HomeMy WebLinkAboutPD-063-00 Addendum
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UNFINISHED BUSINESS
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
Council
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Date:
Monday, July 10, 2000
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Report #:
Addendum to PD-63-00
File #: COPA 2000-002
By-law #
Subject:
CLARINGTON OFFICIAL PLAN AMENDMENT
APPLICANT: ST. STEPHENS ESTATES INC.
PART OF LOT 8, CONCESSION 2, FORMER TOWN OF
BOWMANVILLE
FILE: COPA 2000-002
Recommendations:
It is respectfully recommended to Council the following:
I. THAT Report PD-63-00 be lifted from the table;
2, THAT the recommendations contained within report PD-63-00 be APPROVED;
3. THAT the Mayor and Clerk be authorized, by By-law, to execute an amending
Subdivision Agreement between S1. Stephen's Estates Inc. and the Municipality to permit
the development of a total of eighteen semi-detached dwelling units on Blocks 137, 138,
140 and 141 on Plan 40M-1977.
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1. BACKGROUND
1.1 Paragraph 9.2 within staff report PD-63-00 noted that as blocks 137, 138, 140 and 141
were within a registered plan of subdivision, an amendment to draft approval could not
be considered as a method of reconfiguring the subdivision and create the new lots for the
semi-detached dwelling units. It was staffs opinion Land Division Committee approval
would be required to create the new lots for the semi-detached dwellings. The Land
Division process furthermore, provided the mechanism for the Municipality to ensure that
all engineering works are designed and constructed satisfactorily and that sufficient
monies are provided for performance guarantees.
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REPORT ADDENDUM TO PD-063-00
PAGE 2
1.2 The applicant's solicitor has provided the opinion that inasmuch as Council approved a
Part Lot Control By-law on November 22, 1999 which included the four blocks in
question, the Land Division Committee process is no longer required. Furthermore the
current R3 - Urban Residential Type Three Zone category permits the development of
semi-detached dwelling units. The applicant's solicitor requested clarification of this
matter with the Municipality's legal counsel.
1.3 The first phase of the St. Stephen's Estates Inc. draft plan of subdivision (40M-1977) was
registered on August 31, 1999. The Part Lot Control By-law subsequently passed by
Council on November 22, 1999 permitted a number of lots and blocks within the
registered plan to be "severed" and sold as individual street townhouse and semi-
detached dwelling units. This By-law implemented the draft plan and the Subdivision
Agreement. It was anticipated the development of these four blocks in particular would
proceed as originally approved for street townhouse dwelling units. When the draft plan
was originally recommended for approval, the street townhouse blocks were zoned R3 -
Urban Residential Type Three. The R3 zoning category permits not only townhouses as
identified in the draft plan of subdivision, but also single detached homes and semi-
detached homes.
1.4 The Municipality's solicitor confirmed that notwithstanding the draft approval as
originally issued, the four blocks can be developed for semi-detached dwelling units
through the Part Lot Control by-law passed by Council November 22, 1999. The
solicitor's opinion was based on the R3 - Urban Residential Type Three Zoning category
permitting the development of semi-detached dwelling units.
1.5 In order to address the issues raised by the Public Works Department ensuring all
engineering works are designed and constructed satisfactorily, it is recommended that the
subdivision agreement be amended to recognize the development of blocks 137, 138, 140
and 141 for semi-detached dwelling units. By amending the existing agreement, all
works and securities would have to be provided in compliance with the Municipality's
standard requirements.
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REPORT ADDENDUM TO PD..063-00
PAGE 3
2. CONCLUSIONS
2.1 In consideration of the above noted comments and those contained within staff report
PD-063-00 it is respectfully recommended that the recommendations contained within
the addendum report to PD-063-00 be APPROVED.
Respectfully submitted,
Reviewed by,
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. rome, M.C.LP., R.P.P.
of Planning and Development
Franklin Wu, M.C,LP., R.P.P.
Chief Administrative Officer
LT*DJC*cd
Attachment No. I - Authorization By-law to amend existing Subdivision Agreement
Interested parties to be notified of Council's decision:
St. Stephens Estates Inc.
633 Edgeley Boulevard
Unit 3
Concord, Ontario
L4K 4H6
John Perdue
Legends Consulting
48 Harshaw Avenue
Toronto, Ontario
M6S lYI
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ATTACHMENT '1
THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
BY-LAW NUMBER 2000-_
being a By-law to authorize the entering into an amending agreement
with St.Stephens Estates Inc. and the Corporation of the Municipality
ofClarington for the development of Plan of Subdivision 18T-88037.
THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation
of the Municipality ofClariugton, with the Corporate Seal, an amending agreement between
St. Stephens Estates !nc.and the said Corporation.
2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Corporation,
the said conveyances of land required pursuant to the aforesaid Agreement.
BY-LAW read a first time this 10ili day ofJuly 2000.
BY-LAW read a second time this 10" day of July 2000.
BY-LAW read a third time and finally passed this 10ili day of July 2000.
MAYOR
CLERK