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HomeMy WebLinkAboutPSD-079-03 ""--' -~ ~ ClY!ingron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: PSD-079-03 vlt-f File #: ZBA 2003-004 C;fJR- {lOd-- -03 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 ~- ., 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 '- 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 :::!.'.lii( C_l.1..511ll N~"2O"W PRINCE WilLIAM BOULEVARD N56'J4'J5.W ,... N72"24'40"[ "'.50 ~ o " G . ~ ~ i ~ ! ~ ;; ,.., ~.-. ,. ZBA 2003-004 Zoning By-law Amendment TI<€'^ ~ 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 -- This is Schedule "A" to By-law 2003- -=--::::.' I passed this day of , 2003 ~ H:;o,,,',Q"wl < ~&i- "i TURNING CIRCLE~ I R_117'OO~ A~S,OJ C='.OO ~~':.o'J~3"'~ \ ~'l'19'~O''IY 20.63'. \ PR.INCE WILLIAM BOULEVARD ~11'4g'SO"E ")4J -\ \ \ \ \ \ \ \ N%'~4c5"h' \ ~?"o8'10"E '. J,B8 -",\2639 '<7:'4,'CO"E R=8)_OJ~ A=44.o~ C~4<,C3 ' N58"OI'4C'''o \, 64.B2 // / ADD/ T/CNAL LA/I'D /"1 rHF ,":,PPLiCAN T /-1;;5 AN , 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 LOT 16 LOT 15 JI' I u~~. ::-1 ~ o C\ ~ z w w ~ " z o in Vl w <.J Z o <.J BOWMANVILLE J