HomeMy WebLinkAboutPSD-037-12 C N
laritwil REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 10, 2012 Resolution#: 1° --I By-law#: -�O1 -0
Report#: PSD-037-12 File#: S-C 2012-0002 & ZBA 2012-0010
Subject: APPLICATIONS FOR A DRAFT PLAN OF SUBDIVISION AND
ZONING BY-LAW AMENDMENT
APPLICANT: 1494339 ONTARIO LTD. AND MARIA J. WILLIAMS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-037-12 be received;
2. THAT the application for a Draft Plan of Subdivision S-C 2012-0002 submitted by D.G.
Biddle & Associates, on behalf of 1494339 Ontario Ltd. and Maria J. Williams, be
supported subject to conditions as contained in Attachment 3;
3. THAT the application to amend Zoning By-law 84-63 to facilitate the draft approval of
the above plan of subdivision be approved and that the Zoning By-law Amendment
contained in Attachment 4 be passed;
4. THAT a copy of this Report and Council's decision 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-037-12 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Franklin Wu
Director, Planning Services Chief Administrative Officer
BR/CP/df
28 August 2012
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-037-12 PAGE 2
1. APPLICATION DETAILS
1.1 Applicant/Owner: 1494339 Ontario Ltd. (Michael Foley) and Maria J. Williams
1.2 Agent: D.G. Biddle & Associates Limited
1.3 Proposal: To permit two blocks of street townhouses, each block
having 5 units, total of 10 units, fronting on the east side of
McMann Crescent
1.4 Area: Two abutting properties totalling 0.2425 hectares (0.599
acres)
1.5 Location: Part Lot 31, Concession 2, former Township of Darlington,
1635 Durham Highway 2 and Block 20 in Plan 40M-1744 (west of
southwest corner of Durham Highway 2 and Trulls Road) Courtice
(see Attachment 1)
2. BACKGROUND
2.1 The proposal is for a 10 unit street townhouse development consisting of two blocks of
five units each. On May 11, 2012, the applicant submitted applications for Draft Plan of
Subdivision and Zoning By-law Amendment.
2.2 The subdivision proposal is infill development, completing the last part of the Courtice
Mills Subdivision (18T-90035 and 40M-1744) on the east of McMann Crescent.
2.3 The following studies were submitted in support of the proposal:
• Functional Servicing Report & Stormwater Management Brief;
• Noise Impact Study;
• Soil Probe Ltd. Site Investigation;
• Energy Conservation & Sustainability Plan;
• Site Screening Questionnaire; and
• Parking Plan.
2.3.1 The Functional Servicing Report & Stormwater Management Brief notes the western
portion of the development site was included in the design of the Courtice Mills
Subdivision (18T-90035). This design envisioned two blocks of townhouses with 6 units
each. Grading and municipal services were provided for the 12 units. The proposed
draft plan has 5 units in each block for a total of 10 and therefore, the existing
infrastructure has the capacity to serve the plan. The two extra sets of servicing
connections will be removed with the construction of the subdivision.
The minor storm sewer system connects to the existing system at the
Sand ringham/Bushford intersection and then to the White Cliffe Stormwater
Management Pond, and finally to Farewell Creek. The major storm overland flow
REPORT NO.: PSD-037-12 PAGE 3
system runs to the southeast to a tributary of the Robinson Creek and then to the
quantity control facility at Meadowglade Road. Sediment control techniques will be
used with subdivision construction.
2.3.2 The Noise Impact Study for the proposed subdivision reviewed noise issues and
mitigation for traffic noise from Durham Highway 2 and Trulls Road. The recommended
mitigation for the noise issues includes:
• The most northerly townhouse in Block 1 requires a 2.1 metre acoustic fence
around the rear yard, and mandatory air conditioning;
• Provision for optional central air conditioning for all of the other townhouse units;
• A 1.8 metre acoustic fence around the rear yards of the second and third most
northerly townhouse units in Block 1;
• Various warning clauses for all the purchase and sale agreements; and
• Once townhouse unit floor plans are available building components must be re-
examined to ensure compliance with Ministry of the Environment indoor noise
level limits.
2.3.3 The Soil Probe Ltd. Site Investigation looked at subsoil and groundwater conditions to
ascertain design and construction approaches for the proposed subdivision and
determined that conventional construction methods for services and foundation is
possible.
2.3.4 Through the Energy Conservation and Sustainability Plan the developer has committed
to using locally supplied material and subcontractors to reduce vehicle travel. Also
noted, the 2012 Ontario Building Code ensures increased energy efficiency for homes,
and insulation values have been increased. Both high-efficiency heating systems and
Energy Star appliances are to be installed. To reduce demand on municipal water, low
flush toilets and shower heads are to be installed. Accurate take-off measurements
should minimize building materials waste and any waste left is to go into separated
materials recycling disposal containers.
2.3.5 The completed Site Screening Questionnaire, stamped by a Professional Engineer,
showed no basis for possible contamination of the site.
2.3.6 The Parking Plan showed that there was enough on-street parking for the 10 unit
subdivision proposal, a position accepted by Engineering Services.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject lands front on the east side of McMann Crescent and are also adjacent to
the south side of Durham Highway 2. The land is generally flat and currently there is
one detached dwelling and accessory buildings accessed from Durham Highway 2. All
buildings are proposed to be demolished should the proposed development be
approved.
REPORT NO.: PSD-037-12 PAGE 4
3.2 The surrounding uses are as follows:
North - Durham Highway 2 and beyond, detached dwellings
South - Detached and semi-detached dwellings and
townhouses
East - Convenience Store and detached dwellings
West - McMann Crescent and beyond, townhouses and
semi-detached dwellings
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 application is
consistent with the PPS.
4.2 Growth Plan for the Greater Golden Horseshoe (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 property is within the built boundary. The
Growth Plan principles are supportive of the subject applications.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject lands as "Living Area".
According to Regional Official Plan Amendment 128 the property is also within the
Courtice Durham Highway 2 Regional Corridor. The proposed street townhouses meet
the Corridors Policy for uses at higher densities that promote public transit ridership.
The proposed development conforms to the Durham Regional Official Plan and
Regional Official Plan Amendment 128.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands as "Urban Residential" within
"Special Policy Area F". The proposed development conforms to policies of the Urban
Residential designation and Special Policy Area F. The relatively higher density of the
street townhouses supports the Regional Transit Spine on adjacent Durham Highway 2.
The street townhouses proposed are sited opposite street townhouses. Following the
Preconsultation meeting in January 2012, an On-street Parking Plan was submitted to
address the policies of the Official Plan which do not permit townhouses opposite
townhouses on a street unless adequate on-street parking can be provided. After some
revisions, the parking plan was accepted by Clarington Engineering Services in March.
REPORT NO.: PSD-037-12 PAGE 5
6. ZONING BY-LAW
6.1 Within Zoning By-law 84-63, as amended, the subject lands are zoned "Urban
Residential Type One (R1)" and "Holding - Urban Residential ((H)R1)". The proposed
use does not conform and hence, the rezoning application.
7. PUBLIC SUBMISSIONS
7.1 In response to the public notice, one resident expressed concern with traffic and parking
increases on McMann Crescent. As noted above, Clarington Engineering Services has
reviewed and accepted the on-street parking plan. Since the approval of the surrounding
Courtice Mill Subdivision the site was intended to be developed with street townhouses,
even being stubbed for municipal services for 12 townhouses. Due to parking and
related traffic concerns, the number of townhouses proposed was reduced from 12 to 10.
8. AGENCY COMMENTS
8.1 Regional Planning notes the required Durham Highway 2 road widening is shown and
the plan of subdivision conforms to the Regional Official Plan. The noise study is
acceptable and its recommendations are to be included in the plan of subdivision
agreement. Water supply and sanitary sewer servicing are available on McMann
Crescent. The two unused water service and sanitary sewer connections are to be
disconnected at the developer's expense. Conditions of draft approval were provided.
8.2 Central Lake Ontario Conservation Authority has no objections to the rezoning, or to the
proposed plan of subdivision. Minor adjustments to grading, and erosion and sediment
controls can be dealt with in the detailed design, and through conditions of draft
approval, which were provided.
8.3 Hydro One Networks Inc. notes a transformer and pad are needed, and possibly, the
extension of services across the existing road, in order to serve the proposed
townhouse units.
8.4 Rogers Communications, Bell Canada and Enbridge Gas Distribution have provided
standard utilities comments.
9. DEPARTMENTAL COMMENTS
9.1 Engineering Services commented that McMann Crescent and other nearby streets can
accommodate the ten townhouses with respect to traffic and on-street parking. For
stormwater management, provision was made in the original Courtice Mill Management
Plan. The preliminary grading plan meets the intent of the Management Plan with only
minor changes required.
REPORT NO.: PSD-037-12 PAGE 6
9.2 Emergency Services Department and Operations Department have no objection.
10. DISCUSSION
10.1 The proposed plan of subdivision is consistent with the Emily Stowe Neighbourhood
Design Plan in terms of both medium density housing form and the melding of the
development potential of the 1635 Durham Highway 2 property with the abutting vacant
block in the registered plan to the west. Neighbourhood Design Plans are detailed and
comprehensive and have thematic plans for consideration of land use, phasing, water
distribution, sanitary sewer collection, storm drainage, open space and public facilities,
roads, sidewalks, trails and transit. The subdivision complies with the neighbourhood
design concept.
10.2 The proposed plan of subdivision implements the Medium Density Residential Land Use
designation proposed in the draft Courtice Main Street Secondary Plan. At the same
time, the number of units have been decreased to 10 from the 12 originally
contemplated when McMann was constructed and serviced in order to address on-
street parking.
10.3 As noted in Section 2 of Report PSD-037-12, all of the background documentation
(servicing, stormwater, noise, soils, sustainability, contamination questionnaire, and on-
street parking plan) supports approval of the proposed plan of subdivision. These
documents have been reviewed and are acceptable.
10.4 As of the preparation of this report, the Finance Department advises there are no taxes
owing on the subject lands.
11. CONCURRENCE
11.1 This report has been reviewed by the Director of Engineering Services who concurs
with the recommendations.
12. CONCLUSION
12.1 In consideration of the comments received from the circulated agencies, staff support
the draft approval of the proposed plan of subdivision as contained in Attachment 2,
subject to the Conditions of Draft Approval contained in Attachment 3, and the Zoning
By-law Amendment as contained in Attachment 4 implementing the proposed plan of
subdivision.
REPORT NO.: PSD-037-12 PAGE 7
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
Attachments:
Attachment 1 - Property Location Map & Proposed Draft Plan of Subdivision
Attachment 2 - Proposed Draft Plan of Subdivision
Attachment 3 - Conditions of Draft Approval
Attachment 4 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
D.G. Biddle & Associates Limited
Durham Regional Planning Department
Adam Hawthorne
Helen Follett
Cynthia Cordova
Attachment 1
To Report PSD-037-12
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Attachment 3
To Report PSD-037-12
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CONDITIONS OF DRAFT APPROVAL
FILE NO.: S-C-2012-0002
DATE: AUGUST 27, 2012
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-2012-0002 prepared by D.G. Biddle & Associates Limited,
identified as job number 111108, dated April 26, 2012, which illustrates: two
blocks for 10 on-street townhouses, a block for a 4.832 Durham Highway 2 road
widening, and a block for a 0.3 metre reserve.
FINAL PLAN REQUIREMENTS
2. The Owner shall dedicate to the Municipality of Clarington a 0.3 metre reserve
between the townhouses and the road widening.
3. The Owner shall convey to the Region of Durham a sufficient road widening for
Durham Highway 2 to provide for a minimum of 18 metres from the centreline of
the highway, free and clear of all encumbrances.
4. 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.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
5. The Owner shall obtain municipal approval of the zoning for the land uses shown
on the approved draft plan in accordance with the provisions of the Planning Act.
6. The Owner shall 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.
CONDITIONS OF DRAFT APPROVAL:S-C-2012-0002 PAGE 1
7. The Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Engineering Services for review
and approval. All plans and drawings must conform to the Municipality's Design
Criteria as amended from time to time.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
8. The Owner shall remove all existing buildings and other structures that do not
comply with Zoning By-law requirements prior to commencement of construction
of the plan of subdivision.
9. The Owner shall agree in the Municipality of Clarington subdivision agreement to
implement the recommendations of the report "Noise Impact Study for Proposed
10 Unit Townhouse Development, Part of Lot 31, Concession 2, and all of Block
20, Plan 40M-1744, Municipality of Clarington, Regional Municipality of Durham"
prepared by D.G. Biddle & Associates Limited, dated April 2012, which specifies
noise attenuation measures for the development. The 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. The
Owner shall provide the Region with a copy of the subdivision agreement
containing such provisions prior to final approval of the plan.
10. All land dedications, easements, sight triangles and reserves as required by the
Municipality of Clarington for this development must be granted to the
Municipality of Clarington free and clear of all encumbrances and in a form
satisfactory to the Municipality's solicitor.
11. The Owner shall convey a 0.3 metre reserve across the entire Durham Highway
2 frontage of the draft plan to the Municipality of Clarington.
12. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities.
13. The Owner shall provide a payment to the Municipality of Clarington in lieu of a
parkland dedication in accordance with Section 42 of the Planning Act.
14. The Owner shall agree to provide and install sidewalks, street lights, temporary
turning circles etc., as per the Municipality's standards and criteria.
15. The Owner shall agree to cause all utilities, including hydro, telephone, Cable TV,
etc., to be buried underground.
16. The Builder shall agree to 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.
CONDITIONS OF DRAFT APPROVAL:S-C-2012-0002 PAGE 2
17. Prior to the final lot grading plan, a tree preservation plan is to be prepared to the
satisfaction of the Director of Planning Services and the Director of Engineering
Services, for the trees and hedgerows, including the hedgerow near the eastern
property line at the rear lot line of the property municipally addressed as 2796
Trulls Road.
18. 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.
19. 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.
20. 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.
21. 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.
22. The Owner shall provide the Municipality, at the time of execution of the
subdivision agreement unconditional and irrevocable, Letters of Credit
acceptable to the Municipality's Treasurer, with respect to Performance
Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees
or deposit as may be required by the Municipality.
23. The Owner shall pay to the Municipality, the development charge in accordance
to the Development Charge By-law as amended from time to time, as well as
payment of a portion of front end changes pursuant to the Development Charge
Act if any are required to be paid by the Owner.
24. The Owner supply on disk, in a CAD format acceptable to the Municipality a copy
of the proposed Plan of Subdivision as Draft Approved and each 40M Plan
proposed for registration.
CONDITIONS OF DRAFT APPROVAL:S-C-2012-0002 PAGE 3
i
CONSERVATION AUTHORITY
25. Prior to any on-site grading or construction or final approval of the plan, the
Owner shall submit to and obtain approval from 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
current 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
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 related works, to comply with the Canada Fisheries Act.
26. The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing Fees and
Technical Review Fees owing as per the approved Authority Fee Schedule.
27. The subdivision agreement between the Owner and the Municipality of Clarington
shall contain, among other matters, the following provisions:
a) the Owner agrees to carry out the works referred to in Condition 25 and 26 to
the satisfaction of the Central Lake Ontario Conservation Authority;
b) the Owner agrees to maintain all stormwater and 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; and
c) the Owner agrees to advise the Central Lake Ontario Conservation Authority
48 hours prior to the commencement of grading or initiation of any on-site
works.
28. A copy of the fully executed subdivision agreement between the Municipality of
Clarington and the Owner, sent to the Central Lake Ontario Conservation
Authority, is required to expedite the clearance of Condition 27.
CONDITIONS OF DRAFT APPROVAL:S-C-2012-0002 PAGE 4
SERVICING
29. Prior to entering into a subdivision agreement, the Regional Municipality of
Durham shall be satisfied that adequate water pollution control plant and water
supply capacities are available to the proposed subdivision.
30. 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.
31. 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.
32. 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.
33. 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.
TELECOMMUNICATIONS
34. Prior to registration of the plan of subdivision, the Owner will, in consultation with
the applicable utilities and communications service providers, prepare an overall
utility distribution plan that shows the locations of all utility infrastructure for the
plan of subdivision, as well as the timing and phasing of installation.
GENERAL AGREEMENT REQUIREMENTS
35. The subdivision agreement between the Owner and the Municipality of
Clarington shall contain, among other matters, the following provisions:
CONDITIONS OF DRAFT APPROVAL:S-C-2012-0002 PAGE 5
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 Clarington Engineering
Services Department and the Central Lake Ontario Conservation
Authority.
c) The Owner agrees to carry out the works referred to in Conditions 25, 26,
27 and 28 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 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 Durham Highway 2 and Trulls
Road 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 above-mentioned highway and road may
occasionally interfere with some activities of the dwelling
occupants."
iii) "Purchasers and tenants are notified that fencing and other noise
attenuation measures are not to be tampered with or altered and
further that the Owner shall have the sole responsibility for and shall
maintain these measures."
g) The Owner agrees to strictly adhere to the site servicing plan titled"McMann
Crescent From STA 0+400 to STA 0=550 (Drawing C-1)" as submitted by
D.G. Biddle & Associates Limited, in support of Draft Plan of Subdivision S-
C-2012-0002.
h) The Owner agrees to implement those noise control measures
recommended in the Noise Report required in Condition 9.
CONDITIONS OF DRAFT APPROVAL:S-C-2012-0002 PAGE 6
36. Prior to final approval of this plan for registration, the Director of Planning
Services for the Municipality of Clarington shall be advised in writing by:
a) Durham Region Planning and Economic Development Department, how
Conditions 1, 3, 4, 12, 29, 31, 32 and 33 have been satisfied; and
b) Central Lake Ontario Conservation Authority how Conditions 25, 26, 27, and
28 have been satisfied.
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three years of the draft approval
date, and no extensions have been granted, draft approval shall lapse and the
file shall be CLOSED. Extensions may be granted provided valid reason is given
and is submitted to the Director of Planning Services for the Municipality of
Clarington well in advance of the lapsing date.
2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to
final approval. The Planning Act provides that draft approval, may be withdrawn
at any time prior to final approval.
3. All plans of subdivision must be registered in the Land Titles system within the
Regional Municipality of Durham.
4. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies
in order to facilitate their clearance of conditions for final approval of this plan.
The addresses and telephone numbers of these agencies are:
a) Durham Region Planning and Economic Development Department, 605
Rossland Road East, 4th Floor, P. O. Box 623, Whitby, Ontario, UN 6A3
(905) 668-7711.
b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario, LIH 3T3 (905) 579-0411.
CONDITIONS OF DRAFT APPROVAL:S-C-2012-0002 PAGE 7
Attachment 4
To Report PSD-037-12
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 2012-0010;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "14" URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby
amended by introducing new subsection 14.6.47 URBAN RESIDENTIAL
EXCEPTION (R3-47)ZONE as follows:
"14.6.47 URBAN RESIDENTIAL EXCEPTION (R3-47)ZONE
Notwithstanding Sections 14.2 c. i), ii) and iii) those lands zoned R3-47 on the
Schedules to this By-law shall be subject to the following zone regulation:
Frontage(minimum) 7.0 metres
Front and Exterior Side Yard Setback(minimum)
6.0 metres to private garage or carport;
4.0 metres to dwelling; and 2.0 metres to porch
Interior Side Yard Setback(minimum)
1.2 metres, nil where a building has a
common wall with any building on an adjacent
lot located in the same zone"
2. Schedule 4 to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Urban Residential (R1) Zone" to "Urban Residential Exception (R3-47) Zone";
and
"Holding-Urban Residential ((H)R1) Zone" to "Urban Residential Exception (R3-
47)Zone"
as illustrated on the attached Schedule"A"hereto.
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 passed in open session this day of 2012.
III
Adrian Foster, Mayor
I
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2012- ,
passed this day of , 2012 A.D.
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Zoning Change From"RV To"R3-47"
® Zoning Change From"(H)R1"To"R3-47"
Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk
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