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HomeMy WebLinkAboutPSD-043-08 CJaIj... .u l.-dl"gl~ REPORT PLANNING SERVICES Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, April 28, 2008 'Resolu.hoyi:/f-GPfJ -S) 95-og PSD-043-08 File #: S-C-2007 -0009 By-law #: J <Jot -075 and ZBA2006-0038 d ooy - 070 APPLICATION FOR PROPOSED DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT APPLICANT: 708545 ONTARIO LIMITED Meeting: Report #: Subject: RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-043-08 be received; 2. THAT the application for proposed Draft Plan of Subdivision S-C-2007-0009 submitted by 708545 Ontario Limited be APPROVED, subject to the conditions as contained in Attachment 3; 3. THAT the Zoning By-law Amendment application submitted by 708545 Ontario Limited be APPROVED, as contained in Attachment 4; 4. THAT the By-law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2007-0009 and the Municipality of Clarington be APPROVED as contained in Attachment 5 and forwarded to Council for APPROVAL; 5. THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of this Report and Council's decision; and 6. THAT all interested parties listed in this report and any delegation be advised of Council's decision. REPORT NO.: PSD-043-08 PAGE 2 Submitted by: David J. orne, M.C.I.P., R.P.P. Director of Planning Services SAlCP/DJC/df April 21, 2008 i~~ j~ Reviewed by: U -~ ~ Franklin Wu, Chief Administrative Officer 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-043-08 PAGE 3 1.0 APPLICATION DETAILS 1.1 ApplicanUOwner: 708545 Ontario Limited 1.2 Agent: Sernas Associates 1.3 Applications: Plan of Subdivision: Residential plan of subdivision for a total of 61 single detached dwelling units, consisting of 13 dwellings on 15.0 metre lots, 45 dwellings on 12.2 metre lots and 3 dwellings on 11.0 metre lots. Zonina Bv-Iaw Amendment: To rezone the subject lands from "Agricultural (A)" to appropriate zones to permit the proposed plan of subdivision. 1.4 Site Area: 3.873 ha 1.5 Location: The property is located within Part Lot 33 and part of the road allowance between Lots 32 and 33, Concession 2, in the former Township of Darlington, in the Courtice Urban Area (Attachment 1). 2.0 BACKGROUND 2.1 On August 8, 2007, 708545 Ontario Limited submitted applications to the Municipality of Clarington for the development of 64 dwellings. The applications were circulated to a number of agencies and departments for comments. In response to comments received, in December 2007, a revised plan for a total of 61 lots was submitted. 2.2 An Environmental Site Assessment, Functional Servicing Report, Noise Impact Study and a Parking Plan accompanied the applications. These are summarized in Section 7.0 of this report. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is currently vacant. At the time of submission there was a single detached dwelling with an attached garage and two accessory buildings. These were removed to accommodate the fill brought in for grading purposes and discussed in section 10.8. The property has frontage on Prestonvale Road. 3.2 Surrounding Uses: North: South: Urban residential - Draft approved plan of subdivision Rural residential lots and lands designated Future Urban Residential REPORT NO.: PSD-043-08 PAGE 4 East: vacant, previously used for agriculture, subject to application for residential development West: Meadowglade Blvd, Dr. G.J. MacGillvary Public Elementary School, Registered Plan of Subdivision 40M-2148 - under construction. 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement The Provincial Policy Statement (PPS) states that all new development should occur adjacent to the existing built-up area, and have a compact form. There should be efficient use of infrastructure including water and sanitary services and existing road networks. Development should be phased to ensure the orderly progression of development within a designated growth area. This application is within a planned neighbourhood, the Emily Stowe Neighbourhood. Servicing is available for this development and there is an existing road network of collector and arterial roads with capacity to accommodate traffic from the proposed subdivision. The application conforms with the Provincial Policy Statement. 4.2 Provincial Growth Plan This application is considered Greenfield development in the Growth Plan. Greenfield developments are to be planned, designated, zoned and designed to create street patterns, densities and urban form that promote walking, use of transit, a mix of residential land uses, and high quality public open spaces. This application is located within the Courtice Urban Area boundary, is designated Urban Residential and is located with an approved Neighbourhood Design Plan. This application, in conjunction with the concurrent amendment to draft approval application on the easterly abutting property provides pedestrian walkways for ease of walking to existing transit stops, parks and open space blocks connected by a trail, and a variety of housing forms, from townhouses to large lot single detached dwellings. The application conforms to the Provincial Growth Plan. 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Reqional Official Plan The Durham Regional Official Plan designates the land "Living Areas". Lands designated "Living Areas" shall be predominantly used for housing purposes. Development in urban areas shall have regard for: compact urban form; the use of good urban design principles; use a grid street pattern; provide for parks; access to transit; the capacity of existing services; and, the balance between energy efficiency and cost. 5.2 Clarinqton Official Plan The Clarington Official Plan designates the land "Urban Residential" and "Environmental Protection Area" and is slated for low density development. Low Density development is for 10-30 units per net ha, and is predominantly for single detached and semi- REPORT NO.: PSD-043-0S PAGE 5 detached dwellings. Low density areas are generally internal to neighbourhoods and are not abutting arterial roads. The Clarington Official Plan designates both Prestonvale Road and Glenabbey Drive as collector roads. Prestonvale Road is existing, and this application for draft plan of subdivision includes a new section of Glenabbey Drive. Private accesses are to be minimized. Street 'B' is a local road linking homeowner's to the future Meadowglade Road, east of Prestonvale Road. The Neighbourhood Design Plan (NDP) further defines the land uses and did not maintain the watercourse and its associated Environmental Protection area north of Meadowglade Road. The proposed Draft Plan of Subdivision is consistent with the NDP and an Official Plan Amendment is not required for the removal of this Environmental Protection Area. The Neighbourhood Design Plan identified the potential for 59 dwelling units on these lands. The current application is for 61 dwelling units and is considered to be in keeping with the intent of the Neighbourhood Design Plan. Map B2, Transportation for the Courtice Urban Area identifies Glenabbey Drive and Prestonvale Road as Collector Roads. Meadowglade Road is identified as a Type C Arterial road. The application has been submitted reflecting these road designations indicating the appropriate road widths 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 as amended, zones the subject land "Agricultural (A)". The applicant has applied to rezone the property to permit the proposed subdivision development. The recommendations of the report support a rezoning to implement the proposed draft plan of subdivision. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Environmental Site Assessment Phase 1 The Environmental Site Assessment, Phase 1 by Soil Engineers Ltd. was completed in August 2007 and was done simultaneously for this draft plan of subdivision and the abutting property subject to amendment to draft approval of 18T-95028 (concurrent application by same owners). The study indicates that the majority of the site has previously been used mainly for agricultural purposes and rural residential. The study reviewed historical records, observations of adjacent properties, geotechnical investigation findings and a building audit. The geotechnical investigation consisted of 15 boreholes to a depth ranging from 4.7 m to 9.6 metres. No obvious signs of soil contamination were found from the test soil. REPORT NO.: PSD-043-08 PAGE 6 Given the age of the existing dwelling at 2153 Prestonvale Road, there was potential for designated substances within the building such as lead based paints, asbestos, etc. These were approved for use until the late 1970's and early 1980's and may have been used within the dwelling. There was no evidence to suggest these types of material were used but it is recommended by the applicant's consultant that a 'Designated Substance Survey' be conducted prior to demolition of the dwelling. A condition of draft approval requires the submission of the "Designated Substance Survey". It is also recommended that any domestic wells and sewage disposal systems that are found during construction be properly decommissioned. A condition of draft approval requires documentation that this work was property done. 7.2 Functional Servicinq Report A Storm Water Servicing Scheme was submitted in 1995 with the submission with the abutting draft approved plan of subdivision, 18T-95028. This plan has been updated and now includes the subject draft plan. The two plans of subdivision are coordinated to share storm water management ponds, storm water pipes and overland flow routes. The Report was reviewed in detail by Engineering Services Department and with additional information later provided was found to be satisfactory. 7.3 Noise Impact Study A Noise Impact Study was completed by Sernas Associates in July 2007. The results of this study indicate that the lots abutting Meadowglade Road (Lots 1, 31 and 32) will require noise fencing around their rear yards and Lots 31 and 32 will require mandatory air conditioning. Lots abutting Prestonvale Road will be required to have forced air heating system with ducts to accommodate optional air conditioning. These requirements are typical of a noise study. Warning clauses are contained in the conditions of draft approval and the subdivision agreement that alert homeowners to the potential for noise volumes generated by traffic along Prestonvale Road and Meadowglade Road. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site. Also one (1) public meeting notice sign was installed on the property along the Prestonvale Road. 8.2 A few inquiries have been received by Staff regarding this application. Their comments include: . don't want Glenabbey to connect to Prestonvale and become a through street . don't want any development at all . what will happen to the existing valley just east of Prestonvale Road . there is no potential for connection to the southerly abutting property in the Future Urban Residential designation. Further discussion on these comments is contained in Section 10. REPORT NO.: PSD-043-08 PAGE 7 9.0 AGENCY COMMENTS 9.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. 9.2 Clarington Emergency Services, Hydro One Networks Inc., and Rogers Cable have no objections to this proposal. 9.3 Durham Region Planning Department finds the application to be in conformity with the Regional Official Plan. They have advised that there are no servicin'g issues associated with the proposed development and provided conditions of draft approval that will need to be complied with prior to clearance by the Region for registration of this plan. 9.4 The Kawartha Pine Ridge District School Board requests that adequate provision be made for sidewalks in this development. The Board has no other comments or concerns at this time. 9.5 Enbridge and Bell offered no objections to the proposal. Each agency provided standard conditions to be included in the Conditions of Draft approval. 9.6 Central Lake Ontario Conservation has no objection to the application and has provided conditions of draft approval for the proposed plan of subdivision. 9.7 Clarington Engineering Services has reviewed the application and generally finds the proposed development acceptable. Their conditions and requirements are contained in the Conditions of Draft Approval. The On-Street Parking Plan was found to be satisfactory . 10.0 STAFF COMMENTS 10.1 The proposed subdivision is located in the Emily Stowe Neighbourhood, which has an approved Neighbourhood Design Plan dated November 1999. The application as submitted improves upon the street layout originally contemplated in 1999. Due to a change in property ownership and timing of development, a cul-de-sac has been replaced with a connecting local road which improves traffic movement. A second cul- de-sac was deleted by providing a medium density block with internal private roads, rather than street town homes on a cul-de-sac. 10.2 The applications proposed a new development which will complete development in this area of Courtice to the southern boundary of the Urban Residential designation. The owner has concurrently submitted an amendment to draft approval of their easterly abutting parcel. The two (2) applications interconnect the road pattern and servicing to create more efficient traffic patterns and servicing. 10.3 There are existing regional services in the area for both municipal water and municipal sanitary service. Also, Durham Transit currently operates a bus route along Prestonvale Road between Southfield Drive and Claret Road, providing alternate REPORT NO.: PSD-043-08 PAGE 8 transportation opportunities. Currently there is a neighbourhood park (Stuart Park) and a parkette (Glenabbey Parkette) for use of the future residents of this proposed plan of subdivision. There is also a park (0.738 ha) proposed in the easterly abutting draft approved plan of subdivision. 10.4 Prestonvale Road is anticipated to accommodate greater than typical volumes for a collector road. Council has made a number of decisions over the years in an effort to retain the collector road designation, which has led to permitting limited direct access to the road from residential lots. In response to staff comments the applicants revised the subdivision application to indicate lots with 15 metres of frontage, instead of the original 12.2 metres, to reduce the number of access points to Prestonvale Road. Staff are satisfied with this revision. 10.5 The northerly lands abutting the subject property are within a recently draft approved plan of subdivision (S-C-2007-0003, Prestonvale Land Corporation). The design of this subdivision has been coordinated with this application and the easterly abutting property to ensure there are pedestrian linkages for connection and the three subdivisions are engineered to convey storm water flows to shared stormwater management facilities. 10.6 Resident's Issues A few residents' have called and written the Municipality and an abutting property owner spoke at the Public Meeting held in November 2007. The issues are summarized and discussed as follows: . Don't want Glenabbey Drive to connect to Prestonvale and become a through street - Glenabbey Drive is a designated Collector Road, and as such as been developed with a minimum road width of 23.0 metres on the existing section abutting to the east. The function of a collector road is to gather traffic from local roads and guide them to arterial roads designed to carry higher volumes of traffic and higher speeds. The development of this south western portion of Courtice was designed to function with Glenabbey Drive as a collector road within the overall road network; . Don't want any development at all - This subdivision is located within the Urban Area boundary for Courtice since the approval of the Durham Regional Official Planning 1993 and the Clarington Official Plan in 1996. This development application will complete Glenabbey Drive by connecting the existing east and west segments. This will allow for the orderly completion of lands located between the draft approved subdivisions to the north and east and existing residential development to the west; . What will happen to the existing valley just east of Prestonvale Road - The existing valley located east of Prestonvale Road received approval from Central Lake Ontario Conservation to be filled prior to submission of this application; . There is no potential for connection to the southerly abutting property in the Future Urban Residential designation - Lands located to the south of this application are designated Future Urban Residential. Until such time as these lands are approved for development, a Neighbourhood Design Plan will not be completed. REPORT NO.: PSD-043-08 PAGE 9 Thus, there are no street layouts, lotting patterns, parks or school locations contemplated. Until such time as a Neighbourhood Design Plan is completed it would be premature to extrapolate a street pattern by stubbing future road connections. 10.7 At the time the application was submitted there was an existing dwelling and accessory barn and shed were constructed in about 1890. A review of Clarington's inventory shows that none of the buildings are designated, nor have historical merit. The buildings were rundown and are not considered of historical value. They have been demolished and the filling of the existing valley has been with both ClOCA and Council approval. 10.8 Development of these lands and the lands subject to the adjacent amendment to draft approved Plan of Subdivision (18T-95028) requires the filling of the existing valley east of Prestonvale Road and north of the future Meadowglade Road. Approval for this work has been authorized by both ClOCA and the Municipality, through an Engineering Services report to Council, considered in July 2007 (EGD-047-07). An amendment for additional fill was approved by Council in March 2008 (EGD-017-08). 10.9 Since the public meeting held November 5, 2007, the applicant has been working on revisions addressing concerns from agencies. A significant concern of Clarington Engineering Services Department were the two storm water management facilities contained in the abutting draft plan of subdivision that service this draft plan of subdivision. Staff required information to ensure there was sufficient area being provided for the storm water management ponds to provide gentle slopes (5:1) that do not require fencing. Revised plans and the additional information were received March 20, 2007. Once this information was received, Staff were able to complete their review and prepare this report and conditions of draft approval. 10.10 For this development Staff is recommending site specific zoning to implement development standards with respect to lot coverage and garage projections. Concerns have been raised previously that with narrow lot development, builders develop at or close to the maximum lot coverage, thus requiring homeowners to obtain a minor variance for the construction of a deck or shed. The zoning recommended suggests a 5% difference between lot coverage for the dwelling and total lot coverage for all buildings and structures, thus leaving 5% lot coverage for homeowners to use for decks or sheds. 10.11 The applicant has applied for a zoning by-law amendment in support of this application and a proposed zoning by-law amendment is contained in Attachment 4. A holding symbol shall be placed on the property until such time as the subdivision agreement has been registered. Each proposed phase of development will require execution of a Subdivision Agreement with the Municipality. 10.12 The Owner and applicant have reviewed the Conditions of Draft Approval, and concur with the conditions, requesting two minor revisions as follows: REPORT NO.: PSD-043-08 PAGE 10 i) The Lots and Blocks in Condition 16 be updated to reflect the most recent version of the proposed draft plan. Staff has completed this. ii) That Note 1, the timeframe for the lapse of draft approval be changed from three years to five years. Staff concur with this request in light of the timing of this subdivision, which requires certain works in the abutting subdivision 18T-95028, to be completed prior to beginning this Draft of Plan of Subdivision. 10.13 Clarington Finance advises that for the subject lands all taxes have been paid satisfactorily. 11.0 CONCLUSION 11.1 The applications have been reviewed in consideration of the comments received from circulated agencies, area residents, the Regional and Clarington Official Plan and Zoning By-law. The Owner has concurred with the Amended 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 contained in Attachment 2 be APPROVED subject to all the Amended Conditions of Draft Approval and that the rezoning as contained in Attachment 4 be APPROVED. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Draft Plan Attachment 3 - Conditions of Draft Approval Attachment 4 - Zoning By-law Amendment Attachment 5 - By-law Authorizing Subdivision Agreement Interested parties to be notified of Council and Committee's decision: 708545 Ontario Limited Sernas Associates Hugh Neill Chris Janusitis Diane Decoe Holly Moore Glenn Murphy, Intracorp ~. i lfJo/II /111 1:: pCl! IIII 1: Jl 1111\;) ~ I "'-.. "" \ c: o Vi 0)> 0-- 0"0 0.0 . ~ ,...cn 0_ 00 N c: O.!!! rn'" =: III .. C Attachment 1 To Report PSD-043-08 I- Z w :E c CIOZ t")w 0:E 9< ~s: ~:S . c:(>- roal NO z z o N c .~ a. a. <{ >- CD "0 (I) C ~ o '" S co "0 (ij C\l C o '" ~ ~ ~ "E ~ ~ :J <0 - (/) ~ 0 D~~ Q. .. ::l! c o ~ '( II ...l r: III ~ t:;~L ill II .. ::'-A l. go '^ ~~N_ - --- .-----..--... - -- linn ~ ~W-~---- i\~=ny~ = :. -It~k : [J~ ~'t;(h~~"h-1} q ",. '-.:_,,- 1 #/g~Ll~r-.~. ~~ f~j;F~ ~~~ : :I__~~~~~ I ---~'~'\.~~~~ ~ I ~~'S0 ~,\\'\. 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'llciL I: I L---J ~~~---~ 3 CI d ~ ~~~ I: I I I :<::Cl::1 ~ ---(--"- - - I L___-j ~ar--- I . ----J -r - J ,L____~ ~ r---~ :;;1-r--- ..... ~ F'ZJ-:"-:"- ---I I L---_-l r---JL I "'Z 1 -< ---} -J I I" ~a I , I "1 \ 06 : ;----1 (:f0 S37D'r/3 N37d ~Cl:: ! ,---~ ~ '; UJ L___J L___. ~ I I I 1-___ 1-----; 1---- I I L___ I I I I.V I I I K \ OJ I ! ij Attachment 3 To Report PSD-043-08 CONDITIONS OF DRAFT APPROVAL Part Lot 33, Concession 2, former Township of Darlington File No.: S-C-2007-0009 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-G-2007-0009 prepared by Sernas Associates, identified as project number (project 95005), dated August 2007 and last revised December 2007, and further red-lined, which illustrates 64 lots for single detached dwellings, 3 partial lots for residential development, 2 blocks for servicing/ walkway, a 0.3 metre reserve block, and roadways. The red-line revisions shall include: i) The revised loltrontages of Lots 15,16,17,18,29,30 and 31. 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 grant to the Region of Durham, any easements required for provision of Regional services for this development and these easements shall be in locations and of such widths as determined by the Region of Durham. 5. The Owner shall agree in the Municipality of Glarington subdivision agreement to implement the recommendations of the report, titled "Noise Impact Study - Nozdryn Development", dated August 2007, by Sernas Associates, which specifies noise attenuation measures for development. The measures shall be included in the subdivision agreement and must contain a full and complete reference to the noise report (ie. Author, title, date, and any revisions/addenda) and shall include warning clauses identified in the study. 6. 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 of Durham concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 7. 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. 8. The Owner shall submit plans showing the proposed phasing to the Region and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration. The Municipality shall require the preparation of a subdivision agreement for each phase of development. 9. The Owner shall obtain municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 10. 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. 11. The Owner shall submit a detailed tree preservation plan to the satisfaction of the Municipality of Clarington. No trees shall be removed and no site grading commenced until such time as this program has been approved except as authorized by the Municipality. 12. 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. 13. The Owner shall be 100% responsible for the cost of a "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 14. The Owner agrees that no residential units shall be offered for sale to the public on said plan until such time exterior architectural design of each building has been approved by the Director of Planning Services. 15. The Owner agrees that no building permit shall be issued for the construction of any building on any residential lot or block on said plan, until the exterior architectural design of each building and the location of the building on the lot has been approved by the Municipality of Clarington. 16. Dwellings located on Lots 14, 15, 51 and 52, abutting Block 65, and Lots 55 and 56 abutting Block 66, shall have upgraded and enhanced side elevations to the Director of Planning Services satisfaction, facing Blocks 65 and 66 and Lots 14, 15, 51, 52, 55 and 56 shall have decorative fencing along the lot line adjacent to Block 65 and 66 to the satisfaction of the Director's of Planning Services and Engineering Services and illustrated on the Landscape Plan. 17. 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. Further, the Owner agrees that until such time as the necessary lands are acquired to complete Blocks 62 to 64 inclusive, these lands shall be graded and seeded. 18. The Owner shall submit a house siting plan for Lot 31, prior to final approval, indicating that a dwelling and driveway can be accommodated on the lot in accordance with all Municipal policies and by-laws. 19. The Owner agrees that no direct access shall be permitted to Meadowglade Road from Lots 1, 31, and 32. 20. The Owner shall submit a "Designated Substance Survey" to the Municipality of Clarington for the demolished buildings and structures at 2153 Prestonvale Road. 21. The Owner shall remove all existing buildings and structures that do not comply with the zoning by-law requirements prior to commencement of construction of the plan of subdivision. 22. Actual development of this subdivision cannot occur until such time as the construction of roads, stormwater management works, major overland flow routes and all other related works and services have been completed in the adjacent Springfields III subdivision (18T-95028). Servicing for both developments may also be permitted simultaneously. The actual timing for construction for this development will be determined solely at the discretion of the Director of Engineering Services. 23. All utilities such as hydro, telephone, cable television, etc. within the streets of this development shall be installed underground for both primary and secondary services. 24. Prior to the issuance of building permits adjacent to existing temporary turning circles, the Owner must provide for the removal of these existing temporary turning circles situated adjacent to the subdivision. 25. The Owner will be required to establish a geodetic benchmark in the vicinity of Prestonvale Road and Glenabbey Drive which will service as vertical control for the proposed development. The Owner will be 100% responsible for the cost of establishing this benchmark. 26. The Owner shall convey Blocks 65 and 66, with a minimum width of 6.0 metres to the Municipality of Clarington for a public walkway and storm water management purposes. The suitability of these Blocks and the hydrologic and hydraulic details are subject to the approval of the Director of Engineering Services prior to registration of this draft plan. 27. The Owner shall convey land to the Municipality of Clarington for park or other public recreational purposes in accordance with the provisions of the Planning Act. Alternatively, the municipality may accept cash-in-lieu of such conveyance. 28. The Owner must provide documentation demonstrating proof of ownership of the unopened road allowance located between Lots 32 and 33, Concession 2, within the limits of this draft plan of subdivision, to the satisfaction of the Municipal Solicitor, prior to final approval. Alternatively, the Owner shall be required to make application to close and convey, at 100% cost to the Owner, including, but not limited to appraisal fees, legal fees, survey costs, advertising and land costs, etc., the road allowance between Lots 32 and 33, Concession 2, within the limits of this draft plan of subdivision, prior to final approval. 29. The Owner agrees to provide appropriate fencing along the rear of Lots 1-12, which are situated adjacent to Block 197 of 18T -95028, subject to the approval of the Director of Engineering Services. 30. The Owner shall prepare an Environmental Sustainability Plan, prior to final approval, 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 18T-95028. This plan must be approved by the Municipality of Clarington, and shall identify specific measures on how development in Plan S-C-2007-0009, 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. 31. The Owner shall prepare a Community Theme and Urban Design Implementation Plan, prior to final approval, 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 Emily Stowe Neighbourhood. This plan shall be consistent with the approved plan prepared by the Owner of the Plan of Subdivision 18T-95028. 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. 32. Prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 33. The Owner agrees that where the well or private water supply of any person is interfered with as a result of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 34. The Owner shall provide the Municipality, unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 35. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge by-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. 36. The Owner shall supply on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved and the 40M-Plan. 37. Prior to anyon-site grading or construction or final approval of the plan, the Owner shall submit and obtain approval from the area municipality and Central Lake Ontario Conservation Authority for reports describing the following: a) the intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. The stormwater management facilities must be designed and implemented in accordance with the recommendations of the Robinson Creek Master Drainage Plan and approved addendums; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; and c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act. 38. The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. 39. 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 (Le., 911 Emergency Services). 40. The Owner shall agree in the Agreement, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada Facilities or easements, the Owner shall be responsible for the relocation of such facilities or easements. 41. The Owner agrees to co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all effected authorities. 42. 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. 43. The Owner shall ensure that all natural gas distribution systems are installed within the proposed road allowances. 44. 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. 45. 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, other local services and all internal and external works and services related to this proposal. 46. 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. 47. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997. b) The Owner agrees to carry out the works referred to in Conditions 37 and 38 to the satisfaction of the Central Lake Ontario Conservation Authority. c) 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. d) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation of anyon-site works. e) The Owner agrees to register on the title of all lots a notice to indicate that both the present Owner(s) and future Owner(s) are fully aware of the existence of farming operations nearby and will not object, complain or seek legal action against such nuisances as noise and odour resulting from normal farming practices. 48. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) Durham Region Planning Department, how Conditions 4, 6, 12, 44 and 46 have been satisfied; b) Central Lake Ontario Conservation Authority, how Conditions 37, 38, 47b), c), and d) have been satisfied; c) Bell Canada how Conditions 39 and 40 has been satisfied; and d) Enbridge Gas Distribution Inc. how Conditions 41, 42, and 43 have been satisfied. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within five (5) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Durham Region Planning Department, 605 Rossland Road East, PO Box 623, Whitby, ON L 1 N 6A3 (905) 668-7721 b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, L1H 3T3 (905) 579-0411. c) Bell, Development & Municipal Services Control Centre, Floor 5, 100 Borough Drive, Scarborough, ON M1P 4W2 d) Enbridge Gas Distribution Inc., P.O. Box 650, Scarborough, ON M1K 5E3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement S-C-2007-0009 and ZBA2006-0038; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule 13.4, "Special Exception -Urban Residential Type Two (R2) Zone" is hereby amended by adding new Special Exceptions as follows: "Section 13.4.59 URBAN RESIDENTIAL EXCEPTION (R2-59) ZONE Notwithstanding Sections 3.1 i) iii),13.2 a), b), c) i), ii), iii), e), and h) those lands zoned R2-59 on the Schedules to this By-law shall be subject to the following regulations: a) Lot Area (minimum) b) Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot c) Yard Requirements i) Front Yard 330 square metres 11 metres 14 metres 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 metres on one side, 0.6 metres on the other side; without private garage or carport, 3.0 metres on one side, 0.6 metres on the other side d) Lot Coverage (maximum) i) Dwelling 40 percent ii) Total of all buildings and structures 45 percent e) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings first floor 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. Section 13.4.60 URBAN RESIDENTIAL EXCEPTION (R2-60) ZONE Notwithstanding Sections 3.1 i) iii), 13.2 a), c) i), ii), iii), e), g), and h) those lands zoned R2-60 on the Schedules to this By-law shall be subject to the following regulations: a) Lot Area (minimum) b) Yard Requirements i) Front Yard 360 square metres 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch Interior Side Yard 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 first floor front wall or exterior side wall or covered porch projection f) Height (maximum) i) 1 Storey dwelling 8.5 metres ii) All other residential units 10.5 metres" 2. Schedule "4" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" to "Holding -Urban Residential Exception ((H) R1- 70) Zone"; "Agricultural (A) to "Holding -Urban Residential Exception ((H) R2- 59) Zone"; and "Agricultural (A) to "Holding -Urban Residential Exception ((H)R2- 60) Zone' as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of the By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 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 with private garage or carport 1.2 metres on one side, 0.6 metres on the other side; without private garage or carport, 3.0 metres on one side, 0.6 metres on the other side Attachment 5 To Report PSD-043-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2008- being a By-law to authorize entering into an Agreement with the Owners of Draft Plan of Subdivision S-C-2007 -0009, any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clanngton in respect of S-C-2007 -0009 WHEREAS, the Owner(s) of Draft Plan of Subdivision S-C-2007-0009 is now ready to proceed to finalize the Subdivision Agreement; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation's seal, an agreement between the Owners of Draft Plan of Subdivision S-C-2007-0009. 2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality of Clarington, the said conveyances of lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this day of 2008 BY-LAW read a second time this day of 2008 BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2008- , passed this day of . 2008 A.D. ~ 13 (5 ;:j ~ (5 _ Zoning Change From "A" To "(H)R2-58" ~ Zoning Change From "A" To "(H)R2-60" ~ Zoning Change From "A" To "(H)R2-70" J Jim Abernethy, Mayor Patti L. 80rrie, Municipal Clerk """"...... """""'- Courtlce