HomeMy WebLinkAboutPSD-019-14 lari� n
Leading the Way REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 31, 2014 Resolution#: 011-1 By-law#: 1 `&
Report#: PSD-019-14 File#: COPA 2009-0005, S-C-2009-0001 & ZBA 2009-0021
Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND
ZONING BY-LAW AND A PROPOSED DRAFT PLAN OF SUBDIVISION TO
PERMIT 18 SINGLE DETACHED RESIDENTIAL UNITS
APPLICANT: HEADGATE GROUP INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-019-14 be received;
2. THAT the application for a Clarington Official Plan Amendment (COPA 2009-0005)
submitted by Headgate Group Inc. be denied as the applicant is redundant to the
Municipality's Official Plan Amendment No. 80;
3. THAT the applications for Draft Approval of a Plan of Subdivision (S-C-2009-0001) and
Zoning By-law amendment (ZBA 2009-0021) be amended to incorporate the "other
lands owned by the Applicant" as an Open Space block and Environmental Protection
Area respectively and that a further public meeting not be required;
4. THAT the application for Draft Approval Plan of Subdivision (S-C-2009-0001) submitted
by Headgate Group Inc. be supported subject to conditions as generally contained in
Attachment 1;
5. THAT the Zoning By-law Amendment (ZBA 2009-0021) application submitted by
Headgate Group Inc. be approved as contained in Attachment 2;
6. THAT a By-law authorizing the removal of the (H) Holding symbol be forwarded to
Council for approval once all provisions contained within the Official Plan with respect to
the removal of the (H) Holding Symbol are satisfied;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-019-14 PAGE 2
7. THAT the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-019-14
and Council's decision; and
8. THAT all interested parties listed in Report PSD-019-14 and any delegations be advised
of Council's decision.
e-
Submitted by: /204� Reviewed by:
David . Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
ATS/CP/df
24 March 2014
REPORT NO.: PSD-019-14 PAGE 3
1. APPLICATION DETAILS
1.1 Owner: Headgate Group Inc.
1.2 Proposed Official Plan Amendment:
To amend "Map A2 - Land Use Courtice Urban Area" by deleting
the Public Elementary School symbol from the subject lands.
1.3 Proposed Zoning By-law Amendment:
To rezone the subject lands from Agriculture "A", to appropriate
zones, to implement the proposed draft plan of subdivision.
1.4 Proposed Draft Plan of Subdivision:
To permit the development of 19 single detached dwelling lots, part
lots, blocks for future development, roads and 0.3 metre reserves.
1.5 Site Area: 1.68 hectares (4.2 acres).
1.6 Location: The lands subject to these applications are generally located
west of Hancock Road, north of Nash road, being in Part Lot 27,
Concession 3, in the former Township of Darlington (Figure 1).
FIGURE 1
• _ -GEORGE REYNOLDS DR 3
0
0
n •a
1 • ^ 3. !
j Other Lands Owned
1 By Applicant "
r _
` ,� ,
Area Of Proposed
o• , Draft Plan Of Subdivision .t..:n • 1' y'
Al
.� B 00 MEj1V II
CT B A
A _
TABV'
r Phase 1 i
NASH ROAD ' NA§H O�AD
'r.. 4n- •. ` s, u •
REPORT NO.: PSD-019-14 PAGE 4
2. BACKGROUND
2.1 Headgate Group Inc. submitted applications to develop lands in the Hancock
neighbourhood for single detached residential units on lands formerly identified as a
public elementary school block.
The proposed Official Plan Amendment was requested to delete the Public Elementary
School symbol and to allow low density residential development to proceed. The
proposed Draft Plan of Subdivision would permit the development of single detached
dwelling lots, and the Zoning By-law Amendment application would be appropriate to
implement the proposed Draft Plan of Subdivision (Figure 2 next page).
2.2 A public meeting was held on January 10, 2011 after which the applications were further
processed in the context of the broader review of the Hancock Neighbourhood Design
Plan (NDP).
2.3 The subject lands were part of the Hancock NDP update that was triggered by revised
wetland and natural heritage mapping, elimination of the public elementary school site
and the approval of various other plans of subdivision in the neighbourhood. Staff
reviewed road and lotting patterns, servicing plans, active and passive transportation
routes, population and housing targets, parkland and natural features to be protected,
for the entire neighbourhood.
2.4 The Hancock NDP was approved by the Director of Engineering Services and Director
of Planning Services on April 17, 2013 following approval of Official Plan Amendment
No. 80 that revised mapping, housing and population targets.
2.5 Following approval of the Hancock NDP, Headgate Group Inc. revised their applications
to conform to the NDP and to address comments received. The original draft Plan of
Subdivision proposed 18 single detached residential lots, while the recommended draft
Plan of Subdivision includes 19 single detached residential lots.
2.6 The proposed draft Plan of Subdivision is an extension of a Plan of Subdivision to the
south also developed by Headgate Group Inc. (S-C-2004-002). A total of 23 lots were
previously draft approved to the south, and twelve lots have been registered and
developed. The remainder of the lands will be phased subject to the construction of
road improvements, connections and phasing out of the auto wrecker use on Hancock
Road. The majority of the lots proposed as part of this development cannot be
developed without access from abutting lands to the east.
2.7 The applicant submitted the following studies/reports in support of the draft plan of
subdivision:
• Environmental Impact Study Update
• Noise Compatibility Assessment
• Functional Servicing Plan
• Phase 1 and 2 Environmental Site Assessment
• Stage 1 and 2 Archaeological Assessment
These are reviewed in Section 7 of this report.
REPORT NO.: PSD-019-14 PAGE 5
FIGURE 2
1 1 .
I 5
wP 0 C
SITE" ._.....
!
.1, u1> Asa
_ qd t 1 hI r; vaI 4t g
1:",oco r -,t Ltd
y _ 1
PART LOT
— t 3
'.1J 178 BLOCK 27'.
I PAqT LOT -E
L.BLOCK-28 1ti
PART LOT
\ t 0 m Reserve 113 1
Str ....
g h
z I- .. ....._ i31-0 LOT
C K
30
.
_. r
1.3 1 1 11
....
IJ 1 3 a It.
11 �- 11! I 73 72 1� 70 gt.,6' BA LOT
BLOCK K2&
:
I:
19 PART LOT
O" \
BLOCK 25•
Z.".'
_]' 1 J 11 1,15.3 114 113
.
f.o
., �
� I �
c
I.:� , _ u✓.,.' Fo � �� [ 1 � }.... „-3 ,3 as
PART LO
. .Q', d .emu J, r,f Y. ! ( .....:I p3`. BLOCK 24
' a � �.
i
:
I' fi
'. TaTa hA,
J
[ •�1 r. yq
O
.v
s
1 C7y I k j'Q2n
HEADGATE
d
K... a
I
sC
ILL, `
qb Ta)�T �l vgnue
�.: o-.
REPORT NO.: PSD-019-14 PAGE 6
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The site is relatively flat and heavily treed, but vacant of structures.
3.2 Surrounding Uses
West: Vacant block within Registered Plan of Subdivision 40M-2364
East: Rural residential, Courtice Auto Recycling Ltd. (southeast)
North: A Provincially Significant Wetland, woodlands, and a neighbourhood park
South: Lots within registered Plan of Subdivision 40M-2452, and lands in draft
approved Plan of Subdivision (S-C-2004-002)
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement (PPS)
The Provincial Policy Statement identifies settlement areas as the focus of growth. Land
use patterns within settlement areas shall be based on the efficient use of land,
infrastructure and other public services, such as public transit. A land use pattern,
density and mix of uses should be promoted to minimize vehicle trips and support
transportation choices. Natural features shall be protected for the long term. The
diversity and connectivity of such features should be maintained, restored or, where
possible, improved. Development and site alteration shall not be permitted on lands
adjacent to significant natural heritage features unless the ecological function of the
adjacent lands has been evaluated and it has been demonstrated that there will be no
negative impacts on the natural features or on their ecological functions.
The subject applications are consistent with the PPS.
4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan)
The Growth Plan provides a framework for accommodating growth in both existing built
up areas, through intensification and redevelopment, and within greenfield areas. The
proposed subdivision is within a greenfield area. New development in greenfield areas
are to be complete communities with access to a mix of jobs, services, housing, school
recreation and open space that is easily accessed through various modes of
transportation. The greenfield area of each upper-tier municipality will be planned to
achieve a minimum density target that is not less than 50 residents and jobs combined
per hectare. Major growth is to be directed to areas serviced by existing or planned
municipal infrastructure, such as water and sewer services. Natural heritage features
that complement, link or enhance natural systems shall be identified and protected.
The subject applications conform to the principles of the Growth Plan.
REPORT NO.: PSD-019-14 PAGE 7
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
Within the Durham Regional Official Plan, the lands are designated as Living Area, with
an indication of Key Natural Heritage and Hydrologic Features. Lands designated as
Living Area permit the development of communities with defined boundaries,
incorporating the widest possible variety of housing types, sizes and tenure. The natural
environment, including Key Natural Heritage and Hydrologic Features, shall be given
paramount consideration in light of their ecological functions and scientific, educational
and health values.
In consideration of development applications in designated Living Areas, regard shall be
had for the intent of this plan to achieve the following:
• A compact urban form;
• The use of good urban design principles;
• The provision of convenient pedestrian access to public transit, educational facilities
and parks;
• A grid pattern of roads;
• The provision and distribution of parks, trails and pathways and educational
facilities;
• The types and capacities of the existing municipal services, infrastructure and the
feasibility of expansion; and
• The balance between energy efficiency and cost.
The applications conform to the Durham Regional Official Plan.
5.2 Clarington Official Plan
The subject lands are designated as Urban Residential and Environmental Protection
Area within the Clarington Official Plan. The use of land in the Urban Residential
designation is predominantly for single and semi detached housing with a net density no
greater than 30 units per net hectare. The lands are within the Hancock Neighbourhood
of the Courtice Urban Area, which has a population allocation of 2900 and a housing
unit target of 975.
The Environmental Protection Area includes a significant woodlot and a wetland. The
subject site is within the Lake Iroquois Beach. The wetland is a portion of the
Black/Farewell Wetland Complex, a Provincially Significant Wetland.
An Environmental Impact Study (EIS) is required for development applications located
on lands within or adjacent to the Lake Iroquois Beach and/or, any natural heritage
feature identified on Map C1.
REPORT NO.: PSD-019-14 PAGE 8
In addition, plans of subdivision within the Lake Iroquois Beach shall contain provisions
to implement the recommendations of any EIS, watershed study or subwatershed study
to maintain or enhance groundwater functions including but not limited to special house
and infrastructure design requirements, stormwater management or construction
techniques.
Prior to municipal approval of any draft plan of subdivision, the Municipality will prepare
a sub-watershed plan. Where a master drainage plan has been approved, the master
drainage plan will substitute for the requirement for a subwatershed plan. The East
(Macourtice) Tributary of Black Creek Master Drainage Study was prepared and
approved by the Municipality and the Central Lake Ontario Conservation Authority in
1991.
Courtice Auto Recycling Ltd. located north of Nash Road and west of Hancock Road is
identified as a Waste Disposal Assessment Area. Waste Disposal Assessment Areas
shall include all lands that may be influenced by a site on which waste has been
deposited, or by a site on which waste will be deposited under a Provisional Certificate
of Approval issued under the Environmental Protection Act. The area of influence shall
be defined as 500 metres from the lands containing wastes unless otherwise
determined by the Province. Development within these areas shall be regulated in
order to protect public health and safety and to ensure land use compatibility.
6. ZONING BY-LAW
6.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned
"Environmental Protection (EP)" and "Agricultural (A)". A proposed Zoning By-law
amendment is included as Attachment 2 and is required in order to implement the
proposed plan of subdivision.
7. SUMMARY OF BACKGROUND STUDIES
7.1 Environmental Impact Study Update (Niblett Environmental Associates Inc.)
An Environmental Impact Study was completed by Aquafor Beech Limited in 2006. At
the time, the study contemplated the lands north of Broome Avenue as a school site.
The study suggested that an innovative school design could offer protection to sensitive
plant species found within vegetated areas. The school site, with its large land area,
would have a low percentage of impervious areas because of playing fields and open
space surrounding the school. This would assist in maintaining the water balance of the
nearby Provincially Significant Wetland. The assumptions made in the 2006 Aquafor
Beech EIS no longer apply as the school site is no longer being pursued.
In 2011, an update to the 2006 EIS was completed by Niblett Environmental Associates
Inc. to ensure that the impacts on the natural features are accurately reflected given the
proposed residential use.
REPORT NO.: PSD-019-14 PAGE 9
While the Niblett EIS update recommended a revised development limit based on more
recent field visits, CLOCA requested that the 2006 Aquafor Beech development limit be
respected since rare plant species were previously transplanted in the original 30 metre
buffer area.
The recommendations of the Niblett EIS update are included in the conditions of
approval (Condition 33) and will be implemented through the subdivision process.
However, the proposed draft plan of subdivision uses the development limit from the
Aquafor Beech EIS.
7.2 Noise Compatibility Assessment (Golder Associates)
The subject lands are proximate to Courtice Auto Recycling Ltd. to the southeast. The
auto wrecker is considered a legal non-conforming use and it is expected that over time
the auto wrecker would end its operation and/or relocate. Through review of aerial
photography, the intensity of the use has decreased substantially since 2000, however,
the site still has legal non-conforming status.
In order to support the first phase of development on lands to the south, a compatibility
assessment was prepared in accordance with MOE Guideline D-6 "Compatibility
between Industrial Facilities and Sensitive Land Uses" (July, 1995) to determine
appropriate setbacks between the auto wrecker use and the proposed residential lots.
Staff and agencies are satisfied that the findings of the 2007 report remain appropriate
for the subject applications.
The report finds that the existing auto wrecker use would be considered a Class 11
Industrial Facility. There is no record of an Environmental Compliance Approval for the
auto wrecker site by the Ministry of Environment, nor has it been determined that one is
required.
According to the D-6 Guideline, a 70 metre separation distance is recommended. The
guideline does allow some flexibility in the case of infilling and redevelopment, where
the Official Plan policies support the proposed residential use. Further the auto wrecker
use is not recognized in the Clarington Official Plan. The report finds that a 30 metre
separation distance is appropriate and would not cause land use interference, based on
the following:
• Lack of complaints due to the auto wrecker use from existing nearby residents;
• The proposed residential development would have a greater setback than existing
residences along Hancock Road;
• The 30 metre setback is taken from the property limit however on site setbacks,
based on current use of the site, provide an even greater separation distance
(greater than 120 metres).
The report also recommends a warning clause to notify prospective purchasers of the
existing auto wrecker use.
REPORT NO.: PSD-019-14 PAGE 10
7.3 Functional Servicing Plan (MMM Group)
Preliminary servicing and grading details were submitted with the application in support
of the applications.
Stormwater will be conveyed in storm sewers and directed to the stormwater
management pond at Courtice Road and Nash Road.
Sanitary sewers and watermains will be extended and looped along Broome Avenue
and Street A via Harry Gay Drive.
Detailed engineering drawings will be required as part of the final approval process.
7.4 Phase 1 and 2 Environmental Site Assessment (Golder Associates Ltd.)
Both a Phase 1 and 2 Environmental Site Assessment were completed by Golder
Associates Ltd. and culminated in the filing of a Record of Site Condition with the
Brownfields Environmental Site Registry.
Based on the submitted groundwater and soil testing, the Record of Site Condition finds
the lands suitable for residential use.
7.5 Stage 1 and 2 Archaeological Assessment (Archaeological Services In
Both a Stage 1 and 2 Archaeological Assessment were completed and filed with the
Ministry of Tourism and Culture. Test pits were investigated during the Stage 2 survey
(2010). Several outbuildings, including a dilapidated stone barn foundation were
located, however no archaeological materials were encountered. The site may be
considered free of any further archaeological concern.
8. PUBLIC SUBMISSIONS
8.1 A public meeting was held on January 10, 2011.
8.2 In addition to receiving general inquiries relating to the development, staff have received
written submissions from a nearby resident. The concerns focused on the
environmental impacts of the development, including:
• de-watering and contamination of wells;
• wetness of the area;
• increased volume of water released to stormwater management pond and warm
water being released to watercourse;
• suggestions that the EIS did not accurately reflect species present on the site;
• densities to be reviewed in light of environmental constraints;
• adequacy of buffers to Provincially Significant Wetland and auto wrecker site;
and
• impact of light pollution requires implementation.
REPORT NO.: PSD-019-14 PAGE 11
The resident also expressed concerns with the approved Plan of Subdivision 40M-2364
located to the west. The submissions were forwarded to the EIS consultant for their
review and consideration as part of the EIS update.
The resident also participated in the update to the Hancock Neighbourhood Design
Plan.
9. AGENCY COMMENTS
9.1 Durham Regional Planninq
The Region of Durham has no objection to the applications and has provided conditions
of approval. The Region concurs with the findings of the update to the Environmental
Impact Study, provided the recommendations are implemented.
Final servicing plans will need to be coordinated with the servicing of lands outside of
the proposed draft plan of subdivision.
The lands are within a 'designated Greenfield area' and are subject to the Growth Plan
policies requiring a minimum density target of not less than 50 residents and jobs per
hectare.
The Region acknowledges that the site is west of an existing auto wrecker's yard which
has the potential to impact the subject lands. A Record of Site Condition for the lands
has been filed on the Brownfields Environmental Site Registry recommending the lands
suitable for residential use. A Noise Compatibility Assessment and Historical Information
Review was completed in 2007 for the plan of subdivision to the south S-C-2004-002.
Some of the proposed lots will be held or identified as Future Development until land
use compatibility issues have been resolved. A warning clause relating to the auto
wrecker use will be required.
A Stage 1 and 2 Archaeological Assessment was completed which concluded there are
no areas of archaeological significance and no further study is required.
9.2 Central Lake Ontario Conservation Authority (CLOCA)
CLOCA has no objections to the application and has provided conditions of draft
approval.
Detailed information regarding sediment controls, grading and servicing and stormwater
management will be resolved during the detailed design stage.
CLOCA was involved in the review of the update to the Environmental Impact Study and
is satisfied with the findings of the Niblett Environmental Associates Inc., provided the
development limit identified in the Aquafor Beech study (2006) is retained.
REPORT NO.: PSD-019-14 PAGE 12
9.3 Kawartha Pine Ridge District School Board (KPRDSB)
KPRDSB has previously confirmed that the public elementary school site is no longer
needed at this location. The school board has recently advised that the development will
generate approximately four (4) elementary school pupils and three (3) secondary
school students. These students will be attending Courtice North Public School and
Courtice Secondary School respectively.
9.4 Other Agencies
Bell, Enbridge and Rogers Cable have offered no objection.
10. DEPARTMENTAL COMMENTS
10.1 Engineering Services
The Clarington Engineering Department has reviewed the proposed applications and has
no objection subject to the conditions of approval incorporated in Attachment 1.
Development of the subject lands cannot begin until the appropriate road and servicing
connections are made to the limits of the subject lands. A condition of approval has been
added in this regard.
The Owner will also be responsible to pay, or make suitable arrangements, for any
oversizing of works by previous developers.
Prior to final approval, and in addition to standard technical requirements, the applicant will
be required to satisfy the Engineering Services Department regarding the following
conditions:
• Phasing
• External turning circles and/or road connections
• Detailed Grading and Drainage
• Servicing
• Street Trees
10.2 Emergency and Fire Services
The Emergency and Fire Services Department advised that the road design must
include temporary turning circles for fire fighting apparatus if there are any dead-end
roads greater than 90 metres in length.
10.3 Clarington Operations Department and the Building Division have offered no objections.
REPORT NO.: PSD-019-14 PAGE 13
11. DISCUSSION
11.1 The proposed draft Plan of Subdivision is just north of a previously approved draft Plan
of Subdivision (S-C-2004-002) for 23 single detached dwellings. Twelve of the lots have
been registered and dwellings have been constructed along Duval Street.
11.2 The consideration of the subject draft plan of subdivision was on hold until the approval
of the revised Hancock Design Plan and until all on other comments received from
circulated agencies and area residents could be addressed.
11.3 Official Plan Amendment
The purpose of the subject application to amend the Clarington Official Plan (COPA
2009-0005) was to remove the school symbol from the subject lands to allow residential
uses to proceed.
Clarington Official Plan Amendment No. 80 for Hancock Neighbourhood removed the
public school site. This amendment was approved in 2013, therefore, COPA 2009-005
can now be closed. However, since the applicant has not withdrawn the application,
Council must either approve or deny. It is recommended that it be denied.
11.4 Environmental Protection
The development of the proposed draft Plan of Subdivision will involve clearing of
vegetation south of the PSW and buffer. The EIS identifies the lands to be cleared as
largely a conifer plantation/cultural thicket and, although contiguous to the
PSWNVoodland, was not identified for protection. Through the registration of the Plan of
Subdivision to the south, a tree preservation plan was prepared for the subject lands as
well. The tree preservation plan found that lands outside the protected PSW and buffer
area were a low constraint to development and that given the required grading and
servicing of the site, did not identify any trees that could be protected within the
proposed draft Plan of Subdivision.
The features to be protected in the Hancock Neighbourhood as a whole were
considered at the time of the revisions to the Hancock NDP. The original NDP included
land for residential development that had to be set aside for Environmental Protection.
Staff also had to consider lands that already were developed, lands that had previous
approvals in place, existing and future road/servicing connections. The final revised
Hancock NDP provided a 50% increase in lands designated for Environmental
Protection. The NDP provides for increased densities outside of environmentally
sensitive areas to provide an appropriate balance of lands for growth, and lands for
protection. The proposed draft Plan of Subdivision is consistent with the Hancock NDP.
11.5 Revisions to the Plan
The attached conditions require the draft plan of subdivision to be revised prior to
issuing draft approval:
REPORT NO.: PSD-019-14 PAGE 14
Dedication of Open Space lands
The submitted draft Plan of Subdivision shows "other lands owned by applicant" beyond
the north limits of the proposed plan. These lands are the location of a Provincially
Significant Wetland and required buffer area, and are also predominantly zoned for
Environmental Protection. No development would be permitted on these lands.
While these lands are outside the limits of the draft plan, a remnant parcel would be
created through registration of the plan and would be a legally conveyable parcel along
the municipal street. As these lands contain lands that are not to be developed, but
rather protected, the Municipality will require a 0.3 metre reserve. This would create a
landlocked parcel, which is contrary to policy and not good planning.
Planning staff recommend that the draft Plan of Subdivision be revised to place these
lands within the limits of the subdivision, and be dedicated as open space, which is
consistent with the approach taken in other subdivision approvals and the Municipality's
Land Acquisition Strategy.
Buffer to adjacent Auto wrecker use
As discussed in Section 7.2 of this report, a 30 metre buffer is recommended from the
limit of the auto wrecker site. As a condition of approval Lots 6, 7, 22, 23 and Blocks 24
and 25 should be melded and placed in a future development block until the auto
wrecker ceases. These lands will not be rezoned to a residential use at this time.
11.6 Public Comments
Many of the comments by the neighbouring resident were considered and addressed
during the redesign of the Hancock Neighbourhood Design Plan i.e. roads, lotting,
density and features to be protected. Staff and agencies are satisfied with technical
reports and recommended buffers to the PSW and auto wrecker site. A condition of
approval will require the developer to distribute a community education handbook
regarding the protection of the nearby environmental features of the site.
11.7 Conditions of Approval
The applicant has provided their concurrence with the Conditions of Draft Plan Approval
as set out in Attachment 1. The conditions include those referenced above, including a
requirements for the PSW and buffer shown as "other lands owned by the applicant" to
be dedicated, and those which are standard and apply to all development in the
Municipality of Clarington.
11.8 Proposed Zoning By-law Amendment
It is recommended that the subject lands be placed in an urban residential zone to allow
for the layout of the 11.3 metre lots. The zones applied reflect current standards seen in
newer subdivisions with respect to lot coverage and setbacks and consistent with the
REPORT NO.: PSD-019-14 PAGE 15
surrounding neighbourhood. The Holding provision will be utilized to ensure adequate
access and services are in place prior to development and will be lifted by By-law when
the appropriate conditions are met. The proposed Zoning By-law amendment is
included as Attachment 2.
11.9 All taxes payable to the Municipality of Clarington have been paid in full.
12. CONCURRENCE — Not Applicable
13. CONCLUSION
13.1 In consideration of the findings of all supporting studies, comments received from
circulated agencies and area residents, and based on review of the proposal, staff
recommends that the Draft Plan of Subdivision be approved subject to the conditions
included as Attachment 1 and that the Zoning By-law Amendment be passed
(Attachment 2). Staff also recommends that the application to amend the Clarington
Official Plan (COPA2009-0005) be closed.
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
Promoting economic development
X Maintaining financial stability
Connecting Clarington
Promoting green initiatives
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Anne Taylor Scott, Planner II
Attachments:
Attachment 1 - Proposed Conditions of Draft Approval
Attachment 2 - Proposed Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Andy Anderson, Headgate Group Inc.
Kevin Tunney, Tunney Planning Inc.
Sami El-Hajjeh
Libby Racansky
William Manson
ATTACHMENT 1
TO REPORT PSD-019-14
CONDITIONS OF DRAFT APPROVAL
FILE NO.: S-C-2009-0001
DATE: MARCH 21, 2014
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-2009-0001 prepared by Tunney Planning Inc. identified as job
number TUN 485-2, dated December, 2009, last revised October 2012, which
illustrates 23 lots for single detached residential lots, part lots, a future
development block, 0.3 metre reserves, roads and related services.
Revisions (as shown on red-line revised plan)
a) Amend plan by including "Other Lands Owned by Applicant" north of the limits
of the proposed plan of subdivision as an "Open Space" Block"within the limits
of the draft plan of subdivision.
b) Lots 6, 7, 22 and 23, and Part Lots 24 & 25 shall be placed in a future
development block given proximity to adjacent auto wrecker use.
c) Eliminate kinked rear lot line on Lot 20.
d) 0.3 metre reserves.
2. The Owner shall dedicate to the Municipality of Clarington the road allowances
included in this draft plan as public highways on the final plan.
3. The Owner shall name road allowances included in this draft plan to the
satisfaction of the Regional Municipality of Durham and the Municipality of
Clarington.
4. The Owner shall prepare an Environmental Sustainability Plan for approval by
the Director of Planning Services and Director of Engineering Services. The Plan
shall identify the measures that the Owner will undertake to conserve energy,
and water in excess of the standards of the Ontario Building Code, reduce waste,
increase recycling of construction materials and utilize non-toxic, environmentally
sustainable materials and finishes. The Owner shall also prepare a community
education hand book on the environmentally sensitive areas within and adjacent
to the neighbourhood.
5. The Owner shall obtain municipal approval of the zoning for the land uses shown
on the approved draft plan in accordance with the provisions of the Planning Act.
6. The Owner agrees that Street "A" in this subdivision is to be developed in a single
phase.
7. The Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Engineering Services and -the Director of
Planning Services for review and approval. The Landscape Plan shall include
recommendations relating to edge management contained in the submitted and
approved Environmental Impact Study. The Landscaping Plan shall reflect the
Municipality's Design Guidelines.
8. The Owner agrees that development cannot commence until external road and
servicing works, from Harry Gay Drive to Street `A', are extended and
constructed to the limits of the draft plan and to the satisfaction of the Director of
Engineering Services.
9. The Owner shall remove any temporary works or unsuitable works located on
adjacent lands or streets installed at the time of development of adjacent lands.
The applicant must construct or reconstruct any roads to an urban standard,
including asphalt paving, curb and gutter, boulevard sod, sidewalks, street
lighting and street trees.
10. The Owner acknowledges that certain works, services and facilities which directly
benefit the Lands were constructed and paid for by earlier developing owners
(Claret Jnvestments Limited and 1361189 Ontario Limited). The Owner further
acknowledges that the Municipality undertook to recover a proportionate share of
the cost of such works, services and facilities from future benefitting owners and
to reimburse the front-ending owners accordingly. An Authorization to
Commence shall therefore not be issued for any Works unless the Owner has
paid the appropriate share of front-ended works plus any accrued interest to the
Municipality as a recovery payment for these front-ending owners, as determined
by the Director of Engineering Services.
11. The Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Engineering Services for review
and approval. All plans and drawings must conform to the Municipality's Design
Guidelines.
12. Prior to registration of any portion of the subject draft plan the owner must
demonstrate how perpetual maintenance of any blocks identified as "Part Lots or
Blocks" will be undertaken. All part lots will be pre-serviced with water, sanitary
and storm sewers. Further, the Owner agrees that until such time as the
necessary lands are acquired to complete Blocks 24-34, these lands shall be
graded, seeded and maintained.
13. The Owner shall remove all existing buildings and structures that do not comply
with the Zoning By-law requirements prior to commencement of the construction
of the Plan of Subdivision.
14. All land dedications, easements, sight triangles and reserves as required by the
Municipality of Clarington for this development must be granted to the
Municipality of Clarington free and clear of all encumbrances and in a form
satisfactory to the Municipality's solicitor.
15. The Owner shall terminate any deadends and/or open sides of road allowances
created by this draft plan in 0.3 metre reserve(s) to be conveyed to the
Municipality of Clarington.
16. The Owner shall convey the 0.3 metre reserve shown as Blocks 32-34 on the
draft plan, to the Municipality of Clarington.
17. Authorization to Commence will not be issued for the construction of Street 'A'
and the Broome Avenue extension until such time as they can be constructed in
conjunction with the development of the lands to the east or until temporary cul-
de-sacs are permitted to be constructed on external lands to the east. No frozen
lots within this plan of subdivision will be permitted.
18. The Owner shall provide a cash-in-lieu of parkland payment in accordance with
the Planning Act.
19. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities where deemed appropriate
by the Director of Engineering Services.
20. The Owner shall cause all utilities, including hydro, telephone, Cable TV, etc., to
be buried underground.
21. 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, all
watermains and hydrants must be 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.
22. The Owner shall be 100% responsible for the cost of any architectural design
guidelines specific to this development, as well as 100% of the cost for the
"Control Architect" to review and approve all proposed models and building
permits, to the satisfaction of the Director of Planning Services.
23. No residential units shall be offered for sale to the public on the draft plan until
such time architectural control guidelines and the exterior architectural design of
each building has been approved by the Director of Planning Services.
24. No building permit shall be issued for the construction of any building on any
residential lot or block on the draft plan, until the architectural control guidelines
for the development and the exterior architectural design of each building and the
location of the building on the lot has been approved by the Director of Planning
Services.
25. a) The Owner shall prepare a Land Use Plan which shows the draft plan and
surrounding land uses. The Land Use Plan shall be in a format approved by the
Director of Planning Services.
b) The Owner shall erect and maintain a sign on the development site and/or
in the sales office which shows the Land Use Plan as approved by the Director of
Planning Services.
c) The Owner shall submit its standard Agreement of Purchase and Sale to
the director of Planning Services which includes all warning clauses/notices prior
to any residential units being offered for sale to the public.
26. Draft plan approval does not give the Owner permission to place or dump fill or
remove fill from, or alter the grade of any portion of the lands within the draft plan.
The Owner shall be required to obtain a permit from the Municipality under Site
Alteration By-law 2008-114, as amended, for any such work. If any portion of the
lands are within an area regulated by a conservation authority, the Owner shall
obtain a permit from the conservation authority in addition to obtaining approval
from the Director of Engineering Services regarding the intended haulage routes,
the time and duration of the site alteration work and security relating to mud clean
up, dust control and road damage. After registration of a subdivision agreement,
the provisions of the Municipality's standard subdivision agreement shall apply to
any proposed site alteration on the lands covered by the subdivision agreement.
27. 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 comply with the Region of Durham's Well Interference Policy,
28. The Owner acknowledges and agrees that the existing auto wrecker use on the
lands adjacent to the draft plan of subdivision may expand or intensify with the
result that the Ministry of Environment's Land use Compatibility Guideline D-6
may not be satisfied as between any such expanded or intensified use or uses
and the proposed uses on the draft plan of subdivision. The Owner further
acknowledges and agrees that the Municipality of Clarington and the Region of
Durham have made no representation whatsoever with respect to any future use
or uses of such auto wrecker or on the lands related thereto, and nothing in this
Agreement requires the Municipality and/or the Region to take, or prevents the
Municipality and/or the Region from taking, any action whatsoever in connection
with such auto wrecker use or uses or any of the lands related thereto.
29. The Owner shall provide to the Municipality, at such times and amounts as set
out in the subdivision agreement, 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.
30. 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 changes pursuant to the Development Charge
Act if any are required to be paid by the Owner.
31 The Owner supply on disk, in a CAD format acceptable to the Municipality a copy
of the proposed Plan of Subdivision as Draft Approved and each 40M Plan
proposed for registration.
32. Prior to any on-site grading or construction or final registration of the plan, the
Owner shall submit and obtain approval from the Municipality of Clarington, and
the Central Lake Ontario Conservation Authority for reports describing the
following:
a) the intended means of conveying stormwater flow from the site, including
use of stormwater techniques which are appropriate and in accordance
with the provincial guidelines.
b) the anticipated impact of the development on water quality, as it relates to
fish and wildlife habitat once adequate protective measures have been
taken;
c) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with the
provincial guidelines. The report must outline all actions to be taken to
prevent an increase in the concentration of solids in any water body as a
result of on-site or other related works, to comply with the Canada
Fisheries Act; and
33. The Owner agrees to carry out the requirements and recommendations of the
Headgate Environmental Impact Statement (September 12, 2006) prepared by
Aquafor Beech Limited, in addition to the Environmental Impact Study Update
(January 2011) and addendum (June 18, 2011) both prepared by Niblett
Environmental Associates Inc., including:
• Ensure the development limit is beyond the 30 meter wetland boundary as
identified by the 2006 Environmental Impact Statement prepared by
Aquafor Beech Limited, in an effort to not disturb recently transplanted
species;
• Prohibit construction activities such as filling, removal of vegetation,
placement of stumps, brush and materials/equipment within feature and
buffer area;
Delineate the development limit by a surveyed cut line and staking, on the
development side, and install snow fencing prior to any site preparation or
large scale clearing operations;
• Place silt fencing along edge of development limit prior to any site
preparation; silt fencing to be regularly inspected and maintained until
works are completed and soil stabilized with vegetation;
Preserve all upland portions of woodland north of the wetland on Open
Space Block 28;
Install 1.2 metre chainlink fence along the development limit to prevent any
access or encroachment from abutting lots and blocks;
• The landscape plan for the development shall include edge management
along the development limit, consisting of two staggered rows of eastern
white cedars;
No storage of vehicles or stockpiles of materials (including topsoil/brush)
within 15 metres of the development limit;
No refueling of vehicles or storage tanks or placement of storage tanks or
tankers within 15 metres of the development limit;
Grading plans to include rear yard runoff from Lots 14-21, inclusive, to the
extent possible, towards the wetland and buffer areas;
Downspouts for Lots 14-21, inclusive, to be direct to grassed surfaces and
lot line swales draining towards the wetland and buffer areas;
All clearing activities for the site are to occur outside of the breeding bird
season, generally between May 1St and July 31St.
34. The Owner shall install 1.2 metre non-gated galvanized black vinyl chain link
fencing along property limits adjacent to lands dedicated as Open Space for Lots
16 to 21 and Block 27.
35. The Owner agrees to dedicate the Open Space Block 28 to the Municipality of
Clarington free and clear of all encumbrances and in a form satisfactory to the
Municipality's solicitor.
36. The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing Fees and
Technical Review Fees as per the approved Authority Fee Schedule.
37. The Owner shall satisfy all requirements, financial and otherwise, of the
Municipality of Clarington. This shall include, among other matters, the execution
of a subdivision agreement between the Owner and the Municipality of Clarington
concerning the provision and installation of roads, services, drainage, other local
services and all applicable internal and external works and services related to
this proposal.
38. The Owner shall provide for the extension of such sanitary sewer and water
supply facilities which are external to, as well as within, the limits of this plan that
are required to service this plan. In addition, the Owner shall provide for the
extension of sanitary sewer and water supply facilities within the limits of the plan
which are required to service other developments external to this subdivision.
Such sanitary sewer and water supply facilities are to be designed and
constructed according to the standards and requirements of the Regional
Municipality of Durham. All arrangements, financial and otherwise, for said
extensions are to be made to the satisfaction of the Regional Municipality of
Durham, and are to be completed prior to final approval of this plan.
39. Prior to entering into a subdivision agreement, the Regional Municipality of
Durham shall be satisfied that adequate water pollution control plant and water
supply plant capacities are available to the proposed subdivision.
40. The Regional Municipality of Durham shall be satisfied that sanitary sewer and
water supply services have been installed, or shall be installed, in the
abutting/adjacent plan of subdivision S-C-2004-0002.
41. The Owner shall grant to the Region of Durham, any easements required for
provision of Regional services for this development and these easements shall
be in location and of such widths as determined by the Region of Durham.
42. The Owner shall satisfy all requirements, financial and otherwise, of the Regional
Municipality of Durham. This shall include, among other matters, the execution of
a subdivision agreement between the Owner and the Region concerning the
provision and installation of sanitary sewers, water supply, roads and other
regional services.
43. Prior to commencing any work within the Plan, the Owner must confirm that
sufficient wire-line communication and telecommunication infrastructure is
currently available within the proposed development to provide communication
and telecommunication service to the proposed development. In the event that
such infrastructure is not available, the Owner may be required to pay for the
connection to and/or extension of the existing communication and
telecommunication infrastructure. If the Owner elects not to pay for such
connection to and and/or extension of the existing communication and
telecommunication infrastructure, the Owner shall be required to demonstrate to
the Municipality that sufficient alternative communication and telecommunication
facilities are available within the proposed development to enable, at a minimum,
the effective delivery of communication and telecommunication services for
emergency management services (i.e. 911 Emergency Services).
44. The Owner shall agree in the Agreement, to grant the telecommunications
provider any easements that may be required for telecommunication services.
Easements may be required subject to final servicing decisions to the satisfaction
of the Director of Engineering Services. In the event of any conflict with existing
telecommunication facilities or easements, the Owner shall be responsible for the
relocation of such facilities or easements.
45. The Owner agrees to coordinate the preparation of an overall utility distribution
plan to the satisfaction of the Director of Engineering Services.
46. The Owner shall ensure that all natural gas distribution systems are installed
within the proposed road allowances.
47. The subdivision agreement between the Owner and the Municipality of
Clarington shall contain, among other matters, the following provisions:
a) The Owner agrees to include provisions whereby all offers of purchase
and sale shall include information that satisfies Subsection 59(4) of the
Development Charges Act, 1997.
b) The Owner agrees to fulfill the requirements of the Master Drainage Study
as they apply to this site to the satisfaction of the Municipality of Clarington
Director of Engineering Services and Central Lake Ontario Conservation
Authority.
c) The Owner agrees to carry out the works referred to Conditions 7, 32-36
to the satisfaction of the Central Lake Ontario Conservation Authority.
d) The Owner agrees to maintain all stormwater management and erosion
and sedimentation control structures operating and in good repair during
the construction period, in a manner satisfactory to the Central Lake
Ontario Conservation Authority.
e) The Owner agrees to advise the Central Lake Ontario Conservation
Authority 48 hours prior to commencement of grading or the initiation of
any on-site works.
f) The Owner shall notify prospective purchasers of:
• The Municipality's parking regulations; and
• Limitations with respect to on-street parking.
Notification shall be provided as a separate printed notice attached to
each Offer of Purchase and Sale Agreement to the satisfaction of the
Director of Planning Services.
g) The Owner agrees to place the following in all agreements of purchase
and sale between the Developer and all prospective home buyers:
"Warning: An existing and operating auto-wrecker use or uses is located
on lands adjacent to this plan of subdivision and such use or uses could
expand or intensify in the future with the result that the Ministry of
Environment's Land Use Compatibility Guideline D-6 for such use or uses
is no longer satisfied."
48. Prior to final approval of this plan for registration, the Director of Planning
Services for the Municipality of Clarington shall be advised in writing by:
a) Central Lake Ontario Conservation Authority, how Conditions 7, 32-36,
47(b), (c), (d), and (e) have been satisfied; and
b) Durham Regional Planning Department, how Conditions 1, 3, 6, 28, 38-42,
and 47(g) have been satisfied.
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within six years of the draft approval
date, and no extensions have been granted, draft approval shall lapse and the
file shall be CLOSED. Extensions may be granted provided valid reason is given
and is submitted to the Director of Planning Services for the Municipality of
Clarington well in advance of the lapsing date.
2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to
final approval. The Planning Act provides that draft approval, may be withdrawn
at any time prior to final approval.
3. All plans of subdivision must be registered in the Land Titles system within the
Regional Municipality of Durham.
4. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies
in order to facilitate their clearance of conditions for final approval of this plan.
The addresses and telephone numbers of these agencies are:
a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue,
Oshawa, Ontario, LIH 3T3 (905) 579-0411
b) Durham Regional Planning Department, 605 Rossland Road East, P.O.
Box 623, Whitby, ON L1 N 6A3 (905) 668-7721
ATTACHMENT 2
TO REPORT PS13-019-14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-
being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for
the Corporation of 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 Corporation of the Municipality of
Clarington for ZBA 2009-0021;
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 designations from:
"Agricultural (A) Zone" to "(H) Holding - Urban Residential Exception ((H)R2-66)
Zone";
"Environmental Protection (EP) Zone" to "(H) Holding - Urban Residential
Exception((H)R2-66)Zone"; and
"Agricultural (A)Zone"to"Environmental Protection (EP)Zone"
as illustrated on the attached Schedule"A" hereto.
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 passed in open session this 24th day of March, 2014.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2014- ,
passed this day of , 2014 A.D.
>>>
.•,•:,,;,;,. :; ; Zoning Change From"A"To"(H)R2-66"
-Zoning Change From"EP"To"(H)R2-66"
Zoning Change From"A"To"EP"
Zoning To Remain"A"
Zoning To Remain"EP"
Q
Q BROOME V
w
W
Adrian Foster,Mayor
J JJJ aN>
JJJ>NJ>
D
Patti L.Barrie Municipal Clerk
— w
ORE R
Lp
0
_ rc
i
7
f N
1 _ z
E AVEN
G O >
BERT HO /V
a UTMTM
Courtice & Z09.0 021
DULE 4