HomeMy WebLinkAboutPSD-102-07
C/JJ!il1glOn
REPORT
PLANNING SERVICES
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
~~U~'OY1*e, PA - '5((- 01
Meeting:
Tuesday, September 4, 2007
Report #:
PSD-102-07
File #: 18T-89044
By-law #: Qool- '8' l.o
Subject:
MINUTES OF SETTLEMENT FOR APPEAL TO AMENDED CONDITIONS OF DRAFT
APPROVED PLAN OF SUBDIVISION
HEADGATE DEVELOPMENTS INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-102-07 be received;
2. THAT the draft Minutes of Settlement between Headgate Developments Inc. and the
Municipality of Clarington contained in Attachment 2, be APPROVED;
3. THAT the By-law contained in Attachment 3 to authorize the Mayor and Clerk, to execute
Minutes of Settlement between Headgate Developments Inc. and the Municipality of Clarington,
substantially in the form of the draft Minutes of Settlement contained in Attachment 2, be
PASSED;
4. THAT the Municipality's Solicitor and Staff be authorized to present the Minutes of Settlement to
the Ontario Municipal Board to request the Board to approve the amendments to the Conditions
of Draft Approval attached to the Minutes of Settlement; and
5. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
d~---d2~~
Reviewed by:
Franklin Wu
Chief Administrative Officer
CS/CP/DJC/df
27 August 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-102-07
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Headgate Developments Inc.
1.2 Proposal: Amendment to Conditions of Draft Approved Plan of Subdivision 18T-
89044 containing 70 dwelling units comprised of:
. 21 lots for single-detached dwelling units;
. 14 lots for 28 semi-detached dwelling units; and
. 3 blocks for 21 street townhouse units.
1.3 Area: 3.8 hectares (9.38 acres)
1.4 Location: The lands subject to the amendment are located east of Scugog Street
and south of Concession Road 3, being Part Lot 12, Concession 2 in the
former Town of Bowmanville (see Attachment 1).
2.0 BACKGROUND
2.1 On February 26, 1990 Council recommended draft approval of Plan of Subdivision 18T-
89044 subject to a number of conditions. Subsequently, on September 19, 1990, the
Region of Durham issued Draft Approval. The lands at the time of draft approval were
owned by 807877 Ontario Limited. The lands are now owned by Headgate
Developments Inc. The Municipality of Clarington now has jurisdiction over the draft
plan of subdivision.
2.2 In October 2006, Headgate Developments Inc. requested Staff prepare a subdivision
agreement for the subject lands. In reviewing the conditions of draft approval, approved
by Council 16 years earlier, Staff noted that a number of conditions were no longer
applicable and a number of new standard conditions of draft approval were required.
New standard conditions included requirements for Architectural Control, review of
marketing material, changes in delegated authority between the Region of Durham and
Municipality of Clarington and between various ministries and agencies.
2.3 Specific amendments were recommended to the conditions of draft approval to address
new road design standards and financial contributions, only. The amended conditions
dealt with the following items only:
i) An increase in size of road widenings on both Concession Road 3 and Scugog
Street from 3.0 metres to 5.0 metres.
ii) An increase in the size of the site triangles on Street "An and Scugog Street.
iii) The addition of a site triangle at Scugog Street and Concession Road 3.
iv) deleting Condition 11- which required the Developer to pay Development
Charges at the time of execution of the subdivision agreement. Development
Charges are now required prior to issuance of building permits.
REPORT NO.: PSD-102-07
PAGE 3
v) deleting Conditions 21, 22, 23 and 24 - which required the Developer make
monatary contributions to the reconstruction of Concession Road 3 and Scugog
Street (Middle Road). Road reconstruction projects are typically financed through
Development Charges if the development does not have lots that directly front
onto the affected road.
vi) adding a new condition to require the Developer to contribute to front ending
payments required by the Development Charges Act.
2.4 The report did not recommend any changes to the number of units that were originally
draft approved or to the lots, blocks or street pattern shown on the draft Plan of
Subdivision.
2.5 Following the issuance of the Notice of Decision, an appeal was lodged by Headgate
Developments Inc. The applicant appealed the number of units specified and the
number of blocks in which they would be located shown on the draft plan of subdivision.
A date to hear the appeal has been set for September 18th and 19th, 2007.
2.6 After receiving notification of the Notice of Hearing, the solicitor for the Municipality of
Clarington met with Staff to discuss the matter. It was concluded at the meeting that
since the additional four (4) street townhouse units were permitted by the Municipality's
Zoning By-law 84-63, as amended, and in the circumstances, the increase in units is
minor, it would be in the Municipality's interest to resolve the issues raised by the
appeal without the expense of a full Ontario Municipal Board hearing. Accordingly, the
Municipality's Solicitor undertook to discuss the possibility of a settlement with
Headgate Developments Inc.'s solicitor.
2.7 Subsequently, the Municipality's Solicitor advised Staff that a settlement in principle was
reached, subject to Council's approval. The recommended draft Minutes of Settlement
are contained in Attachment 2.
2.8 Should Council concur with the recommended settlement, the Municipality's Solicitor
and Planning Staff will present the settlement described below to the Ontario Municipal
Board for approval.
3.0 DETAILS OF PROPOSED SETTLEMENT
3.1 The proposed settlement would modify the Amended Conditions of Draft Approval dated
October 2, 2006 under the heading "Plan Identification" as follows:
i) increasing the total number of dwelling units from 70 to 74;
ii) increasing the number of blocks for street townhouses from 3 to 4; and
iii) increasing the total number of street townhouse units from 21 to 25.
3.2 The original draft approved plan of subdivision 18T-89044 showed a mix of single
detached and semi-detached units and 3 blocks for 21 street townhouse units. The
original street townhouse units had frontages greater than the prescribed minimum
REPORT NO.: PSD-102-07
PAGE 4
frontage of 6.0 metres in Zoning By-law 84-63, as amended. Although an application for
amendment to the draft plan to increase the number of street townhouse units for the
additional units was not submitted, the applicant, in preparing his engineering
submission, added four (4) additional townhouse units, stating that 25 townhouse units
situated on four (4) blocks, could be accommodated and would comply with the
minimum lot area and frontage requirements for street townhouses in the "Urban
Residential Type (R3) Zone" of Zoning By-law 84-63.
3.3 Planning and Engineering Staff have both reviewed the implication of adding these
additional units on technical merits and find that although it does not comply with
Council direction to have 7.5 metre wide frontage for new townhouses, it does not
offend Council's policies regarding on street parking or driveway access, nor would it
have any adverse effects on grading or drainage resulting from the increase in
townhouse units. In addition, as noted above the proposed 25 townhouse units will
comply with the lot area and frontage requirements contained in the Municipality's
Zoning By-law.
4.0 CONCLUSIONS
4.1 Staff recommends that Council approve the proposed settlement. Staff believe that the
proposed settlement is in keeping with provision of the Zoning By-law and there are no
other foreseeable technical issues raised by increasing the number of street townhouse
units by four (4).
4.2 Accordingly, Staff recommend that Council pass the By-law contained in Attachment 3
to authorize the Mayor and the Municipal Clerk, on behalf of the Municipality, to execute
Minutes of Settlement with Headgate Developments Inc. substantially in the form of the
draft Minutes of Settlement contained in Attachment 2.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Minutes of Settlement
Attachment 3 - Authorization By-law
Interested parties to be notified of Council's decisions:
A. Anderson, Headgate Developments Inc.
Mark Flowers, Davies Howe Partners
Region of Durham Planning Department
Central Lake Ontario Conservation Authority
Bell Canada
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Attachment 1
To Report PSD-102-07
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Attachment 2
T9 Report PSD-102-07
OMB Case No. PL061138
ONTARIO MUNICIPAL BOARD
IN THE MATTER OF Subsection 51(43) of the Planning Act, R.S.O. 1990, c.P.13, as amended
Appellant:
Subject:
Property Address/Description:
Municipality:
Municipal File No.:
OMB Case No.
OMB File No.:
Headgate Developments Inc.
Conditions of approval of draft plan of subdivision having
reference to 3 blocks for street townhouses (21 units)"
Part of Lot 12, Concession 2
Municipality of Clarington, Durham Region
Draft Plan of Subdivision 18T-89044
PL061138
S060098
MINUTES OF SETTLEMENT
WHEREAS:
A The lands within draft plan of subdivision 18T-89044 comprise about 3.8 ha and are described
as Part of Lot 12, Concession 2, former Town of Bowmanville, now in the Municipality of Clarington,
Regional Municipality of Durham;
B. The lands are owned by Headgate Developments Inc. ("Appellant");
C. Draft plan of subdivision 18T-89044 was approved pursuant to the Planning Act by the then
approving authority, the Regional Municipality of Durham on September 19, 1990, subject to certain
conditions ("Region's Conditions");
D. On October 16, 2006, the Municipality of Clarington ("Municipality") which now is the approving
authority of plans of subdivision of lands in the Municipality, passed Resolution GPA-369-06 which,
among other things, deleted the Region's Conditions and replaced them with new amended conditions
of approval of draft plan of subdivision 18T-89044 ("Amended Conditions");
E. Among other things, the Amended Conditions required the Owner to have the final plan
prepared on the basis of approved draft plan of subdivision 18T-89044 showing 70 dwelling units
consisting of 21 lots for single-detached dwellings, 14 lots for semi-detached dwellings (28 dwelling
units), 3 blocks for street townhouses (21 dwelling units) and various road widenings and reserves
subject to the revisions as contained in the Amended Conditions;
F. The Appellant appealed ("Appeal") to the Ontario Municipal Board ("Board") pursuant to
subsections 51 (43) and 51 (48) of the Planning Act to delete the reference "3 blocks for street
townhouses (21 units)" within the Amended Conditions to the approval of draft plan of subdivision 18T-
89044;
G, The Board has appointed September 18 and 19, 2007 for the hearing of the Appeal;
H, In order to avoid contesting their differences at a hearing before the Board, the Appellant and
the Municipality wish to resolve their differences on the basis set out below,
NOW THEREFORE in consideration of the mutual covenants contained herein and the payment
by each party to the other of the sum of $2,00, the receipt whereof is hereby acknowledged by each of
them, Headgate Developments Inc, and the Municipality of Clarington covenant and agree as follows:
1, The appropriate resolution by the Board of the Appeal would be for the Board to grant the
Appellant's and the Municipality's request that the Board amend the Amended Conditions of
approval of draft plan of subdivision 18T-899044:
(a) to increase the total number of dwelling units from 70 to 74; and
(b) to increase the number of blocks for street townhouses from 3 to 4 and the number of
street townhouse units from 21 to 25,
2, The Appellant and the Municipality will tender these Minutes to the Board, will present them in
positive terms, and will actively cooperate to promote acceptance by the Board of them,
3, The Appellant and the Municipality will not call any evidence nor advance any argument
inconsistent with the letter and spirit of these Minutes,
4, The Municipality will call such evidence and advance such arguments as are required to support
these Minutes, The Municipality will also oppose any evidence and argument presented by any
other person to the Board which are inconsistent with the letter or spirit of these Minutes,
5, Neither the Appellant nor the Municipality will request the Board to make any order for the
payment of costs by either of them to the other of them,
DATED at Bowmanville, Ontario, this 10th day of September, 2007,
THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
DATED at Toronto, Ontario, this
day of September, 2007,
Mark Flowers, Counsel for
Headgate Developments Inc,
Attachment 3
To Report PSD-10~07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
being a By-law to authorize entering inlo of Minutes of Settlement
between Headgate Developments Inc. and the Corporation of the
Municipality of Clarington to resolve an appeal to the Ontario
Municipal Board regarding amended conditions of approval of draft
Plan of Subdivision 18T-89044
WHEREAS, Council by its approval of the recommendations contained in Report PSD-102-07
approved Minutes of Settlement of an appeal by Headgate Developments Inc. to the Ontario
Municipal Board from the Amended Conditions to Approved Draft Plan of Subdivision 18T-
89044 approved by Council's adoption of Resolution GPA-369-06 at its meeting on October
16, 2006 and authorized the execution of Minutes of Settlement with Headgate Developments
Inc. to resolve the appeal;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as
follows:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of The
Corporation of the Municipality of Clarington Minutes of Settlement with Headgate
Developments Inc. substantially in the form of the draft Minutes of Settlement contained
in Attachment 2 to Report PSD-102-07.
BY-LAW read a first time this
day of
2007
BY-LAW read a second time this
day of
2007
BY-LAW read a third time and finally passed this
day of
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal ClerK