HomeMy WebLinkAbout2000-76 t �
ISSUE DATE :
May 23, 2000
PL000109
DECISION/ORDER NO.
0765 Ontario
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
Lizjan Developments Inc. has appealed to the Ontario Municipal Board under subsection 34(11)
of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact
a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to rezone lands
respecting Part of Lot 9, Concession 2 from "A" to "R1-xx", "R2-yy" and "EP" to permit the
development of 136 residential lots
O.M.B. File No. Z000011
Lizjan Developments Inc. has appealed to the Ontario Municipal Board under subsection 51(34)
of the Planning Act, R.S.O. 1990, c. P.13,as amended,from the failure of the Regional Municipality
of Durham to make a decision respecting a proposed plan of subdivision on lands composed of
Part of Lot 9, Concession 2 in the Municipality of Clarington
Region File No. 18T-99018
O.M.B. File No. S000010 (LJf nfrom�
GL R.K ,..,..._.....
APPEARANCES : ACK By_
� ,,-.....
O�IGMAL
Parties Counsel*or Agents
Municipality of Clarington Dennis Hefferon* �-�-�-- ,
Kawartha Pine Ridge District J. Douglas Mann* w
School Board ----�°--�--- --
Lizjan Developments Inc. Julius De Ruyter J;
MEMORANDUM OF ORAL DECISION DELIVERED BY J.R. BOXMA
ON MAY 8 2000 AND ORDER OF THE BOARD
The Board was informed that this matter had settled, prior to the commencement
of the hearing. The settlement required the agreement of the Council of the Municipality
of Clarington, which was given Monday evening, March 8, 2000.
The Board heard planning evidence that the 137 unit plan of subdivision, and the
zoning by-law required, conformed to both Official Plans and was in accordance with
proper planning principles. The Board agrees.
As a result, the appeals are allowed and the zoning by-law is amended in
accordance with Attachment "1" and the draft plan of subdivision is approved in
T '
- 2 " PL000109
accordance with Attachment "2" and subject to the draft plan conditions attached as
Attachment "3". The Board, pursuant to Subsection 51(56.1) of the Planning Act, the
Region of Durham shall have the authority to clear the conditions of draft plan approval and
to administer final approval of the plan of subdivision for the purposes of subsection 51(58)
of the Act. In the event that there are any difficulties implementing any of the conditions
of draft plan approval, or if any substantive changes are required to be made to the draft
plan, the Board may be spoken to.
This is the Order of the Board.
"J.R. Boxma"
J.R. BOXMA
MEMBER
THE CORPORATION OF THE MUNICIPALITY OF PL000109
CLARINGTON
BY-LAW NUMBER 2000- 7 6
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 tfie Corporation of the Municipality of Claris
P h' gton deems it advisable to
amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle in
accordance with application ZBA 99-029 and 18T-99018 to permit the development of a residential
plan of subdivision.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1• Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL .TYPE TWO (R2)
ZONE" is hereby further amended by adding thereto, the following new Subsection
13.4.26,as follows:
"13.4.26 URBAN RESIDENTIAL EXCEPTION(R2-26)ZONE
Notwithstanding Section 13.11 iii)and 3.2,those lands zoned(R2-26)on the schedules to
this By-law shall also be subject to the following zone regulations:
a) Lot Area(minimum) 280 square metres
b) Lot Frontage(minimum)
i) interior lot 9.5 metres
i) exterior lot 11.5 metres
C) Yard Requirements(minimum)
i) front yard 6.0 metres to private garage or carport
ii) interior side and 4.5 metres to dwelling
Y 1.2 metres on one side and 0.6 metres on the
other side with attached private garage or
carport
3.0 metres on one side and 0.6 metres on the
other side without an attached private garage
or carport
iii) exterior side and
Y 3.0 metres to dwelling, 1.5 metres to
anenclosed porch"
Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (112)
ZONE" is hereby further amended by adding thereto, the following new Subsection
13.4.27,as follows:
"13.4.27 URBAN RESIDENTIAL EXCEPTION(R2-27)ZONE
Notwithstanding Section 3.11 ill)and 13.2,those lands zoned(112-27)on the schedules to
this By-law shall also be subject to the following zone regulations:
a) Lot Area(minimum) 310 square metres
b) Lot Frontage(minimum)
i) interior lot 10.5 metres
ii) exterior lot 12.5 metres
-2
C) Yard Requirements(minimum)
i) front yard 6.0 metres to private
4.5 metres to dwellings or carport
ii) interior side yard 1.2 metres on one side and 0.6 metres on the
Other side with attached private garage or
carport
" 3.0 metres on one side and 0.6 metres onAhe
Other side without an attached private garage
exterior side yard or carport
3.0 metres to dweWag, 1.5 metres to
aeelldoled porch"
Section 13.4 "SPECIAL EXCEPTIONS - URBAN
ZONE" is hereby further amended by adding thereto IDs" TYPE TWO (R2)
13.4.28,as follows: g , the following new Subsection
"13.4.28 URBAN RESIDENTIAL,EXCEPTION(R2-28)ZONE
Notwithstanding Section 13.2,those lands zoned
(112_28)on the schedules this By-law
shall also be subject to the following zone regulations:
a) Lot Frontage(minimum)
i) exterior lot
14.0 metres
b) Yard Requirements(minimum)
t) front Yard 6.0 metres to private garage or c
4.S metres to dwelling atport
ii) exterior side yard 3.0 metres to dwelling,
unenclosed porch." 15 metres to
2. Schedule"3"to By-law 84.63 as amended,is hereby further amended by changing the zone
designation from:
"Agricultural(A)Zone"to"Holding-Urban Residential Exception ,,
"Agricultural(A)Zone"to"Holding-Urban Residential Type wo((HR2)Z e.,
"Agricultural(A)Zone"to"Holding-Urban Residential Ez lion((H)R2)Zone"
"Agricultural(A)Zone"to"Holding.Urban Residential Ex eP ((H)R2.26)Zone"
"Agricultural(A)Zone"to"Holding•Urban Residential ception((H)R2-27)Zone"
"Agricultural(A)Zone"to"Environmental pro Exception((H)R2.28)Zone"
protection(EP)Zone
3. Schedule"A"attached hereto shall form part of this By-law.
4. 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
Passed by the Ontario Municipal Board
BY-LAW read a first time this 8, day of May
BY-LAW read a second time this 8 d 2000.
ay of May 2000
BY-LAW read a third time and finally passed this 8 May
day of 2000
MAYOR
. CLERK
This is Schedule "A" to By-law 2000- 76
passed this —day of May , 2000 A.D.
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ZONING CHANGE FROM "A" TO"(H)R1-42"
ZONING CHANGE FROM "A" TO44(H)R2"
ZONING CHANGE FROM "A" TO"(H)R2-26"
ZONING CHANGE FROM "A" TO44(H)R2-27"
ZONING CHANGE FROM "A" TO"(H)R2-28"
® ZONING CHANGE FROM "A" TO"EP"
MD Dr
Clerk
LOT 10 LOT 9 LOT r3
J L CONCESSION ROAD 3 L
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BOWMANVILLE
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KEY MAP
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wr•-- ;rr.-.3 .. - SCHEDULE OF LAND USE
ruM• w n: oo•n s/•ci
R•14•n11N la'M I",,4' ' MpnoflD l.rD of[ urrr
i ■ Single Detached O 9.5m
Am p `y mn i a Single Detached O 10.5m 33 lots 24.1 7.
e Smgle Detached O 12.Om <0 lots 29.2 X
r e "a n w + 64 lots 46.7 %
pueec EI•m•rirer - —!
scll••1 s n.i n s I TOTAL 137 lots 100.0 X
I 1 lfw Mro.nl 4.1 --�J I Ner[D I..O N( letr.•loca(
y x l air,• .rw
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w Residential 1-137 5.300 ha
r"h LID '((r> nn I'� Future Residential A,B 0.121 ho
Public Elementar School
'- - - W Open Space Y C 2.506 ha
•,
0 0 0100 ho
Wienng E 0.051 ho Q
0.3m Reserve Strip F 0.004 ho
3 — N
rim f Future Road 0 0.001 ho
rn .
r I n r :n w I Roads
; 1 2.523 ho
i- �I Q TOTAL
r sr I T n'r r 1 i w 10.606 ho
00 a;: StICCt A - ldiWworthAvrmr 17� -1-11- OWNER'S CERTIFICATE
N 4 SURVEYOR'S CERTIFICATE
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-- t•_ J •mrrroer,r,l ADDITIONAL INFORMATION
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I O -_ °■ 1 •■tl m l T uRt.r.'Da2m j_a � � I ,4;, DRAFT PLAN
•
of Subdivision
O _ .._.. ruw.. r > 1'`:�' - I .� _ ° 1i OF PART OF LOT S, aD
- emr r�Dam a� .. -ac ..__' �� i-It----------- 1•l CONCESSION 2,
- REGIONAL MUNICIPALITY OF pM_l�I
P A N t t3 i -8 9 0 6 4 -----1 rE.�"jr Rw•bwd: 02 M� n.
MUNICIPALITY
1 �; _
- � r s000
tt / �• I/ I
(�R aE 4u> ye e M 1:1000
�: 2170
--_ �� _ l�,i .. CADD Lb-droll
__---_ Aug 1999 D 2170.3 -
Attachment "T'
PL000109
Date : May 5, 2000
Plan of Subdivision: 18T-99018
O.M.B. File N J
O.M.B. Ca a No.: PL 000109
Municipality: Clarington
RECOMMENDED CONDITIONS OF DRAFT APPROVAL
1. That this approval applies to draft Plan of Subdivision 18T-99018 prepared by
PMG Planning Consultants, dated August 16, 1999, and revised on May 2,2000
showing Lots 57 to 59, 63 to 68, 72, 93 to 98, 101, 102, 106 to 109, 114 to 117
and 129 to 137 inclusive, for single detached dwellings with 9.5 metre lot
frontages, Lots 27, 29 to 31, 51 to 56, 60 to 62, 69 to 71, 73, 74, 79 to 81, 84 to
92, 99, 100, 110 to 113 and 121 to 124 inclusive for single detached dwellings
with 10.5 metre lot frontages, Lots 1 to 26, 28, 32 to 50, 75 to 78, 82, 83, 103 to
105, 118 to 120 and 125 to 128 inclusive for single detached dwellings with 12.0
metre lot frontages, Block C for a public elementary school, Block D for open
space, and various blocks for future residential purposes,reserve,road widening,
site triangle etc.
2. The Owner shall dedicate the road allowances included in this draft plan to the
Municipality of Clarington as public highways.
3. The Owner shall name road allowances included in this draft plan to the
satisfaction of the Regional Municipality of Durham and the Municipality of
Clarington.
4. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities.
5. The Owner shall submit to the Regional Municipality of Durham, for review and
approval, an acoustic report prepared by an acoustic engineer based on projected
traffic volumes provided by the Durham Region Planning Department and
recommending noise attenuation measures for the draft plan in accordance with
the Ministry of the Environment guidelines. The Owner shall agree in the
Municipality of Clarington subdivision agreement to implement the recommended
noise control measures. The agreement shall contain a full and complete
reference to the noise report (i.e. author, title, date and any revisions/addenda
thereto) and shall include any required warning clauses identified in the acoustic
report.
Page 2
6. Prior to any on-site grading or construction or final approval of the plan,the
Owner shall submit to, and obtain approval from the Central Lake Ontario
Conservation Authority and the Municipality of Clarington for reports describing
the following:
a) the intended means of conveying stormwater flow from the site,
including use of stormwater techniques which are appropriate and
in accordance with provincial guidelines. The stormwater
management facilities must be designed and implemented in
accordance with the recommendations of the Northeast
Bowmanville Master Drainage Study;
b) the anticipated impact of the development on water quality, as it
.relates to fish and wildlife habitat once adequate protective
measures have been undertaken;
C) the means whereby erosion and sedimentation and their effects will
be minimized the site during and after construction,in accordance
with provincial guidelines. The report must outline all actions to
be taken to prevent an increase in concentration of solids in any
water body as a result of on-site, or other related works,to comply
with the Canada Fisheries Act;
d) the means whereby flows utilizing the tributary valley will be
accommodated at the proposed valley crossing without adversely
affecting abutting lands; and
e) are-vegetation/planting plan for the proposed new edge of valley
vegetation that will result from the construction of the road
crossing.
7. Block D shall be zoned appropriately to prohibit buildings or structures with the
exception of those required for flood and/or erosion control.
8. All dwellings must be constructed such that interior noise levels meet the criteria
of the appropriate Ministry. The Owner shall complete a noise study to be carried
out by a professional noise consultant to determine what impact, if any, railway
noise residents of the proposed development and to recommend mitigation
measure to the satisfaction of C.P. Rail.
9. The Owner shall provide for the extension of such sanitary sewer and water
supply facilities which are extemal to, as well as within,the limits of this plan
which are required to service this plan. In addition, the Owner shall provide for
the extension of trunk 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 sewer and water supply facilities are to be
Page 3
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.
10. Prior to entering into a subdivision agreement, the Regional Municipality shall be
satisfied that adequate water pollution control plant and water supply plant
capacities are available to the proposed subdivision.
11. The Owner shall submit plans showing the proposed phasing to the Region for
review and approval, if this subdivision is to be developed by more than one
registration.
12. The Owner shall satisfy all requirements, financial and otherwise,of the
Municipality of Durham.. This shall include, among other matters,the execution
of a subdivision agreement between the Owner and the Region concerning the
provisions and installation of sanitary sewers,water supply, roads and other
regional services.
13. The subdivision agreement between the Owner and the Municipality of
Clarington contain, among other matters, the following provisions:
a) The Owner agrees to include provisions whereby all offers of
purchase and sales shall include information that satisfies
Subsection 59(4) of the Development Charges Act, 1997.
b) The Owner agrees to cant'out the works referred to in Condition 6
to the satisfaction of the Central Lake Ontario Conservation
Authority.
C) The Owner agrees that a clause shall be inserted in all offers to
purchase, agreements of sale and purchase or lease and in the title
deed or lease of each dwelling,waming prospective purchasers or
tenants of the existence of the Railway's operating railway right-of-
way; the possibility of alterations including the possibility that the
railway may expand its operations,which expansion may affect the
living environment of the residents notwithstanding the inclusion
of noise and vibration attenuating measures in the design of the
subdivision and individual units, and that the railway will not be
responsible for complaints or claims arising from the use of its
facilities and/or operations.
14. That the Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Public Works and the Director of Planning
and Development for review and approval. The Landscaping Plan shall reflect the
design criteria of the Municipality as amended from time to time.
Page 4 c
15. That the Owner shall retain a qualified Engineer to prepare and submit a
Hydrogeologist Report to the Director of Planning and Development to
demonstrate that the proposed development will not adversely impact the existing
wells in the surrounding areas.
16. That the Owner shall retain a professional engineer to prepare and submit a
Master Drainage and Lot Grading Plan to the Director of Public Works for review
and approval. All plans and drawings must conform to the Municipality's Design
Criteria as amended from time to time.
17. That the Owner shall retain a qualified consultant to prepare and submit a Tree
Preservation plan to the Director of Planning and Development and the Director
of Public Works for review and approval.
18. That all easements, road widenings,reserves and open space Block D as required
by the Municipality shall be granted to the Municipality free and clear of all
encumbrances.
19. That the Owner shall pay to the Municipality at the time of execution of the
subdivision agreement, five percent (5%) cash-in-lieu of parkland dedication for
residential development.
20. That the builder include a disclosure in all purchase and sale agreements advising
home buyers of municipal parking regulations.
21. That the owner acknowledges and agrees to provide two (2) outdoor parking
spaces for each single detached dwelling unit to be constructed within draft plan
of subdivision 18T-99018. Where the two outdoor parking spaces are provided
side by side, the combined minimum width of the two spaces may be reduced to
4.6 metres provided the minimum landscaped open space within the front yard is
thirty (30%)percent.
22. That any garage shall have a minimum width of 3.0 metres and a minimum area
of 18.58 m2.
23. That 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.
24. That the Owner shall erect a 1.2 metre high chain link fence along the northern
and southern boundaries of open space Block D to the satisfaction of the Director
of Public Works.
25. That the Omer construct, or cause the construction of, the unbuilt portion of
Rickaby Street within Plan of Subdivision 40M-1776 to link with Street "D" on
Page 5
this draft plan of subdivision. The Owner will be responsible for 100%of the cost
of constructing this access, including sidewalks and all other related services. On
acceptance of this portion of Rickaby Street, and sidewalk and related services by
the Municipality, the Municipality will reimburse the Owner for the costs of
construction as approved by the Director of Public Works if securities now
deposited with the Municipality by the Owner of the lands within Plan 40M-1776
can be used for this purpose.
26. That the Owner ensure that sufficient lands are conveyed to the Municipality for a
nominal consideration from the landowner identified by Assessment Roll number
18-17-020-060-110 to facilitate the construction of Street "A" in its required
width to Meanns Avenue. All municipal services shall be installed along the north
side of Street 'A'to service the lands identified by Assessment Roll number 18-
17-020-060-110 to the satisfaction of the Director of Public Works. -
27. That the Owner agrees that no Building Permit shall be issued on a Lot comprised
of Block B, as contained in this draft plan of subdivisitm,until Block 142 and
Block 141, as contained in Registered Plan 40M-1776, are appropriately
consolidated with other lands in a manner satisfactory to the Director of Planning
and Development.
28. That the Owner acknowledges that this draft plan falls within the benefiting area
of oversizing works installed by Eiram Development Corporation. The applicant
will be required to contribute an appropriate share for the cost of oversized storm
sewers and stormwater management facilities,based on a Front Ending
Agreement registered against the Owner's property that details oversized works,
benefiting areas, proportionate contribution share, and cost indexing provisions.
29. That the Owner agrees to implement all recommendations of the Environmental
Impact Study as prepared for the development. The following recommendations
shall be incorporated into the Subdivision Agreement to the satisfaction of the
Director of Planning and Development and the Director of Public Works:
a) The Owner shall preserve all trees within the hedgerow along the
northern border of the site,where feasible, to provide a buffer between
the proposed school site and the existing homes to the north. This
shall be prepared in conjunction with the tree preservation plan
identified in draft Condition number 17.
b) The Owner shall retain a qualified ecologist to consult on grading
works associated with Lot 27 and the Street D/Rickaby Street road
crossing to minimize disturbance to the valley vegetation at this
location and to minimize tree root destruction on Lot 27.
Page 6
c) The Owner shall incorporate Best Management Practices(BMP's)by
directing and discharging roof water onto pervious lawn areas to
Promote infiltration to best preserve the existing hydrologic cycle.
d) The Owner shall prepare an Erosion and Sedimentation Control Plan
for the protection of the Soper Creek tributary and valley feature to the
satisfaction of the Director of Public Works. These sediment and
erosion control measures shall be subject to frequent inspection.
e) The Owner agrees to implement the final recommendations with
respect to tree preservation, edge restoration, and vegetation
improvements within Block D.
30. That where the Director of Public Works is of the opinion that there is a lot
grading and drainage problem on a comer lot,the Owner agrees that retaining
walls shall not be utilized and the following measures will be implemented:
a) architectural treatments to a building on a comer lot to the
satisfaction of the Director of Planning and Development and the
Director of Public Works; and/or,
b) increase the exterior side yard setback to a building on a corner lot
from 3.0 metres to an appropriate exterior side yard setback of up to
6.0 metre maximum,as determined by the Director of Public Works.
31. That the 0'% mer agrees to pair dwellings with a 0.6 metre setback and pair
dwellings with a 1.2 metre setback for lots within "R2-26" and "R2-27" zones to
accommodate lot grading and drainage requirements to the satisfaction of the
Director of Public Works. Where an odd number of lots zoned "R2-26" and "R2-
27" are permitted in succession along a street, the Owner shall agree to implement
the following measures:
a) special lot grading, drainage and/or architectural treatments on the
side of the lot containing the 0.6 metre setback to the satisfaction
of the Director of Planning and Development and the Director of
Public Works; and/or,
b) increase the interior sideyard setback to a building from 0.6 metres
to an appropriate interior side yard setback of up to 1.2 metre
maximum, as determined by the Director of Public Works.
32. That the Owner agrees that the Holding(H) symbol in the zoning for Lots 129 to
137 and Blocks A and G will not be removed until such time as the adjacent plan
of subdivision 18T-89064 to the south has been registered. Lots 129 to 137 and
Blocks A and G will front on an external road and drainage from these lots will be
tributary to the storm sewers located in the adjacent subdivision. As a condition
Page 7
of removal of Holding(H) symbol from Lots 129 to 137 and Blocks A and G,
the Owner must demonstrate that all roads and services are in place and that all
costs related to these works have been paid to the satisfaction of the Director of
Public Works.
33. That the Owner agrees that the termini of Streets "A", "B", "C", "D", "E" and "F"
must be stubbed for municipal water, sanitary sewer and storm sewer to provide
for the servicing requirements of adjacent developments.
34. That the Owner agrees to provide easements for temporary taring circles as
required at the termini of Streets "C", "E" and "F". Lots 61 to 64, inclusive,Lots
110 to 113 and Lots 98 to 101, inclusive, shall not be developed until such time
that Streets "C', "E" and "F" are extended and constructed to a finished urban
roadway including full municipal services, asphalt paving, curb and gutter,
sodded boulevard and street lighting for the entire frontage abutting the frozen
lots. The easement areas will be transferred to the owners of abutting lots when
Streets "C", "E" and "F" are extended and constructed to connect with lands in the
adjacent plans of subdivision.
35. That the Owner agrees that,prior to the issuance of building permits on the lots
mentioned in condition number 25, the applicant must provide for the removal of
the temporary turning circles on Streets "C", "E" and"F". The applicant must
reconstruct the road to an urban standard, including asphalt paving, curb and
gutter, boulevard sodding, sidewalks, street lighting and street trees.
36. That the Owner will ensure that Streets "A", "B", "C", "D", "E" and "F" align with
the appropriate streets on draft approved plans of subdivision 18T-89064, 18T-
90036, 18T -95005 and Registered Plan 40M-1776.
37. That the Owner shall arrange with the Kawartha Pine Ridge District School Board
and the Owner of the lands within 40M-1776 for the conveyance to the School
Board of Block 141 before final approval of this plan of subdivision.
38. That the Owner agrees to establish a geodetic benchmark in the vicinity of the
intersection of Mearns Avenue and Longworth Avenue,which will serve as a
vertical control for the Fenwick Neighbourhood. The Owner will be responsible
for 100% of the cost of establishing this benchmark.
39. That the Owner shall provide and install sidewalks, street lights, temporary
turning circles etc. as per the Municipality's standards and criteria.
40. That the Owner shall cause all utilities, including,hydro, telephone, Cable TV,
etc. to be buried underground.
41. That the Owner shall provide the Municipality, at the time of execution of the
subdivision agreement unconditional and irrevocable Letters of Credit acceptable
Page 8
to the Municipality's Treasurer,with respect to Performance Guarantee,
Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as
may required by the Municipality.
42. That the Owner shall adhere to archrtbctural control requirements of the
Municipality.
43. That prior to the issuance of building permits,the Owner shall,through its
engineer, to provide a certification to the Director of Planning, certifying that the
Builder's plans are in accordance with the Noise Control Report as approved by
the Region of Durham and the Municipality of.Clarington.
44. That the Owner shall enter into an option to purchase with the Kawartha Pine
Ridge District School Board for Block C prior to Final Approval. The terms of
the option to purchase shall be satisfactory to the School Board.
45. That the Owner shall agree to permit the Kawartha Pine Ridge District School
Board to conduct bore hole tests on Block C to assess soil suitability for school
development purposes prior to Final Approval.
46. That the Owner agrees to construct Longworth Avenue to an appropriate width to
incorporate a bicycle lane, if required by and, to the satisfaction of the Director of
Public Works.
47. That prior to the issuance of building permits, access routes to the subdivision
must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and,
that all watermains and hydrants are fully serviced and the Owner agrees that
during construction, fire access routes be maintained according to Subsection
2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as
per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario
Fire Code.
48. That the Owner agrees that where the well or private water supply of any person
is interfered with as a result of construction or the development 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.
49. That the Owner agrees to provide the Municipality with a copy of the draft
approved and final approved plan of subdivision on disk in a CAD format in
accordance with the Municipality's criteria.
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50. Prior to final approval of this plan for registration,the Commissioner of Planning
for the Regional Municipality of Durham shall be advised in writing by:
a) The Municipality of Clarington,how conditions 1,2, 3,4, 6 and 13
to 49 all inclusive,have been satisfied;
b) The Central Lake Ontario Conservation Authority,how conditions
6, 7 and 13b)have been satisfied; and
c) Canadian Pacific Railway,how Condition 8 and 13c)have been
satisfied.
NOTES TO DRAFT APPROVAL
1. As the Owner of the proposed subdivision, it is in your interest, as well as 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.
2. All plans of subdivision must be registered in the Land Titles system within the
Regional Municipality of Durham.
3. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement shall 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) Commissioner of Planning, Planning Department, Regional Municipality
of Durham,Box 623,Whitby, Ontario, L1N 6A3. (905) 728-7731.
b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue,
Oshawa, Ontario, L1H 3T3. (905) 579-0411.
C) C.P. Rail system, 40 University Avenue, Suite 807,Toronto, Ontario, M5J
1 T 1. (416) 863-3165
4• When the Municipality passes the Zoning By-law referred to in Condition 7, a
copy of the By-law must be sent to the Central Lake Ontario Conservation
Authority to facilitate clearance of the above-noted Condition.
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