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HomeMy WebLinkAboutPSD-044-08 REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~ e501 ,^,+-iOYl~ (lfJ.-d.4 fa -0 ~ By-law #: Joorg-o 77 JooS-07~ PSD-044-08 File #: 18T-95028 and ZBA2007 -0039 Date: Monday, April 28, 2008 Report #: Subject: APPLICATION FOR PROPOSED AMENDMENT TO DRAFT APPROVAL OF A DRAFT APPROVED PLAN OF SUBDIVISION AND A ZONING BY-LAW AMENDMENT APPLICANT: 708545 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-044-08 be received; 2. THAT the application for proposed amendment draft approval for Draft Plan of Subdivision 18T-95028 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 18T-95028 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-044-08 Submitted by: David J. rome, M.C.I.P., R.P.P. Director of Planning Services SAlCP/DJC/df April 21, 2008 PAGE 2 Reviewed bY:c)~-.-(~ 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-044-08 PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicant: 708545 Ontario Limited 1.2 Owner: 708545 Ontario Limited 1.3 Applications: Amendment to Draft Aooroved Plan of Subdivision: Residential plan of subdivision for a total of 225 dwelling units comprised of 188 single detached dwelling units on 9.0, 10.0, 11.0, and 12.2 metre lots and 37 townhouse units. Zonina Bv-Iaw Amendment: To rezone the subject lands from "Environmental Protection (EP), "Holding - Urban Residential Exception ((H)R3-20)", "Holding - Urban Residential Exception ((H)R1-45)", Holding - Urban Residential Exception ((H)R1-47)" and "Holding - Urban Residential ((H)R2-24)" to appropriate zones to permit the proposed amendment to the draft approved plan of subdivision. 1.4 Site Area: 18.147 ha 1.5 Location: Prestonvale The subject lands are located in the Courtice Urban Area, east of Road and north of the extension of Meadowglade Road (Attachment 1). The property is contained within Part Lots 31, 32 & 33, and part of the road allowance between Lots 32 and 33, Concession 2, in the former Township of Darlington. 2.0 BACKGROUND 2.1 On August 8, 2007 708545 Ontario Limited submitted applications to the Municipality of Clarington for amendment to a Draft Approved Plan of Subdivision and Zoning By-law Amendment for the development of 225 dwellings. 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 as the previously existing barn and farm house have been removed. Historically, the property was used for agriculture. REPORT NO.: PSD-044-0B PAGE 4 3.2 Surrounding Uses: North: South: East: West: existing urban residential rural residential lots and lands designated Future Urban Residential large rural residential properties lands subject to draft plan of subdivision S-C-2007-0009 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 application for draft plan of subdivision on the westerly 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 Reaional Official Plan The Durham Regional Official Plan designates the land "Living Area". Lands designated "Living Areas shall be predominantly used for housing purposes. Development in urban areas shall have regard for: compact urban form; the use of good urban design principles; use a grid street pattern; provide for parks; access to transit; the capacity of existing services; and, the balance between energy efficiency and cost. 5.2 Clarinaton Official Plan The Clarington Official Plan designates the land "Urban Residential" and "Environmental Protection Area". This area is slated for low density development. Low Density REPORT NO.: PSD-044-08 PAGE 5 development allows for development between 10-30 units per net ha, and is predominantly for single detached and semi-detached dwellings. The area designated Environmental Protection Area has been further defined by the Neighbourhood Design Plan (approved in November 1999) and is aligned with the storm water management facility, shown as Block 196. A portion of these lands have been previously transferred to the Municipality of Clarington for storm water purposes at the time of development north of the subject lands. The Clarington Official Plan designates both Prestonvale Road and Glenabbey Drive as collector roads. Prestonvale Road is existing, and this application for draft amendment to Draft Plan of Subdivision includes a new section of Glenabbey Drive. Street 'B' is a local road linking homeowner's to the future Meadowglade Road, a Type 'C' arterial road, east of Prestonvale Road. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 as amended, zones the subject land "Environmental Protection (EP)", "Holding - Urban Residential Exception ((H)R3-20)", "Holding - Urban Residential Exception ((H)R1-45)", Holding - Urban Residential Exception ((H)R1-47)" and "Holding - Urban Residential ((H)R2-24)". The recommendations of this report support a rezoning to implement the proposed amendment to the Draft Plan of Subd ivision. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Environmental Site Assessment Phase 1 The Environmental Site Assessment, Phase 1 by Soil Engineers Ltd. was done in August 2007 and was done simultaneously for this amendment to draft approval and a new draft plan of subdivision on the abutting property subject (concurrent application by same owners). The study indicates that the majority of the site has previously been used 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. 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 of the original application for Draft Plan of Subdivision. This stormwater management plan has been updated and now includes the abutting draft plan. The two plans of REPORT NO.: PSD-044-08 PAGE 6 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 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 15, 16, 58, 59, 135, 136,160,161,187 & 188) will require noise fencing around their rear and exterior side yards and will have 'forced air ducts' to accommodate optional air conditioning. Other lots in close proximity to Meadowglade Road will also be required to be ducted to accommodate optional air conditioning. Waming clauses are contained in the conditions of draft approval and the future 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 three (3) public meeting notice signs were installed on the property along the Prestonvale Road, Glenabbey Drive, and Granville Drive frontages. 8.2 A few inquiries have been received by Staff regarding this application and the concurrent application to the east. 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; and . there is no potential for connection to the southerly abutting property in the Future Urban Residential designation. Further discussion is contained in Section 10. 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 servicing 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. REPORT NO.: PSD-044-08 PAGE 7 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 Clarington Engineering Services has reviewed the applications and find the proposed development acceptable. The On-Street Parking Plan was found to be satisfactory. Their conditions and requirements are contained in the Conditions of Draft Approval. 10.0 STAFF COMMENTS 10.1 The Owner has submitted this amendment to Draft Approval and Zoning By-law Amendment, in conjunction with their concurrent applications for a new Draft Plan of Subdivision and related Zoning By-law Amendment abutting Prestonvale Road to the west. The amendment to draft approval will interconnect the road pattern and servicing, creating more efficient traffic patterns. This subdivision plan will be accessed in three locations, by collector roads at Prestonvale Road and Glenabbey Drive at the north end, the new Type 'c' arterial, Meadowglade Road, and by the extension of a local road, Granville Drive in the eastern portion of the plan. 10.2 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). , 10.3 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, and along Sandringham Drive, providing alternate transportation opportunities. 10.4 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. The application for amendment to the Plan of Subdivision proposes a small addition to the Glenabbey Parkette and a new parkette (yet unnamed) that will be accessed by the existing John Walter Crescent and by future residents of this development. The new parkette will have approximately 75 metres of road frontage, creating views of the parkette for the residences and open access. 10.5 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 by providing an interconnecting street pattern with the proposed draft of subdivision located to the west. The Neighbourhood Design Plan and the previously Draft Approved Plan of REPORT NO.: PSD-044-08 PAGE 8 Subdivision contained a total of 61 on-street townhouse units on 6.0 metre frontages, scattered throughout this plan area. The amended plan contains 37 townhouse units, all of which will have access on an internal private road in the townhouse development on Block 189. Also, a cul-de-sac located in the eastern portion of the subdivision plan has been eliminated and replaced with a block townhouse development (Block 189). 10.6 Block 189, medium density block, will require site plan approval prior to development. The site plan will examine in detail, access to the block, parking, building layout, building design, landscaping, private and common amenity areas, lighting, waste disposal, etc. The applicant has noted 37 townhouse units at this time, but the layout of the private roads and lotting pattern on the block are not part of the approval of the amendment to Draft Approved Plan of Subdivision. 10.7 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 functio'n 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; and . 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 is generally not undertaken. Thus, there are no street layouts, lotting patterns, parks or school locations contemplated. Until such time as a Neighbourhood Des'ign Plan is completed it would be premature to extrapolate a street pattern by stubbing future road connections. It should be noted however that there is potential for road connection as Street 'B' could continue south from Meadowglade Road in the future. REPORT NO.: PSD-044-0B PAGE 9 10.8 The draft plan as submitted includes lands owned by the Municipality of Clarington that were previously conveyed for storm water management purposes. These lands include a portion of Lots 57-66, Lots 85-86, Lot 118 and Blocks 190,191 and 192. The Owner has satisfied the Municipality that these lands may be transferred back to private ownership as they are not required for any current or future storm water management purposes. The Municipality has begun work on the appraisal of the above-specified lands for the Owner's purchase. The acquisition of these lands is contained as a Condition of Draft Approval. 10.9 Since the public meeting held November 5, 2007, the applicant has been working on revisions addressing concerns from agencies. A 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. Final 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 The Municipality of Clarington recently undertook a Financial Impact Study to review the financial impact of development in Clarington. As a result of this study it was determined that for development, meeting all other requirements, where the Owner wishes to proceed prior to the Municipality approving the expenditure of funds for the provision of certain works in a draft plan or external works or services in its capital budget to service development, the Owner is responsible for 100% of all required works. The Municipality will also not leverage the future finances of Clarington to repay the developer the as-built costs at a later time. As such, the construction of Meadowglade Boulevard, a Type 'C' Arterial, is 100% the responsibility of the Owner and is contained as a condition of draft approval, should the Owner proceed in advance of the necessary budget approvals from Council. 10.11 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. 10.12 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. REPORT NO.: PSD-044-08 PAGE 10 10.13 The Owner and applicant have reviewed the Conditions of Draft Approval, and concur with the conditions, requesting a minor revision as follows: i) 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 number of new lots proposed and that phasing of the Draft Plan of Subdivision is proposed. 10.14 Inasmuch as this is an amendment to draft approval, a by-law authorizing staff to enter into a subdivision agreement, a review of the original file indicates an authorizing by-law was not approved. Thus, the By-law is attached to this report (Attachment 5). 10.15 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 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 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 Intracorp Attachment 1 To Report PSD-044-~ C '" -~ "0 ~ a. $ z c. -e w c: <( == 0 >- ::i 8 ";) III ~ 0 :~ al 0 ~z 1: :s (")w c: '" 0 c>== "0 ~ - (.) co.Q c: C?< N ::J 0> 0 ... 0 '" .. ::;~ c>(I) (I) 8 "0 It) :!: 10- - c "It ~5 ~ 0 U5 , '" .... It) c . c: - 0 -' co 0 <c>- I- '" Q 0 ~ 0 ;; COii: Q) N Q) .... .. 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" A ~ ~ ~ . , z ~ ~ d i~ I ---. rrr Attachment 2 eport PSD-044-08 Attachment 3 To Report PSD-044-08 CONDITIONS OF AMENDMENT TO DRAFT APPROVAL Part Lots 32 and 33, Concession 2, former Twp. of Darlington File No.: 18T-95028 PLAN IDENTIFICATION 1. That the Conditions of Draft Approval issued December 23, 1999 for Plan of Subdivision application 18T-95028 be WITHDRAWN and REPLACED with the following. 2. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T-95028 prepared by Sernas Associates identified as project number (project 95005P), as revised December 2007 and further red-lined, which illustrates 188 single detached units, a residential block for 37 townhouse units, 3 partial lots for residential development, a parkette block, a park block, 3 blocks for storm water facilities, three 0.3 metre reserve block, a reserved by owner block, roadways and road widenings. The red-line revisions shall include: i) The west boundary of Block 198, storm water management facility, shall be aligned with Street D, to include the same area, 2.231 ha, more or less; and ii) The revised lot frontages of Lots 8,15,16,18,59,62,134,135,160,161,162 and 163. 3. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 4. 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. 5. 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. 6. The Owner shall agree in the Municipality of Clarington subdivision agreement to implement the recommendations of the report, titled "Noise Impact Study - Springfield's, Phase III", dated July 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. 7. 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 development external to this subdivision. Such sanitary sewer and water supply facilities are to be designated and constructed according to the standards and requirements of the Region of Durham. All arrangements, financial and otherwise for said extensions are to be made to the satisfaction of the Region of Durham, and are to completed prior to final approval of this plan. 8. 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. 9. 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. 10. 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 separate subdivision agreement for each phase of development. 11. 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. 12. 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. 13. 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. 14. 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. 15. The Owner shall be 100% responsible for the cost of the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 16. 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. 17. 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. 18. 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 190 to 192 inclusive, these lands shall be graded and seeded. 19. The Owner agrees to dedicate Blocks 194 and 195 for park purposes. 20. The Owner shall prepare a conceptual park plan including proposed grading to demonstrate that the proposed park size, configuration and topography will allow for the construction of park facilities to the satisfaction of the Director of Engineering Services. 21. The Owner is required to provide the park sites, Blocks 194 and 195, graded in accordance with the park concept plan for the subdivision, and shall include storm water servicing. Further the park sites must be fenced and seeded with a minimum cover of 200 mm of topsoil. Servicing such as hydro, sanitary sewer and water should be stubbed at the property line along the park frontage. 22. The Owner shall convey a 5.75 metre road widening (Block 199), along Prestonvale Road to the Municipality of Clarington for the purpose of widening Prestonvale Road. 23. The Owner agrees to dedicate Block 196 for storm water control and open space purposes, Block 197 for a storm water facility and Block 198, as red-line revised, for a storm water facility. 24. Any land transfers that will be necessary to facilitate the creation of Lots 57-66 inclusive, Lots 85-86, Lot 118 and Blocks 190-192 inclusive, as well as the development of the subdivision, must be completed to the satisfaction of the Municipality of Clarington, prior to the final approval of this plan. 25. The Owner agrees that no direct access shall be permitted to Meadowglade Road from Lots 15,16,58,59,135,136,160,161, and 188. 26. The Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 27. The Owner agrees, that in conjunction with the development of this plan of subdivision, to construct Glenabbey Drive from the west limit of this plan of subdivision westerly to connect with Prestonvale Road. The phasing of the development of this plan of subdivision will incorporate the construction of Glenabbey Drive from the west limit of this plan of subdivision westerly to connect to Prestonvale Road. The phasing of this will be dependant on the vehicular and construction access needs of this development and will be determined at the engineering stage and shall be at the sole discretion of the Director of Engineering Services. 28. Meadowglade Road must be constructed, as a Type 'C' Arterial Road, to Prestonvale Road from the easterly limit of the draft plan. Temporary turning circles may be required depending upon the phasing of the development. The need for any additional temporary turning circles and frozen lots will be determined at the engineering stage solely at the discretion of the Director of Engineering Services. 29. The Owner agrees Development cannot proceed until such time as the Municipality has approved the expenditure of funds for the provision of the certain works for this draft plan or external works or services in its capital budget and which have been included in the Municipality's Development Charges By-law and deemed necessary by the Director of Engineering Services and Director of Finance, to service this development. These include but are not limited to: . The construction of Meadowglade Road, as a Type 'C' Arterial from Prestonvale Road to the easterly limit of this draft plan of subdivision. Should the Owner wish to proceed in advance of the approval by the Council of the Municipality of Clarington, for the expenditures for the any works required by the Director of Engineering Services to facilitate development, the Owner shall pay 100% of the cost of all required works, to the satisfaction of the Director of Engineering Services and Director of Finance. 30. The Owner will be required to provide securities in the amount of 100% of the cost of constructing Meadowglade Road as a Type 'C' Arterial based on the construction cost estimate. The securities must be submitted in a form satisfactory to the Director of Finance and Director of Engineering Services prior to registration of the first phase. The difference, if applicable, between the cost estimate and the as-built cost of Meadowglade Road will be 100% the responsibility of the Owner. 31. The Owner agrees that in conjunction with the development of this plan of subdivision, the Owner is responsible for the removal of the existing temporary turning circle at the existing limit of Glenabbey Drive. The Owner must reconstruct the intersection of Glenabbey Drive and Street "B" to an urban standard, including asphalt paving, curb and gutter, boulevard sodding, sidewalks, street lighting and street trees. 32. The Owner agrees that in conjunction with the development of this plan of subdivision, the Owner is responsible for the removal of the existing roadworks at the existing intersection of Granville Drive and John Walter Crescent. The Owner must reconstruct the intersection of Granville Drive, John Walter Crescent and Wade Square to an urban standard, including asphalt paving, curb and gutter, boulevard sodding, sidewalks, street lighting and street trees. 33. The Owner agrees that the stormwater drainage works and facilities necessary for this development must be constructed in accordance with the Robinson Creek Master Drainage Study prepared by G.M. Sernas Associates and as finally approved by the Director of Engineering Services. 34. The Owner agrees to prepare a Master Grading and Drainage Plan that details the configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this subdivision. Sheet flow onto adjacent property will not be permitted. 35. The Owner agrees to provide a stormwater management implementation report, which provides for the sequential construction of the storm water works necessary for the entire watershed and addresses the impacts of developing this plan of subdivision in the absence of the balance of the watershed. Any necessary land acquisitions or easements must be identified at this stage of the project. This report shall be subject to the approval of the Director of Engineering Services. 36. The Owner agrees to provide appropriate fencing along any property line of a residential lot which is situated adjacent to Blocks 194, 195, 196 and 197 subject to the approval of the Director of Engineering Services. 37. The Owner agrees to provide a walkway to the satisfaction of the Director of Engineering Services between Block 195 and Block 51 on registered Plan of Subdivision 40M-1709. 38. The Owner will be required to establish a geodetic benchmark in the vicinity of Meadowglade Road and Prestonvale Road which will service as vertical control for the proposed development. The Owner will be 100% responsible for the cost of establishing this benchmark. 39. The Owner agrees to dedicate Block 193 free and clear of all encumbrances to the Owner of Lot 41 on Registered Plan of Subdivision 40M-1669. 40. The Owner shall cause all utilities, including, hydro, telephone, cable television, etc. to be buried underground for both primary and secondary services. 41. The Owner shall prepare an Environmental Sustainability Plan for approval by the Director of Planning Services and the Director of Engineering Services.. The Plan shall be consistent with the recommendations of the Environmental Sustainability Plan prepared by the Owner for Plan of Subdivision S-C-2007-0009. This plan must be approved by the Municipality of Clarington, and shall identify specific measures on how development in Plan 18T-95028, 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. 42. The Owner shall prepare a Community Theme and Urban Design Implementation Plan, to the satisfaction of the Director of Planning Services and Director of Engineering Services. This Plan shall confirm and control intended pattern of development in the Emily Stowe Neighbourhood. This plan shall be consistent with the approved plan prepared by the Owner of the Plan of Subdivision S-C-2007-0009. 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. 43. 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. 44. 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. 45. 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. 46. 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. 47. 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. 48. 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. 49. That prior to final approval of the plan, the Owner shall submit and obtain approval from the Central Lake Ontario Conservation Authority, for a report and detailed design drawings which show that no residential lots or roadways are impacted upon by stormwater flows to be conveyed through Block 196. This report and plans shall also show any works to be carried out on the existing stormwater detention pond. 50. The prior to final approval of the plan, the Owner shall submit to and obtain approval from the Central Lake Ontario Conservation Authority of detailed design drawings for the proposed water quality facility in Block 197. The Owner must also obtain land tenure over any lands on which the proposed facility is to be constructed. 51. 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. 52. 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). 53. The Owner shall agree in the Agreement, in words satisfactory to Bell Canada, 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/developer shall be responsible for the relocation of such facilities or easements. 54. The Owner agrees to co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all effected authorities. 55. 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. 56. The Owner shall ensure that all natural gas distribution systems are installed within the proposed road allowances. 57. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage and other local services. 58. 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. 59. 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 48,49, 50 and 51 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. 60. 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 5, 7, 8, 14 and 58 have been satisfied; b) Central Lake Ontario Conservation Authority, how Conditions 48, 49, 50, 51 and 59 b), c), and d) have been satisfied; c) Bell Canada how Conditions 52 and 53 have been satisfied; and d) Enbridge Gas how Conditions 54, 55 and 56 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; and d) Enbridge Gas Distribution Inc. P.O. Box 650, Scarborough, ON M1 K 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 18T-95028 and ZBA2006-0039; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. "Section 13.4.58 URBAN RESIDENTIAL EXCEPTION (R2-58) ZONE Notwithstanding Sections 3.1 i) iii), 13.2 a), b), c) i), ii), iii), e), and h) those lands zoned R2-58 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 300 square metres 10 metres 13 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 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) Driveway width (maximum) 4.6 metres f) 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 13.4.59 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 Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch 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) 360 square metres b) Yard Requirements i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard with private garage or carport 1.2 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. f) Height (maximum) i) 1 Storey dwelling ii) All other residential units 8.5 metres 10.5 metres" Section 12.4.61 URBAN RESIDENTIAL EXCEPTION (R2-61) ZONE Notwithstanding Sections 3.1 i) iii), 13.2a, b i), ii), c) i), ii), iii), and e), the lands zoned R2-61 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 270 square metres 9 metres 12 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 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) Driveway width (maximum) 4.6 metres f) 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." 2. Schedule "4" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" to "Environmental Protection (EP) Zone'; "Holding - Urban Residential Exception ((H)R3-20)" to "Holding - Urban Residential Exception ((H)R2-59) Zone'; "Holding - Urban Residential Exception ((H)R3-20)" to "Holding - Urban Residential Exception ((H)R2-60) Zone"; "Holding - Urban Residential Exception ((H)R3-20)" to "Holding - Urban Residential Exception ((H)R2-61) Zone"; "Holding - Urban Residential Exception ((H)R1-45)" to "Holding - Urban Residential Exception ((H)R2-59) Zone"; "Holding - Urban Residential Exception ((H)R1-45)" to "Holding - Urban Residential Exception ((H)R2-60) Zone"; "Holding - Urban Residential Exception ((H)R1-45)" to "Holding - Urban Residential Exception ((H)R2-61)Zone"; "Holding - Urban Residential Exception ((H)R2-24)" to "Holding - Urban Residential Exception ((H)R2-59) Zone"; "Holding - Urban Residential Exception ((H)R2-24)" to "Holding - Urban Residential Exception ((H)R2-60) Zone"; "Holding - Urban Residential Exception ((H)R2-24)" to "Holding - Urban Residential Exception ((H)R2-61) Zone"; "Urban Residential Exception ((H)R2-24)" to "Holding - Urban Resi dential Exception ((H)R2-60) Zone"; "Urban Residential Exception ((H)R2-24)" to "Holding - Urban Resi dential Exception ((H)R2-61) Zone'; "Holding - Urban Residential Exception ((H)R1-47)" to "Holding - Urban Residential Exception ((H)R2-60) Zone'; "Holding - Urban Residential Exception ((H)R1-47)" to "Holding - Urban Residential Exception ((H)R2-61) Zone"; "Holding - Urban Residential Exception ((H)R1-47)" to "Holding - Urban Residential Type Three (R3) Zone"; "Holding - Urban Residential Exception ((H)R2-24)" to "Holding - Urban Residential Type Three ((H)R3)"; and "Holding - Urban Residential Exception ((H)R3-20)" to "Environmental Protection (EP)". 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 This is Schedule passed this II A" to of By-law 2008- 2008 A.D. , day , . . . ~ <9 ~ ~ CD . ~ . . ~ <9 ~ ~ '" '" I09~CN "ON 'w..SNI 0:: 0:: ~ ~ ~ ~~ ~ ~ ~ ~ u R U . ;:- . . . . ~ . ." 5 ~ ~ ~ ~ ~ >- <; C Q. . ~ . . . ~ 3AlliQ 311/AN'tliD ::> '0 r- .... 0 r- 'c "'t ~ ~ "'t '" >. . , 1&1 , n: .... ~ '" ~ ~ " ::> '" 0:: 0:: U u ~ ~ ~ ;:- ;:- ~ E .; - u "E . l;: ~ c E E E E E E .. CD . 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E 0> 0> & CD 0> 0> CD C c 0:: c c r -- 0:: '" '" '" '" T-)- - .s .r:; .r:; ~ ~ .<:: .<:: U U U u I r - --j Ij -PRESTONVALE 0> 0> 0> 0> 0> 0> 0> C C C C C C c ROAD 'E 'E 'E 'E 'E 'E 'E r---j f-- 0 0 0 0 0 0 0 --1 f-----j I--J N N N N N N N 857 f-----j I--l IlmlOl1 Attachment 5 To Report PSD-044-08 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 18T-95028, any Mortgagee who has an interest in the said Lands, and the. Corporation of the Municipality of Clarington in respect of 18T-95028 WHEREAS, the Owner(s) of Draft Plan of Subdivision 18T-95028 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 Owner(s) of Draft Plan of Subdivision 18T -95028. 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