HomeMy WebLinkAboutPSD-086-02
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CJNilJgton
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, September 9, 2002 V/ ~
PSD-086-02 File #: ZBA 2002-018
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By-law #: JtlO,;2 -Ic;i )
Report #:
Subject:
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: EIRAM DEVELOPMENT CORPORATION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1, THAT Report PSD-086-02 be received;
2, THAT the request for removal of Part Lot Control in respect of Block 141 on Plan
40M-1776 be APPROVED and the attached Part Lot Control By-law be adopted;
3, THAT a copy of the By-law and Report PSD-086-02 be forwarded to the
Regional Municipality of Durham for their information; and
4, THAT all interested parties listed in this report, any delegation and the Regional
Municipality of Durham Planning Department be advised of Council's decision,
S"bm;tled by' ~
Da id ,Crome, M,C,I.P"R.P,P,
Director, Planning Services
Reviewed bY()~ -.....:> ~
Franklin Wu
Chief Administrative Officer
RH*L T*DC*sh
August 29,2002
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILlE, ONTARIO l1C 3A6 T (905)623-3379 F (905)623-0830
691
. ,
REPORT NO.: PSD-086.02
PAGE 2
1.0 APPLICATION DETAILS
1,1 On June 3, 2002, Staff received a request from Eiram Development Corporation
for the removal of Part Lot Control with respect to Block 141 in Plan 40M-1776,
which was formerly draft plan of subdivision 18T-89041, This property is located
in Part Lot 9, Concession 2, former Town of BowmanvilJe (see Attachment 1).
More specifically, the property is located between the existing houses fronting on
Maxwell Court and a future public school on Longworth Drive in north
Bowmanville,
1,2 When draft plan of subdivision 18T-89041 for Eiram Development Corporation
was approved, Block 141 as shown on the registered plan was intended to meld
with the adjacent future school block located south of the subdivision,
Subsequently, when draft approval for the lands to the south under draft plan of
subdivision 18T-99018 - Lizjan Developments Inc" was granted, the draft
conditions noted the requirement of the school block developing with the
adjacent Block 141 in the Eiram (Melody Homes) subdivision,
When the subdivision agreement was being prepared for the Lizjan Development
Inc, lands, the public school board declined its option on Block 141, noting they
had no interest at this time in acquiring the property.
1,3 The removal of Part Lot Control would enable Block 141 to be divided into
smaller parcels to be transferred to the abutting residential properties fronting on
Maxwell Court (see Attachment 2), These resident's would benefit from the
deeper lots that would be created,
1,4 Block 142 within the Eiram draft plan of subdivision 18T-89041 is located east of
Block 141 and has frontage on Rickaby Street. With the approval of the Lizjan
draft plan of subdivision to the south, Block 142 will be melded with a block within
the Lizjan lands to create a building lot. Block 141 would then become
landlocked as a result of the school board declining its option on Block 141, The
692
REPORT NO.: PSD-086.02 PAGE 3
proposal to transfer these lands to the abutting residential landowners will
alleviate this potential problem,
1,5 A total of nine (9) property owners fronting Maxwell Court will benefit from the
transactions, At the request of Staff, the applicant agreed that all costs
associated with the transfers, including the land, legal fees and surveying costs
would be borne by the developer. In addition, the developer from the Eiram
subdivision will install the chain link fencing as required in the subdivision
agreement along the southerly limits of each property.
Staff received signed copies of letters between the developer's consultant and
each properly owner agreeing to the transfers as proposed,
2.0 STAFF COMMENTS
2,1 Staff have no objection to the approval of the By-law exempting the subject lands
from Part Lot Control. Approval of the application provides affected residents
with larger properties while alleviating the problem of creating a landlocked
parcel.
2,2 Attached is a By-law to exempt the subject lands from Section 50(5) of the
Planning Act. The Part Lot Control By-law requires the approval of Council.
2,3 The By-law may provide a specified timeframe during which the By-law shall be
in force so that it is not necessary to pass a second By-law to restore Part Lot
Control. Staff recommend that the By-law be in force for a one (1) year period
following Council approval ending September 16, 2003.
3.0 CONCLUSION
3,1 It is recommended that Council approve the attached by-law to exempt the
subject lands from Part Lot Control for a period of one year,
693
REPORT NO.: PSD-086-02
PAGE 4
Attachments
Attachment 1 - Key Map
Attachment 2 - Lands to be Transferred
Attachment 3 - By-law for Removal of Part Lot Control
Interested parties to be notified of Council and Committee's decision:
Mario Cortellucci
Eiram Development Corporation
2800 Highway 7 West
CONCORD, Ontario
L4K 1 W8
Robert Filipuzzi
Valdor Engineering Inc,
26 Chrislea Road, Suite 501
WOODBRIDGE, Ontario
L4L 8S5
694
"
LOT 9 '
MAXWELL COURT
Block 141
40M-1776
Eiram
Development
Corp.
Block 139
40M-2096
Lizjan
Developments
Inc.
Note: Block 142, 40M-1776
and Block 139, 40M-2096
to be Melded for Future
Building Lot
Block 140
40M-2096
Lizjan Developments Inc.
Public School Site
LONGWORTH AVENUE
_ Subject Site
Block 141, Plan 40M-1776
Bowmanvllle Key Map
695
ATTACHMENT 1
Block 142
40M-1776
Eiram
Development
Corp.
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ATTACHMENT 2
P1.AH OF SURVEY OF
BlOCK 141
REGISTERED PLAN 40M-1776
MUNICIPALITY OF CLARINGTON
REGIONAl MUNICIPAliTY OF OURHAM
LOT 94
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CONCESSION 2
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Bowmanvllla Kay Map
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CONCESSION
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Lands to be Transferred
Block 141, Plan 40M-1776
Owner: Eiram Development Corp.
696
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY,LAW NUMBER 2002,
being a by,law to exempt a certain portion of Registered Plan 40M,1776 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 141 on Plan 40M,1776, registered at
the Land Titles Division of Durham.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enact 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 141 on Registered Plan 40M-1776 ,
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be
in force for a period of one (1) year ending on September 16, 2003,
BY-LAW read a first time this
day of
2002
BY-LAW read a second time this
day of
2002
BY-LAW read a third time and finally passed this
day of
2002
John Mutton, Mayor
Patti L. Bame, Municipal Clerk
ATTACHMENT 3