HomeMy WebLinkAboutPSD-014-04
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REPORT
PLANNING SERVICES
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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C-PA - OS5 -o'f
Monday, January 26, 2004
Report #:
PSD-014-04
File #: S-C-2000-001 By-law #:
ZBA 2000-024
REZONING AND PLAN OF SUBDIVISION TO PERMIT A 39 UNIT RESIDENTIAL
DEVELOPMENT
KIRADAAR (ONT.) INC. AND 1151677 ONTARIO LIMITED (KIRADAAR)
Part Lot 29, Concession 2, Village of Newcastle
Subject:
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-014-04 be received;
2, THAT the Ontario Municipal Board be requested to approve the proposed Draft Plan of
Subdivision S-C-2000-001 as amended and submitted by Gregory p, DeFreitas Engineering on
behalf of Kiradaar (Ont) lnc, and 1151677 Ontario limited (Kiradaar) subject to the conditions of
draft plan approval contained in Attachment 3 of this Report;
3. THAT the Ontario Municipal Board be requested to enact the zoning by-law amendment for the
subject lands as contained in Attachment 4 to this Report;
4, THAT the Mayor and Clerk be authorized, by by-law, to execute a subdivision agreement
between the Owner and the Municipality of Clarington to the satisfaction of the Director of
Planning Services and the Director of Engineering Services;
5, THAT a by-law to remove the "Holding (H)" symbol be forwarded to Council once the applicant
has entered into a subdivision agreement with the Municipality;
6, THAT the Solicitor and staff be authorized to appear before the Ontario Municipal Board in
support of Recommendations 2 and 3;
7, THAT a copy of this Report and Council's decision be forwarded to the Region of Durham
Planning Department: and
8, THAT all interested parties listed in this Report and any delegations be advised of Council's
decision,
Submitted by:
Reviewed by:
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"Franklin Wu,
Chief Administrative Officer
av ,Crome, MCIP, RP,P,
Direc or of Planning Services
BRlL T/DJC/ld
January 20, 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830
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REPORT NO.: PSD-014-04
PAGE 2
1.0 APPLICATION DETAILS
1 .1 Owner:
Kiradaar (Ont.) Inc. and 1151677 Ontario Limited
(Kiradaar)
1.2 Applicant/Agent:
Gregory P. DeFreitas Engineering
1,3 Rezoning:
from "Holding - Urban Residential Type Two ((H)R2)
Zone", "Holding - Urban Residential Type One ((H)R1)
Zone" and "Urban Residential Type One (R 1) Zone" to
"Holding - Urban Residential Type Three ((H)R3)
Zone", "Holding - Urban Residential Type Two ((H)R2)
Zone" and "Holding - Urban Residential Type One
((H)R1) Zone" in order to permit the development of the
proposed draft plan of subdivision.
1.4 Proposed Draft Plan of Subdivision:
To permit the development of a 39 unit plan of
subdivision consisting of 29 single detached dwellings,
4 semi-detached dwellings, and 6 townhouses.
1.5 Area:
2.324 hectares (5.743 acres)
1.6 Location:
The area subject to the proposal is located in Part Lot
29, Concession 2, former Village of Newcastle (see
Attachments 1 and 2). The property does not currently
have a municipal address although it has 20 metres (66
foot) frontage on Given Road, near the intersection of
Given Road and King Avenue West.
2.0 BACKGROUND
2.1 In September 2000, Kiradaar (Ont.) Inc. and 1151677 Ontario Limited (Kiradaar)
submitted applications for a draft plan of subdivision and a related zoning by-law
amendment.
2.2 The subject property is located in the Foster Neighbourhood within the Newcastle
Village Urban Area. The Foster Neighbourhood extends from Highway 401 on the
south to Highway 35/115 and the St. Lawrence & Hudson Railway on the north,
Foster Creek on the east to Wilmot Creek on the west. A Neighbourhood Design
Plan covering the northeastern portion of the neighbourhood has been approved
(see Attachment 2).
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REPORT NO.: PSD-014.04
PAGE 3
2.3 The subject lands are surrounded on three sides by a larger proposed plan of
subdivision (18T-89059) submitted by Foster Creek Developments Ltd. and Robert
J, Stephenson (Foster Creek Development Group). The Foster Creek Development
Group and the applicant collaborated in the completion of a Sub-watershed Study
for Foster Creek, the Neighbourhood Design Plan, and an Environmental Impact
Study. The latter study assessed the impact of the two draft plans of subdivision on
the natural features in the vicinity including the Foster Creek Valley. The Phase 1
Environmental Site Assessment for the subject property indicated the
environmental conditions were considered to be satisfactory and no significant
environmental problems are likely to be present.
2.4 A public meeting for the rezoning and plan of subdivision was held on December
11, 2000. Two nearby property owners spoke of concerns with various aspects of
the subdivision proposal. One stated townhouses were not compatible with the
existing neighbourhood and would negatively impact traffic flows.
No one spoke in support of the applications.
The agent at that time for the applicants, G.M. Sernas & Associates, advised the
residents' comments will be taken into consideration and that the applicants will
adhere to the municipal requirements.
2,5 In late June 2003, the owner/applicants appealed to the Ontario Municipal Board
both their plan of subdivision and rezoning applications on the basis that the
Municipality has refused or neglected to make a decision on the applications within
90 days of the receipt of the applications. The purpose of this report is to put
forward the Municipality's recommended position before the Ontario Municipal
Board.
2.6 There was an earlier related appeal of Amendment #30, which relocated a park and
public elementary school symbol from the south side to the north side of the future
collector road. Kiradaar Investments Corp. and 1151677 Ontario Inc. appealed the
Amendment for reasons unrelated to the actual amendment but more to the
Neighbourhood Design Plan.
2.7 On October 6, 2003, Council approved the applications by the Foster Creek
Development Group authorizing the Director of Planning Services to grant draft
approval to the proposed plan of subdivision 18T-89059 and enacting a related
zoning by-law amendment to implement the proposal. Draft approval cannot be
granted at this time due to the appeal of Official Plan Amendment #30.
2.8 Kiradaar appealed the enactment of the zoning on the lands owned by the Foster
Creek Development Group. Kiradaar intends to appeal the draft approval of the
plan of subdivision.
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REPORT NO.: PSD-014-o4
PAGE 4
2.9 The Foster Creek Development Group has attempted unsuccessfully to negotiate
satisfactory arrangements with Kiradaar regarding the cost sharing of infrastructure
and other matters regarding the two developments.
2.10 A pre-hearing conference of the Ontario Municipal Board on the appeals by
Kiradaar is scheduled for February 9, 2004.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is currently vacant and slopes down from west to east and
from north to south. It drains easterly into Foster Creek.
3.2 The surrounding land uses are as follows:
North:
the vacant lands of the eastern portion of the Foster North
Subdivision proposal
the subject property wraps around the Fosterbrooke Long-Term Care
Facility, a two building, 88 bed nursing home, and the subject
property abuts three detached dwellings on King Avenue West as
well as having frontage on approximately 20 metres of Given Road
the vacant lands of the south east corner of the Foster North
Subdivision proposal and the rear end of a property fronting on King
Avenue West
the vacant lands of the south central portion of the Foster North
Subdivision proposal
South:
East:
West:
4.0 OFFICIAL PLAN CONFORMITY
4.1 The Durham Regional Official Plan designates the subject property as Living Area
in the Newcastle Village Urban Area. The subject property is adjacent to the Major
Open Space System associated with the Foster Creek Valley lands. Since Living
Area is to be predominantly used for housing, the application generally conforms.
4.2 The Clarington Official Plan designates the subject property "Urban Residential"
being within the Foster Neighbourhood in the Newcastle Village Urban Area. There
is a medium density symbol at the eastem limits of the property. Urban Residential
lands are to be predominantly used for housing. The application conforms to the
policies in the Municipality's Official Plan.
The Foster Creek Valley lands are designated Environmental Protection Area and
in accordance with Section 4 of the Plan necessitate all adjacent development to
ensure their protection through the funding and implementation of an Environmental
Impact Study. An Environmental Impact Study and associated Sub-Watershed
Plan have been completed.
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REPORT NO.: PSD-014-04
PAGE 5
5.0 ZONING BY-LAW COMPLIANCE
5.1 Comprehensive Zoning By-law 84-63 of the former Town of Newcastle zones the
subject property in part "Holding - Urban Residential Type Two ((H)R2) Zone", in
part (southeast corner) "Holding - Urban Residential Type One ((H)R1) Zone" and
in part (southwest corner fronting on Given Road) "Urban Residential Type One
(R1) Zone".
5.2 The R2 Zone does not permit semi/link dwellings or townhouses and the R1 Zone
does not permit 12 metre frontage singles or townhouses, hence the need for
rezoning.
6.0 AGENCY COMMENTS
6.1 The application was circulated to various agencies and other departments by the
Planning Services Department. Comments and requested conditions of draft
approval received are as follows.
6.2 The Emergency and Fire Services Department had no tire safety concerns.
Enbridge Gas Distribution Inc. and the French-language public school board had no
objections.
6.3 Veridian Connections noted that except for the Given Road lot electric servicing
would be from the abutting Foster North Subdivision. Veridian Connections three
draft approval conditions are contained in Attachment 3.
6.4 The Kawartha Pine Ridge District School Board required sidewalks on all streets.
Otherwise, the board had no objections to the application.
6.5 The Peterborough Victoria Northumberland and Clarington Catholic District School
Board required sidewalks and the addition of stop lights and crossing guards at
appropriate intersections along King Avenue West to access St. Francis of Assisi
Elementary School on Rudell Road south of King Avenue West.
6.6 The Regional Planning Department noted that although the proposal generally
conformed to the Regional Official Plan some of the proposed lots were close
enough to Durham Highway 2/King Avenue West to warrant a noise report. Due to
the proposal's proximity to the Foster Creek Valley, an archaeological assessment
would also be required. The submission of a Phase 1 Environmental Site
Assessment was also noted. Municipal servicing is to come from the abutting
Foster North Subdivision. Appropriate draft approval conditions are contained in
Attachment 3.
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REPORT NO.: PSD-014-04
PAGE 6
6.7 The Ganaraska Region Conservation Authority has been involved in the Sub-
watershed Plan and Environmental Impact Study (E.I.S). The conditions of draft
approval (see Attachment 3) contain the necessary conditions to implement the
recommendations of the Sub-Watershed Plan and the E.I.S.
6.8 Clarington Engineering Services stated that all of their concerns have been
satisfactorily addressed to permit draft approval with the exception of lot grading. All
versions of the Preliminary Lot Grading Plan submitted to date do not conform to
the Neighbourhood Design Plan and therefore modifications are required including
the grading of the boulevard area on the south side of Street A adjacent to the
existing nursing home property. It is preferred that Kiradaar (Ont.) Inc. and 1151677
Ontario Limited (Kiradaar) obtain permission to complete grading works on the
nursing home property. Failing this, the Department would prefer that the boulevard
be graded at a more acceptable slope than that originally submitted, as opposed to
a retaining wall. A condition of draft approval, found in Attachment 3, is that the
owner agrees to provide a grading and drainage plan satisfactory to the Director of
Engineering Services. Attachment 3 also contains a number of other engineering-
related conditions of draft approval.
6.9 Bell Canada's comments are contained in three standard conditions of draft
approval: satisfactory provisions for underground Bell facilities; the granting to Bell
of any required easements for telecommunications services; and written
agreement with Bell Canada with the owner complying with any underground
servicing conditions imposed by the Municipality. It was noted that it was the
owner's responsibility to resolve conflicts with existing Bell facilities or easements
through relocation or some other rearrangement.
6,10 The Canada Post Corporation, French-language separate school board and the
Durham Regional Police Service did not submit any comments on the applications.
7.0 STAFF COMMENTS
7.1 The property is designated for Urban Residential uses and the requisite
background studies and Neighbourhood Design Plan have been completed. The
proposed plan of subdivision appropriately implements the Municipality's Official
Plan policies and the objectives for this portion of the Newcastle Village Urban Area
and the Foster Neighbourhood.
7.2 Density of Development has been a key issue with this proposal. The Kiradaar
subdivision application was originally for 47 units. This was unacceptably high
given the overall density for the neighbourhood is 10.5 units per hectare. A 2.324-
hectare subdivision site with a neighbourhood average density would contain
approximately 25 units. In the Neighbourhood Development Plan 37 dwelling units
are allocated to this subdivision. The presence of the medium density symbol at
the east edge of the property and appropriate transitional densities away from this
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REPORT NO.: PSD-014-o4
PAGE 7
symbol to the more typical low density of Newcastle Village is the basis for the 12
additional units. 39 dwelling units is the largest number of dwelling units Staff can
support.
7.3 The applicants voiced objections to the Neighbourhood Design Plan and earlier
versions of the plan of subdivision filed by the Foster Creek Development Group
with respect to the proposed reserves of land that would be located along the
eastern and westem boundaries of the Kiradaar lands. These reserves would
control access to the future public roads from proposed lots in the Kiradaar plan of
subdivision. Although both parties attempted to reach an agreement on cost-
sharing infrastructure extemal to the Kiradaar proposal, it is staffs understanding
that no agreement has been reached to date.
Regardless, the Foster Creek Development Group amended its plan of subdivision
application to adjust lot depths and eliminate the reserves originally shown. The
reserves are no longer an issue.
7.4 Kiradaar has indicated that portions of their lands are being "down-zoned". Portions
of their subject lands were zoned R1 allowing for 15 m single detached dwelling lots
or 18 m semi-detached dwelling lots (9 m each). The plan provides for rezoning to
R2 allowing 12 m single detached lots. This is not necessarily "down-zoning". It is
also a selective complaint. In other areas where townhouses are being approved,
the zoning is being changed to allow for a denser housing form.
7.5 The Neighbourhood Plan contemplated a land swap with the Fosterbrooke Long
Term Care Facility so as to create regular and more efficient lotting on the south
side of Street "A". Kiradaar was unwilling or unable to make arrangements with the
Long Term Care Facility for a land swap. It has been demonstrated that house
models can be located on the two triangular lots (27 and 28) without the necessity
of a minor variance. Accordingly, staff has no objection to lots 27 and 28 as
configured.
7.6 Clarington Finance advises $2,726.17 for taxes is owed for the subject lands.
8.0 CONCLUSION
8.1 The proposal has been reviewed in consideration of the comments received from
area residents, the circulated agencies, the Clarington Official Plan, Zoning By-law
84-63 and the Foster Neighbourhood Design Plan.
8.2 Based on the comments provided in this Report, it is respectfully recommended
that the Solicitor and staff be authorized to appear before the Ontario Municipal
Board in support of the conditions of draft approval contained in Attachment 3 and
the zoning by-law amendment contained in Attachment 4.
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REPORT NO.: PSD-014-o4
PAGE 8
Attachments:
Attachment 1 - Site Location Key Map and Plan of Subdivision
Attachment 2 - Neighbourhood Plan
Attachment 3 - Conditions of Draft Approval
Attachment 4 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Gregory P. DeFreitas Engineering
3100 Steeles Avenue West, Suite 500
Vaughan, ON L4K 4Y4
Mr. And Mrs. Schmahl
122 North Street
Newcastle, ON L 1 B 1 H7
Kiradaar (Ontario) Inc.
7 Director Court
Woodbridge, ON L4L 4S5
David and Pearl Rickard
80 Given Road
Newcastle, ON L 1B 1L9
Daniel and Margaret Maskell
320 King Avenue West
Newcastle, ON L1B 1GO
Bob Stephenson
Ministry of Finance
33 King Street West
Oshawa, ON L 1 H 8H5
Foster Creek Developments Ltd.
20 Robert Street West, Unit A
Newcastle, ON L 1 B 1 C6
Jordan Bryce
G.M. Semas & Associates Ltd.
Unit 41
110 Scotia Court
Whitby, ON L 1 N 8Y7
Doug McCurdy
304 King Avenue West
Newcastle, ON L1B 1GO
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ZBA 2000-024
Zoning By-law Amendment
S-C-2000-01
Draft Plan of Subdivision
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Owner: 1151677 Ontario Limited
Kiradaar (Ontario) Inc.
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ATTACHMENT 3
CONDITIONS OF DRAFT APPROVAL
DRAFT PLAN OF SUBDIVISION S-C-2000-01
1, That this approval applies to draft Plan of Subdivision S-C-2000-01 and the Owner
shall prepare the final plan on the basis of approved draft plan of subdivision S-C-
2000-01, prepared by Gregory P. DeFreitas Engineering identified as drawing
number DP-1 dated, as revised, November 25, 2003, which illustrates 29 single
detached dwellings, 4 semi-detached dwellings, a block for 6 townhouses and two
roadways.
2. That all streets within the Plan of Subdivision shall be dedicated as public highway
and shown as such on the final plan,
3, The Owner shall name road allowances included in this draft plan to the satisfaction
of the Regional Municipality of Durham and the Municipality of Clarington and the
named streets shall be shown on the final plan,
4, Prior to final approval, a subdivision agreement must be executed for the Foster
North Subdivision (18T-89059), or alternate servicing arrangements have been
made to the satisfaction of the Regional Municipality of Durham.
5. 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,
6, That 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.
7, That the Owner shall retain a qualified consultant to prepare and submit a Tree
Preservation Plan to the Municipality of Clarington, for review and approval, and
that, the Draft Plan of Subdivision S-C-2000-01 must have regard for the
recommendations in the Tree Preservation Plan, No trees shall be removed until
such time as this program has been approved except as authorized by the
Municipality.
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.
Conditions of Draft Approval S-C-2001-001
Page 1
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9. That any existing sanitary or water services within the plan which are proposed to
be relocated shall be maintained in full service until such time as the new services
have been completed and approved by the Region, and all costs incurred in
relocation and abandonment of these services shall be borne by the Owner.
10. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities.
11. The Owner shall apply to the Municipality of Clarington and obtain area municipal
approval of the zoning for the land uses shown on the approved draft plan in
accordance with the provisions of the Planning Act.
12. The Owner shall submit the following information to the Municipality of Clarington
for approval prior to registration:
i) a grading and control plan;
ii) a geotechnical soils analysis;and
jii) a siting and architectural design report and implementing site plans and
architectural drawings.
13. The Owner shall submit to the Regional Municipality of Durham for review and
approval, a noise report prepared by an acoustic engineer, based on projected
traffic volumes provided by the Region's Planning Department, recommending any
necessary noise attenuation measures. The Owner shall provide the Region with a
copy of the subdivision agreement containing such provisions prior to final approval
of the plan.
14. The Owner shall engage a qualified professional to carry out a cultural heritage
resource assessment of the subject property and mitigation and/or salvage
excavation of any significant heritage resources to the satisfaction of the Regulatory
and Operations Group of the Ministry of Culture. No grading or other soil
disturbance shall take place on the subject property prior to a letter of clearance
from the Regulatory and Operations Group of the Ministry of Culture.
15. 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.
Conditions of Draft Approval S-C-2001-001
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Page 2
16. 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.
17. That the Owner shall enter into a Subdivision Agreement with the Municipality and
agree to abide by all terms and conditions of the Municipality's standard subdivision
agreement, including, but not limited to, the requirements that follow.
18. The subdivision agreement between the Owner and the Municipality of Clarington
shall contain, among other matters the following provisions:
a) The Owner agrees to include provisions whereby all offers of purchase and
sale shall include information that satisfies Subsection 59(4) of the
Development Charges Act, 1997.
b) The Owner agrees to fulfil the requirements of the Master Drainage Study as
they apply to this site to the satisfaction of the Director of Engineering
Services.
c) 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 Ganaraska Region
Conservation Authority.
d) The Owner agrees to advise the Ganaraska Region Conservation Authority
48 hours prior to commencement of grading or the initiation of anyon-site
works.
e) That the Builder include a disclosure in all purchase and sale agreements
advising home buyers of municipal parking regulations, to the satisfaction of
the Director of Planning Services.
f) The Owner agrees to place the following in all agreements of purchase and
sale between the Developer and all prospective home buyers:
"Students from this area may have to attend existing
schools. Although a school site has been reserved within
an abutting plan of subdivision; a school may not be built
for some time, if at all, and then only if the Ministry of
Education authorizes funding and construction of this
required school."
g) The Owner agrees to post the standard approved "Notice to Parents:
identified in Condition 18 f) in all sales representation centres.
h) The Owner agrees to implement those noise control measures
recommended in the Noise Report required in Condition 13.
19. Development of this subdivision cannot proceed until such time as adjacent draft
plan of subdivision 18T-89059 has been approved and the works within 18T-89059
Conditions of Draft Approval S-C-2001-001
tJ~L
Page 3
draft plan have been constructed in a manner that will support development of the
subject lands. This shall include but not be limited to the following:
a) A road network that connects the subject development to Highway No.2
or to North Street. If the connection is made to Highway No.2, this shall
include construction of the collector street that runs north from the
intersection of Highway No. 2 and Massey Drive. If the connection is
made to North Street this shall include the construction of the Grady Drive
bridge connection and a functional road connection between North Street
and Street B within the subject neighbourhood.
b) Extension of all urban services including sanitary sewers, storm sewers,
watermains, utilities, sidewalks and street illumination. This shall include
works both internal and external to draft plan 18T-89059.
c) Construction of a Stormwater Management Facility proposed in the adjacent
development. The required SWM facility and the Block containing the facility
must be adequately sized to accommodate the needs of the entire
contributing area.
20. All utilities such as hydro, telephone and cable television within the streets of this
development must be installed underground for both primary and secondary
services.
21. Portions of Given Road may require upgrades or improvements in conjunction with
other developments. The necessary upgrades or improvements may include but
not be limited to pavement widening, reconstruction, storm sewers, urbanization,
sidewalks, illumination etc. Further discussion of this matter will be required.
22. A 4.0 metre road widening must be dedicated to the Municipality on Given Road.
23. The number of external accesses that are available to service this development
through the draft plan of subdivision to the north and west restrict the timing of this
draft plan. Development of any portion of the draft plan will require an appropriate
number of external road accesses to be constructed. The timing of the availability
of building permits in the subject development will be determined at the engineering
stage and shall be at the sole discretion of the Director of Engineering Services.
24. The storm water drainage works and facilities necessary for this development must
be constructed in accordance with the Foster Creek Subwatershed Planning Study,
dated September 2000, prepared by Gartner Lee and as finally approved by the
Director of Engineering Services.
25. The Owner agrees to provide a grading and drainage plan to the satisfaction of the
Director of Engineering Services. The Owner must modify the Grading Plan to
indicate the proposed entrance and driveway location for all comer lots. The
Conditions of Draft Approval S-C-2001-001
Page 4
b ~;
proposed entrances must conform to all current zoning requirements. Any future
dwellings constructed on corner lots within the subject draft plan must have
entrances, driveways and garages that are compatible with the required plan.
Kinked driveways will not be permitted. The final locations are subject to the
approval of the Director of Engineering Services prior to the approval of this draft
plan.
26. The Owner agrees to provide an erosion and sediment control plan to the
satisfaction of the Director of Engineering Services.
27. That all land dedications, easements, sight triangles and reserves as required by
the Municipality for this development must be granted to the Municipality free and
clear of all encumbrances and in a form satisfactory to the Municipality's Solicitor.
28. That all works and services must be designed and constructed in accordance with
the Municipality of Clarington Design Criteria and Standard Drawings, provisions of
the Municipality Development By-law and all applicable legislation and to the
satisfaction of the Director of Engineering Services.
29. That the Owner meets all the requirements of the Engineering Services
Department, financial or otherwise.
30. The Owner acknowledges and agrees that subject to the results and findings of all
required reports, studies and supplementary information, additional comments may
be applicable.
31. That the Owner shall pay to the Municipality at the time of execution of the
subdivision agreement, cash-in-lieu of parkland dedication for residential
development.
32. That 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 charges pursuant to the Development
Charge Act if any are required to be paid by the Owner.
33. That the Owner shall provide the Municipality, at the time of execution of the
subdivision agreement unconditional and irrevocable, Letters of Credit acceptable
to the Municipality's Treasurer, with respect to Performance Guarantee,
Maintenance Guarantee, Occupancy Deposit and other guarantees or deposits as
may be required by the Municipality.
34. 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
Conditions of Draft Approval S-C-2001-001
bJJ
Page 5
Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire
Code.
35. That the Owner shall adhere to architectural control requirements of the
Municipality.
36, 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.
37. The Owner agrees that 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.
38, The Owner agrees that 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 location of the building on the lot has been approved by the
Municipality of Clarington.
39. That the Owner shall be 100% responsible for the construction of a 1.8 m high
wood privacy fence along the south property line of the subject, east of the Massey
Drive extension where such property line abuts a lot with an existing residential
dwelling.
40. That the Owner supplies on disk, in a CAD format acceptable to the Municipality a
copy of the proposed Plan of Subdivision as Draft Approved and the 40M-Plan.
41. Prior to final approval, 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.
42. Prior to commencement of any grading or construction on site or final registration of
the plan, the Owner shall submit and obtain approval of the Ganaraska
Conservation Authority (GRCA) for reports, consistent with the recommendations of
the Foster Creek Sub-watershed Study and Environmental Impact Study prepared
by Gartner Lee, describing the following:
a) a detailed stormwater management plan which outlines the intended means
of controlling stormwater runoff in terms of quantity, frequency and duration
of all events up to and including the regional storm;
Conditions of Draft Approval S-C-2001-001
, r /
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Page 6
b) the intended means of conveying stormwater flows from the site, including
the location and design of water quality and quantity controls using
stormwater management techniques outlined in provincial guidelines;
c) an assessment of the major and minor flow systems, identifying pre and post
construction volumes, depths, velocities, points of discharge and proposed
methods for outlet treatment; and
d) an Erosion and Sediment Control Plan detailing the means by which 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
e) site grading details, including pre-development, staged and final scenarios:
f) requirements for the long-term maintenance of all proposed erosion and
stormwater facilities and construction details relating to these conditions.
43. That the Owner satisfies all the conditions of the Ganaraska Region Conservation
Authority, financially or otherwise.
44. A Servicing Agreement must be signed with Veridian Connections in order to obtain
servicing for this site.
45. Prior to obtaining a building permit, the Applicant shall, by agreement, confirm
acceptance of the terms and conditions of providing electrical service.
46. That the Owner satisfies all the conditions of Veridian Connections, financially or
otherwise.
47. Bell Canada shall confirm that satisfactory arrangements, financial and otherwise,
have been made with Bell Canada for any Bell Canada facilities serving this draft
plan of subdivision which are required by the Municipality to be installed
underground and a copy of such confirmation shall be forwarded to the
Municipality.
48. The Owner shall agree in the Subdivision Agreement, in words satisfactory to Bell
Canada, to grant to Bell Canada any easements that may be required for
telecommunications services,
49. The Owner shall be requested to enter into an agreement with Bell Canada
complying with any underground servicing conditions imposed by the Municipality.
50. If there are any conflicts with existing Bell Canada facilities or easements, the
Owner/Developer shall be responsible for rearrangements or relocation.
51. 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:
Conditions of Draft Approval S-C-2001-001
br,
. ~,
Page 7
a) The Reqional Municipality of Durham, how Conditions 3, 4, 5, 8, 9, 10, 13, 14,
15, 16, and 41 have been satisfied;
b) The Ganaraska Reqion Conservation Authority, how Conditions 42 and 43 have
been satisfied;
c) Veridian Connections, how Conditions 44, 45, 46 has been satisfied; and
d) Bell Canada, how Conditions 47, 48, 49,50 have been satisfied.
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Conditions of Draft Approval S-C-2001-001
Page 8
,
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within six 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 Tilles 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:
Durham Region Planning Department
Lang Towner, West Bldg., 4th Floor
Whitby Mall
1615 Dundas Street East
Whitby, ON L 1 N 6A3
905-728-7731
Ganaraska Region Conservation Authority
PO Box 328
Port Hope, ON L 1A 3W4
905-885-8173
Veridian Connections
55 Taunton Road East
Ajax, ON L 1T 3V3
905-427-9870
Bell Canada
Right of Way
FL 3-100 Borough Drive
Scarborough, ON M1 P 4W2
416-296-6291
Conditions of Draft Approval S-C-2001-001
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Page 9
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ATTACHMEINT 4
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2004-
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 2000-024;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1, Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Holding - Urban Residential Type One ((H)R1) Zone" to "Holding - Urban
Residential Type Two ((H)R2) Zone"
"Holding - Urban Residential Type One ((H)R1) Zone" to "Holding - Urban
Residential Type Three ((H)R3) Zone"
"Holding - Urban Residential Type Two ((H)R2) Zone" to "Holding - Urban
Residential Type One ((H)R1) Zone"
"Holding - Urban Residential Type Two ((H)R2) Zone" to "Holding - Urban
Residential Type Three ((H)R3) Zone"
2, Schedule "A" attached hereto shall form part ofthis By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of
2004
BY-LAW read a second time this day of
2004
BY-LAW read a third time and finally passed this day of
2004
John Mutton, Mayor
Patti L Barrie. Clerk
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This is Schedule "A" to By-law 2003-
passed this day of .2003 A.D.
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CS3 ZONING TO REMAIN "(H)R2"
~ Zoning Change From "(H)R1" To "(H)R2"
~ Zoning Change From "(H)R1" To "(H)R3"
~ Zoning Change From "(H)R2" To "(H)R1"
~'m:!;:~ Zoning Change From "(H)R2" To "(H)R3"
Patti L Barrie, Municipal Clerk
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