NJr5rto"!: 111-1l~ 1.1 rl ~'rll,cn:l~~ -~b.! ..n-~ { , ..m ;;; 11.lilO 5"""""'"1: I 8 ~1,fE .. 'L~'" ~ '" ] J .Ia'"~'~ Il-~.OOCI .u.c.2.l" NlaW~ ,.. Nl1!>tlo"r. ~ . J Newcastle Key Map _.~ ,n........ ~ ~f ;j; &A ~ -Je I '" :::; o v v ~1 '-', 3. '" !;! ir o w z"" 5~ 0.<..> " '1! "- o h '" o a. 1 2i~ 6'11 o,~ cSef z ::5 ~ :1 15, ~ '" ",fiB ATTACHMENT 1 CALOW CRESCI ~ ~ ~ o ~ ~ ~! <..> 0_ -'8 r--.. '" ~ ~ o ~ CALDWEll CRESCENT o "" i5D 0, a5S'J. '" ;, 15, ~s '" ~ o ~ ZBA 2004-057 Zoning By-law Amendment 40M-2226, Lots 1 to 19 incl. Owner: 1138337 Ontario Inc. 640 ATTACHMENT 2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005. 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 former Town of Newcastle to implement ZBA 2004-059; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows; 1, Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding-Urban Residential Exception ((H) R1-39) Zone" to "Urban Residential Exception (R1-39) Zone" 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 2005 BY -LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk. 641 This is Schedule "A" to By-law 2005- passed this day of .2005 A.D. I- I I I I I I I I I I I I I . ~ I "I' ~ ~ u m o~ ;':' -J~ I m ~ " ...""'... ".'" './D.",", r~';~~ I", ~ ....O.!~ ,~ ~,! "- "''''0 , -,Ll~Ic:l I "~" A '--=-1' 'C... I "'Uif' -.~ oM:";~:':-lf 20 """',11.J I .,,,r,..., I ~ '0" ""~",t, i .,,,,,o,t, MIWGAN S1REET , ~ ~I_UGAN 2ft ~!ilMS~Gfi . 0' 55.;!t :)1 29 II HODNETT CRESCENT I , m '" i5i 3; Ie m " a ~ 2~ ~- ~~ Q ~ U ), ~ .$i HOO~ETT :::rl 2 f~ CRESCENT 6'J :::, ,.~o~ l- ii5'.e.t ~ Q : ;r g.( ~e m i , ! ~~ J~ '=l~ ""v,'~ -- ;r ~ ~~ 0' ii!' . ~ Ni8 v.?'/-V:l Zoning Change From"(H)R1-39" To "R1-39" , CALJW:: CRESC~ ~ N - 3 - ~ - 3 5p :ALDWE_L<^'<D CRESC::N, 3j m~ 5 ~ u 0' .r g John Mutton, Moyor Patti L. Barrie, Municipal Clerk ,JL-==--==--==-_ ...L.J I SUbject Lands :::::, Newcastle , ~ > 6!12