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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
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To Report PSD-096-11
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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.
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