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HomeMy WebLinkAboutPD-42-96WHEW- 006APATHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # C)y Date: Monday, March 18, 1996 Report #: PD -42 -96 File #: DEV 96 -006 REMOVAL OF • T CONTROL APPLICANT: TRULLS OA D- 1 FILE: DEV 0► Recommendations: Res. # 3 rt By-law #_1� It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -42 -96 be received; 2. THAT the request submitted by Fridel Limited for the Removal of Part Lot Control with respect to Blocks 1 to 4 all inclusive on Registered Plan of Subdivision 40M- 1835 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 the interested parties listed in this report and any delegation be advised of Council's decision. 1. BACKGROUND 1.1 Registered Plan of Subdivision 40M -1835 is located in part of Lot 31, Concession 2, in the former Township of Darlington forming Phase Two of the Courtice Mill II development. 1.2 In February of 1996, staff received a request from Fridel Limited for the removal of Part Lot Control in respect of Blocks 1 to 4 all inclusive on Registered Plan of Subdivision 40M -1835. 529 REPORT • •. PAGE 2 1.3 The removal of Part Lot Control would facilitate the construction of townhouse units on the above -noted blocks. The process will enable the lots to be divided and resurveyed after dwelling foundations are in place. 1.4 For the Committee's information, since the above -noted Blocks are in a registered plan of subdivision, there is an existing agreement in place to cover the Municipality's financial interest. 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 7.1 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 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 March 25, 2001. 530 REPORT • PD-42-96 Respectfully submitted, � r &' �-) � &-!)" Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development WM *FW *df 6 March 1996 Attachment #1 - Key Map Reviewed by, W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Fridel Limited 319 College Avenue Oshawa, Ontario. L1 H 7K8 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 96- being a By -law to designate a certain portion of Registered Plan 40M -1835 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, Blocks 1 to 4 all inclusive in Plan 40M -1835 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 this 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) Blocks 1 to 4 all inclusive on Plan 40M -1835, Municipality of Clarington, Regional Municipality of Durham. 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 March 25, 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 532 • am N72 °00'00" E 39.53 �- o o 00 r o co c}' N co BLOCK 1 co 0 r N 0 Z D d- 0o BLOCK 2 � oe 0 00 0 r Z Z bc, DR I VE 28 895 26.633 �. %/ LOTS PART LOT CONTROL ,7,g Lo cq C 0 0 co PIA • PEV,96-006 40 M - 18 3-.9. 533