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Home My WebLink AboutPSD-101-07 Cl~!il1glOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEii' _ -1;l; r.PA- 51 {;-07 1?~)u-tion ,Cl Tuesday, September 4, 2007 Date: Report #: File#: ZBA 2001-016 By-Iaw#: :;),001- \ es S-C-2001-002 and COPA 2005-002 MINUTES OF SETTLEMENT FOR REZONING AND DRAFT PLAN OF SUBDIVISION APPLICATIONS TO PERMIT MEDIUM DENSITY RESIDENTIAL USES APPLICANT: FIRST-TECH MECHANICAL SYSTEMS INC., MARIA WULCZYN, AND PERCY NAPPER PSD-101-07 Subject: RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-101-07 be received; 2. THAT the draft Minutes of Settlement between First-Tech Mechanical Systems Inc., Maria Wulczyn, and Percy Napper and the Municipality of Clarington contained in Attachment 2, be APPROVED; 3. THAT the By-law contained in Attachment 3, to authorize the Mayor and Clerk to execute Minutes of Settlement between First-Tech Mechanical Systems Inc., Maria Wulczyn, and Percy Napper and the Municipality of Clarington, substantially in the form of the draft Minutes of Settlement contained in Attachment 2, be PASSED; 4. THAT the Municipality's Solicitor and Staff be authorized to present the Minutes of Settlement to the Ontario Municipal Board to request the Board to approve the Zoning By-law Amendment, th e Conditions of Draft Approval, and the Land Division Conditions attached to the Minutes of Settlement; and 5. THAT the Ontario Municipal Board and all interested parties listed in this report and any delegatio be advised of Council's decision. Reviewed bO ~-..:, (!~ Franklin Wu, Chief Administrative Officer Submitted by: Dav . rome, M.C.I.P., .P.P. Director of Planning Services RH/CP/DJCI 28 August 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-101-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: First-Tech Mechanical Systems Inc., Maria Wulczyn, and Percy Napper 1.2 Agent: Weston Consulting Group Inc. 1.3 Draft Plan of Subdivision: To develop a draft plan of subdivision containing three (3) single detached dwelling units and a block for up to nine (9) townhouse dwelling units. 1.4 Rezoning: To rezone the subject lands from "Holding - Urban Residential Type One ((H)R1 Zone" and "Urban Residential Type Two (R2) Zone" to permit the development of a draft plan of subdivision. 1.5 Site Area: 0.39 hectares (0.98 acres) 2.0 BACKGROUND 2.1 Two properties are the subject of the applications. First-Tech Mechanical Systems Inc. and Maria Wulczyn own the property located at 1613 Highway 2, which fronts on Highway 2 and Kennedy Drive (see Attachment 1). A small parcel of land is required from Percy Napper at 33 Kennedy Drive immediately to the south to provide frontage for: . eastern-most single detached lot on Kennedy Drive; and . extension of municipal services from Kennedy Drive to the proposed townhouses. 2.2 The rezoning (ZBA 2001-016) and draft plan of subdivision (S-C-2001-002) applications were initially submitted by Weston Consulting Group Inc. on behalf of First-Tech Mechanical Systems Inc., Maria Wulczyn, and Percy Napper to the Municipality of Clarington on June 25, 2001. A total of three public meetings have been held for proposals on the subject lands. . An initial Public Meeting was held on September 4, 2001 for a proposal that contained 4 single detached dwelling units fronting on Kennedy Drive and a block for up to 7 townhouse dwelling units. The townhouses would access Highway 2 through a common rear lane while the single detached lots fronting on Kennedy Drive would gain individual access from Kennedy Drive. The proposal also contemplated severance of the existing single detached dwelling on the property from the remainder of the property. . Since severance of the existing single detached dwelling from the subject lands did not conform to the Clarington Official Plan, the applicant submitted an application to amend the Clarington Official Plan on January 21, 2005. A Public Meeting was held on March 7, 2005 to REPORT NO.: PSD-101-07 PAGE 3 consider a proposal that contained 3 single detached dwelling units fronting on Kennedy Drive and a block for up to 7 townhouse dwelling units, and the retention and severance of the existing single detached dwelling on the property from the remainder of the property. . A third Public Meeting was held on September 5, 2006 for a revised draft plan of subdivision submitted by Weston Consulting Group Inc. The revised application proposes a block for up to nine (9) townhouse dwelling units fronting on Highway 2 and three (3) single detached units fronting on Kennedy Drive. The existing single detached dwelling on the lands is now proposed to be removed from the site (see Attachment 1). . No member of the public has ever spoken in opposition to or support of these proposals at any of these Public Meetings. 2.3 The applicants had submitted two related severance applications in 2000. One application (LD 159/2000) would sever the existing single detached dwelling contained on the subject lands from the vacant property. The second application (LD 158/2000) would sever a small parcel of land from Percy Napper's property to provide Kennedy Drive road frontage for the proposed development. After being tabled on a number of occasions, Staff recommended at the August 16th, 2004 meeting that LD159/2000 be denied because the proposed severance did not conform to the Clarington Official Plan policies. At the same meeting, Staff recommended that LD158/2000 be tabled for a further year. On September 14, 2004, the decisions of the Durham Region Land Division Committee were appealed to the Ontario Municipal Board. A hearing initially scheduled for February 16, 2005 on this matter was adjourned indefinitely. 2.4 Following the appeal of the consent applications on January 27, 2005, a Clarington Official Plan Amendment was submitted to amend the "Special Policy Area F - King Street Corridor" policies in the Clarington Official Plan to permit low and medium density residential uses as well as facilitating the severance and retention of the existing single detached dwelling fronting on Highway NO.2 from the subject lands. A Public Meeting was held for this application on March 7, 2005, at which no member of the public either spoke in opposition to or in support of the application. 2.5 On February 16, 2006, the applicant appealed the rezoning (ZBA 2001-016) and subdivision (S-C-2001-002) applications to the Ontario Municipal Board. In order to consolidate all appeals, the applicant also appealed the Official Plan amendment (COPA 2005-002) application to the Ontario Municipal Board on November 24, 2006. As such, Council no longer has the jurisdiction to make a decision on these applications. In preparing for the Municipality's position on the revised proposal, Staff felt that a further Public Meeting was necessary for the revised applications. On September 5, 2006, a public meeting on the revised proposed plan of subdivision and zoning by-law amendment was held to provide an opportunity for input from adjacent residents. No member of the public spoke either in opposition to or in support of the proposal. REPORT NO.: PSD-101-07 PAGE 4 2.6 The Municipality's solicitor and Staff attended an Ontario Municipal Board pre- hearing on August 1,2007. The purpose of the pre-hearing was to determine the issues, interested parties, and future hearing dates. At the pre-hearing, both parties agreed that the revised draft plan of subdivision was acceptable in principle. Subsequently, the applicant agreed to withdraw the Official Plan Amendment (COPA 2005-002) and Land Division (LD 159/2000), at such time the draft plan of subdivision and rezoning application are approved, since they were no longer required. Therefore, this report contains a proposed zoning by- law amendment (see Attachment 2) and conditions of draft plan approval (see Attachment 3). Attachment 4 contains municipal conditions to be imposed on the Land Division (LD 158/2000) application submitted by Percy Napper for the transfer of lands needed for the proposed draft plan of subdivision. 2.7 A further pre-hearing date has been scheduled for September 27, 2007. Should a settlement not be reached by this date, a hearing date has been scheduled for November 15 and 16, 2007 to hear the appeals. 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 The property owned by First-Tech Mechanical Systems Inc. and Maria Wulczyn is vacant and contains some low vegetation and young trees around the perimeter. An existing single detached dwelling is located on the east side of the Highway 2 property. 3.2 Surrounding Uses: East - North - West - South - Urban residential Urban residential Courtice Motel and Scoops ice cream shop Urban residential 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement The Provincial Policy Statement identifies settlement areas as the focus of growth and promotes residential intensification of vacant and underutilized property. The policies also promote a variety of higher density residential development within urban areas. The proposed development is consistent with the Provincial Policy Statement. 4.2 Growth Plan The Provincial Growth Plan promotes urban intensification of underutilized and vacant properties for intensive development. Emphasis is placed on intensification along major arterial roads to support transit use. The proposed development is consistent with the Growth Plan. REPORT NO.: PSD-101-07 PAGE 5 5.0 OFFICIAL PLANS 5.1 Durham Reqional Official Plan The Durham Regional Official Plan designates the subject lands as "Living Area". Residential uses are permitted within this designation. The application conforms to the policies. 5.2 Clarinqton Official Plan The Clarington Official Plan designates the property "Special Policy Area F - King Street Corridor". Medium and high density residential uses are permitted within this designation. The proposed development conforms to the medium density housing range both in terms of density and housing mix. While there are three single detached dwellings proposed, the predominant proposed and future housing form is townhouse development. 6.0 ZONING BY-LAW CONFORMITY 6.1 Zoning By-law 84-63 zones the subject lands at 1613 Highway 2 as "Holding- Urban Residential Type One ((H)R1) Zone", which does not permit the proposed housing mix. In order to permit the proposal, a rezoning application was submitted for consideration. 6.2 Zoning By-law 84-63 zones the portion of land at 33 Kennedy Drive as "Urban Residential Type Two (R2) Zone", which recognizes the existing development. In order to permit the proposal, the rezoning application also covers this area. 7.0 PUBLIC SUBMISSIONS 7.1 A total of three Public Meetings were held for the various versions of the proposed draft plan of subdivision. The Planning Services Department has not received a written submission and no member of the public ever spoke either in opposition to or in support of the application. 8.0 AGENCY COMMENTS 8.1 A number of relevant agencies were circulated on this revised application for comment. Comments received are summarized below and applicable agency conditions have been incorporated in the Conditions of Draft Approval contained in Attachment 3. Neither school board nor utilities have raised any objections to the application or provided any conditions of approval. REPORT NO.: PSD-101-07 PAGE 6 8.2 The Clarington Emergency Services Department has reviewed the temporary 20 metre turning radius proposed by the applicant. The Emergency Services Department is prepared to accept the proposed configuration as a temporary situation until Kennedy Drive is extended further to the west in conjunction with redevelopment of adjacent lands. 8.3 The Clarington Engineering Services Department has no objections provided that the following issues can be addressed: . No access will be permitted to Kennedy Drive from the townhouses; . The driveway to 33 Kennedy Drive (Percy Napper's property) be modified to accommodate the driveway of the eastern-most proposed lot; and . A preliminary grading and drainage plan must be submitted to show how stormwater will be conveyed from the proposal. 8.4 The Durham Region Planning and Durham Region Public Works Departments have no further objections to the proposal and have as such provided conditions of draft plan approval. Standard conditions that must be fulfilled by the applicant include preparation of a draft plan of subdivision, conveyance of necessary road widening on Highway 2 and reserves, preparation of a noise report, extension of full municipal services, and preparation of a Record of Site Condition satisfactory for the Ministry of Environment. 8.5 Central Lake Ontario Conservation Authority has no objections provided that a detailed stormwater management design brief is submitted, that adequate measures have been undertaken to protect fish and wildlife habitat, and that an erosion and sedimentation report be prepared. 9.0 STAFF COMMENTS 9.1 The Highway 2 Corridor in Courtice is an area of transition from the original large lot single detached dwelling to an area of more intense uses to take advantage of the Regional Transit Spine. "Highway to Mainstreet: Courtice Highway 2 Corridor and Main Central Area Study" was completed in June 2001 to provide assistance with the transition of the area in facilitating redevelopment or infill development. The study recommended that the subject lands be designated for medium and/or high density residential uses. The proposed Secondary Plan presented in 2002 would permit low density housing fronting on Kennedy Drive as a buffer between existing low density areas and new medium or high density residential areas fronting on Highway 2. A Staff report and proposed Secondary Plan for this area met with opposition from land owners and was tabled by Council in 2002. The Secondary Plan has not been reconsidered to date. 9.2 Staff have reiterated that while the intensification portion of the proposal was acceptable, the original proposed severance and retention of the existing single detached dwelling fronting on Highway 2 could not be supported. The revised REPORT NO.: PSD-101-07 PAGE 7 application proposes a private rear lane for the townhouse block that could be extended eastwards in the future to facilitate intensification of properties located at 1615 and 1617 Highway 2. Staff have always been concerned that severing the existing dwelling would preclude an extension of this lane to the east. While previous plans had always proposed this severance, the revised application is a significant departure from previous submissions and no longer proposes to retain the existing single detached dwelling fronting on Durham Highway NO.2. Staff have indicated that the revised application is now consistent with the intent of the Clarington Official Plan and that Staff, in principle, support the proposal, provided that all technical agency issues are resolved. 9.3 The proposal shows a temporary turning circle on site to serve the proposed townhouse block, which would allow for emergency service vehicle turning movement and snow storage. Should development be extended further eastward, the turning circle could be replaced by additional development conforming to the Municipality's policies. 9.4 Since the applicant has appealed the Official Plan Amendment, rezoning, draft plan of subdivision, and both consent applications to the Ontario Municipal Board, Council no longer has the authority to make a decision on these applications. 9.5 The proposed townhouse development on Block 4 of the proposed draft plan of subdivision will be subject to site plan approval. However, specific zoning has been drafted providing exceptions from the standard 'R3' zoning regulations for lot frontage and interior side yard setbacks to accommodate the proposal. Through the site plan approval process, the development will be finalized and all applicable landscaping and amenity area policies will be implemented. Should the development be sold as condominium tenure, a draft plan of condominium must also be approved at a later date by Council. 9.6 The proposed Minutes of Settlement are contained in Attachment 2. The proposed settlement contains the proposed Conditions of Draft Plan Approval, the proposed Zoning By-Law Amendment, and the proposed Land Division Conditions. Together, the proposed draft plan of subdivision, the proposed zoning by-law amendment, and the land division conditions would permit three (3) single detached dwellings and a block for up to nine (9) townhouse dwelling units. 10.0 CONCLUSIONS 10.1 Based on the comments contained in this report, Staff would recommend that the Municipality request the Ontario Municipal Board to: REPORT NO.: PSD-101-07 PAGE 8 . APPROVE the revised draft Plan of Subdivision to permit three (3) single detached dwellings and a block for up to nine (9) townhouse dwelling units subject to conditions of approval contained in Attachment 2; . APPROVE the revised Zoning By-law Amendment contained in Attachment 2; . DISMISS the appeal of the proposed Official Plan Amendment application (COPA 2005-002) to permit the severance and retention of the existing single detached dwelling fronting on Highway 2 from the subject lands; . APPROVE the Land Division application (LD 158/2000) subject to the conditions contained in Attachment 2; . DISMISS the appeal of the Land Division application (LD 159/2000) to permit the severance and retention of the existing single detached dwelling fronting on Highway 2 from the subject lands; Attachment 3 contains a by-law authorizing the Mayor and Clerk to execute Minutes of Settlement between First-Tech Mechanical Systems Inc., Maria Wulczyn, and Percy Napper and the Municipality of Clarington, substantially in the form of the draft Minutes of Settlement contained in Attachment 2, and the recommendations, if adopted, authorize the Municipality's Solicitor and Staff to present the Minutes of Settlement to the Ontario Municipal Board. Attachments: Attachment 1 - Key Map and Proposed Draft Plan of Subdivision Attachment 2 - Minutes of Settlement Attachment 3 - Authorization By-law List of interested parties to be advised of Council's decision: Peter Weston, Weston Consulting Inc. Gerard Borean, Parente, Borean LLP Tom Robinson Gordon Lund First-Tech Mechanical Systems Inc. and Maria Wulczyn Percy Napper Bill Clark Ontario Municipal Board Mamie Scott Q. .. :E c: o :;:; rl o ..J ~ .. Q. e D.. 1--1 _ _ _c~ ~ I I ~ I ~ I I ij ~~ ':~ n..: [' [',' . r" {' ~=: I I I ~':l ~ , -;;;- I I ~ I I~r ~- ,~~~l1i " )i "I -If--rrr ~ I " L 1/ I .l;\!it""",,~ 1~;,J...'r ~flj~fr~,. ,~ ,,,,., ~"'""""""""", ""~':::<::'"1~""" ____. 1P I- Z w :5: c cgZ ....w 0:5: .;..<C ~~ <(' ad; NC) Z Z o N I I 1---1 I I 1- -I I 1 I I ''''''1''"'1 . ~h!l ~ ~ --::~ I __-.J .~-:':'l Illjl;~l b"'-' .It.hl,~..Ii,~' ....~'"" ----. ~ To R Attachment 1 eport PSD-101-07 c o 'w N :~ O'tl q.c .... :::I oUl o- N 0 . c (,) l'll .- ena.. ~ c ... Q) Cl. Cl. l'll Z >-Q) .c.- ... 'tll'll Q):5: C ~'tl o C l'll 0>- 'tlu c .. j~ .c u ~ 1il U ... " C Q) ._ - Cl. La. 0 Cl. 'tl E l'll C GI Z as 1;; CD C >-'': ~Ul l'll U _:5: '3~'tl :>'- C :> C l'll l'll l'll ._.c >- ..CJ~ ~~Q) """"a.. i.: Gl C ~ ~----- r 3^I~C AC3NN3>1 /-- 'II1 'II: 1111 III III III h Nr I ~ II ~~ I ~ I 1>~ I :r I g. C) roo i:J II h I ~ II I I ~~ II ! I sill! I I ~tl! l I II I r . I I ~ ,1 ! III III : ~ I 1,1 111!l I I r''fi ~ I t GI'tl ~ ~ I- C ~ _ l'll ~ I!! 0 ~ La.'- E ~ ~ >.S __,..;,~ .a fI) t ~: 'tl ~ C " GI_~ " C l'll U f' ,'= ~ u ':::; 0'- - 0lii~ 'tl.cl'll c: CJ"i: l'll Gl l'll ...1:5::5: = --- Attachment 2 To Reports PSD~191-()L OMB Case No. PL040953 ONTARIO MUNICIPAL BOARD First-Tech Mechanical and Maria Wulczyn have appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, RS.O. 1990, c.P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Municipality of Clarington for the purpose of seeking an exemption from the "Special Policy Area - F - King Street Corridor" designation pertaining to lands respecting Part Lot 31, Concession 2 (Kennedy Drive) to permit the development of a residential development. Approval Authority File No. COPA 2005-002 OMB File No. 0070083 First-Tech Mechanical and Maria Wulczyn have appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, RS.O. 1990, c.P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63, as amended, of the Municipality Clarington to rezone lands respecting Part Lot 31, Concession 2 (Kennedy Drive) to permit the development of a residential development. Municipality of Clarington File No. ZBA 2001-016 OMS File No. Z060020 First-Tech Mechanical and Maria Wulczyn have appealed to the Ontario Municipal Board under subsection 51(34) of the Planning Acl, RS.O. 1990, c.P.13, as amended, from the failure of the Municipality of Clarington to make a decision respecting a proposed plan of subdivision on lands composed of Part Lot 31, Concession 2 (Kennedy Drive) in the Municipality of Clarington. Approval Authority File No. S-C-2001-02 OMS File No. S070048 First- Tech Mechanical and Maria Wulczyn have appealed to the Ontario Municipal Board under subsection 53(19) of the Planning Acl, R.S.O. 1990, c.P.13, as amended, from a decision of the Durham Region Land Division Committee which dismissed an application numbered LD 159/2000 for consent to convey part of the lands composed of Part Lot 31, Concession 2 (Kennedy Drive). OMB File No. C040298 Percy Napper has appealed to the Ontario Municipal Board under subsection 53(14) of the Planning Acl, R.S.O. 1990, c.P.13, as amended. from a decision of the Durham Region Land Division Committee which dismissed an application numbered LD 158/2000 for consent to convey part of the land composed of Part Lot 13, Concession 2 (Kennedy Drive). OMS File No. C040299 MINUTES OF SETTLEMENT WHEREAS: A First-Tech Mechanical Ltd. ("First-Tech") and Maria Wulczyn ("Wulczyn") are the owners of certain lands ("Lands") known far municipal purposes in 2007 as 1613 Highway 2 and which are more particularly described Part Lot 31, Concession 2, former Township of Darlington, now in the MuniCipality of Clarington, Regional Municipality of Durham ("Region:"); B. Percy Napper rNappen is the owner of certain land which abuts the Lands and is known for municipal purposes in 2007 as 33 Kennedy Road in the Municipality of Clarington, Regional Municipality of Durham; C. First-Tech and Wulczyn proposed to acquire a portion of Napper's land comprising approximately 15 square metres with frontage on Kennedy Road and merge such portion of Napper's land with the Lands; D. Under Application No. LD 158/2000, Napper applied to the Durham Region Land Division Committee under subsection 53(14) of the Planning Act for its consent to the conveyance of the portion of Napper's land referred to in Recital C ("Napper Application'); E. Napper has appealed to the Board from the failure of the Durham Region land Division Committee to hake a decision on the Napper Application LD 15812000; F. Under Application No. LD 159/2000, First-Tech and Wulczyn applied to the Durham Region Land Division Committee under subsection 53(14) of the Planning Act for its consent to convey certain land and an existing house located on the easterly portion of the Lands from the portion of the lands proposed to be included in the draft plan of subdivision referred to in Recital F; PL040953 G. First-Tech and Wulczyn have appealed to the Board from the decision of the Durham Region Land Division Committee which dismissed Application No. LD 159/2000; H. First-Tech and Wulczyn applied for an amendment to the Municipality's Official Plan to exempt the Lands from the Special Policy Area F - King Street Corridor designation, an amendment to the Municipality's Zoning By-law 84-63, as amended, and the approval of a proposed draft plan of subdivision of the portion of the lands which would remain after the severance of the land and existing house referred to in Recital E and the addition to the Lands of the portion of the lands described in the Napper Application referred to in Recital 0; I. First-Tech and Wulczyn have appealed to the Ontario Municipal Board ("Board") from the Municipality's Council's failure or neglect to enact the proposed amendments to the Municipality's Official Plan and Zoning By-law 84-63, as amended, and to approve the proposed draft plan of subdivision referred to in Recital F; J. First-Tech, Wulczyn and Napper (collectively the "Appellants") and the Municipality wish to resolve their differences on the basis set out below in order to avoid contesting their differences at a hearing before the Board. NOW THEREFORE in consideration of the mutual covenants contained herein and the payment by each party to the other of the sum of $2.00, the receipt whereof is hereby acknowledged by each of them, First-Tech Mechanical Ltd., Maria Wulczyn, Percy Napper and the Municipality of Clarington covenant and agree as follows: 1. The appropriate resolution by the Board of the Appeal referred to in Recitals G, H and I would be to grant the Appellants' requests that the Board, (a) allow the appeal by Napper from the failure of the Durham Region Land Division Committee to make a decision on the Napper Application No. LD 158/2000 for a consent to the conveyance of the land referred to in the Application, subject to the condition set out in Schedule 1 hereto; (b) dismiss the appeal by Firsl-Tech and Wulczyn from the dismissal o!their Application No. LD 159/2000 to the Durham Region Land Division Committee; (c) dismiss the appeal by First-Tech and Wulczyn from the failure of the Municipality's Council to enact an amendment to the Municipality's Official Plan to exempt the Lands from the Special Policy Area F - King Street Corridor designation; (d) allow First-Tech and Wulcyzn's appeal from the Municipality's Council failure to approve the proposed draft plan of subdivision of the Lands and approve draft plan of subdivision S-C-2001-002, a copy of which is contained in Schedule 2 hereto, subject to the conditions contained in Schedule 3 hereto; and (e) enact the by-law to amend Zoning By-law 84-63, as amended, contained in Schedule 4 hereto. 2. The Appellants and the Municipality will tender these Minutes to the Board, will present them in positive terms, and will actively cooperate to promote acceptance by the Board of them. 3. The Appellants and the Municipality will not call any evidence nor advance any argument inconsistent with the letter and spirit of these Minutes. 4. The Municipality will call such evidence and advance such arguments as are required to support these Minutes. The Municipality will also oppose any evidence and argument presented by any other person to the Board which are inconsistent with the letter or spirit of these Minutes. 5. Neither the Appellants nor the Municipality will request the Board to make any order for the payment of costs by either of them to the other of them. PL040953 DATED at Bowmanville, Ontario, this 10'h day of September, 2007. THE CORPORATION OF THE MUNICIPLlTY OF CLARINGTON Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk DATED at Toronto, Ontario, this _ day of ,2007. Gerald C. Borean, Solicitor for First-Tech Mechanical Ltd., Maria Wulczyn and Percy Napper PL040953 Schedule 1 Conditions of Consent to Convev (Napper Application No. LD 158/2000) CONDITIONS OF CONSENT TO CONVEY NAPPER APPLICATION No. LD 158/2000 1. The Owner shall provide Staff with two (2) copies of the registered reference plan prior to final clearance for consent by the Municipality. 2. The Owner shall merge the 15 m2 parcel with the abutting property to the north. The applicant's solicitor should prepare and submit a draft deed for Staff review prior to final clearance for consent by the Municipality; 3. The Owner shall satisfy the Director of Engineering Services that the driveway serving the property located at 33 Kennedy Drive has been relocated appropriately to accommodate additional driveways onto Kennedy Drive for possible future development approvals granted through Draft Plan of Subdivision S-C-2001-002. 4. The Owner shall satisfy the Municipality of Clarington, financially and otherwise. 5. The Owner shall pay to the Municipality of Clarington a fee of $90.00 for a clearance letter to the Land Division Committee prior to final clearance for consent by the Municipality. 6. The Owner shall ensure that any new lots created through severance, whether retained, severed or melded comply with all applicable provisions of Zoning By-law 84-63. IIII III: IIII I II I \ I HI ~~ II' I II ! =1 N II ~~; I ~ J II! 'I : i ~ II ~ II i ~1!li ~ [I I iii, I I II : I I I Ii I II ~ II I " z z 0 F lIi 3<.3 5 (fJZ 0 z- m o~ 0 00 en ~~ 1:5 ~" ~ z ~ ~ !~ o @"'.' ~ ~~~~~ d II". , ~ N ~ 0 ~ ~ ;l~ ~ I i o , t;:; u % ~ hil~~l:i 7 ,~ ~ ll~. I ,1;- ~ ~lh , ;;, , " I n..1 ~i~J ~ , I ! . ~ ~ I ~ --I ~ ~ I ~ I - .'-1 ~ ~ I I . ~ I x ~ I - W -~= w U o :=J ~! J w [t' CL 0 I I I!ht I I I I F'...-w-,~~ I I ~ ~ ~ m jl I H::, ~ ~ I ~J s ~q I ~ ...J :'<: I -- · It'~ I ~ ! ~ ~ <L - - ~'=11 \ \' I 01 ~ \ ~/ _l,-.=== ", I \ ~,!'l ~ 0.- ~ \ /_---- I-- =:J o :r:: I-- S PL040953 Schedule 3 Conditions of Approval of Draft Plan of subdivision S-C-2001-002 CONDITIONS OF APPROVAL OF DRAFT PLAN OF SUBDIVISION S-C-2001-002 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2001-002 prepared by Weston Consulting Group Inc. identified as job number 2213-5, dated August 30, 2006, which illustrates which illustrates 3 lots for single detached dwelling units, one block for townhouse development, two road widening blocks, and two blocks for 0.3 m reserves. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 2. The Owner shall submit plans showing the proposed phasing to the Region and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration. 3. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Plarming Act. 4. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 5. The Owner shall submit a detailed tree preservation plan to the satisfaction of the Municipality of Clarington. No trees shall be removed until such time as this plan has been approved except as authorized by the Municipality. 6. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. PL040953 REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 7. The Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 8. The Owner shall convey a 1.60 metre road widening across the entire frontage of the draft plan to the Region of Durham for the purpose of widening Durham Highway NO.2. 9. The Owner shall convey a 0.3 metre reserve across the entire frontage of the draft plan along Durham Highway No. 2 to the Region of Durham, save and except a 9.0 metre wide opening at the western portion of the Durham Highway NO.2 frontage for access purposes. 10. The Owner shall convey an 83 square metre road widening on Kennedy Drive shown as Block 8 on the draft plan, to the Municipality of Clarington. 11. The Owner shall convey the 0.3 metre reserve shown as Block 6 on the draft plan, to the Municipality of Clarington. 12. All land conveyances to the Region of Durham and the Municipality of Clarington must be free and clear of all encumbrances and in a manner satisfactory to the respective solicitors. 13. The Owner shall provide cash payment in-lieu of parkland conveyance to the Municipality of Clarington for park or other public recreational purposes in accordance with the provisions of the Planning Act. 14. The Owner shall submit an Energy Management Plan to the satisfaction of the Director of Planning Services outlining various means that the Owner will implement to support energy conservation in the subdivision and house design. 15. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 16. The Owner shall submit the following information to the Municipality of Clarington for approval: i) a grading and control plan; Ii) a geotechnical soils analysis; iii) a siting and architectural design report and implementing site plans and architectural drawings; and iv) a well monitoring/well interference report. 17. The Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. PL040953 18. The Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 19. The Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 20. Prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 21. Prior to the registration of the first Phase of development for the subject lands, the Owner shall demolish all buildings located within Block 4. 22. The Owner agrees that where the well or private water supply of any person is interfered with as a result of the subdivision, the Owner shall at his expense, either connect the affected party to the municipal water supply system or provide a new well or private water supply system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 23. The Owner shall provide on disk, in a CAD format acceptable to the Municipality of Clarington, a copy of the proposed Plan of Subdivision as Draft Approved and the 40M Plan. 24. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provision: the Owner agrees that the display and marketing materials to be used for this development shall be submitted to the Director of Planning Services and the Director of Engineering Services for approval. Said plans and materials must receive approval prior to issuance of a building permit for a sales facility or model home to be constructed on any Part of the Lands. 25. The Owner shall provide the Municipality, unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 26. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge by-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. 27. Prior to final approval, the Owner is required to submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. PL040953 28. Prior to anyon-site grading or construction or final registration of the Plan of Subdivision, 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) a detailed Stormwater Management Design Brief showing the proposed drainage system including methods to meet the restricted capacity of the downstream sewer system. Additional analysis for hydraulic grade lines may be required if site discharge is proposed to exceed allowable rates; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act; and, d) The Owner shall provide the Central lake Ontario Conservation Authority with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 29. The Owner shall obtain all necessary permits from the Central lake Ontario Conservation Authority under Ontario Regulation 42/06, prior to the registration of the plan. 30. 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. 31. The Owner shall submit to the Regional Municipality of Durham and the Municipality of Clarington, for review and approval, an acoustic report prepared by an acoustic engineer based on projected traffic volumes provided by the Durham Region Planning Department and recommending noise attenuation measures for the draft plan in accordance with the Ministry of the Environment guidelines. The Owner shall agree in the Municipality of Clarington subdivision agreement to implement the recommended noise control measures contained in the acoustic report. The agreement shall contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. If development of any of lots 1 - 3 proceeds prior to the development of Block 4, the Owner agrees to implement all recommended noise attenuation measures including warning clauses in the purchase and sale agreements identified in the report and any subsequent updates. 32. The Owner shall coordinate the preparation of an overall utility distribution plan to the satisfaction of Hydro One Networks Inc., Rogers Cable, Canada Post Corporation, Bell Canada, and Enbridge Gas. PL040953 33. Prior to commencing any work within the Plan, the Developer must confirm that sufficient wire-line communication/telecommunication infrastructure is currently available within the proposed development to provide communication/ telecommunication service to the proposed development. In the event that such infrastructure is not available, the Developer is hereby advised that the Developer may be required to pay for connection to and/or extension of the existing communication/telecommunication infrastructure. If the Developer elects not to pay for such connection to and/or extension of the existing communicationltelecommunication infrastructure, the Developer shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of the communication/telecommunication services for emergency management services (i.e., 911 Emergency Services). 34. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 35. Prior to final approval, the Regional Municipality of Durham shall be satisfied that any wells on the property have been decommissioned by the Owner in accordance with applicable Ministry of Environment standards. 36. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage and other local services. 37. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 38. The Owner agrees that development of Block 4 shall be subject to application for site plan approval to the Municipality of Clarington 39. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997. PL040953 b) The Owner agrees to fulfill the requirements of the Master Drainage Study as they apply to this site to the satisfaction of the Central Lake Ontario Conservation Authority. c) The Owner agrees to carry out the works referred to in Condition 28, Condition 29, and Condition 30 to the satisfaction of the Central Lake Ontario Conservation Authority. d) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair until the site is stabilized, in a manner satisfactory to the Central Lake Ontario Conservation Authority. e) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation of anyon-site works. f) The Owner agrees to place the following in all agreements of purchase and sale between the Developer and all prospective home buyers: i) "Due to the proximity of this plan to Durham Highway No.2, purchasers should be aware that traffic noise may interfere with some activities of the dwelling occupants." ii) "Despite the noise control features implemented within the development and/or within the individual dwelling units, noise levels from the adjacent Durham Highway NO.2 may occasionally interfere with some activities of the dwelling occupants." g) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating in good repair during the construction period, in a manner satisfactory to the Region of Durham, Municipality of Clarington, and the Central Lake Ontario Conservation Authority. h) The Owner agrees to strictly adhere to the site servicing plan as submitted by EMC Group Limited, titled Preliminary Servicing Report in support of Draft Plan of Subdivision S-C-2001-002 and as finally approved by the Region of Durham, the Municipality of Clarington, and the Central Lake Ontario Conservation Authority. i) The Owner agrees to implement those noise control measures recommended in the Noise Report required in Condition 31. 40. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) Regional Municipality of Durham, how Conditions 2,6,8,9,15,27,31,34,35,37 and 39 have been satisfied; and b) Central Lake Ontario Conservation Authority, how Conditions 28, 29, and 30 have been satisfied. PL040953 NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agency requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, L1H 3T3 Tel: (905) 579-0411. b) Regional Municipality of Durham, Planning Department, 605 Rossland Road East, 4th Floor, Box 623, Whitby, Ontario, L 1 N 6A3 Tel: (905) 668-7711. Schedule 4 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007-__ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle 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 former Town of Newcastle to implement ZBA 2001-016 and S-C-2001-002; NOW THEREFORE BE IT RESOLVED THAT, the Co.uncil of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto the following new Special Exception 13.4.50 as follows: "13.4.50 URBAN RESIDENTIAL EXCEPTION (R2-50) ZONE Notwithstanding Sections 13.2 a), those lands zoned "R2-50" on the attached Schedule to this By-law shall also be subject to the following zone regulations: a) lot Area (minimum) 355 square metres" 2. Section 14.6 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby amended by adding thereto the following new Special Exception 14.6.30 as follows: "14.6.30 URBAN RESIDENTIAL EXCEPTION (R3-30) ZONE Notwithstanding Sections 14.4 b) and 14.4 c) iii, those lands zoned "R3-30" on the attached Schedule to this By-law shall also be subject to the following zone regulations: a) lot Frontage (minimum) 9.0 metres b) Yard Requirements i) Interior Side Yard (minimum) 1.2 metres on the east side and 9.0 metres on the west side c) Private garages and their access shall be located within the south building fa9ade of the dwelling unit." 3. Schedule "4" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Type One ((H)R1) Zone" and "Urban Residential Type Two (R2) Zone" to "Holding - Urban Residential Exception ((H)R2-50) Zone" and "Holding - Urban Residential Type Exception ((H)R3-30) Zone" as illustrated on the attached Schedule "A" hereto. 4. Schedule "A" attached hereto shall form part of the By-law. 5. This By.law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW passed by the Ontario Municipal Board this _ day of 2007 Ontario Municipal Board This is Schedule "A" to By-law 2007- passed this day of .2007 A.D. , REGIONAL HIGHWAY No. 2 21.0 CURS CUT ---II- - ~- ---":'< <. OTEL T I -.L r::z.z:d Zoning Change From "(H)R1" To "(H)R3-30" ~ Zoning Change From "(H)R1" To "(H)R2-50" ~ Zoning Change From "R2" To "(H)R3-30" _ Zoning Change From "R2" To "(H)R2-50" Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk ~~ i AVENUE: ~ p~lf? ~~ Courtice J ~ ~ ~ ~ ~,m Attachment 3 To Reports PSD-101-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a By-law to authorize entering into of Minutes of Settlement between First- Tech Mechanical Systems Inc., Maria Wulczyn, and Percy Napper and the Corporation of the Municipality of Clarington to resolve an appeal to the Ontario Municipal Board regarding conditions of approval of draft Plan of Subdivision S- C-2001-002, rezoning application ZBA 2001-016, and conditions of consent to convey LD 158/2000 WHEREAS, Council by its approval of the recommendations contained in Report PSD-101-07 approved Minutes of Settlement of an appeal by First-Tech Mechanical Systems Inc., Maria Wulczyn, and Percy Napper to the Ontario Municipal Board of the rezoning application ZBA 2001-016, the Draft Plan of Subdivision S-C-2001-002, and consent application LD 158/2000 and authorized the execution of Minutes of Settlement with First-Tech Mechanical Systems Inc., Maria Wulczyn, and Percy Napper to resolve the appeal; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of The Corporation of the Municipality of Clarington Minutes of Settlement with First-Tech Mechanical Systems Inc., Maria Wulczyn, and Percy Napper substantially in the form of the draft Minutes of Settlement contained in Attachment 2 to Report PSD-101-07. BY-LAW read a first time this day of 2007 BY-LAW read a second time this day of 2007 BY-LAW read a third time and finally passed this day of 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk