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HomeMy WebLinkAboutPSD-118-02 ; C!iJ!ilJglon REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 18, 2002 Y I J- Report #: PSD-118-02 File #: S-C-2002-001 (;11/ jl%2 -() J-- By-law #: SUbject: PROPOSED DRAFT PLAN OF SUBDIVISION APPLICATION APPLICANT: D.G. BIDDLE & ASSOCIATES ON BEHALF OF 1419345 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-118-02 be received; 2. THAT the application for proposed draft Plan of Subdivision S-C-2002-001, submitted by D. G. Biddle & Associates on behalf of 1419345 Ontario Limited be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 2; 3. THAT the Mayor and Clerk be authorized by by-law to execute on behalf of the Municipality a subdivision agreement with the applicant or any successor in title at such time as the agreement has been finalized to the satisfaction of the Director of Engineering Services and the Director of Planning Services; and 4. THAT the Region of Durham Planning Department and all other parties listed here to be forwarded a copy of this report and any delegations be advised of Council's decision. Submitted by: ~/)A_ ~~IF>, R.P.P, Director of Planning Services BR*L T*DJC*sh November 8, 2002 Reviewed by: U ~-ll(L:_ ~ Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 63) REPORT NO.: PSD-118-02 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: 1419345 Ontario Limited 1.2 Applicant/Agent D.G. Biddle & Associates 1.3 Proposed Draft Plan of Subdivision: To permit the development of a seven (7) unit plan of subdivision, consisting of single detached dwellings. 1.4 Area: 3.14 hectares (7.75 acres). 2.0 LOCATION 2.1 The proposed plan of subdivision is located in western Newtonville, north of Highway 2, east of Reid Road, south of Hill Street, and west of Ovens Road. The more formal location description is Part Lot 11, Concession 1, Former Township of Clarke (see Attachment 1). 3.0 BACKGROUND 3.1 On January 7, 2002 the Planning Services Department received an application for a proposed draft plan of subdivision. The subdivision application proposes to create seven (7) lots for single family detached dwellings. 3.2 Public notice was given by mail to each landowner within 120 metres of the property and four (4) public notice signs (one for each frontage) were installed on the lands. One inquiry was made by a neighbour. Concern was expressed that the plan of subdivision indicated seven (7) lots whereas the concept plan for the rezoning application previously filed illustrated six (6) lots. It was noted all relevant agencies such as the Durham Region Health Department were being circulated for comment on the seven (7) lot proposal. 636 REPORT NO.: PSD-118-02 PAGE 3 3.3 A Public Meeting for the proposed plan of subdivision was held on March 4, 2002. A resident to the immediate east of the proposal circulated a letter dated March 4, 2002 wherein she and her husband expressed their concerns and opposition to the proposal giving the following reasons: · when she bought the home she was advised that adjacent lands would be agriculturally zoned; · the development will generate too much traffic on a dirt road; · there are no sidewalks; · there will be trespassers that will interfere with feeding stations she has for animals; · requests fencing be installed to keep small children and dogs out of her property because of the pond; · this could be a hang-out for kids; · there will be too many driveways accessing the same road; and · the development will negatively affect property values. A resident immediately south of Highway 2 and the proposal noted the following concerns: · water run off onto her property; · water contamination since she has two (2) private wells on her property; · that an environmental impact and risk assessment study be undertaken; and · if she chooses to own livestock in the future, farming may be in jeopardy. No one spoke in support of the application. 4.0 LAND CHARACTERISTICS AND SURROUNDING USES 4.1 The site is currently used for agricultural purposes. In recent years it has been a hayfield. 4.2 The surrounding land uses are as follows: North: hamlet residential and agricultural South: Highway 2 and beyond, agricultural East: hamlet residential West: agricultural 637 REPORT NO.: PSD.118-02 PAGE 4 5.0 OFFICIAL PLAN CONFORMITY 5.1 The Durham Regional Official Plan designates the property as Hamlet. In Policy 13.3.5, new municipal water service to a Hamlet is intended for only the hamlet area delineated in the Area Municipal Official Plan. Municipal water service was extended to Newtonville in 1989. The property has been within the Hamlet of Newtonville since the 1980's. The application subject to complying with the relevant portions of Policy 13.3.9 would comply with the Regional Plan. 5.2 The Clarington Official Plan designates the property as Hamlet Residential. For the Hamlet of Newtonville, the Official Plan requires all development to be serviced by municipal water. Minimum lot size can be reduced provided an engineering study demonstrates the soil and groundwater conditions can support reduced lot sizes without causing contaminated soil or groundwater. Residential development is conditional upon available municipal water capacity and that there is no evidence of soil and groundwater contamination which cannot be mitigated. The proposed development will be serviced by municipal water and have lot areas in excess of 4, 000 m2 or 1 acre. Studies have been submitted that demonstrate there will be no soil and groundwater contamination. The application conforms. 6.0 ZONING BY-LAW COMPLIANCE 6.1 The property is zoned "Holding - Residential Hamlet ((H)RH)". The application would conform with the zoning provisions. The removal of the Holding (H) Symbol would occur when all the conditions of draft approval for the related plan of subdivision have been fulfilled. 7.0 AGENCY COMMENTS 7.1 The application was circulated to various agencies and other departments by the Planning Services Department. Comments and requested conditions of draft approval received to date are as follows. 7.2 The Separate School and Public School Boards requested adequate provIsion be made for sidewalks. The Engineering Services Department in responding advised the 638 REPORT NO.: PSD-118-02 PAGE 5 Municipality does not require the construction of sidewalks on cul-de-sac's within draft plans of subdivision unless the cul-de-sac provides access to a park or school siting. In this particular application all other sidewalks would be external to the limits of the draft plan and would be constructed by the Municipality through Development Charges. Sidewalks for Hill Street are not currently in the Development Charges Study. 7.3 Rogers Cable TV, Hydro One Networks Inc. and Enbridge Consumers Gas had no objections but some agencies provided conditions of draft approval. 7.7 The Durham Region Planning Department noted that the property is located within the Hamlet of Newtonville and that the proposed plan of subdivision would appear to conform to the Plan. The property is abutting Highway 2 and this leads to the potential for noise impacts from vehicular traffic. An acoustic report has been submitted to, and accepted by this Department to address the above noise source. Warning clauses and construction techniques (i.e: forced air heating and ducting sized to accommodate central air conditioning units) will be implemented through the conditions of draft approval. Noise attenuation fencing is not required along the Highway 2 frontage. A Phase 1 Environmental Site Assessment has been submitted in support of the plan of subdivision which indicates there is no contamination on the property. There are no other provincial interests or delegated review responsibilities for this application. Conditions of draft approval have been given. 7.8 The Regional Works Department noted municipal water supply is available to this site from the existing 200mm watermain on Highway 2 and Ovens Road. Frontage for Lots 1 and 2 is off of Reid Road. A 150mm watermain extension is required from Highway 2 northerly on Reid Road to service these lots. Regarding the water capacity allocation charge ($6,000.00/lot) the original landowner of the property paid to the Region a sum to secure capacity for five (5) lots. Two lots remain to be paid for at current rates. The watermain frontage charges (at current rates) are unpaid although 38.1 metres of frontage had previously been assessed and will be credited. All watermain connection charges at current rates are unpaid. Municipal sanitary sewer 639 REPORT NO.: PSD-118-02 PAGE 6 service is not available. Individual private waste disposal systems are required for this proposed subdivision. A 3.0 metres road widening (Block 9 in the proposed plan) and a 0.3 metre reserve (Block 10) along Durham Highway 2 from Ovens Road to Reid Road are to be conveyed to the Region. 7.9 A peer review of the applicant's hydrogeologic study has been completed by the Regional Health Department. The Region is satisfied that the site is capable of sustaining private waste disposal systems without adverse environmental impact on or off the site. 7.10 Clarington Engineering Services has no objections to the application proceeding to draft approval subject to their conditions addressing such matters as drainage and grading, road widenings, 0.3 metre reserves and servicing requirements consistent with Municipal practices. Their conditions are contained within Attachment 2 to this report. 7.11 The Ganaraska Region Conservation Authority stated its remaining concerns can be dealt with through the following two conditions of draft approval: a) A stormwater management design brief must be submitted to the Ganaraska Region Conservation Authority to demonstrate pre to post development flows are maintained. Given the sandy soils, the Authority would recommend infiltration trenches and/or improvements to the Reid Road ditch to provide minimal storage and the 720 mm X 480 mm CSP may need to be reviewed; and b) A sedimentation/erosion control plan must be submitted to the Ganaraska Region Conservation Authority. Of particular concern is the swale between Lots 1 and 2 and the Reid Road cross-culvert. Rock check dams may be necessary. 8.0 STAFF COMMENTS 8.1 The property is designated and zoned for hamlet residential uses. The holding symbol will remain in place until the conditions of draft approval have been fulfilled. The proposed plan of subdivision rounds out the built-up area of Newtonville within its hamlet boundaries, providing the hamlet with new housing stock. 640 REPORT NO.: PSD-118-02 PAGE 7 8.2 The outstanding items from the agency comments have been identified and addressed in the conditions of draft approval where appropriate. 8.3 The concerns raised by residents have been addressed as follows: i) Misunderstandina the lands were aariculturallv zoned The subject property has been within the Hamlet of Newtonville as designated in the Official Plan since the 1980s. The zoning to permit the development, "Holding-Residential Hamlet ((H)RH) Zone" has been in place since September 10,2001. ii) Increased traffic on a dirt road Ovens Road will be reconstructed to accommodate five (5) new residential lots. The reconstruction will include the road being widened, illumination will be installed and cul-de-sac provided at the south end with a proper terminus provided. The reconstruction will accommodate the traffic generated by the new homes. Iii) Drainaae concerns on the south side of Hiqhwav 2 As is the case with any plan of subdivision, this proposal will be subject to an approved detailed grading and drainage plan at the engineering stage. Staff have no concerns that cannot be adequately addressed through the standard process of finalizing the draft plan of subdivision. iv) Water contamination A hydrogeological report was prepared in 2001 for the associated rezoning. In the study it was noted no shallow flow was expected to flow south. Shallow flow would be associated with private waste disposal systems. It was also observed that the property could support eight (8) residential lots. During the plan of subdivision process this study was peer reviewed by an environmental consultant - Gartner Lee Limited. They confirmed the property could support 641 REPORT NO.: PSD-118-02 PAGE 8 seven (7) residential lots and that the assessment complies with the requirements of the Ontario Ministry of the Environment. Gartner Lee's recommendations were reviewed by the Regional Health Department. The Department was satisfied that the site is capable of sustaining private waste disposal systems without adverse environmental impact on or off the site. v) Use of property and barn for farminq Although a barn located on the property on the south side of Highway No.2 has not housed any livestock for a number of years, concern was raised as to its future use. The portion fronting onto Highway 2 is within the Hamlet of Newtonville and is designated Hamlet Residential. However, the property is currently zoned Agricultural (A) within the Municipality's Zoning By-law. The raising of livestock is a permitted use on lands so zoned. In recognition of the agricultural use of lands surrounding the subdivision site, a condition of draft approval will require a clause to be registered on title advising future owners of nearby agricultural operations. 9.0 CONCLUSION 9.1 The application has been reviewed in consideration of the comments received from area residents, the circulated agencies and the Clarington Official Plan and Zoning By- law. The applicant has agreed to the conditions of draft approval as contained in Attachment 2. In consideration of the comments contained in this report, staff respectfully recommends the proposed plan of subdivision, as contained in Attachment 1, be APPROVED subject to the conditions contained in Attachment 2. Attachments Attachment 1 Attachment 2 Location Map and Proposed Plan of Subdivision Conditions of Draft Approval 642 REPORT NO.: PSD-118-02 PAGE 9 Interested parties to be advised of Council's decision: 1419345 Ont. Ltd c/o John Annis Remax First Realty Ltd. 10 Sunray Street, Unit 23 Whitby, Ontario L 1 N 9B5 D. G. Biddle & Associates Limited 96 King Street East Oshawa, Ontario L 1 H 1 B6 Barbara Shetler 4404 Highway 2 Newtonville, Ontario LOA 1JO Bert and Helena Brasz 1705 Ovens Road Newtonville, Ontario LOA 1 JO Valerie Dostie 4383 Highway 2 Newtonville, Ontario LOA 1JO 643 ~ LOr 11, CONe e --- -.. ----- ~-- --- -'l .... - .J -.... -;.=.~ TYPICAL CROSS SECTION A-A OVENS ROAD ~- --- lime. - ~ '=uYl="l.':r'.::e-.W.::'OUl ,;1 I~' -INti AGIUCUlTUllftL ~ND ACANTLANDS 1L eCNC I ATTACHMENT 1 /.1]r to, C~e A ~ ~ . ' !~ i ~' ~. .0 -" ~ OTHER LANDS 0\,/1 BY APPLICNH "'~ " THE KING'S HIGH\lAY NO. 2 ....wo_ LOT LL. CONe l E:XISTlNGAGIlICULTURALL"NDS I 644 SC 2002-001 Subdivision Application 1419345 Ontario Limited D Single Family Detached Lots ATTACHMENT 2 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applied to draft Plan of Subdivision S-C-2002-001, Project No. 100001, prepared by D. G. Biddle & Associates Limited, plot dated November 16, 2001 showing Lots 1 to 7 inclusive, for single detached dwellings, Blocks 8 and 9 for road widening and Block 10 for 0.3 metre reserve and the Owner shall prepare the final plan on the basis of the above-mentioned approved Draft Plan of Subdivision. 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. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 3. That 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 Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 4. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan to the Director of Planning Services and to the Ganaraska Region Conservation Authority for review and approval, and that, the Draft Plan of Subdivision S-C-2002-001 must have regard for the recommendations in the Tree Preservation Plan. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 5. That the Applicant shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Engineering Services Department regarding the engineering and construction of all internal and external works and services related to this proposal. 6. That the Applicant must enter into a subdivision agreement with the Municipality that includes all requirements of the Engineering Services Department and the Ganaraska Region Conservation Authority regarding the engineering and construction of all internal and external works and services related to this development. 7. The owner shall convey a 3.048 metre road widening, shown as Block 9 on the draft plan, to the Region of Durham for the purpose of widening Regional Highway NO.2. 645 I , . 8. The Owner shall convey the 0.3 metre reserve, shown as Block 10 on the draft plan, to the Region of Durham. 9. The Owner shall submit plans showing the proposed phasing to the Region of Durham, for review and approval, if this subdivision is to be developed by more than one registration. 10. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the Region of Durham. 11. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to implement the recommendations of the report, entitled "Noise Impact Study for 1419345 Ontario Limited, Hamlet of Newtonville, File: S-C-2002-001 Municipality of Clarington", prepared by D.G. Biddle & Associates Limited, dated February 2002, which specified noise attenuation measures for the development. The measures shall be included in the subdivision agreement and must also contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study. 12. 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 that 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. 13. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water supply plant capacities are available to the proposed subdivision. 14. 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 subsurface sewage disposal systems, drilled wells, roads and other Regional services. 15. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to strictly adhere to the lot grading and servicing plan submitted by M.B. Carswell, P.Eng., D.G. Biddle & Associates Limited, Project Number 100001, DRG. LG-1, plot date March 1,2002. b) The Owner agrees to retain a qualified professional engineer who specializes in the design of private sewage systems. The engineer shall complete and provide 646 . . the design of individual private sewage systems to the Regional Health Department for approval. c) The Owner agrees that the design of the private sewage systems shall be in strict compliance with the Ontario Building Code standards for private sewage systems. Under the Ontario Building Code, the maximum permissible Total Daily Sewage Flow for individual sewage systems is 10,000Llday. d) The Owner agrees that the developer's engineer shall conduct on-site tests as required on the primary sewage system area for all lots. The engineer shall provide analysis of the soil tests describing grain size analysis coefficient of permeability and estimated percolation 'T' times to the Regional Health Department for review and approval. e) The Owner agrees that the developer's engineer shall site-supervise the installation of the private sewage systems and upon completion shall certify that the private sewage systems have been installed with the approved design and to the satisfaction of the Regional Health Department. In cases where the addition of sand fill is required for raised sewage systems, the engineer shall provide certification to the Regional Health Department that the proper amount and type of sand fill has been provided and constructed for the private sewage systems. f) The Owner agrees that there shall be no construction of accessory buildings or swimming pools in the prime and reserve tile bed areas, or in locations less than the minimum setbacks in accordance with the Ontario Building Code. g) The Owner agrees to implement those noise control measures recommended in the Noise Impact Study required in Condition 7. h) The Owner acknowledges and agrees to insert in all offers of purchase and sale a clause advising all future property owners of the agricultural use of lands surrounding the limits of draft plan of subdivision S-C-2002-001. 16. That the applicant must submit a Grading and Drainage Plan that is satisfactory to the Director of Engineering Services. The Plan must clearly illustrate how the subject development will impact upon the external drainage system and also demonstrate how the storm drainage water from the subject lands will be conveyed to a suitable outfall location. Any required improvements to the external drainage system must be indicated on the Plan. The Owner will be responsible for 100% of the cost of all external drainage improvements that form a connection between the subject lands and a suitable outfall location. 647 . . 17. That the owner must insert the following clause, in all purchase and sale agreements: (i) "The Owner of each lot within plan of subdivision S-C-2002/001 acknowledges and accepts that their grading may not conform to municipal guidelines and may carry flow from adjacent lots due to existing topography constraints. Each purchaser is to satisfy themselves with respect to the final grading of their lot." 18. That the owner will be responsible for 1 00% of the cost of the reconstruction of Ovens Road from Hill Street to the southerly limit of development as well as any other external works or services which are deemed necessary by the Director of Engineering Services to service this development. The applicant will be required to install street illumination on Ovens Road. An appropriate clause addressing the reconstruction and improvements that are required for Ovens Road must be included in the Subdivision Agreement. 19. The road dedication identified as Block 8 on the draft plan must be provided to the Municipality free and clear of any encumbrances and in a manner that is satisfactory to the Municipality's Solicitor. 20. The applicant must submit a Servicing Report that is satisfactory to the Director of Engineering Services. 21. That all works and services must be designed and constructed in accordance with the Municipality of Clarington DeSign Criteria and Standard Drawings, provisions of the Municipality Development By-law and all applicable legislation and to the satisfaction of the Director of Engineering Services. 22. That the applicant meets all the requirements of the Engineering Services Department, financial and otherwise. 23. That the Owner shall pay to the Municipality at the time of execution of the subdivision agreement, five percent (5%) cash-in-Iieu of parkland dedication for residential development. 24. 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. 25. 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 deposits as may be required by the Municipality. 640 , . 26. That the Owner shall adhere to architectural control requirements of the Municipality. 26. 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. 27. The owner is to coordinate the preparation of an overall utility distribution plan to the satisfaction of all affected authorities. 29. The streets are to be constructed in accordance with municipal standards. 30. The Owner shall grade all streets to final elevation prior to the installation of the gas lines, and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of Enbridge Consumers Gas. 31. All of the natural gas distribution system will be installed within the proposed road allowances. 32. A stormwater management design brief must be submitted to the Ganaraska Conservation Authority to demonstrate pre to post development flows are maintained. Given the sandy soil, the Authority would recommend infiltration trenches and/or improvements to the Reid Road ditch to provide minimal storage and the 720X480mm CSP may need to be reviewed. 33. A sedimentation/erosion control plan must be submitted to the Ganaraska Region Conservation Authority. Of particular concern is the swale between Lots 1 and 2 and the Reid Road cross-culvert. Rock check dams may be necessary. 649