HomeMy WebLinkAboutPSD-119-04
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, October 4, 2004
Report #: PSD-119-04 File #: C-C-2004-001
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By-law #:
Subject:
DRAFT PLAN OF CONDOMINIUM APPLICATION
APPLICANT: 426719 ONTARIO INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-119-04 be received;
2. THAT the draft plan of condominium application, submitted by 426719 Ontario Inc. be
APPROVED and that the Director of Planning Services be authorized to issue Draft
Approval, subject to the conditions as contained in Attachment 2;
3. THAT a copy of Report PSD-119-04 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:
D vi rome, MCIP, R.P.P.
Director of Planning Services
Reviewed by:
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Franklin Wu,
Chief Administrative Officer
SA*CP*DJC*lw
September 28, 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
614
,
REPORT NO.: PSD.119-G4
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: 426719 Ontario Inc.
1.2 Draft Plan of Condominium Application: To permit condominium tenure for an existing
thirteen (13) unit industrial building.
1.3 Site Area: .506 hectares
2.0 LOCATION
2.1 The subject lands are located at 380 Lake Road in Bowmanville (Attachment 1). The
property is contained within Part Lot 8, Broken Front Concession, in the former Town of
Bowmanville.
3.0 BACKGROUND
3.1 On June 7, 2004, the Owner submitted an application for condominium approval to the
Municipality of Clarington to permit condominium tenure for an existing industrial
building containing thirteen (13) units. A site plan agreement has been entered into
between the Owner and the Municipality of Clarington and construction has been
completed on the exterior of the building.
3.2 A Public Meeting was held September 7th, 2004, and there have been no objections to
this application.
4.0 OFFICIAL PLAN POLICIES
4.1 The lands are designated "Employment Area" within the Durham Region Official Plan.
The goal of the Employment Area designation is to provide lands for industrial use
including manufacturing, assembly and processing of goods, service industries,
research and development facilities and warehousing.
4.2 Within the Clarington Official Plan, the subject lands are designated "Light Industria/".
The Light Industrial designation permits a variety of uses, including manufacturing,
assembling, processing, fabricating, repairing, research and development and
warehousing. The application, for industrial condominium units, conforms to the
policies.
5.0 ZONING BY-LAW CONFORMITY
5.1 The subject lands are currently within the "Light Industrial (M1) Zone". The M1 zone
permits an extensive variety of industrial and some commercial uses. The owner has
entered into a site plan agreement with the Municipality for a thirteen (13) unit industrial
building that has been constructed. This application would conform to the zoning
provisions.
615
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REPORT NO.: PSD-119-G4
PAGe 3
5.2 As the owner chose to maximize the building footprint on the subject property, the site
plan agreement restricts the uses on the subject property to those that are not parking
space intensive.
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 to the application but included in their comments conditions to be included in
the Condominium Conditions of Draft Approval.
6.3 Bell Canada had initially provided a condition of approval for the condominium plan, but
as of September 28, 2004, has withdrawn this condition.
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 received from the Owner for these performance guarantees. The
property is also within a registered plan of subdivision and the appropriate parkland
dedication was made through the plan of subdivision.
7.2 Construction of the industrial building is complete, and individual tenants are now
finishing the interiors of the units for their purposes.
7.3 The Owner has reviewed the conditions of draft approval contained in Attachment 2 and
has agreed to the conditions. Furthermore, the Owner is aware that the Municipality
requires 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 2.
Attachments:
Attachment #1 - Key Plan
.Attachment #2 - Condominium Plan
Attachment #3 - Conditions of Draft Approval
616
REPORT NO.: PSD-119-04
PAGE 4
List of interested parties to be advised of Council's decision:
426719 Ontario Inc.
(Marg & Gordon Weir)
19 Grist Mill Court
Bowmanville, ON l1 C 5C5
617
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ATTACHMENT 3
CONDITIONS OF DRAFT APPROVAL
DRAFT PLAN OF CONDOMINIUM C-C-2004-001
1. The Owner shall have the final plan prepared on the basis of approved draft plan of
condominium C-C-2004-001 prepared by Ivan B. Wallace, identified as job number 5-
5769, which illustrates 13 units in one building, parking facilities, loading spaces and
garbage areas.
2. The Owner shall agree to amend the existing site plan agreement with the Municipality
of Clarington to address all matters, financial and otherwise, and that all works on site
are completed to the satisfaction of the Municipality of Clarington.
3. That prior to final registration the owner shall pay CLOC the outstanding $600 for the
application procession fee for the Plan of Condominium.
4. Prior to final approval of this plan of condominium for registration, the Director of
Planning Services for the Municipality of Clarington shall be advised in writing by:
a) Durham Region Planning Department, how Condition 1 was satisfied;
b) Central Lake Ontario Conservation, how Condition 3 was satisfied
ti21
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 (3) 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.
022