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HomeMy WebLinkAboutPSD-013-10Clarin~~W~ /n Leading the Way V REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 18, 2010 I~eSO ` `'`~~ ° `~ ~ ~ ~ ~'~~ ~ ~ 3 5- ~ 0 Report #: PSD-013-10 File #:ZBA 2009-0020 By-law #: o/~/O _ ©O / Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: PRESTONVALE HEIGHTS LIMITED - 40M-1929 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-013-10 be received; THAT the request for removal of Part Lot. Control with respect to Lot 115, on 40M-1929 be approved; 3. THAT the attached Part Lot Control By-law be approved; and 4. THAT all interested parties listed in Report PSD-013-10, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Respe submitted, avid J. Crome, MCIP, RPP Director, Planning Services Reviewed by, ra"'~~- Franklin Wu Chief Administrative Officer CP/df/ah 12 January 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-113-10 PAGE 2 1.0 APPLICATION 1.1 Applicant: Prestonvale Heights Limited 1.2 Agent: Sernas Associates 1.3 Location: Lot 115, 40M-1929, 37 and 39 Eastfield Crescent, Courtice 2.0 BACKGROUND 2.1 On December 21, 2009, Planning Staff received a request from Sernas Associates on behalf of Prestonvale Heights Limited for the Removal of Part Lot Control with respect to Lot 115, on 40M-1929 (see Attachment 1). 2.2 Plan 40M-1929 was registered on July 28, 1998, containing 115 lots for single detached dwellings and 17 lots for semi-detached/link dwelling lots. A Removal of Part Lot Control By-law was originally adopted for the 17 semi-detached/link lots within this plan in April 2000. The By-law had an expiry date of three (3) years after coming into effect. 2.3 Building permits were issued for each half of Lot 115 in 2002, however only the southern or right half was transferred while the original Removal of Part Lot Control By-law for this development was in effect. The north or left half of Lot 115 abuts a townhouse block to the north containing six (6) lots. Prestonvale Heights Limited retains ownership of some of the townhouse units in the abutting block to the north. A as a result Prestonvale Heights Limited solicitor has advised that a new Removal of Part Lot Control By-law is required to facilitate the transfer of Lot 115 Left. The lot is in a registered .plan of subdivision;. therefore, there is an existing agreement in place to cover the Municipality's financial interest. 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 the 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 Removal of 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. REPORT NO.: PSD-113-10 PAGE 3 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 Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. Given that there is only one lot subject to the application with a closing date this winter, staff recommends that the By-law be in force for a period of one year following Council approval, ending January 2011. 4.0 RECOMMENDATIONS 4.1 It is recommended that Council APPROVE this application and adopt the attached Removal of Part Lot Control By-law for Lot 115 of 40M-1.929. 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: Sernas Associates Prestonvale Heights Limited Attachment 1 To Report PSD-013-10 = ~ ~ ~ ~ bO aiaia ist~ O ~ V y ~ ++ ~ ~ w C ~ V ~ oi~aisva ~ w w V a 7 { O 3 F O J a Y I ^ V C O Y G C ~ ' ~ J Q C C iaaais a~a~asirvnne ~ d ~+ rc ~ f N N m ~ p ',5 : 3niaa ~ mrv rv3~ m ~ ~ J w p ~ N ~ ~ L d U 6 Z a i ~ d Q. rc o 'a " ' ip IC C O 2 N ~ y Y d rc z > a I O Z ~ 0 J a n ~ Z~ I U~ ~ 1N3~S~2i~ 4~ 31~1 S`d3 ~ ~ U ~ I w ~~ z <v~ a ~° ~ °~ ~ o ~+ C ~ ~ .- ~ N ~ N ~ Z _ .J J J J J J J 1N3~S~2i~ dl~I~1Sd3 ~ o M rn N ao N ti N m N i ~ N N N N r V r Y~ J ~ 4r T w r w r w ~ ~ Wi J J J J J J J J THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- Attachment 2 To Report PSD-013-10 being a by-law to exempt a certain portion of Registered Plan 40M-1929 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 115 of 40M-1929, 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 (ands 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 115 of 40M-1929. 3. Pursuant to Subsection 7.3 of Section 5D of the Planning Act, this By-law shall be force for a period of one (1) year ending on January 25, 2011. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Attachment 3 To Report PSD-013-10 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table 40M-2128