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HomeMy WebLinkAboutPSD-034-18Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: April 23, 2018 Report Number: PSD -034-18 Resolution: PD -074-18 File Number: ZBA 2018-0004 By-law Number: Report Subject: An Application by Bowmanville Lakebreeze West Village Ltd. for the removal the "(H) Holding" symbol to permit a total of 115 residential units in Port Darlington, Bowmanville Recommendations: That Report PSD -034-18 be received; 2. That the application submitted by Bowmanville Lakebreeze West Village Ltd. to remove the "(H) Holding" symbol be approved for Lots 1 to 17, and 63 to 139 in 40M-2615 (Lakebreeze West) and that the attached By-law be passed; 3. That once all the conditions contained in the Official Plan with respect to the removal of (H) Holding are satisfied, the By-law authorizing the removal of the "(H) Holding" symbol on the balance of the lands in 40M-2615, (Lakebreeze West), be forwarded to Council for approval; 4. That once all the conditions contained in the Official Plan with respect to the removal of (H) Holding are satisfied, including Site Plan Approval for various blocks within 40M- 2614 (Lakebreeze East), the By-law authorizing the removal of the "(H) Holding" symbol for said lands be forwarded to Council for approval; 5. That Council's decision and a copy of Report PSD -034-18 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation; and 6. That all interested parties listed in Report PSD -034-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -034-18 Report Overview Page 2 This report is recommending approval of an application by Bowmanville Lakebreeze West Village Ltd. to remove the "(H) Holding" symbol affecting various lots in 40M-2615 (Lakebreeze West) to permit the development of 115 residential units. The report is also recommending that a By-law to remove the "(H) Holding" be forwarded to Council for approval at a future date once certain obligations have been met. In addition, the report is recommending that the "(H) Holding" symbol for 40M-2614 (Lakebreeze East), be forwarded to Council at such time as Site Plan Approval for each block has been is issued and the necessary conditions of fulfilled. 1. 1.1 1.2 1.3 Application Details Owner: Bowmanville Lakebreeze West Village Ltd. Bowmanville Lakebreeze East Bowmanville Lakebreeze Towns Agent Proposal: 1.4 Area: 1.5 Location: 1.6 Roll Number: Enzo Bertucci, Kaitlin Corporation Removal of "(H) Holding symbol from: "Holding -Urban Residential Exception ((H) R1-92) Zone"; "Holding -Urban Residential Exception ((H) R2-54) Zone"; "Holding -Urban Residential Exception ((H) R2-55) Zone"; and "Holding -Urban Residential Exception ((H) R2-82) Zone". 18.49 hectares Lakebreeze West 13.71 hectares Lakebreeze East Part Lots 5, 6, 7 & 8, Concession Broken Front, former Township of Darlington 18-17-010-010-02300, 18-17- 010- 010 01600 and 18-17- 010- 010- 01400 1.7 Within Build Boundary: Yes Municipality of Clarington Report PSD -034-18 Page 3 I` 14IG - ., f,saRVICE wppY4o7Y " a ❑ Upgrade to South Service/Lambs Road - -Wa o prior to issuance of first building permit. LIU;Y) U r� 2 pgrade to CN Railway Overpass r r1 , ZBA 2018-0004 i� oOD N Future EP cevelopment Ail SWM ���High-C Future Park & Open Space - _TExistingi Residential Lakebreeze West Port Darlington Road constructed between East Beach Road and Bennett Road prior to issuance of first building permit. 2. Background at South Service/Lambs Road to accomodate aerial firetruck prior to issuance of first building permit. Upgrade to Bennett Road and level crossing prior to issuance ill of first building permit. Lakebreeze East Figure 1: Subject lands W Z Z w------ )V X 2.1 Two plans of subdivision comprise the subject lands: Lakebreeze East (S -C-2002-002) which was draft approved in 2012 and registered as 40M-2614 on February 27, 2018; and Lakebreeze West (S -C-2013-002) which was draft approved in 2014 and registered at 40M-2615 on February 27, 2018 (See Figure 1). Both these subdivision applications and associated rezoning applications were approved by the Ontario Municipal Board. 2.2 On February 1, 2018 an application was submitted requesting the removal of the "(H) Holding" for both Lakebreeze West and East. At this time, the developer is seeking the removal of the "(H) Holding" symbol for only Lakebreeze West which will facilitate the development of 234 single and semi-detached dwellings. The application was required because the rezonings were approved by the Ontario Municipal Board through a settlement hearing. As such the typical recommendation dealing with the removal of the Municipality of Clarington Report PSD -034-18 "(H) Holding" was not part of the OMB decision. The parkland, open space and environmental protection lands, and the stormwater management facility were transferred into municipal ownership with the registration of both subdivisions. 3. Discussion Official Plan Policies Page 4 3.1 The "(H) Holding" 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. The applicant has entered into a subdivision agreement with the municipality, submitted the necessary studies to support the development and posted the necessary financial securities. Obligations under the Subdivision Agreement 3.2 The standard subdivision agreement contains clauses which set out what is required prior to the issuance of the first building permit. In this instance, the developer is also required complete substantial infrastructure improvements, these include: x The construction of Port Darlington Road form Bennett Road to East Beach Road to an urban standard, including full municipal services, sidewalks, illumination and associated landscaping; x The completion of improvements to Bennett Road from the 401 to Port Darlington Road including necessary improvements to the at -grade Canadian National Railway level crossing; and x The completion of improvements to South Service Road/Lambs Road and the subway approaches from the limit of 40M-2614 to Lake Road. See Figure 1. 3.3 As a condition of Draft Approval, these works were required to be completed prior the issuance of the first building permit to mainly ensure access to/from the site in an emergency situation. It is also eliminates the ability for construction traffic to use established routes within the Port Darlington community. 3.4 At this point, only a portion of Port Darlington Road has been complete from East Beach Road to half way to Lambs Road. The installation of the watermain on Lambs Road is near completion and the improvements to the subway on Lambs will be complete within approximately 4 weeks. The improvements to Bennett Road rail crossing have not commenced as yet. Services have been installed in two internal roads in Lakebreeze West and have been paved. 3.5 The developer is requesting the removal of "(H) Holding" symbol so that building permits can be issued, so that they can meet their obligations with purchasers. Municipality of Clarington Report PSD -034-18 Page 5 3.6 The Ontario Building Code allows the Chief Building Official to issue conditional building permits, subject to entering into an agreement, which will not permit occupancy until various works are completed. Failure to meet the obligations can result in charges under the Building Code Act. 3.7 Construction progress is being monitored daily by staff from Engineering Services. The Director of Emergency and Fire Services is satisfied that the temporary construction roads are sufficient for access in the case of an emergency. 3.8 Staff is further satisfied that appropriate level of progress has been achieved and do not object to the removal for the "(H)" to permit the issuance of the building permits for 73 single detached units and 42 semi-detached units. Subsequent by-laws to remove the (H) will be forwarded once substantial progress has been made and in consultation with the Director of Engineering Services and Director of Emergency and Fire Services. Lakebreeze East 3.9 There are several medium blocks and a high density block within Lakebreeze East. The applicant has applied for Site Plan Approval for the medium density blocks and the application is currently under review by staff. The zoning by-law to remove the "(H)" will be forwarded to Council once all the necessary requirements of the Official Plan have been fulfilled including a Site Plan Agreement with the Municipality of Clarington. 3.10 A Zoning By-law Amendment to remove the "(H)" symbol cannot be appealed and shall be deemed final and binding upon Council's approval. 3.11 All property taxes have been paid in full. 4. Concurrence The Director of Engineering Services and the Director of Emergency and Fire Services concur with the recommendations of the report. 5. Conclusion In consideration of the comments noted above, Staff are recommending that approval to remove all "(H)" Holding Symbol affecting Lakebreeze West (40M-2615) to permit 115 residential units, as shown on the attached By-law and schedule (Attachment 1) is recommended. 6. Strategic Plan Application Not applicable. Municipality of Clarington Report PSD -034-18 Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Page 6 Reviewed by: r Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Cynthia Strike Principal Planner, 905-623-3379 ext. 2410 or cstrike(a-)_clarington.net 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: The Kaitlin Corporation c/o Enzo Bertucci CS/CP/tg/nl Attachment 1 to Report PSD -034-18 The Corporation of the Municipality of Clarington By-law Number 2018-. 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 medium density buildings each containing 234 residential units on the subject lands (ZBA 2018-0004); 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 Exception ((H) R1-92) Zone" to "Urban Residential Exception (R1-92) Zone"; "Holding -Urban Residential Exception ((H) R2-54) Zone" to "Urban Residential Exception (R2-54) Zone"; "Holding -Urban Residential Exception ((H) R2-55) Zone" to "Urban Residential Exception (R2-55) Zone"; and "Holding —Urban Residential Exception ((H R2-82) Zone" to `Urban Residential Exception (R2-82) 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 day of 2018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2018- , passed this day of 12018 A.D. Cand�'dn Nat�Ona/ Yacht Drive m L J C > fn J L L � ai-� S= LO� LU �' �C p L L U _Q L�J II [I Port Darlington Road ' Lake Ontario Zoning Change From "(H)R1-92" To "R1-92" Zoning Change From "(H)R2-54" To "R2-54" N Zoning Change From "(H)R2-55" To "R2-55" Zoning Change From "(H)R2-82" To "R2-82" Adrian Foster, Mayor Bowmanville • ZBA 2018-0004 • Schedule 3 C. Anne Greentree, Municipal Clerk