HomeMy WebLinkAboutDTS-06-137 - Change To Council Policy Resolution - Policy Number I-1075, Part Lot Control Exemption By-Laws
J
Development &
Technical Services
Report To:
Date of Meeting:
Development and Technical Services Committee
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
September 18, 2006
JeffWillmer, Director of Planning (519-741-2325)
Sheryl Rice, Zoning Officer (519-741-2844)
All Wards
September 11, 2006
DTS 06-137
CHANGE TO COUNCIL POLICY RESOLUTION
POLICY NUMBER 1-1075
PART LOT CONTROL EXEMPTION BY-LAWS
RE: EXPIRY DATE OF BY-LAW
RECOMMENDATION:
That Council Policy Resolution (Policy Number 1-1075 Part Lot Control Exemption By-laws),
Policy Content No.2 be deleted and replaced with the following:
"2. That under authority granted to municipalities in accordance to Section 50 (7.1) of the
Planning Act, RSO, 1990, c P13 as amended, the expiration time of the By-law exempting
undeveloped residential lots or blocks within a registered plan of subdivision from Part Lot
Control is set at two years from the date of enactment of said By-law by City Council. There
shall be no expiration date for By-laws exempting lots which are developed on the date the by-
law is passed. Developed lots shall be defined as lots that have services in place, have a
building permit issued for the main building, and have the foundation in place."
BACKGROUND:
Current Council Policy states that Part Lot Control Exemption By-laws will expire after two years
from the date of enactment by City Council. If the owner of the property applies to the City's
Legal Department for renewal of the By-law before it expires, an application is submitted to the
Legal Department and no planning approval is required. If the by-law expires the owner is
required to re-apply for Part Lot Control Exemption. No external circulation is required, but a
zoning analysis is completed.
REPORT:
The above noted procedure is effective for undeveloped lots. If the zoning regulations change
between the time the lot is created and before a building permit is issued, we can identify any
deficiencies and require minor variance approval before Part Lot Exemption can be reapplied
and new development can occur.
However, in regards to lots that are already developed, this process is found to be ineffective
and administratively cumbersome. The properties were developed and met the regulations at
the time of building permit issuance, therefore meeting the intent of the Zoning By-law.
Requiring a new Part Lot Control application is considered redundant as Zoning regulations
where met for the use as developed.
FINANCIAL IMPLICATIONS:
No capital financial implications. There will be some reduced revenue received from renewal
applications for Part Lot Control Exemption, but also less staff time devoted to administering the
re-approval and/or re-registration of such by-laws.
COMMUNICATIONS:
No circulation required.
CONCLUSION:
In consideration of the foregoing, staff recommend that Part Lot Control Exemption By-laws, for
developed lots only, not be subject to an expiry date of two years.
Sheryl Rice, CPT
Zoning Officer
Jeff Willmer, MCIP, RPP
Director of Planning
List of Attachments
Current Policy 1-1075
2
COUNCIL POLICY RESOLUTION
POLICY NUMBER: 1-1075
DATE: AUGUST 13, 1990
amended: JUNE 15, 1995
amended: MAY 27,2002
POLICY TYPE: LAND USE PLANNING
SUBJECT: PART LOT CONTROL EXEMPTION BY-LAWS
POLICY CONTENT:
1. That in the future, all applications for Part Lot Control Exemption By-laws
related to the creation of residential lots with a registered plan of
subdivision covered by a registered subdivision agreement or applications
which are being recommended for approval by the Development and
Technical Services Department without any conditions or agreements
associated therewith, be scheduled on Council's Agenda for by-law
enactment without the necessity of a report being firstly considered by the
Committee of the Whole. Upon receiving directions from the Development
and Technical Services Department that the application is acceptable and
no conditions are required, the City Solicitor shall prepare the necessary
Exemption By-law and advise the General Manager of Corporate Services
& City Clerk of its particulars for Council's Agenda.
2. That under the authority granted to municipalities in accordance to Section
50 (7.1) of The Planning Act, RSO, 1990, c. P13 as amended, the
expiration time of the By-law exempting residential lots or blocks within a
registered plan of subdivision from Part Lot Control be set at two years
from the date of enactment of said By-law by City Council.
KITCHENER
Page 1 of 1
MAY 2002