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HomeMy WebLinkAboutPD-115-98DN: PD-115-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # ~D14.~e~. 9~S o5-7 Date: Monday, October 5, 1998 Report #: PD-115-98 File #: 40M-1928 Res. #~~p1~ ~ 5~1-~~ By-law # ~-/ C. Subject: REQUEST FOR REMOVAL OF PART LOT CONTROL APPLICANT: W. E. ROTH CONSTRUCTION PART LOT 31, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON REGISTERED PLAN 40M-1928 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following 1. THAT Report PD-115-98 be received; 2. THAT the request submitted by W. E. Roth Construction for the removal of Part Lot Control with respect to Lots 5, 6, 10, 14 to 17, 21 to 25, and Blocks 29 to 34, all inclusive, 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; 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-89082 (40M-1928) is located in Part Lot 31, Concession 2, former Township of Darlington (Attachment No. 1); 1.2 In September of 1998, Staff received a request from W. E. Roth Construction for the removal of part lot control in respect of Lots 5, 6, 10, 14 to 17, 21 to 25, and Blocks 29 to 34, all inclusive, on Registered Plan of Subdivision 40M-1928; - 621 REPORT NO.: PD-115-98 PAGE2 1.3 The Removal of Part Lot Control would facilitate the construction of 24 semi- detached dwelling units on the lots, 23 townhouses on the Blocks, and 2 semi- detached units on Block 34, once this block is joined with a block from the neighbouring subdivision. 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. 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 time frame during which the By-law shall be in force. 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 recommend that the By-law be in force fora 5 year period following Council's approval, ending on October 13, 2003. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning & Development IL*LDT*FW*cc Reviewed by, . S c well, hief Administrative Officer September 24, 1998 bL2 REPORT NO.: PD-115-98 PAGE3 Attachment No. 1 - Key Map Attachment No. 2 - By-law Interested parties to be notified of Council and Committee's decision: W. E. Roth Construction 1500 Highway No. 2 Courtice, Ontario L1 E 2T3 Mr. Alan Berk 650 King Street East Suite 209 Oshawa, Ontario L1H 1G5 - b~3 ATTACHMENT #E 1 ® SUBJECT SITE LOT 32 LOT 31 LOT 30 LOT 29 L 'I 11117 - � 1 Ij , W � r o 1 \\ CRE CENT �* e 0 COURTICE DEV. 98-057 KEY MAP 0 � 4 ATTACHMENT N0.2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to designate a certain portion of Registered Plan 40M-1928 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 5, 6, 1 Q 14 to 17, 21 to 25 and Blocks 29 to 34, all inclusive, on Plan 40M-1928 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 (5) of Section 50 shall cease to apply to the following lands: (a) Lots 5, 6, 10, 14 to 17, 21 to 25 and Blocks 29 to 34, all inclusive on Plan 40M-1928, Municipality of Clarington, 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 (S) years ending on October 13, 2003. BY-LAW read a first time this day of 1998. BY-LAW read a second time this day oY 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK ~Lv' I ~ '. ~~ I 28 27 26 25 24 . : Z3 22 m ~ O x ~ l ADAIR STREET g N ~ ~ r O s ~ r J ~'1 N x ~ Q N is W W D W V'~ ~ N ~ g n m ~ ~ n m ~^ ~ ~ o v Z ~ W m m ~ n m N t0 /~/~ ~ v ~ N p N o ~ Z r ~ N m O m ~ m O N A I"~ C ~ ~ ~/ ,~ ~I Z s x ~ o M W ~ V O O O m ~ r y BLOCK 38 N-.p„+~w BLACK 35 i.'_i~~ TRULLS ROAD 0 UL~