HomeMy WebLinkAboutPSD-037-11GIarington
Leading the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: April 18, 2011 Resolution #: 6PA-316~ l l By-law #: a0//- OSo
Report #: PSD-037-11 File #: ZBA 2006-0005
Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: 7494339 ONTARIO LIMITED (THE FOLEY GROUP)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-037-11 be received;
2. THAT the request for removal of Part Lot Control with respect to Lots 17 and 19, in Block
A In Plan H50077 (the "Porter and Bradshaw Plan") 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-037-11, any delegations and the
Regional Municipality of Durham Planning Department be advised of Council's decision
and that the Region of Durham Planning Department be forwarded a copy of Report
PSD-037-11.
Submitted b ~ /~' l
David J. Crome, MCIP, RPP
Director of Planning Services
BR/CP/df
8 April 2011
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Reviewed by:
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-037-11
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: 1494339 Ontario Limited (The Foley Group)
1.2 Part Lot Control: To allow the creation of four (4) residential lots
1.3 Location: 24, 26, 28 & 30 Mann Street, Bowmanville
Lot 9, Concession 2, Town of Bowmanville
(Attachment 1)
2.0 BACKGROUND
2.1 On January 31, 2006, Staff received a request from Armstrong Harrison Associates on
behalf of Condor Developments Limited for Amendment to Zoning By-law 84-63 (ZBA
2006-0006) within Lots 17 and 19, in Block "A" in Plan H50077 (the "Porter and Bradshaw
Plan", see Attachment 1) to permit the development of 4 residential lots.
2.2 Committee and Council considered the rezoning application in April and May of 2006 and
approved it in principle along with authorization to enter into a development agreement.
Following Council approval in 2006, Condor Developments Limited ran into financial
difficulties and lost the lands to the mortgagee. The mortgagee in possession furthered
these applications but, did not bring them to a conclusion. 1494339 Ontario Limited
which is associated with the Foley Group, recently acquired the lands and fulfilled the
conditions related to the approval in principle of the rezoning application.
2.3 On January 31, 2006, Staff also received an application from Armstrong Harrison
Associates on behalf of Condor Developments Limited for Removal of Part Lot Control
(ZBA 2006-0005) with respect to Lots 17 and 19 , in Block "A" in Plan H50077.
2.4 The Porter and Bradshaw Plan was originally registered in the Durham County Registry
Office on October 3, 1856. Registration of this Plan of Subdivision was certified by the
Land Registrar in the (Whitby) Land Registry Office on January 18, 1994.
3.0 COMMENTS
3.1 Since the development agreement has been signed by 1494339 Ontario Limited, as
outlined in the 2006 approval, the Zoning By-law Amendment was forwarded directly to
Council for approval at their meeting of March 28, 2011. The appeal period will expire on
April 21, 2011. Should an appeal be received after Committee's consideration and prior to
the Council meeting, the by-law exempting the subject lands from Part Lot Control will be
withdrawn from the Council Agenda of May 2, 2011.
3.2 In consideration of the above, Staff now 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.
REPORT NO.: PSD-037-11
PAGE 3
3.3 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.
3.4 Staff recommend that the By-law be in force for a two (2) year period following Council
approval, ending May 2, 2013.
3.5 All property taxes have been paid in full.
4.0 RECOMMENDATIONS
4.1 It is recommended that Council approve this application and adopt the attached Part Lot
Control By-law for Lots 17 and 19 inclusive, in Block °A" in Plan H50077.
Staff Contact: Bob Russell
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
Interested parties to be notified of Council and Committee's decision:
Mark Foley
Merle Mandel
Attachment 1
To Report PSD-037-11
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2011-
Attachment 2
To Report PSD-037-11
being a By-law to exempt a certain portion of Registered Plan H50077
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 17 and 19 inclusive, in Block "A" in Plan H50077, 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:
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 17 and 19 inclusive, in Block "A" in Plan H50077;
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 May 2, 2013.
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-037-11
TABLE 4
PART-LOT CONTROL EXEMPTION BY-LAW
Unit Type and Number Summary Table
Registered Plan #: H50077
By-law:
APPROVED Result of Part-Lot Control
Lots/Blocks Affected Unit T e & Number Exemption on Unit Type 8 Number
Lot 17 Sin les Small Lot - 2 An increase of 1 unit
Lot 19 Sin les Small Lot - 2 An increase of 1 unit
TOTAL Units - 4 An increase of 2 units