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HomeMy WebLinkAboutPSD-041-02 't (.}" b P . U81f Leadingt~ REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: Monday, May 6, 2002 P / f PSD-041-02 File #: S-C-2001-003 ZBA 2001-021 t;//t-ICff-o 'J- By-law #:}mOL -6 % Subject: PROPOSED DRAFT PLAN OF SUBDIVISION AND REZONING APPLICATION WEST BOWMANVILLE DEVELOPMENTS LTD. PART LOTS 15 & 16, CONCESSION 1, FORMER TWP. OF DARLINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-041-02 be received; 2. THAT the application for proposed draft plan of subdivision S-C-2001-003 submitted by West Bowmanville Developments Ltd. be APPROVED subject to the conditions contained in Attachment 5; 3. THAT application for Zoning By-law Amendment ZBA 2001-021 submitted by West Bowmanville Developments Ltd. be APPROVED as contained in Attachment 6; 4. THAT the Durham Region Planning Department be forwarded a copy of this report and Council's decision; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. SUbm.... "" ~ David J. rome, M.C.I.P.,R.P.P. Director, Planning Services RevieWedbya~~~ Franklin Wu Chief Administrative Officer CP*L T*DC*df 30 April 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3AB T (905)623-3379 F (905)623-O830 609 >'-- !. f ! .J REPORT NO.: PSD-041-02 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: West Bowmanville Developments Ltd. 1.2 Agent: G.M. Semas & Associates 1.3 Proposed Draft Plan of Subdivision: To permit the development of two blocks for a 2-building 72 unit apartment building and a 6697 m2 residential care building containing 112 suites and 16 one-bedroom units. 1.4 Proposed Zoning by-law Amendment: To rezone from Agricultural (A) to permit the proposed development. 1.5 Site Area: 3.24 ha 2.0 LOCATION 2.1 The subject property is located in part Lots 15 and 16, Concession 1, former Township of Darlington. The subject lands are generally described as being immediately south of the Canadian Tire store, east of Regional Road 57, and abutting the north side of the St. Lawrence and Hudson Railway rail line (see Attachment 1). 3.0 BACKGROUND 3.1 An application for Zoning By-law Amendment and an application for draft Plan of Subdivision approval were received on October 15, 2001 for the subject property. In support of the applications the proponent submitted the following studies: . a Rail Noise and Vibration Impact Study; · a Functional Servicing Brief; and . an Environmental Site Assessment Report. . 610 't ~. ~ .t REPORT NO.: PSD-Q41-Q2 PAGE 3 , 3.2 The applications propose the creation of three blocks in total, two high density residential blocks, and a park block, in addition to road extensions. The block sizes have been increased slightly from the original submission to accommodate agency comments. The southem residential block, a 0.97 ha parcel is to be used for a 72 unit seniors apartment building. The other block is a 0.85 ha parcel for a 6700 m2 building, containing 128 units consisting of 112 suites (bachelor units) and 16 one-bedroom units. The application was originally circulated for a 72 unit seniors apartment building and a 92 bed seniors care facility. Application for site plan approval has been filed for Phase 1 only which incorporates the 128 units. 3.3 A Public Meeting was held December 3, 2001. No one, other than the applicant spoke at the public meeting. 4.0 4.1 EXISTING AND SURROUNDING USES Existing Uses: The subject lands are currently vacant. 4.2 Surrounding Uses: East - South - vacant land and Regional Road 57 the St. Lawrence and Hudson Railway line and the Aspen Springs subdivision vacant land and a few existing residences on Green Road; and West - North - Canadian Tire store, the Clarington Centre and a place of worship, Church of Jesus Christ of Latter Day Saints 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Regional Official Plan designates the subject property "Main Central Area". The policies of the Regional Plan suggest these areas are to be planned providing a fully integrated array of uses including residential 5.2 The Clarington Official Plan designates the subject lands "Main Central Area". The lands are further designated High Density Residential within the 611 't r '!c J REPORT NO.: PSO.Q41.Q2 PAGE 4 Bowmanville West Main Central Area Secondary Plan. The High Density Residential designation permits development with a density range of 50 to 150 units per net hectare, and apartment buildings up to 6 storeys in height. The application conforms with the policies of both Official Plans. 6.0 ZONING BY-LAW PROVISIONS 6.1 The subject lands are zoned "Agricultural (A)" within the Clarington Zoning By- law. Said zone would not permit the development of an apartment building or a residential care facility, hence the need for the rezoning application. 7.0 AGENCY COMMENTS 7.1 The application was circulated to a number of agencies for comments. The following agencies have advised they have no objection or comments on the subject applications: . Kawartha Pine Ridge District School Board; and . Enbridge Consumers Gas. 7.2 The Clarington Emergency Services Department and the Clarington Building Division both advised they have no objection in principle to the proposed applications, however, a more detailed site plan application is required to evaluate the proposed development. Both have been circulated the site plan application for Phase I. 7.3 Clarington Engineering Services provided a number of conditions should the application be granted zoning and draft approval. The comments have been incorporated into the conditions of draft approval as contained in Attachment 4 to be implemented through the engineering of the site. Engineering Services did request that the plan be amended to extend the road abutting the north limits of the site, Prince William Blvd., easterly to connect with the private road on the east side of Canadian Tire store. The revised plan incorporates this change. 612 .. .. . ~ REPORT NO.: PSD-041-02 PAGE 5 7.4 The Canadian Pacific Railway advised that in addition to the conditions contained within "Rail Noise and Vibration Impact Study", the Municipality include within the subdivision agreement, a waming clause, to be contained in all offers of sale and purchase or lease agreements of each individual unit. The warning clause is to advise prospective purchasers or tenants of the existence of the railway and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations. 7.5 Central Lake Ontario Conservation Authority have reviewed the application and have no objection subject to conditions of draft approval. The conditions deal with on-site grading and construction of the final plan approval. 7.6 The Region of Durham Planning Department provided comments advising that the proposal conforms with the Durham Region Official Plan. The applicant submitted an "Environmental Site Assessment Report" (December 1999) which concludes the site meets the criteria for residential development. The "Rail Noise and Vibration Impact Study" (November 13, 2001) is found to be generally acceptable. Sanitary sewer can be provided from an existing 525 mm sanitary trunk sewer abutting the property. Municipal water is also available from an existing 300 mm watermain abutting the property. As a result they have no objection to the approval subject to conditions. 7.7 Rogers Cable advised they have no objection to the proposal. However, in order to service the proposed buildings, Rogers will need to install new buried facilities on Clarington Blvd. from Durham Highway No.2. 8.0 STAFF COMMENTS 8.1 The subject applications propose to develop a 3.24 ha parcel of land immediately south of Canadian Tire, fronting on the extension of Clarington Blvd. and Prince William Blvd. with two residential blocks. One block is proposed to be developed with a 6700 m2 building, containing 128 units consisting of 112 suites, bachelor 613 ~. < .. REPORT NO.: PSD-041-02 PAGE 6 type units, and 16 one-bedroom units. The individual units will not have a kitchen, but rather a 158 m2 (1700 sq. ft.) common dining room is being provided on the first floor. The second block is proposed to be developed with an apartment building containing 72 apartment units. The development would include the extension of Clarington Blvd. southerly and the construction of Prince William Blvd. from Clarington Blvd. easterly to connect with the private road on the east side of the Canadian Tire store. In addition, the plan incorporates a 0.58 ha parcel for park purposes on the south west corner of Prince William Blvd. and Clarington Blvd. 8.2 The West Bowmanville Main Central Area Secondary Plan designates a park block on the south west corner of Clarington Blvd. and Prince William Blvd. Block 3, is a 0.58 ha block for park purposes within this designation. The Municipality has previously acquired a 0.43 ha parcel immediately to the north of Block 3, through other development applications. The 0.58 ha and 0.43 ha parcel represent 100% of the park block in this location. Parkland dedication for high density developments is based on 0.25 ha per 300 units within Central Areas. Based on the recent revisions to the application, the required parkland dedication for the proposed 200 units is 0.165 ha. Therefore, Block 3 represents an over dedication by the applicant. Through the execution of a subdivision agreement the Municipality and the applicant will address the difference between the proposed dedication and the required dedication. 8.3 The lands are within the Bowmanville West Main Central Area and are designated for high density development. The lands are immediately west of the designated future GO train station and south of lands designated retail commercial. The applicant has submitted a site plan application for the development of Phase I which contains the 6700 m2 building, 128 units. Although the site plan application is not finalized, staff are generally satisfied that a development generally consistent with that proposed could be developed on the subject lands. 6~4 ~, < ~ REPORT NO.: PSD-041-02 PAGE 7 8.4 The site plan will continue to be processed for Phase I, ensuring that the development complies with the West Bowmanville Main Central Area Secondary Plan Urban Design Guidelines, the conditions of draft approval contained in this report and the zoning of the site. Although a site plan application has not been filed for Phase II, based on the outline for Phase II, shown on the Phase I site plan, staff have advised the applicant of concerns with a lack of outdoor amenity area for Phase II. The subdivision application allows the creation of two separate blocks, and potentially separate owners. Although the buildings will share access points concentrating the amenity space in Phase I, is not appropriate for the overall development of the site. Staff will review this issue once the site plan for Phase II has been filed. 9.0 CONCLUSION 9.1 The application has been reviewed in consideration of the comments received from the circulated agencies and the policies of the Clarington Official Plan. The applicant has made revisions to the proposed amendment to Draft Approval to address comments and has agreed to the conditions of draft approval as contained in Attachment 5. In consideration of the comments contained in this report staff recommend the proposed plan of subdivision, as contained in Attachment 4, be approved subject to the conditions contained in Attachment 5 and the proposed zoning be approved as contained in Attachment 6. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Site Plan - Phase I Attachment 3 - Proposed Plan of Subdivision Attachment 4 - Proposed Plan of Subdivision Detail Attachment 5 - Conditions of Draft Approval Attachment 6 - Zoning By-law Amendment . 615 , . REPORT NO.: PSD-G41-G2 PAGE 8 List of interested parties to be advised of Council's decision: G.M. Semas & Associates Ltd. 110 Scotia Court, Unit 41 Whitby, ON L 1 N BY? West Bowmanville Development Ltd. 1029 McNicoll Avenue Scarborough, ON M1W 3W6 Chris Parliament 333 Frankcom Street Ajax, ON l'I S 1 R4 616 , , ATTACHMENT 1 _ SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 16 LOT 15 U.E] N . AVE. . Cl ~ CD Cl ~ e::: z w w e::: C> ~ BOWMANVILLE KEY MAP SC 2001-03 611 ..-- z o en en w () z o () -I I ,I 11'1',1' " .. I II I'~ :"'11 , . r 8 .. r~ ~ ~ ~ " I!!I~. ~ 1.1. !ll;.1 !ii ;;IN~ In:J ~ !i!i ',1 :IJl jl,1 j '=4\ 1 H U:.. III! '1 I 'I' Jl )'i! U I ~ ~ ~ i i ~m i ~ 1 ~ I! ~ ~~'~~:r n~ ~'..~;q'll U! ~~ i i ; ~niJ:e "i ; L~ ~~n jU~; ,11111 ~~~!I!i!lH!p~:; Uq~I!I!~U!P~:~ '~i ;gi! dh~;~h:: Mill ill;~~d t!! Mill m :ii~ 2 ~ ~ ~ ~ '(:- . !I ,.f'''''' & i I r ~ i ! ~~! \~I il ~! No U ~~ ~= I ii;W ~ lidl , . 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" ./ ~ ./ -"- " ------ .."', -----' " ~/ " ~ -_'-.~ '~....~" ~ 02'" 2.!;:"~ - ~d~ .:.7 /'-. \,'. ./ ,/ \ \ I I I ,. ./ ./ )' I 1 T" 1 1 I 1 I 1 1 1 \;.,. ./ \..\ \ <- \ .\ \ \ , !!lll ~ ~.., ~ ~';\'" ';i~~ , '::r ~.i " ....1 .x- ....1 ..' .",',.",': ~::: ~;~~ " '\' " '\' \.; ~:, l"S! ~~ -~ z'~ 1 I If'l I, I \!' 1 1..../ I - ~ '..1 r::~1 (). / .~~ Q.' ... '::1: ll' ~~~~ ;0911 1ll.0l.o;~.HN / ;0'[9 M.Ol.~.LlN \ 620 , . MfMI r ITl"<<. Draft Plan of Subdivision Approval West Bowmanville Developments Ltd. Part Lots 15 and 16, Concession 1, Darlington File: S-C-2001-D03 CONDITIONS OF DRAFT APPROVAL 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2001-003 prepared by Design Plan Services Inc. identified as drawing number 8725-4/14, dated April 24, 2002, as revised, which illustrates two high density residential blocks for a 72 unit apartment building and a 6700 m2, 128 unit residential care facility, a park block, and roads. 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 terminate any deadends 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. 5. 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. 6. The Owner shall convey Block 3 to the Municipality of Clarington for park or other public recreational purposes in accordance with the Planning Act. 7. Block 3 (Park) must be provided gratuitously to the Municipality in a form satisfactory to the Director of Engineering Services, and may include the requirement for a Soils Report indicating that no foreign material is present. The park shall be graded to ensure proper drainage and compatibility with abutting lands and roads. The extent of topsoiling/seeding/sodding to stabilize the site shall be determined by the Director of Engineering Services. The block shall not be used for the temporary storage of any materials nor shall any material be imported to or exported from the block without the approval of the Director. 8. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 621 , 9. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 10. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 11. The street landscaping for this subdivision must conform to the streetscape and landscaping guidelines for the Bowmanville West Main Central Area. All street landscaping will be subject to the approval of the Director of Engineering Services at the engineering approval stage of the development process. 12. The storm water drainage works and facilities necessary for this development must be constructed in accordance with the West Side Creek Master Drainage Study, dated October 21,1997, prepared by G.M. Semas and Associates and as finally approved by the Director of Engineering Services. This shall include any temporary works that are deemed necessary by the Director of Engineering Services to provide for this development. 13. That the Owner retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 14. The Owner will be required to construct Bowmanville Boulevard from Clarington Boulevard to a point just east of the existing private road (future Street G in the Bowmanville West Main Central Area Secondary Plan) that is situated on the east side of the Canadian Tire Store. A temporary turning circle must be constructed in the Bowmanville Boulevard road allowance immediately to the east of the new entrance onto the existing private road. The final design will be subject to the approval of the Director of Engineering Services. 15. The new section of Clarington Boulevard must be centred within the road allowance. This requirement must be incorporated into the engineering design for the subdivision. Sidewalks must be provided on both sides of Clarington Boulevard and Bowmanville Boulevard in a manner satisfactory to the Director of Engineering Services. 16. A temporary turning circle will be required at the southerly terminus of Clarington Boulevard. The location for the proposed turning circle must be indicated on future engineering submissions in support of this application. 17. The Owner will be responsible for 100% of the cost, financial or otherwise, for any external traffic improvements, both on public roads and private driveways, 622 that are deemed necessary by the Director of Engineering Services to provide for the subject development. 18. The Owner will be required to provide a Transportation Implementation Report that is satisfactory to the Director of Engineering Services. The required Report must identify the proposed strategy for implementing all of the road improvements as well as any other improvements that are necessary to facilitate development of the subdivision. The Report must demonstrate that the existing road network (both public and private) within the Bowmanville West Main Central Area will not be adversely impacted either during, or after, the construction of the proposed development. 19. The Owner will be responsible for 100% of the cost, financial and otherwise for any traffic control measures that are deemed necessary by the Director of Engineering Services on any existing municipal roads, new municipal roads or private roads. 20. 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. 21. The Owner will be required to establish a geodetic benchmark in the vicinity of Clarington Boulevard and Bowmanville Boulevard 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 benchmark must be installed prior to any authorization to commence work on the subject subdivision. 22. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 23. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 24. 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. 25. No building permit shall be issued for the construction of any building on any residential block on said plan, until the exterior architectural design of each building and the location of the building on the lot has been approved by the Municipality of Clarington. 623 '- .f 26. No residential units shall be offered for sale to the public on said plan until such time the exterior architectural design of each building has been approved by the Director of Planning Services. 27. 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. 28. 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. 29. 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. 30. Prior to anyon-site grading or construction or final approval of the plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Municipality of Clarington and the Central Lake Ontario Conservation Authority for reports describing the following: a) the intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. [The stormwater management facilities must be designed and implemented in accordance with the recommendations of the West Side Creek Master Drainage Plan, Addendum No.3]; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; c) the means whereby 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; and 31. The Owner shall submit an updated noise and vibration study, including recommendations for this development once the Final grades and engineering for the site have been established. The recommendations for noise attenuation measures are to be implemented through the Municipality of Clarington subdivision agreement, which is registered on title, and shall include any required warning clauses as identified in the acoustic report. A copy of the executed 624 c " agreement shall be provided to the Regional Municipality of Durham and CP Rail to facilitate clearance of this condition. 32. 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. 33. 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. 34. 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. 35. 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 Municipality of Clarington and the Central Lake Ontario Conservation Authority. c) 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 the St. Lawrence and Hudson 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 St. Lawrence and Hudson Railway may occasionally interfere with some activities of the dwelling occupants." 625 , iii) "Purchasers and tenants are warned of the existing of St. Lawrence and Hudson 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 d) The Owner agrees to implement those noise control measures recommended in the Noise Report required in Condition 32. e) 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. f) 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 36. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) Central Lake Ontario Conservation Authority, how Conditions 30 and 35 b) have been satisfied; b) Durham Region Planning Department, how Conditions 31 to 34 inclusive have been satisfied; c) St. Lawrence and Hudson Railway, how Conditions 31 and 35 c) to 35 f) inclusive have been satisfied. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 626 , 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, U H 3T3 (905) 579-0411. b) Regional Works Department, 105 Consumers Drive, Whitby, Ontario, UN 6A2 (905) 668-7721. c) St. Lawrence and Hudson Railway, 40 University Avenue, Suite 807, Toronto, Ontario M5J 1T1 (Attention: Orest Rojik) 627 ATTACHMENT 6 THE CORPORATION OF THE MUNICIPAITY OF CLARINGTON BY-LAW NUMBER 2002-_ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipaiity of Clarington WHEREAS the Council of the Corporation of the Municipaiity of Clarington deems it advisabie to amend By-law 84-63, as amended, of the former Town of Newcastle to permit the development of a apartment building and residential care facility (ZBA 2001-021), NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1, Section 15.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE FOUR (R4) ZONE" is hereby amended by adding thereto the following new Special Exception 15.4.23 as follows: "15,4.23 URBAN RESIDENTIAL EXCEPTION (R4-23) ZONE Notwithstanding Section 2, 3.1(i).15.1 and 15.2 those lands zoned R4-23 on the Schedules to this By-law shall be subject to the following regulations: a) Definitions i) Retirement Home A residential building maintained and operated for retired persons in need of residential care where each private bedroom or living area has separate washroom facilities and a separate entrance from a common hall, and common facilities are provided for the preparation and consumption of food. Common lounges, recreation rooms and short term medical care facilities may also be provided, The term retirement home includes a home for the aged as defined by the Homes for the Aged and Rest Homes Act, b) Permitted Uses i) an apartment buiiding il) a retirement home c) Regulations i) Lot Frontage (minimum) i1) Yard Requirements (minimum) a) Front Yard 12m 4,5m b) I nterior Side Yard The g:"'"cer of: 4.5 m or 1.5 m for each storey or partial storey c) Rear Yard 7.5 m; 30 m from a railway property line 1 ,2 metres iii) Canopy (minimum) 62d - 2 - 3, Section 3,15(a) Parking Space Requirements is hereby amended by: i) Adding after the words "Nursing Home", the words "retirement home". 4, Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural(A)" to "Urban Residential Exception - Holding ((H)R4-23)" 5. 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 2002 BY-LAW read a second time this day of 2002 BY-LAW read a third time and finally passed this day of 2002 John Mutton, Mayor Patti L. Barrie, Municipal Cieri< 6"2.'1 I , ,. ,.- This is Schedule "A" to By-law 2002- passed this day of , 2002 A.D. , ~ H~'1O"W1 PRINCE WilLIAM BOULEVARD / N72'2.-'4O"E ,,,,, . .. ~ . R_1I7.00 .....S.U A/)/)J71ONAL LAND IN THE APPUCANT HAS AN INTEREST . ~ Zoning ~ Zoning change from "A" to "(H)R4-23" to remain "A" John Mutton, Mayor Patti L. 8orrl., Municipal aerk lOT 16 lOT 15 ] U~~ z w w ~ " z o ffi " z o " J ~ BOWMANVILLE 6.5