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HomeMy WebLinkAboutPSD-089-02 - ClYl-ilJgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE (;11)- ))-V-O;l- By-law #: JtJO;A. -I 3 .3 Report #: Monday, September 9, 2002 ])1 '-f PSD-089-02 File #: ZBA 2002-026 Date: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: STEPHEN PUSTIL ON BEHALF OF PENWEST DEVELOPMENT CORPORATION LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PSD-089-02 be received; 2. THAT the request for removal of Part Lot Control with respect to Lots 1-18 inclusive and Lot 42, on 40M-2094 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 delegation and the Regional Municipality of Durham Planning Department be advised of Council's decision, Submilled by: Davi , Crome, M.C.I.P"R.P.P. Director, Planning Services d~-..: (}.t\. Reviewed by: ~ Franklin Wu Chief Administrative Officer AWL T*DC*sh August 28, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 69919 REPORT NO.: PSD-089-02 PAGE 2 1.0 APPLICATION DETAILS 1 , 1 Applicant: Stephen Pustil on behalf of Penwest Development Corporation Limited, 1,2 Location: Part Lot 9, Concession 2, former Town of Bowmanville (Attachment 1), 2.0 BACKGROUND 2.1 Draft approved plan of subdivision 18T-97003 was given final approval and registered on title as plan of subdivision 40M-2094 on July 5th, 2002, This plan of subdivision consists of 19 lots for semi-detached dwellings (for a total of 38 units) and 27 lots for single detached dwellings, 2,2 On July 29, 2002, Staff received a request from Mr, Steve Pustil on behalf of Penwest Development Corporation Limited for the removal of Part Lot Control in respect of Lots 1 to 18 inclusive and Lot 42 on Plan 40M-2094, The removal of Part Lot Control will permit the construction of semi-detached dwellings on these lots, 2,3 Staff has circulated notice of this application to the Region of Durham Planning Department and the Clarington Engineering Services Department. At this time, no comments have been received; however, these agencies did not have concerns when the original plan was given draft approval. 3,0 STAFF COMMENTS 3,1 The removal of Part Lot control facilitates the creation of semi-detached lots as contemplated in the draft approval of the plan of subdivision, 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 period of three (3) years following Council approval, ending September 9, 2005, 69920 REPORT NO.: PSD-089-02 PAGE 3 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 to the Part Lot Control By-law, 4.0 RECOMMENDATIONS 4,1 Staff has no objection 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: Stephen Pustil Penwest Development Corporation Limited 390 Bay Street, Suite 1710 Toronto, Ontario M5H 2Y2 Sydney N, Conn Fogler, Rubinoff LLP Suite 4400, PO Box 95 Royal Trust Tower Toronto Dominion Centre Toronto, Ontario M5K 1 G8 69921 ATTACHMEINT 1 CONCESSION STREET EAST '" <I Il~. I-~ I I -=n ~ ~- II 0: c Z - II 0 CIl I ~ " Ir--I , I DADSON DRIVE -I'" ... - - - ~ W :J Z j ~ ~ ::;::: , c 0: ;:::::::::; ~ 1 2 3 4 5 6 7 8 9 ~ .. CIl Z 46 I 0: ...I DADSON DRIVE ~ u. 45 I W ::E 0: " 5 19 44 , a ! I l' CIl I to 18 17 16 15 14 13 Il! 11 10 / 43 ~ \ r. 't\ 1 ~. \ ~ 23 24 25 26 27 28 29 30 31 -I-J:- ~ Black 49 ". SQUIRE FLETCHER DRIVE I 4 "' 42 41 40 39 38 37 36 35 34 . I 33 32i I li!~ ~~ ~ 0 69922 ZBA 2002.Q26 Part Lot Control Lots 1 to 18 Incl. and Lot 42, Plan 40M-2094 Owner: Penwest Development - . , < THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY,LAW NO. 2002- being a By-law to exempt a certain portion of Registered Plan 40M-2094 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 1-18, Inclusive, and Lot 42 on 40M-2094, 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 shall not apply to those lands described in Paragraph 2 within the By-law 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 1-18, inclusive, and Lot 42 on 40M-2094. 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 September 9, 2005. 2. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act BY-LAW read a first time this day of 2002. BY,LAW read a second time this day of 2002. BY-LAW read a third time and finally passed this day of 2002. JOHN MUTTON MAYOR PATTI L. BARRIE MUNICIPAL CLERK 69923 ATTACHMENT 2 . . . PART LOT CONTROL EXEMPTION BY-LAW UNIT TYPE AND NUMBER SUMMARY TABLE Registered Plan: 40M-2094 ATTACHMENT 3 By-law: Result of Part Lot Control Exemption on Unit Type and Number Lots/Blocks Affected Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot 9 Lot 10 Lot 11 Lot 12 Lot 13 Lot 14 Lot 15 Lot 16 Lot 17 Lot 18 Lot 42 Total Unit Type (Number) Semi-Detached Dwelling (2) Semi-Detached Dwelling (2) Semi-Detached Dwelling (2) Semi-Detached Dwelling (2) Semi-Detached Dwelling (2) Semi-Detached Dwelling (2) Semi-Detached Dwelling (2) Semi-Detached Dwelling (2) Semi-Detached Dwelling (2) Semi-Detached Dwelling (2) Semi-Detached Dwelling (2) Semi-Detached Dwelling (2) Semi-Detached Dwelling (2) Semi-Detached Dwelling (2) Semi-Detached Dwelling (2) Semi-Detached Dwelling (2) Semi-Detached Dwelling (2) Semi-Detached Dwelling (2) Semi-Detached Dwelling (2) 38 Units 69924 Results No Change No Change No Change No Change No Change No Change No Change . No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change