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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Report #:
PD-12-99
FILE #: ZBA 99-001
File # I.X2-. ,~T9'i3C47
Res. #GPr-t -55-99
By-law # 99-/7
,
Meeti ng:
General Purpose and Administration Committee
Date:
Monday, February 1, 1999
Subject:
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: GREEN-MARTIN HOLDINGS LTD. - 40M-1940
PART LOT 17, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON
FILE NO.: ZBA 99-001
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-12-99 be received;
2. THAT the request submitted by Green-Martin Holdings Ltd. for removal of part lot
control with respect to Lots 1 to 8 i ncl usive, Blocks 9, 11 and 12, and Blocks 18 to
23 inclusive, on Plan 40M-1940 be APPROVED;
3. THAT the attached Part Lot Control By-law be APPROVED and forwarded to
Durham Region pursuant to Section 50 (7) of the Planning Act, R.S.O. 1990, as
amended; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1. BACKGROUND.
1.1 Draft Plan of Subdivision 18T-88047 (HClarington CornersH) is located in Part Lot 17,
Concession 1, former Township of Darlington. Phase 1, Stage 1\1 of the draft Plan
was registered on October 27, 1998 as Plan 40M-1940.
1.2 On January 11,1999, Staff received an application from Green-Martin Holdings Ltd.
for the removal of part lot control in respect of Lots 1 to 8 inclusive, Blocks 9, 11
and 12 inclusive, and Blocks 18 to 23 inclusive on Plan 40M-1940.
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REPORT NO.: PD-12-99
PAGE 2
1.3 The removal of part lot control would facilitate the construction of semi-
detached/link and townhouse units by enabling the lots to be divided and re-
surveyed after dwelling foundations are in place. There is an existing agreement in
place to cover the Municipality's financial interest including the payment of
parkland dedication and lot development charges.
2. STAFF COMMENTS
2.1 Staff have no objection to the approval of a By-law exempting the subject lands
from part lot control. The attached By-law (see Attachment #2) is 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 The Planning Act permits the By-law to specify the timeframe during which it 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, After reviewing the application, Staff recommend that the By-law be in force
for a five (5) year period following Council approval, ending February 8, 2004.
Reviewed by,
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Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer.
. Crome, M.C.I.P., R.P.P.
Director of Planning & Development
BR*LT*DC*df
20 January 1999
Attachment #1 - Site Location Key Map
Attachment #2 - Part Lot Control By-law
Attachment #3 - Lots Affected by Part Lot Control
613
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REPORT NO.: PO.12.99
PAGE 3
Interested parties to be notified of Council and Committee's decision:
Kelvin Whalen
Vice-President, land Development
Green-Martin Holdings Ltd.
1029 McNicoll Avenue
SCARBOROUGH, Ontario
M1W 3W6
614
ATTACHMENT 111
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_ SUBJECT SITE
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LOT 17
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BOWMANVILLE
KEY MAP
ZBA. 99-001
I
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ATTACHMENT NO 2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY. LAW NUMBER 99-
being a By-law to designate a certain portion of Registered Plan 40M- 1940 as not
being subject to Part Lot Control
WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it
advisable to exemptfrom Part Lot Control, Lots 1 to 8 inclusive, Blocks 9, 11 and 12 , and
Blocks 18 to 23 inclusive, on Plan 40M-1940, registered at the Land Titles Division of
Durham.
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 1 to 8 inclusive, Blocks 9, 11 and 12, and Blocks 18 to 23 inclusive, on
Plan 40M- 1940, Municipality of Clarington, Regional Municipality of
Durham.
3. Pursuant to Subsection 7.1 of Section 50 of the Planning Act, this By-law shall be in
force for a period of five (5) years ending on February 8, 2004.
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
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ATTACHMENT #3
LOT 17
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CONCESSION 1
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lZ2J LOTS AFFECTED BY PART LOT CONTROL
40M-1940 , ZBA.99-001
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