HomeMy WebLinkAboutPSD-030-12 Clarftwn REPORT
PLANNING SERVICES DEPARTMENT
PUBLIC MEETIN
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 11, 2012 Resolution #: Pt) m By-law #: ( -
Report#: PSD-030-12 File #: S-C-201 1-0001 and ZBA 2011-0024
Subject: PROPOSED DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW
AMENDMENT APPLICATION TO PERMIT A RESIDENTIAL DEVELOPMENT
OWNER: 1825284 ONTARIO LTD. (CITY HOMES) AND
HALLOWAY DEVELOPMENTS LIMITED
RECOMMENDATIONS:
Provided there are no significant concerns raised at the public meeting, it is respectfully
recommended that the General Purpose and Administration Committee recommend to Council the
following:
1. THAT Report PSD-030-12 be received;
2. THAT the application for the proposed Draft Plan of Subdivision, submitted by City Homes to
permit the development of up to 66 residential units be supported;
3. THAT the Zoning By-law Amendment application submitted by City Homes be approved as
contained in Attachment 4 to Report PSD-030-12;
4. THAT once all conditions contained in the Official Plan and Zoning By-law with respect to
the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of
the (H) Holding Symbol be forwarded to Council for approval;
5. THAT the Region of Durham Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-030-12 and Council's decision; and
6. THAT all interested parties listed in Report PSD-030-12 and any delegations be advised of
Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-030-12 PAGE 2
• i a
Submitted by: li Reviewed by:
a id J. Cr e, MCIP, P Franklin Wu,
Director of Planning Services Chief Administrative Officer
ATS/CP/av/df
May 31, 2012
REPORT NO.: PSD-030-12 PAGE 3
1. APPLICATION DETAILS
1.1 Applicant/Owner: 1825284 Ontario Limited (City Homes)
1.2 Agent: D.G. Biddle & Associates Limited
1.3 Proposed Draft Plan of Subdivision:
To permit the development of up to 66 single detached dwelling lots,
part lots for future development, roads, and 0.3 metre reserves.
1.4 Proposed Zoning By-law Amendment:
To rezone the subject lands from Agriculture "A", to appropriate zones,
to implement the proposed draft plan of subdivision.
1.5 Area: 4.38 ha (10.7 acres)
2. LOCATION
2.1 The subject lands are located in Part Lot 12, Concession 2, Former Township of Darlington
(Extension of Courtney and Gimblett Streets, Knox Neighbourhood, Bowmanville). See
Attachment 1.
3. BACKGROUND
3.1 The subject applications for a draft plan of subdivision and rezoning were deemed complete
on September 21, 2011.
3.2 The subject lands are located within north Bowmanville. This is an infill site as the
surrounding residential neighbourhood is mostly developed.
3.3 The proposed draft plan of subdivision (Attachment 2) contains roads that would assist in
completing the network for the neighbourhood including providing access to Concession
Road 3. The proposed plan differs from most plans of subdivision applications received in
Clarington since the majority of the lots are not explicitly shown on the plan but are
represented by blocks that could accommodate varied lot frontages subject to satisfying the
zone requirements. The exact number of units and lot widths would be determined by
market conditions prior to registration.
3.4 A number of studies were submitted with the applications, including:
® Geotechnical Investigation
• Record of Site Condition
• Noise Impact Study
• Stage 1-3 Archaeological Assessment
• Conceptual Servicing Report
• On-street Parking Plan
REPORT NO.: PSD-030-12 PAGE 4
3.5 In addition, the applicant completed a tree preservation plan in advance of draft plan
approval in an effort to address residents' concerns raised at the first public meeting held
October 31, 2011.
3.6 On February 16, 2012, the applicant submitted a revised rezoning application to include
Block 188, Plan 40M-2363 (Attachment 1). This block is a vacant, future development block
and will be used together with land within the draft plan of subdivision to create ten (10)
additional single-detached dwelling lots along Colville Avenue. In order to do so, a rezoning
is required under the Planning Act and is the reason for the second public meeting.
4. SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The site is relatively flat with some vegetation, and vacant of structures.
4.2 The surrounding uses are as follows:
North - Draft approved residential lots within a plan of subdivision (North Glen East
S-C-2007-0005)
South - Single detached residential units within a registered plan of subdivision
East - Single detached residential units within a registered plan of subdivision
West - Vacant lands designated for low and medium density residential development
(formerly draft approved plan of subdivision which has lapsed).
5. PROVINCIAL POLICY
5.1 Provincial Policy Statement (PPS)
The Provincial Policy Statement identifies settlement areas as the focus of growth. Land use
patterns within settlement areas shall be based on the efficient use of land, infrastructure
and other public services, such as public transit. Opportunities for intensification and
redevelopment shall be indentified and promoted. A land use pattern, density and mix of
uses should be promoted to minimize vehicle trips and support transportation choices.
Natural features shall be protected for the long term. The subject applications are consistent
with the PPS.
5.2 Growth Plan
The Growth Plan provides a framework for accommodating growth in existing built up areas,
through intensification and redevelopment, and within greenfield areas. The subject Draft
Plan of Subdivision is within a greenfield area. New development in greenfield areas are to
be complete communities with access to a mix of jobs, services, housing, school, recreation
and open space that is easily accessed through various modes of transportation. The
greenfield area of each upper-tier municipality will be planned to achieve a minimum density
target that is not less than 50 residents and jobs combined per hectare. Major growth is to
be directed to areas serviced by existing or planned municipal infrastructure, such as water
and sewer services. Natural heritage features that complement, link or enhance natural
systems shall be identified and protected. The subject applications are consistent with the
principles of the Growth Plan.
REPORT NO.: PSD-030-12 PAGE 5
6. OFFICIAL PLAN POLICIES
6.1 Durham Regional Official Plan
Within the Durham Regional Official Plan, the lands are designated as Living Area, with an
indication of Key Natural Heritage and Hydrologic Features. This feature is attributed to
vegetation around the limits of the site, which will be addressed through the completion of
the tree preservation plan. CLOCA has indicated that there are no environmental features of
concern on the subject lands.
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 natural environment, including Key Natural Heritage and Hydrologic Features, shall be
given paramount consideration in light of their ecological functions and scientific,
educational and health values.
In consideration of development applications in designated Living Areas, regard shall be had
for the intent of this plan to achieve the following:
• A compact urban form;
• The use of good urban design principles;
• The provision of convenient pedestrian access to public transit, educational facilities
and parks;
• A grid pattern of roads;
• The provision and distribution of parks, trails and pathways and educational facilities;
• The types and capacities of the existing municipal services, infrastructure and the
feasibility of expansion; and
• The balance between energy efficiency and cost.
The proposed developments conform to the Durham Regional Official Plan.
6.2 Clarington Official Plan
Within the Clarington Official Plan, the subject lands are designated Urban Residential. The
use of land in the Urban Residential designation is predominantly for single and semi
detached housing with a net density no greater than 30 units per net hectare. The lands are
within the Knox Neighbourhood of the Bowmanville Urban Area, which has a population
allocation of 5350 and a housing unit target of 1950.
The approximate limit of the Lake Iroquois Beach features includes a small portion of the
site south of Concession Road 3. No other significant natural heritage features occur on the
property.
An Environmental Impact Study (EIS) is required for development applications located on
lands within or adjacent to the Lake Iroquois Beach and/or, any natural heritage feature,
Staff together with CLOCA determined additional EIS work is not required for the subject
applications given the previous environmental studies done on the north side of Concession
Street and the limited amount of Lake Iroquois Beach on the property, and the lack of other
significant natural heritage features.
The proposed development conform to the Clarington Official Plan.
REPORT NO.: PSD-030-12 PAGE 6
7. ZONING BY-LAW CONFORMITY
7.1 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.
8. PUBLIC MEETINGS AND COMMENTS RECEIVED
8.1 The first public meeting was held on October 31, 2011. No one came forward during the
public meeting however following the meeting, residents of Brough Court expressed
concerns relating to the potential removal of trees to the rear of their lot, and along the east
property limit of the proposed draft plan of subdivision. They subsequently submitted
correspondence to the November 7, 2011 Council meeting which was referred to Planning
staff.
8.2 For the public meeting scheduled for June 11, 2012, Public Notice was given by mail to
each landowner within 120 metres of the revised limits of the subject site and three (3)
public meeting signs were installed along Concession Road 3, Courtney Street, and
Gimblett Street.
8.3 As of the date of writing this report, staff received three (3) general inquiries relating to the
development.
9. SUPPORTING DOCUMENTATION
9.1 Tree Preservation Plan
This plan was prepared to assess any opportunities for tree preservation in response to a
concern raised by a neighbouring property owner.
The report found that due to the required installation of rear yard catch basins along the east
property limit, most trees would have to be removed. However, the engineering consultant
can revise the location of a rear yard catch basin which will have the effect of preserving
additional trees adjacent to the mutual property line of those lots fronting onto Brough Court.
The plan also provides guidelines for the preservation of trees during the construction
period.
While additional trees will be preserved, low lying vegetation will require removal during the
grading and servicing of the lots.
9.2 Geotechnical Investigation
The purpose of this report is to determine the subsurface soil and shallow groundwater
conditions at the site by means of a limited number of shallow boreholes. The report
provides engineering information for the design of the proposed residential development at
the site, including the following:
REPORT NO.: PSD-030-12 PAGE 7
• Engineered fill placement requirements and parameters;
• Underground service trench excavations, bedding and backfill;
• Pavement design for the residential roads; and,
• Conventional residential foundation design.
This information will be used during the review of the servicing and grading drawings during
the detailed design stage of the subdivision.
9.3 Record of Site Condition
A Phase I and II Environmental Site Assessment was prepared by Golder Associates
Limited and a Record of Site Condition (RSC) has been filed with the Ministry of
Environment. The RSC determined that the site is suitable for the proposed residential use
from a soils and groundwater perspective.
9.4 Noise Impact Study
The study assessed noise generated by vehicular traffic from Concession Road 3. The
recommendations of the study include the registration of warning clauses on title of the
lands, installation of acoustical fencing along Concession Road 3 to buffer noise in rear
yards, and ducting of certain dwellings to accommodate air conditioning units which allow
windows and doors to be closed.
9.5 Stage 1-3 Archaeological Assessment
The Archaeological Assessment was prepared in three stages:
Stage 1
• Preliminary screening indicated that site is within an area of high archaeological potential
due to proximity to the Bowmanville Creek and other known archaeological sites in the
area
Stage 2
• Additional testing took place at a high potential interval (every 5 metres)
• Historic scatter was found where the remains of building had been recently removed
Stage 3
• An excavation was undertaken to determine the extent and age of material
No information of significant cultural value could be gained from further excavation of the
site and the assessment concluded that the development property be cleared for
development.
REPORT NO.: PSD-030-12 PAGE 8
9.6 Conceptual Servicinq Report
The report confirms that sanitary and water services will be extended from the development
to the south. Services exist within the Gimblett Street road allowance at the southeast
corner of the development property. The report also confirms that existing services are sized
appropriately to accommodate the subject development.
As outlined above, the location of a rear yard catch basin has been revised on the servicing
plan in an effort to preserve additional trees on the site.
Stormwater from the subject development will be accommodated by storm sewers for minor
storm events and within the road right-of way for major events. Eventually all water drains
towards the Jackman Pond.
9.7 On-street Parking Plan
An on-street parking plan was submitted with the application and has been approved by the
Engineering Services Department.
10. AGENCY COMMENTS
10.1 Enbridge, Bell, Veridian, Rogers, Durham Regional Transit, and Durham Regional Health
offer no objections to the proposal.
10.2 The Kawartha Pine Ridge District School Board requests that public sidewalks be included
on all roads within the plan of subdivision.
10.3 The Central Lake Ontario Conservation Authority has no objections to the proposed
development. Stormwater management techniques were considered for these lands through
the preparation and approval of the Northwest Bowmanville Master Drainage Study.
Detailed grading and erosion and sediment controls will be considered during the detailed
design of the subdivision. CLOCA has provided appropriate conditions of approval.
10.4 The Region of Durham has no objection to the approval of the draft plan of subdivision and
has offered conditions of approval.
10.5 Circulated agencies have no objections to the revised rezoning application for Block 188,
Plan 40M-2363.
11. STAFF COMMENTS
11.1 The subject lands are within the Bowmanville urban area and are designated for residential
development. Pending completion of the upgrades at the Bowmanville Water Pollution
Control Plant, the lands can be serviced by the extension of water, sanitary sewer and storm
sewer services from the south.
REPORT NO.: PSD-030-12 PAGE 9
11.2 The proposed plan of subdivision is a logical extension of development and street patterns
that exists to the east and to the south. Over time, the subject draft plan would be further
connected to another vacant 10 acre parcel to the west to complete development in this
corner of the neighbourhood.
11.3 The development on its own may be short of the target of 50 residents and jobs per hectare
provided in the Growth Plan. The target is not intended to be applied in isolation to a single
development but rather across the Municipality. The design of the proposed draft plan is
generally fixed from a transportation perspective and offers a mix of 10.0 metre, 12.0 metre
and 15.0 metre lots. This is in keeping with the character and built form of the surrounding
neighbourhood. The adjacent plan of subdivision to the west offers blocks of land zoned for
townhouse units.
11.4 Clarington Engineering Services provided comments to be satisfied prior to recommending
approval of the proposed draft plan of subdivision. The applicant has suitably addressed the
comments and conditions of approval that have been provided relating to:
• Grading proximate to Concession Road 3, which is to be upgraded in the future;
• Installation and removal of temporary cul-de-sacs;
• Grading and drainage in the context of the surrounding developments and to comply with
the Northwest Bowmanville Master Drainage Study;
• Reimbursement with respect to existing front ending agreements for oversized storm
sewer and stormwater management works; and
• Requirements for cash-in-lieu of parkland.
The Engineering Department has no objections.
11.5 Clarington Operations and Clarington Building have no objections to the applications.
11.6 During the public consultation process, comments were received by neighbouring residents
who have concerns about the protection of trees. Staff accepted the recommendations of
the tree preservation plan, subject to revising the location of the rear yard catch basin. The
results were discussed with the property owner who also accepts the plan, as revised. The
property owner understands that one of the rear yard catch basins will be shifted in an effort
to preserve trees, and a small amount of drainage will continue to drain easterly through
their lot, however, this drainage will be reduced from existing levels.
11.7 The subject lands are designated urban residential development subject to meeting the
development policies of the Regional and Clarington Official Plans. 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.
11.8 It is recommended that the subject lands be placed in urban residential zones to allow for
the layout of the 10.0, 12.0 and 15.0 metre lots. The zones applied reflect current standards
seen in newer subdivisions with respect to lot coverage and setbacks and are consistent
with the surrounding neighbourhood. The Holding provision will be utilized to ensure
adequate access and services are in place prior to development and will be lifted by Council
REPORT NO.: PSD-030-12 PAGE 10
when the appropriate conditions are met. The proposed Zoning By-law Amendments are
included as Attachment 4.
11.9 The applicant has provided their concurrence with the Conditions of Draft Plan Approval as
set out in Attachment 3.
Due to the servicing constraints in Bowmanville which prevent allotment of sewage capacity
until 2014, it is recommended that the applicant be given four years before the approval
lapses or must be reviewed. This is consistent with most of the recent approvals in
Bowmanville which are to lapse in 2016. If Council wishes to reduce this to three years, an
amendment to the recommendation should provide for this.
11.10 All taxes payable to the Municipality of Clarington have been paid in full.
12. CONCURRENCE — Not Applicable
13. CONCLUSION
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 proposed Draft Plan of Subdivision and Zoning By-law Amendment be approved.
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
X Maintaining financial stability
Connecting Clarington
Promoting green initiatives
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Anne Taylor Scott
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Draft Plan of Subdivision
Attachment 3 - Conditions of Draft Approval and Draft Plan
Attachment 4 - Proposed Zoning By-law Amendment
REPORT NO.: PSD-030-12 PAGE 11
Interested parties to be notified of Council and Committee's decision:
1825284 Ontario Limited (City Homes) c/o Jamie Maclnnis
Glenn Genge, D.G. Biddle & Associates Ltd.
Bill Creamer, D.G. Biddle & Associates Ltd.
David & Heather Duckett
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Attachment 2
To Report PSD-030-12
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Attachment 3
To Report PSD-030-12
CONDITIONS OF DRAFT APPROVAL
FILE NO.: S-C-201 1-0001
DATE: April 4, 2012
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-201 1-0001 prepared by D.G. Biddle & Associates Limited
identified as project number 110116, dated June 14, 2011, which illustrates a
minimum of 56, and a maximum of 66, single detached residential units
including: seven (7) single detached residential dwelling lots (minimum 12.0
metre frontage); four (4) blocks for single detached residential lots (minimum
10.0 metre frontage/maximum 12.0 metre frontage); two (2) blocks for single
detached residential lots (minimum 12.0 metre frontage/maximum 15.0 metre
frontage); future development blocks; a 5.18 metre road widening; and, 0.3 metre
reserves.
REVISIONS
1. Reference to the Elgin Street Road allowance is removed from the plan as it has
been closed and conveyed.
2. Block 24 should be widened to 6.8 metres to be developed with adjacent Block
40 (5.2m) 18T-89044 and is currently zoned (H)R2. The R2 Zone has a minimum
lot frontage of 12 metres.
3. Add 0.3m reserve at the west end of proposed Courtney Street.
FINAL PLAN REQUIREMENTS
1. The Owner shall dedicate the road allowances included in this draft plan as
public highways on the final plan.
2. 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.
3. The Owner shall prepare an Environmental Sustainability Plan, prior to final
approval, for approval by the Director of Planning Services and the Director of
Engineering Services. This plan must be approved by the Municipality of
Clarington, and shall identify specific measures on how development in Plan S-C-
2011-0001, 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
S-C-201 1-0001 —April 4, 2012 Page 1 of 9
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; and
iv) The preparation of a community education hand-book on the
environmentally sensitive areas in the neighbourhood.
4. The Owner 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 be
prepared by a qualified landscape architect and shall be consistent with the
approved plan prepared by the Owner of the Plan of Subdivision 40M-2341 and
40M-2363. 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 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.
5. The Owner shall agree in the Municipality of Clarington subdivision agreement to
implement the recommended noise control measures of the report entitled "Noise
Impact Study" prepared by D.G. Biddle and Associates Limited, dated June 2011
which specifies noise attenuation measures for the development. 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.
6. 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.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
7. The Owner agrees that lands within the limits of the draft plan must be graded to
accommodate the future urban road profile for Concession Road 3. This includes
future sidewalk location without any modification to grades or ditching, all to the
satisfaction of the Director of Engineering Services.
8. The Owner shall submit plans showing the proposed phasing to the Region and
the Municipality of Clarington for review and approval if this subdivision is to be
developed by more than one registration. The Municipality shall require the
preparation of a subdivision agreement for each phase of development.
S-C-201 1-0001 —April 4, 2012 Page 2 of 9
9. 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.
10. 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. Further, the Owner agrees that until such time as the
necessary lands are acquired to complete Blocks 14-24, these lands shall be
graded and seeded.
11. 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
12. All land dedications, easements, sight triangles, road widening 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.
13. The Owner shall convey a 5.18 metre road widening across the entire frontage to
the Municipality of Clarington for the purpose of widening Concession Road 3.
14. The Owner shall convey a 7.0 metre x 14.0 metre sight triangle at the intersection
and corners of Gimblett Street and Concession Road 3 to the Municipality of
Clarington.
15. The Owner shall convey the 0.3 metre reserve shown as Blocks 26 and 27 on the
draft plan, to the Municipality of Clarington.
16. 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.
17. The Owner is 100% responsible for the removal of any adjacent temporary cul-
de-sacs adjacent to this development and to restore the area(s) to the municipal
urban standard. Restoration may include, but is not limited to removals,
installation of curb, gutter, sidewalk streetlight relocation, boulevard restoration,
all to the satisfaction of the Director of Engineering Services.
18. All 0.3m reserves within adjacent plans and within Gimblett Street and Courtney
Street road allowances shall be removed at the time of registration of the plan.
S-C-201 1-0001 —April 4, 2012 Page 3 of 9
19. Subject to the approval of the Municipal Solicitor and the Director of Engineering
Services, the Owner shall, as a beneficiary of downstream oversized works,
reimburse the front ending developers for an appropriate share of the cost of the
downstream oversized works in accordance with the provisions of the front
ending agreement.
20. The Owner shall make a cash-in-lieu payment to the Municipality of Clarington
for park or other public recreational purposes in accordance with the provisions
of Section 42 of the Planning Act.
21. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities.
22. The Owner shall submit a geotechnical soils analysis to the Municipality of
Clarington for approval.
23. The Owner shall provide and install sidewalks, street lights, temporary turning
circles etc., as per the Municipality's standards and criteria.
24. The Owner shall cause all utilities, including hydro, telephone, Cable TV, etc., to
be buried underground.
25. 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.
26. 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.
27. 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 all
water mains and hydrants shall be fully serviced. 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.
28. 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.
29. 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
S-C-201 1-0001 —April 4, 2012 Page 4 of 9
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.
30. 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.
31. The Owner agrees that where the well or private water supply of any person is
interfered with as a result of the subdivision, the Owner shall at his expense,
either connect the affected party to municipal water supply system or provide a
new well or private water system so that water supplied to the affected party shall
be of a quality and quantity at least equal to the quality and quantity of water
enjoyed by the affected party prior to the interference.
32. 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.
33. 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.
34. 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.
35. The Owner is required to submit a signed Record of Site Condition (RSC) to the
Regional Municipality of Durham, the Municipality of Clarington and the Ministry
of Environment (MOE). This RSC must be to the satisfaction of the Region,
including an Acknowledgement of Receipt of the RSC by the MOE.
36. The Owner shall engage a qualified professional to carry out to the satisfaction of
the Ministry of Citizenship, Culture and Recreation, an archaeological
assessment of the entire 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.
37. 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
S-C-201 1-0001 — April 4, 2012 Page 5 of 9
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 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 taken; and
c) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with the
provincial guidelines. The report must outline all actions to be taken to prevent
an increase in the concentration of solids in any water body as a result of on-
site or other related works, to comply with the Canada Fisheries Act;
38. 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.
39. 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.
40. 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.
41. 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.
42. 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.
S-C-201 1-0001 — April 4, 2012 Page 6 of 9
43. 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.
44. The Owner is hereby advised that prior to commencing any work within the Plan,
the Owner must confirm that sufficient wire-line communication
telecommunication infrastructure is currently available within the proposed
development to provide communication/telecommunication service to the
proposed development. In the event that such infrastructure is not available, the
Owner is hereby advised that 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 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).
45. The Owner shall agree in the Agreement, to grant the telecommunication
provider any easements that may be required for telecommunication services
subject to approval of the Director of Engineering 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.
46. The Owner agrees to coordinate the preparation of an overall utility distribution
plan to the satisfaction of all effected authorities.
47. 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, to the satisfaction of natural gas provider.
48. The Owner shall ensure that all natural gas distribution systems are installed
within the proposed road allowances.
49. The subdivision agreement between the Owner and the Municipality of
Clarington shall contain, among other matters, the following provisions:
S-C-201 1-0001 — April 4, 2012 Page 7 of 9
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 to fulfill the requirements of the Master Drainage Study
as they apply to this site to the satisfaction of the Central Lake Ontario
Conservation Authority.
c) The Owner agrees to carry out the works referred to in Condition 37 and
Condition 38 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 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.
g) The Owner agrees to implement those noise control measures
recommended in the Noise Report required in Condition 6 including any
warning clauses within all applicable agreements of purchase and sale
between the Developer and prospective home buyers.
50. 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 37-38 have been
satisfied; and
b) Durham Regional Planning Department, how Conditions 5, 8, 40-43 have been
satisfied.
S-C-201 1-0001 —April 4, 2012 Page 8 of 9
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within four (4) years of the draft approval
date, and no extensions have been granted, draft approval shall lapse and the
file shall be CLOSED. Extensions may be granted provided valid reason is given
and is submitted to the Director of Planning Services for the Municipality of
Clarington well in advance of the lapsing date.
2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to
final approval. The Planning Act provides that draft approval, may be withdrawn
at any time prior to final approval.
3. All plans of subdivision must be registered in the Land Titles system within the
Regional Municipality of Durham.
4. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies
in order to facilitate their clearance of conditions for final approval of this plan.
The addresses and telephone numbers of these agencies are:
a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario, LIH 3T3, (905) 579-0411.
b) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box
623, Whitby, Ontario, L1 N 6A3, (905) 668-7721.
S-C-201 1-0001 — April 4, 2012 Page 9 of 9
Attachment 4
To Report PSD-030-12
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2012-
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 ZBA 2011-0024;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 13.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE TWO
(R2) ZONE" is hereby amended by adding thereto, the following new Special
Exceptions 13.4.77:
13.4.77 URBAN RESIDENTIAL EXCEPTION (R2-77)ZONE
Notwithstanding Sections 13.2 a), b), c)i), c) ii), c)iii), e), g), and h),
those lands zoned R2-77 shall be subject to the following zone
provisions:
a. Lot area (minimum)
i) single detached dwelling with a minimum lot frontage of 10 metres
300 square metres
ii) single detached dwelling with a minimum lot frontage of 12 metres
360 square metres
b. Lot frontage(minimum)
I) single detached dwelling 10 metres
ii) single detached dwelling 12 metres
C. Yard Requirements (minimum)
I) Front Yard 6.0 metres to
private garage or carport
4.0 metres to dwelling
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport
4.0 metres to dwelling
2.0 metres to porch
iii) Interior Side Yard With private garage or carport
1.2 m on one side,
0.6 m on the other side;
Without private garage or carport
3.0 m on one side,
0.6 m on the other side
d. Lot coverage (maximum)
i) One Storey
a) Dwelling 50 percent
b) Total of all buildings and structures 55 percent
ii) All other Residential Units
a) Dwelling 40 percent
b) Total of all buildings and structures 45 percent
e. Height(maximum):
i) 1 Storey 8.5 metres
ii) All other residential 10.5 metres
f. Garage Requirements:
i) All garage doors shall not be located any closer to the street line
that the dwelling front wall or exterior side wall or covered porch
projection, except that a maximum of 50%of the lots within the R2-
77 Zone may have garage doors project to a maximum of 1.25
metres from the dwelling's front wall or exterior side wall or covered
porch
ii) The outside width of the garage shall be a maximum of 40%of
the width of the lot, except in the case of a lot having a minimum lot
frontage of 12 metres where the outside width of the garage shall
be a maximum of 6 metres."
2. Schedule "3" 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)Zone";
"Agricultural (A) Zone" to "Holding — Urban Residential Exception ((H)R1-59)
Zone";
"Agricultural (A) Zone" to "Holding — Urban Residential Exception ((H)R2-35B)
Zone"; and,
"Agricultural (A) Zone" to "Holding — Urban Residential Exception ((H)R2-77)
Zone'
as illustrated on the attached Schedule"A"hereto.
3. Schedule"A"attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 and Section 36 of the Planning Act.
BY-LAW passed in open session this 18th day of June, 2012,
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 012® ,
passed this day of , 2012 A.D.
CONCESSION ROAD 3
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Zoning Change From"A"To"(H)R2"
® Zoning Change From"A"To"(H)R2-35B"
® Zoning Change From"A"To"(H)R2-77"
Zoning Change From"A"To"(H)R1-59"
Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk
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BOWMANVILLE y l0N MRTN SCHEDULE3