HomeMy WebLinkAboutPSD-039-09Leading the Way
~~~~~~ REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE n ~~n
Date: Monday,Apri120,2009 ~'e5olt,(,fi~h ~~T/~ 7
Report #: PSD-039-09 File #: ZBA 2009-0005 By-law #: ~~~-~
Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: DOUG FARROW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
THAT Report PSD-039-09 be received;
2. THAT the request for Removal of Part Lot Control with respect to Lots 14 and 16 in Block `A' in
Plan H-50077 (see Attachment 1) (the "Porter and Bradshaw Plan") be APPROVED in principle,
subject to the conditions contained in Attachment 2, and the applicant entering into an
Agreement with the Municipality of Clarington;
3. THAT the Mayor and Clerk be authorized to enter into an Agreement for the development of the
subject lands (Attachment 3);
4. THAT the attached Draft Part Lot Control Exemption By-law (Attachment 4) be finalized and
forwarded to Council for ADOPTION pursuant to Section 50 (7.1) of the Planning Act, AFTER
the applicant has fulfilled the conditions contained in Attachment 2 and has entered into an
Agreement with the Municipality of Clarington; and
5. THAT all interested parties listed in this report, any delegations and the Regional Municipality of
Durham Planning Department be advised of Council's decision.
Submitted by:
BR/CP/df
14 April 2009
David Jerome, MCIP, RPP
Director of Planning Services
Reviewed by: ~ ' `^"""~-- J`'~ lt-,
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-039-09
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner/Applicant:
1.2 Part Lot Control:
1.3 Area of New Lot:
1.4 Location:
2.0 BACKGROUND
Doug Farrow
To permit the creation of one lot
991.73 square metres (10,675.2 square feet)
West side of Bradshaw Street, 30 Bradshaw Street,
Bowmanville
2.1 On March 6, 2009, Doug Farrow submitted an application for the Removal of
Part Lot Control (ZBA 2009-0005) with respect to Lots 14 and 16 in Block 'A' in
Plan H-50077, the "Porter and Bradshaw Plan" (see Attachment 1). Approval
of the application for Removal of Part Lot Control would permit an existing 38.8
metre (127.3 ft.) wide lot (containing a dwelling on the south side) to be divided,
resulting in the creation of a new vacant building lot with a 19.38 metre (63.6 ft.)
frontage and a 19.42 metre (63.7 ft.) frontage lot containing the existing
dwelling.
2.2 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.
2.3 The zoning of the subject property was changed to Urban Residential Type
Two (R2) about five years ago, by application submitted by Doug Farrow. At
that time, favourable agency comments were provided. Recently, Clarington
Engineering Services and Regional Works were circulated again and they had
no objections to the Part Lot Control Application, which permits a single
detached dwelling on a lot having a minimum frontage of 12 metres and a
minimum lot area of 370 sq. metres.
2.4 The applicant will have to enter into an Agreement with the Municipality
addressing issues such as: parkland dedication, road damage and other
performance guarantees prior to the Removal of Part Lot Control By-law being
forwarded to Council for adoption.
3.0 COMMENTS
3.1 Staff has no objection to the approval of a By-law exempting the subject lands
from Part Lot Control subject to the conditions contained in Attachment 2. The
By-law would facilitate the development of one new single detached dwelling
REPORT NO.: PSD-039-09
PAGE 3
lot. Attached is a Draft By-law (Attachment 4) to exempt the subject lands from
Section 50 (5) of the Planning Act and it would be forwarded to Council for
approval after the required Agreement has been executed. Attachment 3 is a
By-law authorizing the Mayor and Clerk to enter into the required Agreement.
3.2 In accordance with the procedures established in the delegation of Part Lot
Control By-laws, Planning Staff will forward to the Regional Planning
Department the "Unit Type and Number Summary Table° (Attachment 5) along
with a copy of the Part Lot Control By-law.
3.3 Staff recommends that the By-law be in force for a three (3) year period
following the date of Council approval.
3.4 Clarington Finance advises that for the subject lands all taxes have been paid.
4.0 RECOMMENDATIONS
4.1 It is recommended that Council approve this application in principle, for the
creation of one new lot on lands described as Lots 14 and 16 in Block 'A' in
Plan H-50077. It is further recommended that council approve the By-law
authorizing the Mayor and Clerk to execute an Agreement for the development
of said lands.
Attachments:
Attachment 1 -Site Location Key Map and Lands Affected by Part Lot Control Exemption
Attachment 2 -Conditions to be Satisfied
Attachment 3 - By-law for Authorization of Agreement
Attachment 4 - By-law for Removal of Part Lot Control
Attachment 5 -Unit Type and Number Summary Table
List of interested parties to be notified of Council's decision:
Doug Farrow
Attachment1
To Report PSD-039-09
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Attachment 2
To Report PSD-039-09
CONDITIONS TO BE SATISFIED PRIOR TO FORWARDING THE PART LOT
CONTROL EXEMPTION BY-LAW
Prior to forwarding an Exemption to Part Lot Control By-law to Council, the following
conditions must be fulfilled by the owner/applicant:
1) Provide two copies of the registered reference plan, after a draft copy of the plan
has been submitted to the Municipality for review and approval regarding
Clarington's concerns;
2) Provide a Lot Grading Plan, signed, sealed and dated by a Professional
Engineer, to the Engineering Services Department and it is to be satisfactory to
the Director of Engineering Services;
3) Provide a Servicing Plan, signed, sealed and dated by a Professional Engineer,
to the Engineering Services Department and it is to be satisfactory to the Director
of Engineering Services;
4) Enter into a development agreement to the satisfaction of the Municipality of
Clarington and pay to the Municipality of Clarington, the required fee for
preparation of the agreement, as amended from time to time, and currently
$367.50;
5) Pay to the Municipality of Clarington, the required fee for the registration of the
above-mentioned development agreement, as amended from time to time, and
currently $405.00;
6) Obtain an entrance permit for the access to the newly created lot. The
owner/applicant is responsible for any costs necessary to facilitate the
construction of the entrance from the subject property to Bradshaw Street. The
cost of providing a connecting access may include utility relocation, culverts,
entrance paving, ditching, curb cuts, restoration etc.;
7) Provide 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 applicant/owner's engineer is responsible for
providing this estimate:
1. entrance construction,
2. storm sewer servicing, and
3. restoration.
A performance guarantee equal to the approved estimate shall be provided.
8) Design and construct all works and services in accordance with the Municipality
of Clarington Design Criteria and Standard Drawings, provisions of the
Municipality Development By-law and all applicable legislation and to the
satisfaction of the Director of Engineering Services;
9) Provide an appropriate cash contribution in lieu of the normal parkland
dedication. This payment is equivalent to five percent (5%) of the value of the
new lot. In order to determine the value of the land, the owner/applicant is
responsible for having a land appraisal prepared by a certified appraiser;
10) Remove all accessory buildings/structures from the severed parcel and all
accessory buildings/structures on the retained parcel must comply with the
relevant provisions of Zoning By-law 84-63;
11) Ensure that any new lots created through exemption from part lot control comply
with applicable provisions of Zoning By-law 84-63.
12) Pay to the Municipality of Clarington the appropriate lot development charges,
as amended from time to time, prior to the issuance of a building permit;
13) Pay in full all taxes to the Municipality of Clarington prior to the forwarding to
Council for adoption the Part Lot Control Exemption By-law;
14) Meet all the requirements of the Municipality of Clarington, financial or otherwise;
15) Satisfy the Durham Regional Works Department, financially and/or otherwise;
and
16) Satisfy Central Lake Ontario Conservation, financially and/or otherwise.
Attachment 3
To Report PSD-039-09 _
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
being a By-law to authorize entering into an agreement with the Owners of lands
subject to Part Lot Control Application ZBA 2009-0005 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 2009-0005
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:
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 2009-0005; and
2. That the Mayor 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 first time this day of 2009
BY-LAW read a second time this day of 2009
BY-LAW read a third time and fnally passed this day of 2009
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Attachment 4
To Report PSD-039-09
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO: 2009-
being a By-law to exempt certain portions of Registered Plan H-50077 from Part Lot
Control
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to exempt from Part Lot Control, Lots 14 and 16, in Block "A" on Plan H-50077, registered at
the Land Titles Division of Whitby;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Subsection 5 of Section 50 of the Planning Act Shall not apply to those lands
described in paragraph 2 within the By-law.
h;
2. That this By-law shall come into effect u being apprdyd by the Municipality of
Clarington and thereafter Subsection 5 Secltan 50 shall cease to apply to the
following lands:
a) Lots 14 and 16, in Block"A"
3. Pursuant to Subsectioq 7.3 of,Se tlon SU.~of the Planning Act,. this By-law shall be in
force for a period ree~Y,~~~j+ears end g on Month Day, 2012.
BY-LAW read a first time this~•' day of
BY-LAW read a second time this day of
2009
2009
BY-LAW read a third time and finally passed this day of 2009
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Attachment 5
To Report PSD-039-09
PART LOT CONTROL EXEMPTION BY-LAW
Unit Type and Number Summary Table
Registered Plan #: H-50077
By-law: