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Home My WebLink AboutPSD-005-12 • Leading the Way REwPhORT SERVICES PLANNING PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 23, 2012 Resolution #: / By-law #: N/A Report #: PSD-005-12 File #: C-C 2011-0002, 18T-87087 and 18T-89021 Subject: APPLICATION FOR A COMMON ELEMENTS DRAFT PLAN OF CONDOMINIUM, AND REVISIONS TO DRAFT PLANS OF SUBDIVISION 18T- 87087 & 18T-89021 APPLICANT: HALLOWAY DEVELOPMENTS LTD. AND 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-005-12 be received; 2. THAT the application for a Common Elements Draft Plan of Condominium, and Revisions to Draft Approved Plans of Subdivision 18T-87087 and 18T-89021, continue to be processed, including the preparation of a subsequent report considering all agency comments and comments received at the Public Meeting; and 3. THAT all interested parties listed in Report PSD-005-12 and any delegations be advised of Council's decision. Submitted by: /104t Reviewed by: � DgvicYJ. Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer B R/C P/df/av 17 January 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-005-12 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant/Owner: Halloway Developments Ltd. and H&H Properties Inc. 1.2 Agent: D.G. Biddle & Associates Limited 1.3 Proposed Draft Plan of Condominium: To permit a common element condominium tenure for private streets, pedestrian connections, amenity area, visitor/parking areas and utility building portion of the development. 1.4 Proposed Revisions to Draft Approved Plans of Subdivision 18T-87087 and 18T-89021: To permit the creation of one block in each subdivision plan to be used jointly for the development of 120 townhouse units. 1.5 Area: 3.002 hectares (7.418 acres) 1.6 Location: Part Lot 12, Concession 2, Former Town of Bowmanville, 237 & 239 Scugog Street and unaddressed property at southeast corner of Scugog Street & Longworth Avenue, Bowmanville (See Attachment 1 to Report PSD-005-12 — Property Location Map and Site Plan). 2. BACKGROUND 2.1 A 120 unit common elements condominium townhouse development is proposed for the lands at the southeast corner of Longworth Avenue and Scugog Street. Part of Draft Approved Plan of Subdivision 18T-87087 is proposed to be revised and all of Draft Approved Plan of Subdivision 18T-89021 is proposed to be revised to accommodate the proposed development. The revisions would create one block in each plan of subdivision to be used jointly for the development of 120 townhouse units. The layout of the 120 unit development will be approved through application for Site Plan approval. Application for a Common Elements Plan of Condominium has also been submitted. 2.2 On November 22, 2011, the applicant submitted applications for: Draft Plan of Condominium, revisions to Draft Plans of Subdivision 18T-87087 and 18T-89021, Removal of Part Lot Control and Site Plan Approval (Residential) all to permit the above-mentioned proposed development (See Attachment 1). If the proposed development is approved, each townhouse unit and the lot upon which it is constructed will be bought and sold individually by each respective purchaser. The owner(s) of each lot would have a shared common interest in the private streets, private sidewalks, amenity area, visitor parking areas and utility building. The shared common interest gives 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. REPORT NO.: PSD-005-12 PAGE 3 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, together with applications to amend the draft approved plans of subdivision. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are located at the southeast corner of Scugog Street and Longworth Avenue, with frontage on both Scugog Street and Longworth Avenue. The vacant land is generally flat and there are some trees in groupings and individually. 3.2 The surrounding uses are as follows: North - Longworth Avenue and beyond, Supermarket Commercial property being developed South - Residential East - Residential West - Scugog Street and beyond, Tributary Valleyland (EP Designation & Zone) and Residential 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 proposed development conforms to the Durham Regional Official Plan. REPORT NO.: PSD-005-12 PAGE 4 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as "Urban Residential". The proposed development conforms to the Clarington Official Plan. The Clarington Official Plan has an "M" (Medium Density) Symbol on the proposal site straddling the two properties. Table 9-2 `Housing Targets by Neighbourhood' allows for 200 medium density units in the Elgin Neighbourhood. Approximately 124 units of the designated 200 medium density can still be accommodated in the Neighbourhood with little undeveloped land left elsewhere. Therefore, this 120 townhouse unit proposal can be developed in the Elgin Neighbourhood without exceeding the Clarington Plan housing unit targets for said Neighbourhood. The proposal site occupies the southeast corner of the intersection of two Type 'C' Arterial Roads necessitating a noise study. 6. ZONING BY-LAW 6.1 Within Zoning By-law 84-63, as amended, the subject lands are zoned "Holding - Urban Residential Type Three ((H)R3) Zone". The R3 zone permits link "townhouse units" with a maximum density of 40 units per ha. The proposed 120 townhouse units conform. 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 Scugog Street and Longworth Avenue frontages. 7.2 One inquiry on the subject applications was received at the time this report was written. One couple living east of the proposal advised that during severe storms, there was a drainage issue on-site. They inquired about tree preservation and traffic studies, as well as the appearance of the units and a noise study. 8. AGENCY COMMENTS 8.1 The application has been circulated to agencies for comments. Most comments have not been received as of yet. 8.2 The Clarington Engineering Services Department has commented that they have no objection to the two applications for Amendment to Draft Approval or the application for proposed Plan of Condominium however the Site Plan application needs further review. This includes addressing the following issues: • Traffic; • Noise attenuation; • Grading and drainage; REPORT NO.: PSD-005-12 PAGE 5 • Storm Water Management; • Entrances and Access; • Privacy; • Parking; and • Servicing. 9. STAFF COMMENTS 9.1 In addition to typical proposed condominium plan, site plan and revised draft approved plan of subdivision drawings, staff has received from the applicant: • A functional servicing report; • A stormwater management brief; • An energy management/sustainability plan; • An environmental noise report; and • A tree preservation report. These will be reviewed by the relevant agencies. 9.2 The proposed amendments to draft approval eliminate a proposed public street which was draft approved in the early 90's with 6.0 metre wide townhouses on both sides of the street. This form of development, with townhouses across the street from townhouses, is typically not permitted today, due to on-street parking concerns. The proposed development eliminates that issue as well as the rear yards and noise fences occupying the majority of the frontage of the two Type `C' arterial streets. 9.3 The proposed development will be reviewed in detail including the site plan approval prior to final recommendation to Committee and Council. Should the development be approved the site plan agreement will include clauses that will adequately protect the Municipality's interests, including: building placement and parking areas; servicing and grading; landscaping; entrance works; and financial securities. 9.4 Municipal planning documents focus more on built form versus tenure or ownership of the lands. Common Elements Condominium approval is an appropriate mechanism to create the shared private streets, private sidewalks, amenity area, visitor parking areas and utility building. 10. CONCURRENCE — Not Applicable 11. CONCLUSION 11.1 It is respectfully recommended that the Common Elements Condominium application, the application to revise Draft Approved Plans of Subdivision 18T-87087 and 18T-89021 be referred back to staff for further processing. REPORT NO.: PSD-005-12 PAGE 6 CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Bob Russell Attachments: Attachment 1: Property Location Map and Site Plan List of interested parties to be advised of Council's decision: Halloway Developments Ltd. H&H Properties Inc. D.G. Biddle & Associates Limited Durham Regional Planning Department 0 X (D _0 0 -� D o0 o3 00 (n N � Property Location Map (Bowmanville) AP �� •,ti. "- A3 3 Subject Site ® qM\.-- °:mss'"��('��-1- •.>�.,\ly :I 1r_4- M+ �.� � '� ��,am.>. HIM P= �f W ¢ ( Lands Subject To Plan tii I 1 I II a � i` LJJ �, ��¢�!�� ,pQ , , I;e-__ � ��.I -N - :i I�,t�C >. �t; I , �! �: ` �,{r - = _T: cc Zoe -_ rf �, - eC I .�i' ., _189021 �: _ � b T 8 -000z DRAFT PLAN OF CONDOMINIUM -I-!'��"O-fT T IN i ( i� I i r t � � L =ry�;. REVISIONS TO DRAFT APPROVED PLANS OF SUBDIVISION O = � !_— -i~�#%�st"`^ � •F+� —..y=i�•.�'�'�L_�•.,uia._i�-r_��n,.--.,.•ar� _ -..--- y 18T-87087&18T-89021 a u._ia -- -'r U N Owner: Halloway Developments Ltd. and H&H Properties Inc. P,n 0 X (D _0 0 -� D o0 o3 00 (n N �