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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: November 15, 2021 Report Number: PDS-058-21
Submitted By:
Reviewed By:
File Number:
Ryan Windle, Director of Planning and Development Services
Andrew C. Allison, CAO
ZBA2021-0023
Resolution#: PD-231-21
By-law Number: 2021-092
Report Subject: An Application by National Homes (Prestonvale) Inc. for the removal
of (H) Holding symbol to permit a total of 112 townhouse units at the
northeast corner of Prestonvale Road and Bloor Street, Courtice
Recommendations:
1. That Report PDS-058-21 and any related communication items, be received;
2. That the By-law attached to Report PDS-058-21, as Attachment 1, be approved;
3. That Council's decision and a copy of Report PSD-058-21 be forwarded to the Region
of Durham and the Municipal Property Assessment Corporation; and
4. That all interested parties listed in Report PDS-058-21 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PDS-058-21
Report Overview
Page 2
This report is recommending approval of an application by National Homes (Prestonvale)
Inc. to remove the (H) Holding symbol which would have the effect of allowing the
construction of 112 townhouse units to proceed.
1. Application Details
1.1 Owner/Applicant
1.2 Proposal:
1.3 Area:
1.4 Location:
1.5 Roll Number(s)
1.6 Within Built Boundary:
2. Background
National Homes (Prestonvale) Inc.
Removal of (H) Holding symbol from:
"Holding — Urban Residential Exception ((H)R3-58) Zone"
2.29 hectares
Northeast corner of Prestonvale Road and Bloor Street (see
Figure 1)
ilE:11wall to] 1I01a1W1I1I1T.Mii`E:11wall to] 1I101111I8:11It,
Yes
2.1 The subject lands are within a registered plan of subdivision and zoned to permit a total
of 112 townhouse units. While the approval of the Draft Plan of Subdivision was
recommended before the Planning and Development Committee and Council, and
eventually approved by the Director of Planning Services, the associated rezoning
application (ZBA2017-0032) was appealed the Ontario Land Tribunal (formerly known
as the Ontario Local Planning Appeal Tribunal) due to a failure of decision by the
Municipality within the prescribed time frame. Prior to a formal hearing the parties
settled the appeal and in December 2019 the By-law was approved.
Municipality of Clarington
Report PDS-058-21
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Page 3
Figure 1 — Subject lands illustrating proposed townhouse blocks
2.2 The standard direction from the Planning and Development Committee and Council
endorsing the process to remove the (H) Holding symbol at such time as Staff deems it
appropriate is not available as a result of the LPAT process. This has resulted in this
standalone application to remove the (H) Holding symbol.
2.3 The Subject property is zoned "Holding — Urban Residential Exception ((H)R3-58)
Zone". To proceed with the release of building permits for the proposed townhouse
development, the (H) Holding symbol must be removed from (H)R3-58 zone.
Municipality of Clarington
Report PDS-058-21
3. Staff Comments
Page 4
3.1 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 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 financial obligations, and any other requirements as may
be deemed necessary by Council including the implementation of the policies of this
Plan.
3.2 The site -specific Zoning By-law Amendment approved by LPAT also included additional
provisions for removal of the (H) Symbol, including:
a) Stormwater outlet location and design prepared by a qualified Engineer,
Environmental Consultant and related disciplines to the satisfaction of the Director
of Engineering Services, the Director of Planning Services and the Central Lake
Ontario Conservation Authority;
b) Tree removals justification and compensation plan prepared by a qualified
Environmental Consultant, Arborist and Landscape Architect to the satisfaction
Director of Engineering Services, the Director of Planning Services and the Central
Lake Ontario Conservation Authority;
c) Final subdivision approval for the purposes of creating blocks for residential
development, and the conveyance of Open Space lands to the Municipality of
Clarington; and
d) Approval of site plan drawings and execution of a Site Plan Agreement.
3.3 Council must be satisfied that the provisions of the Official Plan and Zoning By-law are
met prior to removing the Holding symbol.
3.4 The subdivision and site plan approvals have now been finalized. The additional
provisions for removal of the (H) Symbol identified in Paragraph 3.2 above were
satisfied as part of the final approval process and are considered fulfilled. The applicant
has entered into a subdivision and site plan agreement with the Municipality and the
subdivision plan was registered on August 24, 2021 as Plan 40M-2702. The Municipality
is in receipt of all securities and payments.
3.5 The developer is currently on site installing underground services and private lanes and
will be applying for building permits in the coming months.
3.6 The applicant has filled all conditions of approval within the Subdivision and Site Plan
Agreements to allow for the issuance of building permits on site and it is appropriate to
now recommend the removal of the (H) Holding Symbol in accordance with the
provisions of the Official Plan and Zoning By-law.
3.6 All taxes owing to the Municipality of Clarington are paid in full.
Municipality of Clarington Page 5
Report PDS-058-21
4. Concurrence
Not Applicable.
5. Conclusion
5.1 In consideration of the comments noted above, approval of the removal of the "Holding
H)" symbol on the subject lands as shown on the attached By-law and schedule
(Attachment 1) is recommended.
Staff Contact: Anne Taylor Scott, Principal Planner, 905-623-3379 extension 2414 or
ataylorscott(ab_clarington.net .
Attachments:
Attachment 1 — By -Law and Schedule
Interested Parties:
The following interested parties will be notified of Council's decision:
Attachment 1 to Report PDS-058-21
The Corporation of the Municipality of Clarington
By-law Number 2021-
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 112 townhouse units on the subject lands (ZBA2021-0023);
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule 'A" (Courtice)" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Holding — Urban Residential Exception ((H)R3-58) Zone" to "Urban Residential
Exception (R3-58) 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 , 2021.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
Attachment 1 to Report PDS-058-21
This is Schedule "A" to By-law 2021- , passed this day of , 2021 A.D.
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Courtice ZBA 2021-0023 Schedule 4
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