HomeMy WebLinkAboutPSD-021-04
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REPORT
PLANNING SERVICES
Meeting:
Date:
Report #:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, February 23, 2004
'VIlf
S-C-2000-001
ZBA 2000-024
REZONING AND PLAN OF SUBDIVISION TO PERMIT A 39 UNIT RESIDENTIAL
DEVELOPMENT
SYVAN DEVELOPMENTS LIMITED (FOSTER HEIGHTS)
Part Lot 29, Concession 2, Village of Newcastle
File#:
$GPA- Cfi.'5-0<+
By-law #: .900<f- 051
PSD-021-04
Subject:
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-021-04 be received;
2. THAT the application for proposed Draft Plan of Subdivision S-C-2000-001 as amended
and submitted by Syvan Developments Limited (Foster Heights) be APPROVED and
that the Director of Planning Services be authorized to issue Draft Approval subject to
the conditions of draft plan approval contained in Attachment 3;
3. THAT the application to amend Zoning By-law 84-63, be APPROVED and that the
amending by-law, as per Attachment 4 be forwarded to Council for approval;
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 at suchtime
that the applicant has entered into a subdivision agreement with the Municipality;
6. THAT a copy of this Report and Council's decision be forwarded to the Region of
Durham Planning Department; and
7. 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
Dav; J rome, MCIP, R.P.P.
Direc of Planning Services
BRlL TIDJC/ld
February 13, 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830
6 'Ij
REPORT NO.: PSD-021-04
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner:
Syvan Developments Limited
1.2 Applicant/Agent:
(same as Owner)
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 (R1) 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-021-04
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 Kiradaar 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. Semas & 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, Kiradaar 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.
2.6 Kiradaar appealed the enactment of Official Plan Amendment #30 and the zoning
amendment on the lands owned by the Foster Creek Development Group.
2.7 The Foster Creek Development Group attempted unsuccessfully to negotiate
satisfactory arrangements with Kiradaar regarding the cost sharing of infrastructure
and other matters regarding the two developments. However, on January 15, 2003
Syvan Developments Limited agreed to purchase the lands from Kiradaar.
2.8 The sale was finalized January 23, 2004. The Board was notified of the sale and
consequently the withdrawal of all four appeals on January 27, 2004.
2.9 Staff Report PSD-014-04 was prepared for the General Purpose and Administration
Committee on January 26, 2004 to authorize staff and the solicitor to attend the
scheduled OMB pre-hearing and to put forward the Municipality's recommended
position before the Ontario Municipal Board. In light of the pending sale of the
Kiradaar lands, staff requested that Report PSD-014-04 be referred back to staff.
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REPORT NO.: PSD-021-04
PAGE 4
2.10 On February 2, 2004, the Ontario Municipal Board provided notice that Official Plan
Amendment #30 and the Foster Creek Developments Limited Zoning By-law
Amendment were now deemed to be in effect as a result of the withdrawal of the
related appeals that were before the Board.
2.11 On February 2, 2004, the applications for draft plan of subdivision and rezoning
affecting the former Kiradaar lands were returned to the Municipality for the
consideration of Council.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The surrounding land uses are as follows:
East:
the vacant lands of the eastem 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
North:
South:
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 eastern 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-021.04
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 semillink 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 fire 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-021-04
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 Syvan Developments Limited 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
symbol to the more typical low density of Newcastle Village is the basis for the 12
I." I
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REPORT NO.: PSD-021-04
PAGE 7
additional units. 39 dwelling units is the largest number of dwelling units Staff can
support.
7.3 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.
7.4 Clarington Finance advises $2,726.17 for taxes is owed for the subject lands.
Staff would note, all outstanding taxes are required to be paid through the
execution of the Subdivision Agreement process.
7.5 In light of the recent sale of the property, a copy of the proposed conditions of
draft approval were forwarded to the new owners. Staff has been advised they
would have no objections to the conditions of draft approval as contained in this
report.
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, staff respectfully recommends that
the proposed draft plan of subdivision, conditions of draft approval contained in
Attachment 3 and zoning by-law amendment as per Attachment 4, be APPROVED.
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
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, REPORT NO.: PSD-021-04
PAGE 8
Kiradaar (Ontario) Inc.
7 Director Court
Woodbridge, ON L4L 4S5
Daniel and Margaret Maskell
320 King Avenue West
Newcastle, ON L 1 B 1 GO
Foster Creek Developments Ltd.
20 Robert Street West, Unit A
Newcastle, ON L1B 1C6
Doug McCurdy
304 King Avenue West
Newcastle, ON L 1 B 1 GO
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David and Pearl Rickard
80 Given Road
Newcastle, ON L 1 B 1 L9
Bob Stephenson
Ministry of Finance
33 King Street West
Oshawa, ON L 1 H 8H5
Jordan Bryce
G.M. Sernas & Associates Ltd.
Unit 41
110 Scotia Court
Whitby, ON L 1 N BY?
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Draft Plan of Subdivision
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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
OiJ
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 bome 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
iii) 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 andlor 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 extemal 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 ofthis plan.
Conditions of Draft Approval S-C-2001-001
Page 2
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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
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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 intemal 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 extemal 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 extemal 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 corner lots, The
Conditions of Draft Approvai S-C-2001-001
oiu
Page 4
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
Cli.1
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
" '7
O.)J
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
OwnerlDeveloper 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
6j,
Page 7
a) The Reqional Municipalitv 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.
Conditions of Draft Approval S-C-2001-001
b j i:
Page 8
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT" 4
BY-LAW NUMBER 2004,
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-Jaw 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 "Holdin9 - Urban
Residential Type Three ((H)R3) Zone"
2, Schedule "A" attached hereto shall form part of this 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
65)
This is Schedule "A" to By-law 2004-
passed this day of , 2004 A.D.
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['S.] 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"
IIijIiiiiijl Zoning Change From "(H)R2" To "(H)R3"
Patti L. Barrie, Municipal Clerk
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