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HomeMy WebLinkAboutPSD-100-06 '" .. cm.r..n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 18,2006 Report #: PSD-100-06 File #: ZBA2005-0038 By-law #: 2.. OD (p- ''73:0 Gf'A -33<7-96 . Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: 2044356 Ontario Limited RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-100-06 be received; 2. THAT the request for removal of Part Lot Control with respect to Lots on 40M-2316 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: Dav d rome, M.C.I.P., R.P.P. Director of Planning Services Reviewed bY:()~~ Franklin Wu Chief Administrative Officer CS/CP/DJC/df/jd September 11, 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-100-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 2044356 Ontario Limited 1.2 Location: Part Lot 11, Concession 2, Bowmanville 1.3 Part Lot Control Removal: Lots 1 to 18 of 40M-2316 (Attachment 1). 2.0 BACKGROUND th 2.1 On August 5, 2005, Staff received applications from the owners of the above-noted property to amend Draft Approved Plan of Subdivision, 18T-89070, Rezoning to Remove the Holding, and Removal of Part Lot Control with respect to Lots 1 to 18 on the plan of subdivision once registered. th 2.2 Plan of subdivision, 40M-2316, was registered on June 6, 2006. On June 26 the Holding (H) prefix was removed by By-law 2006-132. 3.0 COMMENTS 3.1 The Planning Act gives authority to a Municipality to remove part lot control in a plan of subdivision to permit a person to convey a part of any lot or block of land. 3.2 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. 3.3 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. 4.0 RECOMMENDATION 4.1 It is recommended that Council approve this application and adopt the attached Part Lot Control By-law for Lots 1 to 18 on Plan 40M-2316. 4.2 Staff recommends that the By-law be in force for a five (5) year period, following Council approval, ending September 25, 2011. REPORT NO.: PSD-100-06 PAGE 3 Attachments: Attachment 1 – Key Map Attachment 2 – Unit Type and Number Summary Table Attachment 3 – By-law for Removal of Part Lot Control Interested parties to be notified of Council and Committee's decision: 2044356 Ontario Limited Kevin J. Tunney Inc. REPORT NO.: PSD-100-06 INTERESTED PARTIES LIST Company Address City Province Postal Code Name Brooklin, Ontario L1M 1C1 Joe Palacka 2044356 Ontario Ltd. 124 Colston Ave 340 Byron Street South Whitby, Ontario L1N 4P8 Kevin Tunney Tunney Planning Inc. Suite 200 PART LOT CONTROL EXEMPTION BY-LAW UNIT TYPE AND NUMBER SUMMARY TABLE Registered Plan 40M-2316 File: ZBA 2005-038 Lots Affected Unit Type & Number Results Lots 1 to 18 Semi-detached dwelling, 36 units No change TOTAL 36 Units THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006-______ being a by-law to exempt a certain portions of Registered Plan 40M-2316 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 1 to 18 of 40M-2316, registered at the Land Titles Division of Durham (No. 40); 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) Lot 1 to 18 of 40M-2316 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of five (5) years, beginning September 25, 2006 and ending on September 25, 2011. 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