HomeMy WebLinkAboutPSD-088-09Staff Report # 2
Clar`~~gton REPORT
Leading the y
PLANNING SERVICES
Meeting: COUNCIL I~es~~u.~t7rV # C'S3~"oq
Date: Monday, September 21, 2009
Report #: PSD-088-09 File #: ZBA 2009-0012 By-taw #: ado `~ - /~°l
Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT - CCCC DURHAM WEST LTD.
PORT OF NEWCASTLE -PLAN 40M-2327
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PSD-088 be received;
2. THAT the request for Removal of Part Lot Control with respect to Lots 49-59 inclusive, on
Plan 40M-2327 be APPROVED;
THAT the attached Part Lot Control By-law be PASSED pursuant to Section 50(7.1) of
the Planning Act; and,
4. 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 b
Daw J. C ,
Director of Planning Services
CP/df/av
16 September 2009
Reviewed by: z~~~~-'
Franklin Wu,
,~( Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 EMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-088-09
PAGE 2
REPORT NO.: PSD-088-09 PAGE 2
1.0 APPLICATION
1.1 Applicant: CCCC Durham West Ltd.
1.2 Location: Part Lot 29 & 30, Concession Broken Front, former Township of Clarke,
(40M-2327) Port of Newcastle
2.0 BACKGROUND
2.1 On August 24, 2009, Planning Staff received a request from CCCC Durham West Ltd.
for the removal of Part Lot Control with respect to Lots 49-59, inclusive, on Plan 40M-
2327 (see Attachment 1).
2.2 Plan 40M-2327 was registered on title in September 25, 2006. The Plan contained 48
lots for single detached dwelling and 11 lots for 22 semi-detached dwelling units. The
removal of Part Lot Control would facilitate the construction of asemi-detached/linked
unit on each of the eleven (11) lots. The process will enable the lots to be divided and
resurveyed after the dwelling foundations are in place. There is an existing subdivision
agreement in place to cover the Municipality's financial interest, including payment of
parkland dedication and development charges.
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 pursuant to the provisions of Section 50 (7) of the
Planning Act.
3.2 In accordance with thee. procedures established in the delegation of Part Lot Control By-
laws, acopy 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 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 Plainning Act permits the Municipality to determine an appropriate
timeframe during which the By-law shall apply. Staff recommends that the By-law be in
force for a three (3) year period following Council approval, ending September 21, 2012.
REPORT NO_: PSD-088-09
REPORT NO.: PSD-088-09
PAGE 3
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 Lots 49 to 59 inclusive on Plan 40M-2327.
Attachments: i
Attachment 1 -Key Map
Attachment 2 - By-law for Removal of Part Lot Control
Attachment 3 -Unit Type and Number Summary Table
Interested Parties to be notified of Council and Committee's decision:
CCCC Durham West LTD.
I f\~~`'~ ~ 1 ~"/~ /mil
To Report PSD-088-09
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To Report PSG?-088-U9
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
being a by-law to exempt a certain portion of Registered Plan 40M-2327 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 49 - 59, inclusive, on Plan 40M-2327,
registered at the Land Title 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 appiy to
the following lands:
a) Lots 49 - 59, inclusive, on Plan 40M-2327.
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall
be force for a period of three (3) years ending on September 21, 2012.
BY-LAW read a first time this 21~~ day of September 2009
BY-LAW read a second time this 215 day of September
BY-LAW read a third time and finally passed this 21~` day of September
2009
2009
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Attachment 3
To Report PSD-088-09
PART LOT CONTROL EXEMPTION BY-LAW
UNIT TYPE AND NUMBER SUMMARY TABLE