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Report To: Planning and Development Committee
Date of Meeting: June 4, 2018
Report Number: PSD -044-18 Resolution Number: PD -113-18
File Number: C -C-2018-0003 By-law Number:
Report Subject: An Application by Holland Homes Inc. to Create a Common Elements
Plan of Condominium at 35 Hanning Court, Bowmanville
Recommendations:
1. That Report PSD -044-18 be received;
2. That provided there are no significant objections to the application during the public
meeting that the Draft Plan of Condominium application submitted by Holland Homes Inc.
be supported, subject to the conditions substantially as contained in Attachment 1;
3. That the Durham Region Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD -044-18
and Council's decision; and
4. That all interested parties listed in Report PSD -044-18 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD -044-18
Report Overview
Page 2
Holland Homes Inc. has submitted a Proposed Plan of Condominium application to create a
common elements plan of condominium at the southeast corner of Liberty Street North and
Concession Road 3 in Bowmanville. The physical design of the 8 townhouse units and the
space around them was approved through Site Plan SPA2016-0008. Provided there are no
significant objections to the application during the public meeting, Staff recommend that the
Draft Plan of Condominium application submitted by Holland Homes Inc. be supported, and
that the Director of Planning Services issue Draft Approval, subject to the conditions
substantially as contained in Attachment 1 of this report.
1. Application Details
1.1. Owner/Applicant
1.2. Agent:
Holland Homes Inc.
Katrina Metzner
1.3. Proposal: Application for Draft Plan of Condominium — Common
Elements to permit a private street, 4 visitor parking spaces,
water meter room, sidewalk, and landscaped areas, allowing
for the development of eight townhouse units.
1.4. Area: 0.28 hectares.
1.5. Location: 35 Hanning Court, Bowmanville at the southeast corner of
Concession Road 3 and Liberty Street North.
1.6. Roll Number: 18-17-020-060-08775
1.7. Within Built Boundary: Yes
Municipality of Clarington
Report PSD -044-18 Page 3
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Figure 1: Context of Subject Site
2. Background
2.1. The subject land is Block 134 of Registered Plan of Subdivision 10M-840 in the Fenwick
Planning Neighbourhood of Bowmanville. Since the time of the registration and building
out of the North-East Bowmanville subdivision starting in 1991, Block 134 remained
undeveloped. The surrounding residential subdivision consists of both townhouse and
link dwellings. The subject property was zoned "Urban Residential Type Three (R3)"
which allows townhouse units at the time of draft approval.
2.2. On May 2, 2016, the Planning Services Department received an application for Site
Plan Approval to permit the development of 8 townhouse units. Through the site plan
review process, two zoning deficiencies were identified. In March of 2017, the
Committee of Adjustment approved an application to reduce the minimum required
interior side yard setback from 4.5 metres to 3 metres and reduce the minimum required
exterior side yard setback from 6 metres to 2.58 metres. No appeals were received.
After the review of four full Site Plan submissions, the Site Plan was approved on
September 18, 2017 (See Figure 2).
2.3. On March 29, 2018, Holland Homes Inc submitted an application for a common
elements Draft Plan of Condominium. The physical design of the 8 townhouse units and
the space around them was approved through Site Plan SPA2016-0008.
Municipality of Clarington
Report PSD -044-18
Page 4
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Figure 2: Site Plan
2.4 Approval of the Plan of Condominium is delegated to the Director of Planning Services.
Approval of the proposed Common Elements Plan of Condominium will create all the
shared or comment aspects of the condominium. Separate applications will be required
in the future for the removal of Part Lot Control to create the Parcels of Tied Lands
(P.o.T.Ls) for each of the eight townhouse lots.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is currently a vacant lot at the south-east corner of Liberty Street
North and Concession Road 3 in Bowmanville. The lot is identified as Block 134 within a
previously registered plan of subdivision (10M-840) in the Fenwick Planning
Neighbourhood in Bowmanville. A site servicing permit has been issued and building
permits for the 8 townhouse units are currently under review by the Planning Services
Department.
Municipality of Clarington
Report PSD -044-18
3.2 The surrounding uses are as follows:
North - Trees and Agricultural Field
South - Existing Residential Townhouse Development
East - Existing Residential Townhouse Development
West - Existing Residential and Commercial Development
4. Provincial Policy
Provincial Policy Statement
Page 5
4.1 The subject lands are within the Bowmanville "Settlement Area". Settlement Areas shall
encourage opportunities for intensification and redevelopment where this can be
accommodated taking into consideration the existing character of the neighbourhood
and existing infrastructure and public service facilities. The application is consistent with
the Provincial Policy Statement.
Growth Plan
4.2 The subject lands are located within the built-up area of Bowmanville. A significant
portion of new growth is to be directed to the built-up areas through intensification
where existing municipal water and wastewater services are or will be available. The
application is consistent with the Growth Plan.
5. Official Plans
Durham Regional Official Plan
5.1 The Durham Regional Official Plan designates the subject lands as "Living Areas". The
proposal conforms to the Durham Regional Official Plan.
Clarington Official Plan
5.2 The subject property is designated "Urban Residential" within the Clarington Official
Plan. The townhouse use conforms with the intent of the Clarington Official Plan. Both
Liberty Street and Concession Road 3 are designated Type B Arterials and are both
Local Corridors. Local Corridors require a minimum density of 40 units per hectare,
dwelling unit heights between 2 and 6 storeys, and predominant housing form to be
mixed-use buildings, apartments and/or townhouses.
5.3 The townhouse development was subject to site plan approval, including the taking of
appropriate securities through the registered site plan development agreement. The
conditions of draft approval requested by Durham Region are included in Conditions of
Draft Approval for the Plan of Condominium contained in Attachment 1.
Municipality of Clarington
Report PSD -044-18 Page 6
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands "Urban Residential Type Three (R3)". The
"R3" zone allows the townhouse units. Further, through the site plan review process,
two zoning deficiencies were identified. In March of 2017, the Owners received
approval, with no appeals from the Committee of Adjustment to reduce the minimum
required interior side yard setback and reduce the minimum required exterior side yard
setback. The use and siting of the proposed townhouse dwelling units conform to
Zoning By-law 84-63.
7. Public Notice and Submissions
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
lands on May 15, 2018. Public meeting signs were installed on the property, fronting
onto Concession Road 3, Hanning Court and Liberty Street North, on May 17, 2018.
Figure 3: Public Notice Sign
7.2 At the time of finalizing this report staff had been contacted by one neighbouring
resident. The neighbour expressed concerns over fencing running along the easterly
boundary of the subject site being impacted by recent construction. Although grading on
site appears well set back from the property line, the Owner is working directly with the
affected neighbour to come to a reasonable and agreeable solution to the concern.
Municipality of Clarington
Report PSD -044-18
8. Agency Comments
Regional Municipality of Durham
Page 7
8.1 On May 22, 2018 Staff received comments from the Regional Municipality of Durham
indicating that the application for Draft Plan of Common Elements Condominium
conforms to the policies of the Regional Official Plan and Provincial Policy. The Region
has no objections to the approval of this application, subject to a number of conditions
of Draft Approval (see Attachment 1).
9. Departmental Comments
Clarington Engineering Services Department
9.1 The Clarington Engineering Services Department has no objections to the approval of
this application.
Clarington Building Division
9.2 The Clarington Building Division has no concerns with this application. A building permit
is required. For information regarding the building permit requirements, the applicant
must contact the Building Division.
Clarington Emergency and Fire Services Department
9.3 Clarington Emergency Services has no fire safety concerns with this application.
10. Discussion
10.1 The proposed Draft Plan of Condominium will establish a common elements
condominium for the private street; 8 visitor parking spaces; a water meter room;
sidewalk; and landscaped area. Each townhouse unit and surrounding parcel of tied
land (P.o.T.L.) will eventually be freehold, meaning each townhouse unit can be bought
and sold individually, while having a shared common interest in the above-mentioned
common elements, through the condominium.
10.2 This townhouse project is only approximately 70% of the density required for Local
Corridors. As a small remnant parcel on a cul-de-sac, it is difficult to achieve 40 units
per hectare. The built form is consistent with the Local Corridor designation. The
application conforms to the intent of the Official Plan.
Municipality of Clarington
Report PSD -044-18
11. Conclusion
Page 8
Based on the comments contained in this report, it is respectfully recommended that the
Director of Planning Services be authorized to issue draft approval for the proposed
plan of condominium, subject to the conditions of draft approval contained in
Attachment 1. An amendment to the Site Plan Development Agreement will be
prepared if any of the Draft Approval Conditions requires inclusion in a registered legal
agreement.
12. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan. The
proposal supports a variety of affordable mixed housing types and community design
attributes that support our residents at every stage of life and across all abilities.
Submitted by:
David J. Crome, MCIP, RPP
Director of Planning Services
Reviewed by:
Andrew C. Allison, B. Comm, LL.B
Chief Administrative Officer
Staff Contact: Amanda Tapp, Planner II, 905-623-3379 ext. 2420, or atapp clarington.net
The following is a list of the interested parties to be notified of Council's decision:
Katrina Metzner, Holland Home Inc.
AT/CP/n1
hIDepartment\LDO NEW FILING SYSTEM\Application Files\CC-Condominium\2018\C-C-2018-0003 Hanning Ct\Staff Report\PSD-044-18.Docx
Attachment 1 to
Report PSD -044-18
CONDITIONS OF DRAFT APPROVAL
File Number: C -C 2018-0003
Holland Homes Inc.
Issued for Review: May 22, 2018
Notice of Decision:
Draft Approved: _
David J. Crome, MCIP, RPP
Director of Plannina Services
Conditions of Draft Approval
The Owner shall have the final plan on the basis of approved draft plan of
condominium, prepared by J.D. Barned Ltd., identified as Reference No. 15-25-
128-01, dated April 11, 2017, which illustrates common facilities and services
including access lanes and parking, asphalt laneway, curbs/sidewalks, street
lights, sanitary/storm sewers, water main and facilities, landscaping, decorative
fencing, a water metre room, utilities, mailboxes and waste collection, to
accommodate 8 townhouse dwelling units.
2. Prior to final approval, the proponent shall ensure that a Stage 1 Archaeological
Assessment is completed by a licensed Ontario archaeologist. The proponent
must ensure that all required studies by the archaeologist are completed, and a
clearance letter is obtained by the Ministry of Tourism, Culture and Sport. No
Demolition, grading, or other soil disturbance shall take place on the subject
property prior to a letter of clearance being received by the Regional Municipality
of Durham.
3. The Owner shall submit to the Region of Durham, for review and approval, a
noise impact study prepared by an acoustic engineer based on projected traffic
volumes provided by the Region of Durham Planning and Economic
Development Department, and recommending noise attenuation measured for
the draft plan in accordance with the Ministry of the Environmental and Climte
Change guidelines. The Owner shall agree in the Condominium Agreement to
implement the recommended noise control measures. The agreement shall
contain a full and complete reference to the noise report (i.e. author, title, date
and any revisions/addenda thereto) and shall include any required warning
clauses identified in the acoustic report. The Owner shall provide the Region with
a copy of the Condominium Agreement containing such provisions prior to final
approval of the plan.
4. Regional Development Charge Levies shall be applied in accordance with the
Region's Development Charges By-law and are to be paid upon issuance of a
building permit.
5. The Owner shall satisfy all requirements, financial and otherwise, of the
Municipality of Clarington. This shall include, among other matters, the execution
of a condominium 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, maintenance of
the stormwater management pond and appurtenances, and driveway entrance
maintenance
6. The private street in the common elements is to be named and consequently
signed in a manner satisfactory to the Municipality of Clarington.
7. The Owner agrees to include in the Declaration of Condominium the following:
The prohibition for any short-term, less than 30 days rental or lease of any
dwelling unit(s) that is/are reliant on and benefit from the common elements
condominium.
The condominium is responsible for annual maintenance of the private
stormwater management measures including (if applicable) the oil/grit
separator and landscaping and for providing the Director of Engineering
Services an annual report of such maintenance being completed.
8. The Owner agrees to address the properties from the private lane frontages to
the satisfaction of the Municipality of Clarington.
9. Prior to the finalization of this plan of condominium, the Owner must provide
satisfactory evidence to the Regional Municipality of Durham in accordance with
the Region's Site Contamination Protocol to address site contamination matters.
Such evidence may include the completion of a Regional Reliance Letter and
Certificate of Insurance. Depending on the nature of the proposal or the finding of
any Record of Site Condition (RSC) Compliance Phase One Environmental Site
Assessment, an RSC Compliant Phase Two ESA may also be required. The
findings of the Phase Two ESA could also necessitate the requirement for an
RSC through the Ministry of the Environment and Climate Change, accompanied
by any additional supporting information.
10. The Owner shall satisfy all requirements, financial and otherwise, with respect to
the provision of Regional Services to the subject lands will be addressed through
the site servicing plan approval process.
11. All other works Department requirements such as access to water metres and
any future changes thereto are covered by the appropriate clauses in the
Region's Sewer Use By-law and Water Use By-law.
12. The Owner must provide a lands use table prepared by an Ontario Land
Surveyor to the satisfaction of the Region of Durham. The land use table should
provide lot area calculations for the proposed land use(s) allocated within the
draft plan of condominium.
FA
13. 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 and Economic Development, how Conditions 1, 2,
3, 10. 11, 12 and 13 have been satisfied.
Notes to Draft Approval
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 3 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 and Economic Development Department and the
Municipality of Clarington Planning Services Department.
3