HomeMy WebLinkAboutPD-94-95f 1
Dx: PT- LOT.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File # -2-
Date: Tuesday, September 5, 1995 Res. #
Report #PD -94 -95 File #:40M -1691 By -law
Subject: EXEMPTION FROM PART LOT CONTROL - VELTRI AND SONS LIMITED
PART LOT 8, CONCESSION 1, FORMER TOWN OF BOWMANVILLE
MCFEETERS CRESCENT /DYKE PLACE
FILE: 40M -1691
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -94 -95 be received;
2. THAT By -law 95 -078, being a By -law to exempt from Part Lot
Control a certain portion of Registered Plans 1OM -798 and 40M-
1691, be amended to provide the correct legal description for
Registered Plan 40M -1691 to facilitate the registration of the
Part Lot Control By -law;
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 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 to 14 and Blocks 15 and
16 all inclusive on Registered Plan 40M -1691. In addition,
the applicant applied for the removal of Part Lot Control in
respect of Blocks 62 and 63 on Registered Plan of Subdivision
1OM -798.
1.2 Staff forwarded Report PD -54 -95 to the General Purpose and
Administration Committee on June 5, 1995 and By -law 95 -078 was
....2
546
REPORT PD-94-95
subsequently passed by Council on June 12, 1995.
Unfortunately, the By -law contained a typographical error
which precluded the registration of that portion of the By -law
which was intended to reference Registered Plan 40M -1691.
Although the Registry Office permitted the applicant's
solicitor to register that portion of By -law 95 -078 which
referenced Registered Plan 1OM -798, a new By -law will need to
be passed which would amend By -law 95 -078 to provide the
correct legal description with respect to Registered Plan 40M-
1691.
2. STAFF COMMENTS
2.1 Attached hereto is a By -law to amend By -law 95 -078 to provide
the correct legal description for Registered Plan 40M -1691.
By -law 95 -078, as amended would 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.
2.2 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. In Report PD- 54 -95, Staff
recommended that the By -law be in force for a period of five
(5) years ending June 12, 2000. This time frame is still
appropriate for By -law 95 -078, as amended.
....3
REPORT NO. PD -94 -95 PAGE 3
Respectfully submitted,
,) V 6-)Q- W ,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
WM *FW *cc
Attach.
August 24, 1995
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's
decision:
Veltri and Son Limited
68 King Street East
Bowmanville, Ontario
L1C 3X2
Sam Cureatz
104 James Street West
Newcastle, Ontario
L1B 106
M
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 95-
being a By -law to designate a certain portion of Registered Plan 40M 1691 as not being
subject to Part Lot Control and to amend By -law 95 -078.
WHEREAS the Council of the Corporation of the Municipality of Clarington passed By -law
95- 078'on June 12, 1995; '
AND 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.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. THAT By -law 95 -078 is hereby amended by deleting Section 2 a) in its entirety and
replacing it with the following:
a) Lots 1 to 14 and Blocks 15 and 16, all inclusive on Plan 40M -1691,
Municipality of Clarington, Regional Municipality of Durham.
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
CLERK
549
LOT 8 CONCESSION 1
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LOTS AFFECTED BY PART LOT CONTROL
40M -1691 DEV.95 -028
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