HomeMy WebLinkAboutPSD-043-01
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REPORT
PLANNING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Resolution #-hfil-50-;;z. -() I
By-law #:~ 1- ~~
Date:
MONDAY, NOVEMBER 19, 2001 JJlt
PSD-043-01 File #: ZBA 2001-022
Report #:
Subject:
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT - DEVON DOWNS DEVELOPMENTS LTD.
PART LOT 31, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-043-01 be received;
2. THAT the request for removal of Part Lot Control with respect to Lots 1-7
inclusive, on 40M-2064 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.
Re~ewed by' ~
)..I F nR: in Wu
'0 Chief Administrative Officer
Submitted by:
David
Direc
. rome, M.C.I.P.,R.P.P.
, Planning Services
SA*L T*DJC*sn
November 12, 2001
642
..,
. REPORT NO.: PSD.()43.()1
PAGE 2
1.0 APPLICATION
1.1 Applicant: Devon Downs Developments Ltd.
1.2 Location: Part Lot 31, Concession 3, former Township of Darlington
(Attachment 1).
2.0 BACKGROUND
2.1 On October 23, 2001, Staff received a request from Devon Downs Developments
Ltd. for the removal of Part Lot Control with respect to Lots 1-7 inclusive and
Block 8 on 40M-2064 (see Attachment 2).
2.2 Draft Plan of Subdivision 40M-2064 received draft approval for seven (7) lots for
fourteen (14) semi-detached dwelling units. The removal of Part Lot Control
would facilitate the construction of semi-detached dwelling units on each of the
lots. The process will enable the lots to be divided and resurveyed after the
dwelling foundations are in place. The lots are in a registered plan of subdivision;
therefore, there is an existing agreement in place to cover the Municipality's
financial interest, including payment of parkland dedication and development
charges.
2.3 The applicant has filed the appropriate Land Division Applications to develop
Block 8 on 40M-2064 with the lands immediately to the south. As such the Part
Lot Control Application excluded Block 8.
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.
643
. REPORT NO.: PSD-043-01
PAGE 3
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, along with a copy of the Part Lot Control By-law
(Attachment 4).
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 three (3) year period following Council approval, ending
November 26, 2004.
4.0 RECOMMENDATIONS
4.1 It is recommended that Council approve this application and adopt the attached
Part Lot Control By-law for Lots 1-7 inclusive on Plan 40M-2064.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Lots Affected by Part Lot Control
Attachment 3 - By-law for Removal of Part Lot Control
Attachment 4 - Unit Type and Number Summary Table
Interested parties to be notified of Council and Committee's decision:
Devon Downs Developments Limited
319 College Avenue
P.O. Box 11
OSHAWA, Ontario
L 1 H 7K8
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
644
ATTACHMENT 1
_ SUBJECT SITE
LOT 31
LOT 30
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KEY MAP
ZBA. 2001-022
645
ATTACHMENT 2
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_ LOTS AFFECTED BY PART LOT CONTROL
Lots 1 to 7 incl., 40M-2064 , ZBA.2001-022
646
.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2001-
being a By-law to designate a certain portion of Registered Plan 40M-2064
as not being subject to Part Lot Control
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisabie to exempt from Part Lot Control, Lots 1-7 inclusive, of 40M-2064, registered
at the Land Title Division of Whitby;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enact 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 Regional
Municipality of Durham and thereafter Subsection 5 of Section 50 shall cease to
apply to the following lands:
a) Lots 1-Tinclusive, of 40M-2064.
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 November 26, 2004.
BY.LAW read a first time this
day of
2001
BY-LAW read a second time this
day of
2001
BY-LAW read a third time and finally passed this
day of
2001
John Mullon, Mayor
Palli L. Barrie, Municipal Clerk
6~7
ATTACHMENT 3
ATTACHMENT 4
TABLE 4
PART.LOT CONTROL EXEMPTION BY.LAW
Unit Type and Number Summary Table
Registered Plan # : 40M-2064
By-law:
Result of Part.Lot Control
6.0 APPROVED Exemption on Unit Type & Number
Lots/Blocks Affected Unit Type & Number
Lot 1 Semi-Detached - 2 No increase in units
Lot 2 Semi-Detached - 2 No increase in units
Lot 3 Semi-Detached - 2 No increase in units
Lot 4 Semi-Detached - 2 No increase in units
Lot 5 Semi-Detached - 2 No increase in units
Lot 6 Semi-Detached - 2 No increase in units
Lot 7 Semi-Detach ed- 2 No increase in units
648