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Report To: Planning and Development Committee
Date of Meeting: May 13, 2019
Report Number: PSD -026-19 Resolution Number: PD -073-19
File Number: C -C-2018-0009 By-law Number:
Cross Ref: 18T-89059, SPA2016-0017
Report Subject: An Application by Lindvest properties (Clarington) Ltd. to Create a
Common Elements Plan of Condominium at Aldridge Lane,
Newcastle
Recommendations:
1. That Report PSD -026-19 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 Lindvest Properties
(Clarington) Ltd. be supported, subject to the conditions substantially as contained in
Attachment 1 to Report PSD -026-19;
3. That the Durham Region Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD -026-19
and Council's decision; and
4. That all interested parties listed in Report PSD -026-19 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD -026-19
Report Overview
Page 2
Lindvest Properties Ltd. has submitted a Proposed Plan of Condominium to create a common
elements condominium off of Donald Powell Crescent in Newcastle. The physical design of the
37 townhouse units and the space around them was approved through Site Plan SPA2016-
0017. Provided there are no significant objections to the application during the public meeting,
Staff recommend that the Draft Plan of Condominium application submitted by Lindvest
Properties Ltd. 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: Lindvest Properties (Clarington) Ltd.
1.2. Proposal: Application for Draft Plan of Condominium to create a common
elements condominium inclusive of a private street, sidewalks,
10 visitor parking spaces, a water meter room, and
landscaping.
1.3. Area:
1.4. Location:
1.5. Roll Number:
1.17 hectares
Aldridge Lane, Newcastle
iE:�rQ1IGilalKilalE:�L'r1
1.6. Within Built Boundary: No
Municipality of Clarington
Report PSD -026-19
c
i -
Subject Property
-New Walkways li
Existing Walkways
Buildings
Water Meter Room
Municipal Property
Condo Common Area
Mailbox
ling Avenue
Figure 1: Site Plan
2. Background
Page 3
2.1. The proposed townhouse development, Towns of Gracefields is a medium density block
in Registered Plan of Subdivision 40M-2540. It is located in what is known as the Foster
Planning Neighbourhood of Newcastle. The subject lands were part of the application
and public consultation throughout the subdivision approval (file number 18T-89059).
When the subdivision application was being considered, a condominium tenure was not
contemplated. A Public Meeting is required to obtain public input and comment on the
common elements condominium.
Municipality of Clarington
Report PSD -026-19
Page 4
2.2. Final site plan approval (SPA 2016-0017) was granted for the 37 townhouse units on
May 29, 2018. The physical design of the site was approved through the site plan
process and the following matters were addressed:
x Built form and site layout
x Pedestrian connections
x Landscaping and amenity areas
x Site servicing, grading and stormwater management
x Conformity with the Clarington Official Plan and Zoning By-law
2.3. The site is currently under construction. A minor variance application (A2018-0030) was
also submitted and approved to reduce the interior side yard and rear yard setbacks as
well as to increase the maximum building height. No appeals were received.
2.4. On December 3, 2018, Lindvest Properties (Clarington) Ltd. submitted an application for
a common elements Draft Plan of Condominium. The application for the condominium
deals with the tenure over the common elements portion of the site. The purpose of the
report is to provide a review of the application and a recommendation on the proposed
Draft Plan of Condominium. A full circulation has been undertaken, and agency
conditions of approval are contained in Attachment 1. There are no outstanding
planning issues to be resolved.
2.5. 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 aspects of the condominium. A separate application for Removal of Part Lot
Control has been submitted to create the Parcels of Tied Lands (P.o.T.Ls) for each of
the 37 townhouse lots.
3. Land Characteristics and Surrounding Uses
3.1 The Towns of Gracefields are currently under construction and close to completion. The
lot is identified as Block 174 within a previously registered plan of subdivision (40M-
2540). The surrounding residential subdivision consists of single detached dwellings.
3.2 The subject property is zoned "Urban Residential Type Three (R3)" which allows
townhouse units. The townhouse units have vehicle access by a private lane called
Aldridge Lane.
3.2 The surrounding uses are as follows:
North - Single detached dwellings
South - King Avenue West
East - Single detached dwellings and the Foster Creek valley lands
West - Single detached dwellings
Municipality of Clarington
Report PSD -026-19
4. Provincial Policy
Page 5
4.1 The Provincial Policy Statement and the Growth Plan are both Provincial policy
documents that would apply to these lands. These documents do not specifically deal
with tenure and are therefore inapplicable to this development application.
5. Official Plans and Zoning By-law
5.1 The Durham Regional Official Plan policies and the Clarington Official Plan policies
allow for residential uses on the subject lands, however the policies do not specifically
deal with common elements condominium. The subject property is zoned "Urban
Residential Type Three (R3)" which allows townhouse units. All land use planning
analysis has previously been provided through the Subdivision Report PD -78-00 and
Minor Variance Report A2018-0030.
6. Public Notice and Submissions
Figure 2: Public Notice Sign
6.1 Public notice was given by mail to each landowner within 120 metres of the subject
lands on April 18, 2019. Public meeting signs were installed on the property, fronting
onto Donald Powell Crescent and King Avenue, on April 23, 2019.
6.2 At the time of writing this report staff have received no inquiries regarding this
application.
Municipality of Clarington
Report PSD -026-19
7. Agency Comments
Regional Municipality of Durham
Page 6
7.1 On March 20, 2019 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).
8. Departmental Comments
Clarington Engineering Services Department
8.1 The Clarington Engineering Services Department has no objections to the approval of
this application.
Clarington Building Division
8.2 The Clarington Building Division has no concerns with this application.
Clarington Emergency and Fire Services Department
8.3 Clarington Emergency Services has no fire safety concerns with this application.
9. Discussion
9.1 The townhouse development for which the common element condominium would
service, consists of a total of seven townhouse blocks with 37 units. The proposed
private laneway (Aldridge Lane) would provide vehicle access to each unit. Ten surface
parking spaces are provided for visitor parking in addition to other common elements
such as landscaping, a community mail box and a metre room.
9.2 To provide a continuous path of travel for residents in the overall subdivision, a walkway
will be part of the common elements condominium which connects from Donald Powell
Crescent to King Avenue. As a condition of approval, an easement will be required (in
favour of the Municipality) over the pedestrian connection from the south access of
Aldridge Lane off of Donald Powell Crescent to King Avenue. This will allow the public
to use the pedestrian connection linking the broader subdivision to King Avenue,
including the public transit stop along King Avenue.
Municipality of Clarington
Report PSD -026-19 Page 7
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Figure 3: Pedestrian Connection
9.3 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. Furthermore, all required services are appropriately accommodated
as part of the private road design.
Municipality of Clarington
Report PSD -026-19
10. Conclusion
Page 8
The application for a common elements condominium is necessary for providing shared
ownership and maintenance of the internal site services and amenity areas, and is
appropriate for the orderly development of the lands. 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 in order to register the condominium in a
registered legal agreement.
Submitted by.9P 9M"� Reviewed by:
Michael Seaman, MCIP, RPP Andrew C. Allison, B. Comm, LL.B
Director of Planning Services Chief Administrative Officer
Staff Contact: Nicole Zambri, Planner II, 905-623-3379 ext. 2422, or nzambri clarington.net
Attachment 1 — Conditions of Approval
The following is a list of the interested parties to be notified of Council's decision:
Donna Bravo, Lindvest Properties (Clarington) Ltd.
MS/CP/NZ/nl
Attachment 1 to
Report PSD -026-19
CONDITIONS OF DRAFT APPROVAL
File Number: C -C 2018-0009
Lindvest Properties (Clarington) Ltd.
Issued for Review: XXX, 2019
Notice of Decision:
Draft Approved: _
Michael Seaman, MCIP, RPP
Director of Plannina Services
Conditions of Draft Approval
The Owner shall prepare the final plan on the basis of the approved draft plan of
condominium, prepared by Rady-Pentek & Edward Surveying Ltd., identified as
Job Number 17-190, dated November 13, 2018, which illustrates common
facilities, including a private roadway, visitor parking and an amenity area.
2. The Owner shall name road allowances included in this draft plan to the
satisfaction of the Region of Durham and the Municipality of Clarington.
3. The Owner agrees to create civic addresses for the properties to the satisfaction
of the Municipality of Clarington.
4. Prior to final approval of the plan of condominium, the Owner must provide
satisfactory evidence to the Region 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.
5. The Owner shall prepare an R -Plan showing the easement (in favour of the
Municipality of Clarington) over the pedestrian connection from the south access
of Aldridge Lane off of Donald Powell Crescent to King Avenue. This will allow
the public to use the pedestrian connection linking the broader subdivision to
King Avenue, including the public transit stop along King Avenue. The Owner will
be responsible for all costs associated with drafting and registering the
easement.
6. 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. An amendment to the Site Plan Agreement DR1730271 will be
prepared in order to register the condominium in a registered legal agreement.
7. The Owner agrees to include in the Declaration of Condominium the following:
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.
The Condominium is responsible for the maintenance and repair of the
walkway connecting Donald Powell Crescent to King Avenue.
8. 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
approved plan of condominium.
9. 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,
4 and 8 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.
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