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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) �Ia .l g 1, 9,GyJ04 -- 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. W] W 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. e WC] -3- - • 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. Wool -5- 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 TRULLS ROAD 1 , IL --- - - - --- - - - - - - - -0-L J .... ..... .... Ij ID �7- CL, ,Cu Cf) 7- (n 20 of ck I CD in -Y iu 9 0 Or7Y7d 03Y31'SI9311 560 fly z OZ Z 0 -_ A j 0 ,_� 5- z V1 f A F— W LL r V —j Z(—) (L C) LL 0- q m M LLI OJ I dl TRULLS ROAD 1 , IL --- - - - --- - - - - - - - -0-L J .... ..... .... Ij ID �7- CL, ,Cu Cf) 7- (n 20 of ck I CD in -Y iu 9 0 Or7Y7d 03Y31'SI9311 560 fly Z 0 te F— M f A 44 1 TRULLS ROAD 1 , IL --- - - - --- - - - - - - - -0-L J .... ..... .... Ij ID �7- CL, ,Cu Cf) 7- (n 20 of ck I CD in -Y iu 9 0 Or7Y7d 03Y31'SI9311 560 Z 0 te F— M f A LL > < q m LLI OJ LL —0 > — M W z & CL TRULLS ROAD 1 , IL --- - - - --- - - - - - - - -0-L J .... ..... .... Ij ID �7- CL, ,Cu Cf) 7- (n 20 of ck I CD in -Y iu 9 0 Or7Y7d 03Y31'SI9311 560 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 _1 -� -- - - -- ------------------ - - - - -- `r- - -�_ -- -- ---- _ - -� -- -- - - - -�. - - -- -- -DRAFT PLAN 187-89118 -- -- - - - -- . ------ --_ - -- - ----- - - -- -- - -- -- TURE kESIOENTIAL M 4oC 2s iaa; B 7 BL to _ _ � —_ •: >.. f: BR\AFT �LAI.1� 18-7, g Y BLK 6 ❑ J 4 El r^ 29 �\ \ / 52/ / / 3 J \ 30 4 I b 53/ / 5 1 \� O 55�5611 �� T /3 V 1 58 159 1 601 6/ 62 G5164 6 5F \ 4\ �— B U / / 7 5 5 4 2 ZONING TO REMAIN "(H) R1 ZONING CHANGE FROM 11 EP "(H)RI" ® ZONING CHANGE FROM "A" TO "(H)R2" 0 ZONING CHANGE FROM "EP" TO "(H)R2" Mayor Clerk 562