HomeMy WebLinkAboutPSD-092-05
Cl~Jlillgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, June 20, 2005 () C:s 11.' {!fJ;JcJR 7-0::-
PSD-092-05 File #: 18T-90036, rBy_law #:c2!XJ5...-/33
ZBA 2004-042 & COPA 2004-008 22FYl~-/'3lf
PLAN OF SUBDIVISION, REZONING AND OFFICIAL PLAN AMENDMENT TO
PERMIT 327 RESIDENTIAL UNITS
OWNER: '1477677 ONTARIO LIMITED (BAYWOOD HOMES)
Report #:
Subject:
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-092-05 be received;
2. THAT Amendment No. 45 to the Clarington Official Plan as submitted by 1477677 Ontario
Limited (Baywood Homes - Napa Valley Phase IV) to delete the Neighbourhood
Commercial Symbol within the area of Proposed Draft Plan of Subdivision as contained in
Attachment 3 be ADOPTED;
3. THAT the application for Proposed Draft Plan of Subdivision 18T-90036, as amended and
submitted by 1477677 Ontario Limited (Baywood Homes - Napa Valley Phase IV) be
APPROVED and that the Director of Planning Services be authorized to issue Draft
Approval, subject to the conditions as contained in Attachment 4;
4. THAT the application to amend Zoning By-law 84-63, be APPROVED and that the
amending by-law, as per Attachment 5 be forwarded to Council for approval;
5. THAT a by-law to remove the "Holding (H)" symbol be forwarded to Council at such time
that the applicant has entered into a subdivision agreement;
6. THAT the Mayor and Clerk be authorized by By-law, to execute a Subdivision Agreement
between the Owner and the Municipality of Clarington and at such time as the agreement
has been finalized to the satisfaction of the Directors of Engineering Services and Planning
Services;
7. THAT staff be authorized to settle the terms of a purchase agreement to purchase 2 semi-
detached lots from 1477677 Ontario Limited;
REPORT NO.: PSD-092-05
PAGE 2
8. THAT a copy of this report and Council's decision be forwarded to the Region of Durham
Planning Department; and
9. THAT the Regional Municipality of Durham Planning Department, all interested parties and
any delegations be advised of Council's decision.
""bm",edb" /~
Dalid Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed bye) ~ ~
Franklin Wu,
Chief Administrative Officer
BR/CP/DJC/dfllw
17 June 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-092.QS
PAGE 3
1.0 APPLICATION DETAILS
1.1 Owner:
1477677 Ontario Limited (Baywood Homes)
1.2 Applicant/Agent:
1477677 Ontario Limited (Baywood Homes)
1.3 Clarington Official Plan Amendment:
To delete a Neighbourhood Commercial Symbol within the
area of the Proposed Plan of Subdivision
1.4 Plan of Subdivision:
Revision to previously submitted Plan of Subdivision (18T-
90036) to permit the development of a 327 unit residential
Plan of Subdivision consisting of 97 detached dwellings, 182
semi-detached dwellings and 48 townhouse dwellings
1.5 Rezoning:
From: "Agricultural (A)", "Holding - Urban Residential Type
One ((H)R1l", "Holding - Urban Residential Type Two
((H)R2l", "Holding - Urban Residential Type Three ((H)R3l"
and "Holding - Neighbourhood Commercial ((H)C2l" to
appropriate zones to implement the proposed development
1.6 Area:
19.46 hectares (48.09 acres) property
1.7 Location:
The area subject to the proposal is generally located on the
east side of Liberty Street North and north of Scottsdale Drive,
Lot 10, Concession 2, Former Town of Bowmanville
2.0 BACKGROUND
2.1 Plan of Subdivision 18T-90036 was originally submitted to the Region of Durham in 1990.
The Plan of Subdivision included 18.08 hectares (44.68 acres) and proposed 297
residential units. The Neighbourhood Commercial symbol was added by Amendment to
the Town of Newcastle Official Plan in 1994.
2.2 In March 1994, Council recommended partial Draft Approval of the Plan of Subdivision, for
only those lots fronting onto Swindells Street, provided that prior to final approval for
registration of the Plan, lands owned by David Puk and Connie Puk of Brooking Transport
were secured for the extension of Longworth Avenue east of Liberty Street. The Region
of Durham Planning Department, the approval authority at that time, did not draft approve
the Plan of Subdivision but the file was not closed.
2.3 On October 6, 2004, the Planning Services Department received a revised Proposed Plan
of Subdivision (Revised 18T-90036) and a new Rezoning (ZBA 2004-042) application. On
November 24, 2004, the Planning Services Department received an application to amend
REPORT NO.: PSD.092-QS
PAGE 4
the Clarington Official Plan. The Official Plan Amendment requests the removal of the
Neighbourhood Commercial symbol in favour of 12.0m single detached units.
2.4 Prior to the time of the resubmission of this proposed draft Plan of Subdivision in late
2004, and the related public meeting on January 10, 2005, the applicant acquired the
Brooking Transport lands. This penmitted connection of Longworth Avenue with Liberty
Street North. However, the width of Longworth Avenue on the east side of this intersection
and other intersection geometrics were not ideal. Since then, in early May 2005, a
purchase agreement has been made for the Buma lands at 277 Liberty Street North. This
has facilitated a better intersection layout. The Buma lands were not included in the plan
shown at the public meeting, but at 1.435m2 (0.3546 acres) they represent less than 1 % of
the total area of the subdivision site of 19.46 hectares (48.09 acres) and does not
represent significant change to the subdivision. These additional lands facilitate the
construction of the Longworth Avenue and Liberty Street intersection in its ultimate
location, however, no new residential lots will be created. Only two partial lots, that is,
blocks for future residential lots, will be created. For development of these partial lots to
occur a further planning process will have to be undertaken. Therefore, staff has
detenmined this minor boundary adjustment does not necessitate a further public meeting.
2.5 A public meeting for the proposed official plan amendment, plan of subdivision and
rezoning was held on January 10, 2005. Four neighbours spoke at the meeting. Three of
the neighbours objected to Phase 4 when they felt neighbouring Baywood subdivisions
had not been completed. One neighbour objected to the anticipated impact the new
development would have on his property. This neighbour has since entered into an
agreement to sell his property to Baywood Homes.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The site is generally flat, currently vacant and has no significant environmental features.
3.2 The surrounding land uses are as follows:
North:
Vacant Land, Longworth Park and beyond, Low and Medium Density Urban
Residential Uses
Low Density Urban Residential Uses
Low Density Urban Residential Uses and Harold Longworth Public
Elementary School
Low Density Urban Residential Uses and beyond, Liberty Street North
South:
East:
West:
4.0 OFFICIAL PLAN CONFORMITY
4.1 The Durham Regional Official Plan designates the subject property as Living Area. All
three applications conform.
4.2 The Clarington Official Plan designates the subject property as Urban Residential with a
Medium Density Residential symbol, a Neighbourhood Commercial symbol, and a
Neighbourhood Park symbol. A Type C Arterial Road (Longworth Avenue) runs east-west
REPORT NO.: PSD-092-05
PAGE 5
through the middle of the subdivision. The Clarington Official Plan Amendment, if
approved, will delete the Neighbourhood Commercial Area symbol.
4.3 The site is within the Fenwick Neighbourhood which has a population allocation of 5500
and a housing target of 1950 units, 1325 low density, 525 medium density and 100
intensification units.
Other than the Neighbourhood Commercial Area symbol, the applications conform to the
Official Plan policies.
5.0 ZONING BY-LAW COMPLIANCE
5.1 Comprehensive Zoning By-law 84-63 of the former Town of Newcastle zones the subject
property in part "Agricultural (A)", "Urban Residential Type One (R1)", "Holding-Urban
Residential Type One ((H)R1)", "Holding-Urban Residential Type Two ((H)R2)", "Holding-
Urban Residential Type Three ((H)R3)", and "Holding-Neighbourhood Commercial
((H)C2)". A zoning by-law amendment is required to implement the proposed draft Plan of
Subdivision. Most of the zones are appropriate for the subdivision generally but are not
consistent with the boundaries proposed on the May 2005 version of the subdivision
proposal.
6.0 AGENCY COMMENTS
6.1 The applications were circulated to various agencies and other departments. The
following summarizes comments and requested conditions of draft approval received.
6.2 Clarington Emergency and Fire Services had no fire safety concerns.
6.3 The Separate School Board requested adequate provision of sidewalks throughout the
subdivision.
6.4 Bell Canada, Rogers Cable and Enbridge have no objections but Bell has two conditions
of draft plan approval incorporated in Attachment 4.
6.5 Veridian Connections provided detailed comments. Electric service is available on the
road allowances touching the property and servicing will be from the east side of Liberty
Street. An underground expansion of the Corporation's plant is required on the road
allowance. The existing Corporation's plant on Liberty Street may have to be
replaced/relocated at the Applicant's cost to accommodate the proposed new road
location. A Construction Agreement must be signed with the Corporation in order to obtain
servicing for this site and legal costs will be charged to the Applicant. Veridian has no
objections to the proposed development.
6.6 Central Lake Ontario Conservation has no objections to COPA 2004-008 or ZBA 2004-
042. With regard to proposed plan of subdivision 18T-90036, Authority staff has previously
expressed no concerns regarding the draft approval of 18T-90036, as at that time
REPORT NO.: PSD-092'()5
PAGE 6
stormwater management issues issues had been addressed through overall stonmwater
management reports for the overall area. The proponent should demonstrate that the
proposed plan of subdivision will be developed in conformity with this overall scheme and
this can be ensured through appropriate conditions of draft approval.
6.7 The Regional Planning Department commented the Municipality should examine whether
the amendment to delete this "Neighbourhood Commercial" symbol would alter the daily
commercial needs of area residents who may walk or cycle as an alternate form of
transportation. The Region's Community Strategic Plan supports healthy neighbourhoods
through safe and convenient movement of pedestrians. Traffic noise is an issue that will
need to be addressed when evaluating the subdivision proposal. Water supply and
sanitary sewer service is available. This application is considered to have no significant
regional or provincial concerns and is exempt from Regional approval.
The Department also commented the revised draft plan proposing 277 single detached
dwellings and 22 street townhouse dwellings, blocks to be developed in conjunction with
adjacent lands, a park block, a walkway, roadways and road widenings, would appear to
conform to the Durham Regional Official Plan. Regarding the Region's delegated review
responsibilities for provincial interests:
. two separate Environmental Site Assessments (a Phase 1 and a Phases 1 & 2) have
been submitted for different portions of the property. The Assessments indicate that a
portion of the property once was used as a transport business but the site does not
appear to be significantly impacted by any contaminants. No environmental
remediation or additional subsurface investigation is required at this time;
. issues concerning storm water management are to be addressed to the satisfaction of
the conservation authority;
. a Noise Impact Study has been submitted by Sernas Associates. The Noise Impact
Study examines the proposed sound levels for Liberty Street and proposed Longworth
Avenue. The Study needs to be amended to reflect the revised plan; and
. there are no other provincial interests or delegated review responsibilities applicable to
this application.
Reqardinq municipal services:
. municipal water is available from the existing 300mm watenmain on Liberty Street at
Longworth Avenue and the existing 300mm watenmain on Longworth Avenue, east of
the subject lands;
. the subject lands are tributary to the existing 250mm diameter sanitary sewer located
on Swindells Street at Scottsdale Drive, which is to the south;
. an external drainage area north of the subject lands is to be incorporated into the
design of the sewage system for the subject lands.
Reqardinq transportation:
. a road widening will be required along Liberty Street, a Type 'B' Arterial Road in the
Regional Official Plan;
. sight triangles at the intersection of Liberty Street and Longworth Avenue will be
required to match those existing at the west side of the Liberty/Longworth intersection;
and,
REPORT NO.: PSD-092-05
PAGE 7
. all design and construction details, including the ultimate alignment of Liberty Street
and Longworth Avenue, are to be included with the first submission engineering
drawings.
Based on the foregoing, the Region has no objection to draft approval of this plan. Eleven
conditions of draft approval are to be satisfied prior to clearance by the Region for plan
registration.
6.9 The Kawartha Pine Ridge District School Board noted students generated by this
subdivision will attend Harold Longworth Public School and requested the internal streets
of the subdivision be provided with sidewalks. The Board noted there was no park block
east of the subdivision's east boundary. This block, shown on earlier versions of the plan,
has since been deleted. The Board concluded it had no objections to the application.
6.10 The Engineering Services Department has reviewed the proposed plan of subdivision.
The Engineering Services Department has requested an additional 2 lots at the
intersection of Longworth Avenue and Swindells Streets be added to the park block to
increase the street frontage and visibility of Longworth Park. This matter is reviewed
further in Section 7.3 of this report. Twenty two (22) conditions of draft approval have been
provided (see Attachment 4).
7.0 STAFF COMMENTS
7.1 Neiahbourhood Commercial Svmbol
The Commercial Policy Review has considered the existing commercial hierarchy and
made recommendations that Neighbourhood Commercial Areas and Local Central Areas
be combined into one designation. Deletion of this designation is in keeping with the
recommendations of the study.
The daily commercial needs of the subdivision's residents who choose to cycle or walk to
reach such businesses will be addressed by the Local Central Area designation at the
northwest corner of the Liberty/Longworth intersection. Walkways (see Section 7.4) will
support such transportation choices.
7.2 Variety of Housina
The plan of subdivision has been changed considerably from that which was submitted in
Fall 2004. Previously, the subdivision had little housing variation: 277 detached dwellings
with 12 and 10.5 metre frontages and 22 townhouse dwellings with 7 metre frontages.
Currently, the subdivision has 98 detached dwellings but with 19 having 15.0 metre+
frontages and 79 having 12.0 metre+ frontages. The 15.0 metre+ lots are strategically
placed to share rear lot lines with the wider, older residential lots fronting on Liberty Street.
The 10.5 metre detached lots have been removed and replaced with 9.0 metre semi/link
lots. The number of townhouses has been more than doubled from 22 to 48. As a whole,
the Fenwick Neighbourhood requires 525 medium density (typically townhouse) units.
Review of the neighbourhood's housing targets including medium density units, existing
and proposed, and the increase in the number of units in this subdivision reveal the
REPORT NO.: PSD-092-05
PAGE 8
application is in conformity and there is no longer any shortfall in medium density units in
the Fenwick Neighbourhood.
7.3 Lonaworth Park
The 1.94 hectare park block to be dedicated by the applicant is a southerly extension of
the existing Longworth Park. This is an overdedication of the requirements of the Planning
Act and was previously required in the earlier consideration of the draft plan by the
Municipality.
The park block and the existing portion of the park, due to the combined size, satisfies
Clarington Official Plan area requirements. The applicant has basically met the frontage
requirements for his park block but since the existing park in the Melody Homes
development to the north has practically no frontage, there is a frontage deficiency in the
park as a whole. The Clarington Official Plan requires that approximately 25% of the
perimeter of a park have frontage of a street. Only 12% of the park perimeter has frontage
(Attachment 2).
In order to address this deficiency and to improve the visual prominence and pedestrian
access to the park from the corner of Longworth and Swindells, Engineering and Planning
staff recommend the purchase of additional parkland north from the corner.
Engineering and Planning staff propose to increase the park's frontage through the
acquisition of the 2 semi/link dwelling lots west of the park block and fronting on Swindells
Street. Baywood Homes has agreed to the conditions of approval that provide for the
acquisition of Lots 181 and 182 (Attachment 2). I have had preliminary discussions with
the developer with respect to this acquisition and can brief Committee in camera on the
anticipated cost.
7.4 Walkwavs
The Clarington Official Plan requires subdivisions to be oriented toward a grid road
network to enhance connectivity. Previous approvals have made a full grid road system
difficult. To this end, walkways are proposed to link the west end of Street "E" with the
north side of Longworth Avenue, and the northwest end of Street "C" with the south side of
Longworth Avenue. Convenient access to the Longworth/Liberty intersection is important
given that it will have a commercial plaza, transit stops, and be on the way to St. Elizabeth
Separate Elementary School on Longworth Avenue west of Liberty Street. Street
connections in this location were not considered desirable due to intersection spacing
requirements from Liberty/Longworth intersection.
7.5 Lonaworth Avenue
Approval of this plan of subdivision is desirable since it contains the "missing link" in
Longworth Avenue, a Type 'C' Arterial Road that will provide an alternative east -west link
to King Street from Mearns Avenue to Regional Road 57.
7.6 Entrance Feature
The lot at the northeast corner of the Liberty/Longworth intersection Block 198, as redline
revised, will be dedicated to the Municipality at no cost for use as a landscaped entrance
feature to the subdivision and the neighbourhood. A condition of draft approval has been
included to this effect.
REPORT NO.: PSD-092-05
PAGE 9
7.7 Tax Status
The Finance Department advises that the taxes for the whole subject property have been
paid in full.
8.0 CONCLUSION
8.1 The applications have been reviewed in consideration of the comments received from area
residents, the circulated agencies, the Clarington Official Plan and Zoning By-law 84-63.
The owner has agreed to the conditions of draft approval as contained in Attachment 4. In
consideration of the comments contained in this report, staff respectfully recommends the
adoption of the official plan amendment as contained in Attachment 3, the proposed plan
of subdivision, as contained in Attachment 1, be APPROVED subject to the conditions of
draft approval as contained in Attachment 4, and that the rezonings as contained in
Attachment 5 be APPROVED.
Attachments:
Attachment 1: Site Location Key Map and Plan of Subdivision
Attachment 2: Plan of Subdivision Park Block
Attachment 3: Proposed Amendment No. 45 to the Clarington Official Plan
Attachment 4: Conditions of Draft Approval
Attachment 5: Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Effie Vedouras
Jennifer & Don Buma
Bryce Jordan
RobertW. Cawker
Craig Scott
Paul Berube
Dale and Sue Veinot
Andrew Kozak
REPORT NO.: PSD-092-05
INTERESTED PARTIES LIST
Effie Vedouras
Jennifer & Don Buma
Bryce Jordan
Robert W. Cawker
Crai Scott
Paul Berube
Dale and Sue Veinot
Andrew Kozak
G.M. Sernas &
Associates
Baywood Homes
6 Brookin Street
277 Libe Street North
Unit 41, 110 Scotia Court
1140 Sheppard Avenue W.,
Unit#12
311 Libert Street North
43 Scottsdale Drive
44 Scottsdale Drive
86 Concession Street West
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Zoning By-law Amendment
18T -90036
Subdivision
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Clarington Official Plan Amendment
Owner: Dwight Chizen (Power of Attorney),
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ATTACHMENT 3
AMENDMENT NO. 45
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE:
To amend the Official Plan of the Municipality of Clarington to permit the
deletion of the Neighbourhood Commercial symbol within the area of
Plan of Subdivision 18T-90036. The symbol location is in Part Lot 10,
Concession 2, former Town of Bowmanville.
BASIS:
The Amendment is based on an application submitted by 1477677
Ontario Limited (Baywood Homes) to delete the above Neighbourhood
Commercial symbol. The approval of this application is based on the
findings of the Commercial Policy Review which are to guide associated
amendments to the Clarington Official Plan.
Council is satisfied that the deletion of the Neighbourhood Commercial
symbol is consistent with the recommendation of the commercial
hierarchy for the Municipality as described in the Commercial Policy
Review and as to be articulated in the Clarington Official Plan through
amendments to it.
ACTUAL
AMENDMENT:
The Clarington Official Plan is hereby amended as follows:
1. By amending Map A3 - Land Use - Bowmanville Urban Area as
shown on Exhibit "A".
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended,
regarding the implementation of the Plan, shall apply in regard to this
amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended,
regarding the interpretation of the Plan, shall apply in regard to this
amendment.
EXHIBIT "A"
AMENDMENT No. 45 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP A3, LAND USE, BOWMANVILLE URBAN AREA
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CONCESSION ROAD 3
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ATTACHMENT 4
CONDITIONS OF APPROVAL
Revised Plan of Subdivision 18T-90036
Lot 10, Concession 2, Former Town of Bowmanville
1. The Owner shall have the final plan prepared on the basis of the approved draft plan of
subdivision 18T-90036, prepared by Sernas Associates, identified as Project Number 04333,
dated and revised May 2005, as revised in red [and dated June 10, 2005], which illustrates 97
lots for single detached dwellings, 91 lots for 182 semi-detached/link dwellings, 7 blocks for 48
townhouse dwellings, blocks to be developed in conjunction with adjacent lands, a park block, a
block to be dedicated as an entrance feature, three walkways, roadways, road widenings and
sight triangles.
2. The applicant must enter into a subdivision agreement with the Municipality which includes all
requirements of the Engineering Services Department regarding the engineering and
construction of all internal and external works and services related to this proposal, 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.
3. The Owner shall dedicate the road allowances included in this draft plan as public highways on
the final plan.
4. 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.
5. The Owner shall convey to the Regional Municipality of Durham sufficient road widenings
across the entire frontage of the draft plan abutting Liberty Street in order to establish a
minimum of 15 metres from the centerline of Liberty Street to the subject property line.
6. The Owner shall convey sight triangles at the northeast and southeast corners of Liberty Street
and Longworth Avenue, as widened, to the Region of Durham.
7. The Owner shall submit plans showing any proposed phasing to the Region and the Municipality
of Clarington for review and approval, if this subdivision is to be developed by more than one
registration.
8. The Owner shall grant to the Region, any easements required to provide Regional services for
this development and these easements shall be in locations and of such widths as determined
by the Region.
9. 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.
10. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to implement the
recommendation of the report, entitled "Noise Control Study", prepared by Sernas Associates
dated October 2004, as revised, which specifies noise attenuation measures for the
development. The measures shall be included in the subdivision agreement and must also
contain a full and complete reference to the noise report (i.e. author, title, date and any
revisions/addenda) and shall include any required warning clauses identified in the study. The
Owner shall provide the Region with a copy of the subdivision agreement containing such
provisions prior to final approval of the plan.
11. 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 iimits 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.
12. 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.
13. 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.
14. The Owner must revise draft Plan of Subdivision 18T-90036, prepared by Sernas Associates,
identified as Project Number 04333, dated and revised May 2005, to incorporate the red-line
revisions to said plan, and such revisions are dated June 10, 2005. These revisions to the draft
plan must be done prior to the Notice of Decision of Draft Approval being mailed.
15. The Owner shall dedicate Blocks 199, 200, 201 and 202 on the red-line revised draft plan to the
Municipality of Clarington as public walkways on the final plan.
16. The Owner shall convey Block 197 to the Municipaiity of Clarington for park or other public
recreational purposes and further agrees to provide for a 1.8 metre high chain link fence at the
east limits of the site in accordance with 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 Avenue frontage and services abutting the park
are completed to the satisfaction of the Director of Engineering Services. The lands will be
conveyed in a form satisfactory to the Director of Engineering Services and may include the
requirement for a Soils Report indicating that no foreign material is present. The park shall be
graded to ensure proper drainage and compatibility with abutting lands and roads. No less than
200 mm of topsoil shall be provided on the site. Seeding/sodding to stabilize the site shall be
determined by the Director of Engineering Services. The block shall not be used for the
temporary storage of any materials nor shall any material be imported to or exported from the
block without the approval of the Director.
17. The Owner shall enter into a purchase and sale agreement or an option to purchase agreement, as
determined by the Municipality, for the sale of Lots 181 and 182 to the Municipality, such
agreement containing terms and conditions satisfactory to the Director of Planning Services.
18. The Owner shall convey Block 198, the block on the northeast corner of the Liberty Street North
and Longworth Avenue intersection to the Municipality of Clarington and shall landscape the block
in accordance with the approved landscape plan. The eastern portion of the block will be added to
the lot to the east which will in turn be divided into two north-south oriented lots.
19. Lot 53 shall be retained as a future development block to be developed in conjunction with the
lands to the south.
20. That the developer is required, as a condition of the development agreement, to make the front end
payments to the Municipality for the amount stated in the following front end agreements:
1. Schickedanz Upper and Lower Front End Agreement
2. Mann Street Storm Sewer Front End Agreement
3. Orchard Park Subdivision
21. That the storm drainage works necessary for this pian 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 Engineering Services.
22. 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 Engineering Services.
23. All streets shall be constructed in accordance with Municipality of Clarington standards.
24. The applicant will be responsible for 100% of the cost, financial and otherwise, associated with the
connection of proposed internal roadways and related facilities to existing roadways located in
adjacent residential subdivisions. The cost shall include any works located on external lands that
are deemed necessary by the Director of Engineering Services.
25. The Owner shall grant such easements as may be required for utilities, drainage and servicing
purposes to the appropriate authorities.
26. That all land dedications. easements, sight triangles and reserves as required by the Municipality
for this development must be granted to the Municipality free and clear of all encumbrances and in
a form satisfactory to the Municipality's Solicitor.
27. 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 ail applicable legislation and to the satisfaction of the Director of Engineering Services.
28. 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.
29. All utilities such as hydro, telephone and cable television within the streets of this development
must be installed underground for both primary and secondary services.
30. The north side and west side of Street C must be fully serviced with water, sanitary sewer, storm
sewer, hydro, telephone and cable television for any future lots that may front onto Street C.
31. Prior to the issuance of any building permits within the proposed subdivision, the applicant must
provide for the removal of any existing temporary turning circles located in adjacent
developments. The applicant must reconstruct the road to an urban standard, including asphalt
paving, curb and gutter, boulevard sod, sidewalks, street lighting and street trees.
32. All lots located on street eyebrows must be revised to have a minimum frontage of 15.0 metres.
All blocks located on eyebrows that are designated as future lots must accommodate 15.0 metre
frontages. Alternatively, the applicant will be required to submit house siting plans for each
eyebrow lot which demonstrate that the reduced frontages will still allow sufficient room to
accommodate storm sewer easements, street furniture, driveway entrances and snow storage.
33. Actual construction of Street C will not be permitted until the owner has acquired all of the lands
necessary to facilitate the construction of Street C. The final approved Master Grading Plan for
the subdivision must demonstrate that Street C can be constructed without retaining walls and
without adversely affecting adjacent property to the north. The final master drainage scheme
will be subject to the approval of the Director of Engineering Services at the engineering
approval stage of the development process.
34. Every effort must be made to reduce the number of rear yard catchbasins being proposed at the
south limit of the subdivision. The final drainage scheme will be subject to the approval of the
Director of Engineering Services at the engineering approval stage of the development process.
35. Additional grading works may be required to facilitate proper grading of Lots 87, 119 and 143.
The owner shall be responsible for 100% of the cost of works deemed necessary by the Director
of Engineering Services to facilitate proper grading of these lots.
36. The owner shall be 100% responsible for the costs, financial and otherwise, associated with the
removal of any existing fence, structures or other items that encroach onto the subject lands.
37. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to
the Director of Planning Services to demonstrate that the proposed development will not adversely
impact the existing wells in the surrounding areas.
38. That the Applicant meet all the requirements of the Engineering Services Department, financial or
otherwise.
39. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area municipal
approval of the zoning for the land uses shown on the approved draft plan in accordance with
the provisions of the Planning Act.
40. That the Owner shall adhere to architectural control requirements of the Municipality.
41. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping
Plan to the Director of Engineering Services and the Director of Planning Services for review
and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as
amended from time to time.
42. The Owner shall submit a detailed tree preservation plan to the satisfaction of the Municipality of
Clarington. No trees shall be removed until such time as this program has been approved
except as authorized by the Municipality.
43. 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.
44. 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.
45. The Owner shall meet all the requirements of the Municipality of Clarington, financial or
otherwise.
46. Prior to anyon-site grading or construction or final approval of the plan, the Owner shall submit
to, 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 provincial
guidelines;
b) the anticipated impact of the development on water quality, as it relates to fish and
wildlife habitat, once adequate protective measures have been undertaken; and
c) the means whereby erosion and sedimentation and their effects will be minimized on the
site during and after construction, in accordance with provincial guidelines. The report
must outline all actions to be taken to prevent an increase in the concentration of solids
in any water body as a result of on-site, or other related works, to comply with the
Canada Fisheries Act.
47. 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.
48. 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 46 to the satisfaction of
the Central Lake Ontario Conservation Authority;
b) the Owner agrees to maintain all stormwater management and erosion and
sedimentation control structures operating and in good repair during the construction
period, in a manner satisfactory to the Central Lake Ontario Conservation Authority;
c) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours
prior to the commencement of grading or the initiation of anyon-site works.
In order to expedite clearance of Condition 48, a copy of the fully executed subdivision
agreement should be submitted to the Authority.
49. The Owner must place in all agreements of purchase and sale for lots completely or partially
within 300 metres of the St. Lawrence & Hudson Railway right-of-way, warning prospective
purchasers or tenants of the existence of the Railway's operating right-of-way; the possibility of
alterations including the possibility that the Railway may expand its operations, which expansion
may affect the living environment of the residents notwithstanding the inclusion of noise and
vibration attenuating measures in the design of the subdivision and individual units, and that the
Railway will not be responsible for complaints or claims arising from the use of its facilities
and/or operations.
50. The Owner shall agree in the Agreement, in words satisfactory to Bell Canada, to grant to Bell
Canada any easements that may be required for telecommunication services. Easements may
be required subject to final servicing decisions. In the event of any conflict with existing Bell
Canada facilities or easements, the Owner/Developer shall be responsible for the relocation of
such facilities or easements.
51. The Owner shall be required to enter into an agreement (Letter of Understanding) with Bell
Canada complying with any underground servicing conditions imposed by the Municipality.
52. 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 Reqional Municipality of Durham, how 1, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13
Conditions have been satisfied;
b) The Central Lake Ontario Conservation Authority, how Conditions 46, 47 and 48 have
been satisfied; and
c) Bell Canada, how Conditions 50 and 51 have 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 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 Region Planning
Department
P.O. Box 623
605 Rossland Road East
Whitby, ON L 1 N 6A3
b) Central Lake Ontario
Conservation Authority
100 Whiting Avenue
Oshawa, ON L 1 H 3T3
c) Bell Canada
Right of Way
100 Borough Drive, Floor 3
Scarborough, ON M1 P 4W2
ATTACHMENT 5
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-
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
2004-042;
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:
2. "Agricultural (A) Zone" to "Holding-Urban Residential Exception ((H)R1-43)'";
"Agricultural (A) Zone" to "Holding-Urban Residential Exception ((H)R2-15)'";
"Holding-Urban Residential Type One ((H)R1)'" to "Holding-Urban Residential Exception
((H)R1-43)'";
"Urban Residential Type One (R1)'" to "Holding-Urban Residential Exception ((H)R2-15)'";
"Holding-Urban Residential Type One ((H)R1)"' to "Holding-Urban Residential Exception
((H)R2-15)'";
"Holding-Urban Residential Type Two ((H)R2)"' to "Holding-Urban Residential Exception
(R2-15)"';
"Holding-Urban Residential Type Two ((H)R2)'" to "Holding-Urban Residential Exception
((H)R1-43)'";
"Holding-Neighbourhood Commercial ((H)C2)" to "Holding-Urban Residential Exception
((H)R2-15)"';
"Holding-Urban Residential Type Three ((H)R3)"' to "Holding-Urban Residential Exception
((H)R1-43)"';
"Holding-Urban Residential Type Three ((H)R3)'" to "Holding-Urban Residential Exception
((H)R3-20)'"; and
"Holding-Urban Residential Type One ((H)R1)" to "Holding-Urban Residential Exception
((H)R3-20)"'.
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 Sections 34 of the Planning Act.
BY-LAW read a first time this day of
2005
BY-LAW read a second time this day of
2005
BY-LAW read a third time and finally passed this day of
2005
John Mutton, Mayor
Patti L. Barrie. Clerk
This is Schedule" A"
passed this day
to By-law 2005-
of , 2005 A.D.
,
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_Zoning To Remain "R1" ,::::::., Zoning Change From "R1" To" (H)R2-1S"
(?Z2IZoning Change From "(H)R1" To "(H)R143" ~ Zoning Change From "(H)R1" To "(H)R2-1S"
~Zoning Change From "(H)R2" To "(H)R143" ~ Zoning Change From "(H)C2" To "(H)R2-1S"
~ Zoning Change From "(H)R3" To "(H)R143"~ Zoning Change From "A" To "(H)R2-1S"
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J
John Mutton. Mayor
BOWMANVILLE
Patti L. Barrie, Municipal Clerk