HomeMy WebLinkAboutPSD-009-10~~ win REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADfM~INISTRATION COMMITTEE
Date: Monday, January 4, 2010 KzSo `~-, pJ ~P~' ~ Q 13 - r C)
Report #: PSD-009-10 File #: S-C-2001-002 By-law #:
Subject: REQUEST FOR EXTENSION OF DRAFT APPROVAL
1613 HIGHWAY 2 AND KENNEDY DRIVE, COURTICE
APPLICANT: FIRST-TECH MECHANICAL SYSTEMS INC.,
MARIA WULCZYN AND PERCY NAPPER
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-009-10 be received;
2. THAT the request to extend the lapsing date for the draft approved Plan of
Subdivision until October 4, 2012 be DENIED;
3. THAT an extension to the lapsing date until October 4, 2011 for the draft approved Plan
of Subdivision be APPROVED and that the Director of Planning Services be
AUTHORIZED to amend the Conditions of Draft Approval;
4. THAT the by-law authorizing the entering into a Subdivision Agreement between the
Owner of the lands and the Municipality of Clarington be APPROVED as contained in
Attachment 2; and
5. THAT all interested parties listed in this .report and any delegations be advised of
Council's decision.
REPORT NO.: PSD-009-70
PAGE 2
Submitted by: ~ `~ '
avid J. Crome, MCIP, RPP
Director, Planning Services
ATS/CP/df
16 December 2009
Reviewed by: ~f~~ ' `" -~-
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-009-10
PAGE 3
1.0 APPLICATION DETAILS
1.1 Applicant:
1.2 Agent:
1.3 Proposal:
1.4 Area:
1.5 Location:
2.0 BACKGROUND
First-Tech Mechanical Systems Inc., Maria Wulczyn, and Percy
Napper
Weston Consulting Group Inc.
To extend the lapsing date for the draft approved Plan of
Subdivision until October 4, 2012 fora 12 unit project
0.39 hectares (0.98 acres)
1613 Highway 2
2.1 On October 4, 2007, following a settlement, the Ontario Municipal Board issued its
decision to allow for the development of three (3) single detached dwellings along
Kennedy Drive and a block for nine townhouses to be accessed by Highway 2 and a
common rear lane (Attachment 1). The appellants, the Municipality of Clarington and
the Region of Durham were parties to the settlement. The plan of subdivision received
draft approval, and the proposed zoning by-law amendment was also approved.
2.2 A standard notice provision in the draft plan conditions specifies that if final approval is
not given to the plan within three years of the draft approval date, being October 4, 2007
(the date that the OMB issued their decision), draft approval shall lapse and the file shall
be closed. However, reasonable extensions may be granted by Council. These
provisions are also authorized under Section 51(32) and 51(33) of the Planning Act
where approval authorities may provide that the approval lapses after a period of not
less than three (3) years..
2.3 Since Draft Approval in late 2007, the applicants and their agents have commenced
clearing conditions of draft approval. However at this time the applicants have formally
requested to extend the draft plan of subdivision approval period for an additional 24
months, until October 4, 2012, to facilitate the efficient clearance of the conditions and
the final approval of the subdivision.
2.4 The lands are currently up for sale.
3.0 STAFF COMMENTS
3.1 The proposed development applications, as approved by the OMB, were found to be
consistent with the Provincial Policy Statement 2005 and in conformity with the Official
Plan.
REPORT NO.: PSD-009-10 PAGE 4
3.2 The purpose of this report is to consider whether the conditions of draft approval should
lapse on October 4, 2010 as scheduled or be reasonably extended.
3.3 The applicant's proposal to extend the draft approval period an additional 24 months,
until October 4, 2012, is considered to be unwarranted at this time and Staff provides
the following rationale:
The existing draft approval is not scheduled to lapse until October 4, 2010; much
of the work required to clear conditions could be completed over the next 9
months;
Planning policies at the regional and local level are in a state of change and will
continue to be over the next several months (ie. Growing Durham, Clarington
Official Plan update). These initiatives require higher levels of intensification to
meet provincial targets especially along Highway 2 which is a major regional
corridor; and,
The standard time frame for draft approval in the Municipality of Clarington is
three years. Extensions to draft plan approval are not often considered, therefore
suggesting the three-year time frame is adequate.
3.4 There is nothing in the Planning Act or the Municipality of Clarington Official Plan to
discourage granting extensions to Draft Plan approval. Given the lands are for sale and
there has been limited progress to date on the proposed development, an extension for
an additional one (1) year can be supported. Staff are cognizant that it may take some
time for a future owner to purchase the lands and fulfil the conditions, however, it should
not be longer than this recognizing the new policy imperatives.
4.0 RECOMMENDATION
4.1 In consideration of the comments noted above, Staff does not recommend approval of
an extension until October 4, 2012, however can support the extension until October 4,
2011. Furthermore, Staff recommends the passing of a by-law authorizing the execution
of a Subdivision agreement as described by the attached by-law (Attachment 2).
Staff Contact: Anne Taylor Scott
Attachments:
Attachment 1 -Key Map
Attachment 2 - By-law Authorizing Subdivision Agreement
List of interested parties to be advises
Kurt Franklin, Weston Consulting Inc.
Gerard Borean, Parente, Borean LLP
Tom Robinson
Gordon Lund
I of Council's decision:
First-Tech Mechanical Systems Inc. and
Maria Wulcryn
Percy Napper
Bill Clark
Marnie Scott
Attachment 1
To Report PSD-009-10
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Attachment 2
To Report PSD-009-10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
being a by-law to authorize entering into an Agreement with the Owners} of Plan of
Subdivision S-C-2001-002, any Mortgagee who has an interest in the said Lands and
the Municipality of Clarington in respect of S-C-2001-002
WHEREAS the Owner(s) of Plan of Subdivision S-C-2001-002 is developing the lands south of
Highway 2 and north of Kennedy Drive which requires a Subdivision Agreement;
NOW THEREFORE BE IT RESOLVED THAT, 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 and seal with the Corporation's seal, an Agreement
between the Owner of Draft Plan of Subdivision 18T-95001.
2. That the Mayor and the Clerk are hereby authorized to accept, on behalf of the
Municipality of Clarington, the said conveyance of lands required pursuant to the
aforesaid Agreement.
BY-LAW read a first time this day of 2010
BY-LAW read a second time this day of 2010
BY-LAW read a third time and finally passed this day of 2010
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk