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Home My WebLink AboutPSD-013-07 Clfll-illgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 22, 2007 Report #: PSD-013-07 File #: ZBA 2006-006 XRef: SPA 2006-0031 & 0034 6PA -03~-Cn By-Iaw#: ;)(J7)7- 0/7 Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: BOWMANVILLE HOTELS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-013-07 be received; 2. THAT the application for Removal of Part Lot Control submitted by Bowmanville Hotels Inc. with respect to Block 3 on Registered Plan 40M-2171, be APPROVED and that the attached Part Lot Control By-law be passed pursuant to Section 50 (7.1) of the Planning Act; 3. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Reviewed by()~tQ~ R Franklin Wu, Chief Administrative Officer JW/COS/DJC/jd/df January 10, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-013-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Agent: Henry Chiu 1.2 Owner Bowmanville Hotels Inc. 1.3 Location: Part Lot 14, Concession BF, former Town of Bowmanville Block 3 of Subdivision Plan 40M-2171 (see Attachment 1). 2.0 BACKGROUND 2.1 Plan of Subdivision 40M-2171 was registered on October 28, 2003 and consists of 10 commercial development blocks. 2.2 On August 24, 2006, the applicant submitted a site plan approval application for a hotel and convention centre development on Block 3 of Subdivision Plan 40M-2171. Site plan approval was granted for this development proposal on January 2, 2007. 2.3 On September 25, 2006, Staff received an application from Henry Chiu on behalf of Bowmanville Hotels Inc. for the Removal of Part Lot Control with respect to Block 3 on Subdivision Plan 40M-2171. The applicant has indicated that the hotel and convention centre will each require separate land ownerships. Therefore, the applicant proposes to split Block 3 to contain the hotel and convention buildings on separate Blocks. 3.0 COMMENTS 3.1 The approval of the application would facilitate the functioning of a hotel and convention centre under separate ownerships. Staff considers that the creation of two lots as shown in Attachment 1, for the hotel and convention centre buildings conform to Clarington’s planning policies and zoning regulations. 3.2 The creation of two lots requires that the access to the property, driveway and underground servicing such as sanitary sewer, water, storm sewer and utilities be shared by the Hotel and the Convention Centre. The already granted site plan approval of the Hotel and Convention Centre development included a condition that any future land severance of this property requires a creation of easements. 3.3 Staff further recommends that in order to accommodate the removal of part lot control, the following easements are required to be created through the Region of Durham Land Division Committee: a) Cross servicing easements for underground services including sanitary sewer, water, storm sewer and utilities b) Cross access easements for circulation of vehicular and truck traffic access between both properties through a common entrance and drive way. PAGE 2 REPORT NO.: PSD-013-07 PAGE 3 3.4 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from Section 50 (5) of the Planning Act. 3.5 In accordance with the procedures established in the delegation of Part Lot Control By- laws, Planning Staff will forward to the Regional Planning Department the "Block Type and Number Summary Table" (Attachment 3) along with a copy of the Part Lot Control By-law. 3.6 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may provide a specified timeframe 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 on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. Staff recommends that the By-law be in force for a three (3) year period following Council approval, ending January 22, 2009. 4.0 RECOMMENDATIONS 4.1 It is recommended that Council approve this application and adopt the attached Part Lot Control By-law for Block 3 on Subdivision Plan 40M-2171. Attachments: Attachment 1 - Site Location Key Map and Lands Affected by Part Lot Control Removal Attachment 2 - By-law for Removal of Part Lot Control Attachment 3 - Block Type and Number Summary Table List of interested parties to be advised of Council's decision: Henry Chiu, Henry Chiu Architect SPICER SQUARE S.\I.M. POND w 0:: <( ::::> o en J Property Location Map ( Bowmanville ) .......... Zba 2006-0026 Lands Affected By Part Lot Control 35 Spicer Square -i o ;;0 eD "0 o ;4. "U~ WIl) 00 I~ ~3 WeD I :J 0_ ~...... Owner: Bowmanville Hotels Inc. Attachment 2 To Report PSD-013-07 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a By-law to exempt certain portions of Registered Plan 40M-2171 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, block 3 on Registered Plan 40M-2171; 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 Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Block 3 on Registered Plan 40M-2171 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of three (3) years ending on January 22, 2010. BY-LAW read a first time this day of 2007 BY-LAW read a second time this day of 2007 BY-LAW read a third time and finally passed this day of 2007 Jim Abernathy, Mayor Patti L. Barrie, Municipal Clerk Attachment 3 To Report PSD-013-07 PART LOT CONTROL EXEMPTION BY-LAW BLOCK TYPE AND NUMBER SUMMARY TABLE Registered Plan #': 40M-2171 By-law: RESULT OF PART LOT CONTROL EXEMPTION ON UNIT TYPE & NUMBER Block Affected Block Type & Number Results Block 3 of 40M-2171 Commercial Block (1) Commercial Blocks (2) TOTAL 1 Block 2 Blocks