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cityingoll Report
Planning Services
Meeting: General Purpose and Administration Committee
Date: September 22, 2014 Resolution:&PP _rDCR°1I By-law:
Report: PSD-055-14 File: 18T-890043
Subject: Application for Extension to Draft Approval by Headgate Developments Inc.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
a) THAT Report PSD-055-14 be received;
b) THAT the request to extend Draft Approval be denied;
c) THAT the fee for a Major Red Line Revisions to Draft Approval be used as the applicable
fee for a revised proposed plan of subdivision for the subject lands if received prior to
January 1, 2015;
d) THAT the Region of Durham Planning and Economic Development Department be forwarded
a copy of Report PSD-055-14 and Council's decision; and
e) THAT all interested parties listed in Report PSD-055-14 and any delegations be advised of
Council's decision.
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Submitted by: Reviewed
y by.
D id J. rome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Municipality of Clarington
Report PSD-055-14 Page 2
Report Overview
In consideration of the extensive grading and drainage issues identified by the Municipality of
Clarington and Central Lake Ontario Conservation Authority with the current draft approved
plan, it is recommended that the request for extension to the March 1997 Draft Approval not be
granted. The Owner is working on a revised design to address the grading and drainage
issues. It is recommended the Municipality process the new application using the applicable
Fee Schedule for a Major Red Line Revision to Draft Approval.
Background
1. On March 10, 1997, the Region of Durham issued Draft Approval to 18T-90043 for a total
of 19 semi-detached/linked lots, 38 units plus blocks for future development as well as a
block (Block 25) to be dedicated as open space (valley lands), Figure 1. When the
Region of Durham was the approval authority it was not their practice to impose an expiry
date on a draft approved plan. In 2011, the Municipality of Clarington amended a number
of existing draft approved plans of subdivision by adding an expiry after three years if no
extension is granted. As a result, the expiry of the Draft Approval, if it is not extended,
will be October 26, 2014.
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PROPOSED DRAFT PLAN r I :E6 it
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Figure 1 — Draft Approved Plan of Subdivision 18T-90043
Municipality of Clarington
Report PSD-055-14 Page 3
2. The subject lands are located between the Knox Christian School and the Durham
Christian High School fronting on North Scugog Court, east of Regional Road 57. See
Figure 2 below.
GON OESS!ON ROAD� --
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18T-90043
Figure 2 —Air photo of subject property and surrounding properties
3. In March of 2014, Headgate Developments submitted grading, drainage and servicing
drawings for review and approval in order to obtain Final Approval of the Draft Approved
Plan. A list of requirements for the preparation of a subdivision agreement, including
fees, was forwarded to Headgate on March 5, 2014. This was never responded to. On
July 25, a letter and fee requesting extension of Draft Approval was received from
Headgate.
4. On September 4, 2014, a preconsultation meeting was held for a proposal to amend draft
approval. The revised proposal is for a cul-de-sac with 25 single detached dwelling units,
plus blocks for open space and future development. The applicant and his engineer
believe the revised plan addresses the majority of the grading and drainage issues
previously identified through the review of the detailed engineering submission in support
of final approval. A detailed grading and drainage plan had not been prepared for review
prior to the preconsultation meeting.
Comments
5. Both the Central Lake Ontario Conservation Authority and the Municipality of Clarington
Engineering Services Department identified a number of issues with the grading and
Municipality of Clarington
Report PSD-055-14 Page 4
drainage plans submitted in support of Final Approval and registration of the draft
approved plan.
6. Central Lake Ontario Conservation Authority staff noted that the proposal has portions of
lots 4, 5 and 8 which extend beyond the top of bank, and stable slope, into what would be
considered the erosion hazard associated with the valley slope. The erosion hazard area
is a regulated area that requires Central Lake Ontario Conservation Authority permission
to encroach into. The applicant is required to demonstrate that the proposed
development will not be subject to, or aggravate the control of erosion along the valley
slope.
7. The Groundwater Resources Department of the Conservation Authority also identified
items that needed to be addressed regarding the Geotechnical Investigation and slope
stability prior to CLOCA supporting the development limits related to slopes.
8. The Clarington Engineering Services Department noted that there were significant design
problems with the submission. In some cases they were beyond the control of the design
engineer due to the extreme topography of the site and the lot/road layout as currently
draft approved.
9. The height of slope for many of the dwellings with basement walkouts were identified as
being excessive, between 3 and 5 metres in height. This would make maintenance
unsafe and require basements which exceed the standard 2.4 metres in height. As well,
retaining walls in excess of 4 metres were proposed for some lots abutting the valley.
10. The Owner recognized that the significant grades abutting the Bowmanville Creek Valley,
together with the irregular lot lines and surrounding land uses made the subject proposal
very difficult to develop as draft approved. In response to the concerns raised, the
applicant submitted a revised plan proposing a cul-de-sac with 25 single detached
dwellings. Although detailed grading and drainage plans have not been reviewed, it
would generally appear that this option provides more flexibility to deal with grading and
drainage around the perimeter where existing residential uses exist.
11. Given the concerns with the ability to comply with the requirements of the Conservation
Authority and the engineering standards of the Municipality of Clarington in order to
achieve final approval, staff are not prepared to recommend extension of the draft
approval. The owner is working to revise the plan to better address the identified grading
and drainage issues. A revised plan will likely not be submitted with the required
supporting documentation prior to the October 26, 2014 when draft approval expires. In
consideration of the existing draft approval, the owners willingness to redesign the plan to
address the grading and drainage issues it is recommended that, provided a revised plan
is submitted prior to January 1, 2015, the applicant be charged the fee for Major Red Line
Revision to Draft Approval of a Plan of Subdivision, as opposed to the fees for a new
application for draft approval.
Concurrence
12. Not Applicable
Municipality of Clarington
Report PSD-055-14 Page 5
Conclusion
13. It is respectfully recommended that the request for extension of Draft Approved Plan of
Subdivision for 18T-90043 be denied. If the applicant submits a new application for a
plan of subdivision, prior to January 1, 2015, it is recommended that the fee for Major
Red Line Revision to Draft Approval of a Plan of Subdivision be applied.
Strategic Plan Application
14. Not applicable.
Staff Contact: Carlo Pellarin, 905-623-3379 ext. 2408 or cpellarin @clarington.net
The following is a list of the interested parties to be notified of Council's decision:
Andy Anderson, Headgate Developments Inc.
Tunney Planning Inc.