HomeMy WebLinkAboutPD-138-99
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DN: PD-138-99
THE CORPORATION OF THE MUNI<:;IP ALITY OF CLARlNGTON
REPORT
Meeting:
General Purpose and Administration Committee
File# l)Jt!Z/M:-9fd3?"
Res. #r;jJff-_~;1-17
Date:
Monday, December 6, 1999
Report #:
PD-138-99
File #: ZBA 99-038
By-law #
Subject:
REMOVAL OF PART LOT CONTROL - 1317870 ONTARIO LIMITED
PART LOT 35, CONCESSION 2, FORMER TOWNSHIP OF
DARLINGTON, PLAN 40M-1982, BARRON COURT
FILE: ZBA 99-038
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-138-99 be received;
2. THAT the request submitted by 1317870 Ontario Limited for the removal of Part Lot
Control with respect to Lots 1 to 5 all inclusive, Lots 7 to 14 all inclusive, and Lots 16
and 17 in Plan 40M-1982 be APPROVED;
3. THAT the attached part Lot Control By-law be APPROVED and forwarded to the
Regional Municipality ofDurharn 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 October 28, 1999, staff received a request from 1317870 Ontario Limited for the
removal of Part Lot Control in respect of Lots 1 to 5 all inclusive, Lots 7 to 14 all
inclusive, and Lots 16 and 17 on registered plan of subdivision 40M-1982. The lands are
located in Part Lot 35, Concession 2, in the former Township of Darlington.
1.2 The removal of Part Lot Control would facilitate the construction of 30 semi-detached
dwelling units on the above-noted lots. The process will enable the lots to be divided and
resurveyed after the dwelling foundations are in place. Since the lots are in a registered
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REPORT PD-138-99
PAGE 2
plan of subdivision, 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 It is recommended that a By-law be approved to except the subject lands from Part Lot
Control. The attached 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 time frame 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 to the
subject lands. The Planning Act leaves it to the Municipality to determine an appropriate
time frame during which the By-law shall apply. After reviewing the application, staff
have recommended that the By-law be in force for a five (5) year period following
Council approval, ending on December 13, 2004.
Reviewed by,
O~_~
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officier
Davi Crome, M.C.I.P., R.P.P.
Director of Planning Development
RH*DJC
Attachment #1 - Key Map
Attachment #2 - By-law
Interested parties to be notified of Council and Committee's decision.
1317870 Ontario Limited
319 College Aveune
P.O. Box 11
Oshawa, Ontario
LlH 7K8
Attention:
Mr. Mark Foley
637
_ SUBJECT SITE
ATTACHMENT 11
LOT 35
NASH
LOT 34
ROAD
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ATTACHMENT NO.2
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 99-_
being a By-law to amend designate a certain portion of Registered
Plan 40M-1982 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 I to 5 all inclusive, Lot 7 to 14 all inclusive, and Lot 16 and 17
in Plan 40M-1982 registered at the Land Titles Division of Durham.
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 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 I to 5 all inclusive, Lots 7 to 14 all inclusive, and Lots 16 and 17 on Registered
Plan 40M-1982, Municipality ofClarington, Regional Municipality of Durham.
3. Pursuant to Subsection 7 of Section 50 of the Planning Act, this By-law shall be in force for
a period of five (5) years ending on December 13, 2004.
BY -LAW read a first time this day of
1999.
BY -LAW read a second time this day of
1999.
BY-LAW read a third time and finally passed this
day of
1999.
MAYOR
639
CLERK
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. LOTS AFFECTED BY PART LOT CONTROL
40M-1982 , ZBA.99-038
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