HomeMy WebLinkAboutPSD-118-02
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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
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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.
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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
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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
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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
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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.
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REPORT NO.: PSD-118-02
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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
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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
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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
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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.
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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
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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.
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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.
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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