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HomeMy WebLinkAboutPSD-024-12 Clarington REPORT PLANNING VICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 7, 2012 Resolution#: By-law#: Report#: PSD-024-12 File No's: 18T-87087 & 18T-89021 Subject: REVISIONS TO DRAFT PLANS OF SUBDIVISION 18T-87087 & 18T-89021 APPLICANT: HALLOWAY DEVELOPMENTS LTD. AND H&H PROPERTIES INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-024-12 be received; 2. THAT the application for Amendment to Draft Plan of Subdivision 18T-87087 (Attachment 3) submitted by D.G. Biddle & Associates on behalf of Halloway Developments Ltd. be supported subject to conditions as contained in Attachment 5; 3. THAT the application for Amendment to Draft Plan of Subdivision 18T-89021 (Attachment 2) submitted by D.G. Biddle & Associates on behalf H&H Properties Inc. be supported subject to conditions as contained in Attachment 4; 4. THAT a copy of this Report and Council's decisions be forwarded to the Region of Durham Planning and Economic Development Department and the Municipal Property Assessment Corporation (MPAC); and 5. THAT all interested parties listed in Report PSD-024-12 and any delegations be advised of Council's decision. Submitted by: Reviewed bye � { Davi . Crome, MCIP, RPP Franklin Wu Direc or, Planning Services Chief Administrative Officer BR/CP/av/ah/df May 2, 2012 REPORT NO.: PSD-024-12 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant/Owner: Halloway Developments Ltd. and H&H Properties Inc. 1.2 Agent: D.G. Biddle & Associates Limited 1.3 Proposed Revisions to Draft Approved Plans of Subdivision 18T-87087 & 18T-89021: To permit the creation of one block in each subdivision plan to be used jointly for the development of 120 townhouse units. 1.4 Area: 3.002 hectares (7.418 acres) 1.5 Location: Part Lot 12, Concession 2, Former Town of Bowmanville, 237 & 239 Scugog Street and unaddressed property at southeast corner of Scugog Street & Longworth Avenue, Bowmanville (See Attachments 2 and 3 to Report PSD-024- 12). 2. BACKGROUND 2.1 On November 22, 2011, the applicant submitted applications for Revisions to Draft Plans of Subdivision 18T-87087 and 18T-89021. In addition applications were received for proposed Draft Plan of Condominium, Removal of Part Lot Control and Site Plan Approval (Residential). The proposed revisions to the two Draft Approved Plans of Subdivision would create one block in each plan of subdivision to be used jointly for the development of 120 townhouse units. The layout of the 120 unit development will be approved through Application for Site Plan approval, Application for a Common Elements Plan of Condominium and Exemption of Part Lot Control which will allow for the future creation of parcels of land to be conveyed to individual owners. 2.2 A Public Meeting for the applications for Revisions to Draft Plans of Subdivision 18T- 87087 and 18T-89021 in addition to Draft Plan of Condominium was held on January 23, 2012. A couple spoke at the public meeting. Their comments as well as written comments received in response to the public notice are summarized in Section 7 of this report. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are located at the southeast corner of Scugog Street and Longworth Avenue, with frontage on both Scugog Street and Longworth Avenue. The vacant land is generally flat with some trees. REPORT NO.: PSD-024-12 PAGE 3 3.2 The surrounding uses are as follows: North - Longworth Avenue and beyond, Supermarket Commercial property South - Residential East - Residential West - Scugog Street and beyond a parkette, a stormwater management pond and residential 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The PPS encourages growth within settlement areas on full municipal services. Land use patterns are to promote a mix of housing choices. The subject applications are consistent with the PPS. 4.2 Provincial Growth Plan The Growth Plan directs growth to built up areas where the capacity exists to best accommodate expected population growth. Transit supportive densities and a healthy mix of residential uses are promoted. The Growth Plan principles are supportive of the subject applications. The subject lands are not within the Bowmanville built boundary. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject lands as "Living Area". The proposed development conforms to the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as "Urban Residential" with a medium density symbol. In addition the lands front on two Type "C" Arterial roads, Longworth Avenue and Scugog Street. The proposed development conforms to the Clarington Official Plan. 6. ZONING BY-LAW 6.1 Within Zoning By-law 84-63, as amended, the subject lands are zoned "Holding — Urban Residential Type Three ((H)R3)" Zone. The R3 Zone permits "link townhouse" units with a maximum density of 40 units per hectare. The proposed development conforms. REPORT NO.: PSD-024-12 PAGE 4 7. PUBLIC SUBMISSIONS 7.1 At the public meeting neighbours commented that there is a storm water accumulation problem at the northeast corner of the subject lands. They inquired about tree preservation, traffic studies, noise study and townhouse elevations. Other neighbours expressed concern that the subject lands are not open space and lamented the loss of urban green space with approval of the proposed development. Another neighbour requested additional information on the future tenure type, price point and timing of the development. Section 9 addresses the concerns. 8. AGENCY COMMENTS 8.1 The Central Lake Ontario Conservation Authority has no objection to the application for amendment to the two draft approved plans of subdivision. They provided a number of typical conditions of approval which included the need for silt fencing around the development's entire perimeter with a double row of silt fence along the Scugog Street. 8.2 Durham Regional Planning offered (incorporating Durham Regional Works comments) the following: the proposal and its various applications conformed to the Regional Official Plan, was consistent with the Provincial Policy Statement and Growth Plan. The noise study recommendations are acceptable and need to be implemented through the Clarington subdivision agreement. Water main and service connection are available adjacent to the site, however, no sanitary sewer capacity is available until late 2014 or early 2015. They also provided conditions related to the application for proposed plan of condominium. 8.3 The Engineering Services Department has no objection to the proposed revisions to draft approval. They provided conditions of approval including the need for a road widening with site triangle extension dedicated to Clarington. They confirmed that the detailed site plan drawings for grading and drainage must conform to the Northwest Bowmanville Master Drainage Study. They identified that street trees will be required for the Scugog Street frontage and standard requirements dealing with performance guarantees, road damage deposit shall be incorporated in the subdivision agreement. 8.4 The Operations Department has no objection to the proposed amendments to draft approval subject to conditions of approval for the subdivision and site plan applications. These include a minimum of 2% of the vehicular travelled area, shall be designated for snow storage, with proper signage and shown on the drawings. During construction, proper mud mats shall be installed and shown on the plans, and a sweeper and flusher shall be on site. Failure to keep streets clean will result in a contractor being hired and the applicant will be billed costs plus 35% overhead. 8.5 The Emergency and Fire Services Department had no objections to the application, they require `no parking' signs for fire routes — on both sides, and recommend private fire hydrants, which are to be painted red. This will be included as part of the site plan approval. REPORT NO.: PSD-024-12 PAGE 5 9. STAFF COMMENTS 9.1 The northerly property is part of a very large plan of subdivision — 18T-87087, which is basically built with the exception of the subject property. No portion of the southerly property, subdivision 18T-89021 advanced beyond draft approval. 9.2 The proposed amendments to the two draft approved plans of subdivision eliminate a proposed public street which was draft approved in the early 90's with 6.0 metre wide townhouses on both sides of the street. This form of development, with townhouses across the street from townhouses, is typically not permitted today, due to on-street parking concerns. The proposed development eliminates that issue as well as the rear yards and noise fences occupying the majority of the frontage of the two Type 'C' arterial streets. 9.3 The revisions to conditions of draft approval for both plans of Subdivision 18T-89021 and 18T-87087 create a single block in each of the proposed plans of subdivision. Both amending plans of subdivision associated with the above revisions feature an empty block of land with the actual layout to be determined through site plan approval. However, this is a first step in the overall planning approval for the proposed 120 townhouse units. Staff will continue to review and process a site plan application which lays out the internal private roads, amenity areas and dwelling units. Once the site plan application is approved a report dealing with the condominium approval will be prepared for Council's approval. The condominium application is for the common elements component of the application only, which is the internal road and shared amenity space. The next and final Planning Act application will be for exemption to Part Lot Control to allow the creation of"parcels tied to land" (POTL). A POTL allows the creation of a deed for the parcel and dwelling that can be transferred. 9.4 Through the site plan review process detail drawings dealing with grading and drainage are being reviewed by both CLOC staff and Engineering Services staff. Through this review they will ensure that future grading of the site will not cause issues for the future residents or existing neighbouring residents. 9.5 The subject lands are designated urban residential and have been subject to draft approved plans for over 20 years. The lands are not identified as having any significant natural heritage features and were never intended to remain a green space for the community. Urban green spaces are an important component of the development of a community and the municipality provides those spaces through a combination of natural spaces such as valleys, woodlots and stormwater management ponds; and active areas such as parks, parkettes and squares. 9.6 The applicant has submitted a tree preservation plan which recommends a few trees on the perimeter to be preserved while the majority of the site can be cleared for development. A noise study has been submitted in support of the application and identified future private amenity areas that require noise fences to mitigate noise levels for parcels abutting Longworth, as well as lots requiring warning clauses. Engineering Services determined that, generally, traffic is distributed in two controlled locations to Type "C" arterial roads, and that a traffic study was not required. REPORT NO.: PSD-024-12 PAGE 6 9.7 As noted the proposal will be condominium tenure, however staff cannot control the price point at which the units will be offered on the market. However, architectural review of the building elevations will ensure that the development is compatible with the residences in the surrounding neighbourhood. 10. CONCURRENCE 10.1 This report has been reviewed by the Director of Engineering Services who concurs with the recommendations. 11. CONCLUSION 11.1 The proposal has been reviewed in consideration of the comments received from area residents and the circulated agencies, and in consideration of Provincial Policy, the Clarington Official Plan and Zoning By-law 84-63. Based on the comments provided in this report, staff respectfully recommends: that the revised Plans of Subdivision, as shown in Attachments 2 and 3, be supported for Draft Approval subject to the revised Conditions of Draft Approval contained in Attachments 4 and 5 for Subdivisions 18T- 89021 and 18T-87087. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Bob Russell, Planner II Attachments: Attachment 1 - Key Map Attachment 2 - Revised Draft Plan of Subdivision 18T-89021 Attachment 3 - Revised Draft Plan of Subdivision 18T-87087 Attachment 4 - Revised Conditions of Draft Approval for 18T-89021 Attachment 5 - Revised Conditions of Draft Approval for 18T-87087 REPORT NO.: PSD-024-12 PAGE 7 Interested parties to be notified of Council's decision: Bruce and Heather Beveridge Stephen and Michelle Wood Jennifer Huisman (Henderson) Glenn Genge Bruce Thompson Nancy Barnes Attachment 1 To Report PSD-024-12 d o �d E � Z C O U) C fL o N O � � � c Cm -,E m c N y C. s i V m > C � ) T LL N o a p V N O 0 - 00 �_ Z c {{ 00 133N19 W9n�S w '1� 00 0 CL CL O pr.i t N 40A 7020 �p NCO en t, y�C FT..__'. �'unl�•r F` I • � �"�.. R !"aR-I.:.ice-r1F� GT,. 1 'fir �-.....� •�f , ,. I _• �L,I ' 1 a 1A N IN , l ` JI -Ail w d fL r !" I 'tt \> 3 III _ b N� s. !� ih \ �`n.�,l'�) I I a I� _tJ I 31Q. I ILL t eta k00 I d Y I �. '"�3\may ��', Fr-! � -F �- -i•,r�i! T'���-`4'��\�,� 133�:Us 000nos Attachment 2 To Report PSD-024-12 Z e4g O °a \L i3 Y O m3(A•ON 10 6 Qc °ossz �_i 6p�d8 N o ray I—' MIK os w Jz °3 J v_�ag $ N � 7 Eao g I..1_ c°°oar D°3x \ \ \\ R\\\ \RfG P�40M 2WO T I . I .- �1 \ \ I I I I I I I lb 'h9L7 r06,YV7d�P21 T II - - _ I •� J -- I O d • i b I )l , • \ • \ __ yr 1 --- ;I _� \ YG` 1�•• \.`__-,!�._".y'��:__ �\'_--=-_-ter � -_ � �. —\,\� , om� - r Attachment 3 To Report PSD-024-12 R L N 3 y GEi 3g�d& ��p Zmz�wuo oo H, 14 99 0 Z �LL 9,m a'-F 86�b oo EBB w Q = 000 <° poy" L) e° gb \ ♦ � ♦ ♦ SN3OS3U0 NVOON \ \ \\ \\REG PLA�4OM `\ \ \ \ ♦♦,�, ♦♦ I i r I I I I � I � I I I I 1 fk� wmw `� s)for/ �\, .``,,�• // r i I I ;>su Ivor 07d 9r7b \ �` , --------—I b v \II ♦� f o � I I r `13 I \ ♦ I ♦ \ a` ire', f•1..._��_._..i l -\� 1 I I \ _ i t -�/s-rte '•vim - — • Attachment 4 To Report PSD-024-12 REVISED CONDITIONS OF DRAFT APPROVAL FILE NO.: 18T-89021 DATE: MAY 7, 2012 1. The conditions of draft approval for 18T-89021, issued on October 10, 1990, be rescinded and replaced with the following conditions. PLAN IDENTIFICATION 2. The Owner shall have the final plan prepared on the basis of the approved amended draft plan of subdivision 18T-89021, prepared by D.G. Biddle & Associates Ltd. identified as job number 111019, and drawing number DP-1, dated November 18, 2011, which illustrates Block 1 — to be developed with a maximum density of 40 units per hectare; and Block 2 — a Scugog Street road widening. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 3. The Owner shall obtain municipal approval for the removal of the holding (H) symbol for the land uses proposed on the approved draft plan in accordance with the provisions of the Planning Act. 4. 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 plan has been approved except as authorized by the Municipality. Any trees to be removed, if removed by burning, shall require a permit in accordance with Open Air Burning By-law 2001-113. 5. 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. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 6. The Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the engineering and construction of all internal and external works and services related to the development of the block within this plan of subdivision, and the requirements that follow. 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. 7. All land dedications including a varied width road widening across the entire frontage of Scugog Street, sight triangles, easements, 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. 8. The Owner supply on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved and each 40M Plan proposed for registration. 9. The Owner shall agree to enter into a Site Plan Agreement with the Municipality and further agrees that no development shall take place on the subject lands until such Site Plan Agreement has been executed and conditions therein satisfied which may include but not be limited to, the engineering and construction of all internal and external works and services related to the site plan component of this proposal and the following requirements: a. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities; b. The Owner shall, at their expense, remove the walkway identified as Block 60 in Registered Plan of Subdivision 40M-1764. The removal includes the walkways, hard surface, fencing and bollards, as well as costs associated with disposing of the land; c. The Owner is responsible for any costs necessary to facilitate the construction of entrances from the subject property to Scugog Street and Longworth Avenue. The cost of providing connecting accesses may include, but is not limited to, utility relocation, entrance paving, curb cuts, and restoration; d. 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; e. The Owner must provide street trees on Scugog Street that form a portion of the connecting boulevard. All planted trees must conform to Municipal standards; f. The Owner shall be responsible for constructing, at 100% his cost, a wood privacy fence, to the satisfaction of the Director of Planning Services along those portions of the eastern and southern boundaries of the subject lands, currently unfenced; g. The Owner shall assume all costs for provision, installation and location of community mailboxes to service this development, in a manner satisfactory to the Director of Engineering Services; h. The Owner 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; i. The Owner shall comply with the Municipality's architectural design guidelines for all dwellings proposed on the subject lands; j. The lands are subject to two front-ending agreements. The Owner will be required to make the appropriate payments to the front-ending developers; k. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time; I. The Owner must meet all the requirements of the Engineering Services Department, financial and otherwise; m. The Owner shall provide, in accordance with the provisions of the Planning Act, cash payment in lieu of parkland conveyance for all of the required dedication. The payment shall be in accordance with Section 42 of the Planning Act; n. 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; o. The Owner must provide a Road Damage Deposit of $1,000.00 for the Proposal. The Deposit will be refundable when all construction has been completed and all road restoration has been completed. Any final decision to release the Road Damage Deposit to the Owner shall be made solely at the discretion of the Director of Engineering Services; p. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to 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; q. Prior to final approval, the Regional Municipality of Durham shall be satisfied that wells on the property, if any, have been decommissioned in accordance with applicable Ministry of Environment standards; r. 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; s. The Owner shall grant to the Regional Municipality 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 Regional Municipality of Durham; t. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities; u. The Owner shall cause all utilities, including hydro, telephone, Cable TV, etc., to be buried underground; v. The Owner agrees to coordinate the preparation of an overall utility distribution plan to the satisfaction of all effected authorities; w. Prior to any on-site grading or construction or final approval of the plan, the Owner shall submit to and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for plans and 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 provincial guidelines and the Northwest Bowmanville Master Drainage Study and approved addendums; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; and c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with 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. x. 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; y. The Owner agrees to carry out the works referred to in Conditions 'w' and 'x' to the satisfaction of the Central Lake Ontario Conservation Authority; z. The Owner agrees to maintain all stormwater, erosion and sediment control structures and measures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority; aa. The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to the commencement of grading or initiation of any on-site works. bb. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to implement the recommendations of the study, entitled "Noise Impact Study, Proposed Plan of Condominium, South-east Corner of Longworth Avenue and Scugog Street", prepared by D.G. Biddle & Associates Ltd., dated November 16, 2011, which specifies noise attenuation measures for the development. The noise attenuation measures shall be included in the subdivision agreement and must also contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study; cc. The Owner is to demonstrate to the Clarington Building Division that prior to the issuance of a building permit, for the dwellings requiring noise attenuation measures, the recommendations of the Noise Study noted in Condition "bb", will be implemented. dd. The Owner's Consultant shall certify prior to occupancy that the dwellings have been constructed in accordance with the recommendations of the Noise Study noted in Condition "bb". ee. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to fulfill the requirements of the Master Drainage Study as they apply to this site to the satisfaction of the Director of Clarington Engineering Services and Central Lake Ontario Conservation Authority. b) The Owner agrees to strictly adhere to the site servicing plan as submitted by D.G. Biddle & Associates, titled "Site Servicing Plan (SS-1)" in support of Draft Plan of Condominium C-C-2011-0002 and Site Plan Approval SPA 2011-0035. c) 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. d) The Owner 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. e) The Owner agrees to place the following in all agreements of purchase and sale between the Developer and all prospective home buyers: i) "Due to the proximity of this plan to Scugog Street and Longworth Avenue, purchasers should be aware that traffic noise may interfere with some activities of the dwelling occupants"; ii) "Despite the noise control features implemented within the development and/or within the individual dwelling units, noise levels from the adjacent municipal streets may occasionally interfere with some activities of the dwelling occupants"; iii) "Purchasers and tenants notified that there are existing farming operations nearby and that they will not object, complain or seek legal action against such nuisances as noise and odour resulting from normal farming practices"; 10. 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) Regional Municipality of Durham, how Conditions 5, has been satisfied. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within four years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Durham Regional Planning and Economic Development Department, 605 Rossland Road East, P.O. Box 623, Whitby, ON L1 N 6A3 (905-668- 7721), and Attachment 5 To Report PSD-024-12 LIST OF CONDITIONS TO BE ADDED TO, OR MODIFY, EXISTING DRAFT APPROVAL CONDITIONS FOR PLAN OF SUBDIVISION 18T-87087 DATE: MAY 7, 2012 1. The Owner shall have the final plan prepared on the basis of approved amended draft plan of subdivision 18T-87087, prepared by Tunney Planning, identified as project number TUN 184-3, revised as G.M. Sernas and Associates, identified as drawing number 94010, dated December 1989, which was draft approved February 23, 1990, and amended on July 10, 1990, April 19, 1996 and July 10, 2000, and is hereby further amended by deleting Street "Y" together with Blocks 298, 299 and 300 and replacing with Block 1 which shall have a maximum density of 40 units per hectare, and various blocks for reserves. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 2. That prior to final approval, the Owner shall submit to the Municipality of Clarington for review and approval, a Tree Preservation Plan prepared by a qualified consultant. No trees shall be removed until such time as this plan has been approved except as authorized by the Municipality. Any trees to be removed, if removed by burning, shall require a permit in accordance with Open Air Burning By-law 2001-113. 3. That the land uses shown on the approved draft plan shall be placed in the appropriate zoning categories in a Zoning By-law passed by the Council of the Municipality of Clarington in accordance with the Planning Act, 1983, as amended. The Owner shall obtain municipal approval for the removal of the holding (H) symbol for the land uses proposed on the approved draft plan in accordance with the provisions of the Planning Act, as amended. 4. 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. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 5. The Owner supply on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved and each 40M Plan proposed for registration. 6. The Owner must provide street trees on Scugog Street that form a portion of the connecting boulevard. All planted trees must conform to Municipal standards. 7. The Owner shall agree to enter into a Site Plan Agreement with the Municipality and further agrees that no development shall take place on the subject lands until such Site Plan Agreement has been executed and conditions therein satisfied which may include but not be limited to, the engineering and construction of all internal and external works and services related to the site plan component of this proposal and the following requirements: a. The Owner shall comply with the Municipality's architectural design guidelines for any site plan application on the subject lands. b. The Owner agrees to coordinate the preparation of an overall utility distribution plan to the satisfaction of all effected authorities. c. The Owner must provide a Road Damage Deposit of $1,000.00 for the Proposal. The Deposit will be refundable when all construction has been completed and all road restoration has been completed. Any final decision to release the Road Damage Deposit to the Owner shall be made solely at the discretion of the Director of Engineering Services. d. The lands are subject to two front-ending agreements. The Owner will be required to make the appropriate payments to the front-ending developers. e. The Owner shall be responsible for constructing, at 100% his cost, a wood privacy fence, to the satisfaction of the Director of Planning Services along those portions of the eastern boundary of the subject lands, currently unfenced. f. The Owner shall grant to the Regional Municipality 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. g. Prior to any on-site grading or construction or final approval of the plan, the Owner shall submit to and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for plans and 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 provincial guidelines and the Northwest Bowmanville Master Drainage Study and approved addendums; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; and c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with 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. h. 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. i. The Owner agrees to carry out the works referred to in Conditions "g." and "h." to the satisfaction of the Central Lake Ontario Conservation Authority. j. The Owner agrees to maintain all stormwater, erosion and sediment control structures and measures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. k. The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to the commencement of grading or initiation of any on-site works. I. The Owner shall agree in the Municipality of Clarington subdivision agreement to implement the recommendation of the study entitled "Noise Impact Study, Proposed Plan of Condominium, South-east Corner of Longworth Avenue and Scugog Street", prepared by D.G. Biddle & Associates Ltd., dated November 16, 2011, which specifies noise attenuation measures for the development. The noise attenuation measures shall be included in the subdivision agreement and must also contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study. m. The Owner is to demonstrate to the Clarington Building Division that prior to the issuance of a building permit, for the dwellings requiring noise attenuation measures, the recommendations of the Noise Study noted in Condition "I.", will be implemented. n. The Owner's Consultant shall certify prior to occupancy that the dwellings have been constructed in accordance with the recommendations of the Noise Study noted in Condition "I.",. o. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to fulfill the requirements of the Master Drainage Study as they apply to this site to the satisfaction of the Director of Clarington Engineering Services and Central Lake Ontario Conservation Authority. b) The Owner agrees to place the following in all purchase and sale agreements between the Developer and all prospective home buyers: i) "Due to the proximity of this plan to Scugog Street and Longworth Avenue, purchasers should be aware that traffic noise may interfere with some activities of the dwelling occupants"; ii) "Despite the noise control features implemented within the development and/or within the individual dwelling units, noise levels from the adjacent municipal streets may occasionally interfere with some activities of the dwelling occupants"; iii) "Purchasers and tenants notified that there are existing farming operations nearby and that they will not object, complain or seek legal action against such nuisances as noise and odour resulting from normal farming practices"; c) The Owner agrees to strictly adhere to the site servicing plan as submitted by D.G. Biddle & Associates, titled "Site Servicing Plan (SS-1)" in support of Draft Plan of Condominium C-C-2011-0002 and Site Plan Approval SPA 2011-0035. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within four years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Durham Regional Planning and Economic Development Department, 605 Rossland Road East, P.O. Box 623, Whitby, ON UN 6A3 (905- 668-7721), and b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, ON L1 H 3T3 (905-579-0411).