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Home My WebLink AboutPSD-129-03 Addendum ~.~;- 'ClarhJnt'W Leading the Way e U'-i REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE "J:>1'f- Date: Monday, October 20, 2003 G\>I"<' 4-'33-<0'3 Report #: Addendum to PSD-129-03 File #: 18T -89059 and ZBA 2000-017 By-law #: ~oo3 - I 100 Subject: PROPOSED PLAN OF SUBDIVISION AND REZONING - FOSTER CREEK DEVELOPMENTS AND ROBERT STEPHENSON Part Lots 29 and 30, Concession 2, former Village of Newcastle RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PSD-129-03 be received; 2. THAT the conditions of Draft Approval, as contained in Attachment No.4 to PSD-129-03 be replaced with the conditions contained in Attachment No.3 hereto; 3. THAT Zoning By-law Amendment contained in Attachment No.5 of PSD-129-03 be replaced with the zoning by-law amendment contained in Attachment NO.4 hereto; and 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: 0 ~-5. R.,fl.... Franklin Wu, Chief Administrative Officer vid J Crome, MCIP, R.P.P. Director of Planning Services CP'DJC'sh 3 October 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 401 , -, REPORT NO.: ADDENDUM TO PSD-129-03 PAGE 2 1.0 BACKGROUND 1.1 On October 6, 2003, General Purpose and Administration Committee considered report PSD-129-03. The report recommended approval of applications for proposed plan of subdivision and zoning by-law amendment, 18T-89059 and ZBA 2000-017. At the meeting Mr. Greg DeFreitas, consultant for Kiradaar Inc., an abutting land developer, and Mr. Nick Mensick, the developer's consultant, both spoke as delegations. After considering the comments from the delegations and the staff report, Committee recommended approval of the applications as recommended in the report. 1.2 On Wednesday, October 8 following the Committee meeting staff met with Dave and Pearl Rickard to review concerns they have with the proposed development and to provide clarification on the conditions of draft approval and the implementing proposed zoning by-law amendment. A number of issues and concems were discussed, however the following two require further direction: i) setback of the proposed dwellings abutting the north property line of the existing houses on Given Road; and ii) fencing between the existing residences on Given Road and the proposed abutting lots to the north. 2.0 STAFF COMMENTS The following section deals with the above issues and provides recommendation on each. 2.1 Setback to the properties on Given Road 2.1.1 The lots proposed to front on the south side of Street H, were originally to be wide- shallow lots, with a rear yard setback of 5 metres. These lots share a property line with the properties fronting on the north side of Given Road. When Council considered the Neighbourhood Design Plan in December 2002, they added a resolution that the zoning by-law contain provisions to ensure dwellings on the new lots abutting the north limit of the existing lots fronting on Given Road, east of Massey Drive extension, have a 7.5 m setback to the common property line. This issue was addressed in PSD-129-03 and the proposed zoning required a 7.5 m rear yard setback. When this issue was reviewed with Mr and Mrs Rickard, it was realized that the lot 139 at the corner of Street Hand the Massey Drive extension would have a side yard abutting the existing dwelling fronting on Given Road. As a result the 7.5 m rear yard setback requirement would not provide the intended separation from the existing residences. 2.12 It is proposed that the amending by-law be revised as contained in Attachment No.3 to specifically require a 7.5 m setback from the south property line for all lots fronting on Street H. This would ensure that the intended separation is provided to the existing residences. 4Q2 " REPORT NO.: ADDENDUM TO PSD-129-03 PAGE 3 2.2 Privacy fencing between the proposed lots and Given Road lots 2.3.1 Mr and Mrs Rickard also requested that a board privacy fence be required between their properties on Given Road and the proposed lots abutting to the north. The Municipality does not typically require fencing, of any kind, to be provided between residential lots that are similar in nature as a condition of subdivision approval. In this case both the existing lots on Given Road and the proposed lots on the south side of Street H are lots for single detached dwellings. Following the meeting with Mr. And Mrs. Rickard this issue was discussed with Mr. Bob Stephenson, one of the Owners of the proposed subdivision, who agreed, as a good will gesture to such a condition being included in the approval of the draft plan of subdivision. In consideration of the above, staff have modified the conditions of draft approval to include a new condition No. 48, requiring a board privacy fence to be constructed on the south lot line of the proposed plan of subdivision, east of Massey Drive where it abuts existing residences. 2.3.2 Staff propose to incorporate a similar condition in the Kiradaar Inc proposed plan of subdivision when a report is prepared for that application. 3.0 CONCLUSIONS 3.1 In consideration of the comments contained in this Addendum report, it is recommended that the report PSD-129-03 be approved and that the conditions of draft approval and zoning by-law amendment contained in PSD-129-03 be revised as per the conditions of approval and by-law contained in Attachments 3 and 4 respectively. Attachments: Attachment No. 1 Attachment No.2 Attachment No.3 Attachment NO.4 Key Map Proposed Plan of Subdivision Conditions of Draft Approval Proposed Zoning By-law Amendment 403 " . REPORT NO.: ADDENDUM TO PSD-129-03 PAGE 4 Interested parties to be notified of Council's decision: G.M. Sernas & Associates Limited 110 Scotia Court, Unit 41 WHITBY, Ontario L 1 N 8Y7 Irene Horne 30 Remi Crt. Newcastle, ON L 1B 1J1 Ted Barnoski 3451 Elliot Road Newtonville, ON LOA 1 JO Hans and Holly Eeuwes 270 King Avenue West Newcastle, ON L 1 B 1 G9 Rod Doris Re-Max Cornerstone Realty 104 King Street East Bowmanville, ON L 1 C 1 N5 Dan and Marg M~skell 320 King Avenue West Newcastle, ON L 1 B 1 G9 Edmond Vanhaverbeke Syvan Developments Limited 20 Robert Street West, Unit 1A Newcastle, ON L 1B 1C6 Dan and Jane Sturrock 236 King Avenue West Newcastle, ON L 1 B 1 H7 D. McCurdy '-. 304 King Avenue West Newcastle, ON L1 B 1 G9 Frank Feldman 7 Director Crt., Su ite 104 Woodbridge, ON L4L 4S5 David and Pearl Rickard 80 Given Road Newcastle, ON L 1 B 1 L9 Christina Lazaridis Gathwood Homes Ltd. 110 I ronside Crescent, Unit 23 Toronto, ON M1X 1M2 Kevin Buchan 3 Remi Crt. Newcastle, ON L1B 1J1 Tim Politis Politis Engineering 85 Thorncliff Park Drive, Ste. 4303 Toronto, ON M4H 1L6 Robert Stephenson 170 Given Road Newcastle, ON L 1 B 1 G9 Gregory DeFreitas B. G. Schickedanz Homes Inc. 7 Director Crt., Ste. 104 Woodbridge, ON L4L 4S5 Mr. & Mrs. R. Howe 3 Grady Drive Newcastle, ON L 1B 1J1 Dr. Lee Rackham 165 Foster Avenue Belleville, ON K8N 3P8 Mr. & Mrs. Bath 46 Given Road Newcastle, ON L 1 G 1 G9 Larry Brunt 12 Remi Crt. Newcastle, ON L 1B 1J1 Mr. & Mrs. T. Howe 1 Grady Drive Newcastle, ON L 1B 1J1 404 ATTACHMENT 1 l_~ ~.",--"" ~ ~~- ~A!:~(>'PlM II ~ :=~~._;._i_~.~;_;-~.€.: L~ I ~o~~~~~:c, I ;;; __"a _ "')NIC!PAuT'< OC Q_ARNG1()N I =-=~ "==:':::' ~'(;'CI'<... "'c."OP"-'1Y 0' ,.",.."..... I . 1 CC>Cc ;,:~- ;~ ~~~,\'* ;c I ' ""~, ,O~_ ~ I I . /, "i"I-I'!"\" ,. _;_ ( ~'~ cccccccc, I ~~-~ ~f-: ~~ Il ~ '1->c, / \: ldJ ; I. /;(, N. 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I ~II! -~ .- [ 'Z) / ~~ ,t;j l~+ $i~ 1<( ~- --~ i~: 'I ; -~~ ' z 1~r:ill 1 >~ _ EST mID' - ,,~ -fi:~t DEI I _~ _______-::, \ 1 _ ~ ~ ',~~4~ .:", ~ AROLI r$1. ;/_~ L_ __ ! c- -----OPIVE Ie> I,e :.'J ! r JO::: -~- i ~ II~ -~~ NEWCASTLE VILLAGE KEY MAP 4J6 N z o (f) (f) W U Z o U ! ATTCHMENT 3 CONDITIONS OF DRAFT APPROVAL DRAFT PLAN OF SUBDIVISON 18T-89059 1, The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T-89059, prepared by Sernas Associates identified as project number 98028, dated revised September 2003, which illustrates 419 single detached dwelling units, two medium density blocks for a total of approximately 82 units, a park block, a school block, walkways, opens space blocks, road widenings and 0,3 m reserves, 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 convey a 6 metre road widening across King Avenue West frontage of the draft plan to the Region of Durham for the purpose of widening. 5, The Owner shall terminate any dead ends and/or open sides of road allowances created by this draft plan in 0,3 metre reserve(s) to be conveyed to the Municipality of Clarington. 6. The Owner shall convey the 0.3 metre reserve shown as Blocks 438 to 443 inclusive on the draft plan, to the Municipality of Clarington, 7. The Owner shall submit plans showing the proposed phasing to the Region and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration, 8, The Owner shall dedicate Blocks 430 and 431 on the draft plan to the Municipality of Clarington as public walkway(s) on the final plan. 9, The Owner shall convey Block 429 to the Municipality of Clarington for park or other public recreational purposes in accordance with the Planning Act. 10. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 11, The Owner shall, apply to the Municipality of Clarington and obtain area municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act 12, The Owner shall submit the following information to the Municipality of Clarington for approval prior to registration: i) a grading and control plan; and ii) a siting and architectural design report and implementing site plans and architectural drawings, ,; I 't ..J Page 1 13. 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. 14. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 15, 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, 16. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria, 17, That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc, to be buried underground. 18. That the Owner agrees the conditions of draft approval 19-26 inclusive, are provided based on phasing plan dated December 9, 2002. 19. That the Owner agrees the phasing of this draft plan will be restricted by the number of external road accesses that are available. Full development of the draft plan will require all external accesses to be constructed, The specific lots available for building permits in any single phase of the development will be further reviewed at the engineering stage and shall be at the sole discretion of the Director of Engineering Services. 20, That the Owner shall be responsible for reconstruction of the intersection of King Avenue West and the extension of Street B beyond the limits of the plan of subdivision prior to the issuance of any building permits within the phase of development which requires this connection. The reconstruction of the intersection shall include the installation of traffic signals. The Owner will be required to submit a detailed engineering plan for the intersection and the future configuration of Street B. The south side of the intersection must also be included, An appropriate public notification process for the future intersection must be undertaken prior to the constriction of the intersection. 21. This development may proceed at such time the Municipality has approved the Capital Budget and Four-Year Forecast, which schedules the reconstruction of Rudell Road within the Four-Year Forecast. Provision must be made for the reconstruction of Rudell Road from King Avenue West to Street A The required improvements shall include any sidewalk improvements deemed necessary by the Director of Engineering Services to service and connect to the overall neighbourhood. Should the development proceed prior to this work being included in the Four Year Forecast and the Capital Budget, the Owner shall be 100% responsible for the reconstruction of Rudell Road to a collector II (: 'iJO standard from King Street West to Street A. Securities must be provided to the Municipality for the future widening, including sight triangles, and construction of services on the east side of Rudell Road between King Street West and Given Road, 22. That the Owner is responsible for securities (100%) being provided to the Municipality for the land acquisition and road construction to a collector standard for that portion of Street "B" (Massey Drive) between King Street West and Given Road. 23. That the Owner is responsible for securities (100%) being provided on a pro-rated basis for the future construction of Grady Drive including the Foster Creek crossing to Remi Court. 24. That the Owner agrees in the event that Massey Drive is not constructed to a collector standard from Street "C" to King Street West prior to Phase I, Stage 2 commencing, the Owner must provide additional securities on a pro-rated basis, for the future construction of Grady Drive including the Foster Creek crossing to Remi Court. Failing the complete construction of Massey Drive, the Owner must construct Grady Drive and the Foster Creek crossing to Remi Court to a collector standard 100% at the cost of the developer. 25. That the Owner agrees prior to Phase II commencing, the third collector road connection must be constructed at the developer's expense. 26. The Owner agrees that Phasing Plan for development must address the existing dwellings on Given Road. The Plan must demonstrate how the various road accesses to each property will be accommodated at each phase of development. 27. That the Owner must submit a stormwater management plan which provides for the ultimate development of the west end of this development This plan must address all previous grading, drainage and stormwater management comments satisfactory to the Director of Engineering prior to final plan approval. 28, That the Owner must provide the park dedication in Phase I and rough grade the park and surrounding area within 150 mm of final grade, It will be necessary to design Grady Drive in this area in order to complete the rough grading. 29. That the Owner will be required to make application to the Council of the Municipality of Clarington to legally open, by means of a by-law, any portions of Rudell Road that are currently unopened and unmaintained, The necessary approval from Council must be provided prior to registration of this draft plan. The Owner will be responsible for all costs, financial and otherwise that are necessary to meet this requirement. 30. The Owner shall convey a 3.0 metre road widening, to be dedicated to the Municipality, on Rudell Road between King Avenue West and Street A. The ultimate road allowance width, of Rudell Road, between Highway No, 2 and Street A will be 26,0 metres wide. 31, The Owner will be responsible to construct Rudell Road to a full urban standard between Street A and the northerly limit of development. The road construction must include sanitary sewers, watermains, storm sewers, sidewalks, illumination, curbs, I! ,(-.-1 '-tJ/ gutters, trees and all of the other services normally contained within an urban streetscape. Should the development proceed prior to this work being included in the Four-Year Forecast and the Capital Budget, the Owner shall be 100% responsible for the reconstruction of this portion of Rudell Road to a local road, The Owner will also be required to install all of the servicing stubs and oversized services that are deemed necessary by the Director of Engineering Services to accommodate future ultimate development 32, The Owner will be responsible to provide any sight triangles or other lands deemed necessary by the Region of Durham at the intersection of King Avenue West and Rudell Road for the reconstruction of Rudell Road to an urban standard. The Owner must provide a functional plan that makes accommodation for the future installation of traffic signals at the intersection of Highway 2 and Rudell Road. 33, The Owner must make application and receive Council approval, for any road closures that are deemed necessary for the proposed development. The Owner will be responsible for 100% of all costs, financial and otherwise that are necessary to meet this requirement. 34. The subject development will necessitate the physical closure of Given Road at Street B. The Owner will be responsible for 100% of the cost of any works or facilities deemed necessary by the Director of Engineering Services to facilitate the physical closure of Given Road immediately to the east of the intersection, This works may include acquisition, road construction, turning circles, urbanization, storm sewers, drainage work, barricades etc. 35. The Owner is responsible (100%) for any necessary upgrades or improvements to any portions of Given Road that are designated to remain open as a traveled road through the development of streets Band G. The necessary upgrades or improvements may include but not be limited to property dedication (road widenings, sight triangles etc,), pavement widening, reconstruction, storm sewers, urbanization, sidewalks, illumination etc. 36. The Owner agrees that development of Block 421 or other adjacent land will not be permitted until such time as the Owner has acquired all of the lands necessary for the entire medium density development, in accordance with the Neighbourhood Design plan. No partial development will be permitted. All development of Block 421 and any associated lands not included within this draft plan must be developed through the site plan approval process. 37. The Owner agrees that the west side of Rudell Road, the east side of Street I and the west side of Street H must be fully serviced with water, sanitary sewer and storm sewer for any future lots which may front onto these roads, and any other streets that may intersect with these streets must be "stubbed" for water, sanitary sewer and storm sewer to the satisfaction of the Director of Engineering Services. 38. The Owner agrees that temporary tuming circles will be required on Street G and Street H. Access to the Medium Density Block, Block 421, may be restricted or prohibited ,i ~ ut- <t i I depending upon the specific nature of the proposed development for this block. All other lots that will be "frozen" will be determined at the engineering review stage at the sole discretion of the Director of Engineering Services. No development of any "frozen" lots will be permitted until the construction of Street G and Street H have been fully completed. 39, The Owner agrees that storm water drainage works and facilities necessary for this development must be constructed in accordance with the Foster Creek Subwatershed Planning Study, dated March 2001, prepared by Gartner Lee Ltd. and as finally approved by the Director of Engineering Services. 40, The Owner's engineer must submit a Preliminary Engineering Plan that identifies the watershed areas that are tributary to each of the proposed storm water management facilities. The report must assess the major and minor flow systems, identify the pre and post construction volumes and assess depths, velocities, points of discharge and proposed methods of outlet treatment. The required report must demonstrate that all blocks or locations designated for storm water management facilities have been adequately sized for all storm events in terms of quantity, frequency and duration up to and including the regional storm. A Preliminary Engineering Plan must be provided that demonstrates this requirement. The required Plan must illustrate that all of the road widenings required under the ultimate need for the neighbourhood have been accommodated and must illustrate the effect of any road widenings on the size of any storm water management facilities. The Plan must demonstrate that the facilities can be constructed with 5:1 side slopes and a buffer strip, The Plan must also indicate the level of groundwater and the proposed range for the permanent water levels. The Plan must be submitted prior to final approval. 41. The Owner must provide the Engineering Services Department with a stormwater management construction plan which provides for the sequential construction of all stormwater management works which reflect the phasing of the development. 42. The Owner agrees that the outfall location for each storm water management facility will be subject to the approval of the Director of Engineering Services. Specifically the outfall of the proposed facility at Given Road and Rudell Road must be shown to not have an adverse effect on adjacent private property and that the outfall location is suitable. The size, location, design and specific detail for any proposed storm water management facilities will be subject to the approval of the Ganaraska Region Conservation Authority prior to final approval of this plan. 43. The Owner agrees to provide a Landscaping Plan for all stormwater management facilities to the satisfaction of the Director of Engineering Services. This may include input from adjacent property owners, 44, All stormwater management facilities must be designed with a single inlet and a single sediment forebay, The Owner agrees to reduce the amount of long term maintenance, 411 45. The Owner will be responsible for 100% of the cost of all amenities such as signs or fences that are deemed necessary by the Director of Engineering Services for any storm water management facilities. 46. The Owner must provide a monitoring and maintenance program for any proposed stormwater management facilities located within the subject neighbourhood, The required program must detail the obligations of the developer during the subdivision maintenance period and also detail a perpetual monitoring and maintenance plan. 47. The Owner agrees to provide an erosion and sediment control plan to the satisfaction of the Director of Engineering Services. 48. That the Owner shall be 100% responsible for the construction of a 1.8 m high wood privacy fence along the south property line of the subject, east of the Massey Drive extension, where such property line abuts a lot with an existing residential dwelling. 49, That the Owner is required to ensure that a disclosure is included in all purchase and sale agreements advising home buyers of municipal parking regulations, to the satisfaction of the Director of Planning Services. 49, That 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. 50. 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, 51. The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the cost for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 52, The Owner agrees that no residential units shall be offered for sale to the public on said plan until such time architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning Services. 53, The Owner agrees that no building permit shall be issued for the construction of any building on any residential lot or block on said plan, until the architectural control guidelines for the development and the exterior architectural design of each building and the location of the building on the lot has been approved by the Municipality of Clarington. 54. The Owner agrees that where the well or private water supply of any person is interfered with as a result of the subdivision, the Owner shall at his expense, either 4U connect the affected party to 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. 55, 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. 56, 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. 57, The Owner will be required to establish a geodetic benchmark in the vicinity of the intersection of Rudell Road and Highway 2 that will serve as vertical control for the proposed development. The Owner will be responsible for 100% of the cost of establishing this benchmark. The required benchmark must be installed prior to the issuance of any building permits for the subject development. 58, That the Owner supply on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved and the 40M-Plan, 59. Prior to final approval, the Owner is required to submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of Environment (MOE), This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. 60. Prior to final approval, the Owner shall engage a qualified professional to carry out to the satisfaction of the Ministry of Citizenship, Culture and Recreation, an archaeological assessment of the entire property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found, No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Citizenship, Culture and Recreation confirming that all archaeological resource concerns have been met including licensing and resource conversation requirements, 61, Prior to the commencement of anyon-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval from the Ganaraska Region Conservation Authority for reports, consistent with the recommendations of the Foster Creek Sub-watershed Study and Environmental Impact Study prepared by Gartner Lee, describing the following: a) a detailed Stormwater Management Plan which outlines the intended means of controlling storm water runoff in terms of quantity, frequency and duration of all events up to and including the regional storm; 4i) b) the intended means of conveying stormwater flows from the site, including the location and design of water quality and quantity controls using stormwater management techniques outlined in provincial guidelines; c) an assessment of the major and minor flow system, identifying pre and post construction volumes, depths, velocities, points of discharge and proposed methods for outlet treatment; d) an Erosion and Sedimentation Control Plan detailing the means by which erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act; e) site grading details, including pre-development, staged and final scenarios: f) requirements for the long-term maintenance of all proposed erosion and stormwater facilities and construction details relating to these conditions. 62, The Owner agrees that detail design of the stormwater management system west of Rudell road must include erosion indexing and potential downstream issues to the satisfaction of the Ganaraska Region Conservation Authority, 63. The Owner shall enter into a written agreement with the Kawartha Pine Ridge District School Board which provides for the future acquisition of the school site, shown as Block 428 on the draft plan, to the satisfaction of the School Board. The agreement shall, among other matters, require; a) Block 428 to be available as part of Phase 1 of the development:; b) Block 428 to be rough graded; c) The approved final grading plans for the surrounding lands to be provided to the School Board d) All municipal services provided to the site; and e) The installation of a 1.8 metres high chain link fence on the perimeter of Block 428 where it abuts proposed or existing residential lands. 64. The Owner shall submit to the Municipality of Clarington and the Regional Municipality of Durham, for review and approval, a revised acoustic report prepared by an acoustic engineer based on projected traffic volumes provided by the Durham Region Planning Department and recommending noise attenuation measures for the draft plan in accordance with the Ministry of the Environment guidelines. The Owner shall agree in the Municipality of Clarington subdivision agreement to implement the recommended noise control measures. The agreement shall contain a full and complete reference to the noise report (Le. author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report, The Owner shall " 't , 1 't provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 65. The Owner shall agree in the Municipality of Clarington Subdivision Agreement. to implement the recommendation of the report, entitled Traffic Noise and Rail Vibration Impact Study Draft Plan of Subdivision 18T-89059, Part Lots 29 and 20, Concession 2, Newcastle, Ontario prepared by HGC Engineering, dated October 11, 2002 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 (Le, author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study. 66. The Owner shall provide for the extension, of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan, In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 67, On the final plan, the Owner shall identify a block of land within Block 420, to the satisfaction of the Region of Durham Works Department, for the purposes of a pumping station. 68. The Owner shall provide a 20 m wide access right-of-way from King Avenue West, on Block 420 to the future pumping station site, located on Block 420, as well as a 15 m wide watermain and sanitary easement from proposed Street "H" to the pumping station site, 69, The Owner agrees, 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. 70. 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. 71, That prior to final approval, the Owner shall submit to the Ministry of Transportation for their review and approval, a copy of an illumination plan and calculations. 72, That prior to final approval, a 0,3 m reserve extending across the Highway 35/115 frontage be conveyed by deed to the Ministry of Transportation, 73. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: ii 'I [\ 'fiJ a) The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997. b) The Owner agrees to fulfill the requirements of the Master Drainage Study as they apply to this site to the satisfaction of the Director of Engineering Services, c) The Owner agrees to carry out the works referred to in Condition 62 and Condition 63 to the satisfaction of the Ganaraska Region Conservation Authority. d) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Ganaraska Region Conservation Authority. e) The Owner agrees to advise the Ganaraska Region Conservation Authority 48 hours prior to commencement of grading or the initiation of anyon-site works. f) That the Builder include a disclosure in all purchase and sale agreements advising home buyers of municipal parking regulations, to the satisfaction of the Director of Planning Services. g) The Owner agrees to place the following in all agreements of purchase and sale between the Developer and all prospective home buyers: i) "Due to the proximity of this plan to 35/115 Highway and the Canadian Pacific Railway purchasers should be aware that traffic noise may interfere with some activities of the dwelling occupants." ii) "Despite the noise control features implemented within the development and/or within the individual dwelling units, noise levels from the adjacent 35/115 Highway and the Canadian Pacific Railway may occasionally interfere with some activities of the dwelling occupants." iii) "Purchasers and tenants are warned of the existing of Canadian Pacific Railway's operated right-of-way; the possibility of alterations to or an expansion of its rail facilities thereon in the future, including the possibility that the Railway may expand its operation, 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 Railway's use of its facilities and/or operations. iv) "Purchasers and tenants are notified that the berm, fencing and other noise attenuation measures are not to be tampered with or altered and further that the Owner shall have the sole responsibility for and shall maintain these measures to the satisfaction of St. Lawrence Hudson Railway." : I 4iD h) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operation in good repair during the construction period, in a manner satisfactory to the Director of Engineering Services and the Ganaraska Region Conservation Authority. i) Owner agrees to implement those noise control measures recommended in the Noise Report required in Conditions 65 and 66. j) The Owner agrees to install a noise attenuation barrier and/or a fence along the mutual property line with the Railway right-of-way to the satisfaction of the St. Lawrence and Hudson Railway. k) The Owner agrees to obtain prior concurrence from the Railway and to provide a drainage report to the satisfaction of the Railway for any proposed alterations to the existing drainage pattern affecting Railway property, I) The Owner agrees to construct a 1.83 metre high chain link fence along the common property line of the railway and the subdivision. The Owner shall also agree to include a covenant running with the lands, in all deeds obliging the purchasers of the land to maintain the fence in a satisfactory condition at their expense, 74. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality shall be advised in writing by: a) The Reqional Municipality of Durham, how Conditions 3, 4, 32, 60, 65, and 67 to 71 have been satisfied; b) The Ganaraska Reqion Conservation Authority, how Conditions 62 and 63 have been satisfied; c) The St Lawrence Hudson Railway, how Condition 74 h) has been satisfied; d) The Kawartha Pine Ridqe District School Board, how Condition 64 has been satisfied; e) The Ministry of Citizenship, Culture and Recreation, how Condition 61 has been satisfied; f) The Ministry of Transportation, how Conditions 72 and 73 have been satisfied; g) The Ministry of the Environment, how Condition 60 has been satisfied. 4i ! NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within six 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. In consideration of the number of conditions which require the developer to up front servicing and transportation infrastructure which benefits adjacent land owners, the Municipality will entertain the preparation of a front-end agreement, at 100% the expense of the Owner, in accordance with the Development Charges Act. All costs associated with the preparation of the agreement to be borne by the proponent. 4. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 5, 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. 410 " ATTACHMENT .. The Corporation of the Municipality of Clarington By-law Number 2003-_ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington, I WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to permit the development of a 501 unit plan of subdivision, 18T-89059; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1 Section 13,4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto the fOllowing new Special Exception 13.4.32 as follows: "13,4,32 URBAN RESIDENTIAL EXCEPTION (R2-32) ZONE Notwithstanding Section 13,2, those lands zoned R2-32 on the Schedules to this By-law shall be subject to the following zone regulations: a) b) Lot Frontage (minimum) Setback from south lot line (minimum) 14 metres 7,5 metres" 2. Schedule "5" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One - Holding ((H)R1)" to "Environmental Protection (EP)"; "Urban Residential Type One - Holding ((H)R1)" to "Urban Residential (R1 )"; "Urban Residential Type One - Holding ((H)R1)" to "Urban Residential Exception - (R1-20)"; "Urban Residential Type One - Holding ((H)R1)" to "Urban Residential Exception - (R1-42)"; "Urban Residential Type One - Holding ((H)R1)" to "Urban Residential Exception - (R1-43)"; "Urban Residential Type One - Holding ((H)R1)" to "Urban Residential Exception - (R2-5)"; "Urban Residential Type One - Holding ((H)R1)" to "Urban Residential Exception - (R2-12)" "Urban Residential Type One - Holding ((H)R1)" to "Urban Residential Exception - (R2-13)" "Urban Residential Type One - Holding ((H)R1)" to "Urban Residential Exception - (R2-32)" "Urban Residential Type One - Holding ((H)R1)" to "Urban Residential Type Three Holding- ((H)R3)" 3. Schedule "A" attached hereto shall form part of this By-law, 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2003 BY-LAW read a second time this day of 2003 BY-LAW read a third time and finally passed this day of 2003 John Mutton, Mayor .1 'I q Lt " J Patti L. Barrie, Municipal Clerk This is Schedule II A" to passed this day of By-law 2003- , 2003 A.D. , ~ -:;---,<:> ..- - - II~ ' _ Zoning to Remain"(H)R1" ~ Zoning Change From "(H)R1" To" R1-43" ~ Zoning Change From "(H)R1" To "R1" ~ Zoning Change From "(H)R1" To "R2-5" L'S.S."1 Zoning Change From "(H)R1" To "R1-20" ~;;::"'~ Zoning Change From "(H)R1" To "R2-12" Idm Zoning Change From "(H)R1" To "R1-42" 1,::1 Zoning Change From "(H)R1" To "R2-13" ~ Zoning Change From "(H)R1" To "R2-32" ~ Zoning Change From "(H)R1" To "(H)R3" ~ Zoning Change From "(H)R1" To "EP" John Mutton, Mayor ~ 4 2 U NEWCASTLE VILLAGE Patti L. Barrie. Municipal Clerk