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HomeMy WebLinkAboutPSD-073-11 • REPORT Leading the Way p PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution #: 6 -// By-law #: //- Report #: PSD-073-11 File #: ZBA 2011-0026 Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: 511060 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-073-11 be received; 2. THAT the request for removal of Part Lot Control with respect to Lot 13 on Plan 40M-2094 be approved and that the Part Lot Control By-law contained in Attachment 2 of PSD-073- 11 be passed pursuant to Section 50 (7.1) of the Planning Act; and 3. THAT all interested parties listed in Report PSD-073-11 any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Reviewed by: Dav`d,,J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer CS/df 23 August 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-073-11 PAGE 2 1. APPLICATION 1.1 Applicant: 511060 Ontario Limited (Frank Veltri) 1.2 Location: Part Lot 9, Concession 1, former Township of Darlington (see Site Location Attachment 1) 2. BACKGROUND 2.1 On August 10, 2011, Planning Staff received a request from 511060 Ontario Limited for the Removal of Part Lot Control with respect to Lot 13 on 40M-2094 (see Attachment 1). Plan 40M-2094 was registered on July 4, 2002, containing 27 lots for single detached dwellings and 19 lots for semi-detached/link dwelling lots. A Removal of Part Lot Control By-law was originally adopted on June 23, 2008 and expired June 23, 2011. 2.2 Building permits were issued for each half of Lot 13 in April 2011. The developer has sold each unit on Lot 13, with closings at the end of September 2011. In order to facilitate said closings and the transfer of the land, a new by-law allowing for exemption from Part Lot Control is required. 3. 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. The by-law could be in force for one (1) year period following Council approval, ending September 19, 2012. 3.2 In accordance with the procedures established in the delegation of Part Lot Control By- laws, a copy 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. 4. CONCURRENCE — Not applicable 5. CONCLUSIONS 5.1 It is recommended that Council APPROVE this application and adopt the attached Removal of Part Lot Control By-law for Lot 13 of 40M-2094. CONFORMITY WITH STRATEGIC PLAN — Not applicable Staff Contact: Cynthia Strike — Principal Planner, Development Review Branch REPORT NO.: PSD-073-11 PAGE 3 Attachments: 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: 511060 Ontario Limited (Frank Veltri) Region of Durham Planning c/o Brian Bridgeman Attachment 1 To Report PSD-073-11 d E ca S o dN3o�3nNAVS w 3MM V S N U/L C I�v CM - J c°O O 3niaa VONW NULLS CL O G o o MWQ) d ONOHO C 0 m `C o irm C G p G N H3HOIA 3a 9 0 _ O N V c 2 ° o y m > J s e as NOSava '�'j s e N C E O CL G O o i a Z� w 0 z 0 U) 0 0 Attachment 2 To Report PSD-073-11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- being a by-law to exempt a certain portion of Registered Plan 40M-2094 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lot'13 of 40M-2094, 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 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). Lot 13 of 40M-2094. 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 September 19, 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-073-11 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Plan 40M-2094 ® - es: o i t s ,e Lot 13 Linked / Semi-Detached Dwelling (2) No Change TOTAL Units —2 No Change