HomeMy WebLinkAboutPSD-009-08
Clwillgton
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE --#,. . . c9
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Monday, January 21, 2008 \,\c. ,)b \A VI' q J
Date:
Report #: PSD-009-08
File #: ZBA 2007-0032
By-Iaw#: ~OOg-O/ I
Subject:
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: ASPEN SPRINGS WEST LIMITED
ASPEN SPRINGS PHASE II (40M-2214) AND PHASE III (40M-2240)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-009-08 be received;
2. THAT the request for Removal of Part Lot Control by Aspen Springs West Limited with
respect to Block 48 on Plan 40M-2214 and Block 76 on Plan 40M-2240 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:
David rome, M.C.I.P., R.P.P.
Director, Planning Services
Reviewed by: 0 ~ ") ~
Franklin Wu
Chief Administrative Officer
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January 9, 2008
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-009-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Aspen Springs West Limited
1.2 Location: Part Lot 16, Concession 1, former Township of Darlington
2.0 BACKGROUND
2.1 On June 1, 2007, Aspen Springs West Limited submitted the following applications:
. A rezoning application that would permit the development of eight (8) single
detached dwelling units on 11.0 metre and 12.0 metre minimum frontage lots;
. An application requesting the removal of Part Lot Control for the subject lands, being
Block 48 on Plan 40M-2214 and Block 76 on Plan 40M-2240, to facilitate the
construction and sale of the eight (8) single dwelling units.
2.2 The applicant was advised when the two applications were filed, a report respecting the
request for the Removal of Part Lot Control could only be forwarded to Committee and
Council for their consideration if the rezoning application was approved by Council.
The rezoning application was approved by Council on November 26, 2007 and the
Zoning By-law Amendment (2007-219) became final and binding January 2,2008.
2.3 In 2003, the applicant submitted an application to amend the Clarington Official Plan
(COPA 2003-001) to delete a "Neighbourhood Commercial" designation from the
subject lands. The Clarington Commercial Policy Review, implemented through OPA
43 to the Clarington Official Plan in 2005, changed the structure of commercial
designations in Clarington. This amendment redesignated the subject lands from
"Neighbourhood Commercial" to "Urban Residential".
3.0 STAFF COMMENTS
3.1 Although neither Block 48 on Plan 40M-2214 or Block 76 on Plan 40M-2240 were
initially draft approved for residential development, the Region of Durham Planning
Department confirmed through the circulation of the application the use of Part Lot
Control as the planning mechanism to create the eight (8) single family dwelling lots
was acceptable and would be in keeping with the intent of the subdivision delegation
agreement between the Area Municipality's and the Region.
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.
REPORT NO.: PSD-009-08
PAGE 3
3.3 In accordance with the procedures established in the delegation of Part Lot Control By-
laws, a copy of the "Unit Type and Number Summary Table" (Attachment 3), along with
a copy of the Part Lot Control By-law will be forwarded to the Regional Planning
Department.
3.4 The Finance Department advises that the taxes have been paid in full.
3.5 Staff recommends that the By-law be in force for a three (3) year period following
Council approval, ending January 14,2011.
4.0 RECOMMENDATIONS
4.1 It is recommended that Council APPROVE this application and ADOPT the attached
Part Lot Control By-law for Block 48 on 40M-2214 and Block 76 on 40M-2240.
Attachments:
Attachment 1 -
Attachment 2 -
Attachment 3 -
Attachment 4 -
Key Map
Site Location of Lands Affected by Part Lot Control Removal
By-law for Removal of Part Lot Control
Unit Type and Number Summary Table for Block 48 on Plan 40M-2214
and Block 76 on Plan 40M-2240
Interested parties to be advised of Council's decision:
Kelvin Whalen, Kaitlin Group Ltd.
Regional Municipality of Durham Planning Department
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Attachment 3
To Report PSD-009-08
--
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to exempt certain portions of Registered Plans 40M-2214 and
40M-2240 from Part Lot Control
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to exempt from Part Lot Control, Block 48 on Plan 40M-2214 and Block 76 on
Plan 40M-2240 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) Block 48 on 40M-2214
b) Block 76 on Plan 40M-2240
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 January 14, 2011.
BY-LAW read a first time this
day of
2008
BY-LAW read a second time this
day of
2008
BY-LAW read a third time and finally passed this
day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Attachment 4
To Report PSD-009-08
PART LOT CONTROL EXEMPTION BY-LAW
Unit Type and Number Summary Table
Registered Plan #'s: 40M-2214 and 40M-2240
By-law:
Block 48 on 40M-2214 Single Family
and Block 76 on 40M-2240
Total Units
8
No Change
8
No Change