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HomeMy WebLinkAboutPSD-026-05 Cl~mglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 21, 2005 Report #: PSD-026-05 File #:ZBA 2004-057 (2es #hP!Ujf5~O~ By-law #: c2CD5 - Od-7 Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: PORT OF NEWCASTLE HOMES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-026-05 be received; 2. THAT the request for removal of Part Lot Control with respect to Lots 2 to 9 inclusive, 12 to 17 inclusive, 40 to 45 inclusive, on Plan 40M-2220 and Lots 1 to 19 inclusive, on Plan 40M-2226, 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 this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Da i Crome, M.C.I.P., R.P.P. Director of Planning Services ~.. /l(} ~ t' t '--)~ ---:.. ~~. Reviewed by: Franklin Wu, Chief Administrative Officer BR/CS/DJC/lb February 14, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 637 REPORT NO.: PSD-026-05 PAGE 2 1.0 1.1 1.2 2.0 2.1 2.2 3.0 3.1 3.2 3.3 3.4 4.0 4.1 APPLICATION DETAILS Applicant/Agent: Location: The Kaitlin Group Ltd. Part Lots 29 & 30, Broken Front Concession, former Village of Newcastle (Attachment 1) BACKGROUND On December 9, 2004, Staff received a request from The Kaitlin Group Limited for the removal of Part Lot Control with respect to Lots 2 to 9 inclusive, 12 to 17 inclusive, 40 to 45 inclusive, on Plan 40M-2220 and Lots 1 to 19 inclusive, on Plan 40M-2226 (Attachment 1 ). The plan of subdivision 18T-96013, which encompasses the area of this application received draft approval for: 54 single detached, 210 semi-detached/link (105 lots), 132 townhouse and 178 apartment dwelling units. Registration of plans of subdivision 40M- 2220 and 40M-2226 were completed October 6, 2004 and December 3, 2004, respectively. COMMENTS 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. 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. The Finance Department advises that the taxes have been paid in full. Staff recommends that the by-law be in force for a two (2) year period following Council approval, ending February 28,2007. RECOMMENDATIONS It is recommended that Council approve this application and adopt the attached Part Lot Control By-law for Lots 2 to 9 inclusive. 12 to 17 inclusive, 40 to 45 inclusive, on Plan 40M-2220 and Lots 1 to 19 inclusive, on Plan 40M-2226. 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 List of interested parties to be advised of Council's decision: Kelvin Whalen 638 ATTACHMENT 1 J 7 8 9 w 7 -J ROSEMEADOW f-- 12 UJ 6 w <( z u :5 13 S w ;Z ~ " '-i ~ ;..:; '-i ~ C:J ZBA 2004-057 Lots Affected By Part Lot Control 40M-2220, Lots 2 to 9,12 to 17 and 40 to 45 40M-2226, Lots 1 to 19 incl. Owner: 1138337 Ontario Inc. 639 ATTACHMENT 2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a By-law to exempt certain portions of Registered Plans 40M-2220 and 40M-2226 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 2 to 9 inclusive, 12 to 17 inclusive. 40 to 45 inclusive, on Plan 40M-2220 and Lots 1 to 19 inclusive. on Plan 40M-2226, 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 2 to 9 inclusive, 12 to 17 inclusive, 40 to 45 inclusive, on Plan 40M-2220: and, b) Lots 1 to 19 inclusive, on Plan 40M-2226. 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 February 28, 2007. BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton. Mayor Patti L. Barrie, Municipal Clerk 640 ATTACHMENT 3 TABLE 4 PART.LOT CONTROL EXEMPTION BY.LAW Unit Type and Number Summary Table Registered Plan # : 40M-2220 By-law: APPROVED Result of Part-Lot Control Exemption on Unit Type & Number Lots/Blocks Affected Unit TVDe & Number Lot 2 Semi/Links - 2 No Chance Lot 3 Semi/Links - 2 No Chance Lot 4 Semi/Links - 2 No Chanqe Lot 5 Semi/Links - 2 No Chance Lot 6 Semi/Links - 2 No Chance Lot 7 Semi/Links - 2 No Chanqe Lot 8 Semi/Links - 2 No Chance Lot 9 Semi/Links - 2 No Chance Lot 12 Semi/Links - 2 No Chanqe Lot 13 Semi/Links - 2 No Chanqe Lot 14 Semi/Links - 2 No Chance Lot 15 Semi/Links - 2 No Chanqe Lot 16 Semi/Links - 2 No Chance Lot 17 Semi/Links - 2 No Chance Lot 40 Semi/Links - 2 No Chanqe Lot 41 Semi/Links - 2 No Chance Lot 42 Semi/Links - 2 No Chanqe Lot 43 Semi/Links - 2 No Chance Lot 44 Semi/Links - 2 No Chanqe Lot 45 Semi/Links - 2 No Chance TOTAL Units.40 No increase in units 641 TABLE 4 PART-LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan # : 40M-2226 By-law: APPROVED Result of Part-Lot Control Exemption on Unit Type & Number Lots/Blocks Affected Unit Tvpe & Number Lot 1 Semi/Links - 2 No Chance Lot 2 Semi/Links - 2 No ChanQe Lot 3 Semi/Links - 2 No Chance Lot 4 Semi/Links - 2 No ChanQe Lot 5 Semi/Links - 2 No Chance Lot 6 Semi/Links - 2 No Chance Lot 7 Semi/Links - 2 No ChanQe Lot 8 Semi/Links - 2 No ChanQe Lot 9 Semi/Links - 2 No Chance Lot 10 Semi/Links - 2 No ChanQe Lot 11 Semi/Links - 2 No Chance Lot 13 Semi/Links - 2 No Chance Lot 14 Semi/Links - 2 No ChanQe Lot 12 Semi/Links - 2 No Chance Lot 15 Semi/Links - 2 No Chance Lot 16 Semi/Links - 2 No Chance Lot 17 Semi/Links - 2 No Chance Lot 18 Semi/Links - 2 No Chance Lot 19 Semi/Links - 2 No Chance TOTAL Units - 40 No increase in units 642