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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