HomeMy WebLinkAboutPSD-093-10Staff Report # 3
C1ari~gton
Leading the Way
REPORT
PLANNING SERVICES
Meeting: SPECIAL COUNCIL MEETING
Date: September 7, 2010
Resolution #: C ;3~ /~/a By-law #: ~J/(~- //G
Report #: PSD-093-10
File #: ZBA 2010-0023
Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL
Applicant: HALMINEN BUILDING CORPORATION - 40M-2265
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
THAT Report PSD-093-10 be received;
THAT the request for removal of Part Lot Control with respect to Lots 16 and 24 of 40M-
2265 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
THAT all interested parties listed in Report PSD-093-10 and any delegations be advised
of Council's decision.
Submitted by: ~ /~T~/~"
Lang aid CSLA, MCIP
c Ing Director, tanning Services
RH/CP/DF
27August 2010
Reviewed by: V~ =-
Franklin 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-093-10
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: HalminenBuilding Corporation
1.2 Location: 309, 313, 360 and 364 Bons Avenue, Part Lots 13 and 14,
Concession 2, former Town of Bowmanville (Attachment 1)
2.0 BACKGROUND
2.1 On August 20, 2010, Staff received a request from Halminen Building Corporation for
the removal of Part Lot Control with respect to Lots 16 and 24 of 40M-2265 (Attachment
1).
2.2 The Plan of Subdivision 18T-87085, which encompasses the area of this application,
received Draft Approval for 25 single detached dwellings and 24 semi-detached
dwelling lots (48 units). Registration of Phase I of 40M-2265 was completed on August
19, 2005. An application for removal of Part Lot Control was originally considered and.
approved in December 2005. By-law 2005-232, as per typical procedure and in
accordance with the Planning Act, was approved with an expiry period of three (3) years
and expired in December 2008.
2.3 Halminen Building Corporation has a closing scheduled for the link unit on Lot 16L
within 40M-2265 on August 31, 2010. Although the scheduled closing has to be
adjusted to after the Council meeting, a new by-law allowing for exemption from Part Lot
Control is required in order to facilitate said closing.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
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 taxes have been paid in full.
3.4 Staff recommends that the by-law be in force for a two (2) year period following Council
approval, ending September 7, 2012.
REPORT NO.: PSD-093-10
4.0 RECOMMENDATIONS
PAGE 3
4.1 It is recommended that Council approve this application and adopt the attached Part Lot
Control By-law for Lots 16 and 24 of 40M-2265.
Staff Contact: Robin Heathcote
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 for 40M-2265
List of interested parties to be advised of Council's decision
Halminen Building Corporation (Clarington)
George L. Smith
Brian Bridgeman, Durham Regional Planning Department
Attachment 1
To Report PSD-093-10
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
Attachment 2
To Repoli PSD-093-10
being a By-law to exempt certain portions of Registered Plans 40M-2265 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 16 and 24 of 40M-2265, 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 16 and 24 of 40M-2265
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be
in force for a period of two (2) years ending on September 7, 2012.
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
PART LOT CONTROL EXEMPTION BY-LAW
Unit Type and Number Summary Table
Attachment 3
To Report PSD-093'-10
Registered Plan #: 40M-2265 By-law: