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Home My WebLink AboutPSD-015-12 Clarftwn REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 19, 2012 Resolution#: 609A la By-law#: o901d Report#: PSD-015-12 File#: ZBA 2011-0032 Subject: APPLICATION FOR REMOVAL OF HOLDING 40M-2462 APPLICANT: 2134359 ONTARIO LTD. (BAYWOOD HOMES) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-015-12 be received; 2. THAT the application submitted on behalf of 2134359 Ontario Ltd. (Baywood Homes) to remove the Holding (H) symbol be approved and that the attached By-law to remove the Holding (H) Symbol be passed; 3. THAT Council's decision and a copy of Report PSD-015-12 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation (MPAC); and 4. THAT all interested parties listed in Report PSD-015-12 and any delegations be advised of Council's decision. Submitted by: an�� Reviewed by: �° David J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer CS/CP/df 8 March 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-015-12 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant: Baywood Homes 1.2 Owner: 2134359 Ontario Ltd. (Baywood Homes) and Orchard Park Estates (Bowmanville) Inc. 1.3 Proposal: Removal of Holding (H) Symbol from: "Holding — Urban Residential ((H)R1) Zone " to " Urban Residential (R1)" Zone; "Holding – Urban Residential ((H)R2) Zone" to "Urban Residential (R2)" Zone; "Holding-Urban Residential Exception ((H) R2-30) Zone " to "Urban Residential Exception (R2-30) Zone"; "Holding-Urban Residential Exception((H) R2-41) Zone" to "Urban Residential Exception(R2-4 1) Zone"; and "Holding-Urban Residential Exception ((H) R3-20) Zone" to "Urban Residential Exception(R3-20) Zone". 1.4 Related Applications i) Removal of Part Lot Control to allow the creation of ten (10) semi detached units in 40M-2066. ii) Removal of Part Lot Control to allow the creation of fourteen (14) townhouse units in 40M-2462. 1.5 Location: All lots and blocks in Plan 40M-2462, Lots 46 to 50, inclusive, 40M-2066, Redfern Crescent and Forrester Drive, Part Lot 10, Concession 2, former Town of Bowmanville (see Attachment 1). 2. BACKGROUND 2.1 On June 9, 2011 an application was submitted requesting that the Holding (H) Symbol be removed from Registered Plan 40M-2462. Plan 40M-2462 was registered on February 16, 2012. 3. STAFF COMMENTS 3.1 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 REPORT NO.: PSD-015-12 PAGE 3 any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. 3.2 The Subject property, known as Napa V, is zoned "Holding — Urban Residential ((H)R1) Zone"; "Holding – Urban Residential ((H)R2) Zone; "Holding-Urban Residential Exception ((H) R2-30) Zone"; "Holding-Urban Residential Exception((H) R2-41) Zone"; and "Holding-Urban Residential Exception((H) R3-20) Zone". Council must be satisfied that the provisions of the Official Plan are met prior to removing the Holding symbol and no building permits can be issued. The applicant has entered into a subdivision agreement with the Municipality and there are no concerns with lifting the 'H' symbol. 3.3 A Zoning By-law Amendment to remove the Holding (H) symbol cannot be appealed and shall be deemed final and binding upon Council's approval. 3.4 Related applications for the removal of part lot control for Blocks 34 to 36 of Registered Plan 40M-2462 and Lots 46 to 50 of Plan 40M-2066 have been approved by the Director of Planning Services as per the recent delegation of approval for removal of part lot control. The By-laws will appear on Council's agenda for March 26, 2012. 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 for lots and blocks in 40M-2462, 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: Cynthia Strike REPORT NO.: PSD-015-12 PAGE 4 Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment to Remove 'H' Symbol List of interested parties to be notified of Council's decision: Baywood Homes Region of Durham III 11 11111111111111= 111111 OWN �` ��i`�11111 11111 - • 111 111111111111111111111111111 aumilll� //� � � 1111111111111111111111 ■ Illlllll�li ��//�� Off''. 1111 ., �• 111 � , :1111111111111111111111.___ =111111- - - `�� — • 11111111111111�� ■:'_11111__ilillllllll , ,. / \� � _ _ —_ , 11111111111111111111 ■■,illl�� !'fit' °�� IIIIIIIIIIIIIIIIIIII _ ��' = �_ _ • 'per'111111111111111111•=� � k`�1, � iii!�,�b��% � • ' 11111111111111 ��:• ��:\ i��; '•�11\�i � • X1111',1111111\t— �, ,; �� • .■■x.111■■11■� �i��!�■�■■■1 ■ IN ff A, MEN ONO S®RNSNISH RUN • X11�il"111.111�1��1� �� , i ��►� �� \� �,.,, �■■ ,-,.,�� 11111 •• I , ■�� L� ME MEN 0 1 �� Attachment 2 To Report PSD-015-12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2012- 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 33 single detached dwelling lots on the subject lands and 14 townhouse units 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 "3" (Bowmanville)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding—Urban Residential ((H)R1)Zone"to"Urban Residential (R1)Zone"; "Holding—Urban Residential ((H)R2)Zone"to "Urban Residential (R2)Zone"; "Holding — Urban Residential Exception ((H)R2-30) Zone" to "Urban Residential Exception (R2-30)Zone'; "Holding — Urban Residential ((H)R241) Zone" to "Urban Residential (R2-41) Zone"; "Holding—Urban Residential ((H)R3-20)Zone"to"Urban Residential (R3-20)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 2012 BY-LAW read a second time this day of 2012 BY-LAW read a third time and finally passed this day of 2012 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2012- , passed this day Of , 2012 A.D. REpFERN.CR w W w � W W w 0 z w U z O w u_ 0 w G! ® Zoning Change From"(H)R1"To I'M /V ® Zoning Change From"(H)R2"To"R2" Zoning Change From"(H)R2-30"To"R2-30" ® Zoning Change From"(H)R2-41"To"R2-41" Zoning Change From"(H)R3-20"To"R3-20" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk CLA JOLN S R MEADOW VI SCOTTSDALEDRNE 0 BOULEVA _ O w �d ¢ f SPRUCEWOOD � y K Z O CR SUNICREST BOULEVARD O URIC E MADDEN PLA � ey FOURTH ST VANSTONE COURT MADDEN PL 5 P SUMMERFI D SUNSET ROAD yy HUTTON PLY F 5 K F1 ME T THIRD STREET IRELAND STREET HUTTON HE MACONNACH �o BOWMANVILLE EY RD ¢ APP E BLOSSOM BOU Evi ZBA 2011-0019" Schedule 3'