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HomeMy WebLinkAboutPSD-053-15 Clarington 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: October 5, 2015 Report Number: PSD-053-15 Resolution Number: P0 -(��'�� \5 File Number: S-C-2005-0002 By-law Number: Report Subject: Request for Extension of Draft Approval by Far Sight Investments Ltd. Recommendations: 1. That Report PSD-053-15 be received; 2. That the request to extend the lapsing date for draft approved Plan of Subdivision S-C- 2005-0002 be supported to November 27, 2018 for Phase 1 and November 27, 2022 for any subsequent phase; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-053-15 and Council's decision; and 4. That all interested parties listed in Report PSD-053-15 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-053-15 Page 2 Report Overview Far Sight Investments has submitted a request for extension of their Draft Approved Plan of Subdivision initially Draft Approved August 11, 2010. 1 . 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-2005-0002 five years for phase 1 and ten years for any subsequent phases. 1.3 Area: 46.041 ha 1.4 Location: The subject lands are east of Soper Creek, south of Concession Street East, north of Durham Highway 2 and west of Lambs Road. The property is contained within Part Lot 7, Concession 1, former Township of Darlington 2. Background 2.1 On July 12, 2010 Council considered the application for proposed Draft Plan of Subdivision S-C-2005-0002 and supported issuing draft approval for a total of 541 units. The draft approved plan consists of 273 single detached dwelling lots; five blocks for 29 street townhouse units; 2 blocks for 239 block-townhouse units; open space blocks, which includes lands associated with the main branch of the Soper Creek as well as tributary to the Soper Creek; a stormwater management block; and a park block. See Figure 1. 2.2 A provision within the conditions of draft approval indicates that if Final Approval of the plan is not given to Phase 1 within five years of receiving Draft Approval and within seven years for any subsequent phase, 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 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 years. The approval authority may extend the approval for a time period specified by the approval authority and may further extend it. No extension is permissible if the approval lapses before the extension is given. The approval for draft Plan of Subdivision S-C-2005-002 will lapse on November 27, 2015, if an extension is not granted. Municipality of Clarington Report PSD-053-15 Page 3 Figure 1 — Draft Plan of Subdivision 'CONCESSION STREET I I L— _ -.J L— r-- �--- ri� N �I� F q J 11 I -sous -Ic_exdr+-ascs �ro �.�� 1 I � !•i� ! ire I ZZ r' �t°7 —,$V"114 I � 'I � �•� '` t, r ,Y �e m BOWMANVILLE.^._ ZOO__ IL III � -•• 3.-sppp h I I I t ----------� t i SC 2005-0002 i Municipality of Clarington Report PSD-053-15 Page 4 3. Staff Comments 3.1 The purpose of this report is to consider whether the conditions of draft approval for S-C-2005-002 should lapse on November 27, 2015 as scheduled, or should be reasonably extended. 3.2 The applicant has advised that Final Approval for the first phase of the plan was not possible due to sanitary sewer capacity constraints at the Port Darlington Water Pollution Control plant. The applicant has requested a 5 year extension for the registration of phase 1 and an additional 5 years for any subsequent phases. 3.3 A servicing agreement with the Region of Durham is not in place for the subject lands. Servicing restrictions on the Port Darlington Water Pollution Control Plant, since early 2010, means that the subject lands could not proceed to Final Approval as a result of a lack of sanitary service capacity. The Municipality had approved a detailed engineering drawings for Phase 1 in 2011. Construction on the plant expansion is nearing completion and the expanded plant is expected to be operational early in 2016. 3.4 In June of this year Council approved a temporary rezoning for a sales pavilion related to the subject Draft Approved Plan of Subdivision at the corner of Highway 2 and Lambs Road. At this time the applicant has not finalized the site plan drawings associated with the sales pavilion 3.5 Staff support the extension of the Draft Approval, however, in consideration of the fact that the Port Darlington Water Pollution Control Plant expansion is almost complete and will be operational early in 2016; detailed engineering drawings were previously approved; and that Council has already approved a rezoning for the sales pavilion; staff believe an extension of 3 years for Phase 1 and additional 4 years for any subsequent phase is sufficient. Up to 239 unit townhouse units could be contained within two blocks which will be subject to site plan approval, therefore, registration of these blocks is possible well in advance of the blocks being serviced or available for building permit. 3.6 Both the Region of Durham Planning Department and Central Lake Ontario Conservation Authority staff have no objection to the extension of Draft Approval. 4. Conclusion 4.1 In consideration of the comments noted above, Staff recommends supporting the extension of draft approval until November 2018 for Phase 1 and November 2022 for any subsequent phase. Municipality of Clarington Report PSD-053-15 Page 5 Submitted by: °� -- ' Reviewed b ,i�l y. David- ``Crome, MCIP, RPP FraAlin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Carlo Pellarin, Manager of Development Review, 905-623-3379 ext. 2408 or cpellarin(@clarington.net Attachment: Attachment 1 - Conditions of Extension of Draft Approval List of interested parties to be advised of Council's decision: Far Sight Investments Limited Lorne Morton Sernas Associates Lyndsay Luckhardt Allison Lester Margaret Quinney Anne Caroline Wilson Mark & Cheryl Rigby Bernie Hirseland Marlene Amos Bert Newtel Mary Mogford Betty Marti Matt & Marianne Yeatman Dave & Shelley Winkle Michael Hackenberger (Bowmanville Zoo) Deborah Patrick Mike Domovich Derrick Stein Peter Klose Dr. Wendy Korvar Rhonda Hooper Frank Lockhart Richard Mostert Julie Mackenzie Shirley Amos John O'Toole Shirley Johnson Tom Campbell Attachment 1 to Municipality of Clarington Report PSD-053-15 CONDITIONS OF DRAFT APPROVAL DRAFT PLAN OF SUBDIVISION S-C-2005-002 PART LOT 7, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON The conditions of Draft Approval for S-C-2005-002 as originally issued on September 10, 2010 are hereby amended as follows: 1. That note 1 to the conditions of Draft Approval be deleted and replaced with the following NOTES TO DRAFT APPROVAL 1. If final approval is not given to Phase 1 of this plan within 3 years (November 27, 2018), and within 7 years (November 27, 2022) for any subsequent phase of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. i I I I i i