HomeMy WebLinkAboutPSD-006-08
Cl~gron
REPORT
PLANNING SERVICES
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
~~\\Jc\-)or?l-<3 (Jf/--QI 0- 06
Monday, January 7,2008
Report #: PSD-006-08
File #: S-C-2005-0005
ZBA 2005-0051
PROPOSED DRAFT PLAN OF SUBDIVISION AND REZONING TO PERMIT THE
DEVELOPMENT OF 19 SINGLE DETACHED DWELLINGS IN BOWMANVILLE
PROPONENT: MUNICIPALITY OF CLARINGTON
By-Iaw#: dOO<6-0as
Subject:
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-006-08 be received;
2. THAT the application for Draft Approval of the proposed Plan of Subdivision submitted by the
Municipality of Clarington be APPROVED as contained in Attachment 2, subject to the
conditions of Draft Approval, contained in Attachment 4;
3. THAT the application for Zoning By-law Amendment, submitted by the Municipality of Clarington
be APPROVED as contained in Attachment 5;
4. THAT the By-law, as per Attachment 6, authorizing the entering into of a Subdivision Agreement
between the Owner of Draft Plan of Subdivision S-C-2005-0005 and the Municipality of
Clarington be Approved and forwarded to Council for APPROVAL;
5. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham
Planning Department and a Municipal Property Assessment Corporation (MPAC); and
6. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Reviewed by: 0 ~ ---,4._~
Franklin Wu
Chief Administrative Officer
CP*DJC*sn*sh*df
17 December 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-006-08
PAGE 2
1.0
1.1
APPLICATION DETAILS
Owner:
Municipality of Clarington
1.2 Agent:
D.G. Biddle & Associates Limited
1.3 Proposal for Plan of Subdivision:
To permit a total of 19 single detached dwelling lots comprised of seven,
10.0 metre minimum lot frontages, and twelve, 11.5 metre lot frontages.
1.4 Rezoning: To rezone the subject lands from "Holding-Urban Residential Type One
((H)R1)" to an appropriate zone to permit the development of the
proposed draft plan of subdivision.
1.5 Area: 1.34 ha.
1.6 Location: The subject lands are located on the northwest corner of Baseline Road
and Spry Avenue. The lands are municipally known as 200 Baseline
Road, being located in Part Lot 13, Concession 1, of the former Town of
Bowmanville.
2.0 BACKGROUND
2.1 In 1989, the Municipality purchased the subject site at the northwest corner of Baseline
Road and Spry Avenue (200 Baseline Road) for use as a future fire station site
(Attachment 1). Subsequently, the Municipality and the Fire Marshall's Office
determined the main fire hall in Bowmanville should be relocated from it's location at
that time on Church Street to a location in the vicinity of Durham Highway 2 and
Regional Road 57. In 1994, the new fire hall headquarters was constructed in its current
location. The lands at Baseline Road and Spry Avenue were no longer required for a
fire station.
2.2 In 1997 the Municipality declared the lands surplus and the lands were tendered for sale
in 1998. At that time, the bids received were far below the appraised value of the land.
In November 2004, Council considered and approved a report from the Chief
Administrative Officer authorizing retention of an engineering and planning consultant to
make application for a proposed plan of subdivision on the subject lands. By obtaining
draft approval for the lands, it is generally acknowledged that the value of the lands will
increase.
2.3 On September 20, 2005, D.G. Biddle & Associates submitted applications for a
proposed plan of subdivision and rezoning. Documentation in support of the plan of
subdivision proposal included a Geotechnical Report, Soil Investigation Report for the
Proposed Stormwater Management Pond, Stormwater Drainage and Site Servicing
Report, and Noise Impact Study.
2.4 A public meeting was held on November 21, 2005. The Planning Services Department
received two inquiries as a result of the public notification process, seeking clarification
on the proposal and the notice process. At that time the lots on Street "A" had a
REPORT NO.: PSD-006-08
PAGE 3
proposed frontage of 12.0 metres. Revisions to the plan have reduced the frontage of
these lots to a minimum of 11.5 metres.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is vacant and currently has frontage along the north side of
Baseline Road and the west side of Spry Avenue. The property is considered an infill
site and is relatively flat.
3.2 The surrounding uses are as follows:
North
South
Existing residential dwellings and an electrical sub-station;
Baseline Road and vacant land presently being developed commercially
(Rona and Torgan);
- The Bowmanville Creek and associated valley; and
Existing residential dwellings.
East
West
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement states that Settlement Areas shall be the focus of
growth and that land use patterns be based on the efficient use of infrastructure and
services that are available. The existing infrastructure surrounding the subject lands has
sufficient capacity to accommodate this infill development.
4.2 Provincial Growth Plan
The Provincial Growth Plan encourages growth in built-up areas to intensify
development. The Growth Plan promotes better utilization of existing infrastructure. The
proposed plan of subdivision does not conflict with the Provincial Growth Plan.
5.0 OFFICIAL PLANS
5.1 Durham Reaional Official Plan
The Durham Regional Official Plan designates the subject lands "Living Area". This
designation permits the development of residential units, incorporating the widest
possible variety of housing types, sizes and tenure. The application conforms.
5.2 Clarinaton Official Plan
The lands are designated "Urban Residential" within the Clarington Official Plan. The
"Urban Residential" designation allows residential development containing a variety of
REPORT NO.: PSD-006-08
PAGE 4
housing forms, size and tenure. Although some of the lands have been identified by
CLOCA as being within the floodplain, they are not in the Environmental Protection Area
designation. Based on Map 'C' - Natural Heritage System or Map 'F' - Natural Hazards
and Land Characteristics, the lands do not appear to contain significant valley or hazard
land.
The lands abut the north side of Baseline Road. Baseline Road is designated a Type
'A' arterial road. Type 'A' arterial roads are designed to efficiently move large volumes of
traffic and provide the highest level of service. Private access to Type 'A' arterial roads
is limited to one every 200 metres. The application proposes no access to Baseline and
a Noise Impact Study has been submitted indicating how to mitigate noise from
Baseline Road to the rear yards of the proposed lots.
The application appears to conform.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands "(Holding) Urban Residential Type One
(H)R1". This zone allows single detached dwelling lots based on a 15 metre minimum
lot frontage and semi-detached or linked dwellings; two units, with a minimum of 18
metre lot frontages. The application proposes single detached dwelling lots with 1 0
metre minimum frontages for the extension of John Scott Avenue, while the cul-de-sac
will contain minimum 11.5 metre single detached lot frontages. Neither of these lot
frontages are permitted within existing zone regulations, hence the rezoning application.
7.0 AGENCY COMMENTS
7.1 Clarington Building Division, Clarington Emergency and Fire Services and Rogers
Cable offered no comments or objections to the proposed applications.
7.2 Clarington Engineering Services has no objection to approval of the proposed draft plan
of subdivision and rezoning, however they have provided a number of conditions of draft
approval. The proposed draft plan must be developed as a single phase, and
development of these lands will require upgrades to John Scott Avenue and sidewalks
along John Scott Avenue and the proposed cu-de-sac. Prior to final approval the
applicant must submit a drawing indicating the proposed entrance and driveway location
for all corner lots. The Parks Development Branch of the Engineering Services
Department is required to approve the final design for the proposed feature pond on the
east side of Spry Avenue to be constructed as part of the cut and fill program required
for the development of these lands.
7.3 Durham Region Planning Department indicated that the proposal conforms to the
policies of the Regional Official Plan. Municipal water supply and sanitary sewers can
be provided by extending existing services from John Scott Avenue. They have
reviewed the Noise Impact Study submitted in support of the application and concluded
that the recommendations of the study appear to be consistent with the Ministry of
REPORT NO.: PSD-006-08
PAGE 5
Environment recommended procedures. As a condition of draft approval, noise
provisions in the Clarington subdivision agreement are required for review by the
Region.
7.4 Central Lake Ontario Conservation Authority advised that the preliminary servicing
reports and engineering information for the proposed stormwater management,
including the cut and fill proposal, is generally acceptable. Further information required
will be addressed through appropriate conditions of draft approval. The Authority
requested that a Holding (H) symbol be placed on the zoning until such time as it has
been demonstrated that the lands have been raised above the flood elevation.
7.5 Veridian Connections has provided comments for standard conditions of draft approval
but otherwise has no concerns.
8.0 STAFF COMMENTS
8.1 The proposed development will allow for the extension of John Scott Avenue to connect
to Spry Avenue. This will provide existing residences a second access to the area. Spry
Avenue and Baseline Road will become a signalized intersection with the development
of the commercial lands (Torgan/Rona) to the south. This will eventually provide existing
and future residents access to a controlled intersection to make left hand turns onto
Baseline Road. It will also provide an opportunity for existing residences immediately to
the west of the subject lands to travel north towards the downtown without having to
access Baseline Road. Baseline Road is a Type A arterial road and will continue to
experience increased traffic volumes.
8.2 The existing residences in the area are zoned Urban Residential Type One (R1) and
are characterized by traditional semi-detached lots; two units having a combined 18
metre frontage. The single detached lots proposed on the John Scott extension will
have a minimum lot frontage of 10 metres. Although slightly larger than the existing lots
on John Scott Avenue, the units will be very similar in size and are considered
compatible. The single detached lots on the proposed cul-de-sac will have 11.5 metre
minimum frontages. These lots will be slightly larger than existing lots in the area
providing additional variety to the area while still compatible with the existing and
surrounding housing form.
8.3 The southeast corner of the subject property is subject to a flooding constraint during a
Regional Storm. Prior to the closing on the site in 1989, the Municipality undertook an
investigation for the proposed fire hall and obtained a flood and fill permit from the
Central Lake Ontario Conservation Authority subject to a number of conditions. The
preliminary plan for the fire hall would have left some of the site in the floodplain (e.g.
driveway, lawn etc.). In order to elevate the proposed lots and future dwellings above
the floodplain, a detailed engineering 'cut and fill' proposal has been prepared and
approved by the Conservation Authority. The proposal provides for the creation of a
pond on the east side of Spry Ave to provide for the 'cut' required to balance the 'fill'
needed on the west side of Spry Avenue to raise the land and proposed lots above the
floodplain.
REPORT NO.: PSD-006-08
PAGE 6
8.4 Based on the cut and fill program, the Bowmanville Creek flood levels are not
anticipated to increase with the introduction of fill within the floodplain. However, the
proposed lots and basements of future dwellings must be flood proofed above the
Regulatory Flood elevation of the Bowmanville Creek. The dwellings built on these lots
will therefore not be permitted to have basements. The consultant has worked with
CLOCA and municipal staff to design a retaining wall to stabilize the fill that is required
to flood proof the development. The retaining wall will have a height of 0.6 metres along
the extension to John Scott Avenue and Baseline Road together with landscape strip
having a 3: 1 grade and total height of up to 2.1 metres. The necessary fill to raise the
development above the flood line of Bowmanville Creek can be compensated with an
equivalent volume of cut from the proposed Valleys 2000 feature pond. Further
consultation is necessary to finalize the design of the pond. The pond which was
identified as a key feature of the Valley's 2000 proposal will be built in part through the
'cut and fill' work described above.
8.5 A Noise Study was submitted in support of the rezoning application to address the noise
impact from Baseline Road. The study found that noise levels for the outdoor amenity
space, rear yards, and second story windows of a number of the proposed dwellings
exceed the levels permitted by the Ministry of Environment. Therefore, mitigation
measures in the form of acoustical fencing, air conditioning and building construction
materials will be required, and detailed as a condition of approval to ensure outdoor and
indoor noise levels are within the MOE Guidelines.
8.6 From an urban design perspective vegetative plantings will be required to soften the
appearance of the retaining wall and acoustical fence on Baseline Road. Through the
landscape plan to be submitted prior to final approval, staff will review the possibility of
vine plant material to screen the combined walls and other vegetation to cover the
landscape strip described above.
8.7 A Preliminary Stormwater Drainage and Site Servicing Report concluded that storm
sewers and watermains are available to adequately service the development.
Stormwater quality controls can be provided through the use of an oil/grit separator
manhole. It is recommended that the proposed Valleys 2000 feature pond be reviewed
during the detailed engineering design to utilize the facility for stormwater quality control
as well.
9.0 CONCLUSION
The proposal has been reviewed in consideration of the comments received from area
residents and circulated agencies and in recognition of Provincial Policy, Official Plans
and Zoning By-law 84-63. Based on the comments above, it is respectfully
recommended that Subdivision S-C-2005-0005 be draft APPROVED subject to the
conditions contained in Attachment 4 and the Zoning By-law amendment as contained
in Attachment 5 be APPROVED.
REPORT NO.: PSD-006-08
PAGE 7
Attachments:
Attachment 1 -
Attachment 2 -
Attachment 3 -
Attachment 4 -
Attachment 5 -
Attachment 6 -
Key Map
Subdivision Plan
Retaining Wall Cross Sections
Conditions of Draft Approval
Zoning By-law Amendment
Authorizing By-law
List of interested parties to be advised of Council's decision:
Franklin Wu
Glen Genge
Cathy Reid
Cindy Smith
Ray Abraham
Attachment 1
To Report PSD-006-08
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DRIVE ZBA 2005-0051
Subject ZONING BY-LAW AMENDMENT
Lands
S-C-2005-0005
DRAFT PLAN OF SUBDIVISION
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Attachment 2
To Report PSD-006-08
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To Report PSD-006-07
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Attachment 4
To_Report PSD-006-07
CONDITIONS OF DRAFT APPROVAL
S-C-2005-0005
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of the approved draft plan of
subdivision S-C-2005-0005 prepared by D.G. Biddle & Associates Limited identified as
job number 104105, dated August 2005, as revised and dated January 30,2006, which
illustrates 19 lots for single detached dwelling units, one road widening block, one road
allowance block, Street A and John Scott Avenue.
FINAL PLAN REQUIREMENTS
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.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. The subject draft plan must be developed as a single phase. No phasing or staging will
be permitted.
5. 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 Planning Act.
6. That 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. Such landscape plan shall include Block 2, the
interior island of the cul-de-sac, and street trees for Baseline Road and Spry Avenue.
The Landscaping Plan shall reflect the design criteria of the Municipality as amended
from time to time.
7. The Owner shall submit a detailed tree preservation plan to the satisfaction of the
Municipality of Clarington. No trees shall be removed, and no grading shall be
undertaken, until such time as this program has been approved except as authorized by
the Municipality.
8. 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.
9. The Owner shall identify Block 21 as road allowance instead of a Landscape Strip.
10. The landscaped area of Block 21 must be vegetated with low maintenance ground
cover, shrubs and trees.
11. Prior to final approval the Owner must demonstrate that the cul-de-sac boulevard has
adequate space for entrances, street furniture, street trees, and snow storage. The size,
location and configuration of any entrance driveways will be subject to the approval of
the Director of Engineering Services.
12. Prior to final approval the Owner must submit a plan, to the satisfaction of the Director
of Engineering Services indicating the proposed entrance and driveway location for all
corner lots. The proposed entrances must conform to all current zoning requirements.
Any future dwellings constructed on corner lots within the subject draft plan must have
entrances, driveways and garages that are compatible with the required plan. Kinked
driveways will not be permitted.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
13. That 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.
14. The Owner shall convey an 8.0 metre road widening across the entire frontage of the
draft plan to the Municipality of Clarington for the purpose of widening Baseline Road.
15. The Owner shall convey a 14.0 metre x 7.0 metre sight triangle at the intersection of
Baseline Road and Spry Avenue to the Municipality of Clarington.
16. The Owner shall convey a 5.0 metre x 5.0 metre sight triangle at the intersection of John
Scott Avenue and Spry Avenue. A second sight triangle shall be obtained from Veridian
on the north side of the John Scott Avenue.
17. Prior to the issuance of building permits for this development, the Owner must at his
expense, provide for the removal of the existing temporary turning tee located at John
Scott Avenue. The Owner shall be responsible to reconstruct the road to an urban
standard, including asphalt paving, curb and gutter, boulevard sod, sidewalks,
streetlighting and street trees.
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-lieu 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. All utilities such as hydro, telephone, cable television within the streets of this
development must be installed underground for both primary and secondary services.
21. All 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.
22. 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; and
iii) a siting and architectural design report and implementing site plans and
architectural drawings.
23. That 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.
24. That the Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria.
25. The Applicant will be responsible to construct new municipal sidewalks on John Scott
Avenue and Street A in a manner satisfactory to the Director of Engineering Services.
26. That 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.
27. The Owner shall provide 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.
28. The Owner shall adhere to the architectural control requirements of the Municipality
including submission of a siting and architectural design report and implementing site
plans and architectural drawings.
29. 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.
30. That 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.
31. That 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.
32. The Owner shall be 100% responsible for the construction of a 1.8 m high wood privacy
fence along the east limits of lot 7 abutting the hydro substation site.
33. 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.
34. 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.
35. 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.
36. 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.
37. Prior to final approval, the proponent shall engage a qualified professional to carry out to
the satisfaction of the Ministry of Culture, an archaeological assessment of the entire
property and mitigate, through preservation or resource removal and documentation,
adverse impacts to any significant archaeological resources found. No demolition,
grading or other soil disturbances shall take place on the subject property prior to the
Ministry of Culture confirming that all archaeological resource concerns have been met
including licensing and resource conservation requirements.
38. The Owner shall agree in the area municipality subdivision agreement to implement the
recommendations of the "Noise Impact Study for Spry Avenue/Baseline Road S-C-
2005-005, Block 38, Plan 10M-813, Municipality of Clarington", dated January 2006,
prepared by D.G. Biddle & Associates Limited, which specifies noise attenuation
measures for the development. The measures shall be included in the municipality
subdivision agreement and must also contain a full and complete reference to the noise
report (i.e. author, title, date and any revisions/addenda) and shall include any required
warning clauses identified in the study.
39. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain, among other matters, the following provision: The Owner agrees to implement
noise control measures recommended in the noise report required in Condition 38.
40. The owner agrees to design the required Noise Attenuation Fence specified in the
"Noise Impact Study for Spry Avenue/Baseline Road S-C- 2005-005, Block 38, Plan
10M-813, Municipality of Clarington", to the a high quality urban design standard to the
satisfaction of the Director of Engineering Services and the Director of Planning
Services.
41. The Owner shall submit to the Regional Municipality of Durham, 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 provide the Region with a copy of the
Subdivision Agreement containing such provisions prior to final approval of the plan.
42. The Owner agrees to design and construct a pond within the Bowmanville Valleys 2000
area to the satisfaction of the Director of Engineering Services, in consultation with the
Parks Development Branch and shall be responsible to obtain all necessary approvals
and permissions to build said pond.
43. 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.
44. 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.
45. 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.
46. Prior to anyon-site grading or construction or final registration of the plan, the Owner
shall submit and obtain approval from the Municipality of Clarington, and the Central
Lake Ontario Conservation Authority for reports describing the following:
a) the intended means of 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 Master 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 Canada Fisheries Act.
47. Prior to anyon-site servicing and construction of dwellings, the Owner agrees to provide
detailed grading plans and cut and fill plans for the subject site for approval by the
Central Lake Ontario Conservation Authority and to undertake the required cut and fill
operation. Upon completion of this operation, the Owner agrees to provide written
confirmation from an Ontario Land Surveyor or a Professional Engineer, that the lands
have been raised above the regulatory flood elevation of the Bowmanville Creek.
48. 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.
49. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain, among other matters, the following provisions:
a) The Owner agrees to carry out the works referred to in Conditions 45 and 46 to
the satisfaction of the Central Lake Ontario Conservation Authority.
b) The Owner agrees to maintain all stormwater 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.
c) 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.
In order to expedite Condition 47, a copy of the fully executed subdivision agreement
should be submitted to the Authority.
50. The Owner agrees 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 (Le.,
911 Emergency Services).
51. The Owner is to co-ordinate the preparation of an overall utility distribution plan to the
satisfaction of all effected authorities.
52. The Owner must make direct application to Veridian Connections to obtain specific
approval of the electrical service arrangements and related work for this project. [The
Owner is cautioned that tenders, contracts, or work initiated prior to obtaining specific
approval will be subject to change].
53. Where cranes or material handing equipment or workers must work in proximity to
existing overhead wires, with the capability of contact or coming within the limits of
approach, the developer/builder shall pay all costs for the temporary relocation, burial,
or protection of wires, or other action deemed necessary by Veridian to provide for
worker safety and the security of the electrical system.
54. 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 3, 8, 36, 4, 43, 44 and 45 have
been satisfied;
b) Central Lake Ontario Conservation Authority, how Conditions 46, 47, 48 and 49
have been satisfied;
c) Enbridge Gas Distribution, how Condition 49 has been satisfied;
d) Veridian Connections, how Conditions 50, 51, 52 and 53 have been satisfied;
and
e) Ministry of Culture, now Condition 37 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) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario, L 1 H 3T3 (905) 579-0411.
b) Regional Works Department, 105 Consumers Drive, Whitby, Ontario, L 1 N 6A2
(905) 668-7721.
c) Veridian Corporation, 55 Taunton Road East, Ajax, Ontario L 1T 3V3 (905) 427-
9870.
d) Enbridge Gas Distribution Inc., 500 Consumers Road, P.O. Box 650,
Scarborough, Ontario, M1 K 5E3 (1-888-447-4911)
Attachment 5
To Report PSD-006-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems itadvisable to
amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to
implement ZBA 2006-0012;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENiTAL TYPE TWO (R2)
ZONE" is hereby amended by adding a new subsection 13.4.52 as follows:
"13.4.52 URBAN RESIDENTIAL EXCEPTION (R2-52) ZONE
Notwithstanding Section 13.4 a), b), and c)Ii) those lands zoned R2-52 on the Schedules
to this By-law shall also be subject to the following zone regulations:
a.
Lot Area (minimum)
350 square metres
b.
Lot Frontage (minimum)
i) I nterior Lot
ii) Exterior Lot
11.5 metres
14.5 metres
c.
Exterior Side Yard (minimum)
6.0 metres to private
garage or carport and
4.5 metres to the
dwelling
2. Schedule ~3" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Holding - Urban Residential Type One ((H)R1) to "Holding - Urban Residential
Exception ((H)R2-24)" and from
"Holding - Urban Residential Type One ((H)R1) to "Holding - Urban Residential
Exception ((H)R2-52)"
3. Schedule "A" atlached hereto shall form part of this By-law.
4. 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 read a first time this day of
2008
BY -LAW read a second time this day of
2008
BY-LAW read a third time and finally passed this day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2007- ,
passed this day of .2007 A.D.
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Attachment 6
To Report PSD-006-07_
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a by-law to authorize entering into an Agreement with the Owners of Plan
of Subdivision S-C-2005-0005 and any Mortgagee whom has an interest in the
said lands, and the Corporation of the Municipality of Clarington in respect of
S-C-2005-0005
WHEREAS the Council of the Corporation of the Municipality of Clarington on January
14, 2008 approved draft Plan of Subdivision S-C-2005-0005 located in Part of Lot 13,
.
Concession 1, former Town of Bowmanville;
AND WHEREAS the Owner(s) of draft Plan of Subdivision S-C-2005-0005 is now ready
to proceed to finalizing the Amending Subdivision Agreement;
NOW THEREFORE BE IT RESOLVED THAT 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, and seal with the Corporation's
seal, an Amending Agreement between the Owners of the Plan of Subdivision S-
C-2005-0005
2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the
Municipality, the said conveyances of lands required pursuant to the aforesaid
Agreement.
BY-LAW read a first time this
day of
2008
BY-LAW read a second time this
day of
2008
BY-LAW read a third time and finally passed this
day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk