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HomeMy WebLinkAboutPD-70-99 . '.\ ON: PO-7~99 Meeting: Date: Report #: Subject: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT . General Purpose and Administration Committee File# Monday, June 21,1999 Res. # PD-70-99 File #: DEV 95-020 & 18T-95029 By-law # REZONING AND PLAN OF SUBDIVISION APPLICATION APPLICANT: BLACK CREEK DEVELOPMENTS LIMITED PART LOTS 29/30, CONe. 3, FORMER TOWNSHIP OF DARLINGTON FILE NO.: DEV 95-020; 18T-95029 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. r---- 2. I 1 4. L-_ -- ~. _THAT RepdrtPD=70-991lereceived; THAT the draft plan of subdivision application 18T-95029 filed by D. G. Biddle and Associates on behalf of Black Creek Developments be recommended for approval to Durham Region Planning Department subject to the conditions contained in Attachment No.3 of this report; 3. THAT the rezoning application DEV 95-020 submitted by D. G. Biddle and Associates on behalf of Black Creek Developments be APPROVED and that the amending by-law attached hereto be forwarded to Council for adoption; THAT a by-law to remove the (H) Holding Symbol be forwarded to Council at such time as the conditions of draft approval have been satisfied; and 5. rTHA Tall interested parties listed in this report and any delegations be advised of C:otlncil's decision. APPLICATION DETAILS 1. 1.1 Applicant: D. G. Biddle and Associates 1.2 Owner: Black Creek Developments Limited 1.3 Rezoning: From - Urban Residential Type One, Holding - Urban Residential Type Four ((H)R4), Agricultural (A), Agricultural Exception (A-8) and Environmental Protection (EP). ~ 1311 . .', .! , REPORT PD-70-99 PAGE 2 1.4 Area: To - a zone appropriate to permit the development of 115 residential units comprising of 38 - 15 metre single family detached units, 39 - 12 metre single detached units and 38 semi-detached units. In addition, a block for parkland (0.48 ha) has been provided as well as an open space block (4.77 ha) 14.32 ha 2. LOCATION 2.1 The subject lands are located in Part of Lots 29 and 30, Concession 3, former Township of Darlington. The municipal address of the property is 3200 Courtice Road. The lands are situated just north of Jane Avenue, Glenview Road and Westmore Street in Courtice (Attachment No.1). To the west of the subject property is a registered plan of subdivision 18T-91 006. 3. BACKGROUND 3.1 On March 28, 1995 Staff received an application (DEV 95-020) to amend the Municipality's Comprehensive Zoning By-law to permit this residential development. On April 5, 1995 the Municipality received correspondence from the Region of Durham stating that a subdivision application (18T-95029) had been submitted for the subject lands. 3.2 The original application comprised 144 medium density units, 10 - 15 m single detached units, 34 - 12 m single detached units and 28 - 9 m detached units for a total of 216 units. The original application did not have any dedicated parkland and had 3.14 ha of open space/valley lands. Numerous revisions have been made to the plan of subdivision and the plan now reflects the recommendations of the Environmental Impact Study, the traffic study, public input and Council Resolution "GPA 270-99 to 289-99" dealing with "Parking in Residential Areas". Generally, ~ 1512 ., . J REPORT PD.70.99 PAGE 3 with each reiteration of the plan of subdivision more open space and parkland was provided and fewer residential units were proposed. 3.3 Numerous residents spoke out at the original public meeting held on July 10, 1995 and at subsequent public meetings. Many of the concerns expressed at these meetings are detailed in Section 7.2 of this Report. 3.4 Due to the environmental sensitivity of the lands, the site was subject to an Environmental Impact Study. The study has been completed and the results have been expressed in Staff Report PD-59-98 heard on May 4, 1998. Section 9.1 of this report briefly summarizes some of the key elements of this EIS. 4. EXISTING AND SURROUNDING USES Existing Uses: Surrounding Uses: Vacant East West - Vacant and existing residential Registered Plan of Subdivision 18T-91006 and existing residential Woodlot and existing residential Existing residential North - South - 5. OFFICIAL PLAN POLICIES 5.1 The subject lands are designated "living Area" in the Durham Region Official Plan. Within the Clarington Official Plan, the subject lands are designated "Urban Residential", "Medium Density Residential" and "Environmental Protection Area". lands designated "Urban Residential" shall not exceed a density of 30 units per net hectare. Lands Designated "Medium Density Residential" shall not exceed a density of 60 units per net hectare. The density identified in the C1arington Official Plan largely recognized the higher density allocated to the lands in the previous Town of Newcastle Official Plan. In consideration of the environmental sensitivity of the ~ 1j13 ..... ~ J REPORT PD-70-99 PAGE 4 lands and the revisions made to the plan to meet the new "residential parking area" requirements, the medium density component of this application has been removed from the plan of subdivision. The tributary and adjacent lands possess the designation of "Environmental Protection". Development including structures, other than flood control structures are not permitted on lands so designated. Development located within or adjacent to a natural feature identified on Map C of the Official Plan must complete an Environmental Impact Study (EIS). Information with respect to the EIS is provided in Section 9.2. 6. ZONING BY-LAW PROVISIONS 6.1 The subject lands are zoned "Urban Residential Type One (R1)", "Holding - Urban Residential Type Four ((H)R4)", Holding - Urban Residential Type Two Exception ((H) R2-3), Agricultural (A), Agricultural Exception (A-B) and Environmental Protection (EP). Lands zoned 'R4' shall be for apartments, lands zoned 'R2-3' will only allow single detached dwellings and lands zoned 'Rl' shall allow single and semi-detached residential units. Agriculturally zoned lands shall be used for farm and farm related purposes. The 'A-B' zone allows a golf course in addition to agricultural operations. The 'EP' zone allows conservation and forestation. 7. PUBLIC MEETING 7.1 As noted earlier in the report, a number of residents provided comments when the original application was submitted. The concerns expressed by the public at the July 10, 1995 Public Meeting and at subsequent meetings, and those concerns identified in various letters, can be summarized into a number of issues. . Environment - Residents expressed concerns about the impact this proposed development would have on the environment, in particular the woodlot that now exists. They were also concerned with a loss of green space, removal of trees, impact on groundwater and impact on air quality. . Wells - The homes in the area are currently on private services (well and septic). Residents are concerned that the proposed development will have a negative impact on their well water. If wells are impacted, residents want assurance that ~ 1) j 4 . , REPORT PD-7o-99 PAGE 5 potable water will be provided with no financial burden placed on them · Traffic - Residents have expressed a great deal of concern with the post development traffic and the construction traffic that would be generated by this development. Their concerns are itemized below: i) the vol ume of traffic; ii) the safety of the children in areas where there currently exist no sidewalks; iii) the ability of the existing condition of the neighbourhood roads to withstand an increase in traffic; iv) who will pay for the cost of improvements made to their street; v) prohibit the extension of Jane Avenue; vi) do not allow the extension of Fourth Street; vii) construction traffic be restricted from travelling the roads in their neighbourhood; viii) Courtice High School and Courtice North Public School are both located on Nash Road. What is the impact on traffic volumes on Nash Road if this development is approved; ix) requested a traffic study be conducted. . Compatibility - Some residents were concerned that the proposed development is not in keeping with the existing neighbourhood. They do not want this development to impact upon the integrity of the area. They would like to see the construction of homes on lots with similar lot sizes to the ones existing today. They are opposed to the higher density components of this proposal. . School Capacity - Some residents have noted that the nearby schools are accommodating students in portables and question whether the schools can support more students. · Emergency Services - A concern was raised that emergency services are limited and that new development would further compromise the delivery of emergency services such as fi re and pol ice protection. · Property Tax - Many were concerned that this development would have an impact on their property taxes. They do not feel that they should contribute any further to the tax base of an increase need for educational and municipal services generated by this development. · Park and Fencing - Residents have asked that a parkette be provided in the neighbourhood and that fencing be erected at the rear of all existing abutting homes prior to on-site construction. ~ 1.5i5 , , REPORT PD-70-99 PAGE 6 8. AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following agencies were circulated: Municipality of Clarington Public Works Department; Municipality of Clarington Fire Department; Ontario Hydro; Peterborough Victoria Northumberland Clarington Separate School Board, Kawartha Pine Ridge District School Board; Central lake Ontario Conservation Authority; Durham Region Planning Department; and Durham Region Works Department. 8.2 The Municipality of Clarington Public Works Department has no objection to the application. The Works Department is satisfied with the traffic study and agree to the recommendations and conclusions contained within that study. The following are conditions which must be satisfied: . That the 0.3 metre reserves be granted to the Municipality free and clear of any encumbrances; . No development will be permitted on Fourth Avenue until the road is physically connected with Jane Avenue. The developer is responsible for 100% of the costs associated to provide the requi red road connections. The cost shall include any works on existing road allowances external to this draft plan which are necessary to accommodate the proposed development traffic. . Prior to the authorization to commence the construction of a phase subsequent to phase 1, the developer shall be prepared to construct George Reynolds Drive to an urban collector standard from the east limit of this plan of subdivision to Courtice Road, or the developer has satisfied the Director of Public Works that he has made every reasonable effort to construct the extension of George Reynolds Drive. . That George Reynolds Drive and Street B be constructed to the east limit of the subdivision. lot 45 will remain frozen until such time that George Reynolds Drive is extended easterly beyond the limits of the plan of subdivision. . The Developer is responsible for the construction of Jane Avenue to an urban road standard from Fourth Avenue northerly to the south limit of this plan of subdivision in order to facilitate the servicing of lot 25 and phase 2 and phase 3. ~ 13] 6 REPORT PD-70-99 PAGE 7 . No development will be permitted until such time as the adjacent draft plan of subdivision 18T-91006 has been constructed in a manner which provides a road connection to Trulls Road via George Reynolds Drive. . The development cannot proceed until the Municipality has approved the expenditure of funds for the provision of road construction and installation of sidewalks on Jane Avenue, Fourth Avenue or Westmore Street, as well as any other external works or services which have been included in the Municipality's Development Charge By-law and have been deemed necessary by the Director of Public Works to service this development. . All stormwater management works are to be constructed to the satisfaction of the Conservation Authority and the Director of Public Works. . A Stormwater Management Implementation Report shall be provided by the applicant for the sequential construction of the stormwater management works necessary for the entire watershed and the report shall address the impacts of developing this plan of subdivision in the absence of the balance of the watershed. Development of this plan of subdivision will not be permitted until all oversized downstream works necessary to accommodate drainage from the subject draft plan have been constructed in a manner satisfactory to the Director of Public Works. . A Master Grading and Drainage plan be prepared detailing the configuration of the on-site storm sewer system and the conveyance of the overland flow from this subdivision. . A walkway shall be constructed on Block 99 to provide a pedestrian connection between Block 98 and the adjoining subdivision to the south. . That Block 100 (park area) and Block 99 be dedicated free and clear of any encumbrances to the Municipality. 8.3 The Central lake Ontario Conservation Authority has no objection to the application. They have stated that the application conforms to the provisions of the Environmental Impact Study and development of the subdivision must follow the recommendations of the EIS and fulfil the requirements of mitigation. Permits will be required and the design of the extension of George Reynolds Drive will be subject to ClOCA approval. The detailed design of the storm water system shall be completed to the satisfaction of the Authority. ~ 13] 7 REPORT PD-70-99 PAGE 8 8.4 The Durham Region Planning Department stated that the application conforms to the EIS and to all relevant policies contained within the Durham Region Official Plan. 8.5 The Durham Region Works Department requested that a number of conditions be included within the subdivision agreement. The conditions include among other things, the financial obligation of the applicant, completion of sanitary sewer and water services design to the satisfaction of the Works Department, and the acquisition and future dedication of all required easements for servicing. These conditions will be incorporated in the Region's conditions of subdivision approval. 8.6 The School Boards have no objection to the application, however they request that sidewalks be provided and that the walkways be completed within the first phase of the subdivision. 9. BACKGROUND STUDIES 9.1 In conjunction with this application, two background studies were conducted. The first study being the environmental impact study as required by the Official Plan. The second study is a traffic study. A neighbourhood design plan has also been completed in accordance with the Clarington Official Plan. 9.2 Environmental Impact Study A four season environmental impact study was conducted for the lands. The study determined that the lands are subject to a high water table and that 7 rare vegetative species were found. Provisions have been incorporated in the draft conditions of approval to ensure the preservation of the rare vegetative species. Extensive hydrogeological work was done and the results of that study determined that the site is a drainage basin in itself and well interference will not occur. The study also concluded that the site does not contribute groundwater directly to Black Creek. ~ 1 j 18 REPORT PD-70-99 PAGE 9 The key recommendation of this study was that development may proceed provided that lands below the elevation of 134 metres remain undeveloped. The report also recommended that only the developable portion of the Plan of Subdivision will be subject to the removal of trees. More information regarding the process and findings of the environmental impact study is available in Report PD-59-98. The EIS made a number of recommendations with respect to methods of mitigation to protect the natural features from the proposed development. Included within these mitigation methods is the staking and relocation of the 7 rare plant species, an environmental construction management plan, and a planting plan for the edge of the stormwater pond. The report also recommended the use of trench plugs, the establishment of a third pipe and foundation weepers, the use of roof leaders and multiple downspouts to ensure the preservation of ground and surface water flow. The movement of water under the extension of George Reynolds Drive shall be facilitated through the use of small horizontal culverts. Also a homeowner education program will be established to educate landowners about the unique sensitives associated with the lands. The program will include policies regarding the disposal of garden refuse and swimming pool water. 9.3 Traffic Study The applicant conducted a traffic study. The traffic study examined 3 scenarios with respect to the impact of future traffic numbers and volumes when the proposed development is built to it's full extent. Scenario 1 - George Reynolds Drive is built only to Jane Avenue, Jane Avenue extends from George Reynolds to Westmore Street and the existing access from Westmore Street to Courtice Road remains open. Scenario 2 - Jane Avenue extends from George Reynolds Drive to Westmore Street, the Westmore Street access to Courtice Road remains open, and George Reynolds ~ REPORT PD-70-99 PAGE 10 Drive is open from Trulls Road to Courtice Road. Scenario 3 - Jane Avenue is open from George Reynolds Drive to Westmore Street, George Reynolds Drive is built from Trulls Road to Courtice Road and the access from Westmore Street to Courtice Road is eliminated. The consultant has determined that Scenario 2 results in better compliance with the transportation policies of the Clarington Official Plan and results in lower traffic volumes along Fourth Avenue. In addition, Scenario 2 results in better connections between the local road network and the boundary roads and provides for a grid street system. The consultants found that Scenario 1 would be acceptable as an interim condition. The traffic study made the following conclusions and recommendations . The additional traffic will not have any operational impact on the existing local road intersections and no road improvements will be required at the Trulls Road/Nash Road or Trulls Road/George Reynolds Drive intersections. . Reconstruction of Fourth Avenue from Nash Road to Westmore Street and the reconstruction of the Fourth Avenue and Westmore Street intersection is required. . Reconstruction of Jane Avenue from the Fourth Avenue extension in the northern limit of the existing neighbourhood and reconstruction of the Jane Avenue and Fourth Avenue intersection will be required. . Sidewalks are to be constructed on Jane Avenue from George Reynolds Drive to the intersection of the Fourth Avenue extension, on Fourth Avenue, from Fourth Avenue (at Jane) to the Nash Road intersection and on George Reynolds Drive, from the western extent of the proposed development to Courtice Road. . All heavy construction vehicles shall not utilize any portion of Westmore Street or the southern portion of Jane Avenue from Fourth Avenue to Westmore Street during construction of the proposed subdivision. ~ 1:520 " . . REPORT PD-70-99 PAGE 11 The cost of road improvements external to this plan of subdivision will be incorporated within a development charge by-law. 9.4 The submission and approval of a neighbourhood design plan is a requirement of the Official Plan. The neighbourhood design plan has been approved by the Director of Planning and the Director of Public Works. Staff Report PD-69-99 provides information regarding the approved neighbourhood design plan. 10. STAFF COMMENTS 10.1 . The appl ication conforms to both the Durham Region Official Plan and the Clarington Official Plan. The proposal is well within the densities permitted and it provides a suitable mix of housing types. 10.2 Revisions to the Proposal This application has been revised significantly since it was originally submitted. The, applicant has reduced the total number of units by 101. There are no longer any medium density units. This plan proposes a 0.48 hectare park and the open space component has increased to 4.77 hectares. The revisions have reflected the conclusions of the Environmental Impact Study, the Traffic Study, comments from the Public, and Council's resolution with respect to parking in residential areas. 10.3 Response to the Public's Concerns With respect to the Public's concerns regarding this proposal Staff have the following comments. · Environment - The residents concerns regarding the environmental impact have been addressed through the environmental impact study. The results of this study have been briefly summarized in Section 9.2 of this report. · Wells - The Regional Well Interference Policy ensures that where a residents well has been adversely impacted upon by a residential development, the resident will either have their well problems corrected or be connected to municipal water supply. However, the Region does not cover the cost of ~1321 . . REPORT PD-7o-99 PAGE 12 bringing the water connection from the road to each individual home. Mr. Halminen has stated that if wells are impacted, he will cover this cost. This is in accordance with municipal policy and would be incorporated into the subdivision agreement. Hence the homeowner does not face any financial burden for providing himself or herself with potable water. · Traffic - A traffic study has been conducted. The results of this study are hilighted in Section 9.3 of this report. Prohibiting the extension of Jane Avenue and Fourth Street would not be in conformity with the Official Plan which promotes grid street patterns and discourages the establishment of cul-de-sacs. · Compatibility - Residents want to see large lots similar to their own within the proposed development. The existing lots located along Jane Avenue, Westmore Street, Fourth Street and Glenview Road are serviced by private services hence requiring a larger lot size. The proposed development will be serviced by municipal water and sewer services and as such, larger lots are not a requirement. The applicant has proposed to locate 50 foot single dwelling lots adjacent to the existing lots rather than build homes on smaller lots. These lots will be subject to a special zone exception whereby only single detached dwellings will be permitted. In addition, the applicant has removed the medium density component entirely from this plan. · School Capacity - The School Boards do not have any objections to the approval of this plan of subdivision. · Emergency Services - The Clarington Fire Department has stated that they have no objection to this application. The fire station is located close to this site and 24 hour fire service is being implemented · Property Tax - Taxes are based upon the need of the Municipality as a whole. Taxes are not based on proximity, and the development of one subdivision will not have a direct impact on the property taxes of adjacent landholders. · Park and Fencing - The Municipality does not require fencing to be erected between residential uses. The Planning Department does not believe that separation or privacy in the form of fencing is needed between land uses that are the same. This does not apply between residential uses parks and open space blocks. In this case, the protection of the environmental features and the encroachment warrant fencing. 10.4 Zonin~ Staff are recommending that the by-law contained within Attachment No.4 to this report be approved. In light of residents concerns, Staff have proposed a specific ~ 1.522 ). . . REPORT PD-70.99 PAGEt3 zone regulation permitting only single detached dwellings and home occupations on the lots located on the extension of Fourth Avenue and on the south portion of the Jane Avenue extension. In addition, it incorporates the recommendation regarding parking in residential areas adopted by Council on May 10,1999. ,...,'. CONCLUSION 11. 11.1 Staff recommend to Durham Region, that the application for draft plan of subdivision (18T-95029) be approved subject to the conditions of draft plan approval as contained in Attachment No.3 to this report. Staff also recommend that rezoning application (DEV 95-020) be approved and the accompanying by-law be passed. . Respectfully submitted, Reviewed by, d V~..-=~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer David J C me, M.C.I.P., R.PJP. Directo f Planning & Development HB*DJC*cc June 17, 1999 Attachment No. 1 Attachment No. 2 Attachment No.3 Attachment No.4 Key Map Proposed Plan of Subdivision Draft Conditions of Approval Proposed Zoning By-law Amendment (Forwarded Separately) Interested parties to be notified of Council and Committee's decision: .. ._~~__~___ ,--',', -"...--- "'"' - ,....~"'"-'"-~._---~..~_..._.._~- _ SUBJECT SITE o <{ o a::: ~ ---1 ::) LOT 30 -' -- ~ I 1/ j /' I I I I 1 ~~ /1 T ( i_ /- , ! LOT 29 ~ ._.~J- LOT 28 o <{ a::: w () I- a::: ATTACHMENT 1 To Re ort PD-70-99 I ~ l z o en , en --, w 'e) -------j Z o e) ~~~r I NASH ROAD I COURTICE KEY MAP [-- ) , - H ---7---- -- ? I / DEV.95-020 1ST -95029 ~. -. 1Je! ~- I 1m I . "'- , i! '. · ~ I l!lj!! II I # Ii! ~ i~ 01 f. ~ lln p' ~:.. n II~ Ii ;;: ii . . , lN3:JS311:) ONiI03 71:)3J Tl-rn T i-T-.--r" ~/~ ATTACHMENT #2 To Report PD-70-99 ~ Ui: to II ~ I;':I! ~ - -I, '! ~ !I !: f"! ~It = ~: ! ~ll!!I! l I ~! ! ~1!i!II~! J, ~~ ~ I ! i -' l !. l. i. j. ;1. l 5 ; I '" .'-!!jl i ~ ~a o! ",m ~::i -~:a- Ii Illli : I !IMi:! II ' - I~l'll'" Idi"!>! I ,ill!!; I IU!!' f I 1Il~ 5 l:;l z !~ t- i i . !1 j_~~.J~ .1 li a. 12~ ..,. , , ~ We ii: . - U r .! I-O>V ..c = CII 4. LL NS~ ...J ~ ! t i~ ~O~!!:~u~ :. ~ !o~d!l5~!; I! w I- I en..... >- ~ II - ~~ ~ r- Nl4li I- il ! ~ !~ id iiS<Xl~" ::;. ~, .j SSV ;;-3~ if~ i~ r ~ ~l- - _ ~ a '; Ii ~ t-ii!~ ~::3 D u I.. _ '" ~ ZC I L~ iil N _ , ";"0 ":0" . . . . - - si!~!!li~ ~~l II "'311 oroll 3:Jl1ynoJ ~1)i8 ~: a.. :1;, Cl I ! i :: :i . ~ li . . Ii I i .. 1,1 " .~A ';'!aii 9~1 ATTACHMENT 113 To Report PD-70-99 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-95029 prepared by D. G. Biddle and Associates dated (revised) January 1999, showing Lots 1 - 29, 39 - 45, 52 - 53 with 15 m lot frontages, Lots 30 - 38, 46 - 51, 54, 66 - 87, 92 with 12 m lot frontages and Lots 55 - 65, 88 - 91, 93 - 96' for semi-detached or linked dwellings, Block 100 for a 0.48 ha park, Block 99 for 4.77 ha of Open Space, Block 101, 102 and 103 to be retained by the applicant, and various blocks for reserve, road widening, site triangle and walkways. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Municipality of Clarington and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 5. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. ....2 -J~l JL'9 - 2- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D) 6. That the Owner shall retain a qualified consultant to prepare a general plan showing buffers and tree removal areas to the Director of Planning and Development for review and approval. The plan shall identify those areas to be preserved and fenced to prevent intrusion of heavy machinery. Trees shall only be removed within the area directly subject to the residential subdivision. 7. All apparent populations of the seven species of regionally significant plants shall be marked (staked) and mapped during the summer. All of the perennial plants deemed to be rare and located within an area of proposed vegetation clearing should be dug up and carefully transplanted into suitable microhabitat locations within the area of forest retention. The soil surrounding the rare annual plants located within an area of proposed vegetation clearing, can be moved to suitable microhabitat locations within the area of forest retention. Also, the seed capsules from these species should be collected, opened and the seeds can be randomly spread near the stormwater pond and in the forest retention area. 8. That a planting plan be developed for the edges of the stormwater management pond and for the wetland remnant adjacent to George Reynolds Drive incorporating the transplanting and seeding of the significant plant species identified in Section 5.2 of the Environmental Impact Study. 9. That an Environmental Construction Management Plan be prepared taking into account all recommendations of the Environmental Impact Study prepared by Gartner Lee and Associates (1998). 10. That the Owner shall dedicate Blocks 99 and 100 to the Municipality free and clear of all encumbrances for park purposes. Block 100 shall be used for park purposes. ~. . 1 ))0 -3- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D) 11. No development will be permitted until such time as the adjacent draft plan of subdivision 18T-91006 to the west has been constructed in a manner which provides a road connection to Trulls Road via George Reynolds Drive. The suitability of any road connection will be subject to the approval of the Director of Public Works. 12. The applicant must provide the Public Works Department with a Stormwater Management Implementation Report, which provides for the sequential construction of the stormwater management works necessary for the entire watershed and addresses the impacts of developing this plan of subdivision in the absence of the balance of the watershed. 13. The applicant will be required to submit a Preliminary Grading and Drainage Plan for the areas adjacent to Jane Avenue and Fourth Avenue. All drainage in these areas must be self-contained. This required Plan must be approved prior to approval of this draft plan. 14. The applicant's engineer will be required to prepare a Master Grading and Drainage Plan that details the configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this subdivision. 15. That 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. J::fl::~ 1))1 -4- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 16. That all easements, road widenings, and reserves as required by the Municipality be granted to the Municipality free and clear of all encumbrances. 17. The 0.3 metre reserves indicated on the draft plan as Blocks 104, 105 and 106 be granted to the Municipality free and clear of any encumbrances and in a form satisfactory to the Municipality's Solicitor. 18. The developer is required to connect this subdivision plan to the existing road network by constructing Fourth Avenue, from and including the intersection of Fourth Avenue and Westmore Street north-easterly, within this plan of subdivision, to and including the intersection of Fourth Avenue and Jane Avenue. 19. Land acquisition will be required to facilitate the construction of Fourth Avenue at Jane Avenue. The developer is responsible for 100% of the costs associated to provide road connections between the subject draft plan and adjacent road network to the south and west. The cost shall include any works on existing road allowances external to this draft plan, which are necessary to accommodate the proposed development traffic, including sufficient road width and an appropriate transition taper to the existing pavement surface, to the satisfaction of the Director of Public Works. 20. No development of any kind will be permitted on Fourth Avenue until such time as the road is physically connected with Jane Avenue to the satisfaction of the Director of Public Works. ~.. . . 1 ))2 -5- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D) 21. That the developer makes every effort to secure the appropriate lands and constructs George Reynolds Drive to an urban collector standard from the east limit of this plan of subdivision easterly to Courtice Road, Regional Road 34. Prior to the authorization to commence the construction of a phase subsequent to phase 1, the developer should be prepared to construct George Reynolds Drive extension, from this plan of subdivision easterly to Courtice Road, Regional Road 34, or that the Director of Public Works is satisfied that the developer has made every reasonable effort to construct the extension of George Reynolds Drive. 22. That the developer is responsible for the construction of Jane Avenue to an urban road standard, from Fourth Avenue northerly to the south limit of this plan of subdivision, in order to facilitate the internal servicing and connection of same between phase 2 and phase 3 of this plan of subdivision and the servicing of Lot 25. 23. George Reynolds Drive and Street B must be constructed to the east limit of the subdivision and Lot 45 will remain frozen until such time that George Reynolds Drive is extended easterly, beyond the limits of this draft plan and is constructed to a finished urban roadway including Regional services, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees and street lighting, for the entire frontage width abutting the "frozen" lot. 24. That the north side of George Reynolds Drive be fully serviced with water, sanitary sewer, storm sewer, hydro telephone and cable television for any developable lands on future lots which may front onto the north side of George Reynolds Drive. -I--'J-1. 1))) -6- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INClUDED IN SUBDIVISION AGREEMENT (CONT'D) 25. That the construction and servicing of this plan of subdivision conform to the phasing plan submitted, approved and on file with the Director of Public Works. 26. This development cannot proceed until such time as the Municipality has approved the expenditure of funds for the provision of road construction and installation of sidewalks on Jane Avenue, Fourth Avenue and Westmore Street, as well as any other external works or services which have been included in the Municipality's Development Charge By-law and have been deemed necessary by the Director of Public Works to service this development. 27. The developer is required to construct the stormwater management works required for this development and specifically, the works proposed in the Stormwater Drainage Report prepared for Birchdale Village dated November 1998 and prepared by D. G. Biddle and Associates and the Black Creek Tributary Master Drainage Plan, dated May 1991 and prepared by G. M. Sernas and Associates. This work shall be constructed to the satisfaction of the Conservation Authority and the Director of Public Works. 28. Development of this plan of subdivision will not be permitted until all stormwater oversized downstream works necessary to accommodate drainage from the subject draft plan have been constructed in a manner satisfactory to the Director of Public Works. 29. Block 97 must align with the location of the existing walkway in the subdivision to the west (18T-91 006). - ". "" .~ 1).)11 -7- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 30. The developer is responsible to construct a walkway on Block 98 and Block 99 to provide a pedestrian connection between adjoining subdivisions to the south. The details of this walkway shall be determined at the detailed engineering stage of this plan of subdivision. 31. The location and design details for all construction accesses to the proposed development must be approved by the Director of Public Works. 32. The applicant must enter into a development agreement with the Municipality, which includes all requirements of the Public Works Department regarding the engineering and construction of all internal works, and services related to this plan of subdivision. 33. A "Staging Plan" shall be included within the subdivision agreement. Any other necessary provisions that will control the sequential development of this subdivision and other adjacent undeveloped lands, shall also be included within the subdivision agreement to the satisfaction of the Director of Public Works. 34. 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 # 92-015 and all applicable legislation and to the satisfaction of the Director of Public Works. 35. That during construction, all heavy construction vehicles shall not use any portion of Westmore Street or the southern portion of Jane Avenue from Fourth Avenue to Westmore Street. >4 1J)] . . -8- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 36. That Blocks 97 and 98 for walkways be constructed in Phase One and transferred to the Municipality free and clear of all encumbrances to the satisfaction of the Director of Public Works. 37. That the Owner shall fulfil the requirements of the Environmental Impact Study as prepared by Gartner Lee and Associates (February 1998) with respect to hydrogeology including the use of roof leaders directed toward the downhill edge of buildings and not directed to the storm sewer system. Multiple downspouts should be used to spread the flow over as wide an area as possible. In addition, one metre long trench plugs located every 10 metres shall be placed along all buried services, including services running from the individual homes where those services exceed 10 metres in length. All trench plugs shall be constructed within the right-of-way. A hydrogeologist shall review and be satisfied with the proposed design. 38. That the Owner shall fulfil the requirements of the Environmental Impact Study as prepared by Gartner Lee and Associates (February 1998) with respect to the establishment of foundation weepers and a third pipe system shall be utilized to direct groundwater downstream. Weeper drains and third pipes shall not be discharged to storm sewers. 39. In order to ensure the movement of water through the wetland crossed by the extension of George Reynolds Drive, small horizontal culverts located at ground level in combination with a large culvert designed to accommodate storm events, shall be installed to the satisfaction of the Conservation Authority and the Municipality. In addition, the use of compacted native material and the use of permeable bedding materials under and along the length of the extension of George Reynolds Drive is required. --,/") //I~. lJJ6 -9- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'Dl 40. That guidelines be prepared to establish a homeowner education program to encourage stewardship of the open space lands and to educate landowners about the unique sensitivities associated with the open space lands. Included in the guidelines shall be policies regarding disposal of garden refuse, and disposal of swimming pool water. In addition, residents should be made conscious of the impact users have on the valleylands. The guidelines shall be provided to all homeowners in their purchase and sale agreement. 41. That 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. 42. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 43. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 44. That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement 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 deposits as may be required by the Municipality. 45. That the Owner shall adhere to architectural control requirements of the Municipality. ~. 1 J.:J7 -10- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 46. That prior to the issuance of building permits, the Owner shall, through its acoustic engineer, to provide a certification to the Director of Planning, certifying that the Builder's plans are in accordance with the Noise Control Report as approved by the Ministry of the Environment and the Municipality of Clarington, if required. 47. 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. 48. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development 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. 49. That the Owner satisfy the Municipality of Clarington Public Works Department, fi nancially and/or otherwise. 50. That the Owner satisfy the Central lake Ontario Conservation Authority financially and/or otherwise. x 1J)O -11- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 51. That the builder include a disclosure in all purpose and sale agreements advising home buyers of municipal parking regulations. 52. That the Owner ensure that on-street parking spaces are appropriately located in the vicinity of dwelling units and are not adversely affected by road geometries. 53. That all single detached and semi-detached/linked dwelling units be constructed with two (2) outdoor parking spaces. 54. That the Owner erect 1.2 metre high chain link fence along the side and rear yards of all residential lots within this plan of subdivision abutting Block 99 and Block 100. 55. The Owner agrees to establish a geodetic benchmark in the vicinity of Trulls Road and George Reynolds Drive which will serve as vertical control for the Glenview Neighbourhood. The Owner will be responsible for 100% of the cost of establishing this benchmark. 56. That the applicant provide the Planning Department, on disk in a CAD format acceptable to the Municipality a copy of the Plan of Subdivision as draft approved and final approved. ~. 1JJl .' ATTACHMENT #4 TO REPORT PD-70-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- being a By-law to amend By-law 84-63, the Comprehensive Zoning Bylaw 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. 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 (R1) Zone", is hereby further amended by adding thereto, the following new Special Exception 12.4.44, as follows: "SECTION 12.4.44 URBAN RESIDENTIAL EXCEPTION (Rl-44) ZONE Notwithstanding the provisions of Sections 12.1 and 12.2, those lands zoned (Rl-44) on the schedules to this By-law shall only be used for a single detached dwelling and a home occupation use in accordance with the provisions of Section 3.11 of this By-law, save and except the retail sale of antiques, arts, crafts, or hobby items. In addition, lands zoned (R1-44) on the schedules to this By-law shall also be subject to the following zone regulations: i) For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a parking space excluding a private garage or carport. ii) Yard Requirements (minimum) a) Front Yard b) Exterior Side Yard 6.0 metres to private garage or carport 4.5 metres to dwelling 6.0 metres to private garage or carport 4.5 metres to dwelling iii) Parking Requirements a) 2 outdoor parking spaces (minimum) b) Where the two outdoor parking spaces are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is 30%. c) The minimum area of a private garage or carport shall be 18.58 square metres and the minimum width shall be 3.0 metres. d) Private garages and carports may extend a maximum of 3.0 metres in front of the dwelling unit." 2. Section "12.4 Special Exception Urban Residential (Rl) Zone", is hereby further amended by adding thereto, the following new Special Exception 12.4.45, as follows: "SECTION 12.4.45 URBAN RESIDENTIAL EXCEPTION (R1-45) ZONE Notwithstanding the provisions of Section 12.2 those lands zoned (R1-45) on the schedules to this By-law shall also be subject to the following zone regulations: 1 J q ,] - 2- iI For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a parking space excluding a private garage or carport. ii) Yard Requirements (minimum) a) Front Yard b) Exterior Side Yard 6.0 metres to private garage or carport 4.5 metres to dwelling 6.0 metres to private garage or carport 4.5 metres to dwelling iii) Parking Requirements a) 2 outdoor parking spaces (minimum) b) Where the two outdoor parking spaces are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is 30%. c) The minimum area of a private garage or carport shall be 18.58 square metres and the minimum width shall be 3.0 metres. d) Private garages and carports may extend a maximum of 3.0 metres in front of the dwelling unit." 3. Section "13.4 Special Exception Urban Residential (R2) Zone", is hereby further amended by adding thereto, the following new Special Exception 13.4.24, as follows: "SECTION 13,4.24 URBAN RESIDENTIAL EXCEPTION (R2-24) ZONE Notwithstanding the provisions of Section 13.2 those lands zoned (R2-24) on the schedules to this By-law shall also be subject to the following zone regulations: i) For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a parking space excluding a private garage or carport. ii) Yard Requirements (minimum) a) Front Yard b) Exterior Side Yard 6.0 metres to private garage or carport 4.5 metres to dwelling 6,0 metres to private garage or carport 4.5 metres to dwelling iii) Parking Requirements a) 2 outdopr parking spaces (minimum) b) Where the two outdoor parking spaces are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is 30%. c) The minimum area of a private garage or carport shall be 18.58 square metres and the minimum width shall be 3.0 metres. d) Private garages and carports may extend a maximum of 3.0 metres in front of the dwelling unit." 4. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone categories from: 1J '+ 1 - 3 - 'Urban Residential Type One (Rl)" to "Holding - Urban Residential Type One Exception ((H)Rl-44)" and "Environmental Protection (EP)" 'Holding - Urban Residential Type Two Exception ((H)R2-3)" to "Holding - Urban Residential Type One Exception ((H)Rl-44)" "Holding - Urban Residential Type Four ((H)R4)' to "Holding - Urban Residential Type One ((H)Rl)", "Holding - Urban Residential Type One Exception ((H)Rl-45)", "Holding - Urban Residential Type Two Exception ((H)R2-45)", "Environmental Protection (EP)" and "Agricultural (A)" "Environmental Protection (EP)" to "Holding - Urban Residential Type One ((H)Rl), Holding - Urban Residential Type One Exception ((H)Rl-44)", "Holding - Urban Residential Type Two Exception ((H)R2-24)" and "Agricultural (A)" Agricultural Exception (A-B)" to "Holding - Urban Residential Type One Exception (H)Rl-45)" and "Environmental Protection (EP)" 5. Schedule "N attached hereto shall fonm 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 of the Planning Act. BY-LAW read a first time this day of 1999. BY-LAW read a second time this day of 1999. BY-LAW read a third time and finally passed this day of 1999. MAYOR CLERK . 1J42 , This is Schedule"A" to By-law 99- , passed this day of .1999 A.D. __W~L~_____~~____~LDT ~~IIf'PLl~T" 28 - """~"WT ~ I -- _,""'IIEI'AID .- ._c _. I ~ ~ - ~ ~ ~ ~ Q " " IE ZONING CHANGE FROM ~ ZONING CHANGE FROM ~ ZONING CHANGE FROM _ ZONING CHANGE FROM E:ill ZONING CHANGE FROM 1>>>>>>1 ZONING CHANGE FROM _ ZONING CHANGE FROM m ZONING CHANGE FROM I~~~~~ ZONING CHANGE FROM ~ ZONING CHANGE FROM _ ZONING CHANGE FROM mmlI ZONING CHANGE FROM all ZONING CHANGE FROM _ ZONING CHANGE FROM ~ ZONING TO REMAIN "A" S ZONING TO REMAIN "EP" COURTICE " u z < , c ~l '" z CJ - '" '" L.J U Z CJ U "R1" TO "(H)R1-44" "R1" TO "EP" "(H)R2-3" TO "(H)R1-44" "(H)R4" TO "(H)R1" "(H)R4" TO "(H)R1-45" "(H)R4" TO "(H)R2-24" "(H)R4" TO "A" "(H)R4" TO "EP" "A-8" TO "(H)R1-45" "A-8" TO "EP" "EP" TO "(H)R1" "EP" TO "(H)R1-44" "EP" TO "(H)R2-24" "EP" TO "A" Mayor Clerk 1Jid 22 June 1999 _e/a;r;'lgl,;;n ONTARIO ATTACHMENT NO.1 To Addendum to Report PD-70-99 Robert Messervey District Manager Ministry of Natural Resources 50 Bloomington Road AURORA, Ontario L4G 3G8 Dear Sir: RE: Finalization of Black-Farewell Creek Wetland Complex Boundaries and Impact on Adjacent Proposed Plans of Subdivision Files: PLN 17.11.5,18T- 95029 and 18T-99007 Plan of Subdivision 18T-95029 was submitted in March 1995 and its current revision includes 115 residential units with park and open space blocks. Another Plan of Subdivision 18T-99007 located just north and west of 18T-95029 was applied for in March 1999. This application proposes 20 residential units and includes blocks for park and open space. Draft boundaries of the Black-Farewell Creek Wetland Complex have been prepared by your office and released in September 1998. We understand that they were prepared in consideration of the approved C1arington Official Plan and the Environmental Impact Study for the above-referenced plans. According to the draft map, the south boundary of the wetland complex appears to be located north of the future extension of George Reynolds Drive. Council of the Municipality of Clarington, in dealing with the above-noted plans of subdivision (see Attachment #1) posed a number of questions to Municipal Staff. They are as follows: 1. What are the limits of the wetland in relationship to the subdivisions? 2. An Environmental Impact Study identifying the unique vegetation and wildlife characteristics and the groundwater functions recognizing this area as a wetland was completed in February 19f18. Would another EIS be required if these lands are identified as a PSW? 3. Will an additional development setback need to be established? 4. . When will the evaluation be complete and the wetland boundaries finalized? In response to Council's questions, Staff are preparing a report to be heard at the July 5, 1999 General Purpose and Administration meeting. Reports for this meeting must be prepared prior to June 25, 1999, therefore, there is some urgency to our request for this information. Thanking you in advance for addressing this matter immediately. a J. Crome, M.C.I.P., R.P.P. Director of Planning and Development *df cc: Don Wright, CLOCA CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET' eOWMANVlllE -ONTARIO' L1C 3,1,6' (90S) 623.3379' FAX 6234169 1J44 @ AlCTClEl} I'~' _J ! ~ " ~ ~ cS 0 ~ < , , . 'i ~ ,. 0 ! - \ - ~ l. ~ ~ ,- 75 AlAs If 1<0 AD BI.....ck -N___ / - 1J45 -~ ATTACHMENT NO.2 o ddendum to Re ort PD-70-99 - BLACK/FAREWELL CREEK WETLANDS Source: Ministry of Natural Resources, 1992 30 29 28 II --11- II II II II 27 26 25 H" - I, ~. II I 24 23 I 22 21 20 19 18 L ! II t I~ -1 _....J" . Z J~- 0 ~en -j ,. en I W r~ 1r::: 0 - Ie- () v p ~--I a::: w , > . 0 I 0 <( o a::: z w w a::: (9 (j) --' --' :;) a::: I- rc:::- -, DARLINGTON KEY MAP 1ST -95029 PLN 17.11.5 1J46 I'<') z o en en W () Z o () I . i MlnI9"YO! Natu.... Resoul'ces Minl9tere dtls Rlchesses naturelles (W) OntarioNO'3 To Addendum to Report PD-70-99 " 50 Bloomington Road West Aurora, ON L4G 3GB June 25, 1999 Mr. David J. Crome, R.P.P. Director of Planning and Development Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Dear Mr. Crome: Re: Finalization of the Black-Farewell Creek Wetland Complex Boundaries The Aurora District of the Ministry of Natural Resources (MNR) is in receipt of your letter, dated June 22,1999 on the above-mentioned matter. In your letter, you pose four Questions, which I would respond to as follows: 1) , Limits of Wetlands: By letter, dated September 15, 1998, MNR forwarded information to the Municipality and others regarding the Provincially Significant Black-Farewell Wetland Complex, Wetlands to the south of the proposed extension of George Reynolds Drive, in the vicinity of plan of subdivision 18T-95029, were not examined because MNR was of the understanding, based on information from others, that development in this area had already been draft approved. As it tums out, this information was not correct. Although MNR has not reviewed the February 1998 Environmental Impact Study in detail, it is highly likely that the wetlands in the vicinity of plan of subdivision 18T-95029 would have been a logical extension of the provincially significant wetland complex. MNR does note that the area to the west of plan of subdivision 18T-99007, north of George Reynolds Drive, was identified on September 15, 1998, as being part of the provincially significant wetland complex. 2) Environmental Impact Study (EIS): Whether or not the February 1998 EIS adequately takes into account the wetlands in the vicinity of plan of subdivision 18T-95029, is a local matter to be determined by the Municipality. ...12 1)47 ", ., .' Page 2 Mr. David J. Crome In the case of the provincially significant wetlands in the vicinity of plan of subdivision 18T .99007, it must be determined if the EIS meets the requirements of the Provincial Policy Statement. 3) Development Setbacks: The requirement for development setbacks or buffers from any wetlands needs to be determined through the EIS process. An EIS can be updated or revised to reflect new information. 4) Completion of Evaluation: As, indicated in MNR'sSeptember 15, 1998 letter, additional areas, removed from the subject lands, are being oonsidered for inclusion within the wetland ' complex. MNR anticipates that the boundaries of the complex and the written evaluation will be completed by the end of July 1999. Should you have any questions on this matter, please contact me at (905) 713-7367. Yours truly, -t~s E. ~e-Il T.E. Farrell . \ Coordinator Strategic Planning and Operations Aurora District cc. Carolyn Tudge, MMAH Tracy Smith, Aurora District, MNR Don Wright, CLOCA TOTAL P.03 1J40 ., , " ATTACHMENT NO.4 To Addendum to Report PD-70-99 1 00 Whiting Avenue Oshawa, Ontario L 1 H 3T3 Tel: (905) 579-0411 Fax: (905) 579-0994 ,trr Lttr Central ~~I ?~l.ake Ontario ".- "'. Conservation June 23,1999 m 'ri'ltrr;n-."m'\!f;'"""'~ . !:'i':~' . ',. , )~1:' ,,\ . .\ t:'..: l . ,'1 ~.lfl :_~ 2-.Ls'.l' \ t 'i.~ ] ~i\ . " r ~. ,--'"' ". ~ ~ . I'll " -" -" 'J ,"'0"-" ~ , - Municipality of Clarington Planning and Development Department 40 Temperance Street Bowmanville, Ontario LlC 3A6 I JUn Z 8 1999 11 . """c",,- ,'" ,,- ,-" ".,.,-..... I ,. I .. ' , " I '..' 1.- r \ I., . ~ . PLAi'JI\Ji:"J\j L'c.:i'.. ~-'-~~--'.-','~",- - ----- Attention: David Crome, Director - Communitv Planninl! Branch Dear Sir: Subject: Finalization of Black- Farewell Creek Wetland Complex Boundaries Courtice North, Mnnicipality of Clarington - Adjacent Lands File: 18T-952029 & 18T-99007 In response to your inquiry regarding the above noted matters, I provide the following information. To-date, staff still only have the draft wetland mapping for the area (OMNR released September 1998). Our most recent staff discussions with Mr. S. Varga (OMNR), have indicted that certain wetland details are being revised, on the basis of additional information (submitted lor to be submitted by B. Henshaw, local naturalist/consultant), which would be reviewed for inclusion to the wetland map, prior to starting the wetland evaluation process for the complexing of wetlands into the Provincially Significant Black-Farewell Wetland Complex. Nevertheless, staff's review of above noted plans of subdivision was conducted using the draft OMNR mapping and site investigations, to determine the approximate boundaries of the plans of subdivision in relationship to the wetland features. cont'd.... .2 What we do on the land is mirrored in the water '):,w " ::,.) \........;(...j bid <" Central Lake Ontario Conservation Mr. David Crome Municipality of Clarington Page 2 June 23, 1999 With particular reference to the proposed extension of George Reynolds Drive and the lots situated on the north side of the road (18T-95029 plan), it would appear that the draft OMNR wetland boundary is not infringed upon by the proposed development. However, the wetland boundary surrounding the 18T -99007 is irregular and more difficult to plot with any precision, in relation to the subdivision plan (OMNR free-hand drawn wetland boundary @ 1: 10,000 scale vs. CAD generated 1:2000 subdivision plan). Consequently, the 18T-99007 plan may require revisions once the precise wetland complex limits have been determined and surveyed in the field. This possible adjustment will have to stipulated in the subdivision conditions of draft approval. Notwithstanding the foregoing, these developments (18T-99007 & 18T-95029) have been examined in detail through the municipality's Environmental Impact Analysis (Gartner Lee Limited, February 1998). The purpose of this study was to assess the development impact on the wetland and wetland functions (vegetation, wildlife habitat/movement and hydrogeologic inter- relationships) and determine the acceptability of the development concept. The Conclusions and Recommendations of this Study (section 8) determined that subject to the incorporation of specified impact mitigation measures (report section 8.2) the development of 18T-99007 & 18T- 95029 could proceed. "Based on the above conclusions, and the recommendations in Section 8.2, we conclude that this site can be developed in an environmentally sound manner. " BirchdaIe Village Black Creek Develooments Ltd.. Enviromnental huoact Stndv-Phase 2. prepared for the Municipality of Clarington, Gartner Lee Limited, 1998. The hydrogeologic structure, groundwater movement and water budget of the wetland, and its relationships with wetland vegetation and wildlife habitat and movement opportunities were a primary component of the EIS and therefore, the impact assessment should continue to be valid, regardless of whether or not the Courtice Wetlands are assigned additional designations through complexing with other wetlands. It should be noted, that the EIS requirement has not stemmed from the potential consideration for PSWC designation but from the Authority's long-standing recognition of the north Courtice Area as a significant wetland (Courtice WetlandslWoods ESA- highest level of sensitivity in the Authority's Environmental Sensitivity Mapping Project, 1978) and the municipality's incorporation of Official Plan policies that require an impartial Environmental Impact Study, conducted under the control of the municipality . I trust this information satisfies your inquiry. If you have any questions regarding these matters, please contact the undersigned. a D rector- Environmental Approvals & Planning g: \planning\3bwet1nd .doc 1JJO