HomeMy WebLinkAboutPD-17-99
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ON: PD-17-99
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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REPORT
Meeting:
General Purpose and Administration Committee
File# l)IL.I8I-~!o
Res. # (00\1\ -S6-9CZ,
Date:
Monday, February 1, 1999
Report #:
PD-17-99
File #: ZBA 99-002
By-law #
Subject:
APPLICATION FOR REMOVAL OF HOLDING (H) SYMBOL
APPLICANT: MARTIN ROAD HOLDINGS LIMITED - 40M-1944
PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON
FILE NO.: ZBA 99-002 (X-REF: 40M-1944 ASPEN SPRINGS PHASE VI)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-17-99 be received;
2. THAT Rezoning Application ZBA 99-002 submitted by The Kaitlin Group Ltd. on
behalf of Martin Road Holdings Ltd. requesting the removal of the "Holding (H)"
symbol from the subject lands be APPROVED as per Attachment No.2;
3. THAT the amending By-law, attached hereto, be forwarded to Council for approval;
4. THAT a copy of this report and the amending by-law be forwarded to the Regional
Municipality of Durham Planning Department; and
5. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: The Kaitlin Group Ltd.
1.2 Owner: Martin Road Holdings Ltd.
1.3 Rezoning: Removal of "Holding (H)" symbol
1.4 Draft Plan of Subdivision:
To allow the development of 21 single dwelling lots associated with
Phase VI (40M-1944) of the Aspen Springs subdivision.
634
REPORT PD-17-99
PAGE 2
2. BACKGROUND
2.1 On January 11, 1999 an application was received by the Municipality of C1arington
Planning and Development Department requesting removal of the HHolding (H)"
symbol from the lands associated with Phase VI, 40M-1944 of the Aspen Springs
subdivision (18T-88046). The subject lands are located in Part lot 16, Concession
1, former Township of Darlington, fronting on the west side of West Side Drive
immediately south of Aspen Springs Blvd.
3. COMMENTS
3.1 The subject property is presently zoned HHolding - Urban Residential Type Two
((H)R2)" and "Holding - Urban Residential Type One ((H)R1)". The provisions of
the zoning by-law allow for the removal of the HHolding (H)" symbol, by By-law,
upon Council being satisfied that the uses to be permitted will be adequately
serviced, have appropriate access, and will be used for the purposes intended by the
By-law.
3.2 The applicant has recently registered plan 40M-1944 and is in the process of
finalizing the required engineering and financial obligations relative to the
subdivision agreement. The existing subdivision agreement is applicable for all
phases of development and does not require amendment or modifications.
3.3 It is noted that pursuant to Section 36 of the Planning Act, a By-law Amendment to
remove the HHolding (Ht 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.
635
.
REPORT PD-17-99
PAGE 3
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4. RECOMMENDATIONS
4.1 In consideration of the comments noted above, Staff would have no objection to the
removal of the HHolding (H)H symbol as shown on the attached by-law and
schedule.
Respectfully submitted,
Reviewed by,
Of~-~'-
Davi Crome, M.C.I.P., R.P.P.
Acting Director of Planning & Development
Franklin Wu, M.C.I.P., R.P.P.,
Chief Administrative Officer
CP*LDT*DJC*cc
January 18, 1999
Attachment No. 1
Attachment No. 2
Key Map
By-law
Interested parties to be notified of Council and Committee's decision:
Kelvin Whalen
The Kaitlin Group Ltd.
1029 McNicoll Avenue
Scarborough, Ontario
M1W 3W6
636
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ATTACHMENT NO 1
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ZBA. 99-002
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ATTACHMENT NO 2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 99-
being a By.law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the fOlTT1er 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 99-002.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts 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 Type One ((H)R1)" to "Urban Residential Type Two (R1)" and
"Holding-Urban Residential Type Two ((H)R2)" to "Urban Residential Type Two (R2)"
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 Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this day of
1999.
BY-lAW read a second time this day of
1999.
BY-LAW read a third time and finally passed this
day of
1999.
MAYOR
CLERK
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This is Schedule "'A"' to By-law 99- ,
passed this day of , 1999 A.D.
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