Town of Penetanguishene

Council Report

FROM COMMITTEE: Planning & Development Section

COMMITTEE CHAIR: Councillor Debbie Levy

SUBJECT: Request for further one (1) year extension

Draft Plan of Subdivision - Charlebois

RECOMMENDATION

Planning & Development Section recommend to Council a third and final one (1) year extension of draft plan approval for the Charlebois Subdivision subject to receipt of outstanding accounts payable ($867.42) and renewed developer’s deposit of $2,000

INTRODUCTION

In 2001, Donald J. Charlebois received draft plan approval for a 17 lot subdivision at Part of Lot 39, South of Poyntz Street, Registered Plan 37 & Part of Centre Street in the Town of Penetanguishene. The original draft plan approval was for three (3) years ending in 2004. The developer requested and received a further one (1) year extension in 2004 and then again in 2005 from the County of Simcoe. The current approval expires on August 7, 2006.

On April 21, 2006, I notified the Charlebois that this extension was due to expire on August 7, 2006 and that the Town could not guarantee a further extension of this draft plan approval. The Charlebois contacted me in May and was provided with the details on their outstanding developer account as well as the need for a $2000 deposit. On July 10, 2006, the Town received a faxed message from Lerners, a law firm in London, Ontario, that they have been retained by the Charlebois and were requesting a further one (1) year extension of the lapsing date to August 7, 2007.

ANALYSIS

Under normal circumstances, applicants would notify the approval authority at least 60 days in advance of the lapsing date. This would have permitted the Town to consult with the various agencies as to whether there are any concerns in the extending this approval. According to the developer’s planning consultant in 2005, all agency clearances have been obtained and there are only a few legal items to be dealt with including securing use of the hydro easement for purposes of installing the water main. Given the late date in receiving the request for an extension, staff has not had sufficient time for consultation or verification of the outstanding issues on the file, including the status of the road closure and sale associated with this development.

The Town has two options. Council may decide not to extend the draft plan approval at the July 26th meeting. While technically, the developer will have until August 7, 2006 to clear all of the outstanding conditions; this is a virtual impossibility given that the Town has not yet entered into a subdivision agreement. If the Charlebois wished to pursue the development, they would be required to file a new draft plan approval application. This new application would be subject to any and all changes in planning policy and development standards since 2001.

Council may choose to grant a further one (1) year extension. It is the opinion of the Planning & Development Section that, if granted, this third extension should be the final draft plan approval extension for this development. Furthermore, the outstanding balance in the developer’s account and new deposit should be paid in full prior to Council granting this extension. To this end, the Town received payment by cheque in the amount of $2,867.42 on July 20, 2006.

BUDGETARY IMPLICATIONS

Legal and engineering costs associated with final plan approval are borne by the applicant, including the preparation of the subdivision agreement. The Town is responsible for in house costs including notices under the Planning Act and time/resources associated with the C.A.O., Director of Planning & Development, Director of Public Works and their support staff.

RISK MANAGEMENT

The developer is required to indemnify the Town in all development agreements.

Prepared by: E.J. Rath, C.A.O.

Meeting Date: July 26, 2006