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HomeMy WebLinkAboutPD-54-95THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: PART- LOT.GPA REPORT Meeting: General Purpose and Administration Committee File # ! Date: Monday, June 5, 1995 Res. # PD -54 -95 40M -1691 and 10M -798 Report #: File #: By -law #� i Subject: EXEMPTION OF PART LOT CONTROL - VELTRI AND SONS LIMITED PART LOT 81 CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: REGISTERED PLAN 40M 1691 AND 1OM -798 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -54 -95 be received; 2. THAT the request submitted by Veltri and Sons Limited for removal of Part Lot Control in respect of Lots 1 to 14 and Blocks 15 and 16 all inclusive on Plan 40M 1691 and Blocks 62 and 63 inclusive on Plan 1OM -798 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 5. THAT the interested parties listed in this report and any delegations be advised of Council's decision. 1. BACKGROUND 1.1 Registered Plans of Subdivision 40M -1691 and 10M -798 are located in Part Lot 8, Concession 1, in the former Town of Bowmanville. 1.2 In May of 1995, the Planning and Development Department received a request from Veltri and Sons Limited for removal of Part Lot Control in respect of Lots 1 - 14 and Blocks 15 and 16 all inclusive on Plan 40M 1691. In addition, the applicant will need to remove Part Lot Control from Blocks 62 and 63 all inclusive on Plan IOM -798 since these Blocks will meld with Blocks 15 and 16 on Plan 40M -1691 to form two (2) building lots. 1.3 The removal of Part lot Control would facilitate the construction of semi - detached /link units. This process will ....2 508 REPORT NO. PD -54 -95 PAGE 2 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 above noted lots are located in a Registered Plans of Subdivision, there is an existing subdivision 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 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. This 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, 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 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 June 12, 2000. Respectfully submitted, Reviewed by, 7� Franklin Wu, M.C.I.P. \ W. H. Stockwell Director of Planning Chief Administrative and Development Officer WM *FW *cc *Attach 19 May 1995 - J (1 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 95- being a By -law to designate a certain portion of Registered Plans 40M 1691 and 1OM -798 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 to 14 and Blocks 15 and 16 all inclusive in Plan 40M -1691 registered at the Land Titles Division of Durham and Blocks 62 and 63 inclusive in Plan 1OM -798 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 to 14 and Blocks 15 and 16, all inclusive on Plan 40M -1680, Municipality of Clarington, Regional Municipality of Durham. b) Blocks 62 and 63 all inclusive on Plan 1OM -798, 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 June 12, 2000. BY -LAW read a first time this day of 1995. BY -LAW read a second time this day of 1995. BY -LAW read a third time and finally passed this day of 1995. MAYOR 510 CLERK 511 SUBJECT SITE BOO WMANVILLE KEY MAP �T DEV. 95-028 512 z 0 V) U) w U z 0 U D