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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
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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
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To Report PSD-043-08
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To Report PSD-043-08
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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