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HomeMy WebLinkAboutPSD-081-08 ii~ Cl![ilJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~esol~~O(} *E:)~n;lt1~,o~ Monday, July 7, 2008 Date: Report #: PSD-081-08 File #: SC 2007-0001 and ZBA 2007-0002 By-Iaw#: ~Oog... \1" Subject: STEPHENSON PROPOSED PLAN OF SUBDIVISION APPLICANT: PATRICIA STEPHENSON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-081-08 be received; 2. THAT the application for .Draft Approval of the proposed Plan of Subdivision submitted by Patricia Stephenson be APPROVED as contained in Attachment 2, subject to the Conditions of Draft Approval, contained in Attachment 3; 3. THAT the application for Zoning By-law Amendment, submitted by Patricia Stephenson be APPROVED as contained in Attachment 4; 4. THAT the Mayor and Clerk be authorized by By-law to enter into an Agreement with the Owners and the By-law be forwarded to Council at such time the Owners are prepared to proceed with this development; 5. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation; and 6. THAT all interested parties listed in this Report and any delegations be advised of Council's decision. ~~-~ ~ Davi~ J. ome, M.C.I.P., R.P.P. Director, Planning Services Reviewed bYO ~ 4J1.- Franklin Wu Chief Administrative Officer BR*CP*sn*df 27 June 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-081-08 PAGE 2 1.0 APPLICATION DETAilS 1.1 Applicant/Owner: Patricia J. Stephenson 1.2 Subdivision Application: To permit 28 detached lots 1.3 Rezoning Application: To implement the proposed plan of subdivision 1.4 Area: 1.84 hectares (4.55 acres) 1.5 Location: The lands front on the west side of Rudell Road between Given Road and Highway 35/115 in Newcastle Village 2.0 BACKGROUND 2.1 On December 21, 2006, Patricia J. Stephenson submitted applications for draft approval of a proposed Plan of Subdivision and Zoning By-law Amendment. The application originally proposed a total of 30 lots for single detached dwellings, the majority having a minimum 15 metre frontage, some having a 12 metre frontage. The 1.84 ha land area subject to the applications is part of a larger 21.8 ha parcel owned by the applicant. 2.2 The 1.84 ha of the applicant's land holdings are the portion of the applicant's total land holdings which front on Rudell Road. These lands are within the Foster East Neighbourhood Design Plan (NDP), approved by Council on October 16, 2006. The applications conform to the Neighbourhood Design Plan. 2.3 During the processing of these applications, the Ministry of Transportation of Ontario offered comments on the proposal's noise impact study. The Ministry's comments differed from comments made on the Neighbourhood Design Plan (NDP) for the Foster Neighbourhood and Plan of Subdivision 18T-89059 on the east side of Rudell Road. Comments and conditions on the Stephenson Proposed Plan of Subdivision by MTO required widenings and setbacks that would not allow the original street alignment as approved in the Foster East NDP to be maintained. As a consequence, lengthy discussions with the Ministry were held by staff to understand the Ministry's position and come to a resolution. This situation is discussed in greater detail in Section 9 - Staff Comments. 2.4 During the processing of the related severance application, the surveyors determined the northerly portion of Rudell Road has been closed but not conveyed. The Municipality's solicitor has confirmed that it can be re-opened by by-law. The proposed Conditions of Draft Approval include a requirement. 3.0 lAND CHARACTERISTICS AND SURROUNDING USES 3.1 The land is flat agricultural land. REPORT NO.: PSD-081-08 PAGE 3 3.2 The surrounding uses are as follows: North - South - East - West - Highway 35/115 a single detached dwelling and beyond, Given Road Rudell Road and beyond, Draft Approved Foster North Subdivision flat agricultural land 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement The subdivision is a small portion of the Foster Neighbourhood which provides for the development of over 700 units with a range of lot sizes and densities. This subdivision is consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan The Growth Plan encourages the development of "Greenfield" areas as complete communities, that support walking, cycling and the early integration of transit, a diverse mix of land uses and high quality public open spaces. The designated Greenfield areas are to achieve an overall minimum density target of 50 residents and jobs per hectare. These lands are part of a larger neighbourhood that provides for a mix of residential uses as well as land for park and school use. The proposal conforms to the Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Reaional Official Plan The Durham Regional Official Plan designates the subject lands as Living Area in the Newcastle Village Urban Area which permits the development of communities with defined boundaries. The applications conform. 5.2. Clarinaton Official Plan The Clarington Official Plan designates the subject lands as Urban Residential Area. The Foster Neighbourhood which has a Neighbourhood Design Plan that incorporates the subject lands. The applications conform. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84"63 zones the subject lands "Agricultural Exception (A-1)". The A-1 zone does not permit urban residential uses, hence the rezoning application. 7.0 PUBLIC SUBMISSIONS 7.1 As a result of the public notification process, the Planning Services Department received one e-mail comment from a neighbouring household to the west. The e-mail noted their property has always had a generous clean supply of water and they had concerns that developments east of Rudell Road could disrupt their water supply which REPORT NO.: PSO..oS1-OS PAGE 4 is vital to the household and their livestock. A standard condition of draft approval requires the Owner to provide water to anyone where well interference is proven. S.O AGENCY COMMENTS 8.1 The plan of subdivision and rezoning applications were circulated to various agencies and other departments. Durham Regional Transit, Clarington Building Division, the Separate School Board and Rogers Cable all had no concerns. Other comments received are below. 8.2 Clarington Heritage Committee requested that the same respect to Newcastle's architectural heritage over the last 100 years, be considered in the approval of this subdivision as was considered in the Foster North subdivision to the east. The Conditions of Draft Approval will require the architectural control be consistent with the character of Newcastle Village. 8.3 Ganaraska Region Conservation Authority did a preliminary review of the plan of subdivision stating the site was not in the Authority's regulated area nor affected by natural hazards or natural heritage features and on that basis had no objections in principle. 8.4 Bell and Enbridge each offered two standard conditions of draft approval which are included in Attachment 3. 8.5 Regional Planning noted the Living Area designation for the site and the subdivision's conformity to the policies for both this designation and the Regional Plan as a whole. Sanitary sewer is available by extension of the sewer on Rudell Road to the northern limits of the subdivision plan. Municipal water is not currently available to the northern portion of the site but when the Arthur Street Reservoir is replaced, forecasted for 2010, it will be available. The northern portion of the Foster North (18T-89059) subdivision east of Rudell Road is also pending construction of a new reservoir. A watermain along Rudell Road will be required to service the site and adjacent development and landowner/developer coordination would appear appropriate. Given the proximity to Highway 35/115 a noise impact study is required as are comments from the Ministry of Transportation. The noise report has been prepared and submitted. Should the proposed plan of subdivision be further revised or amended and alter the results of the noise report, a revised report will be required for review and approval by this department. The Region has no objection to draft approval of the subdivision. Seven (7) conditions of draft approval were given and they are within Attachment 3. 8.6 The Public School Board has no objections but requests sidewalks along Rudell Road. 8.7 Clarington Engineering Services had a number of comments, the key ones being: · Development of the subject plan of subdivision is premature until such time as Rudell Road has been reconstructed to a full urban standard including curbs, gutters, storm sewers, sidewalks and street illumination; · A 1.5 metre Rudell Road widening is to be dedicated to Clarington between the south limit of the subdivision and Grady Drive; · Block 29, the future development block, must be pre-serviced for all future REPORT NO.: PSD-OS1-OS PAGE 5 development and there must be pre-servicing for future Street A and future Street B; · The Owner must submit a plan drawing indicating the proposed entrance and driveway location for all corner lots. The proposed entrances must conform to all current zoning requirements. Any future dwellings constructed on corner lots within the subject draft plan must have entrances, driveways and garages that are compatible with the required plan. Kinked driveways will not be permitted. The final plan is subject to the approval of the Director of Engineering Services prior to the approval of this draft plan; · The Owner will be required to enter into a cost sharing agreement with the Municipality and the developer of draft Plan 18T-89059. The Owner will be required to pay an appropriate pro-rated share of the cost of constructing Rudell Road as well as the cost of all related works and facilities including stormwater management works. Any final decision will be made solely at the discretion of the Director of Engineering Services; These comments have been incorporated into the conditions of draft approval. 8.8 The Ministry of Transportation noted access to the subdivision is to be from municipal roads and will not be directly from Highway 35/115. All of the subdivisions features and amenities essential to the operation of the site (noise berms and walls, parking spaces, fire routes, servicing etc.) must be setback a minimum of 14 metres from the Highway 35/115 right-of-way. The developer is solely responsible for noise mitigation. Noise berms and grading is not permitted on the Highway 35/115 Corridor property and external illumination is to be away from the highway. The Ministry gave two conditions of draft approval and they are included within Attachment 3. 8.9 Clarington Emergency & Fire Services noted that streets greater than 90 metres are to be provided with a turn around for fire fighting apparatus. 8.10 Clarington Operations had no comments other than drainage plans and a stormwater management plan will be required. 9.0 STAFF COMMENTS 9.1 The proposed plan of subdivision implements the portion of the Foster East Neighbourhood Design Plan for the lands fronting on the west side of Rudell Road. Neighbourhood Design Plans are detailed and comprehensive and have conceptual plans for consideration of land use, phasing, water distribution, sanitary sewer collection, storm drainage, open space and public facilities, roads, sidewalks, trails and transit. The subdivision complies with the design concept. 9.2 The round-about at the Rudell Road/Grady Drive intersection shown in the Neighbourhood Design Plan has been removed and replaced with a more conventional intersection. This revision was undertaken at the request of the Engineering Services Department. REPORT NO.: PSD-081-08 PAGE 6 9.3 During the processing of Subdivision 18T-89059 (on the east side of Rudell Road) the Ministry commented that "all buildings and structures be setback a minimum distance of 14 metres (45 feet) from our highway property line". Since berms are not usually understood to be structures it was understood noise berms would be permitted within the setback. 9.4 On April 20, 2007, during the processing of the subject applications, the Ministry of Transportation provided detailed comments that included a condition requiring a minimum 14 metre setback, as well as 0.3 metre reserve along the frontage of Highway 35/115 was provided. Again the wording was understood to not apply to the noise attenuation berm and fence. 9.5 Comments from MTO, received in November 2007, on a revised circulation specified that the noise berm and noise walls could not be located within the 14 metre setback. The position was not consistent with previous comments and presented a problem for the subdivision and related noise attenuation design which was based on comments previously provided with the north side of the acoustic berm and parts of the acoustic fencelwall, on top of the berm, within the 14 metres. 9.6 After several discussions with MTO staff and meetings with the planning/engineering consultant it was agreed to revise the proposed plan of subdivision by adding the two most northerly lots, which require the most extensive noise attenuation, to Block 29. This allows for the most flexibility to deal with MTO comments together with a portion of the unopened Rudell Road allowance and lands within the abutting draft approved plan of subdivision 18T-89059. 9.7 Staff have reviewed the conditions of draft approval with the applicant's engineering/planning consultant. There was concern with some of the wording. However, based on revisions verbally discussed the conditions as contained in Attachment 3 were considered acceptable. 9.8 Staff and the planning/engineering consultant were able to come to an agreement on all of the 59 draft approval conditions but one - Condition 21. The above consultant objected to the wording of the condition but was unable to offer alternative wording and therefore, staff left the wording unchanged. The wording of Condition 21 is similar to wording in a condition of draft approval for the Northglen West Subdivision and has its origins in the findings of the Municipality's recently completed Financial Impact Study. 10.0 CONCLUSION 10.1 The proposal has been reviewed in consideration of the comments received from area residents and the circulated agencies, and in consideration of Provincial Policy, the Clarington Official Plan, Zoning By-law 84-63 and the Foster North Neighbourhood Design Plan. Based on the comments provided in this report, staff respectfully recommends: that staff be authorized to approve the removal of the Rudell/Grady intersection round-about; that Subdivision S-C-2007-0001 be draft approved subject to the conditions contained in Attachment 3; and the Zoning By-law Amendment as contained in Attachment 4, be approved. REPORT NO.: PSD-081-08 PAGE 7 Attachments: Attachment 1 - Site Location Key Map Attachment 2 - Subdivision Plan Attachment 3 - Conditions of Draft Approval Attachment 4 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Glenn Genge Gary & Mary Kettle Patricia Stephenson Attachmenl1 To Report PSD-081-08 1II11 -1 ~~v1ill _ IIlJ r:r--- c.:.-- ~ I~ t ~ z w ::E c NZ Ow O::E 9<( g~ N, <c>- mID NCl Z Z o N ~ .. '" to .. U ~" /' ~ ~~ ~ 1 ~ j' f- ~\ ~ ~ ~ = .. iMlUT1JGn. ~ t Le- - - c CI) E 'tI C CD .... 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V~ 'I) :~ .!.-i--V' :: ~--~ ': / , , , _ -r-..- .... ~ /~' 3/I11JO ~:Jfr1rl0()A SYWOHJ. .:1- ~ ., 'II:U ~ ~ -- ---- ., .- /' I' , ~~~ :; :1 /7 /). ' - ,,-'.. r ~ --AJI[, // ~. ~,\~\( """''''''' -- ~ 0- ~~, t\~ 'Rtf II '~' '-: h. I fJ -'-- ~ -:--- '=-.,: , [~)~~~< '" ,I J II ", .. . oj> ..,< " , ~ i '-- l' 1 Ii:o ~I ~L~; ni j~ I~ jf! ]11 /1 :1 /-. . \\'~ ~ \~ . \;< " \ \ , , -::---- ZBA 2007-0002 I SC 2007-0001 Attachment 3 To Report PSD-081-08 CONDITIONS OF DRAFT APPROVAL S-C-2007 -0001 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-G-2007-0001, prepared by D.G. Biddle & Associates Limited identified as job number 106166, and drawing number DP-1, dated December 2006, as revised and plotted June 10, 2008, and further red-line revised, which illustrates 28 lots for single detached dwelling units, two retained future development blocks, a 0.3 metre reserve, two road widening blocks and a road allowance. 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 Glarington. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. The Owner shall submit plans showing the proposed phasing to the Regional Municipality of Durham and the Municipality of Glarington for review phase and approval if this subdivision is to be developed by more than one phase/registration. The Municipality of Glarington requires the preparation of a subdivision agreement for each registration of the development. 5. 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. 6. 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. 7. 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 program has been approved except as authorized by the Municipality. 8. Any trees to be removed noted in Gondition 7, if removed by burning, shall require a permit in accordance with Open Air Burning By-law 2001-113. 9. 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. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 10. The Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. NOISE 11. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to implement the recommendations of the report entitled "Noise Impact Study for Proposed Draft Plan of Subdivision Part of Lot 31, Concession 2, Newcastle", prepared by D.G. Biddle and Associates Limited, dated September 2007, which specifies noise attenuation measures for the development. The measures shall be included in the subdivision agreement and must contain a full and complete reference to the noise report (Le. author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 12. The Owner is to demonstrate to the Clarington Building Division that prior to the issuance of a building permit, for the dwellings requiring noise attenuation measures, the recommendations of the Noise Study noted in Condition 11, will be implemented. SERVICING 13. 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. 14. 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. 15. 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. 16. Prior to the development of Block 29, the north end of the Rudell Road allowance, where proposed lotting across the road allowance is indicated, must be conveyed through a purchase made by one or both owners of Subdivisions S-C-2007-0001 and 18T-89059. 17. The Owner is responsible for all costs associated with opening the required portions of Rudell Road that are now closed. 18. Development of Block 29 and the municipal lands to the east where proposed lotting across the road allowance is indicated, cannot proceed until the Ministry of Transportation - Ontario and the Municipality of Clarington have approved the lot and dwelling design concepts including concepts for Highway 35/115 noise attenuation. 19. Block 29 and the municipal lands to the east where the proposed lotting across the road allowance is indicated must be pre-serviced (service stubbed) for all future lots to the satisfaction of the Director of Engineering Services. 20. There must be pre-servicing (service stubs) for future Street 'N (Grady Drive Extension) and future Street 'B' to the satisfaction of the Director of Engineering Services. 21. The Owner acknowledges that portions of the subject 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 reconstruction of Rudell Road to a full urban standard, including curbs, gutters, storm sewers, sidewalks and street illumination, 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. 22. 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. 23. The Owner must submit a plan drawing indicating the proposed entrance and driveway location for all corner lots at the engineering drawing submission stage. The proposed entrances must conform to all current zoning requirements. Any future dwelling constructed on corner lots within the subject draft plan must have entrances, driveways and garages that are compatible with the required plan. Kinked driveways will not be permitted. The final plan is subject to the approval of the Director of Engineering Services. 24. The Owner will be required to enter into a cost sharing agreement with the Municipality and the developer of Draft Plan 18T-89059. The Owner will be required to pay an appropriate pro-rated share of the cost of constructing Rudell Road as well as the cost of all related works and facilities including stormwater management works. Any final decision will be made solely at the discretion of the Director of Engineering Services. 25. The Owner shall convey a 1.5 metre road widening along the Rudell Road south of the Grady Drive extension to the Municipality of Clarington. 26. The Owner shall convey a 5 metre x 5 metre sight triangle at the corners of Street 'A' (Grady Drive Extension) and Rudell Road to the Municipality of Clarington. 27. The Owner shall convey a 5 metre x 5 metre sight triangle at the corners of Street 'B' and Rudell Road to the Municipality of Clarington. 28. The transition from local street to collector street on Rudell Road is to be accommodated by a 1.5 metre by 30 metre taper as red-line revised on the subject draft plan of subdivision. 29. The Owner shall convey land to the Municipality of Clarington for park or other public recreational purposes in accordance with the provision of the Planning act. Alternatively, the municipality may accept cash-in-lieu of such conveyance. 30. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 31. The Owner shall provide and install sidewalks, street lights, temporary turning circles, etc. as per the Municipality's standards and criteria. 32. The Owner shall cause all utilities, including hydro, telephone, Cable TV, within the streets of this development must be installed underground for both primary and secondary services. 33. All works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By-law and all applicable legislation and to the satisfaction of the Director of Engineering Services. 34. The Owner must meet all the requirements of the Engineering Services Department, financial and otherwise. 35. 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. 36. The Owner shall be 100% responsible for the cost of 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. The Architectural Design Guidelines shall ensure that the development is consistent with the character of the Newcastle Village and Draft Approved Plan of Subdivision 18T-89059. 37. The Owner agrees that no residential units shall be offered for sale to the pubic on said plan until such time 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 no building permit shall be issued for the construction of any building on any residential lot or block on said 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 Municipality of Clarington. 39. The Owner shall submit an Energy Management Plan to the satisfaction of the Director of Planning outlining various means that the Owner will implement to support energy conservation. The Owner shall plant a minimum of one tree in the rear yard of each home. 40. The Owner must place in all agreements of purchase and sale for the lots, a warning: "Existing and potential future agricultural operations are being conducted in the surrounding lands, in compliance with the Clarington Official Plan and Zoning By-law, other municipal and regional by-laws and provincial legislation". 41. The agricultural building located on the severed parcel associated with Land Division LD 169/2007, being in the same ownership as the subject plan of subdivision and approximately 9 metres from the Lot 9 property line must be brought into compliance with Zoning By-law 84-63 as amended, prior to final approval of the subdivision. 42. 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. 43. The Owner shall provide the Municipality of Clarington, 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. 44. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. 45. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage and other local services. SCHOOL BOARD 46. Students from this development may have to attend existing schools. Although a school site has been reserved within an adjacent plan of subdivision, a school may not be constructed for some time, if at all, and then only if the School Board authorizes funding and construction of this required school. 47. The Owner agrees to post the "Notice to Parents" (Condition 46) in all sales office centres. CONSERVATION AUTHORITY 48. This approval relates to a Draft Plan of Subdivision prepared by D.G. Biddle & Associates Limited, (Project No. 106166, Dwg. No. DP-1), dated December 2006 and as revised and plotted June 10, 2008. 49. Prior to final approval and to anyon-site grading taking place, a stormwater management report is to be prepared in accordance with current MOE criteria to the satisfaction of the Ganaraska Region Conservation Authority. 50. A report is to be prepared to the satisfaction of the Ganaraska Region Conservation Authority detailing the means whereby erosion and siltation will be minimized and contained on site both during and subsequent to the construction period in accordance with current MOE criteria. 51. The Owner agrees in the subdivision agreement to carry out or cause to be carried out the measures and recommendations contained within the reports approved under Condition 49. 52. The Owner agrees in the subdivision agreement to maintain all erosion and siltation control devices in good repair during the construction period in a manner satisfactory to the Ganaraska Region Conservation Authority. MINISTRY OF TRANSPORTATION - ONTARIO 53. The Ministry of Transportation - Ontario will require, prior to final approval, a 0.3 metre reserve extending across the entire highway frontage be conveyed by deed to the Ministry of Transportation. All deeds must be free of all encumbrances. 54. Since the subject site is within Ministry of Transportation - Ontario permit control the Owner must obtain Ministry-issued building/land use permits, as per Sec. 38(2) of the Public Transportation and Highway Improvement Act, prior to the commencement of construction. Specifically, Building/Land Use Permits are required for all structures above and below ground, including stormwater management ponds, within 46 metres of the Highway 35/115 Right-of-Way and Sign Permits are required for any signage visible to the Highway 35/115 Right-of- Way. 55. The Owner agrees that all acoustical berms, fences and/or walls are to be setback 14.3 metres from the Highway 35/115 property line. BELL CANADA 56. 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 Plan to provide communication/ telecommunication service to the proposed development. If such infrastructure is not available, the Owner is hereby advised that the Owner may be required to pay for the 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 communicationltelecommunication infrastructure, the Owner shall be required to demonstrate to the Municipality that sufficient alternative facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management (9-1-1) services. 57. The Owner shall agree in the Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services and easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the Owner shall be responsible for relocation of such facilities or easements. ENBRIDGE GAS 58. The Owner is to coordinate the preparation of an overall utility distribution plan to the satisfaction of all affected authorities. 59. The Owner shall ensure grading of all streets is to final elevation prior to the installation of the gas lines and the provision of the necessary field survey information required for the installation of the gas lines, all to the satisfaction of Enbridge Gas Distribution. 60. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) Regional Municipality of Durham, how Conditions 1, 3, 4,9, 13, 14, and 15 have been satisfied; b) Ganaraska Region Conservation Authority, how Conditions 48, 49, 50, 51 and 52 have been satisfied; c) Ministry of Transportation - Ontario, how Conditions 53, 54 and 55 have been satisfied; d) Bell Canada, how Conditions 56 and 57 have been satisfied; and e) Enbridge Gas Distribution, how Conditions 58 and 59 have been satisfied. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements must be included in the local municipal subdivision agreement, a copy of the fully executed agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Durham Region Planning Department, 605 Rossland Road East, Whitby, Ontario L 1 N 6A3 1-800-372-1102 b) Ganaraska Region Conservation Authority, Box 328, Port Hope, Ontario L1A 3W4 (905) 885-8173 c) Ministry of Transportation, Corridor Control Section, 301 St. Paul Street, 2nd Floor, St. Catherines, Ontario L2R 7R4 (905) 704-2913 d) Bell, Development & Municipal Services Control Centre, Floor 5, 100 Borough Drive, Scarborough, Ontario M1 P 4W2 e) Enbridge Gas Distribution, Area 45 Records Coordinator, P.O. Box 650, Scarborough, Ontario M1 K 5E3 Attachment 4 To Report PSD-081-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement application ZBA 2007-0002; 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 Type One ((H)R1-67)" Zone; and "Agricultural Exception (A-1)" Zone to "Holding - Urban Residential Type Two ((H)R245)" Zone. As illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall fonn 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 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 II This is Schedule "A"' passed this day to of By-law 2008- , 2008 A.D. r /-\t;l ~rY\mr- ~~~'-\L-7~~~, ~17 -~' mu~, I " " ~UU.'.....I /,': 5h~ ~' V. ,.\ \ /1 ' / / \ :~:I\\\,'ii\11 / /!\ , ',III, \ , ,'\ '!',/ \ :,'\\'~/~\ ,,\ a '---l ~ / / --f.........., ----j ~--1 /,"--, '.., - J "r- -,---- ,,--t--, ' t==::I-.. I q~~~1 , j F-- ,IC-t: =1 ~_L:J =-~ 1iH1&fAM) DRNI, " , :~, ,m,'u',..'lm, , Vi, r-: ' :,/ ; +--:-~~ ' '~i -LTJ f I - I I Jim Abernethy, Moyor ~ Zoning Change From "A-1" To "(H)R1-67" ~ Zoning Change From "A-1" To "(H)R2-45" Newcastle .J. Patti L. Barrie, Municipal Clerk ,