HomeMy WebLinkAboutPD-142-98bN: PD-142-98
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THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON
REPORT
Meeting:
Date:
General Purpose and Administration Committee
File # _ , DeJ. ~/`~ .O(v~
Monday, December 7, 1998
Res. # ~(~ _ f~~ _~~-
Report #: PD-142-98 File #: DEb g
Subject:
By-law # J~~ -~~.7J
PART LOT CONTROL
APPLICANT: GAY FAMILY PARTNERSHIP
PART LOT 30, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
LOTS 1 TO 10, 40M-1931 - CALACHE AVENUE
FILE NO.: DEV 98-064
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 • THAT Report PD-142-98 be received;
2• THAT the request submitted by Gay Family Partnership for removal of Part Lot Control in
respect of Lots 1 to 10, inclusive on Plan 40M-1839 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, R.S.O. 1990, as
amended; and,
4• THAT all interested parties listed in this report and any delegation be advised of Council's
decision.
1• BACKGROUND
1.1 Subdivision application 18T-88060 was draft in September 1996, for a total of 41 units.
The 41 units are composed of 20 semi-detached link lots (40 units) and one, 15.0 m
frontage single family dwelling lot. Registered Plan of Subdivision 40M-1939 represents
phase one (1) of draft approved subdivision 18T-88060. The applicant has constructed
the extension of both Avondale Drive and Caleche Avenue, as well as the portion of
Maplefield Drive connecting the two streets. Phase one, 40M-1939, provides the westerly
ey3
~" v REPORT PD-142-98
PAGE 2
extension to Caleche Avenue, which was commenced through the development of the
Courtice Crossing subdivision to the east (See Attachment No. 1)
1.2 Approval of the Part Lot Control application allows Lots 1 to 10 of Plan 40M-1939 to be
divided into twenty (20) lots, for semi-detached/linked dwelling units as contemplated
through the draft approval of 18T-88060. Approval of the part lot control allows the
developer to transfer title of the property to perspective purchasers of the individual semi-
detached/linked units.
1.3 For the Committee's information, it is noted that there is an existing agreement in place
to cover the Municipality's financial interest, including payment development charges.
2. STAFF COMMENTS
2.1 Staff has no objection to the approval of a By-law exempting the subject lands from
Part Lot Control. Pursuant to the provisions of Section 50(7) of the Planning Act,
attached hereto is a By-law to exempt the subject lands from Section 50(5) of the
Planning Act. The Part Lot Control By-law requires the approval of Council and the
Regional Municipality of Durham.
2.2 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 Council to adopt a second By-law to restore Part Lot Control on the
subject lands. The Planning Act allows Municipalities 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 December 14, 2003.
b '7 ~
REPORT PD-142-98
3. RECOMENDATIONS
PAGE3
3.1 Staff recommends that Council approve the attached Part Lot Control By-law allowing
the creation of twenty (20) semi-detached/linked units.
Respectfully submitted,
~~~-~
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning & Development
CP*LDT*FW*cc
November 24, 1998
Attachment No. 1 - Key Map
Attachment No. 2 - Proposed By-law
Reviewed by,
~~- ~w
Chief Administrative Officer
Interested parties to be notified of Council and Committee's decision:
Gay Family Partnership
c/o Ron Worboy
153 Simcoe Street North
Oshawa, Ontario
L1G 4S6
b75
ATTACHMENT N0.1
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ATTACHMENT NO. 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-1939 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 10, inclusive on Plan 40M-1939
registered at the Land Titles Division of Durham.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enactr 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 10, inclusive on Registered Plan 40M-1939.
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 December 14, 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
0717