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HomeMy WebLinkAboutPDS-032-22Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: June 20, 2022 Report Number: PDS-032-22 Submitted By: Ron Warne, Manager of Development Review Reviewed By: Mary-Anne Dempster, CAO File Number: ZBA2019-0012 Resolution#: C-153-22 By-law Number: 22-040 Report Subject: Application for Removal of Holding by Nutshell Investments Limited at 2832 Courtice Road, Courtice Recommendations: 1.That Report PDS-032-22 and any related delegations or communication items, be received; 2.That the application submitted by Nutshell Investments Limited to remove the Holding (H) symbol be approved as contained in Attachment 1 to Report PDS-032- 22; 3.That Council’s decision and a copy of Report PDS-032-22 be forwarded to the Region of Durham, Planning and Economic Development Department and the Municipal Property Assessment Corporation; and 4.That all interested parties listed in Report PDS-032-22 and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-032-22 Report Overview The purpose of this report is to recommend approval of the application to remove the (H) Holding Symbol to permit the development of a three-storey apartment building with 21 units at 2832 Courtice Road. The applicant ha s completed the site plan approval process to meet its requirements and that of the Official Plan for removal the holding symbol. 1. Application Details 1.1 Owner: Nutshell Investments Limited 1.3 Agent: Alta Developments 1.4 Proposal: Removal of Holding (H) Symbol from: "Holding - Urban Residential Type Four ((H)R4) Zone" to “Urban Residential Type Four (R4) Zone”. 1.5 Area: 0.44 hectares (1.09 acres) 1.6 Location: 2832 Courtice Road, Courtice 1.7 Roll Number: 181701005017700 1.8 Within Build Boundary: Yes 2. Background 2.1 On July 15, 2019, the applicant submitted Site Plan approval and Removal of (H) holding applications for the property at 2832 Courtice Road in Courtice. 2.2 Clarington and Central Lake Ontario Conservation Authority staff have been working with the applicant to determine the natural heritage features on the north portion of the lands. The determination of the natural heritage features and buffers have been completed and the development limits on the property have been set based on this work. As a result of determining the development limits the applicants have revised the Site Plan application for a three-storey apartment building with 21 dwelling units. Municipality of Clarington Page 3 Report PDS-032-22 Municipality of Clarington Page 4 Report PDS-032-22 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 features, 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 the Official Plan. 3.2 The Subject property is zoned "Holding-Urban Residential Type Four ((H)R4) Zone”. The apartment building use is permitted within the R4 zone. 3.3 On January 27, 2022, the Committee of Adjustment approved Minor Variance application A2022-0001 to reduce the front yard and north interior side yard setbacks and reduce the minimum landscaped open space requirements to facilitate a three- storey apartment building with 21 units. The public was circulated notice of the application and the minor variance application was approved and received no appeals. 3.4 The applicant has signed back conditions of approval for the site plan application, which include securities and land dedications; the site plan agreements are in the process of being finalized. The applicant has submitted buildings permits and anticipates starting site works in the coming month. 3.5 Council must be satisfied that the provisions of the Official Plan are met prior to removing the (H) Holding Symbol, otherwise no building permits can be issued. The applicant has been working to fulfil the conditions of the site plan approval including the site plan agreement. Planning and Development staff are satisfied the requirements of the Official Plan have been met and have no concerns with lifting the “H” symbol. 4. Concurrence Not Applicable. 5. Conclusion It is respectfully recommended that in consideration of the comments noted above, the "Holding (H)" symbol for the property located at 2832 Courtice Road, as shown on the attached By-law and schedule (Attachment 1) be approved. Staff Contact: Brandon Weiler, Principal Planner, 905-623-3379 ext. 2424 or bweiler@clarington.net. Attachments: Municipality of Clarington Page 5 Report PDS-032-22 Attachment 1 – Zoning By-law Amendment to Remove “H” Symbol Interested Parties: List of Interested Parties available from Department. Attachment 1 to Report PDS-032-22 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law Number 2022-______ 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 for ZBA2019-0012; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding - Urban Residential Type Four ((H)R4) Zone" to “Urban Residential Type Four (R4) Zone" as illustrated on the attached Schedule ‘A’ hereto. 2. Schedule ‘A’ attached 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 the provisions of Section 34 and Section 36 of the Planning Act. Passed in Open Council this _____ day of ____________, 2022 __________________________ Adrian Foster, Mayor __________________________ June Gallagher, Municipal Clerk