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Report
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Report To: Planning and Development Committee
Date of Meeting: February 20, 2018
Report Number: PSD -019-18 Resolution: #PD -035-18
File Number: S -C 2005-003 and S -C 2005-004 By-law Number:
Report Subject: Extension to Draft Approval for Two Draft Approved Plans of
Subdivision by Smooth Run Developments (DG Group Inc.)
and Brookfield Homes (Ontario) Ltd in Newcastle
Recommendations:
That Report PSD -019-18 be received;
2. That the extension to Draft Approval for S -C 2005-003 be supported subject to the
Conditions as contained in Attachment 2 to PSD -019-18;
3. That the extension to Draft Approval for S -C 2005-004 be supported subject to the
Conditions as contained in Attachment 3 to PSD -019-18;
4. That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD -
019 -18 and Council's decision; and
5. That all interested parties listed in Report PSD -019-18 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PSD -019-18
Report Overview
The report recommends an extension to draft approval of S -C 2005-003 (Smooth Run
Developments) and S -C 2005-004 (Brookfield Homes (Ontario) Ltd.) in North Newcastle
Village for a period of six years.
1. Application Details
Page 2
1.1 Owners: Smooth Run Developments (DG Group Inc.) S -C 2005-003
Brookfield Homes (Ontario) Limited S -C 2005-004
1.2 Agent: GHD
1.3 Proposal: Smooth Run Developments: 656 unit residential Draft Approved Plan of
Subdivision consisting of 326 single detached dwellings, 76 semi-detached
dwellings, 76 linked dwelling units, 84 townhouse units, and a medium
density townhouse block, 1 elementary school, 1 park block, a
parkette, a daylighted tributary, 2 stormwater management ponds, an
open space block, a block for a water reservoir and a Future Development Block.
Brookfield Homes (Ontario) Limited: 270 unit residential Draft Approved
Plan of Subdivision, consisting of 139 single detached dwellings units, 62
linked dwellings, 69 townhouse units, a parkette, a walkway, a servicing
block and a Future Development Block.
1.4 Area: Smooth Run Developments
Brookfield Homes
Total
73.84 hectares
34.86 hectares
108.70 hectares
1.5 Location: Part Lots 27 & 28, Concession 2, Township of Clarke. See Figure 1.
1.6 Roll Numbers: 18-17-030-030-04105, 18-17-030-130-09350 & 18-17-030-130-09200
1.7 Within Built Boundary: No
Municipality of Clarington
Report PSD -019-18
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2. Background
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Page 3
2.1 On August 24, 2005 Staff received an application to amend the Clarington Official Plan
submitted jointly by Smooth Run Developments and Brookfield Homes (Ontario) Limited.
An application for a Neighbourhood Design Plan was also jointly submitted. Smooth Run
and Brookfield submitted separate application for proposed draft plans of subdivision and
rezoning for their respective lands.
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Page 3
2.1 On August 24, 2005 Staff received an application to amend the Clarington Official Plan
submitted jointly by Smooth Run Developments and Brookfield Homes (Ontario) Limited.
An application for a Neighbourhood Design Plan was also jointly submitted. Smooth Run
and Brookfield submitted separate application for proposed draft plans of subdivision and
rezoning for their respective lands.
Municipality of Clarington
Report PSD -019-18
Page 4
2.2 On August 7, 2008 the Municipality received a Notice of Appeal by both Smooth Run and
Brookfield Homes. The appeals were filed under Sections 22 (7), 51 (34) and 35(11) of
the Planning Act, for the Municipality not making a decision on the development
applications within the prescribed timeframes.
2.3 Following the appeal, the applicants, staff and agencies worked through the various
issues. At the June 25, 2012 General Purpose and Administration Committee, Committee
approved Report PSD -034-12 which requested the Ontario Municipal Board (OMB) to
approve the Official Plan Amendment, the two draft plans and the corresponding rezoning
applications. Given the size of the development, the conditions of draft approval provided
an expiry date of six years from the date approvals were given. The OMB issued its
decision October 19, 2012, approving all applications.
2.4 At the time the applications were being considered, it was understood that servicing this
area would require the construction of a reservoir, feedermains, a pumping station,
expansions to the Newcastle Water Supply System, and Wilmot Water Pollution Control
Plant (WPCP) as well as construction of a new trunk sewer along the Foster Creek and
the extension of a trunk sewer on North Street. In 2013, the Region provided a forecast
for improvements for design and construction of the various works. On that basis, the
applicant prepared and submitted detailed engineering drawings to the Engineering
Services Department for Phase 1 only. However, implementation of the forecast for
regional improvements was delayed. In 2017, the Region provided a revised forecast.
(Table 1).
Required Infrastructure
2013 Forecast
2017 Forecast
Upgrade Zone 1 Water Reservoir & Feedermain
Design 2014,
Design 2019,
Construct
Construct 2021-
2015
23
New Zone 2 Water Pump Station and
Design 2015,
Design 2019,
Feedermain
Construct
Construct 2021-
2016
23
Newcastle WPCP Additional Capacity Expansion
Design 2014,
Design 2017,
Construct
Construct 2019
2015
North Street Trunk Sanitary Sewer Extension
Design 2014,
Design 2017,
Construct
Construct 2019
2015
Foster Creek Truck Sanitary Sewer Extension
Design 2013,
Design 2018,
Construct
Construct 2019
2014
Table 1: Region of Durham 2013 and 2017 Forecast for Infrastructure Improvements in
Newcastle Village.
2.5 On May 29, 2017, a letter from GHD was received requesting an extension to draft
approval for both draft plans for an additional six years. (Attachment 1)
Municipality of Clarington
Report PSD -019-18 Page 5
3. Discussion
3.1 The Region's revised timetable in the advancing the design and construction of the
necessary infrastructure to advance the development of the draft plans has had a
significant impact to these developments. According to GHD, the developers have had
many discussions with the Region. The Region had suggested that changes to the
Development Charges Act through Bill 73, introduced in 2016 prohibits the developer
from up fronting the costs for the required improvements. The earliest opportunity to
commence house construction of Phase 1 is 2022. The developers are requesting an
extension to 2024. It is likely that similar requests will be made to advance beyond
development of Phase 1.
4. Recommendations
4.1 Given significant delays to the infrastructure improvements, Staff have no objection to the
request for the extension to draft approval of S -C 2005-003 (Smooth Run Developments)
and S -C 2005-004 (Brookfield Homes) for a period of six years.
Submitted by:
David J. Crome, MCIP, RPP
Director of Planning Services
Reviewed by:
Andrew C. Allison, B.Comm, LL.B
CAO
Staff Contact: Cynthia Strike Principal Planner, 905-623-3379 ext. 2410
or cstrike(o)_clarington.net
Attachments:
Attachment 1 - Letter from Darren Marks P. Eng. GHD
Attachment 2 - Amendment to Conditions of Draft Approval S -C 2005-003 (Smooth Run)
Attachment 3 - Amendment to Conditions of Draft Approval S -C 2005-004 (Brookfield)
A list of people to be notified of council's decision:
Aidan Dekkema, Brookfield Homes
Paolo Sacilotto, Smooth Run
Darren Marks, GHD
CS/CP/nl
I:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\SC-Subdivision\S-C 2005\S -C 2005-0003 Smooth Run\Extension to Draft Approval\PSD-019-18.docx
David Crome
Director of Planning Services
Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville ON 1-1C 3A6
Dear Mr. Crome:
JUN 2 9 2017
MUNICIPALITY OF CLARINGTON
PLANNING DEPARTMENT
Reference No. 13056/2821357
Re: Draft Approved Plan of Subdivision — Brookfield Residential (Ontario) Limited
Final Approval Extension Request
Part Lot(s) 27 & 28 Concession 2, Former Town(ship) of Clarke
File No. S -C-2005-004
On behalf of the Developer, Brookfield Residential (Ontario) Limited, kindly accept this letter as our formal
written request for an extension to the date of final approval requirement for this plan. For your information
and consideration, we outline the following in support of our extension request.
1. The North Village — Brookfield Draft Plan (S -C-2005-004) received approval in November 2012.
Brookfield Residential intentions were to initiate a perpetual development phasing schedule which
aligned with the Regions 2013 Water Supply and Sanitary Sewerage Servicing and Financing Study
forecast of the following required infrastructure improvements.
• Upgrade Zone 1 Water Reservoir and Feedermain (Design 2014, Construct 2015)
• New Zone 2 Water Pump Station and Feedermain (Design 2015, Construct 2016)
• Newcastle WPCP Additional Capacity Expansion (Design 2014, Construct 2015)
• North Street Trunk Sanitary Sewer Extension (Design 2014, Construct 2015)
• Foster Creek Trunk San. Sewer Extension North of 401 (Design 2013, Construct 2014)
2. First submission of the Phase 1 detailed engineering design drawings was made in November
2014. However, the forecast of the required infrastructure improvements had not maintained an
implementation schedule which would permit subsequent development phases to advance. The
opportunity/timing to advance subsequent development phases of the North Village Neighbourhood
is a critical component in the commencement and timing of when to construct Phase 1 of this draft
plan, along with the subsequent phases in this neighbourhood plan.
3. Over the past four years Brookfield Residential, along with DG Group have met regularly with the
Region of Durham, most recently on February 23, 2017, in attempts to maintain the
budgetlimplementation forecast timeline. The following however outlines the 2017 Water Supply
and Sanitary Sewerage Servicing and Financing Study current forecast which illustrate a significant
deferral from the 2013 study forecast for these required infrastructure improvements.
• Upgrade Zone 1 Water Reservoir and Feedermain (Design 2019, Construct 2021-23)
• New Zone 2 Water Pump Station and Feedermain (Design 2019, Construct 2021-23)
• Newcastle WPCP Additional Capacity Modifications (Design 2017, Construct 2019)
• North Street Trunk Sanitary Sewer Extension (Design 2017, Construct 2019)
• Sunset Blvd. & Lakeview Rd. Trunk San. Sewer (Design 2018, Construct 2019)
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4. Many attempts to move the neighbourhood plan forward has been made by the Developer. As an
example, Brookfield (along with DG Group) was prepared to assume the full cost of implementing a
temporary water pressure booster station to advance Phase 1 without reimbursement from the
Region of Durham. However, due to the 2016 changes to the Development Charges Act from Bill
73, the Region of Durham will not approve the Developers request to supply and install this
temporary water booster station. A temporary water booster station is required for Phase 1 to
proceed in advance of an operational Zone 2 water pump station. Hence, any development of the
North Village — Brookfield Draft Plan is postponed until the Zone 1 and Zone 2 water system
improvements are completed.
Brookfield Residential does not intend to commence the earthworks program for the entire site if only a
small number of lots can be developed. Commencing the earthworks program now would only leave much
of the site being left barren until there was certainty as to when subsequent phases can be developed. We
feel the Municipality does not want the site left in an unfinished state for an unknown period of time.
Understanding that currently the earliest opportunity for the Developer to commence Phase 1 construction
of the North Village - Brookfield Draft Plan is year 2022, we would respectfully request the date of final
approval requirement for this plan be extended by six (6) years to November 2024.
We trust this information is satisfactory to meet your current requirements, permitting Clarington to
process and endorse this extension request. However please feel free to contact the undersigned should
you have questions or require further documents/applications regarding this matter.
Sincerely,
GHD
Darren Marks, P. ng.
Project Manager, Land Develo ment - Ontario
DMM/mh
Encl.
cc: Municipality of Clarington; Attn: Anthony Cannella
Brookfield Residential; Attn: David Murphy, Aidan Dekkema
DG Group; Attn: Paolo Sacilotto, Thomas Albani
GHD; Attn: Bryce Jordan
Draft Plan Ez ension Letter- May 2017
Attachment 2 to
Report PSD -019-18
AMENDMENT TO THE CONDITIONS OF DRAFT APPROVAL
DRAFT PLAN OF SUBDIVISION S -C 2005-003 (Smooth Run)
Issued for Review:
Notice of Decision:
Amendment Approved:
The Notes to Draft Approval are amended, as shown below,
NOTES OF DRAFT APPROVAL
If final approval is not given to Phase 1 by February 20, 2024, 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.
Attachment 3 to
Report PSD -019-18
AMENDMENT TO THE CONDITIONS OF DRAFT APPROVAL
DRAFT PLAN OF SUBDIVISION S -C 2005-004 (Brookfield Homes)
Issued for Review:
Notice of Decision:
Amendment Approved:
The Notes to Draft Approval are amended, as shown below,
NOTES OF DRAFT APPROVAL
If final approval is not given to Phase 1 by February 20, 2024, 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.