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HomeMy WebLinkAboutPSD-042-02 ...- "\! q~_n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: Monday, May 6, 2002 PSD-042-02 ])11 File #: ZBA 2002-014 Cflf-)f;o - D J- By-law #:Jco?- -[; r Date: Subject: APPLICANT: GREEN MARTIN HOLDINGS LIMITED APPLICATION FOR REMOVAL OF HOLDING RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-042-02 be received; 2. THAT the request for the removal of "Holding (H)" symbol for the lands shown on Attachment 1 within the Clarington Corners development be APPROVED and that the by-law contained in Attachment 2 be enacted and forwarded to the Region of Durham; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. O~~-frJ L;., Submitted by: v ~. Crome, MCIP, R.P.P. Reviewed by: Franklin Wu, Director of Planning Services Chief Administrative Officer RH*L T*DJC*sn April 30, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 631 REPORT NO.: PSD-042-02 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Green Martin Holdings Limited 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding - Urban Residential Exception ((H) R1-45) Zone", "Holding - Urban Residential Type Two ((H) R2) Zone", "Holding - Urban Residential Exception ((H) R2-5) Zone", "Holding - Urban Residential Exception ((H) R2-24) Zone", and "Holding- Urban Residential Exception ((H) R2-25) Zone", 1.3 Location: Part Lot 17, Concession 1, former Township of Darlington, Bowmanville. The application is for a phase within the Clarington Corners plan of subdivision adjacent to the St. Lawrence and Hudson Railway line. 2.0 BACKGROUND 2.1 Staff received a request from Green Martin Holdings Limited for the removal of the "Holding (H)" symbol from the lands associated within the Clarington Corners subdivision adjacent to the St. Lawrence and Hudson Railway line. The "Holding (H)" symbol must be removed prior to the issuance of building permits. Attachment 1 shows the location of the land area for which the holding symbol will be removed. 3.0 STAFF COMMENTS 3.1 The subject property is currently zoned "Holding - Urban Residential Exception ((H) R1- 45) Zone", "Holding - Urban Residential Type Two ((H) R2) Zone", "Holding - Urban Residential Exception ((H) R2-5) Zone", "Holding - Urban Residential Exception ((H) R2-24) Zone", and "Holding - Urban Residential Exception ((H) R2-25) Zone", 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. 632 REPORT NO.: PSO-o42-02 PAGE 3 3.2 A subdivision agreement with the applicant will be registered on title. This agreement will address all of the Municipality's conditions. financial and otherwise. All applicable securities and financial contributions have been received from the applicant. 3.3 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, it is recommended that the Zoning By- law in Attachment 2 be APPROVED for the removal of the "Holding (H)" symbol. Attachments: Attachment 1- Key Map Attachment 2 - By-law for Removal of "Holding (H)" Symbol Interested parties to be advised of Council's decision: Kelvin Whalen Green Martin Holdings Limited 1 029 McNicoll Avenue Scarborough, Ontario M1W 3W6 633 ATTACHMENT 1 " ~ .., ~ ~ " ~ 0> to' \> 10' j. 1 ~ ~ "' ~ ~ . '" ~ ~ '" ~ '" ~ ~ .~p~ 'JI'~ ~ ~~~~ ~~ ~ ~~Q <;;,.~c~ "'~~ f s"\ . ZBA 2002-014 Zoning By-law Amendment Green Martin Holdings Limited 6,)4 ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2002- Being a by-iaw to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington, 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 in accordance with application ZBA 2002-014 to permit a subdivision phase within Clarington Corners, NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enact 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) R1-45) Zone" to "Urban Residential Exception (R1-45) Zone". "Holding - Urban Residential Type Two ((H) R2) Zone" to "Urban Residential Type Two (R2) Zone". "Holding - Urban Residential Exception ((H) R2-5) Zone" to "Urban Residential Exception (R2-5) Zone". "Holding - Urban Residential Exception ((H) R2-24) Zone" to "Urban Residential Exception (R2-24) Zone". "Holding - Urban Residential Exception ((H) R2-25) Zone" to "Urban Residential Exception (R2-25) Zone", As shown on the attached Schedule "A" hereto. 2, Scheduie "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 Section 34 and 36 of the Planning Act, R.S,O. 1990. BY-LAW read a first time this day of day of 2002. 2002. BY-LAW read a second time this BY-LAW read a third time and finally passed this day of 2002, John Mutton, Mayor Patti l. Barrie, Municipal Clerk 6SS This is Schedule "A" to By-law 2002- , passed this day of ,2002 A.D. ..Ip..'l ~\\..'l' (l~ 101 r ~ 1'1' 101 _ZONING CHANGE FROM "(H)R2 TO "R2" ~ ZONING CHANGE FROM ~ "(H)R2-5 TO "R2.5" [:'::::::'::::;::;:"::j ZONING CHANGE FROM ':':':':'X':':':'X':':':' "(H)R2-24 TO "R2.24" ON/n ZONING CHANGE FROM ~~~~~:: "(H)R2-25 TO "R2-25" ~ ZONING CHANGE FROM ~ "(H)R1-46 TO "R1-45" John Mutton, Mayor ~~ILdl O " ! iL::_- (j SUBJECT SITE t BOWMANVILLE Patti L. BarTle, Municipal Clerk --- "" 636