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HomeMy WebLinkAboutPSD-016-08 Cl~J!il1gron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~eSD\lA\1on~~PA -ICP- -0& Monday, February 4, 2008 Date: Report #: PSD-016-08 File #: C-C-2007 -0001 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-016-08 be received; 2. THAT the Draft Plan of Condominium application, submitted by 1709599 Ontario Inc. be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 4 and the applicant entering into a site plan agreement; 3. THAT a copy of Report PSD-016-08 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. S"bm~edbY~~R"';owedbgA~ ~ ~avid J. Crome, M.C.I.P., R.P.P. ranklin Wu, Director of Planning Services Chief Administrative Officer SAlCPIDJC/sh/df 29 January 2008 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-016-0B PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner/Applicant: 1709599 Ontario Inc. 1.2 Agent: JLC Group 1.3 Proposal: Draft Plan of Condominium Application to permit condominium tenure of 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. 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 3 to this report. No further action was taken by the Owner to submit an application for the Draft Plan of Condominium until February of 2007. 2.3 The applicant submitted a site plan application in June 2007, as per Condition 1 of the Conditions of Final Approval for Condominium Conversion (Attachment 3). 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. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property currently contains eighteen townhouse units, associated parking spaces and there are a number of mature trees on site. The site has frontage and access from Church Street. The Orthophoto following shows the subject property, existing development, and surrounding uses. REPORT NO.: PSD-016-08 PAGE 3 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. The application would conform. REPORT NO.: PSD-016-08 PAGE 4 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 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. The application would conform. 5.0 OFFICIAL PLANS 5.1 Durham Reqional 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 Clarinqton 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 link townhouse dwellings. 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. REPORT NO.: PSD-016-08 PAGE 5 Although the study is dated 1998, the buildings were constructed in 1967and 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 This application was received after January 1, 2007, and all Bill 51 procedures are applicable and have been followed. 8.2 A public meeting was held Friday, June 8, 2007. No one spoke in opposition to, or in support of, this application at the public meeting. 8.3 No inquiries have been received regarding this application. The Owner conducted several meetings for the tenants of the units to keep them informed of the condominium process. 9.0 AGENCY COMMENTS 9.1 Durham Region Planning Department provided no objection but included in their comments conditions for the Condominium Conditions of Draft Approval. 9.2 No objections were received in comments from Veridian, Enbridge, Rogers, Bell and Kawartha Pine Ridge District School Board. 9.3 Central Lake Ontario Conservation has no objection to the approval of condominium tenure for this property, nor do they have any conditions of approval. 9.4 Clarington Engineering requires a road widening to be taken along Church Street. With the draft approval of Plan of Subdivision S-C-2005-001, 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. This road widening will be acquired through the site plan process. 10.0 STAFF COMMENTS 10.1 To change the tenure from rental to individual ownership the Municipality of Clarington has a two step process in conformity with the Planning Act. The REPORT NO.: PSD-016-08 PAGE 6 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. 10.2 The Conditions of Condominium Conversion are summarized as follows: 1) Enter in a site plan agreement with the Municipality for the subject property. 2) Prepare a report detailing the current conditions of the units and the property. This report must be prepared by an architect or a professional engineer to the satisfaction of the Planning Services Department. 3) Enter into a Condominium Conversion Agreement under Section 12 of the Rental Housing Protection Act. Due to the replacement of the Rental Housing Protection Act and the Landlord Tenant Act, some of the conditions are now redundant. Protection for the current tenants has been built into the Residential Tenancies Act, 2006 now in effect, and they no longer need to be conditions of conversion approval. For example, a tenant who was tenant on the day the rental unit was converted to 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, Conditions 1 and 2 are still valid and the Owner was required to complete them. 10.3 The Owner will be entering into a site plan agreement with the Municipality of Clarington. This agreement details the location of buildings and landscaping features. The site plan agreement also covers financial matters, including performance guarantees for landscaping and engineering works. The appropriate Letters of Credit were obtained from the Owner for these performance guarantees. 10.4 A report was submitted to the Planning Services Department entitled "Technical Audit" by J J Molnar, Realty Advisors Inc. This company employs a Professional Engineer who is certified to conduct Technical and Performance Audits as stipulated in Section 44 of Condominium Act, S.D. 1998. This report was reviewed by the Clarington Building Division and found to be satisfactory. 10.5 At this time the Owner has met all the Conditions of Condominium Conversion and thus Staff has no objections to the approval of the application for Plan of Condominium. 10.6 Clarington Finance advises that for the subject lands all taxes have been paid satisfactorily. REPORT NO.: PSD-016-08 PAGE 7 11.0 CONCLUSION 11.1 Based on comments contained in this report it is respectfully recommended that the Draft Plan of Condominium be APPROVED, subject to the attached conditions of draft approval contained in Attachment 4. Draft approval for the plan of condominium will be issued after the applicant has entered into a site plan agreement. Attachments: Attachment 1 - Key Map Attachment 2 - Condominium Plan Attachment 3 - Conditions of Condominium Conversion (1995) Attachment 4 - Conditions of Draft Approval Interested parties to be notified of Council and Committee's decision: 1709599 Ontario Inc. JLC Group Attachment 1 To Report PSD-016-08 ::11 ~ c ;; C1I U c ii: .E '" E E c 0 ~ .:! ..... 0 ".:; .... C'll III ~ 0 c 0 ~ - ~ ~ 0 E 0 .!:! c 0- ~" 13 Q 0 0 ~ ~~ 0 '" ~ . ii. m ::;; ~ ~~ r.:. "tl ..... <.i~ ~ C 0 c. en c ~ z c <C It) 0 ~~ " 0 0 0 CD ~ ~~ 0 N :;::; ih N c 0 '" ~ e::€i ~~s.u C <( C1I ..... 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I d ljf:i1 ~ I l II""" ~ .' 1I1.11!' ',i'l"j ; 11 IW* ; r;;;;;;l ,. I . I . ~/ h .-t j- . I- ~ ,I j_ , /1 it' ! III- ! , l' I . I . ..1," , . I !I I I i L .' lU I ! ! I I I i. , i ! , ~t !;l o,!i 1'.[ ili I I ,Ii! nf~ ; I Ini II Ill! i 0 " 11 ~ ;itl ~ l, if ,~ i jI - Jii 6j; : ihl II ~n ~IU ~I' I~II ~~ .~h I Attachment 2 To Report PSD-016-08 jilt · 11 I! ;:; II II ,l ! "'1111 I I J 'I liil1 --- .... Ii ,.t<t'hlRh.SftB! ~_ , I I ... ~ ~ ~ ~ ~ ~ ... j .. I- I I j f ~ f i I ' ~ Attachment 3 To Report PSD-016-08 CONDITIONS OF FINAL Al'PRO'lr'AL FOR CONDOMINIUM CONVERSION APPLICATION CDU 001-94/C 1. The owner shall submit an application for a plaIL 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 Uunicipality to provide the following: a) improvements. to./ the. property including landscaping, fencing, garbage enclosure facilities, etc; b) the oWner shall retai-n 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 Developlllent 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 estimate 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 Kinqscourt 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: Attachment 4 To Report PSD-016-08 CONDITIONS OF DRAFT APPROVAL 1. The Owner shall have the final plan prepared on the basis of approved draft plan of condominium C-C-2007-0001 prepared by MacKinnon Associates, project number 2654, dated January 2007, which illustrates 18 townhouse units, parking and private roadways. 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 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. 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 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. He 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.