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HomeMy WebLinkAboutPSD-033-01 ../ ...2. ,.", -"t~ Cl!J!mglOn REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, OCTOBER 22, 2001 ])Ff Resolution #:6///- 5/7-01 Report #: PSD-033-01 File #: S-C-2001-001 By-law #: Subject: PROPOSED DRAFT PLAN OF SUBDIVISION VELTRI & SON LIMITED AND K. & J. SUMMERSFORD PART LOT 10, CONCESSION 1, FORMER TOWN OF BOWMANVILLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-033-01 be received; 2. THAT the application for proposed draft Plan of Subdivision S-C-2001-001, submitted by G,M. Sernas & Associates on behalf of Veltri & Son Limited and K. & J. Summersford be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 4; 3. THAT the Mayor and Clerk be authorized by by-law to execute on behalf of the Municipality a subdivision agreement with the applicant or any successor in title at such time as the agreement has been finalized to the satisfaction of the Director of Engineering Services and the Director of Planning Services; and 4. THAT the Region of Durham Planning Department and all other parties listed here to be forwarded a copy of this report and any delegations be advised of Council's decision. Submitted by: Da id . rome, M.C.I.P.,R.P.P. Director, Planning Services Reviewed bye ~ ,::;~ Franklin Wu Chief Administrative Officer CP*L T*DC*df 16 October 2001 69922 "", ~ REPORT NO.: PSD-033-01 PAGE 2 1.0 APPLlCTION DETAILS 1.1 Applicant: Veltri & Son Limited and K. & J. Summersford 1.2 Agent: G. M. Sernas & Associates 1.3 Proposed Draft Plan of Subdivision: To permit the development of a 50 unit plan of subdivision, consisting of six (6) single detached dwelling lots and twenty-two (22) semi detached/linked dwelling lots (44 units). 1.4 Site Area: 2.401 ha (5.93 acres) 2.0 LOCATION 2.1 The property subject to application for the proposed plan of subdivision is located in Part Lot 10, Concession 1, former Town of Bowmanville. The subject lands are generally described as being south of Concession Street, east of Liberty Street, and north of the Bowmanville High School (see Attachment 1). 3.0 BACKGROUND 3,1 The applicant has consolidated the subject lands over the last few years through various severance applications. The proposal is an infill situation, allowing for the completion of both Trudeau Drive and Marchwood Crescent. The applicant is proposing to develop 6 single detached dwellings with a minimum 15 m frontage backing onto existing residences on Liberty Street. The balance of the land is proposed to have 22 semi-detached/linked lots with a minimum 18 m frontage (44 units). A total of 50 units are proposed on the subject lands. A 3.0 m walkway block is also proposed connecting the south leg of Trudeau Drive to the Bowmanville High School. The proposed draft plan of subdivision is shown in Attachment 2. 3.2 The residents' comments and concerns will be addressed in Section g, Staff Comments. 69923 ., ~ REPORT NO.: PSD-033-01 PAGE 3 4.0 4.1 EXISTING AND SURROUNDING USES Existing Uses: The subject lands are currently vacant. 4.2 Surrounding Uses: North- existing residential on Marchwood Crescent and Trudeau Drive Bowmanville High School existing residential and convenience store fronting on Liberty Street existing residential on Trudeau Drive and Concession Street East - South- West - 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Regional Official Plan designates the subject property as "Living Area". The predominant use of land within the Living Area designation shall be for housing purposes. The application appears to conform. 5.2 The Clarington Official Plan designates the subject lands as "Urban Residential" within the Bowmanville Urban Area, and are located within the Vincent Massey Neighbourhood. The 50 unit proposal has a density gross of 20,8 units per net ha which conforms with the neighbourhood population target and density. The application conforms, 6.0 ZONING BY -LAW PROVISIONS 6,1 The subject lands are zoned "Urban Residential Type One (R1 )", as are the balance of Trudeau Drive and Marchwood Crescent. The R1 zone allows single detached dwellings based on 15 m frontage and 460 m2 lot area, and semi- detached/linked dwellings based on 18 m frontage and 550 m2 lot area, the proposed development complies with the R1 zone provisions. 7.0 PUBLIC MEETING 7.1 A public meeting for the subject application was held on September 17,2001. Five people spoke at the public meeting. The issues raised at the meeting were as follows: 69924 REPORT NO.: PSD-033-01 PAGE 4 . concerns that people will trespass from the Trudeau Drive extension through the existing properties to the west to get to Liberty Street, a 1.8 m high wood privacy fence was requested along the west limits of the development; . A playground, not a play-field should be provided for children of the existing and proposed homes. Currently the closest tot-lot is north of Concession Street; . A fence should be installed abutting all existing homes to ensure people do nof short-cut through existing properties; and . The density of the proposed development is too high. 7.2 On October 1, 2001, the Planning Services Department received a petition (see Attachment 3) with respect to the proposed development. The petition stated that at the public meeting the residents discovered that through the proposed development they would be losing the footpath currently used to take their children to Vincent Massey Public School. That, without the footpath, they would be unable to walk through the safety of the high school grounds to access fhe elementary school, but would be forced to walk along Liberty Street. They requested that a walkway be constructed between the western end of Marchwood Crescent and continue south to the north end of the high school grounds. The proposed plan of subdivision incorporates a walkway accessing the high school grounds. 8.0 AGENCY COMMENTS 8.1 The following summarizes the comments and conditions of draft approval received from various agencies. 8.2 Durham Region Planning Department staff provided a coordinated response for both Planning and Works Departments comments and conditions. They advised that municipal water and sanitary sewer are available at the termination points of Marchwood Drive and Trudeau Crescent. They have no objection to this 69925 REPORT NO.: PSD-033-01 PAGE 5 application proceeding subject to a number of standard conditions of approval. The Noise Letter/Report prepared by G. M. Sernas appears to be prepared in a manner consistent with the Ministry of the Environment criteria. The recommendations will need to be incorporated in the subdivision with the Municipality. 8.3 The Peterborough Victoria Northumberland and Clarington Catholic School Board has requested that adequate provision be made for sidewalks within this development. The Board has no other concerns with the proposal at this time. 8.4 The Kawartha Pineridge District School Board advised that the development will yield approximately 16 students to Vincent Massey Public School. The Board requested adequate provision be made for sidewalks as students from this development will walk to both Vincent Massey and Bowmanville Senior Public Schools, and Bowmanville High School. The Board requested that a 1.8 m high chain link fence be installed along the common property line between the proposed development and the Bowmanville High School. The Board has no objection to this application. 8.5 CLOC staff advised that the proposed plan of subdivision is located within the area covered by the Master Drainage Plan for the West Branch of the Soper Creek prepared in May 1991. The recommendations of the Plan can be accommodated with this development. Therefore, the Conservation Authority has no objection subject to conditions of approval. 8.6 Veridian Connections has reviewed the application and advised that electric service is available from the abutting Trudeau Drive and Marchwood Crescent road allowances. An extension of the underground services is the responsibility of the developer. Veridian has no objection to the proposed development subject to conditions of draft approval. 8.7 Enbridge Consumers Gas provided no objection to the proposal subject to three (3) conditions be incorporated in the subdivision agreement. 69926 , REPORT NO.: PSD-033-01 PAGE 6 8,8 Clarington Engineering Services Staff have reviewed the application from an engineering and parks perspective and advised they have no objection to the proposed subdivision application subject to a number of conditions of draft approval. Two of the conditions include: . the applicant being responsible, prior to issuance of building permits for any lots, for the removal of the 3 existing temporary turning circles located at the terminuses of Trudeau Drive and Marchwood Crescent, and reconstructing the road to an urban standard; and . the applicant is responsible for all costs associated with constructing a pedestrian walkway on Block 29, to municipal standards, to provide access to Bowmanville High School and installing a 1.8 m high chain link fence between the proposed development and the secondary school. 8.9 The Clarington Emergency Services Department advised they have no objection to the application and provided no conditions of approval. 9.0 STAFF COMMENTS 9.1 The proposed subdivision is an infill situation, proposing the completion of Trudeau Drive and Marchwood Crescent. The units proposed on the west side of the Trudeau Drive extension, maintains the 15 m minimum frontage singles, similar to the existing units in this area. The balance of the plan consists of 18 m frontage semi-detached/linked units, similar to existing units on Marchwood Drive and the southern portion of Trudeau Drive. 9.2 An Environmental Site Investigation Report was prepared for the subject site. An area of the site was found to contain arsenic related to a historical use of the site as an apple orchard. The report identified areas in the southeastern and southwestern portion of the site that required topsoil to be removed from the site. The applicant's consultant suggested this work was being completed during the last week of September, As a condition of approval the applicant will be required to demonstrate the site is clean, prior to development occurring. 69927 REPORT NO.: PSD-033-01 PAGE 7 9,3 A Noise Impact Study - Letter Report was submitted in support of the application. The letter report suggests that the anticipated noise levels within the proposed "Outdoor Living Areas" will meet the sound level criteria recommended by the Ministry of the Environment. The letter report also indicates Lots 6 to 12 must be equipped with a forced air heating system sized to accommodated a central air conditioning unit. An appropriate warning clause will be required to register again title. g.4 A number of area residents inquired about construction access for the development. The applicant, advised staff that a construction access for all site servicing and road construction including the first layer of asphalt, will be from Liberty Street. Once the roads are in place, construction access for the houses will be from the local road system. 9.5 A petition was received following the public meeting from area residents requesting a walkway be constructed from Marchwood Crescent south to the Bowmanville High School property (see Attachment 1). The application as submitted contains a proposed walkway, Block 29, connecting the south limits of Trudeau Drive to the high school. In addition, sidewalks will be constructed within the road allowances providing a pedestrian connection from the walkway to Trudeau Drive and Marchwood Crescent. 9.6 During the public meeting it was suggested that the density of the proposed subdivision development is too high. The proposed lotting pattern is similar to the existing development on Trudeau Drive and Marchwood Crescent. Both the existing and proposed development areas are zoned Urban Residential Type One (R1). Furthermore, the proposed 50 units are in keeping with the population target of the Vincent Massey neighbourhood and the low-density provisions. g.? Another issue raised at the public meeting was the need for a "playground" for children of the immediate neighbourhood. Engineering Services reviewed this issue and agreed that a tot-lot was appropriate for the existing and future families of the neighbourhood. Consideration will be given in the 2002 Capital Budget 69928 REPORT NO.: PSD-033-01 PAGE 8 and Four Year Forecast for the establishment of a tot-lot on the east side of Trudeau Drive, as shown on Attachmenf 1. In addition, a future neighbourhood parkette is also approved west of the Orchard Park Drive extension, a future development on the east side of the Soper Creek tributary. 9.8 Lastly, an issue was raised requesting the provision of fencing between the existing properties on Liberty Street and the proposed development, and between the houses on the south side of Trudeau Drive and the proposed development. The subject application is an infill proposal, abutting existing residential uses on three (3) of its four (4) boundaries. The Bowmanville High School to the south being the one exception. Unless dictated by a noise report, the Municipality's practice does not typically require a developer to construct fencing between existing and proposed developments of a similar nature. In this situation both the existing and the proposed development are low density residential. However, when the existing Trudeau Drive development was being considered in the mid to late 1980's Council required, as a result of public input, the construction of a 1.8m high wooden privacy fence between the existing residents of Concession Street and Liberty Street and the proposed development. In consideration of this requirement, and the fact that this development is completing the Trudeau Drive development, it is considered appropriate to require privacy fencing between the proposed development and the Liberty Street properties only. This will also address the issue raised of people "cutting through" private properties to get to Liberty Street. g.g A copy of the proposed draft conditions of approval, as contained in Attachment 4, was forwarded to the applicant in advance of scheduling this report in order to obtain the applicant's concurrence with the conditions of draft approval. The applicant signed back the conditions agreeing to all, with the exception of the two related to fencing. . The applicant does not believe he should be solely responsible for the construction of a 1.8 m high wood privacy fence between the proposed 69929 REPORT NO.: PSD-033-01 PAGE 9 development and the Liberty Street properties. He is willing to split the cost of this fence with the Liberty Street landowners. . Secondly, he does not believe it makes sense to remove the existing 1.2 m to 1.5 m high chain link fence between the proposed development and the high school to construct a new 1.8 m chain link fence. He would prefer to simply append a piece of chain link fence to the existing fence to make up the height difference. 10.0 CONCLUSION 10.1 The application has been reviewed in consideration of the comments received from area residents, the circulated agencies and the Clarington Official Plan and Zoning By-law. The applicant has made minor revisions to the application to address comments received through the circulation process and has agreed to the majority of the conditions of draft approval as contained in Attachment 4. In consideration of the comments contained in this report, staff respectfully recommend the proposed plan of subdivision, as contained in Attachment 2, be APPROVED subject to the conditions contained in Attachment 4. Attachments: Attachment 1 - Location Map Attachment 2 - Proposed Plan of Subdivision Attachment 3 - Residents Petition Attachment 4 - Condifions of Draft Approval 69930 " REPORT NO.: PSD-033-01 PAGE 10 Interested parties to be advised of Council's decision: Veltri & Son Limited 68 King Street East Bowmanville, ON L 1 C 3X2 G. M. Sernas & Associates Ltd. 110 Scotia Court, Unit 41 Whitby, ON L 1 N 8Y7 K & J Summersford 89 Liberty Street North Bowmanville, ON L 1 B 1 L9 Charlene Perrin 103 Liberty Street North Bowmanville, ON L 1 C 2L8 Lynn Tyers 20 Marchwood Crescent Bowmanville, ON L 1C 4J9 Gerald Murphy 12 Marchwood Crescent Bowmanville, ON L 1 C 4J9 Mike Mettman 146 Trudeau Drive Bowmanville, ON L 1C 4J4 Doris Mould 140 Trudeau Bowmanville, ON L 1C 4J4 Joseph Carpenter 84 Trudeau Drive Bowmanville, ON L 1 C 4K2 Bill Crossey 87 Li be rty Street North Bowmanville, ON L 1 C 2L8 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L lC 3A6 T (905)623-3379 F (905)623-0830 69931 ■ I R W rn I VD. %CE i LOT 10 1���1♦1�1 :11111111111 � CRES. REQUESTED BY RESIDENT S -C- 2001 -01 PROPOSED PROPOSED TOT LOT LOCATION BOWMAN U E SECONDARY SCHOOL LOCATION MAP BOWMANVILLE LOT 9 ORR CRT 111 � +d Id - LI JJ_ JJ_- STORM WATER MAA64CEMENT FACILITY /, w y M \vL LiluluL FUTURE PARKEITE (-1 T FT T Fr 1. 1111111 : �� 111111 i �: w Z) z Ld Q N z X R S -C- 2001 -0' z O () U) LEI U z O U 1 TTTTTTTT-� � JJ11111J i 18T -97003 -� 1- 1 -1T -T777 \vL LiluluL FUTURE PARKEITE (-1 T FT T Fr 1. 1111111 : �� 111111 i �: w Z) z Ld Q N z X R S -C- 2001 -0' z O () U) LEI U z O U 1 -;z,. - 0.. OS f-:I: Z I~~ <( ] ~.ll~~ --.J g:i~'C d~ 0... IO~P-::l l!;<tf~~~'" o~ I- "~N"'. ~Q ~"C -J:Z_~ LLli5~ ~ci.E~2 e<(~::!~g~f!:!:~ ~0::::~~!ii~8 ~ ~ 8 ifO~Ill~~a:::'S~ 12 ~ ~ ~ ~ d --~-- ~ ~ ; __;~l I- I 9 I ! II;!H ~. , , , ~~I'" . . . - ~ I-I ~ '" ~; )0 . i i I iil~hi ~ i'i i~ ~1~IIIJI8 B ii~uu I II I ~I ~~ --- I -- Ot >r.XJ19 0011 - 1'101 N'/ld It >0018 -- ..... ..... . .... I L__-i- I I ~ 1 --~-* I I ...;--$---:z I ... , I L_-N--i- ",I . 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I , I l ATTACH~NT 31~1EC~ OCT-12 J 001 MUNiCIPALITY PLANNIN OF CLARINGT( This Document shall be submitted to the Planning G DEPARTMENT Department for the municipality of Clarington and is intended to outline the concerns that the residents have over the pending construction of new homes in the area South East of Liberty and Concession streets in Bowmanville. We the residents of Marchwood Cres and Trudeau Dr. would like to express our concerns over the number of homes being constructed in a small area at the western portion of Marchwood Cres. Some of the Residents have had an opportunity to attend the public meeting held by city council and sponsored by the planning dept on Sept 17 2001. During this meeting it was discovered that we, the residents of the Streets adjoining the proposed development, would be losing the footpath that we currently use to take our children to Vincent Massy Public School. The foot path we speak of also allows the High school students attending Bowmaville High $thool access to the school grounds to the North of the Building and is used by roany others to attend the fitness facility in the school. So as you can imagine the footpath we have noted has become a vital and safe thoroughfare for students walking to School at both the Public and High school levels and patrons of the fitness center. Economically the footpath has a purpose as well; with the footpath in place the young children "ing on our streets fall under the maximum allowable distance required for them to walk to Vincent Massy Public School thus keeping Bussing Costs down for the Board of Education. The second point and most important in our eyes is Safety. When we are Cut off from the current foot path and not able to walk through the safety of the High school grounds and then onto the public school grounds they will have to walk along Liberty St, a major Road way, with a great deal of vehicle traffic. As you can tell this minor footpath contributes greatly to our piece of mind and convience. We understand that the development will be good for the municipality and the developer but the residents feel that we have become accidental losers in the developing of this area. The development wilrhave no entrance to it from Liberty St and we will have to put up with increased vehicle traffic when the developer links Marchwood with Trudeau not to mention the mess Construction is going to make on our streets. 69934 We the undersigned, wish to submit this petition to the planning department in regards to file#S-C2001-001 The residents of Marchwood Cres and TrudeauDr. Wish to formally request that a walkway be constructed between the western end of Marchwood Cres and continue South to the North end of the high school grounds ~O~ Q[) I~~=v/ ~ - ~'0/7';? /"117 P7c/-l we cD ('/?/:-:-- - ~ '~~~ y#t4 l J5:,Lf r:l~~ _ jA~' /h<~'-- / I .~ -"1,- Jy ". '- J~, /'7 ~. - ".'-i' ! A.Offb' '~'" ...."... ~',.,', r\ c -, j " ' r uv ;;; ., '') !;" 'V - . :r", "",~ '.~ ' - I ' ! - Ut ,,-A__~____ r "diC (9{(", ?-~ - S{(1t\~"'- 5c"-1C"- ~ = /1// /L. ; /1114:' tf1Cf i _( ,-', /:'/ --- / ;~/j.......,/-:...-? 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L ~~"-0':/l.i'<'Ij-;:2----'f I ') \ -Tc u. elf c,-LA. \)1- Ov " v t1' Ii"lvGj'JJ/\J ,}- j ':, i ::--;)!tJJ/Ck(1l.\- dr/" " /'I '( LI<1 L' c<p>-C<'<- c t --' \.. /./ . / c.- -7'-' - ~-t-'1-~/ ,__r--~_&1:.-<2..- (\.:.:~.t:&--r .-~ '..--' , C,\ ~,'" Me." "" <.C t 1" -'11 11...-{ _ C~\~C\-I;CJ - Q..c~ rV\ t.L-,V1...(; '\, " r -A" i._ _ "J1j{ctfi1i. U,.{l\JJ :ft' , ---' - - en)' - ';') '-.)(M1A\~t" \' - 6;) c...YLi Vr--- /q (t~( ,C w~j"1 - J j 1,1"~ ^ - I~~ 1 /~vr~;~ - C Lr,' ~'J :'/';'--- '/~ ~ v~l.-A....lL.'--';- . et-t2()),'-1 , - - , Ii -f , , ~ ( ,_ '~ f. . '.. _.(. --"- . L : -- c', _ '--,__. ,~ ~~ I" ~L ~)~ .;:7 ---, ",:? C;'J~k~ \ __~_ .~;X l~ - \~/"-C~r; t. \ l " " \ '\c. c\-'" ':,( \( \-1 A r-~) 'l A u'::u h.J1' ') ( I '( 1\-') ( ,~ / -) 1 i ll\ is i :7 ~ , S_ / -:2 I --' i'-t"'l /L/b \~ : S') \ 5'\ IG3 \G'\ \\~ i7C; I 'b I --. Its' )0 ':.;- L-' I IY~ _\ j -'7----' i ..- I) 1.-) 6 9 9 3fJ~ \ If \.A (I FY-Ili. '\- )\ .>"l.l..< iJ-: /" " , .....~ <. "'" /lJ( "- L--';C. ,; r.: '" '''--"', l I ~-'...M. Qc ,V''-, :tv Tflu00'/ltt OR. / //\ i-M~=,""q ---\......, 'T '/\'-<~l',vtL,"'- 'VI I _. (, , j\_/v, (l ((' cc,--, c\L ~~ 'lh.A...,cL c'--'-" I--fu", II ,J,N (v-' ,_f:-~)'\ \ (\A,J4,.;,.<"",- '1)4. Itl' c(, (. '( Of' j,'VJ.,[lc (~'- (c., '; iZ c, 0(' ( \ " , ';;'1( , 'I! J," ,~,.v( C>. I Iv I.. (( .,' I. '--u ,,', I :' '1\ " , !- , - ( < \.'i \A 1 l \ l.>~ '-- tl.L C( tAli C, tJ7 "" ' .( \(-( \ ,), 'illVI)C I'-~' \L i i "i d(-~( \', j ..J.l' We the undersigned, wish to submit this petition to the planning department in regards to fHe#S-C2001-001 The residents of Marchwood Cres and TrudeauDr. Wish to formally request that a walkway be constructed between the western end of Marchwood Cres and continue South to the North end of the high school grounds -(\ , , to ' , :J r ,4-1 A' c /ft/./CIJ(i 1"5 MOJ\cJA '-^XJc:d , , H S " \\ 69937 -nt~a~ 7 Ovu Cef&w &q7 rJ/&(P. .J/ r (L1hU CONvUW\ ~ 0 ~~ 0:u(V{ 01 '1G{ G t. ~ _ =..~~/~.. . ~vL- G\"""'-~ ,'j'f -"i~lS . r~oJ.J-i-u-^- 0cn - q (:;)1 . =' /.~.d 1~ ~ cro)'/'b2;J -8.2;) 9 - tE1'~ <1 D5 - (, '17 . ~ S I Lj = Y~Ut/~ CUL - ~ 6q7-357/ = ~ ~ 0?-3-&::i6~ - OCid ~ ~ qOj-~C:;;~7177 = 4'?:f ~{ . '1D~-{''i7- 91098 _ '/ ~ qu,:;-bct7-5fJ3 = -=?~Yn~ m5lU0L( 905-w 7:t-- 59/3 _ J0f(' . 10 ~ch WUrJc( li..$J- 69938 We the undersigned, wish to submit this petition to the planning department in regards to file#S-C2001-001 The residents of Marchwood Cres and TrudeauDr. Wish to formally request that a walkway be constructed between the western end of Marchwood Cres and continue South to the North end of the high school grounds -'=S~ 1CC- ~fX< V(:,lS\ 01.. ~Clle. t,Jof H\./ '5 J1SAtt..) \) \i\\,C'ctOf iLl! r J fr">OI/1 S MIll. '7Ci Lov;;>jC;; /1 /I~aa/ ~~1P - .6uc57/,f-- CA/J.cec: :: ~i/J:0 = ~~MIc~ 7:2~ - guB 1<00/< - ~ - f'!A\\1\ ^J rJr... - C flldy ;.3rooKS . - CMOL- JioCft<c /'a...J~te - J""P F('olr/'/ort; 17 't~ 'JS;' 15 /1T \.0'25 22 7_'S 7,;2 I( \,(2..y 0': ~ 0 e. 1,tA<>t('C-(" j)r;ve --rl2-V.C,Q-"<L- D~~ 7n~(jec-J J),,/Ur>. /fl\(\f'OL\ \-)rl~'t' M4CA~~/ -">' F..euDcAlo DiC. ;; vcl-<2C<..<,t/ /, ;? 2... 7--:2V ~ Et9-<-l bte _ (, <;, TR..u 0 r;;,f'Iov r:> {Z. G1 TPv r:><:oI\U YI<.. 1fq --r/1 u D gu1 02... 't r; Ix >"0 ~J' '^- ;0 ~ 0 69939 ATTACHMEINT .. CONDITIONS OF DRAFT APPROVAL DRAFT PLAN OF SUBDIVISION S-C-2001-001 1 , The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2001-001 prepared by Ivan B, Wallace, O.L.S. Ltd. identified as job number 5-3910D, dated May, 2001, which illustrates a total of 50 units, consisting of 6 single detached dwelling lots, 22 lots for 44 semi-detached/linked dwelling units and 1 block for a 3.0m wide walkway and roadways. 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 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. 5. The Owner shall dedicate Block 29 on the draft plan to the Municipality of Clarington as public walkway on the final plan, 6. Written permission must be obtained form the Kawartha Pine Ridge District School Board allowing the pedesrian walkway to connect to the property owned by the school board. 7, The Owner shall provide to the Municipality of Clarington the appropriate cash- in-lieu of park land in accordance with the provisions of the Planning Act. 8, The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. g. 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. 10, That fhe Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipalty's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 69940 PAGE 2 11. 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 Subseciton 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. 12. That prior to the issuance of building permits, the Owner shall retain an architect to prepare and submit an Architectural Control Plan to the Director of Planning Services. The architect shall further certify that the said Plan has achieved the objectives of provided: a variety of housing style; attractive streetscape treatment; harmony of colour, style and exterior materials use, etc. 13. Prior to the issuance of building permits for any lots within the proposed subdivision, the applicant must provide for the removal of the 3 existing temporary turning circules located at the limit of Trudeau Drive and Marchwood Crescent. The applicant must reconstruct the road to urban standard, including asphalt paving, driveway paving on the sidewalk side, driveway restoration, curb and gutter, boulevard sod, sidewalks, street lighting and street trees. 14. The applicant must provide a suitable construction access to the proposed subdivision. The location and detail for the required access will be subject to the approval of the Director of Engineering Services. 15. The applicant's engineer will be required to prepare a Preliminary Lot Grading and Drainage Plan that details the configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this subdivision. The required Plan must be approved by the Director of . Engineering Services prior to the final approval of this draft plan. 16. The proposed storm sewer easement located between Lots 7 and 8, must be provided to the Municipality free and clear of any encumbrances and in a form satisfactory to the Municipality's solicitor. 17. The applicant must enter into a development agreement with the Municipality that includes all requirements of the Engineering Department regarding the engineering and construction of all internal and external works and services related to this proposal. 18. All works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By-law and all applicable legislation and to the satisfaction of the Director of Engineering Services. 69941 PAGE 3 19, That the Owner shall cause all utilities, including hydro, telpheon, Cable TV, etc. to be buried underground. 20. The Owner shall submit to the Municipality of Clarington a Landscape Plan prepared by a professional landscape architect, in conformity with the Municipality's design criteria for review and approval. 21. 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. 22. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall submit to, and obtain approval from the Municipality of Clarington, and Central Lake Ontario Conservation Authority for reports describing the following: a) The stormwater management facilities must be designed and implemented in accordance with the recommendations of the Master Drainage Plan for the West Branch of Soper Creek; 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; and 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. 23. 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. 24, The Owner shall agree in the Municipality of Clarington Subdivision Agreement. to implement the recommendation of the report, entitled "Noise Impact Study - Letter Report Trudeau Farm" prepared by G.M. Sernas & Associates Ltd., dated August 1, 2001 which specifies noise attenuation measures for the development. The measures shall be included in the subdivision agreement and must also contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda) and shall include any required warning clauses 69942 , . PAGE 4 identified in the study. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 25, The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary 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. 26. 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. 27. 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. 28. The Owner shall enter into a subdivision agreement with the Municipalty. 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 carry out the works referred to in Condition 22(a) to the satisfaction of the Central Lake Ontario Conservation Authority. c) The Owner agrees to implement those noise control measures recommended in the Noise Report required in Condition 24. d) The Owner agrees to remove the existing fence material along the south property line and construction a 1.83 metre high chain link fence along the common proeprty line of the Bowmanville High School and the subdivision. 69943 r PAGE 5 e) The Owner agrees to construct a 1.83 metre high board privacy fence along the west property line ofthe subject lands. 29. 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) Regional Planning Department, how Conditions 1, 3, 4, 8, 23, 24, 25, 26, 27 and 28 (a) have been satisfied; b) Central Lake Ontario Conservation Authority, how Conditions 22 and 28 (b) have been satisfied. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham, 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, L1H 3T3 (905) 579-0411, b) Durham Region Planning Department, Lang Tower, West Bldg., 4th Floor, Whitby Mall, 1615 Dundas Street East, Whitby, Ontario, L 1 N 6A3 (905) 728-7731. 69944