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HomeMy WebLinkAboutPD-144-98v~ DN: PD-144-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File #D14.~ _~,~.t~~C%~ Date: Monday, December 7, 1998 Res. #~-,F~~}~Q-'~~3~- `%S Report #: PD-144-98 File #: DEV 98-066 By-law # y`~~ Subject: PART LOT CONTROL -GREEN MARTIN HOLDINGS LTD. PART LOT 17, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON 40M-1816 AN D 18T-88046 FILE NO.: DEV 98-066 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-144-98 be received; 2. THAT the request submitted by Green Martin Holdings Ltd. for removal of Part Lot Control in respect of Lots 406 to 410, inclusive on Draft Plan of Subdivision 18T- 88046 and Blocks 91, 92 & 93 on Plan 40M-1816 be APPROVED; 3. THAT the attached Part Lot Control By-law pending registration of the 40M Plan be APPROVED and forwarded to the Regional Municipality of Durham pursuant to Section 50 (7) of the Planning Ad, R.S.O. 1990, as amended; and, 3. 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 is in the process of completing another phase of registration for draft Plan of Subdivision 18T-88046 699~~~~~6 °J REPORT PD-144-98 PAGE2 1.2 In November 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 a number of lots and blocks within this latest phase. Mr. Whalen requested Staff's assistance by forwarding the Part Lot Control By-law to the General Purpose and Administration Committee for their consideration before the 40M Plan is registered. This request was made in light of a number of closings that Green Martin Holdings Ltd. has scheduled for early December. Mr. Whalen indicated that the 40M Plan would be registered on title prior to Council's consideration of the Part Lot Control By-law. 1.3 Although a Staff Report is not normally scheduled for Committee and Council's consideration until the 40M Plan is registered on title, Staff has no objections, in light of the pending closings, to Committee's consideration of this report at this time. Staff would confirm that the Part Lot Control By-law will not be forwarded to Council for final approval until registration has been completed. 1.4 The removal of Part Lot Control would facilitate the construction of eight semi- detached dwelling units. 1.5 For the Committee's information, it is noted, 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. 699~u~ REPORT PD-144-98 PAGE 3 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 December 14, 2003. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., Director of Planning & Development LDT*FW*cc November 24, 1998 Attachment No. 1 - Site Location Map Attachment No. 2 - By-law ~ ~ _ ~9 ~, 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 M1W 3W6 6990~~8 `~'2J 1°~~\ P~~/6~ o~ 64 Q~269~P/ a4h QP /,L0 ~ ~Vo~, ~~ '°qRT q °` =°5 i~~3s ~.a~v 9 58 57 `~ ~ X191 03~ 9~ ~~R6A ~~5~~6'~~A~ O rL e26° M11 `P~R~ Pia WW ~ I \ ' O v. II~~ I ~ ~ '' W 12 9°g ~~n O ~6 ~ ~ o ~ V n fi-~s ~a-M V N I O 74 ~ ~$- sa O = ~ J °~ m a I m H °~2~~ Q 3 ~ 0 9~a~ a Ss ~~ _ ~ z6 °o°° ~ ~F ' 0 / \~o0~\m Q~~2MP a22'~~~ m ^~ ah ~ 02 ~~ V ~ ;o-~h ~h~~ ,~ W /2 .a~, ~ a 2e~269~0. ~~~ / N ~~ / \ / ° Z ~ / ~ / 72 Q ~ 60 \ ~ ~ T ~\ ~ ~ 6~ ~ r ~ ~ ~ ~ O 62 63 / ~ /2 o .o 699~~~~ SUBJECT SITE LOT 16 LOT 15 P~\F\G/ ~R~VE - p~~~~P~ ~ GS ~ , ~ , GA~~ ' P~ SPR1N r~~ ~ Q~~ _~ Z ~ ~ _ - w ~- ~ - ~ _- ~ ~,~~, ,, o ~ ~ ~ ~L 'L1 ~ , Z ~ ~o W _- - w w U ~ ~ '~ Z 1,~ p ~ U ~~; AIL -J ~ ~ ~ / i ~~ ~ ~~ BASELINE ROAD I~, ~ BOKEY MAP LE DEV. 98_pgg Y 6Q9u~u f THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 94- being a By-law to designate a certain portion of Registered Plan 40M- and Registered Plan 40M-1816 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 22 and 23 and Blocks 24, 25, 26 all inclusive on Plan 40M- and Blocks 91, 92 and 93 on Plan 40M-1816, 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: 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-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 22 and 23 ,Blocks 24, 25, 26, all inclusive on Registered Plan 40M- Municipality of Clarington, Regional Municipality of Durham. b) Blocks 91, 92, 93 on Plan 40M-1816, 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 December 14, 2003. BY-LAW read a first time this day of 1 ggg BY-LAW read a second time this day of 1 ggg, BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK ~a~u~~