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HomeMy WebLinkAboutPSD-005-02 Clw:illgton REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 21, 2002 ]) J tf Resolution #(.J ft-() (3-D <J.- Report #: PSD-005-02 File: ZBA 2001-026 By-law #: ,!JD,:j.-O 7 Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: ASPEN HEIGHTS LTD. PART LOTS 15 & 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-005-02 be received; and 2. THAT the attached by-law to remove the Holding (H) symbol be APPROVED 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: Davi . Crome, M.C,I.P.,R,P.P. Direc or, Planning Services ReviewedbD ~~ ~ Franklin Wu Chief Administrative Officer SA*L T*DJC*sh January 9, 2002 633 REPORT NO.: PSD-00S-02 Page 2 1.0 APPLICATION 1 ,1 Applicant: Aspen Heights Ltd. 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding - Urban Residential Exception (H(R4-17))" to "Urban Residential Exception (R4-17)" 1.3 Location: Part Lots 15 & 16, Concession 1, former Township of Darlington (Attachment 1), 2.0 BACKGROUND 2.1 On December 21, 2001, Staff received a request from Aspen Heights Ltd. for the removal of the "Holding (H)" provision from Block 12 and 13 on Plan 40M-1881 located on the south side of Aspen Springs Drive in Bowmanville. Attachment 1 shows the location of the blocks zoned "Holding - Urban Residential Exception (H(R4-17)). 2.2 The applicant has completed the site plan control process and the Mayor and Clerk have executed the site plan agreement. The approved site plan is for three three- storey apartment buildings, with a total of ninety (90) apartment units (see Attachment 2). The Site Plan Agreement contains the necessary clauses pertaining to development charges and entrance construction, for which a letter of credit has been received. Cash-in-Iieu of parkland was received at the registration of Plan 40M-1881 in 1997. 3.0 STAFF COMMENTS 3.1 The subject property is presently zoned "Holding - Urban Residential Exception (H(R4-17))". 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. 634 REPORT NO.: PSD-005-02 Page 3 . 3.2 A by-law amendment to remove the "Holding (H)" symbol is not subject to an appeal period, 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 3) is recommended, Attachment 1 - Key Map Attachment 2 - Site Plan Attachment 3 - By-law and Schedule for Removal of Holding (H) Interested parties to be notified of Council and Committee's decision: The Kaitlin Group Ltd. 1029 McNicoll Avenue SCARBOROUGH, Ontario M1W 3W6 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905)623-0830 635 ATTACHMENT 1 ~ LOT 16 LOT 15 I c ~ c::: z ~ ~ !1 c::: u " ll'l o c5 ~ ~ < :I: ~ ;:) o ..... HARTWELL AVE. z o Cf) Cf) w U z o u FRY ~ :s ~ c::: c ~ it: c I.&J C Vi ::ll;j Ii; I.&JI.&J I.&J ~~ ~ 'I ST. ..J . Subject Site 83, 87 & 91 Aspen Springs Drive, Bowmanville Bowmanvllle Key Map ZBA 2001-026 636 ~ II " III -1:1 o II II 'tIll-I II = II rI I i1.IIII',n II. I I .., ... ~Ij ....., .......,....:.::... \ ,-.._,~..~-..::... ' , - 0,.:,., -, \ --..._~~~,""'-' ......,..,~:.~~~~\-.~:.. ,\ ' ." . I '- , " " , , 637 11~1 I I . ~, '\ t"1..:Co ~ '. \ 0\ a1 't \ ~\~ 'I' \ ..,'" . S\..::J \ \~, '\ \~ \, \" ./' '-. .-/ /' (t ~III ~ ~! il , " , R I , This is Schedule "A" to By-law 2002- . passed this day of .2002 A.D. .-\ \)~\-..jt ~~C;, 9.~ '? '].cP .' '" rv~ #- '<" ,<0;<; ..f.... .-v"?' :\<....0/'. ... -! IZ23 Zoning change from "(H)R4-17" to .. R4-17" John Mutton, ~oyor Patti L. Borri.. Municipal Cler~ Subject Site LOT 15 /" ~ i ~ Bowmanvllle t , ATTACHMENT 3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO, 2002- Bein9 a by-law to amend By-law 84-63, the Comprehensive Zoning By-iaw for the Corporation of the former Town of Newcastle, WHEREAS the Council of the Corporation of the Municipality of Clanngton deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2001-026. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Cianngton enacts as foiiows: 1, Schedule "4" to By-law 84-63, as amended. is hereby further amended by changing the zone designation from: "Holding - Urban Residential Exception (H(R4-17))" to "Urban Residential Exception (R4-17)". 2. Schedule "A" attached hereto shaii form part of the By-iaw. 3, This By-iaw shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 & 36 of the Planning Act, BY-LAW read a first time this day of January 2002 BY-LAW read a second time this day of January 2002 BY-LAW read a third time and finally passed this day of January 2002 John Mutton, Mayor Patti L. Barrie. Municipai Clerk 639