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HomeMy WebLinkAboutPD-167-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: KINGSBERRY.GPA BY PORT Meeting General Purpose and Administration Committee File 111 UL Date Monday, December 6, 1993 Res By-l-aw 11 PD-167-93 DEV 93-039 Report 4 File # Subled EXEMPTION FROM PART LOT CONTROL - KINGSBERRY PROPERTIES PART LOT 31, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 93-039 (PLAN 40M-1744) It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-167-93 be received; 2 . THAT the request submitted by Kingsberry Properties, for removal of Part Lot Control on Lots 1 to 11 inclusive, on Plan 40M-1744 and Blocks 16 to 19 inclusive, on Plan 40M-1744 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 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-1744 is located in Part of Lot 31, concession 2, in the former Township of Darlington. 1. 2 In November of 1993 , the Planning and Development Department received a request from Kingsberry Properties for removal of Part Lot Control in respect of Lots 1 to 11 inclusive within Registered Plan 40M-1744 and Blocks 16 to 19 inclusive within Registered Plan 40M-1744 . 2 REPORT NO. : PD-167-93 PAGE 2 1. 3 The removal of Part Lot Control would facilitate the construction of semi-detached/link units on the above noted lots and townhouse units on the above noted Blocks. This process will enable these lots 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 Plan 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 would 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 Once all dwellings are erected and conveyed, Staff will prepare another By-law repealing this By-law in order to restore Part Lot Control to the subject lands in accordance with the Planning Act. Respectfully submitted, Recommended for presentation to the Council 1 Franklin Wu, M.C. I .P. a i arano, Acting Director of Planning Chief Administrative and Development Officer WM*FW*cc 1 December 1993 . . . 3 5 &4 REPORT NO. : PD-167-93 PAGE 3 Attachment # 1 - Lots affected by Part Lot Control Interested parties to be notified of Council and Committee's decision: The Foley Group 319 College Avenue P.O. Box 11, OSHAWA, Ontario L1H 7K8 ATTACHMENT #1 ROAD ALLOWANCE BETWEEN CONCEssm 2 AND 3 THE KAG$ ^' -110 o �NWHW N• �E t IM "4M_ N• ! Z A[AN T1 III• .(pry \9 3n.3/ I[AN I MA11!I°Yw y ° BC(>CK IJJ ai 0:w,,,�i „r„"ur M rb r rA � ��. P RT fer "• I� �iI t • 1 •s;N AT r K4 t tr KC �a 1 Al k° t3ux a � •�3:.I G f MR• • A� N•„ g nwr[ 1 N —n+or I }}}•��� 0 v yp A ! :0 •a • ► I.w 1 • o • so! 3225,5, -1 -I 3. >. M A> r STRAnWJ NJ .� • - i f/3 DRIVE k STRATA AL AN 0 IVE ✓ e ` • IT� rrralac u �[ , • � r�rr• y . 1 w� 0 n- 2 A r_N•Tr 1 �rj 9 . n m Fl. b v N[r i K —T,�• b N I.nr r `p Iur i I v fit t 2 O m � K 7t j�l I o O '_'_"� •Iri1Nt j N BLOCK 143 �[rgrd 40M- 1744 MM6 t11 C0.N H� 10lr,��1 Ittl M qY 11.1 � .Rt A[lOr.0.1 N N W RMWERED PLAN lom •$20 ` ® LOTS AFFECTED BY PART LOT CONTROL .5B7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 93- being a By-law to designate a certain portion of Registered Plan 40M-1744 as not being subject to Part Lot Control. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it desirable to exempt from Part Lot Control, Lots 1 to 11 all inclusive on Plan 40M-1744 and Blocks 16 to 19 all 1 inclusive on Plan 40M-1744 registered at the Land Registry Office for the Land Registry Division of Durham (No. 40) . 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- 3 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: i) Lots 1 to 11 all inclusive on Plan 40M-1744; and ii) Blocks 16 to 19 all inclusive on Plan 40M-1744. BY-LAW read a first time this day of , 1993. BY-LAW read a second time this day of , 1993. BY-LAW read a third time and finally passed this day of 1993 MAYOR CLERK