HomeMy WebLinkAboutPSD-031-11~~-~~~ REPORT
Leading the Way
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: April 4, 2011 Resolution#: G'P~f'~45''~1 By-law#: ~O//-a39
Report #: PSD-031-11 File #: C-C-2007-0001
Subject: REQUEST FOR EXTENSION OF DRAFT APPROVAL
1 - 37 KINGSCOURT, BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-031-11 be received;
2. THAT the request to extend the lapsing date for the draft approved Plan of
Condominium until April 2016 be approved;
3. THAT the by-law authorizing the entering into an Condominium Agreement
between the Owner of the lands and the Municipality of Clarington be approved as
contained in Attachment 2; and
4. THAT all interested parties listed in Report PSD-031-11 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by:
Davi J. rome, MCIP, RPP /~ ranklin Wu
Director, Planning Services /I~"' Chief Administrative Officer
CP/df
24 March 2011
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-031-11
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant:
1.2 Proposal:
1.3 Area:
1.4 Location:
2.0 BACKGROUND
1709599 Ontario Inc. o/a Kingscourt Terrace
To extend the lapsing date for the draft approved Plan of
Condominium until April, 2016.
0.39 hectares (0.98 acres)
1613 Highway 2
2.1 In 1994 the property owner at that time filed an application for condominium conversion
under Section 41 b of the Rental Housing Protection Act for the subject property. The
application was approved by Clarington Council in September 1995 subject to a number
of conditions. No further action was taken by the Owner, and application for Draft Plan
of Condominium was not submitted until 2007.
2.2 On February 7, 2007 the Owner submitted an application for condominium approval, to
the Municipality of Clarington, to permit condominium tenure of eighteen 18 existing
rental townhouse dwelling units. A public meeting was held Friday June 8, 2007. No
one spoke in opposition to, or in support of this application.
2.3
This townhouse development was constructed
implemented in Clarington.
In June 2007, the applicant
submitted an application for
site plan approval as per
Condition 1 of the Conditions
of Final Approval for
Condominium Conversion.
The site plan application was
approved on February 4,
2008. On February 11, 2008,
after considering report PSD-
016-08, Council authorized
the Director of Planning to
issue draft plan of
condominium approval. The
application was subsequently
draft approved April 8, 2008,
with a condition that draft
approval will lapse after 3
years.
in1967 prior to site plan control being
REPORT NO.: PSD-031-11
PAGE 3
2.4 On March 17, 2011, a request and fee was received for extension of draft approval for a
further three (3) years. The Owners have advised that due to the economic
environment they will not be proceeding with the project at this time.
3.0 STAFF COMMENTS
3.1 The purpose of this report is to consider whether the conditions of draft approval should
lapse on Apri18, 2011 as scheduled or be reasonably extended.
3.2 The applicant's request is to extend the draft approval period an additional three (3)
years, until April, 2014. As shown on the air photo on the preceding page, the driveway
entrance to Kingscourt Terrace is at the termination of Church Street where it intersects
with St. George Street. As a condition of approval, the applicant agreed to realign the
driveway to access the easterly extension of Church Street, and eliminate the current
jog (see Attachment 1). Said extension of Church Street is to occur on the neighbouring
land owners property which is subject to a draft approved plan of subdivision, S-C-2005-
001. Last summer the applicant of Kingscourt Terrace commenced discussions to
amend the site plan approval and finalize the condominium plan for these lands.
However, without the Church Street extension proceeding, the reconfiguration of the
driveway cannot occur. In consideration of this and given the current economic
conditions the applicant does not see merit in moving forward with finalizing the
condominium approval at this time.
3.3 The current servicing restrictions of the Port Darlington Water Pollution Control Plant
means that the abutting draft approved lands cannot proceed in the immediate future as
a result of a lack of sanitary service capacity. Although construction of the plant
expansion is expected to commence as early as next January, additional plant capacity
is not expected to be available until at least sometime in 2014.
3.4 Given the current servicing situation in Bowmanville an extension of draft approval for
three (3) years, as requested, may not be sufficient to allow for servicing capacity to be
available. As a result staff recommend an extension for five (5) years.
4.0 RECOMMENDATION
4.1 In consideration of the comments noted above, including current capacity constraints in
Bowmanville, it is recommended that draft approval be extended for a period of five
years, ending April 2016. Furthermore, Staff recommends the passing of a by-law
authorizing the execution of an agreement as described by the attached by-law
(Attachment 2).
Staff Contact: Carlo Pellarin
REPORT NO.: PSD-031-11 PAGE 4
Attachments:
Attachment 1 -Key Map
Attachment 2 - By-law Authorizing Subdivision Agreement
List of interested parties to be advised of Council's decision:
Robert Feldman, President, c/o Rossland Investments Inc.
Attachment 1
To Report PSD-031-11
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2011-
Attachment 2
To Report PSD-031-11
being a by-law to authorize entering into an Agreement with the Owner(s) of Plan of
Condominium S-C-2007-OD01, any Mortgagee who has an interest in the said Lands
and the Municipality of Clarington in respect of S-C-2007-0001
WHEREAS the Owner(s) of Plan of Condominium S-C-2007-0001 is developing the Lands
municipally known as 1 - 37 Kingscourt which requires an Condominium Agreement;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
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, a
Condominium Agreement between the Owner of Draft Plan of Condominium S-C-2007-
0001.
2. THAT the Mayor and the. Clerk are hereby authorized to accept, on behalf of the
Muhicipality of Clarington, the said conveyance of lands required pursuant to the
aforesaid Condominium Agreement.
BY-LAW read a first time this day of 2011
BY-LAW read a second time this day of 2011
BY-LAW read a third time and finally passed this day of 2011
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk