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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File # DOw
Date: Monday, July 5, 1999 Res. #
Report #: PD-83-99 FILE #: 18T-99006 and By-law#
ZBA 99-012
Subject: DRAFT PLAN OF SUBDIVISION AND REZONING APPLICATIONS
APPLICANT: CAARINGTON FIELDCREST DEVELOMENTS LIMITED
PART LOTS 29 & 30, CONCESSION 2, FORMER TOWNSHIP OF
DARLINGTON, COURTICE
FILES: 1BT-99006 AND ZBA 99-012
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-83-99 be received;
2. THAT the rezoning application ZBA 99-012 as submitted by D.G. Biddle and
Associates Limited, on behalf of Clarington Fieldcrest Developments Limited, be
APPROVED and that the amending by-law attached hereto be forwarded to Council
for adoption;
3. THAT the Region of Durham be advised that the Municipality of Clarington
recommends approval of the proposed Draft Plan of Subdivision 18T-99006 as
submitted by D.G. Biddle and Associates Limited, on behalf of Clarington Fieldcrest .
Development Limited, subject to the conditions of draft plan approval contained in
Attachment#4 of this Report;
4. 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;
5. THAT a By-law be forwarded to Council to remove the "Holding (H)" symbol once
the applicant has entered into a subdivision agreement with the Municipality;
6. THAT a copy of this report and Council's decision be forwarded to the Region of
Durham Planning Department; and,
7. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
699005
REPORT NO.: PD-83-99 PAGE 2
1. APPLICATION DETAILS
1.1, Applicant: Clarington Fieldcrest Developments Limited
1.2 Agent: D.G. Biddle & Associates Limited
1.3 Rezoning: To rezone a portion of the subject lands from 'Holding —
Urban Residential Type Two ((H)R2) Zone" to "Holding —
Urban Residential Type One ((H)R1) Zone" to permit the
proposed draft plan of subdivision
1.4 Draft Plan of Subdivision:
To develop a draft plan of subdivision containing 28 semi-
detached dwelling units, 2 single detached dwelling units, and
a block for a future road extension
1.5 Site Area: 1.41 hectares (3.48 acres)
2. LOCATION
2.1 The subject lands are located in the southeast area of Courtice. The proposal would.
complete Fieldcrest Avenue, a street that has been partially completed through two
separate subdivision plans. The applicant's land holdings totals 1.41 hectares (3.48
ac). The property in legal terms is located in Part Lots 29 and 30, Concession 2 in
the former Township of Darlington.
3. BACKGROUND
3.1 On March 15, 1999, D.G. Biddle and Associates Limited, on behalf of Clarington
Fieldcrest Developments Limited, submitted a rezoning and draft plan of
subdivision applications to the Municipality of Clarington. The rezoning
application would rezone a triangular portion of land to match the zoning on the
6 99006
REPORT NO.: PD-83-99 PAGE 3
remainder of the property. The draft plan of subdivision would permit development
of 28 semi-detached units, 2 single detached dwelling units, and a block for a:future
roadway.
3.2 The proposal represents an infill subdivision that would link up both portions of
Fieldcrest Avenue. Kiddicorp Investments Limited (Halminen Homes) has built the
southern portion of Fieldcrest Avenue while 290572 Ontario Limited Qeffrey
Homes) has constructed the northern portion of Fieldcrest Avenue.
3.3 The subject lands were assembled through the severance process and contain a
large woodlot. As a condition of approval for the severances, the applicant
provided a letter of undertaking indicating that a tree preservation would be
approved prior to issuance of conditions of draft plan approval. The tree
preservation plan and a preliminary lot grading and drainage plan are being
reviewed by the Public Works Department.
3.4 A Public Meeting was held on June 21, 1999 for which no member of the public
spoke either in favour of or in opposition to the application. Only one general
inquiry has been received concerning this proposal.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses:Vacant land containing a woodlot
4.2 Surrounding Uses: East - Agricultural lands
North - Urban residential
West - Urban residential
South - Urban residential
699007
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REPORT NO.: PD-83-99 PAGE 4
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
Residential". Residential development consisting of single detached, semi-
detached/link, and duplex dwelling types are permitted. The proposed
development density falls between the permitted range of 10 to 30 units per net
residential hectare. The proposal conforms to the development policies.
6. ZONING BY-LAW CONFORMITY
6.1 Although the majority of the property is zoned "Holding — Urban Residential Type
One ((H)R1)", a triangular portion of the subject lands must be rezoned from
"Holding — Urban Residential Type Two ((H)R2)" to "Holding - Urban Residential
Type One ((H)R1)" to allow the subdivision to proceed. A rezoning application has
been submitted for consideration.
7. AGENCY COMMENTS
7.1 The application was circulated to solicit comments from other relevant agencies.
The Clarington Fire Department, Kawartha Pine Ridge District School Board, and
Ontario Hydro have no objections to the application.
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;
• The future street intersecting Fieldcrest Avenue must be preserviced for water,
sanitary sewer, and storm sewer services. The portion of this street, shown on
the application as Block 17, must be constructed in order that buildings permits
can be issued for the lots flanking the area;
699008
REPORT NO.: PD-83-99 PAGE 5
• All temporary turning circles must be removed and the road developed to full
municipal standards;
• The stormwater drainage works and facilities necessary for this development
must be constructed in accordance with the approved Robinson Creek Master
Drainage Study;
• 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;
• Depending on the timing of construction, the applicant may be limited to one
construction access.
7.3 The Clarington Public Works Department - Parks Division has no objections
provided that the applicant provides an appropriate cash-in-lieu of parkland
dedication.
7.4 The Durham Regional Public Works Department has provided the following
comments.
• Municipal water and sanitary sewer services are available to the site.
• Servicing of lands east of Block 17 will not be permitted because this area lies
within a different drainage area. Servicing for this area also relies on
establishment of the new water pollution control plant in south Courtice.
7.5 The Central Lake Ontario Conservation has no objections to this subdivision
proposal. Previously approved stormwater management reports for these two
subdivisions have already included the subject area. While conformity to the
approved stormwater schemes will have to be demonstrated by the developer, this
can be achieved through a condition of draft plan approval.
699009
REPORT NO.: PO-83-99 PAGE 6
8. STAFF COMMENTS
8.1 A Phase 1 environmental site assessment was submitted with the proposal. The
results indicated that there was no evidence of contamination on the site.
8.2 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
accommodated on the lots while also meeting the 30% open space requirement in
the front yard. 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.
8.3 The subject lands are located within the Avondale Neighbourhood for which a
neighbourhood concept plan has been prepared. The proposed subdivision plan
includes 2 single detached lots with 15.0 m frontages, 14 semi-detached lots with
18.0 m frontages, and one future road allowance to the east. The neighbourhood
plan shows the subject lands to contain 2 single detached lots with 13.5 m
frontages, 10 single detached lots with 12.0 m frontages, shows 6 semi-detached
lots with 18.0 m frontages, and two future road allowances to the east. The agent
was requested to re-examine the difference between the unit yields in the current
neighbourhood plan versus the changes that would result from the proposed plan of
subdivision. The neighbourhood plan was updated by including actual subdivision
approvals, the proposed plan of subdivision and deleting the second future road
allowance to the east. The changes resulted in a decline by 4 dwelling units. The
current application is in keeping with the neighbourhood plan.
8.4 The subject lands contain a deciduous woodlot. The applicant has submitted a tree
preservation plan, which is currently being reviewed by Staff. Prior to the removal
of trees on the property, the plan must be approved by the Public Works
699010
REPORT NO.: PD-83-99 PAGE 7
Department. This requirement has been included as a condition of draft plan
approval.
9. RECOMMENDATIONS
9.1 Based on the comments contained in this report, it is respectfully recommended
that the by-law provided in Attachment #3 to permit the development of the
proposed subdivision be APPROVED. Removal of the Holding "(H)" symbol will
require Council approval at such time as a subdivision agreement is registered.
9.2 Based on the comments contained in this report, it is also respectfully
recommended that the revised draft plan of subdivision and the conditions as
contained in Attachment #4 of this report be. forwarded to the Region for
APPROVAL.
Respe ul submitted, Re iewed by,
D i J. rome, M.C.I.P., R.P.P. ranklin Wu, M.C.I.P., R.P.P.
DirectV of Planning & Development Chief Administrative Officer.
RH*DC*df
24 June 1999
Attachment#1 - Key Map
Attachment#2 - Proposed Draft Plan of Subdivision
Attachment#3 - Zoning By-law Amendment
Attachment#4 - Conditions of Draft Plan Approval
Interested parties to be notified of Council and Committee's decision:
Mr. Glenn Genge Mr. Wayne Jeffrey
D.G. Biddle & Associates Limited Clarington Fieldcrest Developments Limited
96 King Street East 58 Rossland Road West
OSHAWA, Ontario OSHAWA, Ontario
UH 1B6 UG 2V5
699011
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699x13
ATTACHMENT 93
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 99-
being a By-Law to amend By-Law 84-63, the Comprehensive By-Law for the
Corporation of the Municipality of Clarington.
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 in accordance with application ZBA 99-012 to permit the development of a draft
plan of subdivision containing 2 single detached dwelling units and 28 semi-detached
dwelling units.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "4" to By-Law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Holding — Urban Residential Type Two ((H)R2) Zone" to "Holding — Urban
Residential Type One ((H)RI)Zone" as shown on the attached Schedule"A" hereto.
2. Schedule "A" attached hereto shall form part of this By-Law.
3. 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, R.S.O. 1990.
x
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
6990
This is Schedule"A" to By-law 99- ,
passed this day of , 1999 A.D.
LOT 30 T 29
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ZONING CHANGE FROM "(H)R2" TO " (H)R1 "
Mayor Clerk
LOT 30 LOT 29
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699ui
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-99006 prepared by D.G.
Biddle & Associates Limited dated and finally revised on August, 1997 showing Lots
14 and 15 inclusive for single family detached dwellings, Lots 1 to 13 and 16
inclusive for semi-detached or linked dwellings, Block 17 for a future road
allowance, and Block 18 for a 0.3 metre reserve.
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.
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.
699016
Prmm�mtinn Plan to thn rlircrtnr of Puhlir \AInA,e Anil fk. fl:re.+t... —F DI-......... .....J i
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'7. That the Owner shall retain a qualified consultant to prepare and submit a Tree
Preservation Plan to the Director of Public Works and the Director of Planning and
Development for review and approval. No trees shall be removed from the subject
lands until the Tree Preservation Plan is approved.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
I�
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 pay to the Municipality at the time of execution of the
subdivision agreement, five percent (5%) cash-in-lieu of parkland dedication for
residential development.
11. That the builder include a disclosure in all purchase and sale agreements advising
home buyers of municipal parking regulations
12. That 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-99006. 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 thirty (30%) percent.
13. Any parking space within a garage shall have a minimum width of 3.0 metres and a
minimum area of 18.58 mZ.
699017
instead be indicated as road allowance_ Rlnck 1R mimt ka raln ntXA t., tho
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14. That Block 17 must be eliminated from the draft plan and that these lands must
instead be indicated as road allowance. Block 18 must be relocated to the
southerly limit of the subdivision. All works for this street, including water, sanitary
sewer, storm sewer, curb, gutter, and pavement, must be constructed by the
developer in conjunction with the initial phase of construction for the subdivision.
The extent of the works required will be determined at the engineering review stage
and shall be satisfactory to the Director of Public Works.
15. That the timing for the transfer of the future road allowance and the 0.3 metre
reserve at the southerly limit of the subdivision must be clarified by the director of
Public Works. The timing of construction of the future road to the south and timing
of issuance of buildling permits on Lots 14 and 15 must also be clarified to the
satisfaction of the Director of Public Works.
16. That the Owner removes all existing temporary turning circles at the existing limits
of Fieldcrest Avenue prior to issuance of building permits for the subject draft plan.
The applicant must reconstruct the road to urban standards, including asphalt
paving, curb and gutter, boulevard sod, sidewalks, street trees, and street lighting,
17. That the stormwater drainage works and facilities necessary for this development.
must be constructed in accordance with the Robinson Creek Master Drainage Study
as dated and approved by the Director of Public Works.
18. That the applicant may be restricted to 1 construction access, depending on the
timing of construction of the subdivision. The location of the construction access
will be made at the discretion of the Director of Public Works.
19. 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.
20. That the Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria.
699018
5
s to be buried underground.
1 21. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc.
to be buried underground.
22. 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.
23. That the Owner shall adhere to architectural control requirements of the
Municipality.
24. 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.
25. 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.
26. 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.
699019