The URL can be used to link to this page

Home My WebLink AboutPSD-093-11 Clarington REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 28, 2011 Resolution#: -11 By-law#: �� _ Report : PSD-093-11 File#: ZBA 2011-0032 Subject: APPLICATION FOR REMOVAL OF HOLDING AND FOR REMOVAL OF PART LOT CONTROL - BLOCK 57 OF 40M-2430 PRESTONVALE DEVELOPMENTS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-093-11 be received; 2. THAT the application submitted on behalf of Prestonvale Development 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 the Municipal Property Assessment Corporation ( MPAC); 4. THAT the request for removal of Part Lot Control with respect to Block 57 of 40M-2430 be approved and that the attached Part Lot Control By-law be passed pursuant to Section 50 (7.1) of the Planning Act; 5. THAT Council's decision and a copy of Report PSD-093-11 be forwarded to the Region of Durham; and 6. THAT all interested parties listed in Report PSD-093-11 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-093-11 PAGE 2 r. Submitted by y ,, 7_.- Reviewed by: } _ . avid,J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer CS/CP/df 17 November 2011 REPORT NO.: PSD-093-11 Page 3 1. APPLICATION DETAILS 1.1 Applicant: Glenn Genge D.G. Biddle and Associates 1.2 Owner: Prestonvale Developments Inc. 1.3 Proposal: 1) Removal of Holding ( H) Symbol from "Holding — Urban Residential Exception ((H)R2-75) Zone " to " Urban Residential Exception (R2-75 Zone") 2) To allow the creation of seven (7) residential lots 1.4 Location: Block 57, 40M-2430, Worden Drive, Courtice Part Lot 33, Concession 2, former Township of Darlington 2. BACKGROUND 2.1 On November 7, 2011 application was received for exemption from Part Lot Control for Block 57 in registered plan 40M-2430. The application was deemed complete on November 7, 2011. 2.2 The applicant is also requesting that the Holding (H) Symbol be removed from the subject property. 2.3 Block 57 in 40M-2430 was draft approved for seven (7) single detached dwellings. Block 57 is within Phase 1 of the subdivision and was registered on October 25, 2010. Phase 2 was registered on December 23, 2010, and Phase 3 was registered on August 12, 2011. 2.4 Although Block 57 was draft approved for seven (7) single detached dwellings, the lands were required to provide temporary storage area for the adjacent stormwater management facility. As a result, building permits could not be issued and the lands were registered as a single block as opposed to seven (7) lots. 3. STAFF COMMENTS 3.1 The approved stormwater management facility for this subdivision is located on two separate parcels. The west pond, located adjacent to Block 57 is the quality facility, while the quantity facility is located to the east and south of Meadowglade Road. In order for Phase 1 to proceed, the west pond was used as both quality and quantity on a temporary basis until the permanent quantity facility was constructed and functional, hence the need to use Block 57 as a temporary water storage area. 3.2 The Engineering Services Department has advised that the quantity pond has now been constructed and is fully functional, as such development of Block 57 can now proceed. REPORT NO.: PSD-093-11 Page 4 3.3 In accordance with the procedures established in the delegation of Part Lot Control By- laws, the "Unit Type and Number Summary Table" (Attachment 3), will be forwarded to the Regional Planning Department with a copy of the Part Lot Control By-law. 3.4 Staff recommend that the By-law be in force for a two (2) year period following Council approval, ending December 5, 2013. 3.5 The Holding (H) symbol is a provision enabled by the Official Plan 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 any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. 3.6 The subject lands are zoned "Holding — Urban Residential Exception ((H) R2-75)". As outlined in paragraph 3.5, Council must be satisfied that the provisions of the Official Plan are met prior to removing the Holding symbol. No building permits can be considered until the Holding (H) symbol is removed. The creation of seven (7) lots is consistent with the approved draft plans of subdivision. 3.7 It is noted that pursuant to Section 36 of the Planning Act, a Zoning By-law Amendment to remove the Holding (H) symbol is not subject to the normal appeal period afforded to a standard rezoning application and accordingly shall be deemed final and binding upon Council's approval. 3.8 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. Furthermore, it is recommended that Council approve this application and adopt the attached Part Lot Control By-law for Block 57 of 40M-2430 (Attachment 3). REPORT NO.: PSD-093-11 Page 5 CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Cynthia Strike Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment Attachment 3 - Exemption from Part Lot Control By-law List of interested parties to be notified of Council's decision: Bill Creamer, D.G. Biddle and Associates Hannu Halminen, Prestonvale Developments Inc. Region of Durham Attachment 1 To Report PSD-093-11 C C o M d VE M U N 0 CL 5 wV Q C raVV � `- o �33s n. m s o m N m ti j J m d d C t1 s ' IV o aNi , CL cc d m a o L C. o d P P SrvtlPtl1b38W Ob O l I 02, v> O ' O.?7 CL o a. N ii N o . .�� Q LL1 ^ N M Y Q am am am am m o O J� Q N34yM � c� o � I a� NO o w Attachment 2 To Report PSD-093-11 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 of seven (7) single detached dwelling lots on the subject lands; i 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)R2-75) Zone" to "Urban Residential Exception (R2-75)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. it 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 I Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk ii This is schedule "A" to By-law 2011 - , passed this day of , 2011 A.D. OKE ROAD w � Q � GLENABBEY w a 2 QW 1-10y GNO 5� T N PO 02 (P\ EADOWGLADE RD i ® Zoning Change From"(H)R2-75'To"R2-75" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk Em W W 0 NGLIS DR j z aN R O 2 O � M RO J E_'�_ --1-F R a ti BLOOR tTREET COURTICE �P U ZBA 2011-0033 B�DOq v SCHEDULE 4 Attachment 3 To Report PSD-093-11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- being a By-law to exempt a certain portion of Registered Plan 40M-2430 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 57, in Plan 40M-2430 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. 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 57. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act,this By-law shall be in force for a period of two(2)years ending on December 5, 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 i i I i PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Plan 40M-2430 IFE r s �fLolts/Blocks � � 3Un�t Type and Number Unit Type and Number �Aifected � ' Block 57 7 7 I TOTAL Units 7 No Change