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HomeMy WebLinkAboutPSD-145-05 CJ!Jlpn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 5, 2005 Report #: PSD-145-05 File #: ZBA 2005-052 By-law #:.~ C C S . R,~O\ E; PA-l/,C;q. 0 ~ Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL OWNER: MAPLE WOODS LAND CORP. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-145-05 be received; 2. THAT the request for removal of Part Lot Control with respect to Lots 16 and 24 inclusive on Registered Plan 40M-2265 and Lots 1 to 9 inclusive, Lots 12 to 17 inclusive and Lots 19 to 25 inclusive on Registered Plan 40M-2278, 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 vid . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed bYO~~---tszc Franklin Wu, Chief Administrative Officer BMR*CP*DJC*lw*df November 28, 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-14S-0S PAGE 2 1.0 1.1 1.2 1.3 2.0 2.1 2.2 2.3 3.0 3.1 3.2 4.0 4.1 APPLICATION DETAILS Owner: Applicant: Location: Maple Woods Land Corp. George Smith Real Estate Law. Part Lots 13 and 14, Concession 2, former Town of Bowmanville, Plans 40M-2265 and 40M-2278 (Attachment 1). BACKGROUND On September 22,2005, Staff received a request from George Smith Real Estate Law for the removal of Part Lot Control with respect to lots 16 and 24 on Registered Plan 40M- 2265. Draft Plan of Subdivision 18T -87085 received draft plan approval for 25 single detached dwellings, and 24 semi-detached dwelling lots (48 units). Registration of Phase I, 40M- 2265 was completed on August 19th, 2005. The removal of Part Lot Control would facilitate the construction of four linked dwelling units. Lots 16 and 24 are the only lots approved as semi-detached homes within Phase I. The application for Exemption from Part Lot Control was revised in October to include the Phase II lands. Phase II is comprised of three (3) single detached dwellings and 22 lots for semi-detached or link dwellings. Plan 40M-2278 was registered on October 28, 2005. The removal of Part Lot Control for Phase II would facilitate the construction of 44 linked dwelling units. COMMENTS 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. 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. RECOMMENDATIONS 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 December 5th, 2008. REPORT NO.: PSD-14S-0S 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: Diana Chambers, George Smith Real Estate Law Hannu Halminen, Maple Woods Land Corp. Regional Municipality of Durham Planning Department Attachment 1 To Report PSD-145-05 L o T L 0 T 4 J c o Bowmanville Key Map v~ L-- ZBA 2005-0052 Lands Affected By Part Lot Control r----, '- _ _ ...J 40M-2265 40M-2278 C::J Owner: Maple Woods Land Corporation 3 '" "' '" o z "' '" "' Attachment 2 To Report PSD-145-05 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- being a By-law to exempt certain portions of Registered Plan 40M-2265 WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control Lots 16 and 24 on Registered Plan 40M-2265, 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) Lots 16 and 24 on Registered Plan 40M-2265 b) Lots 1 to 9, Lots 12 to 17, and Lots 19 to 25 on Registered Plan 40M-2278 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 December 5th, 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-145-05 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table REGISTERED PLAN.#40M-2265 LotS Affected Unit Type and Number ~e$t."fofPart Lo~Col'ltrol Exempti()rl.0n Unit TVDe and Number Lot 1 6 Semi-Detached - 2 No increase Lot 24 Semi-Detached - 2 No increase TOTAL Units - 4 REGISTERED PLAN. #40M-2278 Lots Affected Unit Type and Number Result of PartLofControl~xemption .on Unit TV De and Number Lot 1 Semi-Detached - 2 No increase Lot 2 Semi-Detached - 2 No increase Lot 3 Semi-Detached - 2 No increase Lot 4 Semi-Detached - 2 No increase Lot 5 Semi-Detached - 2 No increase Lot 6 Semi-Detached - 2 No increase Lot 7 Semi-Detached - 2 No increase Lot 8 Semi-Detached - 2 No increase Lot 9 Semi-Detached - 2 No increase Lot 12 Semi-Detached - 2 No increase Lot 13 Semi-Detached - 2 No increase Lot 14 Semi-Detached - 2 No increase Lot 15 Semi-Detached - 2 No increase Lot 16 Semi-Detached - 2 No increase Lot 17 Semi-Detached - 2 No increase Lot 19 Semi-Detached - 2 No increase Lot 20 Semi-Detached - 2 No increase Lot 21 Semi-Detached - 2 No increase Lot 22 Semi-Detached - 2 No increase Lot 23 Semi-Detached - 2 No increase Lot 24 Semi-Detached - 2 No increase Lot 25 Semi-Detached - 2 No increase TOTAL Units - 44