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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Report #:
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By-Iaw#pmr;O~ 7
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: LEGEND CONSULTING ON BEHALF OF
ST. STEPHEN'S ESTATES
PART LOT 8, CONCESSION 2, FORMER TOWN OF BOWMANVILLE
FILE: ZBA 2000-014
PD-053-00
FILE #: ZBA 2000-014
Meeting:
General Purpose and Administration Committee
Date:
Monday, May IS, 2000
Subject:
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-053-00 be received;
2. THAT the request for removal of Part Control with respect to Lots 19 to 21, on 40M-
1977 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.
1. APPLICATION
1.1
Applicant:
Legends Consulting on behalf of St. Stephen's Estates
1.2
Location:
Part Lot 8, Concession 2, former Town ofBowmanville (Attachment #1).
2. BACKGROUND
2.1 On May I, 2000, Staff received a request from Legends Consulting on behalf of St.
Stephen's Estates for the removal of Part Lot Control in respect to Lots 19 to 21, of 40M-
1977 (see Attachment #2).
645
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REPORT NO.: PD-053-00
PAGE 2
2.2 The removal of Part Lot Control would facilitate the construction of semi-detached
dwelling units on each of the lots. The process will enable the lots to be divided and
resurveyed after the dwelling foundations are in place. The lots are within a registered
plan of subdivision; for which there is an existing agreement in place to cover the
Municipality's financial interest, including payment of parkland dedication. Lot
development charges were paid April 18, 2000, in conjunction with Building Permit
applications for these lots.
2.3 Plan of Subdivision 40M-1977 received approval for 103 lots for single detached units
and 29 lots for 58 semi-detached units. The owner applied through the Regional Land
Division Committee to revise the lot pattern on Lownie Drive for Lots 19, 20 and 21 from
three single detached lots to two lots for semi-detached dwellings. The subdivision now
contains 100 lots for single detached units and 31 lots for 62 semi-detached units.
2.4 Comments from the Regional Works Department, given at the Land Division Committee
meeting January 17, 2000, indicates that when the services for the subdivision were
installed the developer arranged for servicing for the two sets of semi-detached dwellings
instead of the three single detached dwellings, in anticipation of their application to the
Land Division Committee.
3. STAFF COMMENTS
3.1 Staff has no objection to the approval ofa 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. 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
646
REPORT NO.: PD-053-00
PAGE 3
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) period following Council approval, ending May 15,2003.
Respectfully submitted,
Reviewed by,
() Y'.~~
. rome, M.C.LP., R.P.P.
Dire or of Planning & Development
SA *TL *DC*df
Franklin Wu, M.C.LP., R.P.P.
Chief Administrative Officer.
5 May 2000
Attachment #1 - Key Map
Attachment #2 - Lots Affected by part Lot Control
Attachment #3 - By-law for Removal of Part Lot Control
Interested parties to be notified of Council and Committee's decision:
Legends Consulting
c/o John Perdue
38 Harshaw Avenue
TORONTO, Ontario
M6S IYI
St. Stephen's Estates
633 Edgeley Boulevard
Unit 3
CONCORD, Ontario
L4K 4H6
647
ATTACHMENT '1
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2000-
.
being a by-law to designate a certain portion of Registered Plan 40M-1977 as not being
subject to Part Lot Control
'WHEREAS, the Council of the Corporation of the Municipality ofClarington deems it advisable
to exempt from Part Lot Control, Lots 19 to 21, of 40M-1977, registered at the Land Title
Division ofVVhitby.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of CIa ring ton 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 ofDurharn and thereafter Subsection 5 of Section 50 shall cease to apply to
the following lands:
a) Lots 19 to 20, inclnsive on Registered Plan 40M-1977,
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be force
for a period of three (3) years ending on May 15,2003,
BY-LAW read 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
650
ATTACHMENT '3