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HomeMy WebLinkAboutPSD-119-07 Cl~mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE 41- Monday, October 22,2007 Keso/vd-i6n t!, f 11-61/:;.07 Date: Report #: PSD-119-07 File #: 18T-89044 By-law #: Subject: ONTARIO MUNICIPAL BOARD DECISION ON MINUTES OF SETTLEMENT FOR AMENDED CONDITIONS OF DRAFT APPROVAL FOR DRAFT PLAN OF SUBDIVISION APPLICANT: HEADGATE DEVELOPMENTS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-119-07 be received for information. ""'""-' bY~ . .P., R.P.P. Franklin Wu, ervices f Chief Administrative Officer CSfCPfDJCfdf 16 October 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-119-07 PAGE 2 1.0 BACKGROUND 1.1 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. 1.2 In October 2006, Council approved an amendment to the Conditions of Draft Approval, which addressed new road design standards, financial contributions, 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. The amendment did not change the number of units that were originally draft approved or the number of lots, blocks or street pattern shown on the draft plan. Headgate Developments Inc. appealed the amendment to Draft Approval. The appeal was specific to the number of units and the number of blocks in which they would be located in the draft plan. 1.3 On September 10, 2007, Council approved Minutes of Settlement containing the amended conditions of draft plan approval by modifying the wording under the heading "Plan Identification" as follows: i) increasing the total number of dwelling units to 74; ii) increasing the number of blocks for townhouses to 4, and iii) increasing the total number of townhouse units to 25. Council authorized Staff to appear at the Ontario Municipal Board to present the Minutes of Settlement. 1.4 On September 18, 2007, Staff presented the Minutes of Settlement to the Ontario Municipal Board via Telephone Conference and indicated that the development represented good planning. On September 28, 2007, the Ontario Municipal Board provided the memorandum of the decision. A copy of the Decision is attached hereto, as Attachment 1. 2.0 STAFF COMMENTS 2.1 By issuing its order, the Ontario Municipal has granted the amended Conditions of Draft Approval for the Subdivision as agreed to by both parties. The applicant must now fulfil the amended conditions of draft plan approval and enter into a Subdivision Agreement with the Municipality of Clarington in order that development may commence. Attachment: Attachment 1 - Copy of OMB Decision 2608 ...... PUll' Ontario Ontario Municipal Board Commission des affaires municipales de l'Ontario m1CJi(' , ,~ '\, \. !\.>~ -~'--j,~_:~ j) ~" i...n..t1 - Attachment 1 To Report PSD-119-07 c"';~, , 00'7 I " i, LLe, , ISSUE DATE: Sept. 28, 2007 DECISION/ORDER NO: Pi1Ui..]'!c:?r_'__! 'i': IN THE MATTER OF Subsection 51(43) of the Planning Act, R.S.O. 1990, c. P. 13, as amended Appellant: Subject: Headgate Developments Inc. Conditions of approval of draft plan of subdivision having referenced 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 S06OO98 Property Address/Description: Municipality: Municipal File No.: OMS Case No.: OMS File No.: APPEARANCES: Parties Counsel Headgate Developments Inc. M. Flowers Municipality of Clarington D. Hefferon DECISION OF THE BOARD DELIVERED BY E. PENDERGRAST AND ORDER OF THE BOARD This was a settlement hearing by Telephone Conference Call (TCe) , held on September 18, 2007, respecting an appeal by Headgate Developments Inc. of conditions of draft approval of Plan of Subdivision 18T-89044 for 9.83 acres of land located east of Scugog Street and south of Concession Road 3 in Clarington. Plan 18T- 89044 was draft approved by the Region of Durham in 1990, subject to conditions, and, as approved, included 70 units, comprised of 21 single detached units, 28 semi- detached units, and 21 street townhouse units in three blocks. At the time of draft approval, the property was owned by 8077877 Ontario Ltd., but was subsequently purchased by Headgate. - 2 - PL061138 Since 1990, the Municipality of Clarington has been the approval authority, and a number of new conditions of draft approval have been added to Clarington's standard conditions. As a result, in October 2006, Clarington deleted the previous conditions of approval and replaced them with updated ones, while leaving the number and layout of units the same. The amendments to the 1990 conditions of draft approval are set out under Tab 6 of Exhibit 1, which was forwarded to the Board prior to the TCe. Headgate appealed this decision, on the grounds that the property could appropriately and efficiently accommodate 25 rather than 21 street townhouses, in four rather than three blocks. Clarington Council has now approved a settlement that would accommodate the increased number of townhouse units and related blocks. Specifically, the proposed settlement, as set out under Tab 13 of Exhibit 1, would amend the 2006 conditions of draft plan approval as follows: The paragraph entitled "Plan Identification" is proposed to be replaced with the following: PLAN IDENTIFICATION The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T'89044 prepared by Templeton Lepek Limited identified as job number 402 revised and dated October 6, 1989, showing 74 dwelling units consisting of 21 lots for single detached dwellings, 14 lots for semi-detached dwellings (28 units), 4 blocks for street townhouses (25 units) and various road widenings and reserves subject to the revisions as contained in the revised conditions of draft approval. The Board heard planning evidence in support of the settlement from Cynthia Strike, a planner on staff with the Municipality, and Paul Lowes, a Registered Professional Planner and private planning consultant. The Board qualified both planners to give opinion evidence in land use planning, and accepts their evidence that the changes involved are minor in nature, that the settlement is consistent with the R3 zoning on the site and with existing planning policies, including the now applicable 2005 Provincial Policy Statement, and that it represents good planning for the site. Based on this evidence, the Board will allow the appeal in part in the context of the settlement achieved, and amend the conditions of approval in accordance with the proposed amendment set out under Tab 13 of Exhibit 1 and cited above. - 3 - PL061138 The Board congratulates the parties for resolving this matter in a mutually satisfactory manner. Order The Board Orders that the appeal is allowed in part, and that the conditions of draft approval of Plan of Subdivision 18T-89044, amended as set out under Tab 6 of Exhibit 1, are further amended as set out under Tab 13 of Exhibit 1. "E. Pendergrast" E. PENDERGRAST MEMBER