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HomeMy WebLinkAboutPD-48-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: KIDDIC.QPA REPORT Meeting: General Purpose and Administration Committee File Date: Monday, April 1, 1996 _n Res. # =_ l Report #: PD -48 -96 File #: 18T -89022 By -law # APPLICANT: Subject: PROPOSED PLAN OF SUBDIVISIO,l I DD • -• INVESTMENTS LTD. PART LOT 31, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTOK (NORTH OF GEORGE REYNOLDS DRIVE AND WEST OF TRULLS ROAD) ..0 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -48 -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 Ave. extension; 3. THAT the proposed Plan of Subdivision 18T -89022 revised and dated August 1993, as per Attachment No.1, 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 a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department; and 6. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Kiddicorp Investments Ltd. 1.2 Agent: 1.3 Subdivision: 1.4 Land Area: D. G. Biddle & Associates Ltd. proposing to create 13 - 18.0 m semi - detached /link dwelling lots (26 units) 1.518 ha (3.75 acres) 519 W REPORT NO. .D .6 PAGE 2 • e 2.1 The subject property is located in Part Lot 31, Concession 3, former. Township of Darlington. The subject lands are located north of George Reynolds Drive and west of Trulls Road. 3. BACKGROUND 3.1 The subject application was received by the Municipality of Clarington Planning and Development Department on March 29, 1989. In the original application the land parcel had an east - west orientation, including part of George Reynolds Drive. The application was for 10 semi - detached /link lots and 10 blocks which formed part of 10 additional semi - detached link lots. The applicant, and owner of adjacent lands (18T- 90004), applied through Land Division to alter 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. 4.2 Surrounding land uses are as follows: South: residential development; 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 ....3 520 REPORT NO. PD -48 -96 PAGE 3 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. 6 ZONING BY -LAW POLICIES 6.1 The subject property is zoned "Urban Residential Type One - Holding ((H)R1) ". The subject zoning would permit the development of both single family dwellings and semi - detached /link dwellings, subject to lot frontage and area requirements. The (H) Holding symbol must be removed prior to any development occurring. The applicant has filed an application for removal of the Holding (H) symbol. 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: 521 ...4 REPORT NO. PD -48 -96 PAGE 4 Fire Department • Ministry of the Environment 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, freezing lots from building permit availability where they abut the temporary turning circle and ensuring all services are installed to the satisfaction of the Director of Public Works. The comments advised that a portion of this subdivision may 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. Lastly, the applicant's engineer is required to prepare a lot grading and drainage plan detailing the configuration of the on -site storm sewer system and the conveyance of the overland flow from this subdivision. 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 the subject lands drain to the Farewell Creek which has been identified as supporting a coldwater fisheries resource. Upon review of the applicant's supporting documentation, 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 ....5 522 REPORT NO. PD -48 -96 PAGE 5 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 on George Reynolds Drive. They have no objection to the application. 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 W 523 REPORT NO. PD -48 -96 PAGE 6 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 & 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 int 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 patterns, 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 in the affected areas for the past 6 years. During this time, studies and reviews undertaken as part of the Clarington Official Plan background for the area have allowed staff to reach the conclusion that the subject proposed subdivision would not be impacted by the future Adelaide Ave. alignment. ....7 524 REPORT NO. PD -48 -96 PAGE 7 8.7 The application proposes 26 semi - detached /link units. The proposed units are part of a larger neighbourhood which provides 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. 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. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., W. H. Stockwell Director of Planning Chief Administrative and Development Officer CP *FW *cc Attachment No. 1 - Key Map Attachment No. 2 - Proposed Conditions of Draft Approval March 22, 1996 Interested parties to be notified of Council and Committee's decision: Kiddicorp Investments Ltd. 1748 Baseline Road Group 10, Box 7 Courtice, Ontario L1 C 3K3 Mr.& Mrs. Fusco 320 Humberline Ave Oshawa, Ont L1 J 2T3 D.G. Biddle & Associates Ltd. 96 King Street East Oshawa, Ontario L1 H 1 B6 Brian Knapp 200 Bridge Toww Circle Unit 36 Scarborough, Ont. M1 W 2Y9 525 ATTACHMENT #1, tD26 • • ill • �.• • • PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T -89022 prepared by D. G. Biddle & Associates Limited dated revised August 1993 as per the attached plan showing Lots 1 to 13 inclusive for semi - detached or linked dwellings (26 units), and a block for 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. 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. 5 2% EVA -2- • ! • ] ki RX41 o • - •� REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D) 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. • IF • • 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. ...3 -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 529 -4- REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 20. A temporary turning circle is required at the terminus of the proposed street. Lots 6 and 7 will remain frozen until such time that the roadway is extended and constructed to a finished urban roadway including Regional services, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees and street lighting, for the entire frontage width abutting the "frozen" lots. 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. 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. 23. That the applicant satisfy all the conditions of the Northumberland Clarington Public School Board financially or otherwise. 24. That the applicant satisfy all the conditions of the Central Lake Ontario Conservation Authority financially or otherwise. 25. That the applicant satisfy all the conditions of the Ministry of Natural Resources financially or otherwise. ...5 530 -5- 26. That the applicant satisfy all the conditions of the Region of Durham Works Department financially or otherwise. 27. That the applicant satisfy all the conditions of Bell Canada financially or otherwise. Tl O5 z SO LL > P., <j o z co CL �- Y !! I i � Nil :D 0 (f) co gh Lij w LL 2 i LL —j 3 1. (f) z u �'Hj' . I I;, I . I i —0 21 zn'g ' > Cl LL u LjJ 6 z E M tiew r CL 7RULLS ROAD Ll /7 (D 1 9Z8 I U) LL rl tn -A I I :Z: CL: PL ---------- I-- c" -M NV 7d 03131SID3Y ATTACHMENT #2