HomeMy WebLinkAboutPSD-129-03
- ;~
~, ~il1gton
~;
REPORT
PLANNING SERVICES
Meeting:
Date:
Report #:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
"DI<.{
n\;l.
18T-89059 and ZBA 2000-017
Monday, October 6, 2003
PSD-129-03 File #:
G-PP,-4l;}-()3
By-law #:
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 Report PSD-129-03 be received;
2. THAT the portion of the Foster East Neighbourhood Design Plan bounded by King Avenue
West, Rudell Road, proposed Street C and Massey Drive extension be approved as contained
in Attachment No.2;
3, THAT the application for proposed Plan of Subdivision 18T-89059, as revised dated September
2003, submitted by Sernas Associates on behalf of Foster Creek Developments and Robert
Stephenson be Approved as per Attachment No.3, subject to the conditions of Draft Approval,
as contained in Attachment No.4;
4, THAT the application for Zoning By-Law Amendment, as revised dated September 2003,
submitted by Sernas Associates on behalf of Foster Creek Developments and Robert
Stephenson be Approved as per Attachment No.5;
5. THAT the Mayor and Clerk be authorized by By-law to enter into an agreement with the Owners
or any predecessors and the By-law be forwarded to Council at such time the Owners are
prepared to proceed with this development;
6, THAT the Durham Region Planning Department be forwarded a copy of this report and
Council's decision; and
7. THAT all interested parties listed in this report and any delegation be advised of Council's
decision,
Submitted by:
vi . Crome, MCIP, RP.P,
Director of Planning Services
Reviewed by: d ~'--G-.SL.-.
Franklin Wu,
Chief Administrative Officer
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
,
t. - ~,f
"
- ,,".
RfPORT NO.: PSD-129-Q3
PAGE 2
~,.,
1.0 APPLICATION DETAILS
1.1 Applicant:
1.2 Agent:
Foster Creek Developments and Robert Stephenson
G.M. Sernas & Associates
1.3 Proposed Plan of Subdivision:
A total of 501 units including 419 single detached dwellings and two
blocks for 64 and 18 medium density units, a 2.4 ha school block, a
2.16 ha park block, two blocks for open space totalling over 5 ha,
and blocks for walkways, reserves, storm water management, and
road widenings.
1.4 Zoning By-law Amendment:
The subject lands are zoned "Holding - Urban Residential type One
((H)R1)" and "Environmental Protection (EP)". The rezoning is to
permit the proposed development. The EP lands are not being
rezoned.
1.5 Land Area:
47.678 ha (117.8 acres)
2.0 LOCATION
2.1 The subject applications are for lands located in Part Lots 29 & 30, Concession 2,
former Village of Newcastle. The lands are described as being located north of King
Avenue West, east of Rudell Road, south of Highway 115/35 and the St. Lawrence and
Hudson Railway line, and west of North Street (see Attachment 1).
3.0 BACKGROUND
3.1 The applicants originally submitted a proposed plan of subdivision, 18T-89059 in June
1989. In 1990, the applicants submitted an application to amendment the former Town
of Newcastle Official Plan, to eliminate a collector road crossing of the Foster Creek.
The local Official Plan Amendment (LOPA) was not supported by staff and ultimately
denied through the approval and adoption of the Clarington Official Plan in 1996. As a
result of the non-conformity to the Official Plan the proposed plan of subdivision
application was not approved.
3.2 The proposed plan of subdivision was re-activated in 2000. At that time the applicants
submitted applications for Official Plan Amendment, Zoning By-law Amendment, and
Neighbourhood Design Plan approval. In addition, the applicants agreed to pay for
undertaking a sub-watershed study for the Foster Creek and an Environmental Impact
Study to determine the appropriate extent of development for their land holdings relative
to the Foster Creek and associated valley.
,r-- - ",;f
.'
-.... -'" ~
f{EPORT NO.: PSD-129-03
PAGE 3
~
3.3 Gartner Lee Limited and Greenlands Intemational Consulting Inc. were retained to
complete both the Sub-Watershed Study for the Foster Creek and the Environmental
Impact Study for the proposed development. The findings of the sub-watershed study
and the environmental impact study were reported to Council on June 2001.
3.4 Following an open house for the Neighbourhood Design Plan held November 6, 2002,
staff prepared a report recommending approval of the neighbourhood design plan and
the official plan amendment. The official plan amendment was to relocate the park and
school symbol to the north side of the east-west collector road from its designated
location on the south side of the collector road. The neighbourhood design plan dealt
with the portion of the Foster Neighbourhood north of King Avenue West, east of Rudell
Road, south of the 35/115 and the railway and west of the Foster Creek. The main land
owners within this neighbourhood are Foster Creek Developments, Robert Stephenson,
Kiradaar Investments Ltd., and Aileen Rackham.
3.5 The Neighbourhood Design Plan was approved by Council with the exception of the
south west comer generally bounded by King Avenue West, Rudell Road, proposed
Street C, and the Massey Drive extension. (Street B) This area was to be further
reviewed to address resident concerns regarding proposal for limited on-street
townhouses. At that meeting Council also supported the approval of the Official Plan
Amendment. This decision was appealed to the Ontario Municipal Board by Kiradaar
Investments. The appeal was filed apparently as a result of concerns with the
Neighbourhood Design Plan. The Neighbourhood Design Plan identified a block of land
between Street H and the east limit of the Kiradaar lands and between Street I and the
west limit of the Kiradaar lands. The blocks were to be retained by Foster Creek
Developments and Robert Stephenson. Kiradaar Investments believed these blocks
would be used to land lock, and unduly delay development of their lands. The
neighbourhood design plan was prepared based on proposed a street and lot pattern
that provided equal spatial separation between streets and equal lot depths. The plan
was prepared on the basis of property boundaries.
3.6 Both these issues are reviewed further in Section 8.
4.0 EXISTING AND SURROUNDING USES
4.1 Existing Uses:
The lands are predominantly vacant and used agriculturally
and contain one single detached dwelling.
4.2 Surrounding Uses:
East :- Foster Creek and existing residential on North Street and Remi Court;
South - Given Road, King Street and existing residential;
West - Rudell Road, limited residential development and agricultural land; and
North - Highway 35/115, the St Lawrence and Hudson Railway and vacant
agricultural lands.
,
t, ,; r
.'
-Go
- ,.~
REPORT NO.: PSD.129-03
PAGE 4
r
5.0 OFFICIAL PLAN POLICIES
5.1 The Durham Regional Official Plan designates the subject property "Living Area" and
Major Open Space. The predominant use of land within the Living Area designation
shall be for housing purposes. The Major Open Space designation applies to the lands
associated with the Foster creek and associated valley.
5.2 The Clarington Official Plan designates the subject lands Urban Residential and
Environmental Protection Area within the Newcastle Village Urban Area. Medium
density symbols are designated north of King Avenue West and Rudell Rd. and north of
the existing dwellings on King, immediately west of the Foster Creek. A
Neighbourhood Park and a Public Elementary School site are to be located in this area.
The official plan amendment previously approved by Council, and subject to appeal,
relocates the park and school site to the north side of the collector road, more central to
the Foster - East Neighbourhood.
The Official Plan designates a collector road connecting from Grady Drive on the east
side of Foster Creek, to Rudell Road and further west. In addition, there is a second
collector road intersecting with King Street at Massey Drive and connecting to the east-
west collector forming an extension to Grady Drive extension.
Foster Creek as a cold water stream and the associated valley land as 'Hazard Land'.
An Environmental Impact Study was undertaken for the proposed development, and the
development limits proposed in the plan of subdivision are consistent with those
findings.
6.0 FOSTER. EAST NEIGHBOURHOOD DESIGN PLAN
6.1 It is a requirement of the Clarington Official Plan that Neighbourhood Design Plans be
prepared prior to the approval of development applications for any neighbourhood.
Neighbourhood Design Plans are a valuable document to ensure the co-ordination of
subdivision plans and illustrate the future land uses of a neighbourhood to existing and
future residents. Design plans detail the following:
. Locations of schools, parks and open space blocks, including stormwater
management ponds;
. lotting pattems and residential densities;
. road alignments, including right-of-way widths and required widenings; and
. sidewalk locations, trails and possible future transit stops.
Neighbourhood Design Plans are not prepared on the basis of property boundaries, but
rather the efficient uses of land. The Neighbourhood Design Plan implements the
designations and policies of the official plan.
<
;i,
,
>,- y
- ,-
~EPORT NO.: PSD-129-o3
PAGE 5
~
6.2 Council received the Neighbourhood Design Plan for the Foster-East Neighbourhood on
December 9,2003, three issues were raised:
1) the density of development near existing homes on Given Road;
2) the depth of the lots and the setbacks to the existing homes on Given Road
3) the "future development blocks" on Streets 'H' and 'I' were viewed as "land locking"
the Kiradaar site.
The resolution of these issues is discussed in Section 8 of this report. At the December
7, 2002 meeting Council resolved that:
"THA T the portion of the Neighbourhhod bounded by King Avenue
West, Rudell Road, Future Street 'C' and Future Massey Drive
extension be further reviewed by staff to consider the concerns of the
residents with respect to the proposed medium density development"
7.0 AGENCY COMMENTS
7.1 The application was circulated to a number of agencies for comments. The following
agencies had no objection with the subject applications:
. Veridian Connections;
. Hydro One Networks; and
. Clarington Emergency Services.
7.2 The Region of Durham provided comments that the applications conform to the
Regional Official Plan. With respect to provincial policies, the Region has advised that
an Archaeological Assessment to the satisfaction of the Ministry of Culture, Citizenship
and Recreation must be submitted for review and approval. In addition, they advised
that the Ganaraska Region Conservation Authority and Ministry of Transportation must
be satisfied with respect to environmental issues and setback from Highway 35/115
respectively. Extension of existing water mains and sanitary trunk are required to
accommodate the development. Conditions of approval with respect to these services
have been provided and incorporated in the conditions of draft approval. Lastly, a road
widening on King Avenue West is required.
7.3 The Clarington Engineering Division provided a number and conditions of draft approval
for the proposed plan of subdivision application. Engineering provided conditions of
approval with respect to phasing and staging of works to be completed for the
development, including improvements to the existing road infrastructure. Comments
and conditions include the following:
. The Owner shall close Given Road at the intersection of the Massey Road
extension and provide for a proper turn around facility. This will ensure that the
existing residents of Given Road maintain their current access location;
. The Owner will be responsible for storm water drainage works and facilities
necessary for this development, in accordance with the recommendations of the
.
i
,
.~ -.
,
.. .
REPORT NO.: PSD-129-03
PAGE 6
"
Foster Creek Sub-Watershed Study, to the satisfaction of the Director of
Engineering Services;
. The applicant will be responsible for construction of Grady Drive extension
across Foster Creek;
. Development will occur based on the phasing and staging plan reviewed and
approved by the Municipality. The Owner will be responsible 100% for the
construction of any roads necessary to accommodate the development. Should
the development proceed prior to municipal works being included in the Four
Year forecast and the Capital Budget, the Owner shall be 100% responsible for
the costs;
. The Owner will be responsible for initiating the process of closing and conveying
any existing open road allowances required to implement the plan of subdivision
in conformity with the Neighbourhood Design Plan;
. The park block must be made available in the first phase and rough graded; and
. Any request from the Owner for a front-end agreement, to be prepared by the
Municipality of Clarington, is 100% at the cost of the Owner.
7.4 The Ministry of Transportation requested that any development be setback from their
highway property line 13.7 m. Furthermore the Owner will be responsible for obtaining
permits from the Ministry for any buildings proposed within 46 m of the highway property
line. Conditions of approval include review of an illumination plan and transfer of a 0.3
m reserve across the Highway 35/115 frontage.
7.5 The Public School Board has no objection to the proposal. They noted the proposed
development will yield approximately 161 students. They require the school block to be
available within the first stage of the first phase of development.
7.6 The Separate School Board also had no objection to the proposal, but advised that a
crossing guard at Rudell Road and King Avenue West will be required and that traffic
signals should be installed at this intersection to ensure the safety of students required
to cross King Avenue West to their school on Rudell Road south.
7.7 Ganaraska Region Conservation Authority provided a number of conditions of draft
approval dealing with stormwater management and conveyance of overland flow. The
conditions provided ensure that the requirements of the subwatershed undertaken for
the Foster Creek and Environmental Impact for this development are undertaken.
8.0. STAFF COMMENTS
8.1 The plan of subdivision proposes a total of 501 units. This consists of six (6), 12 m
frontage single detached dwelling lots, thirty-nine (39), 13.5 m frontage single detached
dwelling lots, three hundred and seventy-four (374), 15 m frontage single detached
dwelling lots, and two blocks for 82 medium density units. The owners have indicated
that medium density block 420, in the south east corner of the plan, is intended to be
, ;-
,
.
~ *-
REPORT NO.: PSD-129-03
PAGE 7
(
used for a seniors residential care facility. Block 421, the medium density block in the
south west corner, is required as a condition of draft approval, to develop with adjacent
lands to the south. The proposal is consistent with the population targets of the Official
Plan and the neighbourhood design plan.
8.2 Gradv Drive Bridae
The plan of subdivision provides for a neighbourhood park and public elementary
school, as well as the extension of Grady Drive, westerly across the Foster Creek and
the extension of Massey Drive north of King Avenue West. The two road extensions
provide for the collector grid road network required by the Official Plan. A number of
residents residing on Remi Court objected to the extension of Grady Drive across the
Foster Creek. They suggested that in their opinion the creek crossing was not
necessary, would impact the environment and increase traffic on their street. The need
for Grady Drive to cross the Foster Creek was considered through the preparation of the
Clarington Official Plan and supported by staff and Council. Furthermore, through the
Environmental Impact Study, Gartner Lee and Greenlands Engineering concluded that
the creek crossing could proceed and that the bridge design would determine the
appropriate mitigation methods.
8.3 Street Townhouses
As a result of Council's decision on December 9, 2002, with respect to the
neighbourhood design plan, staff had discussions with Mr Rickard and Mr. Rackham to
resolve the issue. Mr. Rickard believes that the on-street townhouse units proposed
west of the Massey Road extension on Street G would decrease property values and
not fit in with existing and proposed single detached dwelling~ to the east. After
discussions with Mr. Rackham, the owner of the lands, it was agreed that the
townhouse dwellings would be removed and replaced with 12 m single detached
dwellings (see Attachment No.2). While it is staff's view that higher density uses
should be located along the Regional Transit Spine, the medium density block identified
in the Neighbourhood Design Plan is being retained. The loss of 14 townhouses and a
net loss of 4 residential units is not a significant change. Accordingly, staff has no
objection to change to the Neighbourhood Design Plan.
8.4 Future Develooment Blocks Affectina Kiradaar Lands
The issue of the 'future development blocks' bordering the east and west limits of the
Kiradaar Investments property was discussed with both the applicant and Kiradaar
Investments. Staff encouraged the two landowners to find a solution, which would
provide certainty with respect to the acquisition of the blocks in question. A key issue
was to ensure a fair and equitable mechanism for the cost recovery of all services and
infrastructure that would be over-sized to accommodate the Kiradaar lands was
developed. All though the two land owners agreed on many principles associated with
this concept, they could not come to a final agreement amongst themselves.
~
.
~~ ..
.
. .-
REPORT NO.: PSD-129-03
PAGE 8
In the interest of moving both developments forward, staff agreed to an adjustment to
the road pattern of the neighbourhood design plan. The modification would see Street
H and Street I shifted to the property boundary of the applicant and Kiradaar
Investments lands (see Attachment 1). This realignment eliminates the two blocks in
question and adjusts the lot depths for some lots in both plans of subdivision. Both
parties have agreed to the proposed revision. In addition, to the design modification,
staff have indicated that a front-ending agreement, would be an acceptable means of
determining an apportionment of costs to be paid by each development interest in the
neighbourhood. The agreement will be prepared in accordance with the Development
Charges Act at the cost of the applicant and will be registered against title of all land
owners benefiting from the construction of services associated with plan of subdivision
18T-89059.
Staff support the change to the plan as it provides a mechanism to address the
concerns raised by Kiradaar and one of their main reasons for appealing the official plan
amendment.
8.5 Rear Yards AlonQ Given Road
Another issue raised when Council considered the Neighbourhhod Design Plan was the
issue of rear yard depth abutting existing development. Lots 139 to 143 were originally
proposed to have a minimum 5 metre rear yard. However, in response to issues raised
at the December 9, 2002 meeting the zoning for these lots requires 7.5 m minimum rear
yards, the standard depth in urban residential lots.
8.6 PhasinQ of Development
The approved Neighbourhood Design Plan included a Phasing Plan. Phase 1
incorporates all the lands south of the Grady Drive extension. Given the number of
units within phase 1, two access points are required for the development to proceed.
Development of the entire subdivision requires the construction of all three access
roads; Grady Drive extension, Massey Drive extension, and construction of Rudell Road
to an urban standard. The construction of the Grady Drive extension is considered to
be the responsibility of the Owners of these lands and will be a costly endeavour. As a
condition of draft approval the owner is required to post securities on a pro-rated basis
as development proceeds for the cost of the Grady Drive bridge. The Owners also do
not own the lands between Given Road and King Avenue West, and there are no
proposals on these lands at this time. As a result there may be some difficulty in
providing a second access to Phase 1 as required. The developers have proposed to
split Phase 1 into two stages on the basis of road access and storm water management.
The first stage still includes the park and school block with a reduced land area based
on access from Rudell Road. Subsequent phases require additional access roads to be
constructed. As a result, the phasing will be as follows (see Attachment No.6):
Phase 1
Phase 1
Phase 2
Stage 1
Stage 2
One access road and west stormwater report pond
Two access roads and both stormwater management ponds
. Three access roads and both stormwater management ponds
~
.
.
-,!
:
REPORT NO.: PSD.129-03
PAGE 9
8.7 Reconstruction of Rudell Road
The Neighbourhood Design Plan has been revised to illustrate the Phasing strategy
(see Attachment 6). Reconstruction of Rudell Road is subject to inclusion in the
Municipality's 4 year Forecast and Capital Budget approval. Should the Owners wish to
proceed in advance they would be 100% responsible for the cost.
8.8 In recommending draft approval staff have relied on the agency comments provided and
the recommendations of the studies submitted in support of these applications,
including:
. the Foster Creek Subwatershed Study;
· the Environmental Impact Study;
. a Traffic and Rail Vibration Impact Study; and
· a storm drainage and grading concept plan.
8.9 As of the preparation of the report Finance Department advises there are no taxes
owing on the subject lands.
9.0. CONCLUSION
9.1 in consideration of the comments received from the circulated agencies, staff support
the draft approval of the proposed plan of subdivision as contained in Attachment No.3,
subject to the conditions of Draft Approval contained in Attachment No.4. In addition,
staff support the zoning by-law amendment as contained in Attachment No. 5
implementing the proposed plan of subdivision.
Attachments:
Attachment No. 1
Attachment No.2
Attachment No. 3
Attachment No.4
Attachment No.5
Key Map
Area of Neighbourhood Design Plan subject to Revision
Proposed Plan of Subdivision
Conditions of Draft Approval
Proposed Zoning By-law Amendment
>,
.
- ,
.
REPORT NO.: PSD-129-03
PAGE 10
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 18 1J1
Ted Bamoski
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 1C 1N5
Dan and Marg Maskell
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 L 1B 1G9
Frank Feldman
7 Director Crt., Suite 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 Ironside Crescent, Unit 23
Toronto, ON M1X 1M2
Kevin Buchan
3 Remi Crt.
Newcastle, ON L 1B 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 1 B 1J1
Dr. Lee Rackham
165 Foster Avenue
Belleville, ON K8N 3P8
Mr. & Mrs. Bath
46 Given Road
Newcastle, ON L 1G 1G9
Larry Brunt
12 Remi Crt.
Newcastle, ON L 1B 1J1
Mr. & Mrs. T. Howe
1 Grady Drive
Newcastle, ON L 1B 1J1
ATTA HMENT NO 1
~ SUBJECT SITE
m KIRADAAR INVESTMENTS LTD. LANDS
LOT 30 LOT 29
t
~Wf'?
~t\Jc
~..<!
N
Z
0
(f)
(f)
w
()
z
0
()
[
0::
Cl
<(
o
NEWCASTLE VILLAGE
KEY MAP
I
ATTACHMEtH 2
I
+ + l: ITtDIEJJ : J
+ +
+ + , - , PORTION OF FOSTER -, - ,
+ + NEIGHBOURHOOD
+ + + SUBJECT TO + 'I
+ + + FURTHER REVIEW + I
+ +
+ + + +
+ +
+ + +
.
,
- , - -----
l! /
r ~ \
I
I I 2. 29 30 31 32 33 34 35 36 37 Q:
38
II I 2 27 Cl
!CJII 3 /- - - - ---7eRO- -- - ---, 39 1>- I
'~I ~
I I 26 I ~-- ---- - ------------... I
II: III 4 ( I (r)
I I I 40 I~ \
\ I I
5 I 51 50 4. 48 47 4fi 45 "
I I 25 I I I 41
I I
" , I , I
Foster Neighbourhood Design Plan
ATTACHMENT NO 3
---
~"'='i---"'-1l"_, _,
w.=."IBi-!:=!f~'!.,
~::_- ~ ;:;:---.-.~~~~!
~...._-~.:~...... - ==:::=:::.-:-::= ~(~
/~ ..... ..1........... ~--;~~_;;;'_____' ~.: ,-
/; :f. ' - -- _f., %. .1.1~ "':-,:;.~~---__ :a=;;._, s='. ,-- :::J
\ \ \ ~-f .." :,. :::: ~ -.... -. +,...... "'.:/-~'lf::f~---=:=:::'.-.-.. .-. l -
--__U--'---'I '''r~ I' -I" _"._.1.,,- .".-,-. 'Z:::_.-------.::.::::------_ -
'\"\/ ~__-j '--::f~ ... :: ~ I .. . I . , - .....,- T ~---_____-----__
~,--~ ~--f- -f :::;--. . ::: :: : -""-: ~ )~ ;, - ' , , ~ -.:: ':::::; ," \ ---- ". -----
\\\[LTI l=.E :: :: :: :; ~:..+uu.~~r:~S fr;-t'~ ~ 7-.r-ri:;'>~-
y I........ ~PEH SP.CE \..1../ I/....,..._~I "'''r'''
TTTT! Tff1l. r. - ),:,~:;;~ .,.\, r',/.,'- "
~ I I I" .., ~ "'. - ' , 'I. - -,-I' ' ." , - ,. ' , ,- ,\ \\i:-\ ' ,>-'-- I,
....L..L..L..Ll.1... ,... -I I'" .....................""'''''1...'''' !""I""'-""i""...~.:~,..."'''.~'.~,,~~\ _:....r 'i..../_L.'l/......... :
-- .... .... ~ ' ........ I ". t .... I, ......>...'1"'"1... '1e'::.- ,I
.... .... ~ I :1~~.' ~\.,;"i,;-"""I..I..I:J
. ... ... . ..12 I '--:.,.,..... . ""'- ! I I I" I 1--_ I
_ I ~... ", I, _..1._" L, _~__ "
.... .... ~ ~ ... J' ~ I "" \ \ -~-i
C DEVELOP"'''''' I- ,......1 ~ PlJBUCELEIOEMTARY5CHOOL NEIGHBWR>IOOOP_'1 ~STR.':C 11'... J.. _':_-1,--1--;;- j
~== ,- .... .':~::'., ,<:::"~, :' ';:.-_,-- ~': -:-i~t=:=
r = :: :; ~ Ii ~- _~~ ;....; > =~=~~=~=
.___.____~ I"'" -I ....' :; :I~~I:I ""I ;-::'f \, -.-l-.~~-= ~
I j' l I GRADY I '"
JJl~,l-C~. E-j-,--~ ;-0-, OR'V[ I
ltt. t-t,= -jJ -.-:.+--- ,'. .,' ~: ~ ..,.,: ~I~"..:: - :~: ~...... ~:--S ~," \ .'ft~t-;:~~
i R --~.-- ,. 1f ~ 'L"""...T_~_.J.j ~
L._j ~:=-t- :: ::: 8~""": ......":: :: ON~'~' r' --s-; ~ OP:_~~f:~E .:.:=J i
-r'T1lT1 ~.--~- ,::: 1."__ - .,. "., I." 040' ~ 1_ ,.. ~ 53;:.C;;'~:~ 1 ---~]
1100' "E.-','-c" .. e--..... ..---' ,.. -, .. L ':1
it. ~I -t------- ~ I ... ,:: II. __:: ~: :. .... R>' --;;- ---r-.:=1 i:
I --+- .. e---....!.... ~ .... O. -'-='- ':.~ --- >---'1'
_LL -L) _L-.-, ..,'" - 0 :- -.. 1 ll' :::: 1'''_ ,.. 1 ~ ~ ;___l_::~ :
~ r-r : ~:.. '1<-: ::,;: : ,: : ,- '-0 ' Ff;ft-~1'
ttt~j ~E_-- : ,:: ~:.."":'...:~~,~ ~, ;=- ~~ ~u-~~~;~~~~t,.~_~:,; !,
~~~~, :I:~;;~;" :,:-:: .::!:,.~ :::: ,~.rn;;~~ ----- r~~ i
_ ----.. :'~oo.) 0 '" I ,..' " " 'f'. ~ ('_""""_'''--l ~---T---l-1.--1 J
-- - ~' ". ,.. I.' _. I. -r:r_I ~ 's / ~,~. I - ,. _ \ : .'..', .. I' "
- --~';;"'I-,L-= -":J, _[;- ._...... l.'..~...~-- ." -..,\, 1 ~I 1 I
j -.mrnr- _ ~ -r --1' : : : -r:-- ~___.I.___..J :
~I -- - {:::;::;iT h_~) I I I tt 1 ~- I' . II). 1 : 1
'CJ ~--1-:;:t~1~~ \ -- i L-J;, 7 .-- , :"4~~~ J! l~ ~ .l! t-t=:~==~ i
~_~C--J~~d~-l~~~ ._. --_ ____________ I I .~_~ _____-;~-:}4..-~~~~it -3i:~~~:~L~~J L
~~~~fTV.:.?.:tri:,:c ~fT:f"'TIJ~'o~o'~ =-=- =;<'..
i'ii~ : ii (f. .!. " .!~. "I : I li~,l,/! ! -=' ;:i~--
1111\ : 1-1~'1,1Jj1~-
Ii I. " .1)_
:,1',' .. ----w'.- -T-r----
" "''''' "I, I
I I . ..
Ii I'" " ----;;- , l-~---
1!11~" I ~ i "'I 1,11''\
1!1!~" .!
PfIOPOSEO RESUBIIIISSlOfol OF PlAN
18T -890590'..
PARTOFL.OTS 211 a:JO,CONC. 2
MUNICIPALITY OF CLARIi'iGTON
RcCDlAL WNlapAlJrY OF DURHAAl
--,-<,
I---!F=::.j 4-
.T-~ FOS
~'C
_...N _..
.-.. .'0:'":.. DP_o,
ATTACHMENT <4
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 approxirnately 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,
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 8, 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
.
.
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 "8" (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,
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 Rudell Road to a collector standard from King Street West to
Street A 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 turning circles will be required on Street G and Street
H. Access to the Medium Density Block, Block 421, may be restricted or prohibited
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 rnust 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.
. '!'
.
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 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 Subsection3.2.5.2(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
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.
'"i '..
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;
~ ,~,
.
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
provide the Region with a copy of the subdivision agreement containing such provisions
prior to final approval of the plan,
-0; -1
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:
'; ~,
,
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 61 and
Condition 62 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."
il) "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."
--l /~
.
~
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 64 and 65,
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, 59, 64, and 66 to
70 have been satisfied;
b) The Ganaraska Reqion Conservation Authority, how Conditions 61 and 62 have
been satisfied;
c) The St. Lawrence Hudson Railway, how Condition 73 h) has been satisfied;
d) The Kawartha Pine Ridqe District School Board, how Condition 63 has been
satisfied;
e) The Ministry of Citizenship, Culture and Recreation, how Condition 60 has been
satisfied;
f) The Ministry of Transportation, how Conditions 71 and 72 have been satisfied;
g) The Ministry of the Environment, how Condition 59 has been satisfied.
'-, .~ ~, :
.
..
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.
. ~
, , I, .
.
....
.
ATTACHMENTS
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.
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 ihe Council of the Ccrporation of the
Municipality of Clarington enacts as follows:
1, 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 - (R2-13)"
"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,
MAYOR
CLERK
<
f . "'
'"'; \"... ,.
.
II
This is Schedule"" A""
passed this day
to
of
By-law 2003-
, 2003 A.D.
,
_ 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" ~:;::::;::::;:::l Zoning Change From "(H)R1" To "R2-12"
Ilml Zoning Change From "(H)R1" To "R1-42" 1:::::::':::::1 Zoning Change From "(H)R1" To "R2-13"
~ Zoning Change From "(H)R1" To "(H)R3"
~ Zoning Change From "(H)R1" To "EP"
John Mutton. Mayor
Patti L. Barrie, Municipal Clerk
NEWCASTLE VILLAGE
J
... .",-
~ ~;... ~
..
.
~
..
"'01 '0 I~.
u...I WI ,-~r . ,I:'
<.:II t;:iOIe! i1S", I;
z 00 ~ !!Ie
_ ~I WI '
: ~al!~hh ~'i.,
::c II'. ~
1- '~ .
... '" CJ I Z I
Ow a '
zZ ill i
, 11
----:- TIT:"-'~ iJJ.'ij~ ~1W11
, 'I I i T,,..-,r=-T
u_ _L ,~j, '~2h-'
_, '<FIO) __",,,,-j I
_ ,I IT- ~I ~~ COC!-
Y " 'IT
I i
_I
, '
-_, --.J
\j
<
"
.~
o
z
o
"-
in
'"
w
/1
r
; f- _J-
~
~,J t?~1'",
,.,"0""".
~
illi ~. -
~r' 1--
, l !!Q;{ ~-
I III I
'~n
' I
. .
II[
----J~
-1--'
:::t:=J :
I i 1-]
~j
"
/
, ;
, /
d
.,
,
IIH
: '
, _--------.J'I .
".yJ~ I L:::::J
\,< i.l I I L'
. \j .,;...j ::::j
.....';:---l..J..J-...----:~'
. y ~ -j C-\
0'1- ~----;./~ y-~
/', ,//-
/ / ,<,-,A ~ I
'7 /' --";.. ~/;. - ,--<'I-I'
--""s.,c \~ ~>/A<"'-<""{\\' " ;
~ :(<.-( ,,\'\'c.U
-0'1- '\ \, / ..
-;.. ,,/
v \
c'
.I----LJ
- -~:-
;
j-----:i ~j L i --,
,'_'LI' ~,~ -
.L j i ',iT',/
E..L~' t:_::1 ILJJL I !
t~::1 ~::;::: ~~I-~j
_+= ~:t - ~~I-j!/
= +-l ~;~=F~,~,.';/,/
r--.----------1 ~ -I _ __1
-::-,----- _,..I" ,
~~--:-~-~~~:; -:__ i: i
(' \:z;>, <.~I !
/\/7> ' ' J
. / ,'~;!' '1
'< ~.~//i-:, j',
---LI_l!
~
I
-I
z
o
"-
t-
V)
~
-'
'.\).-
\->---'
o ~! ~
.p
z g"'3
~ i I i
~ I: I
I i ~
E ~
~!; '.
qfi~, il
<" :!
Eo :f i
z,g'" :i 'J
;: 3 ~ :"
~H :~
"
1_ ---.i
i'-
^
Q -
,
,
~ I
G1
! l
;"1,'{fJ.<j"
b~
"
, '
o
, I
,
"'"
,
- ,
~~Ot! 77]()1111
,-
!
ATTACHMEINT NO 6