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Home My WebLink AboutPSD-032-04 Cl!J!mglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 8, 2004 1)'<..j -ttGPA - lIa-o<4- By-law #: Clooq.- Dr" q Report #: PSD-032-04 File #: ZBA-2000-009 Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: LEGENDS CONSULTING ON BEHALF OF ST. STEPHEN'S ESTATES INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-032-04 be received; 2. THAT the application submitted by Legends Consulting on behalf of St. Stephen's Estates Inc. to remove the "Holding (H)" symbol be APPROVED for Block 84 on Plan 40M-2048; 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: Davi J. Crome, MCIP, R.P.P. Director of Planning Services ,-,,\ ~.-, Reviewed by:U,........ ::';'L--..:>4... Franklin Wu, Chief Administrative Officer SAIL T/DJC/ld March 1, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 () ~t "": REPORT: PSD-032-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Legends Consulting on behalf of St. Stephen's Estates Inc. 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding-Urban Residential Type One ((H)R1) Zone" to "Urban Residential Type One (R1) Zone". 1.3 Location: East side of Sprucewood Crescent, Block 84, Plan 40M-2048, Part of Lot 8, Concession 2, Bowmanville (Attachment 1). 2.0 BACKGROUND 2.1 Prior to final approval and registration of Plan 40M-2048, it was determined that the lands where Block 84 is now located were subject to erosion concerns and would require further approvals from the Municipality and the Conservation Authority. These lands were draft approved as three (3) single family dwelling building lots. 2.2 Rather than delay the registration of the plan, it was agreed that the three (3) draft approved lots would be shown on the 40M-plan as a block for future development. Development could only proceed once the erosion issues had been resolved. To that end, the "Holding (H)" symbol remained in effect for this property until such time as the slope stability work was completed to the satisfaction of the Municipality and the Conservation Authority. 3.0 STAFF COMMENTS 3.1 The Clarington Engineering Services Department and Central Lake Ontario Conservation Authority, following the approval of the required erosion control works, are now satisfied with the slope stability work that has been completed by the applicant to permit the development of three (3) residential building lots as draft approved. As a result of the slope stability work required, a small parcel of land along the rear of Block 84, identified as Part 4 on Plan 40R-22519 (Attachment 1) has been transferred to the Municipality for open space purposes. 3.2 A Part Lot Control By-law was approved by Council on June 23, 2003 to permit the development of the three (3) lots, pending the lifting of the holding symbol for Block 84. 3.3 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: 0-, / . Services and municipal works; . Measures to protect natural areas; . Measures to mitigate the impact of development; . Submission of technical studies; . Execution of appropriate agreements; andlor . 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 . The Owner has satisfied all the requirements of the Regional Municipality of Durham with respect to the provision of sewer and water services, regional roads and entered into any necessary agreements. The approval of a by-law to remove the holding symbol is appropriate at this time, as the provisions within the Municipality's and Region's Official Plan have been satisfied. 3.4 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 should Council grant approval of same. 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)" List of interested parties to be advised of Council's decision: Legends Consulting 4891 Dundas Street West Suite 3 Etobicoke, ON M9A 1 B2 St. Stephen's Estates Inc. 115 Woodstream Boulevard Unit 13 Woodbridge, ON L4L 8K5 " OJ,J ./ 6 \ "- \.'-.... , .,'b Cl .~ ,.,Q ,o....Cl ~"j ~ /' If' ..Q .p c:::- (l (!' ?:- o o a "",0\ " \'0'- << P 'Q O~~~ ,~ qO' ,,1 ~iI>' \ () ::c l"1 (/) () l"1 :z -l ~'t~ . . ~ 1 =-~ ...Co: !:::r;~ 1 ~ L. 0 T 80 . Zoning Change From U(H)R1U To uR1u Zoning To Remain U(H)R1U v ~ Bowmanville Key Map I ffim SPRUCEWOOOCRES ZBA 2001-020 w[M ~ ~OE"'P~E ~ ATTACHMEINT 1 Block 84, 40M-2048 Zoning By-law Amendment Owner: St. Stephens Estates Inc. ujl ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004, 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-2001-020; 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 ((H)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 2004 By-Law read a second time this day of 2004 By-Law read a third time and finally passed this day of 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk u J i~ . This is Schedule "A" to By-law 2004- passed this day of .2004 A.D. , U' -<l ..p c::. " <" .s:- o o <:l -- J n :0 .... 1Il n .... z .... j H~ LOT ~t1~ .I 60 . Zoning Change From "(H)R1" To "R1" ~~~i,!,i Zoning To Remain "(H}R1" John Mutton, Mayor Patti L. Barrie. Municipal Clerk ~ ~ Bowmanville' u j~' J