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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 m tl sNav3w O 2 ° Q C m ° ~ ~ V EDGERTON z o za ~ v w ~ C 0] ~ O ~ J t a N o ~ a 0 : ~ w ~ z ~ ~ m ~ " LL m MtlHSa 3> I ° OI m is o a rn ~ w O p :~ w ~ z N m C V n° < ~ a 9 ~ J '15 MtlH Q tla 9 O1 ~ 3l3 N C ~ Q 0 d ~ 133a1S 0 EP~. ~ J G~~ ~ ~ 133211S Mt/HS4`d2i9 (n a id) 08'9£ M ,0£ ,S4 9l N 8 ~ 9SZ0-tZ99Z Nld '`~ ~~ ~ ~ ~ o - e7 :l~b~! d _ ~- R7 O (`~ ° dos ~~ a ~ . ~~ I ti '~ c y ~y ~ N m Q~.~ r 01'9 (nano) 3 ~^ o Z o I ~ ZS-ZZ Z ~ Y Q a ~o ^' s o (~ I •~ r 0 = a 9 t i H ' _ 'tl ,~ ~ ~. P ~ ~ (n A NO) S ~ ~ o ~a ~. BZ'9 N r ~ 's g~ o W \ ~ hWs g ~- ~ zsu 0 Y ~ Y~ N N ~ Z ~,~ ^ yry v y~, V 2 a `V ~ z g z .-. \ Fwd oN Z8 BT U) M . p 00 CO 9l N ~ M aa ~a) (ze +tios.00.a~n) 3 ffi ~ l O I ~ Q ~ ~ '~ S Y U °m I~ .~ r n 7 0 r o a a F~ G V~ 1 I d, I J I~ ~ n J t, m m ~ in U ~ N T n ~! ~Ij O L O (n a Zd) Ot'K - (n a ze) 08'BS M ,OC ,~£ 8l N ~ 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: