HomeMy WebLinkAboutPSD-076-09
Staff Report 111
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REPORT
PLANNING SERVICES
Meeting: COUNCIL
Date: Monday, July 13, 2009
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Report #:
PSD-076-09
File #: ZBA 2009-0011
By-law #: (!., &(!;{f1- I / I
Subject:
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: PORT OF NEWCASTLE HOMES
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PSD-076-09 be received;
2. THAT the request for Removal of Part Lot Control with respect to Lots 4, 5, 7, 10, 11,
13, 14 and 15 on Plan 40M-2226, 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
be 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.
Reviewed by:
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Franklin Wu
Chief Administrative Officer
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6 July 2009
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-076-09
PAGE 2
1.0
1.1
1.2
APPLICATION DETAILS
Applicant/Agent:
Location:
The Kaitlin Group Ltd.
Part Lots 29 and 30, Broken Front Concession, former
Village of Newcastle.
2.0 BACKGROUND
2.1 On December 9, 2004, Staff received a request from The Kaitlin Group Limited for the
Removal of Part Lot Control with respect to Lots 2 to 9 inclusive, Lots 12 to 17 inclusive,
Lots 40 to 45 inclusive on Plan 40M-2220 and Lots 1 to 19 inclusive on Plan 40M-2226.
2.2 The Plan of Subdivision 18T-96013, which encompasses the area of this application
received draft approval for 54 single detached, 210 semi-detached/link (105 lots), 132
townhouse and 178 apartment dwelling units. Registration of Plans of Subdivision 40M-
2220 and 40M-2226 were completed October 6, 2004 and December 3, 2004,
respectively.
2.3 On February 28, 2004, Council endorsed Report PSD-026-05 and approved By-law
2005-027, being a By-law to remove Part Lot Control with respect to Lots 2 to 9
inclusive, Lots 12 to 17 inclusive, and Lots 40 to 45 inclusive on Plan 40M-2220 and
Lots 1 to 19 inclusive on Plan 40M-2226. This By-law was to remain in effect for a two
(2) year period, expiring on February 28,2007.
2.4 By letter dated April 30, 2007, Mr. Kelvin Whalen, on behalf of The Kaitlin Group,
informed Staff that a number of the lots included in the previously approved Part Lot
Control By-law had not yet been sold. Accordingly, with the expiry of By-law 2005-027
on February 28, 2007, a new Part Lot Control By-law 2007-110 was passed for the
remaining lots within Plans 40M-2220 and 40M-2226. This By-law was to remain in
effect for a two (2) year period, expiring on May 28, 2009.
2.5 Mr. Kelvin Whalen, on behalf of The Kaitlin Group, informed staff on July 2, 2009 that
not all of the lots included in the previously approved Part Lot Control By-laws for Plan
40M-2226 had been sold.
Accordingly, with the expiry of the second By-law 2007-110 on May 28, 2009, a new
Part Lot Control By-law was required for the remaining lots in Plan 40M-2226. All lots
within Plan 40M-2220 as previously included in the earlier By-laws have been sold.
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.
REPORT NO.: PSD-076-09
PAGE 3
3.2 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.
3.3 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 July 13, 2012.
4.0 RECOMMENDATIONS
4.1 It is recommended that Council approve this application and adopt the attached Part Lot
Control By-law for Lots 4, 5, 7, 10, 11, 13, 14 and 15 on Plan 40M-2226.
Attachment:
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 for 40M-2226
List of interested parties to be advised of Council's decision:
Kelvin Whalen, The Kaitlin Group Ltd.
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Attachment 1
To Report PSD-076-09
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Attachment 2
To Report PSD-076-09
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
being a By-law to exempt certain portions of Registered Plan 40M-2226 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 4, 5, 7, 10, 11, 13, 14 and 15 on Plan 40M-2226,
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) Lots 4,5,7,10,11,13,14 and 15 on Plan 40M-2226.
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 July 13, 2012.
BY-LAW read a first time this
13th
day of
July
2009
BY-LAW read a second time this
13th
day of
July
2009
BY-LAW read a third time and finally passed this
13th
day of July
2009
Jim Abernethy, Mayor
Patti L Barrie, Municipal Clerk
Attachment 3
To Report PSD-076-09
TABLE 4
PART LOT CONTROL EXEMPTION BY-LAW
Unit Type and Number Summary Table
Registered Plan #: 40M-2226
By-law:
Lot 4 Semi/Links - 2 No Change
Lot 5 Semi/Links - 2 No Change
Lot 7 Semi/Links - 2 No Change
Lot 1 0 Semi/Links - 2 No Change
Lot 11 Semi/Links - 2 No Change
Lot 1 3 Semi/Links - 2 No Change
Lot 14 Semi/Links - 2 No Change
Lot 15 Semi/Links - 2 No Change
TOTAL Units -16 No increase in units