HomeMy WebLinkAboutPSD-068-06
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, June 5, 2006
Report #: File #: By-law #:
PSD-068-06 ZBA 2005-022
Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: PHIP LIMITED (THE FOLEY GROUP)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-068-06 be received;
2. THAT the request for removal of Part Lot Control with respect to Lots 26, 28, 30, 32, 34,
36, 38 and 40 inclusive, in Block “B” in Plan H50077 (see Attachment 1) (the “Porter and
Bradshaw Plan”) be APPROVED and that the attached Part Lot Control Exemption By-law
(Attachment 2) be passed pursuant to Section 50 (7.1) of the Planning Act; and
3. THAT all interested parties listed in this report, any delegations and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
Submitted by: _________________________ Reviewed by: _________________________
David J. Crome, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
BR/CP/DJC/df
30 May 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-068-06 PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner: Devon Downs Development Limited and Phip Limited (The Foley
Group)
1.2 Applicant: Phip Limited (The Foley Group)
1.3 Part Lot Control: To permit the creation 13 lots and one block to be melded with lands
being purchased from the Municipality of Clarington to create a
further lot.
1.4 Area: 0.906 hectares (2.239 acres)
1.5 Location: West Side of Bradshaw Street, including the Winnstanley Road
allowance and 80 and 94 Bradshaw Street, being Part of Lot 9,
Concession 2, former Town of Bowmanville (see Attachment 1).
2.0 BACKGROUND
2.1 On May 18, 2005, the Planning Services Department received a request from Phip Limited
(The Foley Group) for the removal of Part Lot Control (ZBA 2005-022) with respect to Lots
26, 28, 30, 32, 34, 36, 38 and 40 inclusive, in Block “B” in Plan H50077 (Attachment 1).
(the “Porter and Bradshaw Plan”). The Porter and Bradshaw Plan was originally
registered in the Durham County Registry Office on October 3, 1856. Registration of this
Plan of Subdivision was certified by the Land Registrar in the (Whitby) Land Registry
Office on January 18, 1994.
2.2 The applicant has also gone through rezoning for the subject lands which was considered
by Council and approved in January of this year. The rezoning is subject to Holding (H) to
be removed by By-law at such time the conditions of approval have been satisfied. The
Owner is currently finalizing a development agreement with the Municipality in this regard.
3.0 COMMENTS
3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part
Lot Control. The by-law would facilitate the development of a total of 13 new single
detached dwelling lots. Attached is a By-law (Attachment 2) to exempt the subject lands
from Section 50 (5) of the Planning Act.
3.2 In accordance with the procedures established in the delegation of Part Lot Control By-
laws, Planning Staff will forward to the Regional Planning Department the "Unit Type and
Number Summary Table" (Attachment 3) along with a copy of the Part Lot Control By-law.
3.3 Staff recommends that the by-law be in force for a three (3) year period following Council
approval, ending June 12, 2009.
REPORT NO.: PSD-068-06 PAGE 3
4.0 RECOMMENDATIONS
4.1 It is recommended that Council approve this application and adopt the attached Part Lot
Control By-law for Lots 26, 28, 30, 32, 34, 36, 38 and 40 inclusive, in Block “B” in Plan
H50077.
_____________________________________________________________________________
Attachments:
Attachment 1: Site Location Key Map and Lands Affected by Part Lot Control Removal
Attachment 2: By-law for Removal of Part Lot Control
Attachment 3: Unit Type and Number Summary Table
List of interested parties to be notified of Council’s decision:
Gerrit Van Londen
Sean Powers
Mark Foley
Don Chandler
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-______
being a By-law to exempt a certain portion of Registered Plan H50077 from Part
Lot Control
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to
exempt from Part Lot Control, Lots 26, 28, 30, 32, 34, 36, 38 and 40 inclusive, in Block “B” in Plan
H50077, registered at the Land Titles Division of Whitby;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands
described in paragraph 2 within the By-law;
2. That this By-law shall come into effect upon being approved by the Municipality of
Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following
lands;
a) Lots 26, 28, 30, 32, 34, 36, 38 and 40 inclusive, in Block “B” in Plan H50077;
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force
for a period of three (3) years ending on June 12, 2009.
BY-LAW read a first time this day of 2006
BY-LAW read a second time this day of 2006
BY-LAW read a third time and finally passed this day of 2006
_____________________________
John Mutton, Mayor
______________________________
Patti L. Barrie, Municipal Clerk
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-______
being a By-law 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 to
implement application ZBA 2005-013;
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, ishereby further amended by changing the
zone designation from:"Holding – Urban Residential Type Two ((H)R2) Zone" to "Urban
Residential Type Two (R2) Zone" and from “Holding – Urban Residential Exception
((H)R2-17) Zone” to “Urban Residential Exception (R2-17) Zone”, as illustrated 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.
BY-LAW read a first time this day of 2006
BY-LAW read a second time this day of 2006
BY-LAW read a third time and finally passed this day of 2006
_________________________
John Mutton, Mayor
_________________________
Patti L. Barrie, Clerk
TABLE 4
PART-LOT CONTROL EXEMPTION BY-LAW
Unit Type and Number Summary Table
Registered Plan #: H50077 By-law:_____
APPROVED Result of Part-Lot Control Exemption
on Unit Type & Number
Lots/Blocks Affected Unit Type & Number
Lot 26, Block “B” Single – 1 An increase of Single - 1
Lot 28, Block “B” Single – 1 No increase in units
Lot 30, Block “B” Single – 1 An increase of Single - 1
Lot 32, Block “B” Single – 1 An increase of Single - 1
Lot 34, Block “B” Single – 1 No increase in units
Lot 36, Block “B” Single – 1 An increase of Single - 1
Lot 38, Block “B” Single – 1 An increase of Single - 1
Lot 40, Block “B” Single – 1 No increase in units
TOTAL Units – 2 An increase of 5 units