HomeMy WebLinkAboutPSD-038-06
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REPORT
PLANNING SERVICES
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, April 10, 2006
Report #: PSD-038-06
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AUTHORIZATION TO AMEND THE SUBDIVISION AGREEMENT FOR
REGISTERED PLAN 40M-2225
OWNER: 2075568 ONTARIO INC.
File #: 40M-2225
Subject:
RECOMMENDA TIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-038-06 be received;
2. THAT the Mayor and Clerk be authorized by By-law to execute an amending
Subdivision Agreement between the Owner and the Municipality of Clarington at such
time as the agreement has been finalized to the satisfaction of the Directors of
Engineering Services and Planning Services; and
3. THAT the Region of Durham and all interested parties listed in this report and any
delegation be advised of Council's decision.
Submitted by: Reviewed by:
D id J. Crome, M.C.I.P., R.P.P.
Director of Planning Services
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Franklin Wu,
Chief Administrative Officer
TW/CP/DJC/lw/df
4 April 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-038-06
PAGE 2
1.0 BACKGROUND
1.1 On December 12, 2005, 2075568 Ontario Inc. purchased Block 99 within Registered
Plan 40M-2225 from Middle Road Developments. Registered Plan 40M-2225 is part of
Draft Approved Plan of Subdivision, approved by Council on October 20, 2003. Block
99 abuts the west side of Scugog Street immediately north of Longworth Avenue.
1.2 2075568 Ont. Inc. proposed dividing Block 99 into 5 parts and melding it with abutting
partial lots contained within Draft Approved Plan of Subdivision 18T-88051 to the west.
The Block 99 lands together with the partial lots within 18T -88051 create 5 lots (see
Attachment 1).
1.3 An application to exempt Part Lot Control from Block 99, 40M-2225 was submitted on
November 11, 2005. This application is related to the amendment to Draft Approval of
Subdivision 18T-88051 which was granted Draft Approval on March 14, 2006. The
recommendation report for 18T-88051, approved by Council on February 13, 2006
indicated that a landscaped block would be required to be dedicated to the Municipality
of Clarington on the lands subject to the Part Lot Control Application (Block 99). This
block is located abutting the rear lot line of Block 25 on Attachment 1 and will assist in
screening the noise attenuation fence required for the development. This dedication to
the Municipality was not originally contemplated through the draft approval of the
subdivision application or the subsequent Agreement. Hence an amendment to the
Subdivision Agreement is necessary.
2.0 CONCLUSION
2.1 To ensure the conditions contained in the Subdivision apply to the new owner and that
the landscape block is transferred to the Municipality, an Amending Subdivision
Agreement is required.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law to Authorize Execution of an Amending Subdivision Agreement
Interested parties to be notified of Council and Committee's decision:
2075568 Ontario Inc.
Anthony Biglieri, The Biglieri Group
Attachment 1
To Report PSD-038-06
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SUBJECT TO
APPLICATION FOR
EXEMPTION FROM
PART LOT CONTROL
BLOCK 99 OF 40M-2225
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Bowmanville Key Map
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Owner: 2075568 Ontario Inc. and
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Attachment 2
To Report PSD-038-06
THf: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
being a Bylaw to authorize entering into an amending agreement with the Owners of
Plan of Subdivision 40M-2225, any Mortgagee who has an interest in the said Lands,
and the Cc'rporation of the Municipality of Clarington in respect of 40M-2225.
WHEREAS, COlli Icil on October 20, 2003, approved an amendment to Draft Approved Plan of
Subdivision 18T-87086 located in Part Lot 13, Concession 2, former Town of Bowmanville and
authorized the execution of a subdivision agreement with the Owner;
AND WHEREAS the Owner(s) of Plan of Subdivision 40M-2225 is now ready to proceed to
finalize the amending subdivision agreement;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation's seal, an
amending agreement between the Owners of Subdivision 40M-2225.
2. That the tvlayor and Clerk are hereby authorized to accept, on behalf of the Municipality,
the said conveyances of lands required pursuant to the aforesaid Agreement.
BY-LAW read a first time this
day of
2006
BY-LAW read a second time this
day of
2006
BY-LAW read a tllird time and finally passed this
day of
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk