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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 I I]ky,cmF