HomeMy WebLinkAboutPSD-117-04
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 4,2004
Report #:
PSD-117-04
File #: ZBA 2004-038
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By-law #~ -J2r ~
Subject:
APPLICATION FOR REMOVAL OF HOLDING
APPLICANT - KELVIN WHALEN, ASPEN SPRINGS WEST LTD.
PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-117-04 be received;
2. THAT the application submitted by Kelvin Whalen, Aspen Springs West Ltd. 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; and,
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Reviewed by:
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Franklin Wu,
Chief Administrative Officer
TW*L T*DJC*sh
September 23, 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
601
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REPORT NO.: PSD.117-G4
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Kelvin Whalen, Aspen Springs West Ltd.
1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding-Urban Residential
Exception ((H)R1-41)", "Holding-Urban Residential Exception((H)R2-17)",
and "Holding-Urban Residential Type Three ((H)R3)" to "Urban Residential
Exception (R1-41)", "Urban Residential Exception (R2-17)", and "Urban
Residential Type Three (3)".
1.3 Location: Registered Plan of Subdivision 40M-2214
Part Lot 16, Concession 1, Former Township of Darlington (Attachment 1).
2.0 BACKGROUND
2.1 On August 31, 2004, Staff received a request from Kelvin Whalen, Aspen Springs West
Ltd. for the removal of the "Holding (H)" symbol from Registered Plan of Subdivision
40M-2214.
3.0 COMMENTS
3.1 The "Holding (H)" symbol affects Lots 1 to 39 and Blocks 40 to 47 on Registered Plan of
Subdivision 40M-2214. Blocks 48 and 49 are also affected by the "Holding (H)" symbol.
However, they have been identified as future development blocks and are reliant on
development occurring on adjacent lands prior to lifting the holding symbol. The
application has been reviewed in accordance with Sections 23.4.2 and 23.4.3 of the
Clarington Official Plan. Staff are satisfied that the following matters have be addressed
and approved to the satisfaction of the Municipality including but not limited to:
. Services and municipal works;
. Submission of technical studies;
. Measures to mitigate the impact of development; and
. Execution of the appropriate agreements.
3.2 The Finance Department has indicated that the taxes are up to date for the subject
property.
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 2) is
recommended.
602
....
REPORT NO.: PSD-117-04
PAGE 3
Attachments:
Attachment 1 - Key Map for Removal of Holding Application
Attachment 2 - By-law for Removal of Holding (H)
List of interested parties to be advised of Council's decision:
Kelvin Whalen
Aspen Springs West Ltd.
1029 McNicoll Avenue
Scarborough, Ontario M1W 3W6
603
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ZBA 2004-038
Zoning By-law Amendment
(Removal of Holding)
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Owner: Aspen Springs West Ltd.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO, 2004-
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 ~jewcastle to implement ZBA 2004/038:
NOW THEREFORE BE IT RESOVED THAT the Council of the Corporation of the
Municipality of Clanngton enacts as follow:
1, Schedule "1" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
Holding - Urban Residential Exception ((H)R1-41) Zone
Holding - Urban Residential Exception ((H)R2-17) Zone
Holding - Urban Residential Type Three ((H)R3) Zone
To:
Urban Residential Exception (R1-41) Zone
Urban Residential Exception (R2-17) Zone
Urban Residential Type Three (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 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 Clerk
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ATTACHMENT 2
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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~ Zoning Change From
"(H)R1-41" To "R1-41"
~ Zoning Change From
"(H)R2-17" To "R2-17"
_ Zoning To Remain "(H)R2-17"
_ Zoning To Remain "(H)R2"
~ Zoning Change From
"(H)R3" To "R3"
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Patti L. Barrie. Municipal Clerk
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