HomeMy WebLinkAboutPSD-062-10Clar.~ngton
ceoatng the way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 17, 2010 Resolution #: C, (~~}- ~(Xj- (0 By-law #: o'I6/U-D (0 3
Report #: PSD-062-10 File #: S-C-2005-001
Subject: REQUEST FOR EXTENSION OF DRAFT APPROVAL
APPLICANT: SABINA INVESTMENTS INC. AND ANKARA REALTY LIMITED
(THE REMMINGTON GROUP)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-062-10 be received;
2. THAT the request to extend the lapsing date for draft approved Plan of Subdivision S-C-
2005-001 until June 1, 2013 be approved;
3. THAT the By-law, as per Attachment 3 in Report PSD-062-10, authorizing the entering
into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2005-
001 and the Municipality of Clarington be approved and forwarded to Council for
approval;
4. THAT a copy of Report PSD-062-10 and Council's decision be forwarded to the Region of
Durham Planning Department and Municipal Property Assessment Corporation (MPAC);
and
5. THAT all interested parties listed in Report PSD-062-10 and any delegations be
advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-062-10
Submitted by:
,~
MCIP
Services
PAGE 2
Reviewed by:~ Vii'"- v`?" ~~ ~"
Franklin Wu
Chief Administrative Officer
MH/CP/df
3 May 2010
REPORT NO.: PSD-062-10
PAGE 3
1.0 APPLICATION DETAILS.
1.1 Applicant/Owner: Sabina Investments Inc. and Ankara Realty Limited (The
Remmington Group)
1.2 Proposal: To extend the lapsing date for draft approved Plan of Subdivision
S-C-2005-001 until June 1, 2013 fora 96 unit project
1.3 Area: 3.25 ha
1.4 Location: 2 Church Street, Bowmanville, Part lot 10, Concession 1, former
Town of Bowmanville (Attachment 1j
2.0 BACKGROUND
2.1 On June 1, 2007 an application for proposed Draft Plan of Subdivision S-C-2005-001 was
issued draft approval. The draft approved plan includes one (1) single detached unit, 15
on-street townhouse units, a medium density block for 80 townhouse units, and a 0.05 ha
parkette (see Attachment 2). The location of the parkette was chosen in order to presence
an approximately 150 year old Copper Beach Tree. The plan also provides an alignment
for the Church Street extension to connect with Galbraith Court and a Simpson Avenue
extension north of King Street East.
2.2 A standard provision within the conditions of draft approval, issued June 1, 2007,
indicates that if final approval of the plan is not given within three years of the draft
approval date, draft approval will lapse and the file shall be closed. However, reasonable
extensions to draft approval may be granted by the approval authority. These provisions
are authorized under Sections 51(32) and 51(33) of the Planning Act, where approval
authorities may provide a timeframe where an approved Draft Plan of Subdivision lapses
after a period of no less than three (3) years. The approval authority may extend the
approval for a time period specified by the approval authority and may further extend it;
but no extension is permissible if the approval lapses before the extension is given. The
approval for Draft Plan of Subdivision S-C-2005-001 will lapse on June 1, 2010 if an
extension is not granted.
2.3 The applicant/owners of Draft Plan of Subdivision S-C-2005-001 have indicated to Staff
that they have full intentions to move forvvard with fulfilling the conditions of draft approval
and registration of the plan, however in the past few years the market conditions forced
them to hold back on the project. The applicant/owners are requesting an additional three
(3) year extension of draft approval.
3.0 STAFF COMMENTS
3.1 The purpose of this report is to consider whether the conditions of draft approval for
S-C-2005-001 should lapse on June 1, 2010 as scheduled, or should be reasonably
extended.
REPORT NO.: PSD-062-10
PAGE 4
3.2 The applicant's proposal to extend the draft approval period an additional three (3) years,
until June 1, 2013, is considered to be warranted at this time, and Staff provides the
following rationale:
The subject development is considered an intensification development within the
built-up boundary of Bowmanville according to the Provincial Growth Plan, and
therefore continues to be consistent with the current Regional and Provincial Policy
with regards to managing growth;
Recent verbal discussions with the Region suggest that there is possible sanitary
sewer capacity constraints for new development in Bowmanville. This presents a
timing issue for the applicant as they currently do not have a servicing agreement in
place with the Region; and
There is nothing in the Planning Actor Clarington Official Plan to discourage
extensions of draft approval for a Plan of Subdivision.
3.3 The planning policies relating to growth management, at the regional and local level, are
in a state of change and will continue to be for some time in order to conform with the
Provincial Growth Plan. However, Staff are confident that the Draft Approved Plan of
Subdivision is consistent with Provincial Policy as the subject application constitutes an
intensification form of development within the built-up boundary of Bowmanville. Staff are
also cognizant that it may take some time for the applicant to fulfill the conditions due to
the recent market conditions and the possible lack of available servicing in Bowmanville.
3.4 Taxes for the subject property are paid in full.
4.0 CONCLUSION
4.1 In consideration of the comments noted above, Staff recommends approval of an
extension of draft approval until June 1, 2013. Furthermore, Staff recommends the
passing of a by-law (Attachment 3) authorizing the execution of a subdivision agreement.
Staff Contact: Meaghan Harrington
Attachments:
Attachment 1 - Property Location Map
Attachment 2 - Draft Approved Plan of Subdivision
Attachment 3 - By-law Authorizing Subdivision Agreement
REPORT NO.: PSD-062-10
List of interested parties to be advised of Council's decision:
Sabina Investments Inc. and Ankara Realty Limited
Sernas Associates
Kim Macdonald
Sheila Roman
Kim Broome
Dillon Sawyer
Glenn Martin
Donna Collins
Margaret Pugsley
Rob Perkin
Dorothy and George Brooks
PAGE 5
Attachment1
To Report PSD-062-10
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
Attachment 3
To Report PSD-062-10
being a By-law to authorize entering into an Agreement with the Owner(s) of Plan
of Subdivision S-C-2005-001 and any Mortgagee whom has an interest in the
said lands, and the Corporation of the Municipality of Clarington in respect of
S-C-2005-001
WHEREAS the Council of the Corporation of the Municipality of Clarington on June 1, 2007
approved Draft Plan of Subdivision 5-C-2005-001, located in Part Lot 10, Concession 1,
former Town of Bowmanville;
AND WHEREAS the Owner(s) of Draft Plan of Subdivision S-C-2005-001 are now ready to
proceed to finalizing the Subdivision Agreement; and
NOW THEREFORE BE IT RESOLVED THAT, the Council. of the Corporation of the
Municipality of Clarington enacts as follows:
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(s) of the Plan of Subdivision S-C-20D5-001.
2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the
Municipality, the said conveyances 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