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HomeMy WebLinkAboutPSD-020-19Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: April 1, 2019 Report Number: PSD -020-19 Resolution: PD -051-19 File Number: 18T-89007 By-law Number: Report Subject: Extension to Draft Approval for 19 Estate Residential Lots Recommendations: That Report PSD -020-19 be received; 2. That the extension to Draft Approval for 18T-89007 be supported subject to the Conditions as contained in Attachment 1 to PSD -020-19; 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 -020-19 and Council's decision; and 4. That all interested parties listed in Report PSD -020-19 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -020-19 Page 2 Report Overview The report recommends an extension to draft approval for an Estate Residential Plan of subdivision in the eastern portion Clarington for a period of nine months to December 1, 2019. 1. Application Details 1.1 Owner OHM Newtonville Inc. 1.2 Applicant: Carmine Scalzi, Scalzi Professional Corporation 1.3 Proposal: 19 lot estate residential subdivision 1.4 Area: 32 hectares 1.5 Location: Part Lot 1, Concession 2, former Township of Clarke (see Figure 1) 1.7 Within Built Boundary: No 2. Background 2.1 In February, 2019 staff received a request for an extension to draft approval for the above noted draft approved plan. There have been several extension to this draft plan in previous years. The owners have made some advancements to final approval and registration, however still cannot meet the April 1, 2019, expiry date. 2.2 By way background, in 1992 the Region of Durham, the approval authority at the time, issued Draft Approval. The Region did not include expiry dates on Conditions of Draft Approval. In 1995, the Region delegated subdivision approval to local municipalities. In 2011, an amendment to draft approval was issued by only adding a three year expiry date. The expiry dates are imposed to ensure the conditions meet current policies and guidelines. In 2014, a further extension was granted to April 2016, then to October 2018, and to April 1, 2019. Municipality of Clarington Report PSD -020-19 Page 3 Figure 1: Subject Property 2.3 The subject property is identified as Protected Countryside in the Province's Greenbelt Plan of 2005. The approvals for this development were granted prior to the Greenbelt Plan and Provincial Policy Statement coming into effect in 2005 and as such development could proceed provided the Conditions of Draft Approval can be satisfied. 2.4 Through the approval of the 2016 Clarington Official Plan, the site was re -designated. A significant portion is designated Environmental Protection and the balance as Estate Residential. Should the conditions lapse, a new draft plan of subdivision could be submitted, but would be reviewed under the current policy regime. The current policies would require buffers to the Natural Features and these areas will not make up part of the lot. The number of lots would be significantly reduced from the 19 lots under the current planning policy. Municipality of Clarington Report PSD -020-19 Page 4 3. Discussion 3.1 OHM Newtonville Inc. acquired the lands in 2016. The new owners have since advanced the project by fulfilling various Conditions of Draft Approval. A Design Brief has been prepared and the exterior architectural elevations have been approved on a preliminary basis by the Municipality's control architect. The latest engineering submission has been received and is currently under review by Engineering staff, the Conservation Authority and the Ministry of Transportation. This represents considerable financial commitment by the new owners. 3.2 The applicants updated the Hydro -geological report in 2015. The Region of Durham required an independent peer review of the report. The Region is now requesting an additional condition be added to the conditions of draft approval, regarding test pumping of drilled wells prior to the issuance of a building permit. Now that the engineering review is substantially complete, additional conditions have been added regarding environmentally sensitive lands and easements. 3.3 In consideration of the effort and money spent to date, it is recommended that a nine month extension be granted. The new owners have expressed confidence in meeting this time frame and are motivated to fulfil the Conditions of Draft Approval. Should the conditions lapse, the file will be closed and the owner would be required to resubmit a new application for draft plan approval. 4. Conclusion 4.1 The Owners are working to fulfil 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 nine months, being December 1, 2019 be approved. geo"A—� Submitted by. Reviewed Michael Seaman, MCIP, RPP Director of Planning Services by: for Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Cynthia Strike Principal Planner, 905-623-3379 ext. 2410 or cstrike .clarington.net Attachments: Attachment 1 – 2019 Amendment Conditions of Draft Approval Municipality of Clarington Report PSD -020-19 The following is a list of the interested parties to be notified of Council's decision: Carmine Scalzi, Scalzi Professional Corporation Micah Clarke, OHM Newtonville Inc. Theodhora Merepeza, Municipality of Port Hope Clerk, Municipality of Port Hope Robbie Laroque, D.G Biddle Ministry of Transportation Ganaraska Region Conservation Authority CS/MS/nl Page 5 Attachment 1 to Report PSD -020-19 Amendment to Conditions of Draft Approval File Number: 18T - 89007 Notice of Decision: Draft Approved: Michael Seaman, MCIP, RPP Director of Planning Services The Conditions of Draft Approval for 18T 89007 as issued on July 21, 1992, amended on October 26, 2011, October 24 2014, June 14, 2016, November 24 2017, September 28, 2018 are hereby further amended as follows: 1. Existing Condition 18 is amended by adding a new condition as follows: 18. (10) The Owner shall provide written confirmation from a qualified Hydrogeologist, that each well was pump tested for a minimum of four hours to confirm the adequacy of supply for a single family residence and will verify that interference between wells will not be impacted. Written confirmation shall be provided to the Director of Planning Services prior to submission of a building permit for each lot." 2. A new Condition 21 is inserted as follows: "21. The Owner shall provide to the municipality, a letter signed by each purchaser that they acknowledge that a portion of the subject lot contains natural heritage feature that are considered environmentally sensitive. The homeowner acknowledges and agrees that no alterations to watercourses, wetlands, woodlots or treed areas are permitted. No buildings, structures or site alternation including the placement or removal of fill or debris or tree cutting is permitted." 3. All remaining conditions are renumbered. 4. Condition 25.c) is amended by adding the following new conditions as follows: "25. c) (4) The Owner shall include the following notice in the agreements of purchase and sale for All Lots; Environmentally Protected Lands — The Purchaser is advised that the lot contains natural heritage features that are considered environmentally sensitive. No alterations to watercourses or wetlands are permitted. No buildings, structures or site alternation including the placement or removal of fill or debris, or tree cutting is permitted. "(5) The Owner shall include the following notice in the agreement of purchase and sale for Lots 4 and 11: Easement — The Purchaser is advised that there is an easement over these lands in favour of the Municipality of Clarington for the maintenance of the culvert and appurtenances under Snowden Court. (6) The Owner shall include the following notice in the agreement of purchase and sale for Lots 12 and 13: Overland Flow Route and Chain Link Fencing — There is a block between these lots required for overland surface drainage. These lands are owned by the Municipality. Chain link fencing is required between these lots and the overland flow route. This fencing is be located on the public portion of the abutting land and will be maintained by the Municipality after the developer has been released from any further responsibility for the fence. No gates from private lots to municipally owned lands will be permitted. " 5. Notes to Draft Approval is hereby amended as follows: "1 . If final approval is not given to this plan by December 1, 2019 the conditions will lapse and the file shall be CLOSED." K