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Home My WebLink AboutPSD-064-04 . Cl~-mgton REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, June 7,2004 Report #: PSD-064-04 File #: ZBA 2004-019 ~. r.,PA-.2,'1-uf By-law #: ;z.00'-f - iLf<-t Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT - VERMONT VILLAGE HOMES LTD. PART LOT 9, CONCESSION 2, FORMER TOWN OF BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-064-04 be received; 2. THAT the request for removal of Part Lot Control with respect to Lots 1 to 8, 17, 18, 32 to 46, 60, 61, 77 to 81, 90 to 92, Blocks 93 to 95, and 97 to 100 inclusive on Plan 40M-2172 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: " . ~:tLC"---tZ C ~ (~'- Reviewed by: . Franklin Wu Chief Administrative Officer TW*L T*DJC*lw May 27,2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONT~RIO L 1& fa T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-064-04 PAGE 2 , 1,0 APPLICATION DETAILS 1.1 Applicant: Vermont Village Homes 1.2 Location: Lot 9, Concession 2, former Township of Bowmanville, 40M-2172 (Attachment 1) 2.0 BACKGROUND 2.1 On April 26, 2004, Staff received a request from Vermont Village Homes Ltd. for the removal of Part Lot Control for Lots 1 to 8,17,18,32 to 46,60,61,77 to 81, 90 to 92, and Blocks 93 to 95, and 97 to 100 inclusive on Plan 40M-2172. 2.2 Draft Plan of Subdivision 18T-89064 received approval for seventy (70) semi- detached dwelling units and forty-six (46) townhouse units. Registration of Plan of Subdivision 40M-2172 was completed October 31, 2003. The removal of Part Lot Control would facilitate the purchase and sale of the semi-detached 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. 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 June 14, 2007.' 641 REPORT NO.: PSD-064-04 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 642 , ATTACHMENT 1 ~~~~;_i~l~ ~lgJ~j~I~!r/W/~~.:'- ~~;:111; ~ ~~~;;: ~~;;: JC'c I ~~::: ~ ro.' "w ." '"O"'S\., ~ ~, ~~' ~I '-' ~--- ,~. ' ,~12. :J ...1,;'-' ~ 23 ~ ~~ ,~-: J..' ~~. ii - .' ~-:(;/>, 'if ii , ii 25 ',,' : . ~ 57 j ~)~j, 'L ~ f/>AL /. ?..t'/; 10'! ,j ~ '!,o 2.. H 'i " : I ~ ~ ~ 'lff~i ~ ' :y; ;.~.; ",~7:? . 6 '.. . '... ~1 ;:! ! 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'" ~ -s.-<:) =:' ~~:)Z" "::~ ''M' '?' _ ~. a ~ ~G<V 8' '" ~." ~~<,) -~ \J' - ~df ~. --, .< (: ~ V'?" ~ ~ I / I LOl61 L~I,~I~l HlU" ~ ~' ~ I~m~'!oo~ mao . , . m Bowmanville Key Map .':o:~~' IIIIIII1 J ZBA 2004-019 Lots Affected By Part Lot Control Lots 1-8,17,18,32-46,60,61,77-81,90-92 and Blocks 93-95,97-100, 40m-2172 Owner: Vermont Village Homes Ltd. 643 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004- being a by-law to exempt a certain portion of Registered Plan 40M-2172 from Part Lot Control WHEREAS the Councii of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lots 1-8 inclusive, Lots 17 and 18, Lots 32- 46 inclusive, Lots 60 and 61, Lots 77-81 inciusive, Lots 90-92 inclusive, Blocks 93-95 inclusive, and Blocks 97-100 inciusive of Plan 40M-2172, 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 1 to 8, 17, 18, 32 to 46, 60, 61, 77 to 81, 90 to 92, Blocks 93 to 95, and 97 to 100 inclusive of Plan 40M-2172; 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 June 14, 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 Cierk 644 ATTACHMENT 2 ATTACHMENT 3 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan #: 40M-2172 By-law: Result of Part Lot Control Exemption on Unit Type & Number Lots Affected Unit Type & Number Lot 1 Semi-detached - 2 No increase in units 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 17 Semi-detached - 2 No increase in units Lot 18 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 37 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 645 Lot 45 Semi-detached - 2 No increase in units Lot 46 Semi-detached - 2 No increase in units Lot 60 Semi-detached - 2 No increase in units Lot 61 Semi-detached - 2 No increase in units Lot?? Semi-detached - 2 No increase in units Lot 78 Semi-detached - 2 No increase in units Lot 79 Semi-detached - 2 No increase in units Lot 80 Semi-detached - 2 No increase in units Lot 81 Semi-detached - 2 No increase in units Lot 90 Semi-detached - 2 No increase in units Lot 91 Semi-detached - 2 No increase in units Lot 92 Semi-detached - 2 No increase in units Block 93 Townhouse - 8 No increase in units Block 94 Townhouse -7 No increase in units Block 95 Townhouse -6 No increase in units Block 97 Townhouse -6 No increase in units Block 98 Townhouse -6 No increase in units . Block 99 Townhouse - 7 1 additional unit Block 100 Townhouse -7 No increase in units TOTAL Units -117 1 additional unit 646