HomeMy WebLinkAboutPD-128-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
ON: PTLT- CON.GPA
REPORT
Meeting: General Purpose and Administration Committee File # Q
Date: Monday, September 23, 1996 Res. # 0/
Report #: P• •. • By-law .'
Subject: EXEMPTION FROM PART LOT CONTROL - HALLOWAY HOLDING S IMITE
PART • O • •- • • •
PLAN ,,
FILE: DEV •.
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 128 -96 be received;
2. THAT the request for removal of Part Lot Control in respect of Lots 28 to 42, 48
to 72 and Blocks 117 to 128 all inclusive on Plan 40M -1852 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 -1852 (registered August 1996) 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 Halloway Holdings Limited for removal of Part Lot Control in respect of Lots
28 to 42, 48 to 372 and Blocks 117 to 128 all inclusive on Plan of Subdivision
1.3 The removal of Part Lot Control from the above noted lots would facilitate the
construction of forty (40) semi - detached dwellings (totalling 80 units) and sixty-
657
REPORT
seven (67) townhouse units. This process will enable the blocks to be divided
and resurveyed after the dwelling foundations are in place.
1.4 For the Committee's information, since the above noted lots and blocks 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 28 to 42, 48 to 72 and Blocks 117 to 128 all inclusive on Registered
Plan 40M -1852.
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 23, 2001.
ME
REPORT • - PAGE 9
Respectfully submitted,
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
September 10, 1996
Reviewed by,
ZZ/ �,_
W. H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
Halloway Holdings Limited
c/o Valiant Property Management
177 Nonquon Road
20th. Floor
Oshawa, Ontario
L1 G 3S2
W
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 96
being a By -law to designate a certain portion of Registered Plan 40M 1852 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 28 to 42, 48 to 72 and Blocks 117 to 128
all inclusive in Plan 40M -1852 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 28 to 42, 48 to 72 and Blocks 117 to 128 all inclusive on Plan 40M -1852,
Municipality of Clarington, Regional Municipality of Clarington
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 23, 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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