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Report To: Planning and Development Committee
Date of Meeting: February 19, 2019
Report Number: PSD -012-19 Resolution: PD -018-19
File Number: ZBA2019-0001 XRef: LD2018/025 By-law Number:
Report Subject: An Application by Gerald Sherk
Removal of Holding — 2406 Prestonvale Road, Courtice
Recommendations:
1. That Report PSD -012-19 be received;
2. That the application submitted by Gerald Sherk to remove the Holding (H) symbol be
approved, and that the by-law contained in Attachment 1 to Report PSD -012-19, to remove
the (H) Holding Symbol, be passed;
3. That Council's decision and a copy of Report PSD -012-19 be forwarded to the Region of
Durham and the Municipal Property Assessment Corporation; and
4. That all interested parties listed in Report PSD -012-19 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD -012-19
Page 2
Report Overview
The purpose of this report is to recommend approval of the application to remove the (H)
Holding Symbol to permit the development of a single detached dwelling on a new lot created
as part of a land severance application for 2406 Prestonvale Road. The existing single
detached dwelling on the retained lot will remain.
1. Application Details
1.1 Owner/Applicant: Gerald Sherk
1.2 Proposal: Removal of Holding (H) Symbol from "Holding -Urban
Residential ((H)R1) Zone" to "Urban Residential (R1) Zone"
1.3 Area: 0.45 acres
1.4 Location: 2406 Prestonvale Road, Courtice
1.5 Roll Number: 1817-010-060-16800
1.6 Within Build Boundarv: Yes
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Municipality of Clarington
Report PSD -012-19
2. Background
Page 3
2.1 On January 11, 2019 an application was submitted requesting that the Holding (H)
Symbol be removed from the property located at 2406 Prestonvale Road in Courtice.
2.2 Through the drafting of Zoning By-law 84-63 a holding Symbol was placed on many
properties in Courtice that were on private services, including the subject lands. It was
used as a mechanism to limit development until municipal services were available in the
urban area.
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 this plan.
3.2 The Subject property is zoned "Holding -Urban Residential Type One ((H)R1) Zone". The
proposed and retained lot are part of a land severance application LD2018/025. The
application was approved by the Region of Durham on March 19, 2018, subject to a
number of conditions, including the removal of the Holding Symbol.
3.3 The "R1" Zone permits single detached dwellings on lots with a minimum area of 460
square metres and a minimum frontage of 15 metres. The severed lot has a proposed
frontage of 13.5 metres and a lot area of 897 square metres. The retained lot has a
proposed frontage of 13.5 metres and a lot area of 922 square metres. The proposed and
retained lots comply with the minimum required lot area provisions of the "R1" Zone.
3.4 On December 14, 2017, the Committee of Adjustment approved applications A2017-0079
and A2017-0080 to reduce the minimum required lot frontage for both the retained and
severed parcels, from the required 15 metres to 13.5 metres. The applications were
approved and received no appeals. The proposed 13.5 metre frontages are permitted
based on the approved variances.
3.5 The proposed infill lot is consistent with the surrounding context. The subject lots have
similar frontages to the majority of the lots in the area, including the lots across the street
along the east side of Prestonvale Road. The severance supports the intensification
objectives of the Clarington Official Plan. In order to ensure the design of the dwelling on
the severed lot is in keeping with the character of the neighbourhood, as a condition of
the consent the applicant is required to have the building drawings submitted for approval
by the Municipality's Control Architect. This is agreed to by the Owner of the property and
is part of the Land Division Agreement.
Municipality of Clarington
Report PSD -012-19
Page 4
3.5 Council must be satisfied that the provisions of the Official Plan are met prior to removing
the Holding Symbol, otherwise no building permits can be issued. The applicant has been
working to fulfil the conditions of approval for the consent application, including payment
of parkland dedication. The applicant has also entered into a land division agreement with
the Municipality and there are no concerns with lifting the `H' symbol.
3.6 At the time of writing this report, property taxes have been paid in full on the subject
lands.
4. Concurrence
Not applicable.
5. Conclusion
In consideration of the comments noted above, approval of the removal of the "Holding
H)" symbol for the property located at 2406 Prestonvale Road, as shown on the attached
By-law and schedule (Attachment 1) is recommended.
Submitted by.
Faye Langmaid, RPP, FCSLA
Acting Director of Planning Services
Reviewed by:
Andrew C. Allison, B.Comm, LL.B
Chief Administrative Officer
Staff Contact: Nicole Zambri, Planner, 905-623-3379 ext. 2422 or nzambri(a-),clarington.net
FL/NZ/nl
Attachments:
Attachment 1 - Zoning By-law Amendment to Remove `H' Symbol
The following is a list of the interested parties to be notified of Council's decision:
Gerald Sherk
Deborah Cahill-Pendrigh
Vladimir Bulakh
I:\^Department\Application Files\ZBA-Zoning\2019\ZaaBA2019-0001 2406 Prestonvale Road (RofH)\Staff Report\PSD-012-19.docx
Attachment 1 to
PSD -012-19
The Corporation of the Municipality of Clarington
By-law Number 2019 -
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 single detached dwelling on the subject lands (ZBA2019-0001);
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule "4" (Courtice)" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Holding — Urban Residential Type One ((H)R1) Zone" to "Urban Residential Type
One (R1) 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 , 2019
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
J:\REPORTS TO CLERKS\Electronic Reports\1 - Reports Awaiting CAO's Signature\P&D February 19\PSD-012-19\Attachment 1 - PSD-
012-19.docx