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Home My WebLink AboutPSD-115-09Clarington REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~~sdlu~", ~N # ~p~ -~ Y~-69 Date: Monday December 7, 2009 Report #: PSD-115-09 File #: ZBA 2009-0015 By-law #: aajQ-/71 Subject: APPLICATION FOR REMOVAL OF HOLDING 163-177 AVONDALE DRIVE, COURTICE APPLICANT: 812723 ONTARIO INC. RECOMMENDATIONS: tt is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-115-09 be received; 2. THAT the application submitted by 812723 Ontario Inc. to remove the "Holding (H)" symbol be APPROVED; 3. THAT the attached By-law to remove the "Holding (H)" symbol be PASSED and a copy forwarded to the Regional Municipality of Durham; and 4. 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: Davi J. Crome, MCIP, RPP Director of Planning Services ATS/CP/sn/df 1 December 2009 Reviewed by: ~ ~~` -' 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-115-09 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 812723 Ontario Inc.. 1.2 Location: 163-177 Avondale Drive, Courtice Parts 1 to 12, Plan 40R-26005 Part of Lot 29, Concession 2, former Township of Darlington (Attachment 1) 1.3 Rezoning: Removal of "Holding (H)" symbol from "Holding -Urban Residential Type One ((H)R1)" 2.0 BACKGROUND 2.1 The lands identified on Attachment 1 are also subject to concurrent land division applications to create three (3) new residential lots for a total of six semi-detached or link dwelling units. The subject Land Division applications LD141-143/2008 were approved on November 10, 2008 with conditions relating to entrance and servicing work, lot grading, engineering deposits, cash-in-lieu of parkland and other standard conditions relating to lot creation, including the requirement to enter into a development .agreement. 2.2 The Holding (H) symbol is a provision enabled by the Official Plan and Zoning By-law to ensure that certain obligations have been considered prior to development and redevelopment, such as: 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 the plan. 2.3 The subject lands are zoned "Holding -Urban Residential Type One ((H)R1)". As outlined in paragraph 2.2, Council must be satisfied that the provisions of the Official Plan and Zoning By-law are met prior to removing the Holding symbol. No building permits can be considered until the Holding symbol is removed. 3.0 COMMENTS 3.1 The subject lands are located within the Courtice urban area. The creation of the lots represents infilling on full municipal services and conforms to provincial policies, the Region of Durham Official Plan and the Municipality of Caarington Official Plan. 3.2 The semi-detached/link lots satisfy the Urban Residential Type One (R1) Zone as they exceed the minimum lot frontage requirement of 18.0 metres and the minimum lot area requirement of 550 square metres. REPORT NO.: PSD-115-09 PAGE 3 3.3 The owner has entered into a development agreement with the Municipality of Clarington to ensure all planning and engineering requirements are fulfilled. The Municipality of Clarington provided clearance on the Land Division applications on November 19, 2009. The approval of a by-law to remove the holding symbol from the lands subject to LD141/2008, LD142/2008 and LD143/2008, being referred to as 173- 177 Avondale Drive, is appropriate at this time as the provisions within the Municipality's Official Plan and Zoning By-law have been satisfied. 3.4 The Finance Department has indicated that there are taxes owing on a portion of the subject property, however, it is a matter of apportionment due to other related severance activity. This issue is being resolved by the Municipality of Clarington, the Municipal Property Assessment Corporation and all affected property owners. 4.0 RECOMMENDATION 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. Attachments: Attachment 1 -Key Map Attachment 2 - By-law for Removal of Holding Interested parties to be notified of Council and Committee's decision: 812723 Ontario Inc. Glen Genge, D.G. Biddle & Associates Ltd. Attachment 1 To Report PSD-115-09 -- -- ~ c d r U ~ $ ~ ~ G ~ r ~ ~ ~ ~ £ O a G 3 N O .. g z~ ~ N N G ° +am3„3y v Q T m r a0 J ~, ~ ~ N N ~ ti _ c d a ` ~ O J N O a b ~ w riw W ~~ ~' 1 O ~ . a ." T n ?'~ ~ ~ s ~ V~ Ci ~ ~_ - O • v C, _v ~- f ~_ ~5 _ ti 7' V ` R Y . Q ,~~666 fJ ~Y O ~ ' 's' F! Cj i~ ~ d I/: a N ~ .t s a - N g v , :c, ° . . n o . . d "i121Vd ~~,~ ~ ~ -- swze ^ 4 Mxc,9~s+p ' ~~ ur z a W3n)910'bf !s'an ~ re7 ,11.Of.9LBIN p y B59 ~ O _ 91DZf M.9"r91A1M ~ ~ £ laVd ~ F. ~' N t/ 8 O ~ G 0 w a b .. C ~ f i Z Q - ~ =, ~ ~ Y ~~ (s s~ 4 uD SSD'LL ~" C96't ~~ ~pg(p-yf (San 9 Cd/M,0[.9 L91N ~ ~ a' ~ ~~£ u 7 4 ~p_-- ~ tl ry ^ ~ __i< C7 w ° ~ ? q ~ i ` ~ rv _ v Q .. , ~ o o aae•f n ~ M"~SLS _ A ~ 2 d li ~ :mac ~ ~ Ol 1.^.?J'9irv '~ ~ +" i - _ 4 mW Z I a _ ~;t33 (..~ .: I # ~ m u -° i .r o o ~ T$~ : 1 _ ^' { r~ _h ~ ,-ti 8 i,' ~ b W Q Q !i.v Y{ -~' ~ o r ~ f u~ ~ n :S 202 ~i I ~ ` ~h '~ i -7 . .r _ , ^\ V -1 c 1 fj~ ~~ c Pwi _~. r„ i ___ ____ r ~ F u.0{ ~ OTCC_ ~ br<~ I I 1 f I o b ~ ~ Attachment 2 To Report PSD-115-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2009- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend by-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement LD141/2008, LD142/2008 and LD143/2008; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4E-Courtice" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding -Urban Residential Type One ((H)R1) Zone' to `Urban Residential Type One (R1) Zone'. 2. Schedule "A' attached hereto shall form part of the By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2009 BY-LAW read a second time this day of 2009 BY-LAW read a third time and finally passed this day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2009- , passed this day of , 2009 A.D. ,_ I ,: I I I i ~. I I ~~ .. I I I I ~ : I I I I .. I ::; .,,;,I I i I 1 I sn i `=vr~~ ,,. tl1 i AIN 1tl54p`J30H It T) ~..> __ I w AhV ~ ``4:_: -~- . _ 75gD9.. I r J-t .~, I osoy G.t7 Imnl ~Wa]yl I PIN -~ r~ I Y l~.n °" I .. I~ I w I i ~ (mm 4B.1ie~. ~ xuq I U " ~ ~ (. of 0 tl. 4445 .$:r ~fmm sr tii Fie 1 A m i>°.°f °r '~ ,~, i ~. ° ~ .r , I 111 r j roam i[ i. r r y I I \ I m I:.,,:r r ~ r € r v.y i,„^!rr 7 Av r~W~~sr ~Nthr~r~ o~daie Drive ® Zoning Change From "(H)R1" To "Ri" Jim Abernethy, Mayor `~ H~Ea ~...~1. /M~~) aryr~) ^//A''r'Y 1 Patti L. Barrie, Municipal Clerk A' COURTICE zen zoosao~s