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Home My WebLink AboutPSD-024-19Clarbgton Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: April 23, 2019 Report Number: PSD -024-19 Resolution Number: PD -062-19 File Numbers: ZBA2017-0028 & S -C-2017-0007 By-law Number: Report Subject: An Application by Brookfield Residential (Ontario) Limited for Draft Plan of Subdivision and Rezoning to permit the development of 25 single detached homes in Newcastle Village Recommendations: That Report PSD -024-19 be received; 2. That the application for Draft Plan of Subdivision submitted by Brookfield Residential (Ontario) Limited for 25 single detached residential units be supported subject to conditions as contained in Attachment 2 of Report PSD -024-19; 3. That the Zoning By-law Amendment application submitted by Brookfield Residential (Ontario) Limited be approved as contained in Attachment 3 of Report PSD -024-19; 4. That once all conditions contained in Zoning By-law with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 5. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -024-19 and Council's decision; and 6. That all interested parties listed in Report PSD -024-19 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -024-19 Page 2 Report Overview This report is recommending approval of applications submitted by Brookfield Residential (Ontario) Limited to permit 25 single detached dwellings in the North Village Neighbourhood of Newcastle Village. 1 Application Details 1.1 Owner: 1.2 Agent: 1.3 Proposal: 1.4 Area: 1.5 Location: 1.6 Roll Number: 1.7 Within Built Boundary: Brookfield Residential (Ontario) Limited Bryce Jordan, GHD Proposed Draft Plan of Subdivision A draft plan of subdivision consisting of 25 lots for single detached dwellings. Rezoning To rezone the lands from the existing "Agricultural Exception (A-1) Zone" to appropriate zones that permit the proposed residential development. 4.14 hectares 879 Regional Road 17, Newcastle Part Lot 28, Concession 2, former Township of Clarke (see Figure 1) 18-17-030-030-04101 No Municipality of Clarington Report PSD -024-19 2 2.1 Background Page 3 The subject applications were received on August 24, 2017 and deemed complete. Other Lands Owned By Applicant Subject Site zaA 2017-0028 Sc 2017-0007 " H IIT moa LU i 1111 "logo olloom "!WIN I ' 11 11111111_ _ Il1 ■1111111 � � IIII II 11111111111 1111 N ►�IIIIIIIII Illlill ■111111111 111111 ■11111-1■ I1111111� � ■11111 I 11111 iillllMEN 1111 Illlllllill� 11111111111 D X1111111111 MRII11[1�► I � X11111111 011lllll� = C11111111 = � Figure 1 — Key Map 2.2 The entire 4.14 hectare parcel, outlined in red in Figure 1 was purchased by Brookfield Residential (Ontario) Limited. Only the southerly 1.63 hectares is subject to the applications. The balance of the lands are identified as Other Lands Owned by Applicant and are outside the approved North Newcastle Neighbourhood Design Plan. See Figure 2. The lands located generally north of a future east -west collection road were omitted from the Neighbourhood Design Plan and draft approval because an Environmental Assessment is required for the realignment of Regional Road 17 and for the relocation of a new water reservoir on Arthur Street. Municipality of Clarington Report PSD -024-19 ` I �� - ca'+IeEssuxo-�a.�E1a ..... ..............+.............J.... i IF �i • i a I Y + 1F I I i � 1 J 1 ■� t 1 1 ' �nniaoEunu�+',+evr 1 ■ � IiA FUrURE:DEVELOPMENT 11]IlYIuIQYnlQr clallr-r xxre ■ ■ r Other Lands Owned By Applicant .� Subject Site IN 10, mmp I i Y + 1 • Y r i 3 f' f r l f 1 xa . JII I Figure 2 - Approved Neighbourhood Design Plan Page 4 Municipality of Clarington Report PSD -024-19 Page 5 2.3 The lands north of the approved draft plans identified as Future Development on Figure 2, including the Other Land Owned by Applicant will require a Secondary Plan before development can proceed. 2.4 Two abutting draft plans to the south, Smooth Run Developments (S -C 2005-004) and Brookfield Homes (S -C 2005-003) were approved by the Ontario Municipal Board in 2012. The lands subject to the current applications were not owned by Brookfield at the time of approvals. 3 Land Characteristics and Surrounding Uses 3.1 The entire 4.1 hectare parcel supports a single detached dwelling, accessory buildings and the remainder is being cultivated. The lands rise to the north east from Regional Road 17. 3.2 The surrounding uses are as follows: North - Cultivated lands, single detached dwellings and accessory buildings. South - Cultivated lands, Draft Approved Plan of Subdivision by Brookfield Homes. East - Cultivated lands, Draft Approved Plan of Subdivision by Smooth Run Developments. West - Existing rural residential development. Figure 3: Photo of Subject Lands DEVELOPMENT PROPOSAL DLhYi�6[.�V/P}4`O.i y� �w the p [nthak6y PIL*gkrrrQ, s. 33g79 e21d�p feet Figure 3: Photo of Subject Lands Municipality of Clarington Report PSD -024-19 4 Provincial Policy Provincial Policy Statement Page 6 4.1 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. New development shall occur adjacent to built-up areas, shall have compact form and a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. Provincial Growth Plan 4.2 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Newcastle Urban Area. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. 4.3 The development allows for the efficient use of land, infrastructure and public services and is consistent with the Provincial Policy Statement and the Growth Plan. The Growth Plan requires municipalities to achieve a minimum density target that is not less than 60 residents and jobs combined per hectare in the designated greenfield area and is measured across the Region of Durham. The proposed development is part of a neighbourhood where various housing types will be accommodated as development proceeds. Municipal water, sanitary sewer and transit will be made available to the site in the future. 5 Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the lands as Living Areas. Lands designated as Living Area permit the development of communities incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The proposed development conforms with the Living Area designation. Clarington Official Plan 5.2 The lands are designated Urban Residential. The Urban Residential designation is predominately intended for housing purposes. Other uses may be permitted which by the nature of their activity, scale, design and location are supportive of and compatible with residential uses. Municipality of Clarington Report PSD -024-19 Page 7 5.3 The approved Neighbourhood Design Plan will continue to provide guidance for the development of neighbourhoods unless superseded by a Secondary Plan. Only the north portion of the North Newcastle Neighbourhood and the lands west of North Street require a Secondary Plan prior to considering any applications for development. 5.4 The policies require new residential development and emerging neighbourhoods to be designed to provide for a variety of housing types and supportive land uses, including commercial and community facilities and encourage accessible, walkable neighbourhoods that prioritize pedestrians over cars and provide for a variety of uses. Neighbourhood Design Plan 5.5 The Neighbourhood Design Plan (NDP) identifies 12 lots for single detached units on the south side of the collector road and 4 lots on the north side of the road. The area at the north-west corner of the collector road and Regional Road 17 is outside the limits of the NDP, which allows for flexibility in future realignment of Regional Road 17 and future land uses at the corner. 6 Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands Agricultural Exception (A-1) Zone. A zoning by-law amendment is required to permit the single detached units. 7 Summary of Background Studies Phase 1 Environmental Site Assessment, Golder Associates 7.1 This report was prepared for the entire land parcel and based on observations, information collection and present land use, no potentially contaminating activity or areas of potential environmental concern were identified. Noise Feasibility Report, Howe Gastmeier Chapnik Limited, February 27, 2019 7.2 Noise impact on the development is generated from vehicular traffic on Regional Road 17. 7.3 Acoustic fence will be required on lots adjacent to Regional Road 17. Some lots in close proximity to the noise source will require mandatory air conditioning. 7.4 The appropriate warning clauses will be required in the Agreements of Purchase and Sale advising homeowners of potential noise generated by traffic on Regional Road 17. Municipality of Clarington Report PSD -024-19 Page 8 Functional Servicing and Stormwater Management Report, GHD August 2017 7.5 The Functional Servicing Report confirms that the sanitary sewer system and the water supply system can accommodate the proposed development once the services are extended through the next phase of development. Similarly, the stormwater management pond located at the south west -corner of Regional Road 17 and Canadian Pacific Railway has been designed to accommodate this site and the lands to the north. Archaeological Site Assessment, This Land Archaeology Inc, June 14, 2017. 7.6 A Phase 1 and Phase 2 Archaeological Site Assessment resulted in the discovery of a 19th century Euro -Canadian Site and recommends a Stage 3 archaeological investigation. 8 Public Meeting and Submissions 8.1 The Public Meeting was held on October 23, 2017. No one spoke in support or opposition to the proposal at the Public Meeting. 9 Agency Comments The Region of Durham 9.1 The Region of Durham stated that the subject lands are within the Living Area designations, Regional Planning has no objection to the applications. The applications were found to conform to the Growth Plan, the Provincial Policy Statement and the Durham Regional Official Plan. 9.2 Regional Works identified that sanitary and water services are available to accommodate these proposed lots. The development does not present any significant Regional transportation or transit impacts. 9.3 The Region's conditions are included in the proposed Conditions of Draft Approval included as Attachment 2. Ganaraska Region Conservation Authority 9.4 The Ganaraska Region Conservation Authority (GRCA) states that the proposed subdivision is dependent on development of the two draft approved plans of subdivision by Smooth Run and Brookfield, for both stormwater management and site grading. The GRCA's conditions are included in the proposed Conditions of Draft Approval included as Attachment 2. Other Agencies 9.5 Ministry of Transportation, Enbridge Gas and Rogers have no objections to the applications. Municipality of Clarington Report PSD -024-19 Page 9 10 Departmental Comments Engineering Services 10.1 The Engineering Services Department does not have any significant concerns with the proposed draft plan. The development is dependent on the two existing draft approved plans proceeding. The on -street parking plan should be revised to include the surrounding approved development and consideration given to the road grades and lot widths for driveway pairing without requiring retaining walls. Conditions of Draft Approval were provided and incorporated in the conditions contained in Attachment 2. Emergency and Fire Services 10.2 The Emergency and Fire Services Department offer no objections. Operations Department 10.3 The Operations Department offer no objections. 11 Discussion 11.1 The applications are consistent with the approved North Newcastle Neighbourhood Design Plan. The proposed lots will front onto approved road patterns in the abutting draft approved lands. The part blocks will meld with adjoining blocks in the abutting draft approved plans to form lots. The road will facilitate the completion of the east -west collector road between Regional Road 17 and Arthur Street. 11.2 As noted above, the Official Plan outlines the objective of creating walkable neighbourhoods which requires the inclusion of a variety of needs to serve neighbourhood residents. Future land uses on the north side of the east -west collector road could provide for commercial or mixed uses for this neighbourhood. 11.3 Development of this draft plan cannot proceed in isolation of the abutting draft approved plans. Its development is dependent on the servicing, stormwater management, grading and road patterns on these abutting lands. 11.4 The lands to the north, which currently supports the existing single detached dwelling and accessory buildings are outside the Neighbourhood Design Plan, and will be subject to a Secondary Plan in keeping with the Clarington Official Plan. The existing single detached dwelling and out buildings are identified on the Cultural Heritage Resource List as having heritage merit. A Heritage Impact Assessment will be required when further development applications are received on the area identified as "Other Lands Owned by the Applicant". 12 Concurrence Not applicable. Municipality of Clarington Report PSD -024-19 13 Conclusion Page 10 In consideration of the findings of all supporting studies, and agency comments and based on review of the proposal, staff recommend approval of the proposed draft plan of subdivision (Attachment 1), including Conditions of Draft Approval (Attachment 2) and Zoning By-law amendment (Attachment 3). Submitted by: Reviewed by: Michael Seaman, MCIP, RPP Director of Planning Services Andrew C. Allison, B.Comm LL.B CAO Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or cstrike(aD-clarington.net Attachment 1: Proposed Draft Plan of Subdivision Attachment 2: Conditions of Draft Approval Attachment 3: Zoning By-law The following is a list of the interested parties to be notified of Council's decision: John Oates Bryce Jordan, GHD Aidan Dekkema, Brookfield Homes David Murphy, Brookfield Homes CS/MS/nl vluwF PART LOT BLOCK 29 AJLI OGL LJ BLOCK 28 Street TCI S reet 'A' C I,mc vlyl.slG � �II;� II "v N II DEVELOPMENTS ADDRIONAL INFORMATION UNDER THE PLANNING ACT KEY PLAN -Not to Scale OTHER LANDS OWNED Ilrmw nMbn 51111) i IM 1'knNn9 Ad Inl,umalwn�q�Ir.Itl by clrls°sn,x,C IJF 1.[..AJsn mGrel,ne N°y pNne. PROPOSED Na IIIrvY W, prawn I)RAFT DRAFT PLAN BY APPLICANT OWNER'S CERTIFICATE OWNSURVEYOR'S SURPVEYORY'S CERTIFICATE 1 Ln OF SUBDIVISION OF Imkk Y I1NrlNL HOUNIwEts os rrrr lANn TGI1t: wluNwue-lTl- mxsmx,O UIE wJ.cENnNu 11N1E E PART OF LOT 28 Fra+rllavnlolJruNnweuvN BR.WIFIEL. RESIDENTLAL IONIAWU7LMII LI3 CONCESSION 2 _ u • a C-] ffi �e NYJE,OT ,',S 8 ^L, Ti I MUNICIPALITY OF CLARINGTON 'AIGNAIxNL nNIILF' UAl E 'ULf'., 14.26,6' — (GEOGRAPHIC TOWNSHIP OF CLARKE, FORMERLY VILLAGE OF NEWCASTLE) Street 'F1 REGIONAL MUNICIPALITY OF DURHAM _ — SCHEDULE OF LAND USES; Ln A SITE STATISTICS: N O LOW DENSITY RESIDENTUU. LOTS uWS E 11•m FRONTAGES- 13 1] IOETACNEDDwti UL SI O 1].l •m FRONTAGES - Iz 11 LIN SY3 4S RNn,ay Slr°°I. WNlhy Ll432 ICETACHED DWELDNGEI A TOTAL F LOTSIUNIYs s.F. RESIOE — 35 3E TelA AREAS.F.RESIDGWIAL LAND USE BLOCKS OLOCNS AREA 1.1 PART LOTS ]F-]° °,33 'P S . MnOENINc J1�T 0.01 TOTALARFA °S6 M1a J W ROADS LFNGsxI-y ABFA{ml c0 O y N W A (P Pq� l BROOKFIELD HOMES --— i01AL ANEA O.JT v - TOTAL AREA OF SUBN1155bN t,6J m PART LOT BLOCK 29 AJLI OGL LJ BLOCK 28 Street TCI S reet 'A' +m• r •� �,�•.,� rAa w �aF rm,°,Naa +.aa.sa Ne. r,�,,,n,,,ns,owAlllnurawlrgslawr.�Nywreu nNnll„xs,o-Gvrr,lm]wlx.axq �+ = Ae,o r — C A G' B R O O K F! E L D DEVELOPMENTS ADDRIONAL INFORMATION UNDER THE PLANNING ACT OVIS -- A ORIGINAL SUBMISSION SC. Ilrmw nMbn 51111) i IM 1'knNn9 Ad Inl,umalwn�q�Ir.Itl by clrls°sn,x,C IJF 1.[..AJsn mGrel,ne N°y pNne. Hl l'IplM muNcl{ml w:Nm.au{Wy II $:f::°Y. CWy KI NImmIrJp:J �,ernnn mryenn Na IIIrvY W, prawn I)RAFT r OWNER'S CERTIFICATE OWNSURVEYOR'S SURPVEYORY'S CERTIFICATE 1 Ln wF lIY- w_cNSN�m_nawxrxsa nlE sxn.Nr.I IAN.11 xLxcxruxlloKNe relo "Inry Imkk Y I1NrlNL HOUNIwEts os rrrr lANn TGI1t: wluNwue-lTl- mxsmx,O UIE wJ.cENnNu 11N1E E Ot O w n„Lp Fra+rllavnlolJruNnweuvN BR.WIFIEL. 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CC7116 Na IIIrvY W, prawn I)RAFT Drawing Revisions NNW: • IMlcu[os al9nulurua rm nNUWi Gran of drawlrg nr L,al reWxV°n M d,—i,,y APPROVED Al Ln PLAN S- -2 05 00 4:y F +m• r •� �,�•.,� rAa w �aF rm,°,Naa +.aa.sa Ne. r,�,,,n,,,ns,owAlllnurawlrgslawr.�Nywreu nNnll„xs,o-Gvrr,lm]wlx.axq �+ = Ae,o r — 5PW m 7 o n � Y $�� .-- xroyrloT cLOCKo5 'I L K I :. a � � '; �o k —.-- Nw'ze•rp'3 A G' STREET C e REVISED FON DRAFT APPROVAL A.G, B,J. B.J. OVIS -- A ORIGINAL SUBMISSION SC. B J. 6,4. CC7116 Na IIIrvY W, prawn MuwOtt iNwroMtttt Drawing Revisions NNW: • IMlcu[os al9nulurua rm nNUWi Gran of drawlrg nr L,al reWxV°n M d,—i,,y GHDIno, c°nmlwrmul usu. nux auu,r:mnl,rr.ry w,yw �.�°nvcxv',=Iwnl w,ra ur., °owr Aeraui xnru GHu nna ayr,x,d (an yw Ihly Wawllon[}}p Rw yurpeeu IurwNa it wex U.eparan°ntl maslaa Ga Us°9 Dy any otN°r p°rwn °r Many mM1°r lxrp°F6. Al C � — STREET C ` J s 0 0 20 30 99 5Un E a — m SCALE 1',1419 0.T DHIGINAL 51ZE 1 — nw Ln A W N O cp — Cp @ y LIN SY3 4S RNn,ay Slr°°I. 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Jordan w! t_ S,e r� g• (Prolccl Dkacmrl Date OCTOBEFZ2016 Prnjrcl R OrayAn,l Nn, Original Size Arch D 11116916-DP2 N_ B Clarington Conditions of Draft Approval File Number: S -C 2017-0007 Issued for Concurrence: March 4, 2019 Notice of Decision: Draft Approved: _ Michael Seaman, MCIP, RPP Director of Planning Services Municipality of Clarington Part 1 — Plan Identification Attachment 2 to Report PSD -024-19 The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S -C-2017-0007 prepared by GHD identified as job number 11116910-DP2, dated October 2016, and revised dated January, 2019 which illustrates 25 lots for single detached dwellings and 5 part blocks for single detached dwellings, a road, a road widening and a 0.3 metre reserve and Other Lands Owned by Applicant. Part 2 — General 2.1 The Owner shall enter into a subdivision agreement with the Corporation of the Municipality of Clarington (the "Municipality") that contains all of the terms and conditions of the Municipality's standard subdivision agreement respecting the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this plan of subdivision. A copy of the Municipality's standard subdivision agreement can be found at https://www.clarington.net/en/do-business/resources/application- forms/subdivision-agreement.pdf 2.2 The Owner shall name all road allowances included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the "Region"). 2.3 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. Page 11 Architectural Control 2.4 (1) The Owner shall be 100% responsible for their proportionate cost of any architectural design guidelines specific to this neighbourhood and which shall be consistent with the guidelines prepared for the adjacent Draft Approved Plans of Subdivision S -C 2005-003 and S -C 2005-004. The Owner shall also be responsible for 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. (2) No residential units shall be offered for sale to the public on the draft plan until such time as architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning Services. (3) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan, until the architectural control guidelines for the development and the exterior architectural design of each building and the location of the building on the lot has been approved by the Director of Planning Services. Marketing and Sales 2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning Services. (2) The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning Services. (3) The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning Services which includes all warning clauses/ notices prior to any residential units being offered for sale to the public. Site Alteration 2.6 Draft plan approval does not give the Owner permission to place or dump fill or remove fill from, or alter the grade of any portion of the lands within the draft plan. The Owner shall be required to obtain a permit from the Municipality under Site Alteration By-law 2008-114, as amended, for any such work. If any portion of the lands are within an area regulated by a conservation authority, the Owner shall obtain a permit from the conservation authority in addition to obtaining approval from the Director of Engineering Services regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, road damage and dust control in accordance with the Dust Management Plan in Section 4.7. After registration of a subdivision agreement, the provisions of the Page 12 Municipality's standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. Part 3 — Final Plan Requirements 3.1 The following road allowances shown on the draft plan shall be dedicated to the Municipality upon registration of the final plan: (a) Street `A' 3.2 The Owner shall transfer to the Region (for nominal consideration, free and clear of encumbrances and restrictions) the following lands and easements: (a) a road widening to provide a minimum of 18.0 metre measured from the original centre line of Regional Road 17, along the total frontage of Regional Road 17. (b) two 14m x 7m site triangles at the intersection of Regional Road 17 and Street W. (c) 0.3 metre reserve across the frontage of Regional Road 17, abutting Lot 5 and Block 27. Phasing Plan 3.3 The Owner agrees that this subdivision must be registered and developed in one phase in conjunction with the abutting subdivision S -C 2005-004. Staging will not be permitted. Part 4 —Plans and Reports Required Prior to Subdivision Agreement/Final Plan Registration 4.1 The Owner shall submit the following plans and report or revisions thereof: Noise Report (1) The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Region, for review and approval, an updated noise report, based on the preliminary noise report entitled Noise Feasibility Study Proposed Residential Development (Allin Property) 879 North Street Newcastle Ontario, prepared by HGC Engineering, dated March 21, 2019. Functional Servicing (2) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Engineering Services and Ganaraska Region Conservation Authority. Community Theme Plan (3) The Owner shall submit a "Community Theme Plan" to the Director of Planning Services and Director of Engineering Services for approval. This plan shall be consistent with the Community Theme Plan approved for Draft Approved Plans of Page 13 Subdivision S -C 2005-003 and S -C 2005-004. Such plan shall include design concepts for a community theme 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. All Engineering Drawings shall conform with the approved Community Theme Plan. Environmental Sustainability Plan (4) The Owner shall submit an Environmental Sustainability Plan consistent with the Environmental Sustainability Plan approved for Draft Approved Plans of Subdivision S -C 2005-003 and S -C 2005-004 and to the satisfaction of the Director of Planning Services. Such plan shall identify the measures that the Owner will undertake to conserve energy and water in excess of the standards of the Ontario Building Code, reduce waste, increase recycling of construction materials and utilize non-toxic, environmentally sustainable materials and finishes. The plan shall include the location of a shade tree, or provision for a voucher from a local nursery to allow the purchaser to acquire a shade tree to provide passive solar gain during the various seasons. Soils Management Plan (5) Prior to Authorization to Commence, the Owner shall provide a Soils Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide information respecting but not limited to any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the Lands. All imported material must originate from within the Municipality of Clarington. The Owner shall comply with all aspects of the approved Soils Management Plan. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage. Dust Management Plan (6) Prior to Authorization to Commence Works, the Owner is required to prepare a Dust Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide a practical guide for controlling airborne dust which could impact neighbouring properties. The plan must: (a) identify the likely sources of dust emissions; (b) identify conditions or activities which may result in dust emissions; (c) include preventative and control measures which will be implemented to minimize the likelihood of high dust emissions; (d) include a schedule for implementing the plan, including training of on-site personnel; (e) include inspection procedures and monitoring initiatives to ensure effective implementation of preventative and control measures; and (f) include a list of all comments received from the Municipality, if any, and a description of how each comment was addressed. Page 14 Part 5 —Special Terms and Conditions to be Included in the Subdivision Agreement 5.1 The Owner shall pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes under Section 51. (1) of the Planning Act, R.S.O. 1990, c.P.13 and parkland consistent with the Memorandum of Understanding between Smooth Run Developments Inc., Brookfield Homes (Ontario) Limited and The Corporation of the Municipality of Clarington dated August 17, 2012. 5.2 Noise Attenuation (1) The Owner shall implement the noise attenuation measures recommended in the updated noise report entitled Noise Feasibility Study Proposed Residential Development (Allin Property) 879 North Street Newcastle Ontario prepared by HGC Engineering and dated March 21, 2019 (the "Noise Report"). (2) The Owner shall not make an application for a building permit for any building on the Lands until an acoustic engineer has certified that the plans for the building are in accordance with the Noise Report. 5.3 Part Lots Part Lot 26 to 30 shall be pre -serviced with water, sanitary and storm sewers, and graded, seeded and maintained by the Owner to the satisfaction of the Director of Engineering Services, until such time they are melded with blocks in the abutting draft approved plan of subdivision and available for a building permit. 5.4 Traffic The Owner shall install any traffic control measures within the draft plan of subdivision that are deemed necessary by the Director of Engineering Services or the Region of the Durham Works Department. 5.5 Storm Drainage Works and Facilities The storm drainage works and facilities for this development must be constructed in accordance with the North Village Phase 1 Stormwater Management Report, dated February 2015 prepared by GHD Ltd. and as finally approved by the Director of Engineering Services. Page 15 Part 6 — Agency Conditions 6.1 Region of Durham (1) 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 Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. (2) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (3) The Region shall be satisfied that sanitary sewer and water supply services have been installed, or shall be installed, in the abutting/adjacent plan of subdivision S -C-2005-003. (4) The Owner shall grant to the Region any easements required for provision of Regional services for this development and these easements shall be in the location and of such widths as determined by the Region. (5) All land dedications, easements, sight triangles and reserves as required by the Region for this development must be granted to the Region free and clear of all encumbrances and in a form satisfactory to the Region's Solicitor. (6) The Owner shall satisfy all requirements, financial and otherwise, of the Region. 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. (7) Prior to the finalization of this plan of subdivision, the Owner must provide satisfactory evidence to the Regional Municipality of Durham in accordance with the Region of Durham's Site Contamination Protocol, which includes, but may not be limited to the submission of a Phase One Environmental Site Assessment that is Record of Site Condition Compliant, signed by a Qualified Person and not more than eighteen months old. The Region will also require a Reliance Letter and Certificate of Insurance stating that the Region can rely on the findings of the Phase One ESA report signed by a Qualified Person. Page 16 (8) The Owner shall carry out archaeological assessment work for the subject property and mitigation and/or salvage excavation (if required) of any significant heritage resources to the satisfaction of the Ministry of Tourism, Culture and Sport. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the Ministry and a copy of this clearance shall be forwarded to the Region. (9) The Owner shall agree in the Municipality of Clarington's Subdivision Agreement to revise the noise study prepared by HGC Engineering, entitled "Noise Feasibility Study' dated July 13, 2017 and implement the recommendations of the revised report which specifies noise attenuation for the development. These measures shall be included in the Municipality's subdivision agreement an must also contain a full and complete reference to the revised noise study (i.e. author, title, dated, and revisions/addenda) and shall include any required warning clauses identified in the study. 6.2 Conservation Authority (1) Prior to the commencement of any on-site grading or construction on site or final registration of the Plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Ganaraska Region Conservation Authority (GRCA) for reports describing the following: (a) A detailed stormwater management (SWM) plan that outlines the intended means of controlling storm water run-off in terms of quantity, frequency and duration of all events up to and including the Regional Storm; (b) The intended means of conveying stormwater flow from the site, including the location and design or water quality and quantity controls using SWM techniques outlined in Provincial guidelines and GRCA Technical and Engineering Guidelines for SWM submissions. (c) An assessment of the major and minor flow systems, identifying pre -and post- construction and volumes, depths, velocities, points of discharge and proposed methods of outlet treatment; and (d) An Erosion and Sediment Control (ESC) plan and report detailing the means by which erosion and sedimentation and their impacts will be minimized on the site during and after construction, as per the Conservation Authorities Erosion and Sediment Control Guideline (2006). (2) That the Owner agree in the subdivision agreement to maintain all erosion and siltation control devises in good repair during the construction period in a manger satisfactory to the Municipality and the Ganaraska Region Conservation Authority. Page 17 (3) That the Owner acknowledges that SWM facilities for these lands are located in draft approved plan of Subdivision S -C 2005-003. The Owner must provide GRCA with a SWM Implementation Report that will address the necessary SWM required to facilitate this development. This report shall be subject to the approval of the GRCA. (4) The Owner shall satisfy all financial requirements of the Ganaraska Region Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. 6.3 Canada Post Corporation (1) The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision Lands and the provision of community mailbox locations, as follows: (a) The Owner shall advise Canada Post as to the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. (b) If applicable, the Owner shall ensure that any street facing installs have a pressed curb or curb cut. (c) The Owner shall advise Canada Post as to the expected first occupancy date and ensure the site is accessible to Canada Post 24 hours a day. (d) The Owner will consult with Canada Post and the Municipality to determine suitable permanent locations for the Community Mail Boxes. The Owner will then indicate these locations on the appropriate servicing plans. (e) The Owner agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post. (f) The Owner will be responsible for officially notifying the purchasers of the exact Community Mailbox locations prior to the closing of any home sales with specific clauses in the Purchase offer, on which the homeowners do a sign off. (g) The Owner will confirm to Canada Post that the final secured permanent locations for the Community Mailboxes will not be in conflict with any other utility; including hydro transformers, bell pedestals, cable pedestals, flush to grade communication vaults, landscaping enhancements (tree planting) and bus pads. (h) The developer agrees to include in all offers of purchase and sale a statement which advises the purchasers that mail will be delivered via Community Mail Boxes. The developer also agrees to note the locations of all Community Mail boxes, within the development, and to notify Page 18 affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Boxes. (i) The Owner will agree to prepare and maintain an area of compacted gravel to Canada Post's specifications to serve as a temporary Community Mailbox location. This location will be in a safe areas away from construction activity that have occupied prior to the pouring of the permanent mailbox pads. This area will be required to be prepared a minimum of 30 days prior to the date of first occupancy. (j) The Owner will provide a suitable and safe temporary site for a Community Mail Boxes upon approval of the Municipality (that is levelled with appropriate sized patio stones and free of tripping hazards), until curbs, sidewalks and final grading are completed at the permanent locations. Canada Post will provide mail delivery to new residents as soon as the homes or units are occupied. (k) The Owner will install concrete pads at each of the Community Mail box locations as well as any required walkways across the boulevard and any required curb depressions for wheelchair access as per Canada Post's concrete pad specification drawings. (1) Owner agrees to provide the following for each Community Mail Boxes and to include these requirements on the appropriate servicing plans (if applicable): i) Any required walkway across the boulevard, per municipal standards; and ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). Part 7 — Standard Notices and Warnings 7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27. 7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality's standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks. 7.3 The Owner shall include the following notices and warning clauses in Agreements of Purchase and Sale for the Lots or Blocks to which they apply: 7.4 Noise Report (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 1, 4, 5, 6, 7, 25: Page 19 "Purchasers/tenants are advised that sound levels due to increasing road and rail traffic may interfere with some activities of the dwelling occupants as the sound levels will exceed the Ministry of Environment Conservation and Park's noise criteria." (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lot 25: "Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Ministry of Environment Conservation and Park's noise criteria." (3) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 1, 4, 5, 6, 7, 25: "This dwelling unit was fitted with a forced air heating system and the ducting etc. sized to accommodate a central air conditioning unit. The installation of central air conditioning by the homeowner will allow windows and exterior doors to be kept closed, thereby achieving indoor sound levels within the limits recommended by the Ministry of the Environment Conservation and Parks. (Note: The location and installation of the outdoor air conditioning device should be done so as to minimize noise impacts and comply with the criteria of Ministry of Environment Conservation and Park's criteria publication MEPC - 300)" 7.5 Noise Attenuation Fencing The Owner shall include the following notice in the agreements of purchase and sale for Lots 5: "Noise Attenuation Fencing - Noise attenuation fencing is a required feature for this lot to assist in reducing the noise levels to comply with Ministry of Environment Conservation and Park's standards. This fencing must be located on the private property portion of the lot and must be designed and constructed in compliance with the criteria prepared by the Municipality of Clarington noise fencing criteria. The maintenance of this fencing is the responsibility of the owner of the lot after the developer has been released from any further responsibility for the fence." 7.6 Train Whistles The Owner shall include the following warning clause in agreements of purchase and sale for All Lots: Page 110 "Train Whistles - Purchasers and tenants are notified that despite measures to attenuate noise caused by the adjacent railway, whistling from oncoming trains may be heard on a regular basis. Train whistling protocol is regulated and enforced by Transport Canada." 7.7 Nearby Farm Operations The Owner shall include the following warning clause in agreements of purchase and sale for All Lots: "Farm Operations —There are existing farming operations nearby and that such farming activities may give rise to noise, odours, truck traffic and outdoor lighting resulting from normal farming practices which may occasionally interfere with some activities of the occupants." 7.8 Future Development The Owner shall include the following notice in the agreements of purchase and sale for Lots 1 to 17 and Block 30: "Future Development - Land surrounding this plan of subdivision are within the Newcastle Urban Area and are designated for residential development in the future. This may include developments with higher densities. " 7.9 Canada Post Corporation The Owner shall include the following notice in the agreements of purchase and sale for All Lots: "Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision." Part 8 - Clearance 8.1 Prior to final approval of the plan for registration, the Municipality's Director of Planning Services shall be advised in writing by, (a) the Region how Conditions 2.2, 3.2, 4.1 (1), 4.1 (2), 6.1, 7.4 and 7.5 have been satisfied; (b) Ganaraska Region Conservation Authority, how Conditions 6.2 have been satisfied; (c) Canada Post, how Conditions 6.3, 7.9 have been satisfied; Part 9 — Notes to Draft Approval 9.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality's standard subdivision agreement. Page 111 9.2 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. 9.3 If final approval is not given to this plan within 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. 9.4 Where an agency requirement is required to be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency 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 Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1 N 6A3 (905) 668-7721. (b) Ganaraska Region Conservation Authority, Box 328, Port Hope, Ontario LIA 3W4 (905) 885-8173. (c) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1 P 5A1 I:\^Department\Application Files\SC-Subdivision\S-C-2017\S-C-2017-0007 Brookfield\Draft Approved\Conditions of Draft Approval _4'03' 19. docx Page 112 Attachment 3 to Report No. PSD -024-19 Corporation of the Municipality of Clarington By-law Number 2019 - 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 2017-0028; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule `5' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural Exception (A-1) Zone" to "Holding - Urban Residential Exception (H) (R1-86) Zone" as illustrated on the attached Schedule `A' hereto. 2. Schedule `A' attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. By -Law passed in open session this day of 12019 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2019- , passed this day of , 2019 A.D. U CONCESSION ROA03 CONCESSIO _h 3¢ T a 0 a 0 r r w � y o F K MON ROE STREET W O MONROE STREET E Will Zoning Change From'A-1' To'(H)R1-86' N Newcastle • ZBA 2017-0028 • Schedule 5 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk