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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 d ~~ n a - C 10 d a ~ E m ~ ' F o 'c ' A o ° o f ~ ° ~ Nrn N V :. c € ~ Y ~ e V of N o ~ U a` ~ ~ ° a 2~ y0 's2 ~~ f~ ~~ ~'~, '~s ti~ da y d 7 avow lano~s~rvi~+ ?r ^ ^ I w x x U 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