HomeMy WebLinkAboutPD-14-95THE CORPORATION OF THE MUNICIPALITY OF CLARINGTOyNN
DN: 18T88060.GPA
REPORT
Meeting: General Purpose and Administri
Date: Monday, February 20, 1995
Report #: PD -14 -95 File #: 18T -88060
Subject: PROPOSED PLAN OF SUBDIVISION
PART LOTS 29 & 30, CONCESSION
FILE: 18T -88060
Recommendations:
ition Committee File # 12 Zr , 5_f -
Res. #Cz2 l) - �( Cl - 5
Sy -Law #
- RICHARD H. GAY HOLDINGS LTD.
21 FORMER TOWNSHIP OF DARLINGTON
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -14 -95 be received;
2. THAT application for a proposed Plan of Subdivision submitted by
G. M. Sernas & Associates Ltd on behalf of Richard H. Gay
Holdings Ltd. be APPROVED subject to the conditions contained in
attachment No. 1 hereto;
3. 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 subdivision agreement has been
finalized to the satisfaction of the Director of Public Works
and the Director of Planning and Development;
4. THAT the "H"'c- Holding Symbol be removed by by -law at such time
the applicant has entered into a subdivision agreement with the
Municipality;
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: Richard H. Gay Holdings Ltd.
1.2 Agent: G. M. Sernas & Associates
1.3 Subdivision to permit the development of 1 single and 40
semi - detached /link units and a 0.695 ha future
development block.
1.4 Land Area: 3.192 ha
THIS B PRIMED OR RECYCLED PAPER
....2
REPORT NO. PD -14 -95 PAGE 2
2. LOCATION
2.1 The subject property is located in Part Lot 29 and 30 Concession
2, former Township of Darlington. The property is located on
the south side of Highway No. 2 (King Street) between Trulls Rd.
and Courtice Rd. Municipally the property is known as 1687,
1697 and 1701 Highway No. 2 (King Street) in Courtice.
3. BACKGROUND
3.1 Application for proposed Plan of Subdivision was originally
forwarded to the Municipality for comment by the Durham Region
Planning Department in August of 1988. The original submission
was for 9 single family dwelling units and 36 semi-
detached /linked units, for a total of 45 units. It also
contains a commercial block which is now revised as a future
development Block.
3.2 The subject property is currently zoned 11((H)R1) Holding -Urban
Residential Type One ". The current zoning would permit the
development of both the proposed single family dwelling unit as
well as the semi - detached /link units proposed, subject to the
removal of the holding (H) symbol. The applicant has filed a
rezoning application for the removal of the holding (H) symbol,
however, the lifting of the "H" symbol will not be granted until
such time an agreement for the proposed plan of subdivision has
been executed.
3.3 The lands subject to the residential development currently house
a metal shed and include an area which has been used by Gay
Construction Ltd. as a storage yard.
4 EXISTING AND SURROUNDING USES
4.1 The existing site is currently occupied with a one and half
storey brick house located on the future development block. As
well there is a frame garage and a large metal shed which the
applicant has indicated will be removed to allow for the
residential development. ....3
5 1 6
REPORT NO. PD -14 -95 PAGE 3
4.2 Surrounding land uses are as follows:
South: vacant wooded lands subject to development
applications and further south is the Fieldstone
subdivision;
East: existing residential fronting on Highway No. 2 and
lands contained within the Courtice Crossings
subdivision;
North: Highway No. 2, two existing residential dwellings and
the Black Creek and associated valley lands; and
West: existing residential fronting on Highway No. 2 and
vacant wooded lands subject to development
applications.
5 OFFICIAL PLAN POLICIES
5.1 Within the Durham Regional Official Plan the subject property is
designated Living Area. The policies of the Living Area
designation encourage communities to incorporate the widest
possible variety of housing types, sizes and tenure to provide
living accommodations that address various socio- economic
factors. The application would appear to conform.
5.2 Within the former Town of Newcastle Official Plan the subject
property is designated Residential. The polices of the
residential designation are similar to those of the Living Area
requiring a range of housing types, sizes, prices and tenure.
5.3 The subject lands are contained within neighbourhood 2C of the
Courtice Urban Area. The proposal allows for a north -south
collector road to intersect with Highway No. 2 as per Schedule
6 -4. Furthermore, the 41 units and approximately 120 people
expected from this development conform to the 2500 person
population target.
6 AGENCY COMMENTS
6.1 In accordance with departmental procedure the subject
} ....4
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REPORT NO. PD -14 -95 PAGE 4
application was circulated to a number of agencies and
departments for comments and possible conditions of approval.
The Municipality's Fire Department, the Peterborough Victoria
Northumberland and Clarington Separate School Board, and the
Northumberland and Clarington Public School Board provided no
objection to the proposal.
6.2 The Municipality of Clarington Public Works Department reviewed
the application and advised they have no objection to the
proposal in principle subject to conditions of approval. The
applicant must ensure that all works and services are designed
and constructed in accordance with the Municipality's design
criteria. Streets A, B and C shall be constructed with the
provision for all future service connections to the abutting
developments. Temporary turning circles shall be provided at
the east terminus of streets B and C and that lots 4, 5, 6, 7,
16, and 17 shall be frozen from building permits until such time
as the streets are extended to the east. The storm drainage
works, erosion protection works or any other works deemed
necessary by the Director of Public Works for this plan of
subdivision shall be constructed in accordance with the Robinson
Creek Drainage Study. The applicant must provide the Public
Works Department with a Stormwater Implementation Report for the
sequential development of the stormwater management works
necessary for the watershed. The development of this plan may
only proceed at such time as the expenditure of funds for the
installation of street lights and sidewalks on Highway No. 2
(King Street) have been approved by the Municipality. In
addition to these comments Public Works Staff provided a number
of comments and conditions to be incorporated in the approval.
6.3 Community Services advised that there is no parkland
requirement for this development. Conditions of draft approval
on surrounding plans of subdivision (18T -87092 and 18T- 90010)
required the dedication of the entire park block to the
....5
REPORT NO. PD -14 -95 PAGE 5
Municipality prior to issuance of 50% of the building permits
for the first development within the neighbourhood. The park
block was fragmented between three ownerships, and although this
application does not contribute to the park block, proposed plan
of subdivision 18T -90022 over - contributed to the park block an
amount equivalent to this applications five percent calculation.
In lieu of this over dedication, the proponent of this plan is
to transfer blocks 22, 23 and 25 to the adjacent landowner as
compensation.
6.4 Regional Works advised that full municipal services can be
extended to the site. The Works Department provided a number of
conditions of approval relative to the application.
6.5 Central Lake Ontario Conservation Authority provided no
objection to the application subject to conditions of draft
approval. Authority Staff previously noted concerns with the
wetland and vegetative cover that impacts part of the property.
As a result of previous approvals on adjacent lands, a report
was presented to the Authority's Board for direction on the
protection of the wetland. The Board adopted a resolution for
the Authority not to pursue protection of the remaining wetland
areas and for staff to provide conditions of draft approval for
the subject application.
6.6 The Ministry of Natural Resources have advised they have no
objection to draft approval subject to conditions. They noted
that unless there is proper stormwater management techniques and
erosion and sedimentation control measures are employed on site
both during and after construction, negative impact on the
downstream water quality as it relates to fish and their habitat
could result. Their proposed conditions of approval address
this issue.
6.7 The Ministry of Transportation had provided comments with
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_519
REPORT NO. PD -14 -95 PAGE 6
respect to the proposal. The Ministry regarded the location of
street A onto Highway No. 2 as being acceptable, although
conditions of approval for the application were provided.
However, they are no longer the road authority in question.
Verbal discussions with Regional Works Staff indicate that it is
their intent to assume prior commitments of the Ministry with
respect to new roads and access points, wherever possible.
6.8 The Ministry of the Environment and Energy identified a concern
with respect to potential soil contamination as a result of the
present use of the site as a construction storage yard. In
addition, they also voiced concerns with respect to impact of
traffic noise for the future residential development. In this
regard, studies with respect to soil contamination were prepared
in 1990 and 1991 and forwarded to the Ministry for review and
approval. The report determined that the lands did not have
unsafe levels of soil contamination and that development of the
site could proceed, following a clean -up of the construction
debris. With respect to the concern of noise, a noise study was
prepared by the consultant advising that the noise from Highway
No. 2 would be mitigated within Ministry guidelines. The
Ministry of the Environment and Energy concurrence is required
with respect to the study findings, and their conditions of
approval with respect to the consultants reports will be
implemented through the subdivision agreement.
7 STAFF COMMENTS
7.1 The current proposal is for a total of 41 units on 3.159 ha.
Staff is satisfied that the application complies with the local
official plan requirements for density, furthermore it provides
for the required transportation linkages to Highway No. 2.
7.2 The road pattern for this development have been largely pre-
determined through the approval of adjacent plans to the east.
The subject application provides a complimentary lot size to the
adjacent approved plans, while limiting direct access to street
A, the proposed collector road, .... 7
J�0
REPORT NO. PD -14 -95 PAGE 7
7.3 Staff have made some minor revisions to the draft plan through
the inclusion of various 0.3 m reserves. These blocks have been
included for the purposes of limiting access to street "A ".
8 CONCLUSION
8.1 In consideration of the comments contained herein and the
conditions of approval contained within Attachment No 1. hereto,
Staff recommends the application be approved to permit the
development of 41 residential units.
Respectfully submitted,
n
Franklin Wu, M.C.I.P.
Director of Planning
and Development
CP *FW *cc
Attach.
Reviewed by,
W. H. Sto kwell
Chief Administrative
Officer
February 10, 1995
Interested parties to be notified of Council and Committee's decision:
G.M. Sernas & Associates Richard H. Gay Holdings Limited
110 Scotia Court, Unit 41 103 Athol Street East
WHITBY, Ontario L1N 8Y7 OSHAWA, Ontario L1H 1J8
Leann Muir Gail Fletcher
Group 9, Box 37 1681 Highway No. 2
R.R. 6, COURTICE, Ontario h1
BOWMANVILLE, Ontario L1C 3K7
Mrs. C. Bosy
R.R. 6,
BOWMANVILLE, Ontario L1C 3K7
.. t
1:7wi\k, 1101-4���I�C
1. That this approval applies to draft Plan of Subdivision 18T -88060 prepared by G.M.
Sernas dated (revised) February 1995 (and further revised in red as per the attached
plan) showing one lot for a single family detached dwelling, 20 lots, 40 units for
semi - detached or linked dwellings, and various blocks for future development,
reserves, site triangle etc.
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 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 and drainage plan that details the configuration of the
on -site storm sewer system (minor system) and conveyance of overland flow (major
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N
• • .. ! •
system) from this site, satisfactory to the Director of Public Works for review and
approval. All plans and drawings must conform to the Municipality's Design Criteria
as amended from time to time.
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.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
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 Town shall be
granted to the Town free and clear of all encumbrances.
10. That the Owner shall pay to the Municipality, at the time of execution of the
Subdivision Agreement, development charge levy and any other charges in effect at
the time of execution and further agrees to abide by the Municipality's payment
schedule as amended from time to time.
11. That the Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria.
12. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to
be buried underground. That the applicant assumes all costs for provision,
installation and location of Community Mailboxes to service this subdivision, in a
manner satisfactory to the Director of Public Works.
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523
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13. That the Owner shall provide the Municipality, at the time of execution of the
subdivision agreement, 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.
14. That prior to the issuance of building permits, the Owner shall retain an architect to
prepare and submit an Architectural Control Plan to the Director of Planning and
Development. The architect shall further certify that the said Plan has achieved the
objectives of providing: a variety of housing style; attractive streetscape treatment;
harmony of colour, style and exterior materials used, etc.
15. 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.
16. 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.
17. That the construction of Streets "A ", "B" and "C" shall be constructed with the
provision of all service connections for the abutting future developments
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ri 101111i 11 WIM611101,111101
18. That temporary turning circles be provided at the east terminus of Street "B" and
Street "C" and that Lots 4, 5, 6, 7, 8, 16 and 17 be frozen until such time that Streets
"B" and "C" are extended to the east and finished urban roads, including asphalt
paving, curb and gutter, sodded boulevard, and sidewalks and street lighting where
applicable, have been constructed abutting these lots.
19. That Street "A ", south of Street "C" be fully constructed to an urban road standard,
including asphalt paving, curb and gutter, sodded boulevard and sidewalk and street
lighting where applicable.
20. That approval of the proposed entrance onto Highway # 2 be obtained from the
Region of Durham Works Department and submitted to the Director of Public Works
for his review.
21. That the storm drainage works, erosion protection works or any other works as
deemed necessary by the Director of Public Works for this plan of subdivision are
constructed in accordance with the "Draft" Robinson Creek Master Drainage Study,
dated January 1991 and the "Draft" Black Creek Master Drainage Study, dated May
1991, both prepared by G. M. Sernas and Associates Ltd., and as finally approved
by the Director of Public Works.
22. That the applicant provide the Public Works Department with a Stormwater
Management Implementation Report which provides for the sequential construction
of the stormwater management works necessary for the entire watershed and
addresses the impacts of developing this plan of subdivision in the absence of the
balance of the watershed. This report shall be subject to the approval of the Director
of Public Works.
...5
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23. That the development of this plan of subdivision proceeds at such time that the
Municipality has approved the expenditure of funds for the provision of the installation
of street lighting and sidewalks on Highway # 2 and any external works or services
which have been included in the Municipality's Development Charge By -law and have
been deemed necessary by the Director of Public Works to service this development.
24. That the development agreement which the applicant shall enter into with the
Municipality shall contain a "Staging Plan" and all necessary provisions that will
control the sequential development of this subdivision in conjunction with the
installation of street lighting and sidewalks on Highway # 2 and any external works
or services necessary to service this development, to the satisfaction of the Director
of Public Works.
25. That the applicant provide the Municipality in CAD format a copy of the proposed
plan of subdivision as Approved.
26. That the developer satisfy the requirements financial and otherwise of Central Lake
Ontario Conservation Authority.
27. That the developer satisfy the requirements financial and otherwise of Ministry of
Natural Resources.
28. That the developer satisfy the requirements financial and otherwise of the Ministry of
the Environment and Energy.
29. That the developer satisfy the requirements of the Region of Durham Works
Department.
526
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