HomeMy WebLinkAboutPD-64-95DN: DEV94065.GPA "E CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File # "w
Date:
Monday, June 19, 1995 Res. # � � �' � " ` 5
Report #: PD -64 -95 File #: DEV 94 -065 (18T- 94024) By -law
Subject: REZONING APPLICATION AND PROPOSED PLAN OF SUBDIVISION
PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 94 -065 (X -REF: 18T- 94024)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -64 -95 be received;
2. THAT the Region of Durham be advised that the Municipality of
Clarington recommends approval of the draft plan of
subdivision 18T- 94024, dated November 1994;
3. THAT the Mayor and Clerk be authorized, by by -law, to execute
the Subdivision Agreement between the Owner of the proposed
draft plan of subdivision 18T -94024 and the Corporation of the
Municipality of Clarington at such time as an Agreement has
been finalized to the satisfaction of the Director of Public
Works and the Director of Planning and Development;
4. THAT the attached amendment to By -law 84 -63 be APPROVED and
that the Holding (H) symbols be removed by By -law upon
execution of the Subdivision Agreement; and
5. THAT all interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Owner: 290572 Ontario Ltd.
1.2 Agent: D. G. Biddle and Associates
1.3 Zoning: from in part "Urban Residential Type One (R1)"
and in part "Holding - Urban Residential Type
One ((H)R1)" to various zones to permit the
development of a plan of subdivision.
1.4 Subdivision: seeking approval of a plan of subdivision
consisting of 5 single family dwelling units,
6 semi - detached /link dwelling units and 12
townhouse units for a total of 23 units ..... 2
545
REPORT NO. PD -64 -95 PAGE 2
1.5 Area: .778 hectares (1.92 acres)
2. BACKGROUND
2.1 In December of 1994, the Planning and Development Department
received an application to amend Zoning By -law 84 -63 in order
to permit the development of a 23 unit plan of subdivision.
In January of 1995, the Planning and Development Department
was advised by the Region of Durham of an application for a
proposed plan of subdivision to implement the development.
2.2 The proposal is situated on a .778 hectare (1.92 acre) parcel
of land located approximately 90 metres to the south of the
houses known municipally as 1719 and 1721 Highway # 2 (as
shown on Attachment #1) but is more formally known as part Lot
29, Concession 2, in the former Township of Darlington.
3. PUBLIC NOTICE AND SUBMISSIONS
3.1 Pursuant to the requirements of the Planning Act, a Public
Meeting was held on Monday March 6, 1995 at which time the
applicant's agent appeared before Committee to answer
questions. No one else spoke either in support of or in
opposition to the proposal.
3.2 Subsequent to the public meeting, the Planning and Development
Department has received one (1) written submission with
respect to the proposal. The submission, from an abutting
property owner, expressed concerns regarding the density of
the proposal, grading and drainage of the site and possible
interference with well water.
4. OFFICIAL PLAN CONFORMITY
4.1 Within the Durham Regional Official Plan, the subject property
is designated as a "Living Area ". The primary purpose of
lands so designated shall be for residential purposes. In
view of the foregoing, the application would appear to comply
with the Durham Regional Official Plan. ....3
an
REPORT NO. PD -64 -95 PAGE 3
4.2 Within the Official Plan of the former Town of Newcastle, the
subject property is designated Residential. The policies of
the Residential designation are similar to those of the
Regional Official Plan requiring a range of housing types,
sizes, prices and tenure arrangements.
4.3 The subject lands are contained within Neighbourhood 2C of the
Courtice Urban Area and represents an infilling development
around the previously draft approved plan of subdivision 18T-
87092. In addition, the 23'units proposed by this development
appears to conform with the target population of 2500.
5. ZONING BY -LAW COMPLIANCE
5.1 Within Comprehensive Zoning By -law 84 -63 of the former Town of
Newcastle, the subject property is zoned in part "Urban
Residential Type One (R1)" and in part "Holding - Urban
Residential Type One ((H)R1)" which would permit the
development of single family dwellings on 15.0 metres of
frontage and semi - detached /link dwellings on 18.0 metres of
frontage. As the applicant is proposing to develop street
townhouses as well as single family dwellings with 12.0 metres
of frontage, an application to amend the zoning by -law was
required.
6. AGENCY COMMENTS
6.1 The application for the proposed plan of subdivision was
circulated to various agencies by the Durham Regional Planning
Department. Subsequently, the Planning and Development
Department undertook a circulation of the proposed zoning by-
law amendment. The following provides a brief summary of the
comments received to date.
6.2 The Public Works Department has reviewed the application and
advised that they have no objection to the proposal subject to
the Municipality's standard subdivision conditions with
respect to construction, stormwater management and lot
grading. 547 ....4
REPORT NO. PD -64 -95 PAGE 4
6.3 The Community Services Department has advised that they have
no objection to the proposal subject to the applicant
providing 5% cash -in -lieu of parkland dedication with the
funds realized being credited to the Parks Reserve Account.
6.4 The Central Lake Ontario Conservation Authority has reviewed
the proposal and advised that they have no objections to the
application. However, the Authority has requested several
standard regulatory conditions including a contribution by the
applicant towards remedial erosion control work on Black
Creek.
6.5 The Ministry of Natural Resources has reviewed the proposal
and notes that the subject lands appear to drain to Black
Creek, a coldwater fishery. Consequently, the Ministry is
concerned that negative impact on fish habitat could result
unless proper stormwater management techniques are employed on
site both during and after construction. Therefore, although
the Ministry has no objection to the proposal, the Ministry
has recommended the provision of several regulatory conditions
regarding stormwater management.
6.6 The balance of the circulated agencies which have provided
comments were the Fire Department, the Regional Planning
Department, the Regional Works Department Bell Canada, the
Public School Board and the Separate School Board. None of
the aforementioned agencies provided objectionable comments
with respect to the proposal.
7. STAFF COMMENTS
7.1 Staff have reviewed the application in relation to the
proposed density, the density of the surrounding area, the
residential density policies contained in the Official Plan,
the target population of the Official Plan and the surrounding
land uses.
....5
548
REPORT NO. PD -64 -95 PAGE 5
7.2 The applicant is proposing to develop the 23 unit plan of
subdivision at an overall density of 29.56 units per net
residential hectare. The density is compatible with the
densities developed in the surrounding area and the Planning
and Development is of the opinion that proposed development
represents infilling around the previously approved Draft Plan
of Subdivision 18T- 87092.
7.3 In addition, the approval of the application will satisfy
Section 6.1.1(1) of the Official Plan for the former Town of
Newcastle which promotes the development of plans of
subdivisions with a mix of housing types and styles.
7.4 Finally, Staff advise for the Committee's information that the
approval of the application will serve to maintain the target
population for the 2C Neighbourhood.
8. CONCLUSION
8.1 In consideration of the comments contained within this report,
the Planning and Development Department would have no
objection to the approval of the proposed Plan of Subdivision,
subject to the conditions of draft approval as contained in
Attachment No. 1 annexed hereto.
8.2 Furthermore, the Planning and Development Department would
have no objection to the approval of the attached zoning by-
law amendment. The amending zoning by -law would provide for
the appropriate zone categories to implement the proposed plan
of subdivision (18T- 94024). Staff note that the removal of
the Holding (H) symbol will require Council approval at such
time as the subdivision agreement is registered. A rezoning
application to remove the Holding (H) symbol will be required
at a later date.
....6
X49
REPORT NO. PD -64 -95 PAGE 6
Respectfully submitted, Reviewed by,
(D t
Franklin Wu, M.C.I.P. W. H. Stockwell
Director of Planning Chief Administrative
and Development Officer
WM *FW *cc
Attachment # 1 - Conditions of Draft Approval
Attachment # 2 - Proposed Plan of Subdivision
Attachment # 3 - Key Map
June 8, 1995
Interested parties to be notified of Council and Committee's
decision:
290572 Ontario Ltd.
58 Rossland Road West
Oshawa, Ontario L1G 2V5
D. G. Biddle & Associates
96 King Street East
Oshawa, Ontario L1H 1B6
- 5, 50
DN: DEV94- 065.GPA
111111
1. That this approval applies to draft Plan of Subdivision 18T -94024 prepared by D. G. Biddle
and Associates Limited dated November, 1994 showing Lots 1 to 5 inclusive for single
family detached dwellings, Lots 6 to 8 inclusive for semi - detached or linked dwellings and
Block 9 to 11 inclusive for street townhouses.
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 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.
All plans and drawings must conform to the Municipality's Design Criteria as amended from
time to tune.
551
N
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
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 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.
552
...3
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
'` 1 / 1 1. 1 1 1 1
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. The Owner agrees to satisfy all the requirements, financial or otherwise of the Central Lake
Ontario Conservation Authority.
20. The Owner agrees to satisfy all the requirements, financial or otherwise of the Ministry of
Natural Resources.
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ATTACHMENT #3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 95-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town
of Newcastle.
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 Town of Newcastle.
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:
"Urban Residential Type One (R1)" to "Holding Urban Residential Type One ((H)R1) ";
"Urban Residential Type One (R1)" to "Holding Urban Residential Type Two ((H)R2) ";
"Holding Urban Residential Type One ((H)R1)" to "Holding Urban Residential Type Two
((H)R2) ",
"Urban Residential Type One (111)" to "Holding Urban Residential Type Three ((H)R3)"
"Holding Urban Residential Type One ((H)Rl)" to "Holding Urban Residential Type Three
((H)R3) "; and
"Urban Residential Type Three (113)" to "Holding Urban Residential Type Three ((H)R3) ".
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 1995.
BY -LAW read a second time this day of 1995.
BY -LAW read a third time and finally passed this day of 1995.
556
MAYOR
CLERK
This is Schedule
1
to
By-law •
passed
day
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LOT 29
CONCESSIONS 2
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