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HomeMy WebLinkAboutPSD-102-05 ClYlfflglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 6,2005 Report #: PSD-102-05 File #: 18T-89070 By-law #: Subject: AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVSION 18T-89070 TO PERMIT THE DEVELOPMENT OF 84 RESIDENTIAL UNITS APPLICANT: 2044356 ONTARIO LIMITED (PALAKA) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-102-05 be received; 2. THAT proposed revisions to Draft Approved Plan of Subdivision 18T-89070 be approved FORTHWITH subject to the conditions contained in Attachment 2; 3. THAT the Mayor and Clerk be authorized by By-law to execute a Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the agreement has been finalized to the satisfaction of the Directors of Engineering and Planning Services and that the proposed By-law contained in Attachment 3 to this Report be passed; 4. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and, 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. . Submftted b, ~ aVI J. Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: nklin Wu, Chief Administrative Officer TW*CP*DJC*sh*df 30 August 2005 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-102-05 PAGE 2 1.0 APPLICATION 1.1 Owner: 2044356 Ontario Ltd. 1.2 Agent: Tunney Planning Inc. 1.3 Amendment to Draft Approved Plan of Subdivision: From: 18 lots for 36 semi-detached units, 1 block for 42 townhouse units, 8 blocks for future residential development in conjunction with adjacent lands, 1 block for a road widening and various 0.3m reserve blocks. To: 18 lots for 36 semi-detached units, 1 block for 48 townhouse units,1 block for a road widening and various 0.3m reserve blocks. 1.4 Site Area: From: 3.128 ha To: 2.910 ha 2.0 LOCATION 2.1 The subject lands are located on the west side of Liberty Street North, south of Concession Road 3 and north of Longworth Avenue. The lands are further described as Part of Lot 11, Concession 2 in the former Town of Bowmanville (Attachment 1). 3.0 BACKGROUND 3.1 The Region of Durham issued Draft Approval for Plan of Subdivision 18T-89070 on July 11, 1997. On August 8, 2005 Staff received an application to amend Draft Approved Plan of Subdivision 18T-89070. The application for amendment to draft approval reflects Land Division Applications LD109/2005 and LD110/2005 which were approved to facilitate a boundary realignment between the subject property and the property to the north which contains Draft Approved Plan of Subdivision 18T-87021 being developed by Intracorp, known as Liberty Crossing. Draft Approved Plan of Subdivision 18T-87021 was amended on June 20, 2005 to recognize the boundary realignment. 3.2 Application LD109/2005 resulted in the conveyance of a medium density block for 6 townhouse units from the Intracorp lands (18T-87021) which was melded with the subject property (18T-89070). The conditions of draft approval required the two blocks to be developed as one. 3.3 Application LD110/2005 conveyed a 0.391 ha parcel from the subject property (18T- 89070) which was melded with the Intracorp lands for the completion of eleven lots for single detached lots. This land was originally approved as eight blocks intended to be developed in conjunction with the lands contained in 18T-87021 for eleven single detached lots. REPORT NO.: PSD-102-05 PAGE 3 3.4 The proposed amendment to draft approval recognizes the boundary change between the two abutting draft plans of subdivision, but does not change the proposed number of lots or development pattern in any way. In consideration of this and the time constraints for servicing the lands together with 18T-87021, (the Municipality has already entered into a subdivision agreement for 18T-87021), it is recommended that amendment to Draft Approval proceeds immediately. Public Notice was not required in accordance with section 51(47) of the Planning Act due to the minor nature of the request. 4.0 RECOMMENDATIONS 4.1 Prior to the approval of the amendment to Draft Approved Plan of Subdivision 18T- 89070, the conditions of draft approval were revised and forwarded to the applicant for their review and concurrence. The purpose of this exercise is to determine if there are any conditions of draft approval that the applicant does not agree with and require further discussion. The applicant has provided concurrence with the attached Conditions of Draft Approval. 4.2 In consideration of the comments above, staff recommends approval of the amendment to Draft Approved Plan of Subdivision 18T-89070, on Attachment 1 forthwith, subject to the conditions contained in Attachment 2. Attachments: Attachment 1 - Key Map Amendment to Draft Approved Plan Attachment 2 - Conditions of Draft Approval Attachment 3 - By-law authorizing execution of the Subdivision Agreement CONDITIONS OF DRAFT APPROVAL Revised Draft Plan of Subdivision 18T-89070 Part Lot 11, Concession 2, Former Town of Bowmanville 1. The revised Conditions of Draft Approval for Plan of Subdivision 18T-89070 last approved July 11, 1997, being numbers 1 to 26, shall be deleted in their entirety and replaced with the following conditions. PLAN IDENTIFICATION 2. The Owner shall have the final plan prepared on the basis of approved draft Plan of Subdivision 18T-89070 prepared by Tunney Planning Inc. identified as project number TUN 532-3, dated August 2005, which illustrates 18 lots for 36 semi-detached units, one block for 48 townhouse units, one block for a road widening and various 0.3 m reserve blocks. FINAL PLAN REQUIREMENTS 3. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 4. 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. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 5. The Owner shall submit plans showing the proposed phasing to the Region and the Municipality of Clarington for review and approval if the subdivision is to be developed by more than one registration. 6. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 7. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 8. 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. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 9. 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. 10. The Owner shall convey a 2.134 metre road widening as identified as Block 23 on the draft plan to the Region of Durham for the purpose of widening Regional Road No. 14 (Liberty Street). 11. The Owner shall convey a 0.3 metre reserve across the entire frontage of the draft plan along Regional Road No. 14 (Liberty Street) to the Region of Durham. 12. The Owner shall terminate any dead ends and/or open sides of road allowances created by this draft plan in 0.3 metre reserve(s) to be conveyed to the Municipality of Clarington. 13. The Municipality of Clarington shall be satisfied that the completion or installation of road works and services are completed in the adjacent plans of subdivision 18T-82037 and 18T-87021. 14. The Owner shall construct all storm water drainage works and facilities in accordance with the recommendations of the Northwest Bowmanville Master Drainage Study and the Master Drainage Plan for the West Branch of Soper Creek to the satisfaction of the Municipality of Clarington. 15. The Owner shall convey land to the Municipality of Clarington for park or other public recreational purposes in accordance with the provisions of the Planning Act. Alternatively, the municipality may accept cash-in-lieu of such conveyance. 16. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 17. The Owner shall agree in the Municipality of Clarington’s subdivision agreement to reimburse the downstream front ending developers for an appropriate share of the cost of the oversizing of downstream stormwater works in the Northwest Bowmanville Watershed area. 18. Prior to any on-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval of the Municipality of Clarington and the Central Lake Ontario Conservation Authority for reports describing the following: a) the intended means of conveying stormwater flow from the site, including use of stormwater management techniques which are appropriate and in accordance with the provincial guidelines. The stormwater facilities must be designed and implemented in accordance with the recommendations of the Northwest Bowmanville Stormwater Management Project and the Master Drainage Plan for 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; 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. 19. Prior to any grading, filling or construction on the site or prior to final approval of this plan, the Owner shall submit and obtain the Central Lake Ontario Conservation Authority’s approval of site grading plans which indicate the 100-year flood overland flow route for the proposed development. 20. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 21. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality’s standards and criteria. 22. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 23. The Owner shall agree in the Municipality of Clarington subdivision agreement to submit to the Region and the Municipality of Clarington, for review and approval prior to the development of the medium density block abutting Liberty Street, report prepared by an acoustic engineer based on projected traffic volumes provided by the Durham Region Planning Department recommending noise attenuation measures for this block in accordance with the Ministry of Environment and Energy guidelines. The Owner shall agree in the Municipality of Clarington subdivision agreement to implement the recommended noise control measures. The agreement shall contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. 24. The Owner shall agree in the Municipality of Clarington subdivision agreement to implement the recommendation of the report, entitled “Revision of Noise Impact Study Plan of Subdivision File: 18T-89070”, prepared by G.M. Sernas & Associates, dated October 1990, which specifies noise attenuation measures for the development. The complete reference to the noise report (i.e. author, title, date and any revisions/addenda) and shall include any warning clauses 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. The Regional Municipality of Durham shall be satisfied that sanitary sewer and water supply services have been installed, or shall be installed, in the abutting/adjacent plan of subdivision 18T-82037. 27. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage and other local services. 28. 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. 29. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to carry out the works referred to in Condition 16 and Condition 17 to the satisfaction of the Central Lake Ontario Conservation Authority. b) The Owner agrees to place the following in all agreements of purchase and sale between the Developer and all prospective home buyers: “Students from this area may have to attend existing schools outside their neighbourhood. Although a school site has been reserved within an adjacent plan of subdivision; a school may not be built for some time, if at all, and then only if it can be justified by the Ministry of Education.” c) The Owner agrees to implement those noise control measures recommended in the Noise Report required in Condition 18 and Condition 19. 30. 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) The Regional Planning Department, how Conditions 4,5,7,8,10,11,23,24,25,26 and 28 have been satisfied; b) Central Lake Ontario Conservation Authority, how Conditions 18, 19 and 29 a) have been satisfied; c) Peterborough Victoria Northumberland Clarington District School Board, how Condition 29 b) has 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 in your interest, as well as 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. 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 shall 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) Peterborough Victoria Northumberland Clarington District School Board, 1355 Lansdowne Street West, Peterborough, Ontario K9J 7M3. 1-800-461-8009 c) Region of Durham Planning Department, 605 Rossland Road East, P.O. BOX 623, Whitby, Ontario, L1N 6A3. (905) 668-7711 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005-________ being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T-89070 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T- 89070 WHEREAS the Council on September 12, 2005, approved an amendment to draft Plan of Subdivision located in Part Lot 11, Concession 2, former Town of Bowmanville and authorized the execution of a subdivision agreement; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation’s seal, an agreement between the Owners of Plan 18T-89070. 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality, the said conveyances of lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 ___________________ _ ______ John Mutton, Mayor ___________________ ______ Patti L. Barrie, Municipal Clerk