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HomeMy WebLinkAboutPSD-071-18Clarbgton Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: September 10, 2018 Report Number: File Numbers PSD -071-18 S -C 2005-0002, ZBA 2018-0009 Resolution: By-law Number: Report Subject: An Application by Farsight Investments Limited and Savannah Land Corporation to amend a Draft Approved Plan of Subdivision and Rezonina by addina lands into the draft clan Recommendations: That Report PSD -071-18 be received; 2. That the application to amend Draft Approved Plan of Subdivision submitted by Farsight Investments Limited and Savannah Land Corporation by adding lands into the draft plan and changing the configuration of the park, stormwater management pond and roads to permit 69 additional residential units be supported subject to conditions as contained in Attachment 1 of Report PSD -071-18; 3. That the Zoning By-law Amendment application Farsight Investments Limited and Savannah Land Corporation be approved as contained in Attachment 3 of Report PSD - 071 -18; 4. That once all conditions as contained in the Clarington Official Plan and the Zoning By- law with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved by By-law; 5. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -071-18 and Council's decision; and 6. That all interested parties listed in Report PSD -071-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -071-18 Report Overview Page 2 This report is recommending approval of a proposed amendment to Draft Approved Plan of Subdivision and an application for Zoning By-law Amendment, submitted by Farsight Investments Limited and Savannah Land Corporation. The proposed change would add 0.64 hectares of land to the draft approved plan of subdivision and changes the size and configuration of the park, stormwater management pond and roads to permit 69 additional residential units. As conditions of approval of the amendment to draft approval and rezoning the Municipality will acquire approximately 13.7 hectares of additional open space in the Soper Creek valley, which is currently owned by the Savannah Land Corporation (Bowmanville Zoo). The acquisition of these lands has great public benefit to the residents of the Municipality. It will allow for additional active and passive lands which will allow a connection of trails through the Soper Valley system. 1. Application Details 1.1 Owner/Applicant: Farsight Investments Limited Savannah Land Corporation 1.2 Agent: Bryce Jordan, GHD 1.3 Proposal: Amendment to Draft Approved Plan S -C 2005-002 i) To add 0.64 hectares of lands from Savannah Land Corporation to the draft approved plan; ii) To reconfigure the park and stormwater management pond and change the road pattern in the southern portion of the plan; iii) To provide for future parkland and open space within the lands shown as Other Lands Owned by Savannah Land Corporation; and iv) To add an additional 71 residential units consisting of 38 single detached dwellings and 33 street townhouse units throughout the approved draft plan of subdivision. Amendment to Zoning By-law ZBA2018-0009 i) To implement the proposed amendments to the Draft Approved Plan of Subdivision noted above; and ii) To establish a setback from a visibility triangle on corner lots 1.4 Area: 46.96 hectares 1.5 Location: North of Durham Highway 2 between Mearns Avenue and Lambs Road, and south of Concession Street in Bowmanville (Figure 1.) 1.6 Gross Density: 51 jobs and persons per gross developable hectare Municipality of Clarington Report PSD -071-18 1.7 Roll Numbers: 18-17-010-010-08200, 18-17-010-010-08210, 18-17-020-060-13500 1.8 Within Built Boundary: Yes _ _ 6 10OWNHAM D LETCHER DR 4 Open Space z w � w K �? Other Lands Owned By Savannah Land Corp 7��z s n a z Park Park I11111� x/1111111= SWM Pond k!Ivn szR��Tsgsr Y 0.64 ha owned by Savannah Lands Corp to be added to draft approved plan SC 2005-002 Open Space Page 3 -CONCESSION STREET EAST Medium Townhouse Block /V j Single Detached Dwellings Limits of Draft Approved Plan SC 2005-002 ', .Y Street Townhouses Medium Townhouse Block Retained By Owner ZBA 2018-0009 SC 2005 002 Figure 1: Subject Site Municipality of Clarington Report PSD -071-18 Page 4 2. Background 2.1 In September 2010, Farsight Investments Limited received Draft Approval for a 541 unit residential plan of subdivision. The draft plan consisted of 273 single detached units, five blocks for 29 street townhouse units, 2 blocks for 239 block -townhouse units; open space blocks, which includes the lands associated with the main branch of the Soper Creek as well as a tributary to the Soper Creek, a stormwater management block and two park blocks. 2.2 Final Approval for the first phase of the plan was not possible due to sanitary sewer capacity constraints at the Port Darlington Water Pollution Control plant. As a result Farsight received an extension to Draft Approval in 2015. Draft approval was extended for Phase 1 to November 27, 2018, and no later than November 27, 2022 for any subsequent phase. 2.3 In 2016, a further amendment was approved which related to trails, pedestrian connectivity and plan implementation. The timeframe for registration of Phase 1 or subsequent phases was not changed. 2.4 On March 9, 2018, Farsight Investments submitted an application for rezoning to establish a setback from the visibility triangle on corner lots within the Draft Approved Plan of Subdivision. Subsequently, Farsight Investments together with Savannah Land Corporation submitted an application to amend draft approved plan S -C 2005-002 to incorporate a 0.64 hectare (1.16 acre) of land, outlined in red on Figure 1 into the Draft Plan. Savannah Land Corporation owns the lands on which the Bowmanville Zoo was situated. The majority of Savannah's lands are in the floodplain with the exception of 0.64 hectares adjacent to Farsight's lands. Acquiring these lands will allow relocation of a portion of the park block and stormwater management pond on these lands. This has the effect of changing their size and configuration. It also changes the road pattern in the southern portion of the plan. Farsight has also taken this opportunity to change the unit type and count in other portions of the plan resulting in a total increase of 71 units over the entire draft plan. 2.5 The redevelopment potential of the Bowmanville Zoo lands is extremely limited because of its location in the floodplain. Farsight Investments as the adjoining land owner has the best opportunity to service and develop the 0.64 portion of the former Bowmanville Zoo lands not in the floodplain. Through a negotiated agreement between Savannah Land Corporation and Farsight Investments, a separate agreement has been entered into between Savannah and the Municipality so that 13.7 hectares or 34 acres of the zoo's lands will be dedicated to the Municipality to allow for the development of a soccer field adjacent to the park and recreational trails. The existing mobile home park, Barley Mill building and the single detached residence on the site will be retained by Savannah. (See Figure 2.) The 13.7 hectare lands will be transferred to the Municipality without buildings and in a clean, Record of Site Condition compliant condition. Municipality of Clarington Report PSD -071-18 1, r " }r 37 Page 5 VaI1eyland to be transferred to the MO . ` 13,7 hectares (34 acres) } Ar ' 2 .. Mobile Horne Park Nk Storm ~Nate r Pond and Park ff= Residence E�tan�Ret�iU��mrrrereiel - Establishment OVG�_. Driveway y Easement - Asp; - Figure 2: Valleyland to be transferred to the Municipality of Clarington Municipality of Clarington Report PSD -071-18 3. Land Characteristics and Surrounding Uses Page 6 3.1 The lands subject to Draft Approval have been graded and some trees removed in anticipation of site servicing. The 0.64 hectare parcel owned by Savannah Land Corporation is outside of the Soper Creek floodplain and currently supports three buildings, two barns and a building that was used as an auditorium by the Bowmanville Zoo (See Figure 3.) 3.2 The surrounding uses are as follows: North - Concession Road 3 and future residential lands as part of Lamb's Road School Development (Jury Lands) South - Rural residential lots, a used car dealership, and a veterinary clinic East - Rural Residential, cultivated fields and horticultural operation West - Open Space associated with Soper Creek, various buildings related to the former Bowmanville Zoo and a trailer park C OEVELOPMENT PROPOSAL _ _. _ APPYfanIS: rt SIpM Iny¢stme..... & -01 npa [o,yeretln�� Skn bpsWrt, ort�west [or odshoaa, north OfOuMana 1 a�eh—ar 2 a�a snotty at o ,psson Road 3, 9nwmamnlle proposal: Y.� . � � eni taeyeh apmo w Tenn — .� � rt.eee wu �ramen?psBUWe( d6ji Figure 3: Farsight lands looking west with barns in the background Municipality of Clarington Report PSD -071-18 Page 7 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. Planning authorities are encouraged to create healthy, livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. The subject applications are consistent with the Provincial Policy Statement. Provincial Growth Plan 4.2 The subject lands are within the defined Built Boundary. Population and employment growth will be accommodated by directing a significant portion of new growth to the built up areas through intensification and efficient use of existing services and infrastructure. The development of complete communities is encouraged by promoting a diverse mixof land uses, a mix of employment and housing types, high quality public open space and easy access to local stores and services. New transit -supportive and pedestrian -friendly developments will be concentrated along existing and future transit routes. The Growth Plan establishes minimum targets for residential development occurring annuallywithin each upper tier municipality to be within the built up area. The subject applications are consistent with the Growth Plan. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the lands as Living Areas. Lands designated Living Area 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 proposed development conforms with the Durham Region Official Plan. Clarington Official Plan 5.2 The Clarington Official Plan designates the lands as Urban Residential and Environmental Protection Area. The Urban Residential designation shall predominantly be used for housing purposes, providing for a variety of densities, tenure and types. Neighbourhoods are to be walkable, compact, connected and create a high quality public realm. The lands associated with the Soper Creek valleylands and the 0.64 hectares being added into the draft plan are designated Environmental Protection. The Natural Environment policies require a minimum 15 metres setback from natural heritage features including watercourses and valleyland. The 0.64 hectares are outside of the Soper Creek floodplain, contain multiple buildings and do not have any significant natural heritage features. These lands are interpreted to be designated urban residential. An Environmental Impact Study (EIS) is required for the lands being added Municipality of Clarington Report PSD -071-18 Page 8 to the draft plan to determine the development limits, and define the limits of the park and stormwater management pond locations. 5.3 The lands adjacent to Lambs Road and Concession Street are identified as a Local Corridor which are to have a variety of medium density development. A medium density block is located at the north and south ends of the draft plan of subdivision. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands as Environmental Protection (EP), and various other urban residential zones for single detached dwellings, street townhouses and block townhouses. An application for rezoning has been submitted. 7. Supporting Documentation Phase One Environmental Site Assessment (ESA), PGL Environmental Consultants, March 2018 7.1 This report was prepared for the entire land parcel owned by Savannah and based on observations, information collection and present land use. The site was a former orchard, and a former gas station was located abutting King Street on the property which is now a parking lot, and as such PGL is recommending a Phase 2 ESA be undertaken. Functional Servicing Report Addendum, GHD, July 2018 7.2 The updated Functional Servicing Report confirms that the sanitary sewer system and the water supply system can accommodate the proposed addition to the existing approved development once the services are extended. Similarly, the stormwater management pond has been sized to accommodate the additional lands and the storm sewers will be sized accordingly. Scoped Environmental Impact Study (EIS), Niblett Environmental Associates, August 2018 7.3 An EIS was originally undertaken when the application was submitted in 2005. A scoped EIS was undertaken to assess the impacts on Natural Heritage Features for the zoo lands, as well as for the stormwater management pond and outfall. The development of the property (soccer field, parking lot, stormwater management pond and servicing corridor) will not have a significant impact on the Natural Heritage System or the Soper Creek provided the mitigation measures and recommendation of the report are implemented. A butter -nut tree was identified on the zoo lands near the trailer park and must be preserved. Municipality of Clarington Report PSD -071-18 Page 9 Tree Inventory and Assessment Report, Schollen & Company Inc., June 27, 2018 7.4 This report assessed the trees specifically in the vicinity of the proposed park and soccer field. Approximately, 50 trees were assessed; Silver Maple, Norway Maple and Spruce, 42 of which were in good condition. The report made recommendations for preservation of trees and the mitigation of potential impacts that could arise during the construction period. Traffic Impact Study, GHD, June 2018 7.5 The report concludes that under the future traffic forecast (2031) the traffic generated by the proposed development can be accommodated by the abutting road system. Recommended improvements include traffic signals and east bound and westbound left turn lanes at the intersection of Highway 2 and Lambs Road. Traffic generated by the proposed development does not have a significant adverse impact on the abutting intersections. No other road improvements are triggered by the proposed development. Northeastern Archaeological Associates, August 2018 7.6 The archaeological assessment did not result in the discovery of any material of archaeological interest. 8. Public Submissions 8.1 One resident residing on Barley Mill Crescent expressed concern with the increased traffic and speed on Mearns Avenue, Concession Road 3, King Street and Liberty Street. Stop signs and crosswalks need to be installed in the area. He is concerned with the number of coyotes in the valley, and asked what will happen to the Savannah Lands. 8.2 One resident residing on Barley Mill Crescent requested that the fencing between the Barley Mill Park, owned by the Municipality and the former Bowmanville Zoo lands be removed so that people could have access to Soper Creek. This individual also requested the lands owned by Savannah Land Corporation be donated to or purchased by the Conservation Authority. 8.3 One resident residing on Lambs Road is concerned with dust and the impact of the development on his horticultural operation. 8.4 One resident on Soper Creek Drive is concerned with the reduced size of the park, pedestrian connectivity through the park and valleylands. 8.5 The Pastor from The Seventh Day Adventist church would like access to municipal water and sewer lines as well as fibre-optic internet lines on Lambs Road past the church with the possibility of connecting to them. Municipality of Clarington Report PSD -071-18 Page 10 8.6 One resident voiced concerns that the amount of parkland dedication does not seem enough given the number of people that will live in the subdivision. 9. Agency Comments Region of Durham 9.1 The Regional Municipality of Durham stated that the Environmental Site Assessment Study prepared by PGL (March 2018) was prepared for due diligence and is not consistent with the Region's Council adopted Site Contamination Protocol and consistent with O.Reg. 153/04. The applicant will be required to provide a Phase 1 ESA consistent with the Region's policies as a condition of draft approval. 9.2 Regional Works identified that sanitary and water services are available to accommodate these proposed lots. The development does not present any significant Regional transportation or transit impacts. 9.3 The Region's conditions are included in the proposed Conditions of Draft Approval included as Attachment 1. Central Lakes Ontario Conservation Authority 9.4 The Central Lake Ontario Conservation Authority does not object to the inclusion of the 0.64 hectares owned by Savanah into the draft approved plan. CLOCA is requesting that Block 314 be "frozen" until such time detailed design of the stormwater management pond is reviewed and approved. Based on the reports submitted in support of the amendment CLOCA is satisfied in principle with the location of the soccer field. The proposed soccer field requires filling in the regulatory flood plain and will require a cut and fill analysis to the satisfaction of the Conservation Authority. 9.5 The Conservation Authority is satisfied with Environmental Impact Study, and requires the applicant to carry out the recommendations in the study. A Landscaping Plan is required for the stream bank, the setback from the valley and natural areas as well as the stormwater management pond and outfall. 9.6 Compensation Plan and Restoration Plan are required for removal of any vegetation as a result of the development. A Transplant Plan is required for the Regionally rare Geranium maculatum. 9.7 The Conservation Authority's conditions are included in the proposed Conditions of Draft Approval included as Attachment 1. Enbridge Gas 9.8 Enbridge Gas has offered no objection. Municipality of Clarington Report PSD -071-18 Page 11 10. Departmental Comments Engineering Services 10.1 The Engineering Department has no objection to the amendment to Draft Approval and rezoning as proposed. An Addendum to the Functional Servicing Report was submitted and is acceptable. The Traffic Impact Study has been updated and meets the Municipality's requirements. The On -Site Parking Plan has been submitted and requires minor revisions but overall is acceptable. A Park Concept Plan has been submitted by the applicant which is generally deemed satisfactory. Further details will be required at the Detailed Design Stage of the subdivision. Emergency and Fire Services 10.2 Emergency and Fire Services have offered no objection to the proposed amendment to draft approval and rezoning. 11. Discussion 11.1 Farsight filed an Official Plan Amendment, draft plan of subdivision and rezoning in 2005. The draft plan went through various changes before finally receiving draft approval in 2010. At the time, the owner of the Bowmanville Zoo, raised various concerns regarding the proximity of proposed residential uses adjacent to the zoo lands, mainly for safety reasons. The stormwater management pond and park were configured in such a way so as to provide a buffer between the new residential dwellings and the zoo lands. A 3.0 metre wide strip of land was to be transferred to the zoo as an extra buffer. The conditions of draft approval required that Farsight install a 3 metre high, non -gated and non -scalable fence with razor wire parallel to the shared property line between the zoo and stormwater management pond. (See Figure 4.) Additional plantings were also required to deter access. Now that the zoo is no longer operating and additional developable lands are available, Farsight proposes to move the park and stormwater management pond westerly which changes their size and configuration. (See Figure 5.) Municipality of Clarington Report PSD -071-18 Page 12 Figure 4: Park and Stormwater Management Pond approved in 2010 11.2 In order for the amendment to Draft Approval to be viable an agreement between Farsight, Savanah and the Municipality of Clarington was required. Council authorized staff to undertake such an agreement, which allows Savanah to retain the existing single detached dwelling, the mobile home park and the original Barley Mill building for limited retail and restaurant use. It allows Farsight to incorporate the lands that were outside of the floodplain and void of natural features into their development and provided 13.7 hectares of additional valley lands to the Municipality. tr Limitsof Draft Apprrned Plan SS •N 3 Me:re Single Fence Detached = Strip Dwellings -- SWM Pond L �n,is Owned 6y • El $1 $aYa75f1811 r" Land Corp l s c _. ;� Opens Spat,• fJ].9 St' -e-2 194 Medium Wo k aS 'rte SC 205-D12 Figure 4: Park and Stormwater Management Pond approved in 2010 11.2 In order for the amendment to Draft Approval to be viable an agreement between Farsight, Savanah and the Municipality of Clarington was required. Council authorized staff to undertake such an agreement, which allows Savanah to retain the existing single detached dwelling, the mobile home park and the original Barley Mill building for limited retail and restaurant use. It allows Farsight to incorporate the lands that were outside of the floodplain and void of natural features into their development and provided 13.7 hectares of additional valley lands to the Municipality. Municipality of Clarington Report PSD -071-18 Limits of Draft Approved Plan SC 2005-002 )Pen Spxe •"`' • Park S .•Ir .. ! ri Lands Owned By r Savannah silt Land Corp J rz r Street Townhouses 0.64 ha awned by Savannah Lands Corp to be added to draft r d approved SC 2005-002 PP plan � OnPn SF:arce �_ king Street IBA Eas 201$-0009 yBlock Sc T r t S -'2005-002 Page 13 Figure 5: Proposed changes to the Park and Stormwater Management Pond in 2018 Parkland and Open Space 11.3 Parkland dedication is calculated at 5% of the land area within any draft plan or 1 hectare per 300 units. In 2010, parkland was calculated at 5%; 2.302 hectares. The draft approved plan totalled 2.67 hectares of parkland, which included a 0.14 hectare parkette situated in the north portion of the subdivision and the 2.53 hectares in the south portion adjacent to the stormwater management pond, which represented an over dedication of 0.5 hectares of parkland. In the current proposal, the parkette remains the same size while the proposed newly configured park is 0.93 hectares in size, or 1.601 hectares smaller. To reduce part of the deficit and to improve the overall park configuration and access to the open space lands staff requested an additional four lots, adjacent the park be removed and added to the park increasing the park size to 9.98 hectares. See Draft Plan on Attachment 2. Municipality of Clarington Report PSD -071-18 Page 14 11.4 As a condition of draft approval, Farsight is required to build the trail through the Soper Creek valley from Durham Highway 2 to Concession Street and make a trail connection to the Barley Mill Park. 11.5 The original conditions of draft approval required Farsight to construct a full park, including all proposed park features including waterplay area, traditional play area, park shelter, un -lit soccer field, connecting walkways, parking lot, '/2 court basketball court and trails connecting the open space to the north, south and west. 11.6 The reconfigured park is outside of the Soper Creek floodplain, save and except the soccer field which is in the floodplain. The preliminary parks plan has been designed with a cut/fill balance to ensure that the soccer field does not reduce the capacity of the floodplain. CLOCA and staff are generally satisfied with the preliminary parks plan however detailed engineering calculations are still required. The Municipality does not accept parkland in a flood plain however, the park together with the soccer field and open space lands to the north, south and west create a large contiguous recreational space for active and passive uses, all in Municipal ownership. These portions will link recreational uses and trails from the Visual Art Centre in the south to Mearns Avenue north of Sprucewood Avenue in the north, which is approximately 3 kilometres of trail. This is a great benefit to the public and consistent with the Corporate Strategic Plan, the Clarington Official Plan and active transportation initiatives. The zoo lands will be transferred to the Municipality void of all buildings, fencing, and former animal enclosures, in a non -contaminated condition and compliant with a Record of Site Condition. These additional benefits offset and compensate appropriately for parkland deficit. Stormwater Management Pond 11.7 A Functional Servicing Report Addendum has been prepared by GHD. GHD proposes that major storm events will be piped around or through the pond. Conveying major storm event flows through the pond is not acceptable to the Conservation Authority. CLOCA is recommending that Block 314, which is a townhouse block adjacent to the stormwater management pond be "frozen" until the detailed design of the pond is provided and approved by CLOCA and the Municipality. Lotting Pattern and Unit Count 11.8 The majority of the changes to the draft plan take place at the south portion of the draft plan where the streets are reconfigured and more residential units are added. Farsight's proposed amended plan also adds street townhouse units replacing single detached units in the north portion of the plan which face Lambs Road. This better implements the recent Local Corridor designation. The lot sizes as well as the unit count in the two medium density blocks remains the same. To make up the short fall of the four lots, the lotting pattern has been changed by reducing the 13.5 metre lots on the west side of the plan to 12 metre lots and by adding in two more lots, resulting in a reduction of two lots over the entire draft plan. The number of larger lots have been reduced despite the overall increase in the number of units. See Table 1. Municipality of Clarington Report PSD -071-18 Housing Type 2010 Draft Approved Plan 2018 Proposal Difference in Unit Count 10m single 101 108 7 12 m single 122 177 55 13.5m single 50 24 -26 7m street townhouse 29 62 33 Block Townhouses 239 239 0 Totals 541 612 69 Table 1: Change in unit count Traffic Page 15 11.9 The traffic generated from the revised development does not require any upgrades on Mearns Avenue, Concession Road 3, King Street or Liberty Street. Under future traffic projections, the signalization and installation of left turn lanes will be required at Lambs Road and Durham Highway 2. The traffic generated from this site will be monitored for triggering impacts on existing intersections by the Municipality and Region of Durham. Rezoning For Sight Triangles 11.10 The applicant also applied for a rezoning to include a setback from the sight triangles on all corner lots. Staff have reviewed the models and lotting sitings submitted in support of the application. The sight triangle is the portion of land forming a part of the road allowance at the intersection of two streets. The sight triangle varies from a 5 m x 5m at the intersection of two local roads to 7.5 m x 14 m at the intersection of a collector road and an arterial road, such as the access to the subdivision. As this is part of the lot boundary, buildings and structures must be setback from the lot line formed by the sight triangle. This is a very technical issue. Staff have amended the Zoning Bylaw to reduce the setback from the dwelling and or porch to 2 metres where the lots abut Lambs Road and 3 metres for corner lots in the interior of the subdivision. It should be noted that this is only required for specific house models. Further sight triangles are grassed areas so the house is generally no closer to the paved road surface. Street Names 11.11 On December 16, 2013 Council directed that Street "H" of draft approved plan of subdivision S -C 2005-002, be named Limba Way to honour the memory of the then deceased elephant Limba. On February 9, 2015, in consideration of the long history of the Bowmanville Zoo and the proximity of this institution to the draft approved plan of subdivision to be developed by Far Sight Homes, Council directed the use of additional names associated with the Bowmanville Zoo in the draft approved plan of subdivision Municipality of Clarington Report PSD -071-18 Page 16 S -C 2005-002. In addition to Limba, other street names approved were Caesar, Jonas, and Julie. Council is asked to reconfirm their support for these street names. 12 Conclusion In consideration of the findings of all supporting studies, agency and resident comments and based on review of the proposal, staff recommend approval of the proposed draft plan of subdivision, including Conditions of Draft Approval (Attachment 1), redlined Draft Plan of Subdivision (Attachment 2) and Zoning By-law amendment (Attachment 3). 13 Strategic Plan The recommendations of this Report conform to the Strategic Plan action to support a variety of affordable mixed housing types, and community design attributes that support our residents at every stage of life and across all abilities, to build trails to connect the community to the waterfront and to promote active transportation. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or cstrike(a)_clarington.net Attachments: Attachment 1 - Conditions of Draft Approval Attachment 2 - Draft Plan of Subdivision Attachment 3 - Zoning By-law. The following is a list of interested parties to be notified of Council's decision: Bryce Jordan, GHD Pam Killens Robert Schickedanz, Farsight Investments Limited Mike Domovitch Alex Nagy, Savannah Land Corporation Dave and Shelley Winkle Richard Mostert Paster James Anderson Steve Dainard DJC/CS/tg Nick Matesic Attachment 1 to Report PSD -071-18 CONDITIONS OF DRAFT APPROVAL File Number: S -C 2005-0002 Farsight Investments Limited Issued for Concurrence: August 31, 2018 Notice of Decision: Draft Approved: _ David J. Crome, MCIP, RPP Director of Planning Services Municipality of Clarington Part 1 - Conditions of Draft Approval 1.1 The Conditions of Draft Approval dated August 11, 2010 and as amended on July 27, 2016 are hereby repealed and replaced by new conditions as set out below. Part 2 — Plan Identification 2.1 The Owner shall prepare a final plan and shall include a land use table on the basis of the approved draft plan of subdivision, as redlined, prepared by GHD, identified as project number 11007, dated April 2016, as revised and dated May 2018, which illustrates 309 lots for single detached dwellings, 2 park blocks, 62 street townhouse units, 2 medium density blocks for 239 units, 1 stormwater management pond, 2 open space blocks, 1 block retained by Owner, road widenings and reserves. Part 3 — General 3.1 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 provisions 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 3.2 The Owner shall name all road allowances included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the "Region"). 3.3 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. Architectural Control 3.4 (1) The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the cost for 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 architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning Services. (3) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan, until the architectural control guidelines for the development and the 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 3.5 (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 3.6 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. Page 12 Part 4 — Final Plan Requirements 4.1 The following road allowances shown on the draft plan shall be dedicated to the Municipality upon registration of the final plan: (a) Streets `A' to `H' inclusive 4.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: (a) Road Widenings and Sight Triangles x A 8.0 metre road widening across the entire frontage of Lambs Road and 14 X14 metre sight triangle at the corner of Concession Road 3 and Lambs Road shown as Blocks 339 & 357 on the draft plan. x A 3.0 metre road widening across the entire frontage of Concession Street East shown as Block 341 on the draft plan. (b) Reserves x A 0.3 metre reserve shown as Blocks 333, 334, 335, 336 and 338 on the draft plan. (c) Parkland Dedications x Park or other public recreational area shown as Blocks 328 and 329 on the draft plan. (d) Open Space Lands as shown in Blocks 331 and 332 on the draft plan. (e) Stormwater Management Pond as shown in Block 330 on the draft plan. (f) The real property identified as "Other Lands Owned By Applicant" on the draft plan, in acceptance with terms and conditions to be negotiated with the Municipality.4.3 The Owner shall transfer to the Region (for nominal consideration, free and clear of encumbrances and restrictions) the following lands and easements: (a) Road Widenings and Sight Triangles x A 5.0 metre road widening across the entire frontage of Regional Highway No. 2 and a 20 metre X 20 metre sight triangle at the corner of Regional Highway No. 2 and Lambs Road shown as Blocks 340 on the draft plan. (b) Reserves x A 0.3 metre reserve shown as Block 337 on the draft plan. Page 13 Part 5 —Plans and Reports Required Prior to Subdivision Agreement/Final Plan Registration 5.1 The Owner shall submit the following plans and report or revisions thereof: Phasing Plan (1) The Owner shall submit plans showing the proposed phasing to the Municipality and the Region for review and approval if this subdivision is to be developed by more than one registration. The Phasing Plan must show how the roads and associated infrastructure within each phase are intended to connect to subsequent phases of development, including the provision of temporary or transitional works such as temporary turning circles, external easements for temporary turning circles, and associated frozen lots. The Municipality shall require the preparation of a subdivision agreement for each phase of development. Noise Report (2) The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Region, for review and approval, an updated noise report, based on the preliminary noise report entitled Noise Impact Study — revised 2, prepared by Sernas Associates, dated March 2009, Revised July 2009, Project No. 02072A. Functional Servicing Report (3) The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Central Lake Ontario Conservation Authority, for review and approval, an updated Functional Servicing Report based the preliminary report entitled, Functional Servicing Report Addendum, Timber Trails Development prepared by GHD, dated July 2018, Project No. 11007. Community Design Plan (4) The Owner shall submit a "Community Design Plan" to the Director of Planning services and Director of Engineering Services for approval. Such plan shall include design concepts for a community theme including gateway treatments, landscape treatments, lighting fixtures, fencing details and related design issues for the overall design, location and configuration of trails and open space buffers. All Engineering Drawings shall conform with the approved Community Design Plan. Environmental Sustainability Plan (5) The Owner shall submit an Environmental Sustainability Plan 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, Page 14 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 (6) 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. Plant Transplant Plan (7) The Owner shall submit and obtain approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington for a Transplant Plan for the regionally rare Geranium maculatum found onsite. Landscaping Plan (8) The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan, for the stream banks, the setbacks from the valley and natural areas as well as the stormwater management pond and associated outfall channel for review and approval of the Central Lake Ontario Conservation Authority and the Municipality of Clarington.Tree Inventory and Assessment (9) The Owner agrees to submit for review and approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington an updated the Tree Inventory and Assessment Report, prepared by Schollen and Company Inc. dated June 27, 2018, to include all areas of the proposed development including the proposed outfall. Compensation Plan (10) The Owner shall submit to and obtain approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington a Compensation Plan for any removal of vegetation as a result of the development. Compensation should be on an aggregate inch replacement basis for the area being distrubed. Page 15 Restoration Plan (11) The Owner shall submit and obtain approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington a Restoration Plan for the areas requiring restoration Geomorphic Hazard Assessment (12) The Owner agrees to submit for review and approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington a Geomorphic Hazard Assessment to define the hazard lands in accordance with the Ministry of Natural Resources and Forestry Erosion Hazard Limit Technical Guide for confined and unconfined systems. The final erosion hazards limits related to the Soper Creek in the vicinity of the proposed soccer field will be determined by the Central Lake Ontario Conservation Authority. The Assessment shall ensure the development is appropriately beyond hazards. Dust Management Plan (13) 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 6 —Special Terms and Conditions to be Included in the Subdivision Agreement Environmental Impact Study 6.1 The Owner agrees to carry out the requirements and recommendations of the Scoped Environmental Impact Study prepared by NEA, Niblett Environmental Associates Inc., dated August 2018, File Number PN -18-068. Page 16 Soper Creek Valley Restoration 6.2 Prior to Authorization to Commence for the first phase of development, the Owner shall implement the recommendations of the approved Transplant Plan, the Landscaping Plan, the Compensation Plan and Restoration Plan to the satisfaction of the Director of Planning Services and Director of Engineering Services and the Central Lake Ontario Conservation Authority. 6.3 Frozen Block The Owner shall not make application for a building permit for Townhouse Block 314 as redlined revised until a functional stormwater management design and corresponding configuration of Storm Water Management Pond Block 330 that accommodates over -land or piped major storm flows to the satisfaction of the Municipality of Clarington and the Central Lake Ontario Conservation Authority. 6.4 Lands Requiring Site Plans The Owner shall not make an application for a building permit in respect of Blocks 326 and 327 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. 6.5 Parkland The Owner shall convey Block 329 to the Municipality for park or other public recreational purposes in accordance with section 51.1 of the Planning Act, R.S.O. 1990, c.P.13, with the registration of the first phase and Block 328 with the registration of the second phase. (1) In this section, "Park Plan" means a plan prepared by a qualified landscape architect showing: (a) all proposed park features including waterplay area, traditional play area, park shelter, un -lit soccer field situated on "Other Lands Owned By Applicant", connecting walkways, parking lot, half -court basketball court and a trail connection to link the open space to the north, south and west; and (b) the proposed grading and stormwater drainage system to demonstrate that the proposed park size and the location of the soccer field, configuration and topography will allow for the construction of park facilities. (2) An Authorization to Commence shall not be issued for any Works until the Owner has submitted and the Director has approved the Park Plan. (3) The Owner shall construct, and ensure the Engineering Drawings incorporate the final grades for the park, Block 328 including 200 mm Page 17 minimum topsoil and seeding, sodding, fencing, all storm sewer servicing within the park. (4) The Owner will be responsible for the cost (100%) of constructing the park on Block 329 and the soccer field, walkways on "Other Lands Owned By Applicant". The Owner shall retain a qualified Landscape Architect to undertake the preparation of park construction drawings and specifications all to be approved by the Director of Engineering Services. The park construction drawings shall clearly indicate all park grading, equipment and facilities. Park facilities to be included in the park block shall include but not be limited to: i. water play area with rubberized surface; ii. traditional playground with equipment suitable for junior and senior age children; iii. hard surface play court (i.e. basketball); iv. shade structure; V. park furniture such as benches, picnic tables, waste containers, bike racks as appropriate; vi. one unlit soccer field; vii. paved walkways/trail linkages; viii. lighting to discourage loitering and vandalism around the central play area; ix. tree and shrub planting as appropriate; X. park sign; and A. park entirely sodded. (5) The Owner agrees to commence construction of the park at the issuance of the 151 St building permit and agrees to complete the park construction in accordance with the approved construction drawings and specifications prior to the issuance of the 200th building permit. (6) For purposes of the Subdivision Agreement, all works under the section 6.2, 6.5 (3) (4), 6.6 (1) (2) are considered a separate Works Component with a minimum maintenance period of 2 years. 6.6 Open Space and Trails The Owner shall convey Open Space Block 331 with the registration of the first Phase of development and shall convey Block 332 with the registration of second phase of development. (1) Phase 1 - Trail Construction i) The Owner is responsible for the cost (100%) of constructing a 3.0 metre pedestrian trail along the east side of Soper Creek within Block 331. The trail shall extend from the future sidewalk network along Page 18 Concession Street East continuing south within the 5 metre buffer to the Environmental Limits along Blocks 326 and 328 and Lots 16 to 44 to complete a trail connection to the Park (Block 329). The Owner agrees to complete the trail construction prior to the issuance of the 240th building permit. ii) The Owner will be responsible for the cost (100%) of constructing a 3.0 metre connecting pedestrian trail, including the bridge crossing over Soper Creek, westerly from Blocks 331 and 329, to lands identified by Assessment Roll Number 18-17-020-060-16721 owned by the Municipality of Clarington, known as Barley Mills Park. The trail shall terminate where Barley Mill Park fronts onto Barley Mill Crescent. The trail shall include a bridge and abutments over Soper Creek. (2) Phase 2 - Trail Construction i) The Owner is responsible for the cost (100%) of constructing a 3.0 metre pedestrian trail within Block 332, from Street `D' to Lambs Road. The Owner agrees to commence construction of the trail in Block 332 prior to issuance of 1St building permit. (3) The design and specifications of all Open Space pedestrian trails and bridge crossing over Soper Creek shall be approved by the Director of Engineering Services. 6.7 Noise Attenuation (1) The Owner shall implement the noise attenuation measures recommended in the updated noise report. (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. 6.8 Cost Recovery for Lambs Road Reconstruction Prior to the issuance of Authorization to Commence, the Owner shall provide a cash payment for external improvements for Lambs Road based on the original cost of works in 2011 at $93,648.19, plus 15% Engineering Fees. The payment shall be indexed according to the Construction Price Index (CPI) at the time Authorization of Commence is issued. 6.9 Temporary Turning Circles (1) Temporary turning circles are required at phase limits where roadways are incomplete and any lots abutting temporary turning circles will be frozen and not eligible for building permits. Page 19 (2) Where part of all of a temporary turning circle is on lands outside of the road allowances, the Owner shall convey an easement to the Municipality in a form satisfactory to the Municipal Solicitor. Such easement shall be released for nominal consideration when the turning circle is removed to the satisfaction of the Director of Engineering Services. (3) Where proposed road connects to existing temporary turning circle, the Owner shall restore all areas to municipal standards. This includes curbs, sidewalks, asphalt, drainage, boulevard topsoil and sod, street trees and streetlighting relocations, all to the satisfaction of the Director of Engineering Services. Part 7 — Agency Conditions 7.1 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) The Owner shall carry out archeological assessment of the subject property and mitigation and/or salvage excavation of any significant Page 110 heritage resources to the satisfaction of the Ministry of Tourism, Culture and Sport. No grading or other soil disturbance shall take place on the subject property prior to the letter of clearance from the Ministry of Tourism, Culture and Sport. (7) The Owner shall submit to the Region of Durham, for review and approval, a revised acoustic report prepared by an acoustic engineer based on projected traffic volumes provided by the Region of Durham Planning and Economic Development Department and recommending noise attenuation measures for the draft plan in accordance with the Ministry of the Environment and Climate Change guidelines. The Owner shall agree in the Subdivision Agreement to implement the recommended noise control measures. The agreement shall contains a full and complete reference to the noise report (i.e author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the Subdivision Agreement containing such provisions prior to final approval of the plan. (8) Prior to the finalization of the plan of subdivision, the Owner must provide satisfactory evidence to the Regional Municipality of Durham in accordance with the Region's Site Contamination Protocol to address site contamination matters. Such evidence may include the completion of a Regional Releance Letter and Certificate of Insurance. Depending on the nature of the proposal or the findings of nay Record of Site Condition (RSC) Compliant Phase One Environmental Site Assessment (ESA), and RSC Compliant Phase Two ESA may also be required. The findings of the Phase Two ESA could also necessitate the requirement for an RSC through the Ministry of the Environment and Climate Change accompanied by any additional supporting information. 7.2 Conservation Authority That prior to any on-site grading or construction or final approval of the plan, the Owner shall submit to and obtain approval from the Central Lake Ontario Conservation Authority for reports describing the following: a. The intended means of conveying stormwater flow from the site, including the use of stormwater techniques which are appropriate and in accordance with provincial guidelines. The report must detail appropriate means to divert the minor flows greater than the 25mm event around the stormwater facility and to convey the major flows directly to the creek in an appropriate outlet. Appropriate and supporting information and calculations are required to the satisfaction of CLOCA; b. The anticipated impact of the development on water quality once adequate protective measures have been undertaken; Page 111 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; d. The design and details of the proposed bioswale and outfall channel. 2. The Owner agrees to provide a cut and fill plan including calculations at 0.3m vertical increments and a cut and fill drawing to demonstrate that fill placement has been reduced to the extent possible within the floodplain to the satisfaction of CLOCA. It must be demonstrated to the satisfaction of CLOCA that there will be no impacts to adjacent properties or structures as a result of the cut and fill operation. 3. The Owner shall dedicate the Open Space Blocks 331 and 332 to an appropriate public agency, such as the Municipality of Clarington. 4. The Owner shall install non -gated fencing along the western boundary of the Block Townhouse Block 326, along the rear of the lots 16 to 46 inclusive, and southern boundaries of the street townhouse blocks 314 & 315 and the west and south limits of Block Townhouse Block 327. 5. The Owner prepare a Homeowners Manual/Guide to distribute to all property purchasers in the development area educating landowners about the wetland, coldwater creek, wildlife and valleylands. 6. The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing fees and Technical Review fees owing as per the approved Authority Fee Schedule. 7. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a. The Owner agrees to maintain all stormwater and erosion and sediment control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. b. The Owner agrees to obtain a permit from the Central Lake Ontario Conservation Authority prior to the commencement of grading or initiation of any on-site works. 7.7 Canada Post Corporation (1) The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision Lands and the provision of community mailbox locations, as follows: Page 112 (a) The Owner shall advise Canada Post as to the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. (b) If applicable, the Owner shall ensure that any street facing installs have a pressed curb or curb cut. (c) The Owner shall advise Canada Post as to the expected first occupancy date and ensure the site is accessible to Canada Post 24 hours a day. (d) The Owner will consult with Canada Post and the Municipality to determine suitable permanent locations for the Community Mail Boxes. The Owner will then indicate these locations on the appropriate servicing plans. (e) The Owner 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 within the development, as approved by Canada Post. (f) The Owner will provide a suitable and safe temporary site for a Community Mail Boxes upon approval of the Municipality (that is levelled with appropriate sized patio stones and free of tripping hazards), until curbs, sidewalks and final grading are completed at the permanent locations. Canada Post will provide mail delivery to new residents as soon as the homes or units are occupied. (g) Owner agrees to provide the following for each Community Mail Boxes and to include these requirements on the appropriate servicing plans (if applicable): i) Any required walkway across the boulevard, per municipal standards; and ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). 7.8 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. Page 113 (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 8 — Standard Notices and Warnings 8.1 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. 8.2 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. 8.3 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: (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 16 to 46, Blocks 314, 316, 326 and 327: Chain Link Fencing — Chain link fencing is a required feature between this lot and the adjacent open space. No gates into the open space lands area permitted. This fencing is located on the public portion of the abutting land and will be maintained by the Municipality after the developer has been released from any further responsibility for the fence. Debris and Pool/Spa Water— Purchasers may not dumb any materials, debris or grass clippings on these lands. Purchasers may not drain swimming pool or spa water directly on these lands. Water should be directed to the road where it enters the storm water system, and is treated by Stormwater Management Controls. Public Walkway — A public walkway may be developed on the open space lands owned by the Municipality. 8.6 Nearby Farm Operations The Owner shall include the following warning clause in agreements of purchase and sale for All Lots: "Farm Operations —There are existing farming operations nearby and that such farming activities may give rise to noise, odours, truck traffic and outdoor lighting resulting from normal farming practices which may occasionally interfere with some activities of the occupants." Page 114 8.7 Nearby Park The Owner shall include the following warning clause in agreements of purchase and sale for Lots 15, 16, 45 & 46 : "Park - The adjacent Block 328 and 329 is designated for parkland uses including community events and recreation facilities which, when developed, may contain active lighted facilities for night-time services." 8.8 Chain Link Fencing The Owner shall include the following notice in the agreements of purchase and sale for Lots 15, 16, 45 and 46: "Chain Link Fencing — Chain link fencing is a required feature between this lot and the adjacent park. This fencing must be located on the public portion of the abutting land and will be maintained by the Municipality after the developer has been released from any further responsibility for the fence." 8.9 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 9 - Clearance 9.1 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 2.1, 3.2, 4.3, 5.1(1). 5.1(2), 6.7, 7.1 have been satisfied; (b) Central Lake Ontario Conservation Authority, how Conditions 5.1(3), (7), (8), (9), (10), (11), (12) , 6.1, 6.2, 6.3, 7.2 have been satisfied; and (c) Canada Post, how Conditions 7.7 have been satisfied. Part 10 — Notes to Draft Approval 10.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality's standard subdivision agreement. 10.2 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. Page 115 10.3 If final approval is not given to Phase 1 of this plan by no later than September 10, 2020, and no later than September 10, 2023 for any subsequent phase, 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. 10.4 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) 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 2005\S -C-2005-0002 Farsight\1- Amendment t DRAFT APPROVAL 2018\Draft Approval\Draft 1 Conditions of Draft Approval 003 .doc Page 116 Z �� Plot Date: 6 September 2018 - 4:00 PM Plotted by: Agnes Gruszecka Cad File No: N:\CA\Whitby\Projects\Legacy\GMS\Proj\2011\11007 DARLINGTON MILLS PHASE I\Planning\Planning Group\TIMBER TRAILS\11007-Timber Trails DP -Rev Sept6-118.dwg 7Y7 KEY PLAN -Not to Scale PROPOSED REVISION TO DRAFT APPROVED PLAN DRAFT PLAN OF SUBDIVISION OF S -C-2005-0002 PART OF LOT 7 & 8 CONCESSION 1 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM SCHEDULE OF LAND USES: SITE STATISTICS: LOW DENSITY RESIDENTIAL LOTS UNITS 4 10.0+m FRONTAGES - 108 108 (DETACHED DWELLINGS) B A.G. S.C. 12.0 +m FRONTAGES - 177 177 (DETACHED DWELLINGS) B.J. 04/16 13.5+m FRONTAGES - 24 24 m� Project Director 12,11 12.11 12.11 12.0 12.0 12.0 12,0 12.0 12.0 10.0 10.0 10.0 10.0 10, 10.11 10A M (40 units per ha) 105 104 103 02 101 00 99 98 97 9 95 94 93 92 328 90 OPEN SPACE 329-330 15.66 •� • 1.21 • • • • 1• • A A A A A A 0.61 a2.om 2399 P73 24.0 m R.O.W. 23 0.18 TOTAL AREA 5.71 ha TOTAL AREA OF SUBMISSION 46.96 ha • • • • • • n• • A ♦ A ♦ A 74 75 76 77 78 79 80 81 82 83 84 85 86 88 89 _ 0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 t2, .0 10.0 10.0 10.0 10.0100 1D. 10.3 Plot Date: 6 September 2018 - 4:00 PM Plotted by: Agnes Gruszecka Cad File No: N:\CA\Whitby\Projects\Legacy\GMS\Proj\2011\11007 DARLINGTON MILLS PHASE I\Planning\Planning Group\TIMBER TRAILS\11007-Timber Trails DP -Rev Sept6-118.dwg 7Y7 KEY PLAN -Not to Scale PROPOSED REVISION TO DRAFT APPROVED PLAN DRAFT PLAN OF SUBDIVISION OF S -C-2005-0002 PART OF LOT 7 & 8 CONCESSION 1 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM SCHEDULE OF LAND USES: SITE STATISTICS: LOW DENSITY RESIDENTIAL LOTS UNITS 4 10.0+m FRONTAGES - 108 108 (DETACHED DWELLINGS) B A.G. S.C. 12.0 +m FRONTAGES - 177 177 (DETACHED DWELLINGS) B.J. 04/16 13.5+m FRONTAGES - 24 24 (DETACHED DWELLINGS) Project Director Date TOTAL # LOTS/UNITS S.F. RESIDENTIAL 309 309 + TOTAL AREA S.F. RESIDENTIAL 12.21 ha MEDIUM DENSITY RESIDENTIAL BLOCKS UNITS AREA (ha) 7.Om STREET TOWNHOUSES 210-323 62 1.45 BLOCK TOWNHOUSES 324-325 239 6.91 (40 units per ha) TOTAL # UNITS RESIDENTIAL 610 8.36 TOTAL AREA RESIDENTIAL 20.57 ha LAND USE BLOCKS BLOCKS AREA(ha) PARKS 326-327 1.12 SWM POND 328 1.44 OPEN SPACE 329-330 15.66 RETAINED BY OWNER 331 1.21 0.3m RESERVES 332-337 0.04 ROAD WIDENINGS 1 338-341 1.21 TOTAL AREA 20.68 ha ROADS LENGTH(m) AREA(ha) 15.0 m R.O.W. 377 0.61 20.0 m R.O.W. 2399 4.92 24.0 m R.O.W. 23 0.18 TOTAL AREA 5.71 ha TOTAL AREA OF SUBMISSION 46.96 ha ADDITIONAL INFORMATION UNDER THE PLANNING ACT Under section 51(17) of The Planning Act H) Piped municipal water supply information required by clauses A,B,C,D,E 1) Sandy, Clay F,G, & J shown on Draft and Key plans. K) All municipal services required L) As shown OWNER'S CERTIFICATE WE, THE REGISTERED OWNERS OF THE SUBJECT LANDS, HEREBY AUTHORIZE GHD TO PREPARE AND SUBMIT A DRAFT PLAN OF SUBDIVISION FORAPPROVAL. FARSIGHT INVESTMENTS LIMITED SIGNED "SIGNATURE ON FILE" DATE "MAY 30/ 2018" OWNER'S CERTIFICATE WE , THE REGISTERED OWN ERS OF THE SUBJECT LANDS, HEREBY AUTHORIZE GHD TO PREPARE AND SUBMIT A DRAFT PLAN OF SUBDIVISION FOR APPROVAL. SAVANNAH LAND CORPORATION SIGNED _"SIGNATURE ON FILE" DATE "MAY 31/ 2018" C REVISION FOR REPORT REVISION TO DRAFT APPROVED PLAN AS DRAFT APPROVED A.G. B.J. B.J. 09/18 B A.G. S.C. B.J. B.J. B.J. 05/18 A B.J. 04/16 No. Revision Drawn MJob anager Project Director Date Drawing Revisions Note: * indicates signatures on original issue of drawing or last revision of drawing GHD Inc. Conditions of Use. This document may only be used by GHD's client (and any other person who GHD has agreed can use this document) for the purpose for which it was prepared and must not be used by any other person or for any other purpose. 11111111 A 0 20 40 60 80 100m Original Size Arch D 65 Sunray Street, Whitby Ontario L1 N BY3 T 1 905 686 6402 F 1 905 432 7877 E ytomail@ghd.com W www.ghd.com Client FARSIGHT INVESTMENTS LIMITED Project TIMBER TRAILS Drawn A.G./S.C. Drafting B.J. Check Approved (Project Director) Project No. 11007 Date PA Attachment 3 to Report PSD -071-18 The Corporation of the Municipality of Clarington By-law 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 to ZBA 2018-0009: Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 26.5 "Zone Suffixes" is hereby amended by adding a new section subsection "c" as follows: "c) The suffix "(ST)" indicates the setback from the sight triangle. The suffix "ST" followed by a number is the minimum setback from the sight triangle. For example, R2-58(ST:2) indicates a minimum setback of 2 metres." 2. Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding -Urban Residential Exception ((H) R1) Zone" to "Holding -Urban Residential Exception ((H) R1-58) Zone", "Holding -Urban Residential Exception ((H) R1) Zone" to "Holding -Urban Residential Exception ((H) R1-60) Zone", "Holding -Urban Residential Exception ((H) R1) Zone" to "Holding -Urban Residential Exception ((H) R3-40) Zone", "Holding -Urban Residential Exception ((H) R1) Zone" to "Environmental Protection (EP) Zone", "Holding -Urban Residential Exception ((H) R2-58) Zone" to "Holding -Urban Residential Exception ((H) R2-60) Zone", "Holding -Urban Residential Exception ((H) R2-58) Zone" to "Holding -Urban Residential Exception (H) R2-62) Zone", "Holding -Urban Residential Exception ((H) R2-58) Zone" to "Holding -Urban Residential Exception ((H) R3-40) Zone", "Holding -Urban Residential Exception ((H) R2-60) Zone" to "Holding -Urban Residential Exception ((H) R2-58) Zone", "Holding -Urban Residential Exception ((H) R2-60) Zone" to "Holding -Urban Residential Exception ((H) R3-40) Zone", "Holding -Urban Residential Exception ((H) R2-61) Zone" to "Holding -Urban Residential Exception ((H) R2-60) Zone", "Holding -Urban Residential Exception ((H) R2-62) Zone" to "Holding -Urban Residential Exception ((H) R2-58) Zone", "Holding -Urban Residential Exception ((H) R2-62) Zone" to "Holding -Urban Residential Exception ((H) R2-60) Zone", "Environmental Protection (EP) Zone" to "Holding -Urban Residential Exception ((H) R2-58) Zone", "Environmental Protection (EP) Zone" to "Holding -Urban Residential Exception ((H) R2-60) Zone", "Environmental Protection (EP) Zone" to "Holding -Urban Residential Exception ((H) R3-40) Zone", "Environmental Protection (EP) Zone" to "Urban Residential (R1) Zone", as illustrated on the attached Schedule `A' hereto. By -Law passed in open session this day of , 2018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk i:\^department\Ido new filing system\application files\sc-subdivision\s-c 2005\s -c-2005-0002 farsight\1- amendment to draft approval 2018\staff report\psd-071-18\attachment 3 to psd-071-18 bylaw.docx This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. ee I y r• a �y p y p v A Y K- See Next Page For Legend This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. Zoning Change From "(H)RI" To "(H)R2-58" Zoning Change From "(H)R1"To "(H)R2-58(ST.3)" ® Zoning Change From "(H)R2-58" To "(H)R2-58(ST.3)" - Zoning Change From "(H)R2-60" To "(H)R2-53" - Zoning Change From "(H)R2-60" To "(H)R2-58(ST:3)" - Zoning Change From "(H)R2-62" To "(H)R2-56" - Zoning Change From "EP" To "(H)R2-58" Zoning Change From "(H)R1" To "(H)R2-60" ® Zoning Change From "(H)R1"To "(1-I)R2-60(ST.3)" - Zoning Change From "(H)R2-58" To "(H)R2-60" - Zoning Change From "(H)R2-58" To "(H)R2-60(ST:3)' +�+++ Zoning Change From "(H)R2-60" To "(H)R2-60(5T:3)" - Zoning Change From "(H)R2-61" To "(H)R2-60(5T:2)" - Zoning Change From "(H)R2-62" To "(H)R2-60" Zoning Change From "(H)R2-62" To "(H)R2-60(5T:3)" -Zoning Change From "EP" To "(H)R2-60" Zoning Change From "EP" To "(H)R2-60(S73)" Zoning Change From "(H)R1"To "(H)R340" Adrian Foster, Mayor 0 Zoning Change From "(H)R1"Ta "[H)R3 dOtST:3)" F7Zoning Change From "(H)R2-58" To "(H)R3-40" ® Zoning Change From "(H)R2-58" To "(H)R3-46(ST:3)" FIZoning Change From "(H)112-60" To "(H)R3-40" Zoning Change From "(H)R2-60" To "(H)R3-40(ST:3)" - Zoning Change From "EP" To "(H)R3-44(ST3)" - Zoning Change From "(H)R2-58" To "(H)R2-62' Zoning Change From "(H)RV To "EP" - Zoning Change From "(H)R1"T6"Ri" - Zoning Change From "(H)112-62" To "R1" ® Zoning Change From "EP" To "R1" Zoning To Remain "(H)R1" - Zoning To Remain "(H)R2-58" F7Zoning To Remain "(H)R2-60" Zoning To remain "(H)R2.62" - Zoning To Remain "(H)R3.40" Zoning To Remain "EP" Bowmanville • ZBA 2018.0009 " Schedule 3 C. Anne Greentree, Municipal Clerk