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
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Ontario
Ontario Municipal Board
Commission des affaires municipales de l'Ontario
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Attachment 1
To Report PSD-119-07
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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