HomeMy WebLinkAboutPSD-121-05
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REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 3, 2005
Report #:
PSD-121-05
File #: ZBA-2005-045
PeG*' IlfIJ. 38 6--6S
By-law #b200S-/QS-
Subject:
APPLICATION FOR REMOVAL OF PART LOT CONTROL
OWNER: PRESTONV ALE HEIGHTS LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-121-05 be received;
2. THAT the request for removal of Part Lot Control with respect to Lot 121 on Registered
Plan 40M-1929, 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 vi . Crome, M.C.I.P., R.P.P.
Direc or of Planning Services
ReVieWedbY:O ~~
Franklin Wu,
Chief Administrative Officer
BMR/CP/DJC/lb
September 26, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-121-05 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant/Owner: Prestonvale Heights Ltd.
1.2 Agent: Sernas Associates
1.3 Location: Part Lot 34, Concession 2, Former Township of Darlington
40M-1929 Lot 121 (see Attachment 1)
2.0 BACKGROUND
2.1 On September 12, 2005, Staff received a request from Sernas Associates on behalf of
Prestonvale Heights Ltd. for the removal of Part Lot Control with respect to lot 121 on
Registered Plan 40M-1929.
2.2 Draft Plan of Subdivision 18T-95026 was approved for 167 single detached dwellings,
and 18 semi-detached dwelling units, and 47 townhouse units. Registration of Plan of
th
Subdivision 40M-1929 was completed on July 28, 1998. Building permits have been
issued for the majority of the subdivision. The removal of Part Lot Control would
facilitate the construction two linked dwelling units.
2.3 Lot 121 and Lot 122 had a temporary easement placed on them for a temporary turning
circle before Eastfield Crescent connected to Bloor Street. The easement was removed
upon completion of the intersection of Eastfield and Bloor Street.
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.
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 October
rd
3 2008.
REPORT NO.: PSD-121-05 PAGE 3
Attachments:
Attachment 1 - Site Location Key Map and Lands Affected by Part Lot Control Removal
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:
Walter Hugo, Sernas Associates
Edward Goldstein, Prestonvale Heights Ltd
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ZBA2005-045
Lands Affected By Part Lot Control
Lot 121, 40M-1929
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-______
being a By-law to exempt certain portions of Registered Plan 40M-1929
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to exempt from Part Lot Control Lot 121 on Registered Plan 40M-1929,
registered at the Land Registry Office for the Land Titles Division of Newcastle
;
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) Lot 121 on Registered Plan 40M-1929
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in
rd
force for a period of three (3) years ending on October 3, 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
Attachment #3
To Report #PSD-121-05
PART LOT CONTROL EXEMPTION BY-LAW
Unit Type and Number Summary Table
Registered Plan #: 40M-1929 By-law:
Lots Affected Unit Type & Number Result of Part Lot Control
Exemption on Unit Type & Number
Lot 122 Semi-Detached – 2
TOTAL Units – 2 Increase of Two Units