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Home My WebLink AboutPD-043-01 ~ ,; DN: P043-01 ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Report #: PD-043-01 FILE #: ZBA 2000-009 File # PlY J.br1Jti>> 0:)1 Res. tt&//l-:251-o ( BY-Iaw#~1J1 Meeting: General Purpose and Administration Committee Date: Monday, April 23, 2001 Subject: APPLICATION FOR REMOVAL OF HOLDING APPLICANT: ST. STEPHENS ESTATES INC. PART LOT 8, CONCESSION 2, FORMER TOWN OF BOWMANVILLE FILE NO.: ZBA 2000-009 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD-043-0 I be received; 2. THAT the attached by-law to remove the Holding (H) symbol be APPROVED and forwarded to the Regional Municipality of Durham pursuant to Section 34 of the Planning Act; 3. THAT the request for Removal of Holding with respect to 18T-88037, Phase 2, save and except Block 353 and Lots 341, 342 and 343 (as shown on Attachment 1) be APPROVED; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION 1.1 1.2 Applicant: Rezoning: St. Stephens Estates Inc. Removal of "Holding (H)" symbol from: i) "Holding-Urban Residential Type One ((H)Rl)" to "Urban Residential Type One (Rl)"; ii) "Holding-Urban Residential Exception ((H)RI-43)" to "Urban Residential Exception (RI-43)"; iii) "Holding-Urban Residential Type Two ((H)R2)" to "Urban Residential Type Two (R2)"; and iv) "Holding-Urban Residential Exception ((H)R2-15)" to "Urban Residential Exception (R2-15)". 655 .- REPORT NO.: PD-043-0l PAGE 2 1.3 Location: Part Lot 8, Concession 2, former Town of Bowmanville (Attachment I). 2. BACKGROUND 2.1 On March 13, 2000, Staff received a request from Landcrest Development Management on behalf of St. Stephens Estates Inc. for the removal of the "Holding (H)" provision from the lands associated with Plan of Subdivision 18T-88037, Phase 2. Attachment I shows the location of the lots zoned with the Holding symbol. 3. STAFF COMMENTS 3.1 The subject property is presently zoned "Holding-Urban Residential Type One ((H)Rl)", "Holding-Urban Residential Exception ((H)RI-43)", "Holding-Urban Residential Type Two ((H)R2)", "Holding-Urban Residential Exception ((H)R2-15)". The provisions of the Zoning By-law allow for the removal for the "Holding (H)" symbol, by By-law, upon Council being satisfied that the uses to be permitted will be adequately serviced, have appropriate access, and will be used for the purpo~es intended by the By-law. 3.2 Although the applicant applied approximately one year ago, Phase 2 of the Draft Approved Plan of Subdivision 18T-88037 was not registered at that time. As the owner expects to register Phase 2 imminently, Planning Staff have now forwarded this report to Council. Phase I of this subdivision was registered on August 31, 1999 and the existing subdivision agreement is applicable for all phases of development and does not require amendment or modifications. 3.3 Block 353 of 18T-88037, a multiple housing block, requires a site plan agreement to be entered into with the Municipality, as per the subdivision agreement, prior to development. Thus the Holding symbol is not being removed on Block 353 at this time. 3.4 Lots 341, 342 and 343 abut the valleylands of the Soper Creek and require further approvals from Central Lake Ontario Conservation and the Clarington Public Works Department. These lots will not be developed at this time. 656 ~ REPORT NO.: PD-043-0l PAGE 3 3.5 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 should Council grant approval of same. 4. 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. Respectfully submitted, Reviewed by, d ~~~~~~~ 1/:1 Da me, M.C.I.P., RP.P. Direc fPlanning & Development SA*LT*DC*df Franklin Wu, M.C.I.P., RP.P. Chief Administrative Officer. 12 April 2001 Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding (H) Interested parties to be notified of Council and Committee's deCision: St. Stephens Estates Inc. c/o 633 Edgeley Boulevard CONCORD, Ontario L4K 4H6 Landcrest Development Management 633 Edgeley Boulevard CONCORD, Ontario L4K 4H6 657 - ATTACHMENT 1 _ SUBJECT SITE LOT 9 LOT 8 N w Z :::> z 0 w - ~ en en w [E1HJ () Z 0 () (f) Z 0::: L5 cnHE s. BOWMANVILLE KEY MAP ZBA 2000-009 658 I r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2001- being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality ofClarington deems it advisable to amend By-law 84-63, as amended, ofthe Corporation of the former Town of Newcastle to implement ZBA 2000-009; 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: i) "Holding-Urban Residential Type One ((H)RI)" to "Urban Residential Type One (RI)"; ii) "Holding-Urban Residential Exception ((H)RI-43)" to "Urban Residential Exception (RI-43)"; iii) "Holding-Urban Residential Type Two ((H)RZ)" to "Urban Residential Type Two (RZ)"; and iv) "Holding-Urban Residential Exception ((H)RZ-15)" to "Urban Residential Exception (R2-15)" 2, Schedule "A" attached hereto shall form part of the By-law, 3, This By-law shall come into effect in the date of passing hereof, subject to the provisions of Sections 34 and 36 ofthe Planning Act. BY-LAW read a first time this day of 2001 BY-LAW read a second time this day of 2001 BY-LAW read a third time and finally passed this day of 2001. John Mutton, Mayor Patti L. Banie, Municipal Clerk ATTACHMENT 2 This is Schedule II A"" passed this day to of By-law 2001- , 2001 A.D. , Block 81 Block 82 w => z w ~ (f) Z 0::: L5 :::iE Future Development Block 83 / / ( / I \ \ \ \ \ \ N Z o (f) Ul W () Z o () In<1 ZONING CHANGE FROM "(H)Rl" TO"Rl" ~ ZONING CHANGE FROM "(H)Rl-43" TO "Rl-43" ~ ZONING CHANGE FROM "(H)R2" TO "R2" _ ZONING CHANGE FROM "(H)R2-15" TO"R2-15" t John Mutton, Mayor LOT 8 .h... ~::}~::;r~~:: ',.:.50:::'::;:", ".:.:.:49X:::\ ".):48=::::::::, ':":'47,:,:,:,:, :::'46:'::;:;:;: :~:45:.:::~:::: :::::'44~:::::~ ~::'4S::::::::: :':"42:::::;:;::: ,;-:41>:-:,:,;,;,; ;:;:;:,12:::';';::' "- N.W. Angle of Block 147 Pion 4OM-1977 Patti L Barrie. Municipal Clerk BOWMANVILLE 660