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HomeMy WebLinkAboutPSD-018-07 Cl~.n REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 5, 2007 Report #: PSD-018-07 File #: C-C-2006-0003 6P/~/O?;{-07 By-law #: Subject: APPLICATION FOR A 162 UNIT DRAFT PLAN OF CONDOMINIUM APPLICANT: ASPEN HEIGHTS LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-018-07 be received; 2. THAT the Draft Plan of Condominium application, submitted by Aspen Heights II Ltd. be APPROVED and that the Director of Planning Services be authorizeq to issue Draft Approval, subject to the conditions as contained in Attachment 2; 3. THAT a copy of Report PSD-018-07 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: D i . Crome, M.C.I.P., R.P.P. Direc or, Planning Services Reviewed by: () ~ - ~ Franklin Wu Chief Administrative Officer January 30, 2007 SA/CP/DJC/df/jd 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-018-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Aspen Heights Ltd. 1.2 Draft Plan of Condominium Application: To permit condominium tenure in five low-rise buildings containing 162 residential units. 1.3 Site Area: 2.732 hectares 2.0 LOCATION 2.1 The subject lands are located at 120, 124, 128, 132 & 136 Aspen Springs Drive in Bowmanville (Attachment 1). The property is contained within Part Lots 15 & 16, Concession 1, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On October 23, 2006, the owner submitted an application for condominium approval to the Municipality of Clarington to permit condominium tenure in five low-rise residential buildings containing 162 units. A site plan agreement has been entered into between the Owner and the Municipality of Clarington and construction is nearing completion on all of the five buildings. 4.0 OFFICIAL PLAN POLICIES 4.1 Durham Region Official Plan 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 Clarington Official Plan Within the Clarington Official Plan, the subject lands are designated "High Density Urban Residential". The High Density Urban Residential designation permits 61-100 units per net hectare. The application conforms to the policies. 5.0 ZONING BY-LAW CONFORMITY 5.1 The subject lands are currently within the "Urban Residential Exception (R4-24) Zone". The R4-24 zone permits a maximum of 60 units per hectare. This application would conform to the zoning provisions. REPORT NO.: PSD-018-07 PAGE 3 6.0 AGENCY COMMENTS 6.1 There were no objections from the circulation of this application. 6.2 Central Lake Ontario Conservation and Durham Region Planning Department had no objection but included in their comments 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 Draft Plan of Condominium. 7.2 Building permits have been issued for all of the five buildings, representing 162 units, and construction is advanced. 7.3 The Owner is aware that the Municipality shall require a site plan amendment to implement the conditions of draft approval contained in Attachment 2 of this report. 8.0 CONCLUSIONS 8.1 Based on comments contained in this report it is respectfully recommended that the Director of Planning Services be authorized to issue draft approval for the proposed condominium, subject to the attached conditions of draft approval contained in Attachment 2. Attachments: Attachment 1 - Condominium Plan Attachment 2 - Conditions of Draft Approval J '- ASPEN SPRINGS DRIVE Property Location Map ( Bowmanville ) 120-136 Aspen Springs Drive, Bowmanville C-C-2006-0003 Clarington Condominium Plan --I o :;:0 CD l:J o ;4. "'O~ (j)- o~ I ::J'" ~3 Q)CD I :J 0- -....J ....... Owner: Aspen Heights Ltd. Attachment 2 To Report PSD-018-07 DRAFT PLAN OF CONDOMINIUM C-C-2006-003 CONDITIONS OF DRAFT APPROVAL 1. The Owner shall have the final plan prepared on the basis of approved draft plan of condominium C-C-2006-003 prepared by J.D. Barnes Limited identified as job number 05-25-765-00, dated October 12, 2006, which illustrates 162 condominium apartment units, parking and private roadways. 2. The Owner shall agree in the Municipality of Clarington Condominium Agreement to implement the recommendation of the report, entitled "Noise Impact Study - Aspen Heights, III", prepared by Sernas Associates, which specifies noise attenuation measures for the development. The measures include the required warning clauses identified in the study. The agreement must contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda). 3. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of an 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 and driveway entrance maintenance. 4. 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 Conditions 1 and 2 were 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.