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HomeMy WebLinkAboutPD-12-94 AddendumMeeting: General Purpose and Administration Committee File # 6 .) 4 Date: Monday, March 21, 1994 Res. Addendum to Report #: PD -12 -94 File #: DEV 90 -074 (X -REF: 18T -90036 & OPX -'4� Subject: REZONING APPLICATION - DWIGHT CHIZEN IN TRUST PART LOT 10, CONCESSION 2, FORMER TOWN OF BOWMANVILLE FILE: DEV 90 -074 (X -REF: 18T -90036 & OPA 90- 077/N) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PD -12 -94 be received; 2. THAT Report PD -12 -94 be lifted from the table and be considered; 3. THAT the recommendations contained in Report PD -12 -94 be APPROVED with the following changes: a) THAT recommendation No. 6 be deleted; b) THAT the conditions of approval referred to in Recommendation No. 2 be amended by deleting Conditions No. 7, 17 and 25 and replaced with the following new Condition No. 7: "THAT prior to final approval for registration of this plan, Longsworth Avenue shall be connected between this plan of subdivision and Liberty Street. However, lots fronting on Swindells Street may proceed toward registration without the necessity of Longsworth Avenue being extended to Liberty Street." REPORT 1. BACKGROUND: 1.1 At its meeting held on February 7, 1994, Committee tabled Report PD -12 -94 and instructed staff to review the proposed plan of subdivision with Brooking Transport specifically with respect to the condition of expropriation of Brooking Transport's land to connect Longsworth Avenue to Liberty Street. ...2 ADDENDUM TO REPORT NO.: PD -12 -94 PAGE 2 2. COMMENTS: 2.1 In Report PD- 12 -84, staff expressed concerns that the Chizen's subdivision does not provide adequate access and that Longsworth Avenue is required to be connected to Liberty Street. Through discussion with Staff, Mr. Chizen indicated that within the last two years, he has approached Brooking Transport to acquire the land for Longsworth Avenue extension but was unsuccessful. As a result, he persuaded staff to include in the conditions of approval, that the Municipality will expropriate the Brooking Transport's land to provide the necessary access. 2.2 As per the direction of the Committee, the Director met with Mr. David Puk, Mrs. Connie Puk of Brooking Transport and their Solicitor, Mr. Ron Kitchen. The Puks' advised the Director that Mr. Chizen last approached them about 4 or 5 years ago enquiring about possible purchase but they never received any Offer of Purchase. They objected to any condition of approval that would cause the Municipality to expropriate their land on behalf of a developer. A copy of their Letter of Objection is attached to this Report. 2.3 Imposing a condition of expropriation to acquire a road access for the benefit of an applicant is not a common practice. Apparently, Mr. Chizen gave the impression to staff that it's almost impossible for him to buy the land from Brooking Transport and it was then staff reluctantly agreed to include the expropriation condition. Based on the Director's recent meeting with representatives from Brooking Transport, it appears that Mr. Chizen has not approached Brooking Transport during the last two years, as had been conveyed to staff. 2.4 Having reviewed the information, it can be concluded that there was a lack of genuine attempt by the applicant to Z" -.1-2 ADDENDUM TO REPORT NO.: PD-12-94 PAGE 3 acquire lands from Brooking Transport to extend Longsworth Avenue and that staff were led to believe that any contact or discussion between Mr. Chizen and Brooking Transport was recent and not as far back as 4 or 5 years ago as indicated by the Puks'. 2.5 In light of the above observations, staff respectfully recommend to Committee and Council to delete all conditions that make reference to the expropriation of lands for extending Longsworth Avenue. The proposed plan of subdivision could still be approved but would only permit the registration of those lots fronting on Swindells Street. All other lots will not be permitted to proceed towards registration until such time Longsworth Avenue is extended to Liberty Street. This restriction is necessary in order to ensure Freeland Avenue to the north will not be overloaded with local traffic generated from this subdivision. This would avoid a similar problem recently encountered on Glenabbey Drive in Courtice. The eventual development of the lands subject to the said restriction will either be contingent upon Mr. Chizen acquiring the land from Brooking Transport or to await Brooking Transport to develop its land first and put in place the first section of Longsworth Avenue to assure proper sequential development. 2.6 In conclusion, it is not in the interest for the Municipality to expropriate any private land on behalf of an applicant to facilitate his development. In this particular case, it is not good government practice to impose a condition that would create a hardship for a long established local industry. ...4 2 U.' ADDENDUM TO REPORT NO.: PD -12 -94 PAGE 4 Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development FW *j ip 8 March 1994 Attachment: Letter of Objection Reviewed by, W.H. Stockwell Chief Administrative Officer Persons to be notified of Council and Committee's decision: Dwight Chizen 403 Sackville Street TORONTO, Ontario M4Y 1S6 G. M. Sernas and 110 Scotia Court Unit 41 WHITBY, Ontario L1N 8Y7 Associates Ltd. Mr Michael Puk 273 Liberty Street North BOWMANVILLE, Ontario L1C 3Y6 fIZU4 Sylvia Brownell 261 Liberty Street North BOWMANVILLE, Ontario L1C 3Y6 Mr. and Mrs. Gough 79 Clayton Crescent BOWMANVILLE, Ontario LIC 2N9 Brooking Transport Ltd. 281 Liberty Street North BOWMANVILLE, Ontario L1C 3Y6 N Kitchen, Kitchen, ', McFarlane Barristers and Solicitors Ronald J. Kitchen Gary G. Kitchen Alastair H. Simeson Faye M. McFarlane Valerie A. Hazlett Parker J. Scott Elliott Our File No. 90 -5778 The Corporation of the Municipality of Claringto Department of Planning and Development 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Mr. Franklin Wu Dear Sirs: P. O. Box 428 86 Simcoe St. South Oshawa, Ontario L1 H 7L5 CBANET: KKS Fax (416) 579 -6073 Telephone (416) 579 -5302 rx r HAR 1 v 9994 ^' I ��f_l�Zil lei llUU L;; t�ril "i ll.it�IV� Re: Brooking Transport Limited and Application for Subdivision 18T -90036 As you are aware, I am the solicitor for Brooking Transport Limited. I met with you on March 4, 1994, along with David and Connie Puk on behalf of Brooking Transport Limited. We discussed the Application for Plan of Subdivision that has been proposed for the property east of my clients' lands. Apparently, the developer has been urging the Municipality of Clarington to include a condition in the Development Agreements which would oblige the Municipality to expropriate a portion of land from my clients for the extension of Longworth Street. This has been considered on the basis of the developer's assertion that it had contacted my client and been unsuccessful in negotiations to purchase the property. I would like to make it very clear again, as I did at the meeting, that there has been no contact whatever from this developer for several years concerning the possibility of purchasing this land. Please accept this letter as a clear and strenuous objection on behalf of Brooking Transport Limited to any condition whatever which might lead to the expropriation of a portion of my clients' lands in order to facilitate this development. Such a provision would clearly be unfair and prejudicial to my clients' position and I also question, whether such a provision would be a proper exercise of the powers of the Municipality. Finally, may I ask that you officially note our objection to this Application for a Plan of Subdivision and ensure that we receive notices of meetings of Council or its Committees whenever the continuation of this Application is to be considered. �U_J ,v -2- My clients and I are grateful for the courteous and respectful way which you discussed these issues with us on March 4, 1994. I look forward to hearing from you. Yours very truly, KITCHEN, KITCHEN, SIMESON & MCFARLANE RONALD J. KITCHEN RJK /tp Copy To: Brooking Transport Limited 1 :206 I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: DEV90074 . GPA REPORT Meeting: General Purpose and Administration Committee File # D !4.O [ V q c .c 7�F Date: Monday, February 7, 1994 SgRes. # Report #: PD -12 -94 File #: DEV 90 -074 (X -REF: 18T -90036 & Subject: REZONING REZONING APPLICATION - DWIGHT CHIZEN IN TRUST PART LOT 10, CONCESSION 2, FORMER TOWN OF BOWMANVILLE FILE: DEV 90 -074 (X -REF: 18T -90036 & OPA 90- 077/N) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -12 -94 be received; 2. THAT the proposed revised Plan of Subdivision 18T -90036 dated June 1993, as further red -line revised, as per Attachment No. 1, be Approved subject to the conditions contained in this report; 3. THAT the Mayor and Clerk be authorized, by by -law, to execute a Subdivision Agreement between the Owner and the Municipality at such time as the agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; 4. THAT the attached amendment to By -law 84 -63 be Approved and that the "Holding (H)" symbol be removed by By -law upon execution of the Subdivision Agreement; 5. THAT the Official Plan Amendment application be Closed; 6. THAT Council provide the authority necessary for Staff to undertake expropriation proceedings, should the applicant be unable to obtain the Longworth Ave. connection between Liberty Street and the west limits of the subject lands; 7. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and 8. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Dwight Chizen In Trust 1.2 Agent: G. M. Sernas and Associates 11.66 CiufiCO Ui n(:'.i' aeFR REPORT NO.: PD -12 -94 PAGE 2 1.3 Rezoning Application: from "Agricultural (A) ", to an appropriate zone to permit the development of 297 residential units ... 2 1.4 Subdivision: proposing to develop 82 single family dwelling units, 73 lots for semi - detached /link dwellings (146 units) , 69 street townhouse units, 0.346 ha (0.85 acres) for a local commercial block and 1.937 ha (4.79 acre) park block. 1.5 Land Area: 18.08 Ha (44.67 Acres) 2 LOCATION 2.1 The subject property is located in Part Lot 10, Concession 2, id Former Town of Bowmanville. The property is located south of Concession Road 3, west of Mearns Avenue, north of the Canadian Pacific Railway line and east of Liberty Street. The property abuts Regional Road 14 (Liberty Street) at two locations, one having frontage of 20.2 metres, the other 6.13 metres. 3 BACKGROUND 3.1 An application for Zoning By -law Amendment was originally received by the Municipality of Clarington Planning and Development Department on August 13, 1990. On August 29, 1990 the Region of Durham Planning Department advised the Municipality of an Official Plan Amendment (O.P.A. 90- 077/N) submitted with respect to the subject lands. Application for proposed plan of subdivision was received by the Municipality on September 6, 1990 (18T- 90036). 3.2 A revised rezoning application and subdivision design was received in May of 1992. The revisions to the applications ...3 5 1208 ��b REPORT NO.: PD -12 -94 PAGE 3 provide a net increase of 19 residential units as well as introducing a commercial component to the proposal. The commercial block is proposed to be 0.346 ha (0.85 acres) and accommodate a maximum of 500 square metres of retail commercial floor space. A retail market analysis was not requested. 4 EXISTING AND SURROUNDING USES 4.1 The subject lands are currently vacant and have been used for agricultural production. 4.2 Surrounding land uses include: South: strip residential development fronting on Liberty Street, vacant agricultural land subject to applications for residential development (18T- 87057) and the Canadian Pacific Railway East: agricultural land containing a supporting residential unit, as well as lands subject to Draft Approved development applications. North: strip residential development fronting on Liberty I Street, vacant lands subject to Draft Approved I development applications and new residential development.. West: existing strip residential fronting on Liberty Street, a trucking operation, Liberty Street and new residential development. 5 PUBLIC MEETING AND RESPONSE 5.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands for the original application, as well as the revised application. In addition the appropriate notice was mailed to each landowner and tenant within the prescribed 120 metre distance. ..4 .�7 209 REPORT NO.: PD -12 -94 PAGE 4 5.2 At the original public meeting one neighbouring resident stated concerns with the development as they related to potential drainage problems and future roads abutting their property. Prior to the second Public Meeting, a couple of written submissions were received by Planning Staff on the revised application. One letter objects to additional development in the area and specifically to the rezoning of agriculturally zoned lands. The other correspondence noted concerns with future drainage and potential flooding problems, potential garbage from the site as well as concern for small children around the construction site and equipment. No one appeared at the Public Meetings. 6 OFFICIAL PLAN POLICIES 6.1 Within the Ministry approved June 1991, Durham Regional Official Plan the subject lands are found within the "Living Area" designation. Said policies encourage development with a variety of housing mix and type. The future Longworth Avenue extension which is to bisect the proposed lands is now designated as a type "C" arterial in the 1991 Plan. The proposed 26.0 metre width would appear to conform with the Durham Plan policies. 6.3 Within the Official Plan of the former Town of Newcastle, the subject property is located in Neighbourhood 112C" and is designated "Low Density Residential ". Said neighbourhood also has a population target of 5500 people. The proposal would appear to conform with the population target. 6.4 The- proponents land ownership equals 18.08 ha. The application proposes 297 units or 891 people. The red -line revisions proposed by staff will reduce this total unit yield by one. The density of the application as calculated conforms with the low density residential requirements. ...5 - o JTU REPORT NO.: PD -12 -94 _ PAGE 5 6.5 The local official plan policies permit convenience commercial facilities in residentially designated areas in accordance with projections of need. Neighbourhood commercial facilities shall provide items of daily necessity for the residents of the immediate surrounding neighbourhoods. The policies state that a retail market analysis may not be required by Council ifor convenience commercial facilities. The application would appear to conform to the local Official Plan. l7 ZONING 7.1 The subject lands are currently zoned "Agricultural (A)" and ` "Urban Residential Type One (R1) ". The 11R1" zone only affects that part of the property that fronts on Liberty Street for the first 29 metres. The. proposed residential units and commercial development would not be permitted in the 1 Agricultural (A) zone. It is noted the agricultural zone is utilized in the Municipality's documents as a 'holding' zone, for lands within the urban area, prior to any development approvals. I8 AGENCY COMMENTS 8.1 In accordance with departmental procedure the subject j application was circulated to a number of agencies and j departments for comment. The following agencies /departments provided either no comment or objection to the application as submitted and revised; Ministry of the Environment, Clarington Hydro and the Separate School Board. 8.2 The Public Works Department Staff have discussed the proposed plan of subdivision at length with the proponent. During the discussions the applicant was advised that he is responsible for the connection of Longworth Avenue to Liberty Street. The applicant should make every effort to acquire the lands between Regional Road 14 and the west limits of this plan of ...6 REPORT NO.: PD -12 -94 PAGE 6 subdivision for the above -noted connection. Should the applicant be unable to obtain the required lands for the connection, and the Directors of Public Works and Planning and Development are both satisfied that the applicant has made all reasonable efforts to acquire these lands, the Municipality will then consider expropriation. In dealing with the matter of expropriation, the applicant would be responsible through the conditions of draft approval for the necessary security, for all monies to: • appraise the value of the property, • purchase the lands, including cost of expropriation, • road construction costs, • administration and any other costs deemed necessary by the Directors of Public Works or Planning and Development. Public Works Staff further advised that at such time that the above -noted road connection issue has been resolved, the following conditions are applicable. That a minimum of two accesses be provided for this development. One of the two accesses should be Longworth Avenue. In addition to the typical servicing and design requirements of the Public Works Department, the applicant is responsible for constructing the storm drainage works necessary for this plan in accordance with the West Branch of the Soper Creek Master Drainage Study, dated May 1991, prepared by Marshall Macklin Monaghan and as finally approved by the Director of Public Works. The applicant's engineer will be responsible for the preparation of a Stormwater Management Implementation Report to the satisfaction of the Director of Public Works. The applicant shall be responsible for reimbursing the Municipality for the cost of oversizing the stormwater management works as well as other requirements as noted in the conditions of draft approval. ...7 REPORT NO.: PD -12 -94 PAGE 7 8.3 The Municipality's Community Services Department advised they have no objection to the application as filed subject to Block 174 being accepted as parkland dedication, the Longworth Avenue frontage and services being in place prior to the issuance of the 51st percentile of building permits and that a 1.8 metre high chain link fence be constructed along the east property line of the proposed park. 8.4 The Fire Department has advised that the site falls within the response area of station No. 1. Access routes to the site are all based on future proposals. Concern is therefore expressed that access to the site for fire fighting purposes is not adequately provided based on this site alone. It was further advised that no building permits be issued until all access routes and water supply have been made available. 8.5 Ministry of Natural Resources have advised they have no objection to the proposed rezoning application. A second correspondence provided no objection to the proposed plan of subdivision subject to a number of conditions. The conditions 1 included among other matters final reports to be submitted by j the applicant and approved by the Ministry dealing with i stormwater flow from the site; anticipated impact of the l development on water quality; and erosion and sedimentation control. 8.6 The Central Lake Ontario Conservation Authority Staff has advised that the subject development is situated within the study area of the West Soper Creek Tributary Master Drainage Plan (MDP) . The MDP indicates that certain stormwater run -off `Y controls must be constructed in association with the development of the subject lands. A stormwater detention pond is proposed, immediately north of the C.P.R. lands, to control the flows generated by the upstream development area. The Conservation Authority Staff have no objection to the proposal subject to the conditions noted above. ..8 2 13 - 5'kl REPORT NO.: PD -12 -94 PAGE 8 8.7 Regional Planning Staff advised the application conforms to the Ministry approved Durham Region Official Plan. They further advised that servicing for the site is dependant on the development of the Schickedanz lands (18T- 87057) to the south. A road widening on Regional Road No. 14 (Liberty Street) of 5.18 metres is required as opposed to the 4.572 metre widening shown. In addition, Regional Works requires a traffic study be prepared for their review and approval. 9 STAPP COMMENTS 9.1 In the review of the proposed Plan of Subdivision, Staff is concerned with the lack of adequate road access for this 296 unit subdivision. Currently, the only available access is through Swindells Street which connects to the Melody Homes Subdivision to the north. This single road access is considered inadequate. As a result, appropriate conditions of approval are imposed to: a) require the applicant to acquire land from the abutting property owner to the west (Brooking Transport) to extend and connect Longsworth Ave. to Liberty Street. In the event the applicant fails to acquire the land and the Directors of Public Works and Planning and Development are satisfied that the applicant has made his best effort, the Municipality will then proceed to expropriate part of Brooking Transport land for the purpose of connecting Longsworth Ave. subject to conditions as stated in paragraph 8.2 of this Report; and b) In the event Longsworth Ave. connection to Liberty Street is not provided for prior to registration of the plan of subdivision and that there is no secondary road access other than Swindells Street , then the number of building permits will be restricted to a maximum of 50 dwelling units. ...9 iJ REPORT NO.: PD -12 -94 PAGE 9 9.6 Staff have also identified some design and lotting concerns which will require red -line revisions. Revisions to the application will relocate the on- street townhouses located on Swindells Street, which is to serve as a minor collector function, to the east side of street "E". This results in the reduction of one lot and a slight adjustment to the distribution to dwelling types of 82 single family lots, 74 (148 units) semi /linked lots, and 66 on street townhouse lots. 9.7 The subdivision has been designed with large lot singles abutting the existing single family homes on Liberty Street. As well, singles are proposed to front on Longworth Avenue the major collector road. The convenience commercial block, would be zoned with a Holding (H) prefix which would only be removed after the completion of a site plan agreement. 10 CONCLUSION 10.1 In consideration of the above noted comments Staff would recommend approval of the application for proposed Plan of Subdivision (18T- 90036) to permit the development of a total 296 units. As well, staff would recommend approval of the attached zoning by -law amendment, subject to the removal of the holding symbol at such time as the appropriate subdivision and site plan agreements have been executed. Respectfully submitted, ir���� Franklin Wu, M.C.I.P. Director of Planning and Development Recommended for presentation to the Committee Marie Marano, Acting Chief Administrative Officer CP *FW *cc Attachment #1 - Conditions of Draft Approval Attachment #2 - Proposed Zoning By -law Amendment 27 January 1994 - 1215 54 ...10 REPORT NO.: PD -12 -94 PAGE 10 Persons to be notified of Council and Committee's decision: Dwight Chizen 403 Sackville Street TORONTO, Ontario M4Y 1S6 G. M. Sernas and Associates Ltd. 110 Scotia Court Unit 41 WHITBY, Ontario L1N 8Y7 Mr Michael Puk 273 Liberty Street North BOWMANVILLE, Ontario L1C 3Y6 12 16 Sylvia Brownell 261 Liberty Street North BOWMANVILLE, Ontario L1C 3Y6 Mr. and Mrs. Gough 79 Clayton Crescent BOWMANVILLE, Ontario LIC 2N9 Brooking Transport Ltd. 281 Liberty Street North BOWMANVILLE, Ontario L1C 3Y6 PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T -90036 prepared by G. M. Sernas & Associates Ltd. dated revised June 1993 and further revised in red as per the P lan ) for showing 82 lots for single family detached dwellings, 74 lots (1 units) semi- detached or linked dwellings, Blocks 156 to 167 (66 units) for on- street townhouses, Block 174 for park, Block 175 for Convenience Commercial, and various blocks for reserve, road widening, site triangle etc. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. streets shall be named to the satisfaction of the Municipality of Clai mw ; 3. That all shown on the final plan.& REQUIREMENTS TO BE SATISFIED PRIOR TO SUBlltvt'llu" ti.Tn...... �.. 4. That the Owner shall retain a qualified landscape architect to prepare and submit Landscaping Plan to the Director of Public Works and the Director of Planning and ign criteria Development ment for review and approval. The Landscaping Plan shall reflect the des of the Municipality as amended from time to time. 5. That the Owner shall retain a professional engineer to prepare and submit a Master oval. Drainage and Lot Grading Plan to the Director of Public Works for review wand d from All plans and drawings must conform to the Municipality's Design Criteria as a time to time. 2 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T -90036 prepared by G. M. Sernas & Associates Ltd. dated revised June 1993 and further revised in red as per the attached plan) showing 82 lots for single family detached dwellings, 74 lots (148 units) for semi - detached or linked dwellings, Blocks 156 to 167 (66 units) for on- street townhouses, Block 174 for park, Block 175 for Convenience Commercial, and various blocks for reserve, road widening, site triangle etc. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as ublic highway and P g Y shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Municipality of Clarington and shown on the final plan. REQUIREMENTS NTS TO BE SATISFIED PRIOR TO SUEDIVISION AGREEMENT 1 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 5. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 2 1 l 7 5 -2 -2- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONM 6. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation plan to the Director of planning and Development for review and approval. 7. The applicant will make every effort to acquire the lands between Regional Road 14 (Liberty Street) and the west connection of Longworth Ave. All written communication between the applicant and the abutting property owner should be copied to the Director of Public Works and the Director of Planning and Development for their information. Should the Director of Public Works and the Director of Planning and Development be satisfied that the applicant has made all reasonable efforts to acquire these lands and is unable to obtain the required lands for the above noted connection works, this Municipality will then consider "expropriation ". The applicant would be responsible through the conditions of draft approval for the necessary security (in the forms of unconditional and irrevocable Letters of Credit), for all monies to: (a) appraise the value of the property; (b) purchase of lands, including costs of expropriation; (c) road construction costs; and (d) administration and any other costs as deemed necessary by the Director of Public Works and the Director of Planning and Development. 8. 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. 9. That all easements, road widening, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. 3 -3- REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 10. That the Owner shall dedicate Block 174 for park purposes and further agrees to provide for a 1.8 m high chain link fence at the east limits of the site in accordance to the park Site Master Plan at no cost to the municipality. No building permit, above and beyond fifty one percent (51 %) of the entire subdivision, will be issued by the Municipality until the Longworth Ave. frontage and services abutting the park are completed to the satisfaction of the Director of Community Services. 11. That the Owner shall pay to the Municipality, development charges in accordance with the Development Charge By -law, as amended from time to time, as well as payment of applicable front end charges pursuant to the Development Charge Act, if any are required to be paid by the owner. 12. That the Owner shall provide and install sidewalks, street lights, temporary turning circles i etc. as per the Municipality's standards and criteria. 13. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. i 14. That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement, 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. 15. That prior to the issuance of building permits, the Owner shall retain an architect to prepare and submit an Architectural Control Plan to the Director of Planning and Development. The architect shall further certify that the said Plan has achieved the objectives of providing: a variety of housing style; attractive streetscape treatment; harmony of colour, style and exterior materials used, etc. ..4 1 2 '19 5. -4- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONrD) 16. 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 that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 17. That a minimum of two (2) accesses must be provided to the satisfaction of the Director of Public Works for this development. One of the two accesses shall be Longworth Avenue. At the time of registration, should the sole access to the subdivision be from the north, the number of dwelling units available for construction shall be limited to a maximum of 50. 18. That the storm drainage works necessary for this plan of subdivision are constructed in accordance with the West Branch of Soper Creek Master Drainage Study, dated May, 1991, prepared by Marshall Macklin Monaghan and as finally approved by the Director of Public Works. 19. That prior to the detailed engineering submission, the applicant's engineer prepares a Stormwater Management Implementation Report that details all storm quantity and quality control facilities, erosion protection measures, conveyance of storm drainage, both major and minor systems from this site. In addition, the report should specify the location of the storm connection to which existing storm sewer system the applicant proposes to connect. This report shall be subject to the approval of the Director of Public Works. 20. That the applicant's engineer prepares the " Longworth Avenue engineering design" that details the vertical and horizontal alignments to the satisfaction of the Director of Public Works. The grading of this development should be based on the engineering design of this road. 4 1��0 ��. 5 M 52 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONrD) 21. The applicant will provide a "staging plan" or any other necessary provisions that will control the sequential development of this plan of subdivision to the satisfaction of the Director of Public Works, said plan is to be incorporated in the Subdivision Agreement. 22. That in accordance with the subdivision agreement with Schickedanz Brothers Limited (18T- 87033), the applicant being a benefitting property owner is required to reimburse the Municipality for the cost of oversizing the stormwater management works and any other works as deemed necessary by the Director of Public Works to service this Plan of Subdivision. The applicant's cost are as defined in the above noted agreement and the West :,j Branch of the Soper Creek Cost Sharing Report, draft dated September 1991, prepared by Marshall Macklin Monaghan and as finally approved by the Director of Public Works. 23. That the applicant is required to pay to the Municipality his share of the costs of the Soper Creek Erosion Works. The costs will be included in the subdivision agreement. 24. That the applicant is responsible for the costs of all construction works (roads, sewers, utilities, etc.) required for the connection of Longworth Avenue, Street "B" and Swindells Street to the existing streets. 25. That the applicant will be responsible for all costs (including land acquisition, legal, survey, etc.) associated with the intersection construction of Regional Road 14 and Longworth Avenue. All necessary approvals associated with this intersection construction must be obtained from the Region of Durham and submitted in writing to the Director of Public Works. 26. That both sides of all internal streets be fully serviced (and stubs be provided for all future streets) with water sanitary sewer, storm sewer, hydro, telephone and cable television for any future lots which may front onto any internal streets. ....6 in CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONrD) 27. That 4.5 m X 4.5 m sight triangles be indicated at all 'local street" corners. 28. That temporary turning circles be provided at the terminus of Longworth Avenue, Streets G, F and B. Any lots adjacent to the temporary turning circles should be frozen and building permits withheld until such time as the roadway is extended and development proceeds beyond the limits of this development. The following lots should be held from development at this time to facilitate the temporary turning circles and appropriate maintenance concerns: Lots 13 to 19, 21 to 23, 140 to 142, 145 and 146. 29. That prior to the issuance of the building permits for the above noted lots, the applicant bears the costs of the removal of the existing temporary turning circles at the above noted streets and completes the temporary turning circles to an urban road standard, including asphalt paving, curb and gutter, sodding of boulevards, sidewalks, street lighting and street trees. 30. That the applicant assumes all costs for provision, installation and location of Community Mailboxes to service this subdivision, in a manner satisfactory to the Director of Public Works. 31. That a copy of the Registered Plan be provided to the Municipality on disk compatible for ' CAD system. 32. That all the conditions of the Central Lake Ontario Conservation Authority be satisfied, financially and otherwise. 32. That all the conditions of the Ministry of Natural Resources be satisfied, financially and otherwise. 7 ' i } ll�1�1��I�1� V;rV Li 'v ELOPM /J�r� 1 u`` IQr -Q90t, Z �"t- J�C PARK•4� -y . � ._'_ __ -_ - -_ 11 ___ � � a t tf�"'�' E-NI� R.00I �J. t 8 .! `• �— - - ruwe �ji s � 1 •�• n t . Vi = : f"� . y� ';t+° 1 DRAFT AN -a. I c o u u [ •. G . 17; ,' '�• Q F �► •.-,•a o sumo 40N 1 j �. —_� �' t {� • _ ' N��t t _ s.. - - I WNTCES9CNL0T 70. , l . _11 _ ntr � . • -aJ. 1, RCC10,aK - OF °^. No. S7 E h TM — 1 •�' .aa- _ --- ----- -- - - -- ` mEWCAa� �- f; •J ,ex . �p,y - - --- -- �- - ----n --- `V'✓ D_R- _T_N.. u r u K [ / 1, - ■nb. m �' •' _ T. �1 iC'J.a M'0.l! .c) ` O• -1 iti.o�.,�.° .w y '•� w� ./ •�✓ / �'; _ oEr> =c ME �'_ 'i I lr.'� I�. 1• •� � ^= .� -:.�� - .'1���3cz' LU �/ / � �� / , I ' �.. � � .+r a J n k � :.� 1 1„ 1.1.1..1.. 1 • »... - -}- ,oaR r � -u ,.... r. w, . / �� / �i � � � � � :'s -' •mun- si' s, s w - � - -4 __ -'� naac, 1 _'_' wsn..n v..o�.._ ._ - _ y�/ /- �(- �._. -� �• �r� ;'y .�'� = T'___i_ _i �_'3��;G h�.: r - 1 ,: � y,�_�s \�' ��. ��"^icmK �u�`.`. r L Td LT CD I 1I I I I I I I I I I_. � � I; `; C" � t3 � � —.� • t,; � ,n_ ,. _— _ i,; _,x ._ � _6 c;__I .�. ---- —�,. •�..� 1_lJ.�.�.1.1_L__._l III =-_� _•� _ � ,� , ;r,� -, � n f. �' $� �__Z!- —— —r—� —r T 7— 7— — l —I —I• �li fi� — to —: - - R -- -C 7 _.____ _ - -- V;l __ — —1 ENCLAYESOFLIBERTYSTREET — � � � � i I I I III; -; >o �� J, � •JJ J, J. „ 1' I `, I r 1. - I I _ _ � G.M. SeITk'2S .._ _., -� L l_ I.,y - �{ i` m P '► :I , _ , + • ,n it IJ �: DN: 18T90036.DRA CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T -90036 prepared by G. M. Sernas & Associated Ltd. dated (revised) June 1993 and (further revised in red as per the attached plan) showing 82 lots for single family detached dwellings, 74 lots (148 units) for semi - detached or linked dwellings, Block 156 to 167 (66 units) for on- street townhouses, Block 174 for park, Block 175 for Convenience Commercial, and various blocks for reserve, road widening, site triangle etc. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Municipality of Clarington and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 5. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. ....2 -2- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONTU 6. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation plan to the Director of Planning and Development for review and approval. 7. That prior to final approval for registration of this plan, Longworth Avenue shall be connected between this plan of subdivision and Liberty Street. However, lots fronting on Swindells Street may proceed toward registration without the necessity of Longworth Avenue being extended to Liberty Street. 8. 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. 9. That all easements, road widening, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 10. That the Owner shall dedicate Block 174 for park purposes and further agrees to provide for a 1.8 m high chain link fence at the east limits of the site in accordance to the park Site Master Plan at no cost to the municipality. No building permit, above and beyond fifty one percent (51 %) of the entire subdivision, will be issued by the Municipality until the Longworth Ave. frontage and services abutting the park are completed to the satisfaction of the Director of Community Services. 11. 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. ...3 -3- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONTD) 12. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 13. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 14. 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 deposit as may be required by the Municipality. 15. That prior to the issuance of building permits, the Owner shall retain an architect to prepare and submit an Architectural Control Plan to the Director of Planning and Development. The architect shall further certify that the said Plan has achieved the objectives of providing: a variety of housing style; attractive streetscape treatment; harmony of colour, style and exterior materials used, etc. 16. 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 Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 17. That the storm drainage works necessary for this plan of subdivision are constructed in accordance with the West Branch of Soper Creek Master Drainage Study, dated May, 1991, prepared by Marshall Macklin Monaghan and as finally approved by the Director of Public Works. ...4 -4- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONTU 18. That prior to the detailed engineering submission, the applicant's engineer prepares a Stormwater Management Implementation Report that details all storm quantity and quality control facilities, erosion protection measures, conveyance of storm drainage, both major and minor systems from this site. In addition, the report should specify the location of the storm connection to which existing storm sewer system the applicant proposes to connect. This report shall be subject to the approval of the Director of Public Works. 19. That the applicant's engineer prepares the "Longworth Avenue engineering design" that details the vertical and horizontal alignments to the satisfaction of the Director of Public Works. The grading of this development should be based on the engineering design of this road. 20. The applicant will provide a "staging plan" or any other necessary provisions that will control the sequential development of this plan of subdivision to the satisfaction of the Director of Public Works, said plan is to be incorporated in the Subdivision Agreement. 21. That in accordance with the subdivision agreement with Schickedanz Brothers Limited (18T- 87033), the applicant being a benefitting property owner is required to reimburse the Municipality for the cost of oversizing the stormwater management works and any other works as deemed necessary by the Director of Public Works to service this Plan of Subdivision. The applicant's cost are as defined in the above noted agreement and the West Branch of the Soper Creek Cost Sharing Report, draft dated September, 1991, prepared by Marshall Macklin Monaghan and as finally approved by the Director of Public Works. 22. That the applicant is required to pay to the Municipality his share of the costs of the Soper Creek Erosion Works. The costs will be included in the subdivision agreement. 5 -5- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONTU 23. That the applicant is responsible for the costs of all construction works (roads, sewers, utilities, etc.) required for the connection of Longworth Avenue, Street "B" and Swindells Street to the existing streets. 24. That both sides of all internal streets be fully serviced ( and stubs be provided for all future streets) with water sanitary sewer, storm sewer, hydro, telephone and cable television for any future lots which may front onto any internal streets. 25. That 4.5 m X 4.5 m sight triangles be indicated at all "local street" corners. 26. That temporary turning circles be provided at the terminus of Longworth Avenue, Streets G, F and B. Any lots adjacent to the temporary turning circles should be frozen and building permits withheld until such time as the roadway is extended and development proceeds beyond the limits of this development. The following lots should be held from development at this time to facilitate the temporary turning circles and appropriate maintenance concerns: Lots 13 to 19, 21 to 23, 140 to 142, 145 and 146. 27. That prior to the issuance of the building permits for the above noted lots, the applicant bears the costs of the removal of the existing temporary turning circles at the above noted streets and completes the temporary turning circles to an urban road standard, including asphalt paving, curb and gutter, sodding of boulevards, sidewalks, street lighting and street trees. 28. That the applicant assumes all costs for provision, installation and location of Community Mailboxes to service this subdivision, in a manner satisfactory to the Director of Public Works. 29. That a copy of the Registered Plan be provided to the Municipality on disk compatible for CAD system. E CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 30. That all the conditions of the Central Lake Ontario Conservation Authority be satisfied, financially and otherwise. 31. That all the conditions of the Ministry of Natural Resources be satisfied, financially and otherwise. 1 �4ll11�11ll111L__= - i � ;� u�r u E G 'v f L O P w N- 7 � ,Y• rer -eso.r ••; N)VRC PARK'4� It r � E � _ — — :• /` :—]_ ,o -nom ___ � - - -_� w r �„ � it �_ „�. - - - • -,. ;�. - -- -- ' — " -- -- Ii FI - -- -- ' �F >R E''.i�.` ` •�.v ' i c' y PaoPOSSDY v•.. I - I }lLJ I ; •;f 7- E := f= - -`..; - 2 'r' / DRAFT PLAN SUM�ISION CF NNE T , 1 jr j�} I LOT 7D , ccNCESS10N C Ow wCRCrw y J rT 1 o.+n "p 0t Dort' t L � } 'f — I - 1 h n» TOWN OF --ll gun Or _ � , +.00c,q ' - �_ , - � � �I .ss 3a >t ]° • rnt'"c_ ',t.. ` _ -- ---'___ -___ _- -_ .,=g r ��_ ]o�.c[�- °- -•= —KT -' \ — — — —_ — I {I L. • - 1 Y R T H - ----- - -- --- V PLAN 18T- r�-. D E� _ , -_ ' 1 _ - --•r-' �-•=a ° • .^..� - +...•, • 1 --- - - - - -- �: �: - - -- - - - -- ► n•A aodc,n •, .t IV �_/''1 '�' w , c H '� � _- `__� f` eLE• v �a � ,1 't' y,LJ 1 � If ,�s 'u '�' � � I u_� � �.:, _ / - \ '� - / ^� a [ w s , > r � ; � r - '' DEVEL irE .: � . � 1'"! ->1'�� 1 t;.. 1• '� �=..m .�..'.•. �.... �.... . /-� ��� - =" •i .� ? 1•J- 1.1.•1•• i -� wraen,wn 'caa.,,.. C /' /\ , ' % �I •• � .Rx fan I ..f r.• . .. J .> •• .:... f - u = �• � � \ i �- .._ -`_r•A P.•n ___ �� '1 r• ~ r r• � S _ �. _ _ C • ts.a... g�.' ��� .a .r._ _ /) / ._ •`, •` _'__ I �"5�" it S) i i f3 _ r i , __ -- _ t i -,N — "w .. -u. _ 1 L.--j - I I I I I —I —I (— III IL- x '• - -- �! -x 1. I I - -- r R - '" : _ _ I :1 -1 - ENCLAVES OF LIBERii STREET (—1 I I li ;I -:- -- -� --�T'- --- ; s r —_ I i Tar -000ae T r- -1 G M..S�dT18$ I I 1 I I I I •• Aasoc�at a Ld. I I I I I III n . »...n » ). �• I `'• I �• t. ..1 -- I � � t... � �• G"I .' — L L L- 1. L- L L- t_ L L L.y• � ---y� - -{ ,,� " '� ro p a :II _- r � • ,x fn ` - .. i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 94- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipality of Clarington has recommended approval to the Region of Durham of proposed red -line revisions to draft Plan of Subdivision 18T- 90036. 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 to implement the red -line revised Plan of Subdivision. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By -law 84 -63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" to "Urban Residential Type One - Holding ((H)R1)" "Agricultural (A)" to "Urban Residential Type Two - Holding ((H)R2)" "Agricultural (A)" to "Urban Residential Type Three - Holding ((H)R3)" "Agricultural (A)" to "Neigbbourhood Commercial - Holding ((H)C2)" as shown on the attached Schedule "A" hereto. 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 BY -LAW read a second time this day of 1994. day of 1994. BY -LAW read a third time and finally passed this day of 1994. MAYOR CLERK This is Schedule "A" to By-law 94- —3 passed this—day ..... ....... of—, 1994 A.D. ZONING CHANGE FROM �' ro '(n)m' 8�00 ZONING CHANGE FROM ZONING CHANGE FROM 'A'To'(*)na' ZONING CHANGE FROM muvu, / LOT 10 , CONCESSION 2 /| \ \ `----- LU Ld _j 0 25 50 loom 50M 0 T || LOT 0 LOT 9 � z o _ m �z o C) l - U 11� |LL ~ ...... ..... ..... ....... LLJ T || LOT 0 LOT 9 � z o _ m �z o C) l - U 11� |LL ~