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HomeMy WebLinkAboutPDS-011-21Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: February 1, 2021 Report Number: PDS-011-21 Submitted By: Reviewed By: File Number: Report Subject: Faye Langmaid, Acting Director of Planning and Development Services Andrew C. Allison, CAO Resolution#: PD-043-21 PLN 17.11.1 By-law Number: Limitations for Townhouse Condominium Developments Recommendation: 1.That Report PDS-011-21 be received for information. Municipality of Clarington Page 2 Report PDS-011-21 Report Overview The purpose of this report is to provide an overview of townhouse condominium projects in Clarington. This report will describe the nature and legislative parameters of townhouse condominiums, their place in the approval process in Clarington, and the implementation tools available to staff to ensure the appropriate development and long-term success of these communities. This Staff report is a result of resolution from Planning and Development Committee on November 16, 2020 as follows: Resolution # PD-179-20, That Report PSD-050-20 be referred back to Staff; and That Staff be directed to report back on what, if any, limits can be placed on common elements condominiums. This report complements Addendum to Report PSD-050-20 regarding 3 Lawson Road, in Courtice. 1. Background 1.1 Townhouses are an increasing form of residential development in Clarington. Over the last five years, 23% of residential building permits in Courtice, Bowmanville and Newcastle are for townhouses. 1.2 There are a number of townhouse types including street townhouses which are on public streets and townhouses on private roads (lanes). The Municipality is also seeing an increase in the number of stacked townhouses which have units above and below and back-to-back units which have mutual side and rear walls, with access from a private lane. 1.3 Townhouse developments support minimum density targets in new neighbourhoods, along corridors, and intensification in existing built up areas. Townhouse units on private lanes are appropriate where: firstly, the policies permit the heights/densities and secondly, where a public road extension or connection is not planned, and/or where it would not be appropriate. Staff take this direction from the policies of the Clarington and Regional Official Plans and engineering design standards. 1.4 It is common for townhouse developments to have access by a private lane network and to have condominium tenure –exceptions include street townhouse units, social housing complexes, co-operatives and small rental projects. To date, there are over 20 condominium townhouse projects either occupied or underway in Clarington that have a private lane network. 1.5 Townhouse developments that have condominium tenure are either standard or common element, including parcels-of-tied land or POTLs, which are explained further in the report. Visually, there is no recognizable difference between a standard townhouse condominium or a common element condominium. Municipality of Clarington Page 3 Report PDS-011-21 1.6 There are many limitations that can be placed on any condominium project, and a number of these stem from Clarington Official Plan and Zoning By-law and development processes such as subdivision, site plan control, condominium approvals, however it is important to recognize the numerous external forces and pieces of legislation also at play. 2. Creating Neighbourhoods and Opportunities for Housing 2.1 Currently, townhouse units are a key offering in the housing industry. In years past, young families could afford a single detached dwelling in many Clarington neighbourhoods. Now, more and more purchasers are looking to purchase a townhouse or an apartment versus a single detached dwelling. 2.2 Neighbourhoods are planned to include single detached dwellings as well as medium and/or high density blocks to provide a variety of housing units and price points . Staff are seeing an uptick in the number of townhouse blocks in Courtice, Bowmanville and Newcastle and there are a number of active townhouse builds. These will continue to increase and are planned through Secondary Plans in new neighbourhoods. 2.3 The approved policy framework encourages this type of development. Allowing for additional densities in the form of townhouses and apartments to meet a number of land use policies and fiscal objectives such as minimizing land consumption and costly extension of services, support transit initiatives, protect natural features and agricultural resources; and choice for home-buyers. 2.4 It appears that most challenges and public input arise where an infill townhouse project is proposed in or near an established neighbourhood. 2.5 The Official Plan contains policy for new, infill development in existing neighbourhoods – however this does not always result in infill development in the same form as surrounding lands. The Official Plan allows some flexibility on heights and design through policies and development guidelines. 2.6 The Official Plan also contains policies that encourages public road connections first and foremost before considering private lanes. However, with smaller townhouse infill blocks, forcing a public road (a minimum of 20 metres in width) and in some cases a cul-de-sac would severely limit development opportunities. The alternatives to density in the form of townhouse blocks are individual units with driveways along major roads. This conflicts with other policies both in the Clarington and Regional Official Plan that restrict access spacing along arterial roads. Each situation is unique; Staff have approved standard criteria that enables the review of these types of developments to be consistent and fair. Municipality of Clarington Page 4 Report PDS-011-21 2.7 There are several recent examples of infill developments approved across Courtice, Bowmanville and Newcastle, including:  3 Lawson Road, Courtice (Unfinished Business Item 15.1 – PDS-012-21, Addendum to Report PSD-050-20)  Lands at the northeast corner of Richfield Square and Nash Road, Courtice (PSD- 056-20)  Lands at the southeast corner of Liberty Street and Longworth Avenue, Bowmanville (PSD-042-18)  415 Mill Street at Robert Street, Newcastle (PSD-019-20)  355 North Street at the CP Railway, Newcastle (PSD-046-20). 2.8 The above blocks of underdeveloped lands are best suited to townhouse development on private lanes. A public road connection is not possible nor realistic. An alternative to townhouse blocks for these properties would be to sever into multiple freehold dwelling lots which would result in multiple driveways, which could not be supported as they are corner properties on arterial roads. Multiple driveway access points would result in significant impact to traffic patterns and the transportation network versus the one or two private lane access points. Another alternative is for the lands to remain vacant which is undesirable, and does not meet provincial, regional and local policies o bjectives. 2.9 The private lane network enables the Municipality to achieve density and intensification targets while providing alternate housing choices for residents who desire a maintenance free lifestyle. 3. Provincial Legislative Framework for Condominium Developments 3.1 While the Regional Official Plan and the Clarington Official Plan policies lay out densities, heights and built forms across new and existing neighbourhoods – municipal land use policies do not contain regulations relating to tenure. There are policies that support affordable and rental housing, but there are no regulations to prohibit or limit townhouse condominiums on private lanes. 3.2 The Condominium Act, together with the Planning Act, lay the legislative framework for condominium developments. There are several different types: Vacant Land; Common Elements; Standard; Phased; Conversion from Rental to Condominium. In Clarington , the most common are Common Elements and Standard, with some being phased. 3.3 Once the principle of the development is approved and the private lane concept is generally endorsed i.e. the built form, layout, heights densities, the developer has the ability to proceed with the type of tenure they wish –the budget and reserve funds for maintenance and replacement costs are established by the Condominium Act. Municipality of Clarington Page 5 Report PDS-011-21 3.4 In a common element condominium, the common elements typically include the private lane, visitor parking, snow storage areas and an amenity space. In this type of condominium, the individual dwelling units are freehold and do not form a part of the collectively owned condominium property. This results in lower condominium fees, which contributes to the perception that they are more affordable than units in a standard condominium. 3.5 A standard condominium creates a condominium with the common areas identified above and more – i.e. all yards and landscaping, typically includes roof and window replacement. This type of condominium will have more expensive condominium fees because the extent of the common areas, maintenance and replacement costs are more significant. A standard condominium can be used for apartment buildings and also townhouse developments. 3.6 The common element condo is often the preferred choice of condominium since the condominium fees are lower and there are f ewer rules or restrictions on the POTL itself. This results in a unit that is appealing to a market, more cost sensitive (affordable), and able to take on more of the maintenance of the POTL. 3.7 Operational rules are established at the time that the condomini um is created. The condominium comes into existence at the time of registration of the condominium declaration, and it is to the responsibility of the condominium board/owners to manage the common elements from the date of ‘turnover’ in ownership. There is a whole suite of condominium legislation that is supported by property management corporations, lawyers and consultants, in which local municipalities do not play a role. 3.8 Previous sections highlight Regional and Clarington land policies that encourage townhouse development, and the provincial legislation that establishes the framework for condominium developments. On top of those limitations, there are other external checks and balances for condominiums. This includes condominium-specific protection under Tarion. Tarion is a not-for-profit consumer protection organization established by the Ontario government to administer the province’s new home warranty program . Also, Tarion is currently the regulator of new home builders to ensure they meet province -wide standards of technical competence and financial capability. Municipality of Clarington Page 6 Report PDS-011-21 4. Clarington’s Implementation Tools for Townhouse Condominiums 4.1 The development approvals process in Clarington provides additional limitations on townhouse condominium blocks. 4.2 At the preconsultation stage and in early discussions with developers, staff review whether a parcel of land will need to accommodate a public road connection, or whether a development block will include a private lane network. At the subdivision stage, staff continue to review layout of public roads and the size of townhouse blocks. The zoning regulations are established to regulate height, setbacks, parking, and minimum private lane widths. 4.3 At the site plan review stage additional technical and design elements are reviewed: architectural design and finishes, ensuring site can accommodate municipal waste pickup, establishing fire routes, creating recreational and amenity space, parking and visitor parking layout, pedestrian connectivity, snow storage areas, landscaping and lighting. 4.4 Staff continuously look at our processes, problem solve and implement solutions as situations arise and to think about future residents, and Clarington operations, where our jurisdiction allows. Examples include special conditions that require the condominium to plan for onsite snow storage or removal by a contractor; ensuring a/c condensing units are located to the rear and the appropriate screening of utility metres. 4.5 During the deliberation of infill projects, the issue of character and fitting in with the existing and established neighbourhood often arises. Planning Staff are currently working on intensification design guidelines, to provide guidance to the development community and assist staff in reviewing these types of developments. 4.6 It is important to note that fitting in does not mean being exactly the same. Staff aim to strike a balance between permitting some flexibility on heights and densities in transitional areas without permitting a significant deviation. This is supported by approved Official Plan Policies and urban design guidelines. 4.7 Despite the increasing number of condominium developments – the number of complaints or issues as the condominium becomes operational, do not appear to be on the rise, which suggests while they are compact, there are not major issues reports by the owners, and there is a general understanding among homeowners about what it means to be part of a condominium development. Municipality of Clarington Page 7 Report PDS-011-21 5. Concurrence Not Applicable. 6. Conclusion 6.1 Townhouse condominiums are an important segment in the housing market and expected to increase. Through existing Council endorsed policies and guidelines the design process provides the desired result. As part of our continuous learning and ongoing review of processes, Staff remain watchful of new and emerging trends in the condominium industry and will respond to issues within our jurisdiction should they arise. Staff Contact: Anne Taylor Scott, Principal Planner, Extension 2414, ataylorscott@clarington.net Interested Parties: There are no interested parties to be notified of Council's decision.