HomeMy WebLinkAboutPSD-114-05
Clw:iggton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, September 19, 2005
Report #: PSD-114-05
File #: ZBA 2005-035
By-law #:
Subject:
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: 1189286 ONTARIO INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-114-05 be received;
2. THAT the request for removal of Part Lot Control with respect to Lots 58, 59, 61, 63,
and 73 to 81 inclusive on Plan 40M-2178 be APPROVED and that the attached Part Lot
Control By-law be passel pursuant to Section 50 (7.1) of the Planning Act;
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision; and
4. THAT a copy of this report be forwarded to the Region of Durham Planning Department.
Submitted by:
D v . Crome, M.C.I.P., R.P.P.
Director of Planning Services
R,,;'wed by<:J~~ Q
anklin Wu,
Chief Administrative Officer
TW/CPIDJC/df
31August 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-114-05 PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner: 1189286 Ontario Ltd.
1.2 Location: Lot 34, Concession 1, former Township of Darlington, 40M-2178
(Attachment 1)
2.0 BACKGROUND
2.1 On July 22, 2005, Staff received a request from 1189286 Ontario Ltd. for the removal of
Part Lot Control with respect to Lots 58, 59, 61, 63, and 73 to 81 inclusive on Plan 40M-
2178.
2.2 Draft Plan of Subdivision 18T-95023 received approval for one hundred and fourteen
(114) semi-detached dwelling units. Registration of plan of Subdivision 40M-2178,
which is Phase 1 of the Draft Approved plan, included fifteen (15) semi-detached link
lots for thirty (30) dwellings in November, 2003. The removal of Part Lot would facilitate
the construction of twenty-six (26) of those approved dwelling units. Part Lot Control
has previously been lifted for the remaining four (4) semi-detached units.
3.0 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 2) to exempt the subject lands from
Section 50 (5) of the Planning Act.
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 of the Part Lot Control By-law.
3.3 The Finance Department has indicated that the tax payments are up to date for the
subject properties.
4.0 RECOMMENDATIONS
4.1 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may
provide a specified timeframe during which the By-law shall be in force. As a result, it is
not necessary for Staff to prepare a second By-law to restore Part Lot Control on the
subject lands. 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 September 26, 2008.
REPORT NO.: PSD-114-05 PAGE 3
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:
Gary Breda
REPORT NO.: PSD-114-05 INTERESTED PARTIES LIST
Address City Province Postal Code
Name Company
Gary Breda 250 Lesmill Road Toronto, ON M4B 2T5
1189286 Ontario Inc.
Attachment #3
To Report #PSD-114-05
PART-LOT CONTROL EXEMPTION BY-LAW
Registered Plan #: 40M-2178 By-law: ________
APPROVED
Result of Part-Lot Control
Lots/Blocks Affected Unit Type & Number
Exemption on Unit Type & Number
Lot 58 Semi-detached – 2 No increase in units
Lot 59 Semi-detached – 2 No increase in units
Lot 61 Semi-detached – 2 No increase in units
Lot 63 Semi-detached – 2 No increase in units
Lot 73 Semi-detached – 2 No increase in units
Lot 74 Semi-detached – 2 No increase in units
Lot 75 Semi-detached – 2 No increase in units
Lot 76 Semi-detached – 2 No increase in units
Lot 77 Semi-detached – 2 No increase in units
Lot 78 Semi-detached – 2 No increase in units
Lot 79 Semi-detached – 2 No increase in units
Lot 80 Semi-detached – 2 No increase in units
Lot 81 Semi-detached – 2 No increase in units
TOTAL Units – 28 No increase in units
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-______
being a By-law to exempt a certain portion of Registered Plan 40M-2178 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 58, 59, 61, 63, and 73 to 81 inclusive on Plan 40M-2178,
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, this By-law 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 58, 59, 61, 63, and 73 to 81 inclusive of Plan 40M-2178
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 26, 2008.
BY-LAW read a first time this day of 2005
BY-LAW read a second time this day of 2005
BY-LAW read a third time and finally passed this day of 2005
__________________________
John Mutton, Mayor
__________________________
Patti L. Barrie, Municipal Clerk