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Report
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Report To: Planning and Development Committee
Date of Meeting: February 19, 2019
Report Number: PSD -013-19 Resolution: PD -019-19
File Number: S -C-2011-0002 By-law Number:
Report Subject: Extension to Draft Approval by 1977057 Ontario Limited in Brookhill
Neiahbourhood in Bowmanville
Recommendations:
That Report PSD -013-19 be received;
2. That the extension to Draft Approval for S -C-2011-0002 be supported subject to the
Conditions as contained in Attachment 1 to PSD -013-19;
3. That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report
PSD -013-19 and Council's decision; and
4. That all interested parties listed in Report PSD -013-19 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report PSD -013-19
Report Overview
Page 2
The report recommends an extension to Draft Approval for S -C 2011-0002 in the Brookhill
Neighbourhood of Bowmanville for a period of six years.
Application Details
Owner:
Proposal
1.3 Area:
1.4 Location
1.5 Roll Numbers
1977057 Ontario Limited
Proposed Draft Plan of Subdivision:
Extension of a Draft Approved Plan of Subdivision consisting of 47
single detached dwellings, 32 semi-detached dwellings, 62
townhouse units, two mixed use blocks containing between 98-162
multi -residential units for a total of 237 to 301 residential units, a
park and a landscape strip adjacent to Bowmanville Avenue.
11.98 hectares
2278, 2318, 2360 Bowmanville Avenue, Part Lot 15, Concession 2,
former Township of Darlington (see Figure 1)
18-17-010-030-01000
18-17-010-030-01100
18-17-010-030-01200
Municipality of Clarington
Report PSD -013-19
Page 3
Figure 1: Site Location
2. Background
2.1 On April 15, 2011 Dunbury Developments (Regional) Ltd. submitted applications for a
Draft Plan of Subdivision and Zoning By-law amendment. Since the original
submission, several changes were made to the draft plan. Most notably was the
alignment adjustment to the south for the future extension of Longworth Avenue after
the completion of an Environmental Impact Study and the Environmental Assessment in
2012. On November 25, 2015, the Municipality received a Notice of Appeal submitted
by the solicitor for Dunbury Developments (Regional) Ltd., regarding the proposed Draft
Plan of Subdivision and a Zoning By-law amendment. The appeals were filed under
Sections 51(34) and 34(l 1) of the Planning Act, for failure of Council to make a decision
in respect of these development applications.
Municipality of Clarington Page 4
Report PSD -013-19
2.2 Staff and the applicant worked through the various issues related to the draft plan and
an agreeable solution was reached. At the June 25, 2012 General Purpose and
Administration Committee meeting, Report PSD -034-12 was approved which requested
the Ontario Municipal Board (OMB) approve the draft plan and the corresponding
rezoning application. The conditions of draft approval provided an expiry date of three
years from the date approvals were given. The OMB issued its decision on July 14,
2016, approving all applications.
2.3 Shortly following the approval of the applications, the site was sold to 1977057 Ontario
Limited.
2.4 At the time of draft approval, it was understood that the subject lands could not proceed
until services were extended and development of roads and stormwater ponds were
coordinated with adjacent landowners. Figure 2 illustrates the necessary works required
to advance development.
Figure 2: Proposed Draft Plan and required road and servicing infrastructure
Municipality of Clarington
Report PSD -013-19
Clarington Boulevard
Page 5
2.5 The west side of the proposed alignment of Clarington Boulevard is partially located on
lands owned by DG Group (S -C 2012-0003) who received draft approval in 2015. The
timing of the subject draft plan will be contingent on the owner securing the balance of
the lands for the extension of Clarington Boulevard and/or cost sharing arrangements
with DG Group.
Longworth Avenue
2.6 An Environmental Assessment and Environmental Impact Study confirmed the location
of the alignment of Longworth Avenue from the urban area boundary in the west to
Bowmanville Avenue in the east. It also determined the location of the crossing of the
Brookhill tributary.
2.7 The development of the subject draft plan will require the construction of Longworth
Avenue through the site. Since the Region of Durham controls intersections at regional
roads, construction of the west side of Longworth Avenue cannot proceed until the
alignment east of Bowmanville Avenue has been constructed. The timing of the portion
of the Longworth Avenue east will require the cooperation of development interests on
the north and south sides of Longworth Avenue east of Bowmanville Avenue.
Stormwater Management Pond
2.8 The stormwater management pond to service this draft plan is located on lands to the
south for which a draft Plan of Subdivision has been submitted by Tonno (18T-95027),
but is not yet draft approved. The timing of the development for the subject draft plan
will depend on the timing of development of the Tonno lands or the developer must
make arrangements with Tonno to secure land through easements for the pond prior to
development proceeding.
Sanitary Sewer Trunk
2.9 The development of this site is reliant on the extension of 375 mm trunk sanitary sewer
which is located south of the CP Railway and east of Bowmanville Avenue. The sewer
will have to be brought under the railway and through the recently approved project by
YYZ at the south east corner of Durham Highway 2 and Bowmanville Avenue. The trunk
will then have to extend northward to service the lands along Bowmanville Avenue in
the Brookhill Neighbourhood, being Tonno and the subject draft plan.
2.10 Specific conditions were added into the conditions of draft approval to ensure the
appropriate cost share agreements are in place, specifically endeavours to collect and
front ending agreements to and from benefitting landowners.
Municipality of Clarington
Report PSD -013-19
3. Discussion
Page 6
3.1 The proposed development is currently "landlocked" in terms of road connections, and
there are no services extending to the subdivision. Development of these lands is
premature until roads and services are constructed including the requisite stormwater
management pond.
3.2 The stormwater management pond and much of the Clarington Boulevard and
Longworth Avenue road allowances are proposed to be constructed on lands owned by
others. The applicant must co-ordinate the construction of Clarington Boulevard from its
existing north terminus to Longworth Avenue, Longworth Avenue from Bowmanville
Avenue to Clarington Boulevard to a full urban standard as well as all services and the
stormwater management pond with the adjacent landowners.
3.3 The owner has met with the adjacent land owners to discuss cost sharing arrangements
and has met with Regional representative to discuss the timing for services, however,
the timing of the development of this site remains contingent on other parties moving
forward with their particular proposals.
4. Recommendation
Given the road and infrastructure improvements necessary to advance development,
Staff have no objection to the request for the extension to draft approval of S -C 2011-
0002 for a period of six years.
5. Strategic Plan Application
Not applicable.
Municipality of Clarington
Report PSD -013-19
Page 7
Submitted by: Reviewed by:
Faye Langmaid, RPP, FCSLA, Andrew C. Allison, B. Comm, LL.B
Acting Director of Planning Services CAO
Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or
cstrike@clarington.net
Attachments:
Attachment 1 — Amendment to Conditions of Draft Approval
List of interested parties to be notified of Council's decision:
Michael Domovitch, 1977057 Ontario Limited
Paolo Sacilotto, DG Group
Cora Tonno, William Tonno Construction
CS/FL/nl
I:\ADepartment\Application Files\SC-Subdivision\S-C 2011\S -C-2011-0002 Dun bury-Brookhill\Extension to DA\Staff Reports\PSD-013-19\PSD-013-19.docx
Attachment 1 to
Report PSD -013-19
AMENDMENT TO THE CONDITIONS OF DRAFT APPROVAL
DRAFT PLAN OF SUBDIVISION S -C 2011-0002
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 by February 19, 2025, 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.