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Home My WebLink AboutPSD-112-03 " ... Cl~-!ggton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE 1),,*.L.~l>,.<.oo3,o'l-I GPR,'!.""'o~ Monday, September 22, 2003f!)1'+-,~B"'. ~"'C3.",,;l Date: Report #: PSD-112-03 File #: ZBA 2003-041 , ZBA 2003-042 By-law #: ';;>00'3- /# .;tOOs- /'f) Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL AND APPLICATION FOR REMOVAL OF PART LOT CONTROL PRESTONVALE HEIGHTS LIMITED NORTH OF BLOOR STREET, WEST OF PRESTONVALE ROAD, COURTICE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-112-03 be received; 2. THAT the application submitted by Prestonvale Heights Limited to remove the Holding (H) symbol be APPROVED and that the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; 3. THAT the request for Removal of Part Lot Control with respect to Lots 61, 77, 78, 92, 99, 105, 106, 109, 110 and Blocks 177 to 184 inclusive, on Plan 40M-2148 be APPROVED and that the attached Part Lot Control By-law be passed pursuant to Section 50 (7.1) of the Planning Act; and 4. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Crome, MCIP, R.P.P. r of Planning Services RevieWedbY:~~ Franklin Wu, Chief Administrative Officer L T*DJC'sn 11 September 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 692 '- REPORT NO.: PSD-112.Q3 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Prestonvale Heights Limited 1.2 Rezoning: Removal of "Holding (H)" symbol. Plan 40M-2148 on Part of Lots 33 and 34, Concession 2, Bowmanville (Attachment 1). 1.3 Location: 1.4 Part Lot Control Removal: Lots 61, 77, 78, 92, 99, 105, 106, 109, 110 and Blocks 177 to 184 inclusive, Plan 40M-2148 (Attachment 2). 2.0 BACKGROUND 2.1 On August 25, 2003, Staff received an application from Eddie Goldstein on behalf of Prestonvale Heights Ltd. for the removal of the "Holding (H)" provision and Part Lot Control Removal for their recently registered draft plan of subdivision under Plan 40M- 2148. 3.0 STAFF COMMENTS 3.1 The removal of Part Lot Control will facilitate the creation of 9 linked semi-detached dwellings (18 units) and 48 townhouse units, as contemplated in the approved plan of subdivision. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the by-law shall apply. Staff recommends that the by-law be in force for a five (5) year period following Council approval, ending September 29, 2008. Attachment 3 is a summary table provided in accordance with the Region of Durham's requirements under the delegation of subdivision approval. It details lots affected by Part Lot Control By-law and the type and number of units. 3.2 The "Holding (H)" symbol affects all lots and blocks on Plan 40M-2148. The applicant has entered into a subdivision agreement with the Municipality of Clarington and there are sufficient financial guarantees to ensure completion of the subdivision. 3.3 Blocks 177 to 179 are subject to site plan approval to deal with the special design requirements in the Zoning By-law and from having frontages on two streets. Prior to the issuance of a building permit for these blocks the applicant is to submit and receive site plan approval. The Prestonvale Heights Ltd. subdivision agreement reflects these conditions. 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 4) and approval of the Part Lot Control exemption as provided for in attached by-law (Attachment 5) are recommended. 693 .... REPORT NO.: PSD-112.Q3 PAGE 3 Attachments: Attachment 1 - Key Map of Holding Removal of Holding Application Attachment 2 - Key Map of part Lot Control Removal Application Attachment 3 - Region of Durham Subdivision Approval Requirements Table Attachment 4 - Removal of Holding By-law Attachment 5 - Approval of Part Lot Control Exemption By-law List of interested parties to be advised of Council's decision: The Regional Municipality of Durham Planning Department, 4th Floor Lang Tower, PO Box 623, W. Building 1615 Dundas Street East Whitby, Ontario L1N 6A3 Mr. Eddie Goldstein Prestonvale Heights Limited 7280 Darcel Avenue Suite 116 Mississauga, Ontario L4T 3T7 694 ATTACHMENT 1 Zoning Change From: ~ "(H)R1-41"to"R1-41" ~ "(H)R2-11"to"R2-11" "':>1 "(H)R2-12"to"R2-12" ~ "(H)R2-13"to"R2-13" 1LZI"(H)R2-14"to"R2-14" mBlI "(H)R3"to"R3" tttt~ "(H )R3-17"to"R3-17 [3] To Remain "A" ~'- Lot 34 Lot 33 oJ' I ! ....nm C\I - - 1 c: 0 J 'iij . Ul B c: 0 (.) I I J I ..... . . J -. - Courtlce Key Map ZBA2003-042 Zoning By-law Amendment (Removal of Holding Symbols) Owner: Prestonvale Heights Ltd 695 ATTACHMENT 2 "'^ ! 44 ~~ Nll"S4' L.. !';! :!G.500 ~ .. 45 ~ - N11~',,!r .. ~ 2!;.5Oll ~ . 46 ~ -Nl'54' ~47~~ 3t - 71 '40 - ~ ~ ~ 2l;.5Oll ~ s; '" 48 N '" - Nn~'~- z 8 2a5/lO ~ ;:l 49 .. - 1111 ',WE- r,:g 50 ~ ~:J N71 "4(l't IIlli 21.101", 3t ~ 51!:q ~ !I~1 rl J Courtice Key Map ZBA2003.Q41 Part Lot Control Lots 61, 77, 78, 92, 99, 105, 106,109, 110 and Blocks 177 to 184 incl. Plan 40M-2148 Owner: Prestonvale Heights Ltd . 60f /0 ATTACHMENT 3 PART LOT CONTROL EXEMPTION BY-LAW UNIT TYPE AND NUBMER SUMMARY TABLE Results of Part Lot Control Exemption on Unit Type and Number Registered Plan: 40M-2148 By.law: ZBA 2003-_ Lots/Blocks Affected Unit Type (Number) Results Lot 61 Linked Semi-Detached Dwelling (2) No Change Lot 77 Linked Semi-Detached Dwelling (2) No Change Lot 78 Linked Semi-Detached Dwelling (2) No Change Lot 92 Linked Semi-Detached Dwelling (2) No Change Lot 99 Linked Semi-Detached Dwelling (2) No Change Lot 1 05 Linked Semi-Detached Dwelling (2) No Change Lot 1 06 Linked Semi-Detached Dwelling (2) No Change Lot 109 Linked Semi-Detached Dwelling (2) No Change Lot 11 0 Linked Semi-Detached Dwelling (2) No Change Block 177 Townhouse Units (6) No Change Block 178 Townhouse Units (6) No Change Block 179 Townhouse Units (6) No Change Block 180 Townhouse Units (7) No Change Block 181 Townhouse Units (6) No Change Block 182 Townhouse Units (6) No Change Block 183 Townhouse Units (6) No Change Block 184 Townhouse Units (5) No Change Total 66 Units No Change 69/ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003-_ being a by-law to amend By-law 84-63. the Comprehensive Zoning By-law for the Corporation of the former 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 former Town of Newcastle to implement ZBA 2003-042, NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enact as follows: 1, Schedule 3 to By.law 84.63 as amended is hereby further amended by changing the zone designation from: "Holding Urban Residential Exception (R1-41) Zone'" "Holding Urban Residential Exception (R2-11) Zone" "Holding Urban Residential Exception (R2.12) Zone" "Holding Urban Residential Exception (R2-13) Zone" "Holding Urban Residential Exception (R2-14) Zone" "Holding Urban Residential Exception (R3) Zone" to: Urban Residential Exception (R1-41) Zone" Urban Residential Exception (R2-11) Zone" Urban Residential Exception (R2-12) Zone" Urban Residential Exception (R2-13) Zone" Urban Residential Exception (R2-14) Zone" Urban Residential Exception (R3) Zone" 2, Schedule "A" attached hereto shall form part of this 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 read a first time this day of 2003 BY.LAW read a second time this day of 2003 BY-LAW read a third time and finally passed this dayof 2003 John Mutton, Mayor Patti L, Barrie. Municipal Clerk 698 ATTACHMHlT 4 This is Schedule "A" to By-law 2003- passed this day of .2003 A.D. Zoning Change From: Lot 34 ~ '(H)R1-4no"R1-41' ~ "(H)R2-1no"R2-11" ETIJ "(H)R2-1"o"R2-12" ~ .(H)R2~13"to.R2.13. ILZJ "(H)R2.14~o'R2.14" lRB'II "(H)R3"1o'R3" ~ "(H)R3-17"to"R3.17 o To Remain ~A" ~""" N C o '<ij <J> '" " c o () I ! ! if' /:~ \Ill 0" John Muttor'l, Moyor Patti L. Barrie, M~nicipol Clerk , \ J Courtice 699 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003. being a by. law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lots 61. 77. 78, 92, 99, 105. 106, 109. 110 and Blocks 177 to 184 inclusive of Plan 40M.2148, NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enact as follows: 1, That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law, 2, That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands; Lots 61, 77, 78, 92, 99, 105, 106, 109, 110and Blocks 177to 184 inclusive of Plan 40M-2148, 3. Pursuant to Subsection 7,3 of Section 50 of the Planning Act, this By-law shall be in force for a period of five (5) years ending on September 29, 2008. BY-LAW read a first time this day of 2003 BY -LAW read a second time this day of 2003 BY-LAW read a third time and finally passed this day of 2003 John Mutton, Mayor Patti L, Barrie, Municipal Clerk 6 9 9 iYJ 1 ATTACHME~IT 5,