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HomeMy WebLinkAboutPSD-044-18Clar;wgton PI nnin Services Planning Se ces Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Report To: Planning and Development Committee Date of Meeting: June 4, 2018 Report Number: PSD -044-18 Resolution Number: PD -113-18 File Number: C -C-2018-0003 By-law Number: Report Subject: An Application by Holland Homes Inc. to Create a Common Elements Plan of Condominium at 35 Hanning Court, Bowmanville Recommendations: 1. That Report PSD -044-18 be received; 2. That provided there are no significant objections to the application during the public meeting that the Draft Plan of Condominium application submitted by Holland Homes Inc. be supported, subject to the conditions substantially as contained in Attachment 1; 3. That the Durham Region Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -044-18 and Council's decision; and 4. That all interested parties listed in Report PSD -044-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -044-18 Report Overview Page 2 Holland Homes Inc. has submitted a Proposed Plan of Condominium application to create a common elements plan of condominium at the southeast corner of Liberty Street North and Concession Road 3 in Bowmanville. The physical design of the 8 townhouse units and the space around them was approved through Site Plan SPA2016-0008. Provided there are no significant objections to the application during the public meeting, Staff recommend that the Draft Plan of Condominium application submitted by Holland Homes Inc. be supported, and that the Director of Planning Services issue Draft Approval, subject to the conditions substantially as contained in Attachment 1 of this report. 1. Application Details 1.1. Owner/Applicant 1.2. Agent: Holland Homes Inc. Katrina Metzner 1.3. Proposal: Application for Draft Plan of Condominium — Common Elements to permit a private street, 4 visitor parking spaces, water meter room, sidewalk, and landscaped areas, allowing for the development of eight townhouse units. 1.4. Area: 0.28 hectares. 1.5. Location: 35 Hanning Court, Bowmanville at the southeast corner of Concession Road 3 and Liberty Street North. 1.6. Roll Number: 18-17-020-060-08775 1.7. Within Built Boundary: Yes Municipality of Clarington Report PSD -044-18 Page 3 r - i Subject Sit . 7T COI CES V RDy + ZIA ID 1i6:LZJ } W F Zi27-Q* W � ��Lt old: ..� UJ- Rte � �IP6� ��." � �� Figure 1: Context of Subject Site 2. Background 2.1. The subject land is Block 134 of Registered Plan of Subdivision 10M-840 in the Fenwick Planning Neighbourhood of Bowmanville. Since the time of the registration and building out of the North-East Bowmanville subdivision starting in 1991, Block 134 remained undeveloped. The surrounding residential subdivision consists of both townhouse and link dwellings. The subject property was zoned "Urban Residential Type Three (R3)" which allows townhouse units at the time of draft approval. 2.2. On May 2, 2016, the Planning Services Department received an application for Site Plan Approval to permit the development of 8 townhouse units. Through the site plan review process, two zoning deficiencies were identified. In March of 2017, the Committee of Adjustment approved an application to reduce the minimum required interior side yard setback from 4.5 metres to 3 metres and reduce the minimum required exterior side yard setback from 6 metres to 2.58 metres. No appeals were received. After the review of four full Site Plan submissions, the Site Plan was approved on September 18, 2017 (See Figure 2). 2.3. On March 29, 2018, Holland Homes Inc submitted an application for a common elements Draft Plan of Condominium. The physical design of the 8 townhouse units and the space around them was approved through Site Plan SPA2016-0008. Municipality of Clarington Report PSD -044-18 Page 4 N W •' s Concession Rd 3 rr '•�. � 1r" rrr rr +,• •r rr 76 rr •rr ;r rJr UNITS r 74 •r� _ ro UNIT 7 F� ~ z 72 UNIT6 70 1• q UNIT 5 6 UNIT 4 66 L 33 J 110 * ., ,, 64 r,. 31 62 ( 60 ` 29 27 ED Subject Site CiO — Future Town Homes 25 _ Future Laneway 23 Parking Areas �C Z 21 Future Sidewalk C -C-2018=0003 r r � Figure 2: Site Plan 2.4 Approval of the Plan of Condominium is delegated to the Director of Planning Services. Approval of the proposed Common Elements Plan of Condominium will create all the shared or comment aspects of the condominium. Separate applications will be required in the future for the removal of Part Lot Control to create the Parcels of Tied Lands (P.o.T.Ls) for each of the eight townhouse lots. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is currently a vacant lot at the south-east corner of Liberty Street North and Concession Road 3 in Bowmanville. The lot is identified as Block 134 within a previously registered plan of subdivision (10M-840) in the Fenwick Planning Neighbourhood in Bowmanville. A site servicing permit has been issued and building permits for the 8 townhouse units are currently under review by the Planning Services Department. Municipality of Clarington Report PSD -044-18 3.2 The surrounding uses are as follows: North - Trees and Agricultural Field South - Existing Residential Townhouse Development East - Existing Residential Townhouse Development West - Existing Residential and Commercial Development 4. Provincial Policy Provincial Policy Statement Page 5 4.1 The subject lands are within the Bowmanville "Settlement Area". Settlement Areas shall encourage opportunities for intensification and redevelopment where this can be accommodated taking into consideration the existing character of the neighbourhood and existing infrastructure and public service facilities. The application is consistent with the Provincial Policy Statement. Growth Plan 4.2 The subject lands are located within the built-up area of Bowmanville. A significant portion of new growth is to be directed to the built-up areas through intensification where existing municipal water and wastewater services are or will be available. The application is consistent with the Growth Plan. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Regional Official Plan designates the subject lands as "Living Areas". The proposal conforms to the Durham Regional Official Plan. Clarington Official Plan 5.2 The subject property is designated "Urban Residential" within the Clarington Official Plan. The townhouse use conforms with the intent of the Clarington Official Plan. Both Liberty Street and Concession Road 3 are designated Type B Arterials and are both Local Corridors. Local Corridors require a minimum density of 40 units per hectare, dwelling unit heights between 2 and 6 storeys, and predominant housing form to be mixed-use buildings, apartments and/or townhouses. 5.3 The townhouse development was 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. Municipality of Clarington Report PSD -044-18 Page 6 6. Zoning By-law Zoning By-law 84-63 zones the subject lands "Urban Residential Type Three (R3)". The "R3" zone allows the townhouse units. Further, through the site plan review process, two zoning deficiencies were identified. In March of 2017, the Owners received approval, with no appeals from the Committee of Adjustment to reduce the minimum required interior side yard setback and reduce the minimum required exterior side yard setback. The use and siting of the proposed townhouse dwelling units conform to Zoning By-law 84-63. 7. Public Notice and Submissions 7.1 Public notice was given by mail to each landowner within 120 metres of the subject lands on May 15, 2018. Public meeting signs were installed on the property, fronting onto Concession Road 3, Hanning Court and Liberty Street North, on May 17, 2018. Figure 3: Public Notice Sign 7.2 At the time of finalizing this report staff had been contacted by one neighbouring resident. The neighbour expressed concerns over fencing running along the easterly boundary of the subject site being impacted by recent construction. Although grading on site appears well set back from the property line, the Owner is working directly with the affected neighbour to come to a reasonable and agreeable solution to the concern. Municipality of Clarington Report PSD -044-18 8. Agency Comments Regional Municipality of Durham Page 7 8.1 On May 22, 2018 Staff received comments from the Regional Municipality of Durham indicating that the application for Draft Plan of Common Elements Condominium conforms to the policies of the Regional Official Plan and Provincial Policy. The Region has no objections to the approval of this application, subject to a number of conditions of Draft Approval (see Attachment 1). 9. Departmental Comments Clarington Engineering Services Department 9.1 The Clarington Engineering Services Department has no objections to the approval of this application. Clarington Building Division 9.2 The Clarington Building Division has no concerns with this application. A building permit is required. For information regarding the building permit requirements, the applicant must contact the Building Division. Clarington Emergency and Fire Services Department 9.3 Clarington Emergency Services has no fire safety concerns with this application. 10. Discussion 10.1 The proposed Draft Plan of Condominium will establish a common elements condominium for the private street; 8 visitor parking spaces; a water meter room; sidewalk; and landscaped area. 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, through the condominium. 10.2 This townhouse project is only approximately 70% of the density required for Local Corridors. As a small remnant parcel on a cul-de-sac, it is difficult to achieve 40 units per hectare. The built form is consistent with the Local Corridor designation. The application conforms to the intent of the Official Plan. Municipality of Clarington Report PSD -044-18 11. Conclusion Page 8 Based on the comments contained in this report, it is respectfully recommended that the Director of Planning Services be authorized to issue draft approval for the proposed plan of condominium, subject to the conditions of draft approval contained in Attachment 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. 12. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. The proposal supports a variety of affordable mixed housing types and community design attributes that support our residents at every stage of life and across all abilities. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Andrew C. Allison, B. Comm, LL.B Chief Administrative Officer Staff Contact: Amanda Tapp, Planner II, 905-623-3379 ext. 2420, or atapp clarington.net The following is a list of the interested parties to be notified of Council's decision: Katrina Metzner, Holland Home Inc. AT/CP/n1 hIDepartment\LDO NEW FILING SYSTEM\Application Files\CC-Condominium\2018\C-C-2018-0003 Hanning Ct\Staff Report\PSD-044-18.Docx Attachment 1 to Report PSD -044-18 CONDITIONS OF DRAFT APPROVAL File Number: C -C 2018-0003 Holland Homes Inc. Issued for Review: May 22, 2018 Notice of Decision: Draft Approved: _ David J. Crome, MCIP, RPP Director of Plannina Services Conditions of Draft Approval The Owner shall have the final plan on the basis of approved draft plan of condominium, prepared by J.D. Barned Ltd., identified as Reference No. 15-25- 128-01, dated April 11, 2017, which illustrates common facilities and services including access lanes and parking, asphalt laneway, curbs/sidewalks, street lights, sanitary/storm sewers, water main and facilities, landscaping, decorative fencing, a water metre room, utilities, mailboxes and waste collection, to accommodate 8 townhouse dwelling units. 2. Prior to final approval, the proponent shall ensure that a Stage 1 Archaeological Assessment is completed by a licensed Ontario archaeologist. The proponent must ensure that all required studies by the archaeologist are completed, and a clearance letter is obtained by the Ministry of Tourism, Culture and Sport. No Demolition, grading, or other soil disturbance shall take place on the subject property prior to a letter of clearance being received by the Regional Municipality of Durham. 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 measured for the draft plan in accordance with the Ministry of the Environmental and Climte 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 (i.e. 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. Regional Development Charge Levies shall be applied in accordance with the Region's Development Charges By-law and are to be paid upon issuance of a building permit. 5. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a condominium 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, maintenance of the stormwater management pond and appurtenances, and driveway entrance maintenance 6. The private street in the common elements is to be named and consequently signed in a manner satisfactory to the Municipality of Clarington. 7. The Owner agrees to include in the Declaration of Condominium the following: The prohibition for any short-term, less than 30 days rental or lease of any dwelling unit(s) that is/are reliant on and benefit from the common elements condominium. The condominium is responsible for annual maintenance of the private stormwater management measures including (if applicable) the oil/grit separator and landscaping and for providing the Director of Engineering Services an annual report of such maintenance being completed. 8. The Owner agrees to address the properties from the private lane frontages to the satisfaction of the Municipality of Clarington. 9. Prior to the finalization of this plan of condominium, the Owner must provide satisfactory evidence to the Regional Municipality of Durham in accordance with the Region's Site Contamination Protocol to address site contamination matters. Such evidence may include the completion of a Regional Reliance Letter and Certificate of Insurance. Depending on the nature of the proposal or the finding of any Record of Site Condition (RSC) Compliance Phase One Environmental Site Assessment, an RSC Compliant Phase Two ESA may also be required. The findings of the Phase Two ESA could also necessitate the requirement for an RSC through the Ministry of the Environment and Climate Change, accompanied by any additional supporting information. 10. The Owner shall satisfy all requirements, financial and otherwise, with respect to the provision of Regional Services to the subject lands will be addressed through the site servicing plan approval process. 11. All other works Department requirements such as access to water metres and any future changes thereto are covered by the appropriate clauses in the Region's Sewer Use By-law and Water Use By-law. 12. The Owner must provide a lands use table prepared by an Ontario Land Surveyor to the satisfaction of the Region of Durham. The land use table should provide lot area calculations for the proposed land use(s) allocated within the draft plan of condominium. FA 13. 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, how Conditions 1, 2, 3, 10. 11, 12 and 13 have been satisfied. 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. 3