The URL can be used to link to this page

Home My WebLink AboutPSD-073-02 . ( ClfJI-!lJglon REPORT PLANNING SERVICES DEPARTMENT Meeting: Date: Report #: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, June 17, 2002 ujtj PSD-073-02 File: ZB.tS:2002-022 6tlJ-;2%-Od- By-law #: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: 1441660 ONTARIO INC. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-073-02 be received; 2. THAT the request for removal of Part Lot Control with respect to Lots 1 to 8 inclusive, 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, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Dav Cl . rome, M.C.I.P.,R.P.P. Directo , Planning Services BR*L T*DJC*df June 12,2002 Reviewed bYO ~ -::... ~ Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 F (905)623-0830 :REPORT NO.: PSD-073-02 PAGE 2 1.0 APPLICATION 1.1 Applicant: 1441660 Ontario Inc. (Ronald O'Connor) 1.2 Location: Part Lot 30, Concession 3, former Township of Darlington 56 to 70 Richfield Square, Courtice (Attachment 1) 2.0 BACKGROUND 2.1 On June 12, 2002, Staff received a request from 1441660 Ontario Inc. (Ronald O'Connor) for the removal of Part Lot Control with respect to Lots 1 to 8 inclusive on Plan 40M-1994 (Attachment 2). 2.2 Draft plan of Subdivision 18T-91005 received approval for fifty-three (53) townhouse and thirty-eight (38) semi-detached dwelling units. Registration of 40M- Plan 1994 was completed in March 2000. Traditionally when an Owner, for registration purposes, has the 40M-Plan prepared, street townhouse units are shown as a block rather than individual lots. Following the construction of the footings, surveys are completed, a reference plan is prepared illustrating the property lines and through the submission of an application to the Municipality for exemption to Part Lot Control, the legal description is finalized for registration purposes. 2.3 In this particular instance, when the 40M-Plan was prepared, the Owner instructed the surveyor to identify each townhouse unit on an individual lot rather than as a component of an overall block. During the construction of the townhouse units it was confirmed the units were improperly sited and overlapped the limits of their individual lots. 2.4 In order to correct the discrepancy in the legal description of each townhouse unit, an exemption from part lot control was submitted to recognize the minor adjustments to the property lines and provide for any maintenance easements that may be required. 69923 .REPORT NO.: PSD-073-02 PAGE 3 3.0 STAFF 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 3) to exempt the subject lands from Section 50 (5) of the Planning Act. 3.2 On October 1, 2001, the delegation of authority for Subdivision and Condominium approval, from Durham Region to the Municipality of Clarington, came into effect. The subdivision process includes the approval of Part Lot Control By-laws. Durham Region's role is now that of a commenting agency in this process. In accordance with the procedures established in the delegation of these powers, Planning staff will forward to the Regional Planning Department the "Unit Type and Number Summary Table" (Attachment 4), along with a copy of the Part Lot Control By-law. 3.3 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 one (1) year period following Council approval, ending June 24, 2003. 4.0 RECOMMENDATIONS 4.1 It is recommended that Council approve this application and adopt the attached Part Lot Control By-law for Lots 1 to 8 inclusive on Plan 40M-1994. Attachment 1 - Key Map Attachment 2 - Lots Affected by Part Lot Control Removal Attachment 3 - By-law for Removal of Part Lot Control Attachment 4 - Unit Type and Number Summary Table 69924 'REPORT NO.: PSD.073-02 PAGE 4 Interested parties to be notified of Council and Committee's decision: Mr. Ronald O'Connor 1419108 Ontario Inc. 2604 Trulls Road South Courtice, Ontario L 1 E 2N3 Mr. Richard Woodley Elliott & Hughes, Barristers & Solicitors 1 06 Stevenson Road South Oshawa, Ontario L 1J 5M1 69925 ~ \D ~~ Z Ul~ ..oru ~ru ~... v...Jo .........(J1 a 9 ,~ ..0:::; l>C -l>-~ .----J ~ >c N71'41'OO'E 0,300 CD o CD ..0 1 Z co co "" IlJ o o f-'" f-'" -f'>. o ~ ::C (J"\ CX) IlJ f-'" --...j ~ W -l>-CX) ~ '-.J (J\ 8 '-IN 8 0"> N (J\ 8 UlN (J\ 8 ~N 8 WN (J\ 8 nJN (J\ (J\ ~ o c;1---'- Ul 8,667~ 70020'40"[ ::I> AJ Courtlce Key Map 6.417 N63'48'10''W CD 8~ N 70'42'50' P ~ 31.235 W ~ 70'42'50' R7::: 31.139 @ (J\ 66 ~ 70'42'50' ::: z: 31.043 0 (J\ ~ 70'42'50' ~ g ~ 30,947 rf32\ ~ ~ 70'42'50' R7::: >c 30.851 t6(J\ ~ 70'42'50' B::: 30,755 Q (J\ 70'42'50' ~ g 30,659 @ c; 56 0 Ul o -- , -ij700 42'50"[ ::I> AJ ---I OlDS DR. w " I ~I GLENVI w RD. " 0 o o ~ W ::; ~ w Z <i > WESTMORE ST. :::0 (") :r: ., fTl rz: o (f) o zC>c f-'")> o '-q :::0 Co~ fTl (J"\ - of-'" o ~ ~ 20.000 ATTACHMENT 1 ru '.D co co "" IlJlJ (J"\r --...j::I> 2SZ RICHFIELD SQ. 28.423 C~~ 0"> ' W ru (J\ Ul o -l>- z: ru (J\(J\ - * w~ ~~ ~ - Ul o . fTl N 71' 32.401 ~ 31.004 61 70'42'50' E ~ ~ 31.000 g ~O'42'50' E ~ 57 31.000 g 0'42'50' E ~ I\) S 31.000 g ~UO'42'50' E --.J 0 31.000 ---, ~O'42'50' E E t;fZ1\ 31.079 R5 ~VO'42'50' E i ~ ..0 * ~ '-.J CD ~ ~ o '-.J . -l>- ZBA 2002-022 Part Lot Control Lots 1 to 8, Plan 40M-1994 Owner: 1419108 Ontario Inc. ,- i ~300 0,300 Ul 0"' '-D '-D1 co~ co o co ...0 ! Z ~ o o >--" >--" -1'>- o ~ r'l I t:j ~ ~~ -..,J w z ~ ~ ~co ....0 t-"'~ Z Ul~ ...or\! cor\! ~, <:) .........U1 0 0 ,~ ...0::: l~ -l>-~ ---' ~ ~ 71'41'00'E ~ is I '" ClC J>r'l -lCl 6.417 r'l/O N63'48'10'\.v' co J> 0Q\~ (/) N 70'42'50' ~ co (/);0 0' 31.235 Q68 9" (") ~ --....IN 70'42'50' ~g I 0' 31.139 Q 0' '1 ~ eJ'IN 70'42'50' ~ g z P 0' 31.043 Q 9" ::0 0 Z ~ UlN 70'42'50' ~ g ::5 ::0 ......... (f) ~ 9" 30.947 Q62 2:: ~ 0 j ~ +::'N 70'42'50' ~ g ~ C ~ 0' 30.851 Q60 9" z }> ~ 0"' ~ WN 70'42'50' ~ g ::D ;0 co 0' 30,755 Q 9" ~ ~ f'Tl ~ ~ ruN 70'42'50' ~ g ~j ~ 00 ~ >--> 30659 @ ~ ~ , 1 20.000 !70042/50H[ ---l Z ~ COn:!>;;o V~ 0 II IIII Z W~~O"' ~~~o nJW~o ~ ~CO ~ -...j ~ 8,667 -Q 0020'40'[ J> AJ ---l ~ ~ ATTACHMENT 2 ~co co _ ~ <:) . ~ N 71' 32.401 co ~ 31.004 ~ 61 -..,J -l>- 70' 42'50' E -1 ~ ~ 31.000 g ~0'42'50' E ~ 57 31.000 g 0'42'50' E 0' [\J Q 31.000 g ~~0'42'50' E ---J 53 31.000 ~ 0'42'50' E 0' ~ Q 31.079 ~ ~~0'42'50' E ;:0 9' ~ 31.584 d\ ffg WO'42'50' E c o. ~ 32.565 g ~ ~0'42'50' E 22.946 RICHFIELD SQ. CD '" o o '" ~--o O"'r "J> gz r\! 0' Ul <:) -l>- Z r\! 0'0' - , w~ .......... ..... - Ul <:) . rl 28.423 (]) eJ'I W D Lots Affected by Part Lot Control Lots 1 to 8, 40M-1994, ZBA 2002-022 69927 '" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2002-_ bein9 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 Clarington deems it advisable to exempt from Part Lot Control, Lots 1 to 8 inclusive, on Plan 40M-1994, registered at the Land Title Division of Whitby; 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 shali not apply to those lands described in para9raph 2 within the By-law; 2. That this By-law shall come into effect upon bein9 approved by the Municipality of Ciarin9ton and thereafter Subsection 5 of Section 50 shali cease to appiy to the following lands: a) Lots 1 to 8 inclusive, of 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 one (1) year ending on June 24, 2003. BY-LAW read a first time this 24th 2002 day of June BY.LAW read a second time this 24'h day of June 2002 BY-LAW read a third time and finally passed this 24th day of June 2002 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 69928 ATTACHMENT 3 ATTACHMENT .. TABLE 4 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 and Number Lots/Blocks Affected Unit Type and Number Lot 1 Townhouse - 1 No increase in units Townhouse - 1 No increase in units Townhouse - 1 No increase in units Townhouse - 1 No increase in units Townhouse - 1 No increase in units Townhouse - 1 No increase in units Townhouse - 1 No increase in units Townhouse - 1 No increase in units Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 69929 ATTACHMENT 4 Cl~glOn REPORT PLANNING SERVICES DEPARTMENT Meeting: Date: Report #: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, June 17, 2002 PSD-073-02 File: ZBA 2002-022 By-law #: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: 1441660 ONTARIO INC. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-073-02 be received; 2. THAT the request for removal of Part Lot Control with respect to Lots 1 to 8 inclusive, 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, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Davd . rome, M.C.I.P.,R.P.P. Directo , Planning Services BR*L T*DJC*df June 12, 2002 Reviewed bYO ~....:::., ~. Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARlNGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905)623-0830 REPORT NO.: PSD-073-02 PAGE 2 1.0 APPLICATION 1.1 Applicant: 1441660 Ontario Inc. (Ronald O'Connor) 1.2 Location: Part Lot 30, Concession 3, former Township of Darlington 56 to 70 Richfield Square, Courtice (Attachment 1) 2.0 BACKGROUND 2.1 On June 12, 2002, Staff received a request from 1441660 Ontario Inc. (Ronald O'Connor) for the removal of Part Lot Control with respect to Lots 1 to 8 inclusive on Plan 40M-1994 (Attachment 2). 2.2 Draft plan of Subdivision 18T-91005 received approval for fifty-three (53) townhouse and thirty-eight (38) semi-detached dwelling units. Registration of 40M- Plan 1994 was completed in March 2000. Traditionally when an Owner, for registration purposes, has the 40M-Plan prepared, street townhouse units are shown as a block rather than individual lots. Following the construction of the footings, surveys are completed, a reference plan is prepared illustrating the property lines and through the submission of an application to the Municipality for exemption to Part Lot Control, the legal description is finalized for registration purposes. 2.3 In this particular instance, when the 40M-Plan was prepared, the Owner instructed the surveyor to identify each townhouse unit on an individual lot rather than as a component of an overall block. During the construction of the townhouse units it was confirmed the units were improperly sited and overlapped the limits of their individual lots. 2.4 In order to correct the discrepancy in the legal description of each townhouse unit, an exemption from part lot control was submitted to recognize the minor adjustments to the property lines and provide for any maintenance easements that may be required. REPORT NO.: PSD-073-02 PAGE 3 3.0 STAFF 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 3) to exempt the subject lands from Section 50 (5) of the Planning Act. 3.2 On October 1, 2001, the delegation of authority for Subdivision and Condominium approval, from Durham Region to the Municipality of Clarington, came into effect. The subdivision process includes the approval of Part Lot Control By-laws. Durham Region's role is now that of a commenting agency in this process. In accordance with the procedures established in the delegation of these powers, Planning staff will forward to the Regional Planning Department the "Unit Type and Number Summary Table" (Attachment 4), along with a copy of the Part Lot Control By-law. 3.3 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 one (1) year period following Council approval, ending June 24, 2003. 4.0 RECOMMENDATIONS 4.1 It is recommended that Council approve this application and adopt the attached Part Lot Control By-law for Lots 1 to 8 inclusive on Plan 40M-1994. Attachment 1 - Key Map Attachment 2 - Lots Affected by Part Lot Control Removal Attachment 3 - By-law for Removal of Part Lot Control Attachment 4 - Unit Type and Number Summary Table REPORT NO.: PSD-073-02 PAGE 4 Interested parties to be notified of Council and Committee's decision: Mr. Ronald O'Connor 1419108 Ontario Inc. 2604 Trulls Road South Courtice, Ontario L 1 E 2N3 Mr. Richard Woodley Elliott & Hughes, Barristers & Solicitors 106 Stevenson Road South Oshawa. Ontario L 1J 5M1 ATTACHMENT 1 \D ~ , z ~ ~~ ~ \Dr\) oor\) Ul ~, 0 ru"D ~Ul 0 0 ru Ie; \D::: '.D (J\r = I = "J> ~ ~~ = = -.----JC; .". .". 6Z 0.300 C1C ~ J>1'l RICHFIELD SQ. 71'41'00'E -lCl 28.423 ~ 6.417 I'l /0 GD w CD N63' 48'10'\V J> z nJ ~ 00 r\) 0 ~ @~ (/) 0'0' .. --..J . >-> w~ >-> N 70'42'50' 00 (/) ;0 ~~ , ~ ' .p.. Ul 0' 31.235 @ 9' - 0 0 () r\) . CJ'> , ~ 0' fTl 0 '-J N 70'42'50' g I W ~ Ul :(: 0 0' 31.139 @ 0' " ~ S CJ'>N 70'42'50' 66 g z fTl 0' 31.043 8 0' ~ r z \D N 71' ~ UlN 70'42'50' 4 g . 0 0 ~ ~ 32.401 ~ --..J \D * 0' 30.947 @9' ~ ~ ~ 31.004 0 (/) --..J 00 ~ ...j::::.N 70'42'50' g . 61 0 0 ~ ~ ~ ~ 0 --..J . ~ 70'42'50' E 0' 30.851 @ 0' C ~ WN 70'42'50' 60 g ~)> ~ 0' ~ 31.000 (J\ 0 ~ ~ o~ ;0 0 CO 0' 30.755 @ 9' 0 0'42'50' E f\) ;... ruN 70'42'50' 8 g Co~ fTl 0' 57 31.000 >-> 0 (J\ , ~ -.....j ~ 0.... 0 0'42'50' E 30.659 0 0 ~ @~ , [\J@ 31.000 0 ~ 0' ~ 5 0'42'50' ~ ~ ~ 0 0 E Ul 0 -.J 53 31.000 8,667 -Q -- , 20.000 ~ 0* 42'50' E -M70.42'506[ 0' ~ ~ 31.079 70.20'406[ J> J> ru ~ 1 0*42'50' ;;0 ;;0 E -I Courtlce Key Map GLENVI w RD. " C> C> o ~ ~ w ~ ~ ~ ZBA 2002-022 Part Lot Control Lots 1 to 8, Plan 40M-1994 w " r ~I Owner: 1419108 Ontario Inc. WESTMORE ST, " Ul 0'> '.D '.D1 OJ_ 0,300 0.300 (X) o (X) -0 1 Z ru o o ..- ..- , ~ o ~ ~ - ~I.D -..J w 2 ..... _ _(X) I...D ~~ Z -Ul \.Dr\)..........f\) ....... "'v..JO .......Ul 0 <0 ,~ I...D::: l:E:: -""~ ~~ :E:: N71' 41'00'[ 0'> OJ [\) ..- -.,.J 6.417 N63' 48'10''vJ (X) r7Q\~ N 70'42'50' GJ (X) 0' 31.235 Q68 9' ~ --......IN 70'42'50' ~g 0' 31.139 Q 0' ~ O'>N 70'42'50' ~ g 2 0' 31.043 Q 9' ::0 ~ UlN 70'42'50' ~ g ~ 0' 30.947 Q62 9' ~ ~ ~N 70*42'50' ~g :E:: 0' 30.851 Q60 9' ~ WN 70'42'50' ~g 0' 30.755 ~ ruN 70'42'50' _ 30.659 @ C; ~ I-" 56 ~ o 0 Ul ..... ~(X) ..... -..J 8.667 --'=d 0020' 40'[ :D ;;0 -l ...... ~ ~700 4'2'50H[ i -l z r------J OJnJ>;;o "lJo-> 0 II II II Z W[\)[\)O'> [\)[\)[\)0 rUw~o f'l I t:::J :;::0 (") :r: ,., rr1 I 02 ..... -0 (j)~ 0...:: o C' z)>:E:: ~:;::o oor-n - ..- I . I OJ-....J 0'> ' 0"- o ~ ~ 20.000 ATIACHMENT 2 -(X) (X) _ ..... o . :E:: ~ g I -" C1C J>f'l -lCl f'l/O J> (/) (/) 22.946 RICHFIELD SQ. ru '"' = = -" ru-o O'>r ---.J:D gz 28.423 CID 0'> W I\J 9' Ul o -"" 2 I\J 0'0' - . w- -..... ..... - U1 o . fTl N 71' 32.401 (X) ~ 31.004 ..... 61 -..J -"" 70'42'50' E 9' Q 31.000 g ~O'42'50' [ ~ 57 31.000 g 0'42'50' E 0' [\J Q 31.000 g ~~0*42'50' E ---.J 53 31.000 ---, 0'42'50' E 0' ~ Q 31.079 ~ ~~0*42'50' E ;Q 9' Q 31.584 d:\ fg WO'42'50' E f; - ~ 32.565 g ~ ~O'42'50' E D Lots Affected by Part Lot Control Lots 1 to 8, 40M-1994, ZBA 2002-022 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW NUMBER 2002-_ bein9 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 Clarington deems it advisable to exempt from Part Lot Control. Lots 1 to 8 inclusive, on Plan 40M-1994, re9istered at the Land Titie Division of Whitby; 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 wnhin 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 inclusive, of 40M-1994; 3, Pursuant to Subsection 7.3 of Section 50 of the Planning Act. this By-law shall be in force for a period of one (1) year ending on June 24, 2003. BY-LAW read a first time this 24"' 2002 day of June BY-LAW read a second time this 24"' day of June 2002 BY-LAW read a third time and finally passed this 24"' day of June 2002 John Mutton, Mayor Patti L. Banie, Municipal Clerk ATTACHMENT: