HomeMy WebLinkAboutPSD-017-04
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, February 9, 2004 "OIL\-
GPR _010-0q.
Report #: PSD-017-04 File #: ZBA 2004-001
By-law #:0'004- - 038
Subject:
REMOVAL OF HOLDING SYMBOL TO PERMIT 2 SEMI-DETACHED UNITS
AND 1 SINGLE DETACHED UNIT
APPLICANT: PAUL L YSYK FAMILY TRUST
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 . THAT Report PS D-O 17-04 be received;
2. THAT the request submitted by Paul Lysyk on behalf of Paul Lysyk Family Trust, to
remove the Holding (H) symbol, be APPROVED;
3. THAT the attached By-law to remove the Holding (H) symbol be passed and a copy
forwarded to the Regional Municipality of Durham; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Davi . Creme, MCIP, R.P.P.
Director of Planning Services
Reviewed by: !,--_)o,<2<-Je C ._ (~7-l
Franklin Wu,
Chief Administrative Officer
BR/L T/DJC/df
3 February 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830
60;
,
REPORT NO.: PSD-017-04
PAGE 2
1. APPLICATION DETAILS
1.1 Applicant:
Paul Lysyk, on behalf of Paul Lysyk Family Trust.
1.2 Rezoning:
Removal of "Holding (H)" symbol from "Holding-Urban Residential
Type One ((H)R1)".
1 ,074.5 m2 (0.27 acres)
1.3 Area:
1 .4 Location:
The area subject to the proposal is located at 2405 Prestonvale
Road, Courtice and more specifically, Parts 1 and 2 of Plan 40R-
22441, in Part Lot 33, Concession 2, former Township of
Darlington.
2.0 BACKGROUND
2.1 On January 5, 2004, staff received an application from Paul Lysyk for the removal of the
Holding (H) provision from Parts 1 and 2 of Plan 40R-22441. Attachment 1 shows the
location of the site.
3.0 STAFF COMMENTS
3.1 The subject property is presently zoned "Holding-Urban Residential Type One ((H) R1).
Policies within the Municipality's Official Plan permit the use of holding symbols to
ensure that prior to development the following matters are addressed and approved to
the satisfaction of the Municipality:
. Services and municipal works;
. Measures to protect natural areas;
. Measures to mitigate the impact of development;
. Submission of technical studies;
. Execution of appropriate agreements; and/or
. Any other requirements as may be deemed necessary by Council including the
implementation of the policies of this plan.
Similarly, within the Region's Official Plan, policies are in place noting that prior to a
local Municipality's passage of a by-law to remove a holding symbol, Council is to
ensure that:
. The development is consistent with the orderly and phased development of the
Municipality;
. The owner has satisfied all of the requirements of the Municipality and entered into
any necessary agreements in that regard; and
. The owner has satisfied all the requirements of the Regional Municipality of Durham
with respect to the provision of sewer and water services, regional roads and
entered into any necessary agreements.
6v2
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REPORT NO.: PSD-017-o4
PAGE 3
The approval of a by-law to remove the holding symbol is appropriate at this time, as
the provisions within the Municipality's and Region's Official Plan have been satisfied.
3.2 It is noted that pursuant to Section 36 of the Planning Act, a by-law amendment to
remove the Holding "(H)" symbol is not subject to the normal appeal period afforded to a
standard rezoning application, and accordingly, shall be deemed final and binding
should Council grant approval of same.
4.0 RECOMMENDATIONS
4.1 In consideration of the above, approval of the removal of the "Holding (H)" symbol as
shown on the attached By-law and Schedule (Attachment 2) is recommended.
Attachments
Attachment 1- Site Location Key Map and Registered Reference Plan
Attachment 2 - Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
Paul Lysyk
Paul Lysyk Family Trust
65 Riverside Drive North
Oshawa, ON L 1 G 6J4
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N74'4940
(P1 .t ....)
PART
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Courtice Key Map
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ZBA2004-001
Zoning By-law Amendment
(Removal of Holding)
Owner: Paul Lysyk
ATTACHMENT 2
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY.LAW NUMBER 2004-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
, Corporation of the fonner Town of Newcastle
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
ZBA 2004-001 ;
NOW THEREFORE BE IT RESOLVED THAT. the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1, Scheduie "4" to By-law 84-63, as amended. is hereby further amended by changing the
zone designation from:
"Holding-Urban Residential Type One ((H)R1)" to "Urban Residential Type One (R1)"
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 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 Mutton, Mayor
Patti L Barrie, Municipal Cierk
O~J
This is Schedule "A" to By-law 2004-
passed this day of , 2004 A.D.
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John Mutton, Mayor
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PART f PLAN lOR vJ;
f.:.......J Zoning change from "(H)R1" to"R1"
Patti L Barrie. Municipal Clerk
LOT 33
LOT 32
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