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HomeMy WebLinkAboutPSD-015-11Clarington Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 7, 2011 Resolution #: ~(J~-09a- // By-law #: o?~//- 0/5 Report #: PSD-015-11 File #: ZBA 2011-0002 Subject: APPLICATION FOR EXEMPTION OF PART LOT CONTROL APPLICANT: 2231231 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-015-10 be received; 2. THAT the request for Removal of Part Lot Control by 2231231 with respect to Block 19 on Plan 40M-2316 be approved, and that the attached Part Lot Control By-law be passed pursuant to Section 50 (7.1) of the Planning Act; 3. THAT a copy of Report PSD-015-11 and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and 4. THAT all interested parties listed in Report PSD-015-11 and any delegations be advised of Council's decision. Submitted David J. Crome, MCIP, RPI Director, Planning Services Reviewed byY ; C c.. ~ ~ __._~, t~j__- ~. Franklin Wu Chief Administrative Officer MH/CP/df/av January 27, 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-015-11 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: 2231231 Ontario Limited 1.2 Location: Part Lot 11, Concession 2, Former Town of Bowmanville, 55 Allison Street, Bowmanville Block 19, 40M-2316 (see Attachment 1 -Property Location Map) 2.0 BACKGROUND 2.1 On June 11~", 2010, the applicant received site plan approval fora 48 unit townhouse development on the subject lands. The approved site plan illustrates 48 residential lots with two parking spaces each, an internal roadway, 12 visitor parking spaces, a small utility room building and a tot lot (open space). All townhouse units have access to Allison Street in two locations by way of an internal road. 2.2 On January 7~h, 2011 the Director of Planning Services signed a decision to approve a Draft Plan of Condominium for the subject lands. The approval permits a common element condominium for the internal roadway, 12 visitor parking spaces, the tot lot and the meter room building. Each townhouse unit and the lot upon which it is situated will be bought and sold individually to each respective purchaser, and each purchaser will have a shared common interest in the balance of the development (internal road, visitor parking and lot). The 20 day appeal period from the notice of decision date lapsed on January 27, 2011. No appeals were received and the Draft Plan of Condominium was Draft Approved on January 28, 2011. 2.3 A number of townhouse units within the development have already been built, and advertising for the units is underway. Before any lands can be transferred, a by-law to exempt Block 19 of Plan 40M-2316 from Part Lot Control is necessary. Attachment 2 - Reference Plan 40R-26823, illustrates the proposed division of the lands. Parts 1 through 48 will be transferred to each respective purchaser and Part 49 will be transferred to a common element condominium corporation. 3.0 STAFF COMMENTS 3.1 A site plan agreement was registered on title on August 5, 2010 for the subject development, and the appropriate securities for landscaping and engineering works were submitted by the applicant and received by the Finance Department. 3.2 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. In accordance with the procedures established in the delegation of Part Lot Control By-laws, Planning Staff will forvuard 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 (Attachment 4). REPORT NO.: PSD-015-11 PAGE 3 3.3 Staff recommends that the By-law be adopted and be in force for a three (3) year period following Council approval, ending February 14, 2014. 4.0 CONCLUSION 4.1 It is recommended that Council approve this request and adopt the attached Part Lot Control By-law for Blocl< 19 on Plan 40M-2316. Staff Contact: Meaghan Harrington Attachment: Attachment 1 - Property Location Map Attachment 2 - Reference Plan 40R-26823 Attachment 3 - Unit Type and Number Summary Table for 40M-2316 Attachment 4 - Part Lot Control Exemption By-law List of interested parties to be advised of Council's decision: 2231231 Ontario Limited c/o Ahad S. 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Y--- rt'- 1 I ~ 'c i ~ - --._ ~_ ~ i ~NL _ ----~ __-. ~ I ~. w" s- " ~.B I I I _ ,__, I Attachment 3 To Report PSD-015-11 PART-LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan #: 40M-2316 By-law: CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- Attachment 4 To Report PSD-015-11 being a By-law to exempt certain portions of Registered Plans 40M-2316 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Block 19 on Plan 40M-2316, 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) Block 19 on 40M-2316. 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 February 14, 2014. BY-LAW read a first time this day of 2011 BY-lAW read a second time this day of 2011 BY-LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk