HomeMy WebLinkAboutPSD-023-12 Clarftwa REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: April 23, 2012 Resolution#: By-law#: -901,9-
Report#: PSD-023-12 File#: ZBA 2011-0038
Subject: APPLICATION FOR REMOVAL OF HOLDING
BLOCK 98 OF PLAN 40M-1904
WED INVESTMENTS LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-023-12 be received;
2. THAT the application submitted by WED Investments Ltd. to remove the Holding (H)
symbol from Block 98 of 40M-1904 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); and
4. THAT all interested parties listed in Report PSD-023-12 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by:
Da i . Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
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17 April 2012
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD- 023 -12
1. APPLICATION DETAILS
1.1 Owner: WED Investments Ltd.
Paae 2
1.2 Proposal: 1) Removal of Holding (H) Symbol from "Holding — Urban Residential
Exception ((H)R2 -73) "; and
2) Removal of Part Lot Control Exemption on Block 98 of 40M -1904 to
allow the creation of two lots for single detached dwellings.
1.3 Location: Block 98 of 40M -1904, 105 and 109 Boswell Drive
2. BACKGROUND
2.1 On December 19, 2011 application was received for exemption to remove the "Holding
(H)" prefix from Block 98 on 40M -1904 together with a second application requesting
exemption from Part Lot Control for the subject lands.
2.2 Block 98 on 40M -1904 was originally draft approved as a future residential development
as part of draft plan of subdivision18T- 88047. At the time of Draft Approval it was
expected that the parcel would be developed in the future together with lands to the
west when the Bowmanville urban area boundary expanded. Given more recent policy
direction development of the lands outside the urban boundary for urban uses will not
occur for many years. In February 2010 after careful consideration of an application for
zoning by -law amendment, Council decided to deny an application to rezone the subject
lands to allow the creation of two single detached dwellings. Said decision was
appealed by the applicant and approved by the Ontario Municipal Board. The OMB
approved the application and approved a by -law allowing the creation of two lots as
originally recommended by staff.
2.3 The application for Removal of Holding and for Removal of Part Lot Control Exemption
proposes dividing the block into two residential lots for the construction of single
detached dwellings as contemplated through the rezoning approved in 2010.
2.4 A noise attenuation study required in support of the proposed applications was received
on March 27. The report concluded that a noise barrier is not required for the outdoor
amenity area; that the dwellings do not need to be fitted with air conditioning units; or
have additional sound insulation above typical Ontario Building Code requirements; and
that warning clauses are not required to be registered on title.
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 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.
REPORT NO.: PSD- 023 -12
3.2 The subdivision agreement for 40M -1904 remains applicable for the provision of
services; municipal water, sanitary sewer, storm water connections, grading and
drainage and securities.
3.3 The noise study recommendations were reviewed by the Region of Durham Planning
Department, who is the delegated authority on noise issues. They have advised they
concur with the recommendations of the study.
3.4 The Director of Planning Services has approved the application for Exemption to Part
Lot Control in accordance with the delegated authority of Planning Services functions
approved by Council. A copy of the By -law implementing the Director's approval will
appear on the Council agenda.
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.
6. CONFORMITY WITH STRATEGIC PLAN
6.1 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 By -law
List of interested parties to be advised of Council's decision:
Kelvin Whalen
3
Attachment 1
To Report PSD- 023 -12
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Attachment 2
To Report PSD -023 -1
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 two single detached dwellings on the subject
lands;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
Schedule "3" (Bowmanville)" to By -law 84 -63, as amended, is hereby further
amended by changing the zone designation from:
"Holding — Urban Residential Exception ((H)R2 -73) Zone" to "Urban Residential
Exception (R2 -73) 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 passed in open session this 30"' day of April, 2012.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By -law 2012- ,
passed this day of , 2012 A.D.
Adrian Foster, Mayor
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® Zoning Change From "(H)R2 -73" To "R2 -73"
Patti L. Barrie, Municipal Clerk
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