HomeMy WebLinkAboutPSD-060-09Leading the Way
~~-~~ REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTTEE
Date: Monday, June 22, 2009 ReSor'u~~n~~'1®933-~9
Report #: PSD-060-09 File #: ZBA 2004-003 and By-law #: pl`O~ / ~G~
S-C-2004-002 ~~- p9f7
Subject: PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT
TO PERMIT THE DEVELOPMENT OF 23 RESIDENTIAL UNITS
OWNER: HEADGATE GROUP INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-060-09 be received;
2. THAT provided there are no significant issues raised at the Public Meeting, the
application for proposed Plan of Subdivision S-C-2004-002 submitted by Tunney
Planning Inc. on behalf of Headgate Group Inc. be APPROVED subject to conditions as
contained in Attachment 5;
3. THAT provided there are no significant issues raised at the Public Meeting, the
application to amend Comprehensive Zoning By-law t34-63 be APPROVED and that the
amending By-law contained in Attachment 6 be PASSED;
4. THAT the By-law authorizing the entering into of a Subdivision Agreement between the
Owner of Draft Plan of Subdivision S-C-2004-002 and the Municipality of Clarington be
APPROVED as contained in Attachment 7;
5. THAT the Region of Durham Planning Department and the Municipal Property
Assessment Corporation be forwarded a copy of this report and Council's decision; and
6. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by: ~~
Davi J. rome, MCIP, RPP
Director of Planning Services
Reviewed by.
Franklin Wu,
Chief Administrative Officer
ATS*CP*sh*df
17 June 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-060-09 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Andy Anderson of Headgate Group Inc.
1.2 Agent: Kevin Tunney, Tunney Planning Inc.
1.3 Plan of Subdivision:
23 single-detached dwelling lots, comprised of ten, 10.0-metre lots and
thirteen, 12.0-metre lots, and related lands for roads, and a block for future
development.
1.4 Amendment to the Zoning By-law:
To change the current zoning on the lands from "Agricultural (A) Zone"
and "Environmental Protection (EP) Zone" to the "Holding -Urban
Residential ((H)R2-58) Zone" and the "Holding -Urban Residential
((H)R2-60) Zone" to permit the proposed development.
1.5 Site Area: 4.043 hectares (9.99 acres).
1.6 Location: The subject property is located at 1820 and 1824 Nash Road, being west
of Hancock Road, north of Nash Road, in Part Lot 27, Concession 3 in the
former Township of Darlington (Attachment 1).
2.0 BACKGROUND
2.1 Original Application:
On January 27, 2004 Andy Anderson on behalf of Headgate Group Inc. submitted an
application for approval of Draft Plan of Subdivision and a Zoning By-law Amendment to
permit the development of 35 residential units, a block for school purposes, and a block
for park purposes (Attachment 2). The public meeting was held on May 17, 2004.
2.2 Revised Application:
Subsequent to the Public Meeting held May 17, 2004, the applicant proceeded to
address comments from staff, agencies and the public. Resulting from the consultative
process and the completion of further studies, the proposed Draft Plan of Subdivision
and Zoning By-law Amendment application has been revised and now includes 23
single-detached dwelling lots and related roads (Attachment 3). The remaining lands
(Future Development Block 24) include a portion of a Provincially Significant Wetland
and lands to establish a buffer area between the proposed residential lots and an
existing auto wrecker use to the east.
2.3 Studies and reports submitted in support of the applications include:
• Phase 1 Environmental Site Assessment
• Functional Servicing Report
• Noise Impact Study
• Noise Compatibility Study
• Environmental Impact Study
REPORT NO.: PSD-060-09
PAGE 3
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The subject lands consist of a mixture of agricultural and forested lands with storage
sheds.
3.2 Surrounding Uses:
West - Registered Plan of Subdivision 40M-2364 with new residential construction
East - Courtice Auto Wreckers, rural residential (Attachment 4)
North - Registered Plan of Subdivision 40M-2364 with new residential construction
South - Vacant, rural residential
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement:
The Provincial Policy Statement identifies settlement areas as the focus of growth. Land
use patterns within settlement areas shall be based on the efficient use of land,
infrastructure and other public services, such as public transit. Natural features and
areas shall be protected for the long term. The diversity and connectivity of such
features should be maintained, restored or, where possible, improved. The proposed
development is consistent with the Provincial Policy Statement.
4.2 Provincial Growth Plan:
The Provincial Growth Plan provides a framework for accommodating growth in both
existing built up areas, through intensification and redevelopment, and in greenfield
areas. The subject Draft Plan is within a greenfield area. Development in greenfield
areas should be compact and transit-supportive and within an area serviced by existing
or planned municipal infrastructure, such as water and sewer services. Greenfield areas
are to have a minimum density target of 50 persons and jobs per hectare across the
Region. Natural heritage features that complement, link or enhance natural systems
shall be identified and protected. The subject applications were filed prior to the
enactment of the Provincial Growth Plan and is not required to conform.
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Reoion Official Plarr
Within the Durham Regional Official Plan, the lands are designated as Living Area, with
an indication of Key Natural Heritage and Hydrologic Features. Lands designated as
Living Area permit the development of communities with defined boundaries,
incorporating the widest possible variety of housing types, sizes and tenure. The natural
environment, including Key Natural Heritage and Hydrologic Features, shall be given
paramount consideration in light of their ecological functions and scientific, educational
and health values. The subject property is located along Nash Road, which is
designated as a Type "B" Arterial. The applications. conform to the Durham Region
Official Plan.
REPORT NO.: PSD-060-09
PAGE 4
5.2 Clarinpton Official Plan:
Within the Clarington Official Plan, the subject lands are designated as Urban
Residential and Environmental Protection Area. The use of land in the Urban
Residential designation is predominantly for single and semi detached housing. The
lands are within the Hancock Neighbourhood of the Courtice Urban Area, which has a
population allocation of 2,900 and a housing unit target of 975.
The Environmental Protection Area includes a significant woodlot and a wetland as
identified on Map C1, Natural Heritage System. The subject site is within the Lake
Iroquois Beach. The wetland is a portion of the Black/Farewell Wetland Complex, a
Provincially Significant Wetland.
An Environmental Impact Study (EIS) is required for development applications located
on lands within or adjacent to the Lake Iroquois Beach and/or, any natural heritage
feature identified on Map C1. An EIS was undertaken and is reviewed in Section 7.5 of
this report.
The policies require that plans of subdivision within the Lake Iroquois Beach implement
the recommendations of any EIS, to maintain or enhance groundwater functions
including but not limited to special house and infrastructure design requirements,
stormwater management or construction techniques.
The subject Draft Plan is bound by Nash Road to the south which is a Type B Arterial
Road and is a municipal road. Type B Arterial Roads are designed to move significant
volumes of traffic at moderate speeds from one part of the Municipality to the other.
Type "B" Arterial Roads shall have aright-of-way width ranging from 30 to 36 metres.
Immediately east of the subject site is Courtice Auto Wreckers which is identified in the
Official Plan as Waste Disposal Assessment Area. Waste Disposal Assessment Areas
shall include all lands that may be influenced by a site on which waste has been
deposited, or by a site on which waste will be deposited under a Provisional Certificate
of Approval issued under the Environmental Protection Act. The area of influence shall
be defined as 500 metres from the lands containing wastes unless othervuise
determined by the Province. Development within these areas shall be regulated in order
to protect public health and safety and to ensure land use compatibility.
A Phase I Environmental Assessment and a Noise Assessment were undertaken to
determine the impact of the adjacent auto wrecker on proposed development. These
are reviewed in Section 7.0 of this report.
The proposed Plan of Subdivision is located within Hancock Neighbourhood. A
neighbourhood design plan was prepared and approved by the Director of Planning and
Development and the Director of Public Works in September 1998.
In August of 1999 the Ministry of Natural Resources released updated mapping for the
Black -Farewell Wetland Complex. The revised mapping incorporated a number of
wetland areas in the Hancock neighbourhood that were not considered in previous
mapping dating back to 1987. This revised mapping impacts future development of
Block 24 of the subject draft plan, and has more significant impacts on road and lotting
REPORT NO.: PSD-060-09
PAGE 5
patterns to the west and north of the subject lands. Staff maintain that the development
of the subject draft plan being 23 lots and related roads and services can proceed in
light of the revised wetland mapping as the 23 lots are outside of the area affect by the
wetland and its buffer, and supported by the EIS.
The proposed plan of subdivision has been prepared in keeping with the approved
neighbourhood plan.
6.0 ZONING BY-LAW
6.1 Within Comprehensive Zoning By-law 84-63, as amended the lands are zoned
"Agricultural (A)" and "Environmental Protection (EP)". A Zoning By-law amendment is
required in order to implement the proposed plan of subdivision.
7.0 SUPPORTING DOCUMENTATION
7.1
The consulting firm of Golder Associates were retained by the applicant to undertake a
Phase 1 Environmental Site Assessment. The primary objective of the assessment is to
document site conditions on the day of the site reconnaissance and if possible identify
former or current practices on the subject property that may present issues of potential
environmental concern.
Potential environmental concerns were identified with the following:
The proximity of Courtice Auto Wreckers to the east of the subject lands and
potential impacts to subsurface soils (Attachment 4).
The existing structures on the subject lands containing solvents/fuel containers, a
freezer, chairs, mattresses and scrap metal. The report also notes suspected
asbestos-containing siding.
The presence of six 45 gallon drums on the subject property containing items such
as ashes, wood, scrap metal, cardboard and rags.
7.2 Functional Servicing Report:
The consulting firm of Sernas Associates was retained to prepare a Functional
Servicing Report. The report concluded that the site can be adequately serviced with
municipal sanitary sewer and water once services are extended to Registered Plan of
Subdivision 40M-2364 abutting to the west, and provided along Nash Road.
Minor storm drainage can be accommodated in the storm sewer design for Registered
Plan of Subdivision 40M-2364. Major overland flow can be accommodated with an
outtall to Nash Road via local streets and outlet to the stormwater management facility
located at the south-east corner of Nash Road and Courtice Road.
REPORT NO.: PSD-060-09 PAGE 6
7.3 Noise Impact Study:
The Noise Impact Study prepared by Sernas Associates in 2004 provided noise
abatement measures given the development's location along Nash Road. The report
does not identify any .mitigation measures for the outdoor living areas. Common
abatement measures with respect to ventilation and building components are required
for those lots fronting onto Nash Road. The recommendations are incorporated through
appropriate draft plan conditions and implemented through the subdivision agreement.
7.4 Noise Compatibility Assessment:
A Noise Compatibility Assessment was prepared by Golder Associates in 2007. The
report assessed land use compatibility between the subject draft plan and Courtice Auto
Wreckers. The Ontario Ministry of Environment's (MOE) D-6 guideline (Compatibility
between Industrial Facilities and Sensitive Land Uses) provided the premise for the
assessment.
The typical setback between a sensitive use (in this case, residential) and a Class II
Industrial Facility, such as Courtice Auto Wreckers, is 70 metres. However, as the
guideline states, there is merit to establishing a lesser setback where infilling, urban
redevelopment and/or a transition to mixed use is taking place.
The assessment concludes that the existing auto wrecker for the proposed residential
development will not cause land use interference issues. The consultant's conclusions
are based on:
• Lack of complaints from current residents;
• Proposed residential development has a greater separation distance than the
existing residential receptors; and
• On site setbacks from the vehicle storage area which provide an even greater
separation distance which will further minimize potential interference.
Based on the conclusions of the assessment, and discussions with staff and agencies,
the subject draft plan has been revised by withdrawing the lots within a 30 metre buffer
of the auto wrecker. Future development of Block 24 will require subsequent planning
approvals and the status of the auto wrecker would be a consideration at that time. As
part of this approval process, it is recommended that an appropriate warning clause to
inform purchasers of potential nuisance effects be included in all offers of purchase and
sale.
7.5 Environmental Impact Studv:
An Environmental Impact Study (EIS) was prepared by Aquafor Beech Limited in 2006.
The EIS was required to provide an in depth review of whether the subject draft plan
can proceed while ensuring the protection of the Provincially Significant Wetland (PSW),
a part of the Black-Farewell Creek Wetland Complex. The EIS also provides general
recommendations that will impact the development of lands in the broader Hancock
Neighbourhood.
REPORT NO.: PSD-060-09
PAGE 7
Recommendations specific to the subject draft plan include:
• Applicable recommendations of the EIS shall be incorporated into required
stormwater management report;
• Grading and drainage plan to include lot-level infiltration measures;
• Owner to provide measures to ensure long-term protection of sensitive portions of
Block 24;
• Owner to prepare a tree preservation plan;
• Owner to prepare a relocation plan to demonstrate protection of rare plant species;
and
• Requirement of an erosion and sediment control plan.
The recommendations are incorporated in the conditions of draft approval.
Additional recommendations contained within the report are not specific to the subject
draft plan. These recommendations will be considered during the update to the Hancock
Neighbourhood Design Plan and will be implemented through the development of Block
24 and other lands within the Hancock Neighbourhood Design Plan -more specifically
those lands generally west of Harry Gay Drive and north of George Reynolds Drive.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 First Public Meeting May 17. 2004
Public Notice was given by mail to each
A Public Meeting sign was installed on I
landowner within 120 metres of the subject site.
lash Road.
8.2 On March 14, 2004 Ms. Libby Racansky appeared before Council to express concerns
with urban sprawl particularly in relation to development in and adjacent to the Hancock
Neighbourhood. Her concerns specifically quote the applications submitted by
Headgate and the applications to amend the Durham Region Official Plan, Clarington
Official Plan and Hancock Neighbourhood Plan submitted by Nash Road Development,
neighbouring land owner to the west and north, to expand the urban boundary of
Courtice. Ms. Racansky on behalf of the Hancock residents requested the following:
a) No further development applications be dealt with until the draft Zoning By-law
identifies areas for development, taking into consideration Ministry of Natural
Resources wetland boundary;
b) Refine the Hancock Neighbourhood Plan taking into account the wetland boundary;
and
c) Planning practices should curb low density urban sprawl by permitting high density
along Nash Road and thereby avoiding expansion to the urban area boundary.
A subsequent planning report was considered by Council in October 2006 following a
further submission from Ms. Racansky. The report recommended a review of the
Neighbourhood Design Plan for the lands north and west of registered Plan 40M-2364.
REPORT NO.: PSD-060-09
PAGE 8
8.3 Second Public Meeting June 15. 2009:
Given the amount of time that has lapsed since the first public meeting in 2004, a
second public meeting was considered appropriate. Public Notice was given by mail to
each landowner within 120 metres of the subject site and all interested parties. A Public
Meeting sign was installed on Nash Road.
8.4 Up until the time of preparing this report, no additional submissions have been received.
9.0 AGENCY COMMENTS
9.1 The application has been circulated to a number of agencies for comment. Clarington
Emergency and Fire Services Department and Clarington Building Division have no
objections to the proposal.
9.2 The Clarington Engineering Services Department, Engineering and Parks Division
provided comments supporting the application subject to a number of conditions
including the following:
• Actual development cannot proceed until such time as suitable road connections
and all related urban services have been constructed within the adjacent plan of
subdivision. Suitability of road accesses and timing of development will be made at
the sole discretion of the Director of Engineering Services.
• Given the timing of the east-west connections to lands to the east, and the timing of
the reconstruction of Nash Road, only those lots fronting onto to Street "A" can
proceed as Phase 1.
The developer is required as a condition of the subdivision agreement to contribute
financially to a portion of the downstream stormwater management facilities and
infrastructure (which have been previously installed) to satisfaction of the Director of
Engineering Services.
• The stormwater drainage works and facilities necessary for this development must
be constructed in accordance with the Black Creek Tributary Master Drainage Study.
• The applicant's engineer will be required to prepare a Preliminary Grading and
Drainage Plan. Corner elevations for each lot must be provided. Satisfactory interim
drainage must be implemented. Tree/vegetation preservation must be incorporated
into the plan. The required plan will be subject to the approval of the Director of
Engineering Services prior to final approval of the subject draft plan.
• The owner will be responsible for 50% of the cost for the reconstruction of Nash
Road fronting Lots 19 to 23. The cost will include any works including stormwater
drainage improvements that are deemed necessary by the Director of Engineering
Services. Development on Lots 19 to 23 cannot occur until reconstruction of Nash
Road is complete.
• Cash-in-lieu will be required as the parkland dedication.
REPORT NO.: PSD-060-09 PAGE 9
9.3 The Kawartha Pine Ridge District School Board confirmed in writing in February 2007
that the school site as indicated in the Neighbourhood Design Plan will not be pursued.
9.4 The Region of Durham submitted comments based on their review of the revised draft
plan and the technical reports, and have provided applicable conditions. The Region of
Durham did not object to the subject draft plan and acknowledges that Block 24
provides a buffer between the auto wrecker and the proposed residential uses until such
time as the auto wrecker use ceases and appropriate remediation has taken place.
Other items highlighted in their review include:
No objections to the findings of the EIS subject to satisfying CLOC's comments;
Acknowledgement that the applicant will be required to implement the noise
attenuation measures through the subdivision agreement; and
Municipal water and sanitary sewer services are available and can be extended to
accommodate this development.
9.5 The Central Lake Ontario Conservation Authority advises that a portion of the Black/
Farewell Provincially Significant Wetland Complex is located on the subject property.
CLOCA reviewed the Environmental Impact Study (EIS) and suggested that the portion
of the wetland and buffer area be designated as an open space block. The EIS may
have to be revisited based on the dissolution of the school block. The EIS also identified
several rare plant species on the subject lands which should be appropriately relocated,
if possible, prior to any construction or development activity occurring on the site.
10.0 STAFF COMMENTS
10.1 The subject lands are within an area designated for urban development on full municipal
services within the Durham Region Official Plan and the Clarington Official Plan.
Approval of the subject draft plan is also consistent with provincial land use policies, as
well as regional and local Official Plan policies.
10.2 The revised draft plan (Attachment 3) comes forward as result of a public meeting
process and consultative period during which several factors affected the initial draft
plan (Attachment 2), namely:
A portion of the subject lands are designated as a Provincially Significant Wetland
(PSW) and an Environmental Impact Study (EIS) was prepared to determine
impacts and mitigation techniques in favour of the natural features on the site;
The proximity of Courtice Auto Wreckers necessitated additional review and
comments which resulted in a 30 metre buffer surrounding the auto wrecker site.
Development within this buffer will not occur at this time; and
The Kawartha Pine Ridge District School Board has confirmed the school site (Block
35 on the first submission) is no longer required.
REPORT NO.: PSD-060-09 PAGE 10
10.3 The revised draft plan now includes 23 lots for single detached dwellings. Block 24 is
comprised of those lands that cannot be developed at this time (wetland and protective
buffer area, former school/parkland blocks, 30 metre buffer surrounding auto wrecker
site). The development of any portion of Block 24 is unlikely to proceed until such a time
as lands intensify to the east and will be subject to future applications. Conditions have
been included to ensure the perpetual maintenance and protection of Block 24 until that
time.
10.4 The first phase of development includes Lots 1 to 13. Development on Lots 19 to 23
cannot proceed until the reconstruction of Nash Road is complete. Furthermore, the
Owner is responsible for contributing to 50% of the cost of the reconstruction project.
Similarly, development on Lots 14 to 18 cannot proceed until the logical extension of
Street 'B" is complete.
10.5 As a result of the revised wetland mapping certain lands in the Hancock Neighbourhood
cannot be developed until the Neighbourhood Design Plan is revisited. It is
recommended that the subject draft plan be approved given its location outside of the
affected areas, which is confirmed by the findings of the Environmental Impact Study.
While Block 24 forms part of this approval, actual development on Block 24 will be
contingent upon the review of the Hancock Neighbourhood Design Plan and
subsequent Planning Act applications.
10.6 The recommendations of the Environmental Impact Study (EIS) will be implemented
through the Draft Plan Conditions and applicable provisions will be included in the
Subdivision Agreement.
10.7 The presence of Courtice Auto Wreckers abutting the eastern property limits of the
subject lands necessitated discussion and revisions to the initial draft plan which had
residential lots abutting the auto wrecker site. The revised plan now provides a
minimum 30 metre buffer between proposed residential lots and the auto wrecker. The
status of the auto wrecker will be a considered as part of any future development
proposals on Block 24. Municipal and Regional Planning Staff are satisfied that the
intent of the Ministry of Environment's D-6 Guideline (Compatibility between Industrial
Facilities and Sensitive Land Uses) is being satisfied and an appropriate warning clause
notifying all prospective purchasers of the auto wrecker forms part of the approval.
10.8 Appropriate draft plan conditions, including required warning clauses, have been
included to satisfy the findings of the Noise Impact Study that looked at impacts
associated with the plan's location along Nash Road. These requirements will be
included in the Subdivision Agreement.
10.9 As confirmed by the functional servicing report, the lands can be adequately serviced
via the logical extension of water and sanitary sewer services from the west. The design
of the stormwater management pond was sized to accommodate the subject lands. A
more detailed stormwater management report will be required prior to final approval of
the plan.
REPORT NO.: PSD-060-09
PAGE 11
10.10 It is recommended that the residential portion of the subject lands be placed in the
"Holding -Urban Residential Exception ((H)R2-58) Zone" and the "Holding -Urban
Residential Exception ({H)R2-60) Zone" to allow for the layout of the 10.0 metre and
12.0 metre lots. The zones applied reflect current standards seen in newer subdivisions
with respect to lot coverage and setbacks. The Holding (H) provision will be utilized to
ensure adequate access and services prior to development and will be lifted- by Council
when the appropriate conditions are met. While it is premature to determine the zoning
for the developable portion of Block 24, it is recommended that the wetland and the 30
metre buffer be placed in the Environmental Protection (EP) Zone at this time.
10.11 The applicant has provided their concurrence with the Conditions of Draft Plan Approval
as set out in Attachment 6. The conditions include those referenced above and those
which are standard and apply to all development in the Municipality of Clarington.
10.12 All taxes payable to the Municipality of Clarington have been paid in full.
11.0 CONCLUSIONS
11.1 In consideration of the comments received by applicable agencies, staff and area
residents, staff recommend that the Draft Plan of Subdivison SC-2004-002 (Attachment
3) subject to the Conditions of Draft Plan Approval (Attachment 5) and the Zoning By-
law Amendment (Attachment 6) be APPROVED.
Attachments:
Attachment 1 -Key Map
Attachment 2 -Draft Plan of Subdivision 1ST Submission
Attachment 3 -Draft Plan of Subdivision Current Submission
Attachment 4 -Air Photo Illustrating Buffer area
Attachment 5 -Conditions of Draft Approval
Attachment 6 -Proposed Zoning By-law Amendment
Attachment 7 - By-law Authorizing Subdivision Agreement
Interested parties to be notified of Council's decision
Andy Anderson Heather Stevens
Kevin Tunney Bill Manson
Libby Racansky
Udo Stevens
Attachment 1
To Report PSD-060-09
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Attachment 5
To Report PSD-060-09
CONDITIONS OF DRAFT APPROVAL
FILE NO.: S-C-2004-002 & ZBA 2004-003
PLAN IDENTIFICATION
The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-2004-002 prepared by Tunney Planning Inc. identified as
project number TUN 485-1, revised May, 2009, which illustrates 23 lots for single
family residential units and associated blocks for future development, 0.3 metre
reserves, roads and road widenings.
FINAL PLAN REQUIREMENTS
The Owner shall dedicate the road allowances included in this draft plan as
public highways on the final plan, inclusive of existing temporary turning circles.
2. 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.
3. The Owner shall prepare an Environmental Sustainability Plan, prior to final
approval, for approval by the Director of Planning Services and the Director of
Engineering Services. This plan must be approved by the Municipality of
Clarington, and shall identify specific measures to ensure the protection,
conservation and enhancement of air, water, and ecological features and
functions, energy and other resources and heritage resources. As a minimum,
the report shall address:
i) Energy conservation measures for new homes, such as the construction
and operation of new residential building to a minimum rating of 80 or
more in accordance with Natural Resources Canada "EnerGuide for New
Houses" or equivalent certification system;
ii) Water conservation measures for new homes such as the Water Sense
program or equivalent program;
iii) Use of environmentally friendly materials or finishes in the dwellings; and
iv) The preparation of a community education hand-book on the
environmentally sensitive areas in the neighbourhood.
4. The Owner shall obtain municipal approval of the zoning for the land uses shown
on the approved draft plan in accordance with the provisions of the Planning Act.
5. The Owner shall submit plans showing the proposed phasing to the Region and
the Municipality of Clarington for review and approval if this subdivision is to be
developed by more than one registration. The Municipality shall require the
preparation of a subdivision agreement for each phase of development.
81 6
6. That 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. That 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.
8. The Master Drainage .and Lot Grading Plan shall include lot-level infiltration
measures to maintain the pre-development water balance as identified in the
Environmental Impact Study prepared by Aquafor Beech, dated September 12,
2006.
9. An Erosion and Sediment Control Plan shall be submitted to the Director of
Engineering Services and Central Lake Ontario Conservation Authority to review
silt controls for the protection of neighbouring wetlands, forests and waterways.
10. All land dedications, easements, sight triangles and reserves as required by the
Municipality of Clarington for this development must be granted to the
Municipality of Clarington free and clear of all encumbrances and in a form
satisfactory to the Municipality's solicitor.
11. The Owner shall submit an on-street. parking plan to the satisfaction of the
Director of Municipal Engineering Services.
12. Prior to the issuance of building permits within the subject draft plan, the Owner
shall provide for the removal of any existing temporary turning circles located on
the subject lands to facilitate the adjacent subdivision to the west. The applicant
must reconstruct any roads containing turning circles to an urban standard,
including asphalt paving, curb and gutter, boulevard sod, sidewalks, street
lighting and street trees.
13. Development of Lots 1 to 13, inclusive, cannot proceed until such time as
suitable road connections and all related urban services have been constructed
within adjacent Registered Plan 40M-2364. Any final decision regarding the
suitability of road accesses and the timing for development will be made solely at
the discretion of the Director of Engineering Services.
14. Development on Block 24 will require the submission of subsequent Planning Act
application(s) and plans illustrating the proposed development.
15. The Owner acknowledges that lands within this draft plan contain portions of a
"Provincially Significant Wetland" and other sensitive features as identified in the
Condition of Draft Approval -Page 2 of 70
Environmental Impact Study prepared by Aquafor Beech dated September 12,
2006. Prior to registration of any portion of this plan the Owner shall demonstrate
how the wetland and other sensitive features identified in the Environmental
Impact Study will be protected from disturbances of any kind and how perpetual
maintenance of Block 24 in its entirety will be undertaken.
16. The Owner shall convey a 5.0 metre road widening across the entire frontage to
the Municipality of Clarington for the purpose of widening Nash Road.
17. .The Owner will be responsible for fifty percent (50%) of the cost (including but
not limited to construction, engineering, inspection, administration, legal) for the
reconstruction of Nash Road from Lot 19 to Lot 23 as shown on draft plan of
subdivision S-C-2004-002. The cost will include all works including stormwater
drainage improvements that are deemed necessary by the Director of
Engineering Services. Said costs will be paid to the Municipality:
• Prior to the issuance of an Authorization to Commence Works within any
portion of lands defined in draft plan of subdivision S-C-2004-002; or,
• Upon the Director of Engineering Services advising the Owner, in writing, that
the reconstruction of that portion of Nash Road fronting Lots 19 to 23 as
shown on draft plan of subdivision S-C-2004-002 has been included within the
Municipality's Capital Budget and has been scheduled for reconstruction;
whichever occurs first.
The Owner will be responsible for 100% of any oversizing required to service lots
19 to 23.
18. Development on Lots 19, 20, 21, 22 and 23 cannot occur until the reconstruction
of Nash Road between Harry Gay Drive and Hancock Road has been completed
to the satisfaction of the Director of Engineering Services.
19. Development on Lots 14, 15, 16, 17 and 18 cannot occur until the logical
extension of Street "B" to the east in accordance with the approved
Neighbourhood Design Plan is complete. A temporary turning circle at the east
terminus of Street "B" will not be permitted.
20. The Owner shall terminate any dead ends and/or open sides of road allowances
created by this draft plan in 0.3 metre reserve(s) as represented by Blocks 37
and 39 to be conveyed to the Municipality of Clarington.
21. The Owner shall construct and extend all underground services and utilities
within Street "A" to the front property line of Blocks 90,91 and 92 (six (6) semi-
detached lots) within Registered Plan 40M-2364.
Condition of Draft Approval -Page 3 of 10
22. The Owner shall provide acash-in-lieu of parkland payment in accordance with
Section 42 of the Planning Act based on the value of the lands on the day before
the issuance of a building permit.
23. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities.
24. The Owner shall provide and install sidewalks, street lights, temporary turning
circles etc., as per the Municipality's standards and criteria.
25. The Owner shall cause all utilities, including hydro, telephone, Cable TV, etc., to
be buried underground.
26. The Owner shall submit a detailed tree preservation plan to the satisfaction of the
Director of Engineering Service and Director of Planning Services. The tree
preservation plan shall consider the findings of the Environmental Impact Study
prepared by Aquafor Beech, dated September 12, 2006. No trees shall be
removed until such time as this program has been approved except as
authorized by the Municipality.
27. 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 water mains 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.
28. The Owner shall be 100% responsible for the cost of any architectural design
guidelines specific to this development, as well as 100% of the cost for the
"Control Architect" to review and approve all proposed models and building
permits, to the satisfaction of the Director of Planning Services.
29. No building permit shall be issued for the construction of any building on any
residential lot or block on said plan, until the architectural control guidelines for
the development and the exterior architectural design of each building and the
location of the building on the lot has been approved by the Municipality of
Clarington.
30. No residential units shall be offered for sale to the public on said plan until such
time architectural control guidelines and the Director of Planning Services has
approved the exterior architectural design of each building.
31. 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
Condition of Draft Approval -Page 4 of 10
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.
32. The Owner acknowledges and agrees that the existing auto wrecker use on the
lands adjacent to the draft plan of subdivision may expand or intensify with the
result that the Ministry of Environment's Land use Compatibility Guideline D-6
may not be satisfied as between any such expanded or intensified use or uses
and the proposed uses on the draft plan of subdivision. The Owner further
acknowledges and agrees that the Municipality of Clarington and the Region of
Durham have made no representation whatsoever with respect to any future use
or uses of such auto wrecker or on the lands related thereto, and nothing in this
Agreement requires the Municipality and/or the Region to take, or prevents the
Municipality and/or the Region from taking, any action whatsoever in connection
with such auto wrecker use or uses or any of the lands related thereto.
33. 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.
34. 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 changes pursuant to the Development Charge
Act if any are required to be paid by the Owner.
35. The Owner supply on disk, in a CAD format acceptable to the Municipality a copy
of the proposed Plan of Subdivision as Draft Approved and each 40M -Plan
proposed for registration.
36. The Owner is required to submit a signed Record of Site Condition (RSC) to the
Regional Municipality of Durham, the Municipality of Clarington and the Ministry
of Environment (MOE). This RSC must be to the satisfaction of the Region,
including an Acknowledgement of Receipt of the RSC by the MOE.
37. The Owner shall engage a qualified professional to carry out to the satisfaction of
the Ministry of Citizenship, Culture and Recreation, an archaeological
assessment of the entire property and mitigate, through preservation or resource
removal and documentation, adverse impacts to any significant archaeological
resources found. No demolition, grading or other soil disturbances shall take
place on the subject property prior to the Ministry of Citizenship, Culture and
Recreation confirming that all archaeological resource concerns have been met
including licensing and resource conservation requirements.
Condition of Draft Approval -Page 5 of 10
38. Prior to any on-site grading or construction or final registration of the plan, the
Owner shall submit and obtain approval from the Municipality of Clarington, and
the Central Lake Ontario Conservation Authority for reports describing the
following:
a) the intended means of conveying stormwater flow from the site, including use
of stormwater techniques, which are appropriate, and in accordance with the
provincial guidelines. The stormwater management facilities must be
designed and implemented in accordance with the recommendations of the
East (Macourtice) Tributary of Black Creek Master Drainage Study, dated
August 1991, prepared by G.M. Sernas and Associates and the
Environmental Impact Study prepared by Aquafor Beech,. dated September
12, 2006;
b) the anticipated impact of the development on water quality, as it relates to fish
and wildlife habitat once adequate protective measures have been taken;
c) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with the
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; and
d) on-site groundwater conditions and contributions to the base flow of Black
Creek and necessary measure to maintain these contributions.
39. The Owner will be required to contribute financially to a portion of the
downstream stormwater management facilities and infrastructure to the
satisfaction of the Director of Engineering Services.
40. Prior to any on-site grading or construction or final registration of the plan, the
Owner shall provide a relocation plan to the satisfaction of Central Lake Ontario
Conservation Authority and the Municipality of Clarington demonstrating the
protection of rare plant species identified by the Environmental Impact Study
prepared by Aquafor Beech, dated September 12, 2006.
41. 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.
42. The Owner shall agree in the subdivision agreement to implement the
recommendations of the report titled "Noise Impact Study, Plan of Subdivision,
Headgate -Hancock Neighbourhood, Municipality of Clarington, Part of Lot 27,
Concession 3" dated May 2004 prepared by Sernas Associates, which specifies
noise attenuation measures for the development. The agreement shall contain a
full and complete reference to the noise report (i.e. author, title, date and any
Condition of Draft Approval -Page 6 of 70
revisions/addenda thereto) and shall include any required warning clauses
identified in the acoustic report. The Owner shall provide the Region with a copy
of the subdivision agreement containing such provisions prior to final approval of
the plan.
43. The Owner shall satisfy all requirements, financial and otherwise, of the
Municipality of Clarington. This shall include, among other matters, the execution
of a subdivision agreement between the Owner and the Municipality of Clarington
concerning the provision and installation of roads, services, drainage, other local
services and all internal and external works and services related to this proposal.
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. 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.
46. The Regional Municipality of Durham shall be satisfied that sanitary sewer and
water supply services have been installed, or shall. be installed, in the
abutting/adjacent subdivision described as Registered Plan 40M-2364.
47. The Owner shall grant to the Region of Durham, any easements required for
provision of Regional services for this development and these easements shall
be in location and of such widths as determined by the Region of Durham.
48. 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.
49. The Owner is hereby advised that prior to commencing any work within the Plan,
the Developer must confirm that sufficient wire-line communication/
telecommunication infrastructure is currently available within the proposed
development to provide communication/telecommunication service to the
proposed development. In the event that such infrastructure is not available, the
Owner is hereby advised that the Owner may be required to pay for the
Condition of Draft Approval -Page 7 of 70
connection to and/or extension of the existing communication/ telecommunication
infrastructure. If the Owner elects not to pay for such connection to and and/or
extension of the existing communication/telecommunication infrastructure, the
Owner shall be required to demonstrate to the Municipality that sufficient
alternative communication/telecommunication facilities are available within the
proposed development to enable, at a minimum, the effective delivery of
communication/telecommunication services for emergency management
services (i.e. 911 Emergency Services).
50. The Owner shall agree in the Subdivision Agreement, to grant to any easements
that may be required for telecommunication services. Easements may be
required subject to final servicing decisions. In the event of any conflict with
existing facilities or easements, the Owner shall be responsible for the relocation
of such facilities. or easements.
51. The Owner agrees to coordinate the preparation of an overall utility distribution
plan to the satisfaction of all effected authorities.
52. The Owner shall grade all streets to final elevation prior to the installation of the
gas lines and provide the necessary field survey information required for the
installation of the gas lines, all to the satisfaction of Municipality of Clarington and
the service provider.
53. The Owner shall ensure that all natural gas distribution systems are installed
within the proposed road allowances.
54. The subdivision agreement between the Owner and the Municipality of
Clarington shall contain, among other matters, the following provisions:
a) The Owner agrees to include provisions whereby all offers of purchase
and sale shall include information that satisfies Subsection 59(4) of the
Development Charges Act, 1997.
b) The Owner agrees to fulfill the requirements of the Master Drainage Study
as they apply to this site to the satisfaction of the Municipality of Clarington
Director of Engineering Services and Central Lake Ontario Conservation
Authority.
c) The Owner agrees to maintain all stormwater management and erosion
and sedimentation control structures operating and in good repair during
the construction period, in a manner satisfactory to the Municipality of
Clarington Director of Engineering Services and Central Lake Ontario
Conservation Authority.
Condition of Draft Approval -Page 8 of 70
d) The Owner agrees to advise the Central Lake Ontario Conservation
Authority 48 hours prior to commencement of grading or the initiation of
any on-site works.
e) The Owner agrees the implement those noise control measures
recommended in the Noise Report required in Condition 39.
f) That the Builder include a disclosure in all purchase and sale agreements
advising home buyers of municipal parking regulations, to the satisfaction
of the Director of Planning Services.
g) The Owner agrees to place the following in all agreements of purchase and
sale between the Developer and all prospective homebtayers:
i) "Warning: An existing and operating auto-wrecker use or uses is
located on lands adjacent to this plan of subdivision and such use or
uses could expand or intensify in the future with the result that the
Ministry of Environment's Land Use Compatibility Guideline D-6 for
such use or uses is no longer satisfied."
h) The Owner agrees to place the following in all agreements of purchase and
sale between the Developer and prospective homebuyers of Lots 19 to 23,
inclusive:
i) "Warning: Purchasers are advised that despite the inclusion of noise
abatement features within the development area, noise levels from
future road traffic may be of concern, occasionally interfering with
some activities of the dwelling occupants as the noise level will
exceed the Ministry of Environment's noise criteria."
ii) "Warning: This dwelling unit was fitted with ducting sized to
accommodate a central air conditioning unit. The installation of
central air conditioning by the homeowner will allow windows to be
kept closed, thereby achieving indoor noise levels within limits
recommended by the Ministry of Environment. (Note: care should
be taken to ensure that the condenser unit is located in an area that
is not sensitive to noise.) The sound rating of central air conditioning
units must not exceed. the sound emission standards established by
the Ministry of Environment."
55. 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) Region of Durham, how Conditions 2, 5, 36, 45, 46, 47 and 48 have been
satisfied;
Condition of Draft Approval -Page 9 of 10
b) Natural Gas Service Provider, how Conditions 51, 52 and 53 have been
satisfied;
c) Telecommunications Service Provider, how Conditions 49 and 50 have
been satisfied;
d) Central Lake Ontario Conservation Authority, how Conditions 8, 9, 15, 26,
38, 40 and 41 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.
4. All plans of subdivision must be registered in the Land Titles system within the
Regional Municipality of Durham.
5. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies
in order to facilitate their clearance of conditions for final approval of this plan.
The addresses and telephone numbers of these agencies are:
a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario, LIH 3T3 (905) 579-0411.
h) Enbridge Gas Distribution Inc., P.O. Box 650, Scarborough, ON M1K 5E3
i) Bell Canada, Development & Municipal Services Control Centre, Floor 5,
100 Borough Drive, Scarborough, ON M1P 4W2
j) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box
623, Whitby, ON L1N 6A3 (905-668-7721)
Condition of Draft Approval -Page 10 of 10
Attachment 6
To Report PSD-060-09
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
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 ZBA 2008-0009;
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 ((H)R2-58) Zone"';
"Agricultural (A) Zone' to "Holding -Urban Residential ((H)R2-60) Zone';
""Environmental Protection (EP) Zone" to "Holding -Urban Residential ((H)R2-58)
Zone'; and
"Environmental Protection (EP) Zone' to "Holding -Urban Residential ((H)R2-60)
Zone'.
as illustrated on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall farm part of the By-law.
3. This ey-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 2009
BY-LAW read a second time this day of 20D9
BY-LAW read a third time and finally passed this day of 2009
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2008-
passed this
day
of ,
, 2008 A.D,
Jim Abernathy, Moyor
Patti L: Barrie, Municipal Clerk
v v Zoning Change From "A" To "EP"
®Zoning Change From "A" To "{H)R2-58"
®Zoning Change From "A" To "(H)R2-60"
~ Zoning Change From "EP" To "(H}R2-58"
Zoning Change From "EP" To "(H)R2-60"
couRr~ce
® Zoning To Remain "EP"
Zoning To Remain "A"
Attachment 6
To Report PSD-060-09
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2009-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
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 ZBA 2008-0009;
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 Exception ((H)R2-58) Zone";
"Agricultural (A) Zone" to "Holding -Urban Residential Exception ((H)R2-GO) Zone";
""Environmental Protection (EP) Zone' to "Holding -Urban Residential Exception
((H)R2-58) Zone'; and
"Environmental Protection (EP) Zone" to `Holding -Urban Residential Exception
((H)R2-60) Zone'.
as illustrated on the attached Schedule "A' hereto.
2. Schedule "A" attached hereto shall form part of the 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 2009
BY-LAW read a second time this day of 2009
BY-LAW read a third time and finally passed this day of 2009
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk