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Home My WebLink AboutPSD-048-08 Cl!J!illglOn REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE . -* ,-= ~ Monday, May 12, 2008 'KE'SCluflOII\ €;Pf) -.:>/4--() PSD-048-08 File #: ZBA 2007-0016 and By-law #:~OO<l-C>1;<' S-C-2007-0005 P-.D() '1)- c.J13 ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 364 RESIDENTIAL UNITS APPLICANTS: KIRK KEMP, DOUGLAS KEMP, HELEN KEMP, ROBERT CARRUTHERS AND PATSY CARRUTHERS (NORTHGLEN EAST) Report #: Subject: RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-048-08 be received; 2. THAT the application for Draft Plan of Subdivision S-C-2007-0005 submitted by Kirk Kemp, Douglas Kemp, Helen Kemp, Robert Carruthers and Patsy Carruthers be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval subject to the conditions contained in Attachment 3; 3. THAT the application for Zoning By-law Amendment ZBA 2007-0016 submitted by Kirk Kemp, Douglas Kemp, Helen Kemp, Robert Carruthers and Patsy Carruthers be APPROVED as contained on Attachment 4; 4. THAT the Mayor and Clerk be authorized by By-law to execute a Subdivision Agreements for each phase of development between the Owner and the Municipality of Clarington, at such time, as the agreement has been finalized to the satisfaction of the Director of Engineering Services, Director of Planning Services and Director of Finance; 5. THAT the Durham Region Planning Department and Municipal Property Assessment Corporation be forwarded a copy of this report and Council's decision; and 6. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: . rome, M.C.I.P., R.P.P. of Planning Services n InWu, Chief Administrative Officer CS/CPIDJC/df 5 May 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L lC 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-048-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner/Applicants: Kirk Kemp, Douglas Kemp, Helen Kemp, Robert Carruthers and Patsy Carruthers 1.2 Agent: Tunney Planning Inc. 1.3 Proposed Plan of Subdivision: 364 unit residential Plan of Subdivision consisting of: . 290 single detached dwellings on 10.0, 11.0, 12.0, 13.5, 15.0 and 18.0 metre lot frontages; . 19 street townhouse units; . 55 block townhouse units; . 1 separate elementary school block; . 1 park block; . 1 parkette; and . open space blocks. 1.4 Proposed Rezoning: To change the current zoning on these properties from "Agricultural Exception (A-1) Zone" to an appropriate zone to permit the proposed development. 1.5 Area 32.532 ha 2.0 LOCATION 2.1 The subject lands are located on the north side of Concession Road 3, east of Middle Road and west of Liberty Street, being in Part Lot 12, Concession 3 in the former Township of Darlington (Attachment 1). 3.0 BACKGROUND 3.1 On March 2, 2007, Staff received an application for proposed draft plan of subdivision and rezoning submitted by Kirk Kemp, Douglas Kemp, Helen Kemp, Robert Carruthers and Patsy Carruthers. The applications originally proposed a total of 386 residential units consisting of single detached and townhouse units. A Public Meeting for these applications was held in May 22, 2007. The applications were referred back for further processing, completion of a Neighbourhood Design Plan and a Financial Impact Study. 3.2 The Northglen Landowners Group (Baysong Developments Inc., 2084165 Ontario Limited, Kemp and Carruthers) had also submitted an application to amend the Clarington Official Plan, encompassing the entire Northglen Neighbourhood. Official Plan Amendment No. 59 was approved by Council on December 10, 2007. REPORT NO.: PSD-048-08 PAGE 3 3.3 A revised draft plan was submitted in February 2008, reducing the number of units from 386 to 364 units. 3.4 Report PSD-037-08 was forwarded to the March 31, 2008 General Purpose and Administration Committee. At the request of the applicants, the report was referred back to Staff to allow for further discussion with Staff to address outstanding concerns. Since that time, Staff have met with the applicants and their consultants to resolve the issues namely, melding of medium density blocks, farm access easements and dedication of valleylands. All of these issues have since been resolved in a manner satisfactory to both parties. 3.5 A separate application for draft plan of subdivision and rezoning submitted for the lands to the west of Middle Road, north of Concession Road 3, within the Northglen Neighbourhood were also considered and approved at the April 14, 2008 General Purpose and Administration Committee meeting through Staff Report PSD-041-08. 4.0 LAND CHARACTERISTICS AND SURROUNDING USES 4.1 The majority of the west property is used for agricultural purposes, specifically apple orchards owned by Kemp. The lands are relatively flat, gently sloping to the south. There is a woodlot and tributaries of Soper Creek on the northern portion of the property located within the Open Space blocks. There is also a wooded area with small creeks and a floodplain on the northern portion of the property. The majority of the east property consists of flat, ploughed agricultural fields that are currently cultivated in soybeans. Some of the lands are outside the proposed draft plan. 4.2 The surrounding uses are as follows: North - South - East - West - Bowmanville Golf Course Concession Road 3 and beyond, urban residential Estate residential, church and residential on Concession 3 Middle Road and beyond, vacant agricultural land (subject to a Draft Plan of Subdivision) 5.0 PROVINCIAL POLICY 5.1 Provincial Policv Statement The Draft Plan of Subdivision and the corresponding rezoning application were reviewed in the context of the 2005 Provincial Policy Statement. 5.1.1 The Provincial Policy Statement encourages planning authorities to create healthy livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. REPORT NO.: PSD-048-08 PAGE 4 5.1.2 Policy related to Settlement Areas, states that new development shall occur adjacent to built up areas and shall have compact form, a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. 5.1.3 The Housing Policies state that Planning authorities are required to provide for a range of housing types and densities with a ten year supply of lands which are designated, and a three year supply of zoned and serviced land within draft approved and registered plans. New housing is to be directed to locations where infrastructure and public services are or will be available. A full range of housing types and densities shall be provided to meet projected requirements of current and future residents of the regional market area. 5.1.4 The Public Spaces, Parks and Open Space policies, state that healthy active communities should be promoted by planning public streets and spaces that are safe and facilitate pedestrian and non-motorized movement. A full range of publicly accessible built and natural settings for recreation including facilities, parks, open space and trails should also be considered. 5.1.5 The Infrastructure and Public Service Facilities policies, state that infrastructure and public service facilities shall be provided in a coordinated efficient and cost effective manner. Planning for these shall be integrated with planning for growth so that they are available to meet current and projected needs. The use of existing infrastructure and public service facilities should be optimized where feasible before considering developing new infrastructure and public service facilities. 5.1.6 Energy and Air Quality policies, state that planning authorities shall support energy efficiency and improved air quality through various means in the planning and development process. 5.1.7 The subject applications are consistent with the 2005 Provincial Policy Statement as they are proposing the development of a mixed use community with a range of housing types and densities. The subject lands are adjacent to the existing built-up area and will make use of existing infrastructure and public service facilities. The applications will also aid the Municipality in attaining its three year supply of available residential land. 5.2 Provincial Growth Plan 5.2.1 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Growth is to be accommodated by building compact, transit-supportive communities in designated greenfield areas and by reducing dependence on the automobile through the development of mixed use, pedestrian- friendly environments. Growth shall also be directed to areas that offer municipal water and wastewater systems. Municipalities should establish an urban open space system within built up areas which may include communal courtyards and public parks. 5.2.2 The application would appear to conform with the Provincial Growth Plan. REPORT NO.: PSD-048-08 PAGE 5 6.0 OFFICIAL PLANS 6.1 Durham Reoional Official Plan The Durham Regional Official Plan designates the subject lands as Living Area. The intent of this designation is to permit the development of primarily residential areas with defined boundaries, incorporating the widest possible range of housing types, sizes and tenure, developed in an efficient and cost effective manner. In consideration of development applications within designated Living Areas, regard shall be had for the intent of this plan to achieve the following: . A compact urban form; . The use of good urban design principles; . The provision of convenient pedestrian access to public transit; educational facilities and parks; and . The grid pattern of roads. 6.2 Clarinoton Official Plan 6.2.1 The Clarington Official Plan designates the subject lands as Urban Residential and Environmental Protection Area. The intent of the Urban Residential designation is to provide for a range of housing. The applicants submitted and received approval for an Official Plan Amendment application to allow for the following: . Increased housing and population targets; . Revisions to the road network; . Revisions and additional medium density symbols; and . Revisions to school and park requirements and locations. 6.2.2 Environmental Protection Areas are recognized as the most significant components of the natural environment. The intent of this designation is to preserve and protect the area from the effects of human activity. No development is permitted within the areas designated Environmental Protection Area. The majority of the Northglen Neighbourhood is located on the Lake Iroquois Beach. Significant Woodlots and Significant Valleylands are also identified on Map C. An Environmental Impact Study (EIS) was undertaken in accordance with Official Plan policies. 6.2.3 The Official Plan recognizes the existing woodlot located on the northern portion of the subject lands as significant. The woodlot is primarily located within the proposed open space and neighbourhood park blocks. 6.2.4 The Official Plan encourages the conservation and enhancement of cultural heritage resources. A residential structure on the subject lands has been recognized on the Municipality's Primary Heritage resources list. Where a structure is recognized on the heritage resource list, the Municipality will allow alterations, renovations, additions or repairs provided the proposed changes are compatible and consistent with the building REPORT NO.: PSD-048-08 PAGE 6 and surrounding area. The Municipality will discourage the demolition or the inappropriate alteration of a heritage resource. 6.2.5 The Clarington Official Plan states prior to consideration and approval of a plan of subdivision, the Municipality shall require the preparation of a Neighbourhood Design Plan. The plan shall be prepared in consultation with the Municipality and other agencies. A Neighbourhood Design Plan is a visual interpretation of the future development of a neighbourhood as a whole. The Neighbourhood Design Plan has been finalized and was presented at the March 17th, 2008 General Purpose and Administration Committee through Report PSD-026-08. 6.2.6 The Clarington Official Plan states that the Municipality may require a Financial Impact Analysis to be undertaken for major development proposals. Where such an analysis demonstrates that the development will have an adverse effect on the Municipality's financial situation, the development will be considered to be premature and contrary to the intent of the Official Plan. In consideration of the subject application, together with development proposals elsewhere in Bowmanville and Newcastle Village, the Municipality undertook a Financial Impact Study. The conclusions and recommendations of the Financial Impact Analysis, prepared by Hemson Consulting Ltd. were presented at the February 25, 2008 General Purpose and Administration Committee through Report FD-007-08. 7.0 ZONING BY-LAW 7.1 Within the Comprehensive Zoning By-law 84-63, as amended, both of the subject properties are zoned "Agricultural Exception (A-1) Zone". A Zoning By-law Amendment is required in order to implement the proposed plan of subdivision. 8.0 SUMMARY OF BACKGROUND STUDIES 8.1 The following documents in support of the Official Plan Amendment, Neighbourhood Design Plan and both draft Plans of Subdivision were received: . Phase 1 Environmental Site Assessments . Environmental Impact Study . Hydrogeological Analysis, Archaeological Assessments . Functional Servicing Report These studies were summarized in staff's report respecting the proposed Official Plan Amendment, being PSD-137-07. The findings of the Financial Impact Study were presented to Council in Report FD-007- 08-08. The Neighbourhood Design Plan was presented to Council through Report PSD- 026-08. REPORT NO.: PSD-048-08 PAGE 7 9.0 PUBLIC MEETING AND SUBMISSIONS 9.1 A joint Public Meeting for all of the subject applications was held on May 22, 2007. 9.2 A number of area residents expressed concerns and provided comments on the proposed development. Their concerns/comments are summarized below: . Proposed lots adjacent to Rebecca Court should be a minimum of 18m wide; . Proposed homes on lots adjacent to Rebecca Court should be not more than two storeys and all brick, any structure two storeys or more should be at least 500 metres away from existing properties on Rebecca Court; . Existing fencing along the property line between proposed lots and existing properties on Rebecca Court should be replaced to prevent shortcuts to Liberty Street; . Development will increase traffic volumes on major roads in Bowmanville; . Development will increase noise levels and crime rates; . Deleting school sites means that children will have to be bussed outside of their community to attend schools; . Development will have an impact on wells in the area; . Development will affect water pressure in the Rills of Liberty; and . Balanced growth at non-residential to residential assessment ratio 25:75 is not being achieved in the municipality, nor is 1 job for every 3 residents being achieved. 9.3 These concerns will be addressed in Section 11 of this report. 10.0 AGENCY COMMENTS 10.1 The applications for the plan of subdivision and rezoning were circulated to various agencies and other departments for comment. 10.2 Clarington Operations has reviewed the applications and provided comments with respect to the stormwater management plan. In addition, all parking including bus pick- up and vehicular traffic must be accommodated within the school site. Parking will not be allowed on the street. Lots adjacent to the Kemp homestead may be frozen or a temporary turning circle required to accommodate winter maintenance. 10.3 Clarington Engineering has reviewed the subject applications and provided the following comments. . Appropriately sized sight triangles for all road intersections are shown on the draft plan. A 5.0 metre road widening is shown on Concession Road 3 and a 5.0 metre widening is shown on Middle Road. REPORT NO.: PSD-048-08 PAGE 8 . Temporary turning circles will be required adjacent to the Kemp Homestead. All temporary dead end streets must provide sufficient width to accommodate a temporary turning circle. . Phasing of the subject draft plan will be restricted by the number of external accesses available. Full development of the draft plan will require all external accesses to be constructed. . Development cannot proceed until such time as the Municipality has approved expenditure of funds for the provision of the urbanization and reconstruction of Concession Road 3 and Middle Road including sidewalks and street illumination as well as entrance works or services which have been included in the Municipality's Development Charges By-law and have been deemed necessary by the Director of Engineering Services. . The Engineering Department is requiring that a Preliminary Stormwater Management Report be completed in order to determine the size and location of the stormwater management facility. The Department is also requiring a Preliminary Lot Grading and Drainage Plan that demonstrates that all lots and blocks can be graded in accordance with Municipal criteria. These shall be provided prior to final approval. 10.4 The Region of Durham commented on the proposed subdivisions with respect to provincial plan responsibilities, and the proposed method of servicing, and transportation. The applications have been screened in accordance with the terms of the provincial plan review responsibilities. A Phase 1 Environmental Site Assessment for both the Kemp and Carruthers lands identified potential impacts from insecticides used on the apple farm therefore a Record of Site Conditions is required by the Region of Durham. The Soper Creek tributaries traverse the north eastern limit of the Northglen East area. This area is identified as having high archeological potential. An Archeological Assessment is required to be forwarded to the Ministry of Culture. Durham Transit provided comments advising there is transit service currently provided on Scugog Street. Regional Road No. 57, Concession Road 3 and Middle Road will be designated for future transit service to serve the Northglen Neighbourhood and the surrounding areas. They requested that the following be addressed through the approval process: . To protect for future transit stops with shelters and hard surface platforms within the public road allowance on Regional Road No. 57, Concession Road 3 and Middle Road at intersections of collector roads into the development and at other proposed public walkways providing access to the arterial roads; . That Street 'A', Street 'B', Street 'C', Street '0' and Street '/' be designated for future transit service to address operational concerns and to provide adequate coverage ensuring effective service delivery standards are met; and REPORT NO.: PSD-048-08 PAGE 9 . To protect for future transit stops with shelters and hard surface platforms within the public road allowances at intersections of same internal collectors designated for transit service. Regional Works provided the following comments: . Municipal water supply to the Northglen Neighbourhood area is available from the existing 600 mm feedermain on Middle Road and from the extension of a 300 mm watermain on Concession Road 3 from Lunney Crescent to North Scugog Court and Liberty Street. . Sanitary sewer servicing to the Northglen East area will require the extension of a 450 mm sanitary sewer on Middle Road from Bons Avenue northerly to the subject site. . Many revisions to the Traffic Impact Study are required to reflect the Region's issues with respect to volume projections and future intersection improvements. . The developer will be required to construct improvements at Regional Road intersections including auxiliary lanes at Concession Road 3 and Liberty Street. 10.5 Central Lake Ontario Conservation Authority has offered no objection to the applications and provided conditions of draft approval. In addition to the standard conditions, the Authority has requested detailed plans and reports to demonstrate how the development will proceed with respect to the recommendations in the Hydrogeologic Report, prepared by Geo-Logic, and the Environmental Impact Study and Tree Preservation Plan prepared by Niblett Environmental Associates. 10.6 The Peterborough Victoria Northumberland and Clarlngton Catholic District School Board offered no objection provided the Owner enter into a written agreement for the future acquisition of the school site, to the satisfaction of the School Board. The agreement shall, among other matters, provide for the levelling, rough grading and seeding of Block 296, the provision of all municipal services to the site, and the installation of a 1.8 metre high chain link fence on the perimeter of Block 296 where it abuts proposed or existing residential lands, to the satisfaction of the Peterborough, Victoria Northumberland and Clarington Catholic District School Board. 11.0 STAFF COMMENTS 11.1 The applicant's two parcels subject to these applications equal to approximately 22% of the land within the Northglen Neighbourhood. They have submitted one joint application for rezoning and one joint application for draft plan of subdivision. REPORT NO.: PSD-048-08 PAGE 10 11.2 Public Submissions In response to the public submissions as they are related to Northglen East, the following information is presented: Residents of Rebecca Court The residents on Rebecca Court have expressed concerns with the lot size and form of housing adjacent to the rear yards, as well as the potential for trespassing through their rear yards. The draft plan has been revised, placing 18.0 metre (60 foot) lots abutting the rear lots on Rebecca Court, for single detached dwellings. The developer is required through the conditions of draft approval to provide upgraded architectural style, exterior finishes and detailing for all building elevations for these homes. The developer will also be required to provide 1.8 metre privacy fencing along the rear lot line of the proposed lots. The transition of new development adjacent to existing was recently raised as an issue. In addition, the residents have requested that homes be restricted to one storey within 500 metres of Rebecca Court. The Rills of Liberty was approved as an estate residential development outside the urban area for Bowmanville in December 1980. It was incorporated into the Urban Area in the 1991 Region of Durham Official Plan, as were the subject lands. As such, denser urban forms are permitted. To address the residents concerns the lot widths have been increased to 18.0 metres and rear yard depths have been increased to 8.5 metres from 7.5 metres but staff cannot support restricting housing style to one storey. This would effect almost all the lots within the plan of subdivision. Given that the majority of the lot fabric are 10, 11 and 12 metres in size, an adequate house size cannot be accommodated on these parcels. Water Pressure Water pressure on Rebecca Court will not be affected as a result of this development, because water services will be provided from the watermain off of Middle Road. It is likely that the residents experienced a drop in water pressure when the supply was changed to lake-based water services. Traffic Issues Traffic reports in support of this application have been submitted to the Municipality of Clarington and the Region of Durham Works Department. The reports assess the impact of this development on local and regional roads in Bowmanville and determine what improvements are required to support this new neighbourhood, now and over time. Both agencies are satisfied that the road network' and proposed improvements can adequately accommodate the traffic generated from this development. Deleting School Sites One public elementary school symbol and one public secondary school symbol were deleted from the Northglen Neighbourhood through Amendment No. 59. The Kawartha Pine Ridge District School Board deemed that only one Public elementary school site was necessary to serve the students in this neighbourhood. Both school boards are satisfied that the students generated from the development can adequately be REPORT NO.: PSD-048-08 PAGE 11 accommodated in existing and future schools. Staff cannot provide comment on the board's policies regarding bussing of students. Increase Levels of Noise and Crime The Northglen Neighbourhood is located within the urban area boundary of Bowmanville and adjacent residents who enjoy a rural type lifestyle will experience changes as development proceeds in this neighbourhood. Staff cannot provide comment with respect to increased crime. Balanced Growth The Official Plan sets targets for balanced growth at non-residential to residential assessment ratio of 25:75 to be achieved by 2016 and 1 job for 3 residents to be achieved by 2016. Although the residential portion of the assessment ratio is currently higher with growth in retail sectors of our community and new initiatives such as the Energy Park, the municipality is attempting to provide opportunities to achieve an increase in non-residential assessment and jobs for residents. 11.3 Phasina and Costs Associated with the Development 11.3.1 Development of the Northglen Neighbourhood does not align with the Municipality's infrastructure financing and timing assumptions as contained in the Development Charges Background Study 2005. This study anticipated development of portions of the neighbourhood not to occur until 2015 or beyond. Works that are required for this development to proceed at this time include the following: i) Reconstruction of Concession Road 3 from Middle Road to Liberty Street; ii) Reconstruction of Middle Road from Concession Road 3 to the north limit of the urban area boundary; iii) Installation of street lighting and sidewalks on Concession Road 3; iv) Installation of street lighting and sidewalks on Middle Road; v) Storm sewer and full urbanization of Scugog Street south of Concession Road 3; and vi) Parks and trail development. The Municipality of Clarington undertook a Financial Impact Study for this development along with four others in Bowmanville and Newcastle Village. A report on that study was presented to Committee and Council in February 2008. In consideration of the recommendations proposed through the Financial Impact Study. The Northglen Landowners Group presented a proposal to contribute to the construction of some infrastructure works to address the impact of allowing the plan of subdivision to proceed at this time. Staff have met with the Landowners Group to determine which works are required and the timing of those works, based on a phasing plan to be approved by the Directors of Engineering Services, Planning Services and Finance. As a condition of draft approval, staff are requiring that parkette (Block 299) be included within the limits of the registration of Phase 1 and be constructed 100% at the expense of the Owners. In addition the Owner shall be 100% responsible for the detailed park concept plan, park construction drawings and specifications, all to be approved by the Director of REPORT NO.: PSD-048-08 PAGE 12 Engineering Services. The park shall be commenced upon issuance of the 15151 building permit in Phase 1. 11.3.2 In order for the first phase of development to proceed the developers will pay 100% of the cost to construct interim road improvements on Concession Road 3, including where required, left turn lanes from Middle Road, east along the entire frontage of the development and provision for pedestrian access on Concession Road 3. 11.4 Revisions to the Plan 11.4.1 The draft plan of subdivision requires a 4.0 metre landscape strip in the form of an easement, along the frontage of the medium density block (Block 295 and 294 as redlined) on Concession 3 Road. This will balance the landscape treatment along Concession Road 3 with that shown on the draft plan S-C 2007 -0004 which was provided to allow for a grade transition from Concession Road 3 to the lots and streets in that draft plan. The developers have requested that the landscaped strip be in the form of an easement so it can be maintained by the future condominium corporation on a regular basis. 11.4.2 Block 295 is a Medium Density block that will be subject to Site Plan Approval. The plan illustrated four (4) blocks (291-294) of on-street townhouses on the east boundary of this block. The plan shall be red-line revised to meld the most southerly block (Block 294) containing 3 on-street townhouse units with Block 295 together to allow for the most flexibility in designing a development proposal for these lands. 11.4.3 Block 298 is identified as a parkette. It is a 0.113 ha (0.28 acre) irregular shaped parcel between the open space block and Street "0". This block shall be revised to an Open Space Block. 11.4.4 A 10.0 metre easement is shown through Blocks 298 and 300. These lands are to be dedicated to the Municipality for Open Space purposes. The easement is required by Mr. Carruthers to access the farm field to the north of Block 300. The field is cultivated and not used for livestock. Staff have investigated other means of accessing this site and have concluded that this existing route through the Open Space lands is the only viable access. However, the current access is narrower than the 10.0 metres identified on the plan and Staff are of the opinion it can be reduced to 6.0 metres. 11.4.5 After reviewing the draft conditions of approval, the Owners have raised an issue with condition 34. This condition required the Owner's to be 100% responsible for the cost of preparing a plan for the establishment of the trail in the Open Space block as well as constructing said trail to the satisfaction of the Director of Engineering Services. Through discussion with staff, the Owner's were advised that the trail should be constructed with an asphalt surface. The Owners objected to constructing a paved trail within the Open Space block. They believe that a wood chip trail should be sufficient as this trail will be localized within this development and not provide connections to other parts of the Municipality. REPORT NO.: PSD-048-08 PAGE 13 Staff reviewed this issue further and decided to revise condition 34 to require a chip trail only to be constructed by the Owners. The location and width will be determined in consultation with Municipal staff. The Owners have agreed with the conditions as revised. 11.5 Cultural Heritaoe There is a secondary heritage structure located at 3187 Middle Road. This property is not within the subject draft plan of subdivision. However, the underlying lot fabric has been identified and the existing dwelling can be incorporated into future development of this area. The proposed lotting pattern requires demolition of the garage that was more recently added to the house, for future road connection. 11.6 Tax Status The Finance Department advises that the taxes for the subject property have been paid in full. 12.0 RECOMMENDATIONS 12.1 The applications have been reviewed in consideration of the comments received from area residents, the circulated agencies, the Region and Clarington Official Plan and Zoning By-law. The applicants concur with the Conditions of Draft Approval. In consideration of the comments contained in this report, Staff respectfully recommend the proposed Plan of Subdivision as contained on Attachment 2 be APPROVED subject to the Conditions of Draft Approval as contained in Attachment 3 and that the rezoning as contained in Attachment 4, be APPROVED. Attachment: Attachment 1 - Key Map Attachment 2 - Proposed Draft Plan of Subdivision Attachment 3 - Conditions of Draft Approval Attachment 4 - Zoning By-law Amendment Attachment 5 - By-law Authorizing Subdivision Agreement REPORT NO.: PSD-04B-OB PAGE 14 List of interested parties to be advised of Council's decision: Dave and Janet Passant Rick and Donna McCreary Mike and Caroline Dodds Peter and Heather Abramczuk Gord and Rosemary Baker Grant Martin George and Cheryl Strilchuk Dominick and Angela Forsellino Kurt and Sylvia Graichen Ardyth Korte Sernas Associates Reverend Gordon Belyea Florence Cinquemani Mike Dome Cindy Craig Murdoch Hielka Holkema Glenn Genge Wendy Busuttil Hannu Halminen Baysong Developments Inc Kirk & Douglas Kemp Bob and Patsy Carruthers Kevin Tunney Rick James Ron & Ann Reitsma Tammie McGann . Attachment 1 To Report PSD-048-08 ~ :! 'i> J: .. ~ al u C ';;; "C~ "'s C._ I/) 411 E ... E .- G> D....J fi o 0 ::I -.- ... 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I I I I 1 1 I 1,'--- r'l i J ~ \1 ~ " , o , . o , "-::>'"-- '--. - " , Attachment 2 To Report PSD-048-08 ~~~~~ 1'1 ii/,ii 'II ~~ 'Vi lll!ll!'~'~ ..." I B~I I ~ Jill ~hf , ~ f" ' W II I, III ::' ~ mil ~i',! 1D I W! ) Illm!!hiiilf~~'t~~~J~~1 ! I III!::~! ~ li:;)~ ~~ u .. j t Ig f i!!fI;il'!~.l!!U ! ! f I ~ j~ ...,,~IH.!!i, II II II II II '"I 'L_ Attachment 3 To _~p~~ PS[)-()4!l-911 CONDITIONS OF DRAFT APPROVAL S-C-2007-0005 (Northglen East) May 12, 2008 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2007-0005 prepared by Tunney Planning Inc. identified as Project Number TUN 553-1, original submission dated February, 2006, and as revised in February 2007 and further red-lined revised, which illustrates 364 residential units consisting of 290 single detached dwellings, 58 block townhouse units, 16 street townhouse units and blocks for a separate elementary school, two (2) parks, open space, road widenings, and 0.3 metre reserves. The red-line revisions shall include: i) that Blocks 294 be melded into Block 295; ii) that Blocks 298 and 302 be identified as Environmental Protection Area; iii) that the lot between Lot 246 and Block 298 be revised to a straight line; and iv) that the 10.0 metre access easement through Blocks 298 and 300 be reduced to 6.0 metres. FINAL PLAN REQUIREMENTS 2. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 3. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 4. The Owner shall convey a 5.00 metre road widening (Block 311), across the entire frontage of the draft plan to the Municipality of Clarington for the purpose of widening Concession Road 3. 5. The Owner shall convey a 3.00 metre road widening (Blocks 312 & 313), across the entire frontage of the draft plan to the Municipality of Clarington for the purpose of widening Middle Road. 6. The Owner shall convey a 14.0 metre x 14.0 metre sight triangle at the corners of Concession Road 3 and Middle Road to the Municipality of Clarington. 7. The Owner shall convey 14.0 metre X 7.0 metre sight triangles at all intersections where arterial roads (Concession Road 3 and Middle Road) intersect with local and collector roads. 8. The Owner shall terminate any dead ends and/or open sides of road allowances created by this draft plan in 0.3 metre reserve(s) to be conveyed to the Municipality of Clarington. 9. The Owner shall convey the 0.3 metre reserve shown as Blocks 303, 304, 305, 306, 307, 308, 309 and 310 on the draft plan, to the Municipality of Glarington. 10. That all land dedications, easements, sight triangles and reserves as required by the Municipality for this development must be granted to the Municipality free and clear of all encumbrances and in a form satisfactory to the Municipality's Solicitor. 11. The Owner will be required to provide temporary turning circles at the end of Street "F" and Street "G" to the satisfaction of the Director of Engineering Services. The number of lots to be frozen and additional easements for snow storage will be at the discretion of the Director of Engineering Services. 12. The Owner shall provide a 4.0 metre easement for the purposes of a landscaped strip along the entire frontage of Block 295 and Block 294 as red lined on the draft plan. 13. The Owner shall be 1 00% responsible for the cost of preparing a reference plan to the satisfaction of the Municipality of Glarington, for the 6.0 metre farm vehicle access easement through Blocks 298 and 300 for maintenance of vacant farmlands north of Block 300. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 14. The subdivision shall be developed in phases by more than one registration. The Owner shall submit plans showing the proposed phasing to the Directors of Engineering Services, Planning Services and Finance for approval. Block 299 shall be included within the limits of the registration of Phase 1. Furthermore, the Owner agrees to incorporate Block 296, Separate Elementary School Block, including adequate frontage for appropriate access should, the Peterborough Victoria Northumberland Glarington Gatholic District School Board, deem that the block is necessary prior to registration of the phase in which these lands are situated. A copy of the phasing Plan shall be provided to the Region of Durham. The Municipality shall require the preparation of a separate Agreement for each phase of development. 15. The Owner shall, if necessary, apply to the Municipality of Glarington and obtain area municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 16. 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. 17. The Owner shall submit a detailed tree preservation plan to the satisfaction of the Municipality of Glarington. No trees shall be removed until such time as this plan has been approved except as authorized by the Municipality. 18. 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. 19. Prior to the development of any phase which accesses Concession Road 3, the Owner shall complete a Traffic Control Study to the satisfaction of the Director of Engineering Services, which analyzes the need for left turn lanes at each intersection on Concession Road 3 and recommend how left turn lanes would be implemented. Any works deemed necessary by the Director of Engineering Services shall be undertaken at 100% cost to the Owner. 20. The Owner shall prepare an Internal Traffic Impact Study to assess the traffic movements within the Plan of Subdivision and identify areas where traffic calming may be required. The study shall recommend the appropriate measures to be used, such as textured asphalt, bump outs or landscaping measures. This study shall be prepared to the satisfaction of the Director of Engineering Services and Director of Planning Services. 21. The Owner shall prepare and submit 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 to be prepared by the Owner for Plan of Subdivision S-C-2007-0004. This plan must be approved by the Municipality of Clarington, and shall identify specific measures on how development in Plan S-C 2007-0005 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 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; 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. 22. The Owner shall prepare a Community Theme and Urban Design Implementation Plan, to the satisfaction of the Director of Planning Services and Director of Engineering Services. This Plan shall confirm and control intended pattern of development in the Northglen Neighbourhood. This plan shall be consistent with the approved plan prepared by the Owner of the Plan of Subdivision S-C 2007-0004. 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 including 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. 24. The phasing of this draft plan will be restricted by the number of external accesses and the external capital works which have been approved by Municipal Council. Full development of the draft plan will require all external accesses to be constructed. The specific lots available for building permits in any single phase of the development will be at the discretion of the Director of Engineering Services. 25. The Owner agrees to construct, in conjunction with Phase 1, the following works at 100% the Owners cost, as directed by and to the satisfaction of the Director of Engineering Services: i) interim road improvements on Concession Road 3, including but not limited to, left turn lanes where required and asphalt overlay from Middle Road to Liberty Street; ii) intersection illumination at Street "A", and Concession Road 3; and iii) provision for pedestrian access on Concession Road 3 from Middle Road to Liberty Street. 26. The Owner acknowledges that portions of the draft plan of subdivision are premature relative to the Municipality's capital budget and four year forecast. Development cannot proceed until such time as the Municipality has approved the expenditure of funds for the provision of the certain works for this draft plan or external works or services in its capital budget and which have been included in the Municipality's Development Charges By-law and deemed necessary by the Director of Engineering Services and Director of Finance, to service this development. These include but are not limited to: i) Reconstruction of Concession Road 3 from Middle Road to Liberty Street to a full urban section, including curb, gutter, storm sewer, granular base and asphalt base and service course; ii) Reconstruction of Middle Road from Concession Road 3 to the north limit of the urban area boundary to a full urban section, including curb, gutter, storm sewer, granular base and asphalt base and service course; iii) Installation of street lighting and sidewalks on Concession Road 3; iv) Installation of street lighting and sidewalks on Middle Road; v) Storm sewer on Scugog Street south of Concession Road 3 to Bons Avenue and urbanization of Scugog Street from Concession Road 3, to the north limit of the existing urbanization to a full urban section, including curb, gutter, storm sewer, granular base and asphalt base and service course; and vi) park development. 27. Should the Owner wish to proceed in advance of the approval by Council of the Municipality of Clarington for the expenditures for 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. 28. The Owner is responsible for 100% of the cost of any oversizing of municipal infrastructure deemed necessary to service the development to the satisfaction and at the request of the Director of Engineering Services. Oversizing includes but is not limited to: . Left turn lanes on Concession Road 3; . Storm sewer oversizing on Concession Road 3 and Middle Road; and . Increased depth of storm sewer invert on Concession Road 3 and Middle Road. The Owner will be required to provide securities in the amount of 100% of the cost of oversizing based on the construction cost estimate. The securities must be submitted in a form satisfactory to the Director of Finance and Director of Engineering Services prior to registration of the first phase. The difference, if applicable, between the cost estimate and the as-built cost of the oversizing will be 100% the responsibility of the Owner. 29. The Owner shall convey Blocks 297 and 299 to the Municipality of Clarington for park or other public recreational purposes. The Owner further agrees that the dedication of parkland for the subject application will be considered together with the parkland dedication requirement for the application for Draft Plan of Subdivision S-C-2007-0004. The Owners of the two Draft Plans of Subdivision shall enter into a private cost sharing agreement for the total parkland dedication requirements in order to address any over and/or under dedication related to the individual Draft Plans of Subdivision applications. 30. The Owner shall convey Blocks 298, 300, 301 and 302 for open space purposes. 31. For the purpose of the development of Block 299, the Owner agrees to construct the park in its entirety. The Owner shall retain a qualified Landscape Architect to undertake the preparation of a detailed park concept plan, followed by the preparation of park construction drawings and specifications all to be approved by the Director of Engineering Services. The park construction drawings shall clearly indicate all park grading, equipment and facilities. Park facilities to be included in Block 299 shall include, but not be limited to; . traditional playground with equipment suitable for junior and senior age children . hard surface play court (i.e. basketball, ball hockey) . shade structure . park furniture such as benches, picnic tables, waste containers, bike racks as appropriate . paved walkways connecting various park features to surrounding streets . walkway lighting . tree and shrub planting as appropriate . park sign . park entirely sodded 32. The Owner agrees for the purpose of Block 297 parkland development shall be consistent with the local service as defined in the Development Charges By-law as amended from time to time, which includes the requirement for the Owner to undertake the preparation of a detailed park concept plan including proposed grading to demonstrate that the proposed park size, configuration and topography will allow for the construction of park facilities to the satisfaction of the Municipality. In addition the Owner is required to provide the park site satisfaction of the Municipality. In addition the Owner is required to provide the park site graded in accordance with the park concept plan including stormwater servicing. The park site must be fenced and seeded with a minimum cover of 200mm of topsoil. 33. The owner agrees to commence construction of the park Block 299 at the issuance of 151 5t building permit. The Owner agrees to complete the park construction in accordance with the approved construction drawings and specifications prior to the issuance of the 200th building permit. 34. The Owner shall be responsible for 100% of the cost of both the preparation of a location plan for a pedestrian trail through Blocks 298, 300, 301 and 302 and the installation/construction of a wood chip trail to the satisfaction of the Director of Engineering Services. 35. The Owner agrees to dedicate an easement in favour of the Municipality of Clarington to provide a 4.0 metre wide Landscape Strip along the southern limits of Blocks 294 & 295. Furthermore, the Owner shall be 100% responsible for the costs of landscaping and maintaining the 4.0 metre Landscape Strip in keeping with the approved Landscape Plan. 36. The Owners shall be 100% responsible for the cost of preparing Architectural Design Guidelines specific to this development, as well as 100% of the cost for the control architect to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 37. The Owner agrees that no residential units shall be offered for sale to the public on said plan until such time as the architectural control guidelines and the exterior architectural design of each building has been approved by the Control Architect and the Director of Planning Services. 38. The Owner agrees that all residential units situated on Lots 226 to 245 inclusive, shall be of a high quality architectural style and finishes on all building elevations. The side and the rear elevations shall have a high level of quality and detailing consistent with the front elevation of the dwelling. These include, but are not limited to exterior finishes, exterior colours, windows and doors and architectural features. 39. The owner shall implement a rear yard planting program for all lots in accordance with the guidelines to be established or terms approved by the Municipality. 40. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 41. The Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 42. The Owner agrees to provide detailed house siting plans during the detailed engineering submission, for approval by the Director of Engineering Services, that illustrates proposed driveways onto public roads. 43. All works shall be constructed in accordance with the Municipality of Clarington standards. 44. The Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 45. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 46. The Owner shall be 100% responsible for the costs of installing privacy fencing a minimum of 1.8 metres high, at the rear of Lots 226 to 245 inclusive. The fencing location shall be established in conjunction with the Tree Preservation Plan and reviewed with the abutting landowners. The fencing location and details shall be approved by the Director of Engineering Services and the Director of Planning Services. The Owner acknowledges that the fencing location may result in minor adjustments to the rear lot line where the agreement of the abutting landowner to the east is obtained, should the Tree Preservation Plan determine that a tree(s) be preserved in the vicinity of the rear lot line. 47. The Owner shall be 100% responsible for the costs of installing fencing in the location specified in accordance with Municipal specifications, specifications and policies to the satisfaction of the Director of Engineering Services 48. The Owner shall construct appropriate fencing on the east limit of Block 300 to the satisfaction of the Director of Engineering Services and Central Lake Ontario Conservation 49. The Owner shall construct a post and wire fence on the north limit of Blocks 300 to 301. 50. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Planning Services to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 51. 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. - 52. Prior to final approval, the Regional Municipality of Durham shall be satisfied that any wells on the property have been decommissioned in accordance with applicable Ministry of Environment standards. 53. That the Owner shall .provide the Municipality, unconditional and irrevocable, Letters. of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 54. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charges by-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charges Act if any are required to be paid by the Owner. 55. Prior to final approval, the Owner is required to submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. 56. Prior to final approval, the proponent shall engage a qualified professional to carry out to the satisfaction of the Ministry of Culture, an archaeological assessment of the entire property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Culture confirming that all archaeological resource concerns have been met including licensing and resource conservation requirements. 57. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall submit to, and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: i) the intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines; ii) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; Hi) 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; iv) Prior to anyon-site grading and/or construction, the Owner shall submit for review and approval, detailed plans and any associated reports, of the proposed frog pondlwetland to be constructed within Block 301 in S-C- 2007-0005, in accordance with the requirements of the EIS prepared by NEA, April 2007. This feature shall be constructed prior to the elimination of the existing pond/wetland feature located within the subject Plan of Subdivision; and v) The Owner shall submit for review and approval phased grading plans as well as proposed cut and fill drawings/plans for the subject site. 58. The Owner shall submit appropriate detailed drawings and reports which indicate how development of the site meets the conclusions and recommendations outlined in Section 6.0 of the Hydrogeologic Investigation Report, as prepared by Geo-Logic, dated May 2005. 59. The Owner shall submit appropriate detailed drawings and reports which identify and indicate how development of the site meets the recommendations of the Environmental Impact Study, prepared by Niblett Environmental Associates, dated April 2007 as well as the Tree Preservation Plan, prepared by Niblett Environmental Associates, dated April 2007. 60. 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. 61. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: i) The Owner agrees to carry out the works to the satisfaction of the Central Lake Ontario Conservation Authority. ii) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner acceptable to the Central Lake Ontario Conservation Authority. Hi) The Owner agrees to advise the Central Lake Ontario Conservation Authority, 48 hours prior to the commencement of grading or the initiation of anyon-site works. The Owner agrees to furnish to the Central Lake Ontario Conservation Authority, a copy of the fully executed subdivision agreement with the Municipality. 62. The Owner shall enter into a written agreement with the Peterborough Victoria Northumberland and Clarington Catholic District School Board which provides for the future acquisition of the school site, as shown as Block 296 on the draft plan, to the satisfaction of the School Board. The agreement shall, among other matters, provide for the leveling, rough grading and seeding of Block 296, the provision of all municipal services to the site, and the installation of a 1.8 metre high chain link fence on the perimeter of Block 296 where it abuts proposed or existing residential lands, to the satisfaction of the Peterborough, Victoria Northumberland and Clarington Catholic District School Board. 63. The Owner shall submit to the Municipality of Clarington and Regional Municipality of Durham, for review and approval, an updated noise report, based on the preliminary Noise Impact Study, prepared by Sernas Associates, Project no. 88239G. The study shall be based on projected traffic volumes provided by the Durham Region Planning Department and recommend noise attenuation measures for the draft plan in accordance with the Ministry of the Environment guidelines. The Owner shall agree in the Municipality of Clarington subdivision agreement to implement the recommended noise control measures. The agreement shall contain a full and complete reference to the noise report (I.e. author, title, date and any revisionsiaddenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 64. The Owner is to coordinate the preparation of an overall utility distribution plan to the satisfaction of all affected authorities. 65. 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. 66. All of the natural gas distribution system will be installed within the proposed road allowances therefore easements will not be required. 67. The Owner is hereby advised that prior to commencing any work within the Plan, the Owner must confirm that sufficient wire-line communication/telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the Owner is hereby advised that the Owner may be required to pay for connection to and/or extension of the existing communication/telecommunication infrastructure. If the Owner elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the Owner shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of the communication/telecommunication services for emergency management services (i.e., 911 Emergency Services). 68. The Owner shall agree in words satisfactory to Bell Canada to grant Bell Canada any easements that may be required for telecommunications services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell facilities or easement the owner/developer shall be responsible for the relocation of such facilities or easements. 69. 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. 70. 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. 71. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: i) The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act. ii) The Owner agrees that no filling, grading or alteration to the water course shall occur on the property without the prior written approval of the Conservation Authority. iii) The Owner agrees to place the following in all agreements of purchase and sale between the Developer and all prospective home buyers: "Students from this area may have to attend existing schools. Although a school site has been reserved within this plan of subdivision; a school may not be built for some time, if at all, and then only if the Ministry of Education authorizes funding and construction of this required school." iv) Owner agrees to implement those noise control measures recommended in the Noise Report. 72. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: i) Regional Municipality of Durham, how Conditions 3, 14, 18,52,55,63, and 69 have been satisfied; ii) Central Lake Ontario Conservation, how Conditions 48, 57, 58, 59, 60 and 61 have been satisfied; iii) Peterborough Victoria, Northumberland and Clarington Catholic District School Board how Conditions 62 has been satisfied; iv) Enbridge Gas Distribution Inc. how Conditions 65, 66 have been satisfied; v) Bell Canada, how Conditions 67 and 68 have been satisfied; and vi) Ministry of Culture, how Condition 56 has been satisfied. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within [c7]six years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. 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 Tilles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: i) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, UH 3T3 (905) 579-0411. ii) Peterborough, Victoria, Northumberland and Clarington Catholic District School Board, 1355 Lansdowne Street West, Peterborough Ontario K9J 7M3 Hi) Regional Municipality of Durham, 605 Rossland Road East, 4th Floor Whitby Ontario UN 6A3 iv) Enbridge Gas Distribution Inc. 500 Consumers Road, North York, Ontario, M2J 1 P8 v) Bell Canada, Development and Municipal Services Control Centre, Floor 5, 100 Borough Drive, Scarborough Ontario M 1 P 4W2 vi) The Ministry of Culture, Cultures Program Unit, 400 University Avenue Toronto, Ontario M7A 2R9 Attachment 4 To Report PSD-048-08 . CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to amend By-law 84-63. the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2007-0016; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule 12.2 "SPECIAL EXCEPTIONS-URBAN RESIDENTIAL TYPE (R1) ZONE" is hereby amended by adding new Special Exceptions as follows: "SECTION 12.4.70 URBAN RESIDENTIAL EXCEPTION (R1-70) ZONE Notwithstanding Sections 3.1 i, iii); 12.1 a); 12.2 a); b); c); d) i, ii), iii); f); h); and i) ii) those lands zoned R1-70 on the Schedules to this By-law shall only be used for single detached dwellings, subject to the following regulations: a) Lot Area (minimum) i) Interior 450 square metres b) Frontage (minimum) I) Interior ii) Exterior 15.0 metres 18.0 metres c) Yard Requirements (minimum) i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to front wall; 2.0 metres to porch Ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to front wall; 2.0 metres to porch iii) Interior Side Yard 1.2 metres with private garage or carport; Without private garage or carport 1.2 metres on one side, 3.0 metres on the other d) Lot Coverage (maximum) i) 1 Storey a) Dwelling b) Total of Buildings and Structures 50 percent 55 percent ii) All other residential units a) Dwelling b) Total of all buildings and structures 40 percent 45 percent e) Height (maximum) i) 1 Storey dwelling ii) All other residential units 8.5 metres 10.5 metres I) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall. SECTION 12.4.71 URBAN RESIDENTIAL EXCEPTION (R1-71) ZONE Notwithstanding Section 3.1 i, iii); 12.1 a); 12.2 a); b); c); d) i, iii, iii); I); h); and i) ii) those lands zoned R1-71 on the Schedules to this By-law shall only be used for single-detached dwellings, subject to the following regulations: a) Lot Area (minimum) i) Interior 540 square metres b) Lot Frontage (minimum) i) Interior ii) Exterior 18.0 metres 21.3 metres c) Yard Requirements (minimum) i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard 1.2 metres with private garage or carport; Without private garage or carport 1.2 metres on one side, 3.0 metres on the other iv) Rear Yard 8.5 metres d) Lot Coverage (maximum) i) 1 Storey a) Dwelling b) Total of Buildings and Structures 50 percent 55 percent ii) All other residential units a) Dwelling b) Total of Buildings and Structures 40 percent 45 percent e) Height (maximum) i) 1 Storey dwelling ii) All other residential units 8.5 metres 10.5 metres I) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front wall. 2. Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE (R2) ZONE" is hereby amended by adding thereto new Special Exceptions as follows: "SECTION 13.4.53 URBAN RESIDENTIAL EXCEPTION (R2-53) ZONE Notwithstanding Sections 3.1 i. iii); 13.2 a); b); c) i), ii), iii), e) and h) those lands zoned R2-53 on the Schedules to this By-law shall be subject to the following regulations: a) Lot Area (minimum) 300 square metres b) Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot 10 metres 13.0 metres c) Yard Requirements i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard With private garage or carport 1.2 m on one side; 0.6 metres on the other side; Without private garage or carport 3.0 metres on one side, 0.6 metres on the other side d) Lot Coverage (maximum) i) Dwelling ii) Total of all Buildings and Structures 40 percent 45 percent e) Driveway width (maximum) 4.6 metre f) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall or covered porch projection. ii) The outside width of the garage shall be a maximum of 40% of the width of the house. 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) and those lands zoned R2-59 on Schedules to this By-law shall be subject to the following regulations: a) b) Lot Area (minimum) 330 square metres Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot 11 metres 14 metres c) Yard Requirements i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard With private garage or carport 1.2 m on one side; 0.6 metres on the other side; Without private garage or carport; 3.0 metres on one side, 0.6 metres on the other side d) Lot Coverage (maximum) i) Dwelling ii) Total of all Building and Structures 40 percent 45 percent e) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front walls or exterior side wall or covered porch projection. ii) The outside width of the garage shall be a maximum of 40% of the width of the house. SECTION 13.4.60 URBAN RESIDENTIAL EXCEPTION (R2-60) ZONE Notwithstanding 3.1 i, iii); 13.2 a); c) D, ii), iii), e); g); and h) those lands zoned R2-60 on the Schedules to this By-law shall be used subject to the following regulations; a) Lot Area (minimum) 360 square metres b) Yard Requirements i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard With private garage or carport 1.2 m; Without pnvate garage or 3.0 metres on one side 1.2 metres on the other side c) Lot Coverage (maximum) i) 1 Storey a) Dwelling b) Total of Buildings and Structures 50 percent 55 percent ii) a) b) All other residential units Dwelling Total of all Building or Structures 40 percent 45 percent d) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall. e) Height (maximum) i) 1 Storey dwelling ii) All other residential units 8.5 metres 10.5 metres SECTION 13.4.62 URBAN RESIDENTIAL EXCEPTION (R2-62) ZONE Notwithstanding Sections 3.1 i, iii); 13.2 a); b); c) i), ii), iii), e); g); and h) those lands zoned R2-62 on the Schedules to this By-law shall be subject to the following regulations: a) b) Lot Area (minimum) 405 square metres Lot Frontage (minimum) i) Interior Lot ii) Exterior 13.5 metres 16.5 metres c) Yard Requirements i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport: 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard With private garage or carport 1.2 m; Without private garage or carport 3.0 metres on one side, 1.2 metres on the other d) Lot Coverage (maximum) i) 1 Storey a) Dwelling b) Total of Buildings and Structures 50 percent 55 percent ii) All other residential units a) Dwelling b) Total of all Buildings and Structures 40 percent 45 percent e) Height (maximum) i) 1 Storey dwelling ii) All other residential units 8.5 metres 10.5 metres f) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall. "SECTION 14.6.31 URBAN RESIDENTIAL EXCEPTION (R3-31) ZONE Notwithstanding Sections 3.16 i), iv); 14.1; 14.2; 14.3 a), b), c) i), ii), iii) 14.4 a), 14.4 b) 14.4 c): 14.4 g), and 14.4 h) those lands zoned R3-31 shall only be used for an apartment building, link townhouse dwellings, stacked townhouse dwellings, or street townhouse dwellings, subject to the following regulations: a) For the purposes of this Section, the term: i) "Dwelling, Stacked Townhouse" Shall mean one of a group of three or more dwelling units which are separated vertically and/or horizontally, provided that each dwelling unit has a separate entrance and fronts either on an improved public street or on a private street. ii) "Landscaping Strip Easement" Shall mean an area of land used for anyone or more of the planting of trees, shrubs, flowers, grass or other horticultural ,,~ments, decorative stonework, paving, screening or other architectural elements which such land is subject to an easement. b) Street Townhouse dwelling yards shall be permitted as follows: i) Lot Area (minimum) 210 square metres ii) Lot Frontage (minimum) a) Interior Lot b) Exterior Lot 7.0 metres 11.0 metres iii) Front Yard a minimum width of 4.0 metres and a maximum width of 6.5 metres; vi) Interior Side Yard 1.2 metre, except (i) where a building has a common wall with a building on an adjacent lot located in the R3-31 zone, in which case no interior side yard is required, and (ii) where the lot line is also the boundary of a different zone, in which case an interior side yard of 4.5 metres wide is required; v) Exterior Side Yard minimum width of 4.0 metres and a maximum width of 6.5 metres; vi) Setback from the limits of a Landscaping Strip Easement shall be a minimum of 2.0 metres. c) Link townhouse dwellings or stacked townhouse dwellings shall be permitted as follows: i) Density (maximum) 45 units per ha ii) Lot Area (minimum) 1.0 ha iii) For the purposes of this zone, the lot line dividing the lot from Concession Road 3 shall be deemed the front lot line; iv) For the purposes of this zone, the lot line dividing the lot from Middle Road shall be deemed the exterior lot line; v) Front Yard a minimum width of 4.5 metres and a maximum width of 6.5 metres; vi) Exterior Side Yard a minimum width of 4.5 metres and a maximum width of 6.5 metres; vii) Yard between the rear wall of the dwelling and a lot line other than a street line (minimum) 7.5 metres viii) Yard between the end wall of the town house block and a lot line other than a street line (minimum) 1.2 metres ix) Setback from the limits of a Landscaping Strip Easement shall be a minimum of2.0 metres; x) Building Height (maximum) a) Link townhouse dwellings b) stacked townhouse dwellings 10.5 metres 12.0 metres xi) no parking spaces shall be located in any yard between a dwelling and a lot line dividing the lot from an improved public street. d) the following additional regulations for stacked townhouse dwellings shall be provided: i) Dwelling Unit Area (minimum) 85 square metres ii) Lot Coverage (maximum) 45 percent iii) Landscaped Open Space (minimum) 40 percent iv) Building Height (maximum) 12 metres e) Apartment building shall be permitted as follows: i) Density (maximum) 45 units per ha ii) Lot Area (minimum) 1.0 ha iii) For the purposes of this zone, the lot line dividing the lot from Concession Road 3 shall be deemed the front lot line; iv) For the purposes of this zone, the lot line dividing the lot from Middle Road shall be deemed the exterior lot line; v) Front Yard a minimum width of 4.5 metres and a maximum width of 7.5 metres; vi) Exterior Side Yard a minimum width of 4.5 metres and a maximum width of 7.5 metres; vii) Interior Side Yard (minimum) 7.5 metres viii) Rear Yard (minimum) 7.5 metres ix) Setback from the limits of a Landscaping Strip Easement shall be a minimum of 3.5 metres and a maximum width of 6.5 metres; x) Dwelling Unit Area (minimum) a) Bachelor Dwelling Unit 40 square metres; b) One Bedroom Dwelling Unit 55 square metres; c) Two Bedroom Dwelling Unit 70 square metres; and d) Dwelling Unit Containing Three or more bedrooms 80 square metres plus 7 square metres for each bedroom in excess of three. xi) Lot Coverage (maximum) 45 percent xii) Landscaped Open Space (minimum) 40 percent xiii) Building Height (maximum) 12 metres xiv) No parking spaces shall be located in any yard between a dwelling and a lot line dividing the lot from an improved public street. 4. Schedule "1" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricuttural Exception (A-1)" to "Environmental Protection (EP)" "Agricultural Exception (A-1)" to "Urban Residential (R1) Zone" "Agricultural Exception (A-1)" to" - Urban Residential Exception (R1-42) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R1- 70) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R1- 71) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-53) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-59) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2- 60) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-62) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R3-31) Zone" 5. Schedule "A" attached hereto shall form part of this By-law. 6. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2008 BY-LAW read a second time this day of 2008 BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule passed this "A" to of By-law 2008- 2008 A.D. day , < . ".; ',."' .....:.....::'1',,'... f;:J~f~~;~;, AGRICULTURAL o ..: o c:: W ...J o Q :::!; CONCESSION ROAD 3 k:,l Zoning Change From "A-1" To "EP" 1::1 Zoning Change From "A-1" To "(H)R1-70" ~ Zoning Change From "A-1" To "R1" ~ Zoning Change From "A-1" To "(H)R1-71" ~Zoning Change From "A-1" To "R1-42" ~ Zoning Change From "A-1" To "(H)R2-53" ImlI Zoning Change From "A-1" To "(H)R2-59" ~ Zoning Change From "A-1" To "(H)R2-60" I11III Zoning Change From "A-1" To "(H)R2-62" ',',',',' Zoning Change From "A-1" To "(H)R3-31" Jim Abernethy. Mayor Patti L. Barrie. Municipal Clerk DARLINGTON , Attachment 5 To Report PSD-048-0~ CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S-C-2007 -0005 any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of S-C- 2007-0005 WHEREAS General Purpose and Administration Committee on March 31, 2008, authorized the Director of Planning Services to issue draft approval for draft Plan of Subdivision S-C-2007-0005 located in Part Lot 13, Concession 3, former Township of Darlington and authorized the execution of a Subdivision Agreement with the Owner; AND WHEREAS the Owner(s) of draft Plan of Subdivision S-C-2007-0005 desires to proceed to final plan approval and to enter into a Subdivision Agreement with the Municipality of Clarington; 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation's seal, an agreement with the Owners of Plan of Subdivision S-C-2007-0005 at such time as the Subdivision Agreement has been finalized to the satisfaction of the Director of Engineering Services and the Director of Planning Services. 2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality, the conveyances of lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this day of 2008 BY-LAW read a second time this dayof 2008 BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Mayor Patti L Barrie, Municipal Clerk