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HomeMy WebLinkAboutPD-110-99 ~ ot. . . " THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT File# PI1.:WIlQ1-{)3'1 Res. # &Iff -tft./r -1 f By-law #[1'-/17. Meeting: General Purpose and Administration Committee Date: Monday, October 4, 1999 Report #: PD-II0-99 FILE #: ZBA 99-034 Subject: REMOVAL OF PART LOT CONTROL (40M-1976) APPLICANT: CLARNEW DEVELOPMENTS PART LOT 27, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE FILE: ZBA 99-034 (X-REF: 18T-88061) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-IIO-99 be received; 2. THAT the request for removal of Part Lot Control in respect of Lots 19 to 40, and Blocks 60 to 67 on 40M-1976 be APPROVED. 3. THAT the attached By-law be APPROVED and forwarded to the Regional Municipality of Durham pursuant to Section 50(7.1) of the Planning Act; and 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. BACKGROUND 1.1 In September of 1999, Staff received a request from Clarnew Developments Inc. for the removal of Part Lot Control in respect to Lots 19 to 40 inclusive and Blocks 60 to 67 inclusive, on Registered Plan 40M-1976. These lots are located in Part of Lot 27, concession 1, former Village of Newcastle fronting on the future Bridges Drive and Shipley Avenue. 1.2 The removal of Part Lot Control would facilitate the construction of semi-detached dwelling units on the above-noted lots and single detached units on the above noted blocks. The process will enable the lots and blocks to be divided and resurveyed after the dwelling foundations are in place. The blocks were draft approved for 34 street 609 , , REPORT NO.: PO-110-99 PAGE 2 townhouses but the applicant wishes to proceed with 12 single detached units and a semi- detached units on those lands. 1.3 For the Committee's information, since the lots are located in a registered plan of subdivision, there is an existing agreement in place to cover the Municipality's financial interest, including payment of parkland dedication and development charges. 2. STAFF COMMENTS 2.1 Staffhas no objection to the approval ofa By-law exempting the subject lands from Part Lot Control. Attached hereto is a By-law to exempt the subject lands from Section 50(5} of the Planning Act pursuant to the provisions of Section 50(7} of the Planning Act. The Part Lot Control By-law requires the approval of Council and the Regional Municipality of Durham. 2.2 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 time frame during which the By-law shall apply. After reviewing the application, staff has recommended that the By-law be in force for a three (3) year period following Council approval, ending on October 12, 2002. 610 REPORT NO.: PD.ll()..99 PAGE 3 Respectfully submitted, Reviewed by, . rome, M.C.I.P., R.P.P. of Planning & Development o~~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. SL *DC*df 24 September 1999 Attachment No. I - Key Map Attachment No.2 - Lots Affected by Part Lot Control Map Attachment No.3 - By-law Interested parties to be notified of Council and Committee's decision: Clarnew Developments Inc. 3845 Bathurst Street, Suite 103 DOWNSVIEW, Ontario M3H 3N2 D.G. Biddle and Associates 96 King Street East OSHA W A, Ontario LlH 1B6 611 - JililJlilll ~ ~ Lml ~ ~ ~ SUBJECT SITE LOT 27 ~ING I~TR~E;f LOT 26 \EA?TI "'-1111111111111 O::w ~> - 1-- ::)0:: UO 0:: Ww ~> 0::- <(0:: IO VE (f) o \ \ 'n ~-- HIGHWAY 401 NEWCASTLE VILLAGE KEY MAP ZBA.99-034 oi2 ..-- z o (f) (f) W U Z o U I C- . 0:::: e- o e- O:::: W e- ---1 ~ e- ::) 0 e- - e- 1 2 i 3 4 5 " i w EDWARD I ! I I I 5958575655:IT15150 l . 0:::: o 0:::: W ~ 0:::: <( :r: 6 7 I I ! , , 819110 111213 14 1516 :17 18 STREET EAST 49 48147464;444342 41 . ~m;~tl~~H~~}~~u~S~~~ ~0!0i!~ o .."i.,.".,.,.,'.,'.'.'.'.'.'i.' ..'.'.'.'i.'.'.'.'.'.'.",:.:.:i'. 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(IIIII' LOTS AFFECTED BY PART LOT CONTROL 40M-1976, ZBA.99-034 01) , r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 99- being a By-law to designate a certain portion of Registered Plan 40M-1976 as not being subject to Part Lot Control WHEREAS the Council of the Corporation of the Municipality ofClarington deems it advisable to exempt from Part Lot Control, Lots 19-40 inclusive, and Blocks 60 to 67 inclusive, of 40M- 1976 registered at the Land Titles Division of Whitby. NOW THEREFORE BE IT RESOLVED THAT the Council ofthe Corporation of the Municipality of Clarington enacts as follows: 1. THAT Subsection (5) of Section 50 ofthe Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. THAT this By-law shaII 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 19-40 inclusive and Blocks 60 to 67 inclusive on Registered Plan 4OM-1976. 3. Pursuant to Subsection (7) of Section 50 of the Planning Act, this By-law shall be in force for a period oftbree (3) years ending on October 12,2002. BY-LAW read a first time this day of 1999. BY-LAW read a second time this day of 1999. BY-LAW read a third time and finally passed this day of 1999. MAYOR CLERK 0;4