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Home My WebLink AboutPSD-003-12 i Leading the Way REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 9, 2012 Resolution#: 6199-()015-1p By-law#: f Report#: PSD-003-12 File#: ZBA2009-0008 Subject: APPLICATION FOR REMOVAL OF HOLDING FOR 42 SEMI-DETACHED (LINK) DWELLING UNITS AND TWO (2) SINGLE DETACHED DWELLING 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-003-12 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-003-12 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-003-12, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. 1 kl �N Submitted by: Reviewed by: Da .,tror'e, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer ATS/CP/df/av 23 December 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 REPORT NO.: PSD-003-12 Page 2 1. 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)R1-76)" 2. BACKGROUND 2.1 The lands identified on Attachment 1 received draft plan approval in 2009 for the 44 dwelling units along McBride Avenue. The plan of subdivision was registered as Plan 40M-2446 on July 28, 2011. 2.2 A condition of draft approval required the applicant to submit a site plan application for the 44 dwelling units. The units will have vehicular access via a private rear laneway to private garages and parking spaces in the new urbanism style. Various access easements were required and have been approved through the Region of Durham's Land Division Committee. 2.3 When the subject lands were rezoned in 2009, the lands were placed in the "Holding — Urban Residential ((H)R1-76) Zone" which established appropriate lot areas, frontages, and setbacks. 2.4 In 2010, a site plan application was received for the 44 units. Once all comments relating to the application were addressed, the Director of Engineering Services and the Director of Planning Services issued site plan approval subject to conditions on December 19, 2011. 2.5 The Holding (H) symbol applies to the R1-76 Zone and is in place to ensure that certain obligations are considered prior to development, such as: 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. 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-003-12 Page 3 3. STAFF COMMENTS 3.1 The forty-four (44) dwelling units have been draft approved since 2009. Since the submission of the site plan application in 2010, a detailed review of the development proposal has taken place (SPA 2010-0025). 3.2 The applicant agreed to the draft conditions of site plan approval. Site plan approval for the medium density units includes the approval of site plan and elevation drawings, servicing and grading drawings, and landscape plans. A performance guarantee in the amount of$66,074.40 will also be required. 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. 3.4 The Site Plan Agreement (SPA 2010-0025) is expected to be executed shortly and pending receipt of all financial obligations under the agreement, the applicant will have satisfied all municipal requirements through the site plan process. 3.5 Staff are recommending approval of the rezoning for the removal of the "Holding (H)" symbol at this time. Although the site plan agreement has not been executed, this is a requirement of the executed subdivision agreement and the applicant has agreed to the conditions of site plan approval. Approval of the by-law at this time (Attachment 2) will ensure there are no delays in issuing building permits once the site plan obligations, financial and otherwise, are satisfied. The subject lots have an agreement with the Region for sanitary capacity. 4. CONCURRENCE - Not Applicable 5. CONCLUSION 5.1 Approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. 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: Anne Taylor Scott REPORT NO.: PSD-003-12 Page 4 Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding List of interested parties to be advised of Council's decision: Kaitlin Homes Aspen IV Limited Regional Planning Attachment 1 To Report PSD-003-12 d � 13aa1s aalxve � C J onoavn a.r E (nom $ O ovo aaa 00 'a Q. 0 ran 0 4 Q E N Of` pOR 133a1S M HSI O B O y O \c�oa s zdo a m N , 2 ,r W�aa o o a m =_ m =3 m tM J uo os r 3„ ov,00 W N = Y J N d CL ® c 0 3 a 0 CO U d U Q CIVO21 N33210 LL 133�J1S MVHSN011f18 O 3 NVI OVi O o- m ��d1 1lOOb100M Attachment 2 To Report PSD-003-12 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 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 former Town of Newcastle to implement 18T-90051; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule"3"to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding—Urban Residential Exception (H)R1-76 Zone"to"Urban Residential Exception (R1-76)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 y-law 2011 . , passed this day of 2011 A.D. PP 0 ¢ z w w r w w 2 w ry J O (n U z oBUXTON O- N O m EMZoning Change From"(H)R1-76"To"R1-76" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk N IVA Subject RY® P Site ,�PExsPRa,G6DR�E BONNYO LE DR EST s GZ ,E 6T ROO OF CRE6CENT 2 ENFOU DD BOWMANVILLE "� DN T , ZBA2009-0008 SCHEDULE W R r