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Home My WebLink AboutPD-98-94Meeting: General Purpose and Administration Committee File #'. Date: Tuesday, September 6, 1994 Res. # Report #: PD -98 -94 File #: 18T -92011 By-Law # Subject: PROPOSED PLAN OF SUBDIVISION 18T -92011 PART LOT 33, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: 18T -92011 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -98 -94 be received; 2. THAT the Region of Durham be advised that the Municipality of Clarington recommends approval of the draft plan of subdivision 18T -92011 dated November 1993, as revised in red, subject to the conditions contained in Attachment No. 1 to this report; 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 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 Holding (H) symbol be removed by By -law upon 5. execution of a Subdivision Agreement; and THAT the interested parties listed in this delegation be advised of Council's decision. report and any 1 APPLICATION DETAILS 1.1 Applicant: Kiddicorp Investments Ltd. 1.2 Agent: D. G. Biddle & Associates Ltd. 1.3 Subdivision: Original Proposal - sought approval for a thirty nine (39) unit plan of subdivision consisting of thirty -two (32) semi- detached /link units and seven (7) single family dwelling units. ....2 PECYCL ED PAPER PaP E� TR IS 6 PRIM-4 RECYCLED PAPER REPORT NO. PD -98 -94 PAGE 2 Revised Proposal - seeking approval for a forty -five (45) unit plan of subdivision consisting of thirty eight (38) semi- detached /link units and seven (7) single family dwelling units. 1.4 Area: 2.675 hectares (6.61 acres) 2. BACKGROUND 2.1 In June of 1992, the Planning and Development Department was advised by the Region of Durham of an application for approval of a plan of subdivision submitted by Kiddicorp Investments Ltd. 2.2 The subject property is a 2.675 hectare (6.61 acre) parcel of land located between Prestonvale Road and Robert Adams Drive south of Renwick Road but is more formally described as Part Lot 33, Concession 2, in the former Township of Darlington. 3. PUBLIC NOTICE AND SUBMISSIONS 3.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. 3.2 As a result of the public notification process, Staff have received one (1) telephone inquiry and one (1) counter inquiry from area residents with respect to the proposal. The residents both requested more detailed information with respect to the proposal. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan, the subject property is designated as a Living Area. As the primary use of land so designated is intended to be for residential purposes, the application would appear to conform to Regional Official Plan. :.j 4 REPORT NO. PD -98 -94 PAGE 3 4.2 Within the Courtice Major Urban Area, the Official Plan for the former Town of Newcastle establishes a maximum of 15 units per net residential hectare for Low Density development, a maximum of 40 units per net residential hectare for Medium Density development and a maximum of 80 units per net residential hectare for High Density development. The applicant is proposing to develop the 2.675 hectare (6.61 acre) parcel at an overall density of 19.33 units per net residential hectare which falls within the medium density range as defined by the Official Plan for the former Town of Newcastle. A review of the applicable policies of the Official Plan has indicated that the proposal does not offend the intent of the Official Plan and can therefore be considered to conform with the Official Plan of the former Town of Newcastle. 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 "Holding - Urban Residential Type One ( (H) R1) ". As residential uses of the size and magnitude proposed in the current application are permitted in the "Urban Residential Type One (R1)" zone, an amendment to the Comprehensive Zoning By -law is not required. However, the applicant will be required to remove the Holding (H) symbol following the execution of a subdivision agreement. 6 AGENCY COMMENTS 6.1 The revised proposal was circulated concurrently to various agencies by the Durham Regional Planning Department and the Municipality of Clarington Planning and Development Department. The following provides a brief synopsis of the comments received. ....4 /I r REPORT NO. PD -98 -94 PAGE 4 6.2 The Central Lake Ontario Conservation Authority has advised ,that the site is within an area of the Farewell Creek watershed and subject to the recommendations of the Courtice Stormwater Management Study which recommends that post - development run -off be controlled to pre- development levels. Nevertheless, the Authority anticipates that this matter can be addressed at the site servicing and grading plan stages and therefore offers no objection to the application. 6.3 The Ministry of Natural Resources advised that Farewell Creek provides habitat for bait fish and therefore, the Ministry is concerned with the potential for water quality degradation as a result of development activities. However, the Ministry has no objection to the proposal subject to several regulatory controls. 6.4 The Public Works Department has advised that they have no objection to the proposal subject to several conditions including the provision of sight triangles and temporary turning circles. 6.5 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. 6.6 The balance of the agencies/ departments which have provided comments were the Ministry of Culture and Communications, the Public School Board, the Separate School Board, Ontario Hydro and the Municipality of Clarington Fire Department. None of the aforementioned agencies have provided objectionable comments with respect to the proposal. ....5 J`tU REPORT NO. PD -98 -94 PAGE 5 7. STAFF COMMENTS 7.1 Staff have reviewed the application in relation to the proposed density, the residential density policies contained in the Official Plan, the surrounding land uses and the street pattern. 7.2 The applicant is proposing to develop the forty five (45) unit plan of subdivision at an overall density of 19.33 units per net residential hectare. This density falls within the medium density range within the Official Plan and is comparable to and compatible with densities in the surrounding area. In addition, Staff note that virtually all of the proposed lots exceed the minimum requirements with respect to lot area and lot frontage. 7.3 However, the proposed plan of subdivision has been red -line revised to place lots 21, 25 and 26 on hold until development proceeds further to the south and the temporary turning circle can be removed. In addition, Lot 24 has been red -line revised to include a 5.0 metre x 5.0 metre sight triangle to be dedicated to the Municipality. 7.4 Nevertheless, the proposed plan of subdivision, as red -line revised, is a logical extension of Registered Plans 10M -797, 10M -824 and 10M -832 and should not adversely impact upon the surrounding neighbourhoods. 8. CONCLUSION 8.1 In consideration of the comments contained within this report, the Planning and Development 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. ....6 b t 4V' REPORT NO. PD -98 -94 PAGE 6 8.2 Staff note for the Committee's and the applicant's information that the Holding (H) symbol will require removal at such time as a subdivision agreement has been executed. A rezoning application to remove the holding symbol will be required at a later date. Respectfully submitted, Reviewed by, 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 - Red -line Revisions Attachment # 3 - Key Map August 26, 1994 Interested persons to be notified of Council and Committee's decision: D. G. Biddle & Associated Kiddicorp Investments ltd. 96 King Street East 1748 Baseline Road OSHAWA, Ont. L1H 1B6 COURTICE, Ont. L1E 2T1 J J; Vii: DN: 18T92011.GPA CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T -92011 prepared by D. G. Biddle & Associate dated November, 1993 (and further revised in red as per the attached plan) showing Lots 20 to 26 inclusive for single family detached dwellings, Lots 1 to 19 inclusive for semi - detached or linked dwellings, and various blocks for future development, reserve, road widening, 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 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 time. ....2 -2- 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. 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- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONTU 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 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. 4 ~ J ..) J -4- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 20. The Owner agrees that a temporary turning circle will be provided at the terminus of Street "A" and that Lots 21, 25 and 26 be frozen until such time as Street "A" is extended and a finished urban roadway including asphalt, paving, curb and gutter, sodded boulevard, sidewalk and street lighting have been constructed adjacent to Lots 21, 25 and 26. 21. The Owner agrees to dedicate, free and clear of any encumbrances, a 5.0 metre X 5.0 metre sight triangle at the north west corner of Lot 24. 22. The Owner agrees that pavement elbow be designed as per Municipality of Clarington Standard N -708. 23. The Owner agrees to assume all costs of all road and service construction works required for the connection of proposed Sagewood Avenue and Street "A" to the existing streets. 24. The Owner agrees to make application for property access in conjunction with this subdivision. 25. The Owner agrees to meet all other requirements of the Public Works Department, financially or otherwise. 26. The Owner agrees to meet all the requirements of the Central Lake Ontario Conservation Authority, financial or otherwise. 27. The Owner agrees to meet all the requirements of the Ministry of Natural Resources, financial or otherwise. 28. The Owner agrees to meet all the requirements of Ontario Hydro, financial or otherwise. �- oks ®r 4\0\A '. ak, 'as a af. 9 -{ \ VED /P�A - n f x If \ \ IT u / 60 �cFyp \ I u 1 `�9.5 t30 �l 11 lJj� �I _1 C C� �r! XS•OM KEY PLAN .�., • ..,... PROPOSED DRAFT PLAN PMT OF LOT 33. CONCESSION 2. 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