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Planning Services
Report
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Report To: Planning and Development Committee
Date of Meeting: April 23, 2018
Report Number: PSD -038-18 Resolution: PD -078-18
File Number: ZBA 2017-0036, 18T-87083 By-law Number:
Report Subject: An application by CM Planning Inc. on behalf of 2408406, 2408426
and 2408428 Ontario Inc. for Removal of "(H) Holding" Symbol to
permit a model home/sales office in a Draft Approved Plan of
Subdivision, Newtonville
Recommendations:
That Report PSD -038-18 be received;
2. That the application to remove the "(H)" Holding Symbol submitted by CM Planning Inc.
on behalf of 2408406, 2408426 and 2408428 Ontario Inc. to permit a model home/sales
office be approved as contained in Attachment 1 to Report PSD -038-18;
3. That the once all the conditions contained in the Official Plan with respect to removal of
the "(H)" Holding Symbol on the balance of the lands are satisfied, the By-law
authorizing removal of the "(H)" will be forwarded to Council for approval;
4. That the Region of Durham and the Municipal Property Assessment Corporation be
forwarded a copy of Report PSD -038-18 and Council's decision; and
5. That all interested parties listed in Report PSD -038-18 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report PSD -038-18
Page 2
Report Overview
The purpose of this application is to remove the "(H)" Holding symbol to permit the construction
of one model home/sales office in a Draft Approved Plan of Subdivision.
The report is also recommended that a By-law authorizing the removal of "(H)" on the balance
of the lands to permit 28 residential lots, be forwarded to Council for approval once all
obligations have been met. The subdivision is located east of Regional Road 18 (Newtonville
Road) and north of Highway 401, in the hamlet of Newtonville.
1. Application Details
1.1 Owner:
1.2 Applicant:
1.3 Proposal:
1.4 Area:
1.5 Location:
1.6 Roll Number:
2408406, 2408426 and 2408428 Ontario Inc.
CM Planning Inc. on behalf of 2408406, 2408426 and
2408428 Ontario Inc.
Removal of "(H)" Holding Symbol from the Hamlet
Residential Exception (RH-17) Zone
23.18 hectares
North side of Highway 401, east of Newtonville Road, Part
Lot 8, Concession 1, in the Hamlet of Newtonville (Figure 1)
18-17-030-010-09100
1.7 Within Built Boundary: Yes
Municipality of Clarington
Report PSD -038-18 Page 3
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Subject Site
Figure 1: Subject Site
2. Background
2.1 The 28 lot residential plan of subdivision was draft approved in 1992. The implementing
zoning by-law was approved by the Town of Newcastle in 1992.
2.2 In 2014, Fourteen Estates acquired the lands and recently has entered into a
subdivision agreement with the Municipality. Registration of the plan of subdivision is
anticipated in the coming weeks. Fourteen Estates has applied for Site Plan Approval
for a model home/sales office and is seeking removal of the "(H)" Holding symbol so
that a building permit can be issued for the model.
Municipality of Clarington
Report PSD -038-18 Page 4
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 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 posted the necessary
securities to complete the works. Staff have no concerns with lifting the "H" symbol for
only the sales office. A subsequent by-law will be forwarded to Council authorizing
removal of the "H" on the balance of the lands once the subdivision is registered.
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
In consideration of the comments noted above, approval of the removal of the "(H)"
Holding symbol for one lot, as shown on the attached By-law and Schedule (Attachment
1) is recommended.
4Zl�Submitted by: Reviewed by:
.me, David MCIP, RPP Andrew C. Allison, B. Comm, LL.B
Director of Planning Services Chief Administrative Officer
Staff Contact: Cynthia Strike, Principal Planner Development Review, 905-623-3379 ext. 2410
or cstrike(a)_clarington.net.
Attachments:
Attachment 1 — Zoning By-law Amendment to Remove `H' Symbol
Municipality of Clarington
Report PSD -038-18
The following is a list of the interested parties to be notified of Council's decision:
Shawn Rondeau - Fourteen Estates
Carolyn Molinari — CM Planning
Page 5
Attachment 1 to
Report PSD -038-18
The Corporation of the Municipality of Clarington
By-law 2018 -
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of 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 a model home/sales office on the subject lands; (ZBA 2017-0036)
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule "16" (Newtonville)" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from:
"Holding- Hamlet Residential Exception ((H) RH-17) Zone" to "Hamlet Residential
Exception (RH-17) 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 , 2018
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk