HomeMy WebLinkAboutPSD-079-03
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Report #:
PSD-079-03
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File #: ZBA 2003-004
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By-law #:
Date:
Monday, June 16, 2003
Subject:
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: 829426 ONTARIO IIIC. (KELVIN WHALEN)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-079-03 be received;
2. THAT the application submitted by Kelvin Whalen on behalf of 829426 Ontario Inc. 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 Planning Department; and,
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
. Crome, M.C.I.P. RP.P.
or, Planning Services
Reviewed by: O~ ~ '
Franklin Wu, M.C.I.P., RP.P.
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830
69904
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REPORT NO.: PSD-079-o3
PAGE 2
1.0
1.1
APPLICATION DETAILS
Applicant:
Kelvin Whalen
1.2 Owner:
829426 Ontario Inc.
1.3 Rezoning:
Removal of "Holding-Urban Residential Exception ((H)R4-
23)" to "Urban Residential Exception (R4-23)".
1.4 Location:
Part Lots 15 and 16, Concession 1, former Township of
Darlington.
2.0 BACKGROUND
2.1 On February 24, 2003, Staff received a request from Mr. Kelvin Whalen for the
removal of the "Holding(H)" provision on Block 1 of the subject lands to permit
the development of a seniors care facility (Attachment 1). The other blocks as
indicated on Attachment 1 are not part of this application, and are to remain as
currently zoned.
The properly is bounded by the Canadian Tire Store to the north and the St.
Lawrence and Hudson Railway to the south, with access from Clarington
Boulevard. Attachment 1 shows the location of Block 1 on the property currently
zoned "Holding-Urban Residential Exception ((H)R4-23)".
2.2 Prior to this application, the properly was also subject to rezoning application
ZBA 2001-001 and Plan of Subdivision application S-C-2001-003. Both
applications were approved by the Council of the Municipality of Clarington on
May 13, 2002. A site plan application for Block 1, SPA 2002-003, has recently
received final approval.
69905
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REPORT NO.: PSD-079-o3
PAGE 3
3.0 STAFF COMMENTS
3.1 The portion of the subject property to which this application applies is presently
zoned "Holding-Urban Residential Exception ((H)R4-23)". The provisions of the
Zoning By-law allow for the removal of the "Holding(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 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 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 (H) Symbol
Interested parties to be notified of Council's decision:
Kelvin Whalen
The Kaitlin Group Ltd.
1029 McNicol Avenue
Scarborough, ON M1W 3W6
Regional Municipality of Durham
Planning Department
Lang Tower, West Bldg., 4th Floor
P.O. Box 623
1615 Dundas Street East
Whitby, ON L 1 N 6A3
69906
ATTACHMENT 1
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ZBA 2003-004
Zoning By-law Amendment
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Owner: 829426 Ontario Inc
69907
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2003-
being a By-law to amend By-law 84-63, the Comprehensive Zonin9 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 2003-004;
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
Exception((H)R4-23 Zone" to "Urban Residential Exception (R4-23)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 Plannin9 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
day of
2003
John Mutton, Mayor
Patti L Barrie. Municipal Clerk
69908
ATTACHMENT 2
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This is Schedule "A" to By-law 2003- -=--::::.' I
passed this day of , 2003 ~
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ADD/ T/CNAL LA/I'D /"1
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E:Z:ZI Zoning change from "(H)R4-23" to "R4-23"
c::.:::33 Zoning to remain "(H)R4-23"
c::::::J Zoning to remain "A"
.John Mullo"-, "iayo'
Patti L 8acrie, t\lunicipal Clerk
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LOT 15
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