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Home My WebLink AboutPSD-012-07 Clw:pn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 22, 2007 Report #: PSD-012-07 File #: ZBA 2004-002 6Pr1 - 03L(-07 By-law #: d- (JD7 - 6 ( to Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: ST. STEPHEN'S ESTATES INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-012-07 be received; 2. THAT the request for Removal of Part Lot Control with respect to Block 81 on Plan 40M-2048 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 and any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Davi . Crome, M.C.I.P., R.P.P. Director, Planning Services c)--. ~~i~_S1\. Reviewed by: Franklin Wu Chief Administrative Officer 10 January 2007 BR/CP/DJC/df 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-012-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: St. Stephen’s Estates Inc. 1.2 Location: 243-277 Sprucewood Crescent, Part Lot 8, Concession 2, former Town of Bowmanville (Attachment 1). 2.0 BACKGROUND 2.1 On January 20, 2004, Staff received an application for proposed plan of subdivision S- C-2004-001, and a request for the Removal of Part Lot Control with respect to Block 81 on Plan 40M-2048 (Attachment 1). The subdivision application together with the Part Lot Control application originally proposed to create nine townhouses fronting on Sprucewood Crescent, while the subdivision application created the parcels internal to Block 81 for townhouse units through the Removal of Part Lot Control application. After lengthy discussions with staff the subdivision application was withdrawn in favour of application for site plan approval and proposed plan of condominium. 2.2 Application for site plan approval was submitted March 21, 2005. This application incorporated all the lands within Block 81 and proposed 40 townhouse units and a central, common amenity area. Site Plan approval was issued on July 20, 2006. Council considered and approved the Plan of Condominium application on September 25, 2006. 2.2 The Removal of Part Lot Control application (ZBA 2004-002) was kept open since the proposed plan of condominium was for a common elements condominium, thereby, leaving the townhouses and their related yards as freehold properties. The division of portions of Block 81 into 40 freehold lots will be accomplished through consideration of the subject Removal of Part Lot Control application. 3.0 COMMENTS 3.1 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. 3.2 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. 3.3 Staff recommends that the By-law be in force for a two (2) year period following Council approval, ending January 31, 2009. REPORT NO.: PSD-012-07 PAGE 3 4.0 RECOMMENDATIONS 4.1 It is recommended that Council APPROVE this application and ADOPT the attached Part Lot Control By-law for Block 81 on Plan 40M-2048. 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 - Unit Type and Number Summary Table List of interested parties to be advised of Council's decision: John Perdue Domenic Porretta ~ART 2 I ~LAN 40R- rf'ART 1 LOT 8, CONCESSION 2 J [lit.. TI" G AGlIl C U L TU II [ V/~//0v.::~M~~~~~;:ij~ ~ ~M'Y:;,,/~;4/: //'iV;;ty ~V/ ,?FYX/A. ~ ~ I V~,A")If?: {,,~~ %!;~~ ~~~~~ ~~ -1 /%yV~. s ~ ~ / / )" L~y ~ K / /), 7> /' )17 ~/ / / IV /lLL l' "~~.v / /1 N gB ~/ / .v~ VV /. / ~ ~LLLf:;o<--/r/r7'---:I ~I"'V/: / / ,~I/ /... 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LK ...dlL !:Hl ~ o .. o '" SPRUCEWOOD CRESCENT Property Location Map ( Bowmanville ) w :::> :::;;; w ~ UJ z n:: <( w :::;;; MADDEN PLACE [F!Hj MADDEN PLACE ZBA 2004-0002 17771 Block Affected By ~ Part Lot Control Removal Block 81, 40M-2048 -I o ;;0 CD "0 o ~)> "1J~ Cf)Ql og. 63 ......CD I\.)::J I r+ ~...... Owner: St. Stephen's Estates Inc. Attachment 2 To Report PSD-012-07 Cl!J!Jl1gtnn REPORT PLANNltlG SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 18, 2006 Report #: PSD-098-06 File #: C-C-2006-0002 By-law #: Subject: APPLICATION FOR A PLAN OF CONDOMINIUM APPLICANT: ST. STEPHEN'S ESTATES INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to. Council the following: 1. THAT Report PSD-098-06 be received; 2. THAT the Draft Plan of Condominium application, submitted by St. Stephen's Estates Inc. be APPROVED and the Director of Planning Services be authorized to issue Draft Approval under The Planning Act, subject to the conditions as contained in Attachment 2; 3. THAT a copy of Report PSD-098-06 be forwarded to the Durham Region Planning . Department; and 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Reviewed bY:c) ~~~ · Franklin Wu Chief Administrative Officer CS/BR/CP/DJC/df 12 September 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 608 REPORT NO.: PSD-098-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: St. Stephen's Estates Inc. 1.2 Draft Plan of Condominium Application: To permit 40 townhouses in a Common Elements Draft Plan of Condominium 1.3 Site Area: 1.464 hectares (3.618 acres) 1.4 Condominium Plan Area: 0.450 hectares (1.112 acres) 2.0 LOCATION 2.1 The subject lands are located at 253 Sprucewood Crescent, Bowmanville (Attachment 1), more specifically identified as Block 81 in 40M-2048, being in Part Lot 8, Concession 2 in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On July 20, 2006, the applicant received site plan approval for forty (40) townhouse units. The owner has submitted application to the Municipality of Clarington to permit common element condominium for the private streets and the parkette. Building permits are currently under review by the Building Division. 4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 4.1 The subject property is a vacant block (81) in Plan of Subdivision 40M-2048 registered on June 27, 2001. The subject property is adjacent to Mearns Avenue and has frontage on Sprucewood Crescent. A single access point is approved from Sprucewood Crescent only. 4.2 Surrounding Uses: North - South - East - West - single detached dwelling and accessory buildings single detached dwellings single detached dwellings vacant, cultivated crops 5.0 OFFICIAL PLAN POLICIES 5.1 The lands are designated "Living Area" within the Durham Region Official Plan. The goal of the Living Area designation is to provide a full range of housing. The application appears to conform. REPORT NO.: PSD-098-06 PAGE 3 5.2 Within the Clarington Official Plan, the lands are designated Urban Residential with a Medium Density Symbol. Medium Density development shall proceed at 31-60 units per net hectare. The application for plan of condominum conforms to the policies. 6.0 ZONING BY-LAW CONFORMITY 6.1 The block is currently within the "Urban Residential Type Three (R3) Zone". The R3 zone permits the proposed development which conforms to the zoning provisions. 7.0 PUBLIC MEETINGS 7.1 Public Notice vv'as given by mail to each landovmer \Nithin 120 metres of the subject site. A Public Meeting sign was installed on each of the two frontages, Mearns Avenue and Sprucewood Crescent. 7.2 As of the writing of this report, there was one telephone inquiry regarding the application. The caller wanted to know the purpose of the application. It was explained the application concerned tenure and not physical development which was already approved through site plan control. No objection to the application was voiced. 8.0 AGENCY COMMENTS 8.1 Comments were received from a number of agencies through the site plan approval process prior to issuing site plan approval. In addition the application for condominium was circulated to a limited number of agencies. 8.2 The Engineering Services Department has no concerns. Verbal discussions with Durham Region Planning have advised there are no concerns. 9.0 STAFF COMMENTS 9.1 A site plan agreement with the Municipality of Clarington detailing items such as the location of buildings, private streets, parking spaces and landscaping features has been executed by the applicant. The site plan agreement also covers financial matters, including development charges and performance guarantees for landscaping and engineering works. The appropriate Letters of Credit were obtained from the Owner for these performance guarantees. This property is also within a registered plan of subdivision and the appropriate parkland dedication was made through the plan of subdivision. Staff has no objection to the approval of the application for Plan of Condominium. 9.2 The services have been installed and the private roads have been paved. REPORT NO.: PSD-098-06 PAGE 4 9.3 The Owner is aware that the Municipality shall require a site plan amendment to implement the Conditions of Draft Approval contained in Attachment 2. The Owner has reviewed the attached conditions and concurs with them. 10.0 CONCLUSIONS 10.1 The purpose of the report is to both satisfy the requirements for a Public Meeting under the Planning Act, and based on comments contained in this report, also to respectfully recommend that the Draft Plan of Condominium application, submitted by St. Stephen's Estates Inc. be APPROVED, subject to the attached Conditions of Draft Approval contained in Attachment 2. Attachment 1 - Key Map - Condominium Plan Attachment 2 - Conditions of Draft Approval Interested parties to be notified of Council and Committee's decision: John Perdue, Legends Consulting Domenic Porretta, S1. Stephen's Estates Inc. W~ :::>< z WID > <C Ul .... a -' z ~ (/)m Z ~tJ <Cz W~ ~~ < PART 2 r PLAN 40R- '-pART 1 LOT 8. CONCESSION 2 11111'"'' "."IOUL,,"'1 '" " z \! CX) CX) gS ffi~ U- ~ o '" SPRUCEWOOD CRESCENT ~ r:. I- o ...J N " I- g o PART 1 ..-,'" ,,~ 1--"'_ I- PART 2 o .J '<t PART 3 ", I- - 1-'" PART 4 O~ .J 1!)40M-2048 " PART 5 ~- I-Z . 0 ~ PART 6 .In. o 7." co i~a 1i~1- . 0 ...J Property Location Map ( Bowmanville ) C-C-2006-0002 C'larington Condominium Plan f2ZI Common Elements Owner: St. Stephen's Estates Inc. -l o :::0 CD "0 o ::l.)> \J:::: Cf)Q) 00 I ::r 03 <OeD co:::l '- ~~ Attachment 2 To Report PSD-098-06 CONDITIONS OF DRAFT APPROVAL DRAFT PLAN OF CONDOMINIUM C-C-2006-0002 1 . The Owner shall have the final plan prepared on the basis of approved Draft Plan of Condominium C-C-2006-0002 prepared by Donevan Fleischmann Petrich Ltd., identified as Job Number 2005-052-1, which illustrates the Common Elements of the St. Stephen's Estates Block 81 Townhousing Complex, namely: the private streets, the parkette and the visitor parking areas. 2. The Owner shall agree to amend the existing Site Plan Agreement with the Municipality of Clarington to address all matters, financial and otherwise, and to ensure that all works on site are completed to the satisfaction of the Municipality of Clarington. All matters shall include, among other matters, the execution of an Amendment to the Site Plan Agreement between the Owner and the Municipality of Clarington concerning such matters as follows: permitting the northerly extension of the east private street, if deemed to be required by the Municipality of Clarington, to service the remaining lands of the neighbourhood (to the north), and maintenance of the common elements of the private streets, the parkette and the visitor parking areas. 3. Prior to final approval of this Plan .of Condominium for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) Durham Region Planning Department, how Condition 1 was satisfied. NOTES TO DRAFT APPROVAL 1. As the Owner of the proposed condominium, it is your responsibility to satisfy all of the Conditions of Draft Approval in an expeditious manner. The Conditions of Draft Approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval may be withdrawn at any time prior to final approval. 2. All Plans of Condominium must be registered in the Land Titles system within the Regional Municipality of Durham. 3. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 4. At such time as the draft approval is in effect, the Owner is required to provide digital copies of the draft approved plan and Conditions of Draft Approval to the Region of Durham Planning Department and the Municipality of Clarington Planning Services Department. Attachment 3 To Report PSD-012-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a By-law to exempt a certain portion of Registered Plan 40M-2048 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 81 on Plan 40M-2048, registered at the Land Titles Division of whimy; 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 81 on Plan 40M-2048. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of two (2) years ending on January 29, 2009. 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 Abernethy, Mayor Patti L. Barrie, Municipal Clerk Attachment 4 To Report PSD-012-07 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan #: 40M-2048 By-law: APPROVED Lots/Blocks Result of Part Lot Contrql Affected Unit Type and Number Exemption on Unit Jvpe ~ijd Number Block 81 Townhouse units - 40 No increase in units Total Units - 40 No increase in units