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HomeMy WebLinkAboutPSD-054-06 Cl~n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, May 8,2006 Report #: PSD-054-06 File #: ZBA 2006-0010 By-law #: B....o 0 <:,' ( 0..:3 G PA-dJ, 1(/- ~ b Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: THE KAITLlN GROUP RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-054-06 be received; 2. THAT the request for Removal of Part Lot Control with respect to block 22 on Registered Plan 40M-1864, and blocks 85 and 86 on Registered Plan 40M-2185, be APPROVED and that the attached Part Lot Control By-law 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: R. db A~~_" eVlewe y:U ~LA....)'-\.... Franklin Wu, Chief Administrative Officer aVI . Crome, M.C.I.P., R.P.P. Director of Planning Services BR/CP/DJC/sh/df 28 April 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-054-06 1.0 1.1 1.2 1.3 2.0 2.1 2.2 3.0 3.1 3.2 4.0 4.1 Page 2 APPLICATION DETAILS Applicant/Agent: Owner Location: The Kaitlin Group. 1532746 Ontario Inc. Part Lot 16, Concession 1, former Township of Darlington 40M-1864 Block 22 and 40M-2185 Blocks 85 and 86 (see Attachment 1). BACKGROUND On March 29, 2006, Staff received a request from The Kaitlin Group on behalf of Lome Stein of 1532746 Ontario Inc. for the Removal of Part Lot Control with respect to Blocks 85 and 86 on Registered Plan 40M-2185, and Block 22 on Registered Plan 40M-1864. Plan of Subdivision 40M-1864 was registered on December 23, 1996. Plan of Subdivision 40M-2185 was registered on January 14, 2005. The three blocks subject of the application are split between the two Plans of Subdivision and jointly create two (2) blocks for four (4) residential units. A rezoning and removal of holding occurred on the property on November 28, 2005, applying "Urban Residential Exception (R1-41) Zone" to the whole of the property. The removal of Part Lot Control would facilitate the construction of four linked dwelling units. COMMENTS The approval of the application would facilitate development of two link lots, four (4) dwellings, as originally contemplated through draft approval of the two abutting Plans of Subdivision. The lots will front on Bannister Street. 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. 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 lots affected by the Part Lot Control By-law and the unit type and number of the Part Lot Control By-law. RECOMMENDATIONS In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may provide a specified 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 REPORT NO.: PSD-054-06 Page 3 By-law be in force for a three (3) year period following Council approval, ending May 8, 2009. 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 advised of Council's decision: Lome Stein, 1532746 Ontario Inc. Kelvin Whalen, The Kaitlin Group - .! 'S; c: IV ~ In - w a z (f) :::J IE" w f- ....J (I) Z ....J o lI) <I: w o (f) w a:: co u 5 o 0 (f) o 0 w 0 a:: rn 0 u O\;fO~ N33~~ 0)'\ *- ~0 ~ C) ~s<v<<;- ~ "" 0vv ~ ~ <0 ~)~ CJ+ 0v\J <0 OLf) _r-rJ CD mco o . . m NN r---- z r::;" ~<() ~~ ~ C:;~ ~ Q~ ~ -Yo O~ 0> ~ lD CD'0 I~~ :2 ~yO) ~ Y; 00) lOI 3 z ~ Attachment 1 To Report PSD-054-06 e - c o o - o .9 ..... ~ o cv c;>> C. CD ~ o m o "C N G) <C U CO G) N ~ ~ CJ .2 m It) "Cco cor- cv~ -::E ~c CD~ co or- - .CD ::Eco c"C ~ C - cv Nit) Nco ~ tn CJ~ .2 CJ m.2 m u c - o 'E: cv - C o CD ~ ..... N ('I) It) or- ..: G) c ~ o 11. ~ <-g '--z--J. --------, ~ N J 6 '?- ..:~ ~~ .~ -n .~~i0-. ~ ~us8,~ L.L. N1 01 ~ l LO W <.0 .q- U) -0 .q- ~ 0 w CXJ~ - n .q- 0 0 <:::> 2 en LO n p ~ 01 2 N N27 0 r'- ~ N ~ z: r'- z: D\J ,~c)'~ ')'0 \,\)'0 ~ \tlr1 )"". <.0 LO N 01 ~ co\ ,~c)'~ \,\)'6)'01Q1 )tlr. I '~ifo. w T ~X"'O~J . --& OOJJ X'" (' if ./ if if, l' <' '<9 'b ~. ~. Un l6 (A 0....>, 0' ~, C7' 00." <90 '~'-b" "~ n ('. 20' ~ ~I *' i-S:J -><9 .9<9~ I \\)ri)a{~a9a R~ -Yo + 0 02 DO '3J\''d I'"~ 0> ~ 911\" N~(\ Attachment 2 To Report PSD-054-06 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2006- being a By-law to exempt certain portions of Registered Plan 40M-1864 and 40M-2185 WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control blocks 85 and 86 on Registered Plan 40M-2185, and block 22 on Registered Plan 40M-1864, registered at the Land Registry Office for the Land Titles Division of Newcastle; 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) Blocks 85 and 86 on Registered Plan 40M-2185 b) Block 22 on Registered Plan 40M-1864 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 May 8, 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 Attachment 3 To Report PSD-054-06 PART LOT CONTROL EXEMPTION BY-LAW UNIT TYPE AND NUMBER SUMMARY TABLE Registered Plan #'s: 40M-1864 and 40M-2185 By-law: RESULT OF PART LOT CONTROL EXEMPTION ON UNIT TYPE & NUMBER Block 85 of 40M-2185 and Block 22 of 40M-1864 Semi-Detached - 2 Block 86 of 40M-2185 and Block 22 of 40M-1864 Semi-Detached - 2 TOTAL Units - 4