HomeMy WebLinkAboutPSD-044-04
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Cl!Jlmgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, April 19, 2004
Report #:
PSD-044-04
File #: ZBA 2004-007
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By-law #: :)C1:ff . LA I
Subject:
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT -1441660 ONTARIO INC.
PART LOT 30, CONCESSION 3, 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-044-04 be received;
2. THAT the request for removal of Part Lot Control with respect to Lots 16, 17 and 18 on
Plan 40M-1994 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.
S"bm~ed ""~
D v J. Crome, M.C.I.P., R.P.P.
Director of Planning Services
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Reviewed by:! ''-...(<~- '-.- '-~ .C" c"-
ranklin Wu,
Chief Administrative Officer
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April 2, 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
619
REPORT NO.: PSD-044-04
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Ron Armstrong on behalf of 1441660 Ontario Inc.
1.2 Location: Lot 30, Concession 3, former Township of Darlington, Lots 16, 17 and 18
on 40M-1994, Richfield Square, Courtice.
(Attachment 1)
2.0 BACKGROUND
2.1 On March 1,2004, Staff received an application from Armstrong Harrison Associates on
behalf of 1441660 Ontario Inc. (Sunrise Homes - Durham) requesting the removal of
Part Lot Control for Lots 16, 17 and 18 on Plan 40M-1994.
2.2 A Part Lot Control by-law effecting Lots 7 to 19 and Blocks 28 to 32 on Plan 40M-1994
was granted approval by Council February 8, 1999. The by-law contained a five (5)
year period within which the by-law remained in full force and effect, expiring on
February 1, 2004. The Owner has advised staff that transfer of ownership of each lot
(16, 17 and 18) did not take place before the by-law expired, hence the necessity for the
current application.
3.0 COMMENTS
3.1 Normally, for townhouse or semi-detached dwellings, exact location of lot lines are
determined by a surveyor after the foundations have been poured. In this case, the
developer chose to indicate the lot lines on the registered plan of subdivision 40M-1994
rather than identify the property as a block. Once the foundations had been poured, it
has been concluded that their exact locations do not comply with registered plan 40M-
1994. As such, Part Lot Control removal is necessary to adjust the property lines as
shown on the registered plan.
3.2 Although no new lots will be created, 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
620
REPORT NO.: PSD-044-04
PAGE 3
appropriate timeframe during which the By-law shall apply. Staff recommends that the
By-law be in force for a two (2) year period following Council approval, ending April 26,
2006.
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:
Ronald St. C. Armstrong
Armstrong Harrison Associates
12 Trillium Trail
R.R. #4
Coldwater, ON LOK 1 EO
Ron O'Connor
1441660 Ontario Inc. (Sunrise Homes Durham)
74 Cecil Found Crescent
Courtice, ON L 1 E 2W1
621
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ZBA2004-007
Lots Affected By
Part Lot Control
Lots 16, 17 & 18, 40M-1945
Owner: Ron O'Connor,
1441660 Ontario Ltd. and
Sunrise Homes Durham
622
ATTACHMENT 1
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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-1994 from Part Lot
Control
WHEREAS the Council of the Corporation of the Municipality of Clanngton deems it advisable
to exempt from Part Lot Control, Lots 16,17 and 18 on Plan 40M-1994, 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
Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the
following lands:
a) Lots 16, 17 and18 on Plan 40M-1994:
3. Pursuant to Subsection 7.3 of Section 50 of the Pianning Act, this By-law shall be in
force for a period of two (2) years ending on April 26, 2006
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
623
ATTACHMENT 3
PART LOT CONTROL EXEMPTION BY-LAW
Unit Type and Number Summary Table
Registered Plan #: 40M-1994
By-law:
Result of Part Lot Control
Exemption on Unit Type & Number
Lots Affected
Lot 16
Lot 17
Lot 18
TOTAL
Unit Type & Number
Townhouse - 1
Townhouse - 1
Townhouse - 1
Units - 3
No increase in units
No increase in units
No increase in units
No increase in units
~ 624