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Home My WebLink AboutPSD-033-16 Addendum Unfinished Business 13.1 C-110ril-19t,01 -1-1 Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Council Date of Meeting: May 24, 2016 Addendum to Report: PSD-033-16 Resolution: File Number: 18T-89007 By-law Number: Report Subject: Extension to Draft Approval for 19 Estate Residential Lots by Michael and Cathy Clark Part Lot 1, Concession 1 in the former Township of Clarke Recommendations: 1. That Addendum to Report PSD-033-16 be received; 2. That extension to Draft Approval for 18T-89007 be supported subject to the Conditions as contained in Attachment 2 to PSD-033-16 and that no further extensions be granted; 3. That the Durham Regional Planning and Economic Development Department, Municipality of Port Hope and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-033-16 and the Addendum Report to PSD-033-16 and Council's decision; and 4. That all interested parties listed in Report PSD-033-16 and the Addendum Report to PSD-033-16 and any delegations be advised of Council's decision. Municipality of Clarington Addendum to Report PSD-033-16 Page 2 Report Overview At its meeting of May 2, 2016, Council referred Staff Report PSD-033-16 to the Council th meeting of May 24, 2016 and requestedstaff meet with staff from the Municipality of Port Hope to discuss their proposed Conditions of Draft Approval and their concerns regarding an extension of Draft Approval for a19lotestate residential subdivision in the former Township of Clarke. Ameeting was held on May 5, 2016, to explore alternative means of achieving the Municipality of Port Hope’s objectives, while allowing for the extension to draft approval with conditions that Clarington Staff were prepared to support. All proposed solutions were unacceptable to Port Hope. Staff recommendReport PSD-033-16 now be approved. Background 1.1At the Council Meeting ofMay 2, 2016, Council deferredmaking a decision onReport PSD-033-16 to the May 24, 2016 Council meeting. Report PSD-033-16recommended an eighteen(18) month extension to a draft approved plan of subdivision to allow the applicant to fulfill all conditions and register the plan. The report also discussed concerns raised by the Municipality of Port Hope regarding the extension to draft approval. Port Hope requested that the extension not be granted since the draft approval was granted many years prior and does not meet with current provincial directives. Port Hope requested that if the extension to draft approval was granted, additional Conditions of Draft Approval be imposed. 1.2The draft approval was set to lapse on April 27, 2016, and as such the Director of Planning Services, under delegated authority, issued a one month extension to draft approval, so that Staff from Planning Services could meet with Staff from Port Hope. 1.3On May 5, 2016 staff met with Staff from Port Hope to explore alternatives to achieve Port Hope’s main desire to protect for aninterchange at the Townline Road East and the Highway 401. 1.4A lengthy discussion resulted in an impasse. Staff from Port Hope requested that no extension be granted and if it was, that all conditions as previously requested be added to the Conditions of Draft Approval for this subdivision. Discussion 2.1The main concern from Port Hope’s perspective isthe potential impediment the subdivision would create to their desire to create an interchange at East Townline Road and Highway 401. Port Hope staff are confident that the interchange will not be impacted by the existing eastbound OnRoute in Port Hope or the future weigh scale station on the north side of the west bound 401 lanes east of Townline Road. Staff suggested that the conditions of Draft Approval be amended and that Open Space Block 21 be conveyed to the Municipality of Clarington should an interchange at East Municipality of Clarington Addendum to Report PSD-033-16 Page 3 Townline Road become a reality, having these lands in public ownership will avoid the necessity of expropriation.Port Hope staff did not believe this would satisfy the future land requirements for an interchange or address potential land use conflicts caused by the residential developments proximity to the interchange. Staff also explored the option of dedication of the Open Space Blocks with the applicant who advised it would negatively impact their real estate deal. 2.Staff remain of the opinion that the conditions of Draft Approval requested by Port Hope areeither: a)satisfied; b)contrary to the Region’s Official Plan;or c)not relevant to the extension of draft planapproval. As such the conditions, as requestedare not recommended to be imposed. Staff from Port Hope advised they will beseekingdirection from their Council as to whether or not to appeal the Director’s decision to extend draft approval to the Ontario Municipal Board. As previous noted, the applicant would be responsible for all costs associated with defending the extension to draft approval in the event of an appeal. Conclusion 3.1As previously mentioned, the Owners aremotivated to fulfill Conditions of Draft Approval and register the plan. If an extension is not granted, the conditions will lapse and the draft approved plan will expire. It is respectfully recommended that the extension of draft approval for an additional 17 months, being October 27, 2017 be approved. Strategic Plan Application Not applicable Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: April 25, 2016 Report Number:Resolution: PSD-033-16 File Number:By-law Number: 18T-89007 Report Subject:Extension to Draft Approval for 19 Estate Residential Lots Recommendations: 1.That Report PSD-033-16 be received; 2.That the extension to Draft Approval for 18T-89007 be supported subject to the Conditions as contained in Attachment 2 to PSD-033-16and that no further extensionsbe granted; 3.That the Durham Regional Planning and Economic Development Department, Municipality of Port Hopeand Municipal Property Assessment Corporation be forwarded a copy of Report PSD-033-16 and Council’s decision; and 4.That all interested parties listed inReport PSD-033-16 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-033-16Page 2 Report Overview The report recommends an extension to draft approval for a period of eighteen monthsto October 27, 2017,as well as advises Committee and Council of concerns from the Municipality of Port Hope regarding the extension to DraftApproval. 1.Application Details 1.1Owner/Applicant:Michael and Cathy Clarke 1.2Proposal:19lot estate residential subdivision 1.3Area:32 hectares 1.4Location:Part Lot 1, Concession 2, former Township of Clarke (see Figure 1) 1.5Roll Number:030-010-05610 1.6Within Built Boundary:No Figure 1: Subject Property Municipality of Clarington Report PSD-033-16Page 3 2.Background 2.1In 1988, the Region of Durham approved an Official Plan Amendment to permit a 19 lot estate residential subdivision at the most easterly boundary of the Municipality.The implementing zoning by-law was approved by the Town of Newcastle in 1991. The Region Draft Approved the subdivision on July 21,1992. 2.2Prior to 1995, the Region of Durham was the subdivision approval authority. Plans of subdivision were draft approved with no time limit for obtaining final approval. In 2011, the Municipality of Clarington amended Conditions of Draft Approval for 18T-89007, by including an expiry date of 3 years to 2014. In 2014, an application for extension to Draft Approval was granted by the Director of Planning Services.At that time the Conditions of Draft Approval were amended by adding conditions toensure development would proceed in keeping with current policies and guidelines and changed the expiry to April 27, 2016. 2.3The Owners haveretained an engineering firm to prepare engineering drawings as part of fulfilling conditions of draft approval, however, theycannot obtain final approval in advance of the April 27, 2016 expiry date. As a result,theOwners have requested an 18 month extension to October 27, 2017. 2.4Complete engineering drawings are just one component of fulfilling conditions of draft approval, yet are integralto ensuring all the details of the development can proceed in keeping with various policies and guidelines. The engineering drawings are approved by the Municipality’s Director of Engineering Services, the Conservation Authority, Region of Durham and in this instance, the Ministry of Transportation because the subject property abuts Highway 401. At the time of draft approval, the Township of Hope, (now the Municipality of Port Hope) had two conditions as follows: “10. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Town of Newcastle for approval. All plans and drawings must confirm to the Town’s Design Criteria as amended fromtime to time. The Owner shall also submit a copy of this plan to the Township of Hope. 29. That prior to final approval of this plan, the Owner shall satisfy all requirements, financially and otherwise of the Township of Hope. This includes a contribution to Boundary Road.” 2.5Since receiving the first engineering submission, the staff at the Municipality of Port Hope advised Clarington of concerns with the estate residential subdivision. Following a meeting with stafffrom Port Hope, a letterwas received requesting that a number of conditions be added and recommended that an extension to draft approval not be granted stating that the draftapproved plandoes not conformto and is not consistent with provincial policy directives. Municipality of Clarington Report PSD-033-16Page 4 On March 31, 2016, a further objection was receivedfrom Port Hoperegarding a requirement that Open Space Block 21 be merged with Lot 14. In their view, theOpen Space Blockwould be required fora future interchange at TownlineRoad East and Highway 401.In addition, the more northerly Open Space Block 20should have a second access on Regional Road 2. The draft plan was redlined as a condition of draft approval by the Region of Durham in 1992(seeAttachment 2). 3.Discussion 3.1The Municipality of Port Hope is requesting an amendment to the most recent Conditions of Draft Approval (2014) that are beyond the original request. The amendment includes the requirement for 8 additional studiesand compliance with Port Hope’s Site Alteration and Fill By-Law: One of the studies requested was to determine the amount of land required to build an interchange at East Townline Road to support rural employment. Detailed stormwater managementplans and studieswere submitted by the applicant’s engineering consultantwith the engineering submissionin September 2015. Both Clarington Engineering Services, Ministry of Transportationand the Conservation Authoritysupport,in principle the engineering, however requireadditional informationwith the second engineering submission. The Township of Hope in its condition of Draft Approval in 1992,only requested a copy of the approved Master Grading and Lot Grading Plan butdid not specifically request to approve the drawings. 3.2Staff are of the opinion that some of the requests have either been satisfied, such as the hydrogeological study which was peer reviewed and accepted by the Region of Durham in 2015; not permitted such as communal systems which are contrary to the Region’s Official Plan; or studies thatare not relevant to the draft plan and appear to be geared to support development on land external to the draft plan such as an interchange which is not identified in the relevant Official Plans or by the Ministry of Transportation. Additional conditionsrequiring studies or assessments to address the impacts of this development on natural heritage features, emergency services and soft services in an adjacent municipality are not warranted, nor is a traffic impact study to assess intersection improvementsgenerated by 19 estates residential lots. 3.3The subject property is identified as Protected Countryside in the Province’s Greenbelt Plan of 2005. The approvalsfor this developmentwere granted prior to the Greenbelt Plan and Provincial Policy Statement coming into effectin 2005 and as such development can proceed provided the Conditions of Draft Approval can be satisfied. 3.4The Director of Planning Services has delegated authority for the disposition of subdivisionsand is recommending an eighteen monthextensionand that no further extensions be granted.This application has been draft approved for almost 24 years. The applicants havebeen granted numerous extensions and have not been able to obtain final approval. Furthermore, the subjectsite is in the Greenbelt and would not be Municipality of Clarington Report PSD-033-16Page 5 permittedunder current environmentalpolicies in the Regional andClarington Official Planswith the extension proposed, the approvals will have been in place for over 25 years. If it can’t proceed by then, the approval should lapse. The conditions requested by The Municipality of Port Hope are not included in the amendment to the condition of draft approval. The Director of Planning Services will issue a Notice of Decision advising interested parties of the decision andadvising of the appeal datewhich is20 daysafter the decision ismade, for anyone wishing to appeal. At that time, the Municipality of Port Hope may appeal the Director’s decision to the Ontario Municipal Board.The applicant would be responsible for all costs associated with defending the extension to draft approval in the event of an appeal. 4.Conclusion The Owners are motivated to fulfill conditions of draft approval and register the plan. If an extension is not granted the conditions will lapse andthe draft approved plan will expire. It is respectfully recommended that the extensionofdraft approval for eighteen months, beingOctober 27, 2017be approved. 5.Strategic PlanApplication Not applicable Attachment 2to Municipality of ClaringtonReport PSD-033-16 AMENDMENT TO THE CONDITIONS OF DRAFT APPROVAL DRAFT PLAN OF SUBDIVISION 18T-89007 The Notes to Draft Approval are amended to add a new Note 1, as shown below, and the existing Notes to be renumbered accordingly. 1.If final approval is not given to this plan byOctober27, 2017 of the amendment to draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Gamble, Theresa From:Theodhora Merepeza <TMerepeza@porthope.ca> Sent:April-01-16 12:48 PM To:Strike, Cindy Cc:Pellarin, Carlo Subject:RE: Clarke Subdivision_Redlining_Blocks 20 and 21 Hi Cindy, The rationale for our request is because the southern block (21) would be necessary for a future interchange and the northern block (20) should have a second access to Regional Road 2. Theodhora From: Strike, Cindy \[mailto:cstrike@clarington.net\] Sent: March-31-16 10:25 AM To: Theodhora Merepeza Cc: Pellarin, Carlo Subject: RE: Clarke Subdivision_REdlining_Blocks 20 and 21 Good morning Theodora, Could you please provide a rationale for your request? Cindy CƩƚƒʹTheodhoraMerepeza\[mailto:TMerepeza@porthope.ca\] {ĻƓƷʹMarch311610:19AM ƚʹStrike,Cindy<cstrike@clarington.net> /ĭʹPeterAngelo<PAngelo@porthope.ca>;JeanetteDavidson<JDavidson@porthope.ca> {ǒĬƆĻĭƷʹClarkeSubdivision_REdlining_Blocks20and21 HiCindy, AsafollowupofourletterdatedMarch10,2016wewouldliketoaddanotheritem: MunicipalityofPortHopeobjectstheredliningofthePlan(i.e.thatBlock21shallformpartofLot14andBlock 20shallformpartofLot6or7) Sincerely, Theodhora Merepeza, M.C.P., MCIP, RPP Municipal Planner Municipality of Port Hope 56 Queen Street Port Hope, ON L1A 3Z9 905-885-2431 ext. 2507 tmerepeza@porthope.ca www.porthope.ca 1 Office Location: 5 Mill Street S “Development Team Values Statement: Our Development Team is committed to working with you our clients, with the highest degree of professionalism, accuracy and knowledge in a timely, coordinated and informed way. 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