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Home My WebLink AboutPSD-044-03 ., , Cl~mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Pt File #: ZBA 2003-012 6fll-lJ/~o '3 By-law #: jlaJ;i -O~1 Tuesday, April 22, 2003 Report #: PSD-044-03 Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: ORCHARD PARK ESTATES (BOWMANVILLE) INC.- BAYWOOD HOMES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PSD-044-03 be received; 2 . THAT the request for Removal of Part Lot Control with respect to Block 113 on Plan 40M-2066 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 be advised of Council's decision. Submitted by: Reviewed bY:O~~~ Franklin Wu Chief Administrative Officer Davi . Cro ,M.C.I.P.,R.P.P. Director, Planning Services L T/DJC/df 10 April 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830 631 . REPORT NO.: PSD-044-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Orchard Park Estates (Bowmanville) Inc. (Baywood Homes) 1.2 Location: Part Lot 10, Concession 2, former Town of Bowmanville (Attachment 1) 2.0 BACKGROUND 2.1 On April 8, 2003, Staff received a request from Orchard Park Estates (Bowmanville) Inc. (Baywood Homes) for the removal of Part Lot Control with respect to Block 113, Plan 40M-2066 (Attachment 2). 2.2 Draft Plan of Subdivision 18T-87057 received approval for forty-five (45) detached, sixty-six (66) semi-detached and forty-five (45) townhouse dwelling units. Registration of the draft plan was completed October 23, 2001 under Plan 40M-2066. An application for the Removal of Part Lot Control for the sixty-six (66) semi- detached and forty-five (45) townhouse dwelling units was approved by Council February 25, 2002. 2.3 The necessity of the current application is to permit the removal of Part Lot Control over Block 113 on Plan 40M-2066 to facilitate the completion of a purchase and sale agreement for the semi-detached dwelling unit as constructed. The ability to construct a semi-detached dwelling unit on Block 113 resulted from Council's approval of the rezoning application for Blocks 113 to 129 (Attachment 1) in May 2002. 2.4 Blocks 113 to 129 were originally zoned Environmental Protection (EP) to accommodate an overland flow channel. Through the development process for 638 , REPORT NO.: PSD-G44-G3 PAGE 3 the Draft Plan of Subdivision, engineering alternatives were developed that eliminated the necessity of the overland flow channel, allowing the lands to be incorporated with the surrounding residential lots. Ownership of Blocks 114 to 129 were transferred to the abutting lots within Plan 40M-2066. With the transfer of each block completed, Block 113 could then be developed for residential purposes. 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 3) to exempt the subject lands from Section 50(5) of the Planning Act. In accordance with the procedures established in the delegation of these powers, 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 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 one (1) year period following Council approval, ending April 28, 2004. 4.0 RECOMMENDATIONS 4.1 It is recommended that Council approve this application and adopt the attached Part Lot Control By-law for Block 113 Plan 40M-2066. 639 '. '-- REPORT NO.: PSD-044-03 PAGE 4 Attachments: Attachment 1 - Lots Affected by Part Lot Control Removal 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's decision: Carlos Coelho, Project Coordinator Baywood Homes, 1140 Sheppard Avenue West Unit #12 Toronto, ON M3K 2A2 '- ATTACHMEHT 1 SCOTTSDALE DRIVE ;it N ~ N71'46' 40"E / 30.600 0 0 co PLAN r...: 26619 0 0 0 cO I- 0 W 0 co W r...: 0::::: ) :\ I- Ul o~ () 0 # 0 o. 0 '" #: /-" ~Ul --.J ... --.J n XJ W - 0 0 0 ;;: Z ~ n , 0 0 ;;:; ('oJ - ('oJ n 5: n 1:0 Ul 1:0 7" 7" 1~1r.T11....~, ~15.000 18.000 18.000 18.000 15.000 ,~J 30,000 R=5.000 :::::;::::: R=5,000 7.854 Un 7.854 ~ is;;: ~ I- 0 0 059 ;;:0 0,- -a 0 0 0 60 ('oJ o ,0 ~~71 ('oJ 0 72 0 U::: Ll) -n Ll) aLl) .---J ,- n Ll) Ll) r...: N NN OJ n N r...: =:> ('oJ 1:0 n n 1:0 n ('oJ :z :z 0 N71' 48' 40"E ~ U 20.000 18.000 18. 00 18.000 20.000 0 38.000 BLOCK BLOCK 38.000 ('oJ S: n 0 0 114 129 0 0 1:0 0 0 61 0 0 73 0 0 0 0 0 ~ .---J 00 00 00 00 :z - - BLOCK BLOCK - - U::: N71' 115 128 46' 40"E <:( 38.000 BLOCK BLOCK 38.000 OJ 0 116 127 0 ('oJ 0 0 n 0 62 .0 0_ 74 on 0> 00 nO on r-. Lri ~oo 00- 0 - BLOCK BLOCK - - - N N71' 117 126 46' 40"E L- 20.000 38.000 BLOCK 37.857 25 BLOCK lJ)' 0 0 118 125 0 r--- _ 0 63 0 0 75 t':l " 0 0 0 0..... Q:- 00 00 o::i Oo'~ ~ 76' - - BLOCK BLOCK - 119 124 -' i5'6'~/'so A N71' 46' 40"E - ,,]0'" "\. 38.000 BLOCK BLOCK 29.844 Iy "'. 0 64 0 120 123 0 0 . 0 76 0 COo 0 ~~ 0 - . 0 o::i 0 :zco BLOCK BLOCK o::i .~ - on ~ '7 N71' 121 122 -46' 40"E U' 38.000 39,494 R=18.25' 56.000 ----- -'-' 14,659 tj 0 38.000 ~I o. on co N71'46' 40"E Lriz n - ZBA 2003-012 Part Lot Control Block 113, Plan 40M-2066 (Part 1 and 2, 40R-21534) Orchard Park Estates 641 , CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003-049 being a By-law to exempt a certain portion of Registered Plan 40M-2066 from Pa rt Lot Control WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Block 113, on Plan 40M-2066, registered at the Land Title 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 - Block 113 on Plan 40M-2066, 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of five (5) years ending on April 28th, 2008, BY-LAW read a first time this 28'h day of April 2003 BY-LAW read a second time this 28th day of April 2003 BY-LAW read a third time and finally passed this 28'h day of April 2003 John Mutton, Mayor , Marie Knight-Stanley, Deputy Clerk ATTACHMENT 2 , ,.... Registered Plan #: 40M-2066 By-law: Lots/Blocks Affected Block 113 Result of Part Lot Control Exemption on Unit Type and Number Unit Type and Number Links - 2 ATTACHMENT 3 an increase of 2 units 643