HomeMy WebLinkAboutPD-116-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: PTLT- CON.GPA
REPORT
Meeting: General Purpose and Administration Committee File #4
Date: Monday, September 9, 1996 Res. 5- 9
Report #: PD- 116 -96 File #: DEV 96 -046
By -law #
Subject: EXEMPTION FROM PART LOT CONTROL - 290572 ONTARIO LTD.
PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
PLAN 40M -1839
FILE: DEV 96 -046
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 116 -96 be received;
2. THAT the request for removal of Part Lot Control in respect of Lots 1, 2, 11 to 33,
38 to 41 all inclusive on Plan 40M -1839 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 Plan of Subdivision 40M -1839 is located in Part Lot 29, Concession 2,
in the former Township of Darlington.
1.2 In August of 1996, the Planning and Development Department received a request
from 290572 Ontario Ltd. for removal of Part Lot Control in respect of Lots 1, 2,
11 to 33, 38 to 41 all inclusive on Registered Plan 40M -1839.
1.3 The removal of Part Lot Control from the above noted lots would facilitate the
construction of twenty -nine (29) semi - detached dwellings (totalling 58 units). This
process will enable the blocks to be divided and resurveyed after the dwelling
REPORT PAGE 2
foundations are in place.
1.4 For the Committee's information, since the above noted lots are located in a
Registered Plan of Subdivision, there is an agreement in place to cover the
Municipality's financial interest including 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, 2, 11 to 33, 38 to 41 all inclusive on Registered Plan 40M -1839.
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 7.1 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 September 16, 2001.
507
REPORT •D PAGE 3
Respectfully submitted,
<:i.
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
LDT *FW *cc
Attachment # 1 - By -law
Attachment # 2 - Key Map 1
Attachment # 3 - Key Map 2
July 31, 1996
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
290572 Ontario Ltd.
58 Rossland Road West
Oshawa, Ontario
L1 G 2V5
Parkhill and Yanch
63 King Street East
Suite 102
P.O. Box 154 +.
Oshawa, Ontario
L1 H 71_1
we
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 96-
being a By -law to designate a certain portion of Registered Plan 40M 1839 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, 2 11 to 33, 38 to 41, inclusive in Plan
40M -1839 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, 2, 11 to 33, 38 to 41 all inclusive on Plan 40M -1839, Municipality of
Clarington, Regional Municipality of Clarington
3. Pursuant to Subsection 7.1 of Section 50 of the Planning Act, this By -law shall be in
force for a period of five (5) years ending on September 16, 2001.
BY -LAW read a first time this day of 1996.
BY -LAW read a second time this day of 1996.
BY -LAW read a third time and finally passed this day of 1996.
MAYOR
CLERK
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