HomeMy WebLinkAboutPSD-016-11•
Leading the W~~gton R E P O RT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~o~% O7 ~
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Date: February 28, 2011 Resolution #: 6'-~-a~d~-law #: ~~~_ pap
Report #: PSD-016-11 File #: 18T-90003 and DEV 90-007
18T-89055 and DEV 89-067
Subject: TWO (2) PROPOSED DRAFT PLANS OF SUBDIVISION AND TWO (2)
ZONING BY-LAW AMENDMENT APPLICATIONS TO PERMIT A MIXED
RESIDENTIAL DEVELOPMENT
OWNER: KINGSBERRY PROPERTIES (1317870 ONTARIO LIMITED) &
WILLIAM TONNO CONSTRUCTION LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-016-11 be received;
2. THAT the application for the proposed Draft Plan of Subdivision, submitted by
Kingsberry Properties to permit the development of 70 residential units be approved,
subject to the conditions contained in Attachment 5 to Report PSD-016-11;
3. THAT the Zoning By-law Amendment application submitted by Kingsberry Properties be
approved as contained in Attachment 6 to Report PSD-016-11;
4. THAT the By-law authorizing the entering into a Subdivision Agreement between the
Owner of Draft Plan of Subdivision 18T-90003 and the Municipality of Clarington be
approved as contained in Attachment 7 to Report PSD-016-11;
5. THAT the application for the proposed Draft Plan of Subdivision, submitted by William
Tonno Construction Ltd. to permit the development of 77 residential units be approved,
subject to the conditions contained in Attachment 8 to Report PSD-016-11;
6. THAT the Zoning By-law Amendment application submitted by William Tonno
Construction Ltd. be approved as contained in Attachment 9 to Report PSD-016-11;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-016-11
PAGE 2
THAT the By-law authorizing the entering into a Subdivision Agreement between the
Owner of Draft Plan of Subdivision 18T-89055 and the Municipality of Clarington be
approved as contained in Attachment 10 to Report PSD-016-11;
THAT the Region of Durham Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-016-11 and Council's decision; and
THAT all interested parties listed in Report PSD-016-11 and any delegations be advised
of Council's decision.
Submitted by:
Da i . Crome, MCIP, RPP
Director of Planning Services
Reviewed by:
Fr klin Wu,
/~ Chief Administrative Officer
ATS/CP/df
18February 2011
REPORT NO.: PSD-016-11
PAGE 3
This Report deals with two (2) separate development proposals that are abutting and closely
tied to each other. Many reports prepared in support of the proposals have reviewed the lands
jointly. As a result, one staff report has been prepared for the two (2) separate proposals.
1.0 APPLICATION DETAILS - "KINGSBERRY"
1.1 Owner: Kingsberry Properties (1317870 Ontario Limited)
1.2 Agent: D.G. Biddle & Associates Limited
1.3 Proposed Draft Plan of Subdivision:
The proposed draft plan of subdivision includes 70 residential units
consisting of 30 lots for 10.0 metre single detached dwellings, 10 lots for
12.0 metre single detached dwellings, 7 blocks for 30 townhouse
dwellings, and a block for a portion of a public elementary school.
1.4 Zoning By-law Amendment Application:
To change the zoning on the subject lands from "Agricultural (A)" to
appropriate zones to permit the development of the proposed draft plan
of subdivision.
1.5 Site Area: 6.218 hectares (15.364 acres)
2.0 APPLICATION DETAILS - "TONNO"
2.1 Owner: William Tonno Construction Limited
2.2 Agent: D.G. Biddle & Associates Limited
2.3 Proposed Draft Plan of Subdivision:
The proposed draft plan of subdivision includes 77 residential units
consisting of 28 lots for 10.0 metre single detached dwellings, 25 lots for
12.0 metre single detached dwellings, 6 blocks for 24 townhouse
dwellings, a block for a stormwater management pond, an open space
block and a block for a portion of a public elementary school.
2.4 Zoning By-law Amendment Application:
To change the zoning on the subject lands from "Agricultural (A)" to
appropriate zones to permit the development of the proposed draft plan
of subdivision.
2.5 Site Area: 9.058 hectares (22.382 acres)
REPORT NO.: PSD-016-11
PAGE 4
3.0 LOCATION
3.1 The subject lands are located between Tooley Road and Trulls Road in Courtice north
of George Reynolds Drive and Daiseyfield Drive. See Attachment 1 for the "Kingsberry"
key map and Attachment 2 for the "Tonno" key map.
4.0 BACKGROUND
4.1 For the purpose of this report, proposed draft plan of subdivision 18T-90003 and related
file DEV 90-007 will be referred to as the "Kingsberry" applications, while the abutting
proposed draft plan of subdivision 18T-89055 and related file DEV 89-067 will be
referred to as the "Tonno" applications. An air photo depicting the two sites is included
as Attachment 3.
4.2 The "Kingsberry" applications were originally submitted in January 1990. The initial draft
plan of subdivision proposed 116 residential units. Over the years, the applicant has
submitted revisions to the proposed draft plan of subdivision with the most notable
modification being the creation of a partial school block within limits of the plan which
has impacted the number of units proposed. The current draft plan of subdivision
proposes 70 residential units as illustrated by the chart below.
<i ~'u~ t~~,....: ,~_=Band ll~e ~ ~ '"~
10.0 m single detached units -.~,rrdrtt~'~+~ ±osai~~ Wit;;
30
12.0 m single detached units 10
7.0 m townhouse units 30
Total Residential Units 70
Total Residential Area (ha) 2.545
Future Residential (ha) 0.042
School (ha) 1.667
0.3m Reserves (ha) 0.01
Road Allowance (ha) 1.955
Total Area of Submission (ha) 6.218
4.3 The "Tonno" applications were originally submitted in May 1989. The initial draft plan of
subdivision proposed 93 residential units. Over the years, the applicant has submitted
revisions to the proposed draft plan of subdivision with the most notable modifications
being the creation of a partial school block and the addition of a stormwater
management pond which has impacted the number of units proposed. The current draft
plan of subdivision proposes 77 residential units as illustrated by the following chart.
REPORT NO.: PSD-016-11
PAGE 5
4.4 In November 1989, Council adopted a resolution suspending all decisions on existing
and future subdivision and rezoning applications north of Nash Road pending the
results of a Need and Route Study for the extension of Adelaide Avenue. The 1991
Durham Regional Official Plan recognized this need by identifying Adelaide Avenue as
an arterial road, extending from Townline Road to Courtice Road. This was duplicated
in the Clarington Official Plan approved in 1996. However, the alignment for the future
Adelaide was not certain.
4.5 In June 2004, the Region of Durham initiated a Municipal Class Environmental
Assessment for the extension of Adelaide Avenue from Townline Road to Trulls Road.
The purpose of the Study was to assess the need for the extension, identify the
environmental impacts of alternative solutions and the design alternatives, and finally to
identify the preferred alternative. The Study was filed with the Ministry of Environment
(MOE) in November 2005 and recommended the construction of a three lane
urban/semi-urban road extension from Townline Road to Trulls Road with a culvert
bridge crossing over Harmony and Farewell Creeks. The section of Adelaide Avenue
between Trulls Road and Courtice Road was recommended to be deleted. The existing
McLean Road right-of-way was incorporated into the proposed Adelaide Avenue right-
of-way. Both draft plans of subdivision include a portion of Adelaide Avenue as
recommended in the Environmental Assessment.
4.6 In December 2005, a "bump-up" request was submitted to the Minister of Environment
by a local resident. If a given project is "bumped-up", it is subject to an additional review
and approval process, including the possibility of a formal public hearing. The primary
concerns identified in the request were the crossing of the road through a provincially
significant wetland, roads that may cause groundwater contamination and land pollution
by spreading invasive species into environmentally sensitive areas and the use of
culverts instead of free span bridges in proximity to fish spawning grounds. On May 27,
2008 the MOE denied the "bump-up" request and issued their approval to the project as
laid out in the EA Study and subject to conditions of said Study.
REPORT NO.: PSD-016-11 PAGE 6
4.7 An Environmental Impact Study (EIS) was prepared by Aquafor Beech Limited
assessing both the "Kingsberry" and "Tonno" developments. The draft EIS was
presented to the public on November 1, 2007 and the final report was completed in
December, 2007. The findings of the EIS were presented in detail through public
meeting report PSD-012-08 on February 4, 2008. Revisions have been made to the
"Kingsberry" and "Tonno" developments in response to the recommendations of the EIS
report. In addition, conditions of draft approval have been included implementing the
recommendations of the EIS and subsequent scoped reviews as described in Sections
10.3 and 10.4.
5.0 SITE CHARACTERISTICS AND SURROUNDING USES
5.1 The subject lands are currently vacant. Less than half of the site is covered with mature
trees. The balance of the site which had been cleared more than twenty years ago is in
a state of re-generation. A tributary of Farewell Creek runs through the northwest corner
of the site.
5.2 Surrounding Uses (Attachment 3)
North - Existing large-lot residential units on lots of record and vacant lands outside
the limits of the Courtice Urban Area
South - Urban Residential - Kassinger Subdivision
East - Urban Residential (Courtice Homestead Subdivision Plan 40M-2419)
West - Urban Residential and Environmental Protection Area -Existing large-lot
residential units on lots of record within the Courtice Urban Area; Farewell
Creek and associated valleylands
6.0 PROVINCIAL POLICY
6.1 Provincial Policv Statement (PPS)
The subject applications were submitted prior to the release of the 2005 PPS and prior
to the release of the 1997 PPS. At the time of the original application a PPS regarding
land use planning and management of natural heritage resources had not been issued.
6.2 Growth Plan
The subject applications were submitted prior to the Growth Plan coming into effect
(June 16, 2006). While under the legislation, the subject applications shall continue as
the Plan had not come into effect, the subject draft plans of subdivision were reviewed
against the Growth Plan policies to provide a perspective on the changing policies.
The subject draft plans of subdivision are within a designated greenfield area.
Greenfield areas are to be designed as complete communities offering a range of
residential and employment uses that support various modes of transportation, provide
high quality open spaces and create vibrant neighbourhoods.
REPORT NO.: PSD-016-11
PAGE 7
The designated greenfield area of each upper-tier (i.e. across the Region of Durham)
will be planned to achieve a minimum density target that is not less than 50 residents
and jobs combined per hectare. For discussion purposes, the subject developments
combined would achieve a density of approximately 34 residents and jobs per hectare.
While this density appears low, this calculation was performed for these developments
in isolation of all other developments in the greenfield area. The density target is to be
calculated on a Regional level which would average the varying types of residential and
employment developments across the broader greenfield area land base. The proposed
draft plans of subdivision are satisfying the current Official Plan policies relating to low
and medium density developments and the population and housing projections for the
neighbourhood.
7.0 OFFICIAL PLAN POLICIES
7.1 Durham Regional Official Plan
The lands are designated Living Area within the Durham Regional Official Plan. Lands
designated as Living Area permit the development of communities with defined
boundaries, incorporating the widest possible variety of housing types, sizes and tenure.
The proposed developments conform to the Durham Regional Official Plan.
7.2 Clarington Official Plan
The subject lands are predominantly designated Urban Residential. There is also an
Environmental Protection Area designation related to a branch of the Farewell Creek.
The Medium Density symbols and a Public Elementary School symbol are also
identified on the subject lands. The lands are within the Highland Neighbourhood,
which has a population target of 4,100 people and a housing target of 1,400 units. The
extension of Adelaide Avenue is designated as a Type 'C' Arterial and generally forms
the north boundary of the urban residential designation. In accordance with Map B2, a
Collector Road in the vicinity of Street "A" is to connect Adelaide Avenue with George
Reynolds, which is also a Collector Road. The remaining streets within the proposed
plan of subdivision are classified as Local Roads.
Low Density residential uses shall be developed at a density of 10-30 units per net
residential hectare. The predominant housing form shall be single detached, semi-
detached and duplex to a maximum height of 2.5 stories. Medium Density residential
uses shall be developed at 31-60 units per net residential hectare. The predominant
housing form shall be townhouses, triplex/quadraplex, and low-rise apartments to a
maximum of four storeys.
The Clarington Official Plan requires the minimum site area for future elementary
schools on full municipal sewers to be approximately 2.5 hectares in size. The
proposed school block is 2.36 ha in area divided between the two subject subdivision
applications.
REPORT NO.: PSD-016-11
PAGE 8
Official Plan policies require an Environmental Impact Study (EIS) be undertaken for
development applications located on lands within or adjacent to a Natural Heritage
Feature. Map C identifies the lands to be on the Lake Iroquois Beach. An EIS is also
required for development proposals within 120 metres of the boundary of a wetland or
wetland complex. Map 'C' identifies the branch of the Farewell Creek as a cold water
stream with significant valleys as well as wetlands along the north limits of the
submissions. An EIS has been completed in accordance with the policies of the
Clarington Official Plan.
The proposed developments conform to the Clarington Official Plan.
8.0 ZONING BY-LAW CONFORMITY
8.1 Within Comprehensive Zoning By-law 84-63 as amended the lands are zoned
"Agricultural (A)". Amendments to the Zoning By-law are required in order for
development to proceed.
9.0 PUBLIC MEETINGS AND COMMENTS RECEIVED
9.1 Previous public meetings were held on November 20, 1989, April 2, 1990, July 3, 2000,
March 4, 2002 and February 4, 2008 to review the previous submissions. An Open
House for the Environmental Impact Study (EIS) was held on November 1, 2007. The
Open House was attended by approximately 40 residents.
9.2 Numerous inquiries and submissions have been received since the applications were
submitted in 1989. Concerns and comments expressed to date focus on the following
matters:
Natural Environment
Development impacts
Opposing residential development of the lands
Requesting additional lands be protected
Adequacy of natural mapping and buffer areas
.Implementation of transplant plan and compensation areas
Impacts on wells in the area
School Site
.Both for and against the school site
Subdivision Construction and Design
Timing of development
Construction traffic, noise and dust
Consistency with neighbouring development
Need for trails
Sustainability of the development -unit mix
REPORT NO.: PSD-016-11
PAGE 9
Trespassing
Fencing should be installed by the developer to discourage trespassing upon
sensitive lands and the privately held valley lands in order to minimize
associated liability.
Stormwater Management & Erosion along Farewell Creek
Stormwater Management Pond design should be visually pleasing
Ponding north of Islay Court and flooding of basements in the area
Direction of stormwater flows
Potential erosion and destabilization of the Farewell Creek valley wall due to
increased flows
Properties owners to the west of the "Tonno" subdivision in opposition to the
developments have concerns relating to the existing conditions of the
watercourse and the impacts of further development:
- concerns that the watercourse runs at the toe of a marginally stable valley
wall;
- concerns of slope failure and potential subsequent liability; and
- suggest acquisition of drainage easements (with full indemnification) or
outright acquisition and transfer of major portions of the valley lands into
public ownership.
10.0 SUPPORTING DOCUMENTATION
10.1 Adelaide Avenue Environmental Assessment
As noted in the Background section of this report, the Adelaide Avenue Environmental
Assessment began in 2004 and concluded in 2008. MOE issued their approval of the
preferred alignment subject to conditions relating to noise and construction mitigation.
The road construction must be implemented in the manner it was developed and
designed as set out in the Environmental Study Report, inclusive of all mitigating
measures. Because of the natural features in the area of the alignment, Central Lake
Ontario Conservation Authority and the Ministry of Natural Resources will be involved in
the detailed design phase. Permits will be required prior to construction.
10.2 Aquafor Beech Ltd. Environmental Impact Study
In March 2006 Aquafor Beech Limited was retained by the Municipality to conduct a
joint Environmental Impact Study (EIS) for the "Kingsberry° and "Tonno" proposals. The
expense for the study was borne by the applicants. The consultant examined the site in
the spring, summer and fall of 2006. The draft EIS findings were presented to the public
at an open house on November 1, 2007 at the Courtice Community Complex.
The conclusion of the EIS supports development provided the design compensates for
and/or avoids impacts where possible to; amphibian breeding, significant plant species,
the riparian wetland feature, and the small wetland on the north side of the Adelaide
Avenue extension and on adjacent lands. The report identified the need to
compensate for wetland habitat which must interconnect with upland forest habitat to
REPORT NO.: PSD-016-11
PAGE 10
support amphibian habitats. The provision of a 30 metre setback is required to act as
buffer from the Provincially Significant Wetland. Regionally and locally rare plant
species are to be transplanted in either the buffer area or wetlands to the north. EIS
mapping shows the location of the proposed buffer areas with opportunity for wetland
creation. Several recommendations relating to subdivision design were provided. A
copy of the Environmental Constraint Map from the EIS is included as Attachment 4.
10.3 Scoped Environmental Impact Study -Proposed Amphibian/Wetland Compensation
Plan and Plant Salvage Plan
The Aquafor Beech EIS noted the need for a further review by an environmental
consultant to ensure the EIS recommendations are addressed. In October 2008, Niblett
Environmental Associates Inc. submitted a report which examined plans for
compensatory amphibian breeding ponds, the potential for hydrological impact on the
remaining wetlands and plans for the transplant of rare plant species into the wetland
buffer area. While the plant salvage plan was generally accepted by CLOCA, it was
noted that additional work was required for the amphibian/wetland compensation area.
10.4 Amphibian/Wetland Compensation Plan
In May 2010 Niblett Environmental Associates Inc. submitted a subsequent report for
the required amphibian/wetland compensation. While approximately 0.53 ha of pocket
wetlands would be impacted by the residential development, additional pocket wetlands
were found within the limits of Adelaide Avenue road allowance and would require
compensation. For this reason, and insufficient land available south of Adelaide
Avenue, the report recommends the creation of two new ponds, north of Adelaide
Avenue, having a total minimum area of not less than 0.67 ha which represents the total
amount of compensation required for the development, including the construction of
Adelaide Avenue as a local road. The report provides design features for the ponds and
recommends specific construction techniques.
10.5 Erosion Assessment
An erosion assessment was prepared to assess erosion impacts of the stormwater
management pond and ouffall location on the both the tributary and a portion of the
main branch of the Farewell Creek. The branch and tributary were deemed to be in a
stressed or transitional state under existing conditions. The report concludes by
determining that stormwater contributions from the proposed subdivision are not
expected to exacerbate rates of erosion beyond existing conditions.
10.6 Slope Stability Report
A slope stability study, as revised, was completed for the sloped lands located west and
south of the stormwater management pond. The study concluded that the stormwater
management pond must be constructed behind the Long-Term Stable Slop Line derived
using an 8.0 metre toe erosion allowance. The report offers recommendations to be
followed during the development of the lands to ensure the slope does not fail and
indicates that an impermeable geosynthetic clay liner or a 1.0 m thick soil clay liner be
installed for pond construction.
REPORT NO.: PSD-016-11 PAGE 11
10.7 Stormwater Drainage and Conceptual Servicing Report
A joint report was submitted which addresses all local and regional servicing issues.
The report includes a site servicing and stormwater management plan that identifies the
extension of services required to proceed with the developments. Water and sanitary
services will be extended from the south to service the lots. A Stormwater management
pond will be constructed in the southwest corner of the "Tonno" subdivision and will
accommodate Stormwater from both subdivisions. A portion of foundation drainage from
the "Kingsberry' development will drain south to an existing stormwater management
pond in an adjacent plan of subdivision.
10.8 Historical Studies
A number of studies and reports were submitted with the original applications, including
an Environmental Impact Analysis, a Hydrogeological Evaluation and a preliminary
Stormwater Management Study. While these have provided useful background
information, these have been superseded over time.
11.0 AGENCY COMMENTS
11.1 Clarington Emergency and Fire Services, Clarington Operations, Rogers Cable,
Durham Region Transit and Hydro One offered no objections to the proposal. Bell
Canada and Enbridge Gas Distribution Inc. offered no objections to the proposal and
requested standard conditions of draft approval.
11.2 The Clarington Engineering Services Department has offered the following comments
relating to the "Kingsberry" development. The attached conditions of draft approval
include conditions relating to:
Adelaide Avenue Extension
The northerly limit of the proposed development is designated in the current
Official Plan as the location for a future mid-block arterial road commonly referred
to as Adelaide Avenue. All aspects of the construction of Adelaide Avenue must
conform to the requirements of the approved Environmental Assessment, the
Region of Durham and the Municipality of Clarington. The Municipality of
Clarington will not be cost sharing in the construction of Adelaide Avenue.
Stormwater Management
The majority of stormwater will be accommodated by the stormwater
management pond to be constructed as part of the "Tonno" development. Should
the "Kingsberry" development proceed in advance of the "Tonno" lands,
arrangements must be made for the construction of the pond on the adjacent
lands. A portion of stormwater drainage from the proposed subdivision will be
tributary to a stormwater management facility situated in the adjacent Kassinger
Subdivision (Plan 10M-809). The Municipality is required to collect an
appropriate share of the cost of any oversize or external works from benefiting
REPORT NO.: PSD-016-11 PAGE 12
developers. Since the developer is benefitting from the downstream Kassinger
pond, they will be required to pay their appropriate share of the works.
Grading and Drainage
The applicant's engineer will be required to prepare a Master Grading and
Drainage Plan that details the configuration of the on-site storm sewer system
(minor system) and the conveyance of the overland flow (major system) from the
subject development. The required Plan must identify all tributary watershed
areas, outfall locations and proposed stormwater management facilities.
The Engineering Services Department is generally satisfied with the servicing
scheme and further review will take place during the detailed design stage. A
condition of draft plan approval has been included which requires the approval of
engineering drawings at the local and regional level prior to development.
Cash-in-Lieu of Parkland
A cash-in-lieu of parkland payment is required in accordance with the Planning
Act and By-law 95-104.
Standard Technical Comments
The developer must also satisfy other standard technical requirements relating to
0.3 metre reserves, sight triangles, utilities, removal of a temporary turning circle,
entering into a subdivision agreement, preparation and approval of a phasing
plan, and complying with design criteria and standard drawing provisions.
11.3 The Clarington Engineering Services Department has offered the following comments
relating to the "Tonno" development. The attached conditions of draft approval include
conditions relating to:
• Adelaide Avenue Extension
Same as above.
• Street A
The owner is responsible for the acquisition and construction of a small segment
of roadway that is the connecting link between Street A and George Reynolds
Drive.
• stormwater Management
All stormwater wilt be accommodated by the stormwater management pond to be
constructed in the southwest corner of the development. Appropriate
arrangements will be made between the two developers for the construction of
the pond.
• Grading and Drainage
Same as above.
• Cash-in-Lieu of Parkland
Same as above.
REPORT NO.: PSD-016-11 PAGE 13
• Standard Technical Comments
Same as above.
11.4 The Central Lake Ontario Conservation Authority has reviewed all supporting
documentation and has provided their concurrence on the findings of the reports,
including the servicing and stormwater management report, all work relating to
environmental impacts, and the erosion and slope stability reports. In response to the
findings of the erosion assessment, Central Lake Ontario Conservation Authority
recommends that the developers undertake erosion monitoring on the tributary and a
portion of the main branch of the Farewell Creek. The required monitoring plan will
identify potential measures to correct potential erosion problems as a result of the
proposed development in the event such erosion occurs. The attached conditions of
draft approval for each subdivision include conditions relating to:
• stormwater management;
• Relocation of rare plant species;
• Construction of the proposed amphibian/wetland compensation feature;
• Monitoring of the amphibian/wetland feature post-construction; and
• Monitoring of erosion conditions of the tributary of Farewell Creek and a portion of
the main branch.
11.5 The Region of Durham has no objection to the approval of the two draft plans of
subdivisions and has offered conditions of approval. Regional services are available
and the requirements of the Adelaide Avenue Environmental Assessment have been
highlighted, including the preparation of a noise study to identify impacts from Adelaide
Avenue. The Region would be able to cost-share in the construction of Adelaide Avenue
and for the construction of wetland/amphibian compensation areas attributed to
Adelaide Avenue, subject to the Region's Cost Sharing Policy. The Region also
reiterated the need to obtain CLOCA's approval on the EIS.
11.6 Kawartha Pine Ridge District School Board is satisfied with the school site proposed for
the neighbourhood through the acquisition of a partial school block from each
subdivision. The school board has provided a number of conditions for inclusion in the
conditions of draft approval for each subdivision.
12.0 STAFF COMMENTS
12.1 The subject applications have been on file for over 20 years and have been reviewed
against applicable provincial, regional and municipal land use policies. Since the
completion and approval of the Adelaide Avenue Environmental Assessment, the
developers have been addressing concerns raised by staff, agencies and the public.
12.2 As part of the registration of the "Tonno" plan of subdivision, the Open Space block
which includes the watercourse, wetland areas and a 30 metre buffer, will be dedicated
to the Municipality of Clarington and will form part of the municipal open space system.
REPORT NO.: PSD-016-11
PAGE 14
At this time, there are no plans for a trail system, but as lands continue to be
dedicated/acquired in the area, recreational opportunities may arise.
12.3 Conditions of draft approval have been imposed relating to the implementation of the
findings of the Environmental Impact Study and the detailed reviews relating to the
relocation of sensitive plant species and the creation of wetland/amphibian
compensation areas. These conditions will ensure that development proceeds in a
manner which will have the least environmental impact on sensitive lands.
12.4 During the public consultation process, several comments were received. Staff have
spent a considerable amount of time addressing concerns raised from the public and
are of the opinion that the proposed draft plans of subdivision strike a balance between
planned growth and environmental protection:
Input received from the members of the public to date focus on preserving the
subject lands in a natural state. At the same time, these lands are within the Urban
Boundary and are designated for residential development in both the Clarington
Official Plan and Region of Durham Official Plan. The Urban Boundary was
established to provide areas for urban growth in an effort to curb urban sprawl into
surrounding rural areas.
Although neighbouring landowners considered the proposed density too high, the
proposed housing mix satisfies the applicable Official Plan policies by offering a mix
of low and medium density units in keeping with the approved density targets for the
neighbourhood. The density is lower than required through the Growth Plan,
however, these applications pre-date said policy and are not bound by the newer
legislation.
Concerns have also been raised relating to erosion along Farewell Creek, slope
stability and liability. Staff has held several meetings attended by the developers,
their consulting team and concerned residents on this matter. Detailed work was
done by professional engineers relating to erosion and slope stability and the
developer has demonstrated that the proposed development will be outside the
stable slope limit. The pond will also have a clay or geosynthetic liner which will
increase the imperviousness of the pond and prevent potential failure. The
recommendations have been accepted by Staff and CLOCA and the developers will
be required to undertake erosion monitoring of portions of Farewell Creek. They will
also be responsible, financial and otherwise, for developing plans for mitigating
areas of concern should they arise.
• Area residents also expressed concerns regarding ponding and the flooding of
basements in the vicinity of Islay Court. As part of the detailed engineering review
the applicants must demonstrate that post development flows will not impact
neighbouring property owners from a stormwater drainage perspective.
The need for another public elementary school site was questioned by the residents.
At this time, Kawartha Pine Ridge District School Board has confirmed the need for
a school site within the neighbourhood. While the plans of subdivision have provided
for school blocks, it may be quite some time before a school will be built. There is
REPORT NO.: PSD-016-11
PAGE 15
also a possibility that the demand for a school would decrease and the school board
may not proceed with this site at all.
Issues regarding future trespassing have been managed by adding conditions of
approval that would require fencing along the westerly limits of the stormwater
management facility and signage along the westerly limits of the open space block.
signage across the open space block is preferred by both Staff and CLOCA since it
is less likely to impede wildlife movement and less likely to impact flows within the
watercourse.
It was requested during the public process that the stormwater management facility
be treated as an amenity feature. A preliminary concept has been approved by the
Engineering Services Department which provides for buffer plantings, a continuous
hard surface trail (combined with the maintenance access) and a lookout feature
with seating, a ledgerock retaining wall and decorative fencing. Final details will be
resolved through the final approval process and a condition of approval has been
added in that regard.
Should the approved developments interfere with the well or private water supply of
an area landowner, the developer is required to either connect the affected party to
the 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. It is the current practice of the Region of Durham to install a water
service to the affected owners' property limit, where feasible. It would be developer's
responsibility to compensate the property owner for associated private installation
and connection costs.
12.5 The subject lands are designated for a mix of low and medium density residential
development subject to meeting the development policies of the Regional and
Clarington Official Plans. A school block and environmental protection areas are also
identified. The supporting documentation and Staff and agency comments have all
demonstrated that the applications can be approved as the provisions of the Official
Plans have been satisfied, subject to the conditions of draft approval.
12.6 The proposed developments are interconnected from a servicing and transportation
perspective, Staff will be involved in reviewing the required phasing plans to ensure that
development proceeds in a logical and orderly fashion.
12.7 At this time, the Region of Durham is not planning to construct Adelaide Avenue,
construction is subject to their budgeting process. From the Municipality's perspective,
both the "Kingsberry" and "Tonno" developments rely on the portions of Adelaide
Avenue that cross the two subdivisions. Therefore, it will be the developer's
responsibility to build Adelaide Avenue at a local road standard subject to cost-sharing
arrangements with the Region of Durham and in accordance with the approved
Environmental Assessment. Those portions of Adelaide Avenue will be dedicated to the
REPORT NO.: PSD-016-11 PAGE 16
Municipality of Clarington until such time as the Region proceeds with the full
construction of the arterial road.
12.8 It is recommended that the residential portion of the subject lands be placed in the
"Holding -Urban Residential Exception ((H)R2-58) Zone" and the "Holding -Urban
Residential Exception ((H)R2-60) Zone" to allow for the layout of the 10.0 metre and
12.0 metre lots, while the "Holding -Urban Residential Exception ((H) R3-40) Zone"
would allow for the 7.0 metre street townhouse lots. The zones applied reflect current
standards seen in newer subdivisions with respect to lot coverage and setbacks. The
Holding provision will be utilized to ensure adequate access and services are in place
prior to development and will be lifted by Council when the appropriate conditions are
met. The open space block and stormwater management facility will be zoned
Environmental Protection (EP). The proposed Zoning By-law Amendments are included
as Attachment 6 and Attachment 9.
12.9 Each applicant has provided their concurrence with the Conditions of Draft Plan
Approval as set out in Attachment 5 and Attachment 8. The conditions include those
referenced above and those which are standard and apply to all development in the
Municipality of Clarington.
12.10 All taxes payable to the Municipality of Clarington have been paid in full.
13.0 CONCLUSIONS
13.1 In consideration of the findings of all supporting studies, comments received from
circulated agencies and area residents, and based on review of the proposal, staff
recommends that the "Kingsberry" Draft Plan of Subdivision and Zoning By-law
Amendment and the "Tonno" Draft Plan of Subdivision and Zoning By-law Amendment
be approved.
Staff Contact: Anne Taylor Scott
Attachments:
Attachment 1 - "Kingsberry" Key Map
Attachment 2 - "Tonno" Key Map
Attachment 3 -Air Photo of the "Kingsberry" & "Tonno" Subdivisions
Attachment 4 - Aquafor Beech EIS Environmental Constraint Map
Attachment 5 - "Kingsberry" Conditions of Draft Approval and Draft Plan
Attachment 6 - "Kingsberry" Zoning By-law Amendment
Attachment 7 - "Kingsberry" By-law Authorizing Subdivision Agreement
Attachment 8 - "Tonno" Conditions of Draft Approval and Draft Plan
Attachment 9 - "Tonno" Zoning By-law Amendment
Attachment 10 - "Tonno" By-law Authorizing Subdivision Agreement
REPORT NO.; PSD-016-11
PAGE 17
Interested parties to be notified of Council and Committee's decision:
Mark Foley
Cora Torino
Bob Annaert
Rocco Berlino
Michael Smith
Brenda & Louie Strumenikovsky
Ronald Whalley
Michael Kirkus
Linda Garrett
Nigel Sullivan
Johanne Joly
Doris Reid
Mike Munce
Fred Gilmour
Philip John Armstrong
Timothy & Beverly Collins
Darlene &Phil Yahn
Bill & Evelyn Mason
Peter & Julie Guimond
Michael & Deborah Rogan
Lorraine & Larry Barlow
Daniel Mallen & Donna Lamb
Lorraine & Jim Porter
Robin Thomas Keith
S. & P. Sweeny
Mark & Shannon Handy
Klaus & J. Bockhop
Scott & K. Barriball
Paul & Stacey Barta
Brad & Carolyn Mullin
Emily Pardy
Daniel Sharp
Derek Hampson & Mary McCracken
Bill & D. Nott
Scott McConnell
Henry & M. McTear
Scott Devlin
Cheryl & Paul Kelly
Scott & Tricia Mitchell
Brian Broadbend & Joelle Dove
David Ross & Amy Wilson-Ross
John & Norma Hardy
Scott Millar & Milanie Campbell
Joel Perron & Katherine Ross
Arthur Mann
Sean Cumming & Charlene Kay
Marcel & Joan LaPointe
Kerry Meydem
Erhard Witzke
Ivan Kehoe
Bill Rothman
Cliff Curtis
Brad Greentree
Nick Mensnik
Darlene Smith
John Sklavos
Mike & Carolyn Pennell
Gary Norwick
David Tonkin
Don & Doreen Hicks
Lianne Dixon
Bob & Joan Blackburn
Libby Racansky
William & Margaret Todd
Jane DeShane & Allan Harrison
Peter Slofstra
Donna MacMillan
Joyce O'Connell
S. Pustil
Colleen Konoby
David & Kimberly Elliott
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CONDITIONS OF DRAFT APPROVAL
FILE NO.: 18T-90003
PLAN IDENTIFICATION
The Owner shall have the final plan prepared on the basis of approved Draft Plan of
Subdivision 18T-90003 prepared by D.G. Biddle & Associates Limited identified as
project number 93055, dated May 2009 and last revised September 2010, and further
red-line revised, which illustrates 40 single detached dwelling lots, 7 blocks for 30 street
townhouse dwelling units, a 1.67 ha partial school block, a 0.042 ha partial development
block, roads and 0.3 metre reserves on a total of 6.218 hectares.
REQUIRED RED-LINE REVISIONS
1. The proposed draft plan of subdivision shall be revised to add 0.3 m reserves
along the entire frontage adjacent to Adelaide Avenue and along Block 48 and
Mallory Street.
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 convey a 0.3 metre reserve across the entire frontage of the
draft plan along Adelaide Avenue shown as Blocks 50 and 51 to the Municipality
of Clarington.
5. The Owner shall convey a 0.3 metre reserve across the entire frontage of Block
48 along Daisyfield Drive and Firwood Avenue shown as Blocks 53, 54 and 55 to
the Municipality of Clarington.
6. The Owner shall convey a 0.3 metre reserve across the width of Adelaide
Avenue at the western limits of the proposed Draft Plan of Subdivision 18T-
90003 shown as Block 52 to the Municipality of Clarington. The 0.3 metre reserve
described as Block 52 shall be lifted upon the completion of Adelaide Avenue
over proposed Draft Plan of Subdivision 18T-89055 subject to the approval of the
Director of Engineering Services.
7. The Owner shall convey sight triangles at the intersection and corners of streets
within the draft plan to the Municipality of Clarington.
Page 1 of 14 (18T-90003) February 18, 2011
8. The Owner shall terminate any deadends and/or open sides of road allowances
created by this draft plan in 0.3 metre reserve(s) to be conveyed to the
Municipality of Clarington to the satisfaction of the Director of Engineering
Services.
9. 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.
10. Prior to final approval of the plan, the Owner shall confirm that the stormwater
management pond satisfies the Municipality's Design Criteria as amended from
time to time and can be accommodated wholly within Block 61, Plan 18T-89055.
Minor adjustments to the limits of Block 61 may be considered subject to the
approval of the Director of Engineering Services and the Director of Planning
Services. Prior to final approval of the plan, the Owner's Environmental
consultant shall confirm that the boundary of the stormwater management pond
maintains a minimum 30 metre setback from the limits of the Provincially
Significant Wetland.
REQUIREMENTS TO BE SATISFIED PRIOR TO REGISTRATION OF THE PLAN
11. 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 shall identify specific measures on how
development in Plan 18T-90003 will ensure the protection, conservation and
enhancement of air, water, and ecological features and functions, energy and
other resources and heritage resources. As a minimum, the report shall address;
i) Energy conservation measures for new homes, such as the construction
and operation of new residential building to a minimum rating of 80 or
more in accordance with Natural Resources Canada "EnerGuide for New
Houses" or equivalent certification system;
ii) Water conservation measures for new homes such as the Water Sense
program or equivalent program;
iii) Use of environmentally friendly materials or finishes in the dwellings;
iv) Use of energy efficient infrastructure, such as LED lighting, which would
have the effect of reducing energy costs and light pollution; and
v) The preparation of a community education hand-book on the
environmentally sensitive areas in the neighbourhood.
12. The Owner, together with the Owner of Draft Plan of Subdivision 18T-89055,
shall prepare a Community Theme and Urban Design Implementation Plan, prior
to final approval, to the satisfaction of the Director of Planning Services and
Director of Engineering Services. This Plan shall confirm and control the intended
pattern of development in plans 18T-90003 and 18T-89055. The Plan shall
include the proposed network of roads, transit, pedestrian and bicycle routes, the
location of specific features, sites and residential lots within the neighbourhood
such as corner lots, and T-intersections that require specific lot and building
Page 2 of 14 (18T-90003) February 18, 2011
placement, orientation and architectural features, design concepts for community
theming 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.
13. The Owner shall submit to the Municipality of Clarington and the Regional
Municipality of Durham, for review and approval, an acoustic report (and
addendum, where applicable) prepared by an acoustic engineer based on
projected traffic volumes provided by the Durham Region Planning Department
and recommending noise attenuation measures for the draft plan in accordance
with the Ministry of the Environment guidelines. The Owner shall agree in the
Municipality of Clarington subdivision agreement to implement the recommended
noise control measures. The agreement shall contain a full and complete
reference to the noise report (i.e. author, title, date and any revisions/addenda
thereto) and shall include any required warning clauses identified in the acoustic
report. The Owner shall provide the Region with a copy of the subdivision
agreement containing such provisions prior to final approval of the plan.
14. The Owner shall engage a qualified professional to carry out to the satisfaction of
the Ministry of Citizenship, Culture and Recreation, a Stage 2 Archaeological
Assessment of the entire development property and mitigate, through
preservation or resource removal and documentation, adverse impacts to any
significant archaeological resources found. No demolition, grading or other soil
disturbances shall take place on the subject property prior to the Ministry of
Citizenship, Culture and Recreation confirming that all archaeological resource
concerns have been met including licensing and resource conservation
requirements.
15. 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.
16. The Owner shall retain a professional engineer to prepare and submit a Servicing
Plan to the Director of Engineering Services for review and approval. In the event
that development within Draft Plan of Subdivision 18T-90003 proceeds in
advance of Draft Plan of Subdivision 18T-89055, the Servicing Plan shall provide
for suitable service connections and easements over lands within Draft Plan of
Subdivision 18T-89055. All plans and drawings must conform to the
Municipality's Design Criteria as amended from time to time.
17. The Owner shall retain a professional engineer to prepare and submit a Street
Lighting Plan, including photometric details on a street layout, 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.
Page 3 of 14 (18T-90003) February 18, 2011
18. The Owner shall submit plans showing the proposed phasing to the Region of
Durham and the Municipality of Clarington for review and approval if this
subdivision is to be developed by more than one phase. Full development of the
draft plan will require all external accesses to be constructed, including access to
Adelaide Avenue. The specific number of lots available for building permits in any
single phase of the development will be determined at the engineering stage and
may require the construction of suitable service connections over lands within
Draft Plan of Subdivision 18T-89055 and in accordance with. the approved
Servicing Plan. The approval of the phasing plan shall be at the sole discretion of
the Director of Engineering Services. The Municipality shall require the
preparation of a subdivision agreement for each phase of development.
19. The Owner shall retain a professional engineer to prepare and submit plans to
the Municipality of Clarington and the Region of Durham detailing the design and
construction of Adelaide Avenue in accordance with the findings and
recommendations of the approved Class Environmental Assessment under the
Environmental Assessment Act. The Owner shall be responsible for fulfilling the
conditions imposed by the Ministry of Environment and shall be responsible for all
permits and approvals prior to construction.
20. The Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Engineering Services and the Director of
Planning Services for review and approval. The Landscaping Plan shall reflect
the design criteria of the Municipality as amended from time to time.
21. In the event that development within Draft Plan of Subdivision 18T-90003
proceeds in advance of Draft Plan of Subdivision 18T-89055, the Owner shall
prepare a Landscape Plan for the stormwater management pond for review and
approval of the Central Lake Ontario Conservation Authority and the Municipality
of Clarington. The stormwater management pond is to be treated as an amenity
feature.
22. Prior to registration of any portion of the subject draft plan the Owner must
demonstrate how perpetual maintenance of any blocks identified as "Part Lots or
Blocks" will be undertaken. All part lots will be pre-serviced with water, sanitary
and storm sewers to the satisfaction of the Director of Engineering Services.
Further, the Owner agrees that until such time as the necessary lands are
acquired to complete Block 49, these lands shall be maintained in accordance
with the Municipality of Clarington's Property Standards By-law, as amended
from time to time.
23. Prior to any on-site grading, and/or construction associated with the proposed
plan of subdivision, the Owner shall provide confirmation to the Central Lake
Ontario Conservation Authority and the Director of Planning Services that the
regionally significant plant species identified on-site have been relocated in
accordance with the requirements of the Tonno/Kingsberry Proposed
Page 4 of 14 (18T-90003) February 18, 2011
Amphibian/Wetland Compensation Plan and Plant Salvage Plan prepared by
Niblett Environmental Associates Inc., dated October 2008.
24. Prior to any on-site grading, and/or construction associated with the proposed
plan of subdivision, the Owner shall submit to and obtain approval of the Central
Lake Ontario Conservation Authority and the Municipality of Clarington for plans
detailing the proposed amphibian/wetland compensation feature in accordance
with the Tonno/Kingsberry Proposed AmphibianlWetland Compensation Plan
completed by Niblett Environmental Associates Inc., dated May 2010.
25. Prior to the removal of the existing amphibian wetland areas within the proposed
plan of subdivision, the Owner shall provide confirmation that construction of the
proposed amphibian/wetland compensation features within the approved areas
north of the Adelaide Road extension have been completed and have been
allowed to establish for one growing season to the satisfaction of the Central
Lake Ontario Conservation Authority and the Director of Planning Services.
26. The Owner agrees to submit for review and approval of the Central Lake Ontario
Conservation Authority and the Director of Planning Services, and undertake, a
monitoring plan for the proposed amphibian/wetland compensation feature, which
will assess the works undertaken in regards to productivity of the feature. The
submitted monitoring plan shall also identify the length of time required to assess
the productivity of the constructed feature.
27. The Owner agrees to submit for review and approval of the Central Lake Ontario
Conservation Authority and the Director of Engineering Services, and be 100%
responsible financial and otherwise for undertaking, an erosion monitoring plan
on the tributary of Farewell Creek, as approved, from the outfall of the stormwater
management facility, up to and including a portion of the main branch of the
Farewell Creek, to monitor erosion conditions. The monitoring plan shall identify
an appropriate length of time to undertake such monitoring as well as identify
potential measures to correct potential erosion problems, as a result of the
proposed development. The monitoring plan will derive a cost estimate for the
identified measures and the Owner shall provide for securities equal to 100% of
the costs to complete such work, subject to the approval of the Central Lake
Ontario Conservation Authority and the Director of Engineering Services.
28. The Owner shall remove all existing buildings and structures that do not comply
with the Zoning By-law requirements prior to commencement of the construction
of the Plan of Subdivision.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
29. 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.
Page 5 of 14 (18T-90003) February 18, 2011
30. In the event that development within Draft Plan of Subdivision 18T-90003
proceeds in advance of Draft Plan of Subdivision 18T-89055, the Owner shall
construct the necessary stormwater services, including the stormwater
management pond with Draft Plan of Subdivision 18T-89055, to service the
development subject to the approval of the Director of Engineering Services. The
Owner shall be responsible for 100% of the construction of the necessary
stormwater pond and services subject to cost sharing agreements with the
abutting land owner of Draft Plan of Subdivision 18T-89055.
31. Foundation drainage from lots within Draft Plan of Subdivision 18T-90003 will be
tributary to an existing stormwater management pond (Registered Plan of
Subdivision 10M-809) and the Owner therefore agrees to contribute the
appropriate share of the cost of any oversized or external works that benefit Draft
Plan of Subdivision 18T-90003 subject to the approval of the. Director of
Engineering Services.
32. The Owner shall dedicate Adelaide Avenue at a width of 20.0 metres to the
Municipality of Clarington, inclusive of sight triangles and 0.3 metre reserves. The
design and construction of Adelaide Avenue will be determined at the
engineering stage subject to the approval of the Director of Engineering Services
and the approved Environmental Assessment. The Owner shall be responsible
for 100% of the construction of Adelaide Avenue, subject to cost sharing
agreements with the Region of Durham and abutting land owner of Draft Plan of
Subdivision 18T-89055.
33. The Owner shall be responsible for 100% of the cost of the removal of the
temporary turning circle located on Daisyfield Drive.
34. Temporary turning circles may be required depending upon the phasing of the
development. The need for any additional temporary turning circles and frozen
lots will be determined at the engineering stage solely at the discretion of the
Director of Engineering Services.
35. The Owner shall provide acash-in-lieu of parkland payment in accordance with
the Planning Act based on the value of the lands on the day before draft
approval.
36. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities.
37. The Owner shall provide and install sidewalks, street lights, temporary turning
circles etc., as per the Municipality's standards and criteria.
38. The Owner shall cause all utilities, including hydro, telephone, Cable TV, etc., to
be buried underground.
Page 6 of 14 (18T-90003) February 18, 2011
39. The Owner agrees to ensure the Builder includes a disclosure in all purchase and
sale agreements advising home buyers of Municipal parking regulations, to the
satisfaction of the Director of Planning Services.
40. The Owner shall submit a detailed tree preservation plan to the satisfaction of the
Municipality of Clarington. No trees shall be removed until such time as this
program has been approved except as authorized by the Municipality.
41. 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.
42. The Owner shall be 100% responsible for the cost of any architectural. design
guidelines specific to this development, as well as 100% of the cost for the
"Control Architect" to review and approve all proposed models and building
permits, to the satisfaction of the Director of Planning Services.
43. No building permit shall be issued for the construction of any building on any
residential lot or block on said plan, until the architectural control guidelines for
the development and the exterior architectural design of each building and the
location of the building on the lot has been approved by the Municipality of
Clarington.
44. No residential units shall be offered for sale to the public on said plan until such
time architectural control guidelines and the exterior architectural design of each
building has been approved by the Director of Planning Services.
45. 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/her
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.
46. 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.
Page 7 of 14 (18T-90003) February 18, 2011
47. 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.
48. The Owner shall supply on disk, in a CAD format acceptable to the Municipality,
a copy of the proposed Plan of Subdivision as Draft Approved and each 40M
Plan proposed for registration.
49. In the event that development within Draft Plan of Subdivision 18T-90003
proceeds in advance of Draft Plan of Subdivision 18T-89055, the Owner shall
make arrangements for the conveyance of the lands needed for the Stormwater
Management Pond being Block 61 on adjacent Draft Plan of Subdivision 18T-
89055 to the Municipality of Clarington.
50. The Owner agrees to carry out the requirements and recommendations of the
approved Environmental Impact Study prepared by Aquafor Beech Limited, dated
December 2007; the Tonno/Kingsberry Proposed AmphibianNVetland
Compensation Plan and Plant Salvage Plan prepared by Niblett Environmental
Associates Inc., dated October 2008; and the Tonno/Kingsberry Proposed
Amphibian/Wetland Compensation Plan prepared by Niblett Environmental
Associates Inc., dated May 2010. The Owner shall be responsible for the
monitoring of the proposed amphibian/wetland compensation feature in
accordance with the approved monitoring plan.
51. In the event that development within Draft Plan of Subdivision 18T-90003
proceeds in advance of Draft Plan of Subdivision 18T-89055, the Owner shall
make arrangements for the construction of a wetland compensation area in
accordance with Condition 24. The Owner shall be responsible for 100% of the
cost of the construction of compensation area, subject to cost sharing
agreements with the Region of Durham and abutting land owner of Draft Plan of
Subdivision 18T-89055. An easement shall be provided in favour of the
Municipality of Clarington over the lands for compensation and including a
suitable access to Adelaide Avenue to the satisfaction of the Director of
Engineering Services and the Director of Planning Services.
52. The Owner agrees to carry out the requirements and recommendations of the
Slope Stability Study prepared by Soil Engineers Ltd., dated April 6, 2010 and
revised May 7, 2010.
53. 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:
Page 8 of 14 (18T-90003) February 18, 2011
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;
b) the anticipated impact of the development on water quality, as it relates to fish
and wildlife habitat once adequate protective measures have been taken;
c) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with the
provincial guidelines. The report must outline all actions to be taken to prevent
an increase in the concentration of solids in any water body as a result of on-
site or other related works, to comply with the Canada Fisheries Act.
54. Prior to any on-site grading, construction, or final registration of the plan, the
Owner shall submit a stormwater Management Report which shall be approved by
the Municipality of Clarington. The Report shall clearly demonstrate that adjacent
property owners will not be impacted by runoff/stormwater from the subject
development.
55. 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.
56. In the event that development within Draft Plan of Subdivision 18T-90003 proceeds
in advance of Draft Plan of Subdivision 18T-89055, the Owner shall make
arrangements for the installation of a chain link fence having a height of 1.2 m
around the perimeter of the stormwater management facility (Block 61) where it
abuts any lands in private ownership.
57. Prior to the execution of a Subdivision Agreement between the Municipality of
Clarington and the Subdivider for the first phase of development in either plan of
subdivision 18T-89055 or 18T-90003, the Subdivider for the first registration
between either Draft Plan of Subdivision 18T-89055 or 18T-90003 shall enter into
an option agreement with the Kawartha Pine Ridge District School Board for the
potential acquisition of Block 62 in draft plan 18T-89055 and Block 48 in draft plan
18T-90003 for Elementary School purposes.
58. That all Subdivision Agreements for the subject draft plan between the Municipality
of Clarington and the Subdivider contain a requirement that all Purchase and Sale
Agreements for all phases of the approved draft plan contain a warning clause as
outlined in Condition 75(g)(i).
59. Prior to the execution of an option agreement with the Kawartha Pine Ridge District
School Board, the Subdivider for the first registration in either Draft Plan of
Subdivision 18T-89055 or 18T-90003 shall provide a copy of a stormwater
management report for both draft plans to the satisfaction of the Kawartha Pine
Page 9 of 14 (18T-90003) February 18, 2011
Ridge District School Board that indicates that all stormwater quality and quantity
facilities for the proposed school block will be accommodated outside of the
proposed school block.
60. Prior to the execution of an option agreement with the Kawartha Pine Ridge District
School Board, the Subdivider for the first registration in either Draft Plan of
Subdivision 18T-89055 or 18T-90003 shall provide a copy of a geotechnical soils
study to the satisfaction of the Kawartha Pine Ridge District School Board that
indicates that the soils in Block 62 in draft plan 18T-89055 and Block 48 in draft
plan 18T-90003 are suitable for the construction of an Elementary School.
61. Prior to the execution of an option agreement with the Kawartha Pine Ridge District
School Board, the Subdivider for the first registration in either Draft Plan of
Subdivision 18T-89055 or 18T-90003 shall provide a copy of a Record of Site
Condition(s) filed with the Ministry of the Environment to the satisfaction of the
Kawartha Pine Ridge District School Board that applies to the proposed
Elementary School site (Block 62 in draft plan 18T-89055 and. Block 48 in draft
plan 18T-90003) indicating that the soils in Block 62 in draft plan 18T-89055 and
Block 48 in draft plan 18T-90003 are suitable for the construction of an Elementary
School.
62. Prior to the execution of an option agreement with the Kawartha Pine Ridge District
School Board, the Subdivider for the first registration in either Draft Plan of
Subdivision 18T-89055 or 18T-90003 shall provide to the satisfaction of the
Kawartha Pine Ridge District School the proposed grading and servicing plans for
the proposed Elementary School Block for review and approval.
63. No topsoil or fill stockpiling, no construction storage or construction use of any kind
shall be carried out by the Subdivider on the proposed Elementary School Block in
either Draft Plan of Subdivision 18T-89055 or 18T-90003.
64. The Subdivider shall install along all residential lot lines that are common with the
proposed school block a 1.8 m high galvanized chain link fence that is to be
situated 150 mm within the school block site. The 1.8 m high galvanized chain link
fence may be a lower height only if required to comply with the Municipality's
zoning by-law. The fence is to be installed by the Subdivider simultaneously with
the topsoil and sodding of the Block 49 having the common lot line with the
proposed Elementary School block.
65. 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.
Page 10 of 14 (18T-90003) February 18, 2011
66. 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.
67. 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.
68. The Owner shalt 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.
69. 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.
70. The Owner agrees 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 Owner may be required to pay
for the connection to and/or extension of the existing communication/
telecommunication infrastructure. If the Owner elects not to pay for such
connection to and/or extension of the existing communication/telecommunication
infrastructure, the Owner 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).
71. The Owner shall agree in the Agreement, to grant to the telecommunication
provider 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 facilities or easements, the Owner shall be responsible for
the relocation of such facilities or easements.
Page 11 of 14 (18T-90003) February 18, 2011
72. The Owner agrees to coordinate the preparation of an overall utility distribution
plan to the satisfaction of all effected authorities.
73. 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 natural gas provider.
74. The Owner shall ensure that all natural gas distribution systems are installed within
the proposed road allowances.
75. The subdivision agreement between the Owner and the Municipality of Clarington
shall contain, among other matters, the following provisions:
a) The Owner agrees to include provisions whereby all offers of purchase
and sale shall include information that satisfies Subsection 59(4) of the
Development Charges Act, 1997.
b) The Owner agrees that no construction, filling, grading, or alteration to the
water course shall occur on the property without the prior written approval
of the Central Lake Ontario Conservation Authority.
c) The Owner agrees to carry out the works referred to in Conditions 23-27,
Conditions 50-53, and Condition 55 to the satisfaction of the Central Lake
Ontario Conservation Authority.
d) The Owner agrees to maintain all stormwater management and erosion
and sedimentation control structures operating and in good repair during
the construction period, in a manner satisfactory to the Central Lake
Ontario Conservation Authority.
e) The Owner agrees to advise the Central Lake Ontario Conservation
Authority 48 hours prior to commencement of grading or the initiation of
any on-site works.
f) That the Builder include a disclosure in all purchase and sale agreements
advising home buyers of municipal parking regulations, to the satisfaction
of the Director of Planning Services.
g) The Owner agrees to place the following in all agreements of purchase and
sale between the Developer and all prospective home buyers:
i) "While an Elementary School site has been reserved within the
approved Draft Plan of Subdivision for the Kawartha Pine Ridge
District School that it may not be constructed and used as an
Elementary School site. All potential purchasers are further advised
that an existing Kawartha Pine Ridge District School Board
Page 12 of 14 (18T-90003) February 18, 2011
school(s) will be used to accommodate all public board elementary
pupils until such time as any new Elementary School can be
constructed within the approved draft plan. If a new Elementary
School is not constructed within the approved draft plan, then all
Kawartha Pine Ridge District School Board pupils will be
accommodated at an existing public board Elementary School(s)."
h) The Owner agrees to post the standard approved "Notice to Parents"
identified in Condition 75(g)(i) in all sales representation centres.
i) The Owner agrees to strictly adhere to the site servicing plan as submitted
by D.G. Biddle & Associates Limited, titled "Conceptual Servicing Plan" in
support of Draft Plan of 18T-90003.
j) The Owner agrees to implement those noise control measures
recommended in the Noise Report required in Condition 13.
76. 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) Central Lake Ontario Conservation Authority, how Conditions 23-27,
Conditions 50-53, and Condition 55 have been satisfied;
b) Durham Regional Planning Department how Conditions 3, 13, 14, 18, and
66-69 have been satisfied; and,
c) Kawartha Pine Ridge District School Board how Conditions 57-64 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.
Page 13 of 14 (18T-90003) February 18, 2011
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,
ON, LIH 3T3, 905-579-0411
b) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box
623, Whitby, ON, L1 N 6A3, 905-668-7721
c) Kawartha Pine Ridge District School Board, 1994 Fisher Drive,
Peterborough, ON, K9J 7A1, 705-742-9773
Page 14 of 14 (18T-90003) February 18, 2011
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Attachment 6
To Report PSD-016-11
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2011-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for DEV 90-007;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
Schedule "4" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Holding -Urban Residential Type One ((H)R1) Zone" to "Holding -Urban
Residential Exception ((H)R2-71) Zone";
"Agricultural (A) Zone" to "Holding -Urban Residential Exception ((H)R2-71)
Zone";
"Agricultural (A) Zone' to "Holding -Urban Residential Exception ((H)R2-72)
Zone';
"Agricultural (A) Zone" to and "Holding -Urban Residential Exception ((H)R3-40)
Zone"; and
°Agricultural (A) Zone' to and "Holding -Urban Residential Type One ((H)Rt)
Zone".
as illustrated 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 2011
BY-LAW read a second time this day of 2011
BY-LAW read a third time and finally passed this day of 2011
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2011- ,
passed this day of , 2011 A.D.
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Zoning Change From "A" To "(HJR1"
Zoning Change From "A" To "(H)R2-77"
Zoning Change From "A" To "(H)R2-72"
Zoning Change From "A" 70 "(H)R3-40"
Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk
Attachment 7
To Report PSD-016-11
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2011-
being a By-law to authorize entering into an Agreement with the Owner(s) of the
Draft Plan of Subdivision 18T-90003, any Mortgagee who has an interest in the
said Lands, and the Municipality of Clarington, in respect of 18T-90003.
WHEREAS the Owner of Draft Plah of Subdivision 18T-90003 has received Draft
Approval and intends to proceed to Final Approval and enter into a Subdivision
Agreement with the Municipality;
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 18T-90003.
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 2011
BY-LAW read a second time this day of 2011
BY-LAW read a third time and finally passed this day of 2011
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
Attachment 8
To Report PSD-016-11
CONDITIONS OF DRAFT APPROVAL
FILE NO.: 18T-89055
PLAN IDENTIFICATION
The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision 18T-89055 prepared by D.G. Biddle & Associates Limited identified as
project number 86219, dated December 2007 and last revised on September 15, 2010,
and further red-line revised, which illustrates 53 single detached dwelling lots, 6 blocks
for 24 street townhouse dwelling units, a 1.45 ha open space block, a 0.692 ha partial
school block, a 1.01 ha stormwater management pond, a 0.042 ha future development
block, 0.22 ha to be retained by the owner, roads and 0.3 metre reserves on a total of
9.058 hectares.
REQUIRED RED-LINE REVISIONS
1. The proposed draft plan of subdivision shall be revised to add 0.3 m reserves
along the entire frontage adjacent to Adelaide Avenue and along Blocks 62 and
63.
2. The proposed draft plan of subdivision shall be revised to amend the total
number of units from 78 to 77 units.
FINAL PLAN REQUIREMENTS
3. The Owner shall dedicate the road allowances included in this draft plan as
public highways on the final plan.
4. 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.
5. The Owner shall convey a 0.3 metre reserve across the entire frontage of the
draft plan along Adelaide Avenue shown as Blocks 65 and 66 to the Municipality
of Clarington.
6. The Owner shall convey a 0.3 metre reserve across the entire frontage of Block
62 along Daisyfield Drive shown as Block 67 to the Municipality of Clarington.
7. The Owner shall convey sight triangles at the intersection and corners of streets
within the draft plan to the Municipality of Clarington.
8. The Owner shall terminate any deadends and/or open sides of road allowances
created by this draft plan in 0.3 metre reserve(s) to be conveyed to the
Municipality of Clarington to the satisfaction of the Director of Engineering
Services.
Page 1 of 14 (18T-89055) February 18, 2011
9. 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.
10. Prior to final approval of the plan, the Owner shall confirm that the stormwater
management pond satisfies the Municipality's Design Criteria as amended from
time to time and can be accommodated wholly within Block 61, Plan 18T-89055.
Minor adjustments to the limits of Block 61 may be considered subject to the
approval of the Director of Engineering Services and the Director of Planning
Services. Prior to final approval of the plan, the Owner's Environmental
consultant shall confirm that the boundary of the stormwater management pond
and all lots maintain a minimum 30 metre setback from the limits of the
Provincially Significant Wetland.
REQUIREMENTS TO BE SATISFIED PRIOR TO REGISTRATION OF THE PLAN
11. 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 shall identify specific measures on how
development in Plan 18T-89055 will ensure the protection, conservation and
enhancement of air, water, and ecological features and functions, energy and
other resources and heritage resources. As a minimum, the report shall address;
i) Energy conservation measures for new homes, such as the construction
and operation of new residential building to a minimum rating of 80 or more
in accordance with Natural Resources Canada "EnerGuide for New Houses"
or equivalent certification system;
ii) Water conservation measures for new homes such as the Water Sense
program or equivalent program;
iii) Use of environmentally friendly materials or finishes in the dwellings;
iv) Use of energy efficient infrastructure, such as LED lighting, which would
have the effect of reducing energy costs and light pollution; and
v) The preparation of a community education hand-book on the environmentally
sensitive areas in the neighbourhood.
12. The Owner, together with the Owner of Draft Plan of Subdivision 18T-90003,
shall prepare a Community Theme and Urban Design Implementation Plan, prior
to final approval, to the satisfaction of the Director of Planning Services and
Director of Engineering Services. This Plan shall confirm and control the intended
pattern of development in plans 18T-89055 and 18T-90003. The Plan shall
include the proposed network of roads, transit, pedestrian and bicycle routes, the
location of specific features, sites and residential lots within the neighbourhood
such as corner lots, and T-intersections that require specific lot and building
placement, orientation and architectural features, design concepts for community
theming include gateway treatments, landscape treatments, lighting fixtures,
fencing details and related design issues for the overall design, location and
configuration of trails and open space buffers.
Page 2 of 14 (18T-89055) February 18, 2011
13. The Owner shall submit to the Municipality of Clarington and the Regional
Municipality of Durham, for review and approval, an acoustic report (and
addendum, where applicable) prepared by an acoustic engineer based on
projected traffic volumes provided by the Durham Region Planning Department
and recommending noise attenuation measures for the draft plan in accordance
with the Ministry of the Environment guidelines. The Owner shall agree in the
Municipality of Clarington subdivision agreement to implement the recommended
noise control measures. The agreement shall contain a full and complete
reference to the noise report (i.e. author, title, date and any revisions/addenda
thereto) and shall include any required warning clauses identified in the acoustic
report. The Owner shall provide the Region with a copy of the subdivision
agreement containing such provisions prior to final approval of the plan.
14. The Owner shall engage a qualified professional to carry out to the satisfaction of
the Ministry of Citizenship, Culture and Recreation, a Stage 2 Archaeological
Assessment of the entire development property and mitigate, through
preservation or resource removal and documentation, adverse impacts to any
significant archaeological resources found. No demolition, grading or other soil
disturbances shall take place on the subject property prior to the Ministry of
Citizenship, Culture and Recreation confirming that all archaeological resource
concerns have been met including licensing and resource conservation
requirements.
15. 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.
16. The Owner shall retain a professional engineer to prepare and submit a Servicing
Plan to the Director of Engineering Services for review and approval. In the event
that development within Draft Plan of Subdivision 18T-89055 proceeds in
advance of Draft Plan of Subdivision 18T-90003, the Servicing Plan shall provide
for suitable service connections and appropriate easements over lands within
Draft Plan of Subdivision 18T-90003, if applicable. All plans and drawings must
conform to the Municipality's Design Criteria as amended from time to time.
17. The Owner shall retain a professional engineer to prepare and submit a Street
Lighting Plan, including photometric details on street layout, 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.
18. The Owner shall submit plans showing the proposed phasing to the Region of
Durham and the Municipality of Clarington for review and approval if this
subdivision is to be developed by more than one phase. Full development of the
draft plan will require all external accesses to be constructed, including access to
Adelaide Avenue. The specific number of lots available for building permits in any
Nage 3 of 14 (18T-89055) February 18, 2011
single phase of the development will be determined at the engineering stage and
may require the construction of suitable service connections over lands within
adjacent Draft Plan of Subdivision 18T-90003 and in accordance with the
approved Servicing Plan. The approval of the phasing plan shall be at the sole
discretion of the Director of Engineering Services. The Municipality shall require
the preparation of a subdivision agreement for each phase of development.
19. The Owner shall retain a professional engineer to prepare and submit plans to
the Municipality of Clarington and the Region of Durham detailing the design and
construction of Adelaide Avenue in accordance with the findings and
recommendations of the approved Class Environmental Assessment under the
Environmentai Assessment Act. The Owner shall be responsible for fulfilling the
conditions imposed by the Ministry of Environment and shall be responsible for
all permits and approvals prior to construction.
20. The Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Engineering Services and the Director of
Planning Services for review and approval. The Landscaping Plan shall reflect
the design criteria of the Municipality as amended from time to time.
21. The Owner shall prepare a Landscape Plan for the stormwater management
pond for review and approval of the Central Lake Ontario Conservation Authority
and the Municipality of Clarington. The stormwater management pond is to be
treated as an amenity feature.
22. Prior to registration of any portion of the subject draft plan the owner must
demonstrate how perpetual maintenance of any blocks identified as "Part Lots or
Blocks" will be undertaken. All part lots will be pre-serviced with water, sanitary
and storm sewers to the satisfaction of the Director of Engineering Services.
Further, the Owner agrees that until such time as the necessary lands are
acquired to complete Block 60, these lands shall be maintained in accordance
with the Municipality of Clarington's Property Standards By-law, as amended
from time to time.
23. Prior to registration of any portion of the subject draft plan the owner must
provide proof of ownership of Block 225 on adjacent Registered Plan of
Subdivision 10M-826.
24. Prior to any on-site grading, and/or construction associated with the proposed
plan of subdivision, the Owner shall provide confirmation to the Central Lake
Ontario Conservation Authority and the Director of Planning Services that the
regionally significant plant species identified on-site have been relocated in
accordance with the requirements of the Tonno/Kingsberry Proposed Amphibian/
Wetland Compensation Plan and Plant Salvage Plan prepared by Niblett
Environmental Associates Inc., dated October 2008.
Page 4 of 14 (18T-89055) February 18, 2011
25. Prior to any on-site grading, and/or construction associated with the proposed
plan of subdivision, the Owner shall submit to and obtain approval from the
Central Lake Ontario Conservation Authority and the Municipality of Clarington
for plans detailing the proposed amphibian/wetland compensation feature in
accordance with the Tonno/Kingsberry Proposed AmphibianNVetland
Compensation Plan completed by Niblett Environmental Associates Inc., dated
May 2010.
26. Prior to the removal of the existing amphibian wetland areas within the proposed
plan of subdivision, the Owner shall provide confirmation that construction of the
proposed amphibian/wetland compensation features within the approved areas
north of the Adelaide Road extension have been completed and have been
allowed to establish for one growing season to the satisfaction of the Central
Lake Ontario Conservation Authority and the Director of Planning Services.
27. The Owner agrees to submit for review and approval of the Central Lake Ontario
Conservation Authority and the Director of Planning Services, and undertake, a
monitoring plan for the proposed amphibian/wetland compensation feature, which
will assess the works undertaken in regards to productivity of the feature. The
submitted monitoring plan shall also identify the length of time required to assess
the productivity of the constructed feature.
28. The Owner agrees to submit for review and approval of the Central Lake Ontario
Conservation Authority and the Director of Planning Services, and be 100%
responsible financial and otherwise for undertaking, an erosion monitoring plan
on the tributary of Farewell Creek, as approved, from the outtall of the stormwater
management facility, up to and including a portion of the main branch of the
Farewell Creek, to monitor existing erosion conditions. The monitoring plan shall
identify an appropriate length of time to undertake such monitoring as well as
identify potential measures to correct potential erosion problems, as a result of
the proposed development. The monitoring plan will derive a cost estimate for the
identified measures and the Owner shall provide for securities equal to 100% of
the costs to complete such work, subject to the approval of the Central Lake
Ontario Conservation Authority and the Director of Engineering Services.
29. The Owner shall remove all existing buildings and structures that do not comply
with the Zoning By-law requirements prior to commencement of the construction
of the Plan of Subdivision.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
30. 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.
rage 5 of 74 (7ST-89055) February 18, 2011
31. In the event that the Owner develops Draft Plan of Subdivision 18T-89055 in
advance of Draft Plan of Subdivision 18T-90003, and prior to any on-site grading,
and/or construction associated with the proposed plan of subdivision, the Owner
shall be 100% responsible for securing a construction easement, access or
roadway over adjacent Draft Plan of Subdivision 18T-90003 from the limits of
Draft Plan of Subdivision 18T-89055 to Trulls Road subject to approval by the
Director of Engineering Services.
32. The Owner shall dedicate Adelaide Avenue at a width of 30.0 metres to the
Municipality of Clarington, inclusive of sight triangles and 0.3 metre reserves. The
design and construction of Adelaide Avenue will be determined at the
engineering stage subject to the approval of the Director of Engineering Services
and the approved Environmental Assessment. The Owner shall be responsible
for 100% of the construction of Adelaide Avenue, subject to cost sharing
agreements with the Region of Durham and abutting land owner of Draft Plan of
Subdivision 18T-90003.
33. The Owner shall be responsible for 100% of the cost of constructing the
connecting collector street roadway between George Reynolds Drive and the
southerly limit of the draft plan over Block 225 on adjacent Registered Plan of
Subdivision 10M-826.
34. The Owner shall be responsible for 100% of the cost of the removal of the
temporary turning circle located on Daisyfield Drive.
35. Temporary turning circles may be required depending upon the phasing of the
development. The need for any additional temporary turning circles and frozen
lots will be determined at the engineering stage solely at the discretion of the
Director of Engineering Services.
36. The Owner shall provide acash-in-lieu of parkland payment in accordance with
the Planning Act based on the value of the lands on the day before draft
approval
37. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities.
38. The Owner shall provide and install sidewalks, street lights, temporary turning
circles etc., as per the Municipality's standards and criteria.
39. The Owner shall cause all utilities, including hydro, telephone, Cable TV, etc., to
be buried underground.
40. The Owner agrees to ensure the Builder includes a disclosure in all purchase and
sale agreements advising home buyers of Municipal parking regulations, to the
satisfaction of the Director of Planning Services.
Page 8 of 14 (18T-89055) February 18, 2011
41. The Owner shall submit a detailed tree preservation plan to the satisfaction of the
Municipality of Clarington. No trees shall be removed until such time as this
program has been approved except as authorized by the Municipality.
42. 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.
43. The Owner shall be 100% responsible for the cost of any architectural design
guidelines specific to this development, as well as 100% of the cost for the
"Control Architect" to review and approve all proposed models and building
permits, to the satisfaction of the Director of Planning Services.
44. No building permit shall be issued for the construction of any building on any
residential lot or block on said plan, until the architectural control guidelines for
the development and the exterior architectural design of each building and the
location of the building on the lot has been approved by the Municipality of
Clarington.
45. No residential units shall be offered for sale to the public on said plan until such
time as architectural control guidelines and the exterior architectural design of
each building has been approved by the Director of Planning Services.
46. Where the well or private water supply of any person is intertered with as a result
of construction or the development of the subdivision the Owner shall, at his/her
expense, either connect the affected party to the 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.
47. 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.
48. 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.
.Page 7 of 14 (18T-89055) February 18, 2011
49. The Owner shall supply on disk, in a CAD format acceptable to the Municipality a
copy of the proposed Plan of Subdivision as Draft Approved and each 40M Plan
proposed for registration.
50. The Owner shall convey the lands needed for the stormwater Management Pond
being Block 61 to the Municipality of Clarington.
51. The Owner agrees to carry out the requirements and recommendations of the
approved Environmental Impact Study prepared by Aquafor Beech Limited, dated
December 2007; the Tonno/Kingsberry Proposed AmphibianNVetland
Compensation Plan and Plant Salvage Plan prepared by Niblett Environmental
Associates Inc., dated October 2008; and the Tonno/Kingsberry Proposed
Amphibian/Wetland Compensation Plan prepared by Niblett Environmental
Associates Inc., dated May 2010. The Owner shall be responsible for the
monitoring of the proposed amphibian/wetland compensation feature in
accordance with the approved monitoring plan.
52. The Owner agrees to construct a wetland compensation area in accordance with
Condition 25. The Owner shall be responsible for 100% of cost of the
construction of compensation area, subject to cost sharing agreements with the
Region of Durham and abutting land owner of Draft Plan of Subdivision 18T-
90003. An easement shall be provided in favour of the Municipality of Clarington
over the lands for compensation including a suitable access to Adelaide Avenue
to the satisfaction of the Director of Engineering Services and the Director of
Planning Services.
53. .The Owner agrees to carry out the requirements and recommendations of the
Slope Stability Study prepared by Soil Engineers Ltd., dated April 6, 2010 and
revised May 7, 2010.
54. 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;
b) the anticipated impact of the development on water quality, as it relates to fish
and wildlife habitat once adequate protective measures have been taken;
c) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with the
provincial guidelines. The report must outline all actions to be taken to prevent
an increase in the concentration of solids in any water body as a result of on-
site or other related works, to comply with the Canada Fisheries Act.
Page 8 of 14 (18T-89055) February 18, 2017
55. Prior to any on-site grading, construction, or final registration of the plan, the
Owner shall submit a stormwater Management Report which shall be approved
by the Municipality of Clarington. The Report shall clearly demonstrate that
adjacent property owners will not be impacted by runoff/stormwater from the
subject development.
56. 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.
57. The Owner shall install a chain link fence having a height of 1.2 m around the
perimeter of the stormwater management facility (Block 61) where it abuts any
lands in private ownership.
58. The Owner agrees to install a chain link fence having a height of 1.2 m along the
open space block (Block 64) where it abuts any residential lot created by the
approved draft plan of subdivision.
59. The Owner agrees to install signage along the westerly limits of Block 64 that
would inform users of the Open Space block the limits of the lands owned by the
Municipality of Clarington. All signage shall be installed to the satisfaction of the
Director of Planning Services and the Central Lake Ontario Conservation
Authority and in accordance with the Municipality of Clarington Sign By-law, as
amended from time to time.
60: Prior to the execution of a Subdivision Agreement between the Municipality of
Clarington and the Subdivider for the first phase of development in either plan of
subdivision 18T-89055 or 18T-90003, the Subdivider for the first registration
between either Draft Plan of Subdivision 18T-89055 or 18T-90003 shall enter into
an option agreement with the Kawartha Pine Ridge District School Board for the
potential acquisition of Block 62 in draft plan 18T-89055 and Block 48 in draft
plan 18T-90003 for Elementary School purposes.
61. That all Subdivision Agreements for the subject draft plan between the
Municipality of Clarington and the Subdivider contain a requirement that all
Purchase and Sale Agreements for all phases of the approved draft plan contain
a warning clause as outlined in Condition 78(g)(i).
62. Prior to the execution of an option agreement with the Kawartha Pine Ridge
District School Board, the Subdivider for the first registration in either Draft Plan
of Subdivision 18T-89055 or 18T-90003 shall provide a copy of a stormwater
management report for both draft plans to the satisfaction of the Kawartha Pine
Ridge District School Board that indicates that all stormwater quality and quantity
facilities for the proposed school block will be accommodated outside of the
proposed school black.
Page 9 of 14 (18T-89055) February 18, 2011
63. Prior to the execution of an option agreement with the Kawartha Pine Ridge
District School Board, the Subdivider for the first registration in either Draft Plan
of Subdivision 18T-89055 or 18T-90003 shall provide a copy of a geotechnical
soils study to the satisfaction of the Kawartha Pine Ridge District School Board
that indicates that the soils in Block 62 in draft plan 18T-89055 and Block 48 in
draft plan 18T-90003 are suitable for the construction of an Elementary School.
64. Prior to the execution of an option agreement with the Kawartha Pine Ridge
District School Board, the Subdivider for the first registration in either Draft Plan
of Subdivision 18T-89055 or 18T-90003 shall provide a copy of a Record of Site
Condition(s) filed with the Ministry of the Environment to the satisfaction of the
Kawartha Pine Ridge District School Board that applies to the proposed
Elementary School site (Block 62 in draft plan 18T-89055 and Block 48 in draft
plan 18T-90003) indicating that the soils in Block 62 in draft plan 18T-89055 and
Block 48 in draft plan 18T-90003 are suitable for the construction of an
Elementary School.
65. Prior to the execution of an option agreement with the Kawartha Pine Ridge
District School Board, the Subdivider for the first registration in either Draft Plan
of Subdivision 18T-89055 or 18T-90003 shall provide to the satisfaction of the
Kawartha Pine Ridge District School the proposed grading and servicing plans
for the proposed Elementary School Block for review and approval.
66. No topsoil or fill stockpiling, no construction storage or construction use of any
kind shall be carried out by the Subdivider on the proposed Elementary School
Block in either Draft Plan of Subdivision 18T-89055 or 18T-90003.
67. The Subdivider shall install along all residential lot lines that are common with the
proposed school block a 1.8 m high galvanized chain link fence that is to be
situated 150 mm within the school block site. The 1.8 m high galvanized chain
link fence may be a lower height only if required to comply with the Municipality's
Zoning By-law. The fence is to be installed by the Subdivider simultaneously with
the topsoil and sodding of the residential lots having the common lot line with the
proposed Elementary School block.
68. 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.
69. 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
Page 10 of 14 (18T-89055) February 18, 2011
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.
70. 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.
71. 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.
72. 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.
73. The Owner agrees 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 Owner may be required to pay
for the connection to and/or extension of the existing communication/
telecommunication infrastructure. If the Owner elects not to pay for such
connection to and/or extension of the existing communication/telecommunication
infrastructure, the Owner 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 far emergency management
services (i.e. 911 Emergency Services).
74. The Owner shall agree in the Agreement, to grant to the telecommunication
provider 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 facilities or easements, the Owner shall be responsible
for the relocation of such facilities or easements.
75. The Owner agrees to coordinate the preparation of an overall utility distribution
plan to the satisfaction of all effected authorities.
Page 11 of 14 (18T-89055) February 18, 2011
76. 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 natural gas provider.
77. The Owner shall ensure that all natural gas distribution systems are installed
within the proposed road allowances.
78. The subdivision agreement between the Owner and the Municipality of
Clarington shall contain, among other matters, the following provisions:
a) The Owner agrees to include provisions whereby all offers of purchase
and sale shall include information that satisfies Subsection 59(4) of the
Development Charges Act, 1997.
b) The Owner agrees that no construction, filling, grading or alteration to the
water course shall occur on the property without the prior written approval
of the Central Lake Ontario Conservation Authority.
c) The Owner agrees to carry out the works referred to in Conditions 24 to
28, Conditions 51-54, and Condition 56 to the satisfaction of the Central
Lake Ontario Conservation Authority.
d) The Owner agrees to maintain all stormwater management and erosion
and sedimentation control structures operating and in good repair during
the construction period, in a manner satisfactory to the Central Lake
Ontario Conservation Authority.
e) The Owner agrees to advise the Central Lake Ontario Conservation
Authority 48 hours prior to commencement of grading or the initiation of
any on-site works.
f) The Builder shall include a disclosure in all purchase and sale agreements
advising home buyers of municipal parking regulations, to the satisfaction
of the Director of Planning Services.
g) The Owner agrees to place the following in all agreements of purchase and
sale between the Developer and all prospective home buyers:
i) While an Elementary School site has been reserved within the
approved draft plan of subdivision for the Kawartha Pine Ridge District
School that it may not be constructed and used as an Elementary
School site. All potential purchasers are further advised that an existing
Kawartha Pine Ridge District School Board school(s) will be used to
accommodate all public board elementary pupils until such time as any
new Elementary School can be constructed within the approved draft
plan. If a new Elementary School is not constructed within the
approved draft plan, then all Kawartha Pine Ridge District School
rage 7z of 74 (18T-89055) February 18, 2011
Board pupils will be accommodated at an existing public board
Elementary School(s)."
h) The Owner agrees to post the standard approved "Notice to Parents"
identified in Condition 78(g)(i) in all sales representation centres.
i) The Owner agrees to strictly adhere to the site servicing plan as submitted
by D.G. Biddle & Associates Limited, titled "Conceptual Servicing Plan" in
support of Draft Plan of 18T-89055.
j) The Owner agrees to implement those noise control measures
recommended in the Naise Report required in Condition 13.
79. 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) Central Lake Ontario Conservation Authority, how Conditions 24 to 28,
Conditions 51-54 and Condition 56 have been satisfied;
b) Durham Regional Plannino Department how Conditions 4, 13, 14, 18, and
69-72 have been satisfied; and,
c) Kawartha Pine Ridge District School Board how Conditions 60-67 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:
age ~s or 74 (9ST-89055) February 78, 2011
a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
ON, LIH 3T3, 905-579-0411
b) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box
623, Whitby, ON, L1N 6A3, 905-668-7721
c) Kawartha Pine Ridge District School Board, 1994 Fisher Drive,
Peterborough, ON, K9J 7A1, 705-742-9773
Page 14 of 14 (18T-89055) February 18, 2011
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Attachment 9
To Report PSD-016-11
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2011-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for DEV 89-067;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Agricultural (A) Zone" to "Holding -Urban Residential Exception ((H)R2-71).
Zone';
"Agricultural (A) Zone" to "Holding -Urban Residential Exception ((H)R2-72)
Zone';
"Agricultural (A) Zone" to and "Holding -Urban Residential Exception ((H)R3-40)
Zone';
"Agricultural (A) Zone' to and "Holding -Urban Residential Type One ((H)R1)
Zone"; and,
"Agricultural (A) Zone" to "Environmental Protection (EP) Zone";
as illustrated 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 2011
BY-LAW read a second time this day of 2011
BY-LAW read a third time and finally passed this day of 2011
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2011-
passed this day of 2011 A.D.
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Zoning Change Fram "A" To "EP"
Zoning Change From "A" To °(H)R i"
®Zoning Change From "A" To °(H)R2-71"
®Zoning Change Fom "A" To "(H)R242"
Zoning Change From "A" To "(H)R3-40"
Adrian Foster, Mayor
I ~
Li
Patli L Barrie. Municioal Gerk
Attachment 10
To Report PSD-016-11
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2011-
being a By-law to authorize entering into an Agreement with the Owner(s) of the
Draft Plan of Subdivision 18T-89055, any Mortgagee who has an interest in the
said Lands, and the Municipality of Clarington, in respect of 18T-89055.
WHEREAS the Owner(s) of Draft Plan of Subdivision 18T-89055 has received Draft
Approval and intends to proceed to Final Approval and enter into a Subdivision
Agreement with the Municipality;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington, and seal with the Corporation's
seal, an Agreement between the Owner of Draft Plan of Subdivision 18T-89055.
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 2011
BY-LAW read a second time this day of 2011
BY-LAW read a third time and finally passed this day of 2011
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk.