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HomeMy WebLinkAboutPD-099-00 , ~ ON: PO.()99.()O THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON REPORT Meeting: General Purpose and Administration Committee File #-o;t/:f)i:'IF?J-O'f S/ Res. tCP/l-C/ 31-0 0 Date: Monday, October 2,2000 Report #: PD-099-00 File#: DEV92-048 & 18T-92022 (Revised) '1^ 1/4' By-law # oLVCD-I (p ( S ubj ect: REZONING AND DRAFT PLAN OF SUBDIVISION APPLICATIONS APPLICANT: NEALE MCLEAN PART LOT 10, CONCESSION 2, FORMER TOWN OF BOWMANVILLE TILLEY ROAD EXTENSION FILE NO.: DEV 92-048 & 18T-92022 (REVISED) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-099-00 be received; 2. THAT subject to Council declaring that portion of Elephant Hill Park identified as Area C on Attachment 4 surplus and approving its exchange for the lands owned by Mr. Neale McLean identified as Area D on Attachment 4 ofthis report, that: a) the Region of Durham be advised that the Municipality of Clarington recommends approval of the proposed Draft Plan of Subdivision 18T-92022 as amended and submitted by D.G. Biddle & Associates on behalf of Neale McLean subject to the conditions of draft plan approval as contained in Attachment 5 of this Report; b) the rezoning application DEV 92-048 to amend the Zoning By-law 84-63, as submitted by D.G. Biddle & Associates on behalf of Neale McLean, to permit the proposed draft plan of subdivision be APPROVED as shown on Attachment 6 and that the appropriate by-law be passed; c) the Mayor and Clerk be authorized, by By-law, to execute a subdivision agreement between the Owner and the Municipality of Clarington to the satisfaction of the Director of Planning and Development and the Director of Public Works; 3. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and, 4. THAT all interested parties listed in this report and any delegations be_ advised of Council's decision. 657 ~ , REPORT PD-099-00 PAGE 2 1. APPLICANT DETAILS 1.1 Applicant: Neale McLean 1.2 Agent: D.G. Biddle & Associates Limited 1.3 Rezoning: To rezone the subject lands from "Agricultural (A) Zone" to permit the development of a draft plan of subdivision. 1.4 Draft Plan of Subdivision: To develop a draft plan of subdivision containing 16 single detached lots and a park block. 1.5 Site Area: 1.34 hectares (3.3 acres) 2. LOCATION Although the property fronts on Liberty Street North, the subject lands would form an extension to Tilley Road, which is located south of the C.P. Rail line in Bowmanville (See Attachment I). The applicant's land holdings total 1.34 hectares (3.3 ac). The property is located in Part Lot 10, Concession 2, in the former Town of Bowmanville. 3. BACKGROUND 3.1 On September 21, 1999, D.G. Biddle & Associates, on behalf of Neale McLean, submitted revised rezoning and draft plan of subdivision applications to the Municipality of Clarington, the subdivision would consist of 16 single detached lots and a park block (Block 17) (see Attachment 2). Block 17 abuts land that forms part of Elephant Hill Park. 3.2 The application submitted in 1992 contained four 15 metre single family detached lots, ten 12 metre single family detached lots, and three 18 metre semi-detached/link lots for a total of 20 dwelling units. The applicant has not actively pursued the necessary approvals until last year. 3.3 A Public Meeting was held on November 15, 1999 to solicit input from abutting residents. An adjacent resident had some concerns relating to lot grading, relative grade of houses to be constructed in the subject plan, and lot sizes. These concerns will be discussed in Section 8.6 ofthis report. 658 , , REPORT PD-099-00 PAGE 3 4. SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The lands retained by the applicant, which contains a century old dwelling unit and coachhouse/garage, are located towards Liberty Street. The entire property slopes gently towards Liberty Street. The lands subject to the subdivision application are vacant. 4.2 Surrounding Uses: East: Urban residential North: C.P. Rail line and Elephant Hill Park area West: Applicant's residence South: Urban residential 5. OFFICIAL PLAN POLICIES 5.1 Within the Clarington Official Plan, the property is designated "Urban Residential". Both the proposed residential uses and the park block are permitted within this designation. The proposal also conforms to the density range for low density residential development. The proposal appears to conform to the official plan. 6. ZONING BY-LAW CONFORMITY 6.1 The lands subject to the application are currently zoned "Agricultural (A) Zone", which only permits agricultural uses. In order to permit a residential subdivision, a rezoning application was submitted for consideration. 7. AGENCY COMMENTS 7.1 The Clarington Fire Department has no objections to the proposal. 7.2 The Clarington Public Works Department has no objections provided that the following requirements are fulfilled. . The applicant is required to dedicate Block 17 as parkland to the Municipality. In return, the Municipality will transfer a portion of land from Elephant Hill Park abutting the north side of Lots 1 to 6 to the applicant. The applicant must also transfer a triangular piece of land outside the draft plan of subdivision to the Municipality for parkland purposes to facilitate the parking lot. The applicant must fence these lands at his expense. The Municipality will bear the survey and legal costs associated with this transfer. 659 , , REPORT PD-099-00 PAGE 4 . The noise berm shall be designed to minimize berm slope onto the park and parking lot lands. The design shall also incorporate aesthetic treatments to enhance the slope. . Prior to the subject development proceeding, the temporary turning circle at the western edge of Tilley Road must be removed. The road must be reconstructed to an urban standard. . The applicant must provide connecting sidewalk within the subdivision from the existing sidewalk on Tilley Road. . The lands are subject to a front ending agreement for external benefitting works in favour of Schickedanz Brothers Ltd. The applicant must contribute an appropriate share towards an existing stormwater management pond. . The applicant's engineer must prepare a lot grading and drainage plan detailing the configuration of the on-site storm system and the conveyance of overland flows. 7.3 The Durham Region Planning Department has no objections to the proposal. A report must be submitted for approval to address noise impact from Liberty Street and the C.P. Rail tracks. 7.4 The Durham Region Public Works Department has no objections as municipal sanitary sewer and water supply facilities are available to the property. 7.5 Central Lake Ontario Conservation has no objections in principle to the proposal. Prior to development proceeding on the property, the applicant must demonstrate conformity with the Master Drainage Plan for the West Branch of the Soper Creek. The applicant must also demonstrate how external drainage passing through the site can be accommodated. 7.6 C.P. Rail offer no objections to the development provided that the following issues are addressed. . Appropriate noise attenuation measures must be implemented to fulfill Ministry of Environment noise objectives for outdoor areas, provided that they are not located on railway property. All dwelling units must be constructed to meet the Ministry of Environment indoor noise levels. . Appropriate clauses warning of railway noise, railway operations, and maintenance of noise attenuation fences must be registered on title. 660 , , REPORT PD-099-00 PAGE 5 . Proposed drainage pattems shall not adversely affect railway lands. . The aplicant will enter into a development agreement with the railway addressing the C.P. Rail's concerns. 7.7 The Kawartha Pine Ridge District School Board has no objections provided that sidewalks are constructed within the subdivision. 7.8 Comments have not been forwarded from the Peterborough Victoria Northumberland and Clarington Catholic District School Board. 8. COMMENTS 8.1 Some of the existing residents on Tilley Road objected to the proposed use of the park block for parking associated with Elephant Hill Park. The existing park has two baseball diamonds but only a 12 space parking lot. The park has road frontage on Tilley Road with the parking lot having frontage on Maconnachie Place. Previously, overflow parking was simply accommodated along Tilley Road, Maconnachie Place, and Apple Blossom Boulevard. Due to residents' objections from the area, "No Parking" signs were erected to limit and disperse on-street parking opportunities. 8.2 The issue has prompted the Public Works Department to seek a solution to the parking problem. The Department approached the applicant to determine whether a portion of the site could be leased for parking purposes on a temporary basis until the plan of subdivision received approval. 8.3 The applicant had previously shown large lots in place of the proposed Block 17, for which the Ministry of Environment noise abatement measures were difficult to achieve. The alternative solution proposes the dedication of Block 17 to the Municipality for the purposes of a parking lot. In return, the Municipality would permit the applicant to erect the required noise attenuation berm around Lots 1 to 6 on the north side of the road (see Attachment 3). The height of the berm would be located along the rear property line of Lots 1 to 6 and the side property line of Lot 6. The Municipality would permit the remainder of the berm to be erected on the park area. This solution is preferred by the 661 . , REPORT PD-099-00 PAGE 6 Municipality because the parking area is not proximate to existing residents on Tilley Road and utilizes lands where noise abatement measures are difficult to achieve. 8.4 The solution would be implemented in the following manner. Block 17 includes an overdedication above the required 5% parkland dedication, which would be transferred to the Municipality. In return, it is proposed that the Municipality would transfer a portion of Elephant Hill Park along the north side of Lots 1 to 6 equivalent to the overdedication to the applicant to accommodate the required noise berm. In addition, the Public Works Department wishes to secure the early use of the lands prior to registration of the draft plan for the use of the land as a parking area. The results of these discussions will be the subject ofa staff report to Council on October 16,2000. 8.5 Attachment 4 shows the lands to be transferred between the Municipality and the applicant. In order to facilitate this transfer, it is necessary for Council to declare surplus that portion of Elephant Hill park identified as Area C. This is subject to public notice requirements not less than seven days prior to the date of the meeting at which the proposed sale of surplus land for cash or exchange and transfer is to be considered. The Planning and Development Department commissioned a property appraisal to determine the value of the lands being transferred. The appraisal revealed that the lands being transferred between the parties were of equal value. A land exchange is therefore considered fair and equitable to both parties. 8.6 An area resident adjacent to the proposal raised a number of concerns at the Public Meeting. . The resident owns a 15 m lot and insisted that only 15 m lots be permitted to the rear of their property. The surrounding area is characterized by 15 m single detached units and 9 m link units. Although the minimum lot frontage will be 12 m, many lots will be wider and deeper than most lots in the area. Staff feel that the lotting mix proposed is appropriate for the area. . The land on the south side of Tilley Road naturally slopes towards Farncomb Drive. Therefore, these lots will be graded to the south. Drainage from these lots will be channeled through rear yard catchbasins into the storm sewer system. The Public Works Department will ensure through its approvals that drainage will not affect properties to the south. 662 REPORT PD-099-00 PAGE 7 . The resident had concems that homes on the south side of Tilley Road would be much higher, due to the higher grade of the subject lands. Based on discussions with the applicant's engineer, preliminary grading information indicates that these homes may be approximately between 0.3 and 1.2 m higher, which equates to a half storey. Staff do not feel that this will cause a privacy issue. 8.7 The applicant has submitted an on-street parking plan that was approved by the Public Works Department. The plan indicates the required number of on-street parking spaces available outside the cul-de-sac area. 9. CONCLUSIONS 9.1 Subject to Council's consideration of declaring a portion of Elephant Hill park as surplus and approving its exchange for lands owned by the applicant, it is respectfully recommended that this revised draft plan of subdivision and the conditions as contained in Attachment 5 ofthis report be forwarded to the Region of Durham for APPROVAL. It is further recommended that the by-law provided in Attachment 6 to permit the proposed draft plan of subdivision be APPROVED. Respectfully submitted, Reviewed by, O~~ ome, M.C.I.P., RP.P. f Planning and Development Franklin Wu, M.C.I.P., RP.P. Chief Administrative Officer September 25, 2000 RH*DJC*cc Attachment I - Key Map Attachment 2 - Draft Plan of Subdivision Attachment 3 - Proposed Location of Noise Berm and Parking Area Attachment 4 - Lands to be Transferred Attachment 5 - Conditions of Draft Plan Approval Attachment 6 - Zoning By-law Amendment 663 REPORT PD-099-00 PAGE 8 Interested parties to be notified of Council and Committee's decision: Mr. Glenn Genge D.G. Biddle & Associates 96 King Street East Oshawa, Ontario LI H IB6 Janice and Robert Ellis 75 Farncomb Crescent Bowmanville, Ontario LIC 4L8 Mr. Neale McLean 175 Liberty Street North Bowmanville, Ontario LI C 2M2 Alan Robins 89 Farncomb Crescent Bowmanville, Ontario LlC 4L9 Francine Milne 6 Tilley Road Bowmanville, Ontario LlC 4M3 Hung Ngo 93 Farncomb Crescent Bowmanville, Ontario LlC 4L9 Timothy and Nancy Allin 14 Tilley Road Bowmanville, Ontario LIC 4M3 664 ATTACHMENT 1 - III................... ..................... .................... ..................... .................... ..................... .................... ..................... .................... ..................... .................... .................... LOT 11 SUBJECT SITE APPLICANTS RESIDENCE LOT 10 , _.-- SUNICREST BOULEVARD I -~ -~ I I ~ ~ ~.;f I I --" I ./ ~0-'v ~" COURT 1- ",1' - ~ 7 ,,-- 1<"(" r:::::: - (;" - IL <<\" ;;;; '1 - ,,~ S CAMPUNG CRT / SUNSET ROAD ~.p --- / r-~ (;\" ~ 01y f- ~ r-'" ELEPHANT Ii ~ c ~ ~~ ~, 10 >- """'" 0J \ ~\ II f-- I F /\:/ ~ ~~- W"j if , ~~ / oC? jJ'-- <it ~I/ w- I) b~ ~~- ~ ~OR~I~E c;. ~ ... f-- Y ~8J ti; - ~71 J..-H'\ ~ I = I ~f- Z - I w TUCKER ROAD - () '" - I UJ w -'" w ~ -' SAUNDERS AVENUE f-- () lL - lL / <( '-- - - lD GLANVILLE CRES. '" 0 EIIffi z );~LAND - f--~ - z <( C, '" '" if: - COURT - ---4 - "- - HERRIMAN STREET -- V'" nrrmm - I I ~ - I I T C'\I dt z pO (f) (f) W () Z o () !ii ~ I '" o ~ lD 1 STREET WEST CONCESSION w STREET EAST ~1ITlTl~n 1,11\ II I urn-I BOWMANVILLE KEY MAP DEV. 92-048 (as Revised) 18T -92022 665 ATTACHMENT 2 ii · .. ~ " .. ~ ~ illl i "i' 'ill I ,=. ! ~:lII11 I! ! ,iljilli ; ~. I L.j I I: Uti-II ~ii!l ~ ~-i IIIIt 'lilli' ~ ";I=~ ~ lni ,I . I Ii il~; I !iHI! 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NY7,r' " " ",..,.L,lI1Y.1 -'._-- ;,'--. ~~ \ \ \ / '" ... o \ \ , \'" ,~ '0 r I ,/ I ~ // ../ A) co t-- .,----_ .,J'l ---0......_ , , \ -==--------~-,,-_:~ -.-.- ---', H1110N 133111S ),11138/7 668 / / '" / <0/ ........ / I o <0 wO)o m '" N <0 "-, ~- /, // ! ~iw " . ~ ~ '" <> Q 0 i~ -'-, Z-jo~ '" " 0: :3 r~ I ~ I I I I ATTACHMENT 4 - '" o .... o ... o - e o ~ ~ " ~ ~ Q) ~t:: o ro~ ." C-'" ~(J)C: 32 c: ~ co 2i~ a. 0.0 ,0 <( m-; 01 01'" Q) Q)e ~~~ c w 0::: 0::: w u.. en z <( 0::: I- W III o I- en C Z <( ..J ~ tti c- '0 '2 :J :::;: Q) .c - .s - Q) e ;: o Q) .c - a u 01 01 ~ Q) - 4: 4: - - .g .g - ~ Q) e tti ~ C- '0 Q) '2 .c :J - :::;: .c - Q) .3' .c ~ - .c - tti '3' C- '0 - Q) '" e :J ;: :::;: 0 Q) Q) .c oS - >- >- .0 .0 ." ." Q) Q) Ol Ol e e 01 01 .c .c " " x x Q) Q) Q) Q) .0 .0 0 0 u"';;; a"';;; 01'" 01'" Q)e Q)e -01 -01 4:-1 4:-1 Dr ~ Ir~i: . .. .~... .. .... ATTACHMENT 5 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN INDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-92022 prepared by D.G. Biddle & Associates Ltd., dated July 1999, as revised, showing Lots 1 to 16 inclusive for single detached dwellings and Block 17 for park purposes. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Municipality of Clarington and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. 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. 5. That the Owner shall 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. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 6. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan to the Director of Planning and Development for review and approval. 669 REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT - Cont'd 7. 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. 8. That all easements, road widening, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. 9. That the Owner shall dedicate Block 17 for park purposes. The Owner shall also transfer a triangular piece of land outside the limits ofthe plan of subdivision for park purposes as shown on Attachment 4 to Report PD-099-00. The Municipality will bear all survey and legal costs associated with this transfer. 10. That the Municipality of Clarington shall transfer a portion of the Elephant Hill Park to the Owner in exchange for the parkland overdedication contained in Block 17 as shown on Attachment 4 to Report PD-099-00. The Owner shall bear all survey and legal costs associated with this transfer. 11. That the Owner's engineer minimize the length of the noise berm slope onto the park and parking lot lands. The berm shall also have an aesthetic treatment satisfactory to the Director of Public Works. 12. That the builder include a disclosure in all purchase and sale agreements advising home buyers of municipal parking regulations. 13. That the Owner acknowledges and agrees to provide two (2) outdoor parking spaces for each single detached dwelling unit to be constructed within draft plan of subdivision 18T- 92022. Where the two outdoor parking spaces are provided side by side, the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is thirty (30%) percent. 14. That any parking space within a garage shall have a minimum width of 3.0 metres and a minimum area of 18.58 m2. 670 , REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT - Cont'd 15. 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. The Owner shall pay Schickedanz Brothers Limited for front ending costs relating to the construction of a stormwater management pond and related external works, which benefit the Owner. 16. That the Owner acknowledges that this draft plan falls within a benefiting area of oversizing works installed by Schickedanz Brothers Ltd. The applicant will be required to contribute an appropriate share for the costs of oversized storm sewers and stormwater management facilities, based on a Front Ending Agreement registered against the Owner's property that details oversized works, benefiting areas, proportionate contribution share, and cost indexing provisions. 17. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 18. That the Owner agrees to provide for the removal of the temporary turning circle at the existing limit of Tilley Road in a manner satisfactory to the Director of Public Works. The Owner must reconstruct the road to an urban standard, including asphalt paving, curb and gutter, boulevard sod, sidewalks, street lighting, and street trees. 19. That the Owner agrees to develop the plan of subdivision as one phase. 20. That the Owner shall cause all utilities, including hydro, telephone, Cable TV, etc. to be buried underground. 21. 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. 671 REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT - Cont'd 22. That the Owner shall adhere to architectural control requirements of the Municipality. 23. That prior to the issuance of building permits, and Development, the Owner shall, through its engineer, to provide certification to the Director of Planning and Development, certifying that the Builder's plans are in accordance with the Noise Control Report as approved by the Region of Durham and the Municipality of Clarington. 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. That the Owner agrees that where the well or private water supply of any person is interfaced with, as a result of construction or the development 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. 26. That the Owner shall fulfill all requirements of the Durham Region Planning Department, Durham region Public Works Department, Central Lake Ontario Conservation, Veridian Corporation, Bell Canada, Canada Post Corporation, financial and otherwise. 27. That the Owner agrees to provide the Municipality with a copy of the draft approved and final approved plan of subdivision on disk in a CAD format in accordance with the Municipality's criteria. 672 THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON BY-LAW NUMBER 2000-_ ATTACHMENT 6 being a By-law to amend By-law 84-63, the Comprehensive By-law for the Corporation of the Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipality ofClarington deems it advisable to amend By-law 84-63, as amended, of the Corporation oithe former Town of Newcastle in accordance with applications 18T -92022 and DEV 92-048 to permit the development of a draft plan of subdivision containing 16 single detached units and a park block. "NOW THEREFORE BE IT RESOLVED mAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63. as amended, is hereby further amended by changing the zone designations from: "Agricultural (A) Zone" to "Urban Residential Type Two (R2) Zone" "Urban Residential Type One (RI) Zone" to "Urban Residential Type Two (R2) Zone" as shown on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By-law. 3. 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, R.S.O. 1990. BY-LAW read a first time this day of 2000. BY-LAW read a second time this day of 2000. BY-LAW read a third time and finally passed this day of 2000. MAYOR CLERK 673 ~ This is Schedule "A" to By-law 2000- , passed this day of ,2000 A.D. \- ,--- - s ," PLAN ~ ZONING CHANGE FROM "R1" TO "R2" ~ ZONING CHANGE FROM "A" TO "R2" Mayor CIeri< LOT 11 LOT 10 BOWMANVILLE t 674