HomeMy WebLinkAboutPD-51-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: KINGSBEH.GPA C T
REPOR
Meeting: General Purpose and Administration Committee
Date: Monday, April 1, 1996
Report #:
Subject:
PD -51 -96
File #: 18T -90004 (X -REF DEV 90 -006)
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File # IL l a. c /O, UC6
Res. #_C
By -law #
REZONING AND PROPOSED PLAN OF •
PROPERTIES APPLICANT: KINGSBERRY
PART LOT O DARLINGTON
(GEORGE REYNOLDS DRIVE, WEST OF TRULLS ROAD)
FILE: 18T-90004 (X-REF DEV 90-006)
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -51 -96 be received;
2. THAT the approval of this proposed Plan of Subdivision was reviewed in
consideration of Council Resolution C- 780 -89 and it was deemed that the
proposed Plan of Subdivision would not impact on the future alignment of the
Adelaide extension;
3. THAT the proposed Plan of Subdivision 18T -90004 revised and dated August
1993, as per Attachment No.2, be APPROVED subject to the conditions of Draft
Approval contained in this Report;
4. That the attached amendment to By -law 84 -63 be APPROVED and that "Holding
(H)" symbol be removed by by -law upon execution of a subdivision agreement;
5. THAT the Mayor and Clerk be authorized, by by -law, to execute a Subdivision
Agreement between the Owner and the Municipality of Clarington at such time as
the agreement has been finalized to the satisfaction of the Director of Public
Works and the Director of Planning and Development;
6. THAT a copy of this report and Council's decision be forwarded to the Region of
Durham Planning Department; and
7. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Kingsberry Properties
1.2 Agent: D. G. Biddle & Associates Ltd.
....2
REPORT NO. PD -51 -96 PAGE 2
1.3 Subdivision: proposing to develop 28 residential units as follows: 10 single
family dwelling lots and 9 semi - detached /link dwelling lots (18
units)
1.4 Rezoning: from "(Holding) Urban Residential Type One ((H)R1) ",
"Agricultural (A)" and "Environmental (EP)" to permit the
proposed plan of subdivision.
1.5 Land Area: 1.728 ha (4.27 acres)
2. LOCATION
2.1 The subject property is located in Part Lot 31, Concession 3, former Township of
Darlington. The subject lands allow for the completion of George Reynolds Drive
at the north end of the Courtice urban area, west of Trulls Road.
3. BACKGROUND
3.1 The rezoning application was received by the Municipality of Clarington Planning
and Development Department in February 1990. The proposed Plan of
subdivision application was forwarded to the Municipality by the Region in
January 1990. In the original application the land parcel was one continuous
parcel with an east - west orientation. The application was for 1 single family
dwelling unit, 8 semi - detached /link lots (16 units) and 14 residential blocks which
formed part of additional single and semi - detached link lots. The applicant, and
owners of adjacent lands 18T -90004 and 18T- 89118, applied through Land
Division to rationalize their property boundaries and eliminate the matching partial
lots in each subdivision. A copy of the proposed Plan of Subdivision is contained
in Attachment No. 2.
4 EXISTING AND SURROUNDING USES
4.1 The existing site is currently vacant. ....3
546
REPORT NO. PD -51 -96 PAGE 3
4.2 Surrounding land uses are as follows:
South: residential development and applications for draft approval;
East: vacant land subject to applications for draft approval and
limited residential fronting on Trulls Road;
North: vacant lands subject to applications for draft approval;
West: vacant lands subject to applications for draft approval and
existing residential development.
5 OFFICIAL PLAN POLICIES
5.1 Within the Durham Regional Official Plan the subject property is located in the
Courtice Urban Area and is designated "Living Area ", with some "Environmentally
Sensitive" indications within the Courtice Urban Area. The subject application
appears to conform to the Living Area designation. The Environmentally Sensitive
Area refers to natural areas containing wetlands, aquifer recharge areas,
headwater areas, etc. An environmental impact study is to be undertaken by the
Region at the expense of the applicant where development is proposed in
proximity to environmentally sensitive areas. Ecological Services for Planning
completed such a study in August of 1994.
5.2 Within the former Town of Newcastle Official Plan the subject lands are located
within neighbourhood 3A of the Courtice Urban Area. The subject lands are
designated Residential Area with indications of Environmental Sensitivity. The
plan requires an Environmental Impact Analysis be undertaken for lands identified
as such. The application would appear to conform.
5.3 Within the Council adopted Clarington Official Plan the subject property is
designated Urban Residential within the Highland (No. 4) neighbourhood. Map
C, Natural Features and Land Characteristics, identifies the site to be within the
Lake Iroquois Beach and therefore requires an Environmental Impact Study be
undertaken in conjunction with a development application. ....4
REPORT NO. PD -51 -96 PAGE 4
6 ZONING BY -LAW POLICIES
6.1 The subject properly is zoned "Urban Residential Type One - Holding ((H)R1) ",
"Agricultural (A)" and "Environmental Protection (EP) ". The EP zone is associated
with a natural drainage ditch which is proposed to be piped as part of this
development. The balance of this water course was piped as part of the
Kassinger subdivision. The R1 zone would not accommodate some of the single
family dwelling lots, due to insufficient lot frontage and area. The Agricultural
zone does not permit urban residential development. Rezoning is necessary to
accommodate the proposed subdivision.
7 AGENCY COMMENTS
7.1 In accordance with departmental procedure the subject application was circulated
to a number of agencies and departments for comment. The following
departments and agencies advised that they have no objection to the application
as proposed:
• Fire Department
• Separate School Board
• Bell Canada
7.2 Clarington Public Works Department Engineering Staff provided no objection to
the application, subject to a number of conditions of approval. The conditions
provided include a request for dedication of 0.3 metre reserves, removal of the
existing temporary turning circle on George Reynolds Drive prior to issuance of
a building permit and ensuring all services are installed to the satisfaction of the
Director of Public Works. The comments advised that a portion of this subdivision
will drain into an existing storm water detention pond. As a result the applicant
will be required to contribute an appropriate share of the as constructed cost of
the storm water detention pond. In addition, the applicant's engineer is required
to prepare a lot grading and drainage plan detailing the configuration of the
....5
M:
REPORT NO. PD -51 -96 PAGE 5
on -site storm sewer system and the conveyance of the overland flow from this
subdivision. Lastly lots 1 to 5 inclusive and block 23 can not develop until a
complete road connection is made to through the lands to the south.
7.3 The Public Works Department Parks Division advised that they have no objection
to proposal subject to a 5% cash payment in -lieu of park land dedication.
7.4 Ministry of Natural Resources Staff advised that they reviewed the engineering
work prepared in support of the application, in consideration of the small size and
infill nature of the application, Ministry staff indicated no objection to Draft
Approval subject to conditions.
7.5 Central Lake Ontario Conservation Authority Staff reviewed D. G. Biddle and
Associates 'Preliminary Report to Address Environmental and Water Resource
Concerns' and 'Supplemental Stormwater Management Investigation Report'
submitted in support of the subdivision application, as well as the Environmental
Impact Study prepared by Ecological Service for Planning. Authority Staff
generally agree with the recommendations contained in the reports, and have no
objection to the application subject to incorporation of specific hydrogeologic
impact mitigation measures.
7.6 The Public School Board provided no objection to the proposed Plan of
Subdivision subject to the inclusion of sidewalks on the proposed streets
connecting to Firwood Avenue,
7.7 Regional Works Staff have indicated that municipal water and sanitary sewers are
available for lots 6 to 19 and Blocks 20 & 21 on George Reynolds Drive.
Servicing of lots 1 to 5 is delayed until either full service are available to the south
or to the north and easterly towards Trulls Road. They have no objection to the
application subject to conditions of approval.
L•
REPORT NO. PD -51 -96 PAGE 6
7.8 Ministry of the Environment and Energy provided comments on the initial version
of the proposed plan of subdivision. Their comments advised that although they
have no objection to the application, the Municipality has experienced well
interference in the past due to the construction of services. It may be desirable
to conduct a well inventory to examine the severity of groundwater impacts.
8 STAFF COMMENTS
8.1 The subject lands are located in north Courtice, in an area identified as being
environmentally sensitive. As a result of the number of development proposals
located in this area, Ecological Service for Planning Ltd, was retained by the
Durham Planning Department to conduct an Environmental Impact Study for the
north Courtice area.
8.2 The Environmental Impact Study identified the general area west of Trulls Road
and north of George Reynolds Drive as having a high water table and being a
potential recharge area with a moderate level of sensitivity. The high water table
is a major component of the ground water system which in turn supplies baseflow
to the Farewell and Black Creeks. These creeks support coldwater fisheries
sensitive to changes in quantity and quality of baseflow entering the system.
Development in the area must provide mitigation measures to maintain baseflow
and ensure best possible quality of water entering the ground water system.
8.3 The report recommended that measures should be taken to minimize impacts to
groundwater recharge and the shallow ground water table. Impacts are
considered to include water table lowering and changes to shallow ground water
flow systems, interference with shallow ground water supplies and impairment of
ground water quality.
8.4 In addition to the work done by Ecological Services for Planning, D. G. Biddle
....7
550
REPORT NO. PD -51 -96 PAGE 7
& Associates prepared a Preliminary Report to Address Environmental and Water
Resource Concerns for two plans of subdivision. This report provides storm water
management techniques to mitigate potential for lowering of the water table and
decrease in recharge. The recommendations of this report have been supported
by the Conservation Authority and the Public Works Department, Engineering
Division. Recommendations from these reports have been included in the
conditions of draft approval contained in Attachment No. 2, hereto.
8.5 There are a total of five development applications on the lands north of George
Reynolds Drive, south of the current urban boundary, between Trulls Road and
Farewell Creek. In consideration of transportation and land use issues of this
component of the neighbourhood, a development concept plan was requested
and prepared. The concept plan identifies road network, and locations for a
school block and a storm water management facility. The application is
consistent with the neighbourhood concept plan.
8.6 In November 1989, Council adopted a resolution which stated no decisions would
be made on applications in Courtice "... north of Nash Road pending the results
of the Needs Study for the Adelaide Ave extension and any subsequent Route
Alignment Study ". As a result of this resolution, development approval has been
frozen for the past six (6) years. During this time, studies and reviews undertaken
as part of the Clarington Official Plan background exercise for the areas have led
staff to conclude that the subject proposed Plan of Subdivision would not be
impacted by the future Adelaide Avenue alignment.
8.7 The application proposes 10 single family dwelling units and 18 semi-
detached /linked units for a total of 28 units. The proposed units are part of a
larger neighbourhood which incorporates a range of housing style and form. This
application would be considered in conformity with the Housing Policies as
contained in the Provincial Set of Comprehensive Policy Statements. ....8
551
REPORT NO. PD -51 -96 PAGE 8
8.8 On April 2, 1990, the Public Meeting date for the subject application, Council
heard a total of three (3) Public Meetings for Kingsberry Properties. Two of the
properties, including the subject land were located on the west side of Trulls
Road, the other was on the east side of Trulls Road, all north of George Reynolds
Drive. After hearing two delegations speak to the removal of vegetation on the
three properties, Council adopted the following resolution:
"THAT Reports PD- 113 -90, PD- 1144 -90 and PD- 115 -90 be received and
referred back to staff for the preparation of a report which addresses the
delegations' concerns pertaining to removal of vegetation from the subject
lands."
8.9 The Public Meeting report for the subject lands was PD- 113 -90. The matter of
vegetation removal has been reviewed by both Planning Staff and By -law
Enforcement Staff. The Region of Durham Tree Cutting By -law did not come into
effect until September 18 1990. As a result of the tree cutting having taken place
prior to the By -laws being enacted, no legal action could be taken in this
situation.
9 CONCLUSION
9.1 In consideration of the submissions received from the different Departments and
agencies circulated to for comments, and based on the comments contained
within said report, it is recommended that the application for proposed plan of
subdivision be approved subject to the conditions of draft approval contained in
Attachment No. 2 hereto.
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REPORT NO. PD -51 -96 PAGE 9
Respectfully submitted,
r`
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
CP *FW *cc
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Attachment No. 1 - Key Map
Attachment No. 2 - Proposed Conditions of Draft Approval
Attachment No. 3 - Zoning By -law Amendment
March 22, 1996
Interested parties to be notified of Council and Committee's decision:
Kingsberry Properties Ltd.
P. O. Box 11
319 College Avenue
Oshawa, Ontario
L1 H 7K8
Evylin Stroud
89 Little Avenue
Bowmanville, Ontario
UC 1J9
D.G. Biddle & Associates Ltd.
96 King Street East
Oshawa, Ontario
L1 H 1136
Ann Cowman
55 Darlington Blvd
Oshawa, Ontario
UK 1 Al
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T -90004 prepared by D. G.
Biddle & Associates Limited dated revised August, 1993 as per the attached plan
showing 10 lots for single family dwellings and 9 lots for semi - detached or linked
dwellings (18 units), and blocks for future development and 0.3 m reserve.
FINAL PLAN REQUIREMENTS
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 qualified Engineer to prepare and submit a Hydrogeologist
Report to the Director of Planning and Development to demonstrate that the proposed
development will not adversely impact the existing wells in the surrounding areas.
6. 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.
The Plan must detail the configuration of the on -site storm sewer system (minor system)
and the conveyance of the overland flow (major system) from this subdivision. The Plan
must also identify the size of the watershed area contributing to the Kassinger Pond. All
plans and drawings must conform to the Municipality's Design Criteria as amended from
time to time.
IN
7. 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.
8. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree
to abide by all terms and conditions of the Municipality's standard subdivision
agreement, including, but not limited to, the requirements that follow.
9. That all easements, road widening, and reserves as required by the Municipality shall be
granted to the Municipality free and clear of all encumbrances.
10. That the Owner shall pay to the Municipality at the time of execution of the subdivision
agreement, five percent (5 %) cash -in -lieu of parkland dedication for residential
development.
11. That the Owner shall pay to the Municipality, the development charge in accordance to
the Development Charge By -law as amended from time to time, as well as payment of
a portion of front end charges pursuant to the Development Charge Act if any are
required to be paid by the owner.
12. That the Owner shall provide and install sidewalks, street lights, temporary turning circles
etc. as per the Municipality's standards and criteria.
13. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be
buried underground.
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14. 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.
15. That the Owner shall adhere to architectural control requirements of the Municipality.
16. That prior to the issuance of building permits, the Owner shall, through its acoustic
engineer, to provide a certification to the Director of Planning, certifying that the Builder's
plans are in accordance with the Noise Control Report as approved by the Ministry of
the Environment and the Municipality of Clarington.
17. 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.
18. 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.
19. That the applicant supply on disk, in a CAD format acceptable to the Municipality a copy
of the proposed Plan of Subdivision as Draft Approved.
W
557
-4-
20. Prior to the issuance of building permits, the applicant must provide for the removal of
the existing temporary turning circle on George Reynolds Drive, located immediately to
the west of this draft plan. The applicant must reconstruct the road to urban standard,
including asphalt paving, curb and gutter, boulevard sodding, sidewalks, street lighting
and street trees.
21. The applicant will be required to contribute an appropriate share of the as constructed
cost of the storm water detention pond located in registered plan of subdivision 10M-
809. The amount of the required financial contribution will be determined based on the
land area of the applicant's holdings which lie within the subject watershed, in relation
to the total land area of the watershed. The financial contribution will also be determined
based on the provisions outlined on Schedule "P" of the subdivision agreement for
registered plan of subdivision 10M -809, and the final amount will be determined at the
sole discretion of the Director of Public Works.
22. The applicant will not be permitted to proceed with registration of those portions of the
draft plan which contain Lots 1 -5 and Block 23, until such time as a road connection
through the lands to the south, in a manner satisfactory to the Director of Public Works
is provided.
23. That the developer assumes responsibility, financial or otherwise, for the cost of
constructing the road abutting Block 23 and any associated costs for the connection to
the existing road network, in a manner satisfactory to the Director of Public Works.
24. That the storm water management techniques identified and recommended in
"Preliminary Report to Address Environmental and Water Resource Concerns ", prepared
by D. G. Biddle & Associates, dated February 1995, to mitigate potential for lowering of
the water table and decreases in recharge be incorporated in the engineering design of
the plan of subdivision to the satisfaction of the Director of Public Works.
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
25. That the applicant satisfy all the conditions of the Northumberland Clarington Public
School Board financially or otherwise.
26. That the applicant satisfy all the conditions of the Central Lake Ontario Conservation
Authority financially or otherwise.
27. That the applicant satisfy all the conditions of the Ministry of Natural Resources
financially or otherwise.
28. That the applicant satisfy all the conditions of the Region of Durham Works Department
financially or otherwise.
29. That the applicant satisfy all the conditions of Bell Canada financially or otherwise.
559
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 96-
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 has recommended
approval to the Region of Durham of proposed Plan of Subdivision 18T- 90004.
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 to implement the proposed
Plan of Subdivision.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "4" to By -law 84 -63 as amended, is hereby further amended by changing the zone
designation from:
"Environmental Protection (EP) to "Urban Residential Type Two - Holding ((H)R2) ";
"Environmental Protection (EP) to "Urban Residential Type One - Holding ((H)R1) "; and
"Agricultural (A) to "Urban Residential Type Two - Holding ((H)R2) ".
as shown on the attached Schedule "A" hereto.
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 1996.
BY -LAW read a second time this day of 1996.
BY -LAW read a third time and finally passed this day of 1996.
MAYOR
CLERK
561
This is Schedule "A' to By —law 96— $
passed this day of , 1996 A.D.
LOT 31
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ZONING TO REMAIN "(H) R1
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0 ZONING CHANGE FROM "EP" TO "(H)R2"
Mayor Clerk
562