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Home My WebLink AboutPSD-113-04 . 4 ClfJ!!lJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: , Monday, September 20, 2004 Report #: PSD-113-04 File #: ZBA 2004-039 and ZBA 2004-040 !;e&c'(JIJ - 37 ~.-o~ By-law ~~(;:.:lG1 C200c.( -;;;J---(c) Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL AND APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: MEARNS EAST DEVELOPMENTS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-113-04 be received; 2. THAT the application submitted by Meams East Developments Inc. to remove the Holding (H) symbol be APPROVED and that the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; 3. THAT the request for removal of Part Lot Control with respect to Lots 1 to 12, 21 to 24 and Blocks 29 to 36 inclusive, on Plan 40M-2202 be APPROVED and that the attached Part Lot Control By-law be passed pursuant to Section 50 (7.1) of the Planning Act; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: ..~ .4<---C{ . {~It H1fnklin Wu, Chief Administrative Officer D i . Crome, MCIP, R.P.P. Director of Planning Services L TlDJC/df 10 September, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 634 REPORT NO.: PSD-113-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Mearns East Developments Inc. 1.2 Rezoning: Removal of the "Holding (H)" symbol from the following zoning categories: · "Holding-Urban Residential Type One ((H)R1)" · "Holding-Urban Residential Type Two ((H)R2)" · "Holding-Urban Residential Type Three ((H)R3)" · "Holding-Urban Residential Exception ((H)R3-15)" · "Holding-Urban Residential Exception ((H)R3-16)" to permit the development of draft plan of subdivision 18T-95005 now registered under plan 40M-2202. 1.3 Part Lot Control Removal: Lots 1 to 12,21 to 24 inclusive and Blocks 29 to 36 inclusive, Plan 40M- 2202 (Attachment 2). 2.0 BACKGROUND 2.1 On August 30, 2004, Staff received a request from Mearns East Developments Inc. for the removal of the "Holding (H)" symbol from the recently registered Plan of Subdivision 40M-2202 as well as a request for the removal of Part Lot Control with respect to Lots 1to 12, 21 to 24 inclusive, and Blocks 29 to 36 on Plan 40M-2202. 2.3 Draft Plan of Subdivision 18T-95005 received approval for 12 single family dwelling units, 32 semi-detached dwelling units and 40 townhouse units. The removal of Part Lot Control would facilitate the construction of the approved semi-detached dwelling and townhouse units. 3.0 COMMENTS 3.1 The "Holding (H)" symbol affects all Lots and Blocks, on Plan 40M-2202. The applicant has entered into a subdivision agreement with the Municipality and there are sufficient financial guarantees to ensure completion of subdivision 40M-2178. The application has been reviewed in the context of Sections 23.4.2 and23.4.3 of the Clarington Official Plan. Staff are satisfied that the following matters have been addressed and approved to the satisfaction of the Municipality including, but not limited to: · Services and municipal works; · Submission of technical studies; · Measures to mitigate the impact of development; and · Execution of the appropriate agreements. 635 REPORT NO.: PSD-113-04 PAGE 3 3.2 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (Attachment 4) to exempt the subject lands from Section 50 (5) of the Planning Act. 3.3 Attachment 5 is a Summary Table provided in accordance with the Region of Durham's requirements under the delegation of Part Lot Control. It details lots/blocks affected by the Part Lot Control By-law, the unit type and the number of the Part Lot Control By-law. 3.4 The Finance Department has confirmed that the taxes are up to date for the subject properties. 4.0 RECOMMENDATIONS 4.1 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 3) is recommended. 4.2 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the Part Lot Control By-law may provide a specified timeframe during which the By-law shall be in force. As a result, it is not necessary for Staff to prepare a second By-law to restore Part Lot Control on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. Staff recommends that the By-law be in force for a three (3) year period following Council approval, ending September 27,2007. Attachments: Attachment 1 - Key Map for Removal of Holding Application Attachment 2 - Key Map for Removal of Part Lot Control Application Attachment 3 - By-law for Removal of Holding (H) Attachment 4 - By-law for Removal of Part Lot Control Attachment 5 - Unit Type and Number Summary Table 036 ATTACHMENT 1 I Thi.S is Schedule "A" to By-law 2004- , passed this day of .2004 A.D. l e: P LAN , 1-- ',-URE: 1.1.: "IU", DE SIT'f ,O~, "'". TH . ,"- ,,,rURE M <), U M D ~ .'i SIT Y E P LAN 'B T - 8.9 (I 5 41 joh, \t.JttC1, Mayor I Co , ,",-" '0'. / y / ~ /' )Y/I S:~i~:~;:~~" g'Mfu;~i Iii ,~~'!f,";;;'!f ~ ;;:,:;;~~:~; "'" 'if ,,",;;, ~; /,; :\:t~ "~ Il j , , LeT s! " ,. '<'0(, r." ."."~,,... ?W'F"" """" --_.~' " "~ It.." ~ I" , :!{ Lblc"' \~\ \ \.~----- i~. " ';..,- QP,'c3l".C' BL8:V3,' "-"':'0 - "9 ,.0.:. PART 2 PLNl ,,.,...,." .:SU"JECT'O....""'ENT...'NNLJ:1'C5l --- ----... R,,6,,i~ '/,ij:\'/ r- ::-[-J :J~ - -- ~ ------- "- ---/ /----- Clerk IZ:zI t.:i';;:::;.<:::q IlllllllI ~ ~ Zoning Change From "(H)R1" To "R1" Zoning Change From "(H)R2" To "R2" Zoning Change From "(H)R3" To "R3" Zoning Change From "(H)R3-15" To "R3-15" Zoning Change From "(H)R3-16" To "R3-16" ~ ~ /i " 0::.17 11) ATTACHMENT 2 P<AN IBT-B.j CON C E O.JmRESER\IE B"OC.", C,J", RESERVE SWC<45 "''''......,..., "n?~;~"'", N'<J;.':If'"" - F'UTURE M~OIUM @ 2 1< ~ '. ~ 8 ~ ~ ~ z f-- l,j lw o_ K '1 " , I' " ,~ . 0" ~ " , Ii ~E , , ILJ~ g , ~ G , o it () _ 0 - DENSITY C1PE:_S.'A:E 8LOO(oIO ::::J .....0......0... '0....7 FI.ITUlfe J ................ ,,:':':':':':;ii':.:':':':':: ................ ......-......... ................. J ~.i ~ ~ , aL~CK FOR ~UNICIPAL ?LRPCSES BcOCK"8 o ~ 0... (jI WO If rH .. VI:: ::::, IV 0 R r f.( ..............., ................. (:~:}~:~:~~:}~:~{::.. '" ~, ~ g ,lj" .~ , , , _f i FUTURE Nt It D! U M DENSITY en ~. .. ':lP'NSF'At:t: ,. B~OC~ 39 " " , PAR T .."'W''''''''' 2:: C::: O~Er-. SPACE 8LOCKJ8 (1.817ha-4,49ac.) PARTlPL..ANlllR-3953 {SUBJECTTOEASEWENT/l.SlNNL3220ll) &\ "', ! -LJ WATC:R QUilL ~y 3LCCK 6LOCK4-1 (O,631ho-l.56oc,) ~ '1 ------- :0: F~AIL VIA Y /1 ~i ~ iA~ _______ 0\ ------- C~~ / AriFiC r; v' ./, , ---------, 'e----- r-- - I I I PLAN 18T-890S41 -------------- ~ ZBA 2004-039 Lots Affected By Part Lot Control Lots 1-12 and Lots 21-24 incl. Blocks 29-36 incl. 40M-2202 Owner: Mearns East Developments Inc. u~(j THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004- being a by-law to amend By-law 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 adv!sable to amend By-law 84-63, as amended. of the Corporation of the former Town of Newcastie to implement ZBA 2004-40; NOW THEREFORE BE IT RESOVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follow: 1. Schedule "3" to By-law 84-63. as amended, is hereby further amended by changi! 'g the zone designation from: "Holding - Urban Residential Exception ((H)R1) Zone" "Holding - Urban Residential Exception ((H)R2) Zone" "Holding - Urban Residential Exception ((H)R3) Zone" "Holding - Urban Residential Exception ((H)R3-15) Zone" "Holding - Urban Residential Exception ((H)R3-16) Zone" To: 'Urban Residential Exception (R1) Zone" 'Urban Residential Exception (R2) Zone" "Urban Residential Exception (R3) Zone" "Urban Residential Exception (R3-15) Zone" "Urban Residential Exception (R3-16) Zone" 2. Schedule "A" altached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to th,. provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2004 BY-LAW read a second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Multon. Mayor Patti L. Barrie, Municipal Clerk 6J9 ATTACHMENT 3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004- being a by-law to exempt a certain portion of Registered Plan 40M-2202 from Pall Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control. Lots 1 to 12; 21 to 24 and Blocks 29 and 36 on Plan 401''''- 2202, registered at the Land Title Division of Whitby; NOW THEREFORE BE IT RESOVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follow: 1, That Subsection 5 of Section 50 of the Planning Act. this By-law 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 01 Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Lots 1 to 12; 21 to 24 inclusive and Blocks 29 to 36 inclusive on Plan 40M-2202. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act. this By-law shall be In force for a period of three (3) years ending on September 27.2007. BY-LAW read a first time this day of 2004 BY-LAW read a second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton. Mayor Patti L. Barrie. Municipal Clerk 0': ,j, \) ." ~ ATTACHMENT .. ATTACHMENT 5 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan #: 40M-2202 By-law: Result of Part Lot Control Exemption on Unit Type & Number Lots Affected Unit Type & Number Lot 1 Semi-detached 2 No increase in units Lot 2 Semi-detached - 2 No increase in units Lot 3 Semi-detached - 2 No increase in units Lot 4 Semi-detached - 2 No increase in units Lot 5 Semi-detached - 2 No increase in units Lot 6 Semi-detached - 2 No increase in units Lot 7 Semi-detached - 2 No increase in units Lot 8 Semi-detached - 2 No increase in units Lot 9 Semi-detached - 2 No increase in units Lot 10 Semi-detached - 2 No increase in units Lot 11 Semi-detached - 2 No increase in units Lot 12 Semi-detached - 2 No increase in units Lot 21 Semi-detached - 2 No increase in units Lot 22 Semi-detached - 2 No increase in units Lot 23 Semi-detached - 2 No increase in units Lot 24 Semi-detached - 2 No increase in units Block 29 Townhouse Units - 8 No increase in units Block 30 Townhouse Units - 4 No increase in units Block 31 Townhouse Units - 5 No increase in units Block 32 Townhouse Units - 3 No increase in units Block 33 Townhouse Units - 5 No increase in units Block 34 Townhouse Units - 5 No increase in units Block 35 Townhouse Units - 4 No increase in units Block 36 Townhouse Units - 6 No increase in units TOTAL Units 70 No increase 641