HomeMy WebLinkAboutPSD-117-07
Clwil1gton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE. .I
~ I I. 71<3 j_1 _r:::O/J rn
Monday, October 22, 2007 f)60 (kilO}') 0/ n - J'17''-' I
By-law #:j 007,,9.05'"
.1007,90 &
PSD-117-07
File #: S-C-2007-0003
and ZBA2007-0004
Date:
Report #:
Subject:
APPLICATION FOR PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW
AMENDMENT
APPLICANT: PRESTONVALE LAND CORPORATION AND PAUL L YSYK FAMILY
TRUST
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-117-07 be received;
2. THAT the application for proposed draft Plan of Subdivision S-C-2007-0003 submitted by
Prestonvale Land Corporation and Paul Lysyk Family Trust be APPROVED, subject to the
conditions as contained in Attachment 3;
3. THAT the Zoning By-law Amendment application submitted by Prestonvale Land Corporation
and Paul Lysyk Family Trust be APPROVED, as contained in Attachment 4;
4. THAT the By-law authorizing the entering into a Subdivision Agreement between the Owner(s)
of Draft Plan of Subdivision S-C-2007-0003 and the Municipality of Clarington be approved as
contained in Attachment 5 and forwarded to Council for APPROVAL;
5. THAT the Region of Durham Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of this report and Council's decision; and
6. THAT all interested parties listed in this report and any delegation be advised of Council's
decision.
Submitted by:
Reviewed by:
ranklin Wu,
.1f Chief Administrative Officer
SAlCP/DJC/df
16 October 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-117-07
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Prestonvale Land Corporation (principal - Hannu Halminen)
1.2 Owner: Prestonvale Land Corporation and Paul Lysyk Family Trust
1.3 Agent: D.G. Biddle and Associates Ltd.
1.4 Applications:
Plan of Subdivision:
Residential plan of subdivision for a total of 55 single detached dwelling
units on 9.8,10.0,12.0 and 15.0 metre lots.
Zonina Bv-Iaw Amendment:
To rezone the subject lands from the "Urban Residential Type One (R1)
and Holding - Urban Residential Type One (H(R1)) to appropriate zones
to permit the proposed plan of subdivision.
1.5 Site Area: 3.2 ha
1.6 Location: The subject lands are located in the Courtice Urban Area, east of
Prestonvale Road. The majority of the application is on the north side of
Oke Road (Attachment 1). The property is contained within Part Lots 32 &
33, Concession 2, and part of the road allowance between Lots 32 and 33,
in the former Township of Darlington.
2.0 BACKGROUND
2.1 On December 21, 2006, Prestonvale Land Corporation submitted applications to the
Municipality of Clarington for the approval of a plan of subdivision and a zoning by-law
amendment. The proposed plan of subdivision application as originally submitted
consisted of 38 single detached dwellings and 10 semi-detached dwellings. Following
the public meeting and consultation with staff, the applicant revised the application to be
more consistent with the housing mix approved in the Emily Stowe Neighbourhood
Design Plan. Thus the plan of subdivision now will comprise of 55 dwelling units, all
single detached.
2.2 Two land division applications were approved by the Region of Durham Land Division
Committee for the land assembly associated with this proposed draft plan of
subdivision. LD013/2007 and LD016/2007 added the lands south of Oke Road to the
proposed plan of subdivision.
2.3 An Environmental Site Assessment Phase 1 and a Soil Investigation Report
accompanied the application. These are summarized in Section 7.0 of this report.
2.4 These lands are within the Emily Stowe Neighbourhood. A neighbourhood design plan
was completed and approved for this neighbourhood in 1999. The proposed application
REPORT NO.: PSD-117-07
PAGE 3
allows for the connection of two existing sections of Oke Road between Prestonvale
Road and lands to the east of the proposed subdivision within registered Plan of
Subdivision 40M-1669. The application is generally consistent with the approved
neighbourhood design plan.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property currently contains two single detached dwellings, one with access
to Oke Road and the other with access to Prestonvale Road. A portion of this property
was previously used for agriculture and the remainder is a vacant greenfield site.
3.2
Surrounding Uses:
North:
South:
East:
West:
urban residential -single detached dwellings
vacant lands, previously used for agriculture, inside the Courtice
urban area boundary
urban residential - single detached dwellings
urban residential - single detached dwellings
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement (PPS) states that all new development should occur
adjacent to the existing built-up area, and have a compact form. There should be
efficient use of infrastructure including water and sanitary services and existing road
networks. Development should be phased to ensure the orderly progression of
development within a designated growth area.
This application is within a planned neighbourhood, the Emily Stowe Neighbourhood
(N8). Servicing is available for this development and there is an existing road network
of collector and arterial roads with capacity to accommodate traffic from the proposed
subdivision. The application conforms with the Provincial Policy Statement.
4.2 Provincial Growth Plan
The Growth Plan states that intensification is to be encouraged throughout built-up
areas. Intensification can be achieved through infill development, such as this, where
infrastructure can accommodate the development. The Neighbourhood Design Plan
identified the potential for 61 new dwelling units on these lands. The current application
is for 55 new dwelling units and 5 part lots. The closure and conveyance of the Oke
Road temporary turning circle lands from the Municipality of Clarington to the applicant
will allow for the completion of these five (5) lots. The application conforms with the
Growth Plan.
REPORT NO.: PSD-117-07
PAGE 4
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Reaional Official Plan
The Durham Regional Official Plan designates the land "Living Area". Lands
designated "Living Areas" shall be predominantly used for housing purposes.
Development in urban areas shall have regard for: compact urban form; the use of good
urban design principles; use a grid street pattern; provide for parks; access to transit;
the capacity of existing services; and, the balance between energy efficiency and cost.
The application conforms to the Durham Regional Official Plan.
5.2 Clarinaton Official Plan
The Clarington Official Plan designates the land "Urban Residential" and is slated for
low density development. The low density policies allow development between 10-30
units per net ha, and is predominantly for single detached and semi-detached/link
dwellings. Low density areas are generally internal to neighbourhoods and are not
abutting arterial roads.
The Clarington Official Plan designates Prestonvale Road as a collector road, and Oke
Road and the future Street "A" will be local roads. Prestonvale Road will provide access
to this development, linking homeowners to Highway 2 to the north and either
Meadowglade, a Type 'C' arterial road or Bloor Street a Type 'A' arterial road to the
south.
This application conforms to the Clarington Official Plan.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 as amended, zones the subject land "Holding - Urban Residential
Type One (H(R1))" and "Urban Residential Type One (R1)". The applicant has applied
to rezone the property to permit the proposed subdivision development.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 Environmental Site Assessment Phase 1
The Environmental Site Assessment, Phase 1 by Soil Engineers Ltd. was done in
August 2005. The study indicates that the majority of the site has previously been used
only for agricultural purposes, and at the northern end of the site a small area was used
for a receiving tower facility owned by Rogers Cable TV. The study reviewed historical
records, observations of adjacent properties, geotechnical investigation findings and a
building audit. The geotechnical investigation consisted of 4 boreholes to a depth of
6.3 metres each. No obvious signs of soil contamination were found from the test soil.
The report concludes that there are no issues of environmental concern with regard to
the subject property or surrounding lands.
REPORT NO.: PSD-117-07
PAGE 5
7.2 Soillnvestiaation Report
The Soil Investigation for Proposed Residential Development was done by Soil
Engineers Ltd. in September 2005. This study investigated the subsurface conditions
and determined the engineering properties of the soils for the proposed construction of
dwellings and roads. The study concluded there are no severe limiting conditions on
site and provided the Ontario Building Code and Clarington Design Criteria and Standard
Drawings are adhered to, construction may proceed.
8.0 AGENCY COMMENTS
8.1 In accordance with departmental procedures, the application was circulated to obtain
comments from other departments and agencies.
8.2 Clarington Emergency Services and Rogers Cable have no objections to this proposal.
8.3 Durham Region Planning Department finds the application to be in conformity with the
Regional Official Plan. They have advised that there are no servicing issues associated
with the proposed development. Conditions of draft approval were provided and will
need to be complied with prior to clearance by the Region for registration of this plan.
8.4 The Kawartha Pine Ridge District School Board requests that adequate provision be
made for sidewalks in this development. The Board has no other comments or
concerns at this time.
8.5 Enbridge, Bell, and Hydro One Networks Inc. offered no objections to the proposal.
Each agency provided standard conditions to be included in the Conditions of Draft
approval.
8.6 Central Lake Ontario Conservation has no objection to the application and has provided
conditions of draft approval for the proposed plan of subdivision.
8.7 Clarington Engineering Services has reviewed the application and generally finds the
proposed development acceptable. The On-Street Parking Plan submitted in support of
the application was found to be satisfactory. Their conditions and requirements are
contained in the Conditions of Draft Approval.
9.0 STAFF COMMENTS
9.1 This is an infill development, surrounded on three sides by existing low density
residential development. The owner has amalgamated four parcels to create one
planned development. The site will connect to the existing road network in three
locations: two connections to Prestonvale Road, which is a collector Road, and one to
the existing Oke Road.
9.2 As an infill development inside the Courtice Urban Area boundary, there are existing
regional services in the area for both municipal water and municipal sanitary service.
REPORT NO.: PSD.117.07
PAGE 6
Durham Transit currently operates a bus route along Prestonvale Road between
Southfield Drive and Claret Road, providing alternate transportation opportunities.
Currently there is a neighbourhood park (Stuart Park) and a parkette (Glenabbey
Parkette) for use of the future residents of this proposed plan of subdivision. Similarly,
there are existing public and separate elementary schools in the area as well as existing
secondary schools to service this development.
9.3 Since this application was received by Staff in December 2006, a new plan of
subdivision application has been received for the lands immediately abutting to the
south as well as an amendment to draft approval for a plan of subdivision located to the
south east. The design of these subdivisions has been coordinated with the subject
application to ensure there are pedestrian linkages for connection and the three
subdivisions are engineered to convey stormwater flows to shared stormwater
management facilities.
9.4 There are two existing dwellings on the subject lands and both will be incorporated into
the development. Lot 2 will contain an existing ranch style bungalow and the lot
dimensions have been designed to meet the typical Urban Residential Type One zone
regulations for lot frontage and lot area requirements. Lot 25 will also contain a single
detached dwelling and the lot is designed to accommodate the dwelling on a typical
Urban Residential Type Two zoned lot.
9.5 The two existing detached dwellings will front on the north side of Oke Road and on the
south side of the proposed Street "A" respectively. These dwellings currently have
driveway access to open maintained municipal road. The re-construction of the
westerly section of Oke Road to an urban standard and the construction of the new
Street "A" will disrupt the existing driveways; however, a condition of draft approval
ensures that the developer will maintain access to Lots 2 and 25 during all phases of
construction.
9.6 For all the new lots not containing an existing dwelling Staff is recommending site
specific zoning to implement development standards with respect to lot coverage and
garage projections. Concerns have been raised previously that with narrow lot
development, builders develop at or close to the maximum lot coverage, thus requiring
homeowners to obtain a minor variance for the construction of a deck or shed. The
zoning recommended suggests a 40% lot coverage for the dwelling and a 45% total lot
coverage for all buildings and structures, thus leaving 5% lot coverage for homeowners
to use for decks or sheds.
9.7 The development of this plan of subdivision will require the re-numbering of two existing
dwellings; 20 Oke Road and 2405 Prestonvale Road. Typically it is the Municipality's
position that the Owner (developer) is responsible for the re-numbering and all costs
incurred. As the dwellings are occupied by tenants, the Municipality shall require the
Owner to reimburse the tenants $150.00 to compensate for the costs incurred by re-
numbering.
9.8 Clarington Finance advises that for the subject lands all taxes have been paid.
REPORT NO.: PSD-117-07
PAGE 7
10.0 CONCLUSION
10.1 In consideration of comments received from circulated agencies and review of the
proposal, staff recommends APPROVAL of the Draft Plan of Subdivision subject to all
the Conditions of Draft Approval contained in Attachment 3 and approval of the
proposed rezoning as contained in Attachment 4.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Draft Plan
Attachment 3 - Conditions of Draft Approval
Attachment 4 - Zoning By-law Amendment
Attachment 5 - By-law Authorizing Subdivision Agreement
Interested parties to be notified of Council and Committee's decision:
Prestonvale Land Corporation
Paul Lysyk Family Trust
D.G. Biddle & Associates
Hugh Neill
Dawn Wardell
Chris Janusitis
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Attachment 3
To Report PSD-1~X:-97__
CONDITIONS OF DRAFT APPROVAL
DRAFT PLAN OF SUBDIVISION
FILE NO.: S-C-2007-0003
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision S-C-2007-0003 prepared by D.G. Biddle & Associates Limited identified as
project number 87090, dated April 2006, as red line revised, which illustrates 55 lots for
single detached dwellings, 5 blocks for future development, 2 blocks for daylight
triangles, 1 service block for storm water management and 1 block for dedication to an
abutting property owner.
2. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
3. The Owner shall name road allowances included in this draft plan to the satisfaction of
the Regional Municipality of Durham and the Municipality of Clarington.
4. All land dedications, easements, sight triangles and reserves as required by the
Municipality for this development must be granted to the Municipality free and clear of
all encumbrances and in a form satisfactory to the Municipality's solicitor.
5. 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.
6. The Owner shall obtain municipal approval of the zoning for the land uses shown on the
approved draft plan in accordance with the provisions of the Planning Act.
7. 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.
8. The Owner shall submit a detailed tree preservation plan to the satisfaction of the
Municipality of Clarington. No trees shall be removed and no site grading commenced
until such time as this program has been approved except as authorized by the
Municipality.
9. 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 the Environment (MOE). This RSC must be to the satisfaction of the
Region, including an Acknowledgement of Receipt of the RSC by the MOE.
10. 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.
11. The Owner must obtain approval from the Council of the Municipality of Clarington for
the legal closure and conveyance of any portion of the existing road allowance on Oke
Road or any portions of other un-open road allowances that are identified on the draft
plan as future private residential lands. The necessary approval from Municipal Council
must be obtained prior to final approval of the subject draft plan.
12. The Owner will be responsible for 100% of the cost, financial and otherwise, of the
reconstruction on Oke Road to an urban standard. This will include all costs deemed
necessary by the Director of Engineering Services to facilitate a connection between
Prestonvale Road and the existing urbanized section of Oke Road.
13. Any land transfers or land exchanges that will be necessary to facilitate the urbanization
of Oke Road as well as the development of the subdivision must be identified and
agreed to in principle by both the Municipality and the Owner prior to the final approval
of this plan.
14. The intended purpose of all easements illustrated on the draft plan must be identified.
The suitability of any proposed easements the location of easements will be subject to
the approval of the Director of Engineering Services prior to the final approval of this
draft plan.
15. The applicant will be responsible for 100% of the cost of removing the two (2) existing
turning circles located on the separate sections of Oke Road.
16. The Owner shall convey Blocks 61 and 62 for sight triangles at the corners of Oke Road
and Prestonvale Road to the Municipality of Clarington.
17. The owner shall convey Block 63, with a minimum width of 6.0 metres to the
Municipality of Clarington for a public walkway and storm water management purposes.
The suitability of this Block and the hydrologic and hydraulic details are subject to the
approval of the Director of Engineering Services prior to final approval of this draft plan.
18. The Owner shall convey land to the Municipality of Clarington for park or other public
recreational purposes in accordance with the provisions of the Planning Act.
Alternatively, the municipality may accept cash-in-Iieu of such conveyance.
19. The Owner shall grant such easements as may be required for utilities, drainage and
servicing purposes to the appropriate authorities.
20. The Owner shall retain a professional engineer to prepare and submit a Master 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. The Master Grading Plan will be subject to review and comment at the engineering
review stage of the development process.
21. The Owner shall provide and install sidewalks, street lights, temporary turning circles
etc. as per the Municipality's standards and criteria.
22. The Owner shall provide access on a continuous, uninterrupted basis to the existing
single detached dwellings located on Lots 2 and 25 of the draft plan during all phases of
construction to the satisfaction of the Director of Engineering Services.
23. The Owner agrees that prior to registration of the Plan of Subdivision all existing
accessory buildings and structures shall be removed, save and except those within the
limits of Lot 2 and Lot 25 that comply with the Zoning By-law.
24. The Owner shall be responsible for 100% of the costs for the re-numbering of the
existing dwellings known as 20 Oke Road and 2405 Prestonvale Road to 28 Oke Road
and 96 Street "A", respectively. Furthermore, the Owner shall provide written
confirmation that the Owner has reimbursed the tenants at 20 Oke Road and 2405
Prestonvale Road $150.00 as compensation for costs incurred resulting from the
change in address.
25. The Owner shall be 100% responsible for the cost of the "Control Architect" to review
and approve all proposed models and building permits, to the satisfaction of the Director
of Planning Services.
26. The Owner agrees that no residential units shall be offered for sale to the public on said
plan until such time exterior architectural design of each building has been approved by
the Director of Planning Services.
27. The Owner agrees that no building permit shall be issued for the construction of any
building on any residential lot or block on said plan, until the exterior architectural design
of each building and the location of the building on the lot has been approved by the
Municipality of Clarington.
28. Dwellings located on Lots 50 and 51, abutting Block 63, shall have upgraded and
enhanced side elevations to the satisfaction of the Director of Planning Services, facing
Block 63, and Lots 50 and 51 shall have decorative fencing along the lot line adjacent to
Block 63 to the satisfaction of the Director's of Planning Services and Engineering
Services and illustrated on the Landscape Plan.
29. The Owner shall submit an Energy Management Plan to the satisfaction of the Director
of Planning outlining various means that the Owner will implement to support energy
conservation in the subdivision and house design.
30. The Owner agrees that until such time as the necessary lands are acquired to complete
Lot 1 and Blocks 56-60 inclusive, these lands shall be graded and seeded.
31. The Owner shall cause all utilities, including, hydro, telephone, cable television, etc. to
be buried underground for both primary and secondary services.
32. 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.
33. The Owner agrees that where the well or private water supply of any person is
interfered with as a result of the subdivision, the Owner shall at his expense, either
connect the affected party to municipal water supply system or provide a new well or
private water system so that water supplied to the affected party shall be of quality and
quantity at least equal to the quality and quantity of water enjoyed by the affected party
prior to the interference.
34. 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.
35. 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.
36. The Owner shall supply on disk, in a CAD format acceptable to the Municipality a copy
of the proposed Plan of Subdivision as Draft Approved and the 40M-Plan.
37. Prior to anyon-site grading or construction or final approval of the plan, the Owner shall
submit and obtain approval from the Central Lake Conservation Authority for reports
describing the following:
a) the intended means of conveying stormwater flow from the site, including use of
stormwater techniques which are appropriate and in accordance with the
provincial guidelines. The stormwater management facilities must be designed
and implemented in accordance with the recommendations of the Robinson
Creek Master Drainage Plan;
b) the anticipated impact of the development on water quality, as it relates to fish
and wildlife habitat once adequate protective measures have been taken; and
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 Federal Fisheries Act.
38. The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include application processing fees and technical
review fees as per the approved Authority Fee Schedule.
39. Prior to final approval, a copy of the lot grading and drainage plan, showing existing and
final grades, must be submitted to Hydro One for review and approval.
40. Any development in conjunction with the subdivision must not block vehicular access to
any Hydro One facilities located on the right of way. During construction, there will be
no storage of materials or mounding of earth or other debris on the right-of-way.
41. Prior to final approval, the Owner must grant Hydro One a supplemental easement to
ensure that existing Hydro One facilities and easement rights are adequately protected.
This easement must be registered on title by the Owner.
42. The Owner shall make arrangements satisfactory to Hydro One for the crossing of the
hydro right-of-way by the proposed road. A separate proposal shall be submitted to
Hydro One for this future road crossing.
43. The costs of any relocations or revisions to Hydro One facilities which are necessary to
accommodate this subdivision will be borne by the Owner.
44. The easement right of Hydro One and its legal predecessors are to be protected and
maintained.
45. That the Owner acknowledges and agrees that an electrical distribution line operating at
below 50,000 volts might be located within the area affected by this development or
abutting this development. Section 186 - Proximity - of the Regulations for
Construction Projects in the Occupational Health and Safety Act, require that no object
be brought closer than 3 metres (10 feet) to the energized conductor. It is the
proponent's responsibility to be aware, and to make all personnel on site aware, that all
equipment and personnel must come no closer than the distance specified in the Act.
They should also be aware that the conductors can raise and lower without warning,
depending on the electrical demand placed on the line. Warning signs should be posted
on the wood poles supporting the conductors stating "DANGER - Overhead Electrical
Wires" in all locations where personnel and construction vehicles might come in close
proximity to the conductors.
46. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to
include a warning clause that identifies any lots affected by the electrical distribution line
noted in Condition 45.
47. The Owner is hereby advised that prior to commencing any work within the Plan, the
Owner 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 Owner is hereby advised that the Owner
may be required to pay for connection to and/or extension of the existing
communication/telecommunication infrastructure. If the Owner elects not to pay for
such connection to and/or extension of the existing communication/telecommunication
infrastructure, the Owner 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).
48. 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.
49. 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.
50. 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.
51. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain, among other matters, the following provisions:
a) The Owner agrees to include provisions whereby all offers of purchase and sale
shall include information that satisfies Subsection 59(4) of the Development
Charges Act, 1997.
b) The Owner agrees that no filling, grading or alteration to the water course shall
occur on the property without the prior written approval of the Conservation
Authority .
c) The Owner agrees to carry out the works referred to in Conditions 37 and 38 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 during the
construction period, in a manner acceptable 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 register on the title of all lots a notice to indicate that both
the present Owner(s) and future Owner(s) are fully aware of the existence of
farming operations nearby and will not object, complain or seek legal action
against such nuisances as noise and odour resulting from normal farming
practices.
52. 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) Durham Region Planning Department, how Conditions 9, 10,48 and 50 have
been satisfied;
b) Central Lake Ontario Conservation Authority, how Conditions 37,38, 51b), c), d)
and e) have been satisfied;
c) Hydro One Networks Inc. how Conditions have 39 to 46 inclusive have been
satisfied;
d) Bell Canada how Condition 47 has been satisfied.
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three years of the draft approval date, and
no extensions have been granted, draft approval shall lapse and the file shall be
CLOSED. Extensions may be granted provided valid reason is given and is submitted
to the Director of Planning Services for the Municipality of Clarington well in advance of
the lapsing date.
2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft approval
will be reviewed periodically and may be amended at any time prior to final approval.
The Planning Act provides that draft approval, may be withdrawn at any time prior to
final approval.
3. All plans of subdivision must be registered in the Land Titles system within the Regional
Municipality of Durham.
4. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies in order
to facilitate their clearance of conditions for final approval of this plan. The addresses
and telephone numbers of these agencies are:
a) Durham Region Planning Department, 605 Rossland Road East, PO Box
623, Whitby, ON L 1 N 6A3 (905) 668-7721
b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario, L1H 3T3 (905) 579-0411.
c) Hydro One Networks Inc., Facilities and Real Estate, P.O. Box 4300,
Markham, Ontario L3R 5Z5 (905)-946-6235.
d) Bell, Development & Municipal Services Control Centre, Floor 5, 100
Borough Drive, Scarborough, ON M1 P 4W2
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 S-C.2007-0003 and ZBA2006-0004;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "4" to By-law 84-63 as amended, is hereby further amended by changing the
zone designation from:
"Urban Residential Type One (R1)" to "Urban Residential Exception
(R1-43) Zone";
"Urban Residential Type One (R1)" to "Holding - Urban Residential
Exception ((H)R1-43) Zone";
"Holding - Urban Residential Type One (H(R1))" to "Urban
Residential Type Two (R2) Zone";
"Holding - Urban Residential Type One (H(R1))" to "Holding - Urban
Residential Exception ((H)R2-26) Zone";
"Urban Residential Type One (R1)" to "Holding - Urban Residential
Exception ((H)R2-44) Zone";
"Holding - Urban Residential Type One (H(R1))" to "Holding - Urban
Residential Exception ((H)R2-44) Zone"; and
"Holding - Urban Residential Type One (H(R1))" to "Holding - Urban
Residential Exception ((H)R2-45) Zone";
as illustrated on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of the By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY-LAW 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
Attachment 4
To Rep()rt~~[)~11I-QL
This is Schedule "A" to By-law 2007-
passed this day of .2007 A.D.
,
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Jim Abernethy, Mayor
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11m Zoning Change From .R1" To "(H)R1-43"
_ Zoning Change From "(H)R1" To .R2"
~ Zoning Change From "(H)R1" To "(H)R2-26"
~ Zoning Change From "R1" To "(H)R2-44"
~ Zoning Change From "(H)R1" To "(H)R2-44"
~ Zoning Change From "(H)R1" To "(H)R2-4S"
~ Zoning Change From "R1" To "R1-43"
Patti L. Barrie. Municipal Clerk
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GLfflA8BEY~
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COURTICE
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Attachment 5
To Report PSD-117-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-_
being a By-law to authorize entering into an agreement with the Owners of draft plan
S-C-2007-0003, any Mortgagee who has an interest in the said Lands, and
the Corporation of the Municipality of Clarington in respect of S-C-2007-0003
Whereas the Owner(s) of draft Plan of Subdivision S-C-2007-0003 is now ready to proceed to
finalize the subdivision agreement;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipaiity of Clarington enacts as foHows:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation's seal, an
agreement between the Owners of Draft Plan of Subdivision S-C-2007 -0003.
2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality
of Clarington, the said conveyances of lands required pursuant to the aforesaid
Agreement.
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 finaHy passed this
day of
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk