The URL can be used to link to this page

Home My WebLink AboutPSD-112-10Clari~gton Leaarrsg the way Meeting: COUNCIL Date:. October 19, 2010 REPORT PLANNING SERVICES Resolution #: r?- x/20- r~ By-law #: o~~/~`~3 'y To Report #: PSD-112-10 File #: ZBA 2010-0026 Subject: APPLICATION FOR EXEMPTION OF PART LOT CONTROL NAPA VALLEY -PHASE IV RECOMMENDATIONS: It is respectfully recommended that C~iuncil pass the following resolutions: THAT Report PSD-112-10 be~received; THAT the request for Removal of Part Lot Control by Vermont Village Homes Limited with respect to Lots 3 to 7, 11 to 13, 24, 31 to 38, 63 to 66, 103 to 123, 128 to 168, 180 to 185 and Blocks 187 to 194 inclusive on Plan 40M-2332, 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 of Report PSD-112-10 be forwarded to the Regional Municipality of Durham Planning Department; and 3. THAT all interested parties listed in this Report PSD-112-10 and any delegations be advised of Council's decision. ,' Submitted b . Reviewed by: aye Langmaid, FCSLA, MCIP Franklin Wu Acting Director, Planning Services ~.c~ Chief Administrative Officer FUCP'MH ~ U 18 October 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-112-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Vermont Village Homes Limited (Baywood Homes) 1.2 Location: Part Lot 10, Concession 2, former Township of Darlington 2.0 BACKGROUND 2.1 On October 19t", 2006, the registration of the Plan of Subdivision under Plan 40M-2332 (Napa Valley -Phase IV) was completed. Shortly thereafter a number of building permits for semi-detached dwellings and townhouse blocks for the lots blocks in the development had been issued and many of the dwellings constructed. 2.2 On October 8~", 2007, Council passed a Part Lot Control By-law, as requested by the applicant, for those semi-detached lots and townhouse blocks within Plan. 40M-2332 to facilitate the sale of each unit. The By-law contained a standard three (3) year expiry period from the date of Council approval of the by-law ending on October 15, 2010. On October 18t", 2010, the applicant was made aware by legal counsel that the By-law providing exemption to Part Lot Control had expired. Unfortunately, there are a number of pending sales which have not yet occurred due to the economic climate in the past few years, and proper measures were not taken in due time to extend the Part Lot Control by-law for an additional three (3) years. 2.3 Without a Part Lot Control Exemption By-law in effect, the sale and transfer of title of the lots and blocks will not be legally feasible. Baywood Homes representatives advised that there are a number of individuals who will be affected by the expiration of the previous By-law, as they have plans to close a number of sales and transfer ownership to the purchasers in the upcoming weeks. The urgency of the applicant's request to pass a new Part Lot Control Exemption By-law is acknowledged by Staff as the next available Council meeting, is not until December 20t", 2010. 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 provided that the applicant submit to the Planning Services Department the appropriate application form and fees for Part Lot Control application: 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 2) along with a-copy of the Part-Lot Control BY-law. 3.3 Staff recommends that the By-law be adopted and be in force for a three (3) year period following Council approval, ending October 19~", 2013. REPORT NO.: PSD-112-10 PAGE 3 4.0 CONCLUSION 4.1 It is recommended that Council APPROVE this request and ADOPT the attached Part Lot Control By-law for Lots 3 to 7, 11 to 13, 24, 31 to 38, 63 to 66, 103 to 123, 128 to 168, 180 to 185, Blocks 187 to 194. Attachment: Attachment 1 - By-law for Removal of Part Lot Control Attachment 2 - Unit Type and Number Summary Table for 40M-2332 List of interested parties to be advised of Council's decision: D. Burke, Vermont Village Homes Limited PART-LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan #: 40M-2332 By-law: APPROVED Result of Part-Lof Control Exemption on Unit Type & Number` Lots/Blocks Affected Unit T e & Number Blocks 187 to 194 Townhouse - 48 No Chan e Lots 3 to 7, 11 to 13, 24, 31 No Change to 38, 63 to 66, 103 to 123, Semi-Detached - 178 128 to 168, 180 to 185 TOTAL UNITS - 226 No Change CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW N0.2010- being a By-law to exempt certain portions of Registered Plans 40M-2332 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems if advisable to exempt from Part Lot. Control, Lots 3 to 7, 11 to 13, 24, 31 to 38, 63 to 66, 103 to 123, 126 to 168, 180 to 185, Blocks 187 to 19.4 inclusive on Plan 40M-2332, 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 3 to 7, 11 to 13, 24, 31 to 38, 63 to 66, 103 to123,,.128 to 168, 180 to 185, Blocks 187 to 194 inclusive. on 40M-2332. 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 October 19, 2013. BY-LAW read a first time this day of 201D BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally.passed this -day of 201D Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk.