HomeMy WebLinkAboutPD-115-98DN: PD-115-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File # ~D14.~e~. 9~S o5-7
Date:
Monday, October 5, 1998
Report #: PD-115-98 File #: 40M-1928
Res. #~~p1~ ~ 5~1-~~
By-law # ~-/ C.
Subject: REQUEST FOR REMOVAL OF PART LOT CONTROL
APPLICANT: W. E. ROTH CONSTRUCTION
PART LOT 31, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
REGISTERED PLAN 40M-1928
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following
1. THAT Report PD-115-98 be received;
2. THAT the request submitted by W. E. Roth Construction for the removal of Part Lot
Control with respect to Lots 5, 6, 10, 14 to 17, 21 to 25, and Blocks 29 to 34, all
inclusive, 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;
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1. BACKGROUND
1.1 The draft approved plan of subdivision 18T-89082 (40M-1928) is located in Part Lot
31, Concession 2, former Township of Darlington (Attachment No. 1);
1.2 In September of 1998, Staff received a request from W. E. Roth Construction for the
removal of part lot control in respect of Lots 5, 6, 10, 14 to 17, 21 to 25, and Blocks
29 to 34, all inclusive, on Registered Plan of Subdivision 40M-1928;
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REPORT NO.: PD-115-98
PAGE2
1.3 The Removal of Part Lot Control would facilitate the construction of 24 semi-
detached dwelling units on the lots, 23 townhouses on the Blocks, and 2 semi-
detached units on Block 34, once this block is joined with a block from the
neighbouring subdivision.
1.4 There is an existing agreement in place to cover the Municipality's financial interest
as all lots and blocks are within a registered plan of subdivision.
2. COMMENTS
2.1 Staff have no objection to the approval of a By-law exempting the subject lands from
Part Lot Control.
2.2 Attachment No. 2 is a By-law which has been prepared 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 time frame during which the By-law shall be in force. It is
not necessary for Staff to prepare a second by-law to restore Part Lot Control to 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 recommend that the By-law be in force fora 5 year period
following Council's approval, ending on October 13, 2003.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning & Development
IL*LDT*FW*cc
Reviewed by,
. S c well,
hief Administrative Officer
September 24, 1998
bL2
REPORT NO.: PD-115-98
PAGE3
Attachment No. 1 - Key Map
Attachment No. 2 - By-law
Interested parties to be notified of Council and Committee's decision:
W. E. Roth Construction
1500 Highway No. 2
Courtice, Ontario
L1 E 2T3
Mr. Alan Berk
650 King Street East
Suite 209
Oshawa, Ontario
L1H 1G5
- b~3
ATTACHMENT #E 1
® SUBJECT SITE
LOT 32 LOT 31 LOT 30 LOT 29
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COURTICE DEV. 98-057
KEY MAP
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ATTACHMENT N0.2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-
being a By-law to designate a certain portion of Registered Plan
40M-1928 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 5, 6, 1 Q 14 to 17, 21 to 25 and Blocks 29 to
34, all inclusive, on Plan 40M-1928 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 5, 6, 10, 14 to 17, 21 to 25 and Blocks 29 to 34, all inclusive on Plan
40M-1928, 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 (S) years ending on October 13, 2003.
BY-LAW read a first time this day of 1998.
BY-LAW read a second time this day oY 1998.
BY-LAW read a third time and finally passed this day of 1998.
MAYOR
CLERK
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