Loading...
HomeMy WebLinkAboutPSD-039-10C~aringt°n REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 29, 2010 Resolution #: G>~-o`1Q7 /0 By-law #: adf0-(~ ~ ~?O/o - Dad Report #: PSD-039-10 File #: COPA2003-014, ZBA2003-052 ~o/o-aay S-C-2003-001 and PLN17.9.28 Subject: ENVIRONMENTAL IMPACT STUDY, PROPOSED OFFICIAL PLAN AMENDMENT, PROPOSED REZONING AND PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 55 RESIDENTIAL UNITS APPLICANT: COURTICE WOODS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT report PSD-039-10 be received; 2. THAT as the revisions to the layout of the proposed draft plan since the 2006 Public Meeting were made in response to comments from circulated agencies, municipal staff, and the completion of the Environmental Impact Study which included an open house meeting, a further public meeting for the subject applications is unnecessary; 3. THAT Amendment No. 71 to the Clarington Official Plan as submitted by Courtice Woods Inc. to delete the Public Elementary School and Medium Density Residential symbols; amend the population allocation for the Worden Neighbourhood on Map H1; and decrease the housing target for the Worden Neighbourhood in Table 9-2 as contained in Attachment 4 of PSD-039-10 be adopted and the By-law contained in Attachment 5 of PSD-039-10 be passed; 4. THAT the application for the proposed Draft Plan of Subdivision, submitted by Courtice Woods Inc. to permit the development of 55 residential units be approved, subject to the conditions contained in Attachment 6 of PSD-039-10; 5. THAT the Zoning By-law Amendment application submitted by Courtice Woods Inc. be approved as contained in Attachment 7 of PSD-039-10; 6. THAT the By-law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2003-001 and the Municipality of Clarington be approved as contained in Attachment 8 of PSD-039-10; REPORT NO.: PSD-039-10 PAGE 2 THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-039-10 and Council's decision; 8. THAT all interested parties listed in Report PSD-039-10 and any delegations be advised of Council's decision; and 9. THAT John Farrell be thanked for his effort and time as an area representative on the Environmental Impact Study Steering Committee. Submitted by: ~i 1~.~-~ Reviewed by: ~' "'"""~' ~' a Lag d, FCSLA, MCIP Franklin Wu, Ac ing Direc or of Planning Services Chief Administrative Officer ATS/CP/df 17 March 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-039-10 PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicant: Courtice Woods Inc. 1.2 Official Plan Amendment: The applicant has submitted an application requesting the following amendments to the Clarington Official Plan: • Amend Map A2 (Land Use - Courtice Urban Area) by deleting the Public Elementary School and Medium Density Residential symbols from the subject property. • Amend Map H1 (Neighbourhood Planning Units - Courtice Urban Area) by changing the population allocation of the Worden Neighbourhood from 4000 to 3900. • Amend Table 9-2 by decreasing the housing target for the Worden Neighbourhood to reflect the following: i) 125 medium density units to 85 units; ii) Total from 1400 units to 1360 units; and iii) Amending all corresponding totals. 1.3 Proposed Draft Approved Plan of Subdivision: The proposed Draft Plan of Subdivision submitted includes 55 single detached dwellings: 35 lots with 12.0 metre frontages and 20 lots with 10.0 metre frontages, two (2) Open Space blocks totalling 7.56 ha, and lands for roads and related services, including a portion of the future Adelaide Avenue extension. 1.4 Rezoning: To change the current zoning to permit the development of the proposed Draft Plan of Subdivision. 1.5 Site Area: 11.45 hectares (28.3 acres) 1.6 The subject lands are located east of Old Varcoe Road, north of Centrefield Drive, being Part Lot 34, Concession 3 in the former Township of Darlington (Attachment 1). 2.0 LAND CHARACTERISTICS AND SURROUNDING USES 2.1 The subject site is currently vacant. The east half of the subject property is covered with a mixed forest woodlot and wetland, and west half is covered with grasses and shrubs. Site inspections have noted that the woodlot exhibited evidence of extreme wetness; standing water and spongy ground conditions. The woodlot has been identified as part of a provincially significant wetland (PSW) complex. REPORT NO.: PSD-039-10 2.2 Surrounding Uses: PAGE 4 North - Future Adelaide Avenue extension; limited residential uses and vacant agricultural lands designated Green Space and Protected Countryside (Greenbelt Plan) South - Low density residential development East - Existing residential lots along Tooley Road West - Harmony Creek and associated valley lands; existing residential lots along Old Varcoe Road and Lawson Road 3.0 BACKGROUND 3.1 On November 21, 2003 Staff received applications to amend the Clarington Official Plan and Zoning By-law along with an application requesting approval of a Draft Plan of Subdivision fora 127-unit subdivision, including a block for a public elementary school. A Public Meeting was held on January 29, 2004 (PSD-011-04). Given the comments received, the requirement for an Environmental Impact Study, and the proposed Adelaide Avenue extension, the application was subsequently referred to staff for further processing. 3.2 In June 2004, the Region of Durham initiated an Environmental Assessment for the extension of Adelaide Avenue from Townline Road to Trulls Road. The Environmental Assessment Study was completed in November 2005 and assessed the need for the extension; explored various alternatives; examined impacts on the environment; and recommended a preferred route. It proposed that Adelaide Avenue be constructed as a three (3) lane urban/semi-urban road extension from Townline Road to Trulls Road with a culvert bridge crossing over Harmony and Farewell Creeks. The northerly limit of the subject draft plan, as revised, abuts the proposed right-of-way and is consistent with the proposed Adelaide Avenue alignment. 3.3 In April 2006, the Kawartha Pine Ridge District School Board provided confirmation that a Public Elementary School site would not be required on the subject lands as designated in the Clarington Official Plan. The subject draft plan, as revised, no longer includes a block for a public elementary school. 3.4 The original submission from 2003 lacked consideration of significant environmental features on the subject lands. This was reinforced by the designation of the Harmony- Farewell Iroquois Beach Provincially Significant Wetland (PSW) in September 2005. An Environmental Impact Study (EIS) was launched in the late part of 2005 and a final version was submitted to the Municipality of Clarington in June 2009. The subject draft plan, as revised, has been modified to ensure protection of the key natural environment features on the site including the following: a PSW, significant woodland, regionally rare species, coolwater creek, amphibian breeding pools and linkages and corridors. These features, along with protective buffer areas, have been incorporated into a development constraint map (Attachment 2). REPORT NO.: PSD-039-10 PAGE 5 3.5 The resultant proposed draft plan of subdivision (Attachment 3) has been revised several times since the initial submission in 2003 as recommendations from the EIS have been incorporated and comments from staff and agencies have been taken into consideration. A second Public Meeting was held April 10, 2006. The draft plan now illustrates a total of 55 single detached dwellings, which includes: 35 lots with 12.0 metre frontages and 20 lots with 10.0 metre frontages; two Open Space blocks representing the significant natural features on the site, inclusive of buffer areas; and lands for roads and related services, including a portion of the future Adelaide Avenue extension. 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement The subject applications were submitted prior to the release of the new Provincial Policy Statement (PPS) on March 1, 2005, therefore the policies of the 1997 PPS are applicable and decisions must have regard to these policies. The subject draft plan protects the PSW and other natural features on the site. The supporting EIS establishes a buffer area to ensure the protection of the features and ecological functions. Furthermore the 1997 PPS encourages a supply of lots within registered plans of subdivision on full municipal services. The subject applications have regard for policies of the applicable PPS. 4.2 Growth Plan The subject applications were submitted prior to the release of the Growth Plan on June 16, 2006, and in accordance with Ontario Regulation 311/06, as amended, are not subject to the policies of the Growth Plan. 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Regional Official Plan The lands are designated as Living Area within the Durham Regional Official Plan. 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 northerly limit of the subject draft plan, as revised, abuts the proposed Adelaide Avenue right-of-way, which is designated as a Type "C" Arterial. Mitigative measures, such as noise attenuation, may be required in accordance with the Plan. The proposed uses conform to the Plan. 5.2 Clarington Official Plan In the Clarington Official Plan, the subject lands are designated Urban Residential and Environmental Protection Area. A Medium Density symbol and a Public Elementary School symbol are also identified on the subject lands. The lands are within the Worden Neighbourhood, which has a population target of 4,000 people and a housing target of 1,400 units. The extension of Adelaide Avenue is a Type "B" Arterial forming part of the Courtice Urban Boundary, and the future extension of Varcoe Road is a Collector Road. REPORT NO.: PSD-039-10 PAGE 6 Low Density residential uses shall be developed between 10-30 units per net residential hectare. The predominant housing form shall be single detached, semi-detached/link and duplex to a maximum height of 2.5 storeys. Natural heritage features have been identified on Map C1-Natural Heritage System including a wetland, significant valleylands and significant woodlands. The subject lands are adjacent to the Lake Iroquois Beach. An Environmental Impact Study (EIS) shall be undertaken for development applications located on lands within or adjacent to the Lake Iroquois Beach, or any natural heritage feature identified on Map C1. An EIS is also required where development proposals are located within 120 metres of the boundary of a wetland or a wetland complex. The expense of the study shall be borne by the proponent. The applicant is requesting an Official Plan Amendment to adjust the housing and population allocation for the Worden Neighbourhood and to delete the Medium Density and Public Elementary School symbols from the subject lands. 6.0 ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned Environmental Protection (EP)" and "Holding-Urban Residential Type One ((H)R1)". A Zoning By-law Amendment is required for the development to proceed. 7.0 ENVIRONMENTAL IMPACT STUDY 7.1 In October 2005, Niblett Environmental Associates Inc. was retained by the Municipality, at the expense of the applicant, to conduct an Environmental Impact Study (EIS) for the proposals submitted by Courtice Woods Inc. The consultant examined the site in the Fall of 2005 and the Spring and Summer of 2006. Additional visits were completed in 2008 and 2009 to determine the exact location of the buffer line, drip line and wetland boundary. The draft EIS findings were presented to the public at an open house on June 18, 2009 at the. South Courtice Arena. 7.2 A Steering Committee for the EIS was formed including a citizen representative from the area; staff from the Central Lake Ontario Conservation Authority, the Region of Durham, Clarington Engineering Services and Planning Services Departments, the applicant and the EIS consultant. 7.3 The purpose of the EIS was to fulfill the requirements of the Clarington Official Plan and other applicable legislation and policies. This included identifying significant natural heritage features, how those features function, and potential impacts the proposed development may have on those features. The EIS was also to demonstrate that the development will not result in the loss of wetland function or wetland area of the Harmony-Farewell Iroquois Beach Provincially Significant Wetland (PSW), and will not REPORT NO.: PSD-039-10 PAGE 7 conflict with wetland management practices. Due to the location within the Lake Iroquois Beach, the EIS must also provide recommendations for enhancing ground water functions. 7.4 The EIS was able to be scoped by conducting a literature review and utilizing data from the Adelaide Avenue Extension Class Environmental Assessment Study, Environmental Study Report (Nov. 2005), Adelaide Avenue EA Natural Environment Report (Appendix D) (Ecoplans Limited, Nov. 2005), the Harmony/Farewell Iroquois Beach wetland evaluation and data record and mapping (Ministry of Natural Resources, Varga et al, 2005), the EIS of the Courtice Major Urban Area (Ecological Services for Planning, Aug. 1994); and the Environmental Sensitivity Mapping for the CLOCA area (Gartner Lee, 1978). 7.5 Due to the extensive data that already existed for this area, Niblett Environmental Associates Inc. was able to focus their research on data gaps that existed during early spring conditions and within the field communities for which little information was made available. Site visits were conducted to confirm the data obtained from the literature review and to collect information on species that were present over the entire property. The boundaries of the wetlands, woodlots and vegetative communities were mapped, and the condition of Harmony Creek and species of fish present were determined. 7.6 Geo-Logic conducted a hydrogeology study of the development to assess the impacts on the wetland and groundwater contributions to both the wetland and Harmony Creek. 7.7 The boundary of the PSW was confirmed by a wetland biologist using the methodology of the Ministry of Natural Resources (MNR) Ontario Wetland Evaluation System. This system is also used by the MNR to determine the boundary and status of wetlands in Ontario. Wetlands are evaluated based on four components (biological, social, hydrological and special features). Wetlands that score over 600 points or attain a score greater than 200 points in biological or special features components, and contain pockets that are greater than 0.5 ha in area are designated as provincially significant wetlands. The boundary of a wetland is defined by the 50% rule where greater than 50% of the plants must be wetland species. This was a key factor in delineating the wetland boundary which is the basis for the buffer. 7.8 There are areas in the open field that have succeeded into wet meadows due to grading and stripping of the topsoil previously. This has resulted in poor drainage and ponding of water in the spring. Although these areas are wet, they were too small to include in the wetland evaluation as part of the complex. The rectangular boundary of the wetland is consistent with the official MNR boundary for the PSW. 7.9 The EIS concluded that there will be no negative impacts on the identified features provided the recommendations of the study are implemented. Several general recommendations provided in the EIS are standard relating to construction activities in sensitive areas and sediment and erosion control. Key recommendations include: • Establishing the development envelope having a minimum setback of 23-25 metres from the wetland boundary (20-30 metres from the woodland edge drip line) on the REPORT NO.: PSD-039-10 PAGE 8 east side as per the November 2009 draft plan, and having a minimum setback of 30 metres from Harmony Creek; • Requiring a 1.2 metre chain link fence along the rear lot lines abutting the natural feature/buffer areas; • Developing a planting plan for the buffer area adjacent to the woodland and wetland on the east side; • Prohibiting construction vehicle access along Old Varcoe Road; • Implementing the recommendations of the Geo-Logic hydrogeology report (March 2009); and, • Preparing and distributing a Homeowners' Guide to all purchasers of homes in the development area which will educate landowners about the natural features in the area and how to minimize impacts as a landowner in the area. 7.10 All recommendations of the EIS have been incorporated in the conditions of draft approval (Attachment 6). 8.0 PUBLIC SUBMISSIONS AND EIS OPEN HOUSE 8.1 The subject application was considered at two (2) public meetings held on January 29, 2004 and April 10, 2006. An EIS Open House was held on June 18, 2009. Comments from general inquiries and written submissions received to date are summarized in Sections 8.2 and 8.3 below. 8.2 Comments received during the Public Meeting process are outlined as follows: REPORT NO.: PSD-039-10 PAGE 9 8.3 Comments received at the EIS Open House are outlined as follows: Impact of development on Taxes are based on assessment of properties taxes which is impacted by many factors. Individuals may contact Municipal Property Assessment Cor oration direct) . Impact of development on fish Municipal Engineering staff and Conservation population given downstream Authority staff have confirmed there are no stormwater management operational issues with the downstream pond pond and outtall to Harmony which is designed to allow water to be released Creek back into Harmony Creek and to replicate the natural system. The EIS also demonstrates no ne ative im act to fish habitat. Wildlife corridor from the EIS determined wildlife movement is limited. creek to the PSW area provides interior habitat. East/west wetland/woodlands linkage occurs along fencerow to the north of subdivision. Concerns regarding high A key component of the EIS process was the water table, well interference, preparation of a Hydrogeologic report to and impact on wetland determine impacts on local groundwater conditions. The report confirms lands are suitable for development, subject to conditions relating to placement of silt fencing, drainage barriers (trench plugs), allowing roof leaders to drain to grassed areas, and a monitoring program to analyze stormwater, groundwater and surface water conditions in the future. Status of existing drainage Existing drainage is maintained through the atterns review of the En ineerin submission. Fencing of wetland area Rear of lots abutting the valleylands and the PSW/Woodlot to be fenced non- ated . Wetland pockets on EIS found small wet areas on the lands to be developable area developed, however not classified as part of the wetland. Understanding the criteria for Section 3.3.4 of the EIS describes in detail the wetland evaluation criteria for determinin the wetland bounds Consideration of the Adelaide A key resource in the literature review was the Avenue EA during the EIS Adelaide Avenue Extension Class EA rocess Environmental Stud Re ort Nov. 2005 . Future connection to Landowners may proceed to connect to municipal services municipal services should they become available. The cost of connecting would be at the landowner's expense and subject to the re uirements of the Re ion of Durham. Mr. Cor Eysermans, a This issue was raised during the EIS Open resident of 158 Old Varcoe, House and a subsequent meeting was held in has concerns re ardin the October 2009. The E sermans, Councillors, REPORT NO.: PSD-039-10 PAGE 10 status of his driveway when Old Varcoe Road is closed upon the extension of Adelaide Avenue 9.0 AGENCY COMMENTS and representatives from Regional Works, Clarington Engineering and Planning Staff were in attendance. It was agreed during the meeting that when the construction of Adelaide Avenue proceeds, the Region of Durham will be responsible for reconstructing the driveway such that a suitable access to Adelaide Avenue is provided. 9.1 Hydro One Networks Inc., the Peterborough Victoria Northumberland and Clarington Catholic District School Board, Bell Canada, and Rogers Cable Communications Inc., offered no concerns or objections on the proposal. 9.2 Enbridge Gas Distribution Inc. offered no concerns or objections to the proposal and asked that standard conditions be included in the conditions of draft approval. 9.3 Clarington Emergency & Fire Services requested a temporary turn around for Varcoe Road. A temporary turning circle has been provided on lands owned by the applicant and within the Adelaide Avenue extension. Once Adelaide Avenue is constructed the turning circle would be eliminated. 9.4 Kawartha Pine Ridge District School Board has confirmed that a new school site is no longer required on the subject lands and otherwise has no objections to the proposed plan of subdivision. 9.5 The Region of Durham Planning Department offered no objections subject to the following comments. The subject property is located within the "Living Area" designation in the Durham Regional Official Plan. The predominant use of land within the Living Area designation is for residential purposes. Policy 8B.1.4 of the Regional Plan also encourages higher densities where appropriate and promotes area official plans to maximize permissible densities for vacant lands within their urban area boundaries. The "Open Space" block on this plan corresponds with the "Key Natural Heritage and Hydrologic Feature" indication in the Regional Official Plan. These areas are to be managed as a connected and integrated natural heritage system and shall be protected for their natural and scenic features, their roles as predominant landscape elements in the Region and the recreational opportunities they facilitate. Development or site alteration is not permitted in these features. The subject lands have been assessed as having a high archaeological potential due to the proximity of a tributary of the Harmony Creek. An archaeological assessment will be necessary. REPORT NO.: PSD-039-10 PAGE 11 The subject lands are adjacent to proposed future Adelaide Avenue, which has a potential for noise impacts from vehicular traffic. An acoustic report will be required to address all noise sources. An Environmental Impact Study has been submitted in support of the development. Any possible issues concerning stormwater management and the ecological function of the area are to be addressed to the satisfaction of the Central Lake Ontario Conservation Authority. The Region acknowledges the subject site contains significant woodlands and the Environmental Impact Study must demonstrate minimal impacts to the ecological function of the wooded area in order for the development to proceed. The subject. lands are within the Zone 2 Water Pressure District of the Courtice area. Municipal water supply is available from the existing 300 mm watermain on Centerfield Drive at Varcoe Road. A 300 mm watermain will be required on the extension of Varcoe Road to future Adelaide Avenue. A 300 mm watermain will be required on the Adelaide Avenue extension from Centerfield Drive to Tooley's Road in order to provide the necessary secondary watermain feed. Without the secondary feed, the Region's Design Guidelines indicate that a maximum of 20 residential units can be serviced from a dead end water supply. The watermain on proposed Street "A" is to be sized to provide for maximum day flows plus fire protection and is to be connected to the 300 mm watermain on Adelaide Avenue. Municipal sanitary sewers are available to the subject site from the existing 250 mm sanitary sewer on Varcoe Road at Centerfield Drive. Said sanitary sewer will require an extension northerly from Centerfield Road to service this development and the lands north of Adelaide Avenue. In the Region's Water & Wastewater Master Plan, the alignment of the Courtice Trunk sanitary sewer may be located within the proposed Adelaide Avenue extension. Based on the outcome of the Class Environmental Assessment for the trunk sewer, an unobstructed corridor may be required within the proposed Adelaide Avenue extension for the trunk sanitary sewer. This application is considered to have no significant Regional or Provincial concerns. In accordance with the Regional By-law 11-2000, this application is exempt from Regional approval. Provincial and Regional issues will be thoroughly addressed as part of the amendment to the subdivision application process. The Region has provided a set of standard conditions that have been included in the proposed conditions of draft approval. 9.6 The Central Lake Ontario Conservation Authority provided their concurrence with the final recommendations and requirements of the EIS. CLOCA has provided standard and typical conditions of draft approval, including: the preparation of a final stormwater management report; satisfying the recommendations of the EIS; approval of a landscape plan for the wetland buffer area; dedication of Open Space blocks to the REPORT NO.: PSD-039-10 PAGE 12 Municipality of Clarington; installation of non-gated fencing along the rear of lots abutting Open Space blocks; preparation of a Homeowners' Guide relating to the natural heritage features on the site; and, the provision of a suitable warning clause regarding the rain water wells for infiltration on certain Tots. All of the recommendations provided by CLOCA have been included in the conditions of draft approval (Attachment 6). 9.7 Clarington Engineering Services Department has provided comments and acknowledged that the Region should provide comments and conditions relating to the dedication and construction of the future Adelaide Avenue road allowance. The request to provide additional road widening along Varcoe Road, a local collector street, has been satisfied. Grading and drainage details will be refined during the review of the detailed engineering submission. The conditions of draft approval incorporate all standard engineering requirements. 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. The proposed development has regard to the 1997 PPS. 10.2 Due to the proximity of the proposed development to the Harmony-Farewell Iroquois Beach PSW, the tableland vvoodlot, Lake Iroquois Beach, and Harmony Creek and its associated valleylands, an Environmental Impact Study was prepared. In response to the findings of the Environmental Impact Study, revisions were made to the original submission which served to protect the significant features in the area and to provide a protective buffer. The features and buffers are contained within Open Space blocks to be conveyed to the municipality. This has the effect of enhancing Clarington's natural heritage system and its ecological integrity which is a key goal of the Official Plan. The recommendations of the EIS and Hydrogeologic Study will be implemented through the conditions of draft approval and the subdivision agreement. 10.3 The proposed Official Plan Amendment can be supported at this time. The public school board has confirmed that a school is no longer required at this location. Deletion of the medium density block can also be supported. The recommendations of the EIS have reduced the developable area on the subject lands and as a result the proposed lotting pattern for single detached lots is logical. A medium density block would be difficult to develop given the environmental constraints, the fixed road pattern in the area, and proximity to the existing low density units. Through the Growth Plan conformity exercise and the Official Plan update, a comprehensive review of lands designated for residential development will take place in order to achieve population targets established by the Province. 10.4 Adjustments to the housing and population targets can be supported given the deletion of the medium density symbol, and reduction of developable land as a result of preservation of the environmental features and associated buffers. It is noted that the housing targets proposed by Official Plan Amendment No. 71 (Attachment 4) have been REPORT NO.: PSD-039-10 PAGE 13 adjusted slightly to be consistent with the other values in Table 9-2 which are provided in increments of 25. Based on a detailed review of population and housing targets, the values for low density units are unaffected by this development proposal. 10.5 It is recommended that the residential portion of the subject lands be placed in the "Holding -Urban Residential Exception ((H)R2-71) Zone" and the "Holding -Urban Residential Exception ((H)R2-72) 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 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. It is recommended that the PSW and woodland area to the east and the valleylands along Harmony Creek, inclusive of the protective buffers, be placed in the Environmental Protection Zone. 10.6 The Durham Regional Official Plan, designates Adelaide Avenue as an important part of the arterial road network extending to Courtice Road. The Clarington Official Plan, as approved in 1996, incorporated the Adelaide Avenue extension. The Municipality of Clarington Engineering Services Department does not require the portion of Adelaide Avenue abutting the subdivision to be constructed at this time. Furthermore, the Region of Durham has not provided any comments or requirements specific to the dedication or construction of that portion of Adelaide Avenue crossing the applicant's lands. However, the standard condition to require the Owner to dedicate the road allowances, including Adelaide Avenue, included in the draft plan as public highways on the final plan, have been included. 10.7 Prior to scheduling a recommendation report to Committee and Council on a draft plan of subdivision application, a list of the proposed conditions of draft approval were submitted to the applicant for their review and concurrence. The purpose of this exercise is to determine if there are any conditions of draft approval that the applicant does not agree with and that they be identified for further discussion purposes. The applicant has provided concurrence with the attached Conditions of Draft Approval. 10.8 All taxes owing to the Municipality of Clarington have been paid in full. 11.0 CONCLUSIONS 11.1 In consideration of the findings of the Environmental Impact Study, comments received from circulated agencies and area residents, and based on review of the proposal, staff recommends that the Official Plan Amendment, Draft Plan of Subdivision and Zoning By-law Amendment be approved. Staff Contact: Anne Taylor Scott REPORT NO.: PSD-039-10 PAGE 1d Attachments: Attachment 1 -Location Map Attachment 2 -Development Plan and Constraints Attachment 3 -Proposed Draft Plan of Subdivision Attachment 4 - Clarington Official Plan Amendment Attachment 5 -Adopting By-law Attachment 6 -Conditions of Draft Approval Attachment 7 -Zoning By-law Amendment Attachment 8 - By-law Authorizing Subdivision Agreement Interested parties to be notified of Council and Committee's decision: Phil Litowitz Ian Roher Shawn Goldenberg Nick Mensink Bernd Hirseland Wendy Gallagher Dan Piper Natalie Nowosad and Phil Henstock Michel Roy Mario and Debbie Papov Brian Mcauley Neil and Arlene Verbeek Libby Racansky Jennifer Anderson John and Nellie Nekkers John Farrell Alice and Sharron Blacklock John O'Toole, MPP Dr. Rose-Anne Viera Mike and Sandra March Blake, Trina and Arlene Inkster Cor Eysemtans Michael and Nancy Strahl Katie Wrigley Ivan and Gloria Rayner Richard K. Williamson and Anita Anastico Larry and Candice Gannon Wendy Beal Bill and Marg Todd Mr. Duvel Sharri Cosburn Kathleen Brereta Pauline Bryan Peter Mallia Antonio Scanga Linda Gasser To Report PSD 039 10 2P jlln W ~pS 3 t3s w c 1J naTVn ' Jj SaMb d ~ 6 . MI +QLSi = ~ C C 6 G ~ N woa .a~oo~o ~~ W t' ~ ~-5 t ~ ~ ~ w BALE d ~ C O N ~ ~ V II ~bo ~ ~ a a R VI n110~31niH ~ OR ~ 3i33WOH ~~ UUa~ ~ a~ ~ O O M ~' G -O p ~ ~ O o a M O c V 0 3 0 o y i~aoai ~<. £ m d~ N~ O J wona mn w ~ amn omn a m Q („~ d (•,~ ~ U ~ d n ' II tm~~am, J m ~c N r G` 3 a ~ ~ ~ c O s , . R Ninoa avan aanrvxai (~ I r J _ r ~ ~ Z ~ _ ~~ g O , ~ R O 1 w y ~ ~ ~ w ~ ~~ dS ~ ~ w ,,, ~- W ~ ~, a 7 ,I I ~ I I Z y N W U U O I mom a I mJ ~ ~ ~ w Q ! z ~ Q k( C F I Q ~ ,~ W. ~ O s = ~ ~ ~ ~ o z l a ~ ~ ,~ 1 a. ~ ~ ~ ~ a n st ~ ~ s ~ ~ $ ~ < l ~ ~ 1 1 1 ~ 'g ~~ v 1 ~ " ~ 1 ~ d ~ 1 o J~ ~1 b7 ~~ ~~~ P ~ a , S~R ` I ~ m ~ ~ ~ obo R ~A~,~a ~~~ ~~~~~b ~~ ~~~ 1 OdO213O~2lVAOlO L ,.F ~~°~ Attachment 2 To Report PSD-039-10 o ~ I . ~ L y _ t` s _ L" 3 ' §' $ ..~ 1 Y ~~' "p 1 F. `EtO OR~VE ~y t~' `., R y~ ~.~: 1 Y °" j 4 ~ sd~ `, Q i~~~a tT~, y . ~~p ~ , 0 ` ,`~ s ~ # F~E4~ ~ ~ r s - ~1 ~ _ o0.p Lam" 9 F~N . ~ . , ~ ® ~ ~ ~?7~ J :• ~ ~J N o, I I I I I I I III I r--._.: r SR } u~r.'1 ~`. ~. ~- " O ~ \ OY,a 3 n / I I ~ ~ ot$. ~ ~ ~ S L 2 . ~1s1~~rr `., ~ ~\ sa x~ o :. ^ ~ ~; ~ M ~p~e~a ~4C-. l~rl 4 .~~ , \ ~ ~ _ ` ~Jp ~~ da ~ ~~ ..~ ~~ /.. A age ~ , \ g a. l ltj = Y ~ yIi ~q ~ F~ ~ _ ,y ". .I ~ ~ 4a: r ". yy ~s ~ ~~ `~ .~ J ~ ~. K> ~~~ ~ i~•'s._ (# ,, ` .. ~,~ ~ N te!" - 1 ~ ~ ~+ y' y " ^ ' t r a 15 ~ ~y '^v' ~.. ' ~ a ~ ~T ~ j ° 1 . 1 N'i ~' = I ~' zN wl J ogg @@ r6~ ~'o"S~?_ n°~m ~ ~~~3 f.v_LL F $~ F b ~y v. m~ ~. ~i E~-F z z 0 O Z 4 ...7 F 2 Ls7 a Q c a F z 0 c" Z y oz M~ o Z ~ o J Z C 7 W :a. ~ ~ V £ :,n~ sardixssawlN~NNOain~,ia La~eirv ~~ ~L '"°+P +~~~ 47 Attachment 3 To Report PSD-039-10 lei .; 3 ;.; P ~s ~ I g a ~ a s A a s P p@ i S 3 b ~~, ~ a O~ t~l a R ~ A A A~ aa~as s : . 9 ~~ll~~: ~I 6d ~°a~ qA ~ Z 'g ~ A A A a a a A ~P~ @ GveP °~~ d w ~..~ Q ~ ti A - d~~ sa 5 E C FE` ~Plsl ypy ~~ 1 556i dda ~ % V 4 ~Sa~A ~i 'i° J`daz }~} ~ ~ 5 p~ ] i ] ] ~`"" F 4ed~P' I S ' _z ,: ~ ^~ FZ~ ~ i IP 953E 4~~ k' 9a x C 3f C~~rv' e~ ~ '60~ JOYx FSq ~ ~~ g ilA i fee PqP ~ `~ Na ~ ~~Sj ~~ ;~~~5~ ~~~~rc~Za£ ~ ~p!g ~~ ~~ ~~~eg ~g ~I ~~ ~~~f~ ~E=f~a~~ F~ Z' ~ .. O aPa~~a I: ,!... ~;y~ ~~v~: g~Sgl~~scJi~ §a& ;~ e€ eke d6~6t0e~~ ~ I 6~¢ aQ 8~y~8 ~:~983~~ g. fig` -- -'- -- ~,- , A~fi, .~ ~, ., ~ i ~ ~~ ...., i ~ i ~ ~ , i i ~~~„ ~~ i l / %~ ~ ~ . r, ~ J _- ~ ~ ~ J 7 - . d~ ' P \ r ~. `a ~~ - I F ~ Z ~ .k o°~ -~ i it ,I p..i! w ~~~ e~~ 8a$ I ~ 1 i J 4 ~ Z Q >- ~ ' I ~; a ' 41 I I O ,, i O ~ 3 i ~ ; i ' o ~ ° F .. Q ~~j ~ : - a ~d o .. . z ' e , , _. o° Q, ~; ~~ ~w~ ,, ~~~~i ~, , , .~ \, v_~ ~~ fo~aa~r ~ y' 4 ,~}<~ ~~ ~ yy.~ 1 ~ ~ ~ 6~ SS `~ ~ ~ ~ d`,° ~ ~, - 3vI1id341Q~r ~rv1Y51%3 :~: i ,~' .:• u ~ ,. ~ ~ .~~~~~ A ~ - t - ~{y' ~ S , 1 i i ~ • - .. '- _. ~ , SS .i " ~ .{~" - ~ 1 ~~ l S r~~ yy i~ /L r~~. 'sr j '. ~V Attachment 4 To Report PSD-039-10 AMENDMENT NO. 71 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Official Plan of the Municipality of Clarington to delete the Public Elementary School and Medium Density Residential .symbols from the subject lands and to adjust the allocation of neighbourhood populations in the Worden Neighbourhood accordingly. LOCATION: The subject lands are located east of Old Varcoe Road, south of future Adelaide Avenue East extension, west of Tooley Road and north of Centefield Drive and within Part of Lot 34, Concession 3, former Township of Darlington. BASIS: This amendment is based on Council's consideration of an Official Plan Amendment Application (COPA 2003-014) submitted by Sernas Associates on behalf of Courtice Woods Inc. for the development of 55 single detached residential units on the subject lands. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: i) By amending Map A2 (Land Use) by deleting the Public Elementary School and Medium Density Residential symbols on the subject lands as illustrated on Exhibit "A"; ii) By amending Map H1 by changing the population allocation of the Worden Neighbourhood from 4000 to 3900 as illustrated on Exhibit "B": and iii) By amending Table 9-2 by decreasing the housing target for the Worden Neighbourhood to reflect the following: (a) 125 medium density units to 75 units (b) Total units from 1400 units to 1350 units; and (c) Amending all corresponding totals. IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official ..Plan, as amendment regarding the implementation of the Plan shall apply to this amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amendment regarding the interpretation of the Plan shall apply to this amendment. 849 Exhibit "A", Amendment No. 71 To the Municipality of Clarington Official Plan, Map A2, Land Use, Courtice Urban Area Delete "Medium Densit y -. DRSPN B^UNDPRY Residential" Symbol ® PURIRE URpAN RESIOENiIAL O VRSPN RESIOENML • _ • PSITY ® R DI U~DE © i M S O N ~• I ® RES'IOENTWLY 1 1 TOWNCENTRE ® COURl1CE WEST 1 seovPING DISTRICr 1 M De l ete "Public Elementary I NEIGHROURHOLO CENTRE ®© E ~ s SCIIOOr' Sym YOI 1 ~ HIGHWAY LOMMERCNL wa O FRESTIOE EMPLOYMENT AREA P~ Y O ® LIGXT ® INOUSTRNL PREP '. ~.. ® .^.@_~ 1 GENERAL .~ ® INWSTRIALPREP N ~ -- J....• © ! ' BVSINESS PPRK o 1~ M ~ .:a ~ • • wurv ON ~ EINIRONMEMAL PROTECTION PREP M Z® GREEN SPA E ® C O M 1 © WATERFRONT 111111 GREENWAY e ® COMMUNITY PPAK 1 ~ ® ° ISTRI T PAR ® I ~ ~ ~ $ D C K IFIGH RH M ® OOD ROU 1, PARK PUBLIC SECONOPRY SCROOL I / ~ SEPARATE © © j ~ SECONOPAY SCHOOL i Pueuc 1 ~~ ELEMENTPAY SCHOOL O ® R N ~ SEPARATE 11 ELEMENTPRY SCROOL 1 ~© O _ SECONDARY %ANNING PRE9 .....I gpEGPL PGLICI PRFA • • ~/ 1 j ~/,~~ / •~M~~M~SPECIPL STVDYMEP ~ M GO STPTION 444 ".~ MAP A2 LAND USE COURTICE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON LANL4RY Z. mor Exhibit "B", Amendment No. 71 To The Municipality of Clarington Official Plan, Map H1, Neighbourhood Planning Units, Courtice Urban Area . r_ _~ i ~~ I FAR -) ~ I I~ W DEN HIGHLAND 5 4,00 6 ) ~) ( la ~ K ~ NASH RG (Zg~ ~ Change From rnu (4000) To (3900) 1 ~~ , CENTRE ~ ~- X800 ~ 2 I \ , OO) EMILY 7 ~ I A N ~ ~ 8 ) ~ 9 ~ ~ ~-- URflM! BOUNDAM ~ P (3940) D j ~ NEIGHBOURHOOD BWI NDARY w U (, D00) POPUUnoN p ~ ~ ~ to (~) SEE SECTION 17.6 a ~ BLOOR STREET z _ ' 11 °I B ArnE ( ~ 450D I N 1 , 0 200 q00 800 800 m 200 m ' ~~ ~~ ~~~~~ ' a ~ f BASELINE ROAD HIGHWAY qOf I °z JJJ 1 /~ ~~ _Irc 1 S,y q MAP H1 NEIGHBOURHOOD PLANNING UNITS , COURTICE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON JANUAR! 2, 2007 LAKE O//TAR/O REFER TO SECTIONS 5 AND 9 TN6 CONBWMTON IB PRONDfD FM COMEIi[NCE DHLY AHD RDMFSDNS REOUESIBD lgdDGTNNK NID IPPRWNS CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to adopt Amendment No. 71 to the Clarington Official Plan Attachment 5 To Report PSD-039-10 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 Public Elementary School symbol and the Medium Density Residential symbol from the subject lands, and to adjust the allocation of neighbourhood population in the Worden Neighbourhood accordingly. NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 71 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By-law shall come into effect on the date of the passing hereof. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time arid finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk CONDITIONS OF DRAFT APPROVAL PLAN IDENTIFICATION Attachment 6 To Report PSD-039-10 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2003-001 prepared by Sernas Associates identified as Project Number 03186, dated November 2003, and revised November 2009, which illustrates a total of 55 lots for single detached dwelling units, including 35 lots with 12.0 metres of frontage and 20 lots with 10.0 metres of frontage, two (2) blocks for Open Space (7.56 hectares), a 0.03 hectare parcel retained by the Owner, and additional blocks for roads and related services. 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. 4. 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 on how development in Plan S-C- 2003-001, will 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 Homeowner's Guide regarding the environmentally sensitive features in the neighbourhood as described in Condition 26. 5. The Owner shall submit to the Municipality of Clarington and the Regional Municipality of Durham, for review and approval, an acoustic report (and addendum, where applicable) prepared by an acoustic engineer based on projected traffic volumes along the proposed Adelaide Avenue extension provided by the Durham Region Planning Department and recommending noise attenuation measures for the draft plan in accordance with the Ministry of the Environment guidelines.. 6. 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. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 7. 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. 8. 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. 9. The Landscaping Plan required under Condition 8 shall include plantings for the buffer area adjacent to both the woodland and wetland in accordance with the Environmental Impact Study prepared by Niblett Associates Inc. dated July 2009. The Landscaping Plan as it applies to the woodland and wetland buffer area shall require the review and approval of the Central Lake Ontario Conservation Authority. The Owner shall implement the approved landscape plan prior to the removal of the (H) Holding symbol under Zoning By-law 84-63, as amended. 10. 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. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 11. The Owner acknowledges and agrees that they shall be 100% responsible for the cost of the future closure of Old Varcoe Road, north of Varcoe Road upon the completion of the proposed Adelaide Avenue extension. In order to facilitate this the Owner shall prepare a cost estimate, to be approved by the Director of Engineering Services, for the erection of a barricade along the width of Old Varcoe Road where it intersects with Varcoe Road. 12. 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. 13. The Owner shall convey a 7.0 metre x 14.0 metre sight triangle at the intersection and corners of Varcoe Road and the proposed Adelaide Avenue extension to the Municipality of Clarington. 14. The Owner shall convey a 3.0 metre road widening being Block 59 to the Municipality of Clarington for the purpose of widening Varcoe Road. 15. The Owner shall convey a 5.0 metre x 12.0 metre sight triangle at the intersection and corners of Street A and Varcoe Road to the Municipality of Clarington. 16. The Owner shall terminate any deadends and/or open sides of road allowances created by this draft plan in 0.3 metre reserve(s) to be conveyed to the Municipality of Clarington. 17. The Owner shall construct a temporary turning circle at the northerly terminus of Varcoe Road and shall remain in place until such time as Adelaide Avenue is fully constructed and operational. Additional temporary turning circles may be required depending upon the phasing of the development. The need for .any additional temporary turning circles and frozen lots will be determined at the engineering stage solely at the discretion of the Director of Engineering Services. 18. The Owner shall construct a 1.2 metre chain link (non-gated) fence along the rear of Lots 36 to 55, Lots 18 to 25 and Lots 30 to 35 inclusive. 19. The Owner shall convey Blocks 56 and 57, being valleylands, woodlands and portions of a Provincially Significant Wetland, and associated protective buffers, to the Municipality of Clarington. 20. The Owner shall make 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. 21. The Owner agrees to implement the recommendations of the Hydrogeologic Investigation Report prepared by Geo-logic Inc. dated July 2006 and revised March 2009. 22. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 23. The Owner shall provide and install sidewalks, street lights, temporary turning circles etc., as per the Municipality's standards and criteria. 24. The Owner shall cause all utilities, including hydro, telephone, Cable TV, etc., to be buried underground. 25. 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. 26. A Homeowners' Guide shall be prepared to the satisfaction of the Director of Planning Services and distributed to all purchasers of lots created by the subject plan. The Homeowners' Guide shall educate landowners about the provincially significant wetland, woodlands, Coldwater, creek, valleyland and wildlife in accordance with the Environmental Impact Study prepared by Niblett Environmental Associates Inc. dated July 2009. 27. The Owner shall submit a detailed tree preservation plan 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. 28. The Owner agrees to comply with the recommendations of the Environmental Impact Study prepared by Niblett Environmental Associates Inc. dated July 2009 as it relates to construction activities in proximity to the natural features and protective buffers, namely: a) Storage or stockpiling of vehicles or materials within 30 metres of the existing forest edge and top of slope is prohibited; b) Refuelling of vehicles or storage tanks within 30 metres of the existing forest edge and top of slope is prohibited; c) Stockpiles of topsoil or other materials shall be located a minimum of 30 metres from the setbacks and within the northern. portion of the property; d) Placement of fill, stumps, slash or other materials is prohibited within the wetland or the buffer areas; and, e) Construction vehicle access is prohibited along Old Varcoe Road. 29. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 30. The Owner shall be 100% responsible for 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. 31. No building permit shall be issued for the construction of any building on any residential lot or block on said plan, until the exterior architectural design of each building and the location of the building on the lot has been approved by the Municipality of Clarington. 32. No residential units shall be offered for sale to the public on said plan until such time the exterior architectural design of each building has been approved by the Director of Planning Services. 33. The Owner agrees to submit a well monitoring/well interference report. Further, the Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 34. 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. 35. 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. 36. 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. 37. 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. 38. 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. 39. 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; 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; and, 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. 40. The Owner shall prepare a Sediment and Erosion Plan which shall include the installation of silt and heavy duty wire fence backing along the rear of Lots 36 to 55, Lots 18 to 25 and Lots 30 to 35 prior to any site preparation or construction activities. The fence shall extend to the property limits and must be regularly inspected and maintained until construction is completed and the soil stabilized with vegetation. 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 Municipality of Clarington Subdivision Agreement to implement the recommended noise attenuation measures of the acoustic report required under Condition 5. The measures shall be included in the subdivision agreement and must also contain a full and complete reference to the acoustic 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. 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 othewise, 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 plan of subdivision. 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 Developer 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 Developer is hereby advised that the Developer may be required to pay-for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the Developer elects not to pay for such connection to and and/or extension of the existing communication/telecommunication infrastructure, the Developer 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 Agreement, to grant the appropriate utility 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 utility facilities or easements, the Owner shall be responsible for the relocation of such facilities or easements. 51. The Owner is responsible for preparing a composite utility plan that allows for the safe installation of all utilities, including required separation between utilities. 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 the appropriate utility. 53. The Owner shall ensure that all natural gas distribution systems are installed within the proposed road allowances. In the event that this is not possible, easements will be provided at no cost to the natural gas service provider. 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 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) The Owner agrees to carry out the works referred to in Conditions 4(iv), 9, 18, 19, 21, 26, 28, 39 and 40 to the satisfaction of the Central Lake Ontario Conservation Authority. e) 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 Central Lake Ontario Conservation Authority. f) 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. g) 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. h) The Owner agrees to place the following in all agreements of purchase and sale between the Developer and all prospective home buyers of Lots 1-17: "Homeowners are advised that as part of the approved storm water management program for the development, a rainwater well system has been installed to encourage infiltration. The rainwater well system shall be kept in good working order and at no time shall be disconnected or dismantled unless expressly authorized by the Municipality of Clarington and the Central Lake Ontario Conservation Authority." 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) Central Lake Ontario Conservation Authority, how Conditions 4(iv), 9, 18, 19, 21, 26, 28, 39, 40, 41 and 54(i) have been satisfied; b) Enbridge Gas Distribution Inc., how Conditions 51-53 have been satisfied; c) Bell Canada, how Conditions 49-50 have been satisfied; and, d) Durham Regional Planning Department, how Conditions 3, 5, 7, 37, 42, and 44- 48 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. 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, ON, LIH 3T3, (905) 579-0411 b) Enbridge Gas Distribution Inc., P.O. Box 650, Scarborough, ON, M1K 5E3 c) Bell Canada, Development & Municipal Services Control Centre, Floor 5, 100 Borough Drive, Scarborough, ON, M1 P 4W2 d) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, ON, L1 N 6A3, (905) 668-7721 Attachment 7 7o Report PSD-U39-1U CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- 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 2003-052; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 13.4 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto, the following new Special Exceptions 13.4.71 and 13.4.72 as follows: "13.4.71 URBAN RESIDENTIAL EXCEPTION (R2-71) ZONE Notwithstanding Sections 13.2 a), b), c) i), ii), iii), e), g), and h), those lands zoned R2-71 shall be subject to the following zone provisions: a. Lot area (minimum) 270 square metres b. Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot c. Yard Requirements (minimum) i) .Front Yard ii) Exterior Side Yard iii) Interior Side Yard 10.0 metres 13.0 metres 6.0 metres to private garage or carport 4.0 metres to dwelling 2.0 metres to porch 6.0 metres to private garage or carport 4.0 metres to dwelling 2.0 metres to porch With private garage or carport 1.2 m on one side, 0.6 m on the other side; Without private garage or carport 3.0 m on one side, 0.6 m on the other side d. Lot coverage (maximum) i) One Storey a) Dwelling b) Total of all buildings and structures ii) All other Residential Units a) Dwelling b) Total of all buildings and structures 50 percent 55 percent 40 percent 45 percent iii) Notwithstanding the above lot coverage provision, a covered and unenclosed porch balcony having no habitable space above it, shall be permitted subject to the following: a) in the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 square metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage; b) in the case of an eMerior lot, an unenclosed porch/balcony up to a maximum area of 20 square metres shall be permitted provided it is located in the front and/or eMerior side yard of the lot and shall not be calculated as lot coverage. e. Height of floor deck of enclosed porch above finished grade (maximum) 1.0 metre f. Driveway Width 4.6 metres g. Height (maximum) i) 1 Storey 8.5 metres ii) All other residential 10.5 metres h. Garage Requirements All garage doors shall not be located any closer to the street line that the dwelling front wall or exterior side wall or covered porch projection. ii) The outside with of the garage shall be a maximum of 45% of the width of the lot 13.4.72 URBAN RESIDENTIAL EXCEPTION (R2-72) ZONE Notwithstanding Sections 13.2 a), b), c) i), ii), iii), e), g), and h), those lands zoned R2-72 shall be subject to the following zone provisions: a. Lot area (minimum) 300 square metres b. Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot c. Yard Requirements (minimum) i) Front Yard ii) EMerior Side Yard 12.0 metres 15.0 metres 6.0 metres to private garage or carport 4.0 metres to dwelling 2.0 metres to porch 6.0 metres to private garage or carport 4.0 metres to dwelling 2.0 metres to porch With private garage or carport 1.2 m on one side, 0.6 m on the other side; Without private garage or carport 3.0 m on one side, 0.6 m on the other side iii) Interior Side Yard d. Lot coverage (maximum) i) One Storey a) Dwelling b) Total of all buildings and structures 50 percent 55 percent ii) All other Residential Units a) Dwelling 40 percent b) Total of all buildings and structures 45 percent iii) Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable space above it, shall be permitted subject to the following: a) in the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 square metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage; b) in the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 20 square metres shall be permitted provided it is located in the front and/or eMericr side yard of the lot and shall not be calculated as lot of coverage. e. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre f. Height (maximum) i) 1 Storey 8.5 metres ii) All other residential 10.5 metres g. Garage Requirements All garage doors shall not be located any closer to the street line that the dwelling front wall or exterior side wall or covered porch projection." 2. Schedule "4F" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding -Urban Residential Type 1 ((H)R1) Zone" to "Holding -Urban Residential ((H)R2-71) Zone"; and, "Holding -Urban Residential Type 1 ((H)R1) Zone'to "Holding -Urban Residential ((H)R2-72) Zone'; and, "Holding -Urban Residential Type 1 ((H)R1) Zone' to "Environmental Protection (EP) Zone", 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 Section 34 of the Planning Act. BY-lAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2D10 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2010- , passed this day of , 2010 A.D. ~ ~ ` pR POSED ADELAIDE AVENUE EXTENSIOIy ' __-~'~ v \~~ >~» iii ' ' e;~\:y.°y~. y.'R'b~iy~y1'•^'n>~°y`viynpn h•L\• n~t1+;f ..~ °1 n +.•°C~.yy.1^„~n!~ n .may^'~ n ' ~':: .. i > r.n nYL`' . Yyn~ 1...yn^ S•..\a„ e"\.~ + h >> 2 >J> y e a` . [~\v°y 1w a•y'^eY~s Y4~Y `1w• 'h synn - J)» ti-`N~~ryeLhgT~4~~.~ti`yr~yLyrZy ~°g e >J J n "y `Y nZ °` V ~^ ` \' W y 'H" ' rh ~ n °~ J 5 )J ~ ' ' '~4 `, r y .V y Y +. ` r „dw'w 14`.y •t •'yaq~ri iy~°ySh„Y°w ..tin°yih~ a JJ ~ i>> ~ ~"nyw 1M11 'y w°Z s yn ~y°On i•`~ 11' `~.yN" \"`~ : ~ ' ~ ~ ' " y »> y> J h s n. y.~r n" ` \ ~ iyn• .M1 y~ yi 1 ~ J iJ aiJ ...'~.: "-th.:nr,^e`..y':~s'"`y`-r: `"y-...,`"'\"°.s.h : : ° t ` " ' ' '• " W >j J>>J ]>i J Z~. ~ ~ ,y.\ a~^w t.y i ''t.'~ =...^,yn•~ ' : •;~~`M: y : °` ' ^ i y ~ O U J»J J>JJ> ~> J> >)> ii J> n y1 ;•tniy yw t 1W4.\ V 1h1 ~ 1S 1W` g ~Y:.,.,. ~ =r:• n~..w:..y"1^-l ~'j~ +i•: w,^~4 > h ' J aJ>i~ e > J>J> > ~ L,`t-r°~~`~v'\,y~.^ "~, y„ •i;•M1+.\^rv :.ti ` T \ n - ~ J ? O N J> >J>J]J i >i> i »)J» +e~.y yY.~"\ 1.~ \"A'w.`iy'~'4~'~\°+ g vQ~^._ ns9+••`•\n'1 '.~. n Ltiy.\•'+P`i. ~^y.•"~4 y.. 1: ~ - J>J~'J> J>>j~J „y ~~ ~ ~ q£iyn~ ~,~ 141~nh^'.yq `s'ue:` hh ~,°tl`a JJ) 'Ji N>']> J Y""" 1w~~.ti a°Y-~ 1`•1{h4f•.1\ Mi 1~YY+~~ i ) N J>J )>»>>J]) > "1".+y"~7•,`` \1 \..y a~+y1.\° RVnYnn Zy~~~'h'~..y i . Z ' •, >~>>)~. >~> ~'>i ~ .~-y ~i~ ,~ A~1 i y V 41•~ti 1. ry.M1Y:Y•;^i`i~ >J iT>) Jai J >' ° h1;° 1~ . ~ !;;j y i " ~ \ P > J J'> » > J J ~~. ~ 4Y`ay ~ i °` ^' . a i ya ^ .` •°v =~ - ^ ` >>3>J J JjJ)> ~'>il J J> .1 \: ' "rygT°"°P~.yie~r•`~` :•~ .~a ~~w:a.y H " r ^ ^"` ^ `~ 'y ,. > ) > ~ J ]» >iJ J J>J>,~>>i;:>J> yp'...\ . . .: vy n °e•..y: L . a~ n ~ r'e -~ . tiiyw,.r., v L~..y.•rn~~e~Y° .'~; .•~yw;'~ ~nw '> pJ >> > >J> JiJ>>>]> w y . . j~. y-. i „t i° 1yi^1 n9 '+•• y \ y'4 ~1y n^ ~n ' ` y i . j~JJ>> y., J>N °w °\ ~tti ~°; `a .\ `r~`"'1Y•'~a. rYy -.\ AnI.Y~ . b !•.y ~~`'.~"ni'1 .^ na Srh" > V° 'i '•' y Z +C » .•Ca n ~sS ~ A"b om' )U) 4` ~y::`y'~1 n` rT`• J M1 ^ r > J `` ~ ` ; n >J CE i. .LNY4 ~ • Y i i>J O NTERF `.:''yrw: ry« > ;QU =(9 ~~ Q~ 9 ®Zoning Change From (H)Rt to (H)R2-72 Zoning Change From (H)R1 to (H)R2-72 J)i);) Zoning Change From (H)R1 to EP l Zoning To Remain EP Zoning To Remain (H)Rt Patti 1. Barrie, Municipal Cl Jim Abernethy, Mayor erk _ it __ _ WiFPNp •PU~E - I i A46- T o a _ z- COURTICE ~ t_ ~`~ zansoo ~ Attachment 8 To Report PSD-039-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-faw to authorize entering into an Agreement with the Owner(s) of the Draft Plan of Subdivision S-C-2003-001, any Mortgagee who has an interest in the said Lands, and the Municipality of Clarington, in respect of S-C-2003-001 WHEREAS the Owner(s) of Draft Plan of Subdivision S-C-2003-001 has received Draft Approval and intends to proceed to Final Approval and enter into a Subdivision Agreement with the Municipality; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. 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-2003- 00 L 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 the aforesaid agreement. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk