HomeMy WebLinkAboutPD-28-98THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN:DEV98007.GPA
REPORT
Meeting: General Purpose and Administration Committee File # .~~-~g.C~ 7.
Date: Monday, February 16, 1998 Res. #~ ~ -jG ~ `3~
Report #: PD-28-98 File #: DEV 98-007 By-law #_~
Subject: REMOVAL OF PART LOT CONTROL - SCHICKEDANZ BROS. LIMITED
PART LOT 9, CONCESSION 1, FORMER TOWN OF BOWMANVILLE
FILE: DEV 98-007
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-28-98 be received;
2. THAT the request submitted by Schickedanz Bros. Limited for removal of Part Lot
Control with respect to Lots 1 to 14 inclusive, in Plan 40M-1903, 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 registered Plan of Subdivision 40M-1903 is located in Part of Lot 9,
Concession 1, in the former Town of Bowmanville.
1.2 In February of 1998, Staff received a request from Schickedanz Bros. Limited for
the removal of Part Lot Control in respect of Lots 1 to 14 inclusive, on Registered
Plan of Subdivision 40M-1903.
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REPORT NO.: PD-28-98
PAGE 2
1.3 The removal of Part Lot Control would facilitate the construction of 28 semi-
detached dwelling units on the above noted lots. The process will enable the lots
to be divided and resurveyed after the dwelling foundations are in place.
1.4 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 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.
676
REPORT NO.: PD-28-98
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
LT*FW*df
2 February 1998
Attachment #1 -Site Location Map
Attachment #2 - By-law
Reviewed by,
W.H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
Schickedanz Bros. Limited
Suite 105
3311 Bayview Avenue
Willowdale, Ontario
M2K 1 G4
677
PAGE 3
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® LOTS AFFECTED BY PART LOT CONTROL
DEV. 98-007
40M-1903
678
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-
being a By-law to designate a certain portion of Registered Plan 40M-1903 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 1 to 14 inclusive, in Plan 40M-1903
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:
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 14 inclusive on Registered Plan 4DM-1903, 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
679