HomeMy WebLinkAboutPD-82-99 DN:PD-82-99
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT n
Meeting: General Purpose and Administration Committee File# 0 ✓ 700
Date: Monday, July 5, 1999 Res.
Report #: PD-82-99 FILE #: 18T-97002 and By-law #
DEV 97-003 (REVISED)
Subject: AMENDMENT TO CONDITIONS OF DRAFT PLAN APPROVAL FOR
REVISED DRAFT PLAN OF SUBDIVISION
APPLICANT: TAUNTON TERRACE LIMITED
PART LOT 35, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
TOWNLINE ROAD, COURTICE
FILE: 1BT-97002 AND DEV 97-003 (REVISED)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-82-99 be received;
2. THAT the Region of Durham be advised that the Municipality of Clarington
recommends approval of the proposed Draft Plan of Subdivision IBT-97002 as
amended and submitted by Taunton Terrace Limited subject to the conditions of
draft plan approval contained in Attachment #3 of this Report;
3. THAT the Mayor and Clerk be authorized, by By-law, to execute a subdivision
agreement between the Owner and the Municipality of Clarington to the satisfaction
of the Director of Planning and Development and the Director of Public Works;
4. THAT a By-law to remove the "Holding (H)" symbol be forwarded to Council once
the applicant has entered into a subdivision agreement with the Municipality;
5. THAT a copy of this report and Council's decision be forwarded to the Region of
Durham Planning Department; and,
6. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
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REPORT NO.: PD-82-99 PAGE 2
1. APPLICATION DETAILS
1.1 Applicant; Taunton Terrace Limited
1.2 Agent: (same as above)
1.3 Draft Plan of Subdivision:
To develop a draft plan of subdivision containing 30 semi-
detached dwelling units, 2 single detached dwelling units, and
an extension to Foxhunt Parkette
1.4 Site Area: 1.74 hectares (4.30 acres)
2. LOCATION
2.1 The subject lands are located between Townline Road, Kingsview Court, and
Foxhunt Parkette in Courtice. The applicant's land holdings now total 1.74 hectares
(4.30 ac). The property in legal terms is known as Part Lot 35, Concession 2 in the
former Township of Darlington.
3. BACKGROUND
3.1 On October 29, 1998, Taunton Terrace Limited submitted a revised draft plan of
subdivision with the Municipality of Clarington. The revised plan expands the
subdivision area from 1.41 hectares (3.48 ac) to 1.74 hectares (4.30 acres). The
number of semi-detached units has increased from 24 to 32, and includes 1 single
detached dwelling unit and the extension to Foxhunt Parkette. Recent revisions to
the plan have resulted in a reduction of units to 30 semi-detached and 2 single
detached dwelling units. The applicant wishes to amend the conditions of draft
plan approval and include the additional lands within the plan of subdivision.
3.2 A Public Meeting was held for the revised proposal on January 18, 1999 at which
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REPORT NO.: PD-82-99 PAGE 3
no one spoke in opposition to or in favour of the application. Only three general
telephone inquiries have been received. One person did question approval of the
application and its impact on traffic on Townline Road.
3.3 Council recommended approval of the original draft Plan of Subdivision 18T-97002
on July 13, 1998. On September 4, 1998, the plan of subdivision received draft
plan approval from the Region of Durham.
3.4 The land area in the original plan was insufficient to complete the entire cul-de-sac.
The applicant has since acquired two additional parcels of land that would finish
the entire cul-de-sac. Land Division applications (LD 194/96 and LD 195/96) were
approved to include these lands within the revised draft plan of subdivision.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Vacant land with single detached dwelling
4.2 Surrounding Uses:
East - Urban residential and Foxhunt Parkette
North - Urban residential
West - Urban residential
South - Urban residential
5. OFFICIAL PLAN POLICIES
5.1 The lands are designated "Living Area" within the Durham Region Official Plan.
Residential development is permitted within this designation. The application
conforms to the policies.
5.2 Within the Clarington Official Plan, the subject lands are designated "Urban
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REPORT NO.: PD-82-99 PAGE 4
Residential". Residential develop consisting of single detached, semi-detached, and
duplex dwelling types are permitted. Development densities range between 10 to
30 units per net residential hectare. The revised plan, containing 32 dwelling units,
has reduced the density from 27.4 to 25.3 units/hectare. The proposal conforms to
the development policies.
6. ZONING BY-LAW CONFORMITY
6.1 The subject lands are currently zoned "Holding— Urban Residential Type One
((H)R1)". The application complies with the requirements of the former Town of
Newcastle Zoning By-law 84-63. A rezoning application has been submitted to
remove the Holding (H) symbol in order that development of the proposed plan of
subdivision may proceed. The symbol will be removed once a subdivision
agreement has been executed between the applicant and the Municipality.
7. AGENCY COMMENTS
7.1 The application was circulated to solicit comments from other relevant agencies.
The Clarington Fire Department has no objections to the application. Full-time fire
protection will be available in Courtice in 1999.
7.2 The Clarington Public Works Department - Engineering Division has no objections
to the proposal subject to the following conditions:
• All utilities must be located underground.
• A sidewalk must be provided on the south side of Street "A" from Townline
Road to Foxhunt Parkette.
• The applicant must prepare a Master Grading and Drainage Plan for the
subdivision. All drainage must be conveyed from the lands through the storm
sewer system.
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REPORT NO.: PD-82-99 PAGE 5
• The applicant must resolve any existing encroachment conflicts through the
engineering process.
• The applicant is responsible for 100% of the cost for any relocation of street
furniture, trees, etc. on Kingsview Court to facilitate this development.
7.3 The Clarington Public Works Department - Parks Division has no objections to the
proposal provided that the applicant provides a parkland dedication in the form of
an extension to Foxhunt Parkette.
7.4 The Durham Regional Public Works Department has provided the following
comments.
Municipal water is available from the existing 150 mm watermain on Townline
Road (west boulevard) or the existing 150 mm watermain on Kingsview Court.
If the applicant chooses to connect to the watermain on Kingsview Court, the
existing easement must be increased to a minimum of 12.0 m as per the
Regional Guidelines.
Municipal sanitary sewer is available from the existing sanitary sewer on
Kingsview Court.
7.5 Central Lake Ontario Conservation has no objections to the extension of the
subdivision. They do not require any amendments to their conditions of draft
approval.
8. COMMENTS
8.1 Staff made the applicant aware of the issue of on-street and off-street parking in the
Municipality. As a result, Staff requested changes to the draft plan of subdivision in
order that two outdoor parking spaces and one indoor parking space can be
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REPORT NO.: PD-82-99 PAGE 6
accommodated on the lots while also meeting the 30% open space requirement in
the front yard. The applicant has demonstrated that these requirements can be
fulfilled. Although a zoning by-law amendment implementing these requirements
has not been approved, Staff are satisfied that these requirements can be
implemented through the conditions of draft plan approval.
8.2 The Durham Region Public Works requirement for a larger easement may require a
revision to the draft plan if the applicant chooses to utilize the watermain from
Kingsview Court. This may reduce the unit yield by a maximum of two units.
8.3 The zoning on the subject lands permits either 15.0 metre single detached lots or
18.0 metre semi-detached lots. The plan proposes semi-detached lots around the
cul-de-sac. The Pubic Works Department was initially concerned that the
driveways would overlap towards the road, causing ingress and egress difficulties.
This would also limit the effectiveness of the drainage swales between lots. As a
result, the applicant has deleted one lot, which provides additional frontage along
the cul-de-sac. The revised scheme will allow the driveways and drainage swales to .
function properly.
9. CONCLUSIONS
9.1 Based on the comments contained in this report, it is respectfully recommended
that the revised draft plan of subdivision and the conditions as contained in
Attachment No. 3 of this report be forwarded to the Region for APPROVAL.
9.2 Removal of the Holding "(H)" symbol will require.Council approval at such time as
a subdivision agreement is registered.
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REPORT NO.: PD-82-99 PAGE 7
Respectfully submitted, Reviewed by,
D i Crome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.
Director of Planning & Development Chief Administrative Officer.
RH*DC*df
23 June 1999
Attachment No. 1 - Key Map
Attachment No. 2 -Revised Subdivision Plan
Attachment No. 3 - Conditions of Draft Plan Approval
Interested parties to be notified of Council and Committee's decision:
Mark Foley
Taunton Terrace Limited
P.O. Box 11
319 College Avenue
OSHAWA, Ontario
L1H 7K8
696
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REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-97002 prepared by J.D.
Barnes dated and finally revised on June 11, 1999 showing Lots 6 and 15 inclusive
for single family detached dwellings, Lots 1 to 5, 7 to 14, 16 and 17 inclusive for
semi-detached or linked dwellings, Block 18 for park, Block 19 for a walkway, and
Block 20 for a road widening.
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 qualified Engineer to prepare and submit a
Hydrogeologist Report to the Director of Planning and Development to demonstrate
that the proposed development will not adversely impact the existing wells in the
surrounding areas.
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6. 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.
7. That the Owner shall retain a qualified consultant to prepare and submit a Tree
Preservation plan to the Director of planning and Development for review and
approval.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
8. 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.
9. That all easements, road widening, and reserves as required by the Municipality
shall be granted to the Municipality free and clear of all encumbrances.
10. That the Owner shall dedicate Block 18 for park purposes and Block 19 for a
walkway.
11. That the builder include a disclosure in all purchase and sale agreements advising
home buyers of municipal parking regulations.
12. The Owner acknowledges and agrees to provide two (2) outdoor parking spaces for
each single detached and semi-detached dwelling unit to be constructed within
draft plan of subdivision 18T-97002. Where the two outdoor parking spaces are
provided side by side, the combined minimum width of the two spaces may be
699001
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reduced to 4.6 metres provided the minimum landscaped open space within the
front yard is thirty (30%) percent. An indoor parking space shall have a minimum
width of 3.0 metres.
13. Any parking space within a garage shall have a minimum width of 3.0 metres and a
minimum area of 18.58 m2.
14. That prior to approval of this draft plan, the applicant demonstrate that the building
envelopes on Lots 5, 6, 9 and 10 are large enough to facilitate construction of
dwellings that comply with the requirements of the former Town of Newcastle
Zoning By-law 8463.
15. That the applicant obtain written approval from the Regional Municipality of
Durham to locate a driveway entrance within the servicing easement on Lot 6.
16. That a sidewalk be provided on the south side of Street "A" between Regional Road
55 and the proposed walkway to Foxhunt Parkette.
17. That the applicant be required to resolve any existing encroachment conflicts in
conjunction with the engineering approvals process. Final engineering approval
will not be provided until each identified encroachment has been satisfactorily
addressed.
18. That the applicant be responsible for 100% of the cost of any relocations (street
furniture, trees, etc.) on Kingsview Court deemed necessary by the Director of
Works to facilitate development. The cost of any relocations must be included in
the works cost estimate at the engineering approval stage of the development
process.
699002
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19. Block 20 be removed from the draft plan and incorporated within the road
allowance. Two (2) site triangles must be shown.
I
20. 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.
21. That the Owner shall provide and install sidewalks, street lights, temporary turning
circles, etc. as per the Municipality's standards and criteria.
22. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc.
to be buried underground.
23. 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 deposit as
may be required by the Municipality.
24. That the Owner shall adhere to architectural control requirements of the
Municipality.
25. 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
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Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire
Code.
26. 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.
27. That the Owner shall fulfil all requirements of the Durham Regional Public Works
Department, Central Lake Ontario Conservation, Ontario Hydro, Bell Canada, and
Canada Post Corporation, financial and otherwise.
699004