AGENDA Special Council Meeting Wednesday, November 14, 2018 Council Chambers 7:00+ PM Page CONFIRMATION OF AGENDA DISCLOSURES OF PECUNIARY INTEREST DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION ITEMS FOR CONSIDERATION 1. PLAN OF CONDOMINIUM EXEMPTION BANTING SQUARE CONDOMINIUM 2359711 ONTARIO INC. 157 WELLINGTON STREET EAST COMMUNITY OF ALLISTON FILE NO. NT-CD-1602 #PD-2018-45 - Pdf 3-11 BY-LAWS CONFIRMING BY-LAW ADJOURNMENT Page 1 of 11
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SPECIAL COUNCIL MEETING NOVEMBER 14, 2018 REPORT #PD-2018-45 PLAN OF CONDOMINIUM EXEMPTION BANTING SQUARE CONDOMINIUM 2359711 ONTARIO INC. 157 WELLINGTON STREET EAST COMMUNITY OF ALLISTON FILE NO. NT-CD-1602 RECOMMENDATION That Planning Report #PD-2018-45 be received; And further that a Plan of Condominium exemption for File No. NT-CD-1602, on lands legally described as Lots 143 to 148 and 150 to 154 on Plan 205 in the Community of Alliston and provided as Attachment No. 3 to #PD-2018-45 be approved. OBJECTIVE The purpose of this report is to provide Council with sufficient information to consider the request for exemption from draft plan of condominium approval and to grant final approval of a residential plan of condominium submitted by 2359711 Ontario Inc. BACKGROUND Location The subject property is legally described as Lots 143-148 and 150-154, Plan 205, within the community of Alliston, and known municipally as 157 Wellington Street East. The subject lands are approximately 1.01 ha (2.5 acre) in size, with approximately 100 metres (328 feet) of frontage along each of Wellington Street East, Lorne Street and Nelson Street East. A location map illustrating this is provided as Attachment No. 1. Adjacent land uses include residential uses to the north, south and west, and institutional uses (Banting Memorial High School) to the west. History/Proposal On June 6, 2016 the applicant submitted concurrent applications for a Zoning By-law amendment, deeming by-law, site plan control and request for exemption from draft plan of condominium. The purpose of these applications was to establish two (2) fourstorey residential apartment buildings containing 112 dwelling units (56 units each) on the site, and register the same as a Standard Condominium. Page 3 of 11
Report #PD-2018-45, November 14, 2018 On March 20, 2017 Council approved the Zoning By-law amendment to authorize the proposed use, and the deeming by-law to consolidate the parcels into one property. On April 24, 2017 Council approved the site plan control application, along with a by-law authorizing the execution of a Site Plan Agreement between the Town and applicant. Subsequently the Site Plan Agreement was executed and the required securities were provided to the Town. A copy of the approved Site Plan is included as Attachment No. 2. On August 22, 2017 a building permit (#2017-08-0996) was issued for the construction of the apartment buildings on the subject lands. The construction of the apartment buildings is currently ongoing. On October 17, 2018, the applicant provided a copy of the plan of condominium, declaration, and by-laws no. 1 and no. 2 to the Town and the Town's Solicitor for review. A copy of the plan of condominium is included as Attachment No. 3. COMMENTS AND CONSIDERATIONS Town of New Tecumseth Official Plan and Zoning By-law No. 2014-126 The subject lands are designated Residential on Schedule "B1" to the Town Official Plan, and zoned Urban Residential - Exception (UR4-3) Zone on Schedule "A" to Zoning By-law No. 2014-126. Both the Official Plan and the Zoning By-law permit the two residential apartment buildings on the subject lands. Planning Staff have reviewed the plan of condominium and note that it complies with all applicable zone provisions. Plan of Condominium Pursuant to the Condominium Act, Council has the authority to exempt condominium applications from draft plan of condominium approval. If an exemption is granted, the plan of condominium can proceed to final approval and registration without the requirements for notice and draft approval, including conditions of approval. As noted above, the request for exemption from draft plan of condominium approval was submitted in 2016 at the same time as applications for a Zoning By-law Amendment, deeming by-law, and site plan control, and as such, it was circulated to commenting agencies for review at that time. There were no concerns/objections to the request for condominium exemption raised, and all relevant planning considerations have since been reviewed and found acceptable in the context of the other planning applications. Furthermore, permits have been issued for the construction of the two apartment buildings on the subject lands, and construction is well underway. Page 2 of 9 Page 4 of 11
Report #PD-2018-45, November 14, 2018 On October 16, 2018 the proposed plan of condominium, including the description, declaration and by-laws no. 1 and 2 were provided to the Town Solicitor for review by the applicant's lawyer; no concerns were noted. On October 19, 2018 a request for comments on the submitted plan of condominium was circulated to the Town s Engineering Department and Building Standards Department. No comments or concerns were provided by the Building Standards Department. The Engineering Department reviewed the plan of condominium for conformity with the approved Site Plan and confirmed that no discrepancies were noted. Furthermore, they note that the majority of site works have been completed, and that the existing securities held under the Site Plan Agreement are sufficient to cover the incomplete works. To this end, the Engineering Department has indicated they have no concerns with the draft plan of condominium exemption request. At this time, approval of the plan of condominium will establish the common elements of the buildings/property, exclusive use of common elements, and allow for the creation of the separate residential units so that title can be conveyed to the individual owners. Staff understand that there are scheduled closings on many of the units for the end of November that are dependent on approval of this application and registration of the plan of condominium. Planning Staff is of the opinion that the necessary requirements under the Planning Act have been satisfactorily addressed and recommend approval of the draft plan of condominium exemption request. FINANCIAL CONSIDERATIONS There are no financial considerations as a result of this report. Respectfully submitted: Shelby White Planner Attachments: Location Map Site Plan Page 3 of 9 Page 5 of 11
Report #PD-2018-45, November 14, 2018 Plan of Condominium Approved By: Department: Status: Bruce Hoppe, MCIP, RPP, Director of Planning & Building Planning Approved - 07 Nov 2018 Khurram Tunio, M. Eng., P. Development and Infrastructure Approved - 08 Nov 2018 Eng, GM of Infrastructure and Division Development Blaine Parkin, P. Eng., CAO CAO Approved - 08 Nov 2018 Page 4 of 9 Page 6 of 11
Location Map 139 151 157 163 169 175 181 189 µ 10 9 11 10 16 13 17 156 160 164 168 174 180 14 18 WELLINGTON STREET EAST 203 143 147 151 155 Subject Lands 30 34 33 35 157 40 150 NELSON STREET EAST King St. N. MCDONALD STREET 141 47 54 195 199 201 William St. 46 50 56 Victoria St. W. Knight St. 60 66 Church St. S. Church St. N. Dufferin St. S. Boyne St. Victoria St. E. Albert St. E. Industrial Pkwy. 155 161 167 173 175 51 56 55 57 58 59 61 162 168 172 178 184 190 67 ALBERT STREET EAST LORNE STREET 55 57 61 206 207 213 224 Scale 1:1,500 0 10 20 40 60 80 Meters Page 5 of 9 This map, either in whole or in part, may not be reproduced without the written authority from Town of New Tecumseth 2018. Produced (in part) under license from: The Corporation of the County of Simcoe; Her Majesty the Queen in Right of Canada, Department of Natural Resources: Queens Printer, Ontario Ministry of Natural Resources: Teranet Enterprises Inc. and its suppliers: Members of the Ontario Geospatial Data Exchange. All rights reserved. THIS IS NOT A PLAN OF SURVEY. Created by the Town of New Tecumseth, November 2018 Page 7 of 11
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