HomeMy WebLinkAboutPD-95-95DN: PART- LOT.GPATHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Tuesday, September 5, 1995 Res. # G nil
Report #PD -95 -95 File #:40M -1815 By -law #
Subject: EXEMPTION FROM PART LOT CONTROL - 290572 ONTARIO LTD.
PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
SANDRINGHAM DRIVE /SHORT CRESCENT
FILE: 40M -1815
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -95 -95 be received;
2. THAT the request for removal of Part Lot Control in respect of
Lots 19 to 20 and Blocks 21 to 31 all inclusive on Plan 40M-
1815 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 -1815 is located in Part Lot
29, Concession 2, in the former Township of Darlington.
1.2 In August of 1995, the Planning and Development Department
received a request from 290572 Ontario Ltd. for removal of
Part Lot Control in respect of Lots 19 and 20 and Blocks 21 to
31 all inclusive on Registered Plan 40M -1815.
1.3 The removal of Part Lot Control from Lots 19 and 20 and Blocks
21 to 31 all inclusive would facilitate the construction of
semi - detached /link units on the lots and townhouse units on
the Blocks. This process will enable the lots and the blocks
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REPORT NO. PD -95 -95 PAGE 2
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 19 and 20 and Blocks 21
to 31 all inclusive on Registered Plan 40M -1815.
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 11, 2000.
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REPORT NO. PD -94 -95 PAGE 3
Respectfully submitted, Reviewed by,
Franklin Wu, M.C.I.P., R.P.P., W. H. Stockwell
Director of Planning Chief Administrative
and Development Officer
WM *FW *cc
Attach.
August 25, 1995
Interested parties to be notified of Council and Committee's
decision:
290572 Ontario Ltd.
58 Rossland Road West
Oshawa, Ontario
L1G 2V5
Parkhill and Yanch
63 King Street East
Suite 102
P.O. Box 154
Oshawa, Ontario
L1H 7L1
554
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 95-
being a By -law to designate a certain portion of Registered Plan 40M 1815 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 19 and 20 and Blocks 21 to 31 all inclusive
in Plan 40M -1815 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 19 and 20 and Blocks 21 to 31, all inclusive on Plan 40M -1815,
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 September 11, 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
CLERK
555
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