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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
File # ])} i Z6f1 ;JccD{JJ-7
Res, # t;,f'ft-flJ -00
By-law # ~)- ;)Dfo
Meeting:
General Purpose and Administration Committee
Date:
Monday, December II, 2000
Report #:
PD-I11-00 File #: ZBA 2000-027
Subject:
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: CLARINGTON FIELDCREST DEVELOPMENTS LTD.
PART LOT 29, CONC. 2, FORMER TOWNSHIP OF DARLINGTON
FILE NO.: ZBA 2000-027
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
I. THAT Report PD-lll-00 be received;
2. THAT the request for removal of Part Lot Control with respect to Block 57 on 40M-1820
and Lots 1 to 13 and Lot 16 on 40M-2000 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) of the Planning Act; and,
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
I. APPLICATION DETAILS
1.1
1.2
Applicant:
Location:
Clarington Fieldcrest Development Ltd.
Part Lot 29, Concession 2, former Township of Darlington
(Courtice) (Attachment 1).
2. BACKGROUND
2.1 On October 19,2000, staff received a request from Clarington Fieldcrest Developments
Ltd. for the removal of Part Lot Control in respect to Block 57, 40M-1820 and Lots I to
13, and Lot 16 on 40M-2000 (see Attachment 2).
624
REPORT PD-l11-o0
PAGE 2
2.2 Draft Plan of Subdivision 40M-2000 received draft approval for fourteen (14) lots for
twenty-eight (28) semi-detached dwelling units. Plan of Subdivision 40M-1820 received
approval for Block 57 to contain a set of semi-detached dwellings, at such time that the
temporary turning circle on Fieldcrest Avenue was no longer required. The completion
of 40M-2000 connects the north and south portions of Pieldcrest Avenue and the
temporary turning circle is no longer required, thus Block 57 may now be used for
residential purposes.
The removal of Part Lot Control would facilitate the construction of semi-detached
dwelling units on each of the lots and Block 57. 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.
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
Plarming Act pursuant to the provisions of Section 50 (7) of the Plarming Act. 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 Plarming 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 recommends that the by-law be in
force for a three (3) year period following Council approval, ending December 18, 2003.
625
REPORT PD-ll1-00
PAGE 3
Respectfully submitted,
Reviewed by,
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Franklin Wu, M.C.I.P., R.P.P.,
Chief Administrative Officer
Davi J. rome, M.C.I.P., R.P.P.
Director of Planning & Development
SA *LDT*DJC*cc
November 10, 2000
Attachment I -
Attachment 2 -
Attachment 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:
Clarington Fieldcrest Developments Ltd.
c/o Wayne Jeffrey
1200 Airport Blvd.
Suite 20 I
Oshawa, Ontario
LlJ 8P5
Larry A. Yanch
57 Simcoe Street South
Suite 1D
Oshawa, Ontario
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PART 3
PLAN 40R-18326
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[::::::::::::::::] LOTS AFFECTED BY PART LOT CONTROL
Lots 1-13 and 1~ 40M-2000
Block 57, 40M-1020
ZBA 2000-027
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ATTACHMENT '3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2000-
being a By-law to designate a certain portion of Registered Plans
40M-1820 and 40M-2000 as not being subject to Part Lot Control.
WHEREAS the Council of the Corporation of the Municipality ofClarington deems it edvisable to
exempt from Part Lot Control, Block 57 on Registered Plan 40M-IS20 and Lots I to 13, inclusive
and Lot 16 on 40M-2000 registered at the Land Titles Division of Whitby.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
ofClarington enacts as follows:
I. 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 tbis 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:
aJ Block 57 on Registered Plan 40M-1820 and
b) Lots I to 13, inclusive and Lot 16 on 40M-2000
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 December 18, 2003.
BY-LAW reed a first time this
day of
2000.
BY-LAW read a second time this
day of
2000.
BY-LAW read a third time and finally passed this
day of
2000.
MAYOR
CLERK
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