HomeMy WebLinkAboutPSD-033-13 Leading the Way REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
4
Date: May 6, 2013 Resolution #: fi ~, ,/, y-law #: -
Report#: PSD-033-13 File #: S-C-2009-0002 and ZBA 2009-0022,
Subject: PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT
TO PERMIT 18 RESIDENTIAL UNITS
APPLICANTS: WILLIAM DANIELL, ELIZABETH DANIELL AND GREEN
MARTIN HOLDINGS LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-033-13 be received;
2. THAT the application for Draft Plan of Subdivision, submitted by William Daniell,
Elizabeth Daniell and Green Martin Holdings Ltd. to permit 18 residential units be
supported, subject to the conditions contained in Attachment 4 to Report PSD-033-13;
3. THAT the Zoning By-law Amendment application submitted by William Daniell, Elizabeth
Daniell and Green Martin Holdings Ltd. be approved as contained in Attachment 5 to
Report PSD-033-13;
4. THAT once all conditions contained in the Official Plan and Zoning By-law with respect to
the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of
the (H) Holding Symbol be forwarded to Council for approval;
5. THAT the By-law authorizing the entering into a Subdivision Agreement between the
Owner of Draft Plan of Subdivision S-C-2009-0002 and the Municipality of Clarington be
approved as contained in Attachment 6 to Report PSD-033-13;
6. THAT the Region of Durham Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-033-13 and Council's decision; and
7. THAT all interested parties listed in Report PSD-033-13 and any delegation be advised of
Council's decision.
Submitted by: Reviewed by:
Davi J Crome, MCIP, RPP Franklin Wu,
Direct'6r of Planning Services Chief Administrative Officer
CS/CP/df/av
April 26, 2013
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-033-13 PAGE 2
1. APPLICATION DETAILS
1.1 Owner/Applicant: William Daniell, Elizabeth Daniell and Green Martin Holdings Ltd.
1.2 Proposal: Draft Plan of Subdivision
18 residential unit plan of subdivision consisting of 4 single
detached dwelling units and 14 semi-linked dwelling units.
Zoning By-law Amendment:
Change the current zoning on the lands from "Agricultural (A)" Zone
to an appropriate zone to permit the proposed development.
1.3 Site Area: 1.08 hectares (2.66 acres).
1.4 Location: The lands subject to these applications are generally located west
of Green Road, south of Durham Highway 2, being in Part Lot 17,
Concession 1, in the former Township of Darlington (see
Attachment 1).
2. BACKGROUND
2.1 In December 2009, the applicant submitted an application for a proposed draft plan of
subdivision and rezoning. The first submission of the draft plan of subdivision proposed to
develop various blocks in Plan 40M-1907, registered in 1998 and two properties situated
at 1670 and 1692 Green Road for a total of 32 residential units (see Attachment 2).
2.2 As a result of further discussions with staff regarding the proposed road alignment and
lotting pattern and concerns raised by area residents at the Public Meeting, the applicant
revised the proposal by changing the road alignment and reducing the number of total
units from 32 residential units to 18 residential units consisting of four (4) single detached
dwellings and seven (7) semi-detached link lots — 14 units (see Attachment 3).
2.3 The following background studies have been submitted in support of the applications:
• Conceptual Servicing Plan
• Noise Report
• On-Street Parking Plan
• Phase 1 Environmental Site Assessment
These are discussed in Section 7 of this report.
3. SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The site gently slopes in a south-easterly direction and generally consists of
unmaintained grass coverage with sporadic coniferous and deciduous tree growth. The
two residential dwellings situated at 1670 and 1692 Green Road were built in 1985.
REPORT NO.: PSD-033-13 PAGE 3
3.2 Surrounding Uses
North - Existing single detached dwellings fronting onto Durham Highway 2, and
vacant lands for which a site plan application for multi-storey residential use
had been applied for but since abandoned.
South - Vacant lands, existing single detached dwellings and townhouse units.
East - Green Road and beyond that commercial.
West - Existing single detached dwellings.
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The applications were reviewed in the context of the 2005 Provincial Policy Statement
("PPS").
New development shall occur adjacent to built up areas and shall have compact form, a
mix of uses and densities that allow for the efficient use of land, infrastructure and public
services.
Planning authorities are required to provide for a range of housing types and densities.
New housing is to be directed to locations where infrastructure and public services are, or
will be available. A full range of housing types and densities shall be provided to meet
projected requirements of current and future residents of the regional market area.
Infrastructure and public service facilities shall be provided in a coordinated efficient and
cost effective manner. Planning for these shall be integrated with planning for growth so
that they are available to meet current and projected needs. The use of existing
infrastructure and public service facilities should be optimized where feasible before
considering developing new infrastructure and public service facilities.
Planning authorities shall support energy efficiency and improved air quality through
various means in the planning and development process.
The proposed Draft Plan and proposed Zoning By-law Amendment conform with the
PPS.
4.2 Provincial Growth Plan
The Provincial Growth Plan for The Greater Golden Horseshoe ("Growth Plan")
encourages municipalities to manage growth by directing population growth to settlement
areas. Growth is to be accommodated by building compact, transit-supportive
communities in designated greenfield areas and by reducing dependence on the
automobile through the development of mixed use, pedestrian-friendly environments.
Growth shall also be directed to areas that offer municipal water and wastewater
systems.
REPORT NO.: PSD-033-13 PAGE 4
The Growth Plan requires municipalities to achieve a minimum density that is not less
than 50 residents and/or jobs per hectare in the designated Greenfield area and is
measured across the Region of Durham.
Planning for growth will take into account the availability and location of existing and
planned community infrastructure so that community infrastructure can be provided
efficiently and effectively.
The subject applications are consistent with the principles of the Growth Plan.
5. OFFICIAL PLAN POLICIES
5.1 Durham Regional Official Plan
The subject lands are designated as "Living Area" within the Durham Regional Official
Plan. Lands within this designation shall be used predominantly for housing purposes
incorporating the widest possible variety of housing types, sizes and tenure to provide
living accommodations that address various socio-economic factors.
Regional Official Plan Amendment #128 (ROPA#128) assigns population and housing
targets across the Region of Durham. Greenfield areas are required to achieve an
overall gross density of 50 residents and jobs combined per hectare measured across the
Region of Durham. This is discussed further in Section 11.
The application conforms to the policies of the Durham Regional Official Plan.
5.2 Clarington Official Plan
In the Clarington Official Plan, the subject lands are designated as Urban Residential, in
the Bowmanville Urban Area. The lands are within the Darlington Green Neighbourhood.
The population allocation for the Darlington Green Neighbourhood is 3,200 people.
Urban Residential uses shall be developed at a density between10-30 units per net
residential hectare. The predominant housing form shall be single detached and semi-
detached dwelling units.
Green Road is a Type B Arterial Road in the Clarington Official Plan. Private accesses
are limited to one access for every 80 metres of road on a Type B Arterial.
OPA 77, approved by Clarington Council, encourages sustainable design by promoting
energy efficiency and conservation, higher densities, efficient use of infrastructure,
integration of transit and green development standards. The applicant will be required to
submit an Environmental Sustainability Plan as a Condition of Draft Approval.
The revised applications conform to the policies of the Clarington Official Plan.
REPORT NO.: PSD-033-13 PAGE 5
6. ZONING BY-LAW
6.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned
"Agricultural (A)". A zoning by-law amendment is required in order to implement the
proposed Plan of Subdivision.
7. SUMMARY OF BACKGROUND STUDIES
7.1 Conceptual Servicing Plan
The Conceptual Servicing Plan prepared by GHD, demonstrates that the site can be
serviced with municipal water, sewer and storm sewer services, connecting to services
on Green Road and the existing portion of Bonathon Crescent.
7.2 Noise Feasibility Study
The study prepared by HGC Engineering assessed noise impacts from Green Road and
the CP Railway. The study followed the Ministry of Environment guidelines and
recommended noise mitigation measures, such as: providing forced air heating to
accommodate air conditioning units and the installation of noise fencing. Warnings
clauses have also been recommended and, through the subdivision agreement, will be
required to be added to future Agreements of Purchase and Sale to inform future
residents of the noise impacts and to address sound level excesses.
7.3 Phase 1 Environmental Site Assessment
A Phase I Environmental Site Assessment was prepared by Geo-Logic Inc. The proposed
residential development will require the removal of the two residential homes prior to the
residential development proceeding. Given the age of the homes and that fact they were
once in a rural location, there is a low level of concern from an environmental
perspective.
It is recommended that prior to the removal or demolition of the buildings the following is
required:
• A Designated Substance Survey (DSS) should be performed at each building prior
to the removal of the structures, and be presented to the renovation or demolition
contractor.
• All water wells should be identified and properly abandoned by an experienced
licensed water well contractor in accordance with the Regulations 903, of the Water
Resources Act.
• Due to the age of the buildings, and previous rural location in the community, any
existing or previously existing in-ground septic systems should be investigated, and
if identified be properly decommissioned prior to the development of the property.
REPORT NO.: PSD-033-13 PAGE 6
7.4 On-Street Parking Plan
An on-street parking plan was prepared by GHD and has been submitted based on the
revised proposal. It demonstrates that there is sufficient on-street parking for the
proposed development.
8. PUBLIC MEETING AND SUBMISSIONS
8.1 The Public Meeting was held on March 29, 2010. There were a number of individuals
who spoke in opposition to the application. A petition was provided with 48 names. The
concerns and comments are noted below:
• higher density homes, in particular semi-detached units will increase service costs
such as snow removal, garbage pick-up and sidewalks;
• increase in traffic volumes;
• request for temporary construction access from Green Road;
• concern for pedestrians because of increased traffic; and
• homes should be of similar size as the homes to west and south of the subject
lands.
8.2 The applicant revised the proposal partially based on the various concerns raised at the
Public Meeting and the petition. Following the revised submission, a Public Information
Centre (PIC) was held on November 27, 2012 to advise the public of the changes to the
plan of subdivision. Thirteen people attended this meeting. The results of the PIC will be
discussed in Section 11 of this report.
9. AGENCY COMMENTS
9.1 The Region of Durham Planning Department has no objection to the applications. The
Region finds that the applications are consistent with the Provincial Policy Statement and
the Growth Plan for the Greater Golden Horseshoe. The subdivision is also consistent
with the goals of the Regional Official Plan with respect to densities and land use. The
applications pose no concerns to Durham Region Transit.
The Region requested a number of conditions of Draft Approval, which shall be included
in the subdivision agreement, among them implementing the findings of the Noise
Feasibility Study, and as a result of the Phase 1 Environmental Site Assessment, a
Record of Site Condition (RSC) be submitted to the Ministry of Environment and an
"Acknowledgement Letter" from MOE will be required.
The Region also advised of the current servicing limitations at the Port Darlington Water
Pollution Control Plant. Upgrades are expected to be complete in Spring 2015. Municipal
water and sanitary sewers are available and can be extended to service the site.
REPORT NO.: PSD-033-13 PAGE 7
9.2 The Kawartha Pine Ridge District School Board has advised that the development will
generate up to six (6) elementary school pupils and up to three (3) secondary school
students. These students will be attending Dr. Ross Tilley Public School and Clarington
Central Secondary School respectively.
Municipal sidewalks should be provided along Street `A' and Bonathon Crescent. A
municipal sidewalk should also connect Street "A" with Green Road (Type "B"Arterial) to
facilitate pedestrian accessibility to schools.
9.3 Central Lake Ontario Conservation staff do not have any major concerns with the proposal.
The property is located within the West Side Drive Master Drainage Plan Area. The
proposal would therefore have to meet the requirements of the Master Drainage Plan. A
number of items will be addressed during the detailed design and through the conditions of
draft approval provided by CLOC.
9.4 Rogers Cable, Enbridge Gas and Hydro One Networks Inc. have offered no objection.
10. DEPARTMENTAL COMMENTS
10.1 Emergency and Fire Services Department
Emergency and Fire Services stated that the maximum length of the cul-de-sac cannot
exceed 230 metres.
10.2 Operations Department
Operations Department has offered no objection to the proposal.
10.3 Engineering Services Department
Engineering Services has no objections to the proposed applications, subject to the
following conditions of approval:
• A 5.00 metre road widening to be dedicated to the Municipality is required on Green
Road.
• The applicant will be 100% responsible for the cost of the removal of the temporary
cul-de-sac adjacent to the subject site. Costs will include full removal and
restoration to a full municipal urban standard including sidewalk, street trees, full
curb and gutter, and illumination.
• A Master Grading and Drainage Plan must be prepared that details the
configuration of the on-site storm sewer system (minor system) and the conveyance
of the overland flow (major system) from the subject draft plan. The grading and
drainage plan must conform to the Master Drainage Study-Westside Creek. The
applicant must demonstrate prior to draft approval that the runoff co-efficient for the
subject site will not exceed 0.45 as per the Westside Creek Study. This information
was prepared and deemed satisfactory.
REPORT NO.: PSD-033-13 PAGE 8
• The future extension of Bonathon Crescent must be constructed to a full municipal
urban standard including all underground servicing to the south property line and
barricaded at Street W.
• The sidewalk on the north side of Street 'A' must extend easterly to the back of the
west curb on Green Road. The applicant must continue the sidewalk connection on
the east side of Green Road to the existing sidewalk including both curb cuts.
• The applicant must provide a sidewalk platform compatible with the future Green
Road section along the entire Green Road frontage of the subject lands.
• The applicant will be required to provide an appropriate cash contribution in lieu of
the normal parkland dedication.
11. DISCUSSION
11.1 The original application for draft plan of subdivision, shown on Attachment 2 is made up
of blocks from a previous registered Plan of Subdivision and two large lots, supporting
existing dwellings which front onto Green Road. The two dwellings built in 1985 will be
demolished.
The applicant has been unsuccessful in their ability to purchase the lands at 1654 Green
Road or a portion thereof to complete an appropriate alignment for the north-south
section of Bonathon Crescent. This resulted in a "kinked" road pattern and the creation of
wide shallow lots sizes in the original proposal that was inconsistent with the surrounding
lot fabric.
11.2 Revisions to the Draft Plan.
Based on discussion with staff, and in response to a number of concerns raised by the
area residents the applicant revised the draft plan to 4 single detached units and 7 semi-
linked lots (14 units).
Three single detached units are on 10 metre lots. One remaining single, being Lot 5 is
wider but shallow as a result of the lot configurations to the north and the proposed
location of the cul-de-sac for the extension of Bonathon Crescent. The semi-linked lots
are larger and wider than the typical semi-linked units which are typically 18 metres in
width. These proposed units range from 22.6 to 26.0 metres in width and 31 to 39 metres
in depth.
The proposed lots are for semi-linked units however will accommodate a larger house
model. These models have been used on 12.0 metre single lots in other phases of Aspen
Springs. As such, they will be similar in size to those located to the west and south of the
subject site.
The proposed 18 units on 1.08 hectares results in a density of just over 50 persons per
hectare. The applications are in keeping with the Provincial and Regional targets to 50
persons per hectare measured across the Greenfield area.
REPORT NO.: PSD-033-13 PAGE 9
11.3 Concerns from Area Residents
A number of residents attended the statutory Public Meeting in objection to the proposal,
their main concerns were stated in Section 8 of this report. The concerns have been
categorized to simplify the discussion.
Increase service costs such as snow removal, garbage pick-up and sidewalks
The subject site is in the Urban Area of Bowmanville and is designated for residential
use. Snow removal, garbage pick-up and the installation of sidewalks is required and
provided for all developments within urban areas.
Concern for pedestrians because of increased traffic
Sidewalks will be installed on the north side of Bonathon Crescent, which connects the
existing sidewalks, with connections to the east side of Green Road. In addition, the
applicant is required to install a sidewalk platform on the west side of Green Road
frontage so that sidewalk connections can be made in the future.
Construction Traffic
Residents do not want construction traffic to use existing portions of Bonathon Crescent.
They would prefer construction traffic to use Green Road. Staff agree, although there will
be occasions, such as the installation of in-ground services, when the traffic will have no
alternative but to use existing portions of Bonathon Crescent. However, at all other
times, construction traffic will be required to use Green Road to access the site, on a
temporary basis.
11.4 Proceeding with residential development on the subject lands is the logical phase for the
remainder of the lands in this neighbourhood. The technical and supporting details of the
submitted studies are acceptable to staff and agencies. The conditions of draft approval
have been prepared including standard conditions of approval that would have to be
fulfilled as the subdivision application moves through the final stages. The owner of the
lands will be required to enter into a subdivision agreement with the Municipality of
Clarington. The applicant has provided their concurrence on the proposed conditions of
draft approval.
11.5 All taxes payable to the Municipality of Clarington have been paid in full.
12. CONCURRENCE — Not Applicable
13. CONCLUSION
13.1 In consideration of the comments received from circulated agencies and area residents,
and based on review of the proposal, staff recommend that the proposed Draft Approved
Plan of Subdivision and Zoning By-law Amendment be approved.
REPORT NO.: PSD-033-13 PAGE 10
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
X Promoting economic development
X Maintaining financial stability
Connecting Clarington
Promoting green initiatives
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Cynthia Strike, Principal Planner
Attachments:
Attachment 1 - Key Map
Attachment 2 - Original and Revised Submission
Attachment 3 - Revised Draft Plan of Subdivision
Attachment 4 - Conditions of Draft Approval
Attachment 5 - Proposed Zoning By-law Amendment
Attachment 6 -Authorization By-law
Interested parties to be advised of Council's decision:
(list can be obtained through Planning Services Department)
Attachment 1 to
Report PSD-033-13
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CONDITIONS OF DRAFT APPROVAL
FILE NO.: S-C- 2009-0002
March 14, 2013
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-2009-0002 prepared by GHD identified as job number 95076,
revised on November 2012, and further redlined, which illustrates 14 linked units, 4
single detached units, a Future Development Block, and a road widening. The red-
line revision shall include:
i) The removal of the words "Fut. Development Block 12" and replace
with the words "Street B";
ii) 0.3 metre reserve on the frontage of Green Road: and
iii) 0.3 metre reserve at the southerly limit of "Street B".
FINAL PLAN REQUIREMENTS
2. The Owner shall dedicate to the Municipality of Clarington:
a) Block 13 for a 5.0 m road widening along Green Road.
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.
4. The Owner shall prepare an Environmental Sustainability Plan for approval by the
Director of Planning Services and Director of Engineering Services, The Plan shall
identify the measures that the Owner will undertake to conserve energy, and water
in excess of the standards of the Ontario Building Code, reduce waste, increase
recycling of construction materials and utilize non-toxic, environmentally
sustainable materials and finishes.
5. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to
implement the recommendation of the report entitled "Noise Feasibility Study,
Bonathon Crescent Lots, Municipality of Clarington, Bowmanville Ontario",
prepared by Howe Gastmeier Chapnik Limited, dated September 23, 2009, which
specify recommended noise control measures. The measures shall be included in
the Municipality of Clarington Subdivision Agreement and must also contain a full
and complete reference to the noise report (i.e. author, title, date and any
revisions/addenda thereto) and shall include any required warning clauses
identified in the acoustic report. The Owner shall provide the Region with a copy
of the Subdivision Agreement containing such provisions prior to final approval of
the plan.
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6. The Owner shall obtain municipal approval of the zoning for the land uses shown
on the approved draft plan in accordance with the provisions of the Planning Act.
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REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
7. The Owner shall enter into a Subdivision Agreement with the Municipality of
Clarington and agree to abide by all terms and conditions of the Municipality's
standard subdivision agreement.
8. The Owner shall develop the approved draft plan in one (1) phase.
9. 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. The Landscape
Plan shall show a decorative fence consisting of commercial/industrial quality
powder coated metal fencing and masonry pillars along the east property
boundary of Lot 5 and Lot 6 (left) which extends the length of property line from the
noise attenuation fence, identified in the Noise Report identified in Condition 5 to
the road allowance of Street "A".
10. The Owner's engineer will be required to prepare a Master Grading and Drainage
Plan that details the configuration of the on-site storm sewer system (minor
system) and the conveyance of the overland flow (major system) for the subject
draft plan. The grading and drainage plan must conform to the Master Drainage
Study-Westside Creek Addendum 3 (G.M. Sernas December 1998). That study
shows the entire subject site is intended to drain (both major and minor flows) to
Green Road.
11. The engineering drawings for this development must be signed, sealed and dated
by a Professional Engineer.
12. 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.
13. The Owner shall obtain demolition permit(s) to remove all existing buildings and
structures, prior to commencement of the construction of the Plan of Subdivision.
Furthermore, the Owner agrees to carry out the demolition or removal of the
buildings in keeping with the recommendations contained in a report entitled
"Phase 1 — Environmental Site Assessment Report" prepare by Geo-logic Inc.,
dated October 2009. The Owner shall provide a letter from Geo-logic Inc. to the
Director of Planning Services stating that the demolition of the buildings has been
completed in accordance with the recommendations of the aforesaid report.
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REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
14. All land dedications, easements, sight triangles and reserves as required by the
Municipality of Clarington for this development must be granted to the Municipality
of Clarington free and clear of all encumbrances and in a form satisfactory to the
Municipality's solicitor.
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15. The Owner will be 100% responsible for the cost of the removal of the temporary
cul-de-sac adjacent to the subject site (Bonathon Crescent). Costs will include full
removal and restoration to a full urban standard including sidewalk, street trees,
full curb and gutter, and illumination.
16. The Owner will be 100% responsible for the costs of extending "Street B" south to
the south property. line. This portion of the road must be constructed to full
municipal urban standard including all underground servicing to the south property
line and a temporary barricade shall be installed at Street "A".
17. Temporary turning circles may be required depending upon the phasing of the
development. The need for any additional temporary turning circles and frozen
lots will be determined at the engineering stage solely at the discretion of the
Director of Engineering Services.
18. The sidewalk on the north side of Street "A" must extend easterly to the back of
the west curb on Green Road. The applicant must continue the sidewalk
connection on the east side of Green Road to the existing sidewalk including both
curb cuts.
19. The Owner must provide a sidewalk platform compatible with the future Green
Road section along the entire Green Road frontage of the subject lands.
20. The Owner shall cause all construction traffic to exit and enter the subject site off
Green Road. On occasion, it may be necessary for construction traffic to use the
existing portions of Bonathon Crescent. This shall only be permitted at the
discretion of the Director of Engineering Services.
21. The Owner shall convey land to the Municipality of Clarington for park or other
public recreational purposes in accordance with the provisions of the Planning Act.
Alternatively, the municipality may accept cash-in-lieu of such conveyance for all
or a portion of the required dedication, in accordance with Section 51.1 of the
Planning Act.
22. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities.
23. The Owner shall submit a geotechnical soils analysis to the Municipality of
Clarington for approval.
24. The Owner shall cause all utilities, including hydro, telephone, Cable TV, etc., to
be buried underground.
25. The Owner shall submit a detailed tree preservation plan to the satisfaction of the
Municipality of Clarington. No trees shall be removed and no grading on site shall
commence until such time as this plan has been approved except as authorized by
the Municipality.
26. Prior to the issuance of building permits, access routes to the subdivision must be
provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and all
watermains and hydrants must be fully serviced and the Owner agrees that during
construction, fire access routes be maintained according to Subsection 2.5.1.2 of
the Ontario Fire Code, storage of combustible waste be maintained as per
Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire
Code.
27. 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.
28. No building permit shall be issued for the construction of any building on any
residential lot or block on said plan, until the architectural control guidelines for the
development and the exterior architectural design of each building and the location
of the building on the lot has been approved by the Municipality of Clarington.
29. 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.
30. The Owner shall provide the Municipality, at the time of execution of the
subdivision agreement, irrevocable Letters of Credit acceptable to the
Municipality's Treasurer, with respect to Performance Guarantee, Maintenance
Guarantee, Occupancy Deposit and other guarantees or deposit as may be
required by the Municipality.
31. The Owner shall pay to the Municipality, the development charge in accordance to
the Development Charge By-law as amended from time to time, as well as
payment of a portion of front end changes, if applicable, pursuant to the
Development Charge Act if any are required to be paid by the Owner.
32. The Owner shall supply on disk, in a CAD format acceptable to the Municipality, a
copy of the proposed Plan of Subdivision as Draft Approved and each 40M Plan
proposed for registration.
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33, 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 and if necessary audited
by MOE.
CONSERVATION AUTHORITY
34. Prior to any on-site grading or construction or final approval of the plan, the Owner
shall submit and obtain approval from the Central Lake Ontario Conservation
Authority for reports describing the following:
a) the intended means of conveying stormwater flow from the site, including use
of stormwater techniques which are appropriate and in accordance with the
provincial guidelines. [The stormwater management facilities must be
designed and implemented in accordance with the recommendations of the
Master Plan];
b) the anticipated impact of the development on water quality, as it relates to fish
and wildlife habitat once adequate protective measures have been taken;
c) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with the
provincial guidelines. The report must outline all actions to be taken to prevent
an increase in the concentration of solids in any water body as a result of on-
site or other related works, to comply with the Canada Fisheries Act.
35. The subdivision agreement between the Owner and the Municipality of Clarington
shall contain, among other matters, the following provisions:
a) The Owner agrees to carry out the works referred to in Condition 35 to the
satisfaction of the Central Lake Ontario Conservation Authority;
b) The Owner agrees to maintain all stormwater and erosion and sediment
control structures operating in good repair during the construction period in a
manner satisfactory to the Central Lake Ontario Conservation Authority; and
c) The Owner agrees to advise the Central Lake Ontario Conservation Authority
48 hours prior to commencement of grading or initiation of any on-site works.
36. The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing Fees and
Technical Review Fees owing as per the approved Authority Fee Schedule.
SERVICING
37. The Owner shall satisfy all requirements, financial and otherwise, of the
Municipality of Clarington. This shall include, among other matters, the execution
of a subdivision agreement between the Owner and the Municipality of Clarington
concerning the provision and installation of roads, services, drainage, other local
services and all internal and external works and services related to this proposal.
38. 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.
39. 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.
40. The Owner shall grant to the Region of Durham, any easements required for
provision of Regional services for this development and these easements shall be
in location and of such widths as determined by the Region of Durham.
41. 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.
42. The Owner is to co-ordinate the preparation of an overall utility distribution plan
that allows for the safe installation of all utilities including the separation between
utilities. Streets are to be constructed in accordance with composite utility plans
previously submitted and approved by all utilities.
43. All utilities will be installed within the proposed road allowances. In the event that
that is not possible, easements will be provided at no cost to the utility provider.
TELECOMMUNICATIONS
44. The Developer is hereby advised that prior to commencing any work within the
Plan, the Developer must confirm that sufficient wire-line communication/
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telecommunication infrastructure is currently available within the proposed
development to provide communication/telecommunication service to the
proposed development. In the event that such infrastructure is not available, the
Developer is hereby advised that the Developer may be required to pay for the
connection to and/or extension of the existing communication/telecommunication
infrastructure. If the Developer elects not to pay for such connection to and/or
extension of the existing communication/telecommunication infrastructure, the
Developer shall be required to demonstrate to the Municipality that sufficient
alternative communication/telecommunication facilities are available within the
proposed development to enable, at a minimum, the effective delivery of
communication/telecommunication services for emergency management services
(i.e. 911 Emergency Services).
SUBDIVISION AGREEMENT
45. 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) That the Builder include a disclosure in all Offers of Purchase and Sale
advising home buyers of municipal parking regulations, to the satisfaction of
the Director of Planning Services.
c) The Owner agrees to implement those noise control measures
recommended in the Noise Report required in Condition 5.
d) The Owner agrees to place the following in all Offers of Purchase and Sale
Agreements between the developer and all prospective home buyers:
i) "Due to the proximity of this plan to Green Road, Durham Highway 2,
the railway and existing commercial uses purchasers should be aware
that noise may interfere with some activities of the dwelling occupants."
ii) "Despite the noise control features implemented within the development
and/or within the individual dwelling units, noise levels from the adjacent
Green Road, Durham Highway 2, railway and existing commercial uses
may occasionally interfere with some activities of the dwelling
occupants."
iii) "Purchasers and tenants notified that there are existing farming
operations nearby and that they will not object, complain or seek legal
action against such nuisances as noise and odour resulting from normal
farming practices."
iv) For the Owners of Lot 5 and Lot 6 (left) shall be responsible for the
perpetual maintenance of the noise attenuation fencing and the
decorative fencing.
FINAL APPROVAL
46. Prior to final approval of this plan for registration, the Director of Planning Services
for the Municipality of Clarington shall be advised in writing by:
a) Regional Municipality of Durham, how Conditions 3, 5, 34, 39, 40, and 41
have been satisfied;
b) Central Lake Ontario Conservation Authority, now Conditions 35, 36 and 37
have been satisfied;
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within five (5) years of the draft approval
date, and no extensions have been granted, draft approval shall lapse and the
file shall be CLOSED. Extensions may be granted provided valid reason is given
and is submitted to the Director of Planning Services for the Municipality of
Clarington well in advance of the lapsing date.
2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all '
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to
final approval. The Planning Act provides that draft approval, may be withdrawn
at any time prior to final approval.
3. All plans of subdivision must be registered in the Land Titles system within the
Regional Municipality of Durham.
4. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies
in order to facilitate their clearance of conditions for final approval of this plan.
The addresses and telephone numbers of these agencies are:
a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box
623, Whitby, ON L1 N 6A3 (905-668-7721)
b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
ON LIH 3T3 (905-579-0411)
Attachment 5 to
Report PSD-033-13
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2013-
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 2009-0022;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 12.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE (R1)
ZONE" is hereby amended by adding new Special Exception as follows:
"Section 12.2 ii), those lands zoned R1-89 on Schedules to this By-law shall be
subject to the following zone regulations:
a. Yard Requirements(minimum)
i) Exterior Side Yard 4.5 metres
ii) Rear Yard 7.0 metres"
2. Schedule "3" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
• "Agricultural (A) Zone"to"Holding-Urban Residential Exception ((H)R1-41)
Zone";
• Agricultural (A) Zone"to "Holding-Urban Residential Exception ((H)R1-89)
Zone"; and
• "Agricultural (A) Zone"to"Holding-Urban Residential Exception ((H)R2-58)
Zone';
as illustrated on the attached Schedule"A" hereto.
3. Schedule"A"attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW passed in open session this day of , 2013.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2013- !11
passed this day of !11 2013 A.D.
BONATI-SON ORES
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Zoning Change From"A"To"(H)R1-41"
Zoning Change From"A"To"(H)R1-89"
Zoning Change From"A"To"(H)R2-58"
Zoning Change From"RT To"(H)R1-41"
Zoning Change From"RT To"(H)R2-58"
Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk
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Schedule 3
Attachment 6 to
Report PSD-033-13
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2013-
being a By-law to authorize entering into an Agreement with the Owners of Plan
of Subdivision S-C 2009-0002 any Mortgagee who has an interest in the said
Lands, and the Corporation of the Municipality of Clarington in respect of S-C
2009-0002.
WHEREAS the Council on May 13, 2013 approved Draft Approved Plan of Subdivision
S-C 2009-0002 located in Part Lot 17, Concession 1, former Town(ship) of Darlington
and authorized the execution of a Subdivision Agreement with the Owner;
AND WHEREAS the Owner(s) of draft Plan of Subdivision S-C 2009-0002 is now ready
to proceed to finalize the Subdivision Agreement;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. THAT the Director of Planning Services and Clerk are hereby authorized to
execute, on behalf of the Corporation of the Municipality of Clarington and seal
with the Corporation's seal, an Agreement between the Owners of Plan of
Subdivision S-C 2009-0002.
2. THAT the Director of Planning Services and Clerk are hereby authorized to
accept, on behalf of the Municipality of Clarington, the said conveyances of
Lands required pursuant to the aforesaid Agreement.
BY-LAW passed in open session this day of 12013.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
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