Loading...
HomeMy WebLinkAboutPSD-038-13 Clarftwn REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 10, 2013 Resolution #: 9 P14-341-7-,oBy-law #: Report#: PSD-038-13 File #'s: C-C-2013-0001 & ZBA 2013-0014 Subject: AN APPLICATION TO CREATE A COMMON ELEMENT CONDOMINIUM AND REMOVAL OF HOLDING SYMBOL APPLICANT: PORT OF NEWCASTLE EAST LANDS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-038-13 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-2013-0001 submitted by Port of Newcastle East Lands be supported; 4. THAT the application to remove the Holding (H) symbol be approved, and the attached By-law to remove the Holding (H) symbol for the subject lands be passed upon execution of the condominium agreement; 5. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-038-13 and Council's decision; and 6. THAT all interested parties listed in Report PSD-038-13 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-038-13 PAGE 2 Submitted by: Reviewed by: � D vi . Crome, MCEP, RPP Franklin Wu Director of Planning Services Chief Administrative Officer ATSICP/nlldf 4 June 2013 REPORT NO.: PSD-038-13 PAGE 3 1. APPLICATION DETAILS 1.1 Owner/Applicant: Port of Newcastle East Lands 1.2 Proposed Draft Plan of Condominium: To permit a common element condominium for the temporary, private sanitary sewer system across the front yards of the twelve (12) street townhouse units. 1.3 Area: 0.35 ha 1.4 Location: The subject lands are located in Newcastle, fronting on the north side of Lakebreeze Drive, just west of Shipway Avenue (Attachment 1). The property is within Part Lot 29, Broken Front Concession, former Township of Darlington and further described as Blocks 1 and 2, Plan 40M-2253. 2. BACKGROUND 2.1 The subject townhouse blocks (12 units) form part of a larger, multi-residential area located at the Port of Newcastle. Neighbouring townhouse and apartment units are complete, while other lands are under site plan review or pending a site plan application. s d � x --36 Toatnhousa ifn is :5.. ' , i Ma ir�ne Yllage j Clubhouse �° 72 Apartment Un is d' 112T nh eUg gj i3 acs REPORT NO.: PSD-038-13 PAGE 4 2.2 The purpose of the subject condominium application is to establish a common element area (which is a 4.725 metre wide swath along the front yard of each townhouse lot) to contain a temporary, private sanitary sewer system in the front yard of each of the twelve (12) townhouse units. The proposed Draft Plan of Condominium is included as Attachment 2. 2.3 This temporary, private sanitary sewer with individual pumping systems in each unit is proposed because the municipal sanitary sewer service on Lakebreeze Drive, in front of the proposed lots drains towards the east. The lands cannot currently be serviced by a gravity-fed sanitary sewer. Ultimately, the servicing of these lands depends on the completion of a sanitary pumping station to be constructed on lands owned by the Region of Durham (the location of the Newcastle Water Treatment Plant), to the southeast. The timing of the pumping station is unknown at this time. Until this piece of infrastructure is completed, the proposed private sanitary sewer pumping system is the only way to service the lands. 2.4 Each freehold townhouse unit would have a shared common interest in the common element area. A condominium corporation would be established, and each owner would have an equal share in the ownership, maintenance and eventual conversion of the units to connect to the sanitary sewer system within the Lakebreeze Drive road allowance, once the ultimate sanitary pumping station is constructed. The condominium corporation will also be responsible for maintenance of the front yards of the 12 lots. 2.5 The principle of the townhouse development has been previously established. The zoning of the subject lands to permit the twelve (12) townhouse units has been in place since 2003. Access easements are in place on adjacent lands to allow for vehicular access to the proposed attached garages to the rear of the units fronting onto Lakebreeze Drive. 2.6 The purpose of this report is to consider the proposed common element condominium and the request to exempt the application from Section 51 (Public Meeting) of the Planning Act as authorized by Section 9(7) of the Condominium Act. 3, LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are currently vacant. 3.2 Surrounding Uses: North: Marine Villas -- 72 apartment units (condominium tenure) South: Coastal Villas (condominium tenure) East: Lands subject to proposed site plan application (SPA 2008-0008), a total of 250 apartment units are proposed in 4 buildings (future condominium tenure) plus one building for a hotel West: 36 townhouse units (condominium tenure) REPORT NO.: PSD-038-13 PAGE 5 4. PROVINCIAL POLICIES 4.1 Provincial Policy Statement (PPS) The subject townhouse development conforms to the PPS. 4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan} The subject townhouse development conforms to the Growth Plan. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the land as Living Area. The subject townhouse units conform to the Regional Official Plan, 5.2 Clarington Official Plan The Clarington Official Plan includes the lands in the Port of Newcastle Harbourfront Centre designation. The subject townhouse units 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 "Holding - Urban Residential Exception ((H)R3-23) Zone". The R3-23 zone allows the proposed townhouse units and the Holding (H) prefix is typically removed by By-law at such time that all servicing issues have been addressed. 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 previous development approval processes, including an Official Plan Amendment, a Zoning By-law Amendment, and a proposed Draft Plan of Subdivision. The abutting condominium approval established the shared driveway for access to these twelve (12) units. All of the aforementioned applications were submitted, reviewed and approved in accordance with Planning Act requirements including public meetings. No appeals have been previously received. REPORT NO.: PSD-038-13 PACE 6 8.2 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". 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. In consideration of the previous public consultation process and approvals 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 creation of a common element condominium subject to the conditions contained in Attachment 3. 8.3 The subject application differs from previous development applications as the purpose of the proposed Draft Plan of Condominium is to establish a common element condominium for the temporary, private sanitary sewer system. The two blocks will be subject to future applications to Exempt Part Lot Control to create the twelve lots. Each lot and unit will eventually be freehold, meaning each townhouse unit can be bought and sold individually, each having a shared common interest in sanitary servicing contained within the limits of the common element area and access over the existing driveway system for vehicles to get to garages and parking spaces. 8.4 The subject lands were previously considered as part of a plan of subdivision for the Port of Newcastle lands. During this review, regard was given 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, grading and the ultimate servicing of the lands. Site plan approval is not required for this development. 8.5 Conditions of draft approval for the common element condominium will ensure that appropriate securities are in place for the temporary servicing system and warning clauses will be registered on title to ensure future owners of each townhouse unit, together with the condominium corporation understand their obligation to decommission the temporary servicing system and connect to the ultimate system once constructed. The owner will be required to enter into a development agreement with both the Region of Durham and the Municipality of Clarington and is required to put up security related to the decommissioning. The Region has no objections to the application and has provided conditions of draft approval included in Attachment 3. 9. CONCURRENCE — Not Applicable 10. CONCLUSION 10.1 It is recommended that the subject application for a proposed Draft Plan of Condominium be exempt from Section 51 of the Planning Act and that the application be supported. The Director of Planning Services will subsequently issue Draft Approval for the condominium subject to the conditions of draft approval, substantially in the form of those outlined in Attachment No. 3. It is also recommended that the attached By-law REPORT NO.: PSD-038-13 PAGE 7 to remove the Holding (H) symbol for the subject lands be passed upon execution of the condominium agreement. 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 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, Port of Newcastle East Lands Property location Map (Courtice) N STREET CALO L I, f E 1`77M � I l u 1 w CONETT(:R / N3 O i A CAK t H t5 � 4 v � r �W V U H �b�i2Y qQ� 1 & rs rFREp 1 1- �F D 1 , A°4J P a - it I aG z53 1 $Ubject / 4a°^ �4� x: f RF'G1S7 Site as I 1 1 Lake Ontario COMMON x , LgK�gR���� CC 20130001 Draft PIan of Condominium /V Owner: Port of Newcastle East Lands Ltd. CIDa o A. c� S O � CD W Z O W —a I I KEY ILAN�_.,_- ONO: FLAN CE OMMON ELEMENTS CONDOMINIUM OF PART OF BLOCKS t AND 2 REGISTERED PLAN 40M-2253 MUNICIPALITY OF CLARINGTON REGIONAL MUNIOIPALkTY OF DURHAM J.0.BARNES LIMITED clo-wxl�Pu Il�ETRIG v«M�:wo°�xxr ��,��T�r. ADDITIONAL INFORMATION RCOUIRED LNOCR SECTION 51117 IOF THE PLANNING ACT. vox A 44CV ene r Nrt NrevT�•Irl�l Q,c p Nxo l+oN I fLev Leeµamr�nvef�awC d Awuui N1xuT5, x iw.°awr iiw�r:exlree worn NTx Nx xwwxPa �I�E STdTISTIDS�� .�wyw xlrxrwr,wrNwxux.nwr.. YxttlHk rN++Yxu{s x4�rPrniry[my,oN eU;ywis N-QTR ..x , ,. xxNN.�N,rl��x���NoxypNP x�,N r�,�x�xW r.�.c. T P Px P..p eCL INexM[NTx.NC PY JG Nex+rCS LIP UhCes xovlp o1HCvwlsL, SURVEYOR'$CERTIFICATE IXLxePN trhT.N iX.T Hw[bNWxkl[s�ir<Lxxo 16 eL p LxIN xPC MCInattLi xNN tePPCtt�i�sHex..P is lMl APw OWNER'$CERTIFICATE I H-1­"T Tn TXL xd IDN of TXIs K to PORT OF NEWCASTLE LANDS EAST LTD. O T xsvC vurxoxlhy o wtil ZONING CAT0000, .� n J. D.BARN E: O vv r.e�.w pa•A '"'•• c 6 W Z O W IV t y DURHAM STANDARD CONDOMINIUM PLAN Norn.205 i }! I ,ew er ro ra W-r 4, owsys } V 1 ^yIt 1 Ill I I `yI ydI N } YP!! F 6. � I uunK v.�acc• xw,w.vu.u. e ! !I I r� jI } ^.dry j s I ! }} ! L —LI LANE WAY W PART%PLAN 40R�2 4Ti] ,uxxcr ro 1 I rASC.vcnr PART P,PLAN 40R-21747 as w mewaexs I < 1 m l RFCI$TFRFO I PLAN 14CM- ?253 �--I REOISTEREDI. (PLAN I I e 1 1 es I I I f k I I II } � Ill i vF I a j aF as a 4N 6g q �; o a Q -BLOCK I— I —BLOCK I 2— c I A - ° l� i n , 77 1 77 i +r j vn LOMMON PART l] CLCMCNT: 54WEC1!0 LA:LMLM A.'Ay AlSWSN9 I 6RIVE ! ! LAKEBREEZE _ REGISTERED PLAN 40M-2253 —BART 61 PLAN 40R-V8 6 _ uNSN�s � II I I KEY ILAN�_.,_- ONO: FLAN CE OMMON ELEMENTS CONDOMINIUM OF PART OF BLOCKS t AND 2 REGISTERED PLAN 40M-2253 MUNICIPALITY OF CLARINGTON REGIONAL MUNIOIPALkTY OF DURHAM J.0.BARNES LIMITED clo-wxl�Pu Il�ETRIG v«M�:wo°�xxr ��,��T�r. ADDITIONAL INFORMATION RCOUIRED LNOCR SECTION 51117 IOF THE PLANNING ACT. vox A 44CV ene r Nrt NrevT�•Irl�l Q,c p Nxo l+oN I fLev Leeµamr�nvef�awC d Awuui N1xuT5, x iw.°awr iiw�r:exlree worn NTx Nx xwwxPa �I�E STdTISTIDS�� .�wyw xlrxrwr,wrNwxux.nwr.. YxttlHk rN++Yxu{s x4�rPrniry[my,oN eU;ywis N-QTR ..x , ,. xxNN.�N,rl��x���NoxypNP x�,N r�,�x�xW r.�.c. T P Px P..p eCL INexM[NTx.NC PY JG Nex+rCS LIP UhCes xovlp o1HCvwlsL, SURVEYOR'$CERTIFICATE IXLxePN trhT.N iX.T Hw[bNWxkl[s�ir<Lxxo 16 eL p LxIN xPC MCInattLi xNN tePPCtt�i�sHex..P is lMl APw OWNER'$CERTIFICATE I H-1­"T Tn TXL xd IDN of TXIs K to PORT OF NEWCASTLE LANDS EAST LTD. O T xsvC vurxoxlhy o wtil ZONING CAT0000, .� n J. D.BARN E: O vv r.e�.w pa•A '"'•• c 6 W Z O W IV Attachment No. 3 To Report PSD-038-13 DRAFT PLAN OF CONDOMINIUM CONDITIONS OF DRAFT APPROVAL FILE NO.: C-C-2013-0001 DATE: JUNE 3, 2013 1. The Owner shall have the final plan prepared on the basis of the approved draft plan of condominium C-C-2013-0001 prepared by J.D. Barnes Limited, reference number 13-25-75500; dated April 10, 2013, which illustrates proposed draft plan of common elements condominium for a temporary private sanitary sewer pumping system for twelve (12) townhouse dwelling units. 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 the private servicing system. 3. The Owner shall submit a grading/occupancy deposit in the amount of $30,000.00. 4. The Owner shall provide a security for works relating to the decommissioning (disconnection and capping) of the private forcemain, the removal of the pump systems and related appurtenances, and any other restoration work, based on a cost estimate prepared by a professional engineer. The cost estimate shall be subject to the approval of the Director of Engineering Services. 5. The Owner agrees to submit individual house siting plans as part of the Building Permit application for each of the 12 freehold townhouse dwelling units. 6. The Owner agrees to complete all boulevard works (curb, gutter, sidewalk and street trees) and to complete the pedestrian connection between Blocks 1 and 2, Plan 40M-2253, being part of SPA 2004-006. 7. 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. 8. The Owner agrees to place the following in the condominium declaration and all agreements of purchase and sale between the Developer and all prospective home buyers: "This property is temporarily serviced by a private sanitary sewer pumping system and is within the common element condominium, Upon the construction of the sanitary pumping station to service this section of Lakebreeze Drive, the property owner/condominium corporation will be responsible for all plumbing work necessary to connect to the municipal gravity sanitary sewer previously installed at the property line including application for permits." "The condominium corporation shall be responsible for the operation and maintenance of the private sanitary sewer pumping system. Upon connection to the municipal gravity sanitary sewer, the condominium corporation shall be responsible for the decommissioning (disconnection and capping) of the private forcemain, the removal of the pump systems and related appurtenances, and any other restoration work." 9. 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. 10. 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.