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Home My WebLink AboutPSD-055-13 C REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 23, 2013 Resolution#: >-/ By-law#: A013 °0 Report#: PSD-055-13 File#: ZBA 2013-0017 Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: 2265719 ONTARIO INC. (NORTHGLEN — PHASE 1) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-055-13 be received; 2. THAT the application submitted by Tunney Planning Inc. on behalf of 2265791 Ontario Inc. to remove the (H) Holding Symbol be approved and that the attached By-law to remove the (H) Holding Symbol be passed; 3. THAT a by-law to remove the (H) Holding Symbol on subsequent phases of S-C 2007- 0004 be forwarded to Council once all conditions contained in the future subsequent subdivision agreements and as outlined in the Clarington Official Plan with respect to the removal of the (H) Holding Symbol are satisfied; 4. THAT Council's decision and a copy of Report PSD-055-13 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation (MPAC); and 5. THAT all interested parties listed in Report PSD-055-13 and any delegations be advised of Council's decision. Submitted by: t� Reviewed by:� a i4Jr6i'n e, MCIP P Franklin Wu, Director of Planning Services Chief Administrative Officer CS/CP/av/df/nl 16 September 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-055-13 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant: Tunney Planning Inc. 1.2 Owner: 2265719 Ontario Inc. 1.3 Proposal: Removal of Holding (H) Symbol from: "Holding-Urban Residential Exception ((H) R1-75) Zone " to "Urban Residential Exception (R1-75) Zone"; "Holding-Urban Residential Exception((H) R2-65) Zone" to "Urban Residential Exception(R2-65) Zone"; and "Holding-Urban Residential Exception ((H) R2-66) Zone" to "Urban Residential Exception(R2-66) Zone". "Holding-Urban Residential Exception ((H) R2-67) Zone" to "Urban Residential Exception(R2-67) Zone". "Holding-Urban Residential Exception ((H) R2-68) Zone" to "Urban Residential Exception(R2-68) Zone". "Holding-Urban Residential Exception ((H) R2-69) Zone" to "Urban Residential Exception(R2-69) Zone". "Holding-Urban Residential Exception ((H) R3-35) Zone" to "Urban Residential Exception (R3-35) Zone". 1.4 Location: All lots and blocks in Plan 40M-2497, being Part Lot 13, 14, & 15, Concession 3, former Township of Darlington (see Figure 1). 2. BACKGROUND 2.1 On June 12, 2013 an application was submitted requesting that the (H) Holding Symbol be removed from Plan 40M-2497, registered on August 7, 2013. 2.2 Draft Plan of Subdivision S-C 2007-0004 was initially draft approved in 2008 with minor amendments in 2009 and 2011 (see Figure 1). Registered Plan 40M-2497 is the first of many phases in Draft Plan of Subdivision S-C 2007-0004 to be registered (see Figure 2). There are lands in 40M-2497 that were not part of the first registration because of sanitary sewer capacity constraints at the Port Darlington Water Pollution Control Plant. It is likely that these lots will be registered in the next phase once capacity is available, Spring 2015. Also the lots fronting on the west side of Edwin Carr Street cannot develop as they fall within the area of influence of Abe's Auto Wrecking Yard to the east, and must await the auto wrecking use to cease. X m 0 \ Property Location Map(Bowmanville) X Z � O TAUNUS CT Cn • Subject Site O f O O _T �v.I009 G-T ER o p � I w (D GAUDG H NORTHGLEN BOULEVARD 'o � r � w � w RICHARD DAVIES CR ROBB LANE � ¢ aJ _¢ I SIDNEYRUNDLE AV O SIDNEY RUNDLE AV ? F z w TER WAS, RICHARD DAVIES CR CAREY LANE GE GEWEBS C > O O KENNETH COLE DR O 1 3 Subject Lands 1 0 1 0 I I N CONCESSION ROAD 3 7� r ZBA 2013-0017 YG) W PAGE 4 REPORT NO.: PSD-055-13 Figure 2 li�� i l 4r I I I I S it--- I I I I-- I �9 J, 1, �Bk Mv B(p(ip O THOLEN I B8 YCiY°1 BOE[AJtD BLO N NORYNOLEN 80ULEVARD_ i ____ ocrAw•0.3 >E� ml z —� A G F i NOT PART y OF SUBDIVISION BB II 11 'S� RICHARD DAVIESICRESCENY i i '{ , ROBB LANE • BVO f 1�9 I I x'°� is�ilg q BLOCK 121 BLOCK 128 $ $ — '$11 fit Fit { 81-� I.k�iSJto SIDNEY RUNDLE(AVENUE ( �i- SIDNEY RUNDLE AVENUE 99 N11 "I ;0 DETNI•F'.x.na i,•°°1 i, ,i ,i• ... u. .... wl as �r p 0 x � BLOat�le�� RICHARD DAVIES CAESCEN7 i - I �«CARE Y LANE I 06 era BIwOCAfn442 - , j, �t E .nww ..,o. IE NOT PART w�OF SUBDIVISION- ; iw I M{� 12po+I B-OC�>rY 1 nvwa[ n I-7� aw vw u»7 .� Is?Isa 10 V, �F i KENN^TH COLE DRIVEm� 4°'�' ••S � I �;� �� B,L,°SiLlg° ♦ 4 I 15 �F I 19 NOT PART ' z OF SUBDIVISION �� ;� �i �� REPORT NO.: PSD-055-13 PAGE 5 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 site is currently zoned: "Holding-Urban Residential Exception ((H) R1-75) Zone ", "Holding-Urban Residential Exception ((H) R2-65) Zone", "Holding-Urban Residential Exception ((H) R2-66) Zone", "Holding-Urban Residential Exception ((H) R2-67) Zone" , "Holding-Urban Residential Exception ((H) R2-68) Zone", "Holding-Urban Residential Exception ((H) R2-69) Zone", and "Holding-Urban Residential Exception ((H) R3-35) Zone". Council must be satisfied that the provisions of the Official Plan are met prior to removing the Holding symbol and no building permits can be issued. The applicant has entered into a subdivision agreement with the Municipality and there are no concerns with lifting the `H' symbol for Phase 1. 3.3 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. 3.4 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 lots and blocks in 40M-2497, as shown on the attached By-law and schedule (Attachment 1) is recommended. In addition, a by-law to remove the (H) Holding Symbol on subsequent phases of S-C 2007-0004 will be forwarded to Council once all conditions contained in the corresponding subdivision agreement and as outlined in the Clarington Official Plan with respect to the removal of the (H) Holding Symbol are satisfied. REPORT NO.: PSD-055-13 PAGE 6 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: Kevin Tunney Domenic Tassone ATTACHMENT TO REPORT PSD-055-13 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2013- being a By-law to amend By-aw 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 to permit the development of 103 single detached dwellings, 30 semi-linked units and 47 townhouse units 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 "3" (Bowmanville)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding-Urban Residential Exception ((H)R1-75)Zone"to"Urban Residential Exception (R1-75)Zone'; "Holding-Urban Residential Exception ((H)R2-65)Zone"to"Urban Residential Exception (R2-65)Zone'; "Holding-Urban Residential Exception ((H) 132-66)Zone"to"Urban Residential Exception (R2-66)Zone"; "Holding-Urban Residential Exception ((H)R2-67)Zone"to"Urban Residential Exception (R2-67)Zone"; "Holding-Urban Residential Exception ((H) R2-68)Zone"to"Urban Residential Exception (R2-68)Zone'; "Holding-Urban Residential Exception ((H)R2-69)Zone"to"Urban Residential Exception (R2-69)Zone"; and "Holding-Urban Residential Exception ((H) R3-35)Zone"to"Urban Residential Exception (R3-35)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 2013. Adrian Foster, Mayor This is Schedule "A" to By-lave 2013- , passed this day of , 2013 A.D. Zoning Change From y� -' "_"__ ® (H)R1-75"To"R1-75" Q �F _-=_ =__=-'__ Zoning Change From O ==__ ________ "(H)R2-65"To"132-65" J Zoning Change e From z j tq; "(H)R2-66"To"R2-66" S Zoning Change From w S ED "(H)R2-67"To"R2-67" ' Zoning Change From :;:;:?; :•' ;:: .'0'.::.':: ,•: "(H)R2-68"To"R2-68" : �f£1L+1 Y.. E III IT7L•• :V7r:;:��' f} .0 Zoning Change From =► "(H)R2-69"To"R2-69" 'Q:••: :U. Zoning Change From "(H)R3-35"To"R3-35" ul' '�'�'`�'�' '�'' �•�: � Zoning To Remain"A" ':`I�1�3:Ifsl�G7:13[t1tl��: 1<u'�•�''' .. .... :.;.; yy�� ® Zoning To Remain"A-1" Not Part of Registered Plan of Subdivision 40M-2497 � N CONCESSION ROAD 3 Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk N ® Registered Plan of Subdivision 40M-2497 Not Part Of Registered Plan ® of Subdivision 40M-2497 ONCE ON OA03 ZBA 2013-0017 Northglen West,Phase 1 BOWMANVILLE ® ® ReS CHED'ULEI3ing WEBER