HomeMy WebLinkAboutPSD-036-19Clarington
Staff
Report
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Report To: Joint Committees
Date of Meeting: September 9, 2019
Submitted By:
Reviewed By:
File Number:
Faye Langmaid
Acting Director of Planning Services
Andrew C. Allison, CAO
Report Number: PSD -036-19
By-law Number:
Resolution #: JC -096-19, JC -099-19,
PD -134-19 & PD -134-19
S -C-2017-0010 (Cross reference ZBA2017-0032)
Report Subject: Application by National Homes (Prestonvale) Inc. to permit a 112 unit
townhouse development at the northeast corner of Prestonvale Road
and Bloor Street, Courtice
Recommendations:
That Report PSD -036-19 be received;
2. That the application for Draft Plan of Subdivision (S -C-2017-0010) submitted by National
Homes (Prestonvale) Inc. be supported subject to conditions as generally contained in
Attachment 1 to Report PSD -036-19;
3. That no further public meeting is required for future application for Common Elements
Condominium;
4. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD -036-19 and
Council's decision; and
5. That all interested parties listed in Report PSD -036-19 and any delegations be advised of
Council's decision.
FIFImTFlF]
Municipality of Clarington
Report PSD -036-19
Report Overview
Page 2
This is a recommendation report relating to the application for a Draft Plan of Subdivision by
National Homes (Prestonvale) Inc. on a 5.158 hectare parcel at the northeast corner of
Prestonvale Road and Bloor Street in Courtice.
The proposed revised draft plan of subdivision would create 3 blocks (2.289 hectares) for a
112 unit townhouse block, an open space block (2.691 hectares) and blocks for road
widenings.
The related rezoning application was appealed based on the lack of decision made under the
prescribed time frames of the Planning Act. A settlement was presented to the Local Planning
Appeal Tribunal on July 29, 2019 in accordance with Council's endorsement from July 2, 2019.
The Local Planning Appeal Tribunal has not issued a decision on the Zoning By-law
Amendment presented at the settlement hearing, however a decision is expected this Fall. The
conditions of draft approval include a condition that requires the rezoning of the subject lands
prior to final approval.
HER
`1611
1.6.
1.7.
Application Details
Owner/Applicant: National Homes (Prestonvale) Inc.
Agent: Weston Consulting
Proposal: Proposed revised draft plan of subdivision
To create three blocks (2.289 ha) for 112 condominium
townhouse units on a private lane network, an open space block
and road widenings.
Area: 5.158 hectares
Location: Northeast corner of Prestonvale Road and Bloor Street,
Courtice, Part of Lot 33, Concession 2, Former Township of
Darlington
Roll Number: 1817 010 060 07000 and 1817 010 060 06810
Within Built Boundary: The site is partially within the Built Boundary
F1 FITTFIF]
Municipality of Clarington
Report PSD -036-19 Page 3
2. Background
2.1 &e suhiLmMpplications were deemed complete on November 30, 2017 and circulated
aff lencies for comments. The Preliminary Site Plan Concept (Figure 1)
lwout of townhouse blocks on a network of private lanes with access points
vale Road. The current proposed unit mix is:
5 storey conventional townhouse units
18-7
_torey dual frontage townhouse units
38 storey stacked townhouse units
2.2 The draft plan of subdivision (Figure 2) proposes 3 blocks to accommodate the
townhouse development, blocks for road widenings along both Prestonvale Road and
Bloor Street, and the balance being an Open Space block (2.691 hectares) reflecting
the location of Robinson Creek and valley system.
2.3 A number of studies and reports were submitted in support of the application, including
addenda reports, and are summarized in Section 7 of this report:
2.4 The applicant hosted a Public Information Centre at Dr. G. J. MacGillivray Public
School on February 7, 2018, followed by the Statutory Public Meeting on April 3, 2019.
A summary of submissions is provided in Section 8 of this report.
2.5 the lic Meeting Report, the applicant has worked towards resolving staff,
tn blic comments. The latest draft plan of subdivision, and preliminary
n have been revised as follows:
the limit of lands to be protected and forming part of the Open Space to
hmments from the Clarington Staff and the Conservation Authority;
li eRWone single townhouse block, the draft plan now shows 3 distinct blocks
to commodate the proposed townhouse units;
Block%d unit reconfiguration resulting in a refined concept plan.
FIFImTFIF]
Municipality of Clarington
Report PSD -036-19 Page 4
Figure 1: Preliminary Site Plan Concept
Open Space
Lands To Be
Dedicated
To The
Municipality
of Clarington
!F
Future
Townhouse /
Apartment
Site
7r�r �
Bloor Street
■ ■■■111■■
Link Townhouse Dwellings (2-3 Storeys)
® Private Road
Stacked Townhouse Dwellings (Up To 4 Storeys)
Subject Property
Amenity Space / Stormwater Management
Proposed Future Trail
Visitor Parking
®Environmental Protection Area
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ads
lopF
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Municipality
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■ ■■■111■■
Municipality of Clarington
Report PSD -036-19
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11 [11=1]
Municipality of Clarington
Report PSD -036-19 Page 6
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are currently vacant, with a section of the Robinson Creek valley
system running north -south along the eastern edge of the subject lands. The table
lands closest to Prestonvale Road and Bloor Street are relatively flat, but then slope to
the east toward the valley (See Figure 3).
Figure 3: Northeast View of subject lands from Prestonvale Road/Bloor Street
3.2 The surrounding uses are as follows:
North - Existing rural residential properties along Prestonvale Road
South - 140 unit apartment/townhouse site, and 74 single detached units in draft
approved plan of subdivision (S -C-2012-0001)
East - Existing rural residential properties along Bloor Street; vacant land and the
Robinson Creek Valley
West - Existing residential neighbourhood; Dr. G.J. MacGillivray Public School
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement identifies settlement areas as the focus of growth.
Land use patterns shall be based on densities and a mix of land uses that efficiently
use land, resources and infrastructure.
4.2. Opportunities for redevelopment and intensification must be promoted. Municipalities
must provide a variety of housing types and densities, and a range of housing options
that are affordable to the area residents.
CI FITTFIFI
Municipality of Clarington
Report PSD -036-19
Page 7
4.3 Healthy and active communities should be promoted by planning public streets to be
safe, meet the needs of pedestrians, foster social interaction and facilitate active
transportation and community connectivity. Compact and diverse developments
promote active modes of transportation such as walking and cycling.
4.4 The application is consistent with the Provincial Policy Statement.
Provincial Growth Plan
4.5 The subject lands are partially within the defined Built Boundary of Courtice and
partially designated as Greenfield Area.
4.6 Growth will be accommodated by directing a significant portion of new growth to the
built up areas through intensification and efficient use of existing services and
infrastructure. A minimum of 40 percent of all residential development occurring
annually within each upper tier municipality will be within the built up area.
4.7 Within Greenfield Areas, the Growth Plan establishes minimum density targets for
residents and jobs. The current target is 50 residents and jobs per hectare measured
across the Greenfield area.
4.8 The development of complete communities is encouraged by promoting a diverse mix
of land uses, a mix of employment and housing types, high quality public open space
and easy access to local stores and services. New transit -supportive and pedestrian -
friendly developments will be concentrated along existing and future transit routes.
4.9 The application satisfies the objectives of the Growth Plan.
5. Official Plans
Durham Regional Official Plan
5.1 The subject lands are designated Living Area and located along a Regional Corridor.
Regional Corridors are higher density mixed use areas, supporting higher order transit
services and pedestrian oriented development. Corridors link Urban Growth Centres
and Regional Centres, with a focus on active transportation and transit routes.
5.2 Regional Corridors shall support an overall, long-term density target of at least 60
residential units per gross hectare and a floor space index of 2.5. Built form should be
a wide variety of building forms, generally mid -rise in height, with some higher
buildings.
CI nmTnn
Municip4wofton
Report 36W Page 8
5.3 LMcid Corridors shall be developed based on the following principles:
igher density and transit -supportive urban form;
gn to orient development to the corridor with consolidated access
Link for pedestrians and cyclists to link communities and the transit system;
Integra g new development with existing historical main streets and enhancing
cultural heritage resources.
5.4 Bloor Street is identified as a Type A Arterial Road, and a designated Transit Spine. Ir
support of existing and future transit services, development adjacent to Transit Spines
shall provide for higher densities and mixed uses, buildings oriented toward the street
to reduce walking distance to transit, facilities which support non -auto modes (bus
shelters, trails, cycling facilities) and limited surface parking.
5.5 The lands are partially within the Built Boundary and partially in the Greenfield area.
On an annual basis, a minimum of 40 percent of all residential development is to occur
through intensification inside the Built Boundary across the Region. The Clarington
urban areas shall be planned to accommodate a minimum 32 percent of all residential
development occurring annually through intensification within the built-up area. The
target of 50 people and jobs combined per gross hectare applies to the Greenfield
area.
5.6 Key Natural Heritage and Hydrologic Features are identified on the subject lands. The
location and extent are to be confirmed through appropriate studies including an
Environmental Impact Study, including the required vegetation protection zone.
5.7 The application conforms to the Regional Official Plan.
Clarington Official Plan
5.8 The Clarington Official Plan designates the lands adjacent to Bloor Street as a
Regional Corridor. Remaining lands are designated Urban Residential and
Environmental Protection area. The Urban Residential lands are considered to be
internal to the neighbourhood according to the Official Plan's locational criteria..
5.9 Regional Corridors have a minimum net density of 85 units per hectare, with buildings
heights ranging between 3 and 12 storeys. Corridors permit mixed use buildings and
apartments, while internal to the neighbourhood is to be a mix of single detached,
semi-detached and limited townhouse units, between 1 and 3 storeys.
5.10 Regional Corridors are identified as part of the Priority Intensification Areas which have
the greatest mix of uses, heights and densities. These areas are the focus of designing
the public realm and targeted for the investment in public infrastructure. Corridors are
approximately 100 metres deep.
F1 FITTFIF]
Municipsyofgton
Report F036-
5.11 ilon Corridors and Priority Intensification Areas will be designed to:
Page 9
ngs sited near the street line to contribute to a sense of enclosure and
eet edge;
the historic context;
tive ground floor uses, with entrances directly to the street;
n design with an enhanced pedestrian environment
Pr ransitions in scale to areas of lower density
Opti the use of solar energy through building orientation and design;
Mini dverse shadow and wind impacts.
5.12 i ential development will be developed on the basis of the following site
riteria:
)f the size and shape of the site;
ty with the surrounding neighbourhood;
ipact of traffic on local streets;
direct vehicular accesses from public streets, without reliance on
ea eats;
VariM&f unit designs;
TownHWses sited on blocks shall generally not exceed 50 units.
5.13 Natural Heritage Features, including the Robinson Creek, valley and woodlands are
present on the subject lands. Studies will determine the appropriate development limit
and buffers in accordance with the Official Plan.
5.14 The lands are located at the intersection of a Prestonvale Road (Type C Arterial Road
is deferred by the Region of Durham) and Bloor Street (Type A Arterial Road). Arterial
Roads have limitations with respect to access location and spacing. Noise generated
from arterial road traffic is to be mitigated.
5.15 The application conforms to the Clarington Official Plan
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone. A rezoning is
required to place lands in appropriate residential zones to implement the draft plan of
subdivision. Open space lands and their buffers would be placed in the Environmental
Protection (EP) Zone.
6.2 The concurrent Zoning By-law Amendment application was appealed on March 29,
2018 under the Planning Act provision where a decision is not made within the
prescribed timeframe of 120 days. At the settlement hearing on July 29, 2019. A
Zoning By-law Amendment was presented to the Local Planning Appeal Tribunal. The
Zoning By-law Amendment has the effect of permitting the requested density and unit
mix, while placing the Open Space lands in the Environmental Protection Zone.
F1 FITTFIF]
Municipality of Clarington
Report PSD -036-19
6.3 The Zoning By-law amendment also establishes special conditions for allowing
development to proceed by the lifting of the Holding Symbol following:
Page 10
Approval of the location and design of an outlet for stormwater management;
Approval of a tree removals and compensation plan
iii. Final approval of the subdivision, clearing of subdivision conditions, approval of
site plan drawings and execution of the development agreement.
7. Summary of Background Studies
Planning Justification Report, Weston Consulting, October 2017
7.1 The report provides planning analysis and justification for the proposal. In summary,
the applicant's planner provided the opinion that the proposed development and
associated development applications are based on good planning and urban design
principles and supported by applicable policies and the technical and supporting
studies. The author provides the opinion that the proposed development represents
good planning and should proceed through the process prescribed by the Planning
Act.
Preliminary Urban Design Brief, Weston Consulting, October 2017
7.2 This preliminary brief provides an urban design concept to demonstrate the proposed
vision and character of the proposed development. An inventory of existing
development in the neighbourhood is included in the report. The surrounding context is
predominantly low rise residential (2-3 storeys) with nearby commercial and
institutional uses including a plaza and a school. The proposed built form is suggested
to be generally consistent with the neighbourhood, and will promote connectivity,
preserve and enhance the natural environment and preserve the neighbourhood
character. The development will offer a traditional style of architecture.
Functional Servicing and Preliminary Stormwater Management Report, last
revised May 2019
7.3 The Functional Servicing and Stormwater Management Report finds that water and
sanitary services are available to service the development. Stormwater management
will be provided on-site. Stormwater will be collected and stored in underground
storage tanks with a controlled outlet to Robinson Creek Valley. The report identifies
that stormwater quality treatment can be provided with catch -basin shields and an oil -
grit separator.
Transportation Impact Study, BA Group, last revised January 2019
7.4 The report finds that there will be no negative impacts to intersections and roads as a
result of the development. Roads and intersections are designed to accommodate the
new traffic and will operate well today and in the future. Active transportation will be
promoted by connections along Prestonvale Road and Bloor Street in the form of
sidewalks and multi -use paths, with connections through the site to a future valley trail.
FIFImTFIF]
Municipality of Clarington
Report PSD -036-19 Page 11
Noise Control Feasibility Study, SS Wilson Associates, last revised January
2019
7.5 A Noise Control Feasibility Study assessed road noise in accordance with Ministry of
Environment, Conservation and Parks guidelines. Units fronting on Bloor Street and
Prestonvale will require central air conditioning to ensure windows can be closed to
mitigate traffic noise, and will require upgraded building materials (walls, windows and
doors) to meet acoustic insulation factors. Interior blocks closest to Bloor Street will
require the ducting to accommodate air conditioning in the future. The report provides
warning clauses for agreements of purchase and sale.
7.6 An updated Noise Study, based on final grading and site design, will be required as a
condition of final approval to ensure the development agreements include appropriate
conditions to mitigate noise and warning clauses.
Environmental Impact Study, Niblett Environmental Associates, last revised May
2019
7.7 The study provides an inventory of the vegetation communities on the site. The
consultant assessed the site for rare species, wildlife habitat and breeding birds.
Finally, the report provides a development limit that defines the woodland and valley
feature together with buffers in accordance with the Clarington Official Plan.
7.8 The consultant notes that the proposal would result in the loss of vegetation within the
development area. While the vegetation provides some cover for wildlife, the
vegetation to be removed is either invasive (i.e. Scots pine), lacks diversity and
understory vegetation or is uncharacteristic with the rest of the community. These
areas are outside of the adjacent valley feature and not considered significant or part
of the Natural Heritage System. Compensation will be required for these areas.
7.9 The study finds the development of the property will not have a significant impact on
the natural heritage system, EP area, significant valleyland, wetland or Robinson
Creek provided the mitigation measures and recommendations are implemented. A
number of recommendations regarding the protection of the adjacent wildlife habitat
have been made to minimize impacts during the site preparation, construction and
post -construction period.
Slope Stability Investigation, Sirati & Partners, las revised January 2019
7.10 This technical report defines the long-term stable top of the valley in accordance with
guidelines from Ministry of Natural Resources and the Conservation Authority. The
stable slope is defined by existing soil, groundwater and grade conditions, and
ensuring the limit is protected during construction and post -development. The
development must be beyond the limit of stable slope and must adhere to the
recommendations of the report.
F1 FITTFIF]
Municipality of Clarington
Report PSD -036-19 Page 12
Hydrogeological Report, Sirati & Partners, last revised May 2019
7.11 A Hydrogeological Impact Study was prepared to determine groundwater conditions.
This study analyses the condition of base flow of water; impacts to area wells used for
drinking water; provides techniques to be used during construction to address
groundwater impacts; and reviews opportunities for Low Impact Development
measures to encourage the recharge of groundwater. The study considers the
hfflkoged11lE 11 impacts resulting from the proposed development negligible.
7.12 TWioAJJWmmends the following techniques to encourage infiltration and achieve
roof run off to grassed areas
n trenches and perforated pipes
Pro,vXft of extra thick top soil
radulopes in open areas and backyards
Preliminary Tree Preservation and Compensation Plans
7.13 The applicant has engaged a Landscape Architect to determine which trees around
the perimeter of the site that can be protected; an inventory of the trees within the
development limit to be removed, and a plan for compensation plantings. The concept
of compensation is approved in principal however further study and examination of
areas for compensation is required.
Archaeological Assessment
7.14 A Stage 1 and 2 Archaeological Assessment was completed for the subject lands. The
assessment did not identify any archaeological resources or sites requiring further
assessment and no further study is required.
Environmental Site Assessment and Soils Report
7.15 The Phase One Environmental Site Assessment recommended further study and soil
testing given previous fill activities, agricultural uses and historical heating systems of
adjacent properties (i.e. underground oil tanks). A subsequent report indicated no
exceedances from the soil sampling taken onsite. A condition of subdivision approval
requires completion of environmental site assessments in accordance with provincial
and regional regulations. A condition of approval will require clearance on an updated
Environmental Site Assessment from the Region of Durham.
8. Public Process and Submissions
8.1 A Public Information Centre was held on February 7, 2018 followed by the Statutory
Public Meeting held on April 3, 2018. Notification was provided via Canada Post to all
property owners within 120 metres, signage on the property, posting on the municipal
website and included in the Planning Services Department E -update.
FIFImTFIF]
Municipality of Clarington
Report PSD -036-19
.,
Page 13
A total of 15 area residents registered as interested parties during the initial
consultation period in early 2018. However through the appeal process, 3 of those
i ftrestelEMies had participant status.
uring the review of the subject subdivision application and rezoning
;al has too much density;
mt does not fit in with character of adjacent lots; provide a similar
eighouring dwellings; taller buildings should be at rear; opposed to 4
ked townhouse units;
of road network and site design to accommodate traffic and parking;
of open space from development;
)n impacts to existing residents from blowing dirt, garbage and noise;
be compromised by additional traffic and population;
Tees and vegetation, specific concern about trees/hedges along mutual
cy;
pact to property values;
ices and amenities such as a grocery store and gas station in the
no interference with natural drainage;
involvement through drafting of zoning by-law amendment and site plan
related to items such as fences, on -street parking within site plan area.
application
9. Agency Comments
Regional Municipality of Durham
9.1 The Region of Durham has confirmed the lands are within a Regional Corridor with a
gross density target of 75 units per hectare, and a target floor space index of 2.5. The
Region finds the density and building form, of approximately 45 units per hectare, will
contribute to the corridor targets.
9.2 Regional Planning has provided standard conditions related to site contamination,
noise impacts and archaeological potential.
9.3 The Region acknowledges that the Conservation Authority must be satisfied on the
findings and recommendations of the Environmental Impact Study prior to
development.
9.4 There are no constraints with respect to water and sanitary services for the
development. The findings of the Functional Servicing Report are satisfactory,
provided the appropriate sanitary sewer design calculations are provided. Final
servicing details will be implemented at the site plan stage.
9.5 The site plan drawings must satisfy the design criteria for municipal waste pickup and
will be conditions of approval.
F1 FITTFIF]
Municipality of Clarington
Report PSD -036-19
Page 14
9.6 The Region is satisfied that the findings of the Traffic Study confirm the development
will not have a significant impact on the Regional road network. A regional road
widening is required along Bloor Street. The Region also requests as a condition of
approval that National Homes provide access easements over their lands to allow
access for the adjacent Bloor Street properties as they redevelop.
Central Lake Ontario Conservation Authority
9.7 CLOCA has provided their concurrence on the development limit, as supported by the
Environmental Impact Study, Geotechnical and Soils Investigations and the Slope
Stability Study. A site visit confirmed top -of -bank along the valley system.
9.8 CLOCA recognizes that additional design work and justification must be completed
with respect to stormwater management, low impact development measures, design
and location of the outlet in the valley, and tree removals and compensation. This work
will be prepared by qualified consultants, including an update to the Environmental
Impact Study. CLOCA supports the special conditions for the removal of the Holding
Symbol on the zoning and conditions of draft approval will ensure the technical studies
are complete prior to development.
9.9 Any proposed compensation and enhancement is to occur prior to the removal of the
feature itself. The compensation plan will also including a monitoring program.
9.10 CLOCA has provided conditions of approval and are included in Attachment 1.
Kawartha Pine Ridge District School Board
9.11 The School Board has no concerns at this time and request updates regarding
changes to the proposal that may impact future school accommodation plans.
Elementary students (JK to Grade 6) will attend Dr. G.J. MacGillivray Public School,
while students in Grades 7 to 12 will attend Courtice Secondary School.
Other Agencies
9.12 Canada Post, Enbridge, Rogers have provided standard comments and conditions of
approval.
10. Departmental Comments
Engineering Services
10.1 Engineering Services has no objection to the draft plan approval of the residential and
open space blocks. The proposed access locations are acceptable. The preliminary
site plan concept demonstrates that sufficient on-site visitor parking can be provided in
accordance with the Zoning By-law.
10.2 Consistent with CLOCA comments, further design work is required for the stormwater
outlet. The outlet must be located at the toe of the slope, close to the watercourse to
prevent erosion concerns. Since the outlet and underground pipes will be within the
F1 FITTFIF]
Municipality of Clarington
Report PSD -036-19
Page 15
Municipality's Open Space, an easement must be granted to the
developer/condominium corporation who will be responsible for future maintenance
and operation of the outlet.
10.3 A condition of approval will require the development to accommodate the future valley
trail network.
10.4 A 6 metre road widening is required along Prestonvale Road.
10.5 Through the site plan application, additional detailed work will be required for
stormwater management. Technical comments were provided to the applicant at the
time of recent preconsultation for the site plan application.
10.6 The developer will be required to construct a sidewalk along Prestonvale Road and a
multi -use path along Bloor Street to provide pedestrian connections.
10.7 A cash -in -lieu of parkland payment will be required.
10.8 Standard comments are provided relating to site alteration, road occupancy, road
excavation and boulevard works, on-site parking, phasing, provision of sidewalks, and
financial requirements.
Emergency and Fire Services
10.9 Clarington Emergency and Fire Services has no objections to the proposed draft plan
of subdivision and rezoning. Detailed comments have been provided relating the
designation of fire routes and turning radius, painting of private hydrants and fire route
signage which will be reflected on the approved site plan drawings.
11. Discussion
11.1 The southerly part of this site is located along a Regional Corridor. Regional Corridors
have a target of 60 units per gross hectare in the Region's Official Plan and 85 units
per net hectare under the Clarington Official Plan.
11.2 Transit supportive, higher density and compact built form is directed along Corridors in
Provincial, Regional and Clarington Planning documents. Bloor Street provides a direct
connection to Oshawa and existing GO transit facilities to the west, and toward
Courtice Road and the future Courtice GO Train site to the east. Development of the
subject lands must support future transit initiatives.
11.3 Based on the polices, density and built form along the Bloor Street corridor, it has the
potential to be quite significant based on the urban structure of the Clarington Official
Plan. Apartment buildings up to a height of 12 storeys could be located along Bloor
Street. Through the review of the application and in discussions with the applicant it
was determined that the proposed density and built form of stacked townhouse units
conforms at the low end of the corridor policies of both the Region's and Clarington's
Official Plan.
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Municipality of Clarington
Report PSD -036-19
Page 16
11.4 At the time of the public meeting and during negotiation as part of the appeal of the
Zoning By-law Amendment, the major issues resolved include:
Achieving Regional Corridor targets for density and built form
11.4.1 Planning Staff are satisfied that the density and built form conforms to
Provincial and Regional planning policy, and the Clarington Official Plan with
respect to Regional Corridors and residential neighbourhoods. The stacked
townhouse development on Block 3 are 3'/2 storeys tall and provide a density
of 85 units per hectare which conforms to the density target of the Clarington
official Plan for the Regional Corridor.
Satisfying the Clarington Official Plan relating to multi -unit residential
development including a maximum size of townhouse blocks being 50 units,
together with introducing a new public street through the development with a
potential future connection to Meadowglade Road
11.4.2 Planning, Engineering and CLOCA staff have determined that introducing a
public road network on the east side of Prestonvale Road between Bloor and
Meadowglade is not feasible due to grades and environmental impacts. To
address the policy on limiting townhouse blocks to a maximum of 50 units, the
applicant has divided the residential lands into 3 blocks, versus 1 block. This
assists in breaking up the development, however without the introduction of a
public street, Staff are satisfied that this development meets the objectives of
the policy to the extent possible. Through the site plan process staff will look
at ways through site design to create smaller nodes of townhouse blocks
versus one large development. The goal is to provide the look and feel of
smaller sub -communities within a large townhouse development.
Protection of Natural Heritage and providing the buffers as required by the
Clarington Official Plan: Based on comments from CLOCA and initial review of
the supporting EIS document, the application does not conform to the policies
of the Clarington Official Plan in terms of establishing development limits
11.4.3 The applicant has adjusted the development limit to satisfy staff and CLOCA
comments and to be consistent with the buffers required by the Clarington
Official Plan. The applicant is required to finalize a tree removal and
compensation plan and provide details and justification on the stormwater
outlet in the valley. These conditions are provided as special conditions for
removal of the Holding symbol, and included as conditions of draft approval
(Attachment 1). These conditions must be fulfilled prior to any on-site grading
or development.
Pedestrian linkages to surrounding road network and trail within the valley
system;
11.4.4 The development plan accommodates a trail within the buffer to the valley
system. This will be a condition of subdivision and site plan approval.
Additional connections through the development and public access will
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Municipality of Clarington
Report PSD -036-19
Page 17
continue to be considered during the site plan review process. The developer
will be required to establish legal easements across the site plan area for
public access to the valley from Prestonvale Road and points west.
Integration of remaining residential parcels between Meadowgalde Road and
Bloor Street through a Master Block Plan process.
11.4.5 The Applicant has provided concepts of how neighbouring lands can
redevelop. The development of external parcels may rely on access through
the subject development given grade and access limitations, especially along
Bloor Street which falls in grade toward to east. National Homes has agreed
to this in principle and is a condition of approval.
Addressing Comments and Concerns from Neighbouring Residents
11.5 Public comments raised during the public consultation process and during
consideration of the appeal have been addressed to the extent possible. Those
concerns can be categorized into two — those that didn't want the development to
proceed, leaving the lands as is; and those that understand the development is
permitted by the policy framework of the Province and the under the Regional and
Clarington Official Plans, but requested the developer consider certain items related to
detailed design or site plan matters.
11.6 During the appeal discussions, National Homes has reached out to the three
participants who directly abut the development. Items such as height of abutting units,
impact to existing fencing and hedging, drainage, tree preservation within and around
the perimeter of the site; impact of grading on trees, location of snow storage areas;
installation of a barrier at the end of dead-end private lanes; assistance with survey of
mutual property limits; block design and massing; loss of satellite service.
11.7 One participant withdrew their objection as an agreement of settlement with National
Homes was reached.
11.8 Staff are of the opinion that the remaining concerns from neighbours are site plan
related and discussions between National Homes and residents are expected to
continue. Staff have no objection to the residents and National Homes privately
resolving concerns relating to unit design, hedges, and fencing, however, Staff note
that the commitments made by National Homes may differ than the standard items
staff review during the site plan process. The direction provided by by-laws such as the
Fence By-law and municipal guidelines for landscaping, lighting, and site design
continue to apply. It will be incumbent upon National Homes and the residents to
ensure the items being negotiated will conform to municipal standards and by-laws.
The residents and National Homes are encouraged to continue discussions, and
communicate outcomes with municipal staff during the site plan process to ensure
expectations are being met to the extent possible.
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Municipality of Clarington
Report PSD -036-19
11.9
11.10
Conditions of Draft Approval and Next Steps
Page 18
Conditions of draft approval contain special provisions to address the implementation
of all recommendations of the studies and reports submitted, including any future
reports, and the major issues identified under Section 11.4 above. Other standard
conditions will address such items as dedication of road widenings, open space, cash -
in -lieu of parkland, etc.
entation details are still to be resolved, the eventual approval of the
AN Amendment by the Local Planning Appeal Tribunal, and approval of the
of Draft Approval are the initial approvals required, followed by:
pproval — National Homes requested a preconsultation meeting to
is required for a complete site plan application. The meeting addressed
tems such as architectural details, detailed engineering, landscaping
um approval — will follow site plan approval and
for each unit and derive a set of condominium
nt, and;
create a legal
rules for the
Appro% of application for Exemption from Part Lot Control will follow site plan
approval allowing for individual parcels -of -tied -land to be created.
11.11 To that end, Staff have no objection to the approval of the proposed Plan of
Subdivision, subject to conditions of draft approval, that would allow the creation of
residential blocks, required road widenings, and the conveyance of the valleylands
lands to the Municipality of Clarington.
12. Conclusion
12.1 In consideration of all agency, staff and public comments, it is respectfully
recommended that the application for a Draft Plan of Subdivision, as submitted by
National Homes (Prestonvale) Inc. be supported subject to the conditions included as
Attachment 1.
Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or
ataylorscott clarington.net
Attachments:
Attachment 1: Proposed Conditions of Draft Approval
Attachment 2: Draft Plan of Subdivision
A list of interested parties is on file in the Planning Services Department.
ATS/CP/nl
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Attachment 1 to
Report PSD -036-19
CONDITIONS OF DRAFT APPROVAL
File Number: S -C-2017-0010
Issued for Concurrence: August 29, 2019
Notice of Decision:
Draft Approved:
Faye Langmaid
Acting Director of Planning Services
Municipality of Clarington
Part 1 — Plan Identification
The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S -C-2017-0010 prepared by Weston Consulting identified as file
number 6357-1, dated December 17, 2018, as revised May 28, 2019, which
illustrates 2 blocks for 74 link townhouse units (up to 3 storeys) and 1 block for 38
stacked townhouse units (up to 4 storeys); an Open Space Block (2.691 hectares)
and related road widenings.
Part 2 — General
2.1 Development of the subject lands require the Owner to enter into a development
agreement with the Corporation of the Municipality of Clarington (the
"Municipality") that contains all of the necessary terms and conditions of the
Municipality's standard subdivision agreement, all internal and external works and
services related to this plan of subdivision, and site plan matters as per application
SPA 2019-00xx. A copy of the Municipality's standard subdivision agreement can
be found at https://www.clarington.net/en/do-business/resources/application-
forms/su bd ivision-agreement. pdf
2.2 The owner shall not make an application for a building permit in respect of Blocks
1, 2 or 3 until the Owner has received site plan approval from the Municipality
under Section 41 of the Planning Act, R.S.O. 1990, C.P.13.
2.3 The Owner shall name road allowances/private lanes included in this draft plan to
the satisfaction of the Region of Durham and the Municipality of Clarington.
2.4 All works and services must be designed and constructed in accordance with the
Municipality's Design Guidelines and Standard Drawings.
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2.5 Requirements for Presales
Architectural Control
(1) No residential units shall be offered for sale to the public on the draft plan
until such time as the exterior architectural design of each building has been
approved by the Director of Planning Services.
(2) No building permit shall be issued for the construction of any building on any
residential lot or block on the draft plan, until the exterior architectural design
of each building and the location of the building on the lot has been approved
by the Director of Planning Services.
Marketing and Sales
(3) The Owner shall prepare a Land Use Plan which shows the draft plan, site
plan details and surrounding land uses. The Land Use Plan shall be in a
format approved by the Director of Planning Services.
(4) The Owner shall erect and maintain a sign on the development site and/or in
the sales office which shows the Land Use Plan as approved by the Director
of Planning Services.
(5) The Owner shall submit its standard Agreement of Purchase and Sale to the
Director of Planning Services which includes all warning clauses/ notices
prior to any residential units being offered for sale to the public.
2.6 Site Alteration
(1) Draft plan approval does not give the Owner permission to place or dump fill
or remove fill from, or alter the grade of any portion of the lands within the
draft plan. The Owner shall be required to obtain a permit from the
Municipality under Site Alteration By-law 2008-114, as amended, for any
such work. If any portion of the lands are within an area regulated by a
conservation authority, the Owner shall obtain a permit from the conservation
authority in addition to obtaining approval from the Director of Engineering
Services regarding the intended haulage routes, the time and duration of the
site alteration work and security relating to mud clean up, road damage and
dust control in accordance with the Dust Management Plan in Section 4.7.
After registration of a subdivision agreement, the provisions of the
Municipality's standard subdivision agreement shall apply to any proposed
site alteration on the lands covered by the subdivision agreement.
(2) Authorization to commence works and/or Site Alteration permit shall not be
granted until Engineering Drawings as part of Site Plan application for Blocks
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1, 2 and 3 are approved to the satisfaction of the Director of Engineering
Services.
Part 3 — Final Plan Requirements
3.1 The Final Subdivision Plan may be registered in advance of the approval of
Drawings for the future Site Plan Application for Blocks 1, 2 and 3.
3.2 The Owner agrees to enter into a development agreement addressing items under
both Section 51 and 41 of the Planning Act following approval of Site Plan drawings.
3.3 The c
clear
(a)
(b)
(c)
er to the Municipality (for nominal consideration free and
and restrictions) the following lands and easements:
Municipality of Clarington)
ning to accommodate a 26 metre right-of-way width across
>ntage of Prestonvale Road shown as Block 5 on the draft
Region of Durham)
ning to accommodate a 36 metre right-of-way width across
the entire frontage of Bloor Street (Regional Road 22) including sight
triangle as shown as Block 4 on the draft plan.
Reserves
A 0.3 metre reserve shown as Block on the draft plan.
(d) Open Space Lands as shown in Block 6 on the draft plan.
Part 4 —Plans and Reports Required Prior to Final Plan Registration
4.1 Not applicable
Part 5 — Plans and Reports Required to be fulfilled at the time of Site Plan
Approval
The Owner shall submit the following plans and report or revisions thereof:
5.1 Easements for Public Connections
The Owner shall submit plans to provide for public pedestrian connections over the
development site from Prestonvale Road to future trail connections in Block 6
(Open Space) to the satisfaction of the Director of Engineering Services and the
Director of Planning Services. Easements to provide public access shall be
registered on title as a conditions of site plan approval.
5.2 Phasing Plan
The Owner acknowledges and agrees that the private lanes and services shall be
constructed in a single phase to the satisfaction of the Director of Engineering
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Services. Prior to issuance of the first building permit, the Owner shall submit a
detailed construction phasing plan for the townhouse blocks to the satisfaction of
the Director of Engineering Services. The approval of the phasing plan shall be at
the discretion of the Director of Engineering Services. The specific number of
residential units available for building permits in any single phase of the
development will be determined by the Municipality Clarington.
5.3 Noise Report
The Owner shall submit to the Director of Engineering Services, the Director of
Planning Services and the Region, for review and approval, an updated noise
report, based on the preliminary noise report entitled Noise Control Feasibility
Study, prepared by SS Wilson Associates, last revised January 4, 2019, Project
No. WA17-033.
5.4 Functional Servicing
(1) The Owner shall submit an updated Functional Servicing Report satisfactory
to the Director of Engineering Services and Central Lake Ontario
Conservation
(2) The final engineering drawings shall protect the inner 10 metres of buffer to
the identified environmental features as identified by the Environmental
Impact Study prepare by Niblett Environmental Associates Inc.. No grading,
site alteration or stockpiling of fill shall be permitted within the inner 10 metre
buffer.
(3) Preliminary Functional Servicing and Stormwater Management Plans indicate
minor retaining walls on the private side. Grading shall be modified to the
extent possible to reduce the height of retaining walls to the extent possible.
Every effort shall be made to avoid the construction of private retaining walls,
and in any case shall not exceed 1.5 metres in height. Retaining walls and
associated tie backs shall not be permitted on public lands.
5.5 Stormwater Outlet Location and Design
The Owner shall submit detailed engineering drawings as supported by the
Engineer and qualified Environmental Consultants (natural heritage, slope stability,
geotechnical etc.) to determine the appropriate location for a Stormwater
Management Outlet within Open Space (Block 6). The outlet shall be located at
the toe of the slope to the satisfaction of the Central Lake Ontario Conservation
Authority, the Director of Planning Services and the Director of Engineering
Services. The outlet location shall be detailed and approved through the
associated site plan application SPA2019-00xx.
5.6 Tree Preservation, Tree Removals and Compensation Plan
(1) The Owner shall submit a revised Tree Removals and Compensation Plan to
address tree removal within the development area and relating to the outlet
construction. All tree removals and compensation must be approved by the
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Central Lake Ontario Conservation Authority, the Director of Engineering
Services and the Director of Planning Services.
(2) A Compensation Planting schedule must be approved and securities
received to the satisfaction of the Central Lake Ontario Conservation
Authority, the Director of Engineering Services and the Director of Planning
Services prior to any tree removal within the development limit or related to
any other construction.
(3) Tree protection shall be provided in accordance with the preliminary Tree
Preservation Plan prepared by Strybos Barron King Landscape Architecture
(V100) and last revised May 28, 2019.
5.7 Functional Servicing and Grading demonstrating future development of
external lands
The Owner agrees to provide sufficient engineering details to demonstrate future
services and access for external lands to the satisfaction of the Director of
Engineering Services and the Region of Durham
5.8 Community Theme Plan
The Owner shall submit a "Community Theme Plan" to the Director of Planning
services and Director of Engineering Services for approval. Such plan shall include
design concepts for a community theme including gateway treatments, landscape
treatments, lighting fixtures, fencing details and related design issues for the
overall design, location and configuration of trails and open space buffers. All
Engineering Drawings shall conform with the approved Community Theme Plan.
5.9 Environmental Sustainability Plan
The Owner shall prepare and submit an Environmental Sustainability Plan to the
satisfaction of the Director of Planning Services. Such plan shall identify the
measures that the Owner will undertake to conserve energy and water in excess of
the standards of the Ontario Building Code, reduce waste, increase recycling of
construction materials and utilize non-toxic, environmentally sustainable materials
and finishes.
5.10 Soils Management Plan
Prior to Authorization to Commence, the Owner shall provide a Soils Management
Plan for review and approval by the Director of Engineering Services. Such plan
shall provide information respecting but not limited to any proposed import or
export of fill to or from any portion of the Lands, intended haulage routes, the time
and duration of any proposed haulage, the source of any soil to be imported,
quality assurance measures for any fill to be imported, and any proposed
stockpiling on the Lands. All imported material must originate from within the
Municipality of Clarington. The Owner shall comply with all aspects of the approved
Soils Management Plan. The Director may require the Owner to provide security
relating to mud clean up, dust control and road damage.
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5.11 Dust Management Plan
Prior to Authorization to Commence Works, the Owner is required to prepare a
Dust Management Plan for review and approval by the Director of Engineering
Services. Such plan shall provide a practical guide for controlling airborne dust
which could impact neighbouring properties. The plan must:
(a) identify the likely sources of dust emissions;
(b) identify conditions or activities which may result in dust emissions;
(c) include preventative and control measures which will be implemented to
minimize the likelihood of high dust emissions;
(d) include a schedule for implementing the plan, including training of on-site
personnel;
(e) include inspection procedures and monitoring initiatives to ensure effective
implementation of preventative and control measures; and
(f) include a list of all comments received from the Municipality, if any, and a
description of how each comment was addressed.
Part 6 —Special Terms and Conditions to be Included in the Development
Agreement
6.1 Easements to be provided on the Subject Lands
The Owner shall transfer and/or make satisfactory arrangements for the transfer of
the following lands and easements to the satisfaction of the Municipality of
Clarington and the Region of Durham:
(1) Easements for public pedestrian walkway(s); and
(2) Easements for future extension of services and vehicular access to external
lands, including 1536 Bloor Street and 1538 Bloor Street.
6.2 Environmental Impact Study
The Owner shall agree to implement all recommendations contained in the
Environmental Impact Study prepared by Niblett Environmental Associates Inc.
dated May 29, 2019, including any addendum as required as part of the Site plan
Application including the additional study required by Condition 5.5 and Condition
5.6, to the satisfaction of the Central Lake Ontario Conservation Authority, the
Director of Engineering Services and the Director of Planning Services.
6.3 Outlet Construction and Maintenance
The owner shall be 100% responsible for the construction of the outlet within Block
6 (Open Space Block) to provide for stormwater management for the site. The
location and construction details of the outlet shall be approved in accordance with
Condition 5.5.
Once a location for the outlet has been approved, the Municipality of Clarington
shall grant an Easement in favour of the Owner registered on title to allow for the
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construction and perpetual maintenance of SWM Outlet. The subdivision
agreement shall contain special provisions on maintenance and obligations to form
part of future condominium approvals and condominium declaration.
6.4 Tree Removal and Compensation
The Owner agrees to provide a cost estimate for Compensation Plans, and a
performance guarantee.
Prior to the Authorization to Commence Works, the Owner agrees to have
complete the plantings identified in the approved Compensation Plan as required
by Condition 5.6(2).
6.5 Hydrogeological Impact Study
The Owner agrees to implement the recommendations of the Hydrogeolgoical
Impact Study prepared by Sirati & Partners dated May 28, 2019 including any
required addenda thereto to the satisfaction of the Central Lake Ontario
Conservation Authority and Director of Engineering Services.
6.6 Slope Stability Investigation
The Owner agrees to implement the recommendations of the Slope Stability
Investigation prepared by Sirati & Partners dated September 27, 2017 including
any required addenda thereto to the satisfaction of the Central Lake Ontario
Conservation Authority and Director of Engineering Services.
6.7 Parkland
The Owner shall pay the Municipality an amount in lieu of conveying land for park
or other public recreational purposes and shall be calculated and collected at the
time of Site Plan in accordance with applicable legislation.
6.8 Noise Attenuation
The Owner agrees to construct and install all measures recommended in Noise
Control Feasibility Study prepared by SS Wilson Associates, last revised January
4th, 2019, and any addenda thereto. The measures shall be included in the
Municpality of Clarington's Subdivision and/or Site Plan Agreement and must aslo
contain a full and complete reference to the revised noise report (i.e. author, title,
date and revisions/addenda) and shall include any required warning clauses
identified in the study.
(1) The Owner shall not make an application for a building permit for any building
on the Lands until an acoustic engineer has certified that the plans for the
building are in accordance with the Noise Report.
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6.9 Regional Waste Pickup
The Owner agrees to comply with the requirements of the Region of Durham for
Municipal Waste in accordance with the Region of Durham waste collection
guidelines.
Part 7 — Agency Conditions
7.1 Region of Durham
(1) Prior to final approval, the Owner is required to submit all Record of Site
Conditions compliant studies and associated Reliance Letter and Certificate
of Insurance as required of the Region of Durham's Site contamination
Protocol up -to -and -including a Record of Site Condition, if applicable, prior to
registration.
(2) The Owner shall grant to the Region any easements required for provision of
Regional services for this development and these easements shall be in the
location and of such widths as determined by the Region.
(3) The Owner shall provide for the extension of such sanitary sewer and water
supply facilities which are external to, as well as within, the limits of this plan
that are required to service this plan. In addition, the Owner shall provide for
the extension of sanitary sewer and water supply facilities within the limits of
the plan which are required to service other developments external to this
subdivision. Such sanitary sewer and water supply facilities are to be
designed and constructed according to the standards and requirements of
the Region. All arrangements, financial and otherwise, for said extensions
are to be made to the satisfaction of the Region, and are to be completed
prior to final approval of this plan.
(4) Prior to entering into a subdivision agreement, the Region shall be satisfied
that adequate water pollution control plant and water supply plant capacities
are available to the proposed subdivision.
(5) The Owner shall satisfy all requirements, financial and otherwise, of the
Region. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the
provision and installation of sanitary sewers, water supply, roads and other
regional services.
7.2 Conservation Authority
(1) Prior to any on-site grading or construction of 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:
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(a) The intended means of conveying stormwater flow from the site to an
appropriate outlet, including use of stormwater techniques which are
appropriate and in accordance with the provincial guidelines.
(b) The intended means of providing water quality treatment for the site to
satisfaction of Central Lake Ontario Conservation Authority and in
accordance with provincial guidelines.
(c) The means whereby erosion and sedimentation and their effects will be
minimized on the site and downstream of 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 and prevention of downstream erosion in any
water body as a result of on-site or other related works;; and
(d) Details on the types and uses of Low Impact Development (LID)
measures to be implemented within the development to assist in
reducing stormwwater runoff and meeting water balance infiltration
targets to the satisfaction of the Central Lake Ontario Conservation
Authority.
(2) The stormwater channel and outlet location be approved by Central Lake
Ontario Conservation Authority and the Municipality of Clarington.
(3) The stormwater channel and outlet be designed by a qualified professional to
the satisfaction of the Central Lake Ontario Conservation Authority and the
Municipality of Clarington.
(4) Prior to the removal of any vegetation on the site, on-site grading or
construction associated with the proposed plan of subdivision, the owner
shall submit to and obtain approval from the Central Lake Ontario
Conservation Authority for a Compensation and Restoration Plan for the
removal of existing vegetation related to the development including the outfall
channel. An Edge Management component is to be included.
(5) Prior to removal of any vegetation on the site, the Owner agrees to
implement the Compensation Plan approved by CLOCA and the Municipality
or has made an alternative arrangement for implementation suitable to the
Central Lake Ontario Conservation Authority and the Municipality of
Clarington
(6) The Owner agrees to submit for review and approval, and undertake a
Monitoring Plan for the proposed compensation and restoration areas, which
will assess the works undertaken in regard to the productivity and success of
the feature and the species.
(8) The Owner agrees to install non -gated chain link fencing (1.2 metres it
height) along the rear lot lines adjacent to the Natural Heritage System
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buffer, specifically along the eastern boundary of Blocks 1 and 2. Where a
retaining wall is located at the edge of a future parcel -of -tied -land, the chain
link fence shall be located on top of the retaining wall and satisfy the
requirements of the Ontario Building Code.
(9) 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.
7.3 Ministry of Culture, Tourism and Sport
(1) Prior to final approval the proponent shall submit the "Stage 1&2
Archaeological Assessment", dated November 19, 2017 to the Ministry of
Tourism, Culture and Sport for their clearance letter. No demolition, grading
or other soil disturbance shall take place on the subject property prior to this
letter of clearance being received by the Municipality of Clarington and the
Region of Durham.
7.4 Canada Post Corporation
(1) The Owner shall satisfy the following requirements of Canada Post
Corporation and the Municipality with respect to the provision of mail delivery
to the Subdivision Lands and the provision of community mailbox locations,
as follows:
(a) The Owner shall advise Canada Post as to the excavation date for the
first foundation/first phase as well as the date development work is
scheduled to begin.
(b) If applicable, the Owner shall ensure that any street facing installs have
a pressed curb or curb cut.
(c) The Owner shall advise Canada Post as to the expected first occupancy
date and ensure the site is accessible to Canada Post 24 hours a day.
(d) The Owner will consult with Canada Post and the Municipality to
determine suitable permanent locations for the Community Mail Boxes.
The Owner will then indicate these locations on the appropriate
servicing plans.
(e) The Owner agrees, prior to offering any units for sale, to display a map
on the wall of the sales office in a place readily accessible to potential
homeowners that indicates the location of all Community Mail Boxes
within the development, as approved by Canada Post.
(f) The Owner will provide a suitable and safe temporary site for a
Community Mail Boxes upon approval of the Municipality (that is
levelled with appropriate sized patio stones and free of tripping
hazards), until curbs, sidewalks and final grading are completed at the
permanent locations. Canada Post will provide mail delivery to new
residents as soon as the homes or units are occupied.
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F1 nmTnn
(g) Owner agrees to provide the following for each Community Mail Boxes
and to include these requirements on the appropriate servicing plans (if
applicable):
i) Any required walkway across the boulevard, per municipal
standards; and
ii) Any required curb depressions for wheelchair access, with an
opening of at least two meters (consult Canada Post for detailed
specifications).
7.5 Utilities
(1) The Owner shall coordinate the preparation of an overall utility distribution
plan that allows for the safe installation of all utilities including the separation
between utilities to the satisfaction of the Director of Engineering Services.
(2) All utilities will be installed within the proposed road allowances. Where this is
not possible, easements will be provided at no cost to the utility provider.
Proposed easements are not permitted on lands owned by the Municipality
unless it can be demonstrated that there is no other alternative. Such
easements must not impede the long term use of the lands and will be at the
discretion of the Director of Engineering Services.
(3) The Owner shall cause all utilities, including hydro, telephone, and cable
television within the streets of this development to be installed underground
for both primary and secondary services.
Part 8 — Standard Notices and Warnings
8.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots
informing the purchaser of all applicable development charges in accordance with
subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27.
8.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of
the Municipality's standard subdivision agreement in Agreements of Purchase and
Sale for all Lots or Blocks.
8.3 The Owner shall include the following notices and warning clauses in Agreements
of Purchase and Sale for the Lots or Blocks to which they apply:
8.4 Noise Report
(1) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Blocks A to F (Decks above Garages):
"Purchasers/tenants are advised that despite the inclusion of noise control
features within this development and within the dwellings, sound levels from
increasing road traffic will continue to be of concern as the levels on the deck
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CI FImTFIF]
exceed the Ministry of the Environment and Climate Change criteria" and that
a protected Common Outdoor Living Area (i.e. Parkette) meeting the Ministry
sound level criteria has been provided within the development".
(2) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Blocks B to F:
"The dwelling unit located on this lot has been equipped with a central air
conditioning system which will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the Ministry of
the Environment, Conservation and Park's noise criteria."
(3) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Blocks A, L, M (All Units) and N (Unit 1):
"This dwelling unit has been fitted with provisions, which include a fan forced
heating system, suitably sized ducts, plenum, electrical power wiring,
thermostatic control wiring, a nearby floor drain, etc. sized to accommodate
the future addition of central air conditioning by the occupant at their
expense and discretion. Installation of central air conditioning by the
occupant will allow windows and exterior doors to remain closed, thereby
ensuring that the indoor sound levels are within the sound level limits of the
Municipality and the Ministry of the Environment and Climate Change. Future
installation of the air conditioning system should meet the Ministry of the
Environment and Climate Change criteria in Publication NPC -216 (a
maximum sound level LAS of 50 dBA at the neighbour's closest point(s) of
reception, i.e. at their ground-based outdoor areas as well as at the closest
window on any floor level) and other applicable levels specified by the
municipality."
(4) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Blocks A to F, L, M (All units inclusive) and N (Unit 1):
"Despite the inclusion of noise control features in the design of the
subdivision and individual units, sound levels from increasing road traffic
may continue to be of concern and may occasionally interfere with some
activities of the dwelling occupants as the sound level may exceed the noise
criteria of the Ministry of the Environment, Conservation and Parks."
8.5 Nearby Farm Operations
The Owner shall include the following warning clause in agreements of purchase
and sale for all units:
"Farm Operations —There are existing farming operations nearby and
that such farming activities may give rise to noise, odours, truck traffic
and outdoor lighting resulting from normal farming practices which
may occasionally interfere with some activities of the occupants."
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F1 FITTFIF]
8.6 Public Walkway
The Owner shall include the following warning clause in agreements of purchase
and sale for all units:
"Public Walkway — This development includes lands designated for
use as a public walkway which will provide an easement for pedestrian
access to the public trail network. This route is available and will by
used by neighbourhood residents living outside of the subject
development. The condominium board shall be responsible for the
perpetual maintenance of the walkway."
8.7 Catchbasins
The Owner shall include the following notice in agreements of purchase and sale
for Blocks (to be confirmed):
"Catchbasin — A catchbasin and associated underground piping has
been installed on this lot. The catchbasin is designed to accept
drainage from this lot and adjacent lots. The property owner must not
impede or alter the catchbasin or the drainage patterns in any way."
8.8 Chain Link Fencing
The Owner shall include the following notice in the agreements of purchase and
sale for Blocks M, N, O:
"Chain Link Fencing — Chain link fencing is a required feature
between this lot and the adjacent open space. Unless located at the
top of a retaining wall as required by the Ontario Building Code, this
fencing must be located on the public portion of the abutting land and
will be maintained by the Municipality after the developer has been
released from any further responsibility for the fence."
8.9 Privacy Fencing
The Owner shall include the following notice in the agreements of purchase and
sale for Blocks A, B, C, L, G, Flankage End Units of Blocks M and O, Common
Element Areas adjacent to existing residential uses:
"Privacy Fencing — Privacy fencing is a required feature on this lot
and it must be located on the private parcel of tied land and/or future
condominium corporation. Maintenance of this privacy fencing is the
responsibility of the owner of the private parcel of tied land and/or
future condominium corporation abutting property owner after the
developer has been released from any further responsibility for the
fence."
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n nmTnn
8.10 Decorative Fencing
The Owner shall include the following notice in the agreements of purchase and
sale for Blocks H and I:
"Decorative Fencing — Decorative fencing (maximum height of 0.9
metres) is a required feature on this lot where the lot abuts the
parkette. The replacement of decorative fencing with solid board
privacy fencing or other obstructive material is not permitted.
Maintenance of this decorative fencing is the responsibility of the
owner of the private parcel of tied land and/or future condominium
corporation"
8.11 Canada Post Corporation
The Owner shall include the following notice in the agreements of purchase and sale
for all lots:
"Mail Service - Purchasers are advised that Canada Post intends to service
this property through the use of community mailboxes that may be located in
several locations within this subdivision."
Part 9 - Clearance
9.1 Prior to final approval of the plan for registration, the Municipality's Director of
Planning Services shall be advised in writing by,
(a) the Region how Conditions have been satisfied;
(b) Central Lake Ontario Conservation Authority, how Conditions
have been satisfied;
(c) , how Conditions have been satisfied;
Part 10 — Notes to Draft Approval
10.1 Terms used in these conditions that are not otherwise defined have the meanings
given to them in the Municipality's standard subdivision agreement.
10.2 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.
10.3 If final approval is not given to this plan within three (3) 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.
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FIFImTFIF]
10.4 Where an agency requirement is required to be included in the Municipal
subdivision agreement, a copy of the agreement should be sent to the agency in
order to facilitate their clearance of conditions for final approval of this plan. The
addresses and telephone numbers of these agencies are:
(a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box
623, Whitby, Ontario L1 N 6A3 (905) 668-7721.
(b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario LIH 3T3 (905) 579-0411.
(c) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor
Scarborough ON, M1 P 5A1
I:\^Department\Application Files\SC-Subdivision\S-C-2017\S-C-2017-0010 NE National Homes - NE corner Presonvale & Bloor\Staff
Report\Attachment 1 to PSD -036-15 (Draft).docx
Page 115
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