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HomeMy WebLinkAboutPSD-045-08 Cl~ilJgron REPORT PLANNING SERVICES PUBLIC MEETING Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, May 12, 2008 ~~dv\'C>Y1-=*~PA- 311-olS Meeting: Report #: PSD-045-08 File #: C-C-2008-0001 By-law #: Subject: APPLICATION FOR A PLAN OF CONDOMINIUM APPLICANT: BOWMANVILLE ARMS RESIDENTS LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-045-08 be received; 2. THAT provided there are no significant issues raised at the Public Meeting, the Draft Plan of Condominium application, submitted by Bowmanville Arms Residents Ltd. be APPROVED and the Director of Planning Services be authorized to issue Draft Approval under The Planning Act, subject to the conditions as contained in Attachment 3; 3. THAT a copy of Report PSD-045-08 and Council's decision be forwarded to the Durham Region Planning Department and the Municipal Property Assessment Corporation; and 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 8"bm_by l~~~Rev;owedbQ ~~ C0G. ?",Da';d J. C<om .- . .I.P.. RP.P. f","k1;" W" Director, Planning Services Chief Administrative Officer BR/CPIDJC/df 6 May 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-045-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Bowmanville Arms Residents Ltd. 1.2 Draft Plan of Condominium Application: To permit condominium tenure for a 3 storey, 72 unit residential building. 1.3 Site Area: 0.997 hectares (2.464 acres) 1.4 Condominium Plan Area: 0.997 hectares (2.464 acres) 2.0 LOCATION 2.1 The subject lands are located at 61 Clarington Boulevard, Bowmanville (Attachment 1), being in Part Lots 15 and 16, Concession 1, in the former Township of Darlington, and more specifically, Parts 1 and 2 in Registered Reference Plan 40R-22805. 3.0 BACKGROUND 3.1 On June 30, 2005, the applicant received Site Plan Approval for a 3 storey building with 72 apartment residential units. The Owner has submitted application to the Municipality of Clarington to permit condominium tenure for the building and lands around it. Construction of the building is essentially complete and the areas around the building are being graded, and prepared for landscaping and paving. 4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 4.1 The subject property is Parts 1 and 2 in Registered Reference Plan 40R-22805, registered on June 25, 2004. The subject property is north of, and abuts the St. Lawrence & Hudson (Canadian Pacific) Railway. The property has a single access on the south side of Clarington Boulevard which is shared with 65 Clarington Boulevard, the retirement home to the north. This retirement home has a single access on the south side of Prince William Boulevard, which is shared with the subject property. 4.2 Surrounding Uses: North - South - East - West - retirement home and Clarington Boulevard St. Lawrence & Hudson (Canadian Pacific) Railway GO Transit Bowmanville Park and Ride Facility vacant lands subject to application for Site Plan Approval REPORT NO.: PSD-045-08 PAGE 3 5.0 OFFICIAL PLAN POLICIES 5.1 The lands are designated "Regional Centre" within the Durham Regional Official Plan. The development principles of a Regional Centre include balance between residential and employment growth and a variety of compact, higher density housing types to service all housing needs including affordable and assisted housing. The application for Plan of Condominium conforms. 5.2 Within the Clarington Official Plan, the lands are in the Bowmanville West Town Centre and in the related Secondary Plan are designated Mid Rise High Density Residential. The application for Plan of Condominium conforms to the policies. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is currently within the "Urban Residential Exception (R4-23) Zone". The zone permits the proposed development which conforms to the zoning provisions. 7.0 PUBLIC MEETINGS 7.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. A Public Meeting sign was installed on the Clarington Boulevard frontage. 7.2 As of the writing of this report, there was one telephone inquiry regarding the application. The caller wanted to know the purpose of the application. It was explained the application concerned tenure and not physical development which was already approved through site plan control. No objection to the application was voiced. 8.0 AGENCY COMMENTS 8.1 Comments were received from a number of agencies through the Site Plan Approval process prior to issuing Site Plan Approval. In addition the application for condominium was circulated to a limited number of agencies. 8.2 The Engineering Services Department has no objection. 8.3 Bell Canada had standardized Conditions which were addressed through the Site Plan Approval. 8.4 Durham Region Planning has advised that the proposal is in a "Regional Centre" and that it conforms to the principles for Regional Centres. The proposal is adjacent a "Future Transportation Hub" and conforms to the requirements for developments adjacent transportation hubs. The application conforms to the Regional Official Plan and the Region has no objection to Draft Approval of this application. The Region noted that in support of Plan of Subdivision S-C-2001-0003, which included the subject property, a Noise and Vibration Impact Study was submitted. An update to this study, appropriate REPORT NO.: PSD-045-08 PAGE 4 mitigation measures and their implementation comprise a Condition of Draft Approval. The other Draft Approval Condition requested is that the final Plan of Condominium reflects the Draft Plan of Condominium. 9.0 STAFF COMMENTS 9.1 A Site Plan Agreement with the Municipality of Clarington for this development details items such as the location of buildings, private streets, parking spaces and landscaping features and has been executed by the applicant. 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. As part of the processing of Plan of Subdivision S-C-2001-0003 the appropriate parkland dedication was made through the plan of subdivision. Staff has no objection to the approval of the application for Plan of Condominium. 9.2 The Owner is aware that the Municipality shall require a plan of condominium agreement. The Conditions of Draft Approval are contained in Attachment 3. The Owner has reviewed the attached conditions and concurs with them. 9.3 Clarington Finance advises that for the subject lands all taxes have been paid. 10.0 CONCLUSIONS 10.1 The purpose of the report is to both satisfy the requirements for a Public Meeting under the Planning Act, and based on comments contained in this report, provided there are no significan~ issues raised at the Public Meeting, also to respectfully recommend that the Draft Plan of Condominium application, submitted by Bowmanville Arms Residents Ltd. be APPROVED, subject to the Conditions of Draft Approval contained in Attachment 3. Attachment 1 - Key Map - Condominium Plan Attachment 2 - Draft Plan of Condominium Attachment 3 - Conditions of Draft Approval Interested parties to be notified of Council and Committee's decision: Kelvin Whalen, Bowmanville Arms Residents Ltd. ~ illi ~ N I li ~ .. J ~ 1 - 5 ... :;l c 0 :; ~ u .s I ~ . ~ ... "01\18 l! NOlflNI~Vl:l D. 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I I, I( .. , . ! i , " , i i I Attachment 3 To Report PSD-045-0B CONDITIONS OF DRAFT APPROVAL DRAFT PLAN OF CONDOMINIUM C-C-2008-0001 1. The Owner shall prepare the final plan on the basis of the approved Draft Plan of Condominium C-C-2008-0001, prepared by J.D. Barnes Limited, dated January 30, 2008, and plotted February 4, 2008, identified as Reference Number 01-25-214-13, which illustrates outdoor and indoor condominium areas, 93 parking spaces and the 72 apartment units of the Bowmanville Arms Residents Ltd. apartment building, of the standard condominium type, and all located on the property described as Parts 1 and 2 in Registered Reference Plan 40R-22805. 2. The Owner shall submit an updated noise and vibration study, including recommendations for this development. The recommendations for noise attenuation measures are to be implemented through the Municipality of Clarington plan of condominium agreement, which is registered on title, and shall include any required warning clauses, as identified in the updated noise and vibration study. A copy of the executed agreement shall be provided to the Regional Municipality of Durham and the St. Lawrence and Hudson (Canadian Pacific) Railway to facilitate clearance of this condition. 3. The Owner shall agree to enter into a Plan of Condominium Agreement with the Municipality of Clarington to address all matters, financial and otherwise, and to ensure that all works on site are completed to the satisfaction of the Municipality of Clarington, particularly in regards to maintenance of the common elements of the plan. 4. 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 Department, how Conditions 1 and 2 were satisfied; b) St. Lawrence and Hudson (Canadian Pacific) Railway, how Condition 2 was satisfied; and c) Bell Canada, how Conditions 4 and 5 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 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 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 Services Department.