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HomeMy WebLinkAboutPSD-037-09• ;non REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION!C~OMMITTEE1 ~/~ /fin Date: Monday, April 20, 2009 F~~S~U I I O}7l'J9'~/ ~~ ~ ~~ Report #: PSD-037-09 File #: C-C-2009-0001 By-law #: Subject: APPLICATION FORA 42 UNIT DRAFT PLAN OF CONDOMINIUM APPLICANT: CCCC DURHAM EAST LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-037-09 be received; 2. THAT provided there is no objection to the application during the public meeting, the Draft Plan of Condominium application submitted by CCCC Durham East Limited be APPROVED, and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 2; 3. THAT a copy of Report PSD-037-09 be forwarded to the Durham Region Planning Department; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: David . Crome, MCIP, RPP Director, Planning Services Reviewed by`~J ' - "' - ~ v~ Franklin Wu Chief Administrative Officer MK/CP/df 8 April 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-037-09 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: 1.2 Agent: CCCC Durham East Limited Kelvin Whalen 1.3 Draft Plan of Condominium: To permit condominium tenure in seven low-rise buildings containing 42 dwelling units 1.4 Site Area: 1.43 hectares 2.0 LOCATION 2.1 The subject lands are located at 305-365 Lakebreeze Drive in Newcastle Village (see Attachment 1). The property is comprised of Part 1 of 40R-23389 contained within Part Lot 29, Broken Front Concession in the former Village of Newcastle. 3.0 BACKGROUND 3.1 On February 6, 2009, the owner submitted an application for condominium approval to the Municipality of Clarington to permit condominium tenure in seven low-rise residential buildings containing a total of 42 units. A site plan agreement has been entered into between the Owner and the Municipality of Clarington and building permits have been issued for the water meter room and four of the seven low-rise buildings. Three buildings are currently under construction, and are nearing completion. 4.0 OFFICIAL PLAN POLICIES 4.1 Durham Regional Official Plan The subject property is designated "Living Areas", "Waterfront Areas° and "Waterfront Place" within the Durham Regional Official Plan. The goal of the Living Area designation is to provide a full range of housing types, sizes and tenure. The Waterfront Area and Watertront Place designations are meant to be developed as "people places". Within the Watertront Places residential and employment opportunities are permitted provided they support and complement surrounding uses. 4.2 Municipality of Clarington Oflcial Plan Within the Clarington Official Plan the subject property is designated "Waterfront Greenway" and "Harbourfront Centre". Within the Harbourfront Centre designation,. a variety of uses including residential are permitted provided they are compatible with the marina and District Park. The Waterfront Greenway REPORT NO.: PSD-037-09 PAGE 3 designation seeks to protect the unique attributes of the Waterfront by ensuring any development within the Waterfront Greenway designation provides public access to the waterfront and protects natural and cultural heritage characteristics. 4.3 The application conforms to both Official Plan policies. 5.0 ZONING BY-LAW CONFORMITY 5.1 The subject property is currently zoned "Urban Residential Exception (R4-18)". The "R4-18" zone permits an apartment building use with exceptions to lot coverage, landscaped open space and setbacks. This application conforms to the zoning provisions of the "R4-18" zone. 6.0 AGENCY COMMENTS 6.1 There were no objections from the circulation of this application. 6.2 Durham Region Planning Department had no objection but included in their comments conditions for the Condominium 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 covers financial matters including performance guarantees for engineering and landscaping. The appropriate Letters of Credit,. submitted by the Owner, were received by the Municipality for these performance guarantees. The appropriate parkland dedication was made through the plan of subdivision process. Staff has no objections to the approval of the application for Draft Plan of Condominium. 7.2 Building permits have been issued for four of the seven buildings, representing 24 units. Construction is nearing completion for three of the seven buildings. 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. REPORT NO.: PSD-037-09 PAGE 4 8.0 CONCLUSIONS 8.1 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 condominium, subject to the conditions of draft approval contained in Attachment 2. Attachments: Attachment 1 -Key Map Attachment 2 -Conditions of Draft Approval List of interested parties to be advised of Council's decision: CCCC Durham East Limited Durham Regional Planning Department Attachment 1 To Report PSD-037-09 Attachment 2 To Report PSD-037-09 DRAFT PLAN OF CONDOMINIUM C-C-2009-0001 CONDITIONS OF DRAFT APPROVAL 1. The Owner shall have the final plan prepared on the basis of the approved draft plan of condominium C-C-2009-0001 prepared by J.D. Barnes Limited, reference number 08-25-077-02, dated January 13, 2009, which illustrates seven 3-storey condominium apartment buildings consisting of 42 units on a private roadway. 2. The Owner shall satisfy all requirements, financial or 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 compliance with the Municipality's approved site plan in terms of garbage and waste collection, snow removal, fencing and landscaping and grading and drainage. 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 Regional 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. 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.