HomeMy WebLinkAboutPSD-050-01
Cl~gton
REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, December 3, 2001 ])/~ Resolution #:(;(Jft-Sr,~-D I
Report #: PSD-050-01 File: ZBA 2001-023 By-law #: !)()() 1- () J J
Subject:
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT - 1419108 ONTARIO INC.
PART LOT 30, 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-050-01 be received;
2. THAT the request for removal of Part Lot Control with respect to Lots 64 to 72
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:
D id . Crome, M.C.I.P.,R.P.P.
Director, Planning Services
Reviewed bQ h~_c:..C~
Franklin Wu
Chief Administrative Officer
BR*L T*DJC*sh
November 23, 2001
658
REPORT NO.: PSD-050-01
Page 2
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1.0 APPLICATION
1 .1 Applicant:
1419108 Ontario Inc. (Ronald O'Connor)
1.2 Location:
Part Lot 30, Concession 3, former Township of Darlington
45 to 61 Richfield Square, Courtice (Attachment 1)
2.0 BACKGROUND
2.1 On November 8, 2001, Staff received a request from 1419108 Ontario Inc. (Ronald
O'Connor) for the removal of Part Lot Control with respect to Lots 64 to 72 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 plan
of subdivision 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
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.
659
REPORT NO.: PSD-050-01
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 December
10,2002.
4.0 RECOMMENDATIONS
4.1 It is recommended that Council approve this application and adopt the attached
Part Lot Control By-law for Lots 64 to 72 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
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
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905)623-0830
660
ATTACHMENT '1
_SUBJECT SITE
45-61 RICHFIELD SQUARE, COURTICE
LOT 31 LOT 30
STREET
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COURTICE
KEY MAP
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BLOCK 73
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IZZ:] LOTS AFFECTED BY PART LOT CONTROL
Lots 64 to 72 incl., 40M-1994, ZBA.2001-023
662
.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER2001-
being a by-law to exempt a certain portion of Registered Plan 40M-1994 from
Pa rt Lot Control
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to exempt from Part Lot Control, Lots 64 to 72 inclusive, on Plan 40M-1994.
registered at the Land Tille 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 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 64 to 72 inclusvie, 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 December 10. 2002.
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 Mutton, Mayor
I
Patti L. Barrie, Municipal Clerk
663
ATTACHMEjNT 3
ATTACHMENT 4
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 & Number
Lots/Blocks Affected Unit Type & Number
Lot 64 Townhouse - 1 No increase in units
Lot 65 Townhouse - 1 No increase in units
Lot 66 Townhouse - 1 No increase in units
Lot 67 Townhouse - 1 No increase in units
Lot 68 Townhouse - 1 No increase in units
Lot 69 Townhouse - 1 No increase in units
Lot 70 Townhouse - 1 No increase in units
Lot 71 Townhouse - 1 No increase in units
Lot 72 Townhouse - 1 No increase in units
664