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Home My WebLink AboutPSD-030-06 CJ!Jlpn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, March 27, 2006 Report #: PSD-030-06 File #: C-C-2004-002 By-law #: Subject: DRAFT PLAN OF CONDOMINIUM APPLICATION APPLICANT: PORT OF NEWCASTLE RESERVE LTD. PART LOT 29, BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF CLARKE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-030-06 be received; 2. THAT the Draft Plan of Condominium application, submitted by Port of Newcastle Reserve Ltd. be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 2; 3. THAT a copy of Report PSD-030-06 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. Submitted by: '\ . /} Il ---0 rz Reviewed by~ ) Lt2~ ~ _--< ~nklin Wu, Chief Administrative Officer . J. Come, M.C.I.P., R.P.P. Di ector of Planning Services CS*CP*DJC*sh*df March 13, 2006 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-030-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Port of Newcastle Reserve Limited 1.2 Draft Plan of Condominium Application: To permit condominium tenure of eight (8) low-rise buildings containing a total of 36 townhouse units. 1.3 Site Area: 1.4 hectares 2.0 LOCATION 2.1 The subject lands are located at 350 Lakebreeze Drive in Newcastle Village (Attachment 1). The property is contained within Part Lot 29, Broken Front Concession in the former Township of Clarke. 3.0 BACKGROUND 3.1 In January 2005, the applicant received site plan approval for eight (8) low-rise residential buildings, totaling 36 townhouse units. The owner submitted an application for condominium approval to the Municipality of Clarington to permit condominium tenure of the buildings. Construction commenced in June 2005. 4.0 OFFICIAL PLAN POLICIES 4.1 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. 4.2 Within the Clarington Official Plan, the subject 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 condominium is for only one of three buildings and conforms to the policies. 5.0 ZONING BY-LAW CONFORMITY 5.1 The subject lands are currently within the "Urban Residential Exception (R3-22) Zone" The R3-22 zone permits the proposed development and conforms to the zoning provisions. REPORT NO.: PSD-030-06 PAGE 3 6.0 AGENCY COMMENTS 6.1 There were no objections from the circulation of this application. 6.2 The Durham Region Planning Department had no objection but included in their comments and conditions for the Condominium Conditions of Draft Approval. 7 .0 STAFF COMMENTS 7.1 A site plan agreement with the Municipality of Clarington detailing the location of buildings and landscaping features is presently registered on title. 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 objections to the approval of the application for Plan of Condominium. 7.2 The Owner is aware that the Municipality shall require a site plan amendment to implement the conditions of draft approval contained in Attachment 2 of this report. 8.0 CONCLUSIONS 8.1 Based on comments contained in this report it is respectfully recommended that revisions to the subdivision be APPROVED, subject to the attached conditions of draft approval contained in Attachment 2. Attachments: Attachment 1 - Condominium Plan Attachment 2 - Conditions of Draft Approval Interested parties to be notified of Council and Committee's decision: Port of Newcastle Reserve Limited Attachment 1 To Report PSD-030-06 : I w ~. o I .... I '" I '" _-1--1 3 I t5 I :: I ~~ "~I ~~...L -' L 0 I "'0 rOUI REGISTER REG - - -...J g:r: fR r- ED ISTERED ~~ / <:" ti 0' rPL41V - -l~ tD -l 4041 -<~-_ 0 _ I :: I '2003-Jf-;b SLOC/!; - 0 8. 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"" 'OR.";r ,:/1 -LL I~ ------~---~---- PARr I,' ~ Newcastle Key Map DiQ -J W ~ ~8 "0: SYOE AM ST. ~ Iii '" I QUEEN!. ~ VICTORIA 5T C-C-2004-002 Clarington Condominium Plan W <: :5 " '" ~ Owner: Port of Newcastle Reserve Ltd. Lake Ontario Attachment 2 To Report PSD-030-06 CONDITIONS OF DRAFT APPROVAL Part Lot 29, Broken Front Concession Former Township of Clarke File No. C-C- 2004-002 1. The Owner shall have the final plan prepared on the basis of approved Draft Plan of Condominium C-C-2004-002 prepared by J.D. Barnes Limited identified as job number 02-25-261-02, dated December 13, 2004, which illustrates eight (8) low rise buildings containing 36 townhouse units and parking facilities. 2. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of an Site Plan Agreement between the Owner and the Municipality of Clarington concerning such matters as follows: compliance with the Municipality's approved site plan in terms of refuse collection, snow storage, driveway entrance maintenance and common ownership elements. 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 is 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 to 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 Department.