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Report To: Planning and Development Committee
Date of Meeting: September 10, 2018
Report Number: PSD-064-18 Resolution:
File Number: ZBA2018-0016, C-C-2017-0001 and S-C-2017-0008 By-law Number:
Report Subject: Applications by 2510267 Ontario Ltd. for a Zoning By-law
Amendment and Draft Plan of Subdivision for a 27 unit development
on the south-east corner of Liberty Street North and Longworth
Avenue, Bowmanville
Recommendations:
1. That Report PSD-064-18 be received;
2. That the revised application for Draft Plan of Subdivision S-C-2017-0008 submitted by
2510267 Ontario Ltd., to permit the development of 27 residential units, be supported
subject to the conditions generally as contained in Attachment 1 to Report PSD-064-18;
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-064-18 be passed;
4. That once all the conditions contained in the Official Plan and Zoning By-law with respect
to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal
of the (H) symbol be approved;
5. That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of report PSD-064-18
and Council's decision; and
6. That all interested parties listed in Report PSD-064-18 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report PSD-064-18 Page 2
Report Overview
This report recommends approval of a revised Draft Plan of Subdivision and Zoning By-law
Amendment applications submitted by 2510267 Ontario Ltd. The applications would permit
a 27 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
Courvier Crescent and a 22 unit dual frontage townhouse common elements condominium
with a private lane at the southeast corner of Liberty Street North and Longworth Avenue.
Council previously approved a zoning by-law and a draft plan that allowed a maximum of 20
townhouse units on May 22, 2018.
1. Application Details
1.1 Owner/Applicant: 2510267 Ontario Ltd.
1.2 Agent: Michael Smith, Michael Smith Planning Consultants
1.3 Proposal: Revised Draft Plan of Subdivision
To create five single detached dwellings fronting onto Couvier
Crescent and twenty-two townhouse dwellings fronting onto Liberty
Street North and Longworth Avenue with private laneway access
from Longworth Avenue.
Rezoning
To amend the Urban Residential Exception (R3-54) zone to allow 5
metre frontage townhouse dwelling units. The amendment includes
reducing the minimum lot frontage, minimum lot area and minimum
landscaped open space provisions.
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-064-18 Page 3
2. Background
2.1 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
Longworth Avenue when the subdivision was constructed. There was no plan for
redevelopment of the portion of the lands fronting onto Liberty Street North.
Figure 1: Subject Lands
Municipality of Clarington
Report PSD-064-18 Page 4
2.2 On September 6, 2017 the applicant submitted applications for Draft Plan of Subdivision,
Draft Plan of Condominium and a Zoning By-law Amendment. The applications were to
permit the creation of 5 single detached dwelling lots on Courvier Crescent and twenty
dual frontage condominium townhouses on a private lane fronting onto Liberty Street
North and Longworth Avenue.
2.3 On May 22, 2018 Council approved the zoning by-law amendment and concurred with
the conditions of draft approval for the plan of subdivision. Prior to the completion of the
statutory appeal period the applicant submitted correspondence to staff indicating a
desire to add two more townhouse dwelling units to the development. The applicants
indicated that they originally planned to build 1800 to 1900 square foot townhouse units.
However, a change in market conditions and mortgage rules have led the applicants to
seek smaller units of approximately 1600 to 1700. The applicants believe the smaller
units will be more affordable and allow the units to be marketed to more potential buyers.
2.4 The Director of Planning Services has not issued draft approval for the plan of subdivision
at the applicant’s request. The applicant advised staff they intended to seek Councils
approval to revise the conditions to permit two additional townhouse dwelling units. While
the draft conditions can be amended by Council under the current draft plan of
subdivision application the zoning by-law which was passed cannot be amended under
the original application. The applicants have submitted a new zoning by-law amendment
application to alter the previously approved Urban Residential Exception (R3-54) Zone.
3. Land Characteristics and Surrounding Land Uses
3.1 The subject lands consist of four parcels, three blocks in Plan 40M-2332 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.
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
Municipality of Clarington
Report PSD-064-18 Page 5
Figure 2: Surrounding Land Uses
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.
Municipality of Clarington
Report PSD-064-18 Page 6
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.
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 proposal will have a density of approximately 42 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.
Municipality of Clarington
Report PSD-064-18 Page 7
6. Zoning By-law
6.1 On May 22, 2018 Council approved a zoning by-law amendment zoning the five single
detached dwellings Holding - Urban Residential Exception ((H)R2-54) and the 20
townhouse dwellings Holding - Urban Residential Exception ((H)R3-54).
6.2 The R3-54 zone provisions were based on the minimum lot area, frontage and open
space requirements of 20 townhouse dwellings. The applicant is proposing the following
changes to the R3-54 zone to allow for an additional two townhouse dwelling units.
Reduce the interior lot area minimum from 140 square metres to 125 square metres;
Reduce the exterior lot area requirement from 203 square metres to 210 square
metres;
Reduce the interior lot frontage requirements from 5.5 metres to 5.0 metres; and
Reduce the landscaped open space requirement for each dwelling lot from 20% to
18.5%.
6.3 The applicants have provided an additional visitor parking space to comply with the
parking requirements of the zoning by-law.
6.4 Through the rezoning, holding symbols were placed on the subject lands in order to
ensure that all the subdivision and site plan requirements are met prior to development.
This will continue to be the case.
7. Public Notice and Submissions
7.1 Public notice was mailed to each landowner within 120 metres of the subject lands on
August 8, 2018 and Public Meeting signs were installed fronting onto Liberty Street North,
Longworth Avenue and Couvier Crescent on August 9, 2018.
7.2 Staff have not received any comments on the revised proposal at the time of finalizing
this report.
7.3 A number of concerns were raised at the previous public meeting including:
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;
Noise and lighting concern from vehicles accessing the townhouses and the location
of the private lane entrance onto Longworth Avenue;
Loss of property value with the introduction of townhouses in the neighbourhood;
Drainage and snow storage concerns given the existing grades of the subject lands;
Appearance and location of the lots on Courvier Drive, ensuring they are consistent
with existing homes and are appropriately sited next to existing homes.
Municipality of Clarington
Report PSD-064-18 Page 8
7.4 The applicant reached out to the residents that raised design related issues and
implemented a number of changes to address the concerns including:
a 6.5m (21ft.) landscaped area between the private lane and the property line to the
east;
Landscaping and fencing will be required adjacent to neighbouring properties through
the site plan approval process;
stormwater will drain towards Longworth Avenue; and
The siting of the houses on Courvier Crescent are consistent with the existing
houses.
8. Agency Comments
Durham Region
8.1 The Region of Durham has not provided comments on the revised concept at the time of
writing this report. The Region previously provided comments which included conditions
to be included in the draft approval.
Central Lake Ontario Conservation Authority
8.2 The Central Lake Ontario Conservation Authority have no objections to the proposed
rezoning or amendment to the draft plan of subdivision. The conditions previously
identified for the draft plan of subdivision approval still apply. A number of technical
issues related to stormwater management will be dealt with during the Site Plan Approval
process.
Other Agencies
8.3 Enbridge, Veridian, Canada Post and the Kawartha Pine Ridge District School Board
indicated they had no objections to the proposed applications. Canada Post provided
conditions that will need to be met through the draft conditions.
9. Departmental Comments
Engineering Services Department
9.1 Engineering Services has no objections to the revised rezoning or 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
9.2 Fire and Emergency Services has no concerns with the proposed applications.
Municipality of Clarington
Report PSD-064-18 Page 9
Building Division
9.3 The Building Division has no concerns with the proposed applications.
Operations Department
9.4 The Operations Department has no objections to the proposed draft plan of subdivision or
rezoning applications.
10. Discussion
10.1 The revised proposal conforms to the policies of the Region of Durham and Clarington
Official Plans while integrating into the existing neighbourhood. The revised proposal will
continue to address all three of the street frontages with a similar massing that was
proposed with 20 townhouse units.
10.2 The revised proposal would add two additional townhouse units to the original proposal
by reducing the size of each unit. To achieve two additional units the units have been
reduced in frontage from 5.5 metres to 5.0 metres. In addition, the private lane was
shifted slightly, the driveways of the units fronting onto Liberty Street North were
shortened slightly. An additional visitor parking space was added to meet the zoning by-
law requirements.
10.3 The previously reviewed alterations to the proposed townhouse condominium to address
the concerns of the surrounding residents, described in Section 7 above, will continue to
be achieved through the revised proposal.
10.4 The applicant is 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.
11. Concurrence
Not Applicable.
12. Conclusion
In consideration of all agency and staff comments, it is respectfully recommended that the
draft plan of subdivision and rezoning applications to permit five single detached
dwellings and 22 townhouse condominium dwellings be approved provided there are no
significant concerns raised be the public.
Municipality of Clarington
Report PSD-064-18 Page 10
13. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan, specifically
Section 3.1, walkable mixed-use neighbourhoods and 3.2, support a variety of affordable
mixed use housing types.
Submitted by: Reviewed by:
David Crome, MCIP, RPP Andrew Allison, B. Comm, LL.B
Director of Planning Services 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.
Paul Matusiak
Sheldon Pretty
Steve Wade
Michelyn Rushton
Leshar Shaw
Frank Canonaco
Marco Lamacchia
Cindy Ward
Kimberly McGregor
I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2018\ZBA2018-0016 273 Liberty Street\Staff Report\PSD-064-18.Docx
Attachment 1 to
Report PSD-064-18
Conditions of Draft Approval
File Number: S-C-2017-0008
Issued for Review: August 15, 2018
Notice of Decision: _____________
Draft Approved: ________________
__________________________
David J. Crome, MCIP, RPP
Director of Planning Services
Municipality of Clarington
Part 1 – Plan Identification
1. 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
August 15, 2018, which illustrates 5 single detached dwelling lots with a minimum
frontage of 11.46 metres and 1 block for 22 condominium townhouse units with a
minimum lot frontage of 5.0 metres and common elements of the condominium
and 1 block for road widening.
The redline revisions are:
1. 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.
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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.
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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
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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.
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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 or 1 hectare per 300 units, whichever is
greater, 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.
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(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.
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(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.
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(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.
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(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
10
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.
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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 L1N 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 L1J 8C4.
(e) Bell Canada, c/o John La Chapelle, Planner, Right of Way Control Centre,
100 Borough Drive, Floor 5 – Blue, Scarborough, Ontario M1P 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, M1P 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
J:\REPORTS TO CLERKS\Electronic Reports\2 - Signed by CAO\PSD-064-18\Attachment 2 to PSD-064-18_Draft
Zoning By-law.docx
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 ZBA2018-0011;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1.Section 14.6.54 “Special Exceptions – Urban Residential Type Three (R3-54)
Zone” is hereby amended as follows:
a.Lot Area (minimum)
i)Interior Lot 125 square metres
ii)Exterior Lot 210 square metres
b.Lot Frontage (minimum)
i)Interior Lot 5.0 metres
c.Landscaped Open Space (minimum)18.5 percent
2.This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2018
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk