HomeMy WebLinkAboutPD-048-01
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Date:
REPORT
General Purpose and Administration Committee File # 7)/ q 2I3flZoj-OII
Monday, May 7, 2001 Res. #6PIf-r2%-o /
Meeting:
Report #:
PD-048-01
File#: ZBA2001-011
By-law #rJ{Y?/- [5"3
Subject:
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT - CLARNEW DEVELOPMENTS INCORPORATED
PART LOTS 26 & 27, CONCESSION 1,
FORMER VILLAGE OF NEWCASTLE
FILE NO.: ZBA 2001-011
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-048-01 be received;
2. THAT the request for removal of Part Lot Control with respect to Lots 13-15, 51-53,
103-107, 110-113, 123-128, 130-133, Block 139 and Lots 70-72, inclusive, on 40M-2038
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(7.1) ofthe Planning Act; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant:
Clamew Developments Incorporated
1.2 Location:
Part Lots 26 & 27, Concession I, former Village of Newcastle
(Attachment No. I)
634
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REPORT PD-048-0l
PAGE 2
2. BACKGROUND
2.1 On April 6, 2001, Staff received a request from D.G. Biddle & Associates Limited on
behalf ofClamew Developments Inc. for the removal of Part Lot Control in respect to Lots
13-15,51-53, 103-107, 110-113, 123-128, 130-133, Block 139 and Lots 70-72, inclusive
(see Attachment No.2).
2.2 Draft Plan of Subdivision 18T-86013, of which Phase 2 has been registered as 40M-2038,
received draft approval for twenty-two (22) lots for forty-four (44) semi-detached dwelling
units. The removal of Part Lot Control would facilitate the construction of semi-detached
dwelling units on each of the lots (Lots 13-15, 51-53, 103-107, 110-113, 123-128, 130-
133, inclusive). The process will enable the lots to be divided and resurveyed after the
dwelling foundations are in place. The lots are in a registered plan of subdivision;
therefore, there is an existing agreement in place to cover the Municipality's financial
interest, including payment of parkland dedication and development charges.
2.3 The applicant has also requested that Part Lot Control be removed from Block 139 to
facilitate its addition to lots being created through the Land Division process on the
northerly abutting parcel.
2.4 The applicant additionally has requested that lots 70-72 inclusive also require removal
from Part Lot Control to afford a lot line adjustment. The applicant intends to merge Lots
70 and 71 and increase the frontage and area of Lot 72 by O.lm and 3.5 m2, respectfully.
At staff s request, the applicant provided a streetscape elevation showing the appearance
the adjustment in lot lines would create. The streetscape met with Planning Staffs
approval. The overall density of the subdivision will not be affected by the reduction of
one dwelling. Based on the above, staff has no objection to the lot line adjustment.
3. STAFF COMMENTS
3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part
Lot Control. 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 (see
635
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REPORT PD-048-01
PAGE 3
Attachment No.3). The Part Lot Control By-law requires the approval of Council and the
Regional Municipality of Durham.
4. RECOMMENDATIONS
4.1 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. Staff recommend that the By-law be in
force for a three (3) year period following Council approval, ending May 14, 2004.
Reviewed by,
cj L'Yi,-- (~-(Li1 '-
Franklin Wu, M.C.I.P., RP.P.
Chief Administrative Officer
SA **DJC*sn
30 April 2001
Attachment No. I
Attachment No.2
Attachment No.3
- Key Map
- Lots Affected by Part Lot Control
- By-law for Removal of Part Lot Control
Interested parties to be notified of Council and Committee's decision:
Interested Parties:
Clarnew Developments Inc.
Phil Litowitz
3845 Bathurst Street, Suite 103
North York, Ontario
M3H 3N2
D.G. Biddle & Associates Ltd.
Glen Genge
96 King Street East
Oshawa, Ontario
LlH IB6
636
,
_ SUBJECT SITE
LOT 26
LOT 27
KING STREET EAST
WILLIAM HOSE COURT
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NEWCASTLE VILLAGE
KEY MAP
ATTACHMEINT 1
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ATTACHMENT 2
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1 4 WILLIAM JOSE COURT 89
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3 w BLOCK 138 ~67 <D <0 l_J-- --'t.. 79
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~ LOTS AFFECTED BY PART LOT CONTROL
LOTS 13-15, 51-53,70-72,102-107,110-113,
123-128,130-133, and BLK139, 40M-2038
NEWCASTLE VILLAGE ZBA 2001-011
63S
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ATTACHMENT NO.3
.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2001-
Being a by-law to designate a certain portion of Registered Plan 40M-2038 as
not being subject to Part Lot Control.
WHEREAS the Council of the Corporation ofth. Municipality ofClarington deems it advisable
to exempt from Part Lot Control, Lots 13-15, 51-53, 103-107, 110-113, 123-128, 130-133,
Block 139 and Lots 70-72, inclusive, of 40M-2038, registered a the Land Title Division of
Whitby,
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 13-15, 51-43, 103-107, 110-113, 123-128. 130-133, Block 139 and Lots 70-
72, inclusive of 40M-2038,
3, Pursuant to Subsection 7,3 of Section 50 of the Planning Act, this By-law shall be force
for a period ofthree (3) years ending on May 14, 2004,
BY-LAW read a first time this
day of
200L
BY-LAW read a second time this
day of
200L
BY-LAW read a third time and finally passed this
day of
200L
Mayor John Mutton
Patti L Barrie, Municipal Clerk
639