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HomeMy WebLinkAboutPSD-098-06 .' Clwil]glOn REPORT PLANNING 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 #: 6PA - 33~-Ob 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. Submitted by: Da d Crame, M.C.I.P., R.P.P. Director, Planning Services Reviewed bY:c:.) 1....9-(J2 ~ . 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 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 - single detached dwelling and accessory buildings South - single detached dwellings East - single detached dwellings West - 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 was given by mail to each landowner within 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, St. Stephen’s Estates Inc. REPORT NO.: PSD-098-06 INTERESTED PARTIES LIST Name Address City Province Company Postal Code 4891 Dundas Street West, Etobicoke, ON John Perdue Legends Consulting Suite # 3, M9A 1B2 Domenic Porretta St. Stephen’s Estates 115 Woodstream Blvd., Woodbridge, ON Inc. Unit 13, L4L 8K5 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.