Holding symbols and provisions may be used in conjunction with By-laws passed under Section 34 (Zoning) of the Planning Act. They are a very unique and powerful development control tool. Effectively they allow Councils to specify the use to which lands may be put to, at such time in the future as the holding symbol is removed. The Holding provision will specify the conditions that must be fulfilled before the lands may be developed for one or more of the uses outlined by the underlying zone. They are typically used when the land use being proposed is considered to be appropriate for the development of the lands, but certain conditions must be fulfilled first, before the development may proceed. The conditions usually relate to things like adequate servicing, site decommissioning, financial commitments, execution of agreements or a combination of these issues.
As an example, a few years ago, before Gordon Street was serviced south of Kortright Road, a number of Holding by-laws were passed for future development along this stretch of the road. The use of the Holding provisions allowed the Council of the day to approve various zoning amendments, but the developments were held up until full municipal services were constructed by the City. Effectively the approach says, “the principle of land use is appropriate, but you have to wait until the servicing catches up”.
The use of a holding zone for the proposed development at 1291 Gordon Street is not the first time in this term of Council that staff has recommended such an approach. Although I did not complete a thorough review, I can recall holding zones being used for the following developments:
1. The Lafarge Development – conditions for the release of the “H” included completion of the EAs for the roads and underpass, site plan agreement, financial agreement, conveyance of certain lands and awarding of contracts for the roads and underpass.
2. The Westminister Woods Phase 4 subdivision – Conditions for the release of ” H” included registration of the subdivision, execution of the subdivision agreement and confirmation of servicing allocation in the DPP.
3. A small infill development on Brockville Street – Conditions for the release of the “H” included the filing of a Record of Site Condition (RSC) in accordance with the MOEE requirements for use of contaminated sites.
There are also other sites in the City that are currently subject to holding provisions, including portions of our own Hanlon Creek Business Park and the Woods site at 5 Arthur Street
There are benefits to the use of the H provisions for both the developer and the City. In the case of the developer, once the zoning is passed and there are no appeals then there is certainty that the lands will be able to be developed once the conditions related to the lifting of the H have been fulfilled. With an approved zoning the developer is willing to spend additional dollars to fulfill conditions because the uncertainty of future appeals to the underlying zoning have been removed. As an example, it is not likely that the future developer of the Lafarge Lands would be willing to spend money for roads and underpasses without the certainty that the underlying zoning was in place to allow development. Similarly the owner of a contaminated site will normally not spend money to clean up the site without the knowledge that appropriate zoning is also in place to allow the redevelopment.
From the City’s perspective, a Holding symbol on the zoning of lands highlights that there is something unique, or special, about the lands and a future developer should be aware that there are conditions that must be fulfilled before the zoning can be used. The other benefit is that no development is allowed until the conditions of the H are fulfilled. We (the City) are in complete control. The developer can apply to have the H removed but unless the conditions have been fulfilled we have no obligation to remove the H. What typically happens is that the developer will diligently fulfill the conditions for the removal of the H and then ask that the H symbol be removed. Under this scenario we (the City) have 120 days to remove the H or the developer can appeal the refusal (or neglect) to remove the symbol. Only the developer has the right of appeal in this case. In my years as a Development Planner, however, I have never seen a City refuse to lift the H, once the conditions for the removal have been fulfilled. Staff