HomeMy WebLinkAboutPSD-043-04
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ClJJlmgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, April 19, 2004
Report #:
PSD-043-04
File #: ZBA 2004/009
C:ftr- ,'215'0<-1
By-law #:;;K:-Uf -0'10
Subject:
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT - PORT OF NEWCASTLE HOMES L TO.
PART LOT 29, CONCESSION BROKEN FRONT, FORMER TOWNSHIP OF
CLARKE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-043-04 be received;
2. THAT the request for removal of Part Lot Control with respect to Lots 2-10 inclusive,
Lots 13-20 inclusive, and Lots 23-26 inclusive, on Plan 40M-2161 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:
David J Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed bY:cJ~--,~
Franklin Wu,
Chief Administrative Officer
TW/L T/DJC/ld
April 1, 2004
CORPORATION OF THE MUNICIPAliTY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
613
REPORT NO.: PSD-043-04
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Port of Newcastle Homes Ltd.
1.2 Location:
Lot 29, Concession Broken Front, former Township of Clarke, Plan
40M-2161 (Attachment 1)
2.0 BACKGROUND
2.1 On March 9, 2004, Staff received a request from Port of Newcastle Homes Ltd. for the
removal of Part Lot Control with respect to Lots 2-10 inclusive, Lots 13-20 inclusive and
Lots 23-26 inclusive on Plan 40M-2161.
2.2 Registration of Plan of Subdivision 40M-2160 included approval for forty-two (42) semi-
detached dwellings in July 2003. This is the fourth stage in the first phase of the
subdivision development. The removal of Part Lot Control would facilitate the
construction of the approved dwelling units in this stage.
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 to 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.
614
REPORT NO.: PSD-043-04
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
Port of Newcastle Homes Ltd.
1029 McNicoll Avenue
Scarborough, ON
M1W 3W6
615
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REGISTERED
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ATTACHMENT 1
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ZBA 2004-009
Lots Affected By Part Lot Control
Lots 2 -10,13-20 and 23-26 incl.
40M.2161
Owner: Port of Newcastle Homes Ltd.
616
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2004-
being a by-law to exempt a certain portion of Registered Plan 40M-2161
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 2-10 inclusive, Lots 13-
20 inclusive and Lots 23-26 inclusive of Plan 40M-2161, registered at the Land
Title Division in Whitby;
NOW THEREFORE BE IT RESOVED 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 2-10 inclusive, Lots 13-20 inclusive, and Lots 23-26 inclusive
of Plan 40M-2161;
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, Clerk
617
ATTACHMENT 2
ATTACHMENT 3
PART LOT CONTROL EXEMPTION BY-LAW
Unit Type and Number Summary Table
Registered Plan #: 40M-2161
By-law:
Result of Part Lot Control
Exemption on Unit Type & Number
Lots Affected Unit Tvoe & Number
Lot 2 Semi-detached - 2 No increase in units
Lot 3 Semi-detached - 2 No increase in units
Lot 4 Semi-detached - 2 No increase in units
Lot 5 Semi-detached - 2 No increase in units
Lot 6 Semi-detached - 2 No increase in units
Lot 7 Semi-detached - 2 No increase in units
Lot 8 Semi-detached - 2 No increase in units
Lot 9 Semi-detached - 2 No increase in units
Lot 10 Semi-detached - 2 No increase in units
Lot 13 Semi-detached - 2 No increase in units
Lot 14 Semi-detached - 2 No increase in units
Lot 15 Semi-detached - 2 No increase in units
Lot 16 Semi-detached - 2 No increase in units
Lot 17 Semi-detached - 2 No increase in units
Lot 18 Semi-detached - 2 No increase in units
Lot 19 Semi-detached - 2 No increase in units
Lot 20 Semi-detached - 2 No increase in units
Lot 23 Semi-detached - 2 No increase in units
Lot 24 Semi-detached - 2 No increase in units
Lot 25 Semi-detached - 2 No increase in units
Lot 26 Semi-detached - 2 No increase in units
TOTAL Units - 42 No increase in units
618