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Home My WebLink AboutPSD-076-04 ~ ". ;" .~ CJ!Jlmgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report #: PSD-076-04 File #: C-C 2003-001 ~~c::;; I' yt4' ';:'c>a .0>( By-law #: Subject: DRAFT PLAN OF CONDOMINIUM APPLICATION APPLICANT: ASPEN HEIGHTS II L TO. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-076-04 be received; 2. THAT the Draft Plan of Condominium application, submitted by Aspen Heights II Ltd. be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 3; 3. THAT a copy of Report PSD-078-04 be forwarded to the Durham Region Planning Department; and, 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Da id rome, MCIP, R.P.P. Director of Planning Services Reviewed by: - ~~~~ Franklin Wu, Chief Administrative Officer SA*L T*DJC*df 10 June 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 634 , .~ REPORT NO.: PSD-076-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Aspen Heights II Ltd. 1.2 Draft Plan of Condominium Application: To permit condominium tenure in five low-rise buildings containing 180 residential units. 1.3 Site Area: 2.86 hectares 2.0 LOCATION 2.1 The subject lands are located at 90, 94, 98, 102 & 106 Aspen Springs Drive in Bowmanville (Attachment 1). The property is contained within Part Lot 16, Concession 1, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On June 19, 2003, the owner submitted an application for condominium approval fo the Municipality of Clarington to permit condominium tenure in five low-rise residential buildings containing 180 units. A site plan agreement has been entered into between the Owner and the Municipality of Clarington and construction has begun on all of the five buildings. 4.0 OFFICIAL PLAN POLICIES 4.1 The lands are designated "Living Area" within the Durham Region Official Plan. The goal of the Living Area designation is to provide a full range of housing. 4.2 Within Clarington Official Plan, the subject lands are designated "High Density Urban Residential". The High Density Urban Residential designation permits 61-100 units per net hectare. The application, with 63 units per net hectare, conforms to the policies. 5.0 ZONING BY-LAW CONFORMITY 5.1 The subject lands are currently within the "Urban Residential Exception (R4-17) Zone" and "Urban Residential Exception (R4-10) Zone". The R4-17 zone permits 80 units per hectare. This application would conform to the zoning provisions. As noted, the subject property has dual zoning: "R4-17" and "R4-10". The "R4-10" zone is a 30 metre setback to the CP rail lands in which no buildings or structures are permitted. The "R4-17" zone has a rear yard setback requirement of 7.5 metres, which would be in addition to the 30 metre setback required by the "R4-1 0" zone. As this 1I"..s not the intent of the Municipality in approving the zoning for this property a rrlinor variance was applied for and received approval reducing the required rear yard setback of the R4-17 zone to 0 metres. / i 635 '- REPORT NO.: PSD-076-04 PAGE 3 5.2 The R4-10 zone requires a minimum setback of 30 metres to the Canadian Pacific Railway property. The application complies with this requirement. 6.0 AGENCY COMMENTS 6.1 There were no objections from the circulation of this application. 6.2 Central Lake Ontario Conservation and Durham Region Planning Department had no objection but included in their comments conditions for the Condominium Conditions of Draft Approval. 7.0 STAFF COMMENTS 7.1 A site plan agreement with the Municipality of Clarington detailing the location of buildings and landscaping features is presently registered on title. The site plan agreement also covers financial matters, including development charges and performance guarantees for landscaping and engineering works. The appropriate Letters of Credit were obtained from the Owner for these performance guarantees. This property is also within a registered plan of subdivision and the appropriate parkland dedication was made through the plan of subdivision. Staff has no objections to the approval of the application for Plan of Condominium. 7.2 Building permits have been issued for all of the five buildings, representing 180 units, and construction has begun on all of the buildings. 7.3 The Owner is aware that the Municipality shall require a site plan amendment to implement the conditions of draft approval contained in Attachment 2 of this report. 8.0 CONCLUSIONS 8.1 Based on comments contained in this report it is respectfully recommended that revisions to the subdivision be APPROVED, subject to the attached conditions of draft approval contained in Attachment 3. Attachments: Attachment 1 - Condominium Plan Attachment 2 - Conditions of Draft Approval Interested parties to be notified of Council and Committee's decision: Aspen Heights Limited 1029 McNicoll Avenue Scarborough, ON M1W 3W6 636 A' :-{ ~,..," '. ~flo. ~_" ~ ~\.: ,':-" ....\.. '<""'" '- \ '\ O~ \ ""'. .\()~ \ ' ~V \ ~ ~() \~~. C~ Il' \:~\ ~(;.~ V"~ <i>'\' I '- " / , 2 i c;" .0' r-," cs"'- . ~ ,- r , , / t= ATTACHMHH 1 , :;: .- "< -_ c-' - "7 "''' '- ":':\ ""'<:.~-;:.. . - -\ - -c ( , , , J CC 2003-001 Clarington Condominium Plan ,'" ", Owner: Kelvin Whalen Aspen Heights II Ltd. 637 '-- ATTACHMENT 2 CONDITIONS OF DRAFT APPROVAL 1. The Owner shall have the final plan prepared on the basis of approved draft plan of condominium C-C-2003-001 prepared by J.D. Barnes Limited identified as job number 01-25-202-04, dated June 4, 2003, which illustrates 180 units in five (5) low- rise buildings, parking facilities, open space and indoor amenity area. 2. Prior to final approval, the Owner shall submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of the Environment (MOE). This must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. 3. That prior to final approval of the plan, the owner shall agree, by the way of an executed Condominium Agreement, to satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham concerning the provision of roads, installation or service and drainage including: a. The payment of service charges and/or development charges in accordance with Regional Policies; b. Maintaining unobstructed access to existing water metres for servicing by Regional personnel; and c. Ensuring that metering changes proposed by the owner and/or Condominium Authority shall be approved by the Region and that all costs involved in re- arrangement shall be at the owner's and/or Condominiums Authority's expense. 4. The Owner shall satisfy all requirements, financial and 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 such matters as follows: compliance with the Municipality's approved site plan in terms of refuse collection, snow storage and driveway entrance maintenance. 5. That prior to anyon-site grading or construction or final approval of the plan, the Owner shall submit to and obtain approval from the Central Lake Ontario Conservation Authority for reports describing the following: a) The intended means of conveying stormwater flow from the site, including use of stormwater techniques, which are appropriate and in accordance with provincial guidelines. The stormwater management faciiities must be designed and implemented in accordance with the recommendations of the West Side Creek Master Drainage Plan, G,M. Sernas, 1992, as amended, b) The anticipated impact of the development on water quality, as it relates to fish and wildlife habitat, once adequate protective measures have been undertaken; and, 638 c) The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site, or other related works, to comply with the Canada Fisheries Act. 6. The Owner shall agree within the executed subdivision agreement to carry out the recommendation and requirements of the reports and plans identified in Condition 5. 7. 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 Region Planning Department, how Conditions 1-3 were satisfied; b) Central Lake Ontario Conservation, how Conditions 5 & 6 was satisfied 639 "- 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. He 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. 640