HomeMy WebLinkAboutPSD-013-06
Clcg-!lJgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, February 6,2006
Report #:
PSD-013-06
File #: ZBA 2005-0044 and
18T-88051
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Subject:
REZONING AND AMENDMENT TO DRAFT APPROVED PLAN OF
SUBDIVISION 18T-88051 TO PERMIT THE DEVELOPMENT OF
13 RESIDENTIAL UNITS
APPLICANTS: 2075568 ONTARIO INC. AND MIDDLE ROAD
DEVELOPMENTS
RECOMMENDA TIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-013-06 be received;
2. THAT the amendment to Draft Approved Plan of Subdivision 18T-88051, submitted by
2075568 Ontario Inc. be APPROVED subject to the conditions contained in Attachment
3;
3. THAT the rezoning application submitted by 2075568 Ontario Inc. and Middle Road
Developments be APPROVED and that the proposed Zoning By-law contained in
Attachment 4 to this Report be passed;
4. THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time
that the applicant has entered into a subdivision agreement;
5. THAT the Mayor and Clerk be authorized by By-law, to execute an amendment to
Subdivision Agreement between the Owner and the Municipality of Clarington at such
time as the agreement has been finalized to the satisfaction of the Directors of
Engineering Services and Planning Services;
6. THAT a copy of this Report and Council's decision be forwarded to the Region of
Durham Planning Department; and
REPORT NO.: PSD-013-06
PAGE 2
7. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: ~
Davi . Creme, M.C.I.P., R.P.P.
Director of Planning Services
lW/CP/DJC/df
31 January 2006
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Reviewed by:(-J~-~
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
REPORT NO.: PSD-013-06
PAGE 3
1.0 APPLICATION
1.1 Applicants: 2075568 Ontario Inc. and Middle Road Developments
1.2 Agent:
The Biglieri Group
1.3 Amendment to Draft Approved Plan of Subdivision:
From: A total of 87 lots consisting of 63 single detached lots, 12 semi-
detached lots for 24 units, 4 blocks for part lots, a park block, several open
space blocks and various blocks for reserves and road widenings.
To: A total of 89 lots consisting of 71 single detached lots, 9 semi-
detached lots for 18 units, 7 blocks for part lots, a park block, several open
space blocks and various blocks for reserves and road widenings.
1.4 Amendment to Zoning By-law:
From: "Holding - Urban Residential Type One ((H)R1)" and "Holding -
Urban Residential Exception ((H)R2-8)
To: Permit the proposed amendment to the Draft Approved Plan of
Subdivision.
1.5 Site Area: 1.07 hectares (2.64 acres)
2.0 LOCATION
2.1 The subject lands are located north of Longworth Avenue, west of Scugog Street and
south of Mill Lane and West Scugog Lane (Attachment 1).
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The lands subject to the amendments are currently vacant. The site consists of portions
of two subdivision plans (18T-88051 and 18T-87086). The lands within 18T-87086 are
a triangular shaped parcel and have been registered as Block 99 of 40M-2225. The
majority of the lands within 18T-88051 are located south of Longworth Avenue and have
been registered in two phases. The lands subject to this application are located north of
Longworth Avenue (Attachment 2).
REPORT NO.: PSD-013-06
PAGE 4
3.2 Surrounding Uses:
North
St. Stephens High School, vacant residential lots on West Scugog Lane
and existing residential dwellings on Mill Lane
Residential dwellings under construction
Vacant medium density residential land with residential dwellings to the
east
Open space lands associated with the Bowmanville Creek valley
South -
East
West
4.0 BACKGROUND
4.1 On September 8,2005, Staff received:
. applications to amend Zoning By-law 84-63;
. applications to amend both Draft Approved Plan of Subdivisions 18T-87086 and
18T-88051; and
. an application to remove the holding symbol.
The applicant wished to revise a portion of the Draft Approved Plan of Subdivision 18T-
88051 to permit the development of eight (8) lots and seven (7) blocks for fifteen (15)
single detached dwellings, rather than three (3) lots and four (4) blocks for twelve (12)
semi-detached dwellings. The closed portion of Scugog Street is to be into the
development.
4.2 Through a detailed review of the application to amend Draft Approved Plan of
Subdivision 18T-87086, it was determined that the subject lands have already been
registered as a Block within Plan 40M-2225. Lands within a registered plan can not be
the subject of an amendment to draft approval. The applicant has withdrawn the
application to amend the Draft Plan of Subdivision for 18T -87086. A Part Lot Control
application has been submitted to divide the registered block to correspond with the
.proposed Blocks within 18T-88051. The part lot control application will be dealt with in
the future as the lands within 18T-88051 are registered.
4.3 The Region of Durham issued Draft Approval for Plan of Subdivision 18T-88051 on
September 11, 1990. It was subsequently amended three times on January 25, 1991,
October 25, 1994 and December 17, 1998. The area subject to this application was
approved for three (3) lots for six (6) semi-detached dwellings and four (4) blocks for
part lots to be developed in conjunction with the lands in 18T-87086 and a portion of the
Scugog Road road allowance.
4.4 On September 26, 2005, Council adopted a by-law authorizing a portion of a road
allowance (Scugog Road) to be closed and conveyed to the applicant. The closed
portion of the road allowance is proposed to be included within the boundary of 18T-
88051 as shown on Attachment 2.
REPORT NO.: PSD-013-06
PAGE 5
5.0 PROVINCIAL POLICY STATEMENT
5.1 The applications are consistent with the Housing Policies contained in Section 1.4 of the
2005 Provincial Policy Statement. Planning authorities are required to provide for a
range of housing types and densities with a ten year supply of lands which are
designated; and a three year supply of zoned and serviced lands within draft approved
and registered plans. Land and unit supply is to be based on, and reflect population
and unit allocations which are identified within the Municipality of Clarington Official
Plan. New housing is to be directed to locations where infrastructure and public
services are available.
6.0 OFFICIAL PLAN CONFORMITY
6.1 Durham Reaion Official Plan
The lands are designated Living Area within the Durham Region Official Plan. The
predominant use of the lands within the Living Area designation shall be for housing
purposes. The proposed uses conform to this plan.
6.2 Clarinaton Official Plan
In the Clarington Official Plan, the subject lands are designated Urban Residential. The
lands are within the Knox Neighbourhood, which has a population allocation of 5400
and a housing unit target of 1900. The Official Plan states that residential
neighbourhoods shall be designed in accordance with seven criteria, including the
provision of a grid street system and a high quality urban environment along arterial
roads where reverse lotting and acoustical fencing is discouraged. The proposed uses
generally conform to the plan.
7.0 ZONING BY-LAW
7.1 Within the Comprehensive Zoning By-law 84-63, as amended, the lands are zoned
"Holding-Urban Residential Type One ((H)R1)" and "Holding-Urban Residential
Exception ((H)R2-8)". A zoning by-law amendment will be required to implement the
proposed draft plan amendment and impending part lot control application.
8.0 PUBLIC MEETING AND SUBMISSIONS
8.1 A statutory Public Meeting was held on November 14, 2005. No one spoke in
opposition to or in support of the application. As of the writing of this report, Staff had
received one general inquiry about the application from a resident who resides in the
vicinity. No objection to the application was expressed.
REPORT NO.: PSD-013-06
PAGE 6
9.0 AGENCY COMMENTS
9.1 The Clarington Engineering Services Division, Clarington Emergency and Fire Services
Division, Veridian Connections, Enbridge Gas Distribution, Canada Post, Bell Canada,
Rodgers Cable, Canada Mortgage and Housing Corporation and the Central Lake
Ontario Conservation Authority have offered no comments or objections to the proposal.
9.2 The Region of Durham Planning Department offered no objection to the proposal. The
Phase 1 Environmental Site Assessment Report conducted for the subject property by
Golder Associates Ltd., dated October 2005, identified no issues of potential
environmental concern.
The draft conditions for 18T-88051, provided on March 21, 1990, are still applicable.
Condition 1 is to be amended to correspond with the revised plan. These conditions are
to be complied with prior to clearance by the Region for registration.
1 0.0 STAFF COMMENTS
10.1 Kelman Place and Vesna Court has been planned and approved as a cul-de-sac.
Given its limited infill nature, there is no opportunity to improve the connectivity as a
more grid-like system.
10.2 In order for the Block registered within 18T-87086 to be divided to correspond with the
Blocks within 18T-88051, a Part Lot Control application is required. The existing
subdivision agreement contains all necessary provisions to allow development of these
lands.
10.3 The Noise Study submitted in support of the application recommends a 2.2 metre high
acoustic fence for two lots backing onto Longworth Avenue closest to the intersection,
as well as all lots backing onto Middle Road. Although both roads are designated as
Type 'C' arterial roads, traffic counts provided to the Noise Consultant by the Region of
Durham and Clarington Engineering Services Division revealed that car traffic would be
slightly greater on Longworth Avenue and truck traffic would be greater on Middle Road.
These predicted traffic counts resulted in greater predicted sound levels for the lots
backing onto Middle Road, hence the difference in noise attenuation.
10.4 The Official Plan policies generally discourage reverse lotting and acoustical fencing
along arterial roads. As noted previously, given the previous approvals and the infill
nature of the development there is no opportunity to avoid the reverse lotting. The lots
at the end and south side of Vesna Court back onto arterial roads which creates the
need for an acoustic fence along the rear yards to mitigate the impact of noise
generated from traffic. This will result in a minimum 2.2 metre high walled streetscape at
a prominent intersection.
10.5 In order to help mitigate the appearance of this walled streetscape staff have required
landscape blocks to be dedicated to the Municipality of Clarington along both Middle
REPORT NO.: PSD-013-06
PAGE 7
Road and Longworth Avenue. Due to shallow lot depths the block along Longworth
Avenue will be 2.5 metres and the blocks along Middle Road will be 3.0 metres. These
blocks will provide adequate space for planting coniferous trees to help break up the
expansive noise wall and improve the urban environment. The indentation in the
boulevard will ensure that the position of the trees will not hinder Operations Services
staff while doing routine boulevard maintenance. Coniferous trees require little
maintenance and will provide colour throughout the year. A condition of approval
requires the submission of a landscape that will include planting in these blocks and at
the intersection.
To further address staffs concern regarding the acoustical fence, in addition to agreeing
to provide the landscape blocks, the applicant's proposed the acoustical fence be
constructed with masonry pillars. Staff support this feature and will review the fence
design details with the applicant to ensure the fence is provides a higher design
standard for this prominent intersection.
10.6 The Finance Department has indicated that the taxes are up to date for the subject
properties.
11.0 RECOMMENDATIONS
11.1 Prior to scheduling a recommendation report to Committee and Council on a draft plan
of subdivision application, a list of the proposed conditions of draft approval were
submitted to the applicant for their review and concurrence with the same. The purpose
of this exercise is to determine if there are any conditions of draft approval that the
applicant does not agree with and that they be identified for further discussion purposes.
The applicant has provided concurrence with the attached Conditions of Draft Approval.
11.2 In consideration of the comments received from circulated agencies and review of the
proposal, staff recommend:
. Approval of the amendment to Draft Approved Plan of Subdivision 18T-88051, as
contained in Attachment 2, subject to the conditions contained in Attachment 3; and
. Rezoning the subject lands within the plan of subdivision, as contained in
Attachment 4.
Attachments:
Attachment 1 - Key Map Amendment to Draft Approved Plan
Attachment 2 - Plan of Subdivision 18T-88051, as redlined
Attachment 3 - Conditions of Draft Approval
Attachment 4 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
2075568 Ontario Inc.
Middle Road Developments Inc.
The Biglieri Group
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Bowmanville Key Map
Attachment 1
To Report PSD-013-06
BLOCK 41
(ROAD WIDENING)
BLor.K 40
(0-"" RESERVE)
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ZBA 2005-0044
ZONING BY-LAW AMENDMENT
Owner: 2075568 Ontario Inc. and
18T -88051
DRAFT PLAN OF SUBDIVISION
Owner: 2075568 Ontario Inc. and
18T -87086
DRAFT PLAN OF SUBDIVISION
Owner: Middle Road Developments Inc.
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To Report PSD-013-06
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Attachment 3
To Report PSD-013-06
Revision No.3 to Draft Approved Plan of Subdivision 18T -88051
REVISED CONDITIONS OF DRAFT APPROVAL
Condition No, 1 is deleted and replaced with a new Condition NO.1 as follows:
"1. That this approval applies to Draft Plan of Subdivision 18T-88051, prepared by
G,M Sernas & Associates Ltd" identified as Project No. 94006 approved on
September 11, 1990, as amended on October 25, 1994 and December 17, 1998,
is further amended in accordance with Drawing 2592 dated August 23, 2005 and
revised on January 16, 2005 prepared by The Biglieri Group Ltd, which illustrates
71 lots for 71 single detached units, 9 lots for 18 semi-detached units, 7 Blocks
for part lots, a park block, several open space blocks, and various blocks for
reserves and road widenings."
Condition No, 4 is deleted and replaced with a new Condition No, 4 as follows:
"4, That Blocks 91 to 93, and 108 be dedicated as public highway(s) for the purpose
of widening Mill Lane and Scugog Streets,"
Condition Nos, 7, 14, 18 and 19 are deleted in their entirety and the existing conditions are re-
numbered accordingly.
The original Condition No. 13 is deleted and replaced with a new Condition No, 12 as follows:
"12. 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 include
coniferous plantings within Block 108 and within the Boulevard area adjacent to
Block 102. The noise fence is to be designed with enhanced detailing, The
Landscaping Plan shall reflect the design criteria of the Municipality as amended
from time to time,"
The following new conditions are added after Condition No, 22 as renumbered:
"23. 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."
"24. 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 deposit as may be required by the Municipality."
"25. 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."
"26. Prior to final approval, the proponent shall engage a qualified professional to
carry out to the satisfaction of the Ministry of Citizenship, Culture and Recreation,
an archaeological assessment of the entire property and mitigate, through
preservation or resource removal and documentation, adverse impacts to any
significant archaeological resources found. No demolition, grading or other soil
disturbances shall take place on the subject property prior to the Ministry of
Citizenship, Culture and Recreation confirming that all archaeological resource
concerns have been met including licensing and resource conversation
requirements,"
"27. That the Owner shall provide and install sidewalks, street lights, temporary
turning circles etc, as per the Municipality's standards and criteria."
"28, That the Owner shall cause all utilities, including, hydro, telephone, Cable TV,
etc. to be buried underground."
"29. Prior to anyon-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 storm water flow from the site, including
use of storm water techniques which are appropriate and in accordance
with the provincial guidelines. The storm water management facilities must
be designed and implemented in accordance with the recommendations of
The Master Plan;
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
d) on-site groundwater conditions and contributions to the base flow of
Creek, and necessary measures to maintain these contributions."
The original Condition No. 28 is deleted and replaced with a new Condition No, 30 as follows:
"30. 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) The Region of Durham, how Conditions 18, 19, 21 and 26 have been
satisfied;
b) Central Lake Ontario Conservation Authority, how Conditions 10, 11, 15. 16,
17,22 and 29 have been satisfied,"
Note NO.4 is deleted and replaced with a new Note NO.4 as follows:
"4, If final approval is not given to this plan within three 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."
Note NO.5 is deleted and replaced with a new Note No, 5 as follows:
"5. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement shall 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) Region of Durham Planning Department, 605 Rossland Road East, P.O,
BOX 623, Whitby, Ontario, L 1 N 6A3 - (905) 668-7711.
b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue,
Oshawa, Ontario, L 1 H 3T3 - (905) 579-0411."
Consolidated conditions of draft approval have been prepared as an attachment to this
amendment to summarize all amendments made to date. Also, please note that all
references to the Town of Newcastle have been replaced with the Municipality of Clarington,
and that the Central Lake Ontario Conservation Authority will clear the Ministry of Natural
Resources conditions of approval.
The other conditions remain unchanged,
CONSOLIDATED CONDITIONS OF DRAFT APPROVAL
Revised Draft Plan of Subdivision 18T-88051
Part Lot 11, Concession 2, Former Town of Bowmanville
1, That this approval applies to Draft Plan of Subdivision 18T-88051, prepared by G,M
Sernas & Associates Ltd., identified as Project No, 94006 approved on September 11,
1990, as amended on October 25,1994 and December 17, 1998, is further amended in
accordance with Drawing 2592 dated August 23, 2005 and revised on January 16, 2005
prepared by The Biglieri Group Ltd. which illustrates 71 lots for 71 single detached units,
9 lots for 18 semi-detached units, 7 Blocks for part lots, a park block, several open
space blocks, and various blocks for reserves and road widenings,
2, That the road allowances included in this draft plan shall be dedicated as public
highways,
3. That the road allowances included in this draft plan shall be named to the satisfaction
of the Regional Municipality of Durham and the Municipality of Clarington,
4, That Blocks 91 to 93, and 108 be dedicated as public highway(s) for the purpose of
widening Mill Lane and Scugog Streets,
5. That 0,3 metre reserve(s), shown as Blocks 85 to 90 on the draft plan, shall be
conveyed to the Municipality of Clarington,
6, That any deadends and/or open sides of road allowances created by this draft plan shall
be terminated in 0,3 metre reserve(s) to be conveyed to the Municipality of Clarington.
7. 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 at his expense, either connect the affected party to municipal water supply
system or provide a new well or private water system so that water supplied to the
affected party shall be of quality and quantity at least equal to the quality and quantity of
water enjoyed by the affected party prior to the interference.
8, That such easements as may be required for utilities, drainage and servicing purposes
shall be granted to the appropriate authorities,
9. That the land uses shown on the approved draft plan shall be placed in appropriate
zoning categories in a Zoning By-law passed by the Council of the Municipality of
Clarington in accordance with the Planning Act 1983, as amended,
10, That the Zoning By-law referred to in Condition 9 shall contain the appropriate
provisions to place in an EP zone and restrict any building or structure, other than those
necessary for flood or erosion control, on Blocks 81, 82, 83 and 84.
11, That Block 80 shall be dedicated to the Municipality of Clarington, and Blocks 81, 82, 83
and 84 shall be dedicated to the Central Lake Ontario Conservation Authority,
12. 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 include coniferous
plantings within Block 108 and within the Scugog Street Boulevard adjacent to Block
102. The noise fence is to be designed to include enhanced detailing, The
Landscaping Plan shall reflect the design criteria of the Municipality as amended from
time to time,
13. That the Owner submit to the Municipality of Clarington for review and approval, a
Master Drainage and Lot Grading Plan prepared by a professional engineer.
14, That the Owner submit to the Municipality of Clarington for review and approval, a Tree
Preservation Plan prepared by a qualified consultant.
15, That the Owner resubmit modified storm water management, drainage and erosion
control plans, acceptable to the Ministry of Natural Resources and the Central Lake
Ontario Conservation Authority.
16. That the Owner carry out a geotechnical/slope stability analysis to the satisfaction of the
Central Lake Ontario Conservation Authority.
17, That the Owner satisfy the Central Lake Ontario Conservation Authority that no lots
abutting Block 81 shall be flood-prone under the greater of Regional or 100-year storm
conditions,
18, That thee 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.
19. That 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,
20, That prior to final approval of this plan, 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 Town
concerning the provision and installation of roads, services, drainage and other local
services.
21. That prior to final approval of this plan, 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.
22. That the subdivision agreement between the Owner and the Municipality of Clarington
shall contain, among other matters the following provisions:
a) The Owner shall carry out, or cause to be carried out, to the satisfaction of the
Ministry of Natural Resources and Central Lake Ontario Conservation Authority, the
recommendations referred to in the report required in Condition 15,
b) The Owner shall carry out, or cause to be carried out, to the satisfaction of the
Central Lake Ontario Conservation Authority, the recommendations of the Northwest
Bowmanville Master Drainage Plan.
c) The Owner shall carry out, or cause to be carried out, to the satisfaction of the
Central Lake Ontario Conservation Authority, the recommendations of Condition 16.
d) That the Owner agrees to neither dredge, dam nor alter in any way the tributary of
Bowmanville Creek without prior written authorization from the Ministry of Natural
Resources according to the terms of the Lakes and Rivers Improvement Act.
e) That the Owner agrees to notify the Lindsay Ministry of Natural Resources office at
least 48 hours prior to the initiation of anyon-site developments.
23. 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.
24. 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 deposit as may be required by
the Municipality,
25, 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,
26. Prior to final approval, the proponent shall engage a qualified professional to carry out
to the satisfaction of the Ministry of Citizenship, Culture and Recreation, an
archaeological assessment of the entire property and mitigate, through preservation or
resource removal and documentation, adverse impacts to any significant archaeological
resources found. No demolition, grading or other soil disturbances shall take place on
the subject property prior to the Ministry of Citizenship, Culture and Recreation
confirming that all archaeological resource concerns have been met including licensing
and resource conversation requirements.
27, That the Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria,
28, That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc, to be
buried underground.
29, Prior to anyon-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 storm water flow from the site, including use
of storm water techniques which are appropriate and in accordance with the
provincial guidelines. [The storm water management facilities must be designed
and implemented in accordance with the recommendations of the Master Plan];
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
d) on-site groundwater conditions and contributions to the base flow of Creek, and
necessary measures to maintain these contributions.
30. 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) The Region of Durham, how conditions 18, 19,21 and 26 have been satisfied;
b) Central Lake Ontario Conservation Authority, how Cond itions 10, 11, 15, 16, 17, 22
and 29 have been satisfied;
NOTES TO DRAFT APPROVAL
1, As the Owner of the proposed subdivision, it is in your interest, as well as your
responsibility, to satisfy all conditions of draft approval in an expeditious manner.
2, All plans of subdivision must be registered in the Land Titles system within the Regional
Municipality of Durham,
3, When the municipality completes the preparation of the Zoning By-law referred to in
Conditions 9 and 10, said By-law must be circulated to the Central Lake Ontario
Conservation Authority and the Ministry of Natural Resources to facilitate clearance of
the above-noted Condition.
4, If final approval is not given to this plan within three 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,
5, Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement shall 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) Region of Durham Planning Department, 605 Rossland Road East, P.O. BOX
623, Whitby, Ontario, L 1 N 6A3 - (905) 668-7711.
b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario, L 1 H 3T3 - (905) 579-0411.
Attachment 4
To Report PSD-013-06
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2006
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 former Town of Newcastle to
implement ZBA2005-0044;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from "Urban Residential Type One (R1)", "Holding - Urban Residential
Type One ((H)R1)" and "Holding - Urban Residential Exception ((H)R2-8)" to "Holding-
Urban Residential Type Two ((H)R2)" and "Holding - Urban Residential Exception ((H)
R2-9)",
2. Schedule "AU attached hereto shall form part of this By-law.
BY-LAW read a first time this
day of
2006
BY-LAW read a second time this
day of
2006
BY-LAW read a third time and finally passed this
day of
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2005-
passed this day of , 2005 A.D.
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John Mutton, Mayor
Patti L. Barrie. Municipal Clerk
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