HomeMy WebLinkAboutPD-78-98DN: PD-78-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #~~~`~~`~ 98.03
Date: Monday, June 22, 1998 Res. #C-~C~1`~ - 37~--`~~
Report #: PD-78-98 FILE #: DEV 98-038 (X-REF: 40M-1907) By-law # ~- p
Subject: REMOVAL OF PART LOT CONTROL
APPLICANT: GREEN MARTIN HOLDINGS LTD.
PART LOT 17, CONC. 1, FORMER TOWNSHIP OF DARLINGTON
FILE NO.: DEV 98-038 (X-REF: 40m-1907)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-78-98 be received ;
2. THAT the request submitted by Green Martin Holdings Ltd. for removal of Part Lot
Control in respect to Block 62 on 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 (7.1) 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 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 The current application is requesting the passage of a Part Lot Control By-law for
Block 62 in Plan 40M-1907. Block 62 and Lot 11, located to the west of Block 62,
each have a frontage of 12.299 metres. The intention of the application, if approved,
69900
REPORT NO.: PD-78-98
PAGE2
is to permit the melding of the westerly portion of Block 62 with Lot 11 thereby
creating an 18 metre wide lot upon which a single family dwelling unit will be
constructed. The remainder of Block 62 would meld with the adjoining Block 61 to
the east, again creating an 18 metre wide lot upon which a single family dwelling unit
would be constructed. Through the approval of this application, the number of
dwelling units to be constructed will have reduced from three (3) to two (2).
1.3 For the Committee's information, since Block 62 is located in a registered plan of
subdivision, there is an existing agreement in place to cover the Municipality's
financial interest, including the payment of parkland dedication and development
charges.
2. STAFF COMMENTS
2.1 Staff have no objections to the approval of a By-law exempting the subject lands from
Part Lot Control. The Public Works Department in commenting indicated that they
would have no objections to the proposal, however noted any costs attributed to the
development as proposed are the responsibility of the Owner.
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. Aker reviewing the
X99009
REPORT NO.: PD-78-98
PAGE3
application, Staff have recommended that the By-law be in force for a two (2) year
period following Council approval, ending on June 29, 2000.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning & Development
Reviewed by,
/;~ ./t
W.H. Stockwell,
Chief Administrative Officer.
LDT*FW*cc
June 8, 1998
Attachment No. 1 - Site Plan Map
Attachment No. 2 - By-law
Interested parties to be notified of Council and Committee's decision:
Green Martin Holdings Ltd.
do 1029 McNicoll Avenue
Scarborough, Ontario
M1W 3W6
699010
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®BLOCK AFFECTED BY PART LOT CONTROL
DEV. 98-038
E99011
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER94-
being a By-I~w to designate a certain portion of 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, Block 62 on 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:
1. THAT Subsection (5) of Section SO of the Planning Act shall not apply to those lands
described in Paragraph 2 within the By-law.
2. THAT this By-laev 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) Block 62 on Plan 40M-1907, Municipality of Clarington, Regional
Municipality of Durham.
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in
force for a period of two (2) years ending on June 29, 2000.
BY-LAW read a first time this day of 1998.
ATTACHMENT2
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
699012