DEPARTMENT OF PLANNING, PARKS AND RECREATION REPORT - REPORT - REPORT - REPORT - REPORT TO: FROM: SUBJECT: Chair and Members of PAC Mary C. Joyce-Smith, Senior Planner J.F. MARKELL HOMES (J.F. Markell) - REVIEW OF AN APPLICATION FOR A CONDOMINIUM AT 33 CUMBERLAND STREET, CONTAINING 20 UNITS ON PART OF LOT 26 AND 27, SOUTH SIDE OF FIRST STREET AND NORTH SIDE OF WATER STREET, CITY OF CORNWALL (FILE NO. 04-CD-2010-01 AND CONDOMINIUM FILE NO. 278) DATE: February 10, 2010 A.) RECOMMENDATIONS: 1. THAT the application dated December 14, 2009 from J.F. Markell Homes Ltd., for a Plan of Condominium on Part of Lot 26 and 27, South Side of First Street and North Side of Water Street, as indicated on Draft Plan by K. L. Stidwill, Ontario th Land Surveyor, dated January 28, 2010, be approved and that the process be exempted from Section (51) of the Planning Act; and 2. THAT upon final condominium drawings being prepared by an Ontario Land Surveyor, and being reviewed and confirmed, that final approval be granted to the Plan of Condominium. B.) BACKGROUND: The applicant, Mr. John Markell, has established his sixth building containing 20 units. The property is located along Cumberland Street, municipally known as 33 Cumberland Street. The layout of the units consists of three storeys, with six units on the first floor, seven units on the second floor and seven units on the third floor, respectively. There are parking provisions for 28 vehicles, with surplus and visitor parking provided above ground. C.) COMPLIANCE WITH PROVINCIAL POLICY: The proposed development meets the test of the Housing Policy in the Provincial Policy Statement: 1.4.2 In meeting the land and unit supply requirements...residential intensification and redevelopment will be considered first...
Page 2 1.4.4 directing the development of new housing toward locations where appropriate levels of infrastructure and public service facility are, or will be, available to support current and future needs. As is previously evidenced, the applicant has been instrumental in the comprehensive redevelopment of this quadrant of the downtown. The introduction of the condominium buildings along Water Street have served as a catalyst for the redevelopment of the downtown. D.) OFFICIAL PLAN AND ZONING: The Official Plan designation for the subject lands is Urban Residential (U. RES), which encourages townhouse and apartment/condominium projects to be generally developed in appropriate clusters in areas fulfilling particular location factors... (4.3.3.3). As well, the Official Plan encourages planned residential developments reflecting a high standard of design for the site, building and neighbourhood (4.3.2.5). Therefore, the creation of this development on this piece of land has been a good example of both intensification and consolidation of land. There are various policies in the Official Plan Housing Goals 5.2(2) which are also applicable to this development, as it states: Encourage attractive, well designed and innovative residential subdivision and housing projects. The four storey design is sympathetic to the surrounding residential dwellings to the west and the building as presented on the site plan looks aesthetically pleasing. The Housing Policies are perhaps the most applicable. They also state: 5.3 (4) Encourage more housing projects in or immediately adjacent to the Downtown and Le Village Business District. 5.3.5) Consider housing projects in proximity to the St. Lawrence Waterfront and use the approved Cornwall Waterfront Plan. In this case, the developer has completed an comprehensive development utilizing the Official Plan policy concerning waterfront in his development. The 1984 Waterfront Plan recognized this area as a key location for residential development. Although this is not a condominium conversion, the key official plan policies with respect to conversion to condominium state that it should not be permitted if the vacancy rate is below 3%. As it stands, the vacancy rate is 3.2% and this is a newly built condominium and not a conversion. Therefore, Planning Division staff supports the application for Condominium.
Page 3 The zoning for the property in question is Residential 40 (RES 40), which allows multiple family dwellings, as proposed. An associated Minor Variance to reduce parking size length and angular planes projections has been heard and approved by the Committee of Adjustment. This allowed the building to be built on this infill lot, in character with the existing buildings in the development. E.) SITE ANALYSIS: The land is legally described as Part of Lot 27, North Side of Water Street. It is situated along Cumberland Street, as indicated on the attached map. Primary access to the site will be provided from Cumberland Street. The on-site parking is easily accessible, with the entrance to the underground parking located at the rear of the building, together with on-site visitor parking above ground. The surrounding land uses include: North.... Markell property management offices - 37 Cumberland Street West... Residential East...Markell built condominium buildings South... Cornwall Physiotherapy Clinic - 25 Cumberland Street F.) PARKLAND DEDICATION: The Planning Division staff has determined that the requirement of Parkland dedication has been dealt with through the previous condominiums. As provided in the Planning Act, the municipality is entitled to 5% parkland from the subject lands or up to 5% cash-in-lieu dedication. This figure is based on the appraised value, prior to the condominium approval and development (raw value). Mr. Markell completed his contribution to the municipality, totalling a cash payment in excess of the customary 5% figure, with 5% portion being contributed to the general parkland fund and the balance given to the Rotary Eco Garden. G.) DEPARTMENTAL COMMENTS: Building and By-Law Division: No objections. Building is under construction and the owner has obtained the necessary building permits.
Page 4 Cornwall Community Police Service: The Cornwall Community Police Service reviewed the application and have no issues or concerns from a Policing or Traffic perspective. Social and Housing Services: No comments Municipal Assessor: No comments G.) CONCLUSION: The application for condominium at 33 Cumberland Street, comprised of 20 units, is appropriate for the subject property. This building is very compatible with the five existing condominium buildings in the complex. The Site Plan Control procedure has been completed on this project and has ensured a continued high degree of design, which is in keeping with the previous development. The Urban Residential designation (U. RES) and Residential 40 (RES. 40) zoning, permits this type of development. The related setback variance was approved without objections from neighbours. The approval is for condominium ownership versus traditional rental. No objections are raised on this as the City already has a healthy rental vacancy rate. Condominium ownership is a desirable option for many people who still wish to own a property without the traditional encumbrances (i.e. maintenance, yard upkeep, etc.) of a fully detached single family dwelling. Respectfully submitted, Reviewed and endorsed by, Mary C. Joyce-Smith, MCIP, RPP Senior Planner Ken Bedford, MCIP, RPP Supervisor - Planning Division MCJ-S/tag Attachs.
Page 5 ATTACHMENTS I) LETTER REQUESTING EXEMPTION FROM SECTION 51 (DRAFT PLAN) II) DRAFT PLAN CONDITIONS III) SITE LOCATION MAP IV) DRAFT PLAN OF CONDOMINIUM V) APPLICATION