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HomeMy WebLinkAboutPSD-005-18Clarington Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: January 8, 2018 Report Number: PSD -005-18 File Number: S -C-2017-0001, COPA 2017-0001 and ZBA2017-0001 #PD -010-18, #PD -024-18 & Resolution: #C-007-18 By-law Number: Report Subject: Applications for Draft Plan of Subdivision and Rezoning by Lindvest Properties (Clarington) Limited to develop a former school block as a 51 lot subdivision in Newcastle Recommendations: That Report PSD -005-18 be received; 2. Official Plan Amendment COPA 2017-0001 is no longer necessary and the file be closed; 3. That the Director of Planning and the Director of Engineering Services be authorized to amend the Foster North East Neighbourhood Design Plan as contained in Attachment 1 to Report PSD -005-18; 4. That the application for a Draft Plan of Subdivision S -C-2017-0001 submitted by Lindvest Properties (Clarington) Limited, to permit the development of 51 residential units, be supported subject to the conditions generally as contained in Attachment 2 to Report PSD -005-18; 5. That the application to amend the Zoning By -Law by Lindvest Properties (Clarington) Limited be approved and that the By-law in Attachment 3 to Report PSD -005-18 be passed; 6. That once all conditions contained in the Official Plan and Zoning By-law 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; 7. That the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of report PSD -005-18 and Council's decision; and Municipality of Clarington Report PSD -005-18 Page 2 8. That all interested parties listed in Report PSD -005-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -005-18 Page 3 Report Overview This report recommends approval of a proposed Draft Plan of Subdivision and Zoning By- law Amendment applications submitted by Lindvest Properties (Clarington) Limited. The applications would permit a 51 lot subdivision in the Foster Neighbourhood in Newcastle. The application was triggered as a result of the Kawartha Pine Ridge District School Board decision to waive their option for a school block. The application for an Official Plan Amendment is no longer required as the public school symbol on the subject lands was removed by Clarington Official Plan Amendment 107. 1. Application Details 1.1 Owner/Applicant: Lindvest Properties (Clarington) Limited 1.2 Proposal: To develop a vacant block previously designated and draft approved for an elementary school together with 13 previously draft approved single detached dwelling lots for a subdivision containing a total of 51 single detached dwelling lots in the Foster Neighbourhood. 1.3 Area: 1.4 Location: 1.5 Roll Number: 1.6 Within Built Boundary: 2. Background 3.05 hectares 90 Grady Drive, Newcastle 181703013016562 No 2.1 On February 29, 2016, the Kawartha Pine Ridge District School Board notified Lindvest and the Municipality of its decision to waive their option to retain the subject site for the development of a public elementary school. 2.2 On January 5, 2017, Lindvest Properties (Clarington) Limited submitted applications for a Draft Plan of Subdivision, Clarington Official Plan Amendment and Zoning By-law Amendment to develop the former public elementary school block together with 13 previously draft approved lots as a 50 lot single detached dwelling subdivision (see Figure 1). The 13 previously draft approved lots front on the south side of the future extension to Whitehand Drive, abutting the north side of the former school block. 2.3 A statutory public meeting was held on February 21, 2017. Comments received from the public included concerns over the loss of the future school and questions regarding surrounding developments. This is discussed more in Section 8 of this report. Municipality of Clarington Resort PSD -005-18 N jI Future 1 I Development J 1 Paae 4 Whitehand Drive Future Walkway Area 17 Subject Site G. - /rady Drive / z' �­ 7 cn _ U U) O N IAWO L 0. �. Figure 1: Original Draft Plan of Subdivision Proposal 17 2.4 Since the public meeting, and in response to concerns from staff, the applicant has revised the draft plan of subdivision; adding an additional lot and reworking the street layout (see Figure 2). The draft plan now includes a crescent road that will connect with the future extension of Whitehead Drive at two intersections and eliminates the previously proposed cul-de-sac and a road connection to Grady Drive. The proposal consists of 35 lots with a minimum frontage of 12 metres and 16 lots with a minimum frontage of 15 metres. I I I i 28 - _ __1 29 j 1 I I 1 _ _ _ _ 44 1 45 1 46 I 47 I 48 I 49 1 50 27 1 I 30 I I 26 ---� I 31 1 I----� 43 ' 25_�I 1 32 r -----i t - - 42 24 1 33 I I------� — --1 23 I r-34 —� 41 ` - 22 I 1 ----i 21 1 35 1 36 1 37 i 35 i 39 1 40 1 fI 1 1 20 `e - 19-- I \ / 1 T / 18 17 1 16 1 15 I 14 1 1 13 1 12 1 11 � � I —1 — r— r 1 12 I 3 i 4 I 5 I 6 I 7 i i 6 i 9 i 10 , • -. 1 Paae 4 Whitehand Drive Future Walkway Area 17 Subject Site G. - /rady Drive / z' �­ 7 cn _ U U) O N IAWO L 0. �. Figure 1: Original Draft Plan of Subdivision Proposal 17 2.4 Since the public meeting, and in response to concerns from staff, the applicant has revised the draft plan of subdivision; adding an additional lot and reworking the street layout (see Figure 2). The draft plan now includes a crescent road that will connect with the future extension of Whitehead Drive at two intersections and eliminates the previously proposed cul-de-sac and a road connection to Grady Drive. The proposal consists of 35 lots with a minimum frontage of 12 metres and 16 lots with a minimum frontage of 15 metres. Municipality of Clarington Report PSD -005-18 Page 5 K Future f I (Development I '., Whitehind Drive 36 31 47 49 49 50 L. 29 32 46 28 33 4, Y U 27 34 O m ' � Future 26 35 44 Walkway Area 25 36 43 24 23 37 38 39 40 41 42 Rickard I , Neighbourhood 22 P rk 21s 20 Subject Site 19 18 17 16 15 l4 19 12 _ 1 2 3 4 5 6 7 3 9 10 11 I.. �► Grady Drive . �.CO uA N µ o �. s 10 m ze o1�-ooal S 0 2017 0001 ! GOPA2017-000`1 Figure 2: Revised Draft Plan of Subdivision Proposal 2.5 The applicant submitted the following studies in support of the applications which are reviewed in Section 7 of this report: x Planning Justification Report x Urban Design Brief x Functional Servicing Report Municipality of Clarington Resort PSD -005-18 Paae 6 3. Land Characteristics and Surrounding Uses The subject lands are currently vacant and have been used to stockpile excess soils on a temporary basis. The lands were previously used for agriculture. The surrounding uses are as follows: North — Draft approved plan of subdivision, South — Existing single detached dwellings East — Rickard Neighbourhood Park West — Draft approved plan of subdivision, 4. Provincial Policy 4.1 Provincial Policy Statement future detached dwellings future detached dwellings The Provincial Policy Statement identifies settlement areas as the focus of growth. Planning authorities are encouraged 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. Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. The subject applications are consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan The lands are located in a Designated Greenfield Area within a settlement area. In the Region of Durham the Growth Plan establishes the target of 50 jobs and residents combined per net hectare in the Designated Greenfield Area. This target is measured across the Region of Durham. The Growth Plan encourages the creation of complete communities that are compact, transit -supportive and offer a range and mix of housing types, high quality public open space and easy access to local stores and services. The subject applications are consistent with the Provincial Growth Plan. 5. Official Plans 5.1 Durham Region Official Plan The Durham Region Official Plan designates the lands as Living Areas. Lands designated Living Area permit the development of communities incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The proposed development conforms with the Durham Region Official Plan. Municipality of Clarington Resort PSD -005-18 5.2 Clarington Official Plan Paae 7 The Clarington Official Plan designates the lands as Urban Residential. The subject lands are within the Foster Neighbourhood. The Urban Residential designation shall predominantly be used for housing purposes, providing for a variety of densities, tenure and types. Neighbourhoods are to be walkable, compact, connected and create a high quality public realm. The proposed development will integrate into the surrounding community and be consistent with the neighbourhood identity that surrounds it. The proposal conforms to the Clarington Official Plan. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands Urban Residential Exception (R1-42), Holding - Urban Residential Exception ((H)R1-67) and Holding - Urban Residential Exception ((H)R2-45). The former school site is zoned R1-42 which permits only a public school. The 13 lots that were draft approved and front onto the future extension of Whitehead Drive were zoned (H)R1-67 and (H)R2-45 when subdivision 18T-89059 was draft approved. The proposed Zoning By-law Amendment (Attachment 3) will allow for the development of 51 single detached dwelling units. The lands will have a similar zoning as surrounding developments, to the south and east, and will be in keeping with surrounding development in the neighbourhood. 7. Summary of Background Reports 7.1 Planning Justification Report, D. G. Biddle & Associates, December 2016, updated October 2017 A Planning Justification Report was submitted in support of the applications. The report identifies the Official Plan policies and how the proposal meets the policies of the urban residential designation. The report outlines why an Official Plan Amendment is no longer required after the Region of Durham approved Clarington Official Plan Amendment 107. The report also concludes that the proposed development is compatible with the surrounding community. 7.2 Functional Servicing Report, D. G. Biddle & Associates, December 2016, updated October 2017 A Functional Servicing Report was submitted in support of the applications. The brief provides the details of how the proposed subdivision can be serviced (water, sanitary and storm) from existing and new infrastructure. The report identifies that lots fronting onto future Street A where the grade of the road is higher than 105.0 metre contour (lots 28-33 and 45-51) will need to be put on hold due to lack of water pressure. The holding symbol on the zoning of the lots can be lifted when Municipality of Clarington Resort PSD -005-18 Paae 8 the Region of Durham has installed a supplementary reservoir to boost water pressure to the area. 7.3 Urban Design Brief, D. G. Biddle & Associates, December 2016, updated October 2017 An Urban Design Brief was submitted in support of the applications. The brief provides an architectural context and design goals while outlining the rationale for the proposed development in terms of the compatibility of built form, massing, density and lot fabric within the greater neighbourhood. 8. Public Submissions A public meeting was held on February 21, 2017. Staff was contacted by one resident prior to the public meeting and four area residents spoke at the public meeting. The main concern raised by area residents was the loss of the future elementary school. Many residents are of the opinion that a new school is warranted and should be located in this neighbourhood. Some residents also inquired about adjacent developments and the timing of projects within the Foster North Neighbourhood. Staff have followed up with residents via e-mail and phone to respond to area residents questions regarding surrounding developments and the school board's responsibilities for future school construction. 9. Agency Comments 9.1 Durham Region Planning Durham Region Planning Department has no concerns or objections to the approval of the draft plan of subdivision, subject to conditions, or the rezoning applications. The Region stated that the proposed subdivision complies with Provincial and Regional Planning Policy. 9.2 Durham Region Works Durham Region Works Department has no objections to the approval of the draft plan of subdivision, subject to conditions. The Works Department has identified that there is constraints to providing water service to specific lots within the proposed subdivision with existing infrastructure. As the Functional Services Report identified there is a water pressure issue in this area and the existing infrastructure will not be able to provide water to lots that are above 105.0 metre elevation. In addition to the lots 28-33 and 45-51 were identified in the Functional Servicing Report, the Region has identified that lot 44 will also need to be placed on hold. The lots will be removed from hold once a water pumping station has been constructed to address the existing water pressure constraints. Durham Region anticipates issuing a request for proposals for that work. There is no identified timeline for the completion of that project. Municipality of Clarington Resort PSD -005-18 9.3 Ganaraska Region Conservation Authority Paae 9 Ganaraska Conservation Authority has no concerns or objections to the approval of the draft plan of subdivision. Ganaraska is satisfied that the stormwater management proposed in the subdivision meets the intent of the approved stormwater pond. 9.4 Kawartha Pine Ridge District School Board The Kawartha Pine Ridge District School Board was circulated on the application and provided no comments. 10. Departmental Comments 10.1 Engineering Services has no objections to the draft approval subject to conditions which will be addressed through the subdivision agreement. Among the works the applicant will be required to undertake include the following: x Remove the existing median in Grady Drive and repair the road to an acceptable condition; x Replace or erect fencing around the lots abutting the park and the park to the east; and x Provide a new pathway from the future sidewalks to the existing pathway in the park. Engineering Services also required that lots 19 to 22 be widened to provide for adequate room to accommodate driveway aprons. The future side walk will be adjacent to these lots and there is concern over driveway entrances being located to close together. 11. Discussion 11.1 During the review process staff, together with the applicant reviewed ways to eliminate the need for a cul-de-sac. The revised plan eliminates deficient spacing between intersections, provides good vehicle access through the development and provides pedestrian connections to Rickard Park. The elimination of the cul-de-sac will also allow for an additional lot, making more efficient use of infrastructure. 11.2 The Region of Durham approved Clarington Official Plan Amendment 107 on June 19, 2017. Included in that amendment was the removal of school symbols from Official Plan maps. The removal of the school blocks made the applicants application to amend the Official Plan, COPA2017-0001, redundant and the application is no longer required to facilitate the subdivision application. The Foster North East Neighbourhood Design Plan is also proposed to be amended to reflect the elimination of the school block and introduction of lots and a crescent shaped road as shown in Attachment 1. Municipality of Clarington Resort PSD -005-18 Paae 10 11.3 Comments received from the public focused on the loss of a future school in the neighbourhood and concerns existing schools were at capacity. The Municipality designates school sites in coordination with the school boards through a Secondary Plan. At the time of development, the school boards independently determine whether to proceed with a site based on school enrollment and the provincial funding formula. Our understanding is that an elementary school may be considered on other lands in the Foster Neighbourhood. 11.4 Currently any future lots over the 105 metre elevation, Lots 28-33 and 44-51, will not be able to be built on due to water pressure constraints. A conditional draft approval dealing with servicing capacity applies equally to other draft approved lands in the Lindvest Subdivision. Durham Region will be undertaking infrastructure improvements in Newcastle that will result in an increase to water pressure to this area. 11.5 The new proposed zoning is similar areas of existing lots developed to the south of the subject lands and future developments to the north, east and west. The zoning will permit single detached dwellings with similar setbacks and development provisions. 12. Concurrence Not Applicable. 13. Conclusion In light of the Kawartha Pine Ridge School Board no longer requiring the school block, the applicant has prepared a plan of subdivision proposing 51 lots for single detached dwellings. The subdivision design has been refined through the planning process to remove the cul-de-sac and providing a crescent street design. The subdivision lots will be similar to the surrounding area and subject to the same Community Theme Plan. The refined plan of subdivision provides improved access to the Rickard Neighbourhood Park from the west. It is respectfully recommended that that the applications for a Neighbourhood Design Plan Amendment, a Draft Plan of Subdivision and Rezoning be approved. 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Municipality of Clarington Resort PSD -005-18 Submitted by: David Crome, Director of Planning Services Paae 11 Reviewed by: z4w;�d� Andrew C. Allison, B.Comm, LL.B CAO Staff Contact: Brandon Weiler, Planner, (905) 623-3379 ex. 2424 or bweiler@clarington.net Attachments: Attachment 1 - Foster Creek North Neighbourhood Design Plan. Attachment 2 - Proposed Conditions of Draft Approval. Attachment 3 - Proposed Zoning By-law Amendment List of interested parties to be notified of Council's decision is on file in the Planning Services Department. :\^Department\LDO NEW FILING SYSTEM\Application Files\SC-Subdivision\S-C-2017\S-C-2017-0001 Lindvest\Staff Report\PSD-005-18 Draft Recommendation Report.docx Attachment 1 to Report RSD -005- 8 5µi T O. W N O F C L A R I N G T O N N 13 SUBJECT 3 PROPERTY 4 f= Revised Lotting Pattern _ IT �o ++++ ; n II • • wMrmwNn aenE • . . .. zh + + . .+++++++++. ++ + f + + + + ! VILLAGE OF NEWCASTLE + + + + + + + + § + �r. -11 i. KEY PLAN fJtTaE + + + +� + . + + NOT TO SCALE + © BUCKLES LOURT + ti. _. _., + + + + + + _._._ I -. __ J + + + + + __ LEGEND _ + + o++ + + -- + + + + + _--7 EXISTING RESIDENTIAL AREAS a . . . + + + .. .... o++++ ++ ++++ + + _____________________� 9 ` J IIIIIIIII, I MIXED USE COMMERCIAL � GRADY ORNE I T T1 --f -T-i + + I Ali ® MID -RISE RESIDENTIAL + KK + + + + + +. MEDIUM DENSITY RESIDENTIAL --_r-- - � •GGMME AVENUE � • � � w Revised From + - --i LOW DENSITY RESIDENTIALSCHOOL SITE --1 10.Om SINGLE DETACHED UNIT INSTITUTIONAL Elementary School + � 12.Om SINGLE DETACHED UNIT P PARK - + + + + -- OPEN SPACE y 14 13.Om SINGLE DETACHED UNIT �__ �J + . ... . + + w + r--1 ®STORMWATER MANAGEMENT FACILITY Ji A + + + + J -11 - --� = 15.Om SINGLE DETACHED UNIT : : L--- •FLOOD AVNUE + + + _i_ APPROVED + + APPROVED FOR THE PURPOSE OF MAKING AN APPLICATION FOR A + L PLAN OF SUBDIVISION UNDER SECTION 51 OF THE PLANNING ACT 1 DIRECTOR OF PLANNING SERVICES DEPARTMENT !I j _ •-.J.--J i. DIRECTOR OF ENGINEERING SERVICES DEPARTMENT l i , FOSTER NORTH NEIGHBOURHOOD PLAN 1.—.—.—.�-.�.—.� — I I ! I I I . - _._ + I SCPLE 1.4DDD F_ � I i uMnwM e e LAND USE PLAN DSIGM MJF, lNE KINCS FNCHWAY No.P --- CFECKED M.J.F. MTE m -,1_"._T.L1JT. T.1L__:. rT TAd,, 9 co��suoltsnsg Ex ?9os;�nse"rs PROJECT eSAssociates Limited 16 ng es ad PlanDWG L-rT, F FIG 7 CONDITIONS OF DRAFT APPROVAL File Number: S -C-2017-0001 Issued for Review: Notice of Decision: Draft Approved: David J. Crome, MCIP, RPP Director of Planning Services Municipality of Clarington Part 1 -]Plan Identification $\/WDFRHO/WR 5HSRUW36' The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S -C-2017-0001 prepared by D.G. Biddle & Associates identified as job number 116037, dated October 5, 2017 which illustrates a total of 51 residential dwelling units, including 32 single detached dwelling lots with a minimum lot frontage of 12 metres, 19 single detached dwelling lots with a minimum lot frontage of 15 metres, 2 blocks and a new road (Street A). The redline revisions are: Widen Block 52 1.5 metres to 9 metres in width and reduce the width of the 13m lots, maintaining a minimum of 12m frontages, eliminating the easement shown on lots 11 and 12. Part 2 -]General 2.1 The Owner shall enter into a subdivision agreement with the Corporation of the 0 LFLSDM/ RI �&QW1-J\ TIAH❑0 F-LFLS WHVdLP VrD❑G❑ conditions of the 0-iARSD3VVVD-GXGW ECiYMPLUUH-P H_VNHv FF\UJ W -I❑ 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 RIVM-0 ❑ LRSDWV/\ANndard subdivision agreement can be found at https://www.clarington.net/en/do-business/resources/application-forms/subdivision- agreement.pdf 2.2 The Owner shall name all road allowances included in the draft plan to the satisfaction of the Municipality of Clarington and the Regional Municipality of ❑ ❑UDP AWL5 HJ LR❑❑L Page 11 2.3 All works and services must be designed and constructed in accordance with the 0 LFLSDWV11I1 H\A J ❑C❑ K1iU+VD❑C16 \UIMIGID lID❑ L❑J V-1 2.4 All driveway apron locations must be approved by the Director of Engineering. Architectural Control 2.4 (1) 7 ❑JiE2 ❑ dHUVLDa1EH ❑❑❑ AflvSRA1E0ff1A LH W L& R_UO_ LIF 9 FW to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. (2) No residential units shall be offered for sale to the public on the draft plan until such time as architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning Services. (3) 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, road damage and dust control in accordance with the Dust Management Plan Page 12 in Section 4.7. After registration of a subdivision agreement, the provisions of the 0 LFLSD®XVVVDG11M-1- J LFF-P Hd NEDUDSSmARFDI IISLRSR /I-GMWI1 alteration on the lands covered by the subdivision agreement. Part 3 -1 Final Plan Requirements 3.1 The following road allowances shown on the draft plan shall be dedicated to the Municipality upon registration of the final plan: (a) Street A 3.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: (b) Open Space Lands as shown in Block 53 on the draft plan. (c) Servicing Corridor shown as Block 52 on the draft plan for the purpose of providing services to lots fronting onto Street A. 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: Functional Servicing (1) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Engineering Services and Ganaraska Region Conservation Authority. Environmental Sustainability Plan (2) The Owner shall submit an update of the Environmental Sustainability Plan based on the preliminary Environmental Sustainability Plan entitled Energy Conservation and Sustainability Plan, prepared by Lindvest Properties (Clarington) Limited, dated October 4, 2017, 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 (3) 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 Page 13 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. Dust Management Plan (4) Prior to Authorization to Commence Works, the Owner is required to prepare a Dust Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide a practical guide for controlling airborne dust which could impact neighbouring properties. The plan must: (a) identify the likely sources of dust emissions; (b) identify conditions or activities which may result in dust emissions; (c) include preventative and control measures which will be implemented to minimize the likelihood of high dust emissions; (d) include a schedule for implementing the plan, including training of on-site personnel; (e) include inspection procedures and monitoring initiatives to ensure effective implementation of preventative and control measures; and (f) include a list of all comments received from the Municipality, if any, and a description of how each comment was addressed. Part 5 []Special Terms and Conditions to be Included in the Subdivision Agreement 5.1 Road Improvements The applicant will be responsible for 100% of the cost, financial and otherwise, for the cost of removing the centre median on Grady Drive as well as the restoration of the road. Any final decision regarding the extent of the works required will be made solely at the discretion of the Director of Engineering Services. 5.2 Community Theme Plan The Owner shall DG-LH_WVH_E) RV1MJ& U -K1 RLW[& RP P [IAW7 E -P HI13®❑EII approved by the Director of Planning services and Director of Engineering Services. The plan includes design concepts for a community theme including gateway treatments, landscape treatments, lighting fixtures, fencing details and related design issues for the overall design, location and configuration of trails and open space buffers. All Engineering Drawings shall conform with the approved Community Theme Plan. Part 6 -]Agency Conditions 6.1 Region of Durham Page 14 (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 grant to the Region any easements required for provision of Regional services for this development and these easements shall be in the location and of such widths as determined by the Region. (4) 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. 6.2 Conservation Authority (1) Prior to any on-site grading or construction of final registration of the Plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Ganaraska Region Conservation Authority for reports describing the following: (a) The intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. [The stormwater management facilities must be designed and implemented in accordance with the recommendations of the Master Plan]; (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. (2) The Owner shall satisfy all financial requirements of the Ganaraska Region Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. Page 15 6.3 Canadian Pacific Railway (1) The Owner shall insert a clause in all Offers of Purchase and Sale or Lease and in the title deed or lease of each dwelling within 300 m of the railway right-of-way warning prospective purchasers or tenants of the existence of WH_5 D[D D VF6HLDWJ CLW E\Abf-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations. 6.4 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 Page 16 ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). 6.5 Utilities (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 WH -O ARSDWVVD❑MGIVLEGMMR❑[IDU LFFP HLV)lL-IJ U FP H_1V0 R 13 LIF -MLD G 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: 7.4 Railway Noise, Vibrations and Fencing (1) The Owner shall include the following warning clause in agreements of purchase and sale for Lots 1-51: -The Owner shall insert a clause in all Offers of Purchase and Sale or Lease and in the title deed or lease of each dwelling within 300 m of the railway right-of-way, warning prospective purchasers RLWI]DE O R MHIIJ LANEFHR MiL5 DOD, VIRSRDZtJ ILU d1Abf-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for Page 17 complaints or claims arising from the use of its facilities and/or operations. ❑ 7.5 Nearby Park The Owner shall include the following warning clause in agreements of purchase and sale for Lots 1-51: -Park - The adjacent Block 160 in Plan 40M-2445 is designated for parkland uses including community events and recreation facilities which, when developed, may contain active lighted facilities for night- time services. 7.6 Nearby Public Walkway The Owner shall include the following warning clause in agreements of purchase and sale for Lot 51: -Public Walkway []This lot abuts Block 160 in Plan 40M-2445 which has been designated for use as a public walkway which, when developed, may contain active lighted facilities for night-time services.L 7.7 Chain Link Fencing The Owner shall include the following notice in the agreements of purchase and sale for Lots 11, 12, and 48-52: -Chain Link Fencing Chain link fencing is a required feature between this lot and the adjacent park and/or walkway. This fencing must be located on the public portion of the abutting land and will be maintained by the Municipality after the developer has been released from any further responsibility for the fence. 7.8 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 Planning Services shall be advised in writing by, (a) Durham Region how Conditions 6.1 (1) to (4) have been satisfied; (b) Ganaraska Region Conservation Authority how Conditions 6.2 (1) and (2) have been satisfied; and Page 18 (c) Canada Post how Conditions 6.4 (1) have been satisfied; Part 9 -1 Notes to Draft Approval 9.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the MunLFLSDUYVC D CDLGVC:EGLYWR-II-DtJLlH P H -W 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 five (5) 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 L1 N 6A3 (905) 668-7721. (b) Ganaraska Region Conservation Authority, Box 328, Port Hope, Ontario LIA 3W4 (905) 885-8173. (c) Veridian Connections, c/o Peter Petriw, P. Eng., Manager, Engineering and Construction, 55 Taunton Road East, Ajax, Ontario L1T 3V3. (d) Enbridge Gas Distribution, Sales Development Co-ordinator, 1350 Thornton Road South, Oshawa, Ontario L1 J 8C4. (e) Bell Canada, c/o John La Chapelle, Planner, Right of Way Control Centre, 100 Borough Drive, Floor 5 Blue, Scarborough, Ontario M 1 P 4W2. (f) Rogers Cable Inc., c/o Cindy Ward, 301 Marwood Drive, Oshawa, Ontario L1H 1J4. (g) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1 P 5A1 I:\^Department\LDO NEW FILING SYSTEM\PROCEDURAL MANUALS\Subdivision - 2012 Complete -updated June 2016\S -C 14 - Conditions of Draft Approval.docx Page 19 Municipality of Clarington Attachment 3 to Report PSD -005-18 Corporation of the Municipality of Clarington By-law Number 2018 - 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 ZBA2017-0001; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule `5' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding — Urban Residential Exception ((H)R1-67) Zone" to "Holding — Urban Residential Exception ((H)R2-45) Zone", from "Urban Residential Exception (R1-42) Zone" to "Holding — Urban Residential Exception ((H)R2-45) Zone", and from "Urban Residential Exception (R142) Zone" to "Holding — Urban Residential Type One (R1) Zone" as illustrated on the attached Schedule `A' hereto. 2. Schedule `A' attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this day of , 2018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. Whitehand Drive 17 30 31 47 48 49 50 51 29 32 46 28 33 45 Y O 27 34 m 44 26 35 25 36 43 24 23 37 38 39 40 41 42 22 Street A 21 20 19 18 17 16 15 14 13 12 Y O �z K 1 2 3 4 5 6 7 8 9 10 11 m Grady Drive U Q) O N O o a Zoning Change From "(H)R1-67" To "(H)R2-45" Zoning Change From "(R1-42)" To "(H)R2-45" N Zoning Change From "(R1-42)" To "R1" Zoning To Remain "(HR2-45)" Adrian Foster, Mayor Newcastle • ZBA 2017-0001 • Schedule 5 C. Anne Greentree, Municipal Clerk