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Home My WebLink AboutPSD-056-10 • Q REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING Date: May 3, 2010 Resolution #: a?d-�D By-law #: aOlO-05 Report#: PSD-056-10 File M ZBA 2009-0008 Subject: APPLICATION FOR REMOVAL OF HOLDING FOR 201 MEDIUM DENSITY RESIDENTIAL UNITS APPLICANT: KAITLIN HOMES ASPEN IV LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-056-10 be received; 2. THAT the application submitted by Kaitlin Homes Aspen IV Ltd. to remove the Holding (H) symbol be approved; 3. THAT the By-law attached to Report PSD-056-10 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 Report PSD-056-10, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. o Submitted bkctying />� Reviewed by: m ' , FCSLA, M CIP Franklin Wu ctor, Planning Services Chief Administrative Officer ATS/CP/df 22 April 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905) 623-0830 �a��n REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING Date: May 3, 2010 Resolution #: By-law#: Report#: PSD-056-10 File #: ZBA 2009-0008 Subject: APPLICATION FOR REMOVAL OF HOLDING FOR 201 MEDIUM DENSITY RESIDENTIAL UNITS APPLICANT: KAITLIN HOMES ASPEN IV LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-056-10 be received; 2. THAT the application submitted by Kaitlin Homes Aspen IV Ltd. to remove the Holding (H) symbol be approved; 3. THAT the By-law attached to Report PSD-056-10 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 Report PSD-056-10, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. y Reviewed by: o Submitted b : �i /<`�-� y Lan gm ' , FCSLA, MCIP Franklin Wu sting Director, Planning Services Chief Administrative Officer ATS/CP/df 22 April 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905) 623-3379 F (905) 623-0830 i REPORT NO.: PSD-056-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Kaitlin Homes Aspen IV Ltd. 1.2 Location: Part Lot 17, Concession 1, Former Township of Darlington McBride Avenue/Green Road (northwest) (Attachment 1) 1.3 Rezoning: Removal of Holding (H) symbol from "Holding Urban Residential Exception ((H)R3-36)" 2.0 BACKGROUND 2.1 The lands identified on Attachment 1 represent the medium density block within draft approved Plan of Subdivision 18T-90051 which has been planned for up to 201 townhouse and/or apartment units. The plan of subdivision has been registered as Plan 40M-2405. 2.2 The applicant submitted a site plan application for the 201 medium density units on October 24, 2007 and made a further application for a rezoning on August 22, 2008. While the site plan review was taking place, a zoning by-law amendment was passed on June 29, 2009 which had the effect of placing the lands in the "Holding — Urban Residential Exception ((H)R3-36) Zone" and established appropriate provisions for the 201 medium density units, including 119 townhouses and 82 apartment units. The development received site plan approval in April 2010 and the Municipality of Clarington has entered into a site plan agreement with Kaitlin Homes Aspen IV Ltd. 2.3 All townhouse and apartment units will have access to McBride Avenue in two locations through a network of private roads. The development is intended to have condominium tenure. As all roads will be private, the costs with respect to construction and future maintenance will be borne by the developer and the eventual condominium corporation. 2.4 The two (2) apartment buildings (82 units) are located on a separate parcel from the townhouse units and the semi-detached (link) units along McBride Avenue. In order to facilitate vehicular access to and from the apartment units via McBride Avenue, an easement/right-of-way for access is being sought by the applicant through the Region of Durham Land Division Committee. This easement/right-of-way will also allow the owners of the McBride units to access their detached garages and parking space via the rear laneway. 2.5 The Holding (H) symbol applies to the R3-36 Zone and is in place to ensure that certain obligations are considered prior to development, such as: servicing, access, measures to mitigate the impact of development, submission of required studies, and execution of any necessary agreements. Council must be satisfied that the provisions of the Official Plan and Zoning By-law are met prior to removing the Holding symbol. REPORT NO.: PSD-056-10 PAGE 3 3.0 COMMENTS 3.1 The 201 medium density units have been draft approved since 2005. Since the submission of the site plan application in 2007, a thorough review of the development proposal on the 4.96 hectare site has taken place. 3.2 Site plan approval for the medium density units includes the approval of site plan and elevation drawings, servicing and grading drawings, landscape and lighting plans. A letter of credit in the amount of$493,789.55 has been secured for entrance works, landscaping and noise attenuation measures. 3.3 Provisions in the site plan agreement require the owner to develop the site in accordance with the approved site plan drawings among other standard provisions. Noise attenuation measures must be built in accordance with the Noise Impact Study prepared by the applicant's noise consultant. Servicing easements and the right-of-way for access must also be in place prior to permits being issued for any of the units. 3.4 The applicant has satisfied all planning and engineering requirements through the site plan process and has entered into a site plan agreement with the Municipality of Clarington. The approval of a by-law to remove the holding symbol from the medium density block is appropriate at this time as the provisions within the Municipality's Official Plan and Zoning By-law have been satisfied. 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. Staff Contact: Anne Taylor Scott Attachments: Attachment 1 — Key Map Attachment 2 — By-law for Removal of Holding Interested parties to be notified of Council's decision: Kaitlin Homes Aspen IV Ltd. c/o Kelvin Whalen Durham Region Planning Department, Attn: Brian Bridgeman � -- anon■ nm°� -.� � E �% � �� i�r� � __ ■11111111'1111111111111111V�� .- � Q\ / � _ � � 5 11111111111�IIIIIO 111111111111�� - � � �//. \\ - � � = 1111111111'" ■11111= 1111111\�� ,,-' �.„-+,rl . ��/ : ' „ �� 111111110 ■11■1. __��.� I■ Mi allu...0 __i— a :�. • � _ . i.." x Lvir irl J 11 . 111 . Attachment 2 To Report PSD-056-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend By-aw 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 Municipality of Clarington to permit the development 201 medium density units being 119 townhouse units and 82 apartment units on the subject lands; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule 1 (Bowmanville)'to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding—Urban Residential Exception((H)R3-36)Zone"to"Urban Residential Exception (R3-36)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 read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2010- , passed this day of , 2010 A.D. N 0 d McBride Avenue N ® Zoning Change From"(H)R3-36"To"R3-36" Jim Abernethy,Mayor Patti L.Barrie,Munirlpal Clerk N Subject Site BOWMANVILLE $ ZBA 2009-0008 SCHEDULE 3D