HomeMy WebLinkAboutPSD-092-07
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REPORT
PLANNING SERVICES
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
~esokAim1.61PA-~11-07
By-Iaw#: ~DOl-l-' t
Monday, July 30, 2007
Meeting:
Report #:
PSD-092-07
File #: ZBA 2006-0008
and S-C-2006-0001
Subject:
REZONING AND PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT
THE DEVELOPMENT OF 48 RESIDENTIAL UNITS
APPLICANT: BLACK CREEK DEVELOPMENTS LTD.
..
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-092-07 be received;
2. THAT the application for Draft Approval of the proposed Plan of Subdivision submitted
by Black Creek Developments Ltd. be APPROVED as contained in Attachment 2,
subject to the conditions of Draft Approval, contained in Attachment 4;
3. THAT the application for Zoning By-law Amendment, submitted by Black Creek
Developments Ltd. be APPROVED as contained in per Attachment 5;
4. THAT the Mayor and Clerk be authorized by By-law to enter into an agreement with the
Owners and the By-law be forwarded to Council at such time the Owners are prepared
to proceed with this development;
5. THAT a By-law to remove the "Holding (H)" Symbol be forwarded to Council at such
time the Owners have 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 the Municipal Property Assessment Corporation; and
7. THAT all interested parties listed in this Report and any delegations be advised of
Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-092-07
PAGE 2
Submitted by:
David . Crome, M.C.I.P., R.P.P.
Director of Planning Services
BR/CP/DJC/df/sh
23 July 2007
Reviewed by: () ~ -==- ~
Franklin Wu,
Chief Administrative Officer
REPORT NO.: PSD-092-07
PAGE 3
1.0
1.1
1.2
APPLICATION DETAILS
Applicant:
Owner:
Black Creek Developments Ltd.
(same as applicant)
1.3
Proposed Draft Approved Plan of Subdivision:
The proposed Draft Plan of Subdivision. includes 48 single
detached dwellings consisting of 24 lots with minimum 12 metre lot
frontages, 24 lots with minimum 15 metre lot frontages, and a
0.338 ha (0.835 acre) Open Space Block.
1.4 Rezoning:
To change the "Agricultural (A)" zone and the "Environmental
Protection (EP)" zone to zones to permit the development of the
proposed Draft Plan of Subdivision.
1.5 Plan Area:
3.077 hectares (7.603 acres)
1.6 Location:
The subject lands are generally located west of Courtice Road,
north of Westmore Street, east of Jane Avenue and they provide for
the extension of George Reynolds Drive (Attachment 1).
2.0 BACKGROUND
2.1 On February 28, 2006, Black Creek Developments Ltd. submitted an application to
amend the Zoning By-law along with an application requesting approval of a Draft Plan
of Subdivision.
2.2 A Public Meeting was held on May 8, 2006 but an error in the public notice mail-out
invalidated that public meeting. A second Public Meeting was held on May 22, 2007.
One resident spoke expressing concerns.
2.3 Studies submitted in support of the applications are:
. Phase One Environmental Site Assessment
. Soil Investigation Report
. Noise Impact Study
. Noise Impact Study Addendum Report
. Lot Grading Plan
. Street Parking Layout Plan
2.4 An Environmental Impact Study Addendum was undertaken for the subject lands in
accordance with the Council-adopted guidelines.
REPORT NO.: PSD-092-07
PAGE 4
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject lands are currently vacant. They are divided into two parcels, the larger
parcel south of the new segment of George Reynolds Drive and the smaller parcel north
of the above roadway. The portion of the southern parcel in close proximity to George
Reynolds Drive was cleared and serviced in preparation for the construction of George
Reynolds Drive to Courtice Road. This connection was a condition of draft approval for
the lands within the subdivision to the west, now Registered Plans 40M-2213 and 40M-
2317. At the west end of the southern parcel, Skinner Court is now a rough paved stub
with a temporary turning circle. The remainder of the southern parcel contains pine and
birch trees. The portion of the northern parcel in close proximity to George Reynolds
Drive was also cleared and serviced in preparation for the construction of George
Reynolds Drive to Courtice Road. Further north, in the area of the proposed Open
Space Block, are pine and birch trees.
3.2 Surrounding Uses
North -
One vacant lot and large-lot single detached dwellings fronting on
Courtice Road with wooded wetland area to the rear of the lots
Residential, single detached dwellings, fronting on Courtice Road
and on local streets west of Courtice Road
Agricultural and large lot single detached dwellings fronting on
Courtice Road
Vacant residential lots fronting on the Jane Avenue and George
Reynolds Drive extensions, and beyond the Black Creek tributary
valleylands
South -
East -
West -
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
The Provincial Policy Statement requires planning authorities to provide for a range of
housing types and densities, with a ten year supply of lands for residential growth and a
three year supply of residential units on zoned and serviced lands within draft approved
and registered plans. Land and unit supply is to be based on and reflect population and
unit allocations which are identified in municipal official plans.
The Provincial Policy Statement notes development shall not be permitted on lands
adjacent to natural heritage features unless the ecological function of the tands has
been evaluated and it has been demonstrated that there will be no negative impacts on
the natural features or their ecological functions.
An Environmental Impact Study Addendum, coordinated by the Municipality with the
assistance of staff from Central Lake Ontario Conservation has determined that the
proposed plan of subdivision conforms to the Provincial Policy Statement.
REPORT NO.: PSD-092-07
PAGE 5
4.2 Provincial Growth Plan
The Growth Plan encourages growth in built-up areas, in short, intensification. The
Growth Plan provides direction for better utilization of existing infrastructure, while other
policies speak to the wise use and management of natural heritage.
The proposed plan of subdivision does not conflict with the Provincial Growth Plan.
5.0 OFFICIAL PLANS
5.1 Durham Reaion Official Plan
The Durham Region Official Plan designates the subject lands as Living Area. Lands
designated as Living Area permit the development of communities with defined
boundaries, incorporating the widest possible variety of housing types, sizes and tenure.
5.2 Clarinaton Official Plan
The Clarington Official Plan designates the subject lands as Urban Residential. The
lands are within the Glenview Neighbourhood, which has a population target of 3100
people and a housing target of 1135 units. The predominant housing form shall be
single detached, semi-detached/link and duplex to a maximum height of 2.5 storeys.
The proposal deviates from the Glenview Neighbourhood Design Plan as a road
connection to the lands to the north is not provided in the vicinity of Lots 42 and 43 (see
Attachment 1). Approval of the Glenview Neighbourhood Design Plan was preceded
by the new Harmony-Farewell Iroquois Beach Provincially Significant Wetland (PSW)
being identified on lands in the vicinity of Block 51. An EIS Addendum, building on the
background provided by the Birchdale Village EIS was required to make
recommendations for development potential on the subject lands and the lands to the
north.
The Clarington Official Plan policies require an EIS be undertaken for development
applications located on lands within or adjacent to the Lake Iroquois Beach, or any
natural heritage feature identified on Map C. An EIS is also required where development
proposals are located within 120 metres of the boundary of a wetland or a wetland
complex. An EIS Addendum, in accordance with policies of the Clarington Official Plan,
has been undertaken for the development. The expense has been borne by the
proponent.
The proposed development is consistent with the policies of the Clarington Official Plan.
REPORT NO.: PSD-092-07
PAGE 6
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands "Environmental Protection (EP)" and
"Agricultural (A)". A Zoning By-law Amendment will be required in order for development
to proceed.
7.0 PUBLIC SUBMISSIONS
7.1 As a result of the public notification process, the Planning Services department received
a few inquiries. A neighbourhood resident to the south believed the smaller 12 metre
frontage lots on Skinner Court were out of character with the surrounding
neighbourhood. He requested staff review the Skinner Court lot areas/frontages with a
view to making modifications to them.
Staff has reviewed the Skinner Court lot areas and frontages and has concluded that a
small variety in both housing and lot sizes, such as is the case here, is desirable. All of
the lots are larger in size with 50% being 12 metres wide and 50% being 15 metres
wide. The housing unit density complies to the Clarington Official Plan.
7.2 An inquiry came from a resident who stated they understood there would be no housing
north of George Reynolds Drive since that entire area was, in their understanding, part
of the provincially significant wetland.
At the recent public meeting, another resident, reiterated the same concern with the
impact of the proposed development on the provincially significant wetland. They stated
the Ministry of Natural Resources designated lands to the north of George Reynolds
Drive as Provincially Significant Wetland (PSW). They also stated the above Ministry
did not study the lands on the south side of the Drive. They requested that the lands on
the south side of George Reynolds Drive be studied.
The Environmental Impact Study Addendum examined all parts of the proposed
subdivision including the portion on the south side of George Reynolds Drive and
determined this area could be developed. The EIS Addendum recommended the small
wetland south of the George Reynolds Drive extension be compensated with new
wetland, and native plants including one significant species. The small wetland is
shown as MAS 2-1 on Attachment 6. The proposed relocated wetland is shown on
Attachment 7.
7.3 Another resident inquired about the road stub extending to the north as shown in the
neighbourhood plan for the area. The Provincially Significant Wetland (PSW) was
identified on the property to the north after the preparation of the neighbourhood plan. It
is no longer appropriate to provide a road connection to lands that will be permanently
protected as an environmental feature (See Attachment 7).
REPORT NO.: PSD-092-07
PAGE 7
8.0 AGENCY COMMENTS
8.1 Comments have been received from the majority of the circulated departments and
agencies.
8.2 Clarington Emergency & Fire Services, Hydro One Networks Inc., Rogers Cable and the
Separate School Board offered no comments or objections on the proposed
applications.
8.3 The Kawartha Pine Ridge District School Board advised that the proposal would
generate between 11 and 14 students to Courtice North Public School which is currently
over capacity with 6 portables on site and 7 students to Courtice Secondary School.
The Board requests sidewalks on all interior roads. The Board has no objections to the
applications. .
8.4 Bell Canada requested two standard conditions of draft approval but had no other
concerns.
8.5 The Central Lake Ontario Conservation Authority partnered with Clarington Planning to
oversee the preparation of an EIS Addendum. The Addendum approach recognizes the
Birchdale Village Black Creek Developments Phase 2 EIS as providing background to
the Study. The Authority has provided final positive comments on the subdivision and
its conditions of draft approval.
8.6 Clarington Engineering Services has worked with the applicant to resolve some
concerns regarding driveway layout on a couple of lots, a detail on the Street Parking
Layout Plan, the need for the subdivision to be one phase, a few concerns with the
(Preliminary) Lot Grading Plan as it pertains to Courtice Road, the open space block
and a couple of lots as well as some drainage details. Engineering Services has no
objection subject to the conditions of draft approval.
8.7 Enbridge Gas has provided comments for two standard conditions of draft approval but
had no other concerns.
8.8 The Regional Planning Department has reviewed the Noise Impact Study and has
found it to be acceptable. As a condition of draft approval noise provisions in the
Clarington subdivision agreement are required for review by the Region. Regarding the
Environmental Impact Study (EIS) Addendum, the Department has found the
recommended mitigation measures to protect the natural features to be acceptable to
the Region. The Department noted the Phase 1 Environmental Site Assessment (ESA)
indicated that there is no site contamination on the property. Also noted was the Black
Creek tributary west of the property that gives the property high archaeological
potential, thereby necessitating an archaeological assessment of the property with the
requirement being a condition of draft approval.
Water supply and sanitary sewer services can be provided to the proposed subdivision
by extending services from the adjacent development on George Reynolds Drive and
Skinner Court. The proposed right-of-way and site triangle dedications are acceptable.
REPORT NO.: PSD-092-07
PAGE 8
Road and boulevard work on Courtice Road will be included in the Regional subdivision
agreement.
The Region has determined it has no objection to draft approval of the subdivision plan
subject to the Region's conditions of draft approval.
9.0 STAFF COMMENTS
9.1 The Environmental Impact Study (EIS) Addendum provides descriptions of the
proposed subdivision's particular impacts on the natural environment and corresponding
recommended mitigation strategies as well as recommendations, which among other
things, take into consideration the recently released Harmony-Farewell Iroquois Beach
Provincially Significant Wetland (PSW). Staff has included seven (7) conditions of draft
approval that reflect the recommended mitigation strategies and the recommendations.
9.2 Block 51, the Open Space Block, to be dedicated to the Municipality of Clarington, is a
central mitigation feature given its minimum 25 metre depth and various barriers, which
will be an appropriate buffer for the PSW located in the abutting property to the north.
9.3 The EIS recommends compensation for the loss of the cattail marsh south of George
Reynolds Drive. A condition of draft approval will require the developer to create a
small wetland feature as compensation for the lost feature. It is to be constructed in
either Block 24 or Block 25 within registered Plan 40M-2317 and these lands are now
owned by the Municipality (Attachment 7). The new wetland will be approximately 3200
m2 in total area with a deeper area (greater than 0.5 m) of 500 m2. The Lady Slipper
plant found on the lands will be relocated from the cattail marsh to the new wetland.
Other plant species are to be native.
9.4 Central Lake Ontario Conservation Authority has provided four (4) conditions of draft
approval, one of which compels the Owner to undertake the recommended mitigation
measures as identified in the EIS Addendum.
9.5 Regarding the Glenview Neighbourhood Design Plan, given the location of the new
PSW on the lands to the north, it is necessary to remove the road stub off of George
Reynolds Drive and pointing to the lands to the north. The Open Space Block, Block
51, was not in the nieghbourhood plan and should be added. To these ends, the
Glenview Neighbourhood Design Plan will be amended accordingly (see Attachment 3).
9.6 Two local residents have expressed the view that the Provincially Significant Wetland
(PSW) to the north of the proposed subdivision extends south to George Reynolds
Drive.
The Environmental Impact Study Addendum administered jointly by the Municipality and
the Conservation Authority, determined the limits of development for this proposed
subdivision based on a process that included field investigation on the wetland
boundary.
REPORT NO.: PSD-092-07
PAGE 9
The Environmental Impact Study Addendum identifies the PSW as being a little to the
north of Block 24 in Plan 40M-2317, which is an Open Space Buffer Block, and a little to
the north of Block 51 (also an Open Space Buffer Block) in the proposed plan of
subdivision. The residential lots proposed on the north side of George Reynolds Drive
are not in the Provincially Significant Wetland.
10.0 CONCLUSION
10.1 The proposal has been reviewed in consideration of the comments received from area
residents and the circulated agencies, and in consideration of Provincial Policy, the
Clarington Official Plan, Zoning By-law 84-63 and the Glenview Neighbourhood Design
Plan. Based on the comments provided in this report, staff respectfully recommends:
that staff be authorized to approve both the removal of the road allowance stub pointing
north from George Reynolds Drive and the addition of the Open Space Block as
changes to the Glenview Neighbourhood Design Plan as contained in Attachment 3;
that Subdivision S-C-2006-0001, be draft approved subject to the conditions contained
in Attachment 4 and the Zoning By-law amendment as contained in Attachment 5, be
approved.
Attachments:
Attachment 1 - Site Location Key Map
Attachment 2 - Subdivision Plan
Attachment 3 - Revision to Neighbourhood Design Plan
Attachment 4 - Conditions of Draft Approval
Attachment 5 - Zoning By-law Amendment
Attachment 6 - Existing Vegetation Communities
Attachment 7 - Recommended Mitigation Measures
List of interested parties to be advised of Council's decision:
D.G. Biddle & Associates Ltd.
Black Creek Development Ltd.
Friends of Second Marsh
Linda Gasser
Libby Racansky
Kerry Meydam
Dale Degray
William Bickle
John Tepelenas
Mike Dome
Natalie Nowowsad
Roger Bergman
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Attachment 4
To Report PSD-092-07
CONDITIONS OF DRAFT APPROVAL
DRAFT PLAN OF SUBDIVISION
FILE NO.: S-C-2006-0001
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision S-C-2006-0001 prepared by D.G. Biddle & Associates Limited identified
as job number 105076, and drawing number DP-1, dated June 2005, which
illustrates 48 lots for single detached dwelling units, one open space block, one
partial lot block, one retained future development block, two road widening blocks,
two blocks for O.30m reserves, and a road allowance.
FINAL PLAN REQUIREMENTS
2. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
3. The Owner shall name road allowances included in this draft plan to the satisfaction
of the Regional Municipality of Durham and the Municipality of Clarington.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. The subject draft plan must be developed as a single phase.
5. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain
area municipal approval of the zoning for the land uses shown on the approved
draft plan in accordance with the provisions of the Planning Act.
6. The Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Engineering Services and the Director of
Planning Services for review and approval. The Landscaping Plan shall reflect the
design criteria of the Municipality as amended from time to time.
7. The Owner shall submit a detailed tree preservation plan consistent with the
recommendations of the Environmental Impact Study Addendum and to the
satisfaction of the Municipality of Clarington. No trees shall be removed until such
time as this program has been approved except as authorized by the Municipality.
8. Prior to entering into a subdivision agreement, the Regional Municipality of Durham
shall be satisfied that adequate water pollution control plant and water supply plant
capacities are available to the proposed subdivision.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
9. 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.
Conditions of Draft Approval (S-C-2006-0001) Page 1
10. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities.
11. The Owner shall convey a 4.5 metre road widening (Block 52) and a 8.22 metre
road widening (Block 53) to the Region of Durham for the purpose of widening
Courtice Road (Regional Road No. 34).
12. The Owner shall convey 0.3 metre reserves (Blocks 54 and 55 and a third block at
the east end of Block 50 abutting Block 52) along Courtice Road (Regional Road
No. 34) to the Region of Durham.
13. Block 51, Open Space Block, shall be dedicated free and clear of all encumbrances
to the Municipality of Clarington.
14. An easement shall be dedicated free and clear of all encumbrances to the
Municipality of Clarington, over all of Block 50, to provide access to Block 51.
15. The Owner agrees to include a clause in any Agreement of Purchase and Sale
advising future owners of the Municipality's Gate Access Policy to Municipal Open
Space.
16. All land dedications, easements, sight triangles and reserves as required by the
Municipality for this development must be granted to the Municipality free and clear
of all encumbrances and in a form satisfactory to the Municipality's Solicitor.
17. The Owner agrees to construct a 1.2 metre high chain link fence on the north, or
rear lot lines of Lots 41 to 48 and the partial lot - Block 49, all at the south edge of
Block 51, as well as at the west edge of Block 51. A living fence providing a further
access barrier, containing raspberry canes, 5 metres in width, must be planted
immediately north and east of the above chain link fence. Adjacent to this buffer
planting and within the open space block, an additional 5 m strip of the open space
block will be planted with a dense planting of white cedar to help further in buffering
the PSW.
18. The Owner agrees to construct a small wetland feature in either Block 24 or Block
25 within registered Plan 40M-2317 (both lands owned by the Municipality) in order
to offset the loss of the wetland feature on the site to the satisfaction of the
Municipality of Clarington and Central Lake Ontario Conservation. The wetland is
to include a deeper area (greater than 0.5 m) of 500 m2, grading back to existing
topography at the proposed wetland edge. The total area of the wetland is to be in
the order of 3200 m2. The Lady Slipper, found in the existing wetland should be
relocated to this new wetland. The wetland is to be planted with native species and
all materials used for its construction removed off site.
19. The Birchdale Village Homeowners Guide for Phases 1 and 2 must be updated to
reflect the proposed subdivision and the related Environmental Impact Study
Addendum findings. This Guide shall be submitted for approval by the Director of
Planning Services prior to the issuance of Building Permits.
Conditions of Draft Approval (S-C-2006-0001)
Page 2
20. The Homeowner Education Plan as prepared for Birchdale Village, Phases 1 and 2,
must be updated where necessary and carried on for the proposed subdivision as
per the related Environmental Impact Study Addendum findings.
21. All buried services are to be constructed with properly designed trench plugs to
avoid dewatering along pipe beds. This is to be done to minimize potential impacts
on the local groundwater table and is to be reviewed and certified by a qualified
hydrogeologist at the time of installation.
22. To compensate for the loss of infiltration due to construction of impervious surfaces,
clean rooftop water should not be directed to the storm sewer system, but be
allowed to infiltrate in private yards. Weeper drains that collect clean groundwater
should not be directed to the storm sewer system, but connected to a third pipe
used to convey water to the tributary downstream of the proposed stormwater pond
to prevent unnecessary water warming. Trench plugs as described in Condition 21
are to be used with the third pipe.
23. The Owner shall convey land to the Municipality of Clarington for park or other
public recreational purposes in accordance with the provisions of the Planning Act.
Alternatively, the municipality may accept cash-in-lieu of such conveyance.
24. The Owner shall submit an Energy Management Plan to the satisfaction of the
Director of Planning Services outlining various means that the Owner will
implement to support energy conservation in the subdivision and house design.
25 The Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Engineering Services for review
and approval. All plans and drawings must conform to the Municipality's Design
Criteria as amended from time to time.
26. The Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria.
27. The Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be
within the streets of this development and must be installed underground for both
primary and secondary services.
28. The final configuration of Lot 14 and Lot 15 will be subject to approval by the
Director of Engineering Services prior to the final approval of the draft plan.
29. The existing dwelling, in the Skinner Court cul-de-sac and north of Lot 14, must be
relocated or demolished prior to final approval of the Plan of Subdivision. Before
demolition a Designated Substance Survey is to be conducted to confirm the
presence or absence of hazardous materials.
30. The recommendations of the Soils Report prepared by Soil Engineers Ltd. must be
incorporated into the engineering drawings for the subdivision in a manner that is
satisfactory to the Director of Engineering Services.
Conditions of Draft Approval (S-C-2006-0001)
Page 3
31. The preliminary lot grading plan and parking plan for this development must be
signed, sealed and dated by a Professional Engineer.
32. All works and services must be designed and constructed in accordance with the
Municipality of Clarington Design Criteria and Standard Drawings, provisions of the
Municipality Development By-law and all applicable legislation and to the
satisfaction of the Director of Engineering Services.
33. The applicant meets all the requirements of the Engineering Services Department,
financial or otherwise.
34. 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.
35. The Owner agrees that where the well or private water supply of any person is
interfered with as a result of the subdivision, the Owner shall at his expense, either
connect the affected party to municipal water supply system or provide a new well
or private water system so that water supplied to the affected party shall be of
quality and quantity at least equal to the quality and quantity of water enjoyed by
the affected party prior to the interference.
36. The Owner shall provide on disk, in a CAD format acceptable to the Municipality a
copy of the proposed Plan of Subdivision as Draft Approved and the 40M Plan.
37. The Owner shall adhere to architectural control requirements of the Municipality
including the submission of:
i) a siting and architectural design report and implementing site plans and
architectural drawings.
38. The subdivision agreement between the Owner and the Municipality of Clarington
shall contain, among other matters, the following provision: the Owner agrees that
the display and marketing materials to be used for this development shall be
submitted to the Director of Planning Services and the Director of Engineering
Services for approval. Said plans and materials must receive approval prior to
issuance of a building permit for a sales facility or model home to be constructed on
any Part of the Lands.
39. The Owner shall provide the Municipality, 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;
40. 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
Conditions of Draft Approval (S-C-2006-0001)
Page 4
of a portion of front end charges pursuant to the Development Charge Act if any are
required to be paid by the Owner.
41. Prior to final approval, the proponent shall engage a qualified professional to carry
out, to the satisfaction of the Ministry of Culture, an archaeological assessment of
the entire development property, and mitigate, through preservation or resource
removal and documentation, adverse impacts to any significant archaeological
resources found. No demolition, grading or other soil disturbances shall take place
on the subject property prior to the Ministry of Culture confirming that all
archaeological resource concerns have been met including licensing and resource
conservation requirements.
42. The Owner shall agree in the area municipality subdivision agreement to implement
the recommendations of the report entitled, "Noise Impact Study Addendum Report
for Black Creek Subdivision, Phase 3, Part Lot 29, Concession 3, Municipality of
Clarington", dated April 2006, prepared by D.G. Biddle & Associates Ltd., which
specifies noise attenuation measures for the development. The measures shall be
included in the municipality subdivision agreement and must also contain a full and
complete reference to the noise report (i.e. author, title, date and any
revisions/addenda) and shall include any required warning clauses identified in the
study.
43. The subdivision agreement between the Owner and Municipality of Clarington shall
contain, among other matters, the following provision:
a) The Owner agrees to implement noise control measures recommended in the
noise report required in Condition 42.
44. The Owner shall provide for the extension of such sanitary sewer and water supply
facilities which are external to, as well as within, the limits of this plan that are
required to service this plan. In addition, the Owner shall provide for the extension
of sanitary sewer and water supply facilities within the limits of the plan, which are
required to service other developments external to this subdivision. Such sanitary
sewer and water supply facilities are to be designed and constructed according to
the standards and requirements of the Regional Municipality of Durham. All
arrangements, financial and otherwise, for said extensions are to be made to the
satisfaction of the Regional Municipality of Durham, and are to be completed prior
to final approval of this plan.
45. The Owner shall satisfy all requirements, financial and otherwise, of the Regional
Municipality of Durham. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the
provision and installation of sanitary sewers, water supply, roads and other
Regional services.
46. Prior to anyon-site grading or construction or final registration of the plan, the
Owner shall submit to, and obtain approval from the Municipality of Clarington, and
the Central Lake Ontario Conservation Authority for reports describing the following:
Conditions of Draft Approval (S-C-2006-0001)
Page 5
a) the intended means of conveying stormwater flow from the site, including the
use of stormwater techniques which are appropriate and in accordance with
provincial guidelines;
b) the anticipated impact of the development on water quality, as it relates to
fish and wildlife habitat once adequate protective measures have been
undertaken; and
c) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction, in accordance with
provincial guidelines. The report must outline all actions to be taken to
prevent an increase in the concentration of solids in any water body as a
result of on-site or other related works, to comply with the Canada Fisheries
Act.
47. The Owner agrees to undertake the recommended mitigation measures as
identified within the Birchdale Village Black Creek Developments, Environmental
Impact Study Addendum as prepared by Aquafor Beech limited (2007).
48. The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing Fees and
Technical Review Fees as per the approved Authority Fee Schedule.
49. The subdivision agreement between the Owner and the Municipality of Clarington
shall contain, among other matters, the following provisions:
a) The Owner agrees to carry out the works referred to in Conditions 46 and
47, to the satisfaction of the Central Lake Ontario Conservation Authority;
b) The Owner agrees to maintain all stormwater management, erosion and
sedimentation control structures operating and in good repair during the
construction period, in a manner acceptable to the Central Lake Ontario
Conservation Authority;
c) The Owner agrees to advise the Central Lake Ontario Conservation
Authority, 48 hours prior to the commencement of grading or the initiation of
anyon-site works.
In order to expedite our approval/clearance of Condition 49 a copy of the fully
executed subdivision agreement should be submitted to the Authority.
50. The Owner shall agree in the Agreement, in words satisfactory to Bell Canada, to
grant to Bell Canada any easements that may be required for telecommunication
services and easements may be required subject to final servicing decisions.
51. The Owner shall be required to enter into an agreement (Letter of Understanding)
with Bell Canada complying with any underground servicing conditions imposed by
the Municipality.
Conditions of Draft Approval (S-C-2006-0001)
Page 6
52. The Owner is to co-ordinate the preparation of an overall utility distribution plan to
the satisfaction of all affected authorities.
53. The Owner shall ensure grading of all streets is to final elevation prior to the
installation of the gas lines and the provision of the necessary field survey
information required for the installation of the gas lines, all to the satisfaction of
Enbridge Gas Distribution.
54. Prior to final approval of this plan for registration, the Director of Planning Services
for the Municipality of Clarington shall be advised in writing by:
a) The Regional Municipality of Durham, how Conditions 3, 8, 10, 11, 12, 41,
42, 43, 44 and 45 have been satisfied;
b) Central Lake Ontario Conservation Authority, how Conditions 46,47,48 and
49 have been satisfied;
c) Bell Canada, how Conditions 50 and 51 have been satisfied; and
d) Enbridge Gas Distribution, how Conditions 52 and 53 have been satisfied.
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three years of the draft approval
date, and no extensions have been granted, draft approval shall lapse and the file
shall be CLOSED. Extensions may be granted provided valid reason is given and
is submitted to the Director of Planning Services for the Municipality of Clarington
well in advance of the lapsing date.
2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to
final approval. The Planning Act provides that draft approval, may be withdrawn at
any time prior to final approval.
3. All plans of subdivision must be registered in the Land Titles system within the
Regional Municipality of Durham.
4. Where agencies' requirements must be included in the local municipal
subdivision agreement, a copy of the fully executed agreement should be sent
to the agencies in order to facilitate their clearance of conditions for final
approval of this plan.
Conditions of Draft Approval (S-C-2006-0001)
Page 7
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town
of Newcastle to implement application ZBA 2006-0008;
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:
"Agricultural (A)" Zone to "Environmental Protection (EP)" Zone;
"Agricultural (A)" Zone to "Holding-Urban Residential Type One ((H)R1)" Zone;
"Agricultural (A)" Zone to "Holding-Urban Residential Type Two ((H)R2)" Zone;
"Environmental Protection (EP)" Zone to "Holding-Urban Residential Type One
((H)R1)" Zone; and
"Environmental Protection (EP)" Zone to "Holding-Urban Residential Type Two
((H)R2)" Zone.
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.
BY-LAW read a first time this
day of
2007
BY-LAW read a second time this
day of
2007
BY-LAW read a third time and finally passed this
day of
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Attachment 5
To Report PSD-092-07
This is Schedule "A" to By-law 2007-
passed this day of , 2007 A.D.
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Zoning To Remain "A"
Zoning Change From "A" To "(H)R1"
Zoning Change From "EP" To "(H)R2"
Zoning Change From "A" To "(H)R2"
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Zoning To Remain "EP"
Zoning Change From "A" To "EP"
Zoning Change From "EP" To "(H)R1"
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Patti L. Barrie, Municipal Clerk
Jim Abernethy, Mayor
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COURTICE
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Attachment 6
To Report PSD-092-07
Vegetation Community
- - - Limit of Harmony Farewell Iroquois
Beach Wetland Complex
Proposed Development - Application S-C 2006-001
Future Development Glendale Neihbourhood Plan
Approximate location of Yellow Lady Slipper
Figure 1
Vegetation Communities
o 10 20 40 60 80 100
- I
SCALE IN METRES
Aquafor Beech ~
Attachment 7
To Report PSD-092-07
@ Alternate locations for Proposed Wetland"
~ Buffer Planting & Setback
_ Additional Open Space Buffer
~ ROW Elimination
25 Metre Setback from the Stream
Limit of Harmony Farewell Iroquois
Beach Wetland Complex
Proposed Development - Application S-C 2006-000
Future Development Glendale Neihbourhood Plan
o 10 20 40 60 80 100
- I
SCALE IN METRES
Figure 2
Recommended Mitigation
Measures
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"Yellow Lad Sli er to be relocated in this feature