HomeMy WebLinkAboutPD-102-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: PD- 102.97
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, July 7, 1997 Res.
Report #: PD- 102 -97 File #: DEV 97 -044 By -law #
Subject: EXEMPTION FROM PART LOT CONTROL APPLICATION - 921395 ONTARIO INC.
PART LOT 9, CONCESSION 2, FORMER TOWN OF BOWMANVILLE
(CORNER OF ELEPHANT HILL DRIVE AND IRELAND STREET)
FILE: DEV 97 -044
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 102 -97 be received;
2. THAT the request for removal of Part Lot Control in respect of Lot 1 on Plan 40M-
1668 and Block 96 on 1 OM -830 be APPROVED;
3. THAT the attached By -law be APPROVED and forwarded to the Regional
Municipality of Durham pursuant to Section 50 (7.1) of the Planning Act; and
4. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. BACKGROUND
1.1 Registered Plan of Subdivision 1OM -830 is located in Part Lot 9, Concession 2,
former Town of Bowmanville, while 40M -1688 is located completely within Part Lot
9, Concession 2, of the former Town of Bowmanville (Attachment No. 1).
1.2 A request for removal of Part Lot Control was received by 921395 Ontario Inc. c/o
Liza Homes on June 11, 1997. The application for Part Lot Control is to
reconfigure Lot 1 of 40M -1688 and Block 96 of 1 OM -830 to allow the development
of two 15 metre (50 ft.) minimum frontage single family dwelling lots.
699()71
REPORT NO. PD- 102 -97 PAGE 2
1.3 Block 96 is a triangular parcel of land which the applicant has purchased from
Schickedanz Bros. Limited. Lot 1 of 40M -1688 was part of the applicant's original
land holding and was draft approved with a condition that it develop in conjunction
with the adjacent Block 96. The reconfigured lots would be composed of Parts 1 and
4, and Parts 2 and 5, respectively, of the draft reference plan (see Attachment No. 2).
Part 3 is to be dedicated to the Municipality as road widening.
2. STAFF COMMENTS
2.1 The request for Part Lot Control has been reviewed with Public Works staff. They
have no objection to the application subject to a revised master grading plan being
submitted prior to issuance of any building permits. Furthermore, Part 3 of the draft
reference plan must be conveyed to the Municipality free and clear of all
encumbrances.
2.2 Planning staff have no objection to the approval of a by -law exempting from Part Lot
Control, Block 96 of 1 OM -830 and Lot 1 of 40M -1688. Attached 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, thereby allowing the proposed reconfiguration.
As per Section 50(7.1) of the Planning Act, this By -law requires the approval of the
Regional Municipality of Durham.
2.3 In accordance with the 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. As a
result, following the expiration of the By -law, it is not necessary for Staff to prepare
a second By -law to restore Part Lot Control to the subject lands. The Planning Act
allows the Municipality to determine an appropriate time frame during which the By-
law shall apply. After reviewing the application, Staff have recommended that the By-
law be in force for a three (3) year period following Council approval, ending July 7,
2000.
6990 72
REPORT NO. PD- 102 -97 PAGE 3
Respectfully submitted,
CJ
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
CP *FW *jip
June 17, 1997
Attachment # 1 -
Key Map
Attachment # 2 -
Lot Configuration
Attachment # 3 -
By -law
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
Mr. Daryl Hudgin
921395 Ontario Inc.
c/o Liza Development Corp.
30 Wertheim Court, Suite 9
Richmond Hill, Ontario
L4B 1 B9
4199 j
ATTACHMENT NO. 1
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699076
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 97-
being a By -law to designate a certain portion of Registered Plan 10M -830 and Registered Plan
40M -1668 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 96 on Plan 10M -830 and Lot 1 on Plan 40M-
1668 now both 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 this 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) Block 96 on Plan 10M -830 and Lot 1 on 40M -1668, 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 three (3) years ending on July 7, 2000.
BY -LAW read a first time this day of 1997.
BY -LAW read a second time this day of 1997.
BY -LAW read a third time and finally passed this day of 1997.
TO WNW :
CLERK
699077