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HomeMy WebLinkAboutPSD-096-11 i • NR& E PON& ORT iding the Way PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution #: °49 -// By-law #: Report#: PSD-096-11 File #: C-C 2011-0001 Subject: APPLICATION FOR A COMMON ELEMENTS PLAN OF CONDOMINIUM APPLICANT: H&H PROPERTIES INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-096-11 be received; 2. THAT provided there are no significant objections to the application during the public meeting, the General Purpose and Administration Committee concur with the decision of the Director of Planning Services to issue Draft Approval of the proposed Plan of Condominium submitted by H & H Properties Inc.; 3. THAT a copy of Report PSD-096-11 be forwarded to the Durham Region Planning Department; and 4. THAT all interested parties listed in Report PSD-096-11 and any delegations be advised of Council's decision. Submitted by: Reviewed by: D i . Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer ATS/CP/df/av 5 December 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-096-11 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant/Owner: H&H Properties Inc. 1.2 Agent: D.G. Biddle & Associates Limited 1.3 Proposal: To permit a common element condominium tenure for the private driveway and amenity area. 1.4 Area: 0.215 hectares 1.5 Location: Part Lot 8, Concession 2, Former Township of Darlington, 298 Longworth Avenue, Bowmanville Block 33, 40M-2202 (See Attachment 1 — Property Location Map) 2. BACKGROUND 2.1 An eight (8) unit townhouse development is currently under construction on the subject lands. The townhouse development was recently site plan approved on August 24, 2011. The approved site plan includes two townhouse blocks, an internal driveway with access to Longworth Avenue, and a small, landscaped patio area. A development agreement was prepared by municipal staff and registered on title of the lands on September 8, 2011. 2.2 On October 28th, 2011, the applicant submitted an application for Draft Plan of Condominium for the subject development, to permit a common element condominium consisting of the internal driveway and patio area (Attachment 2). If approved, each townhouse unit and the lot upon which it is constructed will be bought and sold individually to each respective purchaser. The owner(s) of each lot would have a shared common interest in the driveway and patio area providing each of the owners the right to access and use the shared common areas. There is also a financial component of the condominium approval to ensure ongoing maintenance and repairs to the common areas. 2.3 Under the Condominium Act, the municipality may grant exemptions from sections of the Planning Act dealing with subdivision approvals, (such as the requirement to hold a public meeting and provide notice to land owners within a 120 metre radius). However, providing notice and holding a public meeting for the proposed plan of condominium is appropriate at this time. The application, if approved, allows Block 298 to be divided into 8 lots and the last public meeting to discuss the subject lands was held more than 15 years ago. REPORT NO.: PSD-096-11 PAGE 3 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are located at the northeast corner of Mearns Avenue and Longworth Avenue in Bowmanville. The site has frontage on both Mearns Avenue (with a 0.3 metre reserve) and on Longworth Avenue. 3.2 The surrounding uses are as follows: North- Lands zoned Environmental Protection (stormwater servicing corridor/naturalized area); low density residential development South- Medium density residential development East - Lands zoned Environmental Protection (stormwater servicing corridor/naturalized area); low density residential development West - Vacant, medium density residential block 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The PPS encourages growth within settlement areas on full municipal services. Land use patterns are to promote a mix of housing choices. The subject application is consistent with the PPS. 4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan) The Growth Plan directs growth to built up areas where the capacity exists to best accommodate expected population growth. Transit supportive densities and a healthy mix of residential uses are promoted. The Growth Plan principles are supportive of the subject application. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject lands as "Living Area". The subject development conforms to the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as "Urban Residential". The subject development conforms to the Clarington Official Plan. 6. ZONING BY-LAW 6.1 Within Zoning By-law 84-63, as amended, the subject lands are zoned "Urban Residential Exception (R3-16)". REPORT NO.: PSD-096-11 PAGE 4 6.2 A minor variance application (A2011-0019) was approved on June 2, 2011. The variance reduced the exterior side yard setback requirement from 6.0 metres to 3.0 metres and reduced the rear yard setback from 7.5 metres to 4.4 metres. The proposed development satisfies the "R3-16" zone requirements in all other respects. 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two (2) public meeting signs were installed along the Mearns Avenue and Longworth Avenue frontages. No inquiries on the subject application were received at the time this report was written. 8. AGENCY COMMENTS 8.1 The subject application has been circulated to a number of staff and agencies for comments, and no objections have been received. 8.2 Durham Region has provided comments and have no objections. The recommendations of the Noise Impact Study prepared by D.G. Biddle & Associates Ltd. have been included in the Site Plan Agreement. A Phase I Environmental Site Assessment has been completed and no concerns have been identified. The owner has entered into a Servicing Agreement with the Region of Durham and services have been installed at the site. 9. STAFF COMMENTS 9.1 The subject development was approved through the site plan process. The site plan agreement includes clauses that will adequately protect the Municipality's interests, including: building placement and parking areas; servicing and grading; landscaping; entrance works; noise attenuation and financial securities. 9.2 Municipal planning documents focus more on built form versus tenure or ownership of the lands. Condominium approval is an appropriate mechanism to create the shared private driveway and amenity area. 9.3 A condition of draft approval for the proposed condominium shall require an amendment to the site plan agreement to implement the conditions as contained in Attachment 3 of this report. REPORT NO.: PSD-096-11 PAGE 5 10. CONCURRENCE — Not applicable 11. CONCLUSION 11.1 Condominium approval is delegated to the Director of Planning Services. Based on the comments contained in this report, and provided there are no significant issues raised at the public meeting, the Director of Planning Services shall issue draft approval for the proposed plan of condominium, subject to the conditions of draft approval contained in Attachment 3, following Council's consideration of this report. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Anne Taylor Scott Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Draft Plan of Condominium Attachment 3 - Proposed Conditions of Draft Approval List of interested parties to be advised of Council's decision: H&H Properties Inc. D.G. Biddle &Associates Limited Durham Regional Planning Department Attachment 1 To Report PSD-096-11 s ' z C U 0 O M ® Z a g g a ® O o LL, �- _ ® O 2 o N � iL U ' LL = C. nTFFn 9 I M I . n 0® W D z W W CL Q CO a; Q ow a V �z V LO V M N a d d a a DnN3nd SN2JVEIA Attachment 2 To Report PSD-096-11 Inns K 3 zr INS lea @ @goi; �� F� to Man 3 U s w goa a w��Z ° gam �a° 8 a DO fln' ll Jon °��Sa 80�� � ��F; �� ��o eg � a •,,,,,, i i f 1 ' ' I i i i Ohl ' f 29.019 P 8 I 5 a -- " 00 I 1.. 1 �� ► a I I I IV. o�l Ila W per` 09. Al Ff2`LOfs 1 1 .Zaj9 <rosl a 9 s zt ap^N �J .N/5�NOJ:r3 Bl9' N�09,4191N l/Y 317N3A d sN&e-7w Attachment 3 To Report PSD-096-11 DRAFT PLAN OF CONDOMINIUM C-C-201 1-0001 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-2011-0001 prepared by D.G. Biddle & Associates Limited, project number 110084, dated September 26, 2011, which illustrates a common use element over the private driveway and amenity area. 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. The Owner shall submit a copy of the declaration for the proposed condominium to the Municipality of Clarington and shall be approved by the Director of Planning Services prior to registration of the plan. 4. 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. j