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HomeMy WebLinkAboutPD-66-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: 18T89118.GPA REPORT Meeting: General Purpose and Administration Committee Date: Monday May 6, 1996 Report #: PD -66 -96 File #: 18T -89118 (X -REF: DEV 89 -095) �a File # . 0,� -'s Res. # - v `l ` to By -law # 9,L ",� Subject: PROPOSED PLAN OF SUBDIVISION - WELLESLEY COMMUNITY HOMES INC. PART LOT 31, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON (GEORGE REYNOLDS DRIVE, WEST OF TRULLS ROAD) FILE: 18T -89118 (X -REF DEV 89 -095) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -66 -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 -89118 revised and dated April 1996, as per Attachment No. 2, be APPROVED subject to the conditions of Draft Approval contained in this Report; 4. 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; 5. THAT the attached amendment to By -law 84 -63 be APPROVED and that the "Holding (H)" symbol be removed by By -law upon execution of a Subdivision Agreement; 5. THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department; and 6. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 2 s REPORT • PD-66-96 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant: Wellesley Community Homes Inc. 1.2 Agent: G. M. Sernas & Associates Ltd. 1.3 Rezoning: from "Holding - Urban Residential Type One ((H)R1", "Agricultural (A)" and "Environmental Protection (EP)" to an appropriate zone to permit the proposed Plan of Subdivision containing a total of 68 units. 1.4 Subdivision: proposing to develop 34 semi - detached /link dwelling lots, 68 units. 1.5 Land Area: 3.49 ha (8.6 acres) 2. LOCATION 2.1 The subject property is located in Part Lot 31, Concession 3, former Township of Darlington. The subject lands front on the west side of Trulls Road, north of George Reynolds Drive. 3. BACKGROUND 3.1 Applications for rezoning and neighbourhood plan amendment were received by the Municipality of Clarington Planning and Development Department in June of 1989. The proposed Plan of subdivision application was forwarded to the Municipality by the Region in January 1990. Public Meeting for the subject application was held December 4, 1989, no one spoke in opposition or in support of the application at that time. In the original application the land parcel was 3.69 ha. The applicant has since reduced the land area slightly, by severing approximately 0.2 ha, thereby reducing the land area to 3.49 ha. The severed portion was melded with lands to the south in proposed Plan of Subdivision 18T- 90004, WC3 569 REPORT PD-66-96 3.2 In support of the application an Environmental Appraisal was prepared and submitted in October of 1989. The report provided an ecological inventory of the property and identified potential environmental constraints associated with development of the site. In addition, the Region of Durham retained Ecological Services for Planning Ltd. to prepare an Environmental Impact Study for the north Courtice area, including the subject lands. 4 EXISTING AND SURROUNDING USES 4.1 The existing site is currently vacant. 4.2 Surrounding land uses are as follows: South: applications for draft approval and residential development fronting on George Reynolds Drive; East: Trulls Road and vacant land subject to applications for draft approval; 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. M 570 REPORT NO, PD -66 -96 PAGE 4 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. 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 neighbourhood (No. 4). 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. The work completed by the applicant's engineer and Ecological Services for Planning fulfils this requirement. 6 ZONING BY -LAW 6.1 The subject property is zoned "Urban Residential Type One - Holding ((H)111) ", "Agricultural (A)" and "Environmental Protection (EP) ". The "A" and "EP" zones require rezoning to permit urban residential uses. The EP zone is associated with a natural drainage ditch which is proposed to be piped underground as part of this development. The balance of this water course was piped underground as part of the Kassinger subdivision. The proposed lots would conform with the R1 zone. 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 • Ontario Hydro 571 ...5 REPORT NO. PD -66 -96 PAGE 5 7.2 Clarington Public Works Department, Engineering Staff, provided no objection to the application, subject to conditions of approval. The conditions provided include a request for dedication of a road widening on Trulls Road, sight triangles and 0.3 metre reserves. A temporary turning circle is required at the west terminus of Street A. This shall require lots 16 and 17 to be frozen from building permit availability until Street A is extended and all urban services constructed. 7.3 This subdivision is a tributary sub - watershed to the Kassinger Subdivision (10M- 809 and 10M -826). Stormwater management works, both major and minor, for this subdivision and surrounding watershed have been constructed through downstream developments and are subject to an agreement for oversizing. This plan of subdivision is a beneficiary of the oversized work and will be required to reimburse the downstream developer. 7.4 The developer's consultant has illustrated that this plan of subdivision is tributary to and originally designed to be accommodated in the Kassinger storm drainage system. However, a detailed analysis of the routing of the minor and major system flows through the Kassinger subdivision is required as a condition of approval. In the event that drainage constraints are identified, the developer will be responsible financial or otherwise to correct these drainage concerns to the satisfaction of the Director of Public Works. The applicants's engineer is required to prepare a lot grading and drainage plan detailing the conveyance of storm drainage. 7.5 The Public Works Department, Parks Division, advised that they have no objection to proposal subject to a cash payment in -lieu of park land dedication. 7.6 Ministry of Natural Resources Staff advised that they had reviewed the Environmental Appraisal prepared in support of the application. They advised that 572 the site is located in the Farewell Creek Watershed. Concern was expressed for the development of this site and the potential for detrimental impacts on the Farewell Creek a coldwater stream. Ministry staff support the recommendations contained in the Environmental Appraisal proposing to allow excess run -off to infiltrate in the ground system. As a result the Ministry supports the proposal subject to conditions of approval. 7.7 Central Lake Ontario Conservation Authority Staff reviewed the subdivision application and supporting documentation provided by the engineering consultant, as well as the Environmental Impact Study prepared by Ecological Service for Planning. Authority Staff verbally advised that they are satisfied there is surplus capacity in the Kassinger stormwater management pond to accommodate this development. It is noted that the applicant maybe responsible to install measures to correct any constraint in the drainage system. 7.8 The comments further noted that Authority Staff generally concur with the recommendations contained in the Environmental Reports. Among other site specific recommendations, the work completed by Ecological Services for Planning Ltd.. recommended that natural east -west corridors be provided to link fragmented woodlots. Specifically a corridor connecting the Farewell Creek and the Trulls Woods to the east should be accommodated in the vicinity of this application. In consideration of existing draft approvals on surrounding lands, Authority Staff suggest that the natural corridor be provided for in the area north of Adelaide Avenue. Conservation Authority Staff shall incorporate this condition in the requirements of the watershed study for the lands to the north. Lastly, it is required that the specific hydrogeologic impact mitigation measures be incorporated in the development of the subdivision. ...7 573 REPORT NO. PD -66 -96 PAGE 7 7.9 The Public School Board is supportive of a future school block to be located adjacent to the north west corner of this proposal, part of which has been included in this application. No objection was provided to the proposed Plan of Subdivision subject to the inclusion of sidewalks on the proposed streets. 7.10 Regional Works Staff have indicated that full municipal services are available to the site via extensions from existing watermain and sanitary sewer on Trulls Road. 7.11 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. The recommended Conditions of Draft Approval (5 & 18) address the issue of well interference. 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. 574 REPORT NO.: PD -66 -96 PAGE 8 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, Cambridge Engineering and Planning Consultants prepared an Environmental Appraisal. 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. 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 a 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 The subject lands abut Trulls Road which is a designated type B arterial in both the Durham Regional Official Plan, and the Council adopted Clarington Official Plan. Future traffic volume on this road may cause noise concerns to future residents. As a result, a condition has been imposed to require a noise report to be completed to the satisfaction of the Region of Durham and the Municipality prior to registration. EN 575 AEPORT NO.: PD-66-96 J 8.7 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 preparation 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. 8.8 The application proposes 34 semi - detached /linked lots (68 units), plus a block for part of a future Public Elementary School. 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. 8.9 Following Council resolution of January 29,1996, at which time the Courtice Neighbourhood Development Plans were repealed, there is no need to take further action on this application. 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. That the application for rezoning be approved and that the Neighbourhood Plan Amendment application be closed. ...10 576 REPORT NO.: PD-66-96 PAGE 10 Respectfully submitted, rranklin Wu, M.C.I P., R.P.P., Director of Planning and Development CP *FW *jip 30 April 1996 Reviewed by, Attachment No. 1 - Key Map Attachment No. 2 - Proposed Conditions of Draft Approval Attachment No. 3 - Zoning By -law Amendment Interested parties to be notified of Council and Committee's decision: G. M. Sernas & Associates 110 Scotia Court, Unit 41 WHITBY, Ontario L1 N 8Y7 Wellesley Community Homes Inc. 390 Bay Street, Suite 1710 TORONTO , Ontario M5H 2Y2 577 S • M O � W U Z O U (H) R� R� R1 . so .. mo 3001m som KEYMAP m:: .. • ATTACHMENT ,#`1 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION That this approval applies to draft Plan of Subdivision 18T -89118 prepared by G. M. Sernas & Associates Ltd,dated revised April 1996 as per the attached plan showing Lots 1 to 34 inclusive for semi - detached or linked dwellings (68 units), blocks for future development, road widening and 0.3 m reserve. 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. The applicant's engineer will be responsible to provide a Lot Grading and Drainage Plan that details the conveyance of storm drainage, both minor and mayor systems from this subdivision. In addition, this grading and drainage plan should specify the location of the storm connection and to which existing storm sewer the applicant proposes to connect. At such time that we receive this information, we may review it and determine the financial implications that this subdivision may have on the Municipality's By -law. Further comment may be necessary before final approval to deal with this matter. 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 submit a Noise Attenuation report to the satisfaction of the Region of Durham and the Municipality of Clarington. ....2 579 -2- • • e • • c� • 9. 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. 10. That all easements, road widening, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. 11. That the Owner shall pay to the Municipality, at the time of execution of the subdivision agreement, cash -in -lieu of parkland dedication for residential development. 12. 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. 13. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 14. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 15. 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. 16. That the Owner shall adhere to architectural control requirements of the Municipality. 17. 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 Region of Durham and the Municipality of Clarington. ...3 • -3- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION Ifl • • r :� • • 18. 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. 19. 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. 20. 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. 21. That additional 0.3 metre reserves are added along the flankage of Lots 4 -5, 13- 14, 21 -22 and 30 -31. 22. A temporary turning circle is required at the terminus of Street A. Lots 16 and 17 will remain frozen until such time that Street A is extended and constructed to a finished urban roadway including Regional Services, asphalt paving, curb and gutter, sodding boulevard, sidewalk, street trees and street lighting, for the entire frontage width abutting the "frozen" lot. 23. That this plan of subdivision, being sequential to the existing neighbourhood to the south, be serviced with a second access and a road connection at Street C, to George Reynolds. 24. That in order to complete the road network for this neighbourhood the developer endeavour to assemble the lands that are required for the extension of Street B, from Street A within this plan of subdivision, southerly to George Reynolds Drive, thereby. 25. That the developer of this plan of subdivision contribute an appropriate share of the cost of the downstream oversized stormwater management works located in registered plans of subdivision 1 OM -809 and 10M -826. The applicant's cost are outlined in the subdivision agreement for registered plan of subdivision 10M -809. • o in REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 26. That the developer's engineer prepare a detailed stormwater management analysis for the major and minor drainage systems for the entire Kassinger Pond tributary area. This analysis must address the nature in which the drainage can be accommodated and any deficiencies that may result or exist. This analysis shall be done to the satisfaction of the Director of Public Works. 27. That any drainage constraints or deficiencies identified in the stormwater management analysis will be totally the responsibility of the developer (financial or otherwise) to correct, to the satisfaction of the Director of Public Works. 28. That the storm water management techniques identified and recommended in "Environmental Appraisal Ellis Property" prepared by Cambridge Engineering and Planning Consultants, dated October 1989, 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. 29. That the applicant satisfy all the conditions of the Northumberland Clarington Public School Board financially or otherwise. 30. That the applicant satisfy all the conditions of the Central Lake Ontario Conservation Authority financially or otherwise. 31. That the applicant satisfy all the conditions of the Ministry of Natural Resources financially or otherwise. 32. That the applicant satisfy all the conditions of the Region of Durham Works Department financially or otherwise. 582 (7 TI -F -F z 0 �n I 11 1 1 I - �'i-t -1-t -I-t I' IIIII I IIIII I I I IIIII Ilill I m yy z 0 �n I 11 1 1 I - �'i-t -1-t -I-t I' IIIII I IIIII I I I IIIII Ilill I Y 583 C9 "n £C§ ,1j 4 f. F t Y A qt�iE I i i;ij, W Z si Y 583 ATTACHMENT #3 THE CORPORATION OF THE MUNICIPALITY OF CLARINCTON BY -LAW NUMBER 96- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipality of Clarington has recommended approval to the Region of Durham of draft Plan of Subdivision 18T- 89118. 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 Corporation of the Town of Newcastle to implement the proposed draft 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: "Agricultural (A)" to "Urban Residential Type One - Holding ((H)R1) "; "Environmental Protection (EP)" to "Urban Residential Type One - Holding ((H)R1)" 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 584 585 This is Schedule to : • • • passed this day of 1996 A.D. 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