HomeMy WebLinkAboutPSD-103-05
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
September 6, 2005
Report #: PSD-103-05
File #: ZBA2005-029
By-law #:
Subject:
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: EVENTEL ENTERPRISES INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-103-05 be received;
2. THAT the request for removal of Part Lot Control with respect to Lots 1 to 9, inclusive
on 40M-2094 be APPROVED and that the attached Part Lot Control By-law be passed
pursuant to Section 50 (7.1) of the Planning Act; and
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:
avO J. Crome, M.C.I.P., R.P.P.
Director of Planning Services
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eVlewe y:
Franklin Wu
Chief Administrative Officer
SAlCP/DJC/df
August 4, 2005
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905) 623-3379 F (905) 623-0830
1.0 APPLICATION DETAILS
1.1 Applicant: Eventel Enterprises Inc. (Boaz Feiner)
1.2 Location: Dadson Drive, Bowmanville
1.3 Part Lot Control Removal: Lots 1-9, inclusive, 40M-2094 (Attachment 1).
2.0 BACKGROUND
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2.1 On June 20, 2005, Staff received a request from the owners of the above-noted
properties for the removal of part lot control with respect to Lots 1-9, inclusive, 40M-
2094.
2.2 In 2003 the owner at that time, Penwest Development Corp. Ltd., applied for and
received approval for an amendment to draft approval to change semi-detached/link lots
to single detached lots. A zoning amendment accompanied the amendment to draft
approval, changing the zoning on the subject lots from “Urban Residential Type One
(R1)” to “Urban Residential Type Two (R2)”, which permits single detached dwellings on
lots with 12.0 metre frontages. A Part Lot Control application also received approval for
Lots 1-9 on 40m-2094 enabling the construction of single detached lots on a registered
plan that depicted 18.0 metre semi-detached/link lots.
2.3 As no dwellings have been constructed, the current owner, Eventel Enterprises Ltd. is
seeking to re-apply for the removal of Part Lot Control to facilitate the development of
thirteen 12.0 metre single detached dwellings as was previously approved in October
2003.
2.4 By-law 2003-157, a by-law to remove part lot control on Lots 1-9 of 40M-2094 expires
November 20, 2005. As such, staff would recommend that this current application for a
new part lot control by-law be dated to begin on November 21, 2005.
3.0 COMMENTS
3.1 The Planning Act gives authority to a Municipality to remove part lot control in a plan of
subdivision to permit a person to convey a part of any lot or block of land.
3.2 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.
3.3 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 "Unit Type and
Number Summary Table" (Attachment 3) along with a copy of the Part Lot Control By-law.
4.0 RECOMMENDATION
REPORT NO.: PSD-103-05 PAGE 3
4.1 It is recommended that Council approve this application and adopt the attached Part Lot
Control By-law for Lots 1-9, inclusive on Plan 40M-2094.
4.2 Staff recommends that the By-law be in force for a five (5) year period, beginning
November 21, 2005, ending November 21, 2010.
Attachments:
Attachment 1 – Key Map
Attachment 2 – By-law for Removal of Part Lot Control
Attachment 3 – Unit Type and Number Summary Table
Interested parties to be notified of Council and Committee's decision:
Boaz Feiner
C/o Eventel Enterprises Inc.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-
Being a by-law to exempt a certain portions of Registered Plan 40M-2094 from Part Lot
Control.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to exempt from Part Lot Control, Lots 1-9, of 40M-2094, registered at the Land Titles Division
of Whitby.
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) Lots 1-9 of 40M-2094.
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be force
for a period of five (5) years, beginning November 21, 2005 and ending on November
20, 2010.
BY-LAW read a first time this day of 2005.
BY-LAW read a second time this day of 2005.
BY-LAW read a third time and finally passed this day of 2005.
____________________
MAYOR
_____________________
CLERK
REPORT NO.: PSD-103-05 PAGE 5
PART LOT CONTROL EXEMPTION BY-LAW
UNIT TYPE AND NUMBER SUMMARY TABLE
Registered Plan 40M-2094
File: ZBA2005/029
Lots/Blocks Affected Unit Type & Number Results
Lot 1 One Single detached dwelling Reduction of 1 unit
Lot 2 One Single detached dwelling No change
Lot 3 One Single detached dwelling Reduction of 1 unit
Lot 4 One Single detached dwelling No change
Lot 5 One Single detached dwelling Reduction of 1 unit
Lot 6 One Single detached dwelling No change
Lot 7 One Single detached dwelling Reduction of 1 unit
Lot 8 One Single detached dwelling No change
Lot 9 One Single detached dwelling Reduction of 1 unit
TOTAL
13 Units Reduction of 5 units
REPORT NO.: PSD-103-05 PAGE 6
Mr. Boaz Feiner
C/o Eventel Enterprises Inc.
3190 Steeles Avenue East, #300
Markham, Ontario
L3R 1G9