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Home My WebLink AboutPSD-053-13 Clarftwn REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 23, 2013 Resolution#: °/ By-law#: � Report#: PSD-053-13 File#: ZBA 2013-0022 Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: H & H PROPERTIES INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-053-13 be received; 2. THAT the application submitted by D.G. Biddle and Associates on behalf of H & H Properties Inc. to remove the (H) Holding Symbol on Parts 1 to 6 on 40R-27997 be approved and that the attached By-law to remove the (H) Holding Symbol be passed; 3. THAT once approval has been granted for the creation of Part 7 on 40R-27997 and any conditions imposed by the Land Division Committee for application LD075-2012 and as outlined in the Clarington Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be forwarded to Council for approval; 4. THAT Council's decision and a copy of Report PSD-053-13 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation (MPAC); and 5. THAT all interested parties listed in Report PSD-053-13 and any delegations be advised of Council's decision. Submitted by: Reviewed by: -- ffavidWcrome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer CS/CP/nl/av/nl 11 September 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO. PSD-053-13 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant: D. G Biddle and Associates 1.2 Owner: H & H Properties Inc. 1.3 Proposal: Removal of (H) Holding Symbol from: "Holding — Urban Residential ((H)R1) Zone " to "Urban Residential (R1)" Zone; 1.4 Location: Parts 1 to 7 on Plan 40R- 27997, located on the north side of Gord Vinson Drive, east of Townline Road, being Part Lot 35, Concession 2, former Township of Darlington (see Figure 1). Figure 1 N Property Location Map(Courtice) q N _�. Y DR OWHSPEET U) R Subject cc) ° Site g W niov»•c ncsi onmE �� i Z GORD VINSON AVENUE �n E c �E,uig —L 0 _ O Legend Subject Lands KILGANNON AVENUE Lands Subject To Removal ®Of Holding Symbol(H) ZBA 20130022 REPORT NO.: PSD-053-13 PAGE 3 2. BACKGROUND 2.1 On August 23, 2013 an application was submitted requesting that the (H) Holding Symbol be removed from Part 1 to 7 on Registered Plan 40R 27997. Parts 1 to 6 were approved through applications to the Land Division Committee for the creation of semi- detached/link lots with 24 metre minimum lot frontages. The consent application for Part 7 (LD075-2012) was tabled by the Land Division Committee until it could be determined that these lands would not be required to access the balance of the retained lands. 3. STAFF COMMENTS 3.1 The (H) Holding Symbol is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to development and redevelopment of the lands. This includes: servicing, access, protection of natural areas, measures to mitigate the impact of development, submission of required studies, execution of agreements and any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. 3.2 The subject property is zoned "Holding — Urban Residential ((H)R1) Zone". Council must be satisfied that the provisions of the Official Plan are met prior to removing the Holding Symbol and building permits can be issued. The applicant has entered into an agreement with the Municipality and there are no concerns with lifting the 'H' Symbol for Parts 1 – 6. 3.3 Staff have met with the applicant to discuss a proposal for the development of the balance of these lands. At the time, the applicant had a concept for a multiple unit residential development. Details with respect to the access for the future development were undetermined at the time; as such staff recommended to the Land Division Committee to table LD075-2012 until such time as the relevant planning applications were submitted with all supporting documentation and access to the site could be evaluated by Staff. Therefore, Staff are not recommending the removal of the (H) Holding Symbol on Part 7. 3.4 A Zoning By-law Amendment to remove the (H) Holding Symbol cannot be appealed and shall be deemed final and binding upon Council's approval. 3.5 All property taxes have been paid in full. 4. CONCURRENCE - Not applicable 5. CONCLUSION 5.1 In consideration of the comments noted above, approval of the removal of the (H) Holding Symbol for Parts 1 to 6 on 40R-27997, as shown on the attached By-law and schedule (Attachment 1) is recommended. Furthermore, staff recommend that a by-law REPORT NO.: PSD-053-13 PAGE 4 to remove the (H) be forwarded directly to Council, if and when the approval for consent application for Part 7 on 40R-27997(LD075-2012) is granted and the applicant has entered into the appropriate development agreement with the Municipality of Clarington in keeping with Official Plan policies. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Cynthia Strike Attachments: Attachment 1 - Zoning By-law Amendment to Remove `H' Symbol List of interested parties to be notified of Council's decision: D.G Biddle and Associates H&H Properties Inc. ATTACHMENT1 TO PSD-053-13 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2013- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Municipality of Clarington 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 Municipality of Clarington for ZBA 2013-0022 to permit the development of 12 semi-detached/linked dwellings on the subject lands; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1.. Schedule "4" (Courtice)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding—Urban Residential ((H)R1)Zone"to"Urban Residential (R1)Zone"; as illustrated on the attached Schedule"A"hereto. 2. Schedule"A"attached hereto shall form part of the By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW passed in open session this day of 12013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 20'13- passed this day of , 2013 A.D. 1(70'124.00 24.00 15.00 24.00 24.00 24.00 24.00 '..� �i d 0 W L04 4 ::tbbb:.gm Z 22242 �PIBAIEA51 I SIB N70'1390'E IMEAS} Z 3: GORD VINSON AVENUE 0 t— N ® Zoning Change From"(H)R1"To"R1" Zoning To Remain"(H)R1" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk TURNBERRY CRESCENT FRD e R FT> BLOOR STREET cq os'Gs o S `S 0 o v 0 9 a \ w o � � DEWELLCR GORD VINSON AVENU eA'N \ NAVENUE FRANKWMEELERAVE OEWELLCR �I Co u rti ce ZBA 2013-0022 a MONTAGUEAVE BATNGATECRESCE1fT � Q SGHEDULE4