HomeMy WebLinkAboutPSD-058-15 Clarftmn
Planning Services
Report
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Report To: Planning and Development Committee
Date of Meeting: November 16, 2015
Report Number: PSD-058-15 Resolution: P
File Number: ZBA 2015-0023 By-law Number:
Report Subject: An Application by 1494339 Ontario Limited (Foley Group)
for Removal of Holding Symbol
Recommendations:
It is respectfully recommended that the Planning and Development Committee recommend to
Council the following:
1. That Report PSD-058-15 be received;
2. That the application submitted by 1494339 Ontario Limited (Foley Group) to remove the
Holding (H) symbol be approved;
3. That the By-law contained in Attachment 1 to remove the Holding (H) Symbol for lots
fronting on to Daiseyfield Avenue be passed;
4. That once all conditions contained in the Official Plan and Zoning By-law with respect to
the removal of the (H) Holding Symbol for the balance of plan of subdivision 18T-90003
are satisfied, a By-law authorizing the removal of the (H) Holding Symbol will be
forwarded to Council;
5. That Council's decision and a copy of Report PSD-058-15 be forwarded to the Region of
Durham and the Municipal Property Assessment Corporation; and
6. That all interested parties listed in Report PSD-058-15 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-058-15 Page 2
Report Overview
The purpose of this application is to remove the Holding Symbol for the lands within Draft
Approved Plan of Subdivision 18T-90003. The Holding is proposed to be done in two phases.
Phase 1 allows for the creation of two semi-detached/link lots fronting on Daiseyfield Avenue,
phase 2 will remove the Holding Symbol from the balance of the subdivision once the Owner
has entered into a subdivision agreement with the Municipality of Clarington.
1 . Application Details
1.1 Owner: 1494339 Ontario Limited (Foley Group)
1.2 Applicant: 1494339 Ontario Limited (Foley Group)
1.3 Proposal: Removal of Holding (H) Symbol from:
"Holding - Urban Residential ((H) R1) Zone
"Holding - Urban Residential Exception ((H) R2-71) Zone";
"Holding - Urban Residential Exception ((H) R2-72) Zone"; and
"Holding - Urban Residential Exception ((H) R3-40) Zone".
1.4 Area: 6.3 ha
1.5 Location: Part Lot 31, Concession 3, former Township of Darlington
1.6 Within Build Boundary: No
2. Background
2.1 On October 20, 2015 an application was submitted requesting that the Holding (H)
Symbol be removed from the lands included in Draft Approved Plan of Subdivision 18T-
90003. The subject lands were draft approved in March 2011. Extension to Draft
Approval was granted June 2014. The subject lands were originally considered together
with a plan of subdivision on the lands abutting to the east. Since draft approval the
developer has been building out 40M-2528, to the east, as phase 1 of his development
and is currently working to finalize a subdivision agreement with the Municipality of
Clarington for the subject lands as phase 2.
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 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.
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.
Municipality of Clarington
Report PSD-058-15 Page 3
3.2 A small triangular portion of the lands zoned (H) R1 were intended to meld with Block 36
of 40M-1954 to create two semi-detached/linked dwellings, four units in total. All
requirements for the removal of holding related to the two semi-detached/linked lots have
been satisfied and the "H" can now be lifted.
Figure 1: Key Map
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Lands Subject
To Removal Of
Holding Phase II
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Lands Subject
To Removal Of Block 36 On Registered L-
Holding Phase I Plan 40M-1954 w
DAISEYFIELD AVENUE w
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-- ZBA 2015-0023
3.3 The applicant is working with staff to complete a subdivision agreement for the balance of
the lands. At such time the agreement has been executed to the satisfaction of the
Director of Planning Services, and the appropriate security has been received a second
by-law removing the "H — Holding" prefix from the balance of the lands will be brought
forward for Council's approval.
3.4 Property taxes are current. However, a recent reassessment has led to additional back-
dated taxes owing. These will be collected prior to the second phase of lifting the 'H'
symbol.
Municipality of Clarington
Report PSD-058-15 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 for Block 67 of 40M-2528 as shown on the attached By-law and Schedule
(Attachment 1) is recommended at this time.
6. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
Davi . Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Carlo Pellarin, Manager of Development Review, 905-623-3379 ext. 2408 or
cpellarin(c clarington.net Attachments:
Attachments:
Attachment 1 - Zoning By-law Amendment to Remove `H' Symbol
The following is a list of the interested parties to be notified of Council's decision:
Mark Foley
CP/df
Attachment 1 to
Municipality of Clarington Report PSD-058-15
The Corporation of the Municipality of Clarington
By-law 2015-
being a By-law to amend By-law 84-63, the Comprehensive 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 By-law 84-63, as amended, of the Corporation of the Municipality of Clarington to
permit the development of two residential lots 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 "4" (Courtice)" to By-law 84-63, as amended, is hereby further amended
by changing the zone designation from:
"Holding-Urban Residential Type One ((H)R1) Zone"to "Urban Residential Type One
(R1) 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. J
By-Law passed in open session this day of , 2015
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2015- , passed this day of , 2015 A.D.
ADELAIDE AVENUE
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Zoning Change From"(H)R1"To"R1"
Adrian Foster,Mayor Courtice • ZBA 2015-0023 • Schedule 4 C.Anne Greentree,Municipal Clerk