HomeMy WebLinkAboutPD-49-95nrr:isTaeoez.cPaTHE CORPORATION OF THE MUNICIPALITY OF CLRRINGTON
REPORT
Meeting: General Purpose and Administration Committee File #,L),")_ Id�'''�'
Date: Monday, May 15, 1995
Report #: PD-49-95
File #: 18T86062
Res. # C', 0 k -a
By -law #
Subject: SUBDIVISION APPLICATION - APPLICANT: JOST
REVISIONS TO DRAFT APPROVAL
PART LOT 9, CONCESSION 6, FORMER TOWNSHIP OF DARLINGTON
FILE: 18T86062
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -49 -95 be received;
2. THAT the proposed Plan of Subdivision 18T86062, revised and
dated December 1994, as per Attachment No. 4, be APPROVED
subject to the conditions contained in this Report;
3. THAT the Mayor and Clerk be authorized, by by -law, to execute
on behalf of the Municipality the release of the Subdivision
Agreement registered on title November 27, 1989, implementing
draft plan of subdivision 18T- 86062; and
4. THAT the Mayor and Clerk be authorized, by by -law, to execute
on behalf of the Municipality a new Subdivision Agreement
between the Owner and the Municipality of Clarington,
implementing draft plan of subdivision 18T- 86062, as revised,
at such time as the agreement has been finalized to the
satisfaction of the Director of Public Works and the Director
of Planning;
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: D. G. Biddle
1.2 Owner: Mrs. Jost
1.3 Subdivision: 9 residential lots for 9 single detached dwellings
1.4 Area: 4.12 hectares
2. LOCATION
2.1 The subject lands are located in Part of Lot 9, Concession 6,
....2
REPORT NO. PD -49 -95 PAGE 2
former Township of Darlington. The site can be further defined as
being located in the Hamlet of Tyrone, west of Clemens Road, south
of Concession Road 7.
3 BACKGROUND
3.1 In 1987, Staff Report (PD- 208 -87) recommending draft approval of an
eleven (11) lot plan of subdivision was forwarded to Committee and
Council for their consideration and approval. Committee and
Council supported Staff's recommendation and the Region of Durham
subsequently issued conditions of draft approval in February 1988.
3.2 Upon receiving draft approval, a subdivision agreement implementing
the conditions of approval, as issued, was entered into between the
Municipality and the Developer. This agreement was registered on
title on November 27, 1989.
3.3 Before registration of the plan of subdivision could take place,
the Developer is required to obtain a clearance letter from each of
the agencies stating how their respective conditions of draft
approval had been met. In that the municipality's subdivision
agreement contains all the conditions of draft approval, the
outside agencies would not issue their clearance letters until they
were provided a copy of the registered agreement, thereby ensuring
that their conditions of approval were included.
3.4 After the subdivision agreement was registered on title, the Owner
in attempting to obtain the clearance letter from the Ministry of
the Environment was advised that the number of proposed lots within
the plan of subdivision if developed would result in excessive
nitrate levels which may impair the quality of drinking water in
existing offside wells and may impair future groundwater use.
3.5 In consideration of the Ministry's comments, a revised plan of
subdivision was submitted reducing the number of residential lots
to nine (9) , but not changing the land area of the plan. This
change reflects a hydrogeological report which was prepared by
Gibson and Associates. .599 34 .... 3
REPORT NO. PD -49 -95 PAGE 3
3.6 Since that time, the applicant has been conversing with the
Ministry of the Environment to address their requirements and the
Plan that is before us today has been accepted by the Ministry of
the Environment.
4 EXISTING AND SURROUNDING USES
4.1 Existing Uses: agricultural land
4.2 Surrounding Uses:
East - vacant agricultural land subject to residential
development (18T90029)
West - agricultural land
South - agricultural land
North - existing residential
5 OFFICIAL PLAN POLICIES
5.1 The lands are designated "Residential Expansion" within the Hamlet
of Tyrone in the former Town of Newcastle Official Plan. Within
the Durham Region Official Plan, the lands are designated "Hamlet".
Policies within both of these documents state that rural
residential growth shall predominantly occur within the Hamlets.
This proposal conforms with the policies contained within both
Official Plans.
6 ZONING BY -LAW PROVISIONS
6.1 According to the Comprehensive Zoning By -law 84 -63 of the former
Town of Newcastle, as amended, the subject lands are zoned
"Residential Hamlet (RH)". Lands so zoned shall be used for
residential purposes. As the use and lot sizes comply, rezoning is
not required.
7 AGENCY COMMENTS
7.1 In accordance with departmental procedures, the application was
circulated to obtain comments from other departments and agencies.
Only the Ministry of The Environment and the Region of Durham
Health Department had concerns with the original application. With
599 35 ....4
REPORT NO. PD-49-95 PAGE 4
the resubmission of the plan, the concerns of the Ministry of the
Environment and the Region of Durham Health Department have been
satisfied.
8 STAFF COMMENTS
8.1 The applicant has proposed a 9 lot residential development within
the Hamlet of Tyrone. The Official Plan recognizes that growth in
rural areas shall occur within hamlets.
8.2 The applicant has submitted an hydrogeologic report which addresses
the issue of availability of water. The report states that
"Adequate ground water resources are clearly available from deep
drilled wells to supply the proposed development. Interference
effects on local water supplies due to the proposed new wells are
expected to be minimal."
8.4 As was noted earlier a previous subdivision application was made
and had received draft approval. Subsequently a subdivision
agreement was registered on title. However, due to the length of
time which has passed since the subdivision agreement was
registered, standards for development have changed. In order to
incorporate current standards, new draft conditions are attached
(Attachment # 2) and the original subdivision agreement will
require to be removed from title and a new agreement be executed.
9 CONCLUSION
9.1 The applicant has submitted an application to permit 9 residential
lots within the south west quadrant of the Hamlet of Tyrone. The
plan conforms with the Official Plan and is in compliance with the
zoning by -law.
9.2 New conditions of draft approval have been attached to this report
(Attachment #2) and a new subdivision agreement will have to be
entered into and registered on title.
599 36 ....5
REPORT NO. PD -49 -95 PAGE 5
Respectfully submitted,
Franklin Wu, M.C.I.P.
Director of Planning
and Development
HB *FW *cc
Reviewed by,
,w
W. H. Stockwell'
Chief Administrative
Officer
Attachment #1 Key Map
Attachment #2 Conditions of Subdivision Approval
Attachment #3 Plan of Subdivision as Originally Submitted
Attachment #4 Plan of Subdivision as Revised
Attachment #5 Zoning By -law Amendment
May 5, 1995
Interested parties to be notified of Council and Committee's decision:
Murray Marchant
'S Durham Street
Bowmanville, Ont L1C 1H4
Grenville Byam
i R.R. #5
Bowmanville, Ont L1C 3K6
Kelvin Jones
,/ 214A Liberty Street North
Bowmanville, Ont. L1C 2M8
Greer Galloway Group Inc
1415 King Street (Highway #2)
Courtice, Ont. L1E 2J6
Hamilton and Associate
Barristers and Solicitors
v P.O. Box 39
1 Division Street
Bowmanville, Ont. L1C 3K8
Locust Grove Farms
R.R. #5
Bowmanville, Ont. L1C 3K6
Ralph Vandenberg
R.R. #5
Bowmanville, Ont. L1C 3K6
Evelyn Stroud
X89 Little Avenue
Bowmanville, Ont. L1C 1J9
R.A. Gill
6545 Bethesda Rd.,
R.R. #5, Group 36, Box 50
Bowmanville, Ontario L1C 3K6
Katherine Real
6763 Clemens Road
Bowmanville, Ont. L1C 3K6
1. That this approval applies to draft Plan of Subdivision 18T -86062
prepared by D.G. Biddle and Associates dated (revised) December
1994 (and further revised in red as per the attached plan) showing
Lots 1 to 9 inclusive for single family detached dwellings.
FINAL PLAN REQUIREMENTS
2. That all streets within the Plan of Subdivision shall be dedicated
as public highway and shown as such on the final plan.
3. That all streets shall be named to the satisfaction of the
Municipality of Clarington and shown on the final plan.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. That the Owner shall retain a professional engineer to prepare and
submit a Master Drainage and Lot Grading Plan 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.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
5. 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.
6. That all easements, road widening, and reserves as required by the
Municipality shall be granted to the Municipality free and clear of
all encumbrances.
7. 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.
599 38
CONDITIONS OF APPROVAL
REQUIREMENTS INCLUDED • • REGISTRATION
8. The Owner agrees that prior to the issuance of a building permit
for each lot the Chief Building Official shall be in receipt of
certification from a licensed well driller that a well has been
drilled and tested to confirm that an adequate water supply is
available to service each lot.
9. THAT the Conclusions and Recommendations contained within the
"Hydrogeologic Assessment Proposed Residential Development File
18T86062" dated June 1990 be adhered to.
10. 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.
11. That the Owner shall cause all utilities, including, hydro,
telephone, Cable TV, etc. to be buried underground.
12. 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.
13. That the Owner shall adhere to architectural control requirements
of the Municipality.
14. 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 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.
599 39 ...3
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONTID)
15. 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.
16. That all works and services are designed and constructed in
accordance with the Municipality of Clarington Design Criteria and
Standard Drawings, provisions of the Development Charges Act, 1989,
and all applicable legislation and to the satisfaction of the
Director of Public Works.
17. That 10m X 6m sight triangles be dedicated to the Municipality at
the intersection of the internal street and Clemens Road.
18. That the applicant assume all costs for provision, installation and
location of Community Mailboxes to service this subdivision, in a
manner satisfactory to the Director of Public Works.
19. That the applicant enter into a Subdivisions Agreement with the
Municipality including all requirements of the Public Works
Department regarding the engineering and construction of all
internal and external works and services related to this plan. In
addition, the subdivision agreement will include a "staging plan"
or any other necessary provisions that will control the sequential
development of this plan of subdivision.
20. That the applicant is responsible for the costs of all road and
service construction works required for the connection of internal
Street to existing streets.
21. That the applicant meet all the requirements of the Public Works
Department, financial or otherwise. ...4
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CONDITIONS OF APPROVAL
SUBDIVISION REQUIREMENTS TO BE INCLUDED IN
22. Satisfy the Ministry of Natural Resources financially or otherwise.
23. Satisfy the Central Lake Ontario Conservation Authority financially
or otherwise.
24. Satisfy the Region of Durham Department of Health financially or
otherwise.
25. Satisfy Bell Canada financially or otherwise.
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