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HomeMy WebLinkAboutPSD-029-13 Clarington PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 22, 2013 Resolution #: - -11yBy-law #: Report #: PSD-029-13 File #'s: C-C-2012-0002 Subject: PROPOSED DRAFT PLAN OF CONDOMINIUM TO ALLOW FOR CONDOMINIUM TENURE OF TWO APARTMENT BUILDINGS APPLICANT: ASPEN HEIGHTS II LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-029-13 be received; 2. THAT the request to deem the subject application exempt from Section 51 (Public Meeting) of the Planning Act be considered appropriate in the circumstances as authorized by Section 9(7) of the Condominium Act; 3. THAT the application for proposed Plan of Condominium C-C-2012-0002 submitted by Aspen Heights Ltd. be approved subject to conditions as contained in Attachment 3 to Report PSD-029-13; 4. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-029-13 and Council's decision; and 5. THAT all interested parties listed in Report PSD-029-13 and any delegations be advised of Council's decision. Submitted by: Reviewed by: - ` David rom , MCIP, RPP Franklin Wu Directo of Planning Services Chief Administrative Officer ATS/CP/av/df 9 April 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 REPORT NO.: PD-029-13 PAGE 2 1. APPLICATION DETAILS 1.1 Owner/Applicant: Aspen Heights II Ltd. 1.2 Proposed Draft Plan of Condominium: To permit the condominium tenure of 82 apartment units in two (2) buildings, including private driveways, amenity space, services and parking areas. 1.3 Area: 1.25 ha 1.4 Location: The subject lands are located in Bowmanville, fronting on the west side of Green Road, south of the CP Rail line (Attachment 1). The property is within Part Lot 17, Concession 1, former Township of Darlington and further described as Block 1, Plan 40M-2405. 2. BACKGROUND 2.1 The two (2) apartment buildings (82 units) form part of a 201-unit medium density development located at the northwest corner of McBride Avenue and Green Road in Bowmanville. The buildings are under construction and nearing completion. jj 2.2 The purpose of the subject condominium application is to allow each apartment dwelling unit to be bought and sold as an individual property with a shared common interest in the common areas of the development through the creation of a condominium corporation. The proposed Draft Plan of Condominium is included as Attachment 2. PORT NO.: PSD-029-13 PAGE 3 2.3 The 201 medium density units were approved through previous development applications and include the two apartment buildings (82 units) and 119 townhouse units which are being phased and approximately 60% complete. The 119 townhouse units have condominium tenure, separate from the apartment units, and are accessed by a series of private lanes, owned and maintained by the condominium corporation. 2.4 Also underway is a row of 42 semi-detached (link) dwelling units and two (2) single detached dwelling units which will front on McBride Avenue and will have vehicular access to rear garages/parking spaces via a shared rear laneway part of the adjacent townhouse condominium. These units are freehold and the laneway is part of the adjacent condominium corporation. Access easements have been granted in favour of future owners/tenants of the 82 apartment units and the 44 units along McBride Avenue. 2.5 Several public meetings have been held relating to the subject development dating back to 2004. During the public meeting process in 2004, two (2) members of the public had concerns relating to the proposed medium density development, however, the development was approved without appeal to the Ontario Municipal Board. During public meetings held in 2008 (rezoning) and 2009 (land division), no members of the public objected to the principle of the development. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The construction of the two apartment buildings (82 units) is underway. 3.2 Surrounding Uses: North: CP railway and existing residential development South: Semi-detached/link units with private rear lane East: Existing medium density condominium development; Holy Family Elementary School West: Condominium townhouse development under construction (119 units) 4. PROVINCIAL POLICIES 4.1 Provincial Policy Statement (PPS) The subject apartment development conforms to the PPS. 4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan) The subject apartment development conforms to the Growth Plan. REPORT NO.: PSD-029-13 PAGE 4 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the land as Living Area. The subject apartment buildings conform to the Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the land for medium density residential development. The subject apartment buildings conform to the Clarington Official Plan. 6. ZONING BY-LAW 6.1 In Zoning By-law 84-63, as amended, the subject lands are zoned "Urban Residential Exception (R3-36) Zone". 7. STAFF AND AGENCY COMMENTS 7.1 The subject application has been circulated to external agencies and internal departments for comments and no objections have been received. 8. DISCUSSION 8.1 The principle of the development has been established through the various development approval processes, including an Official Plan Amendment, Zoning By-law Amendment, a proposed Draft Plan of Subdivision, and a Site Plan application. A consent application to create a shared laneway for access has also been considered and approved. All of the aforementioned applications were submitted, reviewed and approved in accordance with Planning Act requirements including public meetings. No appeals have been received. 8.2 The subject application differs from previous development applications as the purpose of the proposed Draft Plan of Condominium is to establish condominium tenure for the 82 apartment units, i.e. to allow each apartment unit to be bought and sold individually. Approval of the condominium would also establish a shared common interest and proportionate share for the maintenance and replacement costs of the private and shared driveway and parking areas, outdoor and indoor amenity space, and services contained within the limits of the development. 8.3 The creation of condominium developments is given its authority under the Condominium Act, 1998. Section 9 of the Condominium Act requires that the approval of a condominium follow Section 51 of the Planning Act which prescribes the actions to be followed when considering a proposed draft plan of condominium, such as holding a REPORT NO.: PSD-029-13 PAGE 5 public meeting, public notice and appeal periods, in the same manner a draft plan of subdivision is processed. 8.4 The Municipality has the authority under Section 9(7) of the Condominium Act to grant an exemption from those provisions of Section 51 if it is "appropriate in the circumstances". 8.5 There have been four (4) statutory public meetings relating to the subject lands, two of which occurred in the last five (5) years. There has not been any objection to the apartment development and there has been general understanding through previous staff reports that the development would be operated as a condominium. 8.6 During the development approval process, staff have had regard to the criteria contained within the Planning Act relating to the appropriateness of the development and the technical matters relating to roads, access, setbacks, open space and amenity areas, landscaping, noise attenuation, grading and servicing. These matters have been addressed and approved through the site plan process and will not be further reviewed as part of the subject application. 8.7 By exempting the subject application from the public notice provisions of Section 51 of the Planning Act, the public notification process, including the requirement to hold a public meeting, can be waived. Furthermore, if deemed exempt, the application for condominium tenure cannot be appealed to the Ontario Municipal Board. 8.8 For these reasons, and since all of the other development approvals have proceeded through the public consultation process without objections or concerns, it is recommended that the Municipality exercise its option to exempt the proposed draft plan of condominium from Section 51 of the Planning Act and to allow the development to have condominium tenure subject to the conditions contained in Appendix 4. 9. CONCURRENCE — Not Applicable 10. CONCLUSION 10.1 Under the authority of Section 9 of the Condominium Act, it is recommended that the subject application for a proposed Draft Plan of Condominium be exempt from Section 51 of the Planning Act and approved subject to the conditions of draft approval. REPORT NO.: PSD-029-13 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: 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, Planner II 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: Kelvin Whalen, Aspen Heights II Ltd. 0 x CD 0 � D CA fli � 0 o3 N CD T W Attachment To Report P8O-O2S-13 AREA UNIT UNIT UNIT UNIT UNIT U.T UNIT UNIT -T U.T UNIT UNIT UNIT UNT DIAGRAM LLUSTRATING 7­7 CROSS SECTION 'A'-'A' CROSS SECTIO 'B-'B' KEY PLAN DRAFT PLPI OF STANDARD CONDWINIWA OF BLOCK 1 REG STERED PLAN 40W2405 REGIONAL YUNICIPALITY OF DURHAM It J.D.BARNES LIMITED METRIC CONFIGURATIO OF CONFIGURATION OF Y,01 J.� UNITS 13 TO 24. UNITS 13 TO 24, INCLU IVE ON INCLUSIVE ON ADDITIONAL INFORIAT10N REQUIRED UNDER SECTION 51 1171 OF THE PLANNING ACT. NOTES STORAGE LOCKER UNITS I.T. CONFIGURATION OF INCLUSIVE JUNITS 13 TO 64. CONFIGURATION OF CONFIGURATION OF rs I TO M Ii TO 12� UNMTusI OWNERS CERTIFICATE UNITS I VE ON -,ART llqti RFGISTFREF) PLAN 40M 2446 REGIETERED PI AN 40NI 2446 SURV �S CERTIFICATE Attachment 3 To Report PSD-029-13 DRAFT PLAN OF CONDOMINIUM l CONDITIONS OF DRAFT APPROVAL FILE NO.: C-C-2012-0002 DATE: APRIL 9, 2013 j 1. The Owner shall have the final plan prepared on the basis of the approved draft plan of condominium C-C-2012-0002 prepared by J.D. Barnes Limited, reference number 10-25-298-08, dated January 7, 2013, which illustrates proposed draft plan of standard condominium containing 82 apartment units in two (2) buildings, a garbage enclosure, outdoor and indoor amenity space, driveway and parking areas. 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. The Owner shall notify prospective purchasers of: • the land's proximity to the railroad tracks; • the Municipality's parking regulations; and • limitations with respect to on-street parking. Notification shall be provided as a separate printed notice attached to each Offer of Purchase and Sale Agreement to the satisfaction of the Director of Planning Services. 5. 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. I i 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 j 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.