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HomeMy WebLinkAboutPSD-072-07 Q!l!.pn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Friday, June 8, 2007 Report #: PSD-072-07 File #: C-C-2007-0001 ~C> \~;.....'" aM .3~ . l:)1- By-law #: Subject: DRAFT PLAN OF CONDOMINIUM APPLICATION APPLICANT: 1709599 ONTARIO INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-072-07 be received; 2. THAT the Draft Plan of Condominium application, submitted by 1709599 Ontario Inc. be referred back to staff for further processing and the preparation of a subsequent report; and, 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: ranklin Wu Chief Administrative Officer vi . Crome, M.C.I.P., R.P.P. Director, Planning Services ;fr' SAlCP/DJC/df 30 May 2007 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-072-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner/Applicant: 1709599 Ontario Inc. 1.2 Agent: MacKinnon & Associates 1.3 Proposal: Draft Plan of Condominium Application to permit condominium tenure in eighteen (18) existing rental townhouse dwelling units. 1.4 Site Area: 0.67 ha 1.5 Location: The subject lands are located at 1-37 Kingscourt Road in Bowmanville (Attachment 1). The property is contained within Part Lot 10, Concession 2, in the former Town of Bowmanville. 2.0 BACKGROUND 2.1 On February 7, 2007, the owner submitted an application for condominium approval to the Municipality of Clarington to permit condominium tenure in eighteen (18) existing rental townhouse dwelling units. A partial submission for site plan was concurrently received, but has not been completed by the applicant's as of the drafting of this report. 2.2 In 1994, the property owner at that time filed an application for condominium conversion under Section 4(1) (b) of the Rental Housing Protection Act. The application was approved by Clarington Council on September 11, 1995, subject to a number of conditions. These conditions are included in their entirety in Attachment 2 to this report. No further action was taken to submit an application for the draft Plan of Condominium until recently. 2.3 In conjunction with the draft plan of condominium application the applicant will be submitting a complete site plan application. The applicant is proposing to relocate the existing driveway entrance further east along the Church Street extension contained within draft approved Plan of Subdivision S-C-2005-001. As this townhouse development was constructed in 1967, prior to site plan control being implemented in Clarington (1979), there is no approved site plan for this property at this time. 2.4 A Phase 1 Environmental Site Assessment was submitted with this application. This will be briefly summarized in Section 7.0 of this report. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property currently contains eighteen townhouses units, associated parking spaces and there are a number of mature trees on site. The site has frontage and REPORT NO.: PSD-072-07 PAGE 3 access from Church Street. The following Orthophoto shows the property and surrounding uses. OrthoPhoto 2005 3.2 The surrounding uses are as follows: North - Bowmanville Public High School South - Low Density Residential West - Vincent Massey Public Elementary School East - Draft Approved Plan of Subdivision S-C-2005-001 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) states that Planning authorities shall provide a range of housing types and densities. Also housing which is affordable to low and moderate income households shall be available. This conversion of rental townhouse units to condominium townhouse units will provide an opportunity for homeownership for persons seeking smaller, higher density dwelling units, rather than the standard single detached dwelling. However, housing stock will be taken out of the rental market. 4.2 Growth Plan The Growth Plan states municipalities will develop, through their official plans and other supporting documents, a plan for a range and mix of housing, considering affordable REPORT NO.: PSD-072-07 PAGE 4 housing needs. These units will provide the opportunity for ownership of townhouse- style dwelling units that are affordable given their location, age of structure and floor area. 5.0 OFFICIAL PLANS 5.1 Durham Reoional Official Plan The Durham Regional Official Plan designates the subject property "Living Area". The goal of the Living Area designation is to provide a full range of housing. 5.2 Clarinoton Official Plan The subject property is within the Bowmanville East Town Centre Secondary Plan of the Clarington Official Plan and is designated "High Density Residential". Typically new high density development in this designation is permitted within a range of 40-100 units per net hectare. However, this development was constructed in 1967 and predates the Town of Newcastle Official Plan (1974) and the current Clarington Official Plan. This site, with a density of 27 units per hectare, has legal non-conforming status. 6.0 ZONING BY-LAW CONFORMITY 6.1 Zoning By-law 84-63 zones the subject lands "Urban Residential Type Three (R3)". The R3 zone permits a mix of residential building types including townhouse dwellings on a private road. This application would conform to the zoning provisions. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 A Phase 1 Environmental Site Assessment was submitted with the application and was completed in 1998 by Frontier Engineering Inc. The site assessment entailed a detailed inspection of the site and the existing buildings seeking the presence of materials or conditions which may have an adverse impact on the environment. No evidence was found to indicate the presence of any contamination from materials or conditions. The study concluded that no further investigation was warranted. Although the study is dated 1998, the buildings were constructed in 1967 and the use of eighteen townhouse units has remained unchanged since that date. There is no evidence from air photo analysis that there has been any change to the site since that date. The study is adequate for this application. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site. Also a public meeting notice sign was installed on the property along the Church Street REPORT NO.: PSD-072-07 PAGE 5 frontage. This application was received after January 1, 2007, and all Bill 51 procedures are applicable and have been followed. 8.2 To date no inquiries have been received following the sign being posted and notice mailed out. 9.0 AGENCY COMMENTS 9.1 Durham Region Planning Department provided no objection but included in their comments on conditions for the Condominium Conditions of Draft Approval. 9.2 No objections were received in comments from Enbridge, Rogers and Bell. 9.3 Veridian Connections will require numerous upgrades in the electrical service to the site. This will be done by a private agreement between the property owner and Veridian. 9.4 Clarington Engineering will require a road widening to be taken along Church Street. With the draft approval of Plan of Subdivision S-C-2005-0001, the road allowance of the extension of Church Street has been shifted north in an effort to preserve a significant Copper Beech tree. The shift northward necessitates a small road widening to be taken from the 1-37 Kingscourt property to accommodate the curvature in the Church Street extension. 9.5 Comments remain outstanding from Central Lake Ontario Conservation Authority and Kawartha Pine Ridge Public School Board. 1 0.0 STAFF COMMENTS 10.1 To change the tenure from rental to individual ownership there once was a two step process in conformity with the former Rental Housing Protection Act and the Planning Act. The applicant must submit an application for Condominium Conversion, then an application for Plan of Condominium. In 1994 the owners at that time submitted an application for Condominium conversion which was approved by Council, subject to a number of conditions (Attachment 3). 10.2 The conditions remain in effect today and have yet to be fulfilled. A letter was submitted to the Planning Services Department by the Owner's legal advisor requesting that the Municipality of Clarington waive the completion of the Conditions of Condominium Conversion and incorporate them into Conditions of Draft Approval. The Planning Services Department responded by letter dated May 2, 2007, that as per discussions prior to receiving the current applications, the Conditions of Condominium Conversion must be completed prior to draft of approval of the Plan of Condominium being granted. 10.3 Due to the replacement of the Rental Housing Protection Act and the Landlord Tenant Act, some of the conditions relating to tenant protection are now redundant. Protection for the current tenants has been built into the current Residential Tenancies Act, 2006 now in effect and there no longer needs to be conditions of conversion approval. For example, a tenant who was a tenant on the day the rental unit was converted to REPORT NO.: PSD-072-07 PAGE 6 condominium now has a right of first refusal to purchase the unit at the price and subject to the terms and conditions in the Offer. However, many of the conditions are important, and shall be completed prior to draft approval for the condominium being granted. 10.4 The site plan control application was deemed incomplete and a letter (dated March 8, 2007) was sent to the applicant containing a list of outstanding items. No further information has been received regarding this site plan since that letter. 11.0 CONCLUSION 11.1 The purpose of this meeting is to fulfill the Planning Act requirements for a Public Meeting. It is recommended that the application be referred back to staff for further processing. Attachments: Attachment 1 - Key Map Attachment 2 - Condominium Plan Attachment 3 - Conditions of Condominium Conversion (1995) Interested parties to be notified of Council and Committee's decision: 1709599 Ontario Inc. MacKinnon & Associates Attachment 1 To Report PSD-072-07 ~ f- ~ r::: U '> ~ c: D- c III E E r::: 0 == :::::I ,..... 0 'i: 0 0r- ca a:I i:3 0 r::: 0 ;; - 0 ns c ~ "- 0 E ,~ 0 Q, ~s 0 0 III ~ I 0 I C. 0') ::::E ?i ~~ ,..... " ,..... c. 0') UjC r::: 0 c: :;: ~~ 0 0 0 <( It) 0 0 0') '" w'l: 0 N r::: 0 .. .. ~'" N III ~ .~'~ '" ~ ,... u <: t::~ 0 r::: <C ~ 0 ~ ~ 0 0. D- ..J 0 - CD i.: ~ ~ g: C) tJ) Go) lJ) r::: ~ c CD 133!llS 'i: en ~ Q, ~ 0 i~ 0 ... 0 D.. ~ ~ \ \ \ \ \ \ [!]~ I- LU LU c::: I- OJ en >- :r:: Q) "0 l/) () l/) 0 c::: ca .c ~ 0 => en :r:: ..... .2 () c:: Q) :0 0 :::l c:: a.. :> Attachment 2 To Report PSD-072-07 o t~ ~~~ O~:J O(J)Z LLJ - (J)u.~ 000 tl.zO Oc::rz ll:...J0 tl.tl.U ~ i~ I E IJZ! .1 .' r .. ~I !I f 'J If. ~[ ~o : ! " h ~ ~ H ~ c 6 ~H i t, B q~ ~ -~ 5 ~ ~ ~ ij g ~ ~ ~ u -s ~o w ~; - ~ a u c '0 0 ::JO-.lII:- - !! 1 ~o EO ,,"0 o~" Hg .g r--. =~UJI-~fou~ gglfr8. ~~.~~H~ & ~ao.5I? ~~~2;~~- ~ ()_C~c zZ:iiJ!"';,; L E~~~~ g~.~2!H.! o!!'':1=)1 <(o:a~^~f.~; g.j!?(])<;(; :::w~Ri\~o'..~ g-H~~ 2~ 6HdU~ t-C!:::'=-zC!:: ~O<""UOwJ:_>O: p '~L II ~'r p ~ :~ H ~ H~ ~ ~ g i ~s .. "h @ ";;0 " ~H\~ "~ !!! i ~~) ci ~~g "\ -; Q) o Ctl ... ... Q) I- ..... ... :J o o l/) 'CD s::: i: E ~ ~ "' ,.; :!l >! J:: --- .... ..ol"~UrCh Street ... ! ! , ~ ~ , ~ ~~~ " ! ./' 1. ../,,,- P . ,/ I i j'" 1 i ~ ~ ~! 1H /" . 0 ~ . , .~ ~~ .~ ~~ , , ~ i ! ~ I Iri i ! i j J :i?fH I i] J I ~jo_~~ i h ~~;!~~~ ~ 2 :< f J { I II diHdf ~ ! H .~ ;~.. ".<# .' ~ U) f ~ iU >- . 0 m " c . 0 c ~,,, :> \ "- ~_._.._..~- / Attachment 3 - To Report PSD-072-07 CONDITIONS OF FINAL APPROVAL FOR CONDOMINIUM CONVERSION APPLICATION CDM OOl-94/C 1. The owner shall submit an application for a plan of condominium to the Region and an application for site plan approval to the Municipality. The owner agrees to enter into a site plan agreement with the Municipality to provide the following: a) improvements' to/-the' property including landscaping, fencing, garbage enclosure facilities, etc; b) the owner shall retain an architect or professional engineer to provide a cost estimate of required works and improvements for review and approval by the Planning and Development Department; c) appropriate securities for the said improvements shall be posted by the owner; and, d) the owner must pay all outstanding municipal taxes, if any, including all local improvement charges at the time of execution of the required agreements with the Municipality. 2. The owner shall have a report prepared by an architect or a professional engineer to the satisfaction of the Planning and Development Department which certifies that all units on the property comply with the property standards by-law based on an inspection of the interior and exterior of the property including plumbing, heating, electrical, fire safety and structural conditions. The report shall include a cost est.imate of required works and improvements to the building for review and approval by the Municipality. A copy of this report shall be available to all potential purchasers. 3. The applicant shall enter into a condominium conversion agreement under Section 12 of the Rental Housing Protection Act with the Corporation of the Municipality of Clarington. Prior to entering into any agreements of purchase and sale for any of the proposed condominium units and prior to the registration of the condominium declaration and description, the owner shall: a) carry out the works as required under Condition 2. b) provide all existing tenants residing at 1-37 Kingscourt Road with guaranteed tenancy agreements at present rental rates with similar conditions as currently enjoyed, subject to increases from time to time governed by the Residential Rent Regulation Act, for the following periods of time: . tenants aged 65 years or more on the day the offer is made are permitted a further 5 year rental period from the date of condominium registration; and, . all other tenants are permitted a further 2 year rental period from the date of condominium registration; c) provide all existing tenants residing at 1-37 Kingscourt Road at least 10 days to review the offer of guaranteed tenancy and not to exert any pressure on existing tenants to vacate their units; d) only terminate the tenancy under the provisions of the Landlord and Tenant Act; e) provide guaranteed tenancy referred to in Section 3(a) to all new tenants for the balance of the guaranteed tenancy period; f) notify any new tenants that the building is subject to an application for condominium conversion; and, g) provide existing tenants with the first right of refusal on the purchase of units for a period of two years from the date of condominium registration, which first right terminates with the termination of the tenancy agreement. Where an offer to purchase is presented to a tenant, the tenant shall have a minimum period of 4 days to accept or reject the offer and a further 10 days to retract acceptance of an offer without penalty. The right of first refusal shall continue on units where the owner does not complete an offer of purchase and sale to a third party. 3. Prior to execution of the required site plan and condominium conversion agreements, the owner shall provide an affidavit to the Planning and Development Department certifying that all applicable conditions stated herein have been fulfilled. 4. All agreements shall be registered on title at the owner's expense.