HomeMy WebLinkAboutPSD-056-04
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CllJl-mgton
REPORT
PLANNING SERVICES
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Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, May 17, 2004
Report #:
PSD-056-04
File #: ZBA 2004-018
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By-law #: ;200<1: -/ b 0
Subject:
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT - CLARNEW DEVELOPMENTS INCORPORATED
PART LOTS 26 AND 27, CONCESSION 1, FORMER VILLAGE OF
NEWCASTLE
RECOMMENDATIONS:
It is respectfully recomrnended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-056-04 be received;
2. THAT the request for removal of Part Lot Control with respect to Lots 14, 15, 53, 103 to
107, 123, 125, 127, 130 to 133 on Plan 40M-2038 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.
e, . .I.P., R.P.P.
lanning Services
Reviewed by:
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Franklin Wu,
Chief Administrative Officer
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May 4, 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830
REPORT NO.: PSD-056-o4
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Clarnew Developments Incorporated
1.2 Location: Lots 26 and 27, Concession 1, former Village of Newcastle, Lots 14, 15,
53,103,104,105,106,107,123,125,127,130 to 133 on Plan 40M-2038.
2.0 BACKGROUND
2.1 On April 12, 2004, Staff received an application from Clarnew Developments
Incorporated requesting the removal of Part Lot Control for Lots 14, 15, 53, 103, 104,
105,106,107,123,125,127,130 to 133 on Plan 40M-2038.
2.2 A Part Lot Control by-law effecting Plan 40M-2038 was granted approval by Council
May 14, 2001. The by-law contained a three (3) year period within which the by-law
remained in full force and effect, expiring on March 14, 2004. The Owner has advised
staff that transfer of ownership of the above noted lots did not take place before the by-
law expired, hence the necessity for the current application.
3.0 COMMENTS
3.1 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.
3.2 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 May 31,2007.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law for Removal of Part Lot Control
Attachment 3 - Unit Type and Number Summary Table
625
REPORT NO.: PSD-056-04
PAGE 3
List of interested parties to be advised of Council's decision:
Clarnew Developments Inc.
Phil Litowicz
3845 Bathurst Street
Suite 103
Toronto, ON M3H 3N2
D.G. Biddle & Associates Ltd.
96 King Street East
Oshawa, ON L 1 H 1 B6
626
ATTACHMENT 1
KING STREET EAST
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3 W BLOCK 1 38
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5 0 BLOOM
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0 132 133 ~ I
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11
12
13
BLK 139
WILLIAM JOSE COURT
60 I
61
62
63
EDWARD
STREET E.
BLOCK 140
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~ Lots Affected By Part Lot Control
Lots 14, 15,53,103-107, 123, 125, 127, 130 and 131, 40M-2038
Newcastle Village
ZBA 2004-018
627
ATTACHMENT 2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY.LAW NO. 2004-
being a by-law to designate a certain portion of Registered Plan 40M-2038 as not being
subject to Part Lot Control
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to exempt from Part Lot Control. Lots 14, 15,53. 103 to 107, 123, 125, 127, 130 to 133
inclusive on Plan 40M-2038, 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 14, 15,53,103 to 107, 123, 125, 127, 130 to 133 on Pian 40M-2038;
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 May 31, 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
628
ATTACHMENT 3
PART LOT CONTROL EXEMPTION BY-LAW
Unit Type and Number Summary Table
Registered Plan #: 40M-2038
By-law:
Result of Part Lot Control
Exemption on Unit Type & Number
LofsAffected UnifType&iNUrnl)er <i 'Iii!'."
Y.ii<
Lot 14 Semi-Detached -2 No increase in units
Lot 15 Semi-Detached - 1 No increase in units
Lot 53 Semi-Detached - 1 No increase in units
Lot 103 Semi-Detached -2 No increase in units
Lot 104 Semi-Detached -2 No increase in units
Lot 105 Semi-Detached -2 No increase in units
Lot 106 Semi-Detached -2 No increase in units
Lot 1 07 Semi-Detached -2 No increase in units
Lot 123 Semi-Detached -2 No increase in units
Lot 125 Semi-Detached -2 No increase in units
Lot 127 Semi-Detached -2 No increase in units
Lot 130 Semi-Detached -2 No increase in units
Lot 131 Semi-Detached - 2 No increase in units
Lot 132 Semi-Detached -2 No increase in units
Lot 133 Semi-Detached -2 No increase in units
TOTAL Units 30 No increase in units
629