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HomeMy WebLinkAboutPD-21-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN:DEV98008.GPA REPORT Meeting: General Purpose and Administration Committee File # ~i4 ~-~~ ~~~ ~ ~ Date: Monday, February 16, 1998 Res. #~%~~I~ ~9(r ~~ Report #: PD-21-98 File REV 98-008 By-law # `~-~8 Subject: REMOVAL OF PART LOT CONTROL -GREEN MARTIN HOLDINGS LTD. PART LOT 17, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 98-008 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-21-98 be received; 2. THAT the request submitted by Green Martin Holdings Ltd. for removal of Part Lot Control with respect to Lots 60 to 63, Blocks 71 to 84 all inclusive, on Plan 40M- 1904 and Lots 1, 2, 17 to 22, 26 to 33 all inclusive and Blocks 63, 64 on Plan 40M-1907 be APPROVED. 3. THAT the attached Part Lot Control By-law be APPROVED and forwarded to the Regional Municipality of Durham pursuant to Section 50(7) 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 The Green Martin Holdings Ltd. draft plan of subdivision (known as "Clarington Corners") located in Part Lot 17, Concession 1, in the former Township of Darlington has recently completed its first two Phases of registration (Plans 40M- 1904 and 40M-1907). 1.2 In February of 1998, staff received a request from Mr. Kelvin Whalen, on behalf of Green Martin Holdings Ltd. for the removal of part lot control in respect of various lots and blocks within the registered plan. 628 REPORT NO.: PD-21-98 PAGE 2 1.3 The removal of Part Lot control would facilitate the construction of eight (8) semi- detached dwelling units and sixty (60) street townhouse units in Plan 40M-1904 and thirty-two (32) semi-detached dwelling units in Plan 40M-1907. 1.4 For the Committee's information, since the Lots and Blocks 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 Staff have no objection to the approval of a By-law exempting the subject lands from Part Lot Control. 2.2 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. 2.3 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. After reviewing the application, staff have recommended that the By-law be in force for a five (5) year period following Council approval, ending on February 23, 2003. - 629 REPORT NO.: PD-21-98 Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development LT*FW*df 5 February 1998 Attachment #1 -Site Location Map Attachment #2 - By-law Reviewed by, PAGE 3 W.H. S ockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Green Martin Holdings Ltd. c/o 1029 McNicoll Avenue Scarborough, Ontario MiW 3W6 - 630 ATTACHMENT M1 LOT 17 ~ ~ ~ q Y NO I ? ~~ ~ 7 ~ ~ I 8 1 2 3 59 I ~_ 7 W ~ q 5 W 8 ~ 56~ 57~ 58 _- ' ~ ~~ V W 0 7 0 9 J 55 . -54 53 _~~ 10 W 11 ~ 52 51 ~ ~ r Q 8 2 12 ~ 13 ~ 14 m 49 1 47 ___-_- Q Q Z O (n 15 ~ ~ ~, e , ~~ 0l' °~~- Z ~_ W ~ `~ ' W ,0 ,~9 ~ hry y k ti Q DO eP V ,A ~ G~ ~ ~ O ~J o~ ti, ~S~F ^ry U 7 h tik 9 ~ O~'^ ,. ~ ti ~ ^~ ti ry1 Q~h~ ''~ ~ /"~l~n'i X10 n , l ti9 ~" ,y0 6a ~ bh~ / 6~ 0~ ~~ ~m m ~~ ~ ~ I~ e I ® LOTS AFFECTED BY PART LOT CONTROL 40M-1904 DEV. 98-008 631 (~^ i .1 . ~Y I a '! I I a ~ I i ~~ l~~ c g ? ~ I I ~ I h s I ~ I, ~ I i I ~ ~y~::= arm= I ~ x I 5 aF _ °~°""'~" lie dR ~~ beak 1 it". m ° _ \'a~g~~.~ ~ ', .„ ~t .1 ICI -- en {m m C~.w ~~ ~ y. ~a,a ~ ~ O • EAR ~~ . 3 1 ~ ~\ ~ ` _ y .° .a. f f ~. 4 ~ i5 ~~ _`^W . in tl ` . TN0.V C i v / \',~ S +-..,.di .. .+ 6' e'^ rr'~w ~ ` RRCcCc~`~~ .r , R r~`~ ~ way 1 1 Ifl ~m t 1I o T I '~ 1 ~ I I _ ~-_ ~ 9 s , ~ e, r°" w.m t~ g~ _~ I I s ~ _}_-_L-_~ _~-~ I $ zo ~ - ~ pp ~ ~ 23 : 1 ~ ~ e ~ ~) .~ ~ ~ 3T ~ .... Z i / ' ~' ~ II ~ ~ 0// /~ /~/N / rNe~ ~ NO'S 31. ~ ~ -"\ \ I k- ai ~ o /> / ~ ~ w / p 3 nay 's 30 - ~A ~ ~ ~ °3 r '"o ~ I \~ ~\ ~ /n i Z ~i ~ as l ae ~, ~ ~~~ \ ~ p ~ ~ ~ a a sS ,~ ar 9 ~ Y `~ $3, C / ~ 01', w 9P lay b ~/ ~\ e~~ ... / 2/ ~/ 4L / ~.~ ~~ ~'/~ ~ / ~l / :~ l ~,, / ~ ; x ~ I III ~ ~ ~ - ~ \ i \ ~ // / / rTT R R / / ~/ \ ' I ; ~ ;~ m I 0 ® LOTS AFFECTED BY PART LOT CONTROL 40M-1907 DEV. 98-008 632 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to designate a certain portion of Registered Plan 40M-1904 and Registered Plan 40M-1907 as not being subject to Part Lot Control. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lots 60 to 63, Block 71 to 84 all inclusive, in Plan 40M-1904 and Lots 1, 2, 17 to 22, 26 to 33, all inclusive and Block 63, 64 in Plan 40M-1907, registered at the Land Titles Division of Whitby. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 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 60 to 63, Blocks 71 to 84 all inclusive on Registered Plan 40M-1904, Municipality of Clarington, Regional Municipality of Durham. b) Lots 1, 2, 17 to 22, 26 to 33, all inclusive and Block 63, 64 in Plan 40M- 1907, Municipality of Clarington, Regional Municipality of Durham. 3. Pursuant to Subsection (7) of Section 50 of the Planning Act, this By-law shall be in force for a period of five (5) years ending on February 23, 2003. BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK 633