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Home My WebLink AboutPSD-135-04 . ClYl-!lJglon REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 1, 2004 Report #: PSD-135-04 File #: ZBA 2004-041 KC64f: 6 fJll- 43/-0 'f By-law #: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: BLACK CREEK DEVELOPMENTS LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-135-04 be received; 2. THAT the request for removal of Part Lot Control with respect to Lots 26 to 36; 59 to 62 and 64 to 67 inclusive, on Plan 40M-2213 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: vi J rome, MCIP, R.P.P. Director of Planning Services Reviewed by: (")~/ -e---::;~ Franklin Wu, Chief Administrative Officer L T/DJC/df 20 October 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 tiJO REPORT NO.: PSD-135-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Black Creek Developments Ltd. 1.2 Part Lot Control Removal: Lots 26 to 36; 59 to 62 and 64 to 67 inclusive, Plan 40M-2213 (Attachment 1 ). 2.0 BACKGROUND 2.1 On September 8, 2004, Staff received a request from Black Creek Developments Ltd. for the removal of Part Lot Control with respect to Lots 26 to 36; 59 to 62 and 64 to 67 on Plan 40M-2213. 2.2 Draft Plan of Subdivision 18T-95005 received approval for 76 single family dwelling units and 38 semi-detached dwelling units. The removal of Part Lot Control would facilitate the construction of the approved semi-detached dwelling within the registered plan. 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/blocks affected by the Part Lot Control By-law, the unit type and the number of the Part Lot Control By-law. 3.3 The Finance Department has confirmed that the taxes are up to date for the subject properties. 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of Part Lot Control By-law as shown on the attached by-law (Attachment 2) is recommended. 4.2 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the Part Lot Control 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 November 8, 2007. b31 REPORT NO.: PSD-135-04 PAGE 3 Attachments: Attachment 1 - Key Map for Removal of Part Lot Control Application Attachment 2 - By-law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table 1)32 GEORGE REYNOLDS DRIVE BLOCK. 3 P.I.N. ~i~.RE5ERVE) 26700-OJ1J 2570J.-.'0:312 to "<t- OO I ::;; o "<t- o Z ::J o "- PARTl PART 2 PART 3 PART 4 z -< -' (L o w n:: w e- if) C5 w n:: PART 1 PLm 4QR-19B80 PART 2 PART 1 PlAN -4QR";19737 PART 1 PART 6 PART 7 PART 4 PART' PART 2 PARTJ PARTS PART 5 A IT ACHMENT 1 BLOCK 72 (D.30RESEilVE) 1 GEORGE REYNOLDS DRIVE LOT 1'~ ,... ~~~o-0278 B ~ 2s -~ f- Z W U (j] W '" U LOT 2 P.I.N. 2670J.-.'0279s LOT 3 ~'POO-02BO ~ LOT 4- P.I.N. 25700-0281 LOT 5 P.I.N. 25700-0282 LOT 6 P.I.N. 26700-0283 r--. ii!'!"oo-OS16 OP.I.N. ;i; -'26700-051501 P.I.N. 'I 25700-0508e::: OP.I.N. ~ -'25700-0507 o>P.I.N. ~ 26700-0521 -' gP.l.N. a.. 26700-0522 oP.I.N. .-26700-0549 . bP.I.N. ~ -,26700-0550 l' ....P.I.N. z '-26700-0510 .,. g ~~'!'k-0509 i NP.I.N. c '-26700-0500 r. g~Mtio-~iN .~ 26 < 32.500 0 0 27 n " 32.500 0 0 n 28 ~ 32.500 0 0 29 " " 32.500 g 0 30 0 " " " N7r37'38'.[ 32.50~ 0 0 31 n . 32.5:;0 0 0 32 0 < 32.500 g 33 " 32.50:; ~g34 a;iq -0 Courtice Key Map , ~ ~~7'k-0505 S! ~ P.I.N. ~ 326700-05060: LOP.I.N. '-26700-011 ," c 1>00'10.30"( 27.587 NI:!2'13'41"[ ~-";4S7.oo0 ~-";58.281 ~""S8.241 ~ 25 - - 0 ;; ~ 0 N . 0 0 ro a ~ 0 0 , 0 . 0 L 0 T ~ " NY" 0 " c 0 0 c 67 0 " ,; o g . w '" '"' ::::l '" '" o g ,; 32,500 66 a g ,; < g ~ g '" o z ~ 32.500 o g ,; 65 o g " o o o < 32.500 ~71.22'50"[ g 12.COO 12,000 o " J8.OC8 1~.008 64 o o c ~ M'.J"29'5C"W 7.086 63 8 o . . 27.479 N71.22'50"E .2.OC8 lUIOO 11.564 66.494 o o " . z '"' ~ W W ...J (..1 ~ ~ '" z 0 - 0; . > - 0 n ~ , - z '. o CO c. 0'; .;- PAR T N71'22'SO"t:: 12.000 J .~ g; ~ g "'''' ......, ~:;fC1\b,;::io z Mz: . o o o ~- .. 71.601 12.0001167310.901 '3'."\ ,. 0.227 o "'0 '!;; o - '" DO .., ".., ..,'" "CU"'..-;M"'''' "'v~"'.:;j: z ~ ',5,000 :2.008 :2.OCO '2,OC8 lJ,5OC .6.000 130.878 \ o N c E s s o N 3 -:,~J-\ ZBA 2004-041 Lots Affected By Part Lot Control Lots 26 to 36, 59 to 62 and 64 to 67 40M-2213 Owner: Black Creek Developments Ltd. llJ;i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004- being a by-law to exempt a certain portion of Registered Plan 40M-2213 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 26 to 36. 59 to 62 and 64to 67 on Plan 40M-2213. 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 26 to 36, 59 to 62 and 64 to 67 inclusive on Plan 40M-2213, 3, Pursuant to Subsection 7,3 of Section 50 af the Planning Act. this By-law shall be in force for a period of three (3) years ending on November 8, 2007. BY-LAW read a first time this day of 2004 BY-LAW read a second time this dayof 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton. Mayor Patti L. Barrie, Municipal Clerk tiJ4 ATTACHMENT 2 . . . . ATTACHMENT 3 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan #: 40M-2213 Result of Part Lot Control Exemption on Unit Type & Number By-law: Lots Affected Unit Type & Number Lot 26 , Semi-detached 2 No increase in units Lot 27 Semi-detached 2 No increase in units 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 59 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 62 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 Lot 67 Semi-detached 2 No increase in units TOTAL Units 38 No increase t);jj