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HomeMy WebLinkAboutPSD-041-08 UNFINISHED BUSINESS Cl!JlmglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Re::ol\A-t)on it ~ PA - b{ 5~ -0 <g Monday, April 14, 2008 Date: Report #: PSD-041-08 File #: ZBA 2007-0015 & S-C-2007 -0004 By-law #: :.20 0 <{; -065 ~oo~-Olo"" Subject: ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 1300 RESIDENTIAL UNITS APPLICANTS: BAYSONG DEVELOPMENTS INC., 2084165 ONTARIO LTD., KIRK KEMP AND DOUGLAS KEMP (NORTHGLEN WEST) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-041-08 be received; 2. THAT the application for Draft Plan of Subdivision S-C-2007-0004 submitted by Baysong Developments Inc. 2084165 Ontario Limited, Kirk Kemp and Douglas Kemp be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval subject to the conditions contained in Attachment 3; 3. THAT the application for Zoning By-law Amendment ZBA 2007-0015 submitted by Baysong Developments Inc. 2084165 Ontario Limited, Kirk Kemp and Douglas Kemp be APPROVED as contained on Attachment 4; 4. THAT the Mayor and Clerk be authorized by By-law to execute a Subdivision Agreement between the Owner and the Municipality of Clarington, at such time, as the agreement has been finalized to the satisfaction of the Directors of Engineering Services, Planning Services and Finance; 5. THAT the Durham Region 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 delegations be advised of Council's decision. REPORT NO.: PSD-041-08 PAGE 2 Submitted by: Da Id J. rome, M.C.I.P.,R.P.P. Director, Planning Services Reviewed by: ~ W Franklin Wu 1) Chief Administrative Officer CS/CP/DJC/df 9 April 2008 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-041-08 PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicant: Baysong Developments Inc., 2084165 Ontario Limited, Kirk Kemp and Douglas Kemp 1.2 Agent: Tunney Planning Inc. 1.3 Proposed Draft Plan of Subdivision: 1300 unit residential Plan of Subdivision consisting of: · 855 single detached dwellings on 10.0, 11.0, 12.013.5 and 15.0 metre lotfrontages; · 52 semi-detached dwelling units on 18 metre lot frontages; · 203 street townhouse units; · 86 block townhouse units; · 104 medium/high density residential units within a mixed use block; · 1 public elementary school block; . 1 park block; . 1 parkette; and . Open space 1.4 Proposed Rezoning: To change the current zoning on these properties from "Agricultural (A)", and "Agricultural Exception (A- 1) Zone" to appropriate zones to permit the proposed development. 1.5 Area: Baysong Developments Inc. 2084165 Ontario Limited Kemp TOTAL 46.841 hectares 15.119 hectares 12.583 hectares 74.543 hectares 2.0 LOCATION 2.1 The subject lands are located on the north side of Concession Road 3, west of Middle Road and east of Regional Road 57, being in Part lots 13 and 14, Concession 3 in the former Township of Darlington (Attachment 1). 3.0 BACKGROUND 3.1 On March 2, 2007, Baysong Developments Inc., 2084165 Ontario Inc., Kirk Kemp and Douglas Kemp submitted applications for draft plan of subdivision and rezoning. The subject applications originally proposed a total of 1342 residential units consisting of single detached, semi-detached, townhouse, medium and high REPORT NO.: PSD-041-08 PAGE 4 density units. A Public Meeting for these applications was held in May 22, 2007. The applications were referred back for further processing, completion of a Neighbourhood Design Plan and a Financial Impact Study. 3.2 The Northglen Landowners Group (Baysong Developments Inc., 2084165 Ontario Limited, Kemp and Carruthers) had also submitted an application to amend the Clarington Official Plan, encompassing the entire Northglen Neighbourhood. Official Plan Amendment No. 59 was approved by Council on December 10, 2007. 3.3 A revised draft plan of Subdivision was submitted in February 2008, reducing the number of residential units from 1342 to 1300. 3.4 A draft plan of subdivision and rezoning application submitted by Kemp and Carruthers for the lands on the east side of Middle Road, north of Concession Road 3, also within the Northglen Neighbourhood is the subject of separate staff report. 3.5 At the General Purpose and Administration Committee of March 31, 2008, Staff Report PSD-036-08, which recommended approval of the Draft Plan of Subdivision and the Zoning By-law amendment was referred back to staff, to allow for further discussion between the Northglen Landowners Group and staff on the Conditions of Draft Approval and the Zoning By-law amendment. Staff have met with the Landowners Group. A summary of discussions will be provided in the Staff Comments section of this report. 4.0 LAND CHARACTERISTICS AND SURROUNDING USES 4.1 The northwest portion of the lands consist of a woodlot with some cleared areas in the northern, western and southern sections of the property. The northeast property was historically used for agriculture, but is now vacant, naturally vegetated land. There is a barn and building debris present on the land. An apple orchard is currently being operated on the southeast property (owned by the Kemp family), with vacant, naturally vegetated land to the north. Finally, the southwest portion of the lands consists primarily of farmland. There exists a residential building and the remains of a barn on the southwest corner of this property. The subject lands are relatively flat and generally slope to the south. 4.2 The surrounding uses are as follows: North - Agricultural lands, rural residential, and the Quarry Lakes Golf Course. South - Concession Road 3 and beyond, existing urban residential, and Hydro One's works depot. REPORT NO.: PSD-041-08 PAGE 5 East - Middle Road and beyond, orchards and rural residential and lands subject to a proposed draft plan of subdivision. Regional Road 57 and beyond, existing estate residential, and the Bowmanville Creek valley. West - 5.0 PROVINCIAL POLICY 5.1 Provincial Policv Statement The Draft Plan of Subdivision and the corresponding rezoning application were reviewed in the context of the 2005 Provincial Policy Statement. 5.1.1 The Provincial Policy Statement encourages planning authorities to create healthy livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. 5.1.2 Policy related to Settlement Areas, state that new development shall occur adjacent to built up areas and shall have compact form, a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. 5.1.3 The Housing Policies, state that Planning authorities are required to provide for a range of housing types and densities with a ten year supply of lands which are designated, and a three year supply of zoned and serviced land within draft approved and registered plans. New housing is to be directed to locations where infrastructure and public services are or will be available. A full range of housing types and densities shall be provided to meet projected requirements of current and future residents of the regional market area. 5.1.4 The Public Spaces, Parks and Open Space policies, state that healthy active communities should be promoted by planning public streets and spaces that are safe and facilitate pedestrian and non-motorized movement. A full range of publicly accessible built and natural settings for recreation including facilities, parks, open space and trails should also be considered. 5.1.5 The Infrastructure and Public Service Facilities policies, state that infrastructure and public service facilities shall be provided in a coordinated efficient and cost effective manner. Planning for these shall be integrated with planning for growth so that they are available to meet current and projected needs. The use of existing infrastructure and public service facilities should be optimized where feasible before considering developing new infrastructure and public service facilities. 5.1.6 Energy and Air Quality policies, state that planning authorities shall support energy efficiency and improved air quality through various means in the planning and development process. REPORT NO.: PSD-041-08 PAGE 6 5.1.7 The subject applications are consistent with the 2005 Provincial Policy Statement as they are proposing the development of a mixed use community with a range of housing types and densities. The subject lands are adjacent to the existing built-up area and wjll make use of existing infrastructure and public service facilities. 5.2 Provincial Growth Plan 5.2.1 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Growth is to be accommodated by building compact, transit-supportive communities in designated greenfield areas and by reducing dependence on the automobile through the development of mixed use, pedestrian-friendly environments. Growth shall also be directed to areas that offer municipal water and wastewater systems. Municipalities should establish an urban open space system within built up areas which may include communal courtyards and public parks. 5.2.2 The application would appear to conform with the Provincial Growth Plan and is expected to generate in excess of 50 people and jobs per hectare. 6.0 OFFICIAL PLANS 6.1 Durham Reaional Official Plan The Durham Regional Official Plan designates the subject lands as Living Area. The intent of this designation is to permit the development of primarily residential areas with defined boundaries, incorporating the widest possible range of housing types, sizes and tenure, developed in an efficient and cost effective manner. In consideration of development applications within designated Living Areas, regard shall be had for the intent of this plan to achieve the following: . A compact urban form; · The use of good urban design principles; · The provision of convenient pedestrian access to public transit, educational facilities and parks; and . The grid pattern of roads. 6.2 Clarinaton Official Plan 6.2.1 The subject lands are designated Urban Residential within the Clarington Official Plan. This designation is to ensure developments provide for a diverse range of housing. The applicants submitted and received approval for an Official Plan Amendment application to allow for the following: · Increased housing and population targets; REPORT NO.: PSD-041-08 PAGE 7 . Revisions to the road network; . Revisions to, as well as additional medium density symbols; and . Revisions to school and park requirements and locations for each. 6.2.2 The majority of the Northglen Neighbourhood is located on the Lake Iroquois Beach. Significant Woodlots and Significant Valleylands are also identified on Map C. An Environmental Impact Study (EIS) was undertaken for the entire Northglen Neighbourhood. 6.2.3 In addition to the woodlot being preserved through the EIS, there are a number of trees on the property of various species and health. As such, the preparation of a Tree Preservation Plan is required to identify those trees that can be preserved and contribute to the natural heritage of the neighbourhood. 6.2.4 A Neighbourhood Centre symbol is located at the northeast corner of Regional Road 57 and Concession Road 3, within the subject lands. Neighbourhood Centres are to serve as focal points for residential communities and provide for day to day retail and service needs. The maximum gross leasable f100rspace shall be 5000 m2. Neighbourhood Centres are intended to be developed with adjacent areas such as transit nodes containing higher density residential uses, recreation, community, cultural and institutional uses. How Block 925, a 6.739 ha parcel, will be developed shall be detailed through future applications for site plan approval. 6.2.5 The Clarington Official Plan states prior to consideration and approval of a plan of subdivision, the Municipality shall require the preparation of a Neighbourhood Design Plan (NDP). The plan shall be prepared in consultation with the Municipality and other agencies. A Neighbourhood Design Plan is a visual interpretation of the future development of a neighbourhood. A report containing the recommended NDP was presented to General Purpose and Administration Committee at their meeting of March 17, 2008. 6.2.6 The Clarington Official Plan states that the Municipality may require a Financial Impact Analysis to be undertaken for major development proposals. Where such an analysis demonstrates that the development will have an adverse effect on the Municipality's financial situation, the development will be considered to be premature and contrary to the intent of the Official Plan. In consideration of the subject application, together with development proposals elsewhere in Bowmanville and Newcastle Village, the Municipality undertook a Financial Impact Analysis. The conclusions and recommendations of the Financial Impact Analysis, prepared by Hemson Consulting Ltd., were presented at the February 25, 2008 General Purpose and Administration Committee through Report FD- 007-08. REPORT NO.: PSD-041-08 PAGE 8 7.0 ZONING BY-LAW 7.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A), and "Agricultural Exception (A-1) Zone". The proposed development does not comply with the provisions of this zone and therefore the subject Zoning By-law Amendment is required. 8.0 SUMMARY OF BACKGROUND STUDIES 8.1 The following documents in support of the Official Plan Amendment and Draft Plan of Subdivision were received: · Phase 1 Environmental Site Assessments; · Environmental Impact Study; · Hydrogeological Analysis; · Archaeological Assessments; and · Functional Servicing Report These documents were summarized in staffs report dealing with the proposed Official Plan Amendment (PSD-137-07). The findings of the Financial Impact Study were presented to Council in Report FD-007-08. The Neighbourhood Design Plan was presented to Council through Report PSD-026-08. 9.0 PUBLIC MEETING AND SUBMISSIONS 9.1 A joint Public Meeting for all of the subject applications was held on May 22, 2007. A number of area residents expressed concerns with the proposed development and provided comments as summarized below: · Proposed lots adjacent to Rebecca Court should be a minimum of 18m wide; · Proposed homes on lots adjacent to Rebecca Court should be not more than two storeys and all brick, any structure two storeys or more should be at least 500 metres away from existing properties on Rebecca Court; · Existing fencing along the property line between proposed lots and existing properties on Rebecca Court should replaced to prevent shortcuts to Liberty Street; · Development will increase traffic volumes on major roads in Bowmanville; · Development will increase noise levels and crime rates; REPORT NO.: PSD-041-0B PAGE 9 · Deleting school sites means that children will have to be bussed outside of their community to attend schools; · Development will have an impact on wells in the area; · Development will effect water pressure in the Rills of Liberty; and · Balanced growth at non-residential to residential assessment ratio 25:75 is not being achieved in the municipality, nor is 1 job for every 3 residents being achieved. 9.2 Those concerns/comments regarding Rebecca Court will be discussed in the report dealing with Northglen East lands. All other concerns are addressed in Section 11.2 of this report. 10.0 AGENCY COMMENTS 10.1 The subject applications for Draft Plan of Subdivision and rezoning were circulated to various agencies and departments. Clarington Building and Rogers Cable have offered no objections to the proposed applications. 10.2 Clarington Emergency Services has reviewed the proposal and requested that roads greater than 90 metres long are to provide turn around facilities regardless of whether the dead ends are temporary or permanent. 10.3 Clarington Operations reviewed the applications and provided comments with respect to the stormwater management plan. The stormwater management pond will require an upstream interceptor. It must be designed with full perimeter access road to allow for heavy maintenance equipment. In addition, a contribution of $20,000 for future maintenance of the pond will be required. With respect to the school block, all parking, including bus pick-up and drop off, and vehicular traffic must be accommodated within the school site. Parking will not be allowed on the street. Parks and schools should be separated to avoid over use of the park. A number of lots on incomplete streets maybe frozen or temporary turn circles required to accommodate snow clearing. 10.4 Clarington Engineering has reviewed the subject applications. The following is a summary of their comments: · Appropriately sized sight triangles for all road intersections are shown on the draft plan. A 5.0 metre road widening is shown on Concession Road 3 and a 5.0 metre widening is shown on Middle Road. · Temporary turning circles are required in a number of locations particularly around Abe's Auto Wreckers. All temporary dead end streets must provide sufficient width to accommodate a temporary turning circle. REPORT NO.: PSD-041-08 PAGE 10 · Phasing of the subject draft plan will be restricted by the number of external accesses available. Full development of the draft plan will require all external accesses to be constructed. · Development of a specific phase of development cannot proceed until such time as the Municipality has approved expenditure of funds for the provision of the infrastructure required for that phase of the development. The required infrastructure shall include, but not be limited to, the urbanization and reconstruction of Concession Road 3 and Middle Road including sidewalks and street illumination, park development, lighting of intersections of proposed Streets "B" and "C" with Regional Road 57, as well as entrance works or services which have been included in the Municipality's Development Charges By-law and have been deemed necessary by the Director of Engineering Services. · The Engineering Department is requiring that a Preliminary Stormwater Management Report be completed in order to determine the size and location of the stormwater management facility within Block 925 The report shall demonstrate that the lands ultimately required for a stormwater management pond shall be designed with sufficiently flat side slopes (5:1 or flatter) so that fencing is not required. · The Department is also requiring a Preliminary Lot Grading and Drainage Plan that demonstrates that all lots and blocks can be graded in accordance with Municipal criteria. 10.5 The Region of Durham provided comments on the proposed subdivision with respect to provincial plan responsibilities, the proposed method of servicing, and transportation issues. The application has been screened in accordance with the terms of the provincial plan review responsibilities. Four (4) Phase 1 Environmental Site Assessments were submitted for all the lands in Northglen West. A Record of Site Conditions is required by the Region of Durham. Potential impacts identified include; fill material pile near the former barn, the presence of a neighbouring automotive scrap yard, Abe's Auto Wreckers, and the historical and current presence of an orchard. The Soper Creek tributaries traverse the north-eastern limit of the Northglen West area. This area is identified as having high archeological potential. An archaeological assessment of the site will be a condition of draft plan approval. The Abe's Auto Wreckers facility is currently located at the south portion of the subject land. The land use compatibility between the auto facility and the surrounding proposed residential development has been evaluated in accordance to the Ministry of Environment Land Use Compatibility (D-6) Guideline. The auto facility meets the criteria of a Class II industrial facility and requires a minimum distance separation of 70 m from the property line to the sensitive land use. The REPORT NO.: PSD-041-08 PAGE 11 Region will require that all residential lots and sensitive land uses that are proposed within 70 m of the limit of the auto facility lands not be developed until the operation has ceased and is removed from the neighbourhood plan. The required site remediation and an RSC would then be required prior to any of the restricted lots being released for development. Durham Transit advised that there is transit service currently provided on Scugog Street. Regional Road No. 57, Concession Road 3 and Middle Road will be designated for future transit service to serve the Northglen Neighbourhood and the surrounding areas: They recommended that through approval of the application the following requirements: · To protect for future transit stops with shelters and hard surface platforms within the public road allowance on Regional Road No. 57, Concession Road 3 and Middle Road at intersections of collector roads into the development and at other proposed public walkways providing access to the arterial roads; · That Street 'A', Street '8', Street 'C', Street 'D' and Street '/' be designated for future transit service to address operational concerns and to provide adequate coverage ensuring effective service delivery standards are met; and · To protect for future transit stops with shelters and hard surface platforms within the public road allowances at intersections of same internal collectors designated.for transit service. Regional Works provided the following comments: · Municipal water supply to the Northglen Neighbourhood area is available from the existing 600 mm feedermain on Middle Road and from the extension of a 300 mm watermain on Concession Road 3 from Lunney Crescent to North Scugog Court and Liberty Street. · Sanitary servicing to the Northglen West area is available from an existing 375 mm sanitary sewer on West Scugog Street at Concession Road 3 and the existing 450 mm sanitary sewer on Middle Road at Bons Avenue. · Many revisions to the Traffic Impact Study are required to reflect the Region's issues with respect to volume projections and future intersection improvements. · No access to the Northglen West commercial block will be permitted from Regional Road No. 57. REPORT NO.: PSD-041-08 PAGE 12 · While the proposed intersection locations along Regional Road No. 57 do not meet intersection spacing standards for a north-south Type 'A' Arterial Road, they are acceptable in this case as unsignalized 'T' intersections. The developer will be responsible for any profile corrections on Regional Road No. 57 that are required to meet sight distance standards for the proposed new intersections. · The Region will require the developer to construct improvements at the Regional Road intersections, including signalization and auxiliary lanes at the Regional Road No. 57/Concession Road 3 intersection. auxiliary lanes at the Concession Road 3/Liberty Street intersections On Regional Road No. 57. The required improvements will be finalized following review of the revised Traffic Impact Study. · All required Regional road improvements are to be designed and constructed to Regional standards at 100% cost to the developer. 10.6 Central Lake Ontario Conservation Authority has offered no objection to the applications and subject to conditions of draft approval. In addition to the standard to conditions, the Authority has requested detailed plans and reports to demonstrate how the development will proceed within respect to the recommendations in the Hydrogeologic Report, prepared by Geo-Logic, and the Environmental Impact Study and Tree Preservation Plan prepared by Niblett Environmental Associates. 10.7 The Kawartha Pine Ridge District School Board offered no objection provided an appropriate agreement be made for the future acquisition of the school site, being Block 951. The agreement shall, among other matters, provide for the leveling. rough grading and seeding of Block 951, the provision of all municipal services to the site, and the installation of a 1.8 metre high chain link fence on the perimeter of Block 951 where it abuts proposed or existing residential lands, to the satisfaction of the Kawartha Pine Ridge District School Board. 10.8 Bell Canada has determined that a telecommunication facility easement will be required to service the subject lands. As such, the draft plan of subdivision should be revised to reflect a 10m x 10m easement. 11.0 STAFF COMMENTS 11.1 Baysong Developments Inc., 2084165 Ontario Ltd, and Kirk and Douglas Kemp own the three properties subject to these applications, equal to approximately 40% of the lands within the Northglen Neighbourhood. These landowners have submitted one joint rezoning application and one joint application for Draft Plan of Subdivision. REPORT NO.: PSD-041-08 PAGE 13 11.2 Public Submissions In response to the public submissions as they are related to Northglen West, the following information is provided. Traffic Issues Traffic reports in support of this application have been submitted to the Municipality of Clarington and the Region of Durham Works Department. The reports assess the impact of this development on local and regional roads in Bowmanville and determine what improvements are required to support this new neighbourhood, now and over time. Both agencies are satisfied that the road network and proposed improvements can adequately accommodate the traffic generated from this development. The Regional Works Department plans for the expansion of, and improvements to, the regional road network to need anticipated growth. Deleting School Sites One public elementary school symbol and one public secondary school symbol were deleted from the Northglen Neighbourhood through Amendment No. 59. The Kawartha Pine Ridge District School Board deemed that only one public elementary school site was necessary to serve the students in this neighbourhood. Both school boards are satisfied that the students generated from the development can adequately be accommodated in existing and future schools. Staff cannot provide comment on the board's policies regarding bussing of students. Increase levels of noise and crime The Northglen Neighbourhood is located within the urban area boundary of Bowmanville and adjacent residents who enjoy a rural type lifestyle will experience changes as development proceeds in this neighbourhood. Staff cannot provide comment with respect to increased crime. Balanced Growth The Official Plan sets targets for balanced growth at non-residential to residential assessment ratio of 25:75 to be achieved by 2016 and 1 job for 3 residents to also to be achieved by 2016. Certainly with growth in retail sectors of our community and new initiatives such as the Energy Business Park, the municipality is attempting to provide opportunities to achieve an increase in non- residential assessment and jobs for residents. 11.3 Phasina of Development 11.3.1 Development of the Northglen Neighbourhood does not align with the Municipality's infrastructure financing and timing assumptions as contained in the Development Charges Background Study 2005. This study anticipated development of portions of the neighbourhood not to occur until 2015 or beyond. Works that are required for this development to proceed include the following: REPORT NO.: PSD-041-08 PAGE 14 i) Reconstruction of Concession Road 3; ii) Reconstruction of Middle Road from Concession Road 3 to the north limit of the urban area boundary; iii) Installation of street lighting and sidewalks on Concession Road 3; iv) Installation of street lighting and sidewalks on Middle Road; v) storm sewer and full urbanization of Scugog Street south of Concession Road 3; vi) Neighbourhood park and parkette development; and vii) Illumination of Regional Road 57 along the entire frontage of the Plan of Subdivision fronting onto Regional Road 57. The Municipality of Clarington undertook a Financial Impact Study for this development along with four others in Bowmanville and Newcastle Village. A report on that study was presented to Committee and Council in February 2008. In consideration of the recommendations proposed through the Financial Impact Study. The Northglen Landowners Group presented a proposal to contribute to the construction of some infrastructure works to address the impact of allowing the plan of subdivision to proceed at this time. Staff have met with the Landowners Group to determine which works are required and the timing of those works, based on a phasing plan to be approved by the Directors of Engineering Services, Planning Services and Finance. As a condition of draft approval, staff are requiring that the park (Block 952) be included within the limits of the registration of Phase 1 and be constructed 100% at the expense of the Owners. The Owners shall also be 100% responsible for the preparation of a detailed park concept plan, park construction drawings and specifications all to be approved by the Director of Engineering Services. The park shall be commenced upon issuance of the 1515t building permit in Phase 1. 11.3.2 The developers will be 100% responsible for the cost to construct in conjunction with Phase 1 the following interim works as directed by and to the satisfaction of the Director of Engineering Services: i) asphalt overlay on Concession Road 3 from Regional Road No. 57 to Middle Road, including where required, left turn lanes; ii) intersection illumination of Concession Road 3 at Street 'A'; iii) intersection illumination of Regional Road 57 at Street 'B'; iv) provision for pedestrian access on Concession Road 3; v) any costs associated with left turn lanes on Concession Road 3 if required through an approved traffic control study which analyzes the need to left turn lanes at each intersection on Concession Road 3; and vi) construction of the Neighbourhood Park as detailed below. The phasing of this draft plan will be restricted by the number of external accesses that are available and the external and internal capital works which have been approved by Municipal Council. REPORT NO.: PSD-041-08 PAGE 15 The Owner is responsible for 100% of the cost of any oversizing of Municipal infrastructure deemed necessary to service the development to the satisfaction and at the request of the Director of Engineering Services. The Owner shall construct the neighbourhood park (Block 952) in its entirety as detailed in a park concept plan, park construction drawings and specifications all to be approved by the Director of Engineering Services. The park shall be commenced upon issuance of the 15151 building permit in Phase 1 and shall be completed before the 200th building permit. Development of the parkette (Block 953) shall be developed in accordance with the Municipality's current practices as defined through the Development Charges By-law as amended from time to time. 11.4 Abe's Auto Wreckers The Abe's Auto Wreckers facility is currently located north of Concession Road 3 and west of Middle Road and is surrounded on three sides by the proposed plan of subdivision. The land use compatibility between the auto facility and the surrounding proposed residential development has been evaluated in accordance to the Ministry of Environment Land Use Compatibility Guideline. The auto dismantling facility requires a minimum distance separation of 70 m from the property line to any sensitive land use. Therefore all proposed residential lots and sensitive land uses, within 70 m of the limit of the auto dismantling facility lands shall not be developed until the operation has ceased and is removed from the neighbourhood. The required site remediation and an RSC would then be required prior to any of the restricted lots being released for development. These lands have been zoned with Holding symbol only to be removed at such time as the auto dismantling use has ceased, a RSC is filed with Ministry of Environment and an appropriate site grading plan is approved by the Director of Engineering that shows the transition of grades between the draft approved lands undeveloped auto wrecker lands. 11.5 Developer's Issues As noted in Section 3.5 of this report, PSD -036-08 was referred back to staff, to allow for further discussion between the Owners and staff on Conditions of Draft Approval and the proposed Zoning By-law amendment. Two meetings were held. The following issues were raised. . Seeding versus sodding the park; . Acquisition of lands for a sight triangle to accommodate Street "B"; . Fencing requirements; . Extension of time before the lapsing Draft Approval from three years to six years; . Altering lot frontages on Street "P" as a redline revision; . 70 m setback from the property line of Age's Auto Wreckers; REPORT NO.: PSD-041-08 PAGE 16 · Melding Street Townhouse blocks on Street "F" into the Mix Use block (block 925) as a redline revision; · Freezing of Street Townhouse blocks on Street "J" until the Stormwater Management Pond is constructed; · Access to Open Space Block 954; and · Zoning By-law Amendment for 11.0 metre single detached dwelling. A majority of the smaller issues were resolved at the initial meeting, while the more significant issues required further consideration. The following provides a summary of the more controversial issues. The Conditions of Draft Approval have been amended and the Owners have concurred with all the changes. 11.5.1 Issues with the Conditions of Draft Approval Redline Revisions Staff recommended two red line revisions to the draft plan. · Staff had initially revised the plan by changing the lot frontage on 7 lots situated on Street "P" from 10.0 metres to 12.0 metres to accommodate appropriate driveway widths. Experience has shown that there are problems with driveways of small lot singles on the outside of a 90 degree curve. Based on discussions with the Owners, the revision is no longer required since the companion Zoning By-law amendment specifies a maximum driveway width of 4.6 metres. If homeowners do not widen their driveways, there won't be conflicting vehicular movements. · Blocks 905 to 908 (22 street townhouses) situated in Block 925 (mixed use block) be melded together to allow for flexibility in the design of various medium! high residential components as well as the commercial uses in Block 925. The Owners did suggest that the design of the townhouses could be delayed however wished to proceed with the construction of Street F, and servicing of the townhouse blocks. Staff are of the opinion that servicing of units will predetermine the form of development in this entire block and as such are recommending that this redline revision remain. The red line revision to the plan remains applicable and the Owners have now accepted this condition. Storm water Management Pond . Provision is being made for a stormwater management pond within Block 925, that can be more of an amenity feature although it does not have a natural shape. To this end, staff have had concerns that there is a sufficient area to provide for appropriate slopes, in the absence of a grading plan and finalized design. Initially, the Conditions of Draft Approval specified that Blocks 898 to 901 are "frozen" and cannot develop until a site plan approval had been issued by the REPORT NO.: PSD-041-08 PAGE 17 Directors of Engineering Services and Planning Services. The Owners requested that the condition be revised and the Blocks remain frozen until the detailed engineering for the pond have been completed and approved by the Municipality. Staff have agreed to the proposed change. 70 metre setback to Abe's Auto Wreckers The applicants are concerned that 70m setback from the property limits of the auto wrecker will freeze lots on both sides of Street 'A' and 'F' until the auto wrecker use ceases. This issue was reviewed with the Region of Durham who requested the condition. However, at this time sufficient information to amend the separation has not been provided. The condition remains unchanged. Access to Block 954 Block 954 is a 0.094 hectare Open Space Block at the north end of the Draft Plan. These lands, and lands to the north which are outside the limits of the draft plan, were identified as having environmental sensitive features in the Environmental Impact Study and recommended to be in public ownership. Block 954 does not have access to a public road and therefore it is difficult for the Municipality to maintain. Staff have recommended that a building permit not be issued for Lot 588 until Block 954 can be accessed by public road allowance, and until said time, an easement is granted to the Municipality for maintenance. The Owners disagreed, recommending a 3.0 access easement over the lot and placing a clause in the purchase and sale agreement advising the purchaser of the 3.0 metre wide access easement on the lot. Although an easement will allow construction of a home on Lot 588, homeowners often place accessory buildings, pools, fences and gardens on the easements, making access for maintenance difficult if not impossible. The condition has not been revised and the Owners have agreed to it. Seeding Versus Sodding of the Neighbourhood Park The Owners have requested the ability to seed areas of the park as opposed to sodding. The Manager of Parks Development reviewed this request and will accept seeding in some areas. However, the park maintenance will remain the developers responsibility for a longer period until the seed is fully established. The condition has been revised to allow for either seeding or sodding to the satisfaction of the Director of Engineering Services. 11.5.2 Issues with the Zoning By-law Amendment 11.0 m Single Detached Dwellings The Zoning By-law amendment allows for single detached dwellings with 11.0 metre frontages. The by-law states that the outside width of the garage shall only be 40% of the width of the house, which means this product only allows a home with a single car garage. The Owners are requesting that this provision be removed to allow for a two car garage. Staff were not in agreement, and are of the opinion that a two car garage on a smaller house not only dominates the front of the house, REPORT NO.: PSD-041-08 PAGE 18 but where there are many such lots abutting and then facing each other, the garages would dominate the streetscape. The zoning requirement has not changed. Setback for 12.0 m Single Detached Dwellings The Zoning By-law attached to this report which was referred back to Staff contained an error with respect to the required interior side yard setback for dwellings on 12.0m lots. The setback allowed 1.2 m on one side and 0.6 m on the other side. The by-law attached to the report revises this to 1.2 m setback on both sides. The Owners have a concern with this. Staff believe that the larger lots should provide for a little more separation between units, as opposed to the 10m and 11 m lot which allow 0.6m setbacks on one side. 11.6 Mixed Use Commercial Block Baysong Developments Inc. is proposing a mixed use commercial block in the southwest corner of the subject lands. The lands are designated as a Neighbourhood Centre which permits a maximum retail floorspace of 5000 square metres and Medium and High Density residential uses are also designated. The applicant has provided a conceptual plan which includes medium and high density uses and retail floorspace, a stormwater management pond and a parkette. The amount of retail floors pace and the proposed number of residential units are not identified on the conceptual plan. Zoning for this block will not be amended at this time, rather the appropriate zoning for this block will be considered at such time an application for site plan approval has been submitted. 11.7 Tax Status The Finance Department advises that the taxes for the subject properties have been paid in full. 12.0 RECOMMENDATIONS 12.1 The applications have been reviewed in consideration of the comments received from area residents, the circulated agencies, the Region and Clarington Official Plan and Zoning By-law. The Owner has concurred with the revised Conditions of Draft Approval as contained in Attachment 3. In consideration of the comments contained in this report, Staff respectfully recommend the proposed draft plan of subdivision as red-line revised and contained in Attachment 2 be APPROVED subject to the Conditions of Draft Approval as contained in Attachment 3 and that the rezoning as contained in Attachment 4 be APPROVED. REPORT NO.: PSD-041-08 PAGE 19 Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Draft Plan of Subdivision Attachment 3 - Conditions of Draft Approval Attachment 4 - Zoning By-law Amendment Attachment 5 - By-law Authorizing Subdivision Agreement List of interested parties to be advised of Council's decision: Dave and Janet Passant Rick and Donna McCreary Mike and Caroline Dodds Peter and Heather Abramczuk Gord and Rosemary Baker Grant Martin George and Cheryl Strilchuk Dominick and Angela Forsellino Kurt and Sylvia Graichen Ardyth Korte Sernas Associates Reverend Gordon Belyea Florence Cinquemani Mike Dome Cindy Craig Murdoch Hielka Holkema Glenn Genge Wendy Busuttil Hannu Halminen Baysong Developments Inc Kirk & Douglas Kemp Bob and Patsy Carruthers Kevin Tunney Rick James Ron & Ann Reitsma Tammie McGann Attachment 1 To Report PSD-041-08 - .! os: C III i o lD CL III :E c o ;;:; III U o ..... ~ .. CL e a.. 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"'W": ,B~~l"'f( \\\'" )~~~~~f~=~~~ Ii#\;~~~,'-N\-~'~1:."=':'F, =-~. ,u~~,' ~,' fJ\ ~ J!(~~~~~~;~:f~Li j L~ ii f;.ft"\>-""'"'-----~ ai \ \ \ I -..l 1~1.w. ~ _L--~~_~- ~>--:.I-=-~--:: --=--\,-....../'L____ .'0~,J~ ----._@(\ml11ll\ 1 ~~ 1 __.J l...--:r--f-=---\ .4l1~1m 'i"''' A,""'" II ....1./ 1:1 '- ~ I --~ I W UL..' I ~ I ~--,,- -,----, '",,:~. . !"" __ I dV . I ~ I ~_----~~\ ;b"t~i ~ j~...J-5C~@;R~ ( - \ _~ ~ ~,;. ~ I J~ / __ ~-7Hi ~ L___-;_~ f % ~ L---'-- _o'~---~ I I \ _lJrj'''''' \%" L_J ----, ,',; \ ~-:~I';I : ib1il J I ~----~:::.~~---- \ /: I ,</, ;,1--- .....-r: ;:,., r: ---'I 71'1'1: ~;!! I .-..J -- --- \ \ \ , ..);.... \ /// I 1-: I .- ..----.:: ~ II \ I \ ....)_(-- ~~'\ I' ~~ - --, c1/ ",:j!j ~-' ,,-=- J /J. I \)." : "'-~'::::' /0!:['lj'l J- I ~ I ..... I \ // I "'~ / /! I!I; ~ " 1;-- -C""--_:7 , ~' .............. / \ ,,/ '/ I ~"' / ~ id ~ Attachment 3 To Report PSD-041-08 CONDITIONS OF DRAFT APPROVAL S-C-2007-0004 (Northglen West) Date April 14, 2008 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2007-0004 prepared by Tunney Planning Inc. identified as Project Number TUN 549-1, original submission dated February, 2006, and as revised in February 2008, and further red lined, which illustrates 1300 residential units consisting of 855 single detached dwellings, 52 semi detached units, 203 street townhouse units, 86 block townhouse units, a mixed use block containing 126 residential units, commercial floorspace, stormwater management pond, and blocks for a public elementary school, a park and a parkette, road widenings, 0.3 metre reserves, landscape strips, and open space. The red-line revisions shall include: i) melding Blocks 905 to 908 inclusive with Block 925. 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. 4. The Owner shall convey a 5.00 metre road widening (Blocks 982 and 988), across the entire frontage of the draft plan to the Municipality of Clarington for the purpose of widening Concession Road 3. 5. The Owner shall convey a 3.00 metre road widening (Blocks 983, 984 & 985), across the entire frontage of the draft plan to the Municipality of Clarington for the purpose of widening Middle Road. 6. The Owner shall convey a 14.0 metre x 14.0 metre sight triangle at the corners of Concession Road 3 and Middle Road to the Municipality of Clarington. 7. The Owner shall convey 14.0 metre X 7.0 metre sight triangles at all intersections where arterial roads (Concession Road 3 and Middle Road) intersect with local and collector roads. 8. The Owner shall convey Block 987 to the Region of Durham for purposes of road widening on Regional Road 57. 9. The Owner shall convey a 15.0 metre x 15.0 metre sight triangle at the corners of Concession Road 3 and Regional Road 57 to the Region of Durham. 10. The Owner shall convey a 15.0 metre x 10.0 metre sight triangle at the corners of Regional Road 57 and Street "B" and Regional Road 57 and Street "C" to the Region of Durham. 11. The Owner shall convey a 4.0 metre landscape strip (Blocks 958 and 959) across the frontage of the Concession Road 3, and a 3.2 metre landscape strip (Blocks, 955,956 and 957) across the frontage of Regional Road 57, to the Municipality of Clarington for the purposes of landscaped treatments. 12. The Owner shall terminate any dead ends and/or open sides of road allowances created by this draft plan in 0.3 metre reserve(s) to be conveyed to the Municipality of Clarington. 13. The Owner shall convey the 0.3 metre reserve shown as Blocks 960 to 968 and 973 to 981, inclusive, on the draft plan to the Municipality of Clarington. 14. The Owner shall dedicate Block 954 on the draft plan to the Municipality of Clarington for Open Space in accordance with the Municipality of Clarington Official Plan. 15. That 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. 16. That all land dedications, easements, sight triangles and reserves as required by the Region of Durham for this development must be granted to the Region free and clear of all encumbrances and in a form satisfactory to the Region's Solicitor. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 17. The subdivision shall be developed in phases by more than one registration. The Owner shall submit plans showing the proposed phasing to the Directors of Engineering Services, Planning Services and Finance for approval. Block 952, Park Block, shall be included within the limits of the registration of Phase 1. Furthermore, the Owner agrees to incorporate Block 951, Public Elementary School Block, including adequate frontage for appropriate access, should the Kawartha Pine Ridge District School Board, deem that the block is necessary prior to registration of the phase in which these lands are situated. A copy of the approved Phasing Plan shall be provided to the Region of Durham Works Department 18. 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. 19. 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. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 20. The owner shall implement a rear yard planting program for all lots in accordance with the guidelines to be established or terms approved by the Municipality. 21. 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 program has been approved except as authorized by the Municipality. 22. 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. 23. Prior to the development of any phase which accesses Concession Road 3, the Owner shall complete a Traffic Control Study, which analyzes the need for left turn lanes at each intersection on Concession Road 3 and recommend how left turn lanes would be constructed. Any works deemed necessary by the Director of Engineering Services shall be undertaken at 100% cost to the Owner. 24. The Owner shall prepare an Internal Traffic Impact Study to assess the traffic movements with the Plan of Subdivision and identify areas where traffic calming may be required. The study shall recommend the appropriate measures to be used, such as textured asphalt, bump outs or landscaping measures. This study shall be prepared to the satisfaction of the Director of Engineering Services and Director of Planning Services. 25. The Owner shall prepare an Environmental Sustainability Plan for approval by the Director of Planning Services and the Director of Engineering Services. The Plan shall be consistent with the recommendations of the Environmental Sustainability Plan prepared by the Owner for Plan of Subdivision S-C-2007-0005. This plan must be approved by the Municipality of Clarington, and shall identify specific measures on how development in Plan S-C-2007 -0004, will ensure the protection, conservation and enhancement of air, water, and ecological features and functions, energy and other resources and heritage resources. As a minimum, the report shall address; i) Energy conservation measures for new homes, such as the construction and operation of new residential building to a minimum rating of 80 or more in accordance with Natural Resources Canada "EnerGuide for New Houses" or equivalent certification system; ii) Water conservation measures for new homes such as the Water Sense program or equivalent program; iii) Use of environmentally friendly materials or finishes in the dwellings; and iv) The preparation of a community education hand-book on the environmentally sensitive areas in the neighbourhood. 26. The Owner shall prepare a Community Theme and Urban Design Implementation Plan, to the satisfaction of the Director of Planning Services and Director of Engineering Services. This Plan shall confirm and control intended pattern of development in the Northglen Neighbourhood. This plan shall be consistent with the approved plan prepared by the Owner of the Plan of Subdivision S-C-2007-0005. The Plan shall include the proposed network of roads, transit, pedestrian and bicycle routes, the location of specific features, sites and residential lots within the neighbourhood such as corner lots, and T- intersections that require specific lot and building placement, orientation and architectural features, design concepts for community theming include gateway treatments, landscape treatments, lighting fixtures, fencing details and related design issues for the overall design, location and configuration of trails and open space buffers. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 27. 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. 28. The Owner agrees to prepare a phasing plan that will be subject to the approval of the Director of Engineering Services and Director of Planning Services.. 29. The phasing of this draft plan will be restricted by the number of external accesses that are available and the external capital works which have been approved by Municipal Council. Full development of the draft plan will require all external accesses to be constructed. The specific lots available for building permits in any single phase of the development will be at the discretion of the Director of Engineering Services. 30. The Owner agrees to construct in conjunction with Phase 1 the following interim works at 100% Owners cost as directed by and to the satisfaction of the Director of Engineering Services; i) interim road improvements on Concession Road 3, including but not limited to, left turn lanes where required and asphalt overlay from Regional Road 57 to Middle Road; ii) intersection illumination at Street "A", and Concession Road 3; iii) provision for pedestrian access on Concession Road 3; iv) intersection illumination at Regional Road 57 and Concession Road 3; and v) intersection illumination at Regional Road 57 and Street "B". 31. The Owner acknowledges that portions of this draft plan of subdivision are premature relative to the Municipality's capital budget and four year forecast. Development cannot proceed until such time as the Municipality has approved the expenditure of funds for the provision of the certain works for this draft plan or external works or services in its capital budget and which have been included in the Municipality's Development Charges By-law and deemed necessary by the Director of Engineering Services and Director of Finance, to service this development. These include but are not limited to: i) Reconstruction of Concession Road 3 from Regional Road 57 to Middle Road to a full urban section, including curb, gutter, storm sewer, granular base and asphalt base and service course; ii) Reconstruction of Middle Road from Concession Road 3 to the urban area boundary to a full urban section, including curb, gutter, storm sewer, granular base and asphalt base and service course; iii) Installation of street lighting and sidewalks on Concession Road 3; iv) Installation of street lighting and sidewalks on Middle Road; v) Storm sewer on Scugog Street south of Concession Road 3 to Bons Avenue and urbanization of Scugog Street south, to the north limit of the existing urbanization, to a full urban section, including curb, gutter, storm sewer, granular base and asphalt base and service course; vi) park development; and vii) illumination of Regional Road 57 along the entire frontage of the Plan of Subdivision fronting onto Regional Road 57. 32. Should the Owner wish to proceed in advance of the approval by the Council of the Municipality of Clarington, for the expenditures for the any works required by the Director of Engineering Services to facilitate development, the Owner shall pay 100% of the cost of all required works, to the satisfaction of the Director of Engineering Services and Director of Finance. 33. The Owner is responsible for 100% of the cost of any oversizing of municipal infrastructure deemed necessary to service the development to the satisfaction and at the request of the Director of Engineering Services. Oversizing includes but is not limited to: . Left turn lanes on Concession Road 3; · Storm sewer oversizing on Concession Road 3 and Middle Road; and · Increased depth of storm sewer invert on Concession Road 3 and Middle Road. The Owner will be required to provide securities in the amount of 100% of the cost of oversizing based on the construction cost estimate. The securities must be submitted in a form satisfactory to the Director of Finance and Director of Engineering Services prior to registration of the first phase. The difference, if applicable, between the cost estimate and the as-built cost of the oversizing will be 100% the responsibility of the Owner. 34. The Owner shall convey Blocks 952 and 953 to the Municipality of Clarington for park or other public recreational purposes. The Owner further agrees that the dedication of parkland for the subject application will be considered together with the parkland dedication requirement for the application for Draft Plan of Subdivision S-C-2007-0005. The Owners of the two Draft Plans of Subdivision shall enter into a private cost sharing agreement for the total parkland dedication requirements in order to address any over and/or under dedication related to the individual Draft Plans of Subdivision applications. 35. The Owner is 100% responsible to construct the park (Block 952) in its entirety. The owner shall retain a qualified Landscape Architect to undertake the preparation of a detailed park concept plan, followed by the preparation of park construction drawings and specifications all to be approved by the Director of Engineering Services. The park construction drawings shall clearly indicate all park grading, equipment and facilities. Park facilities to be included in Block 952 shall include, but not be limited to; . Water play area with rubberized surface. · traditional playground with equipment suitable for junior and senior age children . hard surface play court (i.e. basketball, ball hockey) . shade structure · park furniture such as benches, picnic tables, waste containers, bike racks as appropriate · paved walkways connecting various park features to surrounding streets . walkway lighting . tree and shrub planting as appropriate . park sign . one unlit sports field . park entirely sodded as seeded to the satisfaction of the Director of Engineering In addition, should Block 951 not be required by the Kawartha Pine Ridge District School Board for public elementary school, the Owner will be required to construct a paved parking lot for 25-30 cars in the Block 952. 36. For the purpose of Block 953 parkland development, the local service as defined in the Development Charges By-law as amended from time to time, includes the requirement for the Owner to undertake the preparation of a detailed park concept plan including proposed grading to demonstrate that the proposed park size, configuration and topography will allow for the construction of park facilities to the satisfaction of the Municipality. In addition the Owner is required to provide the park site graded in accordance with the park concept plan including storm water servicing. The park site must be fenced and seeded with a minimum cover of 200mm of topsoil. 37. The owner agrees to commence construction of the park Block 952 at the issuance of 1515t building permit. The Owner agrees to complete the park construction in accordance with the approved construction drawings and specifications prior to the issuance of the 200th building permit. 38. The Owner agrees that the development of Blocks 925, save and except the installation of the Stormwater Management Pond, cannot proceed until such time as the developer has entered into a Site Plan Agreement with the Municipality of Clarington for the development of this Block. In addition, development of Blocks 898, 899, 900, 901, cannot proceed until such time as engineering drawings and specifications for the stormwater management pond as contained in Block 925 have been submitted and demonstrate that these lands are not required for the pond and approved by Director of Engineering Services, 39. The Owner agrees that development of Block 923 cannot proceed until such time as the lands to the south identified as assessment role number 18-19-010- 80-05500 have melded with Block 923 and the applicant has entered into a Site Plan Agreement with the Municipality of Clarington. 40. Until such time the lands adjacent to Block 954 Open Space Block on the draft plan are in municipal ownership and having access to a public road allowance, a building permit for Lot 588 shall not be available. Until said time, an easement over Lot 588 for maintenance of Block 954 shall be provided to the Municipality. 41. All lots which do not have frontage on a completed section of roadway will be placed on hold with no building permits issued until such time as these roads have been constructed. Alternatively, a temporary turning circle can be provided with suitable easements for snow storage. Lots situated at the end of these roads will remain frozen until such time as the roads are extended and constructed to a finished urban profile including Regional services, asphalt paving, curbs and gutter, sodded boulevard and sidewalk. Release of building permits for designated 'frozen lots" will be determined by the Director of Engineering Services. 42. The Owner shall be 100% responsible for the costs of installing fencing in the location specified in accordance with Municipal specifications standards and policies, to the satisfaction of the Director of Engineering Services. 43. Prior to registration of any portion of the subject draft plan the owner must demonstrate how perpetual maintenance of any blocks identified as "Part Lots or Blocks" will be undertaken. All part lots will be pre-serviced with water, sanitary and storm sewers. 44. The Owner agrees that Street "B" cannot be constructed beyond Streets "I" and "H" until such time as sufficient lands on the north side of Street "B" identified as assessment roll number18-19-010-080-05500, have been acquired to accommodate the appropriately sized site triangle and are dedicated to the Municipality of Clarington. In addition, a Grading Plan including sections, shall be submitted which demonstrates that the construction of Street "B" will not adversely affect the adjacent lands to the north. 45. The Owner shall be 100% responsible for the costs of landscaping the Landscape Strip (Blocks 958, 959, 955, 956 and 957) in keeping with the approved Landscape Plan. 46. The Owners shall be 100% responsible for the cost of preparing Architectural Design Guidelines specific to this development, as well as 100% of the cost for the control architect to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 47. The Owner agrees that no residential units shall be offered for sale to the public on said plan until such time as the architectural control guidelines and the exterior architectural design of each building has been approved by the Control Architect and the Director of Planning Services. 48. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 49. 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. 50. All works shall be constructed in accordance with the Municipality of Clarington standards. 51. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 52. 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. 53. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Engineering Services to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 54. 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. 55. Prior to final approval, the Regional Municipality of Durham shall be satisfied that any wells on the property have been decommissioned in accordance with applicable Ministry of Environment standards. 56. 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. 57. 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 Charges Act if any are required to be paid by the Owner. 58. The Owner agrees that all lots and sensitive land uses within 70 metres of the limits of Abe's Auto Wreckers identified as assessment roll number 18-19-010- 080-05900 can not be developed until such time the auto wrecker use has ceased and all automobiles and parts are removed from the property. The lands within 70 metres will be zoned with a Holding (H) symbol. This symbol may only be removed under the following conditions: i) a satisfactory Record of Site Condition (RSC) is submitted to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of Environment (MOE) for approval. This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. ii) a Lot Grading Plan and Drainage Plan has been submitted and approved by the Director of Engineering Services; and iii) application for rezoning is submitted and approved by the Municipality of Clarington, in keeping with policies of the Clarington Official Plan and Zoning By-law. 59. 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. 60. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall submit to, and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: i) 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]; ii) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; iii) 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 iv) on-site groundwater conditions and contributions to the baseflow of Creek, and necessary measures to maintain these contributions. 61. Prior to anyon-site grading and/or construction, the Owner shall submit for review and approval, detailed plans and any associated reports, of the proposed frog pond/wetland to be constructed within Block 301 of the Plan of Subdivision S-C- 2007-0005. This feature shall be constructed prior to the elimination of the existing pond/wetland feature located within the subject plan of subdivision in compliance with the Environmental Impact Study report by NEA dated April 2007. 62. The Owner shall submit for review and approval phased grading plans as well as proposed cut and fill drawings/plans for the subject site. 63. The Owner shall submit appropriate detailed drawings and reports which indicate how development of the site meets the conclusions and recommendations outlined in Section 6.0 of the Hydrogeologic Investigation Report, as prepared by Geo- Logic, dated May 2005. 64. The Owner shall submit appropriate detailed drawings and reports which identify and indicate how development of the site meets the recommendations of the Environmental Impact Study, prepared by Niblett Environmental Associates, dated April 2007 as well as the Tree Preservation Plan, prepared by Niblett Environmental Associates, dated April 2007. 65. 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. 66. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: i) the Owner agrees to carry out the works to the satisfaction of the Central Lake Ontario Conservation Authority. ii) 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. iii) the Owner agrees to advise the Central Lake Ontario Conservation Authority, 48 hours prior to the commencement of grading or the initiation of anyon-site works. 67. The Owner agrees to furnish to the Central Lake Ontario Conservation Authority, a copy of the fully executed subdivision agreement with the Municipality 68. The Owner shall enter into a written agreement with the Kawartha Pine Ridge District School Board which provides for the future acquisition of the school site, as shown as Block 951 on the draft plan, to the satisfaction of the School Board. The agreement shall, among other matters, provide for the leveling, rough grading and seeding of Block 951, the provision of all municipal services to the site, and the installation of a 1.8 metre high chain link fence on the perimeter of Block 951 where it abuts proposed or existing residential lands, to the satisfaction of the Kawartha Pine Ridge District School Board. 69. The Owner shall submit to the Municipality of Clarington and Regional Municipality of Durham, for review and approval, an updated noise report, based on the preliminary Noise Impact Study, prepared by Sernas Associates, Project no. 88239G. The study shall be 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. 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. 70. The Owner is to co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all affected authorities. 71. The Owner shall grade all streets to final elevation prior to the installation of the gas lines and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of Enbridge Gas Distribution. 72. All of the natural gas distribution system will be installed within the proposed road allowances therefore easements will not be required. 73. 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). 74. The Owner shall agree in words satisfactory to Bell Canada to grant Bell Canada any easements that may be required for telecommunications services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell facilities or easement the owner/developer shall be responsible for the relocation of such facilities or easements 75. 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. 76. 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. 77. The Owner shall provide a $20,000 contribution for the future maintenance of the storm water management pond to be constructed in Block 925. 78. 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. 79. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: i) 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. H) 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. iii) The Owner agrees to place the following in all agreements of purchase and sale between the Developer and all prospective home buyers: iv) "Students from this area may have to attend existing schools. Although a school site has been reserved within this plan of subdivision; a school may not be built for some time, if at all, and then only if the Ministry of Education authorizes funding and construction of this required schooL" v) Owner agrees to implement those noise control measures recommended in the Noise Report. 80. 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: i) Regional Municipality of Durham, how Conditions 3,8,9, 10, 17, 22, 55, 58, 69,75 and 787 have been satisfied; H) Central Lake Ontario Conservation, how Conditions 60, 61, 62, 63, 64, 65, 66 and 67 have been satisfied; iii) Kawatha Pine Ridge District School Board how Condition 68 has been satisfied; iv) Enbridge Gas Distribution Inc., how Conditions 71, and 72 have been satisfied; v) Bell Canada, how Conditions 73 and 74 have been satisfied; and vi) Ministry of Culture, how Condition 59 has been satisfied. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within [c11]six 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. 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: i) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, UH 3T3 (905) 579-0411. ii) Kawatha Pine Ridge District School Board, Peterborough Ontario K9J 7M3 iii) Regional Municipality of Durham, 605 Rossland Road East, 4th Floor Whitby Ontario UN 6A3 iv) Enbridge Gas Distribution Inc. 500 Consumers Road, North York, Ontario, M2J 1 P8 v) Bell Canada, Development and Municipal Services Control Centre, Floor 5, 100 Borough Drive, Scarborough Ontario M1 P 4W2 vi) The Ministry of Culture, Culture Programs Unit, 400 University Avenue, 4th Floor Toronto, Ontario M7A 2R9. Attachment 4 To Report PSD-041-08 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 Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2007-0015; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule 12.2 "SPECIAL EXCEPTIONS-URBAN RESIDENTIAL TYPE (R1) ZONE" is hereby amended by adding new Special Exceptions as follows: "SECTION 12.4.70 URBAN RESIDENTIAL EXCEPTION (R1-70) ZONE Notwithstanding Sections 12.1 a); 12.2 a); b); c); d) i, ii), iii); I); h); and i) ii) those lands zoned R1-70 on the Schedules to this By-law shall only be used for single detached dwellings, subject to the following regulations: a) Lot Area (minimum) i) Interior 450 square metres b) Frontage (minimum) i) Interior ii) Exterior 15.0 metres 18.0 metres c) Yard Requirements (minimum) i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to front wall; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to front wall; 2.0 metres to porch iii) Interior Side Yard 1.2 metres with private garage or carport; Without private garage or carport 1.2 metres on one side, 3.0 metres on the other d) Lot Coverage (maximum) i) 1 Storey a) Dwelling b) Totai of Buildings and Structures 50 percent 55 percent ii) All other residential units a) Dwelling b) Total of all buildings and structures 40 percent 45 percent e) Height (maximum) i) 1 Storey dwelling ii) All other residential units 8.5 metres 10.5 metres f) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall SECTION 12.4.72 URBAN RESIDENTIAL EXCEPTION (R1-72) ZONE Notwithstanding Section 12.1 a); 12.2 a); b); c); d) i, iii, iii); f) and i) those lands zoned R1-72 on the Schedules to this By-law shall only be used for a semi- detached dwelling, subject to the following regulations: a) For the purposes of this Section, the tenm "Dwelling, Semi-Detached" means a building separated vertically into two separate dwelling units, connected by a common wall, each of which has an independent entrance directly from the outside of the building and each of which is located on a separate lot. b) Lot Area (minimum) i) Interior 540 square metres c) Lot Frontage (minimum) i) Interior ii) Exterior 18.0 metres 21.0 metres d) Yard Requirements (minimum) i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard 1.2 metres with private garage or carport; Without private garage or carport 3.0 metres e) lot Coverage (maximum) i) Dwelling ii) Total of Buildings and Structures 40 percent 45 percent f) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall or covered porch projection." 2. Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE (R2) ZONE" is hereby amended by adding thereto new Special Exceptions as follows: "SECTION 13.4.53 URBAN RESIDENTIAL EXCEPTION (R2-53) ZONE Notwithstanding Sections 13.2 a); b); c) i), ii), iii), e) and h) those lands zoned R2-53 on the Schedules to this By-law shall be subject to the following regulations: a) b) Lot Area (minimum) 300 square metres Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot . 1 0 metres 13.0 metres c) Yard Requirements i) Front Yard 6.0 metres to private garage or carport: 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard With private garage or carport 1.2 m on one side; 0.6 metres on the other side; Without private garage or 3.0 metres on one side 0.6 metres on the other side d) Lot Coverage (maximum) i) Dwelling ii) Total of all Buildings and Structures 40 percent 45 percent e) Driveway width (maximum) 4.6 metre f) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall or covered porch projection. ii) The outside width of the garage shall be a maximum of 40% of the width of the house. g) In addition to the regulations of Section 3.11 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symbol from the lands zone (H)R2-53 on Schedule 1 to this By-law located within 70 metres of the boundary of lands identified by roll number 18-17-010-080-15900, at such time as: i) the "Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-010-080-15900 has ceased; ii) the vehicles and motor vehicles parts on the lands identified as 18- 17-010-080-15900 has been removed from the property; and iii) a Record of Site Condition has been submitted for said lands zoned (H)R2-53. SECTION 13.4.54 URBAN RESIDENTIAL EXCEPTION (R2-54) ZONE Notwithstanding Sections 13.2 a); b); c) i), ii), iii), e) and h) and those lands zoned R2-54 on Schedules to this By-law shall be subject to the following regulations: a) lot Area (minimum) 330 square metres b) lot Frontage (minimum) i) Interior lot ii) Exterior lot 11 metres 14 metres c) Yard Requirements i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard With private garage or carport 1.2 m on one side; 0.6 metres on the other side; Without private garage or 3.0 metres on one side 0.6 metres on the other side d) lot Coverage (maximum) i) Dwelling ii) Total of all Building and Structures 40 percent 45 percent e) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front walls or exterior side wall or covered porch projection. ii) The outside width of the garage shall be a maximum of 40% of the width of the house. f) In addition to the regulations of Section 3.11 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symbol from the lands zone (H)R2-54 on Schedule 1 to this By-law located within 70 metres of the boundary of lands identified by roll number 18-17-010-080-15900, at such time as: i) the "Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-010-080-15900 has ceased; ii) the vehicies and motor vehicles parts on the lands identified as 18- 17-010-080-15900 has been removed from the property; and iii) a Record of Site Condition has been submitted for said lands zoned (H)R2-54 SECTION 13.455 URBAN RESIDENTIAL EXCEPTION (R2-55) ZONE Notwithstanding 13.2 a); c) i), ii), iii), e); g); and h) those lands zoned R2-55 on the Schedules to this By-law shall be used subject to the following regulations: a) Lot Area (minimum) 360 square metres b) Yard Requirements i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard With private garage or carport 1.2 m; Without private garage or 3.0 metres on one side 1.2 metres on the other side c) Lot Coverage (maximum) i) 1 Storey a) Dwelling b) Total of Buildings and Structures 50 percent 55 percent ii) All other residential units a) Dwelling b) Total of all Building or Structures 40 percent 45 percent d) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall. e) Height (maximum) i) 1 Storey dwelling ii) All other residential units 8.5 metres 10.5 metres f) In addition to the regulations of Section 3.11 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symbol from the lands zone (H)R2-55 on Schedule 1 to this By-law located within 70 metres of the boundary of lands identified by roll number 18-17-010-080-15900, at such time as: i) the "Motor Vehicle Wrecking Yard" use of the lands identified as 18- 17-010-080-15900 has ceased; ii) the vehicles and motor vehicles parts on the lands identified as 18- 17-010-080-15900 has been removed from the property; and iii) a Record of Site Condition has been submitted for said lands zoned (H)R2-5. SECTION 13.4.56 URBAN RESIDENTIAL EXCEPTION (R2-56) ZONE Notwithstanding Sections 13.2 a); b); c) i), iii, iii), e); g); and h) those lands zoned R2-56 on the Schedules to this By-law shall be subject to the following regulations: a) Lot Area (minimum) 405 square metres b) Lot Frontage (minimum) i) Interior Lot 13.5 metres ii) Exterior 16.5 metres c) Yard Requirements i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard With private garage or carport 1.2 m; Without private garage or 3.0 metres on one side 1.2 metres on the other side d) Lot Coverage (maximum) i) 1 Storey a) Dwelling b) Total of Buildings and Structures 50 percent 55 percent ii) All other residential units a) Dwelling b) Total of all Buildings and Structures 40 percent 45 percent e) Height (maximum) i) 1 Storey dwelling ii) All other residential units 8.5 metres 10.5 metres f) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front wall or ex1erior side wall. g) In addition to the regulations of Section 3.11 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symbol from the lands zone (H)R2-56 on Schedule 1 to this By-law located within 70 metres of the boundary of lands identified by roll number 18-17-010-080-15900, at such time as: i) the "Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-010-080-15900 has ceased; ii) the vehicles and motor vehicles parts on the lands identified as 18- 17-010-080-15900 has been removed from the property; and iii) a Record of Site Condition has been submitted for said lands zoned (H)R2-56. SECTION 13.4.57 URBAN RESIDENTIAL EXCEPTION (R2-57) ZONE Notwithstanding Sections 13.2 a): b); c) i), ii), iii), e) and h) those lands zoned R2-57 on the Schedules to this By-law shall be subject to the following regulations: a) b) Lot Area (minimum) 275 square metres Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot 1 0 metres 13.0 metres c) Yard Requirements i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard With private garage or carport 1.2 m on one side; 0.6 metres on the other side; Without private garage or 3.0 metres on one side 0.6 metres on the other side d) Lot Coverage (maximum) i) Dwelling ii) Total of all Buildings and Structures 40 percent 45 percent e) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall or covered porch projection. ii) The outside width of the garage shall be a maximum of 40% of the width of the house. f) Driveway width (maximum) 4.6 metre g) In addition to the regulations of Section 3.11 with respect to the removal of the "Hoiding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symbol from the lands zone (H)R2-57 on Schedule 1 to this By-law located within 70 metres of the boundary of lands identified by roll number 18-17-010-080-15900, at such time as: i) the "Motor Vehicle Wrecking Yard" use of the iands identified as 18-17-010-080-15900 has ceased; ii) the vehicles and motor vehicles parts on the lands identified as 18- 17-010-080-15900 has been removed from the property; and iii) a Record of Site Condition has been submitted for said lands zoned (H)R2-57" 3. Section 14.6 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE (R3) ZONE" is hereby amended by adding thereto new Special Exceptions as follows: "SECTiON 14.6.31 URBAN RESIDENTiAL EXCEPTION (R3-31) ZONE Notwithstanding Sections 3.16 i), iv); 14.1; 14.2; 14.3 a), b), c) i), ii), iii) 14.4 a), 14.4 b) 14.4 c) i), ii) iii); 14.4 g), and 14.4 h) those lands zoned R3-31 shall only be used for an apartment building, link townhouse dwellings, stacked townhouse dwellings, or street townhouse dwellings, subject to the following regulations: a} For the purposes of this Section, the term "Dwelling, Stacked Townhouse" Shall mean one of a group of three or more dwelling units which are separated vertically and/or horizontally, provided that each dwelling unit has a separate entranoe and fronts either on an improved public street or on a private street. b) Street Townhouse dwelling yards shall be permitted as follows: i) Lot Area (minimum) 210 square metres ii) Lot Frontage (minimum) a) I nterior Lot b) Exterior Lot 7.0 metres 11.0 metres iii) For the purposes of this zone, the lot line dividing the lot from Concession Road 3 shall be deemed the front lot line; iv) For the purposes of this zone, the lot line dividing the lot from Middle Road shall be deemed the exterior lot line; v) Front Yard a minimum width of 4.0 metres and a maximum width of 6.5 metres; vi) Interior Side Yard 1.2 metre, except (il where a buiiding has a common wall with a building on an adjacent lot located in the R3-31 zone, in which case no interior side yard is required, and (ii) where the lot iine is also the boundary of a different zone, in which case an interior side yard of 1.2 metres wide is required; vii) Exterior Side Yard minimum width of 4.0 metres and a maximum width of 6.5 metres; viii) Rear Yard (minimum) 7.5 metres c) Link townhouse dwellings or stacked townhouse dwellings shall be permitted as follows: i) Density (maximum) 45 units per ha ii) Lot Area (minimum) 1.0 ha iii) For the purposes of this zone, the lot line dividing the lot from Concession Road 3 shall be deemed the front lot line; iv) For the purposes of this zone, the lot line dividing the lot from Middle Road shall be deemed the exterior lot line; v) Front Yard a minimum width of 4.5 metres and a maximum width of 6.5 metres; vi) Interior Side Yard (minimum) 4.5 metres vii) Exterior Side Yard a minimum width of 4.5 metres and a maximum width of 6.5 metres; and viii) Rear Yard (minimum) 7.5 metres ix) Building Height (maximum) a) b) Link townhouse dwellings stacked townhouse dwellings 10.5 metres 12.0 metres x) no parking spaces shall be located in any yard between a dwelling and a lot line dividing the lot from an improved public street. d) The following stacked townhouse dwellings regulations shall be provided: i) Dwelling Unit Area (minimum) 85 square metres ii) Lot Coverage (maximum) 45 percent iii) Landscaped Open Space (minimum) 40 percent iv) Building Height (maximum) 12 metres e) Apartment building shall be permitted as follows: i) Density (maximum) 45 units per ha ii) Lot Area (minimum) 1.0 ha iii) For the purposes of this zone, the lot line dividing the lot from Concession Road 3 shall be deemed the front lot line; iv) For the purposes of this zone, the lot line dividing the lot from Middle Road shall be deemed the exterior lot line; v) Front Yard a minimum width of 4.5 metres and a maximum width of 7.5 metres vi) Exterior Side Yard a minimum width of 4.5 metres and a maximum width of 7.5 metres vii) Interior Side Yard (minimum) 7.5 metres viii) Rear Yard (minimum) 7.5 metres ix) Dwelling Unit Area (minimum) a) Bachelor Dwelling Unit 40 square metres; b) One Bedroom Dwelling Unit 55 square metres; c) Two Bedroom Dwelling Unit 70 square metres; and d) Dwelling Unit Containing Three or more bedrooms 80 square metres plus 7 square metres for each bedroom in excess of three. x) Lot Coverage (maximum) 45 percent xi) Landscaped Open Space (minimum) 40 percent xii) Building Height (maximum) 12 metres xiii) no parking spaces shall be located in any yard between a dwelling and a lot line dividing the lot from an improved public street. f) In addition to the regulations of Section 3.11 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symbol from the lands zone (H)R-31 on Schedule 1to this By- law located within 70 metres of the boundary of lands identified by roll number 18-17-010-080-15900, at such time: i) the "Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-010-080-15900 has ceased; ii) the vehicles and motor vehicles parts on the lands identified as 18- 17-010-080-15900 has been removed from the property; and iii) a record of site condition has been submitted for said lands zoned (H)R3-31. "SECTION 14.6.32 URBAN RESIDENTIAL EXCEPTION (R3-32) ZONE Notwithstanding Sections 14.1; 14.2; 14.3 a), b), c); and 14.4 shall only be used for street townhouse dwellings, subject to the following regulations: a) Lot Area (minimum) 190 square metres b) Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot 7.0 metres 11.0 metres c) Yard Requirements i) F ront Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ifi) Interior Side Yard 1.2 metres; nil where a building has a common wall with any building on an adjacent located in a R3-32 zone d) in addition to the regulations of Section 3.11 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symboi from the lands zone (H)R3-32 on Schedule 1 to this By-law located within 70 metres of the boundary of lands identified by roll number 18-17-010-080-15900, at such time as: i) the "Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-010-080-15900 has ceased; ii) the vehicles and motor vehicles parts on the lands identified as 18- 17-010-080-15900 has been removed from the property; and iii) a Record of Site Condition has been submitted for said lands zoned (H)R3-32. 5. Schedule "1" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" to "Urban Residential (R1) Zone" "Agricultural (A)" to "Holding - Urban Residential Exception ((H)R1-70) Zone" "Agricultural (A)" to "Holding - Urban Residential Exception ((H)R1-72) Zone" "Agricultural (A)" to "Holding - Urban Residential Exception ((H)R2-53) Zone" "Agricultural (A)" to "Holding - Urban Residential Exception ((H)R2-54) Zone" "Agricultural (A)" to "Holding - Urban Residential Exception ((H)R2-55) Zone" "Agricultural (A)" to "Holding - Urban Residential Exception ((H)R2-56) Zone" "Agricultural (A)" to "Holding - Urban Residential Exception ((H)R3-31) Zone" "Agricultural Exception (A-1l" to "Environmental Protection (EPl" "Agricultural Exception (A-1)" to "Urban Residential (R 1) Zone" "Agricultural Exception (A-1)" to "Urban Residential Exception (R1-42) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R1- 70) Zone" "Agricultural Exception (A-1l" to "Holding - Urban Residential Exception ((H)R1- 72) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-53) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-54) Zone" "Agricultural Exception (A-1l" to "Holding - Urban Residential Exception ((H)R2- 55) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-56) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-57) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R3-31) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R3-32) Zone" 6. Schedule "A" attached hereto shall form part of this By-law. 7. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 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"' passed this day to of By-law 2008- 2008 A.D. , LOT' 4- CONceSSION 3 .. 0 T 1.1 COHCESSION JI r-------------,.. , . !I .... lCl C ~ ~ J: a:: :) c :'tl I,',',',',' "II 1,',1,',1,' ,',I 1,1,','.1,'11',1 '1111,1,1,1,,',1 ',1,1,1,1"1"11 :::::::::~:::: 1,1,1,1,',ltll,1 111,','t',',,',! ',I,',',I,I"lt' ','t"'I'.I, I,' ',',','1'.1,,',' 1,1,',',"t'll CONCESSION ROAD 3 ------ 70mBuffer Jim Abernethy, Mayor DARLINGTON Potti L Barrie. Municipal Clerk , o <( o a:: W ..J C Q ::!: Schedule "A" Zoning legend ~/A Zoning Change From "A" To "R1" b::::::::::::::::::::j Zoning Change From"A" To "(H)R1-70" iIII Zoning Change From "An To "(H)R1-72" ~I).J\...0J Zoning Change From "A" To "(H)R2-53 B8888l Zoning Change From "A" To "(H)R2-54" ~ Zoning Change From "A" To "(H)R2-55" ~ Zoning Change From "A" To "(H)R2-56" 1:1:1:1:1: Zoning Change From "A" To "(H)R3-31" ... Zoning To Remain "A-1" r-.:.:~r.\1 Zoning Change From "A-1" To "EP" b1/,d Zoning Change From "A-1" To "R1" ~..a~ Zoning Change From "A-1" To "R1-42" !::::::::::::::::::::::::::I Zoning Change From "A-1" To "(H)R1-70" ~ Zoning Change From "A-1" To "(H)R1-72" lO.J\...~ Zoning Change From "A-1" To "(H)R2-53" ~Zoning Change From "A-1" To "(H)R2-54" ~Zoning Change From "A-1" To "(H)R2-55" ~ Zoning Change From "A-1" To "(H)R2-56" ~ Zoning Change From "A-1" To "(H)R2-57" : 1 :1: I :':' Zoning Change From "A-1" To "(H)R3-31" L + ~ + ~ I Zoning Change From "A-1" To "(H)R3-32" - - - 10m Buffer Attachment 5 To Report PSD-041-0B 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-2007-0004 any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of S-C- 2007-0004 .;,;.0. WHEREAS the General Purpose and Administration Committee on April 14, 2008, authorized the Director of Planning Services to issue draft approval for Draft Plan of Subdivision S-C-2007-0004 located in Part Lot 13, concession 3, former Township of Darlington and authorized the execution of a Subdivision Agreement with the Owner; AND WHEREAS the Owner(s) of Draft Plan of Subdivision S-C-2007-0004 desires to proceed to final plan approval and to enter into a Subdivision Agreement with the Municipality of Clarington; 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 Agreement with the Owners of Plan of Subdivision S-C-2007 -0004 at such time as the Subdivision Agreement has been finalized to the satisfaction of the Director of Engineering Services and the Director of Planning Services. 2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality, the 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