HomeMy WebLinkAboutPD-49-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: PD -49 -97
REPORT
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Meeting: General Purpose and Administration Committee File # �L0. 9 O' C)
Date: Monday, April 7, 1997 Res. #(-�-���1 _R PS -`17
Report #: PD -49 -97 File #: DEV 90 -012 (X -REF: 18T- 94008) By -law # l` 0
REZONING O.
ONTARIO INC.
PART O O. • OF
FILE: DEV 90-012 18T-94008)
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -49 -97 be received;
2. THAT the Region of Durham be advised that the Municipality of Clarington
recommends approval of the draft plan of subdivision 18T -94008 dated April 26,
1989, subsequently revised in red as shown on the attached plan and subject to
the conditions contained in Attachment No. 1 to this report;
3. THAT the Mayor and Clerk be authorized, by by -law, to execute the Subdivision
Agreement between the Owner of the proposed draft plan of subdivision 18T-
94008 and the Corporation of the Municipality of Clarington at such time as an
agreement has been finalized to the satisfaction of the Director of Public Works
and the Director of Planning and Development;
4. THAT the attached amendment to By -law 84 -63 be APPROVED and that the
Holding (H) symbol be removed by By -law upon the execution of a Subdivision
Agreement; and
5. THAT the interested parties listed in this report and any delegations be advised
of Council's decision.
1.1 APPLICATION DETAILS
1.1 Applicant: 917859 Ontario Inc.
1.2 Agent: Keith Allin
1.3 Rezoning: The subject property currently contains the following zone
categories:
• Agricultural (A)
• Environmental Protection (EP)
PD -49 -97 PAGE 2
The applicant intends to rezone that portion of the subject land
currently zoned Agricultural (A) in order to permit the development
of a 21 lot estate residential plan of subdivision. Staff note that the
Environmental Protection zone is not intended for development and
the limits of the Environmental Protection zone have been confirmed
by the Ganaraska Conservation Authority through a detailed review
of the plan of subdivision.
1.4 Subdivision: Seeking draft approval for a 21 lot estate residential plan of
subdivision.
1.5 Area: 23.918 hectares (59.1 acres)
2. BACKGROUND
2.1 In December of 1989, the applicant applied to the Region of Durham to amend
the Durham Regional Official Plan. The applicant also applied with the former
Town of Newcastle to amend Comprehensive Zoning By -law 84 -63. Both
applications were required in order to facilitate the applicant's desire to develop
the subject property with a 22 lot estate residential plan of subdivision.
2.2 On Monday May 7, 1990 a Public Meeting was held to satisfy the statutory
requirements of the Planning Act with respect to the proposed zoning by -law
amendment.
2.3 The application was subsequently revised to propose 21 lots and on December
7, 1992 the General Purpose and Administration Committee resolved to
recommend approval of the Regional Official Plan Amendment but referred the
zoning amendment request back to staff until such time as a plan of subdivision
application was submitted.
692
PD -49 -97 PAGE 3
2.4 Amendment No. 282 to the 1976 Regional Official Plan was approved by the
Ministry of Municipal Affairs on July 21, 1994 and the applicant subsequently
submitted an application for a plan of subdivision in August of 1994. Although a
Public Meeting was previously held in May of 1990, staff felt it would be prudent
to hold a second Public Meeting due to the significant amount of time which had
lapsed. The second Public Meeting with respect to the zoning amendment
application was held on February 20, 1995.
3. PUBLIC NOTICE AND SUBMISSIONS
3.1 A Public Notice sign was installed on the subject lands in accordance with
Council policy. In addition, Public Notice was mailed out in accordance with the
provision of the Planning Act.
3.2 As a result of the public notification process, staff received one (1) telephone
inquiry from an area resident who requested more detailed information with
respect to the proposal.
3.3 Public Meetings, as required by the Planning Act, were held on May 7, 1990 and
February 20, 1995, at which time the General Purpose and Administration
Committee was addressed by the agent for the applicant. No area residents
appeared at either of the Public Meetings although the agent for the applicant
submitted three (3) letters of support from abutting property owners.
4. OFFICIAL PLAN CONFORMITY
4.1 Within the Regional Official Plan, the subject property is designated in part Major
Open Space and in part General Agricultural. Section 20.11.3 incorporates
Amendment No. 282 to the 1976 Regional Official Plan into the 1991 Regional
Official Plan. As previously noted in Section 2.4 of this report, Amendment No.
282 permits a 21 lot estate residential plan of subdivision. Therefore, the
application conforms with the intent of the Regional Official Plan.
693
PD -49 -97 PAGE 4
4.2 Within the Clarington Official Plan, the subject property is designated Country
Residential. The proposal conforms with the Clarington Official Plan.
5. ZONING BY-LAW COMPLIANCE
5.1 Within Comprehensive Zoning By -law 84 -63, the subject property is zoned in part
Agricultural (A) and in part Environmental Protection (EP). As the applicant is
proposing to amend the zoning on that portion of the land currently zoned
Agricultural (A) in order to permit the estate residential development, an
amendment to the zoning by -law is required. As previously noted, the
Environmental Protection (EP) zone is not intended for development and the limits
of the Environmental Protection (EP) zone have been confirmed by the Ganaraska
Region Conservation Authority through a detailed review of the plan of
subdivision.
6. AGENCY COMMENTS
6.1 The proposed plan of subdivision was circulated by the Regional Planning
Department in August of 1994 and recirculated in November of 1996.
Subsequently, the Municipality of Clarington Planning and Development
Department, undertook a circulation of the related zoning amendment application.
The following provides a brief synopsis of the comments received.
6.2 The Municipality of Clarington Public Works Department has noted a concern in
that the provision for the reconstruction of Brownsville Road from Highway No. 2
northerly to the north limit of the property has not been included in the
Municipality's Development Charges By -law. The Public Works Department has
advised that the development cannot proceed until either:
® the required work has been included within the Development Charges
By -law; or
694
PD -49 -97 PAGE 5
the applicant has undertaken the reconstruction of Brownsville Road as
described above.
However, the Public Works Department offered no objection to the proposal
subject to various regulatory conditions regarding storm water management, the
location of the cul -de -sac and the reconstruction of Brownsville Road.
6.3 The Ganaraska Region Conservation Authority advised that they had no objection
to the proposal subject to various conditions with respect to the floodplain of
Graham Creek. The Authority also supported the creation of Block C which
corresponds to the valleylands of Graham Creek. The creation of Block C would
place the Graham Creek valleylands under one common ownership which it was
hoped would help to reduce negative impacts upon the valleylands. The future
ownership of Block C will be discussed later within this report.
6.4 The Ministry of Culture, Tourism and Recreation has advised that the subject
lands have a high potential for the discovery of archaeological remains due to the
property's topography, soil and proximity to Graham Creek. Therefore, the
Ministry recommends that an archaeological assessment be completed prior to
any earth disturbance. The request for an archaeological assessment has been
incorporated into the Conditions of Draft Approval attached to this report as
Attachment No. 1.
6.5 The Municipality of Clarington Fire Department recommended that the new
residents be advised that fire protection services are provided by an unmanned
station covered by part -time fire fighters on an on -call basis. However, the Fire
Department offered no objection to the proposal.
6.6 The balance of the circulated agencies which have provided comments were
Ontario Hydro, Bell Canada, the Ministry of Agriculture and Food, the Ministry of
Natural Resources, the Ministry of the Environment and Energy, the Regional
695
PD -49 -97 PAGE 6
Health Department, the Regional Works Department, the Public School Board and
the Separate School Board. None of the aforementioned agencies have provided
objectionable comments with respect to the proposal.
7. STAFF COMMENTS
7.1 Staff have reviewed the application in relation to the Clarington Official Plan,
Comprehensive Zoning By -law 84 -63 and the uses in the surrounding area.
7.2 The approval of the application will merely bring the zoning on the subject lands
into compliance with its designations in the regional and municipal official plans.
Specifically, the new zoning, if approved, would implement Amendment No. 282
to the Durham Regional Official Plan and the new Clarington Official Plan to allow
the development of the site with a 21 lot estate residential plan of subdivision.
7.3 Staff note that the subject lands are currently traversed by an existing Bell Canada
easement. However, the lots are sufficiently sized that it is possible to construct
a dwelling on each of the proposed lots without impacting upon the easement.
In addition, as noted earlier, Bell Canada has reviewed the proposal and offered
no objection to the applications.
7.4 Staff however, have noted a concern regarding the creation of Block C, which
corresponds to the valleylands of Graham Creek. The notes on the plan of
subdivision indicate that the applicant intended to dedicate the Block to the
Ganaraska Region Conservation Authority. Authority staff advised that they are
not interested in obtaining ownership of Block C and inquired if the Municipality
would be interested in obtaining ownership of Block C. Both Planning and Public
Works staff would not recommend ownership of the block at this time due to the
isolated nature of the site and the related cost of maintenance. As a result, staff
determined that it would be in the best interests of all parties to allow the current
owner of the property to retain ownership of the Block as private open space.
696
PD -49 -97 PAGE 7
Access to the property has been provided by red -line revising the plan along the
back of Lots 14 to 16, all inclusive and extending Block C by a 10.0 metre width.
This will allow the applicant to retain the ownership of Block C with frontage on
a municipal road allowance and will also maintain the possibility of municipal
ownership at a future date.
7.5 Staff also note that the Public Works Department requested that the applicant
revise the plan of subdivision to remove the north access from the plan of
subdivision. This would result in the subdivision being developed as a cul -de -sac
with access only provided by the southerly extension of Street "A ". The rationale
for the request is that Brownsville Road is external to the Plan of Subdivision and
as such, the Municipality is responsible for the re- construction of the road to
service the development. As previously noted, this work was not incorporated
into the Municipality's Development Charges By -law.
7.6 In addition, the Public Works Department advised that the topography within the
existing road allowance is impassable and it was considered unreasonable to
open and construct a road allowance which does not appear to serve any useful
purpose.
7.7 Although, the Regional Official Plan generally requires that estate residential
developments be serviced with two access points, the Planning and Development
has been advised by the Regional Planning Department that given the long
history of the applications and the development charges implications, the
application can be considered to be in conformity with the Regional Official Plan
despite providing only one point of access.
7.8 Staff advise that the attached By -law would provide the appropriate zone
categories in order to facilitate the development of the draft plan of subdivision
as amended.
697
PD -49 -97 PAGE 8
8. CONCLUSION
8.1 In consideration of the comments contained within this report the Planning and
Development Department would have no objection to a recommendation to the
Region of Durham of approval of the Plan of Subdivision subject to the conditions
contained in Attachment No. 1 to this report.
8.2 Furthermore, staff would have no objection to the approval of the attached zoning
by -law amendment to implement the Plan of Subdivision. The amending zoning
by -law would provide for the appropriate zone categories to implement the
subdivision. Staff note that the Holding (H) symbols will require council approval
at such time as the Subdivision Agreement is registered. A rezoning application
to remove the holding symbol will be required at a later date.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
WM *FW *km
Reviewed by,
4- , el- 41_1J____1A_11 -
W. H. Stockwell
Chief Administrative
Officer
Attachment # 1 - Conditions of Amendment to draft Approval
Attachment # 2 - Key Map
Attachment # 3 - Red line revised plan of subdivision
March 26, 1997
Interested parties to be notified of Committee's and Council's decision:
917859 Ontario Inc.,
c/o Keith Allin
192 Glencairn Ave.,
Toronto, Ont M4R 1 N2
Henry Kortekaas
82 Sherwood Road East
Ajax, Ontario
L1 T 2Z2
698
• • • • • fIVA I •
PLAN IDENTIFICATION
1. That draft Plan of Subdivision 18T -94008 prepared by Henry Kortekaas and
Associates Inc. dated April 26, 1989, as per the attached plan and revised in red
showing 21 lots for single family detached dwellings, Blocks A and B for Storm
Water Management facilities, Block C for private Open Space, and various blocks
for reserve, road widening, site triangle etc.
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2. That all streets within the Plan of Subdivision shall be dedicated as public
highway and shown as such on the final plan.
3. That all streets shall be named to the satisfaction of the Municipality of Clarington
and shown on the final plan.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. That the Owner shall retain a qualified landscape architect to prepare and submit
a Landscaping Plan to the Director of Public Works and the Director of Planning
and Development for review and approval. The Landscaping Plan shall reflect the
design criteria of the Municipality as amended from time to time.
5. That the Owner shall retain a professional engineer to prepare and submit a
Master Drainage and Lot Grading Plan to the Director of Public Works for review
and approval. All plans and drawings must conform to the Municipality's Design
Criteria as amended from time to time. The plan must collect the post
development drainage from the entire site and convey it to an approved outfall
location.
6. That the Owner shall retain a qualified consultant to prepare and submit a Tree
Preservation plan to the Director of Planning and Development for review and
approval. . . •.2
699
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7. That the Owner shall enter into a Subdivision Agreement with the Municipality
dealing with matters financial and otherwise which the Municipality considers to
be appropriate and agrees to perform all terms and conditions of the
Municipality's standard subdivision agreement, including, but not limited to, the
requirements that follow.
8. That all easements, road widening, and reserves as required by the Municipality
shall be granted to the Municipality free and clear of all encumbrances.
9. That the Owner shall pay to the Municipality, the development charges in
accordance to the Development Charge By -law as amended from time to time.
10. That the Owner shall pay to the Municipality at the time of execution of the
subdivision agreement cash -in -lieu of parkland dedication in the amount of five
percent (5 %).
11. That the Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria.
12. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc.
to be buried underground.
13. That the Owner shall provide the Municipality, at the time of execution of the
subdivision agreement unconditional and irrevocable, Letters of Credit acceptable
to the Municipality's Treasurer, with respect to Performance Guarantee,
Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as
may be required by the Municipality.
-3-
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
15. 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.
16. 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.
17. That the Owner provide the Planning Department, on disk in a CAD format
acceptable to the Municipality, a copy of the Plan of Subdivision as draft
approved.
18. That the Owner revise the road configuration at the end of Street "A ". The
proposed road allowance must accommodate a full rural cul -de -sac configuration.
The required cul -de -sac located at the end of Street "A" must be located outside
of the existing road allowance. The existing unopened road allowance adjacent
to this plan of subdivision must remain undisturbed.
19. The Owner must provide design details regarding the storm water management
facilities (Block A and B).
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APPROVAL CONDITIONS OF
REQUIREMENTS • BE INCLUDED IN SUBDIVISION •
20. The development of the plan of subdivision cannot proceed until the construction
of Brownsville Road from Highway No. 2 northerly to the limit of this development
has been included in the Municipality's Development Charges By -law.
Alternatively, the Owner could opt to be 100% responsible for the cost of the
construction of Brownsville Road as detailed in the foregoing.
21. That the Owner satisfy all the conditions financial or otherwise of the external
agencies listed below:
a) the Ganaraska Region Conservation Authority;
b) the Ministry of Culture, Tourism and Recreation;
c) Ontario Hydro
d) Bell Canada
e) the Regional Municipality of Durham Works Department; and
f) the Regional Health Department
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ATTACHMENT #2
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699005
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 97-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former
Town of Newcastle.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "2" to By -law 84 -63 as amended, is hereby further amended by changing the
zone designation from:
"Agricultural (A)" to "Holding - Residential Estate ((H)RE)"
2. Schedule "A" attached hereto shall form part of this By -law.
3, This By -law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY -LAW read a first time this day of 1997.
BY -LAW read a second time this day of 1997.
BY -LAW read a third time and finally passed this day of 1997.
699006
MAYOR
This is Schedule "A" to By —law 97—
passed this day of , 1997 A.D.
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