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HomeMy WebLinkAboutBy-law 5921/01November 27, To: From: Subject: PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM 2001 Bruce Taylor City Clerk Steve Gaunt Planner II Draft Amending By-law to Remove a Holding Symbol Zoning By-law 5464/99, as amended by By-laws 5513/99, 5565/99 and 5767/00 Zoning By-law Amendment Application A 27/01 Victorian Homes Ontario Inc. Part of Lot 20, Concession 8 (Parts 2 to 7, Plan 40R-20821) (south side of Kodiak Street, east of Sideline 20) City of Pickering Further to Council's approval of Zoning By-law 5464/99 in 1999 that designated the subject lands as "R6-3" with an "(H)" - Holding Symbol, this Department has prepared a draft amending by-law to remove the "(H)" - Holding Symbol as it applies to the portion of the subject lands identified as Parts 2 to 7, Plan 40R-20821 (see attached Location Map). The draft amending by-law is attached for the consideration of City Council at its meeting scheduled for December 3, 2001. Prior to an amendment to remove the "(H)" holding symbol preceding the "R6-3" Zone designation on the subject lands, the owner is required to enter into a development agreement with, and to the satisfaction of, the City to address all matters of interest to the City respecting the development of those lands for residential purposes. A development agreement was entered into between the City and the owner that secured all of the City's interests respecting the lands severed into two lots on the north side of Kodiak Street and recognized the subject lands for nitrate dilution purposes. Since that time, abutting lands to the south of the subject lands were rezoned for environmental protection purposes to satisfy the needs for nitrate dilution for both the subject lands and the lots on the north side of Kodiak Street. In addition, City staff comments provided to the Region of Durham Land Division Committee about proposed severance applications (LD 196/01 to 198/01) to create four lots on the subject lands included requirements to be met prior to clearance of the severances. Bruce Taylor November 27, 2001 Page 2 The requirements included rezoning of the lands to lift the "H" - Holding Symbol, a development agreement to address nitrate dilution, securities to provide for any City works needs and for provision of cash-in-lieu of parkland. In the meantime, Kodiak Street was built and dedicated to City ownership. The developer has recently provided cheques to the Legal Services Division to pay the fee for an amended development agreement for the subject lands and full payment of the cash-in-lieu of parkland contribution. Staff will not release clearance of the severances until the amending agreement is executed and registered. The subject lands were also fi:ozen earlier this year as a result of the Oak Ridges Moraine Protection Act prohibition of planning approvals such as rezonings that would permit the creation of new lots (including by removal of holding provisions) on the Oak Ridges Moraine until November 17, 2001. As the Oak Ridges Moraine Protection Act has now lapsed, the Ministry of Municipal Affairs and Housing has advised that Council once again has the authority to approve of rezonings to remove holding symbols for lands within the Oak Ridges Moraine. The proposed Oak Ridges Moraine Conservation Act, 2001, proposed as replacement legislation; will still give Council similar authority to approve rezonings of this type when it comes into force (expected early in 2002). The purpose and effect of this by-law is to lift the Holding Symbol designation to permit residential development on the subject lands. If you require further information or clarification, please do not hesitate to contact me. I concur that this by-law be considered at this time. SG/jf Attachment Sx~Vlisc..~r ~en~xoO ~ k Steve Gaunt CENTRAL STREET ? ___ ? AIPPLIC ~tTION A.271~ xx..."' Xv/~.~o~ Gity of Pickoring ~lanning 8, Do¥olopmont Dopartmont PROPERW DESC~IPI~ON PART O~ LOT 20, ~ONCESSION 8; ~A~TS ~ TO ?, 40R-208~1 OWNER CLAREMONT ESTATES ONTARIO DATE NOV 27, 2001 DRAWN BY RC APPLICATION No. A 27/01 SCALE 1:7500 CHECKED BY SG FOR DEPARTMENT USE ONLY PN-Sl0 PA- THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO 5.0 21/o 1 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, by By-laws 5464/99, 5513/99, 5565/99 and 5767/00, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 20, Concession 8 (Parts 2 to 7, Plan 40R 20821), in the City of Pickering. (A 27/01) WHEREAS the Council of the Corporation of the City of Picketing passed By-law 5464/99 on March 8, 1999, to permit the development of detached dwellings, with the option for garden suites, on the lands, being Part of Lot 20, Concession 8, in the City of Pickering; AND WHEREAS By-law 5464/99 includes an "(H)" Holding Symbol preceding the residential zoning on the lands, which has the effect of preventing any residential development from occurring until such time as the owners enter into a development agreement with and to the satisfaction of the City, to address all matters of interest to the City respecting the development; AND WHEREAS the owners have now entered into the necessary development agreement with and to the satisfaction of the City addressing all of the City's interests respecting the development of four residential lots on the subject lands, being Parts 2 to 7, Plan 40R-20821; AND WHEREAS an amendment to amending By-law 5464/99, as amended by By-laws 5513/99, 5565/99 and 5767 to remove the "(H)" Holding Symbol preceding the residential zoning on the subject lands is therefore deemed appropriate; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedule I to By-law 5464/99, as amended by By-laws 5513/99, 5565/99 and 5767/00, is hereby amended by removing the "(H)" Holding Symbol preceding the "R6-3" Zone designation on the subject lands as set out on Schedule I attached hereto. 2. AREA RESTRICTED By-law 3037, as amended by By-law 5464/99, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 above, and as set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this by-law shall be governed by the relevant provisions of By-law 3037, as amended, and by By-law 5464/99, as amended by By-laws 5513/99, 5565/99 and 5767/00. 3. EFFECTIVE DATE This By-law shall take effect fi-om the day of passing hereof. BY-LAW read a first, second, and third time and finally passed this December ,2001. 3rd day of, R6-3 5 OS-HL / / / .-' \\ / / / / LANE \\ R6-3 R6-3 ' 5872/01 \ \ \ \ \ \ SCHEDULE ! TO BY-LAW PASSED THIS 3rd DAY OF Deceml~, 2001 5921/01 AMENDED BY BY-LAW 5515/99 AMENDED BY BY-LAW 5565/99 AMENDED BY BY-LAW 5767/00 MAYOR CLERI~~