HomeMy WebLinkAboutPL 13/98. . . � �NOF� .. . .
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REPORT TO COUNCIL
FROM: Neil Carroll DATE: June 1,1998
Director of Plenning
RECOMMENDATION REPORT NUMBER: 13/98
SUBJECT: DraR Plan of Candominium I BCDM-95005
Pickdred Investment Limitcd (Southview Gnrdens - Phese II)
Pazt of Lots 2 and 3, Registered Plan 469 and Peri of Lot 17, Concession l,
(South-enst comer of Kingston Roud and Southview Driv¢)
Town of Pickering.
RECOMMENDATION:
That Town Council recommend to Regional Council that Drafl Plan of Condominium
iBCDM•95005, submitted by Pickdred Investmcnt Limited, for the establishment of
condominium tenurc, nn Innds being Pari of Lots 2 and 3, Registered Plan 469 and Peri of
Lot l7, Concession I, Town of Pickering, be APPROVED subject to conditions listed in
Apnendix No, l to Recommendation Report No. 13/96,
ORIGIN:
DruR Plan of Condominium Application 18CDM•95005 submittcd to thc Rcgion of Durham end
fonvarded to the Town for comment.
AUTHORITY:
The Plnnning Act, R.S.O. 1990, chaptcr P,13
FINANC[AL IMPLICATIONS:
At this time no additionnl costs ore anticipnted beyond those normully attributed to development
of this nnturc.
EXECUTIVE SUMMARY:
This epplication is required to permit ihe establishment of condominium tcnure for 40 townhouse
units which are curtently under conswction at the south•east comer of Kingston Rond and
Southview Drive. The development is being marketed under the neme "Southview (3ardens". A
property location mep end a reduction of thc submitted dratt plan of condominium arc attached
for info�mation (see Attachments N I and #2 respectively).
The proposal confortns to the policies and provisions of the Durham Regional Official Plan end
the Town of Pickedng Official Plen. The Pickering Official Plen dcsignates thc site "Mixed Use
Arca - Mixed Cortidors", which permits residential devtlopment at a density of between 30 and
140 units per hwtere. Zoning By-Isw 3036, as amended by Bylaw 4582/95, zones the subJcet
lands "MD-Hl, Multiple Residential - Hodzontal" and perm(ts rosidential dcvclopment at a
density of bctwcen 72 end 103 units per hectare. 'The proposal confortns.
The Town revlewed aasoctated Sitc Plen Appiicadon S 3/97 end granted Finel Site Plen
Approval on October 24, 1997. The owner hes enterod into e Site Plen Agrecment with the
Town end the agre�ment hes Ixen rcgistend on dUe,
' Recomcnendation Report 13/98 Page 2 3�
Draft Plen of Condominium 18CDM•95005 lune 1, 1998
7'he plen of condominium application is recommended for approvel subject to the conditions
ouUined in Appendix No. I to thls report.
BACKaROUND:
1.0 piscussian
The 40-unit townhouse development is currently under constructlon in aceordance with the
registered sita plun egreement executed betwcen the owner nnd the Town.
Recently, the merketing of ineny condominium townhouse developmcnts hos changed
whereby purchesers own substantially more property in front of and behind their units. As
n result, aspects of a development thnt might have been previously heid in common by the
condominium corporotion (eg. walkways, lundscape features, rctnining walis, fencing) cnn
now end up in multiple ownerships, as the feuture traverses individual properties. To
ensure the long-tertn maintenunce of these features docs not become thc responsibility of
just the owners on whose propeRy thcy are located, it is recommended thnt thesc elemenis
remain in common owncrship of the condominium corporation. The subject draft plen of
condominium must be 'red-lined' ro ensure the lendscape feature nt the intersection of
Kingston Rond and Southview Drive, iu well ns the walkwnys and decorative fencing along
these strcet frontages, will be thc responsibiliry of the wndominium corporntion nnd not
ihat of the individual owner. The applicnnt concurs with lhis rccommendetion [see
Condition 2 (e)].
The owncr should bc rcquircd to cnter into u condominium ngrecmcnt with the Town prior
to the rcgistration of the proposed condominium plan, thereby making the future
condominium carporation aw6rc of thcir obligations nnd rcsponsibilities Gom the outset.
Among other things, the condominium ngrcement should include obligations and
responsibilities of thc owner/devcloper which shail continue aRer the condominium plun is
registered. Typicnlly, the condominium ugrcemcnt would rcquire continued complinnce
with tha Town-approved site plan, and that nppropriale arrnngements be made wilh the
Town regarding such mntlers ss refuse collcction, snow storage, and drivewey enVance
maintenance (see Recommended Conditions of Approvnl, Appendix No. I to this Report).
These conditions of approvnl includc the stnndnrd requircments that condominium
developers and future condominium corporutions normnlly encountcr prior to the Region's
final opprovnl nnd rcgistration of a condominium pinn.
ATTACHMENTS:
1. Property Loc., ,,;n Map
2. Applicant's Submitted Plnn
Prepared By: Approved / Endorsed by:
Christopher Wong .
SeniorPlenner
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Lynda T ylor Neil Ca►to
, Maneger, Cwrent OpereUons Division Director of ng
CRW/LT/cjUph
Atteciunenta
: Copyt Oeaeral Meneger .
3 H APPENDIX NO.1 TO
RECOMMENDATION REPORT N0.13/98
RECOMMENDED CONDITIONS OF APPROVAL FOR
pRAFT PLAN OF CONDOMINIUM 18CDM-95005
1. That lhis recommendntion apply to tha condominium plen prepnrcd by Schaeffer &
Reinthaler Limited, Ontario Land Surveyors, dated lanuary 30, 1998, containing
40-townhouse unils, bearing the Town Recommendetion stemp; nnd
2, That prior to final registration of this plen:
a) the npplicant shall submit a Draft Durham Condominium Plan to be approved by the
Town's Plenning Department in order to ensurc consistcncy between ihe condominium
plan and the approved site plan;
b) the Town must be satisfied that thc sitc is in full conCarmity with thc Site Plan
Agrcement dated Scptember 24, 1997, and rcgistercd as Inswment Number LT 825964
on October 8, 1997, end that all of the general on•site works, including Inndscaping,
fencing, lighting, nnd surface VeaUnents huve been or will be completed to thc
satisfaction of the Town's Planning und Public Works Departments;
c) the applicnnt shall enter into an appropriate condominium agreement with ond to the
sntisfaclion of the Town, which shnll include, but not necessnrily be limitcd to, the
following rcquiremcnis:
(i) assurance of the continued compliance of the subject prop:rty with the
Town-approved site plan; and
(ii) the ensured cooperntion of Ihc condominium corpomtion with the Town,
regnrding such mutters es snow stomgc, refuse collection, nnd driveway enlrnnce
maintennnce;
d) the applicant shall satisfy the Town with rcgard to n pnyment in lieu of pnrkinnd
contribution that would hnvc otherwisc bcen rcquired for thc praposed dcvclopmcnt;
e) the npplicant shall sntisfy the Town thnt key elements of the proposed devclopment
such as rctaining walls, walkwnys, fencing, and lendscape features will remain in the
wmmon ownership of thc resultant condaminium co�poration and not in multiplc
private ownerships;
� the applicant shall establish eascmcnts to the sutisfaction of the Town, over units 19 and
34-36 inclusive, for the purpose of nccess nnd maintenance of retaining walls and
fencing.
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