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
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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.
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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
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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
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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
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