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)
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
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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.
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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
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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
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This is Schedule to : • • •
passed this day of 1996
A.D.
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