HomeMy WebLinkAboutPSD-029-11Leading the Way
~~~~~ REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 21, 2011 Resolution #: G'f ~-d~ ~f8~/J By-law #: o~G//- 033
Report #: PSD-029-11 File #: ZBA 2011-0006
Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: MAPLE WOODS LAND CORPORATION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-029-11 be received;
2. THAT the request for removal of Part Lot Control with respect to Block 26, in Plan 40M-
2265; and Block 137, in Plan 40M-2337 be approved and that the attached Part Lot
Control By-law be passed pursuant to Section 50 (7.1) of the Planning Act; and
3. THAT all interested parties listed in Report PSD-029-11, any delegations and the
Regional Municipality of Durham Planning Department be advised of Council's decision.
Submitted by,
Da id . Crome, MCIP, RPP
Director, Planning Services
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March 10, 2011
Reviewed by,
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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-029-11
PAGE 2
1.0 APPLICATION
1.1 Applicant:
1.2 Part Lot Control:
1.3 Location
2.0 BACKGROUND
Maple Woods Land Corporation
To allow the creation of one (1) semi detached/link residential lot (2
units)
372 and 376 West Scugog Lane, Bowmanville
Lot 16, Concession 2, Town of Bowmanville (Attachment 1)
2.1 On March 2, 2011, Planning Staff received a request from George Smith on behalf of
Maple Woods Land Corporation for Removal of Part Lot Control with respect to Block
26, in Plan 40M-2265; and Block 137, in Plan 40M-2337 (see Attachment 1).
2.2 Plan 40M-2265 was registered on August 19, 2005, containing 24 lots for single
detached dwellings and one lot for two semi-detached/link dwelling lots. Plan 40M-2337
was registered December 14, 2006, containing 136 lots for single detached dwellings.
2.3 Building permits have been issued for two link residential dwellings and they are now
under construction.
2.4 Each block 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 prgcedures 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.
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
REPORT NO.: PSD-029-11
PAGE 3
timeframe during which the By-law shall apply. Given that there are only two dwellings
subject to the application and they are both already under construction, staff
recommends that the By-law be in force for a period of one year following Council
approval, ending March 28, 2012.
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 Block 26, in Plan 40M-2265; and Block 137, in
Plan 40M-2337.
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:
Hannu T. Halminen
Lisa Eagleson
Attachment 1
To Report PSD-029-11
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2011-
being a by-law to exempt a certain portion of Registered Plan 40M-2265 and a
certain portion of Registered Plan 40M-2337 from Part Lot Control
Attachmertt 2
To Report PSD-029-11
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to exempt from Part Lot Control, Block 26, in Plan 40M-2265; antl Block 137, in
Plan 40M-2337 both 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 SD 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 26 of Plan 40M-2265; and
b) Block 137 of Plan 40M-2337.
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be force
for a period of one (1) year ending on March 28, 2012.
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
Attachment 3
To Report PSD-029-11
PART LOT CONTROL EXEMPTION BY-LAW
Unit Type and Number Summary Table
40M-2265 and 40M-2337