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HomeMy WebLinkAboutPSD-099-11 Cladiwwn REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution#: a 09- 7- By-law#: ll,11 Report#: PSD-099-11 File#: ZBA 2011-0028 Subject: APPLICATION FOR REMOVAL OF HOLDING AND FOR REMOVAL OF PART LOT CONTROL BLOCKS 90, 91 AND 92 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-099-11 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; 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 Blocks 90, 91 and 92 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; 5. THAT a copy of this report with attachments and approved By-law for the Removal of Part Lot Control be forwarded to the Region of Durham Planning Department; and 6. THAT all interested parties listed in Report PSD-099-11 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-099-11 PAGE 2 Submitted by: 9A�� Reviewed by: Da Crome, MCIP, RPP Franklin Wu, Direc or of Planning Services Chief Administrative Officer CP/df 5 December 2011 REPORT NO.: PSD-099-11 PAGE 3 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)R1-41)" to " Urban Residential Exception (R1-41) 2) To allow the creation of six (6) residential lots 1.4 Location: Blocks 90, 91 and 92 40M-2364, 10 to 36 Duval Street, Courtice 2. BACKGROUND 2.1 On October 24, 2011, WDM Consultants submitted an application for Zoning By-law Amendment to remove the "Holding (H)" prefix from Blocks 90, 91 and 92 on 40M-2364 and to lift Part Lot Control on the subject lands. 2.2 The three blocks were draft approved as semi-detached/link lots accommodating two dwellings each. The blocks were at the east limit of the applicant's ownership and did not have frontage on a road within the draft approved and registered plan of subdivision. The lots required the approval of a plan of subdivision on the abutting lands in order to have frontage on a street. This summer Plan 40M-2452 was registered providing said frontage. The road has been built and therefore access to these blocks is now available. 3. STAFF COMMENTS 3.1 The Municipality has an executed subdivision agreement for the lands contained within registered plan 40M-2364. Over the last year the Municipality entered into an agreement with Headgate Developments for the lands abutting to the east forming 40M-2452. Development of these three blocks is consistent with the draft approval. The three blocks were originally draft approved and zoned as three semi-detached/link lots. The current applications for removal of holding and removal of part lot control allows the development of the six lots in total consistent with the draft approved plan. 3.2 In accordance with the procedures established in the delegation of Part Lot Control By- laws, a copy of the "Unit Type and Number Summary Table" (Attachment 4) along with a copy of the Part Lot Control By-law will be forwarded to the Regional Planning Department. 3.3 Staff recommend that the Removal of Part Lot Control By-law be in force for a two (2) year period following Council approval, ending Dec 19, 2013. 3.4 All property taxes have been paid in full. REPORT NO.: PSD-099-11 PAGE 4 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 also recommended that Council approve this application and adopt the attached Removal of Part Lot Control By-law for Block 90, 91 and 92 of 40M-2364. 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: Carlo Pellarin Attachments: Attachment 1 - Key Map Attachment 2 - Removal of Holding Zoning By-law Attachment 3 - Removal of Part Lot Control By-law Attachment 4 - Table for Part Lot Control Exemption By-law List of interested parties to be advised of Council's decision: WDM Consultants Attachment 1 To Report PSD-099-11 a� .a v O d 4- � MN 0 ® ONG� N c c� av d CL o Ou E r £ E., C — N d O ca o, d M N AC -a � C 0 Q m IL f N = y0 �a M Ca CL d NHN,09 FIVA 0 0 J GVM:J �4000NVH F ]IT 0 0 J O Z W � Q W � C9 U O Z W C9 > jEiai Ls idnna 0 Q o m O m m EIniaa AVO A�JadH ry U J ( Q O ( Attachment 2 To Report PSD-099-11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- being a By-law to amend By-aw 84-63,the 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 Zoning By-law 84-63, as amended,to implement 40M-2364; 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)R1-41)"to"Urban Residential Exception (R1-41)" 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. [77 GEORGE REYNOLDS DRIVE 77 Q 0 a 'a 0 C 0 Z a c x w 0 N NASH ROAD ®Zoning Change From"(H)RI-41"To"R1-41" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk At 4r OR E R Y o 01 0 9q a ® y E AVEN E O > LBERT HOAR N p o - COURTICE [ZBA2011-0028 SCHEDUL02 Attachment 3 To Report PSD-099-11 THE.CORPORATION OF THE MUNICIPALTY 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, Blocks 90, 91 and 92 on Plan 40M-2364, 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 the following lands: a) Blocks 90, 91 and 92 of 40M-2364. 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 19, 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-099-11 TABLE 4 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan M 40M-2364 By-law: � 'Lo�slBl�rlks�A�f®cfed NO_ 7^ •='„ ,; s 5. - -L , a ;, Y , sivS��4�fPart LQgntr4l Una#fiype and dumber Eemp �©n`on Unit Type and 90, 91 and 92 Semi-detached/link No increase in units Total: Six (6) No increase in units