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Report To: Planning and Development Committee
Date of Meeting: May 14, 2018
Report Number: PSD -042-18 Resolution: PD -102-18
File Number: S -C-2017-0008, C -C-2017-0001 and ZBA2017-0027 By-law Number: 2018-052
Report Subject: Applications by 2510267 Ontario Ltd. for a Zoning By-law
Amendment and Draft Plan of Subdivision for a 25 unit development
on the south-east corner of Liberty Street North and Longworth
Avenue, Bowmanville
Recommendations:
That Report PSD -042-18 be received;
2. That the application for Draft Plan of Subdivision S -C-2017-0008 submitted by 2510267
Ontario Ltd., to permit the development of 25 residential units, be supported subject to
the conditions generally as contained in Attachment 1 to Report PSD -042-18;
3. That the application to amend Zoning By-law by 2510267 Ontario Ltd. be approved and
that the By-law in Attachment 2 to Report PSD -042-18 be passed;
4. That the Durham Regional Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of report PSD -042-18 and Council's decision; and
5. That all interested parties listed in Report PSD -042-18 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD -042-18 Page 2
Report Overview
This report recommends approval of Draft Plan of Subdivision and Zoning By-law
Amendment applications submitted by 2510267 Ontario Ltd. The applications would permit
a 25 unit subdivision at the southwest corner of Liberty Street North and Longworth Avenue
in Bowmanville. The subdivision would include 5 single detached dwellings fronting onto
Couvier Crescent and a 20 unit dual frontage townhouse common elements condominium
with a private lane at the south-east corner of Liberty Street North and Longworth Avenue.
1. Application Details
1.1 Owner/Applicant: 2510267 Ontario Ltd.
1.2 Agent: Michael Smith, Michael Smith Planning Consultants
1.3 Proposal: Proposed Draft Plan of Subdivision
To create five single detached dwellings fronting onto Couvier
Crescent and twenty townhouse dwellings fronting onto Liberty
Street North and Longworth Avenue with private laneway access
from Longworth Avenue.
Rezoning
To rezone the lands from the "Agricultural (A) Zone", "Urban
Residential Type One (R1) Zone", and "Urban Residential
Exception (R2-15) Zone" to appropriate zones that permit the
proposed residential development.
1.4 Area: 0.82 hectares (2 acres)
1.5 Location: Southeast corner of Liberty Street North and Longworth Avenue.
1.6 Roll Numbers: 181702006007600
181702006020006
181702006020004
181702006020008
1.7 Within Built Boundary: 273 Liberty Street is within the built boundary. Blocks 197, 198
and 199 of Plan 40M2332 are not within the built boundary.
Municipality of Clarington
Report PSD -042-18 Page 3
2. Background
2.1 On September 6, 2017 the applicant submitted applications for Draft Plan of Subdivision,
Darft Plan of Condominium and a Zoning By-law Amendment.
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Figure 1: Subject Lands
2.2 The existing subdivision surrounding the subject lands was approved in 2005. Blocks
197, 198 and 199 (see Figure 1) were created at the time the subdivision was approved.
At that time 273 Liberty Street was not owned by the applicants of the subdivision and
was identified as having future development potential together with the three above
mentioned blocks. Originally development was envisioned to include single detached
dwellings fronting onto Longworth Avenue and Courvier Crescent. Services were
installed for four future dwelling lots on Courvier Crescent and seven future lots on
Municipality of Clarington
Report PSD -042-18 Page 4
Longworth Avenue when the subdivision was constructed. There was no plan for
redevelpment of the portion of the lands fronting onto Liberty Street North.
2.3 A statutory public meeting was held on December 4, 2017. Comments received from the
public are discussed in Section 8 of this report.
2.4 After the public meeting the applicant submitted a revised proposal that maintains the
same number of units but addresses a number of concerns identified by internal
departments, external agencies and the public.
Figure 2: Revised Development Concept
2.5 The revised concept directs all stormwater from the townhouse condominium to existing
stormwater infrastructure on Longworth Avenue. A retaining wall and holding tank along
the south limits of the private lane, will allow the grading to direct existing stormwater
flows away from Courvier Crescent towards Longworth Avenue. The stormwater from the
single detached dwellings would continue to be directed to Courvier Crescent. The
revised concept also increases the area between the private lane entrance and the
existing dwelling to the east at 447 Longworth Avenue.
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Municipality of Clarington
Reoort PSD -042-18 Paae 5
2.6 In addition to the draft plan of subdivision and rezoning applications the applicants have
submitted a draft plan of condominium application and will be required to submit a site
plan application for the townhouse development. The site plan application will identify the
final details of the landscaping requirements, lighting, fencing and architectural design of
the townhouse condominium.
2.7 The applicant has submitted the following studies in support of the applications which are
reviewed in Section 7 of this report:
• Noise Report
• Functional Servicing and Stormwater Management Report
3. Land Characteristics and Surround Land Uses
3.1 The subject lands consist of four parcels, three blocks in Plan 40M2332 and 273 Liberty
Street North. At 273 Liberty Street North there is an existing one storey single detached
dwelling and small accessory buildings. There is a former new home sales centre
building located on the blocks fronting onto Longworth Avenue. The block fronting onto
Courvier Crescent is currently vacant. All buildings would be demolished to accommodate
the proposed development.
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Municipality of Clarington
Resort PSD -042-18
Paae 6
3.2 The existing grade of the subject lands is highest along the west and north sides of the
property, adjacent to Longworth Avenue and Liberty Street North, and slopes down to the
south-east adjacent to Courvier Crescent. Many of the existing dwellings on Longworth
have elevated decks as the previous subdivision was developed using similar grades.
The surrounding uses are as follows:
North - Single Detached Dwellings
South - Single Detached Dwellings
East - Single Detached Dwellings
West - Townhouse Dwellings on the south-east corner and a Commercial Plaza on the
north-west corner
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement encourages planning authorities to create healthy, livable
and safe communities by accommodating an appropriate range and mix of housing types
and development patterns. Planning authorities are encouraged to promote opportunities
for intensification and redevelopment in a compact form where it can be accommodated
taking into account the availability of suitable existing infrastructure.
4.2 The proposal conforms to the Provincial Policy Statement.
Growth Plan
4.3 The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas, such as the Bowmanville Urban Area.
Municipalities are encouraged to create complete communities including offering a mix of
housing options.
4.4 The lands are partially within the built-up area and will contribute to the Municipality's
target of achieving a minimum of 32% of new residential units annually within the built-up
area.
4.5 The proposal conforms to the Provincial Growth Plan.
5. Official Plans
Durham Region Official Plan
5.1 The Durham Regional Official Plan designates the lands as Living Areas. Living Areas
permit the development of communities incorporating the widest possible variety of
housing types, sizes and tenure to provide living accommodations that address various
socio-economic factors. The Regional Official Plan requires that local corridors, which
Liberty Street North is identified as, shall be planned and developed for a mix of uses and
densities that support transit.
Municipality of Clarington
Resort PSD -042-18
Paae 7
5.2 The proposed development conforms with the Living Area designation and the Regional
Official Plan.
Clarington Official Plan
5.3 The subject lands are designated Urban Residential. The Urban Residential designation
is predominately intended for housing purposes. A variety of densities, tenure and
housing types are encouraged in the Urban Residential designation.
5.4 Liberty Street North is a Regional Type B Arterial Road and is identified as a Local
Corridor in the Official Plan. Longworth Avenue is a local Type C Arterial road. A
neighbourhood Centre is designated on the north-west corner of Liberty Street and
Longworth Avenue. Local corridors have a minimum density target of 40 units per
hectare while internal neighbourhoods have a minimum density of 13 units per hectare.
The proposed townhouse development will have a density of approximately 53 units per
hectare and the single detached dwellings have a density of approximately 19 units per
hectare.
5.5 The intersection of Longworth Avenue and Liberty Street North is identified as being a
prominent intersection. At prominent intersections buildings shall be designed to provide
a community focal point by having appropriate massing, high quality building materials,
building articulation on both street frontages and architectural elements specific to a
corner design.
5.6 The proposed development conforms to the Clarington Official Plan.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A) Zone", "Urban Residential
Type One (R1) Zone", and "Urban Residential Exception (R2-15) Zone". Blocks 197, 198
and 199 of Plan 40M2332, as shown on Figure 1, were zoned R2-15 with the rest of the
subdivision to the east and south. The R2-15 zone only permits single detached
dwellings. 273 Liberty Street North was not part of that subdivision application and is
zoned R1 and A. The lands at 273 Liberty Street will form part of the condominium lands
and the single detached dwelling lands.
6.2 A Zoning By-law Amendment is required to permit the proposed condominium townhouse
units and to zone the lands that will form the proposed single detached dwellings on
Couvier Crescent.
7. Summary of Background Reports
Functional Servicing and Stormwater Management Report, updated February 2018
7.1 A Functional Servicing and Stormwater Management Report was submitted in support of
the applications. The report provides the details of how the proposed subdivision can be
serviced (water, sanitary and storm) from existing and new infrastructure.
Municipality of Clarington
Report PSD -042-18 Page 8
7.2 The townhouse condominium has been designed to direct stormwater, with the use of
holding tanks and retaining wall, to the existing infrastructure on Longworth Avenue. The
development will be serviced for water and sanitary by the existing infrastructure on
Longworth Avenue, Liberty Street North and Courvier Crescent.
Noise Report
7.3 A Noise Report was submitted in support of the applications. The study indicated that the
townhouse units will be required to have central air conditioning and that the single
detached dwellings will be required to accommodate central air conditioning. Appropriate
conditions have been included in the conditions of draft approval.
8. Public Submissions
8.1 A statutory public meeting was held on December 4, 2017. The concerns raised during
the meeting included the following:
x Townhouses were not in keeping with the existing development along Longworth
Avenue. The resident who spoke would prefer single detached which is what they
were told would be developed when they purchased their home;
x Noise and lighting concern from vehicles accessing the townhouses and the location
of the private lane entrance onto Longworth Avenue;
x Loss of property value with the introduction of townhouses in the neighbourhood;
x Drainage and snow storage concerns given the existing grades of the subject lands;
x Appearance and location of the lots on Courvier Drive, ensuring they are consistent
with existing homes and are appropriately sited next to existing homes.
8.2 Since the public meeting staff have received correspondence from members of the public
who spoke at the meeting reconfirming their concerns identified above.
8.3 The applicant has indicated to staff that they have been in contact with all members of the
public who spoke at the public meeting to try and resolve the concerns raised at the
meeting. One of the changes the applicant has proposed since the public meeting is to
increase the landscaped area between the private laneway and the existing dwelling to
the east. The applicant is proposing approximately a 6.5m (21ft.) landscaped area
between the private lane and the property line to the east (See Figure 4). The proposed
location of the private lane will have similar setbacks as a corner lot at the intersection of
two public streets. Detailed landscape plans for this area will be required for approval
through the site plan process. This will be reviewed to address visual and light trespass
screening.
Municipality of Clarington
Report PSD -042-18 Page 9
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8.4 The applicants have also altered how stormwater management will be addressed. Under
the initial submission the stormwater would have drained towards Courvier Crescent.
The proposal now will direct all the stormwater drainage to the existing infrastructure on
Longworth Avenue eliminating any impacts on the properties on Courvier Crescent.
8.5 Lastly, the applicants altered the location of the western most dwelling on Courvier Drive
to address the neighbours concern that the new dwelling would project in front of theirs
(See Figure 5).
Municipality of Clarington
Resort PSD -042-18
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Figure 5: Siting of single detached dwelling adjacent to existing west dwelling on
Courvier Crescent.
9. Agency Comments
Durham Region
9.1 Durham Region has no concerns or objections to the approval of the rezoning
application, or the draft plan of subdivision, subject to conditions. The Region stated that
the proposed subdivision complies with Provincial and Regional Planning Policy.
Central Lake Ontario Conservation Authority
9.2 The Central Lake Ontario Conservation Authority support the rezoning application and
the proposed draft plan of subdivision, subject to conditions. There are some technical
issues related to the treatment of stormwater associated with the townhouse
development that the conservation authority identified in their comments. The
conservation authority indicated they believe these detailed issues can be addressed
through the site plan process.
Municipality of Clarington
Report PSD -042-18 Page 11
Other Agencies
9.3 Rogers, Enbridge, Veridian, Canada Post and the Kawartha Pine Ridge District School
Board indicated they had no objections to the proposed applications. Canada Post
indicated conditions that will need to be met through the draft conditions.
10. Departmental Comments
Engineering Services Department
10.1 Engineering Services has no objections to the draft approval of the subdivision subject to
conditions which will be addressed through the conditions of draft approval and site plan
agreements. Engineering Services is satisfied that the stormwater management for the
condominium will be accommodated on the condominium lands and not impact the single
detached dwellings on Courvier Crescent.
Fire and Emergency Services
10.2 Fire and Emergency Services has no objections to the draft plan of subdivision or
rezoning provided requirements for fire routes are implemented through the site plan
process.
Accessibility Committee
10.3 The Accessibility Committee had no objections to the applications. The Committee
recommended that the townhouse condominium designate a safe pathway or internal
sidewalk from the visitor parking to the units. The applicant has revised the concept to
include a walkway within the proposed townhouse condominium.
Operations Department
10.4 The Operations Department has no objections to the proposed draft plan of subdivision or
rezoning applications.
Building Division
10.5 The Building Division has no objections to the draft plan of subdivision or rezoning
applications. Detailed building code related comments for the townhouse condominium
will be addressed through the site plan process.
11. Discussion
11.1 The subject lands are located at south-east corner of the intersection of two arterial
roads, Liberty Street North and Longworth Avenue, along a local corridor. The Official
Plan envisions a primarily medium density development along local corridors in the form
of low or mid -rise development.
Municipality of Clarington
Report PSD -042-18 Page 12
11.2 The subject lands have frontage onto two arterial roads at a signalized intersection and a
local road, Courvier Crescent. The signalized intersection and arterial roads significantly
limit the entrance opportunities along Liberty Street North and Longworth Avenue. The
Region of Durham had previously indicated that individual driveways onto Liberty Street
North would not be permitted. The internal laneway will manage the flow of traffic and
improve safety by limiting access and conflict points in close proximity to the intersection
of Liberty Street and Longworth Avenue.
11.3 The proposed development meets the minimum density targets of the Official Plan while
integrating into the existing neighbourhood. The proposed development will address all
three of the street frontages. Single detached dwellings fronting onto Courvier Crescent
will maintain the character of the existing internal neighbourhood. The dual frontage
townhouse development will address both Liberty Street North and Longworth Avenue,
similar to existing townhouses on the south-west corner of the intersection.
11.4 The townhouse development meets the two parking space per unit requirement of the
Zoning By-law. For 18 of the 20 townhouse units the applicant has provided driveways
are between 9.5m and 11 m in length. The average family car, not including trucks or
larger SUVs, range generally from 4.6m to 4.9m in length. The additional driveway length
will provide options for home owners to park additional vehicles in their driveway provided
they do not have large vehciles. The developemnt includes 5 visitor parking spaces as
required by the by-law.
11.5 The townhouses will appear as two storeys from both Liberty Street and Longworth
Avenue; however, due to the grade of the site the rear of the townhouses fronting onto
the private lane will be three storeys. The final design of the townhouses has not been
completed but the applicant submitted concept designs shown in Figures 6 and 7.
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Figure 6: Design concept of front of townhouses facing Liberty Street North and
Longworth Avenue.
Municipality of Clarington
Resort PSD -042-18
Paqe 13
Figure 7: Design concept of rear of townhouses facing private lane.
11.6 The applicant has been in contact with members of the public who identified concerns
with the initial proposal. The applicant has proposed alterations to the original proposal
to address the concerns raised while still achieving the goals of the Official Plan.
11.7 A site specific Urban Residential Type Two (R2) Zone is recommended for the single
detached dwellings and a site specific Urban Residential Type Three (R3) Zone is
recommended for the townhouses. The site specific R2-54 is a zone that has been used
in many other subdivisions in Bowmanville and meets many of the development
provisions that the existing single detached dwellings are subject to.
11.8 A holding symbol will be placed on the subject lands in order to ensure that all the
subdivision and site plan requirements are met prior to development.
11.9 The applicant will be required to submit a site plan application for the townhouse
condominium. Once the site plan has been approved staff will report to Council on the
draft plan of condominium approval.
12. Concurrence
Not Applicable.
13. Conclusion
In consideration of all agency, staff and public comments, it is respectfully recommended
that the applications for draft plan of subdivision and rezoning to permit five single
detached dwellings and 20 townhouse condominium dwellings be approved.
Municipality of Clarington
Resort PSD -042-18
14. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Submitted by:
David Crome, MCIP, RPP
Director of Planning Services
Reviewed by:
Paae 14
Andrew Allison, B. Comm, LL.B
CAO
Staff Contact: Brandon Weiler, Planner, (905) 623-3379 ext. 2424 or bweiler@clarington.net
Attachments:
Attachment 1: Conditions of Draft Approval
Attachment 2: Zoning By-law Amendment
List of interested parties to be notified of Council's decision is on file in the Planning Services
Department.
BW/CP/DC/aw
I:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2017\ZBA2017-0027 273 Liberty St N\Staff Report\PSD-043-18\PSD-042-18.Docx
Conditions of Draft Approval
File Number: S -C-2017-0008
Issued for Review: April 18, 2018
Notice of Decision:
Draft Approved: _
David J. Crome, MCIP, RPP
Director of Planning Services
Municiaality of Clarinaton
Part 1 — Plan Identification
The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S -C-2017-0008 prepared by Michael Smith Planning Consultants
identified as job number 1152-00, dated August 26, 2017, as revised and dated
February 23, 2018, which illustrates 5 single detached dwelling lots with a
minimum frontage of 11.46 metres, 4 blocks for 20 condominium townhouse units
with a minimum lot frontage of 5.5 metres, 1 block for common elements of the
condominium and 1 block for road widening.
The redline revisions are:
A 0.3 metre reserve across the total frontage of Regional Road No. 14 (Liberty
Street North).
2. A 0.3 metre reserve across the total frontage, with the exception of the
approved entrance to the private lane, of Longworth Avenue.
Part 2 — General
2.1 The Owner shall enter into a subdivision agreement with the Corporation of the
Municipality of Clarington (the "Municipality") that contains all of the terms and
conditions of the Municipality's standard subdivision agreement respecting the
provision and installation of roads, services, drainage, other local services and all
internal and external works and services related to this plan of subdivision. A copy
of the Municipality's standard subdivision agreement can be found at
https://www.clarington.net/en/do-business/resources/application-forms/subdivision-
agreement.pdf
2.2 All works and services must be designed and constructed in accordance with the
Municipality's Design Guidelines and Standard Drawings.
Architectural Control
2.3 (1) The Owner shall be 100% responsible for the cost of the "Control Architect"
to review and approve all proposed models and building permits, to the
satisfaction of the Director of Planning Services.
(2) No residential units shall be offered for sale to the public on the draft plan
until such time as the exterior architectural design of each building has been
approved by the Director of Planning Services, and the site plan application
for the townhouse units is conditionally approved by the Director of Planning
Services and the Director of Engineering Services.
(3) No building permit shall be issued for the construction of any building on any
residential lot or block on the draft plan exterior architectural design of each
building and the location of the building on the lot has been approved by the
Director of Planning Services.
Marketing and Sales
2.4 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and
surrounding land uses. The Land Use Plan shall be in a format approved by
the Director of Planning Services.
(2) The Owner shall erect and maintain a sign on the development site and/or in
the sales office which shows the Land Use Plan as approved by the Director
of Planning Services.
(3) The Owner shall submit its standard Agreement of Purchase and Sale to the
Director of Planning Services which includes all warning clauses/ notices
prior to any residential units being offered for sale to the public.
Site Alteration
2.5 Draft plan approval does not give the Owner permission to place or dump fill or
remove fill from, or alter the grade of any portion of the lands within the draft plan.
The Owner shall be required to obtain a permit from the Municipality under Site
Alteration By-law 2008-114, as amended, for any such work. If any portion of the
lands are within an area regulated by a conservation authority, the Owner shall
obtain a permit from the conservation authority in addition to obtaining approval
from the Director of Engineering Services regarding the intended haulage routes,
the time and duration of the site alteration work and security relating to mud clean
up, road damage and dust control in accordance with the Dust Management Plan
in Section 4.7. After registration of a subdivision agreement, the provisions of the
Municipality's standard subdivision agreement shall apply to any proposed site
alteration on the lands covered by the subdivision agreement.
Part 3 — Final Plan Requirements
3.1 The Owner shall transfer to the Region (for nominal consideration, free and clear
of encumbrances and restrictions) the following lands and easements:
(a) A Road Widening as shown in Block 10 of the draft plan.
(b) A 0.3 metre reserve across the total frontage of Regional Road No. 14 (Liberty
Street North).
Part 4 —Plans and Reports Required Prior to Subdivision Agreement/Final Plan
Registration
4.1 The Owner shall submit the following plans and report or revisions thereof:
Noise Report
(1) The Owner shall submit to the Director of Engineering Services, the Director of
Planning Services and the Region of Durham Planning Department, for review and
approval, an updated noise report, based on the preliminary noise report entitled
Environmental Noise Assessment, prepared by YCA Engineering Limited, dated
July 2017, Project No.Y1720.
Functional Servicing
(2) The Owner shall submit an updated Functional Servicing Report satisfactory to the
Director of Engineering Services and Central Lake Ontario Conservation Authority
for review and approval.
Environmental Sustainability Plan
(3) The Owner shall submit an update of the Environmental Sustainability Plan based
on the preliminary Environmental Sustainability Plan entitled Sustainable
Development Plan, prepared by Marco LaMacchia, dated July 2017, to the
satisfaction of the Director of Planning Services. Such plan shall identify the
measures that the Owner will undertake to conserve energy and water in excess of
the standards of the Ontario Building Code, reduce waste, increase recycling of
construction materials and utilize non-toxic, environmentally sustainable materials
and finishes. The plan shall include the location of a shade tree, or provision for a
voucher from a local nursery to allow the purchaser to acquire a shade tree to
provide passive solar gain during the various seasons.
Soils Management Plan
(4) Prior to Authorization to Commence, the Owner shall provide a Soils Management
Plan for review and approval by the Director of Engineering Services. Such plan
shall provide information respecting, but not limited to, any proposed import or
export of fill to or from any portion of the Lands, intended haulage routes, the time
and duration of any proposed haulage, the source of any soil to be imported,
quality assurance measures for any fill to be imported, and any proposed
stockpiling on the Lands. All imported material must originate from within the
Municipality of Clarington. The Owner shall comply with all aspects of the
approved Soils Management Plan. The Director may require the Owner to provide
security relating to mud clean up, dust control and road damage.
Dust Management Plan
(5) Prior to Authorization to Commence Works, the Owner is required to prepare a
Dust Management Plan for review and approval by the Director of Engineering
Services. Such plan shall provide a practical guide for controlling airborne dust
which could impact neighbouring properties. The plan must:
(a) identify the likely sources of dust emissions;
(b) identify conditions or activities which may result in dust emissions;
(c) include preventative and control measures which will be implemented to
minimize the likelihood of high dust emissions;
(d) include a schedule for implementing the plan, including training of on-site
personnel;
(e) include inspection procedures and monitoring initiatives to ensure effective
implementation of preventative and control measures; and
(f) include a list of all comments received from the Municipality, if any, and a
description of how each comment was addressed.
Part 5 —Special Terms and Conditions to be Included in the Subdivision
Agreement
5.1 Lands Requiring Site Plans
The owner shall not make an application for a building permit in respect of Lots
Blocks 6, 7, 8 or 9 until the Owner has received site plan approval from the
Municipality under Section 41 of the Planning Act, R.S.O. 1990, C.P.13.
5.2 Front -Ending Contribution
The owner acknowledges that certain works, services and facilities which directly
benefit the Lands were constructed, paid for or otherwise provided by certain
earlier developing landowners. The Owner further acknowledges that the
Municipality undertook to use its best efforts to recover a proportionate share of
the cost of such works, services and facilities from future benefitting owners and
to reimburse the front -ending owners accordingly. An Authorization to
Commence shall not be issued for any Works unless the Owner has paid to the
Municipality its proportionate share of such works, services and facilities, which
amount the Municipality shall hold in trust for and on behalf of the front -ending
owners.
5.3 Parkland
The Owner shall pay the Municipality an amount in lieu of conveying land for park
or other public recreational purposes under section 5.1. of the Planning Act,
R.S.O. 1990, c.P.13. The Owner acknowledges that this amount, represents 5% of
the lands included in the draft plan and shall be based on the value of the Lands
as of the day before the approval of draft Plan of Subdivision S -C-2017-0008.
5.4 Noise Attenuation
(1) The Owner shall implement the noise attenuation measures recommended in
the updated noise report entitled Environmental Noise Assessment prepared
by YCA Engineering Limited and dated July, 2017 (the "Noise Report").
(2) The Owner shall not make an application for a building permit for any building
on the Lands until an acoustic engineer has certified that the plans for the
building are in accordance with the Noise Report.
(3) The Owner shall not allow the dwelling units within this Plan to be occupied
until such time a Professional Engineer qualified to perform acoustical
engineering services in Ontario certifies that the noise control measures have
been properly installed and constructed.
5.5 Existing Structures
The Owner shall obtain demolition permit(s) to remove all existing buildings and
structures from the Lands, unless such buildings or structures are to be preserved
for heritage purposes.
Part 6 — Agency Conditions
6.1 Region of Durham
(1) 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 Region. All arrangements, financial and otherwise, for said extensions
are to be made to the satisfaction of the Region, and are to be completed
prior to final approval of this plan.
(2) Prior to entering into a subdivision agreement, the Region shall be satisfied
that adequate water pollution control plant and water supply plant capacities
are available to the proposed subdivision.
(3) The Owner shall grant to the Region any easements required for provision of
Regional services for this development and these easements shall be in the
location and of such widths as determined by the Region.
(4) All land dedications, easements, sight triangles and reserves as required by
the Region for this development must be granted to the Region free and clear
of all encumbrances and in a form satisfactory to the Region's Solicitor.
(5) The Owner shall satisfy all requirements, financial and otherwise, of the
Region. 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.
6.2 Conservation Authority
(1) Prior to any on-site grading or construction of 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 controlling stormwater on the site and conveying
stormwater flow from the site to an appropriate outlet, including the use
of stormwater techniques which are appropriate and in accordance with
provincial guidelines; and,
b. The intended means of providing water quality treatment for the site in
accordance with provincial guidelines; and,
c. The means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction, in accordance with
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 related works, either during construction, or
following construction; and
d. Details on the types and use of Low Impact Development (LID)
measures to be implemented within the development to assist in
reducing stormwater runoff and encouraging infiltration; and
e. Details on the infiltration of the soils with onsite testing.
(2) The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing Fees and
Technical Review Fees as per the approved Authority Fee Schedule.
(3) The subdivision agreement between the Owner and the Municipality of
Clarington shall contain, among other matters, the following provisions:
a. The Owner agrees to carry out the works referred to in Condition 6.2 (1)
and (2) to the satisfaction of the Central Lake Ontario Conservation
Authority.
b. The Owner agrees to maintain all stormwater and erosion and sediment
control structures and measures operating and in good repair during the
construction period, in a manner satisfactory to the Central Lake Ontario
Conservation Authority.
c. The Owner agrees to advise the Central Lake Ontario Conservation
Authority 48 hours prior to the commencement of grading or initiation of
any on-site works.
6.3 Ministry of Culture, Tourism and Sport
(1) No demolition, grading or other soil disturbances shall take place on the
lands prior to the Ministry of Culture, Tourism and Sport confirming that
potential adverse impact to the archaeological resources identified in the
archaeological assessment prepared by The Archaeologists Inc., and dated
July 25, 2017 have been addressed through measures such as preservation,
resource removal, licensing and resource conservation requirements.
6.4 Canada Post Corporation
(1) The developer will consult with Canada Post to determine suitable permanent
locations for the Community Mail Boxes or Lock box Assemblies
(Mail Room). The developer will then indicate these locations on the
appropriate servicing plans.
(2) The developer agrees, prior to offering any units for sale, to display a map on
the wall of the sales office in a place readily accessible to potential
homeowners that indicates the location of all Community Mail Boxes or Lock
Box Assemblies (Mail Room)., within the development, as approved by
Canada Post.
(3) The owner/developer will be responsible for officially notifying the purchasers
of the exact Community Mailbox locations prior to the closing of any home
sales with specific clauses in the Purchase offer, on which the homeowners
do a sign off.
(4) The Builder/Owner/Developer will confirm to Canada Post that the final
secured permanent locations for the Community Mailboxes will not be in
conflict with any other utility; including hydro transformers, bell pedestals,
cable pedestals, flush to grade communication vaults, landscaping
enhancements (tree planting) and bus pads.
(5) The developer agrees to include in all offers of purchase and sale a statement
which advises the purchaser that mail will be delivered via Community Mail
Boxes or Lock Box Assemblies (Mail Room). The developer also agrees to
note the locations of all Community Mail Boxes or Lock Box Assemblies (Mail
Room)., within the development, and to notify affected homeowners of any
established easements granted to Canada Post to permit access to the
Community Mail Boxes or Lock Box Assemblies (Mail Room).
(6) The owner/developer will agree to prepare and maintain an area of
compacted gravel to Canada Post's specifications to serve as a temporary
Community Mailbox location. This location will be in a safe area away from
construction activity in order that Community Mailboxes may be installed to
service addresses that have occupied prior to the pouring of the permanent
mailbox pads. This area will be required to be prepared a minimum of 30 days
prior to the date of first occupancy.
(7) The owner/developer will install concrete pads at each of the Community
Mailbox locations as well as any required walkways across the boulevard and
any required curb depressions for wheelchair access as per Canada Post's
concrete pad specification drawings.
(8) The developer agrees to provide the following for each Community Mail
Boxes or Lock Box Assemblies, and to include these requirements on the
appropriate servicing plans: (if applicable)
- Any required walkway across the boulevard, per municipal standards
- If applicable, any required curb depression for wheelchair access, with
an opening of at least two meters (consult Canada Post for detailed
specifications)
6.5 Utilities
(1) The Owner shall coordinate the preparation of an overall utility distribution
plan that allows for the safe installation of all utilities including the separation
between utilities to the satisfaction of the Director of Engineering Services.
(2) All utilities will be installed within the proposed road allowances. Where this is
not possible, easements will be provided at no cost to the utility provider.
Proposed easements are not permitted on lands owned by the Municipality
unless it can be demonstrated that there is no other alternative. Such
easements must not impede the long term use of the lands and will be at the
discretion of the Director of Engineering Services.
(3) The Owner shall cause all utilities, including hydro, telephone, and cable
television within the streets of this development to be installed underground
for both primary and secondary services.
Part 7 — Standard Notices and Warnings
7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots
informing the purchaser of all applicable development charges in accordance with
subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27.
7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of
the Municipality's standard subdivision agreement in Agreements of Purchase and
Sale for all Lots or Blocks.
7.3 The Owner shall include the following notices and warning clauses in Agreements
of Purchase and Sale for the Lots or Blocks to which they apply:
7.4 Noise Report
(1) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Blocks 6, 7, 8 and 9:
"Purchasers are advised that sound levels due to increasing road traffic
and the existing commercial development may interfere with some
activities of the dwelling occupants as the sound levels will exceed the
Ministry of Environment and Climate Change's noise criteria."
(2) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Blocks 6, 7, 8, and 9:
"The dwelling unit located on this lot has been equipped with a central air
conditioning system which will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the
Ministry of the Environment's noise criteria."
(3) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Lots 1 to 5:
"This dwelling unit was fitted with a forced air heating system and the
ducting etc. sized to accommodate a central air conditioning unit. The
installation of central air conditioning by the homeowner will allow
windows and exterior doors to be kept closed, thereby achieving
indoor sound levels within the limits recommended by the Ministry of
the Environment. (Note: The location and installation of the outdoor
air conditioning device should be done so as to comply with noise
criteria of MINISRY OF ENVIRONMENT AND CLIMATE CHANGE
publication NPC -216, Residential Air Conditioning Devices and thus
minimize the noise impacts both on and in the immediate vicinity of
the subject property)."
(4) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Blocks 6, 7, 8 and 9:
"Despite the inclusion of noise control features in the design of the
subdivision and individual units, noise levels from road and rail traffic
and the existing/proposed commercial development may be of
concern and may occasionally interfere with some activities of the
dwelling occupants as the noise exposure level may exceed the noise
criteria of the Ministry of the Environment."
7.5 Canada Post Corporation
The Owner shall include the following notice in the agreements of purchase and sale
for all lots:
"Mail Service - Purchasers are advised that Canada Post intends to service
this property through the use of community mailboxes that may be located in
several locations within this subdivision."
Part 8 - Clearance
8.1 Prior to final approval of the plan for registration, the Municipality's Director of
Planning Services shall be advised in writing by,
(a) the Region how Conditions 6.1 have been satisfied;
(b) Central Lake Ontario Conservation Authority, how Conditions 6.2 have been
satisfied;
(c) Canada Post, how Conditions 6.4 have been satisfied;
Part 9 — Notes to Draft Approval
9.1 Terms used in these conditions that are not otherwise defined have the meanings
given to them in the Municipality's standard subdivision agreement.
9.2 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.
9.3 If final approval is not given to this plan within five (5) 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.
9.4 Where an agency requirement is required to be included in the Municipal
subdivision agreement, a copy of the agreement should be sent to the agency in
order to facilitate their clearance of conditions for final approval of this plan. The
addresses and telephone numbers of these agencies are:
(a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box
623, Whitby, Ontario L1 N 6A3 (905) 668-7721.
(b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario LIH 3T3 (905) 579-0411.
(c) Veridian Connections, c/o Peter Petriw, P. Eng., Manager, Engineering and
Construction, 55 Taunton Road East, Ajax, Ontario L1T 3V3.
(d) Enbridge Gas Distribution, Sales Development Co-ordinator, 1350 Thornton
Road South, Oshawa, Ontario LU 8C4.
(e) Bell Canada, c/o John La Chapelle, Planner, Right of Way Control Centre,
100 Borough Drive, Floor 5 — Blue, Scarborough, Ontario M1 P 4W2.
(f) Rogers Cable Inc., c/o Cindy Ward, 301 Marwood Drive, Oshawa, Ontario
L1H 1J4.
(g) Kawartha Pine Ridge District School Board, 1994 Fisher Drive,
Peterborough, Ontario K9J 6X6
(h) Peterborough Victoria Northumberland and Clarington Catholic District
School Board , The Peter L. Roach Catholic Education Centre, 1355
Lansdowne Street West, Peterborough, Ontario K9J 7M3
(i) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor
Scarborough ON, M1 P 5A1
I:\^Department\LDO NEW FILING SYSTEM\Application Files\SC-Subdivision\S-C-2017\S-C-2017-0008 273 Liberty\Conditions of
Draft Approved\Conditions of Draft Approval_18'04'2018.docx
Attachment 2 to
Report PSD -042-18
Corporation of the Municipality of Clarington
By-law Number 2018 -
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2017-0027;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is
hereby amended by adding thereto, the following new Special Exception Zone
14.6.54 as follows:
"14.6.54 Urban Residential Exception (R3-54) Zone
Notwithstanding Sections 3.16 i. iv); 3. 28 a. i); 14.1 a.; 14.3 a., b., c., e., f., and h.
those lands zoned R3-54 on the Schedules to this By-law shall only be used for
street townhouse dwellings subject to the following zone provisions:
a. Lot Area (minimum)
i. Interior Lot
ii. Exterior Lot
b. Lot Frontage (minimum)
i. Interior Lot
ii. Exterior Lot
c. Yard Requirements (minimum)
Front Yard or exterior side yard
ii. Interior Side Yard
150 square metres
230 square metres
5.5 metres
8.2 metres
3.5 metres to a dwelling
2.0 metres to an unenclosed porch
1.5 metres, nil where
building has a common wall
with an adjacent building
iii. Rear Yard 2.0 metres to a private street
5.0 metres to a dwelling
6 metres to a garage door
iv. For the purpose of this zone the front lot line shall be the line dividing
the lot from the improved public street.
d. Special Yard Regulations
Steps may project into the required front or exterior side yard, but in
no instance shall the front or exterior side yard be reduced below 1.2
metres.
e. Visibility Triangle (minimum)
f. Lot Coverage
5.0 metres
i. Townhouse dwelling and total of all buildings
and structures 65 percent
ii. a) In the case of an interior lot an unenclosed porch/balcony up to
a maximum area of 10m2 is permitted in the front yard and is
not calculated as lot coverage.
b) In the case of an exterior lot, an unenclosed porch/balcony up to
a maximum area of 15m is permitted in the front yard and is not
calculated as lot coverage.
g. Landscaped Open Space (Minimum)
25 percent
h. Height of floor deck of unenclosed porch
above finished grade (maximum) 1.0 metres
No parking space shall be located in any front or exterior side yard
2. Schedule '3' to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Urban Residential Exception (R2-15) Zone" and "Agricultural (A) Zone" to "Urban
Residential Exception (R2-54) Zone"; and
"Urban Residential Exception (R2-15) Zone", "Agricultural (A) Zone" and Urban
Residential Type One (R1) Zone" to "Urban Residential Exception (R3-54) Zone"
as illustrated on the attached Schedule W.
3. This By-law shall come into effect on the date of its passage, subject to the
provisions of Section 34 of the Planning Act.
By -Law passed in open session this day of , 2018
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D.
Longworth Avenue
a
z
a�
W
Corvier Crescent
Zoning Change From "A" To "(H)R2-54"
Zoning Change From "R2-15" To "(H)R2-54"
Zoning Change From "A" To "(H)R3-54"
IV
Zoning Change From "R1"To "(H)R3-54"
- Zoning Change From "R2-15" To "(H)R3-54"
Adrian Foster, Mayor BOwmanville • ZBA 2017-0027 • Schedule 3 C. Anne Greentree, Municipal Clerk