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Report To: Planning and Development Committee
Date of Meeting: March 13, 2017
Report Number: PSD-018-17
File Number: S-C 2016-0003, ZBA 2016-0025
Resolution:
By-law Number:
and ZBA 2016-0026
Report Subject: An Application by 2084165 Ontario Limited and Akero Development
Inc. for Low and Medium Density Development
3222 and 3350 Middle Road, Bowmanville
Recommendations:
1.That Report PSD-018-17 be received;
2.That the application for Draft Plan of Subdivision submitted by 2084165 Ontario Limited
and Akero Development Inc. to permit a total of six single detached lots on one parcel of
land and three single detached lots and one block for a future medium density
development on a second parcel of land be supported subject to conditions as contained
in Attachment 2 of Report PSD-018-17;
3.That the Zoning By-law Amendment application submitted by 2084165 Ontario Limited
and Akero Development Inc. be approved as contained in Attachment 3 of Report PSD-
018-17;
4.That once all conditions contained in the Official Plan with respect to the removal of the
(H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding
Symbol be approved;
5.That should Block 10 of S-C-2016-0003 together with Block 46 of Registered Plan of
Subdivision 40M-2578 be proposed in the future for a Common Elements Condominium,
that no further public meeting be required;
6.That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD-018-17 and
Council’s decision; and
7.That all interested parties listed in Report PSD-018-17 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-018-17 Page 2
Report Overview
This report is recommending approval of applications for a draft plan of subdivision and
rezoning, submitted by 2084165 Ontario Limited and Akero Development Inc. to permit a total
of six single detached lots on one parcel of land (the north parcel) and three single detached
lots and one block for a future medium density development on a second parcel (the south
parcel) of land in the Northglen Neighbourhood of Bowmanville.
1. Application Details
1.1 Owner/Applicant: 2084165 Ontario Limited and Akero Developments Inc.
1.2 Agent: D. G. Biddle and Associates Limited
1.3 Proposal: North Parcel
To create six blocks that will meld with six other blocks in a future
phase of Draft Approved Plan of Subdivision S-C 2007-0004 for
six lots for single detached dwellings upon registration.
South Parcel
To create four blocks that will meld with four existing blocks in
registered Plan of Subdivision 40M-2578 which will form three
lots for single detached dwellings and a block for a future
medium density development in a common elements
condominium.
1.4 Area: North parcel
0.18 hectares
South parcel
0.49 hectares
1.5 Location: Both parcels are on the west side of Middle Road, approximately
500 metres north of Concession Road 3. One is 3222 Middle
Road (south) and the other is 3350 Middle Road (north), being
Lot 13, Concession 3 in former Township of Darlington (see
Figure 1).
1.6 Roll Number: 1817-010-080-05500 and 1817-010-030-05100
1.7 Within Built Boundary: Yes
Municipality of Clarington
Report PSD-018-17 Page 3
Figure 1 - Location of subject property
Municipality of Clarington
Report PSD-018-17 Page 4
2. Background
2.1 The Northglen Neighbourhood Design Plan was approved in 2007. Northglen is generally
bounded by Concession Road 3 to the south, Regional Road 57 to the west, the urban
area boundary to the north and Liberty Street to the east. Separate applications for draft
plan of subdivision and rezoning were submitted for the east side of Middle Road
(Northglen East) and the west side of Middle Road (Northglen West).
2.2 Draft Approval for both Northglen East and West was issued in March 2008. Northglen
West has multiple owners and is being developed in multiple phases. Phases 1A, 1B, and
Phase 2 were registered in 2013, 2014, 2016 respectfully by the owner of 2265719
Ontario Inc. Two other owners, Akero (Kirk Kemp) and 2084165 Ontario Limited
(Halminen Homes) own the lands which front onto Middle Road, identified as Phases 6
and 7 which were registered on November 22, 2016.
At the time of draft approval for Northglen West, the applicants did not own the two
subject parcels, as such they were not included in the draft plan application. These
parcels were however identified for development as lots for single detached dwellings
and a part of a medium density block in the approved Northglen Neighbourhood Design
Plan.
2.3 On October 25, 2016 the applicant’s agent submitted applications for rezoning on two
parcels of land. The application for Draft Plan of Subdivision for both parcels was
submitted on November 18, 2016 (see Figure 2).
Municipality of Clarington
Report PSD-018-17 Page 5
Figure 2: Draft Plan of Subdivision
Municipality of Clarington
Report PSD-018-17 Page 6
The north parcel when melded with abutting lands will be developed as six lots for single
detached dwelling in Phase 8 of the Northglen which has yet to be registered
(see Figure 3). The lands with capitalized letters represent blocks in the existing draft
approved Plan of Subdivision S-C-2007-005. The lands with lower case letters represent
the future blocks created from 3350 Middle Road.
Figure 3: – Lot Creation for North Parcel – 3350 Middle Road
The south parcel in conjunction with lands in registered plan of subdivision 40M-2578 will
allow the completion of one larger block for a medium density development and three
single detached dwellings (see Figure 4). The lands with capitalized letters represent
blocks in the existing registered Plan of Subdivision, 40M-2578. The lands with lower
case letter signify blocks to be created from 3222 Middle Road.
Figure 4: Lot and Block Creation for South Parcel – 3222 Middle Road
A+a= 1 lot
B+b= 1 lot
C+c= 1 lot
D+d= 1 lot
E+e= 1 lot
F+f = 1 lot
Total:
6 lots for
Single
Detached
Dwellings
A+A+a = 1 Block
B+b = 1 lot
C+c = 1 lot
D+d = 1 lot
Total:
1 Block for
Medium Density
Townhouses
3 lots for Single
Detached
Dwellings
Municipality of Clarington
Report PSD-018-17 Page 7
3. Land Characteristics and Surrounding Uses
3.1 The north parcel supported a single detached dwelling, which has now been demolished
(see Figure 5).
The dwelling on the south parcel was destroyed by fire. It is surrounded by a recently
registered plan of subdivision and has been graded (see Figure 6)
Figure 5 – North Parcel -3350 Middle Road
Figure 6 - South Parcel -3222 Middle Road
Municipality of Clarington
Report PSD-018-17 Page 8
3.2 The surrounding uses are as follows:
North - Vacant and Draft Approved Plan of Subdivision S-C 2007-0004 (Phase 8)
South - On-going house construction
East - Apple orchard and Draft Approved Plan of Subdivision S-C 2007-0005
West - On-going house construction
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement encourages planning authorities to create healthy livable
and safe communities by accommodating an appropriate range and mix of residential,
employment, recreational and open space uses to meet long term needs. Some relevant
policies are:
New development shall occur adjacent to built-up areas, and shall have compact
form, a mix of uses and densities that allow for the efficient use of land,
infrastructure and public services.
New housing is to be directed to locations where infrastructure and public services
are or will be available.
A full range and mix of housing types and densities shall be provided to meet
projected requirements of current and future residents of the regional market area.
Infrastructure and public service facilities shall be provided in a coordinated, efficient
and cost effective manner.
4.2 Provincial Growth Plan
The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas, such as the Bowmanville Urban Area.
Municipalities are encouraged to create complete communities that offer a mix of land
uses, employment and housing options, high quality open space, and access to stores
and services. In particular:
Growth is to be accommodated in transit-supportive communities to reduce
dependence on the automobile through the development of mixed use, pedestrian-
friendly environments.
Growth shall also be directed to areas that offer municipal water and wastewater
systems.
Municipalities should establish an urban open space system within the built up
areas.
Municipalities must accommodate residential development within the built up area.
Municipality of Clarington
Report PSD-018-17 Page 9
4.3 The development allows for the efficient use of land, infrastructure and public services
and is consistent with the Provincial Policy Statement and the Growth Plan. The
proposed development will allow for the completion of lots planned for single detached
dwellings and medium density providing different forms of housing. Municipal water and
sanitary sewers are required for the blocks to develop. Transit routes will be established
as development proceeds. A neighbourhood park is located on Northglen Boulevard. A
block has been reserved on Northglen Boulevard, in Phases 6 and 7 for a future public
elementary school. A mixed use block is designated, but not yet zoned on the north-east
corner of Concession Road 3 and Regional Road 57.
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Region Official Plan designates the subject lands as Living Area. Lands
designated as Living Area permit the development of communities with defined
boundaries, incorporating the widest possible variety of housing types, sizes and tenure
to provide living accommodations that address various socio-economic factors. The
proposed development is permitted within the Living Area designation.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands “Urban Residential”.
The Low Density designation allows a density of 10 to 30 units per net hectare and
predominant form of housing are single and semi-detached units.
The Medium Density designation allows for density of 31 to 60 units per hectare while the
predominant form of housing are townhouses, triplexes and quadraplexes or low rise
apartments.
Northglen Boulevard is a collector road with a right-of-way width of 23 metres and Middle
Road is a Type C Arterial with a right-of-way width of 26 to 30 metres which can
accommodate greater volumes of traffic.
5.3 Clarington Official Plan as Amended by Amendment 107
On November 1, 2016, Council adopted the Official Plan Amendment 107 to bring the
Clarington Official Plan into conformity with the Regional Official Plan and provincial
policies. The subject site remains designated Urban Residential. All applicable policies
remain.
5.4 Northglen Neighbourhood Design Plan
Northglen Neighbourhood Design Plan was approved in 2008. The applications as
submitted are consistent with and implement the approved plan.
Municipality of Clarington
Report PSD-018-17 Page 10
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands “Agricultural (A)” Zone. An amendment to
the zoning by-law is required to permit future residential development.
7. Public Meeting and Submissions
7.1 The Public Meeting was held on January 9, 2017. One individual questioned the
definition of medium density development. She asked if there will be any improvements to
Middle Road or Concession Road 3 to accommodate for the increased traffic.
7.2 Another individual residing on Middle Road, north of the subject parcels does not have
issues with the development however is concerned that their well will be impacted. She
has spent a great deal of money on equipment and has discovered that they have lost
water in their well. The surrounding creeks and ponds have very low water levels or are
completely dry. Their well was replenished, but they remain concerned that the
development will have an impact.
7.3 Resident concerns are addressed in Sections 10.2 – 10.4 of this report.
8. Agency Comments
8.1 Region of Durham
The Region of Durham stated that the subject lands are within the Living Area
designations, Regional Planning has no objection to the applications. The applications
were found to conform to the Growth Plan, the Provincial Policy Statement and the
Durham Regional Official Plan.
Regional Works identified that sanitary and water services are available to
accommodate these proposed lots. The development does not present any significant
Regional transportation or transit impacts.
The Region’s conditions are included in the proposed Conditions of Draft Approval
included as Attachment 3.
8.2 Central Lake Ontario Conservation Authority
The Authority has no objections to the proposal and provided technical comments to
the applicant regarding grading and stormwater management that must be addressed.
The Conservation Authority also provided standard conditions of draft plan approval.
8.3 Kawartha Pine Ridge District School Board
The Public School board has offered no objection to the applications stating that the
applicant has entered into a written agreement with the Board for the future acquisition
of the school block for an elementary school.
Municipality of Clarington
Report PSD-018-17 Page 11
9. Departmental Comments
Engineering Services Department
The developer has now acquired the two parcels which complete missing components of
those phases. These parcels were included in the Northglen Neighbourhood Design
Plan. The developer has submitted a draft plan of subdivision showing how these parcels
will be lotted out which is consistent with the Neighbourhood Design Plan.
The parcels were included in the Functional Servicing Reports (FSR) for the surrounding
lands. The parcels will be developed in conjunction with (not in isolation of) the
surrounding lands as part of each of those phases. Each parcel fronts onto Middle Rd.
which will be reconstructed in 2017.
A pre-consultation meeting is required for the medium density block prior to a site plan
application.
10. Discussion
10.1 The two parcels were recently acquired by the applicants. The uses and lotting patterns
are consistent with the approved Neighbourhood Design Plan as follows:
The northerly parcel will form six blocks that will meld with another six blocks in
registered plan ofsubdivision 40M-2578 resulting in six lots for single detached
dwellings when Phase 8 is registered, anticipated sometime late spring.
The southerly parcel will yield a total of three single detached dwelling lots and a
1.16 hectare medium density block in conjunction with lands in registered plan 40M-
2578.
10.2 Medium Density Block
The Medium Density Block zoning was established at the time of the approval of the
original Northglen West plan of subdivision. The zone permits street townhouse, link
townhouses and apartments with a density no greater than 45 units per net hectare. This
would allow up to 52 units. We understand that a common elements condominium
townhouse project with fewer units will be submitted for site plan approval. It is
recommended that no further public meeting be required for the future Common
Elements Condominium application.
10.3 Road Improvements
Middle Road south of Concession Road 3 is currently being urbanized, including all
underground services, as well as curb, sidewalk and street lighting. Middle Road north of
Concession Road 3 will be reconstructed this year, including, storm sewer, sidewalk,
street lighting and curbs.
Municipality of Clarington
Report PSD-018-17 Page 12
Concession Road 3 from Middle Road east to Gimblett Drive will be reconstructed,
including storm sewer sidewalk, street lighting and curbs. Reconstruction of Concession
Road 3 from Middle Road to Regional Road 57 is scheduled to occur in 2018 pending
Council`s approval of the 2018 Capital Budget.
The reconstruction of the intersection at Regional Road 57 and Concession Road 3
commenced in November 2016 and will continue into the spring. Traffic signals have
been installed. To further improve the intersection, the Region intends to remove the
bend on Regional Road 57 in 2018 subject to the approval of Regional Council for the
expenditure of funds.
10.4 Well Interference
All developers in the Northglen West are monitoring wells within a 500 metre radius from
the point of dewatering, provided that homeowners have permitted monitoring. The
resident who expressed well interference concerns at 3770 Middle Road is greater than
700 metres from the site and about 950 metres from the point of dewatering. De-
watering was undertaken from June 21 to August 25, 2016 and again from September 1
to September 9, 2016. Based on data from wells that were monitored, water level
drawdown from de-watering was limited to an area within approximately 150 metres of
the de-watering. No private monitored wells had groundwater level or water quality
issues from the de-watering. The consultant did not anticipate impacts from de-watering
at the well at 3770 Middle Road. The hydrogeological consultant will include 3770 Middle
Road in the monitoring program associated with any future de-watering. The Region of
Durham has a Well Interference Policy and collects money through development charges
to address individuals whose well may be impacted by development.
10.5 The Holding (H) symbol will be applied on the proposed zoning to ensure adequate
access and services are in place prior to development and the appropriate by-law will
be forwarded to Council to lift the symbol when the appropriate conditions are met.
10.6 Conditions of Draft Approval have been prepared based on staff and agency
comments and would be fulfilled as the subdivision application moves through the final
approval stage. The Owner of the lands will be required to enter into a Subdivision
Agreement and Site Plan Agreement for the Medium Density Block with the
Municipality of Clarington.
11. Conclusion
In consideration of the findings of all supporting studies, agency and resident comments
and based on review of the proposal, staff recommend approval of the proposed draft
plan of subdivision, (Figure 2), Conditions of Draft Approval (Attachment 1) and Zoning
By-law amendment (Attachment 2).
Municipality of Clarington
Report PSD-018-17 Page 13
12. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Curry Clifford, MPA. CMO
Director of Planning Services Interim CAO
Staff Contact: Cynthia Strike Principal Planner, 905-623-3379 ext.2410 or
cstrike@clarington.net
Attachments:
Attachment 1 - Conditions of Draft Approval
Attachment 2 - Zoning By-law
The following is a list of the interested parties to be notified of Council’s decision:
Hannu Halminen
Kirk Kemp
Domenic Tassone
Michael Fry
Karen Paplinskie
Terri Cochrane and Mike Hogarth
Judy and Ken Gray
CS/CP/df
I:\^Department\LDO NEW FILING SYSTEM\Application Files\SC Subdivision\S-C 2016\S-C-2016-0003 3222 & 3350 Middle Road\Staff Report\PSD-018-17.docx
Attachment 1 to
Municipality of Clarington Report PSD-018-17
CONDITIONS OF DRAFT APPROVAL
File Number: S-C-2016-0003
Issued for Review: February 27, 2017
Part 1 - PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-2016-0003 prepared by D.G Biddle & Associates Limited
identified as job number 116123, dated November 18, 2016, which illustrates 9
part blocks to meld with part blocks in both registered Plan 40M-2578 and Draft
Approved Plan of Subdivision S-C 2007-0004 to create a total of 9 lots for single
detached dwellings, and one block to meld with Blocks 45 and 46 in registered
Plan 40M-2578, road widenings and reserves.
Part 2 – GENERAL
2.1 The Owner shall enter into a subdivision agreement with the Corporation of the
Municipality of Clarington (the “Municipality”) that contains all of the terms and
conditions of the Municipality’s standard subdivision agreement respecting the
provision and installation of roads, services, drainage, other local services and all
internal and external works and services related to this plan of subdivision. A copy
of the Municipality’s standard subdivision agreement can be found at
http://clarington.net/documents/planning/subdivision-agreement-feb2014.pdf
2.2 The Owner shall name all road allowances included in the draft plan to the
satisfaction of the Municipality and the Regional Municipality of Durham (the
“Region”).
2.3 All works and services must be designed and constructed in accordance with the
Municipality’s Design Guidelines and Standard Drawings.
Architectural Control
2.4 (1) The Owner shall be comply with the Architectural Control Guidelines, for the
Northglen Neighbourhood prepared by Cassidy & Co., dated May 17, 2011.
(2) The Owner shall pay 100% for the cost for the “Control Architect”
to review and approve all proposed models and building permits, to the
satisfaction of the Director of Planning Services.
(3) No residential units shall be offered for sale to the public on the draft plan
including medium density blocks, until such time as architectural control
guidelines and the exterior architectural design of each building has been
approved by the Director of Planning Services.
(4) No building permit shall be issued for the construction of any building on any
residential lot or block on the draft plan, until the architectural control
guidelines for the development and the exterior architectural design of each
building and the location of the building on the lot has been approved by the
Director of Planning Services.
Marketing and Sales
2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and
surrounding land uses. The Land Use Plan shall be in a format approved by
the Director of Planning Services.
(2) The Owner shall erect and maintain a sign on the development site and/or in
the sales office which shows the Land Use Plan as approved by the Director
of Planning Services.
(3) The Owner shall submit its standard Agreement of Purchase and Sale to the
Director of Planning Services which includes all warning clauses/notices prior
to any residential units being offered for sale to the public.
Site Alteration
2.6 Draft plan approval does not give the Owner permission to place or dump fill or
remove fill from, or alter the grade of any portion of the lands within the draft plan.
The Owner shall be required to obtain a permit from the Municipality under Site
Alteration By-law 2008-114, as amended, for any such work. If any portion of the
lands are within an area regulated by a conservation authority, the Owner shall
obtain a permit from the conservation authority in addition to obtaining approval
from the Director of Engineering Services regarding the intended haulage routes,
the time and duration of the site alteration work and security relating to mud clean
up, dust control and road damage. After registration of a subdivision agreement,
the provisions of the Municipality’s standard subdivision agreement shall apply to
any proposed site alteration on the lands covered by the subdivision agreement.
Part 3 - FINAL PLAN REQUIREMENTS
3.1 The Owner shall transfer to the Municipality (for nominal consideration free and
clear of encumbrances and restrictions) the following lands and easements:
(a) Reserves
A 0.3 metre reserve shown as Blocks 12 and 14 on the draft plan.
(b) Road Widenings
A 3.0 metre road widenings along the frontage of Middle Road shown as
Blocks 11 and 13 on the draft plan.
3.2 The Owner shall grant to the Regional Municipality of Durham, any easements
required to provide Regional services for this development and these easements
shall be in location and of such widths as determined by the Region.
Part 4 –PLANS AND REPORTS REQUIRED PRIOR TO SUBDIVISION
AGREEMENT/FINAL PLAN REGISTRATION
4.1 The Owner shall submit the following plans and report or revisions thereof:
Phasing of Development
(1) South Parcel
The Owner acknowledges that Blocks 1 to 4 must meld with Blocks 42,
43, and 44 respectfully registered Plan 40M-2578 to create three lots for
single detached dwellings. Block 10 must meld with Blocks 45 and 46 in
Plan 40M-2578. Building permits will not be available until the blocks have
been melded through the registration of the draft plan.
North Parcel
The Owner acknowledges that Blocks 4 to 9 must meld with Blocks 820,
821, 822, 823, 824 and 825 respectfully in Draft Approved Plan of
Subdivision S-C 2007-0004, as amended, July 14, 2011. Building permits
will not be available until the blocks have been melded through the
registration of the two draft plans.
Noise Report
(2) The Owner shall submit to the Director of Engineering Services, the Director
of Planning Services and the Region, for review and approval, an updated
noise report, based on the preliminary noise report entitled Noise Impact
Study Northglen Phase 8, prepared by D.G. Biddle and Associates Limited,
dated January 17, 2017 Project No. 116159.
Functional Servicing
(3) The Owner shall submit an updated Functional Servicing Report satisfactory
to the Director of Engineering Services and Central Lake Ontario
Conservation.
Community Theme Plan
(4) The Owner shall comply with the “Community Theme Plan” entitled the
Northglen Neighbourhood Landscape Master Plan, by Ferris and Associates
Inc. and approved by the Director of Planning Services and Director of
Engineering Services for approval
Environmental Sustainability Plan
(6) The Owner shall submit an Environmental Sustainability Plan to the
satisfaction of the Director of Planning Services. Such plan shall identify the
measures that the Owner will undertake to conserve energy and water in
excess of the standards of the Ontario Building Code, reduce waste, increase
recycling of construction materials and utilize non-toxic, environmentally
sustainable materials and finishes. The plan shall include the location of a
shade tree, or provision for a voucher from a local nursery to allow the
purchaser to acquire a shade tree to provide passive solar gain during the
various seasons.
Soils Management Plan
(7) Prior to Authorization to Commence, the Owner shall provide a Soils
Management Plan for review and approval by the Director of Engineering
Services. Such plan shall provide information respecting but not limited to
any proposed import or export of fill to or from any portion of the Lands,
intended haulage routes, the time and duration of any proposed haulage, the
source of any soil to be imported, quality assurance measures for any fill to
be imported, and any proposed stockpiling on the Lands. All imported
material must originate from within the Municipality of Clarington. The Owner
shall comply with all aspects of the approved Soils Management Plan. The
Director may require the Owner to provide security relating to mud clean up,
dust control and road damage
Part 5 –SPECIAL TERMS AND CONDITIONS TO BE INCLUDED IN THE
SUBDIVISION AGREEMENT
Lands Requiring Site Plans
5.1 The Owner shall not make an application for a building permit in respect of Block
10 in S-C 2016-0003, Block 45 and 46 in 40M-2578 until said Blocks have melded
together and the Owner has received site plan approval from the Municipality
under Section 41 of the Planning Act, R.S.O. 1990, C.P.13.
Parkland
5.2 The Owner shall pay the Municipality an amount in lieu of conveying land for park
or other public recreational purposes under section 5.1. of the Planning Act,
R.S.O. 1990, c.P.13. The Owner acknowledges that this amount represents the
value of the land that would otherwise be required to be conveyed at the rate
equivalent to five percent of the total land area in the draft Plan as of the day
before the approval of draft Plan of Subdivision S-C-2016-0003.
Noise Attenuation
5.3 (1) The Owner shall implement the noise attenuation measures recommended in
the noise report entitled Noise Impact Study Northglen Phase 8, prepared by
D.G. Biddle and Associates Limited, dated January 17, 2017 Project No.
116159. (the “Noise Report”).
(2) The Owner shall not make an application for a building permit for any
building on the Lands until an acoustic engineer has certified that the plans
for any building are in accordance with the Noise Report.
Decommissioning of Wells
5.4 Prior to registration, the Owner shall provide confirmation to the Director of
Planning Services that all wells on site were decommissioned in accordance with
Ontario Regulation 903.
Oversizing on Middle Road
5.5 The Owner shall pay for the oversizing of storm sewer and any other associated
works for the reconstruction of Middle Road, to the satisfaction of the Director of
Engineering Services.
Part 6 – AGENCY CONDITIONS
6.1 Region of Durham
(1) 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 Region. All arrangements, financial and otherwise, for said extensions
are to be made to the satisfaction of the Region, and are to be completed
prior to final approval of this plan.
(2) Prior to entering into a subdivision agreement, the Region shall be satisfied
that adequate water pollution control plant and water supply plant capacities
are available to the proposed subdivision.
(3) The Owner shall satisfy all requirements, financial and otherwise, of the
Region. 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.
(4) Prior to final approval, the Owner is required to submit a signed Record of
Site Condition (RSC) Compliant Phase One Environmental Site Assessment
and any further required site contamination works for the northern parcel to
the Region of Durham and/or the Ministry of Environment and Climate
Change (MOECC) for review and approval.
(5) The Owner shall submit plans showing any proposed phasing to the Regional
Municipality of Durham for review and approval if this subdivision is to be
developed by more than one registration.
6.2 Conservation Authority
(1) That, the north parcel be developed is co-ordination with and subject to the
approval of Phase 8 of the adjacent subdivision S-C 2007-0004, and that
prior to any on-site grading or construction or final approval of Phase 8 of S-
C 2007-0004, the Owner shall submit and obtain approval from the Central
Lake Ontario Conservation Authority for reports describing the following:
a. The intended means of controlling and conveying stormwater flow from
the site to an appropriate and acceptable location, including use of
stormwater techniques in accordance with the provincial guidelines;
b. The intended means of providing water quality treatment for the site in
accordance with provincial guidelines;
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; and
d. Details on the types and use of Low Impact Development (LID)
measures to be implemented within the development to assist in
reducing stormwater runoff and encouraging infiltration.
(2) That, the south parcel be subject to site plan approval and that prior to any
on-site grading or construction or final approval of site plan application, the
Owner shall submit and obtain approval from the Central Lake Ontario
Conservation Authority for reports describing the following:
a. The intended means of controlling and conveying stormwater flow from
the site to an appropriate and acceptable location, including use of
stormwater techniques in accordance with the provincial guidelines;
b. The intended means of providing water quality treatment for the site in
accordance with provincial guidelines;
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; and
d. Details on the types and use of Low Impact Development (LID)
measures to be implemented within the development to assist in
reducing stormwater runoff and encouraging infiltration.
(3) The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing Fees and
Technical Review Fees as per the approved Authority Fee Schedule.
(4) 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 Conditions 6.2,
1, 2, and 3 to the satisfaction the Central Lake Ontario Conservation
Authority.
b. The Owner agrees to maintain all stormwater and erosion and sediment
control structures and measures operating in good repair during the
construction period, in a manner satisfactory to the Central Lake Ontario
Conservation Authority.
6.3 Canada Post Corporation
(1) The Owner shall satisfy the following requirements of Canada Post
Corporation and the Municipality with respect to the provision of mail delivery
to the Subdivision Lands and the provision of community mailbox locations, as
follows:
a. The Owner shall advise Canada Post as to the excavation date for the
first foundation/first phase as well as the date development work is
scheduled to begin.
b. If applicable, the Owner shall ensure that any street facing installs have
a pressed curb or curb cut.
c. The Owner shall advise Canada Post as to the expected first occupancy
date and ensure the site is accessible to Canada Post 24 hours a day.
d. The Owner will consult with Canada Post and the Municipality to
determine suitable permanent locations for the Community Mail Boxes.
The Owner will then indicate these locations on the appropriate
servicing plans.
e. The Owner agrees, prior to offering any units for sale, to display a map
on the wall of the sales office in a place readily accessible to potential
homeowners that indicates the location of all Community Mail Boxes
within the development, as approved by Canada Post.
f. The Owner will provide a suitable and safe temporary site for a
Community Mail Boxes upon approval of the Municipality (that is
levelled with appropriate sized patio stones and free of tripping
hazards), until curbs, sidewalks and final grading are completed at the
permanent locations. Canada Post will provide mail delivery to new
residents as soon as the homes or units are occupied.
g. Owner agrees to provide the following for each Community Mail Boxes
and to include these requirements on the appropriate servicing plans (if
applicable):
i) Any required walkway across the boulevard, per municipal
standards; and
ii) Any required curb depressions for wheelchair access, with an
opening of at least two meters (consult Canada Post for detailed
specifications).
Utilities
6.4 (1) The Owner shall coordinate the preparation of an overall utility distribution
plan that allows for the safe installation of all utilities including the separation
between utilities to the satisfaction of the Director of Engineering Services.
(2) All utilities will be installed within the proposed road allowances. Where this is
not possible, easements will be provided at no cost to the utility provider.
Proposed easements are not permitted on lands owned by the Municipality
unless it can be demonstrated that there is no other alternative. Such
easements must not impede the long term use of the lands and will be at the
discretion of the Director of Engineering Services.
(3) The Owner shall cause all utilities, including hydro, telephone, and cable
television within the streets of this development to be installed underground
for both primary and secondary services.
Part 7 – STANDARD NOTICES AND WARNINGS
7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots
informing the purchaser of all applicable development charges in accordance with
subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27.
7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of
the Municipality’s standard subdivision agreement in Agreements of Purchase and
Sale for all Lots or Blocks.
7.3 The Owner shall include the following notices and warning clauses in Agreements
of Purchase and Sale for the Lots or Blocks to which they apply
Noise Report
(1) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Blocks 141 & 5, 144 & 8, and 145 & 9:
“Purchasers are advised that sound levels due to increasing road may
interfere with some activities of the dwelling occupants and the outdoor
sound level as the sound levels will exceed the Ministry of Environment
and Climate Change noise criteria.”
(2) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Blocks 142 & 6 and 143 & 7:
“The dwelling unit located on this lot has been equipped with a central air
conditioning system which will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the limits
recommended by the Ministry of the Environment and Climate Change
noise criteria (Note: the location and installation of the outdoor air
conditioning device should be done as to comply with noise criteria of
MOECC publication NPC-216 Residential Air Conditioning Devices and
thus minimize the noise impacts both on and in the immediate vicinity of
the subject property)”.
(3) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Blocks 140 & 4, 141 & 5, 144 & 8 and 145 & 9 :
“This dwelling unit was fitted with a forced air heating system and
ducting was sized to accommodate a central air conditioning unit.
The installation of central air conditioning by the homeowner will allow
windows and exterior doors to be remain closed, thereby achieving
indoor sound levels within the limits recommended by the Ministry of
the Environment and Climate Charge criteria (Note: The location and
installation of the outdoor air conditioning device should be done so
as to comply with noise criteria of Ministry of Environment and
Climate Change publication NPC-216, Residential Air Conditioning
Devices and thus minimize the noise impacts both on and in the
immediate vicinity of the subject property).”
(4) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Blocks 142 & 6 and 143 & 7:
“Purchasers/tenant are advised that despite the inclusion of noise
control features in the development and within the buildings units,
sound levels due to increasing road traffic may on occasions interfere
with some activities of the dwellings occupants as the sound level will
exceed the Municipality’s and the Ministry of Environment and
Climate Change’s noise criteria.
(5) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Blocks 142 & 6 and 143 & 7:
“An acoustical barrier (fence) has been constructed on this lot help reduce
outdoor noise levels in the rear yards. This lot is not to be tempered with
or removed by the homeowner”.
Nearby Farm Operations
The Owner shall include the following warning clause in agreements of purchase and
sale for All Lots:
“Farm Operations –There are existing farming operations nearby and
that such farming activities may give rise to noise, odours, truck traffic
and outdoor lighting resulting from normal farming practices which
may occasionally interfere with some activities of the occupants.”
Noise Attenuation Fencing
The Owner shall include the following notice in the agreements of purchase and sale for
Block 142 & Block 6 and Block 143 & Block 7:
“Noise Attenuation Fencing - Noise attenuation fencing is a required
feature for this lot to assist in reducing the noise levels to comply with
Ministry of the Environment and Climate Change standards. This
fencing must be located on the private property portion of the lot and
must be designed and constructed in compliance with the
recommendations of the Noise Impact Study prepared by D.G Biddle
and Associates Limited dated January 2017. The maintenance of this
fencing is the responsibility of the owner of the lot after the developer
has been released from any further responsibility for the fence.”
Canada Post Corporation
The Owner shall include the following notice in the agreements of purchase and sale for all lots:
“Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision.”
Part 8 - CLEARANCE
8.1 Prior to final approval of the plan for registration, the Municipality’s Director of
Planning Services shall be advised in writing by,
a. the Region how Conditions 2.2, 3.2, 4.1(2),5.3, 6.1 have been satisfied;
b. Central Lake Ontario Conservation, how Conditions 6.2 have been satisfied;
and
c. Canada Post, how Conditions 6.4 have been satisfied.
Part 9 - NOTES TO DRAFT APPROVAL
9.1 Terms used in these conditions that are not otherwise defined have the meanings
given to them in the Municipality’s standard subdivision agreement.
9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to
final approval. The Planning Act provides that draft approval, may be withdrawn at
any time prior to final approval.
9.3 If final approval is not given to this plan within three (3) 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.
9.4 Where an agency requirement is required to be included in the Municipal
subdivision agreement, a copy of the agreement should be sent to the agency in
order to facilitate their clearance of conditions for final approval of this plan. The
addresses and telephone numbers of these agencies are:
(a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box
623, Whitby, Ontario L1N 6A3 (905) 668-7721.
(b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario LIH 3T3 (905) 579-0411.
(c) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor
Scarborough ON, M1P 5A1
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Attachment 2 to
Municipality of Clarington Report PSD-018-17
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Corporation of the Municipality of Clarington
By-law Number 2017-______
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2016-0025 & ZBA 2016-0026 (S-C-2016-0025/S-C -2016-0026);
Now Therefore Be It Resolved That, 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 designation from:
"Agricultural Exception (A-1) Zone" to "Holding - Urban Residential Exception (R2-
54) Zone";
"Agricultural Exception (A-1) Zone" to "Holding - Urban Residential Exception (R2-
55) Zone”; and
"Agricultural Exception (A-1) Zone" to "Holding - Urban Residential Exception (R3-
31) Zone"
as illustrated on the attached Schedule ‘A’ hereto
2. Schedule ‘A’ attached hereto shall form part of this By-law.
3. By-Law passed in open session this _____ day of ____________, 2017.
____________________________
Adrian Foster, Mayor
____________________________
C. Anne Greentree, Municipal Clerk
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