HomeMy WebLinkAboutPD-125-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: DEVON -D.GPA REPORT
Meeting:
General Purpose and Administration Committee File # = � X17,
Date: Monday, September 8, 1997 Res. #2L�±L- q%
Report #:
PD- 125 -97 File #: DEV 97 -046 By -law #
Subject: REMOVAL OF PART LOT CONTROL
DEVON DOWNS DEVELOPMENTS LIMITED
PART LOT 31, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON - 40M -1880
FILE: DEV 97 -046
Recommendations:
it is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 125 -97 be received;
2. THAT the request submitted by Devon Downs Developments Limited for the
removal of Part Lot Control with respect to Lots 1 to 4 all inclusive in Plan 40M-
1880 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;
and,
4. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. BACKGROUND
1.1 The draft approved plan of subdivision 18T -89022 is located in part of Lot 31,
Concession 3, in the former Township of Darlington.
1.2 In August of 1997, staff received a request from Devon Downs Developments
Limited for the removal of Part Lot Control in respect of Lots 1 to 4 inclusive on
Registered Plan of Subdivision 40M -1880.
69902" 8
REPORT NO. PD- 125 -97 PAGE 2
1.3 The removal of Part Lot Control would facilitate the construction of 8 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.
1.4 For the Committee's information, since the above noted lots are in a registered
plan of subdivision, there is an existing agreement in place to cover the
Municipality's financial interest.
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 Attached hereto is a by -law 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. 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 September 15, 2002.
6 99019
REPORT NO. PD- 125 -97 PAGE 3
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
RH *FW *cc
August 29, 1997
Attachment #1 - By -Law
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
Mr. Mark Foley
Devon Downs Developments Limited
319 College Avenue
P.O. Box 11
Oshawa, Ontario
L1 H 7K8
699UJ0
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 97-
being a By -Law to designate a certain portion of Registered Plan 40M -1880 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 4 all inclusive in Plan 40M -1860
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 4 all inclusive on Registered Plan 40M -1880, 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 (5) years ending on September 15, 2002.
BY -LAW read a first time this I day of 1997.
BY -LAW read a second time this day of 1997.
BY -LAW read a third time and finally passed this day of 1997.
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