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Home My WebLink AboutPSD-062-04 ~ , Cl!1l-!lJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 7, 2004 Report #: PSD-062-04 File #: ZBA 2004-020 Kcs. '.{j-l/h'-)77-0'f By-law #: ;2001-1 o.f7:J Subject: APPLICATION FOR REMOVAL OF HOLDING APPLICANT: MIDDLE ROAD DEVELOPMENTS INC. PART LOT 13, CONCESSION 2, FORMER TOWN OF BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-062-04 be received; 2. THAT the application submitted by Middle Road Developments Inc. to remove the Holding (H) symbol be APPROVED and that the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: , " t' (' I' \l ,,lg<- l ..~. l L i-t Franklin Wu, Chief Administrative Officer D i . Crome, M.C.I.P., R.P.P. Direc or of Planning Services TW/L T/DJC/df 27 May 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830 627 REPORT NO.: PSD-062-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Middle Road Developments Inc. 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding-Urban Residential Type One ((H)R1)", "Holding-Urban Residential Type Two((H)R2)", and "Holding-Urban Residential Exception ((H)R2-8)" to "Urban Residential Type One (R1)", "Residential Type Two(R2)", and "Urban Residential Exception (R2-8)". 1.3 Location: Draft Plan of Subdivision 18T-87086 Part Lot 13, Concession 2, Former Town of Bowmanville (Attachment 1). 2.0 BACKGROUND 2.1 On April 30, 2004, Staff received a request from Tunney Planning Inc., on behalf of Middle Road Developments Inc. for the removal of the "Holding (H)" symbol from Draft Plan of Subdivision 18T-87086. 3.0 COMMENTS 3.1 The "Holding (H)" symbol currently applies only to Lots 1 to 85 and Blocks 99-103 on draft approved plan of subdivision 18T-87086, as amended (see Attachment 1). Council in 1977 approved a by-law lifting the holding symbol on the lots (86 to 96) located on the north and south sides of Scugog Street. The previous Owner at that time wished to proceed with the development of these lots as a first phase registration. An agreement was not completed and the development of the draft plan of subdivision was put on hold by the Owner. The conditions of draft approval for 18T-87086 acknowledged that Blocks 99 to 103 could only be developed in conjunction with the lands immediately to the east. Inasmuch as the abutting lands have not proceeded to registration, the holding symbol affecting Blocks 99 to 103 is not being removed at this time. 3.2 The current Owner is in the process of finalizing a subdivision agreement to secure sufficient financial guarantees to ensure the completion of draft plan of subdivision 18T- 87086. 3.3 The Finance Department has indicated that the taxes are up to date for the subject properties. 628 REPORT NO.: PSD-062.04 PAGE 3 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 3) is recommended. Attachments: Attachment 1 - Key Map for Removal of Holding Application Attachment 2 - By-law for Removal of Holding (H) List of interested parties to be advised of Council's decision: Peter Tanenbaum Middle Road Developments Inc. 1050 Finch Avenue West, Suite 201 Downsview, ON M3J 2E2 Kevin Tunney Tunney Planning Inc. 340 Byron Street South, Suite 200 Whitby, ON L 1 N 4P8 629 ZBA 2004-020 Zoning By-law Amendment . D CQ.\JCESSION ~ r-_ If' o o , " Lands Subject to Removal of Holding Other Lands Owned By Applicant Bowmanville Key Map , ~~ ffi ill ~I ATTACHMENT 1 J Owner: Middle Road Developments Inc. 630 ATTACHMENT 2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- being a By-iaw to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastie WHEREAS the Council of the Corporation of the Municipality of Clarlngton deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2004-020; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipaiity of Clarington enacts as follows: 1. Schedule "1" 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"; "Holding-Urban Residential Type Two ((H)R-2) Zone" to "Urban Residential Type One (R1) Zone"; "Urban Residential Type Two (R2) 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 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 6 31 Patti L. Barrie, Municipal Clerk This is Schedule II A" to By-law 2004- passed this day of , 2004 A.D. L ATO JJl fI'IT ~rIT < , > , <- < c ;1: ~ ~ ~ >, 7,"'0 :: ~! .. I ... ",;11'( J:1\~ I,"\\~\\ :<~ ~ '-, :,\ \ ~ ~p I I \ ' ,", 11-'I~'~ I >--nIl I .., I b'I"":III/1fJ I 1'- 'O-~ , I IlI~y~x:: II ~~ , V%"'~ I I': 0 ;;: '. " V- I~ - r:: - -----i!f~ E I c-- ~ " \ }~~~ fA -=-.=-j ~- =- == J John Mutton, Mayor t?ZZI ~..._......~ '_'_"'H" ~ ~ ~ Zoning Change From "(H)R1" To" R1" Zoning Change From "(H)R2" To "R2" Zoning To Remain "(H)R2-S" Zoning To Remain "R1" Zoning To Remain "R2-9" Patti L. Barrie, Municipal Clerk BOWMANVILLE , 632