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Home My WebLink AboutPSD-093-05 Cl~mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 20, 2005 Report #: PSD-093-05 File #: C-C 2003-002 P-et5P: 4flJ!-;2Ff-o$" By-law #: Subject: DRAFT PLAN OF CONDOMINIUM APPLICATION APPLICANT: PORT OF NEWCASTLE EAST LANDS L TO. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PS D-093-05 be received; 2. THAT the Draft Plan of Condominium application, submitted by Port of Newcastle East Lands 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-093-05 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: avi . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed b(~~~~- Franklin Wu, Chief Administrative Officer CS/CP/DJC/df 15 June 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-093-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Port of Newcastle East Lands Limited 1.2 Draft Plan of Condominium Application: To permit condominium tenure of one low-rise building containing 18 residential units. 1.3 Site Area: 0.37 hectares 2.0 LOCATION 2.1 The subject lands are located at 350 Lakebreeze Drive in Newcastle Village (Attachment 1). The property is contained within Part Lot 29, Broken Front Concession in the former Township of Clarke. 3.0 BACKGROUND 3.1 In November 2004, the applicant received site plan approval for three low-rise residential buildings, each containing 18 units for a total of 54 units. The owner submitted an application for condominium approval to the Municipality of Clarington to permit condominium tenure of one residential building. Construction of the one building commenced in November, 2004. 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 Urban Residential with a Medium Density Symbol. Medium Density development shall proceed at 31-60 units per net hectare. The application for condominium is for only one of three buildings and conforms to the policies. 5. ZONING BY-LAW CONFORMITY 5.1 The subject lands are currently within the "Urban Residential Exception (R4-15) Zone" The R4-15 zone penmits the proposed development and conforms to the zoning provisions. 6.0 AGENCY COMMENTS 6.1 There were no objections from the circulation of this application. REPORT NO.: PSD-093-05 PAGE 3 6.2 The 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 one of three buildings, representing 54 units, and construction has begun. Staff is not aware of when the other two buildings will be built. 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 2. Attachment 1 - Condominium Plan Attachment 2 - Conditions of Draft Approval Interested parties to be notified of Council and Committee's decision: Port of Newcastle East Lands Limited / ~ ~ ~ / I ~ I I v , 2 I I I ~ w ~ ~ !? Q BlOC,(100 ,~- J ~ ~ ~ Newcastle Key Map ATTACHMENT 1 to Report PSn-093-oS LAKEBREEZE DRIVE :1 3l m- Jl.", \ ~....'".. -- 2 6- ..." 20 '" .,,,, is ..... '" ~ II! is --'- """ ~ .- ~ w ~ """ " ..." """ J """ """ """ ..." a TEMPORARY ACCESS ROAD TO t.lARINA C-C-2003-002 Clarington Condominium Plan Owner: Port of Newcastle East Developments Inc. ATTACHMENT 2 to Report PSn-093-oS CONDITIONS OF DRAFT APPROVAL Part Lot 29, Broken Front Concession Former Township of Clarke File No. C-C-2003-002 1. The Owner shall have the final plan prepared on the basis of approved draft plan of condominium C-C-2003-002 prepared by J.D. Barnes Limited identified as job number 02-25-260-00, dated September 14, 2002, which illustrates 18 units in one (1) low-rise buildings, parking facilities, open space and indoor amenity area. 2. Prior to final approvai, 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. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of an Site Plan 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. 4. 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 1-2 were 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.