HomeMy WebLinkAboutPSD-081-04
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Cl!l!illgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, June 21, 2004
Report #:
PSD-081-04
File #: 18T 87085
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By-law #:
Subject:
AMENDMENT TO DRAFT APPROVED PLAN 18T- 87085 TO PERMIT THE
DEVELOPMENT OF 74 RESIDENTIAL UNITS
MAPLE WOODS LAND CORPORATION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 . THAT Report PS 0-081-04 be received;
2. THAT the amendment to Draft Approved Plan of Subdivision 18T-87085, submitted by
Maple Woods Land Corporation be APPROVED as shown on Attachment #3, subject to
conditions contained in Attachment #4;
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
o vi . Crome, MCIP, R.P.P.
Director of Planning Services
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Reviewed by:~-) , . -
Franklin Wu,
Chief Administrative Officer
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June 16, 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830
699001
REPORT NO.: PSD-081-04
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Maple Woods Land Corporation Development Corp. Ltd.
1.2 Agent: Glenn Genge, D.G. Biddle & Associates
1.3 Amendment to Draft Approved Plan of Subdivision 18T-87085
i) From: 63 single detached residential units
To: 74 residential units compromising 23 lots with 12 metre frontages and
3 lots with 15 metre frontages for single detached dwellings, 48 lots with
18 metre frontage for semi/link dwellings.
ii) Re-alignment of east-west collector road (Freeland Avenue) to conform
with Clarington Official Plan;
1.4 Site Area: 5.331 hectares (13.172 acres).
2. LOCATION
2.1 The subject lands are located east of Scugog Street, north of St. Stephen's High
School, being Part Lot 13 &14, Concession 2 in the former Town of Bowmanville
(Attachment #1 ).
3. SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The subject lands consists of a hardwood woodlot approximately 80 years old, and
grassy fields. There are no buildings on the lands subject.
3.2 Surrounding Uses
North - vacant lands, Draft Approved Plan of Subdivision 18T- 87089
South - residential, St. Stephen's High School;
West - residential, Durham Christian High School; and
East- vacant lands, Draft Approved Plan of Subdivision 18T- 87086
4. BACKGROUND
4.1 On September 4th 1992, the Region of Durham issued Draft Approval for Plan of
Subdivision 18T-87085. It was Draft Approved for 67 lots for single detached dwellings.
On February 21 1996, the Region issued an amendment to the Draft Approved Plan
6~9002
REPORT NO.: PSD.081-04
PAGE 3
because a portion of the site was purchased by the Northumberland Newcastle
Peterborough Victoria Catholic School Board for the construction of St. Stephen's High
School. As a result the number of residential units was reduced to 63 single detached
units.
4.2 In both previously approved plans, an east-west collector road bisected the subject
property with two ninety degree (90) bends before reaching Scugog Street. The
Clarington Official Plan, approved in 1996, shows the collector road in a straight
alignment to Scugog Street, eliminating the ninety degree (90) bends (Attachment 2). In
October 2003, Maple Woods Lands Corporation purchased the Draft Approved Plan of
Subdivision. Prior to purchasing the lands, the applicant met with staff to discuss the
timing for the development. Staff requested that the draft approved plan be amended to
reflect the collector alignment in keeping with the Clarington Official Plan.
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Region Official Plan
The lands are designated as "Living Area" within the Durham Regional Official Plan.
Lands designated as "Living Area" permit the development of communities with defined
boundaries, incorporating the widest possible variety of housing types, sizes and tenure.
The proposed uses conform to the 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 use of land in this designation is predominantly for
single and semi detached housing. The lands are within the Knox Neighbourhood,
which has a population allocation of 5400 and a housing unit target of 1900. The
proposed uses conform to the Plan.
5.3 On Map C, Natural Heritage System, a significant woodlot is identified on the site. An
Environmental Impact Study is required for development proposals within or adjacent to
significant features identified on Map C. However, the Plan of Subdivision was draft
approved in 1992, prior to the policies of the 1996 Clarington Official Plan. The Draft
Approved Plan retained a majority of the woodlot within the park block.
6. ZONING BY -LAW
6.1 Within Comprehensive Zoning By-law 84-63, as amended the lands are zoned "Holding
- Urban Residential Type One (H)(R1)" Zone and "Holding-Urban Residential Type Two
(H)(R2)" Zone. The proposed amendment to the Draft Approved Plan of Subdivision
complies with the provisions of the current zoning by-law. The applicant will however be
required to file an application to removal the Holding symbol prior to receiving a building
permits.
699003
REPORT NO.: PSD-081-04
PAGE 4
7.0 AGENCY COMMENTS
The following agencies provided comments:
7.1 The Clarington Emergency and Fire Services offered no objections.
7.2 The Engineering Services Department comments are summarized below;
· The Block 58 be conveyed to the Municipality as road widening.
· The developer will be responsible for all costs associated with closing the
unused portion of the old Scugog Street once the new Scugog Street is
realized. In addition, the developer will be responsible for the costs
associated with extending the driveways of 340, 360 and 368 Scugog Street.
· Scugog Street is tentatively scheduled for reconstruction to an urban standard
in 2006. Actual development cannot occur until the Municipality has
reconstructed Scugog Street in a manner that will facilitate construction of the
subdivision. Any final decision regarding the timing of reconstruction is at the
sole discretion of the Director of Engineering Services.
· The future reconstruction of Scugog Street will include a realignment of the
roadway and construction of a new intersection at Scugog Street and Street
"A" (Freeland Avenue). The subdivision agreement must detail how the road
construction works will be co-ordinated between the Municipality and
developer. The agreement must also detail cost sharing arrangement
between the Municipality and developer to facilitate development.
· As a beneficiary of downstream oversize works in the Northwest Bowmanville
sub-watershed area, the applicant will be required to reimburse the
downstream front ending developers for an appropriate share of the cost of
these works. The subdivision agreement must provide appropriate clauses
that make provision for timing and amount of the future front end payment.
Any required payments shall be determined in accordance with the provisions
of the Development Charges legislation and shall be to the satisfaction of the
Municipality's solicitor and the Director of Engineering Services.
. A Preliminary Lot Grading and Drainage will be required.
· The Parks Division requires a tree inventory and analysis for all trees in the
proposed park block greater that 100mm caliper. The preservation of existing
vegetation is preferred. A Tree Preservation Plan and Report prepared by a
certified arborist must address the potential impacts of subdivision
development on the existing trees and must recommend measures that will
mitigate the potential impacts of development.
699004
REPORT NO.: PSD-081-04
PAGE 5
7.3 Central Lake Ontario Conservation Authority offers no objection to the amendment to
the draft approved plan. The Authority has amended the conditions to reflect their role in
clearing conditions on behalf of the Ministry of Natural Resources.
7.4 The Region of Durham has no objection of the revised draft plan, however offer
comments with respect to the method of servicing.
Municipal Water Supplv
Municipal Water Supply is available to the subject site from the existing 300mm
watermain on Scugog Street. The developer will be required to extend a 300 mm
watermain from Freeland Avenue and loop the watermain between the proposed Street
'B' on easement to Scugog Street.
Municipal Sanitary Sewer Services
Municipal sanitary sewer servicing is presently not available to the subject site. The
developer will be required to extend a 375mm sanitary sewer from the existing
termination point on Scugog Street to the north limit of the re-aligned Scugog Street.
The draft conditions of draft approval provided on September 4, 1992 and amended
February 21 1996 still apply.
7.5 The Peterborough Victoria Northumberland and Clarington Separate School Board has
requested that adequate provisions be made for sidewalks.
7.6 The Kawartha Pine Ridge District School Board offer no objection.
7.7 Bell Canada, Enbridge Gas, Rogers Cable and Veridian offer no objection.
8.0 STAFF COMMENTS
8.1 The applicant has requested an amendment to the existing Draft Approved Plan of
Subdivision to change the location of the collector road, also known as Freeland
Avenue and to increase the number of dwelling units.
8.2 The road configuration is in keeping with the alignment of Freeland Avenue identified in
the Clarington Official Plan. The lot configuration has changed, but is in keeping with
low density single and semi detached units and does not affect the existing zoning on
the property.
8.3 The previous plan consisted of single detached lots with 15 metre and 12 metre
frontages. The revision proposes to convert the lots zoned R 1 from 15 metre single
detached lots to link lots with individual part lot frontages of apprOXimately 11.4 metres
larger that the usual 9 metres. This will still provide for relatively low density yet provide
a variety of housing types for this project.
699005
REPORT NO.: PSD-081-04
PAGE 6
8.4 The Parks Division has identified the woodlot as containing an 80 year old hardwood
trees. The park block will be combined with the park block in the adjacent Draft
Approved Plan of Subdivision (18T -89086). An informal walkway trail is envisaged
through the woodlot area. The Tree Preservation Plan will identify the trees that should
be maintained and measures to mitigate any potential impact from the development.
The walkway from the cul-de-sac to the park block has been eliminated from the
proposed amendment to the Draft Approved Plan to control access through the woodlot.
Access to the park will be from Freeland Avenue.
8.5 The applicant concurs with the Conditions of Draft Approval.
8.6 The Finance Department advises that there are no outstanding taxes applicable to this
site.
9.0 CONCLUSION
9.1 In consideration of the comments received from circulated agencies and review of the
proposal, staff recommend approval of the amendment to Draft Approved for Draft Plan
of Subdivision 18T-87085.
Attachments;
Attachment 1- Key Map
Attachment 2 - Previously Draft Approved Plan (1996)
Attachment 3 - Amendment to Approved Plan of Subdivision
Attachment 4- Revised Conditions of Draft Approval
List of Interested Parties to be advised of Council's decision
Mr. Hannu Halminen
Maple Woods Land Corporation
1748 Baseline Road
Courtice ON L 1 E 2T1
James Griffin
368 Old Scugog St.
Bowmanville, ON L 1 C 3K2
Mr. Glenn Genge
DG Biddle & Associates
96 King Street East
Oshawa, ON L 1 H 1 B6
699006
CONDITIONS OF DRAFT APPROVAL
Revised Draft Plan of Subdivision 18T-87085
Part Lot 13 and 14, Concession 2, Former Town of Bowmanville
Dated June 21, 2004
Conditions of Draft Approval issued by the Region of Durham on September 4, 1992 revised
February 21, 1996 are hereby revoked in their entirety and replaced with the following
conditions.
1. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision 18T-87085, prepared by D. G. Biddle and Associates dated December
2003, and revised April 4, 2004, which illustrates 50 lots for 26 single detached
dwellings, 24 lots for 48 semi detached dwellings, blocks for a park, two walkways,
roads and road widenings.
2. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
3. The Owner shall name road allowances included in this draft plan to the satisfaction of
the Regional Municipality of Durham and the Municipality of Clarington.
4. The Owner shall dedicate Block 56 to the Municipality of Clarington as public highway
for the purpose of realigning and widening Scugog Street.
5. Actual development cannot proceed until such time as the Municipality has
reconstructed Scugog Street to an urban standard in a manner that will facilitate
construction of the subdivision. Any final decision regarding the timing of actual
construction will be made solely at the discretion of the Director of Engineering
Services. The future reconstruction of Scugog Street will include a realignment of
roadway and construction of a new intersection at Scugog Street and Street A (Freeland
Avenue). The Owner shall agree in the Municipality's subdivision agreement
appropriate clauses that identify how the construction of Scugog Street and the
construction of the internal subdivision works will be co-ordinated between the
Municipality and the Owner. Furthermore, the Owner agrees to pay to the Municipality
cost sharing agreements that will be necessary between the Municipality and the
developer to facilitate development.
6. The Owner shall agree in the Municipality's subdivision agreement that in the event that
18T-87085 proceeds prior to 18T-87086, a temporary turning circle will be constructed
on the east boundary of Freeland Avenue in Plan 18T-87085 and that those lots fronting
on the temporary turning and cannot be developed until such time as the Freeland
Avenue is extended into 18T-87086.
7. Where required by the Municipality of Clarington, the Owner shall convey 0.3 metre
reserves to terminate any dead ends and/or open sides of road allowances created by
this draft plan to the Municipality of Clarington.
699007
Page 1
8. The Owner shall dedicate Blocks 52 and 53 to the Municipality of Clarington as public
walkways.
9. The Owner shall convey Block 54, to the Municipality of Clarington for park or other
public recreational purposes in accordance with the Planning Act.
10. The Owner shall be responsible for the costs associated with closing, restoring and
conveying that portion of Scugog Street which will no longer form part of the municipal
right-of-way, and to provide access to the newly aligned Scugog Street from the
properties identified under Roll Numbers 020-010-04900,020-010-04800 and 020-010-
04750. The closure of this portion of Scugog Street will be subject to the approval of
Council and must be carried out in accordance with the Municipality's Road Closure
Policy and to the satisfaction of the Municipality of Clarington's Director of Engineering
Services.
11. The Owner agrees that all land dedications required by any agency for the subject
development shall be free and clear of any encumbrances and in a form satisfactory to
their respective solicitors.
12. The Owner shall grant such easements as may be required for utilities, drainage and
servicing purposes to the appropriate authorities.
13. The Owner shall submit plans showing the proposed phasing to the Region and
Municipality for review and approval if this subdivision is to be developed by more than
one registration.
14. The Owner will be responsible for 100% of the cost of constructing sidewalk
connections between the subject subdivision and the residential neighbourhood to the
east.
15. The Owner must 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, including, but not limited to the requirements that follow.
16. The Owner shall provide and install sidewalks, street lights, temporary turning circles,
centralized mailboxes, signage etc. as per the Municipality's standards and criteria.
17. The Owner shall cause all utilities, including hydro, telephone, Cable TV etc. to be
buried underground.
18. The Owner agrees that prior to 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.
699008
Page 2
19. No building permit shall be issued for the construction of any building on any residential
block on said plan, until the exterior architectural design of each building and location of
the building on the lot has been approved by the Municipality of Clarington.
20. No residential units shall be offered for sale to the public on said plan until such time as
the exterior architectural design of each building has been approved by the Director
Planning Services.
21. The Owner shall be 100% responsible for the cost of any architectural design guidelines
specific to this development, as well as 100% of the costs for the "Municipality's Control
Architect" to review and approve all proposed models to the satisfaction of the Director
of Planning Services.
22. The Owner shall provide the Municipality of Clarington unconditional and irrevocable,
Letters of Credit acceptable to the Municipality's Treasurer, with respect to the
Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other
guarantees or deposits as may be required by the Municipality.
23. The Owner shall pay to the Municipality, the development charge in accordance to the
Development Charges By-law as amended from time to time, as well as payment of a
portion of front end charges pursuant to the Development Charges Act if any are
required to be paid by the Owner.
24. The Owner shall supply on disk, in a CAD format acceptable to the Municipality, a copy
of the proposed Plan of Subdivision as shown as an amendment Draft Approved.
25. 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 sewers and
water supply facilities are to be designed and constructed according to the standards
and requirements of the Regional Municipality of Durham. All arrangements 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.
26. The land uses shown on the approved draft plan shall be placed in appropriate zoning
categories in a Zoning By-law passed by the Council of the Municipality of Clarington in
accordance with The Planning Act 1983, as amended.
27. The Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan showing the landscape treatment for the street boulevards to the
Municipality of Clarington for review and approval. The Landscaping Plan shall reflect
the design criteria of the Municipality as amended from time to time.
28. The Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Municipality of Clarington for review and approval.
All plans and drawings must conform to the Municipality's Design Criteria as amended
from time to time.
699009
Page 3
29. The Owner shall retain a qualified consultant to prepare and submit a Tree Preservation
Plan to the Municipality of Clarington for review and approval.
30. The Owner shall agree through the Municipality's subdivision agreement that where the
well or private water supply of any person is interfered with as a result of construction or
the development of the subdivision, the Owner shall at his expense, either connect the
affected party to the municipal water supply system or provide a new well or private
water system so that water supplied to the affected party shall be of quality and quantity
at least equal to the quality and quantity of water enjoyed by the affected party prior to
the interference.
31. Prior to entering into a subdivision agreement, the Regional Municipality of Durham
shall be satisfied that adequate water pollution control plant and water supply capacities
are available to the proposed subdivision.
32. 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 Region concerning the provision and
installation of sanitary sewers, water supply, road and other regional services.
33. The Owner shall submit a Master Drainage Plan for Northwest Bowmanville prepared
by a qualified engineer to the Central Lake Ontario Conservation Authority and the
Municipality of Clarington for their review and approval. The Master Drainage Plan shall
recommend stormwater management methods which will not impact the waste disposal
site on the west side of Bowmanville Creek in the area north of Jackman Road.
34. The Ministry of the Environment shall confirm that the Master Drainage Plan for
Northwest Bowmanville, as approved by the Municipality of Clarington, and the Central
Lake Ontario Conservation Authority, referred to in Condition 34, does not impact on the
waste disposal site on the west side of the Bowmanville Creek in the area of Jackman
Road.
35. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain among other matters the following provisions:
a) That the Owner shall carry out or cause to be carried out to the
satisfaction of the Central Lake Ontario Conservation:
i) Site grading, sedimentation control and major overland flow
routing; and
ii) the requirements of the Northwest Bowmanville Area Master
Drainage Plan as they pertain to this site.
b) That the Owner shall carry out or cause to be carried out to the
satisfaction of the Central Lake Ontario conservation, the
recommendations contained in the stormwater management
sedimentation and erosion control plans required in condition 35 a).
699010
Page 4
c) That the Owner shall maintain all stormwater management and
erosion control structures operating and in good repair during the
construction period, in a matter satisfactory to Central Lake Ontario
Conservation.
d) That the Owner shall notify Central Lake Ontario Conservation at
least 48 hours prior to the initiation of anyon-site development.
36. The Owner shall agree in the subdivision agreement in words satisfactory to Bell
Canada, any easements that may be required for telecommunication services.
The Owner shall enter into an agreement (Letter of Understanding) with Bell Canada
complying with any underground services conditions imposed by the Municipality, and if
no such conditions are imposed for the Owner shall advise the Municipality of the
arrangement made for such servicing.
37. 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) The Region of Durham, how Conditions 3, 13,25,31, and 32 have been satisfied;
b) Central Lake Ontario Conservation Authority, how Conditions 33, 34, and 35 have
been satisfied.
c) The Ministry of the Environment how Condition 34 has been satisfied.
d) Bell Canada how Condition 36 has been satisfied.
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three 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 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 proper 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 Title system within the Regional
Municipality of Durham.
699011
Page 5
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:
i)
Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario L 1 H 3T3 (90S) S79-0411
ii)
Region of Durham Works Department, 10S Consumers Dive, Whitby, Ontario
L 1 N 6A2 (90S) 668-7721
iii)
Ministry of Environment, York-Durham Office, Ministry of Environment, 230
Westney Road, Sth Floor, Ajax, Ontario L 1 S 7 JS.
iv)
Bell Canada, Right-of-Way, Floor S, 100 Borough Drive, Floor S, Scarborough,
Ontario M1P4W2
699012
Page 6
ATTACHMENT 1
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18T -87085
Draft Plan of Subdivision
As Revised December 16, 2003
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Owner: Maple Woods Land Corp.
699013
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Recommended Amendment to Draft Approval
699015
ATTACHMENT 4
CONDITIONS OF DRAFT APPROVAL
Revised Draft Plan of Subdivision 18T-87085
Part Lot 13 and 14, Concession 2, Former Town of Bowmanville
Dated June 21, 2004
Conditions of Draft Approval issued by the Region of Durham on September 4, 1992 revised
February 21, 1996 are hereby revoked in their entirety and replaced with the following
conditions.
1. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision 18T-87085, prepared by D. G. Biddle and Associates dated December
2003, and revised April 4, 2004, which illustrates 50 lots for 26 single detached
dwellings, 24 lots for 48 semi detached dwellings, blocks for a park, two walkways,
roads and road widenings.
2. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
3. The Owner shall name road allowances included in this draft plan to the satisfaction of
the Regional Municipality of Durham and the Municipality of Clarington.
4. The Owner shall dedicate Block 56 to the Municipality of Clarington as public highway
for the purpose of realigning and widening Scugog Street.
5. Actual development cannot proceed until such time as the Municipality has
reconstructed Scugog Street to an urban standard in a manner that will facilitate
construction of the subdivision. Any final decision regarding the timing of actual
construction will be made solely at the discretion of the Director of Engineering
Services. The future reconstruction of Scugog Street will include a realignment of
roadway and construction of a new intersection at Scugog Street and Street A (Freeland
Avenue). The Owner shall agree in the Municipality's subdivision agreement
appropriate clauses that identify how the construction of Scugog Street and the
construction of the internal subdivision works will be co-ordinated between the
Municipality and the Owner. Furthermore, the Owner agrees to pay to the Municipality
cost sharing agreements that will be necessary between the Municipality and the
developer to facilitate development.
6. The Owner shall agree in the Municipality's subdivision agreement that in the event that
18T-87085 proceeds prior to 18T-87086, a temporary turning circle will be constructed
on the east boundary of Freeland Avenue in Plan 18T-87085 and that those lots fronting
on the temporary turning and cannot be developed until such time as the Freeland
Avenue is extended into 18T-87086.
7. Where required by the Municipality of Clarington, the Owner shall convey 0.3 metre
reserves to terminate any dead ends and/or open sides of road allowances created by
this draft plan to the Municipality of Clarington.
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8. The Owner shall dedicate Blocks 52 and 53 to the Municipality of Clarington as public
walkways.
9. The Owner shall convey Block 54, to the Municipality of Clarington for park or other
public recreational purposes in accordance with the Planning Act.
10. The Owner shall be responsible for the costs associated with closing, restoring and
conveying that portion of Scugog Street which will no longer form part of the municipal
right-of-way, and to provide access to the newly aligned Scugog Street from the
properties identified under Roll Numbers 020-010-04900, 020-010-04800 and 020-010-
04750. The closure of this portion of Scugog Street will be subject to the approval of
Council and must be carried out in accordance with the Municipality's Road Closure
Policy and to the satisfaction of the Municipality of Clarington's Director of Engineering
Services.
11. The Owner agrees that all land dedications required by any agency for the subject
development shall be free and clear of any encumbrances and in a form satisfactory to
their respective solicitors.
12. The Owner shall grant such easements as may be required for utilities, drainage and
servicing purposes to the appropriate authorities.
13. The Owner shall submit plans showing the proposed phasing to the Region and
Municipality for review and approval if this subdivision is to be developed by more than
one registration.
14. The Owner will be responsible for 100% of the cost of constructing sidewalk
connections between the subject subdivision and the residential neighbourhood to the
east.
15. The Owner must 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, including, but not limited to the requirements that follow.
16. The Owner shall provide and install sidewalks, street lights, temporary turning circles,
centralized mailboxes, signage etc. as per the Municipality's standards and criteria.
17. The Owner shall cause all utilities, including hydro, telephone, Cable TV etc. to be
buried underground.
18. The Owner agrees that prior to 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.
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19. No building permit shall be issued for the construction of any building on any residential
block on said plan, until the exterior architectural design of each building and location of
the building on the lot has been approved by the Municipality of Clarington.
20. No residential units shall be offered for sale to the public on said plan until such time as
the exterior architectural design of each building has been approved by the Director
Planning Services.
21. The Owner shall be 100% responsible for the cost of any architectural design guidelines
specific to this development, as well as 100% of the costs for the "Municipality's Control
Architect" to review and approve all proposed models to the satisfaction of the Director
of Planning Services.
22. The Owner shall provide the Municipality of Clarington unconditional and irrevocable,
Letters of Credit acceptable to the Municipality's Treasurer, with respect to the
Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other
guarantees or deposits as may be required by the Municipality.
23. The Owner shall pay to the Municipality, the development charge in accordance to the
Development Charges By-law as amended from time to time, as well as payment of a
portion of front end charges pursuant to the Development Charges Act if any are
required to be paid by the Owner.
24. The Owner shall supply on disk, in a CAD format acceptable to the Municipality, a copy
of the proposed Plan of Subdivision as shown as an amendment Draft Approved.
25. 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 sewers and
water supply facilities are to be designed and constructed according to the standards
and requirements of the Regional Municipality of Durham. All arrangements 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.
26. The land uses shown on the approved draft plan shall be placed in appropriate zoning
categories in a Zoning By-law passed by the Council of the Municipality of Clarington in
accordance with The Planning Act 1983, as amended.
27. The Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan showing the landscape treatment for the street boulevards to the
Municipality of Clarington for review and approval. The Landscaping Plan shall reflect
the design criteria of the Municipality as amended from time to time.
28. The Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Municipality of Clarington for review and approval.
All plans and drawings must conform to the Municipality's Design Criteria as amended
from time to time.
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29. The Owner shall retain a qualified consultant to prepare and submit a Tree Preservation
Plan to the Municipality of Clarington for review and approval.
30. The Owner shall agree through the Municipality's subdivision agreement that where the
well or private water supply of any person is interfered with as a result of construction or
the development of the subdivision, the Owner shall at his expense, either connect the
affected party to the municipal water supply system or provide a new well or private
water system so that water supplied to the affected party shall be of quality and quantity
at least equal to the quality and quantity of water enjoyed by the affected party prior to
the interference.
31. Prior to entering into a subdivision agreement, the Regional Municipality of Durham
shall be satisfied that adequate water pollution control plant and water supply capacities
are available to the proposed subdivision.
32. 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 Region concerning the provision and
installation of sanitary sewers, water supply, road and other regional services.
33. The Owner shall submit a Master Drainage Plan for Northwest Bowmanville prepared
by a qualified engineer to the Central Lake Ontario Conservation Authority and the
Municipality of Clarington for their review and approval. The Master Drainage Plan shall
recommend stormwater management methods which will not impact the waste disposal
site on the west side of Bowmanville Creek in the area north of Jackman Road.
34. The Ministry of the Environment shall confirm that the Master Drainage Plan for
Northwest Bowmanville, as approved by the Municipality of Clarington, and the Central
Lake Ontario Conservation Authority, referred to in Condition 34, does not impact on the
waste disposal site on the west side of the Bowmanville Creek in the area of Jackman
Road.
35. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain among other matters the following provisions:
a) That the Owner shall carry out or cause to be carried out to the
satisfaction of the Central Lake Ontario Conservation:
i) Site grading, sedimentation control and major overland flow
routing; and
ii) the requirements of the Northwest Bowmanville Area Master
Drainage Plan as they pertain to this site.
b) That the Owner shall carry out or cause to be carried out to the
satisfaction of the Central Lake Ontario conservation, the
recommendations contained in the stormwater management
sedimentation and erosion control plans required in condition 35 a).
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c) That the Owner shall maintain all stormwater management and
erosion control structures operating and in good repair during the
construction period, in a matter satisfactory to Central Lake Ontario
Conservation.
d) That the Owner shall notify Central Lake Ontario Conservation at
least 48 hours prior to the initiation of anyon-site development.
36. The Owner shall agree in the subdivision agreement in words satisfactory to Bell
Canada, any easements that may be required for telecommunication services.
The Owner shall enter into an agreement (Letter of Understanding) with Bell Canada
complying with any underground services conditions imposed by the Municipality, and if
no such conditions are imposed for the Owner shall advise the Municipality of the
arrangement made for such servicing.
37. 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) The Region of Durham, how Conditions 3, 13,25,31, and 32 have been satisfied;
b) Central Lake Ontario Conservation Authority, how Conditions 33, 34, and 35 have
been satisfied.
c) The Ministry of the Environment how Condition 34 has been satisfied.
d) Bell Canada how Condition 36 has been satisfied.
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three 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 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 proper 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 Title system within the Regional
Municipality of Durham.
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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:
i)
Central Lake Ontario Conservation Authority, 100 Whitting Avenue, Oshawa,
Ontario L 1 H 3T3 (905) 579-0411
ii)
Region of Durham Works Department, 105 Consumers Dive, Whitby, Ontario
L 1N 6A2 (905) 668-7721
iii)
Ministry of Environment, York-Durham Office, Ministry of Environment, 230
Westney Road, 5th Floor, Ajax, Ontario L 1 S 7 J5.
iv)
Bell Canada, Right-of-Way, Floor 5, 100 Borough Drive, Floor 5, Scarborough,
Ontario M1P4W2
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