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Home My WebLink AboutPD-125-94THE CORPORATION OF THE MUNICIPALITY OF CLARI ®®Ny,GT/OyyNN/ DN: KINGSCOURT.GPA AJtIIXM P U B L I �REPOMRI E T I N G Meeting: General Purpose and Administration Committee File # . v -1. -1 iC /� o V.- � Date: Monday, October 17, 1994 Res. #C:) 00 , ( i 71 PD- 125 -94 CDM 001 -94/C By -Lew Deport #: File #: Subject: CONDOMINIUM CONVERSION APPLICATION KINGSCOURT RESIDENTIAL LIMITED PART LOT 10, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: CDM 001 -94/C Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 125 -94 be received; 2. THAT the application to convert the tenure of 18 rental townhouse units to condominium units be referred back to Staff for further processing and preparation of a report subsequent pending receipt of all outstanding comments; and, 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Kingscourt Residential Limited 1.2 Agent: Dan Strike 1.3 Proposal: To convert the tenure of 18 three bedroom townhouse units from rental to condominium units. 1.4 Site Area: 0.213 hectares (0.53 acres) 2. LOCATION 2.1 Kingscourt Residential Limited owns 18 three bedroom townhouse rental units on a 0.665 ha (1.64 ac) parcel on Kings Court. The property in legal terms is known as Part Lot 10, Concession 1 in the former Town of,.Bowmanville. ....2 PAP E YI E T... PRIMED ON LECV- PAPER REPORT NO. PD- 125 -94 PAGE 2 3. BACKGROUND 3.1 On August 11, 1994, the Planning Department received an application from Mr. Dan Strike submitted on behalf of Kingscourt Residential Limited to convert the tenure of 18 three bedroom townhouse units from rental to condominium units. The application is submitted under the Rental Housing Protection Act and the Condominium Act and must be approved by Council. This application represents the first of its kind in this municipality. 3.2 The Planning Department received a letter on October 5, 1993 from Strike Salmers & Furlong indicating that they are the solicitors for Kingscourt Residential Limited. At that time, they requested information regarding the approval procedure for a condominium conversion under the Rental Housing Protection Act. As the municipality had never received any inquiries with respect to condominium conversion, the necessary research was undertaken to develop the appropriate forms and procedures to process this type of application. A report prescribing a fee schedule and processing procedures was approved by Council on February 28, 1994. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Residential 4.2 Surrounding Uses: East: Vacant land North: Vacant land West: Vincent Massey Public School South: Residential and commercial 5. OFFICIAL PLAN POLICIES 5.1 Within the existing 1991 Durham Region Official Plan and the Official Plan of the former Town of Newcastle, the subject lands are designated for residential uses. The existing development conforms with the relevant land use policies ... 3 '5 02 REPORT NO. PD- 125 -94 PAGE 3 5.2 Section 4.3.5 of the 1991 Durham Regional Official Plan provides policies with regards to the conversion of rental properties for condominium purposes. Conversions may be permitted provided that the following criteria are satisfied: ® the rental vacancy rate for the whole of the Region is 3.0% or higher for two successive surveys, as determined in the bi- annual rental vacancy survey undertaken by the Canada Mortgage and Housing Corporation (CMHC), or by a survey prepared by the Region's Planning Department in the absence of CMHC figures; o the rental vacancy rate, as determined by the CMHC bi- annual rental vacancy survey for two successive surveys, or by the Region's Planning Department in the absence of CMHC figures, is 3.0% or higher within the Municipality of Clarington; and, o the approval of such conversions to condominium tenure does not result in the reduction of the vacancy rate below 3.0 %, in accordance with the above - mentioned criteria. 5.3 We understand that the applicant has provided information to the Durham Region Planning Department in addressing the above noted criteria. A response from Durham Region is still pending. 6. ZONING BY -LAW COMPLIANCE 6.1 The subject lands are currently zoned "Urban Residential Type Three (R3)" which permits the existing townhouse development. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Pursuant to the requirements of the Rental Housing Protection Act and the Condominium Act, an appropriate Notice of Public ....4 5U"3 REPORT NO. PD- 125 -94 PAGE 4 Meeting advertisement acknowledging the conversion application was placed in the Canadian Statesman and the Clarington Independent. The required notice was also mailed to all existing tenants of the rental property, the applicant and the agent. 7.2 As of the writing of this report, no written submissions have been received. One inquiry relating to this proposal has been received. 8. AGENCY COMMENTS 8.1 The application was circulated jointly by the Clerks and Planning Departments to solicit comments from other relevant agencies. 8.2 Comments indicating no objections have been received from the following agencies: Municipality of Clarington Building Department Municipality of Clarington Fire Department 8.3 The Ministry of Housing through their Rental Housing Protection Program provided comments on the application. The Land Use Planning for Housing Policy Statement - 1992 Bulletin (LUPHPS) defines an affordable rent in the Housing Region which includes the Municipality of Clarington as $1,000 or less and an affordable purchase price as $168,000 or less. Therefore, the Ministry views all rents in these units as affordable. Section 8.(1) of the Regulation under the Rental Housing Protection Act (O.R. 524/94) states: The Council of a municipality shall not approve an application under the Act unless the Council is satisfied that at least one of the criteria is met: ....5 5 04 REPORT NO. PD- 125 -94 PAGE 5 1. Council finds that, a) a rental property for which an application is made for demolition is structurally unsound, or b) a rental property for which an application is made for renovation or repair is structurally unsound at the time of the application and will continue to be structurally unsound if renovation or repair proposed by the applicant is not carried out and, in the case where tenants are in occupation of the unit, that vacant possession is required to effect the renovation or repair. 2. The applicant agrees, a) to provide the same number of new rental units in a similar rental range and in the same area as those as those for which approval is given; and, b) to provide rental accommodation in the same area of similar quality and rent, either in the new rental units or in other existing rental property, to any tenant who is required to give up possession of a rental unit as a result of the approval. 3. In the opinion of Council, the proposal does not adversely affect the supply of affordable rental housing in the municipality." The first approval criterion is irrelevant to this application. The second approval criterion appears to be irrelevant to this application. The applicant does not indicate an ability to replace the units which will be lost or to appropriately relocate any tenants who may be displaced. The third approval criterion is relevant to this application. Council may approve this application if it is of the opinion that the loss of these 18 affordable rental units will not adversely affect the affordable rental housing supply. ...6 REPORT NO. PD- 125 -94 PAGE 6 Should Council decide to approve the application at a future time, Council has the right to impose reasonable conditions of approval, enter into agreements with the applicant and having these registered against the title of the property. Suitable conditions as suggested by the Ministry of Housing might include the following: • provision of first right of refusal to all tenants interested in purchasing their units; • pricing of units for sale to tenants at the levels disclosed in the application; • provision to tenants who do not wish to purchase of a period of security of tenure from eviction by the applicant or subsequent purchaser of a condominium on the grounds of personal possession under section 103 of the Landlord and Tenant Act; and, • preparation of a structural audit and reserve fund analysis to the satisfaction of the municipality, and provision of a copy of this report free of charge to prospective purchasers before they enter into binding agreements of purchase and sale. However, Council may impose any further conditions it considers reasonable. 8.4 Comments from the Canada Mortgage and Housing Corporation remain outstanding. 9. STAFF COMMENTS 9.1 The applicant is required under the legislation to reveal the current rents paid by each tenant as well as the proposed selling prices of the units should the tenure conversion application be approved. Based on the information provided in the application, the average unit size is approximately 1,182 ....7 J06 REPORT NO. PD- 125 -94 PAGE 7 square feet. The amount of rent currently paid by each tenant on a monthly basis is $755.00. Further, the applicant proposes to sell these two storey, three bedroom townhouse dwelling units would be sold for approximately $75,000 each. The applicants do not propose any renovations, repairs or changes in conjunction with this application. However, they intend to provide some aesthetic upgrades to the property to improve its marketability. 9.2 As the purpose of this report is to satisfy the requirements for a Public Meeting under the Rental Housing Protection Act and the Condominium Act, and considering the remaining outstanding comments, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development RH *FW *cc Attachment #1 - Key Map Attachment #2 - Site Plan October 7, 1994 Reviewed by, W. H. 8t ockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Kingscourt Residential Limited 1200 Eglinton Avenue East Suite 707 Don Mills, Ontario M3C 1H9 Attn: Mr. Simon Johnson Strike Salmers & Furlong 38 King Street West P.O. Box 7 Bowmanville, Ontario L1C 3K8 Attn: Mr. Dan Strike ....8 REPORT N0. PD- 125 -94 PAGE 8 Christina Shaw Unit #1 37 Kingscourt Road Bowmanville, Ont. L1C 2K7 Linda Weston Unit #5 37 Kingscourt Road Bowmanville, Ontario L1C 2K7 Paul Johnson Unit #9 37 Kingscourt Road Bowmanville, Ontario L1C 2K7 Duane and Faye Russ Unit #15 37 Kingscourt Road Bowmanville, Ontario L1C 2K7 Paul and Valerie Bromell Unit #19 37 Kingscourt Road Bowmanville, Ontario L1C 2K7 Donald and Brigitte Potter Unit #23 37 Kingscourt Road Bowmanville, Ontario L1C 2K7 William and Ann Sutton Unit #27 37 Kingscourt Road Bowmanville, Ontario L1C 2K7 Wayne and Barbara Worth Unit #31 37 Kingscourt Road Bowmanville, Ontario L1C 2K7 Jacquie Cook Unit #35 37 Kingscourt Road Bowmanville, Ont. L1C 2K7 508 Tammy Hawrychuk Unit #3 37 Kingscourt Road Bowmanville, Ont L1C 2K7 Penny Vermeulen Unit #7 37 Kingscourt Road Bowmanville, Ontario L1C 2K7 Peter and Janet Ryan Unit #11 37 Kingscourt Road Bowmanville, Ontario L1C 2K7 James and Kathleen Raine Unit #17 37 Kingscourt Road Bowmanville, Ontario L1C 2K7 Scott and Julie Newell Unit #21 37 Kingscourt Road Bowmanville, Ontario L1C 2K7 Robert and Shirley Leal Unit #25 37 Kingscourt Road Bowmanville, Ontario L1C 2K7 Brenda -Lee Ferguson Michael Royer Unit #29 37 Kingscourt Road Bowmanville, Ontario L1C 2K7 Cheryl Younge Unit #33 37 Kingscourt Road Bowmanville, Ontario L1C 2K7 Chris Rossiter Unit #37 37 Kingscourt Road Bowmanville, Ont L1C 2K7 FZI'A SUBJECT SITE LOT I I LOT 10 BOW ANVI LLE KEY MAP • 100 200 3001 • %f,%PDM 001794/C = -"ut Z /�0 ,V / � d U Z 0 U um- � - J • �I IYId)4t It- K /. boll 3S'WE U..Ii 1�u1H i i�wi cFL I z 'OUNK 4 VIM .4-1 IS61 r r R a MII/ I ,J l 1)44 1�-w wW1 : ELF IONS co / ,fit' ^ M1�•)Y)o .a.... 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