HomeMy WebLinkAboutPSD-100-09Clarington
Leading the Way
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATIION COMMI/T+TEE
Date: Monday, November 2, 2009 ~~Sb low ~"Gl~l}-S~!/ ~ 9
Report #: PSD-100-09 File #: COPA 2007-0001 By-law #: o~UQ-'/~
ZBA 2007-0003 and S-C-2007-0002 ~ ~-~5~
Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND
20NING BY-LAW AND FOR DRAFT PLAN OF SUBDIVISION TO PERMIT 31
SINGLE DETACHED DWELLING UNITS
APPLICANT: COURTICE HOMESTEAD LAND CORPORATION
RECOMMENDATIONS:
It is respectfully ,.recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-100-09 be received;
2. THAT Amendment No. 68 to the Clarington Official Plan as submitted by Courtice
Homestead Land Corporation, to delete Type 'C' Arterial Road (Future Adelaide
Avenue) east of Trulls Road, be ADOPTED as indicated in Attachment 4 to this report
and that the By-law contained in Attachment 4 be ADOPTED;
3. THAT the application for Draft Approval of the Proposed Plan of Subdivision submitted
by Courtice Homestead Land Corporation be APPROVED as contained in Attachment
2, subject to the Conditions of Draft Approval, contained in Attachment 5;
4. THAT the application for Zoning By-law Amendment, submitted by Courtice Homestead
Land Corporation be APPROVED as contained in Attachment 6;
5. THAT the By-law authorizing the entering into a Subdivision Agreement between the
Owner of Draft Plan of Subdivision S-C-2007-0002 and the Municipality of Clarington be
APPROVED as contained in Attachment 7;
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.
REPORT NO.: PSD-100-09
PAGE 2
Submitted by:
BR/CP/av/df
28 October 2009
Reviewed by:
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F
Director, Planning Services
REPORT NO.: PSD-100-09
PAGE 3
1.0 APPLICATION DETAILS
1.1 Applicant/Owner: Courtice Homestead Land Corporation
1.2 Official Plan Amendment Application
Part A - To delete Adelaide Avenue east of Trulls Road,
Part B - To review, in the context of the Clarington Official
Plan Review, potential land uses in the portion of the
property within Special Study Area 5.
1.3 Subdivision Application:
1.4 Rezoning Application:
1.5 Area:
1.6 Location:
2.0 BACKGROUND
To permit 31 detached lots
To implement the proposed plan of subdivision
6.804 hectares (16.813 acres)
East of Trulls Road, North of Daiseyfield Avenue, Courtice
2.1 In December 2006, Courtice Homestead Land Corporation submitted applications to the
Municipality of Clarington to amend the Clarington Official Plan to delete a Type C
Arterial Road, Adelaide Avenue, east of Trulls Road. In addition applications for Zoning
By-law Amendment and proposed draft Plan of Subdivision to permit 61 single detached
dwelling units were submitted.
2.2 The subdivision application proposed to develop all of the applicant's land holdings.
During staff review of the three applications it was determined that approximately 100
metres of the subject property and a portion of the 61 unit proposed plan of subdivision
extended into Special Study Area 5 -Farewell Heights East. The Clarington Official
Plan policies for Special Study Area 5 state that in the absence of coincident physical
features only minor deviations to the boundary may be permitted without amendment to
the Official Plan provided such deviations do not alter the intent of the plan.
2.3 All of the land added to the Courtice Urban Area in the 1991 Regional Official Plan,
generally north of the Adelaide Avenue alignment, was meant to be Special Study Area
given the environmental sensitivity of the area. The Clarington Official Plan states the
Special Study Area 5 land is not required for residential development in the Plan's
timeframe to 2016.
2.4 Planning staff discussed with the applicant and his consultants the fact that the northern
portion of the proposed subdivision was within Special Study Area 5. Prior to
consideration of any development application within Special Study Area 5 a watershed
study for Farewell and Black Creeks must be completed and approved. Once said study
is completed only during the next five year review of the Clarington Plan will land area
REPORT NO.: PSD-100-09
PAGE 4
requirements be reviewed. The above discussion led to revisions to the applications to
have the proposed plan of subdivision only deal with lands south of the Special Study
Area, and have the balance of the applicant's land within Special Study Area 5 be
deferred to the Official Plan Review.
2.5 A revised proposed plan of subdivision was submitted on May 22, 2007. In addition a
planning justification report was submitted in support of the amended applications. The
report is summarized as follows:
• The eastern termination of Adelaide Avenue at Trulls Road fulfills the Durham
Transportation Master Plan, the Adelaide Avenue East Extension Environmental
Assessment Report, the new Amendment 114 to the Durham Official Plan, and
the Clarington Official Plan once the local plan is made to conform to the above
new Durham Official Plan;
The Clarington Official Plan Amendment application would permit the new
eastern termination for Adelaide on the west side of Trulls Road, and hence, the
proposal, prior to the completion of the above conformity exercise;
• The northern 100 metres of the subject property is not functionally part of Special
Study Area 5 since it drains south to Farewell Creek, can connect to water and
sanitary sewer from the south, and can direct storm water south to the existing
Horban Storm Water Management Pond; and
• The proposal is an efficient land use, provides more housing and more affordable
housing, makes efficient use of infrastructure, and ensures the preservation of
natural areas and features, all as per the Provincial Policy Statement.
2.6 The revised proposal is for 31 single detached units ranging from 12.0 to 15.0 metre
frontages. Thirteen of the lots will be located abutting Trulls Road. with their frontage on
the proposed local street. In order to satisfy the Ministry of the Environment
requirements for noise attenuation, the applicant is proposing to create a large amenity
area in the dwelling's front yard, on the local street. This will allow these lots to be
developed without the need of a noise fence along Trulls Road. The developer will be
required to plant a cedar hedge screen along the Trulls Road frontage of these lots.
Development limits abutting the Provincially Significant Wetland was determined
through an Environmental Impact Study administered by the Municipality with the
assistance of CLOCA staff. Lots on the east side of the proposed street are setback a
minimum of 27 metres from the wetland boundary.
2.7 A stage 1 and 2 Archaeological Assessment was submitted. It reviewed the
archaeological potential of the entire subject property (the original 61 unit proposal).
The survey approach used was on a `high potential' site. However, no archaeological
material was found and complete clearance of the subject property was recommended.
2.8 The Public Meeting for this Proposal was held November 19, 2007.
2.9 A Conceptual Servicing Report which included a Conceptual Grading Plan and an 'On-
street' Parking Plan was submitted on November 20, 2007.
REPORT NO.: PSD-100-09
PAGE 5
2.10 A Noise Impact Study was submitted January 4, 2008, revised in January 2009, and
recently revised and re-submitted July 3, 2009. The latest revision features two options.
Option 1 has the dwellings abutting Trulls Road containing their outdoor amenity areas
in the front yard, east of and acoustically protected by, the dwellings themselves.
Option 2 has the outdoor amenity areas in the rear yard but protected by a 2.75 metre
high acoustical fence. Staff does not support this option.
2.11 An Environmental Impact Study (EIS) over three seasons was required for this proposal
given the presence of the Harmony-Farewell Iroquois Beach Wetland Complex on and
abutting the subject property. The three seasons of field research were completed
before December 3, 2008 at which time the Draft EIS Report was released. The EIS
Steering Committee met December 17, 2008 to discuss the draft report.. It appeared
that the lotting at the south end of the proposed subdivision intruded greatly into the
required buffer for the wetland complex. On the basis of field work and subsequent
surveying a revised plan of subdivision of 31 single detached dwellings was prepared in
early May 2009. The EIS Consultant confirmed this plan's compatibility with the above
field visit's conclusions and the start of work on the Draft Final EIS Report. This report
was submitted to Planning staff on June 12, 2009 and the EIS Steering Committee
Meeting reviewed the report on July 9, 2009. The substance was completely affirmed
by the Committee and the Final Version of the EIS Report was given to the Municipality
on July 21, 2009. An open house was held on September 15, 2009, to present the
findings of the EIS to the public.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is fairly flat with the west half being vacant pasture-like area. The
east half is valleyland for a tributary of Farewell Creek. The east bank of the valleyland
is heavily wooded.
3.2 The surrounding uses are as follows
North - vacant
South - detached dwellings on Trulls Road and Bellman Court with wooded
valleyland in between
East - vacant but wooded
West - Trulls Road and beyond, detached and semi-detached dwellings
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
The proposed subdivision is planned for a portion of an existing urban area and this
provides the opportunity for not only keeping growth in an existing settlement area but
for utilization of nearby existing servicing infrastructure and Courtice public service
facilities. Urban residential development on Daiseyfield Avenue and Bellman Court is
close to the property. The 31 proposed dwelling units will contribute to meeting the 3
year supply of residential land with servicing capacity, appropriate zoning and draft
approval or registration. The Provincial Policy Statement also requires the preservation
of significant natural heritage features, also accomplished by this proposal.
REPORT NO.: PSD-100-09
PAGE 6
4.2 Provincial Growth Plan
The proposed subdivision does represent the management of growth, specifically, the
directing of development and major growth to a settlement area, that is, the Courtice
Urban Area, an area with municipal water and sanitary systems.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan, designates the subject property as Living Area and
Special Study Area 3. The lands within Special Study Area 3 are generally north of
former Adelaide Avenue alignment and correspond to the Clarington Official Plan's
Special Study Area 5. Special Study Areas, including Area 3, require further study to
determine their appropriate land use designations. Until this occurs only uses which do
not prejudice such further study are permitted. The recently revised 31 unit subdivision
plan is completely within the Living Area.
Part of the property is also within a Key Natural Heritage/Hydrologic Feature identified in
the Regional Plan, hence the required Environmental Impact Study (E.I.S.).
Amendment 114 was approved and came into force in 2008. It deleted Adelaide Avenue
Extension east of Trulls Road. The applications appear to conform to the new Durham
Regional Official Plan.
5.2 Clarinoton Official Plan
The Clarington Official Plan designates the property in part as Special Study Area 5, in
part as Urban Residential and in part as Environmental Protection Area. The 31 unit
subdivision proposal is completely within the Urban Residential designation. Since
some of the property is within Environmental Protection Area an Environmental Impact
Study (E.I.S.) is required. The Official Plan identifies a Type 'C' Arterial (the Adelaide
Avenue Extension) running through the property and it designates the part of the
property north of the arterial as Special Study Area 5. A Clarington Official Plan
Amendment is required to remove the Adelaide Avenue Extension Type 'C' Arterial from
Trulls Road to Courtice Road.
The Official Plan Amendment application deals with the above referenced segment of
Type `C' Arterial. The component dealing with the lands in Special Study Area 5 will be
referred to the Clarington Official Plan Review.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands "Environmental Protection (EP)" around
the creek tributary and "Agricultural (A)" elsewhere. The "Agricultural (A)" zoning is not
consistent with the Urban Residential land use designation or the subdivision proposal
and hence, the rezoning application.
REPORT NO.: PSD-100-09
PAGE 7
7.0 PUBLIC SUBMISSIONS
7.1 As a result of the public notification process, the Planning Services Department
received a number of a-mails and letters.
7.2 A resident on Bellman Court requested detailed information on the proposal, on the
development impacts to the forested wetland to the east of the proposal and other areas
zoned environmental protection area, and the distance to the. Bellman Court
subdivision. The response explained the Official Plan Amendment to the delete
Adelaide Avenue east of Trulls Road, and that the proposal is subject to an
Environmental Impact Study that will keep the proposal out of the- environmental
protection area and Bellman Court is about 130 metres from the proposal.
7.3 Another Bellman Court household requested detailed information on the proposal and
subsequently wrote opposing the proposal since there were no sidewalks on the east
side of Trulls Road or the west side of Trulls north of Daiseyfield Avenue, and there are
no streetlights by the proposed subdivision. The resident also noted that the animals in
the forested area need to be considered in the environmental study which should occur
in spring and/or summer. Also noted were the defiencies of Trulls Road north of
Daiseyfield Avenue, and the small lot sizes for the area. Particular concern was for the
proposal's new residents shortcutting through the forest directly north of Bellman Court
to get to the elementary and secondary schools and magnifying an existing problem.
7.4 A Trulls Road resident owning land within Special Study Area 5 wrote a letter stating
that if consideration is being given to redesignating a portion of the above Area 5 to
residential that in fairness to himself he should be allowed to apply for redesignation of
his land.
8.0 AGENCY COMMENTS
8.1 Clarington Emergency and Fire Services had no fire safety concerns, Building Division
had no concems, Hydro One, Rogers Cable and Enbridge had no objections.
8.2 Clarington Operations notes boulevard tree plantings must be well clear of intersection
sight lines.
8.3 Durham Region Transit requested a hard surfaced bus stop and shelter on Trulls Road
at Road `A'.
8.4 The Public School Board noted the subdivision would generate approximately 7
elementary students for Courtice North Public School and 3 secondary students for
Courtice Secondary School.
8.5 Claringtoh Engineering Services reviewed the proposal and had no objection in
principle. They provided a number of conditions of draft approval.
REPORT NO.: PSD-700-09
PAGE 8
8.6 Durham Region Planning had a number of comments and conditions of draft approval.
The Department noted the part of the property north of the subject plan was in a Special
Study Area and was not part of this proposal. If the portion to the north was in this
proposal a Regional Official Plan Amendment would be required. The subject plan,
being in an area of high aquifer vulnerability and near a key natural heritage feature,
requires protection, which may include buffering, and an appropriate study such as an
environmental impact study.
The proposed Clarington Official Plan Amendment (deletion of the future Type 'C'
Arterial Adelaide Avenue east of Trulls Road) and plan of subdivision appear to conform
to the Regional Official Plan.
The deletion of the future Type 'C' Arterial -Adelaide Avenue, east of Trulls Road is
consistent with protecting significant wetlands and therefore, the Provincial Policy
Statement.
An Environmental Impact Study has been submitted which examines the impact of the
proposed residential development in relation to the adjacent natural heritage feature
which is consistent with the protection of natural systems policies of the Growth Plan.
The subject lands abut Trulls Road, a Type `B' Arterial, and a noise impact study is
required. A Site Screening Questionnaire or a Phase 1 Environmental Site Assessment
is to be completed to evaluate potential site contamination on the subject property. An
archaeological assessment is also required.
Municipal water supply and sanitary sewers can be provided to the proposal from Trulls
Road. Since Trulls Road is a Type 'B' Arterial aright-of-way widening that provides for
a minimum of 15.0 metres from the existing centreline of Trulls Road and appropriate
sight triangles are required.. There is a concern that a full intersection midway between
Adelaide Avenue and George Reynolds Drive (the proposed access across from
Daiseyfield Avenue) could compromise the efficiency and safety of Trulls Road.
Transit service is currently provided along Trulls Road from Nash Road to George
Reynolds Drive and this transit route will serve the proposal and surrounding areas.
Arrangements are to be made for a transit stop on Trulls Road, complete with a shelter
and hard surface platform in the northbound lane near the intersection of Road 'A' and
the "future Adelaide Avenue".
Delegated provincial plan review responsibilities and their implications have been
reviewed. The Noise Impact Study, recently revised to reflect the 31 single detached
dwellings plan and submitted July 3, 2009, has been reviewed by the Region and is
considered acceptable. A Site Screening Questionnaire was prepared that indicated no
potential sources of environmental contamination associated with the site. The property
has a high archaeological potential due to the nearby Farewell Creek tributary but a
Stages 1 & 2 Archaeological Assessment for the site has been prepared by Northeast
Archaeological Associates. The Clarington Official Plan Amendment is exempt from
Regional approval.
REPORT NO.: PSD-100-09
PAGE 9
Ten Conditions of Draft Approval were provided -the standard conditions for matters
such as street naming, phasing plans and servicing easements and other conditions
such as implementation of the final revised noise study, extension of sanitary and water
services external to, as well as within, the limits of the subject plan.
9.0 STAFF COMMENTS
9.1 Many of the major issues of this proposal have already been identified and reviewed in
earlier sections of this report, the revised submission keeps the proposed subdivision
out of the Special Study Area and splits the Clarington Official Plan Amendment
Application, by removing of the Type 'C' Arterial (Adelaide Avenue Extension) east of
Trulls Road.
9.2 The Regional Transportation Master Plan considered the Adelaide Avenue Extension
and concluded that in this case, east of Trulls Road, environmental preservation was of
greater value than transportation system linkage. The Regional Official Plan Review
Amendment 114 adopted this position. The Adelaide Avenue deletion aspect of the
above-mentioned official plan amendment is consistent with the Regional Plan.
Environmental preservation is considered the greater good since a major component of
the Provincially Significant Harmony-Farewell Iroquois Beach Wetland Complex. is
located east of Trulls Road and also extends onto the east portion of the subject
property.
9.3 An Environmental Impact Study (E.I.S.) included a three season study resulting in the
staking of the limits of the wetland complex and the required buffer (see Attachment 2).
The subdivision proposal was revised to the final version of 31 single detached
dwellings. The recommendations of the Environmental Impact Study were presented to
the surrounding neighbourhood at an open .house held at the Courtice Community
Complex on September 15, 2009. The recommendations appeared to be accepted by
most of the residents in attendance. One resident provided a written comment that
questioned the reduction of the buffer from 30 metres to 27 metres. It is noted that the
environmental consultant hired to do the Study, senior Central Lake Ontario
Conservation staff and senior municipal staff all walked and staked the site and
concluded that the reduction of the buffer width to 27 metres at the south end of the
Proposal was acceptable.
9.4 Special Study Area 5 or any part of it will not be considered in dealing with this
application. Instead it will be deferred to the Clarington Official Plan Review or later.
9.5 The Municipality's Official Plan states that "development along arterial roads will be
designed to provide a high quality urban environment with views of housing, street trees
and landscape elements. Reverse lotting and acoustical fencing is generally not
permitted." Furthermore, as Council is aware, the Corporate Strategic Business Plan
for 2007-2010 has an action to "eliminate reverse frontages in new developments".
Given the constraints on this site, this is not possible in this situation unless medium
density development is proposed.
REPORT NO.: PSD-100-09
PAGE 10
A berm was originally proposed on the west side of the proposed subdivision for noise
attenuation. This option is not feasible since the required wetland boundary and
associated buffer, has necessitated the realignment of the subdivision to the west
leaving only two noise attenuation possibilities: the placement of a sufficiently sized
outdoor amenity area in the front yard or east of the dwellings on the affected lots (1 to
13, inclusive) to meet the M.O.E. noise guidelines; or, leaving the outdoor amenity area
in the rear yard and providing a 2.75 metre acoustical fence on the rear lot line of said
lots.
The developer has proposed planting a cedar hedge along the rear yards or the Trulls
Road frontage and creating outdoor amenity. areas in the front yard.
It should be noted that the first alternative will still have a standard size rear yard along
Trulls Road. To implement this solution, the approval requires that a 0.6 m landscape
strip will be part of any rear yard along Trulls Road for the cedar hedge. Only achain-
link fence would be permitted on the property boundary. Any privacy fence would need
to be located. inside of the landscape strip. A similar clause would be in the subdivision
agreement and registered on title.
9.6 The proposed draft plan of subdivision is consistent with the Glenview Neighbourhood
Design Plan. The proposed 31 dwellings fit within the 156 dwelling unit allocation for
the Future Review/Study Areas north of George- Reynolds Drive. Since much of this
area has since the 1999 Glenview Neighbourhood Land Use Plan approval been
designated Provincially Significant Wetland or otherwise recognized as Environmental
Protection Area, the 156 unit allocation will probably not be'fully realized. Likewise, the
proposed subdivision road pattern is acceptable, serving the proposal itself efficiently
and having no impact on other developable areas due to its isolation which is caused by
the wetland complex location and, to a lesser degree, existing development. The
recommended changes to the Official Plan redesignates the lands within the wetland
complex as Environmental Protection Area.
9.7 Taxes for the subject property have been paid in full.
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 the Official Plan Amendment, Draft Plan of Subdivision and Zoning By-law be
approved.
REPORT NO.: PSD-100-09
PAGE 11
Attachments:
Attachment 1 - Site Location Key Map
Attachment 2 - Proposed Plan of Subdivision
Attachment 3 - Property's Environmental Conditions and Constraints
Attachment 4 - Recommended Clarington Official Plan Amendment and Adopting By-law
Attachment 5 - Conditions of Draft Approval
Attachment 6 - Zoning By-law Amendment
Attachment 7 - Subdivision Agreement By-law
List of interested parties to be notified of Council's decision:
Glenn J. Genge
Darlene Smith
John McLeod
John Sklavos
Mark Foley
Hannu Halminen
Kevin & Isabella. McConkey
Brent Willis
Libby Racansky
Kerry Meydam
Walter F. Kranzl
Michael Porporo
Regional Planning Department
Pam Callus
Attachment 1
To Report PSD-100-09
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
being a By-law to adopt Amendment No. 68, to the Clarington
Official Plan -
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to
amend the Clarington Official Plan to delete the Type C Arterial, east of Trulls Road;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1.. That Amendment No. 68 to the Clarington Official Plan being the attached
Explanatory Text is hereby adopted.
2. That this By-law shall come into force and take effect on the date of the passing
hereof.
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
Attachment 4
To Report PSD-100-09
AMENDMENT NO. 68
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: To amend the. Official Plan of the Municipality of Clarington
to delete the planned Adelaide Avenue extension, east of
Trulls Road. The modification is to Map B2 -Transportation
- Courtice Urban Area being the deletion of the Type C
Arterial, east of Trulls Road. Consistent with the
Environmental Impact Study, the Environmental Protection
Area has been extended westward.
BASIS: The Amendment is based on an application submitted by
Courtice Homestead Land Corporation to delete, the
planned Adelaide Avenue extension, east of Trulls Road;
and on the recommendations of the Environmental Impact
Study.
This Amendment, for the Clarington Official Plan, achieves
conformity with the Durham Regional Official Plan as
amended by Amendment 114.
ACTUAL
AMENDMENT: The Clarington Official Plan is hereby amended by deleting
on Map A2- "Land Use -Courtice Urban Area", and Map B2
- "Transportation -Courtice Urban Area", the Type `C'
Arterial, between Trulls Road and Courtice Road, as shown
on Exhibits A and B; and by expanding westerly the
Environmental protection Area as shown on Exhibit `A'.
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as
amended, regarding the implementation of the Plan shall
apply to this amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan, as
amended, regarding the interpretation of the Plan shall apply
to this amendment.
Exhibit "A", Amendment No. 68 To the Municipality. of Clarington
Official Plan, Map A2, Land Use, Courtice Urban Area
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Official Plan, Map B2, Transportation, Courtice Urban Area
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MAP B2
TRANSPORTATION
COURTICE URBAN AREA
OFFICIAL PLAN
MUNICIPALITY OF CLARINGTON
,IANUaar z, zoD~ LAKE ONTA/~/O
REFER TO SECTION 19
11X5 CON50U0.4TpN R PROVOEO TOR CONYFHIENCE ONLY
AND REPRFSEd15 REOUESRD MOdFiGTgNS AND APPAOIAlS
Attachment 5
To Report PSD-100-09
CONDITIONS OF DRAFT APPROVAL
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft
plan of subdivision S-C-2007-0002 prepared by D.G. Biddle & Associates
Ltd., identified as Project No. 103072 and Drawing No. DP-1, as revised and
plotted September 2, 2009, which illustrates 31 single detached dwelling
units, an open space block, a future development block, a road widening
block, a permanent 0.6 metre reserve 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 Owner shall agree in the Municipality of Clarington Subdivision
Agreement to implement the recommendations of the "Noise Impact Study
for Courtice Homestead Land Corp.", revised June 2009, prepared by D.G.
Biddle & Associates Limited, which specifies noise attenuation measures for
the development. The measures shall be included in the municipal
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. The
Owner shall provide the Region with a copy of the subdivision agreement
containing such provisions prior to final approval of the plan.
5. The Owner is to demonstrate to the Clarington Building Division that prior to
the issuance of a building permit, for the dwellings requiring .noise
attenuation measures, the recommendations of the Noise Study noted in
Condition 4, will be implemented..
6. 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.
Attachment 5
To Report PSD-100-09
Ministry of Culture confirming that all archaeological resource concerns
have been met including licensing and resource conservation requirements.
7. The Owner shall submit plans showing the proposed phasing of the
development 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.
8. 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.
9. 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.
10. The Owner shall submit a detailed tree preservation plan consistent with the
recommendations of the Environmental Impact Study 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.
11. Any trees to be removed noted in Condition 10, if removed by burning, shall
require a permit in accordance with Open Air Burning By-law 2001-113.
12. 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.
13. Prior to registration of any portion of the subject draft plan the owner must
demonstrate how perpetual maintenance of any block(s) identified as "Part
Lots or Blocks" will be undertaken. All part lots will be pre-serviced with
water, sanitary and storm sewers. Further, the Owner agrees that until such
time as the necessary lands are acquired to complete Block 32, these lands
shall be graded and seeded.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
14. 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.
Attachment 5
To Report PSD-100-09
15. All land dedications including road widenings, sight triangles and reserves,
and all easements, 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.
16. The Owner shall convey Block 34, Open Space Block, to the Municipality of
Clarington.
17. The Owner shall dedicate Block 33 to the Municipality of Clarington as a
temporary easement, until an alternative easement has been secured in
order to provide access to Block 34.
18. The Owner shall convey a 5.18 metre road widening shown as Block 35
across the entire frontage of the draft plan to the Municipality of Clarington
for the purpose of widening Trulls Road.
19. The Owner shall convey the 0.6 metre reserve shown as Block 36 on the
draft plan, to the Municipality of Clarington.
20. The Owner shall cause all utilities, including hydro, telephone and cable
television, within the streets of this development to be installed
underground, for both primary and secondary services.
21. Although the lands north of Road `A' cannot be considered for development
at this time, the proposal indicates how these lands may develop in the
future. The Owner will be 100% responsible for the cost of "stubbing" water,
sanitary sewer and storm sewer services in a manner that accommodates
future development to the north of Road 'A', if and when it occurs, to the
satisfaction of the Director of Engineering Services.
22. The engineering drawings for this development must be signed, sealed and
dated by a Professional Engineer.
23. Dwelling foundations are to drain such that basements must be 0.5 metres
above the 100 year HGL.
24. The Owner is required to establish, and be responsible for 100% of the cost
of, a geodetic benchmark in the vicinity of the intersection of Trulls Road
and Daiseyfield Avenue, which will serve as vertical control for the proposed
development.
25. This development cannot proceed until such time that the Municipality has
approved the expenditure of funds for the provision of the reconstruction of
Trulls Road and any related external works or services such as street
illumination, sidewalks etc. which form a connection to the rest of the
Attachment 5
To Report PSD-100-09
Courtice Urban Area and which have been included in the Municipality's
Development Charge By-law and have been deemed necessary by the
Director of Engineering Services to service this development. Alternatively,
the development will be permitted to proceed provided that Trulls Road is
overlaid with asphalt from the north limit of the existing urbanized road
section to the intersection of Trulls Road and Daiseyfield Drive at 100% the
expense of the Owner, at the direction of, and to the satisfaction of, the
Director of Engineering Services.
26. 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.
27. The Owner must meet all the requirements of the Engineering Services
Department, financial or otherwise.
28. 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.
29. 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 for all or a portion of the required dedication.
30. The Owner agrees to construct a 1.2 metre high chain link fence on the
west, or rear lot lines of Lots 1 to 13, together with a 1.8 metre high cedar
hedge, as well as on the east or rear lot lines of Lots 14 to 3, to the
satisfaction of the Director of Planning Services and Director of Engineering
Services.
31. 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.
32. 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 Pertormance
Guarantee, Maintenance Guarantee, Occupancy Deposit and other
guarantees or deposit as may be required by the Municipality.
Attachment 5
To Report PSD-100-09
33. The Owner shall pay to the Municipality, the development charge in
accordance to the Development Charge By-law as amended from time to
time, as well as payment of a portion of front end charges pursuant to the
Development Charge Act if any are required to be paid by the Owner.
34. The Builder shall 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..
35. 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.
36. 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.
37. No residential units shall be offered for sale to the public on said plan until
such time architectural control guidelines and the exterior architectural
design of each building has been approved by the Director of Planning
Services.
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 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 addition, the Owner will
prepare a planting plan to the satisfaction of the Director of Planning
Services, and shall plant a minimum of one tree in the rear yard of each
home.
40. The Owner must place in all agreements of purchase and sale for the lots, a
warning: "Existing and potential future agricultural operations are being
conducted in the surrounding lands, in compliance with the Clarington
Official Plan and Zoning By-law, other municipal and regional by-laws and
provincia I legislation".
Attachment 5
To Report PSD-100-09
41. 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 a 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.
42. 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.
43. Prior to any on-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:
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.
44. The Owner agrees to carry out the requirements and recommendations of
the Courtice Homestead Land Corporation Trulls Road North Environmental
Impact Study (June 2009) as prepared by Niblett Environmental Associates
Inc. In particular, the Owner shall prepare a landscape plan for the wetland
buffer area for review and approval of the Central Lake Ontario
Conservation Authority. The Owner shall agree to implement the approved
landscape plan prior to final registration of the plan of subdivision.
45. The Owner shall dedicate Block 34 to an appropriate public agency.
46. The Owner shall satisfy all financial requirements of the Central Lake
Ontario Conservation Authority. This shall include Application Processing
fees and Technical Review fees owing as per the approved Authority Fee
Schedule.
Attachment 5
To Report PSD-100-09
47. 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 Condition
43, 44, 45, 46, and 47 to the satisfaction of the Central. Lake
Ontario Conservation Authority.
b) The Owner agrees to maintain all stormwater and erosion and
sediment control structures operating and in good repair during the
construction period, in a manner satisfactory 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
initiation of any on-site works.
A copy of the fully executed subdivision agreement between the area
Municipality and the Owner, will expedite the clearance of Condition 47.
48. 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.
49. 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.
50. 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.
51. The Owner shall grant such easements as may be required for utilities,
drainage and servicing purposes to the Region.
Attachment 5
To Report PSD-100-09
52. 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.
53. The Owner is to co-ordinate the preparation of an overall utility distribution
plan to the satisfaction of all affected utility providers and the Director of
Engineering Services.
54. The Owner shall grade all streets to final elevation prior to the installation of
the services and provide the necessary field survey information required for
the installation of the gas lines, all to the satisfaction of local utility provider
and to the Director of Engineering Services.
55. The Owner is hereby advised that prior to commencing any work within the
Plan, the Owner 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 connection to and/or extension of the existing
communication/telecommunication infrastructure. If the Owner elects not to
pay for such connection to 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 the
communication/telecommunication services for emergency management
services (i.e., 911 Emergency Services).
56. The Owner shall agree to provide easements that may be required for
telecommunications services to the satisfaction of the service provider and
the Director of Engineering Services. Easements may be required subject
to final servicing decisions.
57. 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 Director of
Attachment 5
To Report PSD-100-09
Engineering Services and the Central Lake Ontario Conservation
Authority.
c) The Owner agrees that no filling, grading or alteration to the water
course shall occur on the property without the prior written approval
of the Central Lake Ontario Conservation Authority.
d) 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.
e) The Owner agrees to place the following in all agreements of
purchase and sale between the Developer and all prospective home
buyers:
i) "Due to the proximity of this plan to Trulls Road purchasers
should be aware that traffic noise may interfere with some
activities of the dwelling occupants."
ii) "Despite the noise control features implemented within the
development and/or within the individual dwelling units,
noise levels from the adjacent Trulls Road may occasionally
intertere with some activities of the dwelling occupants."
iii) Purchasers and tenants notified that there are existing
farming operations nearby and that they will not object,
complain or seek legal action against such nuisances as
noise and odour resulting from normal farming practices.
f) The Owner agrees to implement those noise control measures
recommended in the Noise Report required in Condition 4.
g) The Owner agrees to register on the title of all lots a notice to
indicate that both the present Owner(s) and future Owner(s) are
fully aware of the existence of farming operations nearby and will
not object, complain or seek legal action against such nuisances as
noise and odour resulting from normal farming practices.
58. 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) Regional Municipality of Durham, how Conditions 4, 6, 7, 49, 50, 51,
and 52 have been satisfied;
b) Central Lake Ontario Conservation, how Conditions 43, 44, 45, 46 and
47 have been satisfied; and
Attachment 5
To Report PSD-100-09
c) Enbridge Gas Distribution, how Conditions 53 and 54 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 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) Durham Regional Planning Department, 605 Rossland Road East,
P.O. Box 623, Whitby, ON L1N 6A3 (905-668-7721); and
b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue,
Oshawa, ON LIH 3T3 (905-579-0411).
c) Enbridge Gas Distribution, Area 45 Records Coordinator, P.O. Box
650, Scarborough, ON M1 K 5E3
Attachment 6
To Report PSD-100-09
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 20Dg-
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 Municipality of
Clarington for ZBA-2007-003;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 12.4 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE ONE (R1)
ZONE" is hereby amended by adding thereto, the following new Special
Exceptions 12.4.77 and 12.4.78 as follows:
"12.4.77 URBAN RESIDENTIAL EXCEPTION (R1-77) ZONE
Notwithstanding Sections 3.1 j. iv) and 12.1, those lands zoned R1-77 on the
Schedules to this By-law shall only be used for a single detached dwelling, subject
to the following regulations:
a) Lot Area (minimum)
b) Lot Frontage (minimum)
i) Exterior Lot
c) Yard Requirements (minimum)
i) .Front Yard
450 square metres
18.0 metres
6.5 metres to dwelling
4.5 metres to unenclosed porch
ii) Exterior Side Yard
iii) Rear Yard
d) Lot Coverage (max.)
4.5 metres to dwelling;
2.5 metres to unenclosed porch
7.5 metres
45% for dwelling
50% for all structures
"12.4.78 URBAN RESIDENTIAL EXCEPTION (R1-78) ZONE
Notwithstanding Sections 3.1 j. iv) and 12.1, those lands zoned R1-78 on the
Schedules to this By-law shall only be used for a single detached dwelling, subject
to the following regulations:
a) Lot Area (minimum) 420 square metres
b) Lot Frontage (minimum)
i) Interior Lot 13.5 metres
ii) Exterior Lot 16.8 metres
c) Yard Requirements (minimum)
i) Front Yard
ii) Exterior Side Yard
iii) Interior Side Yard
iv) Rear Yard
d) Lot Coverage (max.)
7.5 metres to dwelling;
4.5 metres to unenclosed porch
4.5 metres to dwelling;
2.5 metres to unenclosed porch
1.2 metres on one side and 0.6
metres on the other with
attached private garage or
carport
7.5 metres
45% for dwelling, 50% far all structures
2. 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 "Urban Residential Exception (R1-77) Zone";
"Agricultural (A) Zone" to "Urban Residential Exception (R1-78) Zane"; and
"Agricultural (A) Zone" to "Urban Residential Exception (R2-55) Zane"
as illustrated on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this day of 2009
BY-LAW read a second time this day of
BY-lAW read a third time and finally passed this day of
2009
2009
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
_ _
This is Schedule "A" to By-law 2009- _~
,
passed this day of , 2009 A.D.
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®Zoning Change From "A" To "R1-77"
Zoning Change From "A" To "Ri-78"
),o„) Zoning Change From "A" To "EP"
Jim Abemeth Ma or ~ Zoning To Remain "EP"
Y. Y Patti L. Barrie, Municipal Clerk
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ZBA 1007-0003
Attachment 7
To Report PSD-100-09
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
being a By-law to authorize entering into an Agreement with the Owner(s) of
Draft Plan of Subdivision S-C-2007-0002, any Mortgagee who has an interest in
the said Lands, and the Municipality of Clarington, in respect of S-C-2007-0002
WHEREAS the Owner(s) of Draft Plan of Subdivision S-C-2007-0002 has received Draft
Approval and intends to proceed to Final Approval and enter into a Subdivision
Agreement with the Municipality; and
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipalitybf Clarington enacts as follows:
THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington, and seal with the Corporation's
seal, an Agreement between the Owner of Draft Plan of Subdivision S-C-20D7-
OD02.
2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the
Municipality of Clarington, the said conveyances of Lands required pursuant to
theaforesaid Agreement.
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