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HomeMy WebLinkAboutPSD-002-20Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: January 13, 2020 Report Number: PSD-002-20 Submitted By: Faye Langmaid, Acting Director of Planning Services Reviewed By: File Number: Andrew C. Allison, CAO ZBA2014-0023 By-law Number: Resolution#: PD-011-20 Report Subject: An Application by Bowmanville Village Inc. for a Removal of Holding Recommendations: 1. That Report PSD-002-20 be received; 2. That the application submitted by Bowmanville Village Inc. to remove the Holding (H) symbol be approved as contained in Attachment 1 to Report PSD-002-20; 3. That Council's decision and a copy of Report PSD-002-20 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation; and 4. That all interested parties listed in Report PSD-002-20 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-002-20 Report Overview The report is recommending approval of an application by Bowmanville Village Inc. to remove the Holding (H) Symbol from the lands to permit the construction of 95 single detached dwellings in Registered Plan of Subdivision 40M-2657. 1. Application Details 1.1. Owner/Applicant: Bowmanville Village Inc. 1.2. Proposal: Removal of Holding (H) Symbol from: Page 2 "Holding -Urban Residential Exception ((H) R2-54) Zone"; "Holding -Urban Residential Exception((H) R2-78) Zone"; "Holding -Urban Residential Exception ((H) R2-79) Zone" "Holding -Urban Residential Exception ((H) R2-85) Zone" and "Holding -Urban Residential Exception ((H) R2-86) Zone" 1.3. Area: 10.67 ha 1.4. Location: North of Baseline Road, west of Green Road, all lots and blocks in Plan 40M -2657 Part Lot 17, Concession 1, former Township of Darlington 1.5. Within Build Boundary: Yes 2. Background 2.1. The applicant has requested the removal of the Holding (H) Symbol from the lands to permit the construction of 95 single detached dwellings in Plan 40M-2657, which was registered on November 28, 2019. The lands are located north of Baseline Road and west of Green Road and abut the urban limits of the Bowmanville Urban Area as shown in Figure 1. 3. Staff Comments 3.1. The Holding (H) 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 the Official Plan. Municipality of Clarington Report PSD-002-20 Figure 1: Subject Property Page 3 Municipality of Clarington Page 4 Report PSD-002-20 3.2. Draft Approval of the Plan of Subdivision and the associated application for zoning by- law amendment were appealed by the applicant for failure of the Municipality to make a decision within the timeframe prescribed by the Planning Act. The Municipality and the Owner reached a settlement prior to an Ontario Municipal Board hearing. Council approved the settlement on April 3, 2017. On June 19, 2017 the Board issued Draft Approval, subject to conditions, as well as approving a zoning by-law amendment that implements the draft approval. 3.3. The Subject property is zoned: "Holding -Urban Residential "Holding -Urban Residential "Holding -Urban Residential "Holding -Urban Residential "Holding -Urban Residential Exception ((H) R2-54) Zone"; Exception((H) R2-78) Zone"; Exception ((H) R2-79) Zone" Exception ((H) R2-85) Zone" and Exception ((H) R2-86) Zone" 3.4. 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 that addresses all the conditions of draft approval and staff have no concerns with lifting the 'H' symbol. 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, it is recommended that Council approve the zoning by-law amendment for the removal of the "Holding (H)" symbol for lots and blocks in 40M-2657, as shown on the attached By-law and schedule (Attachment 2) is recommended. Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 x 2410 or cstrike@clarington.net. Attachments: Attachment 1 — Zoning By-law Amendment to Remove "H" Symbol The following interested parties will be notified of Council's decision: Richard Tang, Wealth Power Attachment 1 to Report The Corporation of the Municipality of Clarington PSD-002-20 By-law Number 2020- 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 95 single detached dwellings on the subject lands (ZBA 2014-0023); Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule " Y (Bowmanville)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding -Urban Residential Exception ((H) R2-54) Zone to Urban Residential Exception ((H) R2-54) Zone; Holding -Urban Residential Exception((H) R2-78) Zone to Urban Residential Exception((H) R2-78) Zone; Holding -Urban Residential Exception ((H) R2-79) Zone to Urban Residential Exception ((H) R2-79) Zone; Holding -Urban Residential Exception ((H) R2-85) Zone to Urban Residential Exception ((H) R2-85) Zone; and Holding -Urban Residential Exception ((H) R2-86) Zone to Urban Residential Exception ((H) R2-86) 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 )2020. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2020- , passed this day of , 2020 A.D. N NN N NN NN YQ N m d M M � W _ M M M M M V V V V O O co r__ co U W M z � N L vm J o X) W (o M co N LO Z O W 00 0 U 00 Q L J Q m ono O rn O co � J rn w O Lo � Q rn > Lo 2 rn � O Q„ � cc M U N _ CO in v N O I� � Y Y � BASELINE ROAD i� U) z O Z) m Zoning Change From "(H)R2-54" To "R2-54" Zoning Change From "(H)R2-78" To "R2-78" Zoning Change From "(H)R2-79" To "R2-79" Zoning Change From "(H)R2-85" To "R2-85" Zoning Change From "(H)R2-86" To "R2-86" Zoning To Remain "EP" REMMINGTON ST 0 Q O ry Z W W ry (D ro IAdrian Foster, Mayor Bowmanville • ZBA 2014-0023 . Schedule 3 C. Anne Greentree, Municipal Clerk I