Loading...
HomeMy WebLinkAboutPD 01/004`,� OF p��� ~� � REPORT TO COUNCIL FROM: Neil Carroll DATE: January 14, 2000 Director, Planning and Development RECOMMENDATION RGPORT NUMBCR: Ol -00 SUBJECT: DraR Plan of Condominium 18CDM-98001 Victory Kingsgnte Limited (previously Royal Holdings Canudu Gimited) Purt of Lot 33, Rnnge 3, B.F.C. (North-west comer of Kingston & Altona Roads) Ciry of Pickering RECOMMENDATION: That Pickcring City Councii rccommend to Regionnl Council that DraR Plnn of Condominiuin 18CDM•98001, submitted by Victory Kingsgate Limited, for the cstablishment of condominium tcnurc on 3S townhousc units, on lands bcin�; Pan of Lot 33, Rangc 3, 4.r.C, City of Pickering, be APPROVEQ AS REVISED, subjcct to conditions listcd in Appendix I to Recommcndation Rcpon No. 01-00. ORIGIN: DruR Plan of Condominium Applicntion 18CUM-98001 submitted to thc Region of Durhum nnd forwnrded to the Ciry for comment. AUTHORITY: The Plnnning Act, R,S.O. 1990, chnptcr P.13. FINANCIAL IMPLICATIONS: No direct costs to the Ciry nre anticipated as n result of the proposed development. EXECUTIVE SUMMARY: Approval of this DrnR Plan of Condominium application is rcquircd to enable thc cstublishment of condominium tenure for 38 townhouse units which nre currently undcr construction at the north-west comer of Kingston Road and Altonn Rond. The development is being merkctcd under the name of "Kingsgnte on the Rouge". A property location map and u rcduction of the submitted droft pinn af condominium ere nttachcd for information (sec Attachments HI and #2 respectively). The proposal conforms to the policics nnd provisions of the Durham Regionnl OfTicial Plan, the Pickering Official Plnn, nnd the Zoning Dy-law. Construction is rcquircd to procced in accordnnce with the registercd sito plan agrcement executed betwcen the owner and lhe City. 27 � Recommendation Report Number 01-00 Jenuary 14, 2000 Subject: Drafi Plan of Condominium 18CDM-98001 Page 2 The plan of condominium appiication is recommended for approvul subject to thc conditions oullined in Appendix I to this Report. These conditions of approvel include the payment of cash-in-lieu of parkland dedication, and the conveyance to the City of a block of undevelopable land at the south-west comer of thc site elong Kingston Road, abutting the Rouge Park. BACKdROUND: 1.0 Discussion The City hes reviewed essociated Site Plan Application S 12l98 and granted Final Site Plan Approvu! on October 5, 1999. The owner has entered into n Sitc Plan Agrcement with the City and the Agreement has been mgistered on title. The 38-unit townhouse development known as "Kingsgate on the Rouga" is currently under construction in nccordance with the registered site pinn agreement. The Pickering Official Plan designutcs ihe sita "Mixed Use Areas - Mixed Corridors" within the Rougemount Neighbourhood, pertnitting residentinl dcvclopment nt a density of between 30 nnd 55 units per hectnre. Zoning By-Inw 3036, us nmended by By-inw 5374/98, zones the subject site "(H)MD-H4 -(Halding Zone) Medium Density Residential - Multiplc Dwciling Horiwntul" nnd "OS-HL-1 - Open Space/Hnuvd Land". On July 20, 1999, Council passed By-Inw 5530/99 lifting the associnted holding symbol, thercby permitting development in accordunce with the •r.oning by-Inw. Recently, the markcting of many condominium townhouse developments has chnnged whereby purchascrs own substantiully morc property in front of nnd behind thcir units. As n rcsult, aspccls of a developmcnt that might huve been trnditionnlly held in common by the condominium corporntion (eg. walkways, Inndscnpc fenturcs, rewining wnlls, fencing) may be in multiple ownerships, as thc feature travcrscs individual properties. To ensurc the long-tertm m�intenunce of these featurcs docs not become thc responsibiliry of the owncr(s) of the dwelling unit, it is rccommcnded thnt thesc clements rcmain in common owncrship of the condominium corporation. This will also providc thc City with grenter nssurance of continued und long-term sile plun conformity. Thc subject dmft pinn of condominium must be 'red-lined' to ensure that thc common fentures will be the responsibility of the condominium corporetion as a whole, and not that of thc individunl unit owner(s) (see Recommcnded Conditions of Approval 2c) nnd � in Appendix I to this Repod). The proposed draft plan of condominium (included as Attachment �2 to this Report) does not include nn undevelopable block of open space/hawrd lunds located in thc most south-west portion of the site, below top-of-bank of the Rouge River, abutting Kingston Road. This block of lend is required to be included within the condominium plan i� order that it may then be deeded to the City. Consequently, the plan has been 'red-lined' to include this Open SpncelHa�ard Lend block in the draft plan of condominium, end n requirement has been added in thc recommended conditions of approvnl that the Block be deeded to the City (see Recommended Conditions of Approval 1, and 2(g) in Appendix I to this Report). Therefore, the plan is rccommended for npprovnl, subject to thesc revisians. The parkland dedication requirement for ihis development will bc satisfied through the cns�-i�;•lieu provision which is included as u condition of dmR pinn of condominium a;�proval (see Recommended Condition of Approval2(d) in Appendix 1). It is recommended that the owner cnter into a cnndominium agrecment with Gye City prior to the registration of the proposed condominium plan, thereby making thc tLturc condominium corporetion awen of their obligedons and rcsponsibiliUes from thc outse� Among other things, tha condominium agreament should includc obligations end rcsporuibilidea of the owner/dcveloper which ahell condnue sfter thc condomtnium plen is � Recommendatlon Rcport Number Ol •00 Subject: Draft Plen of Condaminium 18CDM-98001 J��y ia, Z000 23 Page 3 registered, Typlcally, ihe condominium agrcement would requim continued compliance with the City-aPProved site plan, and that appropriete azrangements be made with thc City regarding such matters us refuse collcction, snow stomge, and driveway entrance maintenencc (see Recommended Conditions of Approval, qppendix I to this Report). These condiGons of approvel include ihe standazd requiremenis that condominium developers and fuhuc condominium corporations nortnally encounter prior to the Region's final approval and registradon of a condominium plan, ATTACHMENTS: I. Property Location Map 2. ApplicanYs Submitted Draft Plan of Condominium Prepnred By: Valerie �, Rodrigue CIP, RPP Senior Planner _ ( i%y/1Q"ItiVGZc�.(/� . Lynda D. aylor Manager, Current Operutions Division VRR/LDT/ph Attachmcnts Copy: Chief Administrative Officer Recommended for the consideration of Pickcring City ouncil � —y� ,� � omas J. ui , Chief Administradve O � Approved / Endorsed'uy: Nei Carroll Director, Planning and Development :;' . 1.} _ _ �i �O • APPEND[X�. TO RECOMMENDATION REPORT N0. Oi-00 RECOMMENDED CONDITIONS OF APPROVAL FOR DRAFT PLAN OF CONDOMINIUM 18CDM•98001 1. That this recommendation apply to the draft plen of condominium prepared by Otto Ertl, OntFVio Land Surveyor, dated September 29, 1999, (Drnwing No. 9833-2 of Project No. 98-33) contnining 38-townhouse units, as revised/red•lined to include Part 2 on the Draft Reference Ylan prepared by Otto Ertl, Onttuio Land Surveyor, (Drawing No. 9833-5 of Project No. 98-33), being an Open Space/Ha�ard Land block in the most south-westem portion of the site, anJ bearing the Ciry's Recommendation stamp; and 2. That prior to finul registrntion of the condominium pltsn: a) the applicant shall submit n Drali Durf�am Condominium Plnn to be approved by the City`s Planning and Dcvelopment Dcpartment in order to ensure consistcncy bctween the condominium plan nnd the approved site plun; b) the City must be satisfied that the site is in full confortnity with the SiW Plan Agrecment dated September 21, 1999, and registercd as Instcument Number LT 923882 on October 4, 1999, which nmends thc Site Plan Agrcement dated July 9, 1999, which was registered es Instwnent Number LT916258 on August 26, 1999, und thnt nll of the general on-site works, including londscaping, fencing, lighting, nnd surfuce trentments hnve besn or will be completed to the satisfaction of' the City's Plnnning and Development, and Operations and Emergency Services Depwtments; c) thc upplicant shnll enter into nn npproprintc condominium ogrcemcnt with und to the satisfaction of the City, which shull includ�, but not necessarily bc limited to, the following rcquircments: (i) assurnnce of the continued compliance of the subject property with the City-approved site plan; (ii) the ensured coaperntion of th� condominium corporation with the City, regarding such matters ns snow stom6e, refusc colicction, and drivcway cntrance maintennncc; nnd (iii) thnt the owner implement thc noise attenuation rccommendations outlined in the Detailed Noise Control Study referred to aj Report No. WA98-48 (Revision No. 2), preparcd by SS Wilson Associates, dated Merch 9, 1999, as updnted by letters dated Mny 19, 1999, and September 13, 1999, signed by Tarck Zayed, P. Eng. quoting (their) File No. WA98-48R; d) the applicant shall satisfy the City with regurd to cash-in-lieu of pnrkland dedication; e) ihe applicant shall satisfy the City that key elements of the proposed dcvelopment such as retaining walls, walkways, fencing, pazkette, visitor parking arens, ?nd lendscape features will remnin in the common ownership of the resultan[ condominium corporation and not in multiple private ownerships; � tte nppiicent shell esmblish easements to the satisfaction of ihe City, wherc deemed necessary by the Ciry, for the purpose of nccess to and maintenonce of common ownership features, sucl� as retaining walls and fencing; g) that Part 2 on the Draft Reference Plan prepared by Otto ErU, Ontario Land Surveyor, Drawing No. 9833-5 of Project No. 98-33, being the Open SpacPhtazutd Lend block in the most south-westem portion of thc aite, bc conveyed free and cicar to the City of Pickedng. • APPENDIX I � 1 STAFF-RECOMMENDED PLAN 18CDM-98001 VICTORY KINGSGATE LIMITED � : � ti•, � - � �i ' �'. ` , r . ,. ` _. . ` , '� : : n �•V . � � ' . . , . . . + � .. . . . . . �,.. . . � � . . .� � . - . . . . I _ . _ . • . � . � . .. . . � . , .. � 3;? , �� e �' �'o _ 0/.-00 F,�COMMENQRiION REPORT 0�..� 18CDM-98001 _ VICTORY KINGSGATE LIMITED APPLICANT'S SUBMITTED (REVISED) PLAN � . � `� ` `' �` t .