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HomeMy WebLinkAboutPSD-014-04 ~ ~ ~Cl!J!mglOn REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE '"D\d 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: \ . /7{' I . .. ,Lco.~---'::LUi.~ . "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 b4 v '-><if ... 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). b 4 t. y ,l '- 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. 64J >. 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. 64.; 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. 64 'J < 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 b4e " 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. 64; 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 64U ATTACHMENT 1 J~_OD 32.00 31.>6 11 12 24 - - - 3200 ~2_00 23 10 13 - - - , 32.00 32.00 22 - 20,00 9 14 g - 21 3200 32.00 -Y gn u 8 15 g 20 - - YJ ~oo E-< "" 19 PROPOSED RESIDE TAIL 16 "" DRAFT PLAN 18T- 9059 g 7 ~ - E-< 33.M ~oo I U1 ~ , ~ . ; 6 17 " 18 27.00 ~OO i 28,8' STREET 'lI" STREET "An 332. 25 --- - . , , i. ,0 ,0 I 12.00 12.00 '2.00 12.00 ZIl.'" 5 4 3 2 , 27 , . . - <'50" N;n.J3'00_e .a.JS "00 :200 12.00 29 I 30 31 EX. SE;\lIOR BUILDING , , jr-----.J L ~ -------" I i .~ EX. RESlDfrv,lL !. ~"' i~~I" --~! \, -------------_ : B'k 3J ~'>'''' : GIVEN . . R~' 1 ~ 1<; ~ ~ ~ i L~ , ~ Ja.560 I P3'J"20"E \ \ --- ~-\ \ \ , I I L_~ iJ ST, ZBA 2000-024 Zoning By-law Amendment S-C-2000-01 Draft Plan of Subdivision GIV[N ROAD K,N ULLIAN CRES. J Owner: 1151677 Ontario Limited Kiradaar (Ontario) Inc. 0~ o b' /\ C 't I 1 Ir1 L_____ _ __ _ __ __________...J 1 jj L"\ TITITITI m'> 6:3 I ",~;:r.ir'I~'a-;u / tj~. ...t......~~ :::;JII'I !1'1I~'il' 1 r-Ij-; 0-'-llI~~I. ~~. , I I f-'ict! ~ ~ /' t:::f:J c-1):1):I:-T:'t. . '!i--' , 1-' -) I. / / "A!:' , -.lrS, Ii . . , II / / II // / ! / ,I Ii I;' -1/ I I" Ii 1 . i /; 1/ 1/ / ! , f \.' "\ \ ')~I.j~:J ~Tfii1'B~ (-::n+'j+i+f~ ~::i=ri+j=--I \ - ,,: I t::::J I U"'''''lJ L""" I \ - 1...LJ R ~ 'J-LL.Ll...Ll. L-.L...L "'- " [l d : I Iii:'! C-L-:=J IfTTlTTl ~ 'ijj:-=-. H ~ I ,l:'CJ~ E:+] ~jlJluij -,,~ L '" /?, ~ 0 I E:=F-j ~::t =i ~--:----{II. I" I. IT ",-Y~8::~ 0: - I E-+:~ t:f-~ c-T:;};:/: ~",~ )" ~.. '(:::;;;~'>;. '~v-(":n ~+:~ ~:B' :~ r=!=fylll// I I "'" v;-:::;;;,-\, \,Y.'~ ~ \;:.--~; . 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I I T2 ~ gc -EO 0- .20.... 0 -a. 0-'0 ~fr ~~i; '; o U III ; z C < "z H 20 ffi I ~U III I~ '" ~w W~ ~~ i Ut: ~ ~~ z ::;;:,zOooo 5 ~~~~~~o ~ 5! @w ~ ~ ~ ~ ~ o~~@ i~c~~o~ za:::o:::...... ll..u.~~~~c ~ 5$~~ ~~ ~ ~ ~ ~ ~ W mo:: w~ w!!:! in Ci5 Ci5 (i5 Q') -J ~~~~~~~ ~ ~ ~ ~ ~ ~ w ~ => o " ~ ~ ~ ~ ~ ~ ~ ~ ::::r;: "" ~ ~ ~ ~ ~ ~ II "- ~ 8 w " ~ ~ ~ 53 8 ~ :;j 9 c :< ~ fil ... 8 7 ~ o::u.; 0:: 8: :c z ~ w w~ ~ "" a:: 0 ~ ~ !;(!:lij ~ ~ ~ re ~ ~ Bi ;~ ~ t ~ g ~ ~ I ~ ~~ ~ ~ 8G~GG8J~.III~~~JI c: (, . i<< I. ~ =','. ~I i~' MOO 0 ~ ;;; ~Il 8 . 0 0 =',' i l<l:S''@ " g ! uu'S o' ........"'.,;,g ~-:; 111~' - ~>-l' -"-"-"-" 0::>- !022~ i~ .!l~c b_ i+~i -"~ - l lJ I ; ~ 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 6 c ' Ji 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 ( r " Ojf. 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 / li) ') 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. b. r, ~\ v' ',-, 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 h" '''I t.I_J : Page 9 " 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 66l ~ This is Schedule "A" to By-law 2003- passed this day of .2003 A.D. , ... '" '" '" ... '" jc ... '" '" ~ '" PROPOSED llilSlD AIL DRU'I'PLIoNl8T-9069 N """""" """"<'UN , STREET "H" z o en en LlI () Z o () EX. SENIOR ilUIUlING ~ " ~l L . '" John Mutton, Mayor 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 ''''' '" / .~ I~U~1 r'""~.~~ """'. \0 "" ,~'"' '5, ~ CW^' ~5 I "" T[' ,m \ I "" '~1 ill ,~~",j,,,.. J. \ Cl00 J, ~'m, 0 '\ Oc"""~' "[ 15 .,. ;;; t;; Q "' 1--' it'r! DO i nl 71'il~'L. 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