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Report To: Planning and Development Committee
Date of Meeting: February 21, 2017
Report Number: PSD -014-17 Resolution Number: 3 '
File Number: C -C-2016-0001 By-law Number:
Report Subject: An Application by Prestonvale Heights Limited to Create a Common
Elements Plan of Condominium, 25 Meadowglade Road, Courtice
Recommendations:
1. That Report PSD -014-17 be received;
2. That the request to deem the subject application exempt from the public notice provisions
of Section 51 of the Planning Act be considered appropriate in the circumstances as
authorized by Section 9(7) of the Condominium Act;
3. That the Durham Region Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD -014-17
and Council's decision; and
4. That all interested parties listed in Report PSD -014-17 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD -014-17
Report Overview
Page 2
Staff is seeking Council's concurrence in exempting a proposed plan of condominium from the
public process provisions and support a proposal by Prestonvale Heights Limited to create a
common elements plan of condominium.
1. Application Details
1.1. Owner: Prestonvale Heights Limited
1.2. Agent:
GHD
1.3. Proposal: Draft Plan of Condominium —Common Elements Application to
permit for the 66 townhouse unit development, common
element condominium tenure for —a private street; entrance,
parkette and two amenity areas; 20 visitor parking spaces;
water meter room; sidewalk; and landscaped areas.
1.4. Area: 1.03 hectares for the total area of the 66 Parcels of Tied Land
(P.o.T.L.$) containing the townhouse dwellings, and 0.46
hectares for the area all the common elements.
1.5. Location: 25 Meadowglade Road, Courtice at the northeast corner of
Bloor Street and Meadowglade Road.
1.6. Roll Number: 18-17-010-060-19679
1.7. Within Built Boundary: No
2. Background
2.1. On December 1, 2016, Prestonvale Heights Limited submitted an application for a
common elements Draft Plan of Condominium. The subject land is Block 91 of
Registered Plan of Subdivision 40M-2513 (see Figure 1). The physical design of the 66
townhouse units and the space around them was approved through Site Plan SPA2009-
0014.
Municipality of Clarington
Report PSD -014-17
Page 3
Figure 1: Context of Subject Site
2.2 Approval of the Plan of Condominium is delegated to the Director of Planning Services.
Approval of the proposed Plan of Condominium only deals with tenure of the
development. An Application for Removal of Part Lot Control was submitted concurrently
and has been approved.
Municipality of Clarington
Report PSD -014-17 Page 4
2.3 A common elements draft plan of condominium was submitted as was a draft reference
plan showing the boundaries of the Parcels of Tied Land or P.o.T.L.s and areas of
common elements (see Figure 2).
Figure 2: Draft Plan of Condominium
3. Land Characteristics and Surrounding Uses
3.1 The subject area is under construction with the approved three storey townhouse blocks
(see Figure 3).
Municipality of Clarington
Report PSD -014-17 Page 5
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Figure 3: Site in mid-January 2017
3.2 The surrounding uses (see Figure 1) are as follows:
North - Single detached houses fronting on Cale Avenue
South - Bloor Street and beyond, the Neighbourhood Commercial Centre
East - Single detached houses fronting on west portion of McRoberts Crescent
West - Meadowglade Road and beyond, residential dwellings fronting on Beckett
Crescent
4. Provincial Policy
Block 91 of Plan 40M-2513 was reviewed for conformity to both the Provincial Policy
Statement and Provincial Growth Plan during the review of Draft Plan of Subdivision S -C-
2007-007. The application is consistent with both policy documents.
Municipality of Clarington
Report PSD -014-17
5. Official Plans
5.1 Durham Regional Official Plan
Page 6
The Durham Regional Official Plan designates the subject lands as "Living Areas" and
Regional Corridor. The subject lands conform to the Durham Regional Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands Urban Residential with an
indication of Medium Density. The subject lands conform to the Clarington Official Plan.
5.3 Clarington Official Plan as amended by Amendment 107
The Clarington Official Plan as amended by Amendment 107 designates the subject
lands as "Regional Corridor" and "Urban Residential". The subject lands conform to the
Clarington Official Plan.
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands "Urban Residential Exception (R3-33)".
The R3-33 zone allows the townhouse units. The subject lands conform to Zoning By-
law 84-63.
7. Agency Comments
Regional Municipality of Durham
The Durham Region Planning and Works Departments notes that the previous related
subdivision approval process confirmed the subject development conformed to provincial
and regional policies. Delegated Provincial Plan Review Responsibilities were addressed
through the previous related subdivision approval process except regarding noise
impacting the development. A noise impact study must be completed to the Region's and
Clarington's satisfaction. The study's recommendations must be implemented through
the development agreement for this common elements plan of condominium. The
provision of Regional Municipality of Durham services has been dealt with through the
Regional Subdivision Agreement and relevant Regional by-laws. The Region has two
conditions of draft approval, found in Attachment 1.
8. Departmental Comments
Engineering Services
The Engineering Services Department has no objection.
Municipality of Clarington
Report PSD -014-17 Page 7
9. Discussion
9.1 The proposed Draft Plan of Condominium will establish a common elements
condominium for the private street (named Ferris Square); parkette and two amenity
areas; 20 visitor parking spaces; water meter room; sidewalk; and landscaped areas
(Figure 2). Each townhouse unit and surrounding parcel of tied land (P.o.T.L.) will
eventually be freehold, meaning each townhouse unit can be bought and sold
individually, while having a shared common interest in the above-mentioned common
elements.
9.2 The subject lands and surrounding lands were previously considered under planning
applications with public meetings. The townhouse development was also subject to site
plan approval, including the taking of appropriate securities through the registered site
plan development agreement. The conditions of draft approval requested by Durham
Region are included in Conditions of Draft Approval for the Plan of condominium
contained in Attachment 1.
9.3 The principle of the development has been established through previous development
approval processes, including an Official Plan Amendment, a Zoning By-law Amendment,
a Plan of Subdivision and a Site Plan Approval Application. All of these applications were
submitted, reviewed and approved in accordance with Planning Act requirements
including applicable statutory public meetings.
9.4 Section 9(7) if the Condominium Act provides the Municipality the authority to grant an
exemption of the condominium application from the public notice provisions of Section 51
of the Planning Act. In essence, the requirement to hold a public meeting, can be waived.
In consideration of the previous public consultation process and approvals following the
requirements of the Planning Act, it is recommended that the Municipality exercise its
option to exempt the proposed draft plan of condominium from the public meeting
provisions of Section 51 of the Planning Act.
10. Concurrence
Not Applicable
11. Conclusion
It is respectfully recommended that the application for a proposed Draft Plan of
Condominium be exempt from the public meeting provisions of Section 51 of the Planning
Act and that the application be supported. The Director of Planning Services will
subsequently issue Draft Approval for the Plan of Condominium subject to the Conditions
of Draft Approval, substantially in the form of those outlined in Attachment No. 1. An
amendment to the Site Plan Development Agreement will be prepared if any of the Draft
Approval Conditions requires inclusion in a registered legal agreement.
Municipality of Clarington
Report PSD -014-17
12. Strategic Plan Application
Not applicable.
Submitted by:
David J. Crome, MCIP, RPP
Director of Planning Services
Page 8
Reviewed by:
(for) Curry Clifford, MPA, CMO
Interim CAO
Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421, or brussell(o)-clarington.net
Attachments:
Attachment 1 — Proposed Conditions of Draft Approval
The following is a list of the interested parties to be notified of Council's decision:
Cyrus Yan, Planner, GHD
BR/CP/ah/df
I:\^Department\LDO NEW FILING SYSTEMWpplication Has= Condominium\2016\C-C-2016-0001\Staff Report\PSD-014-17_.docx
Attachment 1 to
Municipality of Clarington Report PSD -014-17
Conditions of Draft Approval
File Number: C -C-2016-0001
Date: February , 2017
The Owner shall have the final plan prepared on the basis of approved draft plan
of condominium C -C-2016-0001 prepared by J.D. Barnes Limited, dated July 28,
2016, identified as reference number 15-25-098-00, which illustrates a common
element condominium for common facilities and services including private street
and private sidewalks and curbs, street lights, water supply, sanitary and storm
sewers, entrance, central, and basketball amenity areas, 20 visitor parking
spaces, water meter room, utilities, community mailboxes and landscaped areas,
to accommodate 66 townhouse units.
2. The Owner shall satisfy all requirements, financial and otherwise, of the
Municipality of Clarington. This shall include, among other matters, the execution
of a site plan amending 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
private street entrance maintenance.
3. The Owner shall submit to the Region of Durham, for review and approval, a
noise impact study prepared by an acoustic engineer based on projected traffic
volumes provided by the Region of Durham Planning and Economic
Development Department, and recommending noise attenuation measures for
the draft plan in accordance with the Ministry of the Environment and Climate
Change guidelines. The Owner shall agree in the Condominium Agreement to
implement the recommended noise control measures. The Agreement shall
contain a full and complete reference to the noise report (ie. Author, title, date
and any revisions/addenda thereto) and shall include any required warning
clauses identified in the acoustic report. The Owner shall provide the Region
with a copy of the Condominium Agreement containing such provisions prior to
final approval of the plan.
4. The private street in the common elements is to be named and consequently
signed in a manner satisfactory to the Municipality of Clarington.
5. 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 and Economic Development Department, how
Conditions 1 and 3 have been satisfied.
Attachment 1 to
Municipality of Clarington Report PSD -014-17
NOTES TO DRAFT APPROVAL
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 of 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 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.
4. At such time as the draft approval is in effect, the Owner is required to provide
digital copies of the draft approved plan and Conditions of Draft Approval to the
Region of Durham Planning and Economic Development Department and the
Municipality of Clarington Planning Services Department.
I:\^Department\LDO NEW FILING SYSTEM\Application Files\CC Condom inium\2016\C-C-2016-0001\Staff Report\PSD-014-17
Attachment 1.docx