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d DN: PD-97-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
Date:
Monday, August 31, 1998
Report #: PD-97-98 FILE #: DEV 97-002 & 18T-96014)
Res. #
By-law #
Subject: REZONING APPLICATION AND PROPOSED PLAN OF SUBDIVISION
APPLICANT: BAYLY HOLDINGS
PART LOT 16, CONC. 1, FORMER TOWNSHIP OF DARLINGTON
FILE NO.: DEV 97-002 AND 18T-96014
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-97-98 be received ;
2. THAT application for proposed draft plan of subdivision 18T-96014, submitted by
The Greer Galloway Group Inc. on behalf of Bayly Holdings Ltd. revised and dated
February 6, 1998 and as further red-line revised, as per Attachment No. 4, be
partially draft approved subject to the conditions contained in Attachment No. 3;
3. THAT the Mayor and Clerk be authorized, by By-law, to execute a Subdivision
Agreement between the Owner and the Municipality of Clarington, at such time as
a Subdivision Agreement has been finalized to the satisfaction of the Director of
Public Works and the Director of Planning and Development;
4. THAT application to amend the former Town of Newcastle Comprehensive Zoning
By-law 84-63, as amended, submitted by The Greer Galloway Group Inc. on behalf
of Bayly Holdings Ltd. be approved in part as contained in Attachment No. 5;
5. THAT a copy of this report and Council's decision be forwarded to the Region of
Durham Planning Department; and
6. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Bayly Holding Ltd.
1.2 Agent: The Greer Galloway Group Inc.
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REPORT NO.: PD- 97-98
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1.3 Rezoning Application:
from "Agricultural (A)" to an appropriate zone to permit the
development of a plan of subdivision containing 335 dwelling units
1.4 Proposed Plan of Subdivision:
The 335 units are proposed to be developed over 3 phases with the following
breakdown:
on-street block
singles semi/link townhouses townhouses total
Phase I (units) 16 52 45 113
Phase II (units) 21 48 69
Phase III (units) 25 62 16 50 153
TOTAL: 62 162 61 50 335
Phase II lands include a block for 1000 mZ of neighbourhood commercial use.
Phase III lands include a block for neighbourhood park and a block for Separate
Elementary School.
1.4 Land Area: 18.735 ha (43.82 acres)
2. LOCATION
2.1 The subject property is located north of Baseline Road, east of Green Road, south of
the C.P. Railway and west of West Side Drive. The land is described as being in
part of Lot 16, Concession 1, former Township of Darlington.
3. BACKGROUND
3.1 The referenced subdivision application was circulated to the Municipality in
December 1996. The Municipality received the subject rezoning application on
January 7, 1997. A joint public meeting for the proposed Plan of Subdivision and
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REPORT NO.: PD- 97-98
PAGE 3
rezoning application was held March 3, 1997. The applicant was the only person
to speak at the meeting.
3.2 The subject site, and adjacent lands to the west are characterized by a large
drumlin. Said feature has a significant impact on the road and servicing design. As
a result, the Municipality prepared a design profile for the construction of Green
Road and the Baseline Road/Green Road intersection. The developer was provided
a copy of this profile and all grading for the proposed plan was required to conform
to the ultimate Green Road road profile.
3.3 The applicant has submitted the following documents in support of the application:
• Preliminary Servicing and Stormwater Management Report;
• Environmental Noise Impact Study;
• Phasing Plan;
• Transportation Study;
• Street Parking Layout Plan; and
• Site Screening Questionnaire.
4. EXISTING AND SURROUNDING USES
4.1 The existing site is currently vacant and is characterized by part of a drumlin which
impacts the southern third of the subject lands.
4.2 Surrounding land uses are as follows:
South: Baseline Road and an existing residence on the south side of the road;
East: residential development associated with the Aspen Springs subdivision;
North: Canadian Pacific Railway; and
West: vacant land subject to applications for rezoning and proposed Plan of
Subdivision.
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REPORT NO.: PD- 97-98
5. OFFICIAL PLAN POLICIES
PAGE 4
5.1 Within the Durham Regional Official Plan the subject property is designated "Living
Area". Said designation shall permit the development of communities with defined
boundaries, incorporating the widest possible variety of housing types, sizes and
tenure. The proposed use appears to conform. The'subject property is bounded by
Baseline Road and the Green Road road allowance which are designated Type "A"
and "B" arterials, respectively, in the Regional Plan.
5.2 Within the Clarington Official Plan the subject lands are designated Urban
Residential within the Bowmanville Urban Area. The lands are part of the Westvale
Neighbourhood (No. 13), which has a population target of 4700 people and a unit
target of 1750. Furthermore, the lands contain two medium density symbols, a park
symbol, a separate elementary school symbol, and a neighbourhood commercial
designation. The Transportation Schedule identifies a collector road bisecting the
northern part of the site, forming the extension of Aspen Springs Drive. Green Road
is identified as a Type B arterial, while Baseline Road is designated a Type A
arterial.
5.3 The urban residential designation permits low density development to occur up to a
density of 30 units per net ha and medium density may achieve 31 to 60 uph.
Although the Official Plan establishes a range of net densities, development may
not necessarily take place near the upper end of the density category, but rather
shall be governed by the population allocation. The policies for the housing targets
state that the allocation of housing units within each medium and high density
residential area will generally be based on equal share of the total housing units in
each category. Furthermore, the medium density policies state that block
townhouse development shall generally not exceed 50 units and on-street
townhouse units shall not be sited on opposite sides of the street unless adequate
on street parking can be provided to the satisfaction of the Municipality.
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REPORT NO.: PD- 97-98
PAGES
5.4 The development has an overall density of 31.5 uph. However, this includes the
medium density components. The 224 proposed low density units have a density
of 28.73 uph. The application is deemed to conform.
5.5 Section 5, Growth Management, of the Clarington Official Plan contains provisions
for reviewing residential development applications. Section 5.3.9 (c) specifically
states:
"Council may declare a residential draft plan of subdivision to be premature
and recommend it not be approved if ... the capital works and services
required to service the lands and the future residents are not within the
Municipality's current capital budget or 10 year capital works forecast as
updated from time to time".
Green Road, Baseline Road and the designated Neighbourhood Park are not
currently within the Municipality's 10 year capital work forecast or Development
Charge By-law. This issue is discussed in Sections 7.10, 7.11, 8.8 and 8.9.
6. ZONING
6.1 The current zoning on the subject property is "Agricultural (A)". Said zone would
not permit the development of the proposed plan of subdivision, hence the need for
the rezoning application.
7. AGENCY COMMENTS
7.1 In accordance with departmental procedure the subject application was circulated
to a number of agencies and departments for comment. The following agencies
provided comments stating they had no objection to the proposed applications:
Ontario Hydro; GO Transit; Fire Department; and Canada Post
7.2 The Public School Board advised that the proposed plan of subdivision would yield
approximately 115 students. As a result the school board requested sidewalks on
all road frontages and that a condition requiring the development of the subject
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REPORT NO.: PD- 97-98
PAGE 6
lands be phased in accordance with availability of satisfactory school
accommodation.
7.3 The Separate School Board has provided comments advising that Block 158 the
school block, and lots 8 to 15 inclusive be reserved for school purposes. The eight
(8) lots shall be reserved for a maximum of seven years from the date of registration
of that portion of the plan of subdivision which includes the subject lots. The
School Board has provided detailed conditions with respect to servicing and
conditions on the purchase of the lands.
7.4 The Central Lake Ontario Conservation Authority has advised that they are prepared
to support the proposed development, as the property limits are within an approved
Master Drainage Plan (MDP) area. They further requested that the lands be rezoned
with a Holding (H) symbol, until such time as the storm water management works,
detailed in the MDP, required to service these lands are completed. The Authority
has requested several conditions be included in any consideration for draft approval
of the subdivision application.
7.5 The Clarington Public Works Department provided detailed comments and
conditions on the rezoning and proposed plan of subdivision applications. Works,
Engineering Division Staff have advised that development of the southerly portion
of the proposed draft plan is contingent upon the development of plan of
subdivision 18T-90050 to the east, and the applicant constructing, to full municipal
standards, extensions of Street "E" and Street "F". Temporary entrances from Green
Road will not be permitted.
7.6 The development of this plan prior to the reconstruction of Green Road will require
motorists to utilize West Side Drive and Aspen Springs Drive as interim access to
the subdivision. As a result, a Traffic Infiltration Study was requested and prepared
by the applicant's consultant in support of the proposal. Traffic calming measures
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REPORT NO.: PD- 97-98
PAGE 7
will be required in the event additional traffic created by this development
adversely effects the existing collector road system. The applicant is responsible to
implement a Traffic Monitoring Report prepared by the applicant's transportation
engineer. The monitoring will determine such things as actual traffic distribution
and volumes; and the need and type of traffic calming technique or improvements
to the collector road network. Any works required will be the financial
responsibility of the applicant.
7.7 The phasing plan submitted by the applicant is acceptable. Phasing and
development of the subdivision will be dependent on the construction of the
stormwater management works for this watershed, external servicing and
construction and funding of the neighbourhood park and external road
improvements.
7.8 The applicant is to construct a storm water management facility and the storm
drainage works necessary to service this watershed, as proposed in the West Side
Creek Master Drainage Study. Prior to approval of any phases subsequent to phase
one (1) ,the applicant shall provide a Storm Water Management Implementation
Report and Site Servicing Report which provides for the sequential construction of
the stormwater management works necessary for the entire watershed.
Consideration should be given to the major overland flows from the lands north of
the CPR.
7.9 The subdivision must be graded in a manner which is compatible with the future
Green Road road profile prepared by the Municipality. Completion of the grading
and drainage works for the subdivision will require grading to take place on Green
Road as well as the lands situated on the west side of Green Road. The applicant
will be 100% responsible for any external earthworks required to achieve
compatibility between the subdivision and the future Green Road road profile.
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REPORT NO.: PD- 97-98
PAGE8
7.10 Works staff further advises that the municipal infrastructure servicing requirements
(parks, roads, street lighting and sidewalks) and phasing of this development
restricts support of Draft Approval and registration of this proposal to Phase 1 only.
7.11 Support for draft approval of subsequent phases will be deferred until the
Municipality's Development Charge By-law includes the construction of the
neighbourhood park, construction of Green Road, reconstruction of Baseline Road,
installation of street lighting and sidewalks on Baseline Road and Green Road and
any works or services external to this plan deemed necessary by the Director of
Public Works to service this development. Once Draft Approval for the balance of
lands has been received, registration beyond Phase 1 shall not proceed until the
Municipality has approved the expenditure of funds for the provision of the
construction of the neighbourhood park, construction of Green Road, reconstruction
of Baseline Road, installation of street lighting and sidewalks on Baseline Road and
Green Road and any works or services external to this plan deemed necessary by
the Director of Public Works to service this development;
7.12 The applicant is proposing a 1.3 ha parcel, which will form the majority of the
designated neighbourhood park. The future park will have a total area of 1.6 ha
with frontage on both West Side Drive and Street "A". The applicant shall dedicate
the park block to the Municipality free and clear of all encumbrances, and in a
condition satisfactory to the Director of Public Works.
7.13 Regional Works staff advised that the subject lands are within the Zone 2 water
distribution system for Bowmanville. At such time the population within Zone 2
reaches 7000 (presently 6000), a Zone 2 reservoir will be required. The reservoir is
not scheduled to be included in the Regional budget until the year 2000. As the
population approaches 7000, potential residential developments will be put on
hold. Municipal sanitary sewerage capacity is available from the existing 600 mm
truck sewer located on Baseline Road and West Side Drive. Proposed streets "E"
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REPORT NO.: PD- 97-98
PAGE9
and "f" are dependant on sewers being extended through adjacent proposed plan of
subdivision 18T-90050. Municipal water can be provided from the existing 300 mm
watermain on Baseline Road at West Side Drive. Appropriate widenings are
indicated adjacent to both Baseline Road and Green Road. Regional Works
provided a number of conditions for draft approval.
7.14 Regional Planning provided comments on the proposed rezoning application stating
the site is designated "Living Area", in the Durham Regional Official Plan. The
application is deemed to conform to the Regional Plan. Planning staff have
identified two barns located on lands adjacent to the subject applications. The two
barns are located within the urban area. Their comments request, that prior to draft
approval being granted, confirmation be received that the barns have been
demolished.
7.15 Canadian Pacific Railway officials provided comments stating they oppose the
proposed development. Residential development is not considered compatible
with railway operations. The health, safety and welfare of future residents could be
adversely affected by railway activities. However, having said that, should the
application be approved CPR requested various conditions of draft approval be
imposed. The conditions requested include:
• the development of a berm, or combination berm and noise attenuation fence,
with a minimum height of 5.5 metres;
• all dwellings shall be setback a minimum of 30 metres from the railway property
line;
• ground vibration transmission is to be tested and measures employed to ensure
acceptable levels are achieved;
• warning clauses on title of all purchase and sale agreements; and
• erection of 1.8 m chain link fence on the common property line.
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REPORT NO.: PD- 97-98 PAGE 10
8. STAFF COMMENTS
8.1 The applicant proposes to develop a plan of subdivision containing a total of 335
units. Said total consists of 62 singles, 81 semi-detached link lots (162 units), 61
on-street townhouse units, and 50 stacked townhouse units. The development also
includes a neighbourhood park, a separate elementary school and a 0.3 ha
neighbourhood commercial site.
8.2 With reference to the Region's comments respecting removal of existing barns, it is
noted that the Ministry of Agriculture, Food and Rural Affairs (OMFRA), MDS
(Minimum Distance Separation) guideline state: "The Ontario Ministry of
Agriculture, Food and Rural Affairs (OMFRA) does not apply MDS I to proposed
non-agricultural uses in an approved urban designation". The subject lands are
within the Bowmanville Urban Area, therefore the request by Regional Staff to
remove the specified barns appears questionable and should be re-examined by
Regional Staff.
8.3 The applicant has undertaken some modifications to the proposal since the original
submission to address issues raised in the staff report presented at the public
meeting. The revisions include:
modifying the mix of units to increase the number of single family dwelling units
and reducing the number of townhouse units;
reconfiguring the park and school blocks in a form acceptable to both the
Municipality and the Separate School Board;
adjusting road alignments to ensure proper connections with adjacent existing
and proposed developments; and
• reducing the number of individual access points to the collector road system.
8.4 The issue of on-street parking has been reviewed for the proposal. At the south end
of the proposed development, where the on-street townhouse units are proposed,
the applicant has demonstrated that 41 on-street parking spaces, can be
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REPORT NO.: PD- 97-98
PAGE 11
accommodated. The Municipality's criteria requires 25 spaces to be provided. The
required number of on-street parking spaces is based on the following ratio:
One (1) parking space for every three (3) on-street townhouse units; and
One (1) parking space for every four (4) semi-detached/link units.
8.5 The proposal provides a mix of single detached dwellings, semi-detached/link
dwellings, on-street and block townhouse units. The mix of units is in conformity
with the policies of both the Regional and Local Official Plans. Furthermore, the
proposal is considered to be inconformity with the Provincial Policy Statement.
8.6 The applicant has submitted an Environmental Noise Impact Report in support of
the application. The report suggests that noise attenuation measures must be
implemented to achieve Ministry of the Environment and Energy standards for
dwellings proposed adjacent to Baseline Road and adjacent the railway. In
addition, warning clauses are required for lots adjacent to both Baseline Road and
Green Road, as well as CPR line. In the case of the railway the report recommends
a 4.6 metre high barrier comprised of earth berm, 2.5 metres, and acoustical
fencing, 2.1 metre. The Municipality will not accept noise fencing on top of the
berm, with no openings, and a chain link fence demarcating the property line. The
area between the two fences is not typically accessible for maintenance, as the
acoustical fence is to have no gaps. However, development adjacent the railway is
proposed to be a block townhouse development. This block will be developed
through site plan approval as one large block. As a result, staff are confident that a
solution to this issue can be found prior to development of said block.
8.7 The developer submitted a phasing plan for the subject development. The phasing
plan was approved by Public Works, illustrating three (3) phases of development
(see Attachment No 2). Phase one (1) is to be adjacent to Baseline Road and is
sequential to 18T-90050 which Committee and Council considered and
recommended Draft Approval to in June 1998.
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REPORT NO.: PD- 97-98 PAGE 12
8.8 Public Works staff have further commented, as noted in section 7.10 and 7.11, that
the Municipality's Development Charge By-law must be amended to include the
construction of the neighbourhood park, construction of Green Road, reconstruction
Baseline Road, and the installation of street lighting and sidewalks on Baseline Road
and Green Road, prior to draft approval and registration of any phase subsequent to
phase one of this plan.
8.9 Council is not expected to consider a new Development Charges By-law until the
Spring of next year. In consideration of the comments from Public Works and the
policies of the Clarington Official Plan dealing with Growth Management, (Section
5.5 of this report), it appears that phases two (2) and three (3) are premature to be
considered for draft approval at this time. As a result, Staff recommend that a partial
draft approval be provided to the lands included in Phase I of the phasing plan only.
The balance of the lands are considered premature at this time, and should be left
as a future development block.
9. CONCLUSION
9.1 In consideration of the comments received from the circulated agencies, Staff
recommend partial draft approval of the proposed draft plan of subdivision, as red-
line revised in Attachment No. 4, and subject to the conditions contained in
Attachment No. 3. Furthermore, the subject rezoning application is recommended
for approval with a Holding (H) symbol as it applies to the phase I lands. The
holding symbol will be removed by By-law once the owner has enter into a
subdivision agreement with the Municipality, to the satisfaction of the Director of
Public Works and the Director of Planning and Development.
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REPORT NO.: PD- 97-98
Respectfully submitted,
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Franklin Wu, M.C.I.P., R.P.P.
Director of Planning & Development
CP*FW*cc
20 August 1998
Reviewed by,
PAGE 13
W.H. Stockwell,
Chief Administrative Officer.
Attachment No. 1 - Key Map
Attachment No. 2 - Phasing Plan
Attachment No. 3 - Conditions of Draft Approval
Attachment No. 4 - Red-line revised plan of subdivision
Attachment No. 5 - Proposed Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
David Tsluk The Kaitlin Group Ltd.
20 Landerville Lane 1029 McNicoll Avenue
BOWMANVILLE, Ontario L1C4W8 Scarborough, Ontario M1W 3W6
Robert and Heila Stewart
20 Bottrell Street
BOWMANVILLE, Ontario L1C 4Z8
Bob Annaert
D.G. Biddle & Associates Ltd.
96 King Street East
Oshawa, Ontario L1 H 1 B6
G. M. Sernas and Associates Ltd.
110 Scotia Court,
Unit 41
WHITBY, Ontario L1 N 8Y7
William Colville
974 Green Road, Box 44
Bowmanville, Ontario L1C 3K8
The Greer Galloway Group Inc.
40 King Street West
Suite 204
OSHAWA, Ontario L1H 1A4
Bayly Holdings Ltd.
409 Salem Road
R.R. # 1
AJAX, Ontario L1 S 4S7
- 6~6
ATTACHMENT N0.1
SUBJECT SITE
OTHER LANDS OWNED BY APPLICANT
LOT 17 LOT 16 LOT 15 LOT 14
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ATTACHMENT NO. 2
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ATT/-C#i11~NT MO. 3
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to part of draft Plan of Subdivision 18T-96014 prepared by Greer
Galloway Group Inc. dated revised February 6, 1998 (and further revised in red as per the
attached plan) showing 14 lots for single family detached dwellings, 27 lots for
semi-detached or linked dwellings (54 Units), 8 blocks for on-street townhouses (45 Units),
and various blocks for 0.3 metre reserve, road widening, site triangle and future
development.
FINAL PLAN REQUIREMENTS
2. That all streets within the Plan of Subdivision shall be dedicated as public highway and
shown as such on the final plan.
3. That all streets shall be named to the satisfaction of the Municipality of Clarington and
shown on the final plan.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. That the Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Public Works and the Director of Planning and
Development for review and approval. The Landscaping Plan shall reflect the design
criteria of the Municipality as amended from time to time.
5. That the Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Public Works, that details the storm
sewer system (minor system) and the major overland flow route (major system), for review
and approval. All plans and drawings must conform to the Municipality's Design Criteria as
amended from time to time. All grading and drainage must compatible with the grading of
the existing subdivision.
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` REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
6. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree
to abide by all terms and conditions of the Municipality's standard subdivision agreement,
including, but not limited to, the requirements that follow.
7. That all easements, road widening, and reserves as required by the Municipality shall be
granted to the Municipality free and clear of all encumbrances.
8. The applicant is responsible for the costs of connecting the proposed subdivision road
network to the existing road network at Bottrell Street, Street E, and Street F, to the
satisfaction of the Director of Public Works. Temporary entrances from Green Road and
Baseline Road will not be permitted.
9. The applicant is responsible for all costs associated with constructing the road network to
an urban standard.
10. All internal roads and lots must be constructed or graded in a manner which is compatible
with the future profile of Green Road between Baseline Road and the Canadian Pacific
Rai Iway.
11. The applicant is responsible to implement a Traffic Monitoring Report prepared by the
applicant's transportation engineer. This report shall be required for the duration of the
development of the subdivision to determine:
i) The actual traffic distribution and traffic volumes being generated from this
development in comparison to the traffic distribution assumed in the Traffic
Infiltration Study prepared by Transtech Inc. and on file with the Director of Public
Works;
ii) The need and type of traffic calming techniques or road improvements, diversion of
traffic or any other type of improvements needed to ensure that Aspen Spring
Driveand West Side Drive function appropriately, to the satisfaction of the Director
of Public Works;
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iii) Upon review of the Traffic Monitoring Report by the Director of Public Works, the
applicant is responsible financially or otherwise to construct or implement any
traffic calming improvements recommended by the report or required by the
Director of Public Works. The applicant is required to construct or implement these
improvements upon notice from the Director of Public Works.
iv) This Traffic Monitoring Report shall be implemented at the time of commencement
of Phase 1, prepared, and submitted periodically, satisfactory to the Director of
Public Works.
12. The applicant will be responsible for 100% of the cost of providing a suitable construction
access to the subdivision. The necessary access must not adversely impact the existing
subdivision to the east or cause undue inconvenience for existing residents.
13. That the proposed phasing for this plan of subdivision (18T-96014) dated May 1998, and
prepared by D. G. Biddle and Associates is acceptable. The phasing or development of
this draft plan of subdivision will be dependent on the construction of the stormwater
management works for this watershed, external servicing and the construction and funding
of the Neighbourhood Park and external road improvements.
14. The applicant will be responsible for 100% of the cost of any external earthworks which
are necessary to achieve compatibility between the subdivision and the future road profile
of Green Road. The applicant will be responsible for the lowering of the existing ground
to the future urban profile. The applicant will also be responsible for 100% of the cost of
any utility relocation necessary to meet this requirement. This work shall be undertaken in
co-operation with the applicant(s) of lands of the west side of Green Road abutting this
development. The nature and scope of these earthworks shall be to the satisfaction of the
Director of Public Works.
15. The applicant is responsible to construct the stormwater management facility and storm
drainage works necessary to service this watershed, which are proposed in the West Side
Creek Master Drainage Study, prepared by G. M. Sernas and Associates and as finally
approved by the Director of Public Works.
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r ~ 16. All grading and drainage works must be compatible with the grading of the existing
subdivision.
17. That the owner submitted a plan, for the review and approval of the Director of Public
Works, illustrating the landscape treatment along the Baseline Road, road allowance where
it abuts the proposed Street F road allowance.
18. That the Owner shall pay to the Municipality at the time of execution of the subdivision
agreement, cash-in-lieu of parkland dedication for residential development, equivalent to 1
ha per 300 dwelling units.
19. That the Owner shall pay to the Municipality, the development charges in accordance to
the Development Charge By-law, as amended from time to time, as well as payment of a
portion of front end charges pursuant to the Development Charge Act if any are required to
be paid by the owner.
20. That the Owner shall provide and install sidewalks, street lights, temporary turning circles
etc. as per the Municipality's standards and criteria.
21. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be
buried underground.
22. That 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. That the Owner shall adhere to architectural control requirements of the Municipality.
24. That prior to the issuance of building permits, the Owner shall, through its acoustic
engineer, to provide a certification to the Director of Planning, certifying that the Builder's
plans are in accordance with the Noise Control Report as approved by the Region of
Durham and the Municipality of Clarington.
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25. That the noise attenuation measures required adjacent proposed lot 142 be constructed
with a fence and berm combination, and that the fence not exceed a maximum height of
1.8 metres, unless approved by the Director of Planning and Development.
26. That prior to the issuance of building permits, access routes to the subdivision must be
provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all
watermains and hydrants are fully serviced and the Owner agrees that during construction,
fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code,
storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as
per Subsection 2.6.3.4 of the Ontario Fire Code.
27. The Owner agrees that where the well or private water supply of any person is interfered
with as a result of construction or the development of the subdivision, the Owner shall at
his expense, either connect the affected party to municipal water supply system or provide
a new well or private water system so that water supplied to the affected party shall be of
quality and quantity at least equal to the quality and quantity of water enjoyed by the
affected party prior to the interference.
28. That the applicant supply on disk, in a CAD format acceptable to the Municipality a copy
of the Final Plan of Subdivision as well as a copy of each phase of registration.
29. That the applicant satisfy the requirements of the Central Lake Ontario Conservation
Authority financially and otherwise.
- 633
ATTACHMENT4
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ATTAGHMENT NO. 5
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington.
WHEREAS the Council of the Corporation of the Municipality of Clarington has recommended
partial approval to the Region of Durham of proposed drak Plan of Subdivision 18T-96014.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 84-63, as amended, of the former Town of Newcastle to implement the proposed
draft Plan of Subdivision.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of
Clarington enactr as follows:
Schedule " 3" to By-law 84-63 as amended, is hereby further amended by changing the zone
designation from:
"Agricultural (Aj" to "Urban Residential Exception- Holding ((H)R1-41)";
"Agricultural (A)" to "Urban Residential Exception -Holding ((H)R2)";
"Agricultural (A)" to "Urban Residential Exception -Holding ((H)R2-17)"; and
"Agricultural (A)" to "Urban Residential Exception -Holding ((H)R3)";
as shown on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions
of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1998
BY-LAW read a second time this day of 1998
BY-LAW read a third time and finally passed this day of 1 ggg
MA
CLERK
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This is Schedule "A" to By-law 98-
passed this day of 1998 A.D.
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ZONING CHANGE FROM "A" TO "(H)R2"
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ZONING CHANGE FROM "A" TO " (H)R3"
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Mayor N
Clerk BOWMANVILLE
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