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HomeMy WebLinkAboutPSD-035-11C1ari~~gton Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: -April 18, 2011 Resolution #: (oPA-3l y-~I By-law #: N~A' Report #: PSD-035-11 File #: S-C-2005-0005 Subject: REQUEST FOR EXTENSION OF DRAFT APPROVAL PART LOT 13, CONCESSION 1, FORMER TOWN OF BOWMANVILLE APPLICANT: MUNICIPALITY OF CLARINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-035-11 be received; 2. THAT the request to extend the lapsing date for draft approved Plan of Subdivision S-C- 2005-0005 until May 2016 be approved; 3. THAT a copy of Report PSD-035-11 and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and 4. THAT all interested parties listed in Report PSD-035-11 and any delegations be advised of Council's decision. Reviewed b ~ ~ -' w ~' Submitted by: Y~ D vi . Crome, MCIP, RPP Franklin Wu Dire or, Planning Services Chief Administrative Officer MH/CP/df 8 April 2011 OF THE MUNICIPALITY OF CLARINGTON REPORT NO.: PSD-035-11 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Municipality of Clarington 1.2 Proposal: To extend the lapsing date for draft approved Plan of Subdivision S-C-2005-0005 until May 2016 fora 19 single detached unit project. 1.3 Area: 1.34 ha 1.4 Location: The subject lands are located on the northwest corner of Baseline Road and Spry Avenue. The lands are municipally known as 200 Baseline Road, located in Part Lot 13, Concession 1, of the former Town of Bowmanville (see Attachment 1). 2.0 BACKGROUND 2.1 On May 12, 2008, an application for proposed Draft Plan of Subdivision S-C-2005-0005 was issued draft approval. The draft approved plan includes 19 lots for single detached dwellings. The plan also provides an alignment for the extension of John Scott Avenue to Spry Avenue, and a new cul-de-sac labeled as Street `A'. 2.2 A standard provision within the conditions of draft approval 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 that the approval of a 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-2005-0005 will lapse on May 12, 2011 if an extension is not granted. 3.0 STAFF COMMENTS 3.1 The purpose of this report is to consider whether the conditions of draft approval for S-C-2005-0005 should lapse on May 12, 2011 as scheduled, or should be reasonably extended. 3.2 Development of the site requires substantial fill to ensure that portions of the proposed development are not within the flood plain of the Bowmanville Creek. Preliminary engineering for the development suggested that the fill removed through the creation of ponds on the east side of Spry Ave, north of Baseline Road in keeping with the plans for Valleys 2000 could be used to accommodate the proposed residential development. REPORT NO.: PSD-035-11 PAGE 3 3.3 The lands are now considered intensification development within the built-up boundary of Bowmanville according to the Provincial Growth Plan. The Growth Plan was not in place when the lands were originally draft approved. 3.4 A servicing agreement with the Region of Durham is not in place for the subject lands. Current servicing restrictions on the Port Darlington Water Pollution Control Plant means that the subject lands cannot proceed in the immediate future as a result of a lack of sanitary service capacity. Although construction of the plant expansion is expected to commence as early as next January, additional sewage capacity is not expected to be available until at least sometime in 2014. 3.5 The Regional Planning Department advised that the comments in their letter dated January 4, 2006 remain applicable. Provincial interest would not appear to be affected by the proposed draft approval extension. The Region has no objection to the extension of draft approval provided their previous conditions of draft approval are still applicable. 3.6 Central Lake Ontario Conservation Authority staff advised they have no objection to the extension of draft approval and request that all their previous conditions of draft approval remain applicable. 3.7 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 development within the built-up boundary of Bowmanville. Staff are also cognizant that it may take some time to fulfill the conditions due to the recent market conditions and the sanitary servicing constraint in Bowmanville. There is nothing in the Planning Act or Clarington Official Plan to discourage extensions of draft approval for a Plan of Subdivision. 4.0 CONCLUSION 4.1 In consideration of the comments noted above, Staff recommends approval of an extension of draft approval until May 2016. Staff Contact: Meaghan Harrington Attachment: Attachment 1 - Draft Approved Plan of Subdivision List of interested parties to be advised of Council's decision: Frank Wu Ray Abraham Cathy Reid Cindy Smith Attachment 1 To Report PSD-035-11 J ~, a~ ~ ,~ z J ~~ a g ~ 9 e > p5 Y ~• e :§3as C- -~L~ E 4~~a .a f A s ~~ 2 e i „ i ° B t 'E c ~ Z g~ ~ ,~; A ~za • i Q y ; d' a J ¢~. .F 1 ~ tYt 2Y2 a,~i~V3 7tt.1 ~ ~99