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Home My WebLink AboutPD-130-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: COWLE.GPA Meeting: General Purpose and Administration Committee Date: Monday, September 20, 1993 PD-130-93 #: File#: File # (~n f\ ,-- ::, II a 0 Res.#rrl1-~ ,L). # Subject: MR. & MRS. COWLE' S DELEGATION REQUESTING LINKED DWELLINGS ON PRESTONVALE ROAD Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-130-93 be received for information; and 2. THAT Mr. & Mrs. CowIe be advised of Council's decision. REPORT: 1. ORIGIN At the meeting held on september 13, 1993, Council directed staff to prepare a report with respect to the issue of linked homes being built on Prestonvale Road as a result of the delegation made by Mr. and Mrs. CowIe. Further, Council directed the report be placed on the GPA Agenda for September 20, 1993. Notice of the meeting has been forwarded to Mr. CowIe. Staff have placed Mr. CowIe's name as a delegation on the agenda as Staff have no access to an unlisted phone number to notify him before Wednesday noon. 2. BACKGROUND HISTORY OF BLOCK 159, PLAN lOM-797 2.1 Block 159, Plan 10M-797 was registered as a Plan of Subdivision in August, 1986. The subdivision agreement stipulates that prior to development of the said block, municipal services must be available and the block is not needed for road allowance purposes. No zoning change was made . . .2 RECYCLED PAPER rtE~~lgCE THiS IS PHII/TED ON RECYCLED PAPEfl REPORT NO.: PD-130-93 PAGE 2 at the time of subdivision registration and the block remains as "Urban Residential Type One (R1)" zone which permits either single family dwelling or semi-detached/linked dwelling subject to meeting the various frontage and yard setback requirements. 2.2 In 1987, Dr. King made application to amend the neighbourhood plan to change the "local municipal road" designation to "Residential" on Block 159 as an alternate access was provided through Renwick Road opposite Claret Road. Said amendment was approved by Council on March 24, 1988. Notice was posted on site and direct mailings were sent to approximately 100 adjacent property owners. Dr. King did not file any rezoning application at the time and Block 159 remained in "R1" zone. In a letter dated March 14, 1988 from the, then Planning Director Mr. T. Edwards to Mr. CowIe, Mr. Edwards indicated that "under the present zoning, if services were available, Block 159 could potentially be utilized for a single family dwelling or a semi-detached/linked dwelling". 2.3 By-law 84-63, being the Municipality's Comprehensive Zoning By-law, was approved on September 10, 1984. Said By-law was given first reading on May 14, 1984 and was published as a supplement to the Canadian Statesman and Newcastle Independent on May 30, 1984. Public information sessions were held in various locations throughout the, then Town of Newcastle on June 5, 6, 7, and 8, 1984 and a Public Meeting of the Town's General Purpose and Administration Committee was held on July 3, 1984. Subsequently, second and third reading were given on September 10, 1984 and the land i~ question was zone "(R1)" which is still the current zoning today. . . . 3 REPORT NO.: PD-130-93 PAGE 3 Prior to By-law 84-63, the property in question was zoned "R2" under the former Darlington Township By-law 2111 which does not permit linked dwellings. Comprehensive Zoning By-law 84- 63 was an attempt by the Town to consolidate the by-laws of the former Darlington Township, Clarke Township, Town of Bowmanville and Newcastle Village in order to effect consistent development standards throughout the entire municipality. 3. COMMENTS 3.1 After reviewing the matter, staff is satisfied that the notice requirement for change has been complied with in accordance to the Planning Act. The land is zoned "R1" which is the development right of the property owner. The municipality cannot deny building permits so long as the proposed linked dwellings conform to the yard, height, and setback requirements of the "R1" zone. In fact, building permits have been issued in accordance to the By-law of the Municipality. 3.2 with respect to the rest of the properties on the west side of Prestonvale Road, these properties are mostly occupied by older homes on large lots. Although their current "R1" zoning would permit linked dwellings, it is unlikely these well- maintained homes will be demolished to make way for linked dwellings in the near future. However, there is no guarantee that these older homes would not be demolished and the land redeveloped for linked dwellings. If any of these property owners wish to ensure their properties will not be used for linked dwellings in the future, a rezoning application process is available to them to pursue. . . . 4 REPORT NO.: PD-130-93 PAGE 4 3.3 All of the above information is respectfully submitted to Committee for information purposes as requested. Respectfully submitted, c)r~~~ \\ Franklin Wu, M.C.I.P. 1.\ I, Director of Planning lY and Development . FW*jip 15 September 1993 PERSONS TO BE NOTIFIED OF COUNCIL'S DECISION: Mr. & Mrs. CowIe 2682 Prestonvale Road courtice, Ontario L1E 2A9