HomeMy WebLinkAboutPSD-100-08C~arington REPORT
Leading the Way
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITiT`EE /~
Date: Monday, October 6, 2008 ~ 50l ~ ~ C`Y~~ ~ r A~ 535
Report #: PSD-100-08 File #: COPA 2007-0007, By-law #:a00~'I7O
ZBA 2007-0031 and S-C-2007-0007 ~00~~171
0 o,y-17
Subject: PROPOSED OFFICIAL PLAN AMENDMENT, REZONING AND PLAN OF
SUBDIVISION TO DELETE A SECONDARY SCHOOL SITE AND TO PERMIT
THE DEVELOPMENT OF 90 SINGLE DETACHED DWELLINGS AND 66
BLOCK TOWNHOUSE DWELLINGS
APPLICANT: PRESTONVALE HEIGHTS LIMITED
RECOMMENDATIONS:
It is respectfully recommended .that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-100-08 be received;
2. THAT Amendment No. 65 to the Clarington Official Plan as submitted by Prestonvale
Heights Limited to delete the requirements for a Public Secondary School and to permit
the development of 90 lots for single detached dwelling units and a block for 66
townhouse units as contained in Attachment 2 be ADOPTED and the By-law contained
ih Attachment 3 be PASSED;
3. THAT the application for proposed draft Plan of Subdivision S-C-2007-0007 submitted
by Prestonvale Heights Limited be APPROVED subject to the conditions as contained
in Attachment 5;
4. THAT the Zoning By-law Amendment application submitted by Prestonvale Heights
Limited be APPROVED as contained in Attachment 6;
5. THAT the By-law authorizing the entering into a Subdivision Agreement between the
Owner of Draft Plan of Subdivision S-C-2007-0007 and the Municipality of Clarington be
approved as contained in Attachment 7;
6. THAT the Region of Durham Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of this report and Council s decision; and
REPORT NO.: PSD-100-08 PAGE 2
7. THAT all interested parties listed in this report and any delegation be advised of
Council's decision
Submitted by: ~~!'' `~~ Reviewed by:~('~"`~ "~~~
Da id . Crome, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
TW/CP/av/df
26September 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-100-08
1.0
1.1
1.2
APPLICATION DETAILS
Applicant:
Official Plan Amendment:
p g ow ensity esi en is an
Medium Density Residential
1.3
1.4
1.5
1.6
2.0
Proposed Draft Plan of subdivision:
Prestonvale Heights Limited
PAGE 3
To amend Map A2 to delete the provision for a Public
Secondary School and to add a Medium Density Residential
symbol; amend Map H1 to increase population target of
Neighbourhood 9 - Penfound; amend Table 9-2 to increase
the Low and Medium Density housing targets, as well as the
totals for the.Penfound Neighbourhood and Courtice Urban
Area; and amend Map A -Land Use of the South-West
Courtice Secondary Plan by deleting the Public Elementary
School and re lacin it with L D R ~d t' I d
The proposed Draft Plan of Subdivision includes 156
residential units consisting of 18 lots for 11 metre single
detached dwellings, 59 lots for 12 metre single detached
dwellings, 4 lots for 13.7 metre single detached dwellings, 9
lots for 15 metre single detached dwellings and a block for
66 block townhouse dwellings.
Rezoning: To change the current zoning to permit the development of
the proposed Draft Plan of Subdivision.
Site Area: 6.657 hectares (16.449 acres)
Location: The subject lands are located on the west side of Prestonvale
Road, north of Bloor Street and west of Meadowglade Road
(Attachment 1).
BACKGROUND
2.1 The subject property was identified as a secondary school block within a draft approved
Plan of Subdivision. The lands were subsequently registered as a block for a Public
Secondary School in May 2003. The School Board's option on the property has since
expired.
On May 29, 2007 Staff received applications to amend the Official Plan and Zoning By-
law along with an application requesting approval of a Draft Plan of Subdivision. A
Noise Impact Study and a Functional Servicing Brief were submitted in support of the
applications. In order to deem these applications complete, a Phase 1 Environmental
Site Assessment was requested. This document was submitted on October 9, 2007
and the application was deemed complete on October 17, 2007.
NO.: PSD-100-08 PAGE 4
2.2 The applicant submitted revised. Draft Plans in April and June 2008 in order to satisfy
department and agency comments. The final revision was received in September 2008.
2.3 The applicant submitted a Functional Servicing Brief, Noise Impact Study and Phase 1
Environmental Site Assessment in support of the proposed development.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject site. is currently vacant. A large mound of topsoil and rubble which was
transported to the site during the development of adjacent lands within registered. plan
of subdivision 40M-2148 has recently been removed and the lands have been prepared
for development.
3.2 The surrounding uses are as follows:
North - Dr. G.J. MacGillivray Public School
South - Residential and a vacant commercial mixed use block
East - Agricultural and large lot single detached dwellings
West - Residential
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
The applications are cansistent with the Housing policies of the 2005 Provincial Policy
Statement (PPS). Planning authorities are required to provide for a range of housing
types and densities with a ten year supply of lands which are designated, and a three
year supply of zoned and serviced lands within draft approved and registered plans.
New housing is to be directed to locations where infrastructure and public services are
available.
4.2 Provincial Growth Plan
The Provincial Growth Plan directs growth to built-up areas where the capacity exists to
best accommodate the expected population. The guiding principles include building
compact, vibrant and complete communities while optimizing the use of existing and
new infrastructure to support growth in a compact efficient form.
Greenfield areas are required to achieve a minimum density target not less than 50
residents and jobs combined per hectare. This proposal has a population projection of
approximately 444 residents or 66.72 persons per hectare. The applicant's proposal is
consistent with the Provincial Growth Plan.
REPORT NO.: PSD-100-08
5.0 OFFICIAL PLANS
PAGE 5
5.1 Durham Regional Official Plan
The lands are designated as Living Area within the Durham Regional Official Plan.
Lands designated as Living Area permit the development of communities with defined
boundaries, incorporating the widest possible variety of housing types, sizes and tenure.
The proposed uses appear to conform to the Plan.
Clarington Official Plan
The subject lands are within the South-West Courtice Secondary Plan and are
designated as Urban Residential with a Public Secondary School symbol. The lands
are within the Penfound Neighbourhood, which has a population target of 3500 people
and a housing target of 1225 units. The applicant is requesting to amend the land use
schedule to add a medium density symbol and to delete the public secondary school
provision.
An increase in the number of low density units from 1075 to 1175 and medium density
units from 75 to 150 has also been requested. This will increase the total housing units
in the Penfound Neighbourhood from 1225 to 1400; and the population projection for
the neighbourhood from 3500 to 3950.
The goals of the South-West Courtice Secondary Plan are to provide a residential living
environment that promotes a desirable quality of life and social interaction; and to
provide a broad range of housing to meet evolving needs of current and future
residents.
The Clarington Official Plan designates Bloor Street as a Type 'A' arterial road, which is
designed to move large volumes of traffic at moderate speeds over a relatively long
distance. Meadowglade Road is a Type 'C' arterial which moves lower volumes of
traffic at slower speeds over a shorter distance. Prestonvale Road is a collector road
with a purpose of moving moderate volumes of traffic over a short distance primarily to
collect traffic and distribute it among local roads, collector roads, arterial roads and
major traffic generators. Streets "A" and "B" are to be constructed as local roads.
Street 'A' will connect to Meadowglade and Prestonvale Roads.
6.0 ZONING BY-LAW
6.1 Within Comprehensive Zoning By-law 84-63 as amended the lands are zoned "Holding-
Urban Residential Exception ((H)R1-42)". This zoning is specific to a school use hence
the need for the rezoning. The recommendations of the report support a rezoning to
implement the proposed draft plan of subdivision.
7.0 PUBLIC SUBMISSIONS
7.1 A Public Meeting was held on December 3, 2007. Hugh Neill, a neighbouring land
owner, indicated that he objected to the proposal and that the details of his objection
were sent to the Planning Department. The following outlines the objections contained
in the letter.
REPORT NO.: PSD-100-08 PAGE 6
Less medium density homes and more low density homes should be planned
and built;
Homes on Prestonvale should be similar to the existing homes and should have
driveway turnarounds to eliminate backing on to Prestonvale Road;
Traffic calming should be continued on Prestonvale;
Street A should not be aligned with Partner Drive and should only have access
onto Meadowglade Road; and
Traffic lights should be installed at Prestonvale and Meadowglade and
Meadowglade and Bloor.
7.2 No other inquiries were received on the proposed applications.
8.0 AGENCY COMMENTS
8.1 Clarington Emergency and Fire Services, Clarington Building Division and Hydro One
offered no concerns or objections to the proposal. Durham Region Planning
Department, Bell Canada and Enbridge Gas Distribution Inc. offered no objections to
the proposal and asked that standard conditions be included in the conditions of draft
approval
8.2 Previous comments provided by the Central Lake Ontario Conservation Authority
(CLOCA) regarding overland drainage from the school property to the north were
addressed by the applicant. CLOCA provided standard conditions for inclusion in the
Conditions of Draft Approval for the proposed subdivision.
8.3 The Kawartha Pine Ridge District School Board had been concerned with a proposed
walkway between lots 7 and 8 due to its location in relation to a blind spot on the school
property. The walkway was proposed to accommodate overland flows from the school
site to the south. Rather than the walkway a 3 metre wide easement which
accommodates a rear yard catchbasin is proposed. This solution has been reviewed
and deemed acceptable by the Engineering Services Department.
8.4 The applicant has addressed comments previously provided by the Engineering and
Operations Services Divisions through submission of the revised draft plan. Their
conditions and requirements are contained in the Conditions of Draft Approval.
9.0 STAFF COMMENTS
9.1 The Clarington Official Plan was prepared to provide for two Public Secondary Schools
to serve Courtice and surrounding rural areas anticipating a future population in
Courtice of 45,000. Given that the existing Courtice Secondary School was in the north-
east quadrant of Courtice, a site for a second school was selected in the south-west
quadrant to provide for geographic separation. Since the School Board is not
proceeding with acquiring the lands due to funding constraints, and reduced enrolments
there is no other site identified for a future secondary school in Courtice. While there
may be other opportunities a future change to the Official Plan will be required to
provide for a Secondary School.
REPORT NO.: PSD-100-08
PAGE 7
9.2 Planning Staff consulted with the Director of Engineering Services to ensure access to
individual lots near the intersection of Bloor Street would not be a concern from a traffic
perspective. Engineering Services would have identified the need for street lights and
traffic calming measures, through their review of the application based on current
guidelines. The applicant also increased the frontage of the lots near the intersection
from 13.7 metres to 15 metres, eliminating one lot with direct access onto Prestonvale
Road.
9.3 The concept for the Medium Density block was previously provided. It depicted units
fronting onto Bloor Street and Meadowglade Road. This same premise was used to
complete the Noise Study. This layout will prevent the need for arterial noise fencing
and will be carried forward during the review of the site plan application.
9.4 Prior to scheduling a recommendation report to Committee and Council on a draft plan
of subdivision application, a list of the proposed conditions of draft approval were
submitted to the applicant for their review and. concurrence. The purpose of this
exercise is to determine if there are any conditions of draft approval that the applicant
does not agree with anjd that they be identified for further discussions purposes. The
applicant has provided concurrence with the attached Conditions of Draft Approval.
10.0 CONCLUSIONS
10.1 In consideration of the comments received from circulated agencies and review of the
proposal, staff recomrriend:
Adoption of Official Plan Amendment No. 65 as contained in Attachment 2 and
approval of the By-law as contained in Attachment 3;
Approval of the.. Draft Plan of Subdivision S-C-2007-0007, as contained in
Attachment 4, subject to the conditions contained in Attachment 5; and
Rezoning the subject lands within the plan of subdivision, as contained in
Attachment 6.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Amendment to the Clarington Official Plan
Attachment 3 - By-law to Adopt Official Plan Amendment No. 50
Attachment 4 - Proposed Draft Plan of Subdivision S-C-2007-0007
Attachment 5 - Conditions of Draft Approval
Attachment 6 - Zoning By-law Amendment
Attachment 7 - By law Authorizing Subdivision Agreement
List of interested parties to be advised. of Council's decision:
Prestonvale Heights Limited Geranium Corporation
Sernas Associates Hugh Neill
Kawartha Pine Ridge District School Board
Attachment 1
To Report PSD-100-08
..
e
~
E
~
C ~
~ ~ C d J
p ~ Vps r ~ G O~ /
ti\
~
g
~ ~ C
O W O~ ~
O C
W
c '~
1
]
S
O Q ~ ~
_
O •~ Z
i a
apn
rvrcrv
N .
~ ~ ~ g a~ y
~ n a ~
N C9 V ~ a
a
0 M hD!?WlWIH <
4 o
Z M
z ~
a
d
a ~,W,,,,,, ~ ~
~ O C
N R ~
t0 c
;
~ ~ p ~
~ ~ V
a~~saN ~a -
-~~ o -
e o
- _
~
F6 NJOIB~ - . 6u ua 56 NIB
1
~
d@a y~,.~~ 7 ~ ~ PPOb w~~F
ry _ _
Ir
O 1 S
~ d
n
I
~~~
n
-
~
~ ~
I
~~ ~i ~
w a
ICI
~ ~ ~a I
~
_ __
_
~_,_ i
~~
w~
~o
~ ~~
a
^~
~
~
\
~ ~
\ Vi ~w~_
~
1~
m
¢ o
u
~ /~
/
~ M ~ a
a ~V
~ ~
E
U
~~~bl °~' m v Y ~ O o~ ~~
~
~b~~ _ ~m~~ ~
~
~
~ ~ °E~_ ~ v~
~
~ ~
~o
~
`
~
~
o
~ ~
~ ~ v
/~
\\\
~~
~
Attachment 2
To Report PSD-100-08
AMENDMENT NO. 65
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this amendment to the Clarington Official Plan and
the South-West Courtice Secondary Plan is to delete a public
secondary school symbol and add a Medium Density Residential
symbol in the Penfound neighbourhood, and adjust the
neighbourhood housing targets accordingly.
LOCATION: The subject site is located on the northwest corner of Prestonvale
Road and Bloor Street, within Part of Lot 34, Concession 2, in the
former Township of Darlington.
BASIS: This amendment is based on Council's consideration of an Official
Plan Amendment Application (COPA 2007-0010) submitted by
Sernas Associates, on behalf of Prestonvale Heights Limited.
ACTUAL
AMENDMENT: A) The Clarington Official Plan is hereby amended as follows:
i) By amending Map "A2", as indicated on Exhibit 'A'
attached to this amendment.
ii) By amending Map "H1", as indicated on Exhibit `B'
attached to this amendment.
iii) By amending Table 9-2 by:
a. Adjusting the housing targets for the Penfound
neighbourhood (N9) as follows:
Low Density units from "1075" to "1175"
Medium Density units from "75" to "150"
Total housing units from "1225" to "1400"
b. Adjusting the housing total for the Courtice
area as follows:
Total Low Density units from "8775" to "8875"
Total Medium Density units from "1735" to 1810"
Total housing units from "12918" to "13093"
i r ii ~y p
~ t t j~(~{ 'r [ t4 ~~' i iy ~ li ~ [~g ~ (i ii~, ~TYi i l° i i ~ i .i ~ u,(~ii~ Vt .~~i~`i
1 ~ I lli~~7 , ~., i( i;li I~ I~ ~i it ~t, [I~Pii ~~~ ~f i(~~
~; ~ ~ ~ ,
~W~1 a Area , ,'
(~°f~ei ~6a ~~~~ ~ ` ~ ~ ous`n _Uniis ~~ i~,u ~~~~ ,;i, ,~,iil°„ ,1~,`~ fll~'
w Medelm ~ ; ' 117 Ih enSl wait ;, ; ,
Courtice
N9 Penfound 1,175 150 75 1,400
TOTAL 8,875 1,810 375 2,033 13,093
B) The South-West Courtice Secondary Plan is amended as
follows:
i) By amending Map 'A' -Land Use, South-West
Courtice
Secondary Plan, as indicated on Exhibit 'C' attached
to this amendment.
ii) By deleting Section 4.3 of the South-West Courtice
Secondary Plan.
IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official
Plan and South-West Courtice Secondary Plan, as amended
regarding the implementation of the Plans, shall apply to this
amendment.
INTERPRETATION: The provisions set forth in the Municipality of Clarington Official
Plan and South-West Courtice Secondary Plan, as amended
regarding the interpretation of the plans, shall apply to this
amendment.
EXHIBIT "A " TO OFFICIAL PLAN AMENDMENT
L
##&I
EI
1
.~
i
d
MAP A2
LAND USE
COURTICE URRAN AREA
OFFICIAL PLAN
MUNICIPALItt OF CLARWGTON
EECFM9ffl A. ZO.MI
/ .j ~ UR&an BWNDUrc
4lS / ~ i SR+9Y • G_a~_c~ FUTURE
i . µiY, 5 Gaul UR&W RESIOENML
5 A ,': L~ URRW RESmEHiNL
% ~ ~ ihil YEpUN CENSItt
• IIVV I ~/ I
~' ~ RESIDENML
' ! t......o~ ~ ~~ MGH OENAtt
N lM. I ll I RESICENML
~'. I -.. NNN CENiRAI MEA
.c
`J ® ~ LOCAL CFNiFAL AAFA
® ~ V f ,, ® IID 0 YW ~ILgDD
l~l~
HIGHWAY CODUERCNL
PRESTK.E
/: EMPLOYYEM AREF
INDUS1ftIgL pFEA
® .
[Cw P: 'C'~ •• '~ /,,~~ GENERµ
`M) V• --~' O ENNRONMENiAL
(M, )/ PROLECLION AREA
® lM)/, ® ~'+ GREEN SPgCE
^I Si/ ~~jJ WAiERERONi CREENWAY
s% ?\^~ Y
R E COMMUMtt PgRK
1
0 , d K ® pSTRKT PARK
Remove Public Secondary ~ NEIGNWDRNODD PARN
School Symbol ii SCCONODARY SGHOOL
1 Il SEPARATE
1 II SECONOAItY SCHOOL
1 ~,~~ _ PUDUC
/„ ~ / ~ ~ ~ ~ ELEMEMARY SCHQ'lt
.. ~ rlr~tl ~~ ~ ~ ~.n .m
LS ELEMEISiARt SCHOO!
add Medium Density ! ~ SECONDAT
residential Symbol ` - """"'"G ""~
• % - SPEGw_ vaLrr AREA
~iA{~ ~ .......... sPECU siUDY ARia
S' ~ ~ Ip GO SiALpN
l
f /
LAKE ONTAR/O
O
EXHIBIT "B"
1
4
6
10
i DARLI 8 /- -(soo-
(2100) EMILY 7 ~
~ Sf AVONDALE
Q (B ) (3600) ~
9 ~ o ~ ~~~ URBAN BOUNDARY
~ PENFOUND NEIGHBOURHOOD BOUNDARY
(3950) ~ i
I z? ~ w (~ D00) POPULATION
~~ Proposed Population I~ (~) SEE SECTION 17.8
Change From 3500 To 3950 STREET ' o
J
3' 11
° I BAYVIEw i
(4soo)
L N
1 I
~ 0 200 400 800 800 m
IIII 200 m
~~~~y~.~~~~~~~
IJ
J
MAP Hi
NEIGHBOURHOOD PLANNING UNITS
COURTICE URBAN AREA
OFFICIAL PLAN
MUNICIPALITY OF CLARINGTON
JANUARY 2, 2007
REFER TO SECTIONS 5 ANO 9
LAKE ONT,4R/O
1
I
1
~~
e~ooR
0
0
~ EXHIBIT 'C'
I
---
~~ ~ FROM: PUBLIC
~ SECONDARY SCHOOL
~,_ .aLOOR s ~ TO:
OFF, / >: LOW DENSITY RESIDENTIAL
.O ~ ,
• ,
I FROM: PUBLIC DELETE PUBLIC SECONDARY
SECONDARY .• SCHOOL SYMBOL
:.P~.• ~ SCHOOL ~ .~
TO: MEDIUM ~ ~' ~ PLANNING AREA BOUNDARY
• ~ DENSITY ~ ®FUTURE URBAN RESIDENTIAL
{ 'RESIDENTIAL ~ _' ~e ~ LOW DENSITY RESIDENTIAL
~ Q ~ MEDIUM DENSItt RESIDENTIAL
' ~ HR,Ti DENSITY RESIDENTIAL
i •~•~•~~~~~ I ~ NEIGHBOURHOOD PARK
1 ~~HP ::~
~i !.': I W ~ PARKETIE
~ ~
~ -+ ~ EN~IRONMEN TAL
~ ;•~..y., I Q D PROTECTION AREA
~ ~`~°~" ~'^i ~ ~ STORM WATER FAdlltt
1 ref <: T• '1_. I
~ ,~, „ PUBLIC
F~5 I O ® SECONDARY SCHOOL
~ - '' ®E~EwrARr sdloa
I ® EL~EM~EN7~ARV scHOa
• .~ ~ NEIGH80URHOOD CENTRE
~~,, ,,:6:.;. I a
~~, .. .r-+,:, I UTILITIES
~ ~'•c:
• y On HERITAGE HOUSE
1 ARTERIAL ROADS '1YPE A
ARTERIAL ROADS TYPE 8
i
~ ~ - ARTERIAL ROA05 TPE C
~ ••_~~~~~• COLLECTOR ROADS
~~ ~ LOCAL ROAD ACCESS
'A /\
`rT ~ ; ~ INTERSECTION IMPROYEMENi
._i
~"9 ZN • y PEDESTRIAN AND
81CYCLE ROU1E5
y" MAP A
h'~~-9 ~SpN RAILWAY
` LAND USE
'o,
SOUTH-WEST COURTICE
BASELINE ROAD SECONDARY PLAN
JANUARY 2, 2007
Attachment 3
To Report PSD-t00-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008
being a By-law to adopt Amendment No. 65 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act, R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
NOW THEREFORE the Corporation of the Municipality of Clarington deems it advisable to
amend the Clarington Official Plan and the South-West Courtice Secondary Plan to delete the
provision for a Public Secondary School and add a Medium Density Residential symbol in the
Penfound neighbourhood, and adjust the neighbourhood housing targets accordingly, to permit
the development of ninety (90) lots for single detached dwellings and a block for sixty-six (66)
townhouses;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 65 to the Clarington Official Plan, being the attached Explanatory
Text is hereby adopted.
2. That this By-law shall come into force and take effect on the date of the passing hereof.
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 2ppg
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1
J
_\
Attachment 4
To Report PSD-100-08
`-- vaovcsco
- DRAFT PLAN PoR
- 91cck185, REC6~RE0 PLAN dOM-2ME
VT1 -
` MUNICIPALITY OF CLARINGTON
(~ ReciaNAL MuwaPAUtt ar ouaxau
FEV
n. e...ve _w_a ~.. ..ev ~~.
M 51(]) OF ME PLRMIING PLi
rta~u°n~" ~ 1 v~~ ~~nio uw.
a.~w ~v nvo~ i J ~vxrsui`v ,.
Prestonvale Heights - •).O.Bam~e Limited
umrted
m a. ai
SE~NAS A530CIATlS
HUNTINGTON PHASE III
Draft Plan
aiizi
~° ~~-~
Attachment 5
To Report PSD-100-08
CONDITIONS OF DRAFT APPROVAL
FILE NO.: S-C-2007-0007
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision S-C-2007-0007 prepared by Sernas Associates identified as job number
07133, dated May 24, 2007, as revised in August 2008, which illustrates 90 lots for
single detached dwellings, a block for 66 townhouse dwellings, various blocks for road
widenings, site triangles and reserves.
FINAL PLAN REQUIREMENTS
2. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
3. The Owner shall name road allowances included in this draft plan to the satisfaction of
the Regional Municipality of Durham and the Municipality of Clarington.
4. The Owner shall ensure that the following are incorporated into the development of Plan
S-C-2007-0007;
i) Energy conservation measures for new homes, such as the construction and
operation of new residential building to a minimum rating of 80 or more in
accordance with Natural Resources Canada "EnerGuide for New Houses' or
equivalent certification system;
ii) Water conservation measures for new homes such as the Water Sense program
or equivalent program; and
iii) Use of environmentally friendly materials or finishes in the dwellings.
5. The Owner shall prepare a Community Theme and Urban Design Implementation Plan,
prior to final approval, to the satisfaction of the Director of Planning Services and
Director of Engineering Services. This Plan shall confirm and control the intended
pattern of development. The Plan shall include the proposed network of roads, transit,
pedestrian and bicycle routes, the location of specific features, sites and residential lots
within the neighbourhood such as corner lots, and T-intersections that require specific
lot and building placement, orientation and architectural features, design concepts for
community theming include gateway treatments, landscape treatments, lighting fixtures,
fencing details and related design issues for the overall design, location and
configuration of trails and open space buffers.
6. The Owner acknowledges and agrees to implement a rear yard planting program for all
lots in accordance with guidelines/terms to be established and approved by the
Municipality. Said guidelines or terms are to be approved prior to the issuance of the
first building permit. Furthermore, notice of the rear yard planting program is to be
included in all offers of purchase and sale agreements.
7. The Owner shall obtain municipal approval of the zoning for the land uses shown on the
approved draft plan in accordance with the provisions of the Planning Act.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
8. The Owner shall submit plans showing the proposed phasing to the Region and the
Municipality of Clarington for review and approval if this subdivision is to be developed
by more than one registration. The Municipality shall require the preparation of a
subdivision agreement for each phase of development.
9. That 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.
10. That the Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Engineering Services for review and
approval. All plans and drawings must conform to the Municipality's Design Criteria as
amended from time to time.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
11. All land dedications, easements, sight triangles and reserves as required by the
Municipality of Clarington for this development must be granted to the Municipality of
Clarington free and clear of all encumbrances and in a form satisfactory to the
Municipality's solicitor.
12. The Owner shall convey a 0.3 metre reserve shown as Block 92 across the entire
frontage of the draft plan along Bloor Street to the Region of Durham.
13. The Owner shall convey a 3.10 metre road widening across the entire frontage of
Prestonvale Road to the Municipality of Clarington for the purpose of widening
Prestonvale Road.
14. The Owner shall terminate any deadends and/or open sides of road allowances created
by this draft plan in 0.3 metre reserve(s) to be conveyed to the Municipality of
Clarington.
15. The Owner shall convey the 0.3 metre reserve shown as Blocks 93 and 94 on the draft
plan, to the Municipality of Clarington.
16. The Owner shall convey land to the Municipality of Clarington for park or other public
recreational purposes in accordance with the provisions of the Planning Act.
Alternatively, the municipality may accept cash-in-lieu of such conveyance for all or a
portion of the required dedication.
17. The Owner shall grant such easements as may be required for utilities, drainage and
servicing purposes to the appropriate authorities.
18. The Owner shall, if necessary, apply to the Municipality of Clarington 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.
19. The Owner shall provide and install sidewalks, street lights, temporary turning circles
etc., as per the Municipality's standards and criteria.
20. The Owner shall cause all utilities, including hydro, telephone, Cable TV, etc., to be
buried underground.
21. The Builder shall include a disclosure in all purchase and sale agreements advising
home buyers of Municipal parking regulations, to the satisfaction of the Director of
Planning Services.
22. 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.
23. The Owner shall be 100% responsible for the cost of any 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.
24. 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.
25. No residential units shall be offered for sale to the public on said plan until such time
architectural control guidelines and the exterior architectural design of each building has
been approved by the Director of Planning Services.
26. The Owner shall provide the Municipality, at the time of execution of the subdivision
agreement 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.
27. 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 changes pursuant to the Development Charge Act if any are
required to be paid by the Owner.
28. The Owner shall supply on disk, in a CAD format acceptable to the Municipality a copy
of the proposed Plan of Subdivision as Draft Approved and each 40M Plan proposed for
registration.
CONSERVATION AUTHORITY
29. Prior to any on-site grading or construction or final registration of the plan, the Owner
shall submit and obtain approval from the Municipality of Clarington, and the Central Lake
Ontario Conservation Authority 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 the provincial
guidelines. [The stormwater management facilities must be designed and
implemented in accordance with the recommendations of the Master Plan];
b) the anticipated impact of the development on water quality, as it relates to fish and
wildlife habitat once adequate protective measures have been taken;
c) the means whereby erosion and sedimentation and their effects will be minimized on
the site during and after construction in accordance with the provincial guidelines.
The report must outline all actions to be taken to prevent an increase in the
concentration of solids in any water body as a result of on-site or other related
works, to comply with the Canada Fisheries Act.
30. The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing Fees and Technical
Review Fees as per the approved Authority Fee Schedule.
31. The Owner agrees to carry out the works referred to in Condition 33 to the satisfaction
of the Central Lake Ontario Conservation Authority.
32. The Owner agrees to maintain all stormwater management and erosion and sediment
control structures operating and in good repair during the construction period in a
manner satisfactory to the Central Lake Ontario Conservation Authority.
33. The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours
prior to commencement of grading or initiation of any on-site works.
34. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to
implement the recommendation of the report, entitled "Noise Impact Study prepared by
Sernas Associates, dated May 2007 which specifies noise attenuation measures for the
development. The measures shall be included in the subdivision agreement and must
also contain a full and complete reference to the noise report (i.e. author, title, date and
any revisions/addenda) and shall include any required warning clauses identified in the
study.
35. 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, other local services and all
internal and external works and services related to this proposal.
36. 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.
37. 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.
38. The Owner shall grant to the Region of Durham, any easements required for provision
of Regional services for this development and these easements shall be in location and
of such widths as determined by the Region of Durham.
39. 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.
40. The Developer is hereby advised that prior to commencing any work within the Plan, the
Developer must confirm that sufficient wire-line communication/telecommunication
infrastructure is currently available within the proposed development to provide
communication/telecommunication service to the proposed development. In the event
that such infrastructure is not available, the Developer is hereby advised that the
Developer may be required to pay for the connection to and/or extension of the existing
communication/telecommunication infrastructure. If the Developer elects not to pay for
such connection to and and/or extension of the existing
communication/telecommunication infrastructure, the Developer shall be required to
demonstrate to the Municipality that sufficient alternative
communication/telecommunication facilities are available within the proposed
development to enable, at a minimum, the effective delivery of
communication/telecommunication services for emergency management services (i.e.
911 Emergency Services).
41. The Owner shall agree in the Agreement, to grant to Bell Canada any easements that
may be required for telecommunication services. 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 the relocation of such facilities or
easements.
42 The Owner agrees to coordinate the preparation of an overall utility distribution plan to
the satisfaction of all effected authorities.
43. The Owner shall grade all streets to final elevation prior to the installation of the gas
lines and provide the necessary field survey information required for the installation of
the gas lines, all to the satisfaction of Enbridge Gas Distribution.
44. The Owner shall ensure that all natural gas distribution systems are installed within the
proposed road allowances.
45. 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) Durham Region, how Conditions 3, 8, 12, 34, and 36-39 have been satisfied;
b) Central Lake Ontario Conservation, how Conditions 29-33 have been satisfied;
c) Enbridge Gas Distribution Inc. how Conditions 42-45 have been satisfied; and
d) Bell Canada how Conditions 40 and 41 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 are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies in order
to facilitate their clearance of conditions for final approval of this plan. The addresses
and telephone numbers of these agencies are:
a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario, LIH 3T3 (905) 579-0411.
b) Enbridge Gas Distribution Inc., P.O. Box 650, Scarborough, ON M1K 5E3
i) Bell Canada, Development & Municipal Services Control Centre, Floor 5, 100
Borough Drive, Scarborough, ON M1 P 4W2
j) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623,
Whitby, ON L1N 6A3 (905-668-7721)
To Re Attachment E
port PSD-100.08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a ey-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 ZBA 2007-0031;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1.
2.
"Section 14.6 SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE THREE (R3)
ZONE" is hereby amended by adding a new Sub-section 14.6.33 as follows:
"Section 14.6.33 URBAN RESIDENTIAL EXCEPTION (R3-33) ZONE
Notwithstanding Section 14.4, those lands zoned R3-33 on the Schedules to this By-law
shall be used for linked townhouse dwelling units subject to the following zone
regulations:
a) Density (maximum) 66 units per hectare
b) Front Yard a minimum width of 4.5 metres and a
maximum width of 6.5 metres
c) Exterior Side Yard a minimum width of 4.5 metres and
a maximum width of 6.5 metres
d) No parking spaces shall be located in any yard between a dwelling and a lot line
dividing the lot from an improved public street.
Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from:
"Holding-Urban Residential Exception ((H) R1~2) Zone" to "Holding-Urban Residential
Exception ((H)R1-70) Zone"
"Holding-Urban Residential Exception ((H) R1-42) Zone" to "Holding-Urban Residential
Exception ((H)R2-62) Zone"
"Holding-Urban Residential Exception ((H) R1-42) Zone"to "Holding-Urban Residential
Exception ((H)R2-60) Zone"
"Holding-Urban Residential Exception ((H) R1-42) Zone" to "Holding-Urban Residential
Exception ((H)R2-59) Zone"
"Holding-Urban Residential Exception ((H) R142) Zone" tc "Holding-Urban Residential
Exception ((H)R3-33) 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.
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 2D08
Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2008-
,
passed this day of , 2008 A. D.
,~Pa,A'
~
,
~,
,_
~
/ O~ Y
P~ ~~"I "L
/~}~T k
~
1``pp ~
m~„ I
/ T
'
f~ C
C T I\ L t-~_ IQI
~
I
~ ~QI
I
~
~ II
T ~ 1'1 I~~i ~I i
"i1~~Nii ~~'11
I~~ 1
J /A
J ~ I
~ ~'
i T = ~I
ml
C
.%';' ~ ~~~~ j
~ 1
;~; l
~w ~~ ~ ,
~~
~~. - ~ IW ;~,~
e~
~~
~
°~,~~ ~ ~~ ~- i;oio(~e~
I~
S rR
'~ E~1
~
F ~~~ ~ I r~
F T ~``\`0~ Reawre I~I
reM
~'
Et-gp_ _
__
_ i 4
® Zoning Change From "(H)R1-42" To "(H)R1-70"
Zoning Change From "(H)R1-42" To "(H)R2-62"
Jim Abernethy, Mcycr ® Zoning Change From "(H)R1-42" To "(H)R2-60"
® Zoning Change From "(H)R1-42" To "(H)R259"
path L. Barrie, Municipal Clerk ® Zoning Change From "(H)R1-42" To "(H)R3-33"
R
o $VTMNERI
iUPNBERRY ~ ~
~ x o
[~~ ESL`~~ 2 a
`p i
~. ~ 0.O°p
2
:URN6ERRY :FESCENJ ~ 1 k` GR G.J Ma~GNLVLGY
W MBLC El£MC I RY $C
BLOOR nREEr ~ ~ W
p
u y,
o ` o-
V
S ~
~y &~
OO
t STRfF!
Wflp VIVSON AKNU£
O
+ BEK(L LflES
~
Ar£AY/E ~ fR(A'K
~I~~~jTp
/¢/~(IL(.
t3
~3
~/~y$ MON
C
J GKWRRp GISE
2 WXEELER PVE. pENEIL ORES.
IACI/C AK B[i,1Gi I£ fAE4
[~/
~
~
~
~
~
~
~
~
~
~
\
~~f-+f~~./~
~~
/
~
~ /
~
7
PS
/ (mil ~
-
~
~
~
~
~~~
~
~
~~
~
~
/
~
~
• ,,,i iiiiill,J.L1J 1 / /
Co urtice zs,4zoo~-0ost
Attachment 7
To Report PSD-100-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to authorize entering into an Agreement with the Owners of Draft Plan of
Subdivision S-C-2007-0007, any Mortgagee who has an interest in the said Lands, and
the Corporation of the Municipality of Clarington, in respect of S-C-2D07-0007
WHEREAS the Owner(s) of Draft Plan of Subdivision S-C-2007-0007 is now ready to proceed
to finalize the Subdivision Agreement;
NOW THEREFORE BE IT RESOLVE THAT, the Council of the Corporation of the Municipality
of the Clarington enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation's seal, an
Agreement between the Owner of Draft Plan of Subdivision S-C-2007-0007.
2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality
of Clarington, the said conveyances of Lands required pursuant to the aforesaid
Agreement.
BY-LAW read a first time this day of 2008
BY-LAW read a second time this day of 2008
BY-LAW read a third time and finally passed this day of 2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk