HomeMy WebLinkAboutPSD-109-06
CWilJglon
REPORT
PLANNING SERVICES
Meeting:
Date:
General Purpose and Administration Committee Meeting
Monday, October 2, 2006
Report #:
PSD-109-06
File #': 18T-89059, S-C-20001001
and ZBA 2006-0015
6PA '3~fo-()b-
By-law #: ;;LOVe, - (q 7 .
Subject:
AMENDMENT TO FOSTER NORTH NEIGHBOURHOOD DESIGN PLAN
PROPOSED AMENDMENT TO DRAFT APPROVED PLAN OF
SUBDIVISIONS AND RELATED REZONING
APPLICANT: FOSTER CREEK DEVELOPMENTS, 2083302 ONTARIO
LIMITED AND ROBERT J. STEPHENSON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-109-06 be received;
2. THAT the revised Foster North Neighbourhood Design Plan bounded by the
Foster Creek Valleylands, King Avenue West, Rudell Road and the St. Lawrence
& Hudson (Canadian Pacific) Railway be received;
3. THAT the application for the proposed Amendment to Draft Approved Plans of
Subdivision 18T-89059 and S-C-20001001 and related Zoning By-law Amendment,
submitted by Foster Creek Developments, 2083302 Ontario Limited, and Robert J.
Stephenson be APPROVED as per Attachment 2, subject to the conditions of
Draft Approval, as contained in Attachment 3;
4. THAT the application for Zoning By-law Amendment, submitted by Foster Creek
Developments, 2083302 Ontario Limited, and Robert J. Stephenson be
APPROVED as per Attachment 4;
REPORT NO.: PSD-109-06
PAGE 2
5. THAT the Mayor and Clerk be authorized by By-law to enter into an agreement
with the Owners and the By-law be forwarded to Council at such time the Owners
are prepared to proceed with this development;
6. THAT a By-law to remove the "Holding (H)" Symbol be forwarded to Council at
such time as the Owners have entered into a subdivision agreement with the
Municipality;
7 . THAT a copy of this Report and Council's decision be forwarded to the Region of
Durham Planning Department; and
8. THAT all interested parties listed in this Report and any delegations be advised of
Council's decision.
Submitted by:
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Reviewed by: U
D i . Crome, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
BRlCP/DJC/df~d
27 September 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-109-06 PAGE 3
1.0 APPLICATION DETAILS
1.1 Applicants: Foster Creek Developments, 2083302 Ontario Limited, and Robert J.
Stephenson
1.2 Proposed Amendment to Draft Approved Plan of Subdivision:
Draft Approved Proposed Revisions
Total units 540 665
15 m single detached 389 145
13.5 single detached 39 0
12 single detached 20 211
10 single detached 0 224
9.0 link dwelling 4 0
On-street townhouse units 6 0
Medium density units 82 85
Elementary School 2.43 ha 2.43 ha
Neighbourhood Park 2.16 ha 2.21 ha
Stormwwater Pond 1.26 ha 1.26 ha
Open Space Lands 5.03 ha 5.06 ha
1.3 Rezoning: Appropriate to permit the Proposed Amended Plan of Subdivision
1.4 Plan Area: 49.99 hectares (123.52 acres)
1.5 Location: The subject lands are generally located west of Foster Creek, south of
the St. Lawrence & Hudson Railway, east of the alignment of Rudell
Road and north of Given Road
2.0 BACKGROUND
2.1 On May 2, 2006, the Planning Services Department received from Foster Creek
Developments, 2083302 Ontario Limited, and Robert J. Stephenson, the subject
applications to amend the Draft Approved Plan and the Zoning By-law.
2.2 The subject applications deal with two draft approved plans of subdivision. The
larger draft plan of subdivision – 18T-89059 was draft approved for 501 units on
March 24, 2004. It surrounds the smaller draft plan of subdivision S-C-2000-001
which was draft approved for 39 units on March 26, 2004. The proposed Amended
Draft Approved Plan for 18T-89059 incorporates the area of Draft Approved Plan S-
C-2000-001.
2.3 The proposed Draft Plan of Subdivision was submitted May 2, 2006, and circulated
to agencies. It initially proposed a total of 702 units. Following discussions with
staff, the proposal was modified. At the pubic meeting September 5 GPA meeting,
LEGEND
NEIGHBOURHOOO BOUNDARY
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KING AIIUd.If WEST
ZBA 2006-0015
ZONING BY-LAW AMENDMENT
18T -89059 and S-C-2000-001
Draft Plan of Subdivision Amendments
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Attachment 3
To Report PSD-109-06
CONDITIONS OF DRAFT APPROVAL
DRAFT PLAN OF SUBDIVISON 18T -89059
1. The conditions of draft approval for 18T -89059, issued on March 24, 2004, and the
conditions of draft approval for S-C-2000-001, issued on March 26, 2004, be rescinded
and replaced with the following conditions.
PLAN IDENTIFICATION
2. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision 18T-89059, prepared by Tunney Planning Inc. identified as project number
TUN 562-1, and drawing number DP-4, dated September 2006 as further relined
revised, which illustrates 580 single detached dwelling units, two medium density blocks
for a total of 85 units, a park block, a school block, open space blocks, road widenings
and 0.3 m reserves.
FINAL PLAN REQUIREMENTS
3. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
4. The Owner shall name road allowances included in this draft plan to the satisfaction of
the Regional Municipality of Durham and the Municipality of Clarington.
5. The Owner shall convey a 6.0 metre road widening, Block 605, across King Avenue
West frontage of the draft plan of subdivision to the Region of Durham for the purpose
of road widening.
6. The Owner shall convey a 4.0 metre road widening, Block 606, across Given Road
frontage east of Street "A" of the draft plan of subdivision to the Municipality of
Clarington for the purpose of road widening.
7. The Owner shall terminate any dead ends and/or open sides of road allowances
created by this draft plan in 0.3 metre reserve(s) to be conveyed to the Municipality of
Clarington.
8. The Owner shall convey the 0.3 metre reserve shown as Blocks 601 to 603 inclusive, as
well as a 0.3 metre reserve as red lined revised on the draft plan of subdivision north of
the Given Road widening to the Municipality of Clarington.
9. That all land dedications, easements, sight triangles and reserves as required by the
Municipality for this development must be granted to the Municipality free and clear of
all encumbrances and in a form satisfactory to the Municipality's Solicitor.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
10. The Owner agrees to prepare a revised phasing plan that will be subject to the approval
of the Director of Engineering Services and Director of Planning Services and that
Conditions of Draft Approval 11, 12, 18, 26, 27, 31, 33, 34, 36, 37, 43, 47 and 57
inclusive, are provided based on the approved version of the above-mentioned phasing
plan. A copy of the approved version of the above-mentioned phasing plan shall be
provided to the Durham Regional Works Department.
11. The Owner agrees that the Phasing Plan for development must address the existing
dwellings on Given Road. The Plan must demonstrate how the various road accesses to
each property will be accommodated at each phase of development.
12. The Owner agrees the phasing of this draft plan will be restricted by the number of
external road accesses that are available. Full development of the draft plan will require
all external accesses to be constructed that a collector road connection shall be
constructed for each phase of development prior to issuance of the 1 st permit for each
phase. The specific lots available for building permits in any single phase of the
development will be further reviewed at the engineering stage and shall be at the sole
discretion of the Director of Engineering Services.
13. The Owner shall, apply to the Municipality of Clarington and obtain area municipal
approval of the zoning for the land uses shown on the approved draft plan in
accordance with the provisions of the Planning Act.
14. The Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Engineering Services and the Director of Planning
Services for review and approval. The Landscaping Plan shall reflect the design criteria
of the Municipality as amended from time to time.
15. The Owner shall submit a detailed tree preservation plan to the satisfaction of the
Municipality of Clarington. No trees shall be removed until such time as this program
has been approved except as authorized by the Municipality.
16. The Owner shall ensure that Blocks 583 to 594 inclusive and Block 600 are maintained
in accordance with Municipal standards until they are either full building lots, exchanged
and/or sold to adjacent property owners.
17, The eastern boundary of Block 582 has to be re-aligned to ensure that the straightened
boundary represents a balancing of the areas of the land exchanges between
"Environmental Protection (EP) Zone" and "Holding-Urban Residential Type Three
((H)R3) Zone",
18. The Owner shall prepare a traffic report to the satisfaction of the Director of Engineering
Services and Director of Planning Services that addresses the issue of traffic
management, including traffic calming, improvements to existing streets and
intersections impacted by the development as a whole and individual phases. The
Conditions of Approval - 18T -89059
Page 2
Owner shall be responsible to conduct a public information centre to discuss and obtain
input from residents regarding the traffic report and road design.
19. The Owner shall prepare a plan, to the satisfaction of Director of Planning Services and
Director of Engineering Services, which details the subdivision's visual themes to
enhance the identity of the neighbourhood. This includes upgraded streetscapes, the
use of strategically located entrance features, valley land tree planting, and the
development of a neighbourhood trail system.
20. The Owner agrees, prior to entering into a subdivision agreement, the Regional
Municipality of Durham shall be satisfied that adequate water pollution control plant and
water supply plant capacities are available to the proposed subdivision.
REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT
21. The Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Engineering Services for review and
approval. All plans and drawings must conform to the Municipality's Design Criteria as
amended from time to time.
22. The Owner shall grant such easements as may be required for utilities, drainage and
servicing purposes to the appropriate authorities.
23. The Owner shall enter into a Subdivision Agreement with the Municipality and agree to
abide by all terms and conditions of the Municipality's standard subdivision agreement,
including, but not limited to, the requirements that follow.
24. The Owner shall provide and install roads, sidewalks, storm sewers, street lights, .
temporary turning circles etc. as per the Municipality's standards and criteria.
25. The Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be
buried underground.
26. The phase of development which requires the construction of Street "A" between King
Avenue West and Street "8" cannot proceed until the Owner has acquired the lands for
the construction of Street "A" between King Avenue West and Given Road.
27. The Owner must ensure the intersection of King Avenue West and Street "A" are
reconstructed including the installation of traffic signals prior to the issuance of any
building permits within that phase of the proposed development that requires access
from King Avenue West and Street "A". The Owner will be required to submit a detailed
engineering plan for the intersection and the future configuration of Street "A". The
south side of the intersection must also be included. The future intersection on Street
"A" at King Avenue West will be subject to the approval of the Region of Durham.
28. The road allowance for Street "A" must have a minimum width of 23.0 metres as
previously approved.
Conditions of Approval - 18T -89059
Page 3
29. The Owner is responsible for securities (100%) being provided to the Municipality for the
land acquisition and road construction to a collector standard for that portion of Street
"A" between King Avenue West and Given Road.
30. Grady Drive must be constructed to a 23m road allowance width.
31. The future phase which requires the construction of the Grady Drive and the crossing of
Foster Creek cannot proceed until the Municipality has approved the expenditure of
funds for the construction of Grady Drive and its crossing of Foster Creek.
32. The collector street portion of Rudell Road must have a minimum road allowance width
of 23.0 metres. A 1.5 metre road widening to be dedicated to the Municipality will be
required on Rudell Road between King Avenue West and Grady Drive, as shown on the
plan.
33. The phase of the development which requires access from Rudell Road cannot proceed
until the Municipality has approved the expenditure of funds for the construction of
Rudell Road.
34. This development may proceed at such time the Municipality has approved the
expenditure of funds for the construction of Rudell Road from King Avenue West to the
St. Lawrence & Hudson (Canadian Pacific) Railway. The Owner will be responsible for
50% of the cost of Rudell Road infrastructure to a municipal local standard for the length
which provides frontage to the lots on Rudell Road. The required improvements shall
include any sidewalk improvements deemed necessary by the Director of Engineering
Services to service and connect to the overall neighbourhood. Should the development
proceed prior to the approval of funds by the Municipality the Developer will be
responsible for 100% of the cost of the construction of Rudell Road to a collector
standard from King Avenue West to Grady Drive.
35. The Owner will be responsible to provide any sight triangles or other lands deemed
necessary by the Region of Durham at the intersection of King Avenue West and Rudell
Road for the reconstruction of Rudell Road to an urban standard once those lands have
been acquired by the Owner. The Owner must provide a functional plan that makes
accommodation for the future installation of traffic signals. at the intersection of King
Avenue West and Rudell Road.
36. All portions of Given Road designated for legal closure under the ultimate development
scenario must be identified. The Owner must coordinate any road closures that are
deemed necessary to facilitate development within the subject neighbourhood. Any
proposed road closures must be approved by the Council of the Municipality of
Clarington. The Owner will be responsible for application for road closure and 100% of
all costs, including land value, financial and otherwise that are necessary to meet this
requirement.
37. The subject development will necessitate the physical closure of Given Road at Street
"A" during the phase that requires the construction of Street "A" and its intersection with
King Avenue West. The Owner will be responsible for 100% of the cost of any works or
facilities deemed necessary by the Director of Engineering Services to construct a new
dead end of Given Road immediately to the east of the intersection. This work may
Conditions of Approval - 18T -89059 Page 4
include land acquisition, road construction, turning circles, urbanization, storm sewers,
drainage work, barricades etc. This work must be completed prior to public access to
Street "A", between King Avenue West and Street "F".
38. Any portions of Given Road that are designated to remain open as a traveled road may
require upgrades or improvements. The necessary upgrades or improvements
associated with the construction of the turning circle may include but not be limited to
property dedication (road widenings, sight triangles etc.), pavement widening,
reconstruction, storm sewers, urbanization, sidewalks, illumination etc. The Owner will
be responsible for 100% of the works deemed necessary by the Director of Engineering
Services.
39. No development of Block 581 or other adjacent land will be permitted until such time as
the Owner has acquired all of the lands necessary for the entire medium density
development. No partial development will be permitted. All development of Block 581
and any associated lands not included within this draft plan must be developed with
private internal road accesses.
40. The Owner shall convey Block 596 to the Municipality of Clarington for park or other
public recreational purposes in accordance with the Planning Act.
41. The Owner shall provide a cash-in-lieu of parkland dedication for any under-dedication
of park land, as prescribed by the Planning Act.
42. For the purpose of parkland development, the Owner is required to undertake
preparation of a conceptual park plan including proposed grading to demonstrate that
the proposed park size, configuration and topography will allow for the construction of
park facilities to the satisfaction of the Municipality. In addition, the Owner is required to
provide the park site graded in accordance with the park concept plan including storm
water servicing. The park site must be fenced and seeded with a minimum cover of
200mm of topsoil. Servicing such as hydro, sanitary sewer and water should be
stubbed at the property line along the park frontage.
43. The Owner must provide the park dedication in Phase I and rough grade the park and
surrounding area within 150 mm of final grade. It will be necessary to design Grady
Drive in this area in order to complete the rough grading.
44. The Owner must submit a stormwater management plan which provides for the ultimate
development of the west end of this development. This plan must address all previous
grading, drainage and stormwater management comments satisfactory to the Director of
Engineering prior to final plan approval.
45. The Owner agrees that storm water drainage works and facilities necessary for this
development must be constructed in accordance with the Foster Creek Subwatershed
Planning Study, dated March 2001, prepared by Gartner Lee Ltd. and as finally
approved by the Director of Engineering Services.
46. The Owner's engineer must submit a Preliminary Engineering Plan that identifies the
watershed areas that are tributary to each of the proposed storm water management
facilities. The report must assess the major and minor flow systems, identify the pre
Conditions of Approval - 18T -89059 Page 5
and post construction volumes and assess depths, velocities, points of discharge and
proposed methods of outlet treatment. The required report must demonstrate that all
blocks or locations designated for storm water management facilities have been
adequately sized for all storm events in terms of quantity, frequency and duration up to
and including the regional storm. A Preliminary Engineering Plan must be provided that
demonstrates this requirement can be satisfied. The required Plan must illustrate that
all of the road widenings required under the ultimate need for the neighbourhood have
been accommodated and must illustrate the effect of any road widenings on the size of
any storm water management facilities. The Plan must demonstrate that the facilities
can be constructed with a minimum 5: 1 side slopes and a 6.0 metre buffer strip. The
Plan must also indicate the level of groundwater and the proposed range for the
permanent water levels. The Plan will be subject to the approval of the Director of
Engineering Services and the Ganaraska Region Conservation Authority.
47. The Owner must provide the Engineering Services Department with a stormwater
management construction plan which provides for the sequential construction of all
stormwater management works which reflect the phasing of the development.
48. The Owner agrees that the outfall location for each storm water management facility will
be subject to the approval of the Director of Engineering Services. Specifically the
outfall of the proposed facility at Given Road and Rudell Road must be shown to not
have an adverse effect on adjacent private property and that the outfall location is
suitable. The size, location, design and specific detail for any proposed storm water
management facilities will be subject to the approval of the Municipality of Clarington
and the Ganaraska Region Conservation Authority prior to final approval of this plan.
49. The Storm Water Management Facility north of King Avenue West and west of Rudell
Road has to be designed solely to act as infrastructure for the proposed Amended Draft
Approved Plan of Subdivision 18T-89059, described in Condition 2 and the lands
required for this facility must be acquired by the developer(s) of the above-mentioned
subdivision and deeded to the Municipality of Clarington prior to approval of the final
subdivision plan.
50. The Owner agrees to provide a Landscaping Plan for all stormwater management
facilities to the satisfaction of the Director of Engineering Services. This may include
input from adjacent property owners.
51. The Owner will be responsible for 100% of the cost of all amenities such as signs or
fences that are deemed necessary by the Director of Engineering Services for any
storm water management facilities.
52. The Owner must provide a monitoring and maintenance program for any proposed
stormwater management facilities located within the subject neighbourhood. The
required program must detail the obligations of the developer during the subdivision
maintenance period and also detail a perpetual monitoring and maintenance plan.
53. The Owner agrees to provide an erosion and sediment control plan to the satisfaction of
the Director of Engineering Services.
Conditions of Approval - 18T -89059
Page 6
54. The Owner agrees that temporary turning circles will be required on Street "E". Access
to the Medium Density Block, Block 581, may be restricted or prohibited depending
upon the specific nature of the proposed development for this block. All other lots to be
"frozen" will be determined at the engineering review stage at the sole discretion of the
Director of Engineering Services. No development of any "frozen" lots will be permitted
until the construction of Street "E" has been fully completed.
55. The Owner agrees that the west side of Rudell Road must be fully serviced with water,
sanitary sewer and storm sewer for any future lots which may front onto this street, and
any other streets that may intersect with this street must be "stubbed" for water, sanitary
sewer and storm sewer to the satisfaction of the Director of Engineering Services and
the Director of Planning Services..
56. That prior to the issuance of building permits, access routes to the subdivision must be
provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all
watermains and hydrants are fully serviced and the Owner agrees that during
construction, fire access routes be maintained according to Subsection 2.5.1.2 of the
Ontario Fire Code, storage of combustible waste be maintained as per Subsection
2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code.
57. This development cannot proceed until such time that the Municipality has approved the
expenditure of funds for the provision of the construction of any works that have been
included in the Municipality's Development Charge By-Law and that are deemed
necessary by the Director of Engineering Services to service this development.
58. All works and services must be designed and constructed in accordance with the
Municipality of Clarington Design Criteria and Standard Drawings, provisions of the
Municipality Development By-Law and all applicable legislation and to the satisfaction of
the Director of Engineering Services.
59. The Owner must meet all the requirements of the Engineering Services Department,
financial or otherwise.
60. The Owner shall be 100% responsible for the construction of a 1.8 m high wood privacy
fence along the south property line of the subject lands, east of Street "A", where such
property line abuts a lot with an existing residential dwelling.
61. The Owner shall be 100% responsible for the cost of Architectural Design Guidelines
specific to this development, as well as 100% of the cost for the "Control Architect" to
review and approve all proposed models and building permits, to the satisfaction of the
Director of Planning Services. The Architectural Design Guidelines shall ensure that the
development is consistent with the character of Newcastle Village.
62. The Owner agrees that no residential units shall be offered for sale to the public on said
plan until such time architectural control guidelines and the exterior architectural design
of each building has been approved by the Control Architect and the Director of
Planning Services.
Conditions of Approval-18T-89059
Page 7
63. The Owner agrees that no building permit shall be issued for the construction of any
building on any residential lot or block on said plan, until the architectural control
guidelines for the development and the exterior architectural design of each building and
the location of the building on the lot has been approved by the Municipality of
Clarington.
64. The Owner agrees that where the well or private water supply of any person is
interfered with as a result of the subdivision, the Owner shall at his expense, either
connect the affected party to municipal water supply system or provide a new well or
private water system so that water supplied to the affected party shall be of quality and
quantity at least equal to the quality and quantity of water enjoyed by the affected party
prior to the interference.
65. The Owner shall provide the Municipality with unconditional and irrevocable Letters of
Credit acceptable to the Municipality's Treasurer, with respect to Performance
Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or
deposit as may be required by the Municipality.
66. The Owner shall pay to the Municipality, the development charge in accordance to the
Development Charge by-law as amended from time to time, as well as payment of a
portion of front end charges pursuant to the Development Charge Act if any are required
to be paid by the Owner.
67. The Owner will be required to establish a geodetic benchmark in the vicinity of the
intersection of Rudell Road and King Avenue West that will serve as vertical control for
the proposed development. The Owner will be responsible for 100% of the cost of
establishing this benchmark. The required benchmark must be installed prior to the
issuance of any building permits for the subject development.
68. That the Owner supply on disk, in a CAD format acceptable to the Municipality a copy of
the proposed Plan of Subdivision as Draft Approved and the 40M-Plan.
69. The Owner shall submit an Energy Management Plan to the satisfaction of the Director
of Planning outlining various means that the Owner will implement to support energy
conservation.
70. The Owner agrees to acquire the land necessary on the west side of Rudell Road for
the proposed roundabout at the intersection of Rudell Road and Grady Drive.
71. Prior to final approval, the Owner is required to submit a signed Record of Site Condition
(RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the
Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region,
including an Acknowledgement of Receipt of the RSC by the MOE.
72. Prior to final approval, the Owner shall engage a qualified professional to carry out to
the satisfaction of the Ministry of Citizenship, Culture and Recreation, an archaeological
assessment of the entire property and mitigate, through preservation or resource
removal and documentation, adverse impacts to any significant archaeological
resources found. No demolition, grading or other soil disturbances shall take place on
the subject property prior to the Ministry of Citizenship, Culture and Recreation
Conditions of Approval-18T-89059 Page 8
confirming that all archaeological resource concerns have been met including licensing
and resource conversation requirements.
73. Prior to the commencement of anyon-site grading or construction or final registration of
the plan, the Owner shall submit and obtain approval from the Ganaraska Region
Conservation Authority for reports, consistent with the recommendations of the Foster
Creek Sub-watershed Study and Environmental Impact Study prepared by Gartner Lee,
and with the 2003 MOE Storm Water Management Planning and Design Manual,
describing the following:
a) a detailed Storm Water Management Plan which outlines the intended means of
controlling storm water runoff in terms of quantity, frequency and duration of all
events up to and including the regional storm;
b) the intended means of conveying stormwater flows from the site, including the
location and design of water quality and quantity controls using storm water
management techniques outlined in provincial guidelines;
c) an assessment of the major and minor flow system, identifying pre and post
construction volumes, depths, velocities, points of discharge and proposed
methods for outlet treatment;
d) an Erosion and Sedimentation Control Report and Plan detailing the means by
which erosion and sedimentation and their effects will be minimized and
contained on the site both during and after construction in accordance with the
provincial guidelines. . The report and plan must outline all actions to be taken to
prevent an increase in the concentration of solids in any water body as a result of
on-site or other related works, to comply with the Canada Fisheries Act;
e) site grading details, including pre-development, staged and final scenarios:
f) requirements for the long-term maintenance of all proposed erosion and storm
water facilities and construction details relating to these conditions; and
g) an Impact Assessment be carried out to assess potential impacts of the west
pond draining to a tributary of Wilmot Creek. This study would need to consider
hydrological, and biological impacts and develop mitigative measures, monitoring
requirements and potentially compensatory works.
74. The Owner agrees, through the subdivision agreement, to carry out or cause to be
carried out the recommendations and measures contained within the documents
approved under the previous condition (Condition No. 73).
75. The Owner agrees, through the subdivision agreement, to maintain all erosion and
siltation control devices in good repair during the construction period in a manner
satisfactory to the Ganaraska Region Conservation Authority.
76. The Owner agrees to obtain all necessary Ganaraska Region Conservation Authority
permits.
Conditions of Approval - 18T -89059
Page 9
77. The Owner agrees that detail design of the stormwater management system west of
Rudell road must include erosion indexing and potential downstream issues to the
satisfaction of the Ganaraska Region Conservation Authority.
78. The Owner shall enter into a written agreement with the Kawartha Pine Ridge District
School Board which provides for the future acquisition of the school site, shown as
Block 595 on the draft plan, to the satisfaction of the School Board. The agreement
shall, among other matters, require;
a) Block 595 to be available as part of Phase 1 of the development:;
b) Block 595 to be rough graded;
c) The approved final grading plans for the surrounding lands to be provided to
the School Board
d) All municipal services provided to the site; and
e) The installation of a 1.8 metres high chain link fence on the perimeter of Block
595 where it abuts proposed or existing residential lands.
79. The Owner shall agree in the Municipality of Clarington Subdivision Agreement. to
implement the recommendations of the report, entitled Traffic Noise and Rail Vibration
Impact Study Draft Plan of Subdivision 18T-89059, Part Lots 29 and 20, Concession 2,
Newcastle, Ontario, prepared by HGC Engineering, dated October 11, 2002, which
specifies noise attenuation measures for the development. The measures shall be
included in the subdivision agreement and must also contain a full and complete
reference to the noise report (i.e. author, title, date and any revisions/addenda) and shall
include any required warning clauses identified in the study.
80. The Owner shall provide for the extension, of such sanitary sewer and water supply
facilities which are external to, as well as within, the limits of this plan that are required
to service this plan. In addition, the Owner shall provide for the extension of sanitary
sewer and water supply facilities within the limits of the plan which are required to
service other developments external to this subdivision. Such sanitary sewer and water
supply facilities are to be designed and constructed according to the standards and
requirements of the Regional Municipality of Durham. All arrangements, financial and
otherwise, for said extensions are to be made to the satisfaction of the Regional
Municipality of Durham, and are to be completed prior to final approval of this plan.
81. The Owner shall satisfy all requirements, financial and otherwise, of the Regional
Municipality of Durham. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the provision
and installation of sanitary sewers, water supply, roads and other regional services.
82. That prior to final approval, the Owner shall submit to the Ministry of Transportation for
their review and approval, a copy of an illumination plan and calculations.
83. That prior to final approval, a 0.3 m reserve extending across the Highway 35/115
frontage be conveyed by deed to the Ministry of Transportation.
84. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain, among other matters, the following provisions:
Conditions of Approval - 18T -89059
Page 10
a) The Owner agrees that the display and marketing materials to be used for this
development shall be submitted to the Director of Planning Services and the
Director of Engineering Services for approval. Said plans and materials must
receive approval prior to issuance of a building permit for a sales facility of model
home to be constructed on any Part of the Lands.
b) The Owner agrees to fulfill the requirements of the Master Drainage Study as
they apply to this site to the satisfaction of the Director of Engineering Services.
c) The Owner agrees to carry out the works referred to in Conditions 73 to 77
inclusive, to the satisfaction of the Ganaraska Region Conservation Authority.
d) The Owner agrees to maintain all stormwater management and erosion and
sedimentation control structures operating and in good repair during the
construction period, in a manner satisfactory to the Ganaraska Region
Conservation Authority.
e) The Owner agrees to advise the Ganaraska Region Conservation Authority 48
hoursprior to commencement of grading or the initiation of anyon-site works.
f) The Owner agrees to place the following in all agreements of purchase and sale
between the Developer and all prospective home buyers:
i) "Due to the proximity of this plan to 35/115 Highway and the (Canadian
Pacific) St. Lawrence & Hudson Railway purchasers should be aware that
traffic noise may interfere with some activities of the dwelling occupants."
ii) "Despite the noise control features implemented within the development
and/or within the individual dwelling units, noise levels from the adjacent
35/115 Highway and the (Canadian Pacific) St. Lawrence & Hudson
Railway may occasionally interfere with some activities of the dwelling
occupants."
iii) "Purchasers and tenants are warned of the existing of (Canadian Pacific)
St. Lawrence and Hudson Railway's operated right-of-way; the possibility of
alterations to or an expansion of its rail facilities thereon in the future,
including the possibility that the Railway may expand its operation, which
expansion may affect the living environment of the residents
notwithstanding the inclusion of noise and vibration attenuating measures
in the design of the subdivision and individual units, and that the Railway
will not be responsible for complaints or claims arising from the Railway's
use of its facilities and/or operations."
iv) "Purchasers and tenants are notified that the berm, fencing and other noise
attenuation measures are not to be tampered with or altered and further
that the Owner shall have the sole responsibility for and shall maintain
these measures to the satisfaction of the (Canadian Pacific) St. Lawrence
& Hudson Railway."
Conditions of Approval - 18T -89059
Page 11
g) The Owner agrees to maintain all stormwater management and erosion and
sedimentation control structures operation in good repair during the construction
period, in a manner satisfactory to the Director of Engineering Services and the
Ganaraska Region Conservation Authority.
h) Owner agrees to implement those noise control measures recommended in the
Noise Report required in Condition 79.
i) The Owner agrees to install a noise attenuation barrier and/or a fence along the
mutual property line with the Railway right-of-way to the satisfaction of the
(Canadian Pacific) St. Lawrence & Hudson Railway.
j) The Owner agrees to obtain prior concurrence from the (Canadian Pacific) St.
Lawrence & Hudson Railway and to provide a drainage report to the satisfaction of
the (Canadian Pacific) St. Lawrence and Hudson Railway for any proposed
alterations to the existing drainage pattern affecting (Canadian Pacific) St.
Lawrence & Hudson Railway property.
k) The Owner agrees to construct a 1.83 metre high chain link fence along the
common property line of the (Canadian Pacific) St. Lawrence & Hudson Railway
and the subdivision. The Owner shall also agree to include a covenant running
with the lands, in all deeds obliging the purchasers of the land to maintain the
fence in a satisfactory condition at their expense.
85. Prior to final approval of this plan for registration, the Director of Planning Services for
the Municipality shall be advised in writing by:
a) The Reaional Municipality of Durham, how Conditions 4, 5, 27, 71, 72 and 79 to
81 have been satisfied;
b) The Ganaraska Reaion Conservation Authority, how Conditions 73 to 77 have
been satisfied;
c) The (Canadian Pacific) St. Lawrence Hudson Railwav, how Conditions 84 i) and
84 j) have been satisfied;
d) The Kawartha Pine Ridae District School Board, how Condition 78 has been
satisfied;
e) The Ministry of Citizenship. Culture and Recreation, how Condition 72 has been
satisfied;
f) The Ministry of Transportation, how Conditions 82 and 83 have been satisfied;
g) The Ministry of the Environment, how Condition 71 has been satisfied.
Conditions of Approval-18T-89059
Page 12
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within six years 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.
2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft approval
will be reviewed periodically and may be amended at any time prior to final approval.
The Planning Act provides that draft approval, may be withdrawn at any time prior to
final approval.
3. In consideration of the number of conditions which require the developer to up front
servicing and transportation infrastructure which benefits adjacent land owners, the
Municipality will entertain the preparation of a front-end agreement, at 100% the
expense of the Owner, in accordance with the Development Charges Act. All costs
associated with the preparation of the agreement to be borne by the proponent.
4. All plans of subdivision must be registered in the Land Titles system within the Regional
Municipality of Durham.
5. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies in order
to facilitate their clearance of conditions for final approval of this plan.
Conditions of Approval - 18T -89059
Page 13
Attachment 4
To Report PSD-109-06
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2006-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town
of Newcastle to implement application ZBA 2006-0015;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 12.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE ONE (R1)
ZONE" is hereby amended by adding thereto, the following new Special
Exception 12.4.67 as follows:
"12.4.67
URBAN RESIDENTIAL EXCEPTION (R1-67) ZONE
Notwithstanding Section 12.2 d) i) and ii) those lands zoned R1-67 on the
Schedules to this By-law shall also be subject to the following zone regulations:
a) Yard Requirements (minimum)
i) Setback from the St. Lawrence & Hudson
Railway Right-of-Way
30.0 metres
ii)
Front yard
4.5 metres minimum
7.5 metres maximum
iii)
Exterior side yard
4.5 metres minimum
7.5 metres maximum
b) All Garage Doors must be setback a minimum 0.5 metres in relation to the
front wall or exterior side wall of the dwelling. In no case shall the garage
door be closer than 6.0 metres from the front lot line or exterior side lot line."
2. Section 13.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE TWO (R2)
ZONE" is hereby amended by adding thereto, the following new Special
Exception 13.4.44 as follows:
"13.4.44
URBAN RESIDENTIAL EXCEPTION (R2-44) ZONE
Notwithstanding Sections 13.2 a), b), c) ii), and iii); and h) those lands zoned R2-
44 on the Schedules to this By-law shall also be subject to the following zone
regulations:
a)
Lot Area (minimum)
300 square metres
c)
Lot Frontage (minimum)
i) Interior lot
ii) Exterior lot
Yard Requirements (minimum)
i) Setback from the St. Lawrence & Hudson
Railway Right-of-Way
10.0 metres
13.3 metres
b)
30.0 metres
- 2 -
ii)
Exterior side yard
6.0 metres to private garage
or carport and 4.5 metres to dwelling
iii)
Interior side yard
with attached private garage or
carport 1.2 metres on one side and 0.6
metres on the other side; without
an attached private garage
or carport 3.0 metres on one side
and 0.6 metres on the other side
d) Garage Requirements
i) All garage doors shall be located no closer to the street line than
the dwelling's front wall or exterior side wall or covered porch
projection;
ii) The outside width of the garage shall be a maximum of 40% of the
width of the lot frontage".
3. Section 13.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE TWO (R2)
ZONE" is hereby amended by adding thereto, the following new Special
Exception 13.4.45 as follows:
"13.4.45 URBAN RESIDENTIAL EXCEPTION (R2-45)
Notwithstanding Sections 13.2 c) ii) and iii) and g) those lands zoned R2-45 on
the Schedules to this By-law shall also be subject to the following zone
regulations:
a) Yard Requirements (minimum)
i)
Setback from the St. Lawrence & Hudson
Railway Right-of-Way
30.0 metres
ii)
Exterior side yard
6.0 metres to private garage
or carport and 4.5 metres to dwelling
iii)
Interior side yard
with attached private garage or
carport 1.2 metres on one side and
0.6 metres on the other side without
an attached private garage or carport
3.0 metres on one side and 0.6
metres on the other side
b) All garage doors shall be located no closer to the street line than the
dwelling's front or exterior side wall or covered porch projection."
4. Schedule "5" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Urban Residential Exception (R 1-20) Zone" to "Holding-Urban Residential
Exception ((H)R2-44) Zone";
"Urban Residential Exception (R 1-20) Zone" to "Holding-Urban Residential
Exception ((H)R1-67) Zone";
"Urban Residential Exception (R2-5) Zone" to "Holding-Urban Residential
Exception ((H)R2-44) Zone";
- 3 -
"Urban Residential Exception (R1-43) Zone" to "Holding-Urban Residential
Exception ((H)R2-44) Zone";
"Urban Residential Exception (R2-13) Zone" to "Holding-Urban Residential
Exception ({H)R2-44) Zone";
"Urban Residential Exception (R1-43) Zone" to "Holding-Urban Residential
Exception ({H)R2-44) Zone";
"Urban Residential Exception (R1-43) Zone" to "Holding-Urban Residential
Exception ((H)R2-4) Zone";
"Urban Residential Exception (R1-43) Zone" to "Holding-Urban Residential
Exception ({H)R1-67) Zone";
"Urban Residential Exception (R2-13) Zone" to "Holding-Urban Residential
Exception ({H)R1-67) Zone";
"Urban Residential Exception (R2-13) Zone" to "Holding-Urban Residential
Exception ({H)R2-45) Zone";
"Holding - Urban Residential Type Two ((H)R2) Zone" to "Holding-Urban
Residential Exception ({H)R1-67) Zone";
"Holding - Urban Residential Type Two ({H)R2) Zone" to "Holding-Urban
Residential Exception ((H)R2-44) Zone";
"Holding - Urban Residential Type Two ({H)R2) Zone" to "Holding-Urban
Residential Exception ({H)R2-45) Zone";
"Urban Residential Exception (R2-12) Zone" to "Holding-Urban Residential
Exception ({H)R1-67) Zone";
"Holding - Urban Residential Type One ({H)R1) Zone" to "Holding-Urban
Residential Exception ((H)R2-45) Zone";
"Holding - Urban Residential Type One ((H)R1) Zone" to "Holding-Urban
Residential Exception ((H)R1-67) Zone";
"Holding - Urban Residential Type Three ((H)R3) Zone" to "Holding-Urban
Residential Exception {(H)R2-45) Zone";
"Urban Residential Exception (R2-32) Zone" to "Holding-Urban Residential
Exception ({H)R1-67) Zone";
"Holding - Urban Residential Type Two ((H)R2) Zone" to "Holding-Urban
Residential Exception ((H)R1-67) Zone";
"Urban Residential Type Two (R2) Zone" to "Holding-Urban Residential
Exception ((H)R1-3) Zone";
"Holding - Urban Residential Type Two {(H)R2) Zone" to "Holding-Urban
Residential Exception ((H)R1-3) Zone";
"Urban Residential Exception (R2-32) Zone" to "Holding-Urban Residential Type
Two ((H)R2-45) Zone";
"Urban Residential Exception (R2-32) Zone" to "Holding-Urban Residential Type
Three ((H)R3) Zone";
"Environmental Protection (EP) Zone" to "Holding-Urban Residential Type Three
((H)R3) Zone"; and
- 4 -
"Holding-Urban Residential Type Three ((H)R3) Zone" to "Environmental
Protection (EP) Zone".
5. Schedule "A" attached hereto shall form part of this By-law.
6. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 and 36 of the Planning Act.
BY-LAW read a first time this
day of
2006
BY-LAW read a second time this
day of
2006
BY-LAW read a third time and finally passed this
day of
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule
passed this
II A"
to
of
By-law
2006-
2006 A.D.
,
day
,
J
NEWCASTLE
Patti L. Barrie, Municipal Clerk
John Mutton. Mayor
Schedule "A" Zoning Legend
_ Zoning To Remain "R1"
I I Zoning To Remain "(H)R1"
_ Zoning Change From "(H)R2" To "(H)R1-3"
_ Zoning To Remain "R1-42"
B88881 Zoning Change From "(H)R1" To "(H)R1-67"
trc~cil Zoning Change From "R1-20" To "(H)R1-67"
~ Zoning Change From "R1-43" To "(H)R1-67"
~ Zoning Change From "(H)R2" To "(H)R1-67"
l~.~i.t':'~':'~~:1 Zoning Change From "R2-12" To "(H)R1-67"
~ Zoning Change From "R2-13" To "(H)R1-67"
~A Zoning Change From "R2-32" To "(H)R1-67"
_ Zoning Change From "R1-20" To "(H)R2-44"
_ Zoning Change From "R1-43" To "(H)R2-44"
_ Zoning Change From "(H)R2" To "(H)R2-44"
_ Zoning Change From "R2-5" To "(H)R2-44"
_ Zoning Change From "R2-13" To "(H)R2-44"
_ Zoning Change From "(H)R1" To "(H)R2-45"
_ Zoning Change From "R1-43" To "(H)R2-45"
_ Zoning Change From "(H)R2" To "(H)R2-45"
_ Zoning Change From "R2-13" To "(H)R2-45"
_ Zoning Change From "R2-32" To "(H)R2-45"
_ Zoning Change From "(H)R3" To "(H)R2-45"
_ Zoning To Remain "(H)R3"
_ Zoning Change From "R2-32" To "(H)R3"
_ Zoning Change From "EP" To "(H)R3"
_ Zoning To Remain"EP"
_ Zoning Change From "(H)R3" To "EP"
REPORT NO.: PSD-109-06 PAGE 4
the revised proposal under consideration proposed a total of 676 units. Other minor
adjustments to the plan included road realignments, elimination of the walkway east
of the park and the increase in the frontage of the park from 10 metres to 16 metres
on Street "K".
Following the public meeting the proposed draft plan was further revised to address
some of the concerns raised at the meeting. All on-street townhouse units were
eliminated and replaced with 10 metre and 12 metre minimum frontage single
detached dwelling lots. The application now proposes a total of 665 units.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject lands are mostly agricultural with some of the land being vacant. One
dwelling is located on the subject lands.
3.2 The surrounding land uses are as follows:
North: St. Lawrence & Hudson Railway and Highway 35/115 and beyond,
rural, mostly agricultural lands.
South: A nursing home and existing single detached dwellings.
East: Foster Creek and existing single detached dwellings on North Street
and Remi Court.
West: Two dwellings and agricultural lands. Rudell Road is only partially
opened along the west property limit.
4.0 PROVINCIAL POLICY STATEMENT
4.1 The policies of the Provincial Policy Statement (PPS) consider Newcastle Village a
settlement area. Settlement areas shall be the focus of growth. Land use patterns
within settlement areas shall be based on densities and a mix of land uses which
efficiently use land and resources, infrastructure and public service facilities. The
housing policies of the PPS require the Municipality to maintain, at all times, the
ability to accommodate residential growth for a minimum 10 years through lands
designated for residential use and/or redevelopment/intensification opportunities; as
well as land with servicing capacity sufficient to provide at least a 3 year supply
through draft approved/registered subdivision plans and/or lands that can facilitate
redevelopment/intensification. The PPS states that planning authorities shall
support energy efficiency and improved air quality.
The proposed revised plan of subdivision is consistent with the PPS.
REPORT NO.: PSD-109-06 PAGE 5
5.0 OFFICIAL PLAN CONFORMITY
5.1 Durham Regional Official Plan
The lands are designated as Living Area and Major Open Space. The Living Area
designation permits the development of communities with defined boundaries,
incorporating the widest possible variety of housing sizes, types and tenure. The
Major Open Space designation incorporates the Foster Creek valley lands. These
lands are not proposed for development. The applications conform.
5.2 Clarington Official Plan
The lands are designated Urban Residential Area and Environmental Protection
Area in the Newcastle Village Urban Area. The lands are within the Foster
Neighbourhood. The north-east portion has an approved Neighbourhood Design
Plan in accordance with Council-adopted policies. Medium density residential
symbols are at the northeast corner of the King Avenue West and Rudell Road
intersection and northwest of where Foster Creek intersects with King Avenue West.
The lands also contain a public elementary school and a neighbourhood park
designation.
An east - west collector road is designated from Regional Road 17 to west of Rudell
Road. This will form a continuation of the existing Grady Drive across the Foster
Creek providing access to the neighbourhood other than from King Ave. North –
south collector roads are designated from King Avenue West at both Rudell Road
and the extension of Massey Drive.
The Foster Creek valley is designated Environmental Protection and is identified as
a significant valleyland. An Environmental Impact Study was undertaken previously
and this development does not negatively impact the environment.
The applications conform.
6.0 FOSTER NORTH NEIGHBOURHOOD CONCEPT PLAN
6.1 Council considered the Foster North Neighbourhood Design Plan prior to draft
approval of the original plans of subdivision.
The plan was approved for the area bounded by Rudell Road to the west, Highway
35/115 and the railway to the north, the Foster Creek Valley to the east and King
Avenue to the south. The current amendment to draft approval and rezoning
requires amendments to the Plan in terms of number of units, lot location and street
pattern. The plan contained in Attachment 2 is the revised neighbourhood design
plan which will be approved by the Director of Planning Services and the Director of
Engineering Services.
REPORT NO.: PSD-109-06 PAGE 6
7.0 ZONING BY-LAW COMPLIANCE
7.1 Within Comprehensive Zoning By-law 84-63, the lands are zoned to implement the
two previously approved draft plans of subdivision. Revisions, as envisioned in the
proposed amended draft plan of subdivision plan, necessitate some revisions to the
zoning for the subject lands, hence, the rezoning application.
8.0 PUBLIC SUBMISSIONS
8.1 Public Meeting and Resident Issues
8.1.1 A Public Meeting for the Rezoning and proposed Amendment to Draft Approved
Plan of Subdivision was held on September 5, 2006. Nine (9) objectors spoke at the
meeting.
The first objector filed a petition signed by area residents in opposition to the Grady
Drive bridge and related extension of Grady Drive.
Other issues highlighted included increased traffic volumes and noise, potential
accidents at the intersection and impact of the bridge construction. Other issues
raised during the public meeting included:
?
Increased traffic including along Grady Drive extension
?
traffic “shortcutting”
?
road improvements anticipated to be required at Grady Drive as it intersects
with Manvers Road and North Street
?
environmental impacts on Foster Creek
?
smaller lot sizes in the subdivision
?
loss of “Village appeal”
?
loss of farmland
?
“bridge” becoming a “hang-out” and being subjected to graffiti
?
maintenance of municipal infrastructure
?
“lack of sidewalks” on North Street
?
stormwater management pond monitoring and maintenance
8.1.2 One resident stated she had not received notification. That resident lives 220
metres from the closest point in the subject lands, outside of the 120 metre
notification area. However, for this reason, signs were posted on the property to
provide additional notification.
8.1.3 One resident inquired, over the phone, whether there would be fencing at the east
end of the property by the Foster Creek valley lands. They were advised of the
Municipality’s requirement for a 1.2 metre (4 foot) chain link fence along the rear
yards of new residential properties.
REPORT NO.: PSD-109-06 PAGE 7
8.1.4 One letter of objection was received from a resident stating concern with Grady
Drive, the bridge and the extension, the traffic flows they would create, and the need
they would create for traffic signals at the North Street/King Avenue West and the
Grady Drive /Manvers Road intersections.
8.2 Public Information Centre
8.2.1 A public information centre was held on Tuesday September 19, 2006 at 7:00 p.m.
in the Newcastle Community Hall. Approximately 50 people attended the meeting.
Staff provided an overview of the application as revised, as well as an overview of
the Clarington Official land use designation and transportation requirements for the
subject lands.
8.2.2 At the Public Information Centre, a number of issues were raised. Paramount was
the question of traffic impacts, particularly on the existing Grady Drive, North Street
and Manvers Road. The King Avenue West/North Street intersection was widely
considered to be already dangerous, particularly with the intersection sight lines and
the nearby GO bus stop. Some residents asserted, parking violations are common
in the area, and if By-Law Enforcement cannot keep up with existing problems now
what will they do when this subdivision is built?
There was much criticism of the proposed amendment’s additional 125 units and the
related smaller lot areas and frontages. There were concerns that there would not
be real architectural controls in place and that smaller lots were not part of the
character and identity of Newcastle Village. The reduction in 15 metre lots from the
2004 draft approved plans was strongly opposed.
Claims were made that Newcastle Village lacked the infrastructure to support such a
development given that it has a volunteer fire department and existing roads that will
have to be upgraded including the addition of sidewalks on streets such as North.
The proposal was also considered by some to be detrimental to existing property
values.
In short, it appeared the large majority of attendees would accept only the draft
approved plan.
9.0 AGENCY COMMENTS
9.1 The applications were circulated to various agencies and other departments by
Planning Services.
9.2 Veridian Connections noted electricity is available on King Avenue West and
REPORT NO.: PSD-109-06 PAGE 8
extensions to the subject lands are to be underground. Existing Veridian
infrastructure on Rudell and Given Roads may have to be relocated/replaced at the
Applicant’s cost, and the Applicant must obtain the Corporation’s specific approval
for the electric service arrangements which includes the signing of a construction
agreement. Other comments were the granting of a standard occupation easement,
registered on title, for switchgear; and warning to provide for construction worker
safety and the security of the electrical system. Veridian Connections has no
objection to the proposed development but electrical drawings are required six
months before the electrical servicing date, and if the development is constructed in
phases, then an overall servicing plan must be prepared to identify future servicing.
9.3 Emergency & Fire Services noted turning access is to be provided for dead-end
streets greater than 90 metres.
9.4 The comments of Clarington Engineering Services are summarized as follows:
9.4.1 Phasing Plan
A revised phasing plan will be required from the Owner. The revised phasing
plan must address the existing dwellings on Given Road, and demonstrate how
the various road accesses to each property will be accommodated at each
phase of development.
9.4.2 Street A (Massey Drive Extension)
The intersection of King Avenue West and Street ‘A’ (Massey Drive Extension)
must be reconstructed including the installation of traffic signals prior to the
issuance of any building permits within that phase of the proposed development
that requires access via the Massey Drive extension.
9.4.3 Grady Drive Extension
The future phase, which requires the construction of the Grady Drive Bridge,
cannot proceed until the Municipality has approved the expenditure of funds for
the construction of the crossing.
9.4.4 Rudell Road
A portion of Rudell Road is an unopened road allowance. The portion located
south of Grady Drive extension is designated as a collector street in the Official
Plan. The applicant will be responsible for 50% of the cost of Rudell Road
infrastructure to a municipal local standard for the length which provides
frontage to the lots on Rudell Road. The phase of the development which
requires access from Rudell cannot proceed until the Municipality has approved
the expenditure of funds for the construction of Rudell Road. Should the
development proceed prior to the approval of funds by the Municipality the
developer will be responsible for 100% of the cost of the construction of Rudell
REPORT NO.: PSD-109-06 PAGE 9
Road. The Owner must provide a functional plan that accommodates future
traffic signals at the above intersection.
The west side of Rudell Road must be fully serviced with water, sanitary sewer
and storm sewer for any future lots which may front onto this street, and any
other streets that may intersect with this street must be “stubbed” for water,
sanitary sewer and storm sewer to the satisfaction of the Director of Engineering
Services.
9.4.5 Given Road
The ultimate development scenario may see portions of Given Road legally
closed in the future and conveyed into private ownership. It will be necessary to
resolve numerous issues pertaining to Given Road prior to final approval for
development. Any proposed road closures must be approved by Council. The
applicant will be responsible for 100% of all costs, financial and otherwise,
needed to meet this requirement.
The subject development will necessitate the physical closure of Given Road at
Street ‘A’ (Massey Drive Extension) to create a cul-de-sac. Any portions of
Given Road that are designated to remain open as a travelled road may require
upgrades or improvements.
9.4.6 Westerly Townhouse Block 581
No development of Block 581 or other adjacent land will be permitted until such
time as the applicant has acquired all of the lands necessary for the entire
medium density development. The townhouse blocks must be developed with
private internal road accesses.
9.4.7 Stormwater Management
The Owner must submit a stormwater management implementation plan which
provides for the ultimate development of the development’s west end.
The Owner agrees that stormwater drainage works and facilities necessary for
this development must be constructed in accordance with the Foster Creek
Subwatershed Planning Study, dated March 2001, The Owner will be
responsible for 100% of the cost stormwater management facilities and a
monitoring and maintenance program for same facilities.
9.5 The Public School Board requests the school site remain as a 6 acre lot and that it is
understood the adjacent lot is for a 5 acre park.
9.6 The Ganaraska Region Conservation Authority noted they had conditions of draft
approval. They included: that prior to final approval and to any site grading taking
REPORT NO.: PSD-109-06 PAGE 10
place, the Owner must prepare a detailed Stormwater Management Report in
accordance with the Foster Creek Subwatershed Planning Study and the 2003 MOE
Stormwater Management Planning and Design Manual, to the satisfaction of the
Authority; the Owner must detail in a report the means whereby erosion and siltation
will be minimized and contained on site both during and after the construction
period, to the satisfaction of the Authority; the Owner must prepare an
Environmental Assessment to assess potential hydrological and biological impacts
of the west pond draining to a tributary of Wilmot Creek and develop mitigative
measures, monitoring requirements and potentially, compensatory works, to the
satisfaction of the Authority; the Owner shall agree in the subdivision agreement to
implement the recommendations and measures contained within the above reports
and study; the Owner shall agree in the subdivision agreement to maintain all
erosion and siltation control devices in good repair during construction, in a manner
satisfactory to the Authority; and the Owner shall obtain all necessary Authority
permits.
9.7 The Separate School Board noted they operate St. Francis of Assisi Elementary
School on Rudell Road South and that many of the subdivision’s future residents will
utilize the school and therefore, the Board requires accessible sidewalks with curb
cuts be constructed on at least one side of each new street.
9.8 Durham Region comments note requirements for archaeological resources
preservation, a revised acoustic report, and site contamination clearance including
the requirement for a Record of Site Condition (RSC).
The subject lands can be serviced by connection to the existing watermains on King
Avenue West, Massey Drive and Rudell Road. A 400mm watermain will be required
through the subject lands from the existing 400mm watermain on King Avenue West
at the east limit of the Plan to the existing 200mm watermain at the Rudell
Road/King Avenue West intersection. A minimum 6m wide easement will be
required through proposed Block 582 for the required 400mm watermain.
Remaining watermains within the development are to be sized to meet maximum
day flows and fire protection. A minimum 300mm watermain will be required to
service institutional and commercial land uses.
The Foster Creek trunk sewer system is under construction on Edward, Church,
Baldwin and North Streets and when completed reserve capacity will be available
for the subject lands. The development must connect to the existing 300mm
sanitary sewer on King Avenue West, to the west of Foster Creek. A small area in
the southwest quadrant is tributary to the Rudell Road sanitary sewer and this area
must be minimized with reasonable sewer depths draining to the Foster Creek trunk
sewer system. The subject lands may be dependent upon a further extension of the
Foster Creek trunk sanitary sewer southwesterly from Highway 401 to the existing
Wilmot Creek Water Pollution Control Plant. The project is tentatively scheduled for
construction from 2011 to 2015 subject to Council approval of the Capital Budget in
preceding years. A minimum 9.0 m wide easement will be required, depending on
REPORT NO.: PSD-109-06 PAGE 11
sewer depth, through Block 582 to service the subject lands with sanitary sewer.
The allocation of reserve plant capacity for the development may be required in
phases given the development’s magnitude and will be allocated through a Durham
subdivision servicing agreement.
9.9 The Ministry of Transportation – Ontario (MTO) has confirmed their 2002 comments
still apply. The Ministry had two conditions of draft approval: that prior to final
approval, the Owner shall submit to the Ministry for approval, a copy of an
illumination plan and calculations; and that a 0.3 metre reserve extending across the
Highway 35/115 frontage be conveyed by deed to the Ministry.
9.10 Durham Region Transit (DRT) remarked that it does not currently service the area;
although future service would likely be on King Avenue West. There will be
consideration for the introduction of fixed route service within the development on
designated collectors, if necessary to achieve the 400m coverage of DRT service
standards; the development of lands abutting King Avenue West should
accommodate transit services including bus bays at major intersections; and the
public secondary school site plan should have road allowance bus bays for “school
specials”.
9.11 St. Lawrence & Hudson (Canadian Pacific) Rail did not comment.
10.0 STAFF COMMENTS
10.1 The current application has been revised several times since its submission in late
April. The most recent revision deleted the street townhouses and replaced them
with 10 metre and 12 metre single detached lots. The table below shows revisions
in terms of the unit type and numbers.
Lot Type Number of Units Proposed
Lot Frontage Initial Submission Public Meeting Recommended
April 2006 August 2006 September 2006
15.0 m singles 141 141 145
12.0 m singles 204 206 211
10.0 m singles 222 216 224
Street
28 28 0
Townhouse
Medium
107 85 85
Density Blocks
Total Units 702 676 665
10.2 A primary concern of residents has been the change in the type of single
detached dwellings within the draft plan of subdivision. The number of units
proposed for this development is within the housing targets for this
REPORT NO.: PSD-109-06 PAGE 12
Neighbourhood as contained in the Clarington Official Plan. Furthermore, the
density is similar to Dunbury development in Newcastle Village, south of King
Avenue and east of Mill Street. The residential density for the subject lands is
15.11 units per gross hectare whereas the density of the Dunbury Subdivision at
14.95 units per gross hectare.
10.3 Since the original draft approval of the two plans within the Foster
Neighbourhood, the Municipality has acquired land for a Community Park, south
of King Ave and west of Rudell Road, also within the Foster neighbourhood.
The Municipality acquired more land than was originally planned for the
Community Park. Therefore, although the population target for the
neighbourhood has not changed, the amount of vacant designated residential
land is less than previously expected. This has allowed an increase in the
overall density on the vacant residential land in the neighbourhood from that
previously approved.
10.4 The revised proposal has a greater variety of lot sizes. Healthy, inclusive
communities have a broad range of housing types and tenure opportunity. The
increased number of 10 m frontage lots provides greater opportunity for first time
home buyers than was originally possible with a plan based on a higher
concentration of 15 m frontage lots. The revised proposal also provides for a
better use of existing and planned infrastructure consistent with the Provincial
Policy Statement and closer to conforming with the Places to Grow Growth Plan.
Reducing sprawl and minimizing the loss of agricultural lands requires, as a
minimum, building at higher densities.
10.5 Many concerns have been raised about the planned Grady Drive crossing of the
Foster Creek. This crossing was contained in the Town of Newcastle Official Plan
dating back to the early 1980's. The crossing is shown in the current Clarington
Official Plan and the Foster North Neighbourhood Design Plan. A road allowance
has been reserved in the existing plan of subdivision which comprises the existing
segment of Grady Drive and Remi Court. The crossing was considered and
supported through the Foster Creek Subwatershed Study and Environmental
Impact Study. From a transportation perspective the crossing is required to link the
Foster North Neighbourhood with a north-south collector road and provides
alternatives to King Avenue West for future traffic movements. Multiple access
points to the lands west of Foster Creek north of King Ave allows traffic to disperse
rather than focus on one road. It is also important for students and school buses to
access the future school.
10.6 The Owner will be required to pay for a traffic study that will assist in determining
appropriate traffic calming measures as well as upgrades and improvements to the
existing road network that the development will connect with. The intersection of
Manvers Road/ North Street/Grady Drive will be reviewed in this light. In addition
traffic signals will be installed where warranted as traffic from the development
increases in the area. The conditions of draft approval require the developer to
seek input from area residents on the results of the traffic study and proposed traffic
REPORT NO.: PSD-109-06 PAGE 13
calming measures at a public information centre. Staff would participate in this
process.
10.7 Residents have expressed concern that approving the proposed development with a
reduced number of 15 m frontage lots, from that which was originally draft approved,
will take away from the "Village" character. The village character was not specifically
identified beyond lots with larger frontages. However, the residential character of
the Newcastle Village which is typically considered most attractive is contained in
the older part of Newcastle Village, an area defined by grid streets with interesting
streetscapes and large trees; houses with varied architectural style; and civic or
institutional focal points. Lots that provide a minimum 15 m frontage, but do not
have interesting streetscape, large trees and varied architecture and although part
of the village do not specifically add to the village character.
10.8 Conditions of draft approval require the Owner to submit for approval by the
Municipality, in addition to the typical landscape plan, a plan detailing the
subdivision's visual themes for the development. In addition, rather than the
Municipality’s generic architectural design guidelines, the Owner will be responsible
for the cost of Architectural Design Guidelines specific to this development which
ensure the development is consistent with character of Newcastle Village. These
documents will assist in developing the public and private realms of this
development to the highest standards and incorporate elements that build on the
village character.
10.9 A new condition has been added requiring the developer to prepare an energy
management plan addressing the proposed energy conservation features in the
development.
10.10 Clarington Finance advises that for the subject lands all taxes have been paid.
11.0 CONCLUSIONS
11.1 The proposal has been reviewed in consideration of the comments received from
area residents, the circulated agencies, Provincial Policy, and the Clarington Official
Plan. Based on the comments provided in this Report, staff respectfully recommend
that staff be authorized to approve the modifications to the Foster Creek
Neighbourhood Design Plan; that the proposed amendment to draft approved plan
of subdivision 18T-89059, which incorporates draft approved plan of subdivision S-
C-2000-001, be approved subject to the conditions of draft approval contained in
Attachment 3; and the zoning by-law amendment as contained in Attachment 4, be
APPROVED.
REPORT NO.: PSD-109-06 PAGE 14
11.2 The proposal has been reviewed in consideration of the comments received from
area residents, the circulated agencies, the Clarington Official Plan, Zoning By-law
84-63 and the Foster Neighbourhood Design Plan.
11.3 Based on the comments provided in this Report, staff respectfully recommends that
the proposed amendment to draft approved plan of subdivision 18T-89059 which
incorporates draft approved plan of subdivision S-C-2000-001, the conditions of
draft approval contained in Attachment 3 and zoning by-law amendment as
contained in Attachment 4, be APPROVED.
______________________________________________________________________
Attachments:
Attachment 1 - Revised Neighbourhood Design Plan
Attachment 2 - Site Location Key Map and Revised Subdivision Plan
Attachment 3 - Revised Conditions of Draft Approval
Attachment 4 - Zoning By-law Amendment
Interested parties to be notified of Council’s decision:
Hannu Halminen David Rochon
Mike Dome John and Suzanne
Dennis Rudman Tigwell
Wylma Allin Mr. and Mrs. Verburgh
Melody Austin-Wood Pete and Ann Thorne
Kevin Tunney L. Halvorson
David and Pearl Rickard Bruce and Isabel Hart
Bill Creamer
Grant van Dyken
Sherri Farrell
Cameron Mountenay
Richard Wichett
Tracy Howe
Jim Barchard
Mabel Low
Chris Barber
Larry Brunt
Randy Hancock
Dan Sturrock
Arlene Malcolm
Bob and Daniele
Stephenson
Peter De Jong
Don and Nancy Marks
David and Shirley Lee
Margaret Maskel
Lynn Helpard