HomeMy WebLinkAboutPSD-111-06
CJ~n
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 2,2006
Report #:
PSD-111-06
File #: 18T -89044
GPI{ - 3~/7-0b
By-law #: 3(fDb -/~ ~ .
Subject:
AMENDMENT TO CONDITIONS OF DRAFT APPROVAL FOR A DRAFT PLAN OF
SUBDIVISION FOR 70 DWELLING UNITS, BOWMANVILLE
APPLICANT: HEADGATE DEVELOPMENTS INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-111-06 be received;
2. THAT the Amendment to Conditions of Draft Approval for Draft Approved Plan of Subdivision
18T 89044, Headgate Developments Inc. be APPROVED, as shown on Attachment 2;
3. THAT the by-law to remove the Holding (H) symbol be forwarded to Council at such time that
the applicant has entered into a subdivision agreement;
4. THAT the attached by-law to authorize the Mayor and Clerk to execute a subdivision
agreement between the Owner and the Municipality of Clarington be PASSED; and
5. THAT the Region of Durham and all interested parties listed in this report and any
delegation be advised of Council's decision.
Submitted by:
D vi . Crom ,M.C.I.P:, R.P.P.
Director, Planning Services
ReviewedbyJ~~
Franklin Wu
Chief Administrative Officer
CS/CPIDJC/df
25 September 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379F (905)623-0830
REPORT NO.: PSD-111-06 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Headgate Developments Inc.
1.2 Application: Amendment to Conditions for Draft Approved Plan of Subdivision
18T-89044 containing 70 dwelling units comprised of:
21 single detached lots,
?
14 semi-detached lots (28 units), and
?
3 blocks for street townhouses (21 units).
?
1.3 Site Area: 3.8 hectares (9.38 acres)
2.0 LOCATION
2.1 The lands subject to the amendment are located east of Scugog Street and south of
Concession Road 3, being Part Lot 12, Concession 2 in the former Town of
Bowmanville. (see Attachment 1).
3.0 BACKGROUND
3.1 On February 26, 1990 Council recommended draft approval of Plan of Subdivision 18T-
89044 subject to a number of conditions. Subsequently, on September 19, 1990, the
Region of Durham issued Draft Approval. The lands at the time of draft approval were
owned by 807877 Ontario Limited. The lands are now owned by Headgate
Developments Inc., who have requested Staff to prepare a subdivision agreement.
3.2 In reviewing the Conditions of Draft Approval, approved by Council 16 years earlier,
Staff noted that a number of conditions are no longer applicable and a number of new
standard conditions of draft approval are now required. As such, an amendment to the
existing Conditions of Draft Approval are required to clearly define what conditions need
to be fulfilled and the appropriate agencies to clear those conditions.
4.0 STAFF COMMENTS
4.1 Since September 1990, the time when the Draft Plan was approved by the Region of
Durham, a number of new conditions of draft approval have been added to the
Municipality of Clarington standard conditions, to implement Architectural Control
Guidelines, review marketing material, change the delegated approval authorities
between the Region of Durham and the Municipality of Clarington and change the
delegated approval authority between various ministries and agencies.
4.2. Specific changes to the Conditions of Draft Approval are required to accommodate
among other things, new road design standards and financial contributions, specifically:
REPORT NO.: PSD-111-06 PAGE 3
i) An increase in size of road widenings on both Concession Road 3 and Scugog
Street from 3.0 metres to 5.0 metres;
ii) An increase in the size of the site triangles on Street A and Scugog Street;
iii) The addition of a site triangle at Scugog Street and Concession Road 3;
iv) Deleting Condition 11- which required the Developer to pay development
Charges at the time of execution of the subdivision agreement.
Development charges are now required prior to issuance of building permits.
v) Deleting Conditions 21, 22, 23 and 24 - which required the Developer make
monatary contributions to the reconstruction of Concession Road 3 and Scugog
Street (Middle Road).
Contributions to road reconstruction projects are no longer required if a project
has been identified in the Development Charges By-law and if the development
does not directly front onto the affected road.
vi) Adding a new condition to require the Developer to contribute to front ending
payments.
There is no change to the layout or number of units in the proposed Plan of
4.3
Subdivision.
5.0 CONCLUSIONS
5.1 The applicant has been made aware of the required revisions to the existing Conditions
of Draft Approval. It is respectfully recommended that the Amended Conditions of Draft
Approval be APPROVED as shown on Attachment 2. That the By-law to authorize the
Mayor and Clerk to execute the subdivision agreement as shown on Attachment 2 also
be APPROVED.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Amendment to Conditions of Draft Approval
Attachment 3 - Authorization By-law
List of interested parties to be advised of Council's decision:
A. Anderson
Region of Durham Planning
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18T -89044
Subdivision
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Owner: Headgate Developments Inc.
Attachment 2
To Report PSD-111-06
AMENDMENT TO CONDITIONS OF DRAFT APPROVAL
For Draft Approved Plan of Subdivision 18T-89044
Part Lot 12, Concession 2, Former Town of Bowmanville
Dated: October 2,2006
REVISED CONDITIONS OF DRAFT APPROVAL
The Conditions of Draft approval issued by the Region of Durham, dated October 6, 1990
are hereby deleted in their entirety and are replaced with these new amended conditions
of draft approval as follows:
PLAN IDENTIFICATION
The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision 18T-89044 prepared by Templeton Lepek Limited identified as job number
492 dated revised and dated October 6, 1989, showing 70 dwelling units consisting of 21
lots for single detached dwellings, 14 lots for semi~detached dwellings (28 units), 3 blocks
for street townhouses (21 units) and various road widenings and reserves subject to the
revisions as contained in the revised conditions of draft approval.
FINAL PLAN REQUIREMENTS
1. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
2. 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.
3. The Owner shall submit plans showing the proposed phasing to the Region and the
Municipality of Clarington for review and approval, if this subdivision is to be
developed by more than one registration.
4. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain
area municipal approval of the zoning for the land uses shown on the approved
draft plan in accordance with the provisions of the Planning Act.
5. 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 Plat, shall reflect the
design criteria of the Municipality as amended from time to time.
6. The Owner shall 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.
7. 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
8. 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.
9. The Owner shall convey the 0.3 metre reserve shown as Block 41 to 45, inclusive
on the draft plan, to the Municipality of Clarington.
10. The Owner shall convey 5.0 metre road widening for the purposes of widening both
Scugog Street and Concession Road 3 respectfully, to the Municipality of
Clarington.
11. The Owner shall convey, to the satisfaction of the Director of Engineering Services,
appropriately sized site triangles at the intersection of Street 'A' and Scugog Street
and at the corner of Scugog Street and Concession Road 3.
12. The owner agrees to construct a temporary turning circle at the east limit of Street
"A". Building permits for Lots 14 and 15 will not be issued until such time as
development proceeds easterly beyond the limits of the subdivision.
13. The Owner shall prepare to the satisfaction of the Director of Planning Services a
house siting plan for Lot 28, which takes into consideration the regulations in the
applicable zone and ensures the rear yard is an acceptable amenity area.
14. The Owner agrees and acknowledges, as a condition of the Subdivision agreement
to make front ending payments to the Municipality of Clarington for the amount
specified in the following front ending agreements:
1) Halloway HoldingsNaliant Front Ending Agreement
2) Carruthers Front Ending Agreement.
The subdivision agreement will contain appropriate clauses regarding the timing
and amount of the required front end payments. Payments shall be determined in
accordance with the provision of the Development Charges legislation to the
satisfaction of the Municipality of Clarington.
15. The Owner agrees to contribute to the storm sewer oversizing on Scugog Street
north of. Bons Avenue to Street 'A'. The subdivision agreement will contain
appropriate clauses regarding the timing and amount of the required contribution.
Payments shall be determined in accordance with the subdivision agreement and to
the satisfaction of the Director of Engineering Services.
16. The Owner shall convey land to the Municipality of Clarington for park or other
public recreational purposes in accordance with the provisions of the Planning Act.
Alternatively, the municipality may accept cash-in-Iieu of such conveyance.
17. 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. All plans and drawings must conform to the Municipality's Design
Criteria as amended from time to time.
18. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities.
19. That the Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria.
20. That the Owner shall cause all utilities, including hydro, telephone, Cable TV, etc. to
be buried underground.
21. That prior to the issuance of building permits, access routes to the subdivision must
be provided to meet Subsection 3.2.5.2(e) 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, sforage 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. That the Owner shall retain a qualified Engineer to prepare and submit a
Hydrogeologist Report to the Director of Planning Services to demonstrate that the
proposed development will not adversely impact the existing wells in the
surrounding areas.
23. The Owner agrees that where the well or private water supply of any person is
interfered with as a result 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.
24. That the Owner shall provide the Municipality with unconditional and irrevocable,
Letters of Credit ~cceptable 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. The Owner shall be 100% responsible for the costs of any architectural design
guidelines specific to this development, as well as 100% of the costs for the
"Municipality's Control Architect" to review and approve all proposed models to the
satisfaction of the Director of Planning Services.
27 The Owner shall agree in the Agreement, in words satisfactory to Bell Canada, to
grant to Bell Canada any easements that may be required for telecommunication
services. Easements may be required subject to final servicing decisions. In the
event of any conflict with existing Bell Canada facilities or easements, the
OwnerlDeveloper shall be responsible for the relocation of such facilities or
easements I
28. The Owner shall be required to enter into an agreement (Letter of Understanding)
with Bell Canada complying with any underground servicing conditions imposed by
the Municipality. .
29. The Owner shall supply on disk, in a CAD format acceptable to the Municipality, a
copy of the proposed Plan of Subdivision as shown as an amendment to Draft
Approval.
30. 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.
31. 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
Northwest Bowmanville Area Master Drainage 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 basefJow of the
creek, and necessary measures to maintain these contributions.
32. The Owner shall obtain all necessary permits from the Central lake Ontario
Conservation Authority under Ontario Regulation 42/06 prior to the registration of
the plan.
33. The Owner has submitted to the Municipality of Clarington, for review and approval,
(preliminary) noise report prepared by J.E. Coulter Associates Engineering dated
July 6, 1989 and as revised by letter of May 11, 1990 and November 23, 2005, an
acoustic engineer.
34. The Owner shall agree in the Municipality of Clarington subdivision agreement to
implement the recommended noise control measures. The agreement shall contain
a full and complete reference to the noise report (Le. 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. .
35. 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.
36. 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 betwe'en the Owner and the Municipality of Clarington
concerning the provision. and installation of roads, services, drainage and other
local services.
37. 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.
38. 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.
39. 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 that no filling, grading or alteration to the water course
shall occur on the property without the prior written approval of the
Conservation Authority.
c) The Owner agrees to carry out the works referred to in Condition 30 and
Condition 31 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 until the site is
stabilized, 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 anyon-site
works.
f) The Owner agrees to place the following in all agreements of purchase and
sale between the Developer and all prospective home buyers:
"Notice to Parents"
Students from this development may have to attend existing schools. Although a
school site has been reserved within an adjacent plan of subdivision, a school may
not be constructed for some time, if at all, and then only if the School Board
authorizes funding and construction of this required school.
That the Owner agrees to post the "Notice to Parents" in all sales office centres.
40. The owner. acknowledges and agrees to provide the display and marketing
materials to the Director Planning Services and the Director of Engineering for
approval. Said plans and materials must receive approval prior to issuance of the
first building permit for any building and structure, including sales office ~nd model
home to be constructed on any part of the lands.
41. 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) Region of Durham how Conditions have 2, 3, 7 30, 35 and 37 been
satisfied; .
b) Central Lake Ontario Conservation Authority, how Conditions 31, 32,
3gb), c), d) and e) have been satisfied;
c) Bell Canada, how Conditions 27 and 28 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) Regional Municipality of Durham, 605 Rossland Road East, P.O. Box 623,
Whitby, Ontario L 1 N 6A3.
c) Bell Canada, Right-of-Way, 100 Borough Drive, Floor 3, Scarborough, On
M1P 4W2.
Attachment 3
To Report PSD-111-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
being a By-law to authorize entering into an agreement with the Owners of Plan
of Subdivision 18T -89044 any Mortgagee who has an interest in the said Lands,
and the Corporation of the Municipality of Clarington in respect of 18T-89044
WHEREAS the Council approved an amendment to Draft Approved Plan of Subdivision
18T-89044 located in Part Lot 12, Concession 2, former Town of Bowmanville and
authorized the execution of a subdivision agreement with the Owner;
AND WHEREAS the Owner(s) of the draft Plan of Subdivision 18T-89044 is now ready
to proceed to finalize the subdivision agreement;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Municipality of Clarington and seal with the Corporation's seal, an Agreement
between the Owners of Plan of Subdivision 18T-89044.
2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the
Municipality, the said conveyances of lands required pursuant to the aforesaid
Agreement.
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