HomeMy WebLinkAboutPD-042-00
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File #
Date:
Monday, May 1,2000
Res. #
By-law # 3,",- ')~
'"
Report #:
PD-042-00 File #: ZBA99-029; 18T-99018
Subject:
REZONING AND DRAFI' PLAN OF SUBDIVISION APPLICATIONS
APPLICANT: LlZJAN DEVELOPMENTS INC.
PART LOT 9, CONCESSION 2, FORMER TOWN OF BOWMANVlLLE
FILE NO.: ZBA 99-029; 18T -99018
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee recommend
to Council the following:
I. THAT Report PD-042-00 be received;
2. THAT subject to the approval of a Parking Plan'by the Director of Public Works:
a) the Ontario Municipal Board be requested to approve the proposed Draft Plan of
Subdivision 18T -99018 as amended and submitted by PMG Planning Consultants on
behalf of Lizjan Developments Inc. subject to the conditions of draft plan approval
contained in Attachment No.4 of this Report;
b) the Ontario Municipal Board be requested to enact the zoning by-law for the subject
lands as provided for in Attachment No.5 to this Report;
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;
d) a By-law to remove the "Holding (H)" symbol be forwarded to Council once the
applicant has entered into a subdivision agreement with the Municipality;
3. THAT in the event that:
a) the Parking Plan submitted does not meet Municipal requirements, staff be
authorized to make appropriate changes to the plan of subdivision lotting in order to
achieve compliance;
b) the Kawartha Pine Ridge District School Board agrees to modified conditions of
draft plan approval, staff be authorized to substitute the modified conditions for
conditions 35 and 36.
4. THAT the Solicitor and staff be authorized to appear before the Ontario Municipal Board in
support of Recommendation 2 and 3 FORTHWITH;
5. THAT a copy of the report and Council's decision be forwarded to the Region of Durham
Planning Department and the Ontario Municipal Board; and
6. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
"
REPORT PD-042-00
PAGE 2
APPLICATION DETAILS
1..
1.1
1.2
1.3
Lizjan Developments Inc.
PMG Planning Consultants
To rezone the subject lands from "Agricultural
development of a plan of subdivision.
1.4 Draft Plan of Subdivision:
Applicant:
Agent:
Rezoning:
(A) Zone" to permit the
As Submitted
44 - 9 m link dwelling lots
51 - 10.5 m single detached lots
41 - 12.2 m single detached lots
2.03 ha school block
0.46 ha neighbourhood park block
0.27 ha future commercial block
As Revised
46 - 9.5 m single detached lots
39 - 10.5 m single detached lots
51 - 12 m single detached lots
2.51 ha school block
0.1 ha open space block
1.5
Site Area:
10.6 hectares (26.2 acres)
2. LOCATION
2.1 The subject lands are located on the west side of Mearns Avenue north of the St. Lawrence
and Hudson Railway in Bowmanville (see Attachment No.1). The applicant's land holdings
totals 10.6 hectares (26.2 ac). The property is located in Part Lot 9, Concession 2, in the
former Town of Bowmanville.
3. BACKGROUND
3.1 On August 19, 1999, PMG Planning Consultants, on behalf of Lizjan Developments Inc.,
submitted rezoning and draft plan of subdivision applications to the Municipality of
Clarington,
3.2 A Public Meeting was held on November 1, 1999 to solicit input from the surrounding
residents. The following concerns were raised:
. The trees provide a noise buffer from railway noise to the south. A difference is noted in
the summer when the trees are foliated.
. Existing vegetation provides habitat for wildlife. Trees should be preserved.
. The function of the drainage swale should not be impacted.
The concerns are addressed in Section 8.6 ofthis report.
REPORT PD-042-00
PAGE 3
3.3 On January 6, 2000, staff met with the applicant to discuss planning and design issues
relating to the draft plan of subdivision. The applicant has referred that application to the
Ontario Municipal Board on January 19, 2000 because the Municipality of Clarington and
Regional Municipality of Durham failed to make a decision on the proposed zoning
amendment and draft plan of subdivision respectively within 90 days. Staff can only
presume that the applicant sought a ftrmer commitment to timing than staff could provide at
that time.
3.4 On January 18, 2000, a request was received from the agent seeking the following zoning
by-law amendments:
. The reference to an underground linkage for 18.0 metre link lots should be removed to
permit 9.0 metre single detached lots.
. The applicant requests that 10.0 metre single detached lots be permitted.
. The applicant requests that exterior side yards be reduced from 6.0 metres to 3.0 metres
in the draft plan.
As the request was formally submitted prior to the referral to the OMB, this request is also
before the OMB.
3.5 Slaff met with the applicant and agents several times in the last three weeks to resolve as
many issues as possible prior to OMB hearing date. The result is a revised draft plan of
subdivision that addresses the majority of subdivision design and engineering issues. The
revised draft plan now proposes 33 - 9.5 metre single de1ached lots, 40 - 10.5 metre single
detached lots, 64 - 12.0 metre single detached lots, a 2.51 hectare (6.2 acre) public
elementary school site and a 0.1 hectare open space block.
3.6 A hearing has been scheduled for Monday, May 8, 2000 for a five day period. The purpose
of this report is to get Council's direction for the hearing. If Council concurs with the
contents of this report, then a settlement can be presented with the consent of both parties for
the Board's approval.
3.7 The final lotting pattern for the plan of subdivision was settled at a meeting between staff
and the developer on Wednesday, April 26th. It has not been possible to prepare a Parking
Plan for this report and thus staff is seeking authorization on the basis that it will comply
REPORT PD-042-00
PAGE 4
with municipal standards. No problems are anticipated given the changes to lotting mix.
However, if it does not comply, then staff would require further changes to the plan of
subdivision.
3.8 The developer does not concur with the proposed conditions 28, 35 and 36 for the Kawartha
Pine Ridge School Board Site. A meeting between these parties is scheduled for the week of
May 1,2000. In the event that the School Board agrees to alternate conditions, staff have no
objection to their substitution for conditions 35 and 36. However, staff require condition 28
to remain to ensure the orderly development of the lands as planned.
4. SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The site is currently being used for agricultural purposes. The western and the northern
property boundaries contain hedgerows. The land slopes steadily towards Mearns Avenue.
An intermittent tributary of the Soper Creek is located on the north-east portion of the
property .
4.2 Surrounding Uses:
East: Vacant lands containing draft approved subdivision plan 18T-95005 (Schickedanz)
and draft plan of condominium 18CDM-93005 (Melody Homes)
North: Urban residential uses and vacant lands
West: Vacant lands containing draft approved subdivision plan 18T-90036 (Chizen)
South: Vacant lands containing draft approved subdivision plan 18T-89064 (819363 Ontario
Ltd.) and St. Lawrence and Hudson Railway.
5 OFFICIAL PLAN POLICIES
5.1 The lands are designated "Living Area" within the Durham Region Official Plan.
Residential uses are permitted within this designation. The application conforms to the
policies.
5.2 Within the Clarington Official Plan, the majority of the property is designated "Urban
Residential". A "Neighbourhood Park" designation and a "Public Elementary School"
symbol are also located in the vicinity of the subject lands.
REPORT PD-042-00
PAGES
The Official Plan permits net residential densities between 10 to 30 units per net residential
hectare in low density areas, The proposed 137 dwelling units in the revised plan would
yield a density of 26.2 units per net hectare, which fits within the density range. The overall
density has decreased slightly from 26.6 units per net hectare contained in the original
proposal.
The original draft plan proposed a 0.46 hectare park block that would be added to the
existing Longworth Park. That plan also proposed a 2.03 hectare public elementary school
beside the park. The policies encourage school sites to be located adjacent to
neighbourhood parks to permit joint use between these facilities. The policies require that
elementary school sites must have a minimum size of 2.5 hectares.
5.3 The Natural Features and Land Characteristics Map CI indicates that the property is within
50 metres of a tableland woodlot. As a result, an Environmental Impact Study was initiated
to determine the impacts of development and to identify mitigating measures to minimize
impacts.
6. ZONING BY-LAW CONFORMITY
6.1 The subject lands are currently zoned "Agricultural (A) Zone", which only permits
agricultural uses on the property. In order to permit residential uses on the property, a
rezoning application was submitted for consideration.
7. AGENCY COMMENTS
7.1 The Clarington Fire Department and Veridian Corporation have no objections to the
proposal.
7.2 The Clarington Public Works Department has provided comments on the proposal. The
following list identifies major issues.
. A traffic report is required to determine the issues of external road access, number of
accesses required to accommodate traffic volumes and the traffic impact on Mearns
Avenue and the Mearns Avenue and Concession Street intersection. This report is
required prior to issuance of draft approval.
. The applicant must consJruct the external portion of Rickaby Street between the subject
lands and Hooper Square,
REPORT PD-042-o0
PAGE 6
. An on-street parking plan is required prior to issuance of draft approval.
. A 3.00 metre road widening is required 10 be dedicated on Mearns Avenue.
. The applicant must acquire the north half of Longworth Avenue and fully service the
abutting lands with water, sanitary sewer, storm sewer and all necessary utilities. The
timing of construction for these required services must be agreed to prior to issuance of
draft approval.
. Full development of the draft plan will reqnired all external accesses to be constructed.
The number available at any given time will determine the development phasing
strategy.
. The applicant will be required to contribute towards external works oversizing of storm
sewers and stormwater management facilities constructed by Eiram Development
Corporation.
. The applicant must provide a Preliminary Master Grading Plan to demonstrate that 9.0
metre wide lots situated on a road with a 5% grade can be graded in accordance with
municipal standards.
. The Conceptual Servicing Plan must indicate road grades for Longworth Avenue and
Slreets "B" to the west. Confirmation that all proposed roads will align properly
between adjacent draft plans must also be provided.
. An appropriate parkland dedication is required.
7.3 The Durham Region Planning Department has no objection to the proposal provided that
potential noise sources from major roads (Longworth Avenue and Mearns Avenue) and the
railway line are mitigated through a noise report.
Municipal services are available to the site and will be subject to Regional requirements
through conditions of draft plan approval for the subdivision plan.
7.4 Comments initially provided by Central Lake Ontario Conservation indicated thai five lots
at the north end of Rickaby Street were located within a valley and vegetated area defmed
by a development plan to the east. Revisions to the plan were required to be consistent with
the "Environmental Protection (EP)" zoning established to the east.
Discussions between the applicant and CLOC resulted in the deletion of former Lots 22 and
23 and a portion of former Lot 21. Therefore, CLOC has no objections in principle to the
development provided that their conditions of draft plan approval are fulfilled.
7.5 The Kawartha Pine Ridge District School Board has no objections provided that the
following conditions are fulfilled:
REPORT PD-042-00
PAGE 7
. A 2.5 hectare (6.0 acre) school site is required within this proposal.
. Sidewalks are required on all streets.
. An option agreement for the site must be signed with the Owner prior to Final Approval.
. The School Board requires permission to conduct bore hole tests to assess site suitability
prior to Final Approval.
7.6 The Peterborough Victoria Northumberland and Clarington Catholic District School Board
has no objections provided that adequate provision be made for sidewalks within the
subdivision.
7.7 Canada Post Corporation has no objections provided that community mailboxes are
provided to the corporation's standards.
7.8 The C. P. Railway (now St. Lawrence and Hudson Railway) indicates that the following
provisions be applied to this development:
. Dwellings must be constructed to meet interior noise requirements as provided by the
Ministry of Environment.
. The developer must warn all potential purchasers within 300 metres of the railway's
existence and future expansion potential, and that the railway is not responsible for
claims due to its operation.
7.9 Comments have never been received from the Durham Regional Police Force or Bell
Canada.
8. COMMENTS
8.1 The draft plan of subdivision originally submitted only provided the Public School Board
with a 2.0 hectare sized school site. Both the official plan and the School Board require an
elementary school site with a minimum size of 2.5 hectares.
The original plan also included a 0.46 hectare park block, which would represent the last
required piece of Longworth Park. This park block would be melded with future park lands
obtained through the draft approved Chizen subdivision to the west. Based on a request
from the applicant, staff examined the impact of deleting park block from the Longworth
Park concept plan. A review determined that this park block could be used for school site
purposes for the following reasons:
REPORT PD-042-00
PAGE 8
. A revised concept plan for Longworth Park showed that the block was not a crucial
componenl of the overall park development.
. The western edge of the park block contains a natural hedgerow, which must be removed
if this park block were to be incorporated into the overall park. Maintaining the
hedgerow would preserve this natural feature.
. The park block has a noticeable slope to the east and would therefore not form an
effective component of the overall park without significant regrading.
The addition of the 0.46 hectare park block to the 2.03 hectare school site would provide the
School Board with an appropriately sized future school site. Staff will encourage the Board
to construct their school parking lot near the park so it can be shared with park patrons as
well. Although the Board has no objections to this proposal, correspondence confirming
their acceptance of this proposal has not been received.
If the Board accepts this proposal, the developer will retain lots on the west side of Rickaby
Street. Therefore, the developer must provide a 5% cash-in-lieu of parkland dedication.
8.2 The lotting mix has been a concern to staff. The applicant proposed a housing mix
comprising mostly link dwelling units and small lot singles. The Official Plan requires that
a range of housing be provided. This site has no medium density designation. In
discussions with the applicant, the number of 12.0 m singles has been increased substantially
and the number of 10.5 m singles have been reduced. The 9.0 m links have been enlarged to
9.5 m singles which provides for larger dwelling units. The changes are summarized below:
Original Plan
Recommended Plan
9.0 m (29.5 ft.) Links
9.5 m (31 ft.) Singles
10.5 m (34.5 ft.) Singles
12.0 m (39 ft.) Singles
No. Percentage
44 32%
o 0%
51 38%
41 30%
136 100%
No. Percentage
o 0%
33 24 %
40 29%
64 47 %
137 100%
The increase in the number of units is the result of the deletion of the future commercial
block; net densities have been slightly reduced. It is noted that the plan of subdivision does
not incorporate any 13.5 m or 15.0 m lots; however, a total of 6 - 13.2 m lots are located
along Longworth Avenue.
REPORT PD-042-00
PAGE 9
8.3 Subdivision design has evolved through comments provided by agencies.
. The applicant had initially shown Street "F" as a single loaded road adjacent to Mearns
Avenue. This Iype of design is encouraged because the dwelling shields the outdoor
area rear yard from noise sources. The lotting pattern has now been changed to match
the reverse lotting pattern established by the draft plan to the south. Staff will require
special landscaping features planted in front of the noise fence; alternatively, the
developer could erect architectural noise fencing at back of these lots along Mearns
Avenue.
. Staff along with the applicant have worked to minimize the number of lots fronting on
Longworth Avenue, minimizing number of entrances onto a collector road.
. As previously mentioned, several lots have been designated as an open space block and
the future commercial block has been deleted.
8.4 As previously mentioned, the applicant submitted a revised rezoning request for the
following items:
. The reference to an underground linkage for 18.0 metre link lots should be removed to
permit a true 9.0 metre single detached lot. This amendment is being sought primarily
for marketing purposes. The applicant subsequently revised the proposal to 9.5 metre
single detached lots.
. The applicant requested 10.0 metre single detached lots be permitted but subsequently
revised to 10.5 metre single detached lots.
. The applicant requests that exterior side yards be reduced from 6.0 metres to 3.0 metres
in the draft plan.
9.5 Metre Single Detached Lots
Staff do not support the 9.5 metre single as a standard lot size. However, given that the
current zoning by-law provides for 9.0 metre link dwellings, this is an improvement which
assists with the creation of a more attractive streetscape, particularly with the two outdoor
parking spaces required.
10.5 Metre Single Detached Lots
Staff support this lot size as an exception smce the additional lot frontage provides
additional design flexibility in comparison to a link lot. A wider lot permits a better
transition for lot grading. A 10.5 metre lot frontage will lessen the impact of two car
driveways and provides a greater opportunity for on-street parking
Exterior Side Yard Reduction
Staff support the reduction of the exterior side yard from 6.0 metres to 3.0 metres for the
following reasons:
REPORT PD-042-00
PAGE 10
. The reduced setback provides greater design and house siting flexibility.
. Siting houses closer towards the road provides a sense of community and a presence at
the street line.
. An exception zone permitting this type of reduction has been approved elsewhere in the
Municipality.
Although the Public Works Department has approved this reduction in the past, there are
instances where larger exterior side yards are required to assist in grading, especially where
grades are steep. While a reduction can be supported in the flatter portions of the
subdivision, this reduction should not be permitted in areas where the Public Works
Department require a larger exterior side yard for grading purposes. A condition of draft
approval will permit a 3.0 metre exterior side yard, except where the Director of Public
Works deems it inappropriate.
8.5 An Environmental Impact Study was required because the proposal is adjacent to a tributary
of the Soper Creek. The study examined the impacts of the proposed subdivision on the
Soper Creek tributary, potential downstream fisheries impacts in the Soper Creek,
preservation of trees and wildlife habitat and movement within the forested portions of the
site. The following recommendations will apply to the subdivision development and be
incorporaled into the conditions of draft approval.
. Trees within the hedgerow along the northern border of the site should be preserved,
where feasible, to provide a buffer between the proposed school site and Ihe existing
homes to the north.
. Since the valley vegetation offers potential wildlife habitat, it is recommended that
grading works associated with Lot 27 and the Rickaby Street road crossing seek to
minimize disturbance to the valley vegetation at this location. Therefore, grading plans
should be finalized in consultation with a qualified ecologist in order to protect valuable
trees with roots extending onto the development lands,
. Best Management Practices (BMP's) for storm water which promote infiltration should
be used to preserve the existing hydrologic cycle. This would include directing and
discharging roof water onto previous lawn areas.
. An Erosion and Sedimentation Control Plan should be prepared as part of the future
detailed engineering plans with particular emphasis on the protection of the Soper Creek
tributary and valley feature. These sediment and erosion control measurer should be
inspected frequently during construction.
. Construction of Rickaby Street will necessitate some disturbance within the open space
Block D at the northeast comer of the site. The fmal report will contain measures
dealing with edge restoration, vegetation improvement and tree preservation along
Rickaby Street and Block D.
REPORT PD-042-00
PAGE 11
8.6 A number of adjacent residents raised concerns regarding tree preservation on the subject
lands. They requested that all trees be preserved to foster wildlife habitat and buffer the
residents from rail noise on the St. Lawrence and Hudson Railway, especially a particularly
old maple behind 5 Hooper Square. A closer examination revealed that this tree in question
is located on adjacent lands to the east, where they would be protected through existing
"Environmental Protection (EP)" zoning. A tree preservation plan will also assist in the
preservation of trees. The agent indicated that hedgerows on the school block would be
preserved,
Discussions between the applicant and CLOC resulted in the preservation of a treed area on
the east side of Rickaby Street on lands now identified as open space Block D.
8.7 The original proposed draft plan shows a 0.28 hectare Future Use block, which is currently
designated for residential uses. Although the applicant intends to develop for commercial
uses in the future, the required official plan amendment, rezoning and site plan applications
have not been submitted for consideration. Staff do not support this proposed use and
required the applicant to lot the block appropriately for residential uses to tie in with
adjacent lots on Street "F" and Longworth Avenue.
8.8 The Public Works Department has indicated that the preliminary grading plan shows grades
of 5% on the western portions of Longworth Avenue and Street "B". Based on
topographical constraints and overland flow requirements, the Public Works Department
will accept a 4.5% road grade in the western half and a 1 % road grade on the eastern half of
the development. A steeper road grade can be accommodated because the lots along
Longworth Avenue and Street "B" have been widened. Lots on either side of Street "D",
which previously flanked onto that street, now front onto Street "D". This assists with lot
grading and limits the number of accesses onto Longworth Avenue, which functions as a
collector road.
REPORT PD-042-o0
PAGE 12
8.9 A parking plan must be prepared by the applicant to demonstrate that sufficient on-street
parking exists. This plan is under preparation at the time of the writing of this report as
noted in Section 3.7. Accordingly staffs support of the proposal is conditional upon
meeting municipal requirements and further changes to the plan may be required.
Accordingly, staff are seeking authorization to make the changes as required prior to the
Board hearing.
8.10 Totten Sims Hubicki Associates prepared the traffic report required by Public Works
detailing impacts of the development on Mearns Avenue and the Mearns
Avenue/Concession Street intersection. A study determined that traffic generated from this
development would not compromise the function of Mearns Avenue and necessitate further
improvements to the Mearns Avenue/Concession Street intersection. The external access
points, which include Longworth Avenue and Rickaby Street, will permit the development
to proceed in its entirety, subject to phasing requirements discussed elsewhere.
8.11 Lizjan Developments must negotiate with Eiram Development Corporation to acquire or
have conveyed the other half of the Longworth Avenue road allowance to create a full
entrance to the subdivision. The northern extent of the road must be fully serviced with
municipal water, sanitary sewer, storm sewer and necessary utilities. Previous discussions
with the applicant indicated that this would not be a problem. Development cannot
commence until the applicant provides at least two means of access to the subdivision.
8.12 Lots at the ends of Streets "C", "E" and "F" will be frozen to accommodate temporary
turning circles until adjacent subdivision plans to the south and west are constructed. Once
constructed, the temporary facilities will be removed and building permits issued. Similarly,
lots requiring road frontage that will be constructed through other draft plans of subdivision
will also be frozen. Once these roads are constructed, building permits will be issued.
8.13 The applicant has requested that a subdivision layout be approved on the school site, which
would be developed if the Public School Board decided not to exercise its option on the
property. Staff do not support this request for the following reasons:
. Deletion of a school symbol requires an amendment to the Official Plan.
REPORT PD-042-00
PAGE 13
· The housing targets contained in the Official Plan have not taken this practice into
consideration.
. The public residing in the area does so with the expectation that the school will be
constructed.
. Preliminary lot grading and drainage information is based on the use of the property
as a school, not residential purposes. The stormwater management system was not
designed to accommodate these additional flows.
9. CONCLUSIONS
9.1 Based on the comments provided in this report, it is respectfully recommended that the
Solicitor and slaff be authorized to appear at the upcoming Ontario Municipal Board
hearing in support of the application for draft plan of subdivision, as revised, subject to
the conditions of draft approval contained in Attachment No.4. It is further
recommended that Ihe Board be requested to approve the zoning of the subject lands in
accordance with Atlachment No.5.
Respectfully submitted,
Reviewed by,
')
/
Da J ome, M.C.I.P., R.P.P.
Directo of Planning & Development
RH*LDT*DJC*cc
April 27, 2000
r . u, M.C.I.P., R.P.P.,
-# Chief Administrative Officer
Attachmenl No. I
Atlachment No.2
Attachment No.3
Attachment No.4
Atlachment No.5
Key Map
Draft Plan of Subdivision, as submitted
Draft Plan of Subdivision, as revised
Conditions of Draft Plan Approval
Zoning By-law
Interested parties to be notified of Council and Commitlee's decision:
Mr. Philip Litowitz
Lizjan Developments Inc.
3845 Bathurst Street
Suite 103
Downsview, Ontario M5H 3N2
Mr. John Rackstraw
7 Hooper Square
Bowmanville, Ontario LlC 4X7
Mr. Julius DeRuyter
PMG Planning Consultants
227 Bridgeland Avenue
Toronto, Ontario M6A 1 Y7
ATTACHMENT '1
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DRAFT PLAN
of Subdivision
OF PART OF lOT tI,
CONCESSION 2,
MUNICIPALITY OF CLARINGTON
REGIONAL MUNICIPALITY OF DURHAM
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8T-89064
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1;1000
2170
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KEY MAP
SCHEDULE OF lAND USE
SCAlE. ... NTS
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U"lll
. Single Oet<Jcl1ed 09.5m
III Single Oet<Jcl1ed 01O.5m
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TOTAL
JJlets
40 lets
64lo\a
lJ71eb
24.1:;
29,2:;
46.7%
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Public Eltlment<Jry Scheel
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D.3m Re~",""e Strip
Future Rood
Re<Jds
TOTAL
1-1J7
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C
D
E
C
G
5.300 ho
0.121ho
2.506 11<J
0.100 110
0.051110
0.004110
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OWNER'S CERT1RCATE SUR~S CERllF1CATE
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DRAFT PLAN fJiJ
of Subdivision
Of' PART CF LOT 9,
CONCESSION 2.
MUNIClPAUlY OF CLARINGTON ~
REGIONAl MUNIClPAJJlY OF DURHAM
Re0$*l/; 27 AprU 2000
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ATTACHMENT '4
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-99018 prepared by PMG
Planning Consultants, dated August 16, 1999, and revised on April 27, 2000 showing
Lots 57 to 59, 63 to 68, 72, 93 to 98, 101, 102, 106 to 109, 114 to 117 and 129 to 137
inclusive, for single detached dwellings with 9.5 metre lot frontages, Lots 27, 29 to 31, 51
to 56, 60 to 62, 69 to 71, 73, 74, 79 to 81, 84 to 92, 99, 100, 110 to 113 and 121 to 124
inclusive for single detached dwellings with 10.5 metre lot frontages, Lots I to 26, 28, 32
to 50, 75 to 78, 82, 83, 103 to 105, 118 to 120 and 125 to 128 inclusive for single
detached dwellings with 12.0 metre lot frontages, Block C for a public elementary school,
Block D for open space, and various blocks for future residential purposes, reserve, road
widening, site triangle etc.
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.
....2
-2-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D)
5. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report
to the Director of Planning and Development to demonstrate that the proposed development
will not adversely impact the existing wells in the surrounding areas.
6. 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.
7. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation
plan to the Director of Planning and Development and the Director of Public Works for review
and approval.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
8. 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.
9. That all easements, road widenings, reserves and open space Block D as required by the
Municipality shall be granted to the Municipality free and clear of all encumbrances.
10. That the Owner shall pay to the Municipality at the time of execution of the subdivision
agreement, five percent (5%) cash-in-lieu of parkland dedication for residential development.
11. That the builder include a disclosure in all purchase and sale agreements advising home buyers
of municipal parking regulations.
...3
-3-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
12. 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-99018.
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.
13. That any garage shall have a minimum width 00.0 metres and a minimum area of 18.58 m2.
14. 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.
15. That the Owner shall erect a 1.2 metre high chain link fence along the northern and southern
boundaries of open space Block D to the satisfaction of the Director of Public Works.
16. That the Owner construct, or cause the construction of, the unbuilt portion of Rickaby Street
within Plan of Subdivision 40M-I776 to link with Street "D" on this draft plan of subdivision.
The Owner will be responsible for 100% of the cost of constructing this access, including
sidewalks and all other related services. On acceptance of this portion of Rickaby Street, and
sidewalk and related services by the Municipality, the Municipality will reimburse the Owner
for the costs of construction as approved by the Director of Public Works if securities now
deposited with the Municipality by the Owner of the lands within Plan 40M-I776 can be used
for this purpose.
17. Thai the Owner ensure that sufficient lands are conveyed to the Municipality for a nominal
consideration from the landowner identified by Assessment Roll number 18-17-020-060-110 to
facilitate the construction of Street "A" in its required width to Mearns Avenue. All municipal
services shall be installed along the north side of Street 'A' to service the lands identified by
Assessment Roll number 18-17-020-060-110 to the satisfaction of the Director of Public
Works. ....4
-4-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
18. That all construction accesses will be subject to the approval of the Director of Public Works.
19. That the Owner acknowledges that this draft plan falls within the benefiting area of oversizing
works installed by Eiram Development Corporation. The applicant will be required to
contribute an appropriate share for the cost 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.
20. That the Owner agrees to implement all recommendations of the Environmental Impact Study
as prepared for the development. The following recommendations shall be incorporated into
the Subdivision Agreement to the satisfaction of the Director of Planning and Development and
the Director of Public Works:
a) The Owner shall preserve all trees within the hedgerow along the northern border of the
site, where feasible, to provide a buffer between the proposed school site and the
existing homes to the north. This shall be prepared in conjunction with the tree
preservation plan identified in draft condition number 7.
b) The Owner shall retain a qualified ecologist to consult on grading works associated with
Lot 27 and the Street DlRickaby Street road crossing to minimize disturbance to the
valley vegetation at this location and to minimize tree root destruction on Lot 27.
c) The Owner shall incorporate Best Management Practices (BMP's) by directing and
discharging roof water onto pervious lawn areas 10 promote infiltration to besl preserve
the existing hydrologic cycle.
d) The Owner shall prepare an Erosion and Sedimentation Control Plan for the protection
of the Soper Creek tributary and valley feature to the satisfaction of the Director of
Public Works. These sediment and erosion control measures shall be subject to
frequent inspection.
e) The Owner agrees to implement the final recommendations with respect to tree
preservation, edge restoration, and vegetation improvements within Block D.
21. That where the Director of Public Works is of the opinion that there is a lot grading and
drainage problem on a comer lot, the Owner agrees that retaining walls shall not be utilized and
the following measures will be implemented:
a) architectural treatments to a building on a comer lot to the satisfaction of the Director of
Planning and Development and the Director of Public Works; and/or, ....5
-5-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
b) increase the exterior side yard setback to a building on a comer lot from 3.0 metres to
an appropriate exterior side yard setback of up to 6.0 metre maximum, as determined by
the Director of Public Works.
22. That the Owner agrees to pair dwellings with a 0.6 metre setback and pair dwellings with a 1.2
metre setback for lots within "RZ-26" and "RZ-27" zones to accommodate lot grading and
drainage requirements to the satisfaction of the Director of Public Works. Where an odd
number of lots zoned "RZ-26" and "RZ-27" are permitted in succession along a street, the
Owner shall agree to implement the following measures:
a) special lot grading, drainage and/or architectural treatments on the side of the lot
containing the 0.6 metre setback to the satisfaction of the Director of Planning and
Development and the Director of Public Works; and/or,
b) increase the interior sideyard setback to a building from 0.6 metres to an appropriate
interior side yard setback of up to 1.2 metre maximum, as determined by the Director of
Public Works.
23. That the Owner agrees that the Holding (H) symbol in the zoning for Lots 129 to 137 and
Blocks A and G will not be removed until such time as the adjacent plan of subdivision l8T-
89064 to the south has been registered. Lots 129 to 137 and Blocks A and G will front on an
external road and drainage from these lots will be tributary to the storm sewers located in the
adjacent subdivision. As a condition of removal of Holding (H) symbol from Lots 129 to 137
and Blocks A and G, the Owner must demonstrate that all roads and services are in place and
that all costs related to these works have been paid to the satisfaction of the Director of Public
Works.
24. That the Owner agrees that the termini of Streets "A", "B", "C", "D", "E" and "P" must be
stubbed for municipal water, sanitary sewer and storm sewer to provide for the servicing
requirements of adjacent developments.
......6
-6-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
25. That the Owner agrees to provide easements for temporary turning circles as required at the
termini of Streets "C", "E" and "F". Lots 61 to 64, inclusive, Lots 110 to 113 and Lots 98 to
101, inclusive, shall not be developed until such time that Streets "C", "E" and "F" are extended
and constructed to a finished urban roadway including full municipal services, asphalt paving,
curb and gutter, sodded boulevard and street lighting for the entire frontage abutting the frozen
lots. The easement areas will be transferred to the owners of abutting lots when Streets "C",
"E" and "F" are extended and constructed to connect with lands in the adjacent plans of
subdivision.
26. That the Owner agrees that, prior to the issuance of building permits on the lots mentioned in
condition number 25, the applicant must provide for the removal of the temporary turning
circles on Streets "C", "E" and "F". The applicant must reconstruct the road to an urban
standard, including asphalt paving, curb and gutter, boulevard sodding, sidewalks, street
lighting and street trees.
27. That the Owner will ensure that Streets "A", "B", "C", "D", "E" and "F" align with the
appropriate streets on draft approved plans of subdivision l8T-89064, l8T-90036, l8T -95005
and Registered Plan 40M-1776.
28. That the Owner shall arrange with the Kawartha Pine Ridge District School Board and the
Owner of the lands within 40M-I776 for the conveyance to the School Board of Block 141
before final approval of this plan of subdivision.
29. That the Owner agrees to establish a geodetic benchmark in the vicinity of the intersection of
Mearns Avenue and Longworth Avenue, which will serve as a vertical control for the Fenwick
Neighbourhood. The Owner will be responsible for 100% of the cost of establishing this
benchmark.
....7
-7-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
30. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc.
as per the Municipality's standards and criteria.
31. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried
underground.
32. 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.
33. That the Owner shall adhere to architectural control requirements of the Municipality.
34. That prior to the issuance of building permits, the Owner shall, through its engineer, to provide
a certification to the Director of Planning, 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.
35. That the Owner shall enter into an option to purchase with the Kawartha Pine Ridge District
School Board for Block C prior to Pinal Approval. The terms of the option to purchase shall be
satisfactory to the School Board.
36. That the Owner shall agree to permit the Kawartha Pine Ridge District School Board to
conduct bore hole tests on Block C to assess soil suitability for school development purposes
prior to Pinal Approval.
37. That the Owner agrees to construct Longworth Avenue to an appropriate width to incorporate a
bicycle lane, if required by and, to the satisfaction of the Director of Public Works.
......8
-8-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
38. 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.
39. That the Owner agrees that where the well or private water supply of any person is interfered
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.
40. 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.
THE CORPORATION OF TIffi MUNICIPALITY OF CLARlNGTON
BY-LAW NUMBER 2000-
being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle,
WHEREAS the Council of the Corporation ofthe Municipality ofC1arington deems it advisable to
amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle in
accordance with application ZBA 99-029 and 18T-99018 to permit the development ofa residential
plan of subdivision.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
ofClarington enacts as follows:
1. Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (RZ)
ZONE" is hereby further amended by adding thereto, the following new Subsection
13.4.26, as follows:
"13.4.26 URBAN RESIDENTIAL EXCEPTION (RZ-26) ZONE
Notwithstanding Section 13.2, those lands zoned (R2-26) on the schedules to this By-law
shall also be subject to the following zone regulations:
aJ
Lot Area (minimum)
280 square metres
b)
Lot Frontage (minimum)
i) interior lot
i) exterior lot
9.5 metres
11.5 metres
c)
Yard Requirements (minimum)
i) front yard
ii) interior side yard
6.0 metres to private garage or carport
4.5 metres to dwelling
1.2 metres on one side and 0.6 metres on the
other side with attached private garage or
carport
3.0 metres on one side and 1.2 metres on the
other side without an attached private garage
or carport
3.0 metres"
iii) exterior side yard
Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (RZ)
ZONE" is hereby further amended by adding thereto, the following new Subsection
13.4.27, as follows:
"13.4.27 URBAN RESIDENTIAL EXCEPTION (RZ-27) ZONE
Notv,:ithstanding Section 13.2, those lands zoned (R2-27) on the schedules to this By-law
shall also be subject to the following zone regulations:
a)
Lot Area (minimum)
310 square metres
b)
Lot Frontage (minimum)
i) interior lot
ii) exterior lot
10.5 metres
12.5 metres
- 2-
c)
Yard Requirements (minimum)
i) front yard
6.0 metres to private garage or carport
4.5 metres to dwelling
1.2 metres on one side and 0.6 metres on the
other side with attached private garage or
carport
3.0 metres on one side and 1.2 metres on the
other side without an attached private garage
or carport
3.0 metres"
ii) interior side yard
iii) exterior side yard
Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (RZ)
ZONE" is hereby further amended by adding thereto, the following new Subsection
13.4.28, as follows:
"13.4.28 URBAN RESIDENTIAL EXCEPTION (R2-28) ZONE
Notwithstanding Section 13.2, those lands zoned (RZ-28) on the schedules to this By-law
shall also be subject to the following zone regulations:
a)
Lot Frontage (minimum)
i) exterior lot
14.0 metres
b)
Yard Requirements (minimum)
i) front yard
6.0 metres to private garage or carport
4.5 metres to dwelling
3.0 metres'j
ii) exterior side yard
2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone
designation from:
"Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)RI-42) Zone"
"Agricultural (A) Zone" to "Holding - Urban Residential Type Two ((H)RZ) Zone"
"Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)RZ-26) Zone"
"Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)RZ-27) Zone"
"Agricultural (A) Zone" to "Holding - Urhan Residential Exception ((H)RZ-28) Zone"
"Agricultural (A) Zone" to "Environmental Protection (EP) Zone"
3. Schedule "An 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 Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this
day of
2000.
BY-LAW read a second time this day of
BY-LAW read a third time and finally passed this
2000.
day of
2000.
MAYOR
CLERK
This is Schedule "A" to By-law 2000- ,
passed this day of . 2000 A.D.
El L 0 c K 1 -' j
RF;G,sn:REC> PLAN -CM~8"O
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PLAN 10"'_162:> "
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l222J ZONING CHANGE FROM"A" TO"(H)R1-42"
mlA ZONING CHANGE FROM "A" TO" (H)R2"
~ ZONING CHANGE FROM "A" TO"(H)R2-26"
_ ZONING CHANGE FROM "A" TO"(H)R2-27"
~ ZONING CHANGE FROM "A" TO" (H)R2-28"
l2&2?J ZONING CHANGE FROM "A" TO" EP"
Me or
Clerk
LOT 10 LOT 9 LOT 8
CONCESSION ROAD 3
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