HomeMy WebLinkAboutPSD-052-05
REPORT #2
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REPORT
PLANNING SERVICES
Meeting:
COUNCil
Report #:
PSD-052-05
File #: ZBA 2005-009
M.e~* " t -[ Cj If -DS
By-law #: 02005" ~ 0'" ~
Date:
Monday, April 18, 2005
Subject:
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: VELTRI AND SONS LIMITED
RECOMMENDATIONS:
It is respectfully recommended to Council, the following:
1. THAT Report PSD-052-05 be received;
2. THAT the application submitted by Veltri and Sons Limited to remove the Holding
(H) symbol from Registered Plan 40M-2242 (Longworth Estates, Phase II), be
approved FORTHWITH;
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.
Submitted by:
Reviewed by6 NfA'<."- Q ~
Franklin Wu
Chief Administrative Officer
a . J. Crome, M,C,I.P., R.P.P.
Director, Planning Services
CS/CP/DJC/df
13 April 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-052-05
PAGE 2
1,0 APPLICATION DETAilS
1.1
1.2
1.3
Applicant:
Rezoning:
Location:
Veltri and Sons Limited
Removal of "Holding (H)" symbol
Part of Lot 13, Concession 2, former Town of Bowmanville
(Attachment 1 )
2.0 BACKGROUND
2.1 On April 12, 2005, Staff received an application from Veltri and Sons Limited for
the removal of the "Holding (H)" symbol on Lots 1-44, as shown on 40M-Plan
2242 (Draft Plan of Subdivision 18T-88051 Longworth Estates, Phase II).
Removal of the holding symbol will permit the construction of forty-four (44)
single family 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-2242. 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 Type One
((H)R1)". 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;
REPORT NO.: PSD-OS2-0S
PAGE 3
· The Owner has satisfied all of the requirements of the Municipality and
entered into any necessary agreements in that regard, and;
· 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-2242 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.
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
Interested parties to be notified of Council's decision.
Mario Veltri
ATTACHMENT 1
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JA.CkM. LOT 10
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ZBA 2005-009
Zoning By-law Amendment
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Owner: Veltri and Sons Limited
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 2005-009;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Holding-Urban Residential Type One (R1) Zone" to "Urban Residential Type
One (R1) 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 Sections 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
PaUi L. Barrie, Municipal Clerk
ATTACHMENT 2
This is Schedule "A" to By-law 2005-
passed this day of . 2005 A.D.
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Zoning Change From I(H)R1" To IR1"
Zoning To Remain "EP"
John Mutton, Mayor
Patti L Barrie, Municipal Clerk
LONGWORT~ AVENUE
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