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Home My WebLink AboutPSD-032-03 - .' T", Cl~-ilJgron REPORT PLANNING SERVICES Report #: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Gfi1-/35-0J By-Iaw#: ;z.co3-X Monday, March 24, 2003 Meeting: PSD-032-03 ])/i ZBA 2002/032 Date: File#: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: THE KAITLlN GROUP ON BEHALF OF 1064055 ONTARIO LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration. Committee recommend to Council the following: 1. THAT Report PSD-032-03 be received; 2. THAT the request for Removal of Part Lot Control with respect to Blocks 9, 10 and 11 inclusive on 40M-2125 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 and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Da id~. Crome, MclP, R.P.P. Dir or of Planning Services Reviewed by: d~~ Franklin Wu, Chief Administrative Officer L T*DJc*sh March 13, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 &50 , REPORT NO.: PSD-032-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: The Kaitlin Group on behalf of 1064055 Ontario Limited 1.2 Location: Part Lot 17, Concession 1, Darlington Township, 40M-2125 (Attachment 1) 2.0 BACKGROUND 2.1 Draft Plan of Subdivision 18T-90032 was given final approval March 12, 1996 and registered on title November 5,2002 under Plan 40M-2125. This plan consists of eight (8) lots for single detached dwelling units and fifteen (15) townhouse units. The application under consideration for the removal of Part Lot Control would apply to the three (3) townhouse blocks. 2.2 The request for the removal of Part Lot Control in respect of Blocks 9, 10 and 11 on 40M-2125 was submitted by The Kaitlin Group on behalf of 1064055 Ontario Limited. The removal of Part Lot Control will permit the sale of each unit following their construction. 3.0 STAFF COMMENTS 3.1 The removal of Part Lot Control will facilitate not only the sale of the individual townhouse units but the creation of a common driveway access to each townhouse unit from Green Road as contemplated for the draft approved plan of subdivision. 3.2 A condition of draft approval imposed by the Municipality required all fifteen (15) townhouse units fronting Green Road to obtain access to Green Road by way of a common driveway entrance onto Green Road. 3.3 The Subdivision Agreement contained appropriate clauses acknowledging that only one (1) common driveway entrance would be constructed for the purpose of restricting access to the three (3) townhouse blocks. 651 " REPORT NO.: PSD-032-03 PAGE 3 3.4 Additionally, the agreement required the following warning clause to be attached to all offers of purchase and sale of each townhouse unit on Blocks 9, 10 or 11: "Purchasers are advised that as the private driveways and the one (1) common driveway as shown on the approved Engineering Drawings to Blocks 9, 10 and 11 on Plan 18T-90032 are not municipal road allowances, the Municipality of clarington will not snow plough or maintain any private driveways or the common entrance driveway area off of Green Road". 3.5 The Planning Act permits the Municipality to determine the 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 March 31, 2005. 4.0 RECOMMENDATIONS 4.1 Staff has no objections to the approval of a by-law exempting the subject lands from Part Lot Control as provided for in the attached by-law (Attachment 2). 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: 1064055 Ontario Limited Regional Municipality of Durham c/o The Kaitlin Group Ltd. 1615 Dundas Street East 1029 McNicoll Ave 4th Floor Lang Tower Scarborough, Ontario P.O. Box 623 M1W 3W6 WHITBY, Ontario L1N 6A3 652 I CD 1 " .ce ~ro I ~~ ~~~ 1" ~: ~~:; --- - ~~ I ~~ ~i 54 : ~":; I ] ~~ ' ---rr=b _I 53 I v I " I~~I ~ g ----t~ I~ 52 I:~I I ~ --ll~.' II ~ " -. '" ;;; 34 I OJ 1 ~ ~ ~ -_-----j ~ I' ; I ~ I I I :J: I ~ I ~ I ~~ ,- I r- 36 ~ I 0 ~ I ~. " ;;- --- - ---j mi. I ~ I : : --_J ~I: 1 -I I .- ~~~ I I ~~ ~~~ 3-:---; ~u~ __~ CL_ I - I --I :):1 .35 37 38 ~O ~~ I I r 11 N72'l9':W"[ 32.026 N -FART I, N7Z'29",WT 32_0~ pm VJ N72"'29'30"l: 12_043 ~ "f72"29'3O'"1: ~_C~ -01---- N71'29'3O"( 32.0';0 PIIH8PLAN4OR_1806J :;U:k~(l TO EASEMENT A<; LT842802 . Ol ~-----w .- __0< -t P.^!H I, -d -.J . PtlRi9.PtAH40R.180{,6 S1.IllJF(TTC'OA$(ioolENTA$1N IT 842802 K7~30'"( 32.077 PIN 0:> 'm" LOT 5/ P/IV 26933 _ 0190 ---. -- .. I '0 I I 0 ~a; I I I.. c. ~~ . z ~ -CD ~r :0 .0 ,;>; : ""4OR 15697 -1 . '" -- I z '" ..: o '" o " Pt t.N 2 -933 nr N1Z"l9"3cn: ~ .CD ~O "0 ~ ^-== '0 I I~ NT2"29'3Q'"{: (j) " m m z . " . . 0 m_ .0 N )> '" g C ,. I I ~i I I 'm 1___ P[~ ~lOR~' ~:"- ~ ~ %> 0 __ ~..' ~ (') ... 2 33-~^- 002/ =r ___ 0= -0.75.2 ~~ . > e o . ZBA 2002-032 Part Lot Control Blocks 9,10 and 11 40M-2125 Owner: 1064055 Ontario Inc. 65'> ATTACHMENT 1 o o OS:: ;os:: <:0 mz ~> -<g m en en ATTACHMENT 2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- being a By-law to exempt a certain portion of Registered Plan 40M-2125 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Block 9, 10 and 11 inclusive on 40M-2125; NOW THEREFORE BE IT RESOLVED 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) Blocks 9, 10 and 11 inclusive of 40M-2125. 3, Pursuant to Subsection 7,3 of Section 50 of the Planning Act, this By-law shall be in force for a period of two (2) years ending on March 32, 2005 BY-LAW read a first time this day of 2003 BY-LAW read a second time this day of 2003 BY-LAW read a third time and finally passed this day of 2003 John Mullon, Mayor Palli L. Barrie, Municipal Clerk. 654 ATTACHMENT 3 PART LOT CONTROL EXEMPTION BY.LAW UNIT TYPE AND NUMBER SUMMARY TABLE Results of Part Lot Control Exemption on Unit Type and Number ~~gJsteredPlao:.. 4.0M-2125 .. ......... ......... ...;<::.:.:..:.:.:: 13yHa",,:ZBA 2()02-O32 .. : .......::..:. Blocks Lots Unit Type (NutTIber ....... : .. .!: .. Affected .. ... .... ....... Unit 1 Townhouse Unit No Change Unit 2 Townhouse Unit No Change Block 9 Unit 3 Townhouse Unit No Change Unit4 Townhouse Unit No Change Unit 5 Townhouse Unit No Change Unit 1 Townhouse Unit No Change Unit2 Townhouse Unit No Change Block 10 Unit3 Townhouse Unit No Change Unit 4 Townhouse Unit No Change Unit 5 Townhouse Unit No Change Unit 1 Townhouse Unit No Change Unit 2 Townhouse Unit No Change Block 11 Unit 3 Townhouse Unit No Change Unit4 Townhouse Unit No Change Unit 5 Townhouse Unit No Change Total 15 Units No Change 655