HomeMy WebLinkAboutPSD-081-08
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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
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To Report PSD-081-08
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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.
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~ 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
,