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Planning Services
Report
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Report To: Planning and Development Committee
Date of Meeting: April 1, 2019
Report Number: PSD -020-19 Resolution: PD -051-19
File Number: 18T-89007 By-law Number:
Report Subject: Extension to Draft Approval for 19 Estate Residential Lots
Recommendations:
That Report PSD -020-19 be received;
2. That the extension to Draft Approval for 18T-89007 be supported subject to the
Conditions as contained in Attachment 1 to PSD -020-19;
3. That the Durham Regional Planning and Economic Development Department,
Municipality of Port Hope and Municipal Property Assessment Corporation be
forwarded a copy of Report PSD -020-19 and Council's decision; and
4. That all interested parties listed in Report PSD -020-19 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PSD -020-19
Page 2
Report Overview
The report recommends an extension to draft approval for an Estate Residential Plan of
subdivision in the eastern portion Clarington for a period of nine months to December 1, 2019.
1. Application Details
1.1 Owner OHM Newtonville Inc.
1.2 Applicant: Carmine Scalzi, Scalzi Professional Corporation
1.3 Proposal: 19 lot estate residential subdivision
1.4 Area: 32 hectares
1.5 Location: Part Lot 1, Concession 2, former Township of Clarke
(see Figure 1)
1.7 Within Built Boundary: No
2. Background
2.1 In February, 2019 staff received a request for an extension to draft approval for the above
noted draft approved plan. There have been several extension to this draft plan in
previous years. The owners have made some advancements to final approval and
registration, however still cannot meet the April 1, 2019, expiry date.
2.2 By way background, in 1992 the Region of Durham, the approval authority at the time,
issued Draft Approval. The Region did not include expiry dates on Conditions of Draft
Approval. In 1995, the Region delegated subdivision approval to local municipalities. In
2011, an amendment to draft approval was issued by only adding a three year expiry
date. The expiry dates are imposed to ensure the conditions meet current policies and
guidelines. In 2014, a further extension was granted to April 2016, then to October 2018,
and to April 1, 2019.
Municipality of Clarington
Report PSD -020-19
Page 3
Figure 1: Subject Property
2.3 The subject property is identified as Protected Countryside in the Province's Greenbelt
Plan of 2005. The approvals for this development were granted prior to the Greenbelt
Plan and Provincial Policy Statement coming into effect in 2005 and as such development
could proceed provided the Conditions of Draft Approval can be satisfied.
2.4 Through the approval of the 2016 Clarington Official Plan, the site was re -designated. A
significant portion is designated Environmental Protection and the balance as Estate
Residential. Should the conditions lapse, a new draft plan of subdivision could be
submitted, but would be reviewed under the current policy regime. The current policies
would require buffers to the Natural Features and these areas will not make up part of the
lot. The number of lots would be significantly reduced from the 19 lots under the current
planning policy.
Municipality of Clarington
Report PSD -020-19 Page 4
3. Discussion
3.1 OHM Newtonville Inc. acquired the lands in 2016. The new owners have since advanced
the project by fulfilling various Conditions of Draft Approval. A Design Brief has been
prepared and the exterior architectural elevations have been approved on a preliminary
basis by the Municipality's control architect. The latest engineering submission has been
received and is currently under review by Engineering staff, the Conservation Authority
and the Ministry of Transportation. This represents considerable financial commitment by
the new owners.
3.2 The applicants updated the Hydro -geological report in 2015. The Region of Durham
required an independent peer review of the report. The Region is now requesting an
additional condition be added to the conditions of draft approval, regarding test pumping
of drilled wells prior to the issuance of a building permit. Now that the engineering review
is substantially complete, additional conditions have been added regarding
environmentally sensitive lands and easements.
3.3 In consideration of the effort and money spent to date, it is recommended that a nine
month extension be granted. The new owners have expressed confidence in meeting this
time frame and are motivated to fulfil the Conditions of Draft Approval. Should the
conditions lapse, the file will be closed and the owner would be required to resubmit a
new application for draft plan approval.
4. Conclusion
4.1 The Owners are working to fulfil conditions of draft approval and register the plan. If an
extension is not granted the conditions will lapse and the draft approved plan will expire.
It is respectfully recommended that the extension of draft approval for nine months, being
December 1, 2019 be approved.
geo"A—�
Submitted by. Reviewed
Michael Seaman, MCIP, RPP
Director of Planning Services
by:
for Andrew C. Allison, B. Comm, LL.B
CAO
Staff Contact: Cynthia Strike Principal Planner, 905-623-3379 ext. 2410
or cstrike .clarington.net
Attachments:
Attachment 1 – 2019 Amendment Conditions of Draft Approval
Municipality of Clarington
Report PSD -020-19
The following is a list of the interested parties to be notified of Council's decision:
Carmine Scalzi, Scalzi Professional Corporation
Micah Clarke, OHM Newtonville Inc.
Theodhora Merepeza, Municipality of Port Hope
Clerk, Municipality of Port Hope
Robbie Laroque, D.G Biddle
Ministry of Transportation
Ganaraska Region Conservation Authority
CS/MS/nl
Page 5
Attachment 1 to
Report PSD -020-19
Amendment to Conditions of Draft Approval
File Number: 18T - 89007
Notice of Decision:
Draft Approved:
Michael Seaman, MCIP, RPP
Director of Planning Services
The Conditions of Draft Approval for 18T 89007 as issued on July 21, 1992, amended
on October 26, 2011, October 24 2014, June 14, 2016, November 24 2017, September
28, 2018 are hereby further amended as follows:
1. Existing Condition 18 is amended by adding a new condition as follows:
18. (10) The Owner shall provide written confirmation from a qualified
Hydrogeologist, that each well was pump tested for a minimum of
four hours to confirm the adequacy of supply for a single family
residence and will verify that interference between wells will not be
impacted. Written confirmation shall be provided to the Director of
Planning Services prior to submission of a building permit for each
lot."
2. A new Condition 21 is inserted as follows:
"21. The Owner shall provide to the municipality, a letter signed by each
purchaser that they acknowledge that a portion of the subject lot contains
natural heritage feature that are considered environmentally sensitive.
The homeowner acknowledges and agrees that no alterations to
watercourses, wetlands, woodlots or treed areas are permitted. No
buildings, structures or site alternation including the placement or removal
of fill or debris or tree cutting is permitted."
3. All remaining conditions are renumbered.
4. Condition 25.c) is amended by adding the following new conditions as follows:
"25. c) (4) The Owner shall include the following notice in the agreements of
purchase and sale for All Lots;
Environmentally Protected Lands — The Purchaser is advised that the lot
contains natural heritage features that are considered environmentally sensitive.
No alterations to watercourses or wetlands are permitted. No buildings,
structures or site alternation including the placement or removal of fill or debris,
or tree cutting is permitted.
"(5) The Owner shall include the following notice in the agreement of purchase
and sale for Lots 4 and 11:
Easement — The Purchaser is advised that there is an easement over these
lands in favour of the Municipality of Clarington for the maintenance of the culvert
and appurtenances under Snowden Court.
(6) The Owner shall include the following notice in the agreement of purchase
and sale for Lots 12 and 13:
Overland Flow Route and Chain Link Fencing — There is a block
between these lots required for overland surface drainage. These
lands are owned by the Municipality. Chain link fencing is required
between these lots and the overland flow route. This fencing is be
located on the public portion of the abutting land and will be
maintained by the Municipality after the developer has been released
from any further responsibility for the fence. No gates from private
lots to municipally owned lands will be permitted. "
5. Notes to Draft Approval is hereby amended as follows:
"1 . If final approval is not given to this plan by December 1, 2019 the
conditions will lapse and the file shall be CLOSED."
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