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Staff Report # 2
REPORT
PLANNING SERVICES
Meeting: COUNCIL
Date: February 8, 2010 Resolution #: C-b~(o'/0 By-law #: ~b/6- d ~(o
Report #: PSD-022-10 File #: ZBA2010-0002
Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: HALMINEN BUILDING CORPORATION - 40M-2278
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
THAT Report PSD-022-10 be received;
THAT the request for Removal of Part Lot Control with respect to Lots 2, 3, 4, 5, 6, 7, 8,
9, 12,14 and 15 of 40M-2278 be approved and that the Part Lot Control By-law
contained in Attachment 2 of Report PSD-022-10 be passed at such time the taxes for
these lands have been paid pursuant to Section 50 (7.1) of the Planning Act; and
3. THAT all interested parties listed in Report PSD-022-10 and any delegations and the
Regional Municipality of Durham Planning Department be advised of Council's decision.
Submitted by: ~
y Langm , FCSLA, MCIP
c ing Director, Planning Services
CP/df
3 February 2010
Reviewed b : ~~ ~--~
ranklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-022-10 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Halminen Building Corporation
1.2 Location: 317 to 361 West Scugog Lane and 6, 10 and 22 - 34 Kaukonen
Court, Part Lot 13, Concession 2, former Town of Bowmanville
(Attachment 1)
2.0 BACKGROUND
2.1 On February 3, 2010, Staff received an application for the Removal of Part Lot Control
with respect to lots 2, 3, 4, 5, 6, 7, 8, 9, 12, 14 and 15 of 40M-2278 (Attachment 1).
40M-2278 was originally registered on October 25, 2005. It allowed for the development
of 3 single detached dwelling lots and 22 semi-detached/linked lots (44 units). An
application for Removal of Part Lot Control was originally considered and approved in
December 2005. By-law 2005-232 was approved with an expiry period of three (3)
years and actually expired in December of 2008.
2.2 Halminen Building Corporation has a closing scheduled for one of the semi-
detached/link units within 40M-2278 on February 25, 2010. In order to facilitate said
closing a new by-law allowing for exemption from Part Lot Control is required.
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.
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 2009 taxes have not been paid in full for the
subject lots. The applicant has advised that there was a shortfall in the taxes paid for
2009 of less than $100.00 for each lot, and the taxes will be paid in full prior to Council
Meeting.
3.4 Staff recommends that the by-law be in force for a three (3) year period following
Council approval, ending February 8, 2013.
4.0 RECOMMENDATIONS
4.1 It is recommended that Council APPROVE this application and adopt the attached Part
Lot Control By-law for Lots 2, 3, 4, 5, 6, 7, 8, 9, 12, 14 and 15 of 40M-2278, at such time
the taxes for the subject lands have been paid.
REPORT NO.: PSD-022-70 PAGE 3
Staff Contact: Carlo Pellarin
Attachments:
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
List of interested parties to be advised of Council's decision:
Halminen Building Corporation (Clarington)
George L. Smith
Brian Bridgeman, Durham Region Planning Department
Attachment 1
To Report PSD-022-10
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Attachment 2
To Report PSD-022-10
THE CORPORATION OF THE MUNICIPALTY OF CLARINGTON
BY-LAW NO. 2010-
being a By-law to exempt a certain portion of Registered Plan 40M-2048 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 2, 3, 4, 5, 6, 7, 8, 9, 12, 14 and 15 of 40M-2278,
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)
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 February 8, 2013.
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-022-10
PART LOT CONTROL EXEMPTION BY-tAW
Unit Type and Number Summary Table
Registered Plan #: 40M-2278 By-law: