HomeMy WebLinkAboutPD-31-99
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TI-I: CORPORATION OF TI-I: MUNICIPAlITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File# D\~:2Cel'l.qq.o/O
Report #:
PD-31-99
File #: ZBA 99-010
Res.# <09/1-13,5-7''7
By-law#99-1~
Date:
Monday, March 29,1999
Subject:
PART LOT CONTROL
APPLICANT: 963639 ONTARIO LIMITE D
PART LOT 31, CONe. 3, FORM:R TOWNS HIP OF DARLINGTON
LOTS 1-34,AlL INCLUSIVE ON40M-1954
FILE NO.: ZBA 99-010
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-31-99 be received;
2. THAT the request submitted by 963639 Ontario Limited for removal of Part Lot
Control in respect ofLots 1 to 34, all inclus ive on Plan 40M-1954 be APPROVE D;
3. THAT the attached Part Lot Control By-Ia be APPROVE D and forwarded to the
Regional Municipality of Durham pursua t to Section 50(7) of the Planning Act
R5.0. 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-89118 is located in Part Lot 31,
Concession 3, former Township of Darlington (Attachment No.1);
1.2 In March of 1998, Staff received a request from 963639 Ontario Limited for the
removal of Part Lot Control with respect of Lots 1 to 34, all inclusive on draft plan
18T-89118. Registration under the number 40M-1954 was completed on Friday
February 26,1999.
662
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REPORT P[)'31-99
PAGE 2
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1.3 The removal of Part Lot Control would facilitate the construction of 68 semi-
detached dwelling 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 subdivis ion.
2. STAFF COMME NTS
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 5 ection 50(5) of the Planning Act, purs uant to the provis ions 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 5 ubsection 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 March 29th, 2004.
663
"
REPORT Po.31-99
Davidj. Crome, M.CtP., R.P.P.
Acting Director of Planning & Development
LDT*~C*cc
March 11, 1999
Attachment No. 1
Attachment No.2
Key Map
By-law
PAGE 3
Reviewed by,
o~~~
Franklin Wu, M.CtP., R.P.P.,
Chief Administrative Officer
Interested parties to be notified of Council and Committee's decision:
963639 Ontario Limited
Attention: Mr. S. Pustil
390 Bay Street
Suite 1710
Toronto, Ontario
MSN 2Y2
664
.
ATTACHMENT NO.1
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665
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 99-_
ATTACHMENT NO.2
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, Lot 1 and 34, all inclusive on Plan 40M-1954
registered at the Land Titles Division of Durham.
NOW THEREFORE BE IT RESOL VED 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 (5) of Section 50 shall cease to
apply to the following lands:
a) Lots 1 to 34, all inclusive on Plan 40M-1954, 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 March 29'h , 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
666