HomeMy WebLinkAboutPSD-025-09Leading the Way
~~-~~~ REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION C`O~I TTE~~ #~ i'n _ I?~
Date: Monday, February 23, 2009 tT~~ 1,1L~( I' 1 J
Report #: PSD-025-09 File #: S-C-2008-0001 By-law #: ~lx.~ l -Jot
Subject: APPLICATION FOR DRAFT PLAN OF SUBDIVISION TO PERMIT THE
DEVELOPMENT OF THREE INDUSTRIAL BLOCKS
APPLICANT: ONTARIO POWER GENERATION INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-025-09 be received;
2. THAT the application for proposed Draft Plan of Subdivision S-C-2008-0001 submitted by
Ontario Power Generation Inc. be APPROVED subject to the conditions as contained in
Attachment 3;
3. THAT the by-law authorizing the entering into a Subdivision Agreement between the Owner of
Draft Plan of Subdivision S-C-2008-0001 and the Municipality of Clarington be APPROVED as
contained in Attachment 4;
4. THAT the Region of Durham Planning Department and the Municipal Property Assessment
Corporation be forwarded a copy of this report and Council's decision; and
5. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by: Reviewed by: ~t ""-" "~~
D id J. C o , M Franklin Wu,
Director of Planning Services Chief Administrative Officer
TW/CP/df
17 February 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-025-09 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Ontario Power Generation Inc.
1.2 Proposal: The proposed Draft Plan of Subdivision includes three blocks for
industrial development and a block for the widening of Highway 401
associated with the proposed Highway 407 interchange.
1.3 Area: 24.91 hectares (61.55 acres)
1.4 Location: The subject lands are located within the Clarington Energy Park,
south of Highway 401 and South Service Road and east of
Osborne Road (Attachment 1).
2.0 BACKGROUND
2.1 On August 8, 2008 Sernas Associates, on behalf of Ontario Power Generation Inc.
Limited, submitted a draft plan of subdivision application. This application would permit
an industrial subdivision containing three industrial blocks, and a block for the proposed
Highway 407 interchange. The applicant intends to develop the site with administrative
office building(s) and facility/building(s) related to the Darlington Nuclear Generating
Station.
2.2 The following studies and reports were submitted in support of the application:
Phase One and Two Environmental Site Assessment Report
Functional Servicing Report
Traffic Impact Study
Stage I &II Archaeological Assessment
Geotechnical Investigation (Soils Report)
These reports have been circulated to the appropriate agencies for review and
comment, and are discussed in Section 7 of this report.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject site is currently vacant and was previously used for agriculture. The site
slopes gently from north to south.
3.2 The surrounding uses are as follows:
North: South Service Road and Highway 401
South: Industrial -automobile recycling facility
East: Agricultural/Public Utility
West : Vacant industrial (proposed site of Region's Energy-from-Waste facility)
and automobile auction facility
REPORT NO.: PSD-025-09
PAGE 3
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
The application is consistent with the Employment Area policies of the 2005 Provincial
Policy Statement (PPS). Planning authorities are required to promote economic
development and competitiveness by:
providing for an appropriate mix and range of employment (including industrial,
commercial and institutional uses) to meet long-term needs;
providing opportunities for a diversified economic base, including maintaining a
range and choices of suitable sites for employment uses which support a wide range
of economic activities and ancillary uses, and take into account the needs of existing
and future businesses;
planning for, protecting and .preserving employment areas for current and future
uses; and
ensuring the necessary infrastructure is provided to support current and projected
needs.
4.2 Provincial Growth Plan
The Provincial Growth Plan stresses the importance of ensuring an adequate supply of
land for a variety of appropriate employment uses.
Municipalities are encouraged to designate and preserve lands within settlement areas
in the vicinity of existing major highway interchanges, for manufacturing, warehousing,
and associated retail, office and ancillary facilities, where appropriate.
In planning lands for employment, municipalities will facilitate the development of
transit-supportive, compact built form and minimize surface parking.
Greenfield areas are required to achieve a minimum density target not less than 50
residents and jobs combined per hectare. They are to be planned, and designed in a
manner that:
• contributes to creating complete communities;
• creates street configurations, densities, and an urban form that supports walking,
cycling, and the early integration and sustained viability of transit services;
provides a diverse mix of land uses, including residential and employment uses, to
support vibrant neighbourhoods; and
• creates high quality public open spaces with site design and urban design standards
that support opportunities for transit, walking and cycling.
REPORT NO.: PSD-025-09
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Regional Official Plan
PAGE 4
The lands are designated as Employment Area within the Durham Regional Official
Plan. Lands designated as Employment Area permit the development of Business
Parks comprising of corporate offices oriented to and serving the business community,
research and development facilities and light industries. The proposed uses appear to
conform to the Plan.
5.2 Clarinoton Official Plan
The subject lands are designated as Business Park in the Clarington Official Plan and
Prestige Employment Corridor and Light Industrial 1 within the Clarington Energy
Business Park Secondary Plan. The proposed Energy Drive is designated as a Type C
Arterial. The remaining streets will be classified as Local Roads.
Both the Prestige Employment Corridor and Light Industrial 1 designations support the
development of business offices, which is consistent with the applicant's proposal. The
proposal will be reviewed in accordance with the urban design guidelines prepared for
the Clarington Energy Business Park Secondary Plan.
6.0 ZONING BY-LAW
6.1 Within Comprehensive Zoning By-law 84-63 as amended the lands are zoned "Holding
- Energy Park Prestige ((H) MO2)" and "Holding -Energy Park Light Industrial ((H)
ML1)". A Zoning By-law amendment to remove the Holding symbol will be required in
order for development to proceed.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 Phase I and II Environmental Site Assessment Report
The Phase I Environmental Site Assessment Report (ESA) identified potential on-site
subsurface impacts from the possible historical use of pesticides/herbicides and/or
biosolids during historical agricultural practices. The possible historic presence of a
heating oil above-ground storage tank or underground storage tank associated with the
former buildings present between approximately 1931 and 2000 and located at the
northwest section of the Site must be examined.
The Phase II Environmental Site Assessment examined water and soil samples from six
boreholes established. on site. No soil or groundwater exceedances were observed on
the site with respect to the potential issues of environmental concern identified in the
Phase I ESA. Both the Phase I and II Environmental Site Assessment Reports were
prepared by Pinchin Environmental on June 8, 2007.
REPORT NO.: PSD-025-09
PAGE 5
7.2 Functional Servicing Report
The Functional Servicing Report prepared by Sernas Associates in August 2008
outlines how the servicing of the OPG lands will be achieved. Sanitary sewers from an
existing inlet on the north side of the CNR will be extended along Osborne Road to
Energy Drive. The watermains will be extended from the Courtice Water Pollution
Control Plant along the CNR to Osborne Road and onto Energy Drive. A minor storm
sewer system can be provided from Osborne Creek south of Osborne Road west of
Solina Road.
7.3 Traffic Impact Studv
A Traffic Impact Study prepared by Sernas Transtech was prepared in August 2008 and
subsequently revised in December 2008 in response to comments received by the
Region of Durham and the Ministry of Transportation. The study concluded that there
will be nominal impacts on local roadways once improvements are made to Courtice
and South Service Roads. The study will require a further update to address the
specifics of the required improvements at the submission of each site plan application
for the lands.
7.4 Stage I & II Archaeological Assessment
Archaeological Services Inc. prepared a Stage I & II Archaeological Assessment in
November 2007 which determined that the site exhibited the potential for the presence
of archaeological resources due to its proximity to other registered archaeological sites,
and the presence of a seasonally active creek in the vicinity. The Assessment found
one precontact findspot which was considered clear of any further archaeological
concern. The assessments concluded that if any evidence of archaeological sites or
human remains are encountered during construction, the applicant is required to contact
the Ministry of Culture and/or Ministry of Consumer and Business Services (Cemeteries
Regulation Unit).
7.5 Geotechnical Investigation (Soils Reoort)
The Geotechnical Investigation Report prepared by Toronto Inspection Ltd. on May 25,
2007, provided a summary of the subsurface soil conditions. and provided
recommendations for site preparation, excavation, foundation design, and pavement
construction etcetera. The report is considered preliminary and should be revised once
the design of the site is finalized. This will occur during the site plan review process.
8.0 PUBLIC .NOTICE AND SUBMISSIONS
8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site.
Public Meeting signs were installed on the property. No inquiries on the application were
received at the time of writing this report.
REPORT NO.: PSD-025-09
PAGE 6
9.0 AGENCY COMMENTS
9.1 Hydro One, Rogers Cable, and Clarington Emergency & Fire Services, offered no
concerng or objections on the proposal. Enbridge Gas Distribution Inc. and Bell Canada
offered no objections on the proposal and asked that standard conditions be included in
the conditions of draft approval.
9.2 Comments provided by the Ministry of Transportation (MTO) have been addressed
through the inclusion of Conditions of Draft Approval and the acceptance of the
Functional Servicing Report. The MTO's main concern was securing the ability to
redefine the south limit of Block 4 based on the final property limit requirements for the
Highway 407 East Durham Link interchange and South Service Road. A condition of
draft approval agreed to by the applicant allows for this.
9.3 The Central Lake Ontario Conservation has no objections to the approval of the Draft
Plan of Subdivision.
It was noted that the proposed development must conform to the requirements of the
final Master Drainage Plan (MDP) for the Energy Park, currently being completed by the
Municipality of Clarington.
The subject site straddles two watersheds, the Tooley Creek and a smaller watercourse
which drains directly to Lake Ontario, commonly referred to as Osborne Creek. Central
Lake Ontario Conservation Staff note that water quantity control will be required, as
stormwater drainage from the site will ultimately pass through the existing culverts
under the CN Railway located to the south. Further, stormwater drainage directed to
Tooley Creek is required to have Level 1 (Enhanced) water quality controls. Storm
drainage directed to Osborne Creek would require Level 2 water quality treatment prior
to discharge to the receiving watercourse.
The submitted Functional Servicing Report proposes to drain the development site to
Osborne Creek. The suggested discharge of storm drainage to this watercourse is
acceptable, as the drainage area of the site identified as draining to Tooley Creek is
minimal and likely altered through existing drainage ditches within the immediate area.
The report indicates that on-site water quantity controls will be utilized in order to control
post-development flows to pre-development rates. The use of on-site controls is
acceptable to Authority staff given the proposed development, however, this approach
would not relieve the .proponent of any additional requirements to be implemented
through the Clarington Energy Park MDP.
The submitted report identifies that Level 1 water quantity treatment is to be provided on
site through various techniques such as infiltration and LEED's building design
measures. stormwater discharge to Osborne Creek only requires Level 2 (Normal)
treatment, however, should specific on-site measures such as infiltration measures be
pursued then the proponent should investigate pre-treatment of storm flows, prior to
storm flows draining into these infiltration works. Should infiltration measures be
REPORT NO.: PSD-025-09
PAGE 7
incorporated into the site, the proponent should provide appropriate soils and
groundwater information to support such measures.
9.4 Clarington Engineering Services provided a number of conditions of Draft Approval
which require the following:
^ a road widening for South Service Road for an ultimate 23 metre right-of-way;
^ the submission of Stormwater Management and Lot Grading Plans which comply
with the Clarington Energy Business Park Master Drainage Plan. The plans will
outline means to control water quality and quantity fora 100 year event and the
means by which the Stormwater flows will be conveyed;
^ development cannot proceed until the Municipality approves the expenditure of
funds for the reconstruction of Osborne Road from South Service Road to the
southern limit of the lands (proposed for 2010 budget);
^ construction of Energy Drive within the limits of the subject lands;
^ securities for 50% of the construction costs for Streets `A' and 'B';
• the Owner to contribute to the cost of constructing shared Stormwater management
facilities for the Clarington Energy Business Park once the lands are developed to a
point which would require the elimination of on-site Stormwater management
facilities or increase the runoff beyond pre-development levels.
10.0 STAFF COMMENTS
10.1 Ontario Power Generation (OPG) intends to submit a site plan application shortly after
the proposed subdivision is Draft Approved. Although the details are yet to be finalized,
it is intended that existing office space leased throughout the Region will be
consolidated on the lands by end of 2011.
10.2 OPG intends to design a green facility with the potential to obtain a LEED rating
(Leadership in Energy and Environmental Design). This would not only assist in
meeting many of the "Energy, Water and Waste" and "Building Design and
Construction" policies of the Clarington Energy Business Park Secondary Plan, it would
also afford a 50% rebate on Development Charges. As a Condition of Approval, the
applicant will be required to submit an Environmental Sustainability Plan which will
identify proposed techniques for reducing Stormwater runoff, improving water quality
and conserving energy.
10.3 The Master Drainage Plan (MDP) for the Clarington Energy Business Park is currently
being finalized. The Draft Final MDP contains a phased approach to managing
Stormwater in the Clarington Energy Park. In recognition of the importance of facilitating
industrial development quickly, the MDP will allow properties to develop by managing all
Stormwater on-site initially.
10.4 As properties develop and demand for the land intensifies, the second phase of the
MDP will provide landowners with the opportunity to contribute to the construction of a
shared stormwater management system which will convey all 100 year post-
development storm event flows under the CN Rail Corridor via an underground storm
REPORT NO.: PSD-025-09
PAGE 8
site stormwater management facilities for quantity control to free up additional lands for
industrial development
10.5 Prior to scheduling a recommendation report to Committee and Council on a Draft Plan
of Subdivision application, 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 and that they be identified for further discussion purposes. The applicant has
provided concurrence with the attached Conditions of Draft Approval.
11.0 CONCLUSIONS
11.1 In consideration of the comments received from circulated agencies and review of the
proposal, staff recommend approval of the Draft Plan of Subdivision S-C-2008-0001 as
contained in Attachment 2, subject to the Conditions contained in Attachment 3.
Attachments:
Attachment 1 -Key Map
Attachment 2 -Proposed Draft Plan of Subdivision with red line revisions
Attachment 3 -Conditions of Draft Approval
Attachment 4 - By-law Authorizing Subdivision Agreement
Interested parties to be notified of Council and Committee's decision:
Shirley Crago
Linda Gasser
Bill Collie, Ontario Power Generation Inc.
Nick Mensink, Sernas Associates
John Mutton
Richard Ward
Attachment 1
To Report PSD-025-09
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To Report PSD-025-09
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Attachment 3
To Report PSD-025-09
CONDITIONS OF DRAFT APPROVAL
FEBRUARY 11, 2009
FILE NO.: S-C-2008-0001
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision S-C-2008-0001 prepared by Sernas Associates identified as project number
07184, dated July, 2008, as red-line revised, which illustrates three blocks for industrial
development and a block for a widening to accommodate a 23 metre right of way for
South Service Road, and a block for the Highway 407/401 east link interchange.
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 prepare an Environmental Sustainability Plan, prior to final approval,
for approval by the Director of Planning Services and the Director of Engineering
Services. This plan must be approved by the Municipality of Clarington, and shall
identify specific measures on how development in Plan S-C-2008-0001, will conform to
the Master Drainage Plan and consider the following techniques to reduce stormwater
runoff, improve water quality and conserve energy:
i) capturing rainwater for reuse in landscape irrigation and other non-potable water
applications;
ii) vegetated swales to filter and detain stormwater;
iii) porous surtaces for pathways, patios and parking lots to allow infiltration of
stormwater;
iv) greywater systems that capture stormwater runoff and other greywater for reuse
in toilets and industrial operations;
v) the use of renewable energy sources for building systems and exterior lighting,
such as solar, wind and geothermal;
vi) cogeneration, i.e., capturing and using heat from power generation;
vii) green roofs, and,
viii) other techniques encouraged by the policies of the Clarington Energy Business
Park Secondary Plan.
5. 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.
6. The Owner shall red-line draft plan of subdivision S-C-2008-0001 prepared by Sernas
Associates identified as project number 07184, dated July, 2008, as follows:
i) to create a block for the required road widening for South Service Road as
described in Condition Number 11;
ii) Change "Proposed Energy Drive" to "Street 'C";
iii) Extend Street 'A' to meet South Service Road and provide 5X5 metre sight
triangles where Osborne Road and Street `A' meets South Service Road.; and
iv) Block 4 is to be revised to include lands for the 5x5 metre sight triangles at the
north end of Osborne Road and Street 'A'.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
7. The Owner shall submit plans showing the proposed phasing of the subdivision 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.
8. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist
Report to the Director of Planning Services to demonstrate that the proposed
development will not adversely impact the existing wells in the surrounding areas.
9. 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
10. 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.
11. The Owner shall convey a road widening along the entire north limit of the subject lands
fronting onto South Service Road that would result in a right-of-way width of 23 metres
to the Municipality of Clarington for the ultimate South Service Road right-of-way. The
Owner also agrees to convey a 10 metre wide extension of Street A to the South
Service Road, plus a 5 metre X 5 metre sight triangle if Block 4 has not been acquired
by the Ministry of Transportation within five (5) years of the date of the execution of the
subdivision agreement.
12. The Owner shall convey a 5 metre x 5 metre sight triangle on the southeast corner of
South Service Road and Osborne Road, the northwest corner of Block 1 and the
northeast corner of Block 2 to the Municipality of Clarington free and clear of any
encumbrances.
13. The Owner shall be required to construct Street 'C' from Osborne Road to the east
limit of the subject lands to a fully urbanized Type 'C' Arterial Road industrial standard
as defined in the Clarington Official Plan at 100% of the developer's cost. Street 'C' will
be required to be constructed within a 30 metre right-of-way to the satisfaction of the
Director of Engineering Services and must include (but not limited to):
• full municipal services including water, sanitary sewer and storm sewer;
• 14 metre paved street width with industrial granular base and asphalt design
including full curb and gutter, sidewalks on both sides and street lighting;
• 5 meter landscaped median; and
• temporary turning circle at the east limit constructed within the limits of the Draft
Plan.
14. The Owner acknowledges and agrees to submit for approval an updated Traffic Impact
Study addressing the impact(s) on the South Service Road at the time of submission of
each site plan application for the lands located within Draft Plan of Subdivision S-C-
2008-0001. The recommendations of each updated Traffic Impact Study are to be
implemented at the Owner's expense (100%) through the site plan application process,
subject to the approval of the Director of Engineering Services. Any decision with
respect to the approval of the updated Traffic Impact Study and the recommendations
for improvements to the South Service Road are at the sole discretion of the Director of
Engineering Services.
15. Temporary turning circles may be required depending upon the phasing of the
development. The need for any additional temporary turning circles and frozen blocks
will be determined at the engineering stage solely at the discretion of the Director of
Engineering Services.
16. The Owner shall provide acash-in-lieu of parkland payment in accordance with Section
42 of the Planning Act based on the value of the lands on the day before the issuance
of a building permit.
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 provide and install sidewalks, street lights, temporary turning circles
etc., as per the Municipality's standards and criteria.
19. The Owner shall cause all utilities, including hydro, telephone, Cable TV, etc., to be
buried underground.
20. That prior to the issuance of building permits, access routes to the subdivision must be
provided to meet 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 the Ontario Fire Code, storage of combustible waste be
maintained and open burning as per the Ontario Fire Code.
21. The Owner agrees to undertake a well monitoring/well interterence program. Further,
the Owner agrees that where the well or private water supply of any person is interfered
with as a result of construction or the development of the subdivision, the Owner shall at
his expense, either connect the affected party to municipal water supply system or
provide a new well or private water system so that water supplied to the affected party
shall be of quality and quantity at least equal to the quality and quantity of water enjoyed
by the affected party prior to the interterence.
22. 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.
23. 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.
24. The Owner 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.
25. The Owner is required to submit a signed Record of Site Condition (RSC) to the
Regional Municipality of Durham, the Municipality of Clarington and the Ministry of
Environment (MOE). This RSC must be to the satisfaction of the Region, including an
Acknowledgement of Receipt of the RSC by the MOE.
26. The Owner shall carry out a cultural heritage resource assessment of the subject
property and mitigation and/or salvage excavation of any significant heritage resources
to the satisfaction of the Regulatory and Operations Group of the Ministry of Culture.
No grading or other soil disturbance shall take place on the subject property prior to a
letter of clearance from the Regulatory and Operations Group of the Ministry of Culture.
27. Prior to final approval, the Owner shall submit a revised Traffic Impact Study to the
Ministry of Transportation for review and approval.
28. Prior to final approval, the Owner shall confirm the right of way limits of the Highway 407
East Durham Link Interchange and the relocated South Service Road with the Ministry
of Transportation and the Municipality of Clarington, for their review and approval. The
south limit of Block 4 may be redefined based on the final property limit requirements of
the Ministry of Transportation and the Municipality of Clarington, inclusive of sight
triangles.
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 techniques/facilities must be designed and
implemented in accordance with the Clarington Energy Park Master Drainage
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 undertaken;
and
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 agrees to submit for review and approval appropriate soils and groundwater
information/reports which are to be submitted in support of any proposed infiltration
measures or works to be undertaken on site.
31. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain among other matters, the following provisions:
a) The Owner agrees to carry out the works referred to in Condition 29 and 30 to
the satisfaction of the Central Lake Ontario Conservation Authority.
b) The Owner agrees to maintain all stormwater 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.
c) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48
hours prior to the commencement of grading or initiation of any on-site works.
32. 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.
33. The Owner shall submit a stormwater Management Plan Report for the subject lands
which outlines the means by which minor and major flows will be controlled on-site with
respect to water quality and water quantity up to and including the 1:100 year event.
The report must:
• Comply with the interim stormwater control measures outlined in the final Clarington
Energy Business Park Master Drainage Plan- Alternative 1, or as otherwise
approved by the Director of Engineering Services;
• Include the use of stormwater techniques which are appropriate and in accordance
with the provincial guidelines;
• Demonstrate that there will be no impact from the development on water quality as it
relates to fish and wildlife habitat;
• Demonstrate the means whereby erosion and sedimentation will be minimized on
and off site during and after construction in accordance with provincial guidelines;
and
• Include documentation with respect to on-site groundwater conditions and
recommendations with respect to the maintenance of groundwater conditions and
contribution to base flows to Osborne Creek and Tooley Creek.
The stormwater Management Plan Report will be subject to the approval of the Director
of Engineering Services and the Central Lake Ontario Conservation.
34. The development cannot proceed until the Municipality has approved the expenditure of
funds for the reconstruction of Osborne Road from South Service Road to the south
limit of the subject lands (along the entire frontage of the subdivision lands) to a full
urban industrial road standard in accordance with the Clarington Energy Business Park
Secondary Plan including but not limited to:
• Full municipal services including water, sanitary sewer and storm sewer;
• 10.5 metre paved street width with industrial design granular base and asphalt
including full curb and gutter, sidewalks and streetlighting; and
• Landscaped boulevards and street trees.
35. The Owner will be responsible for 100% of the cost of storm sewer oversizing required
to convey 5 year post-development flows from the subject lands on Osborne Road to
the outlet at the CN Railway to the satisfaction of the Director of Engineering Services.
36. As a condition of approval for any future site plan amendments or submissions for
intensification of said lands that would require the elimination or alteration of on-site
stormwater management facilities or increase runoff beyond predevelopment levels,
certain stormwater management infrastructure works must be completed off-site as
outlined in the final Clarington Energy Business Park Master Drainage Plan- Alternative
3, or as otherwise approved by the Director of Engineering Services. The Owner shall
contribute to the cost of construction of the requisite off-site works at a pro rated share
of as constructed costs (currently estimated in the Clarington Energy Business Park
MDP) to the satisfaction of the Director of Engineering Services. These works would
include, but not be limited to the construction of:
• overland conveyance ditches upstream and downstream of the CN Railway;
• associated erosion control measures required for conveyance of uncontrolled flows;
• inlet structures as required to capture 100 year post development storm event
flows; and
• underground storm system sized to convey 100 year post development storm
event flows under the existing CN Rail Corridor including structures and diversion
weirs.
37. The Owner will be required to submit a preliminary lot grading plan which clearly
outlines the means by which stormwater (major and minor) flows will be conveyed in
accordance with the stormwater Management Plan Report from the subject lands. The
grading plan must comply with the recommendations of the Clarington Energy Business
Park Master Drainage Plan. The lot grading plan is subject to the approval of the
Director of Engineering Services.
38. The Owner will be required to provide securities acceptable to the Municipality for 50%
of the total cost of the construction of future Street 'A' and future Street 'B' to a fully
urban local industrial road standard from the south limit of Block 4 to the south limit of
the subject lands. The estimated cost of construction must be prepared to the
satisfaction of the Director of Engineering Services and will include but not be limited to:
• any water, sanitary or storm services required to benefit the subject lands;
• 10.5 m. pavement width with full curb and gutter, sidewalk, street lighting,
landscape borders and street trees; and
• temporary turning circles (if required).
39. The obligations of the Owner for works required external to the subdivision lands as
approved by the Director of Engineering Services will be addressed in a Servicing
Agreement and/or the Subdivision Agreement and included in Schedule "G" and
secured under Schedule "J" to the satisfaction of the Director of Engineering Services.
40. 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.
41. 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.
42. 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.
43. 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.
44. 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.
45. The Owner is hereby advised that prior to commencing any work within the Plan, the
Owner must confirm that sufficient wire-line communication/ telecommunication
infrastructure is currently available within the 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).
46. The Owner shall agree in the Agreement, to grant 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 telecommunication facilities or
easements, the Owner shall be responsible for the relocation of such facilities or
easements.
47. The Owner shall provide one or more conduit or conduits of sufficient size from each
unit to the room(s) in which the telecommunication facilities are situated and one or
more conduits from the room(s) in which the telecommunication facilities are located to
the street line.
48. The Owner is responsible for preparing a composite utility plan that allows for the safe
installation of all utilities, including required separation between utilities.
49. The Owner agrees to construct all streets in accordance with composite utility approved
by all utilities.
50. 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 the Municipality and the service provider.
51. The Owner shall ensure that all natural gas distribution systems are installed within the
proposed road allowances. In the event that this is not possible, easements will be
provided at no cost to the service provider.
52. 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 Regional Planning Department, how Conditions 1, 3, 7, 25, 26 and 41-
44 have been satisfied;
b) Central Lake Ontario Conservation Authority, how Conditions 29-32 have been
satisfied;
c) Ministry of Transportation, how Conditions 27-28 have been satisfied;
d) Service provider, how Conditions 46-48 have been satisfied; and
e) Service provider, how Conditions 49-51 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, L1 H 3T3 (905) 579-0411.
b) Ministry of Transportation, Corridor Control Section, 301 St. Paul Street, 2nd Floor,
St. Catherines, Ontario, L2R 7R4 (905) 704-2913.
c) Enbridge Gas Distribution Inc., P.O. Box 650, Scarborough, ON M1K 5E3
d) Bell Canada, Development & Municipal Services Control Centre, Floor 5, 100
Borough Drive, Scarborough, ON M1 P 4W2
e) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623,
Whitby, ON L1N 6A3 (905-668-7721)
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
Attachment 4
To Report PSD-025-09
being a By-law to authorize entering into an Agreement with the Owner(s) of Draft Plan
of Subdivision S-C-2008-0001, any Mortgagee who has an interest in the said Lands,
and the Municipality of Clarington, in respect of S-C-2008-0001
WHEREAS the Owner(s) of Draft Plan of Subdivision S-C-2008-0001 is now ready to proceed
to finalize the Subdivision Agreement: and
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
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-2008-0001.
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 2pOg
BY-LAW read a second time this day of 2009
BY-LAW read a third time and finally passed this day of 2009
Jim Abernethy,
Patti L. Barrie, Municipal Clerk