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Home My WebLink AboutPSD-114-10Clarington Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 13, 2010 Resolution #: ~ PA'~'i7--/d By-law #: ~DIO -/ yU Report #: PSD-114-10 File #'s: C-C-2010-0002 Subject: PROPOSED DRAFT PLAN OF CONDOMINIUM TO ALLOW FOR CONDOMINIUM TENURE OF 119 TOWNHOUSE UNITS APPLICANT: ASPEN HEIGHTS LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-114-10 be received; 2. THAT the request to deem the subject application exempt from Sections 51(19.4), 51(20) and 51(37) of the Planning Act be considered appropriate in the circumstances as authorized by Section 9(7) of the Condominium Act and that a Public Meeting is not required; 3. THAT the application for proposed Plan of Condominium C-C-2010-0002 submitted by Aspen Heights Ltd. be approved subject to conditions as contained in Attachment 3 to Report PSD-114-10; 4. THAT the By-law authorizing the entering into a Condominium Agreement between the Owner of Draft Plan of Condominium C-C-2010-0002 and the Municipality of Clarington be approved as contained in Attachment 4 to Report PSD-114-10; and 5. THAT the Durham Region Planning Department and all interested parties listed in Report PSD-114-10 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSQ-11410 PAf~iE 2 Submitted by: Reviewed by: L/ Da id ome, MCIP,RPP Franklin Wu Director of Planning Services Chief Administrative. Officer ATS/CPlav/ahldf November 24, 2010 REPORT NO.: PSD-11410 PAGE 3 1.0 APPLICATION QETAILS 1.1 Owner/Applicant: Aspen Heights Ltd. 1.2 Proposed Dratt Plan of Condominium: To permit the condomiriifrrn tenure of 19S townhouse units, including private driveways, amenity space,. services and parking areas. 1.3 Area: 3.704 ha 1.4 Location: The subject lands are beefed in Bowmanvi{le, west of Green: Road and south of the CP Rail .line. (Attachment 1): The. property. is contained within Part Lot 17, Concession 1 and further described as Blocks 2 and 3, Plan 40M-2405. ` 2,0 BACKGROUND 2.1 The subject 119 townhouse development forms part of a 201-unft medium density development located at the northwest comer of McBride Avenue. and. Green :Road in Bowmanville. The purpose of the subject condominium application is to allow each townhouse dwelling to be bought and sold as an individual unit with a shared common interest in the rest of the development through the creation of a condominium corporation. The proposed Draft Plan of Condominium is attached as Appendix 2. 2.2 The medium density units were draft approved in 2007 as part of Draft Pian of Subdivision (18T-90051) which is located south of the CP railway corridor, west of Green Road, extends south to McRhail Avenue-and west to the limit of the urban boundary. The,remaining 82 medium densityUni#s are proposed within hero (2) 4-storey buildings and an application for a Draft Plan of Condominium tzx the apartment buildings will be pursued separatety or the Units may. become rental units. 2.3 All townhouse and apartment units will have:eocess to McBride Avenue in two locations through a network of private roads. All roads internal to the development,will be private, and all costs with respect to construction and future maintenance will be bbrrie bythe condominium corporation. 2.4 Also planned for the area is a row of 42 semi-detached (link). dwelling units and two (2) single detached dwelling units which will front on McBride Avenue and wiN have vehicular access to rear garages/parking spaces via a sham rear laneway part of the current condominium application. While this. laneway will be part of the subject condominium corporation, access easements have been granted in favour of future ownersftenants of the apartment units and the freehold units along McBride Avenue. 2.5 Several public meetings have been held relating to the subject developmentdating back to 2004. During the public meeting process in 2004, iwo (2) members of the public had concerns relating to the proposed medium density development. During public meetings REPORT NO.: P&D-914-90 PAGE 4 held in2008 (rezoning), 2009 (land division).and 2010 (minor xariance), no members of the public objected to the principle of the development. 3.0 LAND CHARACTERISTICS AND SURROUN[NNt3 USES 3.1 Currently the first phase of development (44 townhouse units) is underway. Green Road and McBride Avenue have been constructed and residential development is nearing completion south of McBride Avenue. 3.2 Surrounding Uses: North; CP 7aitway and existing. residential development South: Singte detached dwellings under construction (Plan 46M-2378) East:. Vacant block for 2 apartment buildings West: Rural area outside the Bowmanville urban. area 4.0 PROVINCIAL POLICIES 4.1 Provincial Policy Statement (PPS) The subject townhouse development conforms to the PPS. 4.2 Growth-Plan forthe Greater Golden Horseshoe {Growth Plan) The subject townhouse development conforms to the Growth Plan. 5.0 OFFICIAL PLANS 5.1 .Durham. Regionat0fficial Plan The Durham Regional Official Plan designates the land as Living Area... The subject townhouse development conforms to the Regional Official Plan.. 5.2 Clarington Official Plan The Clarington Official Plan designates the land for medium. density residential development. The subject townhouse development conforms to the Clarington Official Plana 6A ZONING 13Y-LAW 6.1 In Zoning By-law 84-63, as amended, the subject lands are zoned "Urban Residential Exception (R3-3B) Zone". REPORT NO.: PSt)-114-10 7.0 AGENCY COMMENTS PAGE 5 7.1 The subject application has been circulated to staff and agencies for comments and no objections have been received. 8.0 STAFF COMMENTS 8.1 The subject lands are within a draft approved plan (18T-90051} that includes 389 residential units, a school block and a park block. The lands are also within a registered plan of subdivision 40M-2450 and development of the first phase (44 units) is underway. 8.2 The principle of the development has been. established through the various develapmentapproval processes, including>an Official Plan Amendment, Zoning By-law Amendment, a proposed Draft Plan of Subdivision, and a Site Plarrapplication. Aland. division. application to create a shared laneway for access and-a minor variance application to address a lot coverage deficiency o€ certain. units have also been considered arid approved. All of the aforementioned applcations wereaubmitteii, reviewed and: approved in accordance with Planning Act requirernents and without objection. 8.3 The subject application differs from previous development applications in that the: sole purpose for the proposed Draft Plan of Condominium is to establish condominium tenure for he 119 townhouse units, i.e. to allow each townhouse. unit to be bought and sold individually. Approval. of the condominium would also establish a shared common interest in the private roads, amenity space,. parking areas and services contained within the limits of he development. 8.4 The creation of condominium developments is given its authority under the Condominium Act, Y998. Section 9 of the Condominium Act requires tha# the approval of a condominium follow Sections 51, 51.1 and 51.2 of the Planning Act which are the sections that prescribe the actions to be followed when considering a proposed draft plan of subdivision, including: • deeming the • application complete (s.51) • contents of a draft plan (s.51) • notification. of a complete application and holding a public meeting (s.51) • entena to be considered (s.51) • conditions of approval (s.51) • issuing a decision (s.51) • appeal process (s.51) • cash-in-lieu of parkland (s.51.1) • delegation of approval authority (s.51.2) REPORT NO.: PSD-114-10 PAGE 6 8.5 The Municipality has the authority under Section 9(7) of the Condominium Act to grant an exemption from those provisions of Section 51 and 51.1 if it is "appropriate in the circumstances". 8.6 There have been four (4) statutory public meetings over the last six years, three of which occurred in the last three (3) years. There has not been any input or objection to the townhouse development and it would appear that there is a general understanding that the development will be operated as a condominium. 8.7 During the development approval process, staff have had regard to the criteria contained within the Planning Act relating to the appropriateness of the development and the technical matters relating to roads, access, setbacks, open space and amenity areas, landscaping, noise attenuation, grading and servicing. These matters have been addressed and approved through the site plan process and will not be further reviewed as part of the subject application. 8.8 By exempting the subject application from the public notice provisions of Section 51 of the Planning Act, the public notification process, including the requirement to hold a public meeting, can be waived. Furthermore, if deemed exempt, the application for condominium tenure cannot be appealed to the Ontario Municipal Board. 8.9 For the reasons explained above and since all of the other development approvals have recently proceeded through the public consultation process without objections or concerns, it is recommended that the Municipality exercise its option to exempt the proposed draft plan of condominium from the public notice provisions of Sections 51(19.4), 51(20) and 51(37) and to allow the development to have condominium tenure subject to the conditions contained in Appendix 4. 9.0 CONCLUSION 9.1 Under the authority of Section 9 of the Condominium Act, it is recommended that the subject application fora proposed Draft Plan of Condominium be exempt from Sections 51(19.4), 51(20) and 51(37) of the Planning Act and approved subject to the conditions of draft approval. Staff Contact: Anne Taylor-Scott Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Draft Plan of Condominium Attachment 3 - Proposed Conditions of Draft Approval Attachment 4 - By-law Authorizing Subdivision Agreement List of interested parties to be advised of Council's decision: Kelvin Whalen, Aspen Heights Ltd. Attachment 1 To Report PSD-114-10 _ . 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I ~ ~,5,5~-, e! `T3 ~ ~' ~ e ,~ ~~ 9~ ~ L.c ~ w ~ a \ u~ \ a= \\ ¢ a ~ u"y ~ l~ e } C_f ~ ~a ~ \ 2 ~ ~~ \ • V ~ ~\ ~ ______ ____-_ 1_ s~ ~/IE~ -.....m....... IE _ - IE~ :5 w __I xS i ~ II II b -l~ ~ ov $ _ ° ~ +t ___~_yll `: § 3 s I~ ` 16 I -~1 ~~ a 11~ ~~ ~~ 11 rt 11 -~~ ll ~ \\ ~-d ~' \1 / ~% N \\ i ~ \ n/ -, K ~~ ~. To Report PSD-114_10 ]s ~ 9!! a m~'~ 5! !3J ° ~ ~9~ !t3l p 5 !~ ~ _ 4 ~~ ~ f £ ~ aeE:! ~I 'r ~ .z I m Ir II w I 30 I~___-~_.p_, I e+ I I I x I I I s Ir ~`___--- it n III S i I I I I I I I I I a l I~ I x I I I I I I I I \ I I I I \__L_J__1__1_ { I ~_ 1/ -r r-l ~ n z_ A i1 pW ~ I 1 ~ I ~ e~ .~ \__ _- __- \ y __ \ __--- VA 0 ~ ~ ~s ~ s ~ ~~-~~' ~~ ~ ~~ u ~ ~ ~ a ~ i~ b ~~ il \ \\ , Attachment 3 To Report PSD-114-10 CONDITIONS OF DRAFT APPROVAL FILE NO.: C-C-2010-0002 PLAN IDENTIFICATION The Owner shall have the final plan prepared on the basis of approved draft plan of condominium C-C-2010-0002 prepared by J.D. Barnes Limited identified as reference number 10-25-298-00, dated September 13, 2010, which illustrates 119 townhouse dwelling units, a common amenity area, visitor parking, private roadways and related private services. 2. 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 and the creation of the required access easements. 3. Prior to final approval of the 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 Condition 1 was satisfied. REQUIREMENTS TO BE INCLUDED IN CONDOMINIUM AGREEMENT Should the development of the 119 townhouse units occur in more than one registration, the Owner shall submit for the approval of the Director of Planning Services and Director of Engineering Services a phasing plan. NOTES TO DRAFT APPROVAL As the Owner of the proposed subdivision, it is your responsibility to satisfy all 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 subdivision 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 (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. CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW 2010- Attachment 4 To Report PSD-114-10 being a By-law to authorize entering into an Agreement with the Owner(s) of the Draft Plan of Condominium C-C-2010-0002, any Mortgagee who has an interest in the said lands, and the Municipality of Clarington, in respect of C-C-2010- 0002" WHEREAS the Owner(s) of Draft Plan of Condominium C-C-2010-0002 has received Draft Approval and intends to proceed to Final Approval and enter into a Condominium Agreement with the Municipality; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of fhe Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's seal, an Agreement between the Owner of Draft Plan of Condominium C-C-2010- 0002. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk