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HomeMy WebLinkAboutPD-138-99 "'. .e '.. ""'" 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 636 ~ " , 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 11111; 111111111 I III. I " i I I I I \ I I- a::: o z 1 L.' '1 ' L -I~ -1 COURTICE KEY MAP II ~ C ~JI l ! ;~t );,; \1 l ~! ~ I I L_ -~ I / ZBA. 99-038 638 N Z o Cf) Cf) w () z o () I , ATTACHMENT NO.2 # 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 . " , I ! I J I , ~~-~- -1__ ----~ I-~-- 1---. - --"--- i '/ I 1/~; 1J2 I- 11 ::> 0 ./ -. en ~14:~ 10' Q J <( ''17~ "16 0 15 ',9 a:::: '/ w BAR RON COURT z 8 :J z '/ 3: 1 'J2. ;;:f /{ 'j,5 0 I- 6 7~ t I ..... ~ 1--- . I I , / v/~~ , CQu7(;.f"W e--- -- . LOTS AFFECTED BY PART LOT CONTROL 40M-1982 , ZBA.99-038 , r 640