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HomeMy WebLinkAboutPSD-042-04 , ~~!Jl-!lJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 19, 2004 Report #: PSD-042-04 File #: ZBA 2004-011 {jf'f,I :.J- IS- '0 q By-law #:;2o:::/-f-{) J''7 Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: DUNBURY HOMES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-042-04 be received; 2. THAT the application submitted by Dunbury Homes to remove the Holding (H) symbol be APPROVED for Blocks 129 to 138 all on Plan 40M-2096; 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: a i J. Crome, M.C.I.P., R.P.P. DireCtor, Planning Services Reviewed bL'j ~~ ~ Franklin Wu Chief Administrative Officer L T*DJC*lw April 2, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 607 REPORT NO.: PSD-042-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Dunbury Homes 1.2 Rezoning: Removal of "Holding (H)" symbol 1.3 Location: Part of Lot 9, Concession 2, former Town of Bowmanville (Attachment 1) 2.0 BACKGROUND 2.1 On March 31, 2004, Staff received an application from Dunbury Homes for the removal of the "Holding (H)" symbol on Blocks 129 to 138, all as shown on 40M Plan (Draft Plan of Subdivision 18T-99018). Removal of the holding symbol will permit the construction of ten (10) single family dwelling units. 2.2 Council at their May 14,2001, meeting approved By-law 2001-88 removing the holding symbol from the Lands within draft plan of subdivision 18T-99018, save and except Blocks 129 to 138, now shown on registered plan 40M-2096. 2.3 The holding symbol was not removed in May 2001 as the development of Blocks 129 to 138 required the construction of a municipal road allowance through the development of the lands immediately to the south of draft plan 18T-99018. 2.4 The lands in question have now proceeded to registration, providing municipal access to Blocks 129 to 138. The removal of the holding symbol will now permit the development of the last remaining portions within draft plan of subdivision 18T-99018. 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-2096. 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)R1-26)". 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; 608 REPORT NO.: PSD-042-04 PAGE 3 · 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; · 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 the remainder of registered plan 40M-2096 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 609 REPORT NO.: PSD-042-04 PAGE 4 Interested parties to be notified of Council's decision: Dunbury Homes 3845 Bathurst Street Suite 103 Toronto, ON M3H 2H2 61.0 J\TTACHMEHT 1 This is Schedule "A" to By-law 2004- passed this day of . 2004 A.D. 68 128 127 126 125 124 123 122 121 120 119 118 67 40M 2096 66 65 64 63 Block 102 STEPHENS GULCH DRIVE 60 80 79 78 77 61 40M-2172 ~ Zoning Change From "(H)R2-26" To "R2-26" John Mutton, Mayor , Patti L. Barrie, Municipal Clerk J ~ LONGWORTH AVENUE ~! ELOAD ORNE SUBJECT SITE w '" ;- V> '" Z Y o o '" '" w :> z w ~ V> Z '" i::\ " \\ ~ ) J 611 " CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-Iawfor 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 2004-011; 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 Exception ((H)R2-26) Zone To: Urban Residential Exception (R2-26) 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 ~ 612 ATTACHMENT 2