HomeMy WebLinkAboutPD-021-00
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Report #:
PD-021-00
FILE #: ZBA 2000-005
File # DI'-I ~l1dcf:o-oo5
Res. tGfJff- 7Q-oo
By-law #tlcoo -;3/
Meeting:
General Purpose and Administration Committee
Date:
Monday, February 28, 2000
Subject:
REMOVAL OF PART LOT CONTROL (40M-1984)
APPLICANT: KELVIN WHALEN ON BEHALF OF
1138337 ONTARIO INC.
NEWCASTLE VILLAGE URBAN AREA
FILE: ZBA 2000-005 (X-REF. 18T-91004)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-021-00 be received;
2. THAT the request for removal of Part Lot Control in respect of Lots 17 to 23,36 to 44,
and 77 to 82 inclnsive on 40M-1984 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 On February 3, 2000, Staff received a request from Kelvin Whalen, on behalf of 1138337
Ontario Inc., for the removal of Part Lot Control in respect to Lots 17 to 23, 36 to 44, and
77 to 82 on Registered Plan 40M-1984. These lots are located in Part Lot 28, Broken
Front Concession, former Village of Newcastle (Attachment No.1) and have frontage on
Beacham Crescent and Carveth Crescent.
1.2 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 lo~ to be divided and
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REPORT NO.: PD-021-00
PAGE 2
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. COMMENTS
2.1 Staffhas 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. The Part
Lot Control by-law requires the approval of Council and the Regional Municipality of
Durham.
2.2 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 March 6, 2003.
Reviewed by,
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D . . rome, M.C.I.P., R.P.P.
Direc of Planning & Development
ID*L T*DC*df
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer.
18 February 2000
Attachment #1 - Key Map
Attachment #2 - Lots Affected by Part Lot Control
Attachment #3 - By-law
619
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REPORT NO.: PD-021-00
PAGE 3
Interested parties to be notified of Council and Committee's decision:
Mr. Kelvin Whalen
113 83 3 7 Ontario Inc.
1029 McNicoll Avenue
SCARBOROUGH, Ontario
Ml W 3W6
620
ATTACHMEINT NO.1
_ SUBJECT SITE
LOT 29
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PORT of NEWCASTLE
KEY MAP
ZBA 2000-005
Lots affected by Part Lot Control
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~ LOTS AFFECTED BY PART LOT CONTROL
~ Lots 17 to 23, 36 to 44 and 77 to 82 Inclusive
40M-1984
,
ZBA.2000-005
t
622
BY-LAW NUMBER 2000-
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being a by-law to designate a certain portion of Registered Plan 40M-1984 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, Lots 17 to 23, 36 to 44, and 77 to 82 inclusive, of 40M-1984,
registered at the Land Titles Division of Whitby;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation ofthe
Municipality of Clarington enacts as follows:
L That Subsection 5 of Section 50 ofthe 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 17 to 23, 36 to 44, and 77 to 82 inclusive on Registered Plan 40M-1984.
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 March 6, 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 fmally passed this
day of
2000,
MA YOR~
CLERK
(,2)