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HomeMy WebLinkAboutPSD-003-04 , CI!J!iUglOn REPORT PLANNING SERVICES Report #: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE '1:>\'1- GPA--oo<f-o t By-law #:cJootf- 007 Monday, January 12, 2004 Meeting: Date: PSD-003-04 File #: ZBA 2003-053 Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: LEGENDS CONSULTING ON BEHALF OF ST, STEPHEN'S ESTATES INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PSD-003-04 be received; 2, THAT the request for removal of Part Lot Control with respect to Lots 32-66 and Blocks 67 -69 inclusive, on 40M-2133 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 and any delegations be advised of Council's decision. R~i~dby, ~ iAJI ranklin Wu, 1- Chief Administrative Officer SAIL T/DC/df 17 December 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830 611 REPORT NO.: PSD-003-04 PAGE 2 1.0 1,1 APPLICATION DETAILS Applicant: Legends Consulting on behalf of St. Stephen's Estates Inc, 1,2 Location: Part Lot 8, Concession 2, former Town of Bowmanville, 40M-2133 (Attachment 1), 2.0 BACKGROUND 2,1 Plan of Subdivision 40M-2133 was approved permitting 168 semi-detached dwellings. Eighty (80) semi-detached dwellings have been constructed in Phase 1, The removal of Part Lot Control would facilitate the construction of the remaining eighty-eight (88) semi- detached dwelling units on each of the lots and blocks within Phase 2, The road allowance (Hutton Place) within Phase 2 has recently been constructed to the satisfaction of the Director of Engineering Services, The process will enable the lots and blocks to be divided and resurveyed after the dwelling foundations are in place, The lots and blocks are in a registered plan of subdivision; therefore, there is an existing agreement in place to cover the Municipality's financial interest, including payment of parkland dedication and development charges. 2.2 On November 26, 2003, Planning Staff received a request from Legends Consulting on behalf of St. Stephen's Estates Inc, for the removal of Part Lot Control with respect to Lots 32-66, inclusive and Blocks 67-69, inclusive, on 40M-2133. 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 Attachment 3 is a Summary Table provided in accordance with the Region of Durham's requirements under the delegation of Part Lot Control. It details lots affected by the Part Lot Control By-law and the unit type and number to the Part Lot Control By-law. 4,0 RECOMMENDATIONS 4,1 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 timeframe during which the By-law shall apply, Staff recommends that the By-law be in force for a three (3) year period following Council approval, ending January 26, 2007, 612 REPORT NO.: PSD.003-04 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: St. Stephen's Estates Inc, 115 Woodstream Blvd,. Unit 13 Woodbridge, ON L4L 8K5 Legends Consulting 4891 Dundas Street West Etobicoke, ON M9A 1 B2 6]3 ATTACHMENT 1 C/J Z 0:: <C LU ~ 2 LU () C/J LU cr () MADDEN PLACE '6 \ \ 32 33 34 35 36 37 38 39 40 41 \ \ 42 \ HUTTON PLACE 43 \ en 53 52 51 50 49 48 47 44 co ~ () 45 0 ~ BLOCK 68 54 55 56 57 co 46 HUTTON PLACE 66 65 BLOCK 67 64 63 62 61 60 59 58 I- LU ::J Z LU ~ o "t () ~ ~ ~ ZBA 2003-053 Lots Affected By Part Lot Control Lots 37 to 64 and Blocks 67 to 69 Incl., 40M-2133 Owner: St. Stephens Estates Inc. I~ 6 '14 ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004-_ being a by-law to exempt a certain portion of Registered Plan 40M-2133 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 32-66 inclusive and Blocks 67-69, inclusive, of 40M- 2133, 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 appiy 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 32-66, inclusive, of 40M-2133; b) Blocks 67-69, inclusive, of 40M-2133, 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be force for a period of three (3) years ending on January 19, 2007. BY-LAW read a first time this day of 2004 BY-LAW read a second time this day of 2004 BY-LAW read a third time and finaliy passed this day of 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 61) ATTACHMENT 3 , PART LOT CONTROL EXEMPTION BY-LAW UNIT TYPE AND NUMBER SUMMARY TABLE Registered Plan 40M-2133 File: ZBA 2003-053 Lots/Blocks Unit Type & Number Results Affected Lot 32 Semi-detached dwelling unit (2) No change 33 Semi-detached dwelling unit (2) No change 34 Semi-detached dwelling unit (2) No change 35 Semi-detached dwelling unit (2) No change 36 Semi-detached dwelling unit (2) No change . 37 Semi-detached dwelling unit (2) No change 38 Semi-detached dwelling unit (2) No change 39 Semi-detached dwelling unit (2) No change 40 Semi-detached dwelling unit (2) No change 41 Semi-detached dwelling unit (2) No change 42 Semi-detached dwelling unit (2) No change 43 Semi-detached dwelling unit (2) No change 44 Semi-detached dwelling unit (2) No change 45 Semi-detached dwelling unit (2) No change 46 Semi-detached dwelling unit (2) No change 47 Semi-detached dwelling unit (2) No change 48 Semi-detached dwelling unit (2) No change 49 Semi-detached dwelling unit (2) No change 50 Semi-detached dwelling unit (2) No change 51 Semi-detached dwelling unit (2) No change 52 Semi-detached dwelling unit (2) No change 53 Semi-detached dwelling unit (2) No change 54 Semi-detached dwelling unit (2) No change 55 Semi-detached dwelling unit (2) No change 56 Semi-detached dwelling unit (2) No change 57 Semi-detached dwelling unit (2) No change 58 Semi-detached dwelling unit (2) No change 59 Semi-detached dwelling unit (2) No change 60 Semi-detached dwelling unit (2) No change 61 Semi-detached dwelling unit (2) No change 62 Semi-detached dwelling unit (2) No change 63 Semi-detached dwelling unit (2) No change 64 Semi-detached dwelling unit (2) No change 65 Semi-detached dwelling unit (2) No change 66 Semi-detached dwelling unit (2) No change Block 67 3 Semi-detached dwelling units (6) No change Block 68 3 Semi-detached dwelling units (6) No change Block 69 3 Semi-detached dwelling units (6) No change TOTAL 88 UNITS No Change ~ (' 610