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HomeMy WebLinkAboutPD-162-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DWREMOVAL.GPA REPORT Meeting: General Purpose and Administration Committee File # 1`)V Date: Monday, December 8, 1997 Res. # q-7 Report #: PD -162 File #: DEV 97 -092 By -law # Subject: REMOVAL OF PART LOT CONTROL - 1220582 ONTARIO LIMITED PART LOT 30, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 97 -092 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 162 -97 be received; 2. THAT the request submitted by 1220582 Ontario Limited for removal of Part Lot Control with respect to Lots 59 to 76 inclusive and Blocks 77 to 84 inclusive, in Plan 40M -1902 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 registered Plan of Subdivision 40M -1902 is located in Part of Lot 30, Concession 2, in the former Township of Darlington and is within the Courtice Urban Area. 1.2 In November of 1997, Staff received a request from 1220582 Ontario Limited for the removal of Part Lot Control in respect of Lots 59 to 76 inclusive and Blocks 77 to 84 inclusive, on Registered Plan of Subdivision 40M -1902. REPORT NO. PD- 162 -97 PAGE 2 1.3 The removal of Part Lot Control would facilitate the construction of 36 semi- detached dwelling units and 46 townhouse units on the above noted lots and blocks. The process will enable the lots and blocks to be divided and resurveyed after the dwelling foundations are in place. 1.4 For the Committee's information, since the lots are located in a registered plan of subdivision, there is an existing agreement in place to cover the Municipality's financial interest, including payment of parkland dedication and development charges. 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 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 on 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 December 15, 2002. i U ._� 0 REPORT NO. PD- 162 -97 PAGE 3 Respectfully submitted, v 1 Franklin Wu, M.C.I.P Director of Planning and Development SL *FW *cc Attachment #1 - Attachment #2 - November 28, 1997 Site Location Map By -law Reviewed by, W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: 1220582 Ontario Limited 1748 Baseline Road West Courtice, Ontario Li E 2T1 U r� THE CORPORATION OF THE MUNICIPALITY OF' CLARINGTON BY -LAW NUMBER 97- being a By -law to designate a certain portion of Registered Plan 40M 1902 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 59 to 76, inclusive and Blocks 77 to 84 inclusive in Plan 40M -1902 registered at the Land Titles Division of Whitby. 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 59 to 76 and Blocks 77 to 84 all inclusive on Registered Plan 40M -1902, 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 December 15, 2002. BY -LAW read a first time this 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. MAYOR CLERK BLOCK 22 BLOCK: 88 Lo —CK 24 VALYJNS No C. Pt A BLOCK 85 STONEFIELD STONEFIELD STREET STREET BLOCK 86 io 6 91 UP ge C. OR— UP Z U�7 O