HomeMy WebLinkAboutPSD-044-06
ClfJ!il!gton
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, April 24, 2006
Report #:
PSD-044-06
File #'s: ZBA 2006-0006
By-law #:
Subject:
ZONING BY-LAW AMENDMENT AND REMOVAL OF PART LOT CONTROL TO
PERMIT THE CONSTRUCTION OF FOUR SEMI-DETACHED DWELLINGS
APPLICANT: CONDOR DEVELOPMENTS LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-044-06 be received;
2. THAT provided that no significant issues are raised at the public meeting, the application be
approved in principle to allow development of four (4) residential lots, subject to the conditions
contained in Attachment 2 and the applicant entering into a development agreement with the
Municipality of Clarington;
3. THAT the Zoning By-law Amendment be forwarded to Council at such time as the development
agreement has been executed;
4. THAT the Mayor and Clerk be authorized to enter into a development agreement for the
development of the subject lands; and
5. THAT all interested parties listed in Report PSD-044-06 and any delegations be advised of
Council's decision.
Submitted by:
Reviewed by:
d~-~~~
Da ~. Crome, M.C.I.P., R.P.P.
Director of Planning Services
Franklin Wu,
Chief Administrative Officer
BR/CP/sh/df
18 April 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-044-06
PAGE 2
1.0 APPLICATION DETAILS
1 .1 Owner:
Condor Developments Ltd.
1.2 Applicant:
Armstrong Harrison Associates
1.3 Rezoning:
From "Agricultural (A) Zone" to an appropriate zone to permit the
creation of four (4) residential lots.
1.4 Area:
0.199 ha (0.49 acres)
1.5 Location:
The area subject to the rezoning is located on two properties on the
east side of Mann Street, between 22 and 32 Mann Street, being
Part of Lot 9, Concession 2, former Town of Bowmanville (see
Attachment 1).
2.0 BACKGROUND
2.1 On January 31, 2006, the Planning Services Department received an application from
Armstrong Harrison Associates, on behalf of Condor Developments Ltd., to rezone the
above area to permit the development of 4 residential lots.
2.2 The same day an application was also received from Armstrong Harrison Associates
requesting the removal of Part Lot Control (ZBA 2006-0005) with respect to Lots 17 and
19 in Block "A" in Plan H50077 (Attachment 1) (the "Porter and Bradshaw Plan"). The
Porter and Bradshaw Plan was originally registered in the Durham County Registry
Office on October 3, 1856. Registration of this Plan of Subdivision was certified by the
Land Registrar in the (Whitby) Land Registry Office on January 18, 1994.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject lands consist of two vacant properties, which are flat and vacant, owned by
Condor Developments Ltd.
3.2 The surrounding land uses (north, south, east and west) are all low density residential.
4.0 PUBLIC NOTICE AND SUBMISSIONS
4.1 Public Notice was given by mail to each landowner within 120 metres of the subject
property and a public notice sign was installed at the centre of the properties' Mann
Street frontage.
4.2 The Planning Services Department has received no inquires.
REPORT NO.: PSD-044-06
PAGE 3
5.0 OFFICIAL PLAN CONFORMITY
5.1 The Durham Regional Official Plan designates the subject property as Living Area and
the application conforms.
5.2 The Clarington Official Plan designates the subject property as Urban Residential (Low
Density) and the application conforms.
6.0 ZONING BY-LAW COMPLIANCE
6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, all of the
subject lands are zoned "Agricultural (A)". The proposed development does not comply
with the "Agricultural (A)" zoning, hence, this rezoning application.
7.0 AGENCY COMMENTS
7.1 The Planning Service Department circulated the rezoning application to a limited number
of agencies and municipal departments for comment.
7.2 Engineering Services Department advised they had no objection to the development of
four (4) residential lots subject to their comments being addressed financially and
otherwise. This includes addressing lot grading and drainage; street trees, service
connections; driveways; performance guarantees; and agreements.
7.3 Emergency and Fire Services Department offered no objection to the proposal;
7.4 Veridian Connections had no objections subject to conditions.
7.5 Comments remain outstanding from Durham Region Works and Planning Departments,
as well as CLOC.
8.0 STAFF COMMENTS
8.1 The applicant proposes to develop the subject lands on the east side of Mann Street for
four (4) dwellings. The proposed semillink lots are consistent with the dwelling type
found for almost all of Mann Street including the abutting lots to the north and south.
The same can be said for the west side of Mann Street also.
8.2 Staff has no objection in principle to the proposed rezoning and lot creation. The
applicant is proposing to create the lots through Part Lot Control as opposed to consent
or plan of subdivision. Prior to bringing forward a recommendation report or zoning
bylaw amendment the applicant's obligations with the respect to this development must
be satisfied. An agreement containing all conditions of approval, as typically contained
in draft approved plans of subdivision or consents must be executed by the Owner
Attachment 2 contains a list of conditions that need to be addressed..
REPORT NO.: PSD-044-06
PAGE 4
9.0 RECOMMENDATIONS
9.1 Provided that there are no significant issues raised at the public meeting, it is
recommended that the application be approved in principle. The zoning by-law would
be forwarded to Council at such time as the owner has entered into a development
agreement with the Municipality.
A further report will be presented on the application for lifting of part-lot control when
details on the proposed lots have been finalized.
Attachments:
Attachment 1 - Site Location Key Map and Property Plan
Attachment 2 - Conditions to be satisfied
Attachment 3 - Authorization for Agreement
List of interested parties to be notified of Council's decision:
Ron O'Connor
Ronald St. C. Armstrong
Attachment 1
- To Report PSD-044-06
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Attachment 2
To Report PSD-044-06
CONDITIONS TO BE SATISFIED PRIOR TO REZONING
Prior to forwarding a Zoning By-law to Council the following conditions must be fulfilled by the
owner/applicant:
1) provide two copies of the registered reference plan, as approved by the Municipality
of Clarington;
2) A Lot Grading Plan, signed, sealed and dated by a Professional Engineer, is to be
provided to the Engineering Services Department and is to be satisfactory to the
Director of said department;
3) A Servicing Plan, signed, sealed and dated by a Professional Engineer, is to be
provided to the Engineering Services Department and is to be satisfactory to the
Director of said department;
4) A Grading and Drainage Deposit in the amount of $4,000.00 is to be made and this
deposit will be refunded to the owner/applicant when all grading and drainage work
is completed to the satisfaction of the Director of Engineering Services;
5) Enter into a development agreement with the Municipality of Clarington which
includes all requirements of the Engineering Services Department regarding the
engineering and construction of all internal and external works and services related
to this proposal, and pay to the Municipality of Clarington, all legal costs and fees
associated with the preparation of the agreement;
6) Pay to the Municipality of Clarington, the required fee for registration of the above-
mentioned development agreement, as amended from time to time, and currently
$300.75;
7) A performance guarantee estimate for any external works deemed necessary by the
Director of Engineering Services to facilitate this development. The required
estimate shall include the works listed below which form a connection to the
development. The owner/applicant's engineer is responsible for providing this
estimate;
i) Entrance Construction,
ii) Street Trees (4, planted trees must conform to Municipal standards), and
iii) Storm Sewer Servicing;
A performance guarantee equal to the approved estimate shall be provided;
8) A Road Damage Deposit in the amount of $2,000.00 is to be made and this deposit
will be refunded to the owner/applicant when all construction has been completed
and all road restoration has been completed. Any final decision to release the Road
Damage Deposit to the owner/applicant shall be made solely at the discretion of the
Director of Engineering Services;
9) An appropriate cash contribution in lieu of the normal parkland dedication is to be
made;
10) Meet all the requirements of the Municipality of Clarington, financial or otherwise;
11) Pay to the Municipality of Clarington the appropriate lot development charge, as
amended from time to time, for each of the new lots created, at the time of building
permit issuance;
12) Ensure the proposed lots are given appropriate municipal street address numbers
and the applicant is responsible for the cost of any municipal address numbering
which may be necessary as a result of these applications;
13) Ensure that any new lots created through removal of part lot control comply with the
applicable provisions of Zoning by-law 84-63;
14) Satisfy the Durham Regional Works Department, financial and/or otherwise; and
15) Satisfy Central Lake Ontario Conservation, financially and/or otherwise.
Attachment 3
To Report PSD-044-06
cORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006
being a Bylaw to authorize entering into an agreement with the Owners of lands subject
to Part Lot Control Application ZBA 2006-0005 and any Mortgagee who has an interest
in the said Lands, and the Corporation of the Municipality of Clarington in respect of
Part Lot Control Application ZBA 2006-0005
WHEREAS the Council authorizes the execution of a development agreement with the Owner;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation's seal, an
agreement between the Owners of the lands subject to Part Lot Control Application ZBA
2006-0005. and
2. That the r-vlayor and Clerk are hereby authorized to accept, on behalf of the Corporation
of the Municipality, the said conveyances of lands required pursuant to the aforesaid
Agreement
BY-LAW read a fl~st time this
day of
2006
BY-LAW read a second time this
day of
2006
BY-LAW read a third time and finally passed this
day of
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk