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HomeMy WebLinkAboutPSD-112-02 CJ~-/!]gton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 4, 2002 Y I c.f (; P /l- 'I){) . OA... PSD-112-02 File #: ZBA 2001-033 By-law #: ;to d-- - /7 ~ (X-Ref: 40M-2005) Report #: Subject: REMOVAL OF PART LOT CONTROL APPLICANT: GREEN MARTIN HOLDINGS LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-112-02 be received; 2. THAT the request for removal of Part Lot Control in respect of Lots 91, 93, 99, 101 to 109 and 112, all inclusive on Plan 40M-2005 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: Reviewed bd~ -:... ~ Franklin Wu Chief Administrative Officer aVI J. Creme, M.C.I.P.,R.P.P. Director, Planning Services L T*DC*df 23 October 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVllLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 622 REPORT NO.: PSD-112-02 PAGE 2 1.0 1.1 1.2 2.0 2.1 2.2 2.3 2.4 APPLICATION DETAILS Applicant: Location: Green Martin Holdings Ltd. Part of Lot 17, Concession 1, former Township of Darlington (Attachment 1) 40M-2005. BACKGROUND On August 24, 2000, staff received a request from Mr. Kelvin Whalen, on behalf of Green Martin Holdings Ltd., for the removal of Part Lot Control with respect to Lots 89 to 112, 114 and 115, all inclusive on Registered Plan 40M-2005. These lots are located in Part Lot 17, Concession 1, former Township of Darlington. Council, in considering the request, endorsed the recommendations contained within Staff Report PD-089-00 and approved the Part Lot Control By-law for Lots 89 to 112, 114 and 115, all inclusive on Registered Plan 40M-2005. The By-law itself contained a two (2) year period following Council's approval, ending on September 25th, 2002. By correspondence dated October lih, 2002, Mr. Whalen informed Planning Staff that not all transactions for which Part Lot Control was granted were completed before the Part Lot Control By-law expired on September 25th, 2002. Accordingly, on October lih, 2002, Mr. Whalen filed with the Municipality an application requesting approval of a Part Lot Control BY-law for Lots 91, 93, 99, 101 to 1 09 and 112, on Plan 40M-2005. 3.0 3.1 STAFF COMMENTS The removal of Part Lot Control would facilitate the creation of the semi-detached lots as contemplated in the draft approved plan of subdivision. The Planning Act leaves it to the Municipality to determine an appropriate limeframe during which the by-law shall apply. Staff would recommend in the circumstances that the By- 623 REPORT NO.: PSD-112-02 PAGE 3 law be in force for a further two year period following Council's approval, ending on November 11th, 2004. 3.2 Attachment 3 in 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 objections to the approval of the 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: The Kaitlin Group Ltd. 1029 McNicoll Avenue Scarborough, ON M1W 3W6 Regional Municipality of Durham Planning Department 4th Floor, Lang Tower, West Building P.O. Box 623 1615 Dundas Street East Whitby, ON L 1 N 6A3 624 ATTACHMENT 1 u I ~ Z o CD ZBA 2002-033 Part Lot Control Lots 91, 93, 101 to 109 Incl., and 112 Plan 40M-2005 Owner: Green-Martin Holdings Ltd 625 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2002- being a By-law to exempt a certain portion of Registered Plan 40M-2005 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 91,93,99,101 to 109 and 112 on 40M- 2005; 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) Lots 91, 93. 99, 101 to 109 and 112 on 40M-2005. 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 November 11th, 2004. 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 626 ATTACHMENT 2 .f ~ ATACHMENT 3 PART LOT CONTROL EXEMPTION BY-LAW UNIT TYPE AND NUMBER SUMMARY TABLE Registered Plan: 40M-2005 By-law: Part Lot Control Exemption By-law Unit Type and Number Summary Table .J.."'~J~~k~.'~fff'iidi,j,,;, Lot 91 Semi-Detached Dwelling (2) ;i~~h:\+,;f!Jttb."'i,L~';W~~4'iIi''''i~0il.im''!il "jiH'liii'lII1FJl[jj1 "",,"*""; "I' <!In, lIIl'ili; , ,"d;ml~lliitH...,.,,, ,J!!'I?I!'i,;"""",*,h .""k."'" .;.~ , No Change Lot 99 1111Iilll.ilIDI..~i,"i. Semi-Detached Dwelling (2) No Change Lot 1 02 Lot 1 04 Semi-Detached Dwelling (2) .1[~~.~I!III.~,~.llillf!llli~ Semi-Detached Dwelling (2) No Change '''''''/;"2+'''';''<'''''"%''''"~';''''''''iii!!l;'i'IW' ""I".' iiiilii:;iI~' """ii%id;)~"!"'''''!!iilil'' "S""m"cin,,~..t""""l.I"" """ "" li"clI~"" " !1j:j'i'jijh,~i',,,~l..~~~Li ......;,' 'i:'f7ff:!~ '.3..",,,,,...'<,,.'. .0''''',\.... '.,...o...o...o......,,\,. ,1',",ofiJ _.IT ,," L"",.,.. No Change Lot 1 06 Semi-Detached Dwelling (2) No Change ''''(~.,.,-''''''''.'''''Z'!0".... ,- "I!I-+'" ilTil'iP"1 iiil'Yiili' I' "'~.'iilllll' IT;lI" 'W" !jll>m -<~iii;""'=!I~I1!.." 'I." ," , ",,ill .. .,,,,n Il~~m~~L'I .. ,,,~,,L -,~,Jl~_'"," ':;'''o,,,,,,L i.. ,;", ,jl~~!':I~;i Lot 108 Semi-Detached Dwelling (2) ~",y" ~ililri.ll";l!ll""Y"'I~i"'il;~I/liI>!iiY;YI 11!~~Mlm',~<~~I,!~~lt,!"lI&itl!!~l!~~~hU!W No Change Lot 112 Semi-Detached Dwelling (2) No Change Total 26 Units No Change 627