HomeMy WebLinkAboutPSD-042-04
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, April 19, 2004
Report #:
PSD-042-04
File #: ZBA 2004-011
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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
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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