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HomeMy WebLinkAboutPD-16-99 ." ". ~ ON: PD-16-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON , REPORT Meeting: General Purpose and Administration Committee File # Dill. DC0. Cf'ir.O 7 ( Report #: PD-16-99 File #: DEV 98-071 Res. #(:'1?14 -5TQ'j By.law# 7'9-/% Date: Monday, February 1, 1999 Subject: PART LOT CONTROL APPLICANT: 1249981 ONTARIO LIMITED PART LOT 30, CONe. 3, FORMER TOWNSHIP OF DARLINGTON LOTS 7 -19, BLOCKS 28 - 32 ALL INCLUSIVE ON 40M-1945 FILE NO.: DEV 98-071 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-16-99 be received; 2. THAT the request submitted by 1249981 Ontario Limited for removal of Part Lot Control in respect of Lots 7 to 19, and Blocks 28 to 32, all inclusive on Plan 40M- 1945 be APPROVED; . 3. THAT the attached Part Lot Control By-law be APPROVED and forwarded to the Regional Municipality of Durham pursuant to Section 50(7) of the Planning Act R.S.O. 1990, as amended; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. BACKGROUND 1.1 The draft approved plan of subdivision 18T-91006 is located in Part Lot 30, Concession 3, former Township of Darlington (Attachment No.1); 629 , , REPORT PD-16-99 PAGE 2 1.2 In December of 1998, Staff received a request from 1249981 Ontario Limited for the removal of Part Lot Control with respect of Lots 7 to 19 and Blocks 28 to 32, all inclusive on draft plan 18T-910006. Registration under the number 40M-1945 was completed on Friday January 15, 1999. 1.3 The removal of Part Lot Control would facilitate the construction of 26 semi- detached dwelling units and 31 townhouse units. 1.4 There is an existing agreement in place to cover the Municipality's financial interest as all lots and blocks are within a registered plan of subdivision. 2. STAFF COMMENTS 2.1 Staff have no objection to the approval of a By-law exempting the subject lands from Part Lot Control. 2.2 Attachment No.2 is a By-law which has been prepared 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. 2.3 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. 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 February 8"', 2004. 630 REPORT PD-16-99 . Respectfully submitted, Dav' Crome, M.C.I.P., R.P.P. Acting Director of Planning & Development LDT*DJC*cc January 18,1999 Attachment No. 1 Attachment No.2 Key Map By-law PAGE 3 Reviewed by, dV'-~_~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: 1249981 Ontario Limited do Hannu Halminen 1748 Baseline Road West Courtice, Ontario L1 E 2T1 631 ATTACHMENT '1 I I I GEORGE REYNOLDS DRIVE 27 26 25 24 23 J I ti w a:: I- (f) 22 21 20 Ik. 29 1 /t I- a:: :J o U Ik. 1 I W Cl a:: w ::2: 1 ~ () ::> Cl Cl a.. 15 Blk. 3 4~ ~~#~ C<i' ~~ Blk. 16 . 40M-.1.6.8.~, ( CECIL FOUND CRESCENT 1----1 1 1 1 I I- Z W () (f) w a:: () Cl z ::> f2 -.J () W () \ 1 2 3 4 5 6 10 ~~ 2 ,1 ~ ~ LOTS AFFECTED BY PART LOT CONTROL DEV.98-071 0)2 < Attachment 1/2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- being a By-law to designate a certain portion of Registered Plan 40M-1945 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 7 to 19 and Blocks 28 to 32, all inclusive on Plan 40M-1945 registered at the Land Titles Division of Durham. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. 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 (51 of Section 50 shall cease to apply to the following lands: al Lots 7 to 19, and Blocks 28 to 32, all inclusive on Plan 40M-1945, Municipality of Clarington, Regional Municipality of Durham. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of five (5) years ending on February 1" , 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 CLERK 0.)3