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REPORT
PLANNING SERVICES
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File #: ZBA 2000-019, ZBA 2002-017
& PLN 17.9.6
Subject: ENVIRONMENTAL IMPACT STUDY-AUBURN LANE AND DARLINGTON BLVD.
PROPOSED REZONING APPLICATION -1276467 ONTARIO LTD. &
ASHTON DEVELOPMENT CORP. (CLARINGTON) LTD.
PART LOT CONTROL APPLICATION - ASHTON DEVELOPMENT CORP.
(CLARINGTON) LTD.
RECOMMENDATIONS:
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Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday June 3, 2002
Report #: PSD-055-02
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-055-02 be received;
2. THAT the Environmental Impact Study for the Darlington Boulevard and Auburn Lane
development proposals be received for information;
3. THAT the application to amend the Comprehensive Zoning By-law 84-63 of the former Town of
Newcastle, as amended, submitted by D.G. Biddle & Associates Limited on behalf of 1276467
Ontario Limited and Ashton Development Corp. (Clarington) Ltd., be APPROVED; that the By-
law contained in Attachment 4 be enacted, and that the (H) Holding prefix be for the 4 lots
comprised of 2 and 14, 3 and 15, 4 and 6 and 5 and 17 be removed by By-law once the erosion
control work is completed;
4. THAT the application to exempt lands from Part Lot Control to permit Block 80 10M-832 to be
divided into 10 blocks and a part block for a walkway be approved as contained in Attachment
5;
5. THAT the Durham Region Planning Department, and all interested parties listed in this report
and any delegation be advised of Council's decision; and
6. THAT Mr. Gordon Baker and Mr. Mark Linkie be thanked for their effort and time as area
representatives on the Steering Committee.
a' J. Crome, M.C.I.P., R.P.P.
Director of Planning Services
CP*L T*DJC*sn
May 27,2002
A~_
Reviewed bY:U ---.I. ~ -
Franklin Wu,
Chief Administrative Officer
Submitted by:
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVI~LE. ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830
. .
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REPORT NO.: PSD-055-02.doc
PAGE 2
1.0
1.1
Applicant:
APPLICATION DETAILS
1.2
1.3
Agent:
Rezoning:
1.4
Part Lot Control:
1.5
Area of Lots:
276467 Ontario Limited and Ashton Development Corp. (Clarington)
Ltd.
D.G. Biddle & Associates Limited.
From "Environmental Protection (EP)" and "(Holding) - Urban
Residential Type One - (H)Rl" to permit ten (10),15 metre minimum
frontage, single detached dwelling lots.
To allow the division of Block 80, 10M-832 into 10 blocks and a part
block for a 3.8 metre wide walkway.
5817 square metres.
2.0 LOCATION
2.1 The rezoning application applies to the lands fronting on the north side of Auburn Lane,
south of the Farewell Creek (Attachment 2). Should the rezoning be approved, it would
permit the development of ten residential lots. These lands are in part also subject to an
application for Part Lot Control (See Attachment 5).
3.0 BACKGROUND
3.1 On July 25, 2000, the Municipality of Clarington Planning Department received the
referenced Zoning By-law Amendment application. The subject lands are part of the
Penfound Neighbourhood in the Clarington Official Plan. The rezoning application
involves part of three separate parcels of land, including Block 80 of registered plan of
subdivision 10M-832. If approved, the rezoning would permit the creation of ten single
detached dwelling lots with frontages ranging from 17.8 to 20 metres. When plan of
subdivision 10M-832 was developed, servicing for Block 80 was stubbed for the lots
proposed through this rezoning.
3.2 The rezoning application triggered the need for an Environmental Impact Study (EIS).
Since the applicant acquired lands and submitted an application for Neighbourhood
Design Plan on the west side of the Farewell Creek, south of King Street, a consolidated
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REPORT NO.:PSD-055-02
PAGE 3
3.3
4.0
4.1
4.2
5.0
5.1
5.2
EIS was undertaken to examine the impacts of both developments. The process
followed and the results of the study are reviewed in Section 7 of this report.
Upon completion of the EIS report by the consultant, the applicant filed applications for
Part Lot Control and consent (severance) to create the proposed 10 lots on Aubum
Lane. The Land Division Committee is considering the consent applications at a special
meeting on June 5, 2002. A recommendation on the Part Lot Control application has
been included in the recommendations of this report.
EXISTING AND SURROUNDING USES
Existing Uses:
Surrounding Uses:
The subject land is currently vacant.
East- Existing residential fronting on Auburn Lane and
Worthington Drive.
West- Farewell Creek valley land.
South- Existing residential fronting on Aubum Lane.
North- Farewell Creek valley land.
OFFICIAL PLAN POLICIES
The Durham Region Official Plan designates the subject lands Living Area and Major
Open Space with indications of Environmentally Sensitive Areas. The predominant use
of land within the Living Area designation shall be for housing purposes. Development
within or adjacent to environmentally sensitive areas requires an environmental impact
study to be undertaken in consultation with the respective area municipality and at the
expense of the applicant.
Within the Clarington Official Plan the subject lands are located within the Penfound
Neighbourhood of the Courtice Urban Area and are designated Urban Residential and
Environmental Protection Area. The predominant use of land within the Urban
Residential designation shall be for housing purposes. The Environmental Protection
Areas identify the Municipality's natural environment. The ecological function of these
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REPORT NO.:PSD-055-02
PAGE 4
areas is to be preserved and protected. Map C - Natural Features and Land
Characteristics identifies the parcel as being adjacent to a cold-water stream and table
land woodlot.
5.3 The policies of Section 4 of the Plan require an Environmental Impact Study be
undertaken where development is within or adjacent to any of the above features. The
study undertaken determined that development of the proposed 10 lots can proceed
subject to conditions (the findings and recommendations of the EIS report are discussed
in section 7 of this report and contained in Attachment 3).
The applications for rezoning and removal of part lot control are deemed to conform to
the policies of both plans.
6.0 ZONING BY-LAW PROVISIONS
6.1 The subject lands are zoned "(Holding) Urban Residential Type One ((H)Rl)" and
"Environmental Protection (EP)". The EP zone would not permit the development of
residential dwelling units.
7.0 ENVIRONMENTAL IMPACT STUDY
7.1 In March 2001 Niblett Environmental Associates Inc. together with Geo-Logic Inc. were
retained by the Municipality, at the applicant's expense, to undertake an Environmental
Impact Study to review the proposed 10 lot development on the north side of Auburn
Lane as well as a Neighbourhood Design Plan submission for the lands east of
Darlington Blvd., south of Highway 2 and west of Farewell Creek. The lands which are
subject to the rezoning application are identified as the Aubum Lane Development
Proposal (Attachment 1). The lands on the west side of the Farewell Creek are referred
to as the Darlington Blvd. Development Proposal (Attachment 1).
7.2 A Steering Committee for the EIS was formed including a resident representative from
the Darlington Blvd. area, as well as a representative from the Auburn Lane area; staff
from Central Lake Ontario Conservation Authority; the applicant's agent; staff from the
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REPORT NO.:PSD-055.o2
PAGE 5
Municipality of Clarington Engineering Services and Planning Services Departments; and
the EIS consultants.
7.3 The purpose of the Environmental Impact Study was to determine if the proposed
developments should be permitted, and to determine, should it be established that the
development could proceed, what mitigation measures or conditions of approval are
required to allow the development to proceed. Among other matters the consultants
were requested to examine the functions and sensitivity of the Farewell Creek, its valley,
the tableland woodlot, and any other natural features on and adjacent to the proposed
development sites.
7.4 The 10 lots proposed on the north side of Auburn Lane back onto an area of the
Farewell Creek which is well used by area residents through a network of walking trails.
A portion of the valley wall north of the subject lots has experienced significant erosion
and contains a steep slope. The developer's engineer designed a slope stabilization
plan to prevent further erosion and stabilize the slope thereby allowing development of
lots along the Auburn Lane frontage. The EIS process included a number of Steering
Committee meetings, including on-site meetings; preparation and review of a draft EIS
report in August 2001; preparation, review and revisions to the proposed slope
stabilization plan for the Auburn Lane site, and grading plan for the Darlington Blvd. site;
release of the draft final EIS report April 2002; and an Open House held April 24, 2002 at
Mother Teresa Separate School, to present the findings of the study, and receive
feedback from area residents. A final report was completed in May 2002.
7.5 The findings of the EIS are as follows:
i) Fish and Fish Habitat
The Farewell Creek is a cold water fish habitat. The creek varies from 45 to 400
metres from the development proposed on the Darlington Blvd. site and 30 to 100
metres from the development proposed on the Aubum Lane site. Given the till
soils there should be no impact on groundwater recharge. The storm water
management plan will have to take measures to ensure that discharge to the
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REPORT NO.:PSD-055.o2
PAGE 6
creek does not increase the thermal fluctuations in the creek. In addition,
sediment control measures will be necessary to prevent sedimentation entering
the creek from any activity associate with either development.
ii) Vegetation
A tree preservation plan should be completed to identify measures necessary to
protect any trees to be retained on both sites. The Darlington Blvd. proposal is
primarily within an open field. Maintenance of the seep located within the valley
slope will ensure that the regionally rare pale jewelweed is not impacted. The
tableland forest on the Auburn Lane site is not significant for wildlife or supporting
rare species. However, they provide protection for the interior forest and trees
along the top of bank. Sealing the forest by planting coniferous and deciduous
trees will lessen the potential for impacts. In addition, the planting of trees and
shrubs on the stabilized slope will allow for the regeneration of a successional
forest and re-establishment of the connection to the valley forest cover.
iii) Birds
The development of the two sites will not have a significant impact on the bird
species present in the field communities. The Great-horned Owl is the only species
with a potential to be impacted, however, retention of the valley and tree cover will
continue to provide habitat for this species.
iv) Wildlife Corridors and Linkages
The proposed developments will not impact the use of the valley as a corridor for
the movement of wildlife and other functions in an urbanized area.
v) Restoration Potential
Development of these two sites will occur on areas currently used for walking trails
and access to the valley. The two developments will eliminate some of the random
access to valley. The effect will be less impact on the valley due to fewer access
points and associated disturbances. The stabilization and revegetation of the
eroded slope below Aubum Lane will reconnect the forest on this side of the valley.
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REPORT NO.:PSD.oSS-02
PAGE 7
vi) Valley Access
A single access point to the valley from Auburn Lane would replace four points
currently used. An existing well worn path is present along the top of bank above
the erosion scar. Additional trails or spurs off it are not anticipated. Signage and
education of local residents to the revegetation effort and stabilization plantings
would help minimize unnecessary disturbance.
7.6 Recommendations
The EIS Report supports the rezoning and neighbourhood design plan applications and
provides a total of 15 recommendations for the Natural Environment and 3
recommendations from a geotechnical perspective. The recommendations and
conditions, some of which were identified in the comments above, will be incorporated
into the requirements of the consent applications and an agreement with the Municipality
for the stabilization works. Section 8 - Recommendations of the EIS has been included
as Attachment No.3.
8.0 Public Meetings
8.1 A public meeting for the rezoning application was held September 18, 2000. A number
of people spoke at the public meeting expressing concern that lands currently zoned
Environmental Protection were being rezoned to permit residential development. Staff
also received several enquires that, although not objecting to the proposal, expressed
concern with respect to impact from the development on the environment. In addition, a
couple of callers noted the valley has a well used trail system and that any approval
should include a fenced access from Auburn Lane to the valley.
8.2 The Open House for Environmental Impact Study was attended by approximately 40
area residents over the course of the evening. Generally, the residents were concerned
that, should the proposed 10 lots on the north side of Auburn lane be permitted to
develop, the rear lot line of the new lots should be fenced and that sufficient area for a
walking trail be maintained between the rear lot line and the top of bank, and lastly that
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REPORT NO.:PSD.o55-02
PAGE 8
an access to the valley lands be maintained through the proposed lots. Comments were
raised by some residents that the proposed development will be destroying the natural
environment of the area and have a significant impact on the natural habitat.
9.0 AGENCY COMMENTS
9.1 In accordance with departmental procedures, the application was circulated to obtain
comments from other departments and agencies. The following departments/agencies
in providing comments, offered no objection or concerns with the application as filed:
. Clarington Fire Department
. Kawartha Pine Ridge District School Board; and
. Bell Canada
9.2 The Clarington Engineering Services Department advised they have no objection, in
principle, to the proposed rezoning application. They have reviewed the engineering
solution proposed by the applicant's consultants and are generally satisfied that the
development is viable and can proceed. The slope stability works are to be designed in
accordance with the recommendations of the Environmental Impact Study completed by
Niblett Environmental Associates Inc., or latest revision thereof, to the satisfaction of the
Director of Engineering Services.
Prior to any development occurring on the subject lands, the applicant will be responsible
to provide detailed engineering of the slope stability works, access details, restoration
work and landscape plantings as well as other development aspects including lot
grading, site servicing, boulevard trees and driveway entrance works, all to the
satisfaction of the Director of Engineering Services. The applicant will be required to
enter into an agreement for the provision of these works, to the satisfaction of the
Director of Engineering Services.
9.3 Regional Planning Staff provided a coordinated Regional response. They noted that the
policies of the Durham Regional Plan support the proposed residential development.
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REPORT NO.:PSD-055-02
PAGE 9
The proposal was also screened in consideration of provincial plan responsibilities. The
lands are assessed as having a high archaeological potential due to the proximity of the
Farewell Creek, therefore "an archaeological assessment may be necessary." Municipal
sanitary and water supply services are available to the site. The subject lands have
been "pre-stubbed" with municipal service connections as part of the development of
registered plan 10M-822.
9.4 Central Lake Ontario Conservation Authority staff reviewed the following documents in
support of the current application:
. Darlington Boulevard and Auburn Lane Development Proposals, Environmental
Impact Study. Niblett Environmental Associates Inc. May 2002.
. Farewell Creek Embankment Slope Stabilization at Auburn Lane. D.G. Biddle &
Associates Ltd. Drawing No. C-l, dated October 2001, latest revisions dated April
2002.
. Farewell Creek Embankment Slope Stabilization Cross-Sections and Details.
D.G. Biddle & Associates Ltd. Drawing No. XS-l, dated October 2001, latest
revisions dated April 2002.
An extensive slope stabilization scheme has been proposed to stabilize the existing
erosion scar located behind proposed lots two through five. CLOC staff completed a
preliminary review of the proposed stabilization works. Although detailed drawings have
not been submitted or reviewed, CLOC staff believe the current proposal is appropriate.
The Environmental Impact Study (EIS) has determined that the slope stabilization works
and subsequent development of the proposed lots along Auburn Lane will not have a
significant impact on the Farewell Creek valley provided the recommendations from the
study are employed. CLOC staff accept the conclusion and recommendation of the EIS.
The Conservation Authority has no objection to the rezoning in principle. Given the
extensive stabilization works that have yet to be completed, staff recommend that lots
two through five be put into a "H - Holding Zone" until the stabilization works have been
completed. The proponent's Engineer should also provide written authorization that the
653
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REPORT NO.:PSD-055-02
PAGE 10
works have been completed as per the submitted drawings prior to the lifting of the H -
Holding Zone.
10.0 STAFF COMMENTS
10.1 The land subject to the rezoning, including Block 80 a remnant block within registered
plan of subdivision 10M-832, are proposed to be developed as 10 single detached
dwelling lots with minimum lot frontages of approximately 18 metres (59 feet) and lot
area minimum of 540 square metres (5800 square feet). These lots are similar or larger
than existing development in the area.
10.2 The subject lands are adjacent to the Farewell Creek and associated valley. As noted
previously, the proposed lots back onto the Farewell Creek valley, a portion of which has
experienced severe erosion. The applicant has prepared a plan to engineer the slope
with armour stone at the creek edge, a 2 to 1 slope and a live crib wall to rehabilitate the
slope and permit the development of the proposed lots. Through the EIS process the
applicant's bank stabilization and proposed erosion control works were significantly
revised to minimize the disturbance on the balance of the treed valley slope.
10.3 The Farewell Creek valley is designated Environmental Protection Area. The lot line
between Block 80 of 10M-832, and the balance of the lands acquired since the
development of Plan of Subdivision 10M-832 forms the current boundary between the
Rl and the EP zone. Section 14.4 - Environmental Protection Areas of the Clarington
Official Plan states the precise limits of the Environmental Protection Areas shall be
detailed through the review of development applications in consultation with the
Conservation Authority. The Environmental Protection Area shall include a setback for
development. The setback shall be determined from top-of-bank and shall be based on
stable slope and sensitivity of the stream valley. In no case would the setback be less
than 5 metres in width.
10.4 The Environmental Impact Study considered the specifics of the proposed 10 lot
development on the adjacent natural features and determined that development could
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REPORT NO.:PSD-055.o2
PAGE 11
proceed based on a 10 metre setback from top-of-bank. The proposed severances will
maintain the 10 metre setback in all but one 'pinch point' location behind lot 5, where a 7
metre setback will be maintained. The proposed lots are consistent with and in keeping
with the character of the area. The north side of Auburn Lane is stubbed for municipal
water and sanitary services.
10.5 Plan of Subdivision 10M-832 received draft approval for Block 80 as a future
development block. The removal of Part Lot Control would facilitate dividing Block 80
into 11 blocks to be melded with blocks being created through the consent process to
permit the development of 10 single detached dwelling lots and a 3.8 metre access to
the valley land.
11.0 CONCLUSION
11.1 The Environmental Impact Study was undertaken as per the requirements of the
Clarington Official Plan. The study and its conclusions are supported by the Central
Lake Ontario Conservation Authority and the Municipality. As a result of the conclusions
and recommendations of the EIS, staff are in support of the rezoning to permit the
proposed 10 residential lots fronting on the north side of Auburn Lane and recommend
approval of the By-law as contained in Attachment 4. Removal of the "Holding (H)"
symbol would take place once the Owner has entered into and undertaken the required
bank stabilization and erosion control works necessary to permit the development to
proceed. Furthermore, staff support approval of a By-law exempting the Block 80 of
10M-832 from Part Lot Control. Staff recommends that the Part Lot Control By-law be in
force for a three (3) year period following Council approval, ending June 10, 2005.
Attachments:
Attachment 1 -
Attachment 2-
Attachment 3-
Attachment 4-
Attachment 5-
Environmental Impact Study - Key Map
Auburn - Application Details - Key Map
EIS - Recommendations
Proposed Zoning By-law
Proposed Part Lot Control By-law
655
REPORT NO.:PSD.o55-02
PAGE 12
Interested parties to be advised of Council's decision:
Glen Genge
D.G. Biddle & Associates Limited
96 King Street East
OSHAWA, Ontario
L1H lB6
Peter Reynen
90 Hemmingway Drive
COURTICE, Ontario
L lE 2C2
Jeff Brooks
4 Sagewood Avenue
COURTICE, Ontario
L 1 E 2Gl
Linda Scott
84 Robert Adams Drive
COURTICE, Ontario
L lE 3A5
Ron Weir
110 Auburn Lane
COURTICE, Ontario
L 1 E 2E9
Mark Linkie
30 Hemmingway Drive
COURTICE, Ontario
L 1 E 2C7
Libby Racansky
3200 Hancock Road
COURTICE, Ontario
L 1 E 2Hl
Gordon Baker
11 Darlington Blvd.
COURTICE, Ontario
L 1 E 2J8
Richard Jones
55 Hemmingway Drive
COURTICE, Ontario
L 1 E 2C6
Shirley Andrechuck
2 White Cliffe Court
COURTICE, Ontario
L 1 E 2E9
Kevin Segrif
91 Auburn Lane
COURTICE, Ontario
L 1 E 2E9
Dianne Trauzzi
123 Auburn Lane
COURTICE, Ontario
L 1 E 2E9
D.Bonchek
32 Hemmingway Drive
COURTICE, Ontario
L 1 E 2C7
Anne Haylock
13 Stirling Avenue
COURTICE, Ontario
L 1 E 1 X7
Norma Holdcroft
Century 21 Infinity Inc.
600 King Street East
OSHAWA, Ontario
L 1 H 1 G6
Wayne Bolahood
420 King Street
OSHAWA, Ontario
L lJ 2K8
Daryl Galea
15b Darlington Blvd.
COURTICE, Ontario
L lE 2J8
-656
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REPORT NO.:PSD.o55-02
PAGE 13
John Haig
49 Darlington Blvd.
COURTICE, Ontario
L 1 E 2J8
A & K Maenza
103 Auburn Land
COURTICE, Ontario
L 1 E 2E9
Ann Cowman
57 Darlington Blvd.
COURTICE, Ontario
L 1 E 2J8
A & S Loeb
79 Auburn lane
COURTICE, Ontario
L 1 E 2E9
Gerry Sumara
6 Worthington Drive
COURTICE, Ontario
L1E3A4
James Dunn
83 Auburn Land
COURTICE, Ontario
L lE 2E9
1276467 Ontario Limited
Ashton Development Corporation
(Clarington) Ltd.
1748 Baseline Road
COURTICE, Ontario
L 1 E 2Tl
Paul Broad
112 Auburn Land
COURTICE, Ontario
L 1E 2Gl
Linda Gasser
P.O. Box 399
ORONO, Ontario
LOB 1 MO
R & K Marishita
119 Auburn Court
COURTICE, Ontario
L 1 E 2E9
Ward Davis
66 Cherry Blossom Cr.
COURTICE, Ontario
L 1 E 1 G6
Gary Hammett
547 Crimson Crt.
OSHAWA, Ontario
L lJ 8E3
C&J Allan
122 Aubum Lane
COURTICE, Ontario
L 1 E 2Gl
Chuck Moore
114 Auburn Lane
COURTICE, Ontario
L 1 E 2Gl
Mark Williams
99 Auburn Land
COURTICE, Ontario
L 1 E 2E9
Friends of the Second Marsh
206 King Street East
P.O. Box 26066
OSHAWA, Ontario
L1H lCO
Brian Parsons
95 Auburn Land
COURTICE, Ontario
L 1 E 2E9
V & E Ho
96 Robert Adams Drive
COURTICE, Ontario
657
ATTACHMENT 1
DARLINGTON BLVD. DEVELOPMENT PROPOSAL
_ AUBURN LANE DEVELOPMENT PROPOSAL
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ATTACHMENT 3
Municipality of Clarington
EIS
8.0 Recommendations
8.1 Natural Environment
1. Due to the stabilization work proposed within this section of Farewell
Creek there may be a short term fish habitat alteration, disruption,
destruction (HADD). The plans for all works in or adjacent to the creek
should be submitted to the Central Lake Ontario Conservation Authority.
They can then make a determination if a fisheries compensation
agreement with the Department of Fisheries and Oceans is required. The
location and design of the stormwater outfall will also need to follow this
process.
2. Prior to approval of either development, stormwater management plans
must be prepared. For the Darlington Boulevard site the stormwater
management plan should also demonstrate how the seep area in
Community 3 and the associated plant community will be maintained.
Specifically this is a groundwater discharge zone and any stormwater
management system must maintain existing recharge/discharge functions
and not result in thermal warming of the creek. The pond should meet
MOE Level I water quality guidelines. The outfall will
3. In addition a detailed sediment and erosion control plan should be
developed for the site preparation, construction and post-construction
phases. The plan should incorporate measures to prevent sheet flow into
the valley.
3. Prior to site grading or clearing, a tree preservation plan should be
prepared for the lots within or abutting the forested areas and treed
fencerows. The report should recommend trees to be retained and
construction methods and techniques to minimize disturbance to the
retained trees, drip lines and overall health. Hazard trees should also be
identified.
660
Municipality of Clarington
EIS
4. A 10m minimum setback from the top of bank to the rear lot line be
implemented at the Darlington Boulevard site. A 10m setback from the
stable top of bank at the Auburn Lane site be established.-
5. Marking and installation offencing (silt and snow-fencing) along the 10
m setback line prior to any activities on-site is recommended to prevent
encroachment during construction. The fence should be installed as per
the erosion and sediment control plan drawings and inspected regularly
and maintained.
6. All soil and material stockpiles should be located a minimum of 15 metres
from the 10 m setback line (ie. 25 m from top of bank).
7. Storage, fueling and maintenance of construction equipment should occur
at least 15 metres from the from the 10m setback line (ie. 25 m from top
of bank).
8. Exposed soils and fill areas should be revegetated as soon as possible
after final grading to prevent erosion.
9. Landowners should be encouraged to preserve the natural vegetation on
their lot including forest edges and regenerating field habitat.
Landscaping using native trees and shrubs should also be encouraged to
enhance the wildlife habitat and foraging sites. Prior to the sale of these
lots the developer should prepare a brochure for homeowners which
outlines the nature of the sensitivity of the adjacent lands and the
responsibilities of the owner for environmental stewardship of these
natural resources.
10. Only native species should be used in the bank stabilization works and all
other vegetation plantings completed.
11. All instream works must be constructed in the dry by dewatering the work
661
, ,;
Municipality of Clarington
EIS
area and diverting or pumping the flows around the jersey barriers placed
at the limits of the work area. There should be no increase in water levels
upstream of the dewatered area.
--
12. Sediment laden dewatering discharge shall be pumped to a stilling basin
or filtering system well away from the water course and allowed to settle
and/or filter through the riparian vegetation before re-entering the
watercourse downstream of the construction area.
13. Flow dissipaters and/or filter bags, or equivalent, shall be placed at water
discharge points to prevent erosion and sediment release.
14. If a pedestrian access is created between lots on Auburn Lane to access
the valley, it should be located to tie in with existing random trail that
follows the top of bank.
8.2 Geotechnical
1. At the Auburn Lane site lots 2 to 5 should be developed only after the
proposed bank stabilization works (Biddle, 05 March 2002) are
implemented. The remainder of the lots in this development should utilize
setbacks from top of bank of at least 10m.
2. At the Auburn Lane site we recommend some form of safety feature be
immediately installed above the existing crest of the area of slope adjacent
to lots 2 through 5.
3. Lot set backs from top of slope in the Darlington Boulevard area are
recommended to be a minimum of 10m.
662
,
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2002-
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Municipality of Clarington
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 to
permit the development of ten single detached dwelling lots (ZBA 2000-019).
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:
"Environmental Protection (EP)" to "Urban Residential Type One - Holding
((H)R1)"; and "Urban Residential Type One - Holding ((H)R1)" to Environmental
Protection (EP)"
as shown 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 read a first time this
day of
2002
BY-LAW read a second time this
day of
2002
BY,LAW read a third time and finally passed this
day of
2002
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
663
ATTACHMENT 4
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This is Schedule "An to By-law 2002-
passed this day of . 2002 A.D.
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change from "(H)Rl"to "EP"
change from "EP"to "Rl"
change from "EP"to "(H)Rl"
change from "(H)Rl "to "Rl"
to remoin "(H)Rl"
John ~utton, Mayor
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Patti L. Barrie, Municipal Clerk
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LOT 34
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2002-
being a by-law to exempt a certain portion of Registered Plan 10M-832 from Part
Lot Control
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to exempt from Part Lot Control, Block 80, of 10M-832, registered at the Land
Title Division of Bowmanville.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those
lands described in Paragraph 2 within the By-law.
2. That this By-law shall come into effect upon being approved by the Municipality
of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to
the following lands:
a) Block 80, of 10M-832.
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be
force for a period of three (3) years ending on June 10, 2005.
BY-LAW read a first time this
day of
2002
BY-LAW read a second time this
day of
2002
BY-LAW read a third time and finally passed this
day of
2002
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
665
ATTACHMENT 5
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~ Lots Affected by Part Lot Control
Block 80, Plan 10M 832
ZBA 2000-019
666