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HomeMy WebLinkAboutPD-104-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: PART- LOT.GPA T REP I Meeting: General Purpose and Administration Committee File # V` % 7--6) Date: Monday, July 7, 1997 Res. # -'1,2 Report #: PD- 104 -97 File #: DEV 97 -050 By -law ` Subject: EXEMPTION FROM PART LOT CONTROL APPLICATION r� i APPLICANT: KIDDICORP INVESTMENTS LIMITED - PLAN 40M -1876 PART LOT 33, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE NO.: DEV 97 -050 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 104 -97 be received; 2. THAT the request for removal of Part Lot Control with respect of Lots 1 to 19, all inclusive on Plan 40M -1876 be APPROVED; 3. THAT the attached By -law be APPROVED and forwarded to the Regional Municipality of Durham pursuant to Section 50 (7) 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 Registered Plans of Subdivision 40M -1876 are located in Part Lot 33, Concession 2, in the former Township of Darlington. 1.2 In June of 1997, the Planning and Development received a request from Kiddicorp Investments Limited for removal of Part Lot Control in respect of Lots 1 to 19 all inclusive on Registered Plan 40M -1876. 1.3 The removal of Part Lot Control would facilitate the construction of thirty -eight (38) semi - detached dwelling units. This process will enable the lots to be divided and resurveyed after the dwelling foundations are in place. 699()78 REPORT NO. PD-104-97 PAGE 2 1.4 For the Committee's information, since the above lots are located in a Registered Plan of Subdivision, there is an agreement in place to cover the Municipality's financial interest which includes the payment of parkland dedication and lot levies. 2. STAFF COMMENTS 2.1 Staff would have no objection to the approval of a By -law exempting from Part Lot Control, lots 1 to 19 all inclusive on Registered Plan 40M -1876. 2.2 Attached hereto is a By -law to exempt a portion of the subject lands from Section 50 (5) of the Planning Act pursuant to the provisions of Section 50 (7) of the Planning Act. This By -law requires the approval of Council and the Regional Municipality of Durham. 2.3 In accordance with the 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, following the expiration of the By -law, it is not necessary for Staff to prepare a second By -law to restore Part Lot Control to the subject lands. The Planning Act allows 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 July 7, 2002. 6 990 /< REPORT PD-104-97 Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development LDT *FW *cc Attachment # 1 - Key Map June 20, 1997 Reviewed by, W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Halminen Homes Limited (Kiddicorp investments Limited) 1748 Baseline Road West Courtice, Ontario L1 E 2T1 699080 699091 33 PART 2 P i0 ? ?- -323"7 i0 ? ?- -323"7 --32 HST. No. NMW (RMMNM) 2 LAN 1 ?T 2 --T Hu. .121*17, .:"j. %•= �! ? -- 3177:) -T. H. 1,5 PART PLAN DEV. 97-050 ,l) Ll N 40M-1876 NIT, No. fTl LOTS AFFECTED BY PART LOT CONTROL I N.1 T. a o . t 7 1 2 2 •33T13 - 2 (0— PART 2 CON, 2 (—UH.T(M PLAN IOR-3-m-, 699082 -T. No. D434- PLAN IOR-3-m-, 699082 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 97- being a By -law to designate a certain portion of Registered Plan 40M -1876 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 1 to 19 all inclusive 40M -1876 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 1 to 19 all inclusive Plan 40M -1876, 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 July 7, 2002. BY -LAW read a first time this 7th day of July 1997. BY -LAW read a second time this 7th day of July 1997. BY -LAW read a third time and finally passed this 7th day of July 1997. MAYOR CLERK 699083