HomeMy WebLinkAboutPSD-152-04
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, December 6, 2004
Report #:
PSD-152-04
File #: ZBA 2004-053
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By-law #:c2Wt..f ~ ;251
Subject:
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: ASPEN SPRINGS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-152-04 be received;
2. THAT the application submitted by Aspen Springs 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; and,
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
RH*CP*df
26 November 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3AB T (905)623-3379 F (905)623-0830
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REPORT NO.: PSD-152-04
PAGE 2
1.0 APPLICATION DETAILS
1 ,1 Applicant: Aspen Springs Limited
1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding - General
Commercial Exception ((H}C1-29) Zone" to "General Commercial
Exception (C1-29) Zone"
1,3 Location: Part Lot 15, Concession 1, former Township of Darlington,
2 Hartwell Drive, Bowmanville.
2.0 BACKGROUND
2.1 On November 15, 2004, Staff received a request from Aspen Springs Limited for the
removal of the "Holding (H)" symbol from a property to permit the development of a
1 ,920 sq.m. single storey retail commercial plaza at the entrance to the Aspen Springs
subdivision at 2 Hartwell Drive in Bowmanville (Attachment 1). The development will
contain a Mac's Milk convenience store among other retail tenants.
2.2 The applicant had submitted a site plan application SPA 2003-030 for the development,
which received site plan approval on September 23, 2004.
3.0 COMMENTS
3.1 Prior to the Removal of the Holding (H) symbol, the Municipality must be satisfied that
the proposed development has addressed all the items contained in Section 23.4.3 of
the Clarington Official Plan. Section 23.4.3 requires the Municipality to be satisfied with
respect to seven items including: services and municipal works; measures to protect the
natural areas; measures to mitigate the impact of development and execution of
appropriate agreements, and other matters deemed necessary by Council.
3.2 A development agreement has been executed with the developer and will shortly be
registered on title by the municipal solicitor. The applicant has provided all necessary
securities.
3.3 A building permit was issued on November 10, 2004 by the Building Division to allow
the applicant to construct the footings and foundation for the development. Issuance of
the final building permit is contingent upon approval of this application.
3.4 Our Finance Department has indicated that all property taxes for this property have
been paid.
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REPORT NO.: PSD-152-04
PAGE 3
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.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law for Removal of Holding
List of interested parties to be advised of Council's decision:
Kelvin Whalen, Aspen Springs Limited
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ATTACHMENT 1
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Single Storey
Retail
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HARTWELL AVENUE
Bo~"8 Key Map
ZBA 2004-053
Zoning By-law Amendment
( Removal of Holding)
Owner: Aspen Springs Limited
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ATTACHMENT 2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2004-
being a By-Law to amend By-Law 84-63, Ihe Comprehensive Zoning By-Law
for the Corporation of the Municipality of Claringlon.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-Law 84-63, as amended, of Ihe Corporation of the former Town of Newcastle in
accordance with applications ZBA 2004-053 and SPA 2003-030 to permit the development of a
1,920 sq.m. single storey retail commercial plaza;
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 Itom:
"Holding - General Commercial Exception ((H)C1-29) Zone" to "General Commercial
Exception (C1-29) Zone"
as shown 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, R.S.O, 1990.
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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This is Schedule "A" to By-law 2004-
passed this day of . 2004 A.D.
LOT 15, CONCESSION 1
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HARTWELL AVE.
~ Zoning Change From "(H}C1-29" To "C1-29"
John Mutton, Mayor Patti L. Barrie, Municipal Clerk
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Bowmanvllle
RHONDA
PARK
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