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HomeMy WebLinkAboutPSD-076-06 ~n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 19, 2006 Report #: PSD-076-06 File #: S-C-2005-001 Bym#: c; - -f)97) - 0'" Subject: PROPOSED PLAN OF SUBDIVISION OWNER: SABINA INVESTMENTS INC. AND ANKARA REAL TV LIMITED (THE REMINGTON GROUP INC.) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-076-06 be received; 2. THAT the application for proposed draft Plan of Subdivision S-C-2005-001 submitted by Sernas Associates on behalf of Sabina Investments Inc. and Ankara Realty Limited be APPROVED, subject to the conditions as contained in Attachment 3; 3. THAT the Region of Durham Planning Department be forwarded a copy of this report and Council's decision; and 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: ~/lLjJ - lin Wu, f Chief Administrative Officer v (j . Crome, M.C.I.P., R.P.P. Dire or of Planning Services SAlCP/DJC/sh/df/jd 13 June 2006 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-076-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Agent: Sernas Associates 1.2 Owner: Sabina Investments Inc. and Ankara Realty Limited (The Remington Group) 1.3 Plan of Subdivision: 98 residential unit plan of subdivision comprised of 18 street townhouse units, 1 single detached unit and one (1) block consisting of 79 block townhouse units. 1.4 Site Area: 3.25 ha 2.0 LOCATION 2.1 The subject lands are located at 2 Church Street, Bowmanville, north of the Bowmanville Professional Building and other various commercial businesses fronting on King Street East (Attachment 1). The property is contained within Part Lot 10, Concession 1, in the former Town of Bowmanville. 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is vacant and has frontage along Galbraith Court. Some clearing of the subject lands has occurred to accommodate servicing required by the development of the addition to the Bowmanville Professional Building currently under construction. 3.2 Surrounding Uses: North: Lands associated with Vincent Massey Public School and the Bowmanville High School South: Bowmanville Professional Building, various commercial businesses all fronting on King Street East. East: Galbraith Court; medium density residential (on-street townhouses and link dwellings) West: Kingscourt Road townhouses and Vincent Massey Public School 4.0 BACKGROUND 4.1 This application was originally submitted on June 20, 2005. A number of comments were received from the public by letter, e-mail and phone. Their concerns centred largely on the development of the block containing townhouse units. To alleviate public concerns the owners hired a consultant to design the block townhouse units. Although application for site plan approval has not been submitted at this time the conceptual design illustrates how the land will be developed and how it will comply with existing REPORT NO.: PSD-076-06 PAGE 3 zoning. The conceptual site plan and elevation drawings are contained in Attachment 2. Discussion of these changes follows in Section 8.0. 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 (PPS). 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. New housing is to be directed to locations where infrastructure and public services are available. The PPS also states the infrastructure and public services shall be provided in a co-ordinated, efficient and cost-effective manner to accommodate project needs. 6.0 OFFICIAL PLAN POLICIES 6.1 Durham Recion Official Plan The lands are designated Living Area in the Durham Region Official Plan. Lands designated Living Area permit the development of residential area with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. 6.2 Clarincton Official Plan The lands are within the Bowmanville East Main Central Area Secondary Plan of the Clarington Official Plan. The East Business District Land Use schedule of the Secondary Plan designates the lands both High Density and Medium Density Residential. In addition the land use schedule identifies Church Street being extended from St. George Street to Galbraith Court and Simpson Avenue being extended northerly from King Street East to the Church Street extension. 6.3 The medium density policies allow for development with a net density of up to 60 units per net residential hectare with predominant housing form to include townhouses and low-rise apartments. The High Density designation applies to the lands generally north of the Church Street extension. This designation allows a density range of 40 to 100 units per net hectare. Predominant housing forms shall include townhouses, stacked townhouses and apartments up to 6 storeys. Parking for all residential units shall generally be located to the rear of the dwelling and may be accessed from a rear lane. 7.0 ZONING BY-LAW The subject lands are currently zoned "Urban Residential Type Three (R3)". Both the proposed on-street townhouses and block townhouse units are permitted in the R3 zone. The applicant intends to comply with the existing R3 zone provisions. REPORT NO.: PSD-076-06 PAGE 4 8.0 PUBLIC NOTICE AND SUBMISSION 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and public meeting notice signs were installed on the property at the Church Street and Galbraith Court frontages. 8.2 A number of inquiries were received prior to the public meeting and after the public meeting. No one spoke at the public meeting regarding this application. The inquiries received were regarding the following issues: · The existing traffic levels on Church Street, especially at the Church and Liberty Streets intersection, will be adversely impacted by the proposed 100 additional units; · The increased traffic on Galbraith Court will negatively affect the existing residents; · The noise levels will increase from the increase of traffic on Galbraith Court; · The intersection of Galbraith Court and King Street East appears to have a high incidence of traffic accidents. The increase in traffic will make this intersection more dangerous; · There will be an over abundance of medium density housing being built in the immediate area; · There were concerns with respect to future tenancy of the dwellings; · There is no inclusion of any parkland associated with the new development; and · Galbraith Court is not currently constructed at a wide enough width to handle the increase in through traffic volume. To address some of these concerns the owner retained a consultant to design the block townhouses located on the north portion of the application. Also, the applicant increased the area of the block, while decreasing the number of street houses. Although the total number of dwelling units remains similar, there will be fewer driveways with direct access to Church Street and no dwellings with direct driveway access to Galbraith Court. Several residents did attend the Planning Services Department front counter and seemed satisfied with the changes the owner had made to the applications and liked the proposed appearance of the townhouse units, although not satisfied with the fact that development was going to occur at all. 9.0 AGENCY COMMENTS 9.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. 9.2 Clarington Emergency Services and Rogers Cable have no objections to this proposal. 9.3 Durham Region Planning Department finds the application to be in conformity with the Regional Official Plan. Conditions of draft approval were provided to both Clarington REPORT NO.: PSD-076-06 PAGE 5 and the applicant and will need to be complied with prior to clearance by the Region for registration of this plan. 9.4 The Peterborough, Victoria, Northumberland and Clarington Catholic District School Board requests that adequate provision be made for sidewalks in this development. The Board has no other comments or concerns at this time. 9.5 Enbridge, Bell, and Veridian offered no objections to the proposal. Each agency provided standard conditions to be included in the Conditions of Draft approval. 9.6 Central Lake Ontario Conservation has no objection to the application and has provided conditions of draft approval for the proposed plan of subdivision. 9.7 Clarington Engineering Services has reviewed the application and finds the On-Street Parking Plan to be satisfactory. Earlier comments from Engineering Services indicated that draft approval would not be recommended until a second access was available to the development; either Church Street extended westerly through to St. George Street or Simpson Avenue extended northerly to Church Street. The Municipality of Clarington has now purchased the dwelling at 1 St. George Street which will allow for the extension of Church Street eastward from St. George Street. However development cannot proceed until the Municipality has approved the expenditure of funds for the construction of the Church Street extension and the reconstruction of the Church StreetlSt. George Street intersection. There is a significant Copper Beech tree currently shown in the Church Street road allowance. Every effort shall be made by the applicant to preserve this tree and this is a condition of draft of approval. 1 0.0 STAFF COMMENTS 10.1 The application is for an infill development of 98 townhouse units surrounded by existing institutional uses (Bowmanville High School, Vincent Massey Public School), existing residential uses (Kingscourt Road and Galbraith Court) and existing retail and office commercial uses on King Street East. The lands shown as "Other land Owned By Applicant" are part of a recent site plan approval for a significant expansion to the Bowmanville Professional Building. The owners of the Professional Building have entered into an agreement with respect to the acquisition of these lands for additional required parking. 10.2 The proposal provides an alignment for part of both the Church Street extension to Galbraith Court and the Simpson Avenue extension north of King Street East. As noted with the initial application and report in September 2005, the subdivision cannot proceed until such time as there are two (2) access points. The Municipality of Clarington has purchased 1 St. George Street which was located in the proposed road allowance of the Church Street extension. The applicant has revised their drawings to eliminate the REPORT NO.: PSD-076-06 PAGE 6 temporary turning circle just west of the intersection of Church and St. George Streets to show the connection of Church Street from in front of the Vincent Massey Public School property to Galbraith Court. Construction of this portion of the road through 1 St. George Street and upgrades to the Church I St. George intersection are subject to the municipal approval of the expenditure of funds for these works. 10.3 The subject lands have historically had approval for medium density development based on a private road network and one access to King Street East. Approvals for townhouse development of these lands dates back to 1975. Development of these lands including transportation related issues was recently reviewed by the Municipality as part of the King Street East Corridor Study (2003), which recommended the Church Street and Simpson Avenue extensions and designated the lands for both medium and high density development. 10.4 Block 2 - Block Townhouses The proposed block townhouses, located on the northern portion of the site, will require site plan approval prior to development. A concept plan for the block townhouses was submitted by the applicant to the Municipality for review. This concept plan illustrated proposed architectural style, showed the proposed private internal road layout, private amenity areas for each unit and a common amenity area. The concept plan was generally considered adequate by staff and with some changes, the applicant will submit a formal site plan application at a later date. Detailed staff comments will be given at that time. 10.5 The site plan will examine in detail access to the block, parking, building layout, building design, landscaping, private and common amenity areas, lighting, waste disposal etc. The applicant has illustrated 79 townhouse units at this time, but the layout of the private roads and lotting pattern on the block will not be part of the subdivision draft approval. 10.6 Policies for Medium and Hich Density Residential Development The Clarington Official Plan has several policies for the development of medium and high density residential uses. . That "townhouses sited on blocks shall generally not exceed 50 units". The applicant has indicated on their most recent submission, 79 block townhouse units contained on one block. Staff has reviewed this request and find that the impact on the surrounding neighbourhood is lessened by the inclusion of more units inside the block as the number of driveways with direct access to both Galbraith Court and Church Street is reduced. Driveways are accessed from private internal roads and traffic from the block is directed to two access points, one on Galbraith Court and one on Church Street. . The impact of traffic on local streets is minimized. The second access to the development is now a possibility as the dwelling at 1 St. George Street has been purchased by the Municipality for the purpose of extending Church Street. Initially Engineering Staff had stated that the proposal could not go forward until a second access was an option. The second access will reduce the amount of traffic required to use Galbraith Court for access. The townhouse block itself will have two access points and staff are satisfied with the road design. REPORT NO.: PSD-076-06 PAGE 7 · Amenity areas are required to be provided. The most recent design submission for the townhouse block indicates a private amenity area for each townhouse unit, generally in keeping with minimum lot areas for street townhouses. In addition, there is also a common amenity area located centrally in the block with direct frontage on an internal private road. · Street townhouses shall not be sited on opposite sides of the street unless adequate on-street parking can be provided to the satisfaction of the Municipality. Although the townhouse units are proposed on both sides of Church Street and Galbraith Court, the block townhouses' driveways will only be accessible by the internal private roads within the block. This permits more on-street parking on Church Street and Galbraith Court and improves traffic flow. Engineering is satisfied with the on-street parking plan provided by the applicant. · The site shall be suitable in terms of size and shape to accommodate the proposed density and building forms. The site is irregular in shape due to existing development abutting the property. Engineering review has indicated that King Street East needs an alternative route to alleviate potential travel congestion, and the extension of Church Street will facilitate this. Thus the Municipality amended its official Plan in 2004 to indicate the extension of Church Street to Galbraith Court. Staff is satisfied with both the configuration and location of the on-street townhouse blocks as well as the block townhouse development area. 10.7 Planning studies have generally shown that it is good planning to locate higher densities abutting commercial development, as it helps maintain a vibrant commercial neighbourhood and utilizes transit (which uses King Street East as its route). The medium and high density uses are a transition area between the intense built-up commercial areas to the lower density developments further north, west and east. 10.8 This proposed development provides this transition area, as well as providing a market for the commercial developments. The relationship between the proposed residential development and the existing residential uses was a concern to the residents. The applicant has provided concept plans showing that although the driveways to the block townhouse unit will be from internal private roads, the "rear" wall of these units, facing Church Street or Galbraith Court, will appear as "front" walls with good architectural styling and entranceways, encouraging pedestrian traffic to use these accesses. 10.9 Lot 1 was originally designed as an Open Space block, Block 9. Based on staff comments, the applicant has adjusted the proposed lot lines of the northerly abutting Block 3, and created a lot for one single detached dwelling. The applicant submitted a house siting plan indicating how it will meet the current zoning regulations. Lot 1 will have a significant amount of road frontage, approximately 70 metres, along Simpson Avenue. To ensure a future owner does not erect fencing along this entire road frontage, staff have recommended, as a condition of approval, that the developer be required to install fencing, within one (1) year of occupancy of the dwelling on Lot 1, as will be detailed on the subdivision landscape plan. The fence detail for Lot 1 will permit a maximum of 12 metres of fencing along the Simpson Avenue road allowance and requires two (2) coniferous trees be planted in the remaining area of Lot 1. This will "~ REPORT NO.: PSD-076-06 PAGE 8 permit future owners of Lot 1 privacy for use and enjoyment of the lot, but also afford the Municipality and other residents an attractive streetscape. 10.10 The applicant has reviewed the conditions of draft approval as attached and concurs with them. 11.0 CONCLUSIONS 11.1 In consideration of comments received from circulated agencies and review of the proposal, staff recommends APPROVAL of the Draft Plan of Subdivision subject to all the Conditions of Draft Approval. Attachments: Attachment 1 - Key Map Attachment 2 - Conceptual Site Plan and Elevations Attachment 3 - Conditions of Draft Approval Interested parties to be notified of Council and Committee's decision: Sernas Associates Sabina Investments Inc. and Ankara Realty Limited Kim Macdonald Sheila Roman Kim Broome Dillon Sawyer Glenn Martin Donna Collins Rob Perkin Dorothy & George Brooks Margaret Pugsley 3 " d Ol " a ;< " Ol II I I I I I I I I -- --L -l RY -----rl - I I I I I I I I I I I I I I I I LJ " _ " _u.~-- z:"'~ mt>J ,- --;,~.~ 8~ o~. q :€ ;<, I- ~ ~ C/) Lu ~ a:: o Lu ~ '-= C/) J Attachment 1 To Report #PSD-076-06 I I I I I I INST. I io: I 1-- - . I 119ti+h1 L___ I I Possible Future Road Extension I I I I : -LJ_ 201.168 N 70' .34' 00" E " ~ Ol a Ol Ol " 3 ~ " <- a ;< " Ol <- a N74026'30"E 7591 " 10" '\J :..-: ~~ t~ -Ol a 10. . 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'" L.() <<>> 0 .... .-- .-- C> <.:> c:! .. z ~<.:> C) - ~ z z 0 II> II> :z - :z - -.J ~ 0 ~ 0 - .... -.J ~ -.J ::::> en ::::> ::::> en en .u-.. .111-,1 - i; f: 1 I I I I I II I I i ~ ij;., ~ nifiji-'~'"~ . )1 ~ ~t l'llll ; ~ h i i - -<old d~~1 ~ ~ ~ ~ ! ~ i Ii . ~ It f~ld: ~ ~I .. ! ~ J, II] . ,0 ." lffu' ! 0; ~~ ~ ~o ~o ..:;"" II )'II "" i:'i ....... _ ~~. it ;; .s.h Jrill! ~}j Is J }il. .11-,. .01-.1 i; 1 :: 1 I I I I ; I I ~ I I i; 1 :: 1 I I I I I I Attachment 3 To Report PSD-076-06 CONDITIONS OF DRAFT APPROVAL Draft Plan of Subdivision S-C-2005-001 Part Lot 10, Concession 1, Former Town of Bowmanville Dated June 9,2006 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2005-001 prepared by Sernas Associates identified as project number 03069, dated Revised April 2006 and as further red-line revised, which illustrates 1 single detached dwelling, 18 street townhouse units, 1 block for 79 block townhouse units and various roads, site triangles and reserves. FINAL PLAN REQUIREMENTS 2. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan free and clear of all encumbrances. 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. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. 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. 5. The Owner shall retain a qualified consultant to prepare and submit a detailed Tree Preservation Plan to the satisfaction of the Municipality of Clarington. No trees shall be removed until such time as this program has been approved except as authorized by the Municipality. The Plan shall specifically provide measures to protect the Copper Beach tree located on the edge of the Church Street road allowance. 6. 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. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 7. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 8. The Owner shall convey a 2.0 metre road widening across the entire frontage of the draft plan to the Municipality of Clarington for the purpose of widening Galbraith Court. 9. The Owner shall construct a temporary turning circle at the south end of Simpson Avenue. The turning circle shall be located in such a fashion as to facilitate snow storage on the south side and east side of the turning circle. Any lots or block situated adjacent to this temporary turning circle will remain frozen until such time that Simpson Avenue is extended and constructed to a finished urban roadway, including Regional services, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees and street lights for the entire frontage width abutting any "frozen" lots or blocks. 10. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 11. The Owner shall enter into a Development Agreement with the Municipality of Clarington regarding the reimbursement of front-ending agreements entered into between the Municipality and: 1. Schickedanz Bros. (Upper and Lower Front Ending Agreement); and 2. Schickedanz Bros. (Lower Front Ending Agreement). This Development agreement will contain appropriate clauses regarding the timing and amount of the required front-end payments. Payments shall be determined in accordance with the provisions of the Development Charges legislation, to the satisfaction of the Municipality of Clarington. 12. The Owner shall convey to the Municipality of Clarington cash-in-lieu of land for park or other public recreational purposes in accordance with the provisions of the Planning Act. 13. That 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 prior to Final Approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 14. 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 and Central Lake Ontario Conservation Authority. 15. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 16. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground for both primary and secondary services. 17. That the Owner shall reroute the existing 44,000 volt hydro line to follow the Church Street and Simpson Avenue road allowances with Veridian's approval. Subject to Veridian requiring the high voltage line to remain in place, the Owner shall grant an easement to Veridian, to ensure that existing Veridian facilities are adequately protected. 18. The Owner agrees to insert a disclosure in all purchase and sale agreements advising home buyers of the municipal parking regulations, to the satisfaction of the Municipality of Clarington. 19. The Owner agrees to insert a disclosure in the Purchase and Sale Agreement for Lot 1, advising home buyers of a restriction for the maximum amount of fencing permitted along the Simpson Avenue frontage of Lot 1. The disclosure shall read: i) Purchasers are advised that the maximum amount of fencing permitted along the Simpson Avenue road frontage of Lot 1 is 12 metres. 20. The Owner agrees to construct fencing in accordance with the Landscape Plan to be approved by the Municipality of Clarington for this Plan of Subdivision for Lot 1. 21. The Owner shall assume all the costs for provision, installation and location of community mailboxes to service this development, in a manner satisfactory to the Director of Engineering Services. 22. 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. 23. No building permit shall be issued for the construction of any building on any residential Lot or Block on said plan, until the exterior architectural design of each building and the location of the building on the lot has been approved by the Municipality of Clarington. 24. The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the costs for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 25. No residential units shall be offered for sale to the public on said plan until such time as the exterior architectural design of each building has been approved by the Director of Planning Services. 26. 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. 27. 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. 28. Prior to final approval, the Owner is required to submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. 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 stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. (The stormwater 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 the Soper Creek tributary, and necessary measures to maintain these contributions. 30. The Owner shall obtain all necessary permits from the Central Lake Ontario Conservation Authority under Ontario Regulation 158, prior to the registration of the plan. 31. The Owner shall submit to Municipality of Clarington, a copy of the permit, issued by the Central Lake Ontario Conservation Authority regarding proposed alterations to the watercourse (new spillway, culverts, etc.) for consideration under the Lakes and Rivers Improvement Act. 32. The Owner agrees that no filling, grading or alteration to the water course shall occur on the property without the prior written approval of the Conservation Authority. 33. 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. 34. The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation of anyon-site works. 35. The Owner agrees to maintain all stormwater management and erosion .and sedimentation control structures operating in good repair during the construction period, in a manner satisfactory to the Municipality of Clarington and the Central Lake Ontario Conservation Authority. 36. The Owner shall submit plans showing the proposed phasing to the Region of Durham and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration. 37. Prior to final approval, the proponent shall engage a qualified professional to carry out to the satisfaction of the Ministry of Culture, 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, soil disturbances or other impacts to any significant archaeological resources shall take place on the subject property prior to the Ministry of Culture confirming that all archaeological resource concerns have been met including licensing and resource conservation requirements. 38. The Owner shall submit to the Regional Municipality of Durham, for review and approval, a noise report prepared by an acoustic engineer based on projected traffic volumes provided by the Durham Region Planning Department and recommending noise attenuation measures for the draft plan in accordance with the Ministry of the Environment guidelines. This report shall also include recommendations for noise attenuation resulting from investigation of point source noise from surrounding land uses. The agreement shall contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 39. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to implement the recommendations of the above-mentioned noise report which specifies 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. 40. 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 development. 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 development external to this subdivision. Such sanitary sewer and water supply facilities are to be designated and constructed according to the standards and requirements of the Region of Durham. All arrangements, financial and otherwise for said extensions are to be made to the satisfaction of the Region of Durham, and are to completed prior to final approval of this plan. 41. Any existing sanitary or water services within the plan which are proposed to be relocated shall be maintained in full service until such time as the new services have been completed and approved by the Region and all costs incurred in relocation or abandonment of these services shall be borne by the Owner. 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. 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 and other local services. 44. That 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 a copy of the Final M Plan. 45. Draft approval of this plan of subdivision may be withdrawn and servicing capacity reassigned to other areas within the Municipality of Clarington in the event that this plan of subdivision is not registered within three years of draft approval. 46. 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. 47. The Owner agrees to strictly adhere to the site servicing plan as submitted by Sernas Associates, in support of Draft Plan of Subdivision S-C-2005-001. 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) the Regional Planning Department, how Conditions 6,28,37, 38, 39,40,41,42 have been satisfied; and b) Central Lake Ontario Conservation Authority, how Conditions 14, 28, 29, 31, 32, 33, and 34 have been satisfied. NOTES TO DRAFT APPROVAL 1. 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. 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, L1H 3T3 (905) 579-0411. b) Region of Durham Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L 1 N 6A3 (905) 668-7711. I l J J J f I i \ '~",r,i ,^, ,,-! I ! I . I ' I I I 1 \ " II <. " 'J : I I I I I ~ I ! I __>' I 1 /...... 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