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Home My WebLink AboutPSD-073-02 Addendum . . " UNFINISHED BUSINESS ClfJI#]gron REPORT PLANNING SERVICES DEPARTMENT Report #: COUNCIL Monday, June 24. 2002 ADDENDUM TO PSD-073-02 ))/1 File: ZBA 2002-022 -- By-law #: ,b);) ~//5 Meeting: Date: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: 1441660 ONTARIO INC. Recommendations: It is respectfully recommended to Council the following: 1. THAT Report PSD-073-02 be received for information; 2. THAT Addendum Report PSD-073-02 be received; 3. THAT the request for removal of Part Lot Control with respect to Lots 1 to 44 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 4. THAT prior to applicant's depositing the reference plans for Lots 9 to 44 on title, the Owner is to submit said plans for the review and approval of the Municipality; and, 5. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. a I ~. Crome, M.C.I.P.,R.P.P. Director, Planning Services BR*L T*DJC*df June 17, 2002 Reviewed byd ~ ~ c:n....-. Franklin Wu Chief Administrative Officer Submitted by: CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905)623-0830 ADDENDUM TO 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) and 80 to 154 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 Following the preparation of Staff Report PSD-073-02, it was brought to staffs attention on June 14th, 2002 that in addition to Lots 1 to 8, the builder/developer had a number of potential closings that were scheduled to occur during the summer months. These closings involved Lots 9 to 44 (Attachment 1 ). 2.3 The applicant subsequently submitted an application on June 14th, 2002 requesting the removal of Part Lot Control for Lots 9 to 44 on Plan 40M-1994. 2.4 Council at its General Purpose and Administration Committee Meeting held on June 17th, 2002 endorsed the following recommendation: "THAT Report PSD-073-02 be referred back to Staff. THAT Staff be directed to report back to Council on June 24th, 2002 on the possibility of including Lots 9 to 44 on Plan 40M-1994 within the proposed Part Lot Control By-law." 3.0 STAFF COMMENTS 3.1 Draft Plan of Subdivision 18T-91005 received approval for fifty-three (53) townhouse and thirty-eight (38) semi-detached dwelling units. Registration of 40M-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 . ADDENDUM TO REPORT NO.: PSD-073-02 PAGE 3 application to the Municipality for exemption to Part Lot Control, the legal description is finalized for registration purposes. 3.2 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 on Lots 1 to 8 it was confirmed the units were improperly sited and overlapped the limits of their individual lots. 3.3 In order to correct the discrepancy in the legal description of each townhouse unit on Lots 1 to 8, 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. 3.4 The reference plan illustrating the townhouse units on Lots 1 to 8 was provided by the applicant when the application for part lot control was filed. The lot frontages and areas of each lot comply with the requirements of the Municipality's Zoning By-law. 3.5 With respect to Lots 9 to 44, reference plans have not been submitted for review and approval confirming their compliance with the Municipality's Zoning By-law. Building permits to date have only been issued for Lots 19, 20 and 21. 3.6 In light of the potential closings indicated by the applicant, staff would have no objections to their amended request for removal of Part Lot Control for Lots 9 to 44 provided the applicant forwards to the Planning Services Department the reference plans, upon completion. These plans will be reviewed for compliance with the provisions of the Municipality's Zoning By-law before they are deposited on title. The recommendations contained within this report address this requirements. 3.7 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. . ADDENDUM TO REPORT NO.: PSD.073-02 PAGE 4 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. 3.8 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 44 inclusive on Plan 40M-1994. Attachment 1 - Key Map Attachment 2 - By-law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table Attachment 4 - Report PSD-073-02 ADDENDUM TO REPORT NO.: PSD-073-02 PAGE 5 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 . 14 02 2 RICHFIELD SQUARE " ,- D :- -< ti;j " 'Cl W'l 0:><: < "'oJ UI ..., 0.300 ,,.., N71'22'2(J'[ .... 17.700 ro ;Q .... ~ UI .... n C1\ z .... :I: ;; 0 ..., ~ ~ ..0 1"1 ,,~ ,- t::I ~ " ~~ RICHFIELD SQUARE . ~ C1~ ~ " t J>1"1 -<C1 1"1;Q J> ~ Vl Vl ~ ~ '" ~ 71' ". ..., . ~ '0'/.397 J '" Ii: lIi N73'c~'OO'E 11 59.612 .= or- :<l.., j!i ~CJ z m Courtlce Key Map Subject Site ZBA 2002-022 Part Lot Control Lots 1 to 44, Plan 40M-1994 Owner: 1419108 Ontario Inc. , . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2002-_ being 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 44 inclusive, on Plan 40M-1994, registered 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 within the By-law: 2. That this By-law shall come into effect upon bein9 approved by the Municipality of Clarin9ton and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Lots 1 to 44 inclusive, of40M-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 24th 2002 day of June BY-LAW read a second time this 24th 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 ATTACHMENT 2 ...' .. ATTACHMENT 3 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 Lots 1 to 44 1 Townhouse on each lot - No increase in units