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Home My WebLink AboutPSD-089-11 ClafilWfl REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 14, 2011 Resolution #: ! By-law#: 11 1 1-106- Report#: PSD-089-11 File#: ZBA 2011-0032 (X-REF.: ZBA 2011-0028) Subject: APPLICATION FOR REMOVAL OF HOLDING AND FOR REMOVAL OF PART LOT CONTROL - BLOCK 93 OF 40M-2364 CLARET INVESTMENTS LIMITED AND 1361189 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-089-11 be received; 2. THAT the application submitted on behalf of Claret Investments Limited and 1361189 Ontario Limited to remove the Holding (H) symbol be approved and the attached By-law to remove the Holding (H) Symbol be passed; 3. THAT the request for removal of Part Lot Control with respect to Block 93 of 40M-2364 be approved and that the attached Part Lot Control By-law be passed pursuant to Section 50 (7.1) of the Planning Act; 4. THAT a copy of Report PSD-089-11, the approved Part Lot Control By-law, the approved By-law to lift the Holding Symbol and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and 5. THAT all interested parties listed in Report PSD-089-11 and any delegations be advised of Council's decision. r Submitted by: � �"�� Reviewed by: D vi N. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer C P/df 7 November 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-089-11 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant: WDM Consultants 1.2 Owner: Claret Investments Limited and 1361189 Ontario Limited 1.3 Proposal: 1) Removal of Holding (H) Symbol from "Holding - Urban Residential Exception ((H)R2-12)" to " Urban Residential Exception (R2-12) 2) To allow the creation of two (2) residential lots 1.4 Location: Block 93, 40M-2364, 516 George Reynolds Drive 2. BACKGROUND 2.1 On August 18, 2011 an application was received for exemption from Part Lot Control for Block 93 in registered plan 40M-2364. The application was deemed complete on October 24. Also, on October 24, 2011, WDM Consultants submitted an application for a Zoning By-law Amendment to remove the "Holding (H)" prefix from Block 93 on 40M-2364. 2.2 Block 93 on 40M-2364 was originally draft approved, by the Ontario Municipal Board, as the extension Harry Gay Drive north of George Reynolds Drive and two single detached dwelling lots and a block for part of a future lot to meld with lands north of the limit of the applicant's ownership. Subsequent to the draft approval of the plan of subdivision the lands north of the subdivision were identified as a Provincially Significant Wetland (PSW). 2.3 With the identification of the PSW north of the limits of this subdivision staff have negotiated that the extension of Harry Gay Drive north of George Reynolds Drive not be constructed. With the deletion of the section of Harry Gay Drive the lots draft approved to front thereon could no longer proceed as originally approved. As a result the applicant has submitted the two applications. The application for the exemption of part lot control would allow two 15 metre frontage lots fronting on the north side of George Reynolds. The second application would allow for the removal of the Holding (H) symbol from the subject lands to permit the issuance of building permits should the request for exemption from part lot control be approved. REPORT NO.: PSD-089-11 PAGE 3 3. STAFF COMMENTS 3.1 On August 30, 2011, an agreement for the provision of services; municipal water, sanitary sewer, stormwater drainage and pedestrian walkway was executed. With the execution of said agreement it was agreed that development of the Block 93 as originally draft approved would not occur. The lands, within the draft plan of subdivision, that were to provide for the extension of Harry Gay Drive north of George Reynolds Drive have been dedicated to the Municipality of Clarington for the walkway. The creation of two single detached dwelling lots is in keeping with the neighbourhood and maintains essentially the same density as originally approved on said lands. 3.2 The application for exemption of part lot control has been reviewed by the Region of Durham Planning Department and Region of Durham Works Department who have no objections. Similarly Engineering Services has no objection to either application. 3.3 In accordance with the procedures established in the delegation of Part Lot Control, Regional Planning Department requires the "Unit Type and Number Summary Table" (Attachment 3) along with a copy of the Part Lot Control By-law to be forwarded. 3.4 Staff recommend that the By-law be in force for a two (2) year period following Council approval, ending May 2, 2013. 3.5 All property taxes have been paid in full. 4. CONCURRENCE - Not applicable 5. CONCLUSION 5.1 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. It is recommended that Council approve this application and adopt.the attached Part Lot Control By-law for Block 93 of 40M-2364. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Carlo Pellarin, Manager Attachments: Attachment 1 - Key Map Attachment 2 - Removal of Holding By-law Attachment 3 - Part Lot Control By-law Attachment 4 - Unit Type and Number Summary Table REPORT NO.: PSD-089-11 PAGE 4 List of interested parties to be advised of Council's decision: William D. Manson Libby Racansky Attachment 1 To Report PSD-089-11 06 O J d U 0 N = J N (D I O K Q E O ® W .N+ � r � � N, � 0 A O 3AIH0 AVO A r O !� M 'a' O 41 O � C � o Y M N a N � a o Jm V Q m 200 n`. m C N � EO Ca CL N J N = U c� CL iL N 3 O D Z . d O t� Attachment 2 To Report PSD-089-11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- being a By-law to amend By-aw 84-63,the Comprehensive Zoning By-law for 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 2 single detached dwellings lots 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 "4 (Courtice)"to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding—Urban Residential Exception ((H)R2-12)Zone"to "Urban Residential Exception (R2-12)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 2011 BY-LAW read a second time this day of 2011 BY-LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2011 - passed.this day of 2011 A.D. Rey rows�C Geovge N ® Zoning Change From"(H)R2-12"TO"R2-12" ® Zoning To Remain"(H)R2-18" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk N GEORGE REYNOLDS DR O NODS OR Y a OO W 3 SKINNER CT Q CO U RTIC E ZBA 2011-0032 x SCHEDULE4 Attachment 3 To Report PSD-089-11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2011- being a by-law to exempt a certain portion of Registered Plan 40M-2364 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Block 93, in Plan 40M-2364 registered at the Land Title 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. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to-Block 93 in Plan 40M-2364 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be force for a period of two (2)years ending on November 21, 2013. BY-LAW read a first time this day of 2011 BY-LAW read a second time this day of 2011 BY-LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk Attachment 4 To Report PSD-089-11 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Plan 40M-2364 } r ` l�e�ui� of Part Lc�t r ` � CQntro!`Exempt�Qn on A X Y W r k � , Unit Type an+� Number Unit Type rid a bed ,, Affected, - r Block 93 2 2 TOTAL Units 38 No Change