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Home My WebLink AboutPSD-134-07 Clw:il1glOn PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~~\v--\i 1Y11::tf-~ f'R -Iol.fd~of Monday, November 19, 2007 Date: Report #: PSD-134-07 File #: ZBA 2007-0047 By-law#:J,007-J?- J Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: MEARNS EAST DEVELOPMENTS INC. DUNBURY MEADOWS - PHASE II RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-134-07 be received; 2. THAT the request for Removal of Part Lot Control by Mearns East Developments Inc. with respect to Lot 12 and Blocks 32 and 33 inclusive on Plan 40M-2202, be APPROVED and that the attached Part Lot Control By-Law be PASSED pursuant to Section 50(7.1) of the Planning Act and a copy forwarded to the Regional Municipality of Durham Planning Department; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Dav' . rome, M.C.I.P., R.P.P. Director, Planning Services A A-o<-,. t'- 9... <c h. " Reviewed by: U ' --.J '-' '-' "V Franklin Wu Chief Administrative Officer LT*DJC*av November 6, 2007 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-134-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Mearns East Developments Inc. (Dunbury Homes) 1.2 Location: Part Lot 8, Concession 2, former Township of Darlington 2.0 BACKGROUND 2.1 On August 30, 2004, Staff received a request from Mearns East Development Inc. for the removal of the Part Lot Control with respect to Lots 1 to 12, 21 to 24 inclusive and Blocks 29 to 36 on Plan 40M-2202 2.2 Draft Plan of Subdivision 18T-95005 received approval for 12 single family dwelling units, 32 semi-detached dwelling units and 40 townhouse units. The removal of Part Lot Control was to facilitate the construction of the approved semi-detached dwelling and townhouse units. 2.3 The General Purpose and Administrative Committee endorsed Staff Report PSD-113- 04 and Council at their September 2ih, 2004 meeting approved By-Law 2004-210, being a by-law to exempt said Lots and Blocks within Registered Plan 40M-2202 from Part Lot Control. 2.4 On October 25th, 2007, Staff received a request from Mr. Phillip Litowitz on behalf of Mearns East Developments Inc. for the removal of Part Lot Control with respect to Lot 12 and Blocks 32 and 33,on Registered Plan 40M-2202. This application is a result of the previously approved removal of Part Lot Control By-Law for Lot 12 and Blocks 32 and 33, expiring on September 27th, 2007. 3.0 STAFF 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 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 The Finance Department advises that the taxes have been paid in full. 3.4 Staff recommends that the By-Law be in force for a three (3) year period following Council approval, ending November 26,2010. REPORT NO.: PSD-134-07 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 Lot 12 and Blocks 32 and 33 on Plan 40M-2202 Attachments: Attachment 1 - Attachment 2 - Attachment 3 - Site Location Key Map and Lands Affected by Part Lot Control Removal By-Law for Removal of Part Lot Control Unit Type and Number Summary Table for 40M-2332 Interested parties to be advised of Council's decision: P. Litowitz, Mearns East Developments Inc. ~ '> c .. i r:ll - CL .. :i c o ;; .. U o ..J ~ .. CL e ll. 3nN3AV '" ~ " ~ ~3dOOH A8\f)t:JI~ f- ~O -.J ~ ~ ~ . . . ~ ~d; ~i ~~ t "'-:;'i.t~'N "-~f;"~:"""", ~,,,,1"~~'" , o o . ~ o " " < u ." ~g :i~ o ~::!::~~~~;!'f.l , 13::J815 Hcm02KJ 'I N ;,;}.:i "" g~ ~ ::: ~ :z I-.. it I , , 'H"18 6l')i:J018 " e . . " < o 3:) \/7d UN 1~\/1 g..., '" ~t ~~018 3I\~3S]!I W~'Q ')'""n N Lt ~:X>18 ONIN30IM OVOIJ wg-g".. N 3 II tf 3I\:~~~O~~() S ~ o ~ ~ I , > . ~ > ' ~ ~ > ' " J::!~ c ~~ ~ ~~ . -e , z~ ~ i~ , "< <<! ~e ~.e ~ ! CJ Attachment 1 To Report PSD-134-0~ >- ~ -J - <:( Cl::: ~.. ~~~. 0 I o m ~ o < ~ s \;i 3 /IV T u E N .5 0 - N .l! c ~ 0 c 0 ::E CD - 0 E .... 0 .... Q, .., -' N 0 CI 't: ... CD CI l'lI - ~ . 0.. 0 .... >>-' C CI CI III '0 - III N '0 C l'lI <C CD l'lI W -(") III 1XI u(") ! . c N .. <(~ l'lI CD .!l] ::E CD u i.: ~ 0 CD l'lI - c 0.. III ~ I I I I r I \ \ '''"' \ ~~ ~\ "i'-Z- 4., 04., -Z-4., U 9t)i:J018 ~NIN]:JIM o'Vo~ ~ ~ o a ~ Attachment 2 To Report PSD-134-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a By-law to exempt certain portions of Registered Plans 40M-2202 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lot 12, Blocks 32 and 33 on Plan 40M-2202 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) Lot 12, Blocks 32 and 33 inclusive on 40M-2202 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 of November 26, 2010. BY-LAW read a first time this day of 2007 BY-LAW read a second time this day of 2007 BY-LAW read a third time and finally passed this day of 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan#: 40M-2202 By-Law: Attachment 3 To Report PSD-134-07 Blocks 32 and 33 Lot 3 to 12 - 8 Semi- Detached - 2 Total Units -10 No Change No Change No Change