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Home My WebLink AboutPSD-041-04 \ ! CJ~gron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 19, 2004 Report #: PS D-041-04 File #: ZBA 2004-010 ~t?.4tt'~J(5 -0 tf By-law #: c20tfl '0-'\ r- Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT - ASPEN SPRINGS WEST L TO. PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-041-04 be received; 2. THAT the request for removal of Part Lot Control with respect to Lots 28-67 inclusive, and Blocks 79-86 inclusive, on Plan 40M-2185 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. Submitted by: Reviewed bY:O~ /~~ Franklin Wu, Chief Administrative Officer VI . Crome, M.C.I.P., RP.P. Director of Planning Services TW*L T*lw April 1, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 601 REPORT NO.: PSD-041-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Aspen Springs West Ltd. 1.2 Location: Lot 16, Concession 1, former Township of Darlington, 40M-2185 (Attachment 1) 2.0 BACKGROUND 2.1 On March 15,2004, Staff received a request from Aspen Springs West Ltd. for the removal of Part Lot Control with respect to Lots 28-67 inclusive, and Blocks 79-86 inclusive on Plan 40M-2185. 2.2 Draft Plan of Subdivision 18T-90050 received approval for eighty-four (84) semi- detached dwelling units and twenty-five (25) townhouse units. Registration of Plan of Subdivision 40M-2185 was completed in January, 2004. The removal of Part Lot Control would facilitate the construction of the approved dwelling units. 3.0 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 of the Part Lot Control By-law. 3.3 The Finance Department has indicated that the taxes are up to date for the subject properties. 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 April 26, 2007. 602 , ' REPORT NO.: PSD-041-04 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 List of interested parties to be advised of Council's decision: Kelvin Whalen Aspen Springs West Ltd. 1029 McNicoll Avenue Scarborough, ON M1W 3W6 603 n o z n n ~ ~ <5 z I I I I ~PART'. II \ I \ \ LOT EXPROPRIAT10~ PLA~ N2533 " "" h~ ~ :~5 ,,;!;(") ~!:l^ " 1J~~ ! L-; " ~~ I ~~ nn ~F I' II I BLOCK 92l (O,,"/I[S[Jlyt) A/lU,.M02"~ , BOTTRELL STREET ; .'l~= i N.3)). i .~ ~ - s"lrn;Jo'ri 1''''' _ !.mn"" ii~ ,-om """''10''1: _ n."'" ~ 6..~.,..;;~ " JO' ~ 7 8 ",..,,'>:>'!; .~ ~~5 9 ,o,.liR ""_ ,'~ I 10"~IJO't~ -0 I'.., I !"",f101: '--- ~-oJoo I ~,~ g 'I' ,;;s;..a o , VI on""",,,,,,, ~ g 12. i > ~ n ~" ~!:l <D , .-. . :1 Sl 0 " ~~ :R o~ @~ ,~ P"T~ ........_".l.lO RlO~K 24 BOTTRELL STREET '!"(I,,!,o iBl\{J""P,"''''''.",>& r- r- r- r- r- SSSSSS <0 0> "-4 0> U'1 ~ 7B "m<I'.>" .~ 77 .n.,..", 76 '" " 75 , i 74 , ., ~ :. "" 73 i ; , , i 72 i 71 '" ~ ~ o ~ z o ~ ;ii 70 - . ~""'5:I"JO". 69~ ~68"'1"l!I'1ll1:~ '''~ " ..... '.OJ, ,,,"" """ "nn,n WQOLNER LANE " 'd': ,,~ ~.,;::m 27~ :(::::~~~:'.: ~ :28>:-::" ~ PcAN 1J 14 , " 15 ~ ! 1:::;; , ;;i1 0 16 i I 1- 17 II.: :: , -:~"i';~l _>:!.,."W! J>"J~ ,,~;;,~,BURN DRIVE "",."" .., {ROAD AUOWANCE BElV/EEN COHCESSlON 1 BASEUNE BLOCK 89 (C.h"l:S1RI(] .oJIO_MOB,o. Bowmanville Key Map 16 111 ) ( ~w ATTACHMENT 1 ~ ~ i:i o '" ~ ~ o ~ z o ~ ;ii LOT 17 lOllS lOT 15 LOT 14 LOT 13 lOT 12 lOT 11 lOT 10 lOT 9 lOT 8 lOT 7 lOT 6 LOT 5 lOT 4 lOT 3 :<: lOT 2 LOT 1 i 26 i 25 i 24 j . 23 i 22 i ~ 21 "79"Wt ::i3:: .1 ~~~:- '..'./l\lIII>_'. :.aloo<.s.:cfBlDii<:: -:::~::;,:~-~~,~:'i .;.:~~~~~ .~e::. '.'.~'J ""-''':" ~ "nI'Jo"[ 'HI' BLOCK 88 (5""".""''''0) .\Il(. . O,I6<'~ ROAD AND BROKEN FRONT CONCESSION) ~ ~~ o n ~ ~ ;3' > z ;Ii ~ ~ ~ g o ~ ;ii ~ o '" .'. ~ 0; -l RlOCK 96 To.~lIEWl'i:J ~p~~~ ZBA 2004-010 Lots Affected By Part Lot Control Lots 28.67 and Blocks 81-86 incl. 40M.2185 Owner: Aspen Springs West Ltd. 604 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-2185 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 28-67 Inclusive and Blocks 79-86 inclusive, of Plan 40M- 2185, registered at the Land Title Division of Whitby; NOW THEREFORE BE IT RESOVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follow: 1. That Subsection 5 of Section 50 of the Planning Act, this By-law 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 Clanngton and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Lots 28-67 inclusive, and Blocks 79-86 Inclusive of Plan 40M-2185; 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of three (3) years ending on April 26. 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 finally passed this day of 2004 John Mutton. Mayor Patti L. Barrie, Municipal Clerk 605 . . ATTACHMENT 3 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan #: 40M-2185 By-law: Result of Part Lot Control Exemption on Unit Type & Number Lots Affected Unit Type & Number Lot 28 Semi-detached - 2 No increase in units Lot 29 Semi-detached - 2 No increase in units Lot 30 Semi-detached - 2 No increase In units Lot 31 Semi-detached - 2 No increase in units Lot 32 Semi-detached - 2 No increase in units Lot 33 Semi-detached - 2 No increase in units Lot 34 Semi-detached - 2 No increase in units Lot 35 Semi-detached - 2 No increase in units Lot 36 Semi-detached - 2 No increase in units Lot 3? Semi-detached - 2 No increase in units Lot 38 Semi-detached 2 No increase in units Lot 39 Semi-detached - 2 No increase in units Lot 40 Semi-detached - 2 No increase in units Lot 41 Semi-detached - 2 No increase in units Lot 42 Semi-detached - 2 No increase in units Lot 43 Semi-detached - 2 No increase in units Lot 44 Semi-detached - 2 No increase in units Lot 45 Semi-detached - 2 No increase In units Lot 46 Semi-detached - 2 No increase in units Lot 47 Semi-detached - 2 No increase in units Lot 48 Semi-detached - 2 No increase in units Lot 49 Semi-detached - 2 No increase in units Lot 50 Semi-detached 2 No increase in units Lot 51 Semi-detached - 2 No increase in units Lot 52 Semi-detached 2 No increase in units Lot 53 Semi-detached - 2 No increase in units Lot 54 Semi-detached - 2 No increase in units Lot 55 Semi-detached - 2 No increase in units Lot 56 Semi-detached - 2 No increase in units Lot 57 Semi-detached - 2 No increase in units Lot 58 Semi-detached - 2 No increase in units I Lot 59 Semi-detached - 2 No increase in units Lot 60 Semi-detached - 2 No increase in units Lot 62 Semi-detached - 2 No increase in units Lot 63 Semi-detached - 2 No increase in units Lot 64 Semi-detached 2 No increase in units Lot 65 Semi-detached - 2 No increase in units Lot 66 Semi-detached - 2 No increase in units Lot6? Semi-detached - 2 No increase in units Lot 68 Semi-detached - 2 No increase in units Biock 79 Townhouse - 4 No increase in units Block 80 Townhouse - 4 No increase in units Block 81 Townhouse - 4 No increase in units Block 82 Townhouse - 4 No increase in units Block 83 Townhouse - 4 No increase in units Block 84 Townhouse - 5 No increase in units Biock 85 Semi-detached - 2 No increase in units Block 86 Semi-detached - 2 No increase in units TOTAL Units -109 No increase in units 6(1)