HomeMy WebLinkAboutPSD-048-11~~ w-~~ REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 30, 2011 Resolution #: ~!A/3-3 PG-/I Bylaw #: ~O//-OGO
Report #: PSD-048-11
File #: 5-C-2007-0001
Subject: REQUEST FOR EXTENSION OF DRAFT APPROVAL
WEST SIDE OF RUDELL ROAD, .NEWCASTLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-048-11 be received;
2. THAT the extension for the draft approved Plan of Subdivision until August 19, 2014 be
approved;
3. THAT the by-law authorizing entering into a Subdivision Agreement between the Owner
of the lands and the Municipality of Clarington be approved as contained in Attachment
3 of Report PSD-048-11;
4. THAT a copy of Report PSD-048-11 and Council's decision be forwarded to the Region
of Durham Planning Department and the Municipal Property Assessment Corporation
(MPAC); and
5. THAT all interested parties listed in Report PSD-048-11 and any delegations be advised
of Council's decision.
~~
Submitted by: Reviewed by:
Davi rome; MCIP, RPP Franklin Wu
Director, Planning Services Chief Administrative Officer
BR/CP/df
6 May 2011
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T (90523-3379 F (905)623-0830
REPORT NO.: PSD-048-11 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Patricia J. Stephenson
9.2 Proposal: To extend the lapsing date for the draft approved Plan of
Subdivision until August 2014
1.3 Area: 1.84 hectares (4.55 acres)
1.4 Location: The lands front on the west side of Rudetl Road between Given
Road and Highway 35/115 in Newcastle Village (see Attachment 1)
2.0 BACKGROUND
2.1 On August 19, 2008 Proposed Draft Plan of Subdivision S-C-2007-0001 was issued
draft approval. The draft approved plan includes 28 single detached units/lots and two
blocks for future development (see Attachment 2).
2.2 A standard provision within the conditions of draft approval states that if final approval of
the subdivision 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 as per Sections 51 (32) and (33) of
the Planning Act. Where approval authorities 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-
2007-0001 will lapse on August 19, 2011 if an extension is not granted.
2.3 On February 28, 2011, a request and fee were received for extension of draft approval
for a further six (8) years. The Owner has advised that the draft plan has not proceeded
to final approval and registration as she has been seeking a land developer/purchaser
to purchase the property and proceed with the final engineering approvals. She noted
the property has not sold due to the slow economic climate for home sales in the area
which has affected the progress of the extension of municipal services to the site
through the abutting development areas. The extended time period is requested as it is
the owner's impression that Subdivision S-C-2007-0001 will not proceed to development
until a sign cant portion of the development across the road gets built.
3.0 STAFF COMMENTS
3.1 The purpose of this report is to consider whether the conditions of draft approval should
lapse on August 19, 2011 as scheduled or be reasonably extended.
REPORT NO.: PSD-048-11
PAGE 3
3.2 The applicant has requested extension to the draft approval for a period of an additional
six (6) years, until August 2017. Conditions of draft approval are typically approved with
a three (3) year timeframe as permitted in the Planning Act, however, other than the
economic climate the applicant has not provided a rationale for the longer timeframe
requested.
3.3 Subdivision S-C-2007-0001 is part of the Foster Northeast Neighbourhood and is
across Rudell Road from draft approved subdivision application 18T-89059 which is
being developed by Lindvest/H&R. Lindvest will register Phase I shortly which includes
portions of the lands fronting on Rudell Road.
3.4 In consideration of the progress being made on the adjacent lands, including servicing
and construction of model homes, development of the subject plan of subdivision would
not appear to have obvious reasons for delay. Although staff can support an extension
to draft approval, six years is double the typical timeframe allotted. Staff recommends
an extension of three (3) years. This will allow Council to review the application again
against the policies of the day, following the completion of the Official Plan review,
should the development not proceed to final approval and registration in that timeframe.
3.5 Taxes for the subject property are paid in full
3.6 A by-law authorizing the execution of an agreement for the subject lands was not
adopted when Council first considered supporting draft approval. In order to avoid a
separate memo and by-law in the future when the owner wishes to pursue an
agreement, staff recommends the passing of a by-law authorizing the execution of an
agreement as described by the attached by-law (Attachment 3), facilitating final
approval of the plan of subdivision.
4.0 RECOMMENDATION
4.1 Inconsideration of the comments noted above; it is recommended that draft approval be
extended for a period of three (3) years, ending August 19, 2014. Furthermore, staff
recommends the passing of a by-law authorizing the execution of a subdivision
agreement as described by the attached By-law (Attachment 3).
Staff Contact: Bob Russell
Attachments:..
Attachment 1 -Key Map
Attachment 2 -Draft Approved Plan of Subdivision
Attachment 3 - By-law Authorizing Subdivision Agreement
List of interested parties to be advised of Council's decision:
Glenn Genge
Gary & Mary Kettle
Patricia Stephenson
Attachment 1
To Report PSD-048-11
mss ...
c
m
m
~ H
W E
~
O
~
~ W
d
o ~ ° ~
O
0
~
0
~ a
M
f 5 i Q
O 1~ 19 A
O ~ ~ O ~ Ct
g N ~ N ~
x ~ V i a
Q N n
m m ~
~
°~ N z _~
10 ~
3
a ~ a O
~ N ~
O
gg
-+- 4
@@
_
_
~ orax nmrw
I
_ .ry,a xoeaa a
I
~ I
r -
e- yr
i o
A ~ a a anmu arawrB
•_-= -
I
f
p n a uo / / i~Fb AB
ue wwom _
- ~- araa nwm - - -
- _
_
.n ..~. ni ~
K Ka Y 52 Y2 ¢2 R
i
~ii
i r i i i i r` ~ .i ~B
y 0.+ 61 FYI f t. d
( i B
-
`
I
y . ~~ i i~ i
~
i ~
` ~ i i i i
i i
~
i i
~~
Attachment 2
To Report PSD-048-11
s ~
' ~ ~ ~l~I
, °
a g ~ ~ e S :: g i
~
9
'`a'
its ~
~ ~\ 11
' ,
'
I P
`:§9 .
~, .
° r.
g~g~
z3~ 3
J~ $ . o
~:?3a
. y. &
~ ,~, ~.
~ , I I :
° wag-~"c
~ : ~ 3~E _ :: , ~
0 '.R ,~ti J~ y e
G ati9~: r-
$-
~ @es! ~ Ilk
8J
?
~~ II
~ ~
~g8 v {
~, i{
68
I
d
_ ___._. __ .. _ i
~i
~
'__ ~_~
i
p ~ ' ~1vI~
A ~3
______ ~ y g
nte9-~
~ $
_.___ iiirxss 4_ B - g~
_
_
m
E
xi
!
-
.______
..
an
. ~ 33
3 !e
. -
' 9
°
p Y ~P
a
----- --- - n A x
---- i b" . p
3
' J
M
~~ ~~
-
W %
i
AY
x
_ e 'S q
+Aa
a
1
/yy'l~'l1
I
-
P
i ~J
~
q
9
g
B~4
6,
9
_ -
31/dV AOYYf ~ ~ A {~
C
3LL5
_ ..e . o r r
II
® i ~
J W _ ~ _ '
~ ~.
J
~` a~,
I 31IV/ 31eXL3 L~
~-'~ /~~
IF
_ ~\\\` ~~ peY
/~ P
\\
~ t \ II
~ 11
i i ___
31IdO MJO'T~WI SpNWI
,..-n~
4~
J r~ _
f ~
_ __________ _ p
- -_ ~ ~
i x
i ~nr aaov
'
\_
~ _.
. ~~ I '~
ZBA 2007-0002 SC 2007-0001
,
Attachment 3
To Report PSD-048-11
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2011-
being a By-law to authodze entering into an Agreement with the Owner(s) of Plan
of Subdivision S-C-2007-0001 and any Mortgagee whom has an interest in the
said lands, and the Corporation of the Municipality of Clarington in respect of
S-C-2007-0001
WHEREAS the Council of the Corporation of the Municipality of Clarington on August 19, 2008
approved Draft Plan of Subdivision S-C-2007-0001, located in Part Lot 31, Concession 2,
former Township of Clarke;
AND WHEREAS the Owner(s) of Draft Plan of Subdivision S-C-2007-0001 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-2007-0001.
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 2011
BY-LAW read a second time this day of 2011
BY-LAW read a third time and fnally passed this day of 2011
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk