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HomeMy WebLinkAboutPSD-110-06 Cl!Jl-fl1gron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Report #: PSD-110-06 File No.: C-C 2003-002 GPA' 3b'l" 00 By-law #: Date: Monday, October 2, 2006 Subject: AMENDMENT TO DRAFT APPROVED PLAN OF CONDOMINIUM APPLICATION APPLICANT: PORT OF NEWCASTLE DEVELOPMENTS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-110-06 be received; 2. THAT the Amendment to Draft Approved Plan of Condominium application, submitted by Port of Newcastle Developments Inc. be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 3; 3. THAT a copy of Report PSD-110-06 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: Reviewed bO ~-=.; e.:sLc Franklin Wu, Chief Administrative Officer ...... D i J rome, M.C.I.P., R.P.P. Director of Planning Services CS*CP*DJC*df 26 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-110-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Port of Newcastle Developments Inc. 1.2 Amendment to Draft Approved Plan of Condominium Application: To permit condominium tenure of 2 buildings containing a total of 36 residential units. 1.3 Site Area: 1.2 hectres 2.0 LOCATION 2.1 The subject lands are located at 375 & 385 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 November 2004, the applicant received site plan approval for three (3) three- storey residential buildings, each containing 18 units for a total of 54 units. The owner submitted an application for condominium approval to the Municipality of Clarington to permit condominium tenure of the first building. Draft approval for the first building was issued by the Director of Planning Services on June 20, 2005. The condominium was registered in January 2006. In November 2005, the applicant requested an amendment to draft approval for the remaining two buildings. Building permits for the two remaining buildings have been issued and construction is near completion. 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 The Clarington Official Plan, designates the subject lands Urban Residential with a Medium Density Symbol. Medium Density development shall proceed at 31-60 units per net hectare. The amendment to draft approval of the Plan of Condominum is for the remaining two buildings and conforms to the policies. REPORT NO.: PSD-110-06 PAGE 3 5.0 ZONING BY-LAW CONFORMITY 5.1 The subject lands are currently within the “Urban Residential Exception (R4-15) Zone” The R4-15 zone permits the proposed development and conforms to the zoning provisions. 6.0 STAFF COMMENTS 6.1 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 amendment to Draft Approved Plan of Condominium. 6.2 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. 7.0 CONCLUSIONS 7.1 Based on comments contained in this report it is respectfully recommended that revisions to the Plan Condominium 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 Developments Inc. [lJktlJRttZt J lJR1Vt ~~&....~~ 1: D"/If~ 61,;-" O"'l.:1;\'IO C-C-2003-0002 Clarington Condominium Plan -i o ;;0 (1) "0 o ::I- -o~ enD) 00 I ::T ~3 0(1) I :J 0- 0>.... Owner: Port of Newcastle Developments Inc. Attachment 2 To Report PSD-110-06 AMENDMENT TO CONDITIONS OF DRAFT APPROVAL PART LOT 29, BROKEN FRONT CONCESSION FORMER TOWNSHIP OF CLARKE FILE NO.: C-C- 2003-002 1 . The Owner shall have the final plan prepared on the basis of approved Draft Plan of Condominium C-C-2003-002 prepared by J.D. Barnes Limited identified as job number 02-25-260-00 dated September 14, 2002 and revised September 26, 2006, which illustrates two three:-storey buildings containing 36 residential 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 the 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,.