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HomeMy WebLinkAboutPSD-067-06 REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 5, 2006 Report #: File #’s: By-law #: PSD-067-06ZBA 2006-0002 Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: 2075568 ONTARIO LIMITED (HIGHMARK HOMES) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-067-06 be received; 2. THAT the request for removal of Part Lot Control with respect to Block 99, Plan 40M-2225 be APPROVED and that the attached Part Lot Control By-law be passed pursuant to Section 50(7.1) of the Planning Act; 3. THAT a copy of this report be forwarded to the Region of Durham Planning Department; and 4. THAT all interested parties listed in Report PSD-067-06 and any delegations be advised of Council’s decision. Submitted by: Reviewed by: David J. Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer TW*CP*DJC*lw*jd May 29, 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-067-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 2075568 Ontario Limited (Highmark Homes) 1.2 Location: Block 99, Plan 40M-2225, Part of Lot 13, Concession 2, former Township of Darlington (Attachment 1). 1.3 Part Lot Control Removal: Block 99, Plan 40M-2225. 2.0 BACKGROUND 2.1 On November 11, 2005, staff received a request from 2075568 Ontario Limited for the removal of Part Lot Control with respect to Block 99 on Plan 40M-2225. 2.2 The approval of Draft Plan of Subdivision 18T-87086, intended for Block 99 to be divided into five (5) parts for development with corresponding parts on Draft Plan of Subdivision 18T-88051 and one block for road widening and landscaping purposes abutting the existing Scugog Street road allowance. The removal of Part Lot Control would facilitate the construction of five (5) blocks to be melded with blocks in Draft Approved Plan of Subdivision 18T-88051 for the development of five (5) single detached dwelling lots, and one block for road widening to be used for a landscape screen. 3.0 COMMENTS 3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from Section 50(5) of the Planning Act. 3.2 Attachment 3 is a Summary Table provided in accordance with the Region of Durham’s requirements under the delegation of Part Lot Control. It details the Block affected by the Part Lot Control By-law and the unit type and number. 4.0 RECOMMENDATIONS 4.1 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may provide a specific timeframe during which the By-law shall be in force. As a result, it is not necessary for staff to prepare a second By-law to restore Part Lot Control on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. 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-067-06 PAGE 3 Attachments: Attachment 1 – Key Map for Removal of Part Lot Control 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: Highmark Homes Anthony Biglieri, The Biglieri Group Ltd. REPORT NO.: PSD-067-06 INTERESTED PARTIES LIST Name Company Address City Province Postal Code 79 Cartwright Blvd. Vaughan, ON L4L 8H8 Highmark Homes Anthony Biglieri The Biglieri Group Ltd. 20 Leslie St., #211 Toronto, ON M4M 3L4 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006______ being a By-law to exempt a certain portion of Registered Plan 40M-2225 from Part Lot Control WHEREAS the Council authorizes the execution of a development agreement with the Owner; 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, this By-law 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 Block 99 of Plan 40M-2225; 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 PART LOT CONTROL EXEMPTION BY-LAW UNIT TYPE AND NUMBER SUMMARY TABLE Registered Plan: 40M-2225 By-law: Result of Part Lot Control Exemption on Unit Type and Number Lots/Blocks Affected Unit Type (Number) Results Block 99 Single detached - 5 No increase in units