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HomeMy WebLinkAboutPSD-042-18Clarftwn 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: May 14, 2018 Report Number: PSD -042-18 Resolution: PD -102-18 File Number: S -C-2017-0008, C -C-2017-0001 and ZBA2017-0027 By-law Number: 2018-052 Report Subject: Applications by 2510267 Ontario Ltd. for a Zoning By-law Amendment and Draft Plan of Subdivision for a 25 unit development on the south-east corner of Liberty Street North and Longworth Avenue, Bowmanville Recommendations: That Report PSD -042-18 be received; 2. That the application for Draft Plan of Subdivision S -C-2017-0008 submitted by 2510267 Ontario Ltd., to permit the development of 25 residential units, be supported subject to the conditions generally as contained in Attachment 1 to Report PSD -042-18; 3. That the application to amend Zoning By-law by 2510267 Ontario Ltd. be approved and that the By-law in Attachment 2 to Report PSD -042-18 be passed; 4. That the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of report PSD -042-18 and Council's decision; and 5. That all interested parties listed in Report PSD -042-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -042-18 Page 2 Report Overview This report recommends approval of Draft Plan of Subdivision and Zoning By-law Amendment applications submitted by 2510267 Ontario Ltd. The applications would permit a 25 unit subdivision at the southwest corner of Liberty Street North and Longworth Avenue in Bowmanville. The subdivision would include 5 single detached dwellings fronting onto Couvier Crescent and a 20 unit dual frontage townhouse common elements condominium with a private lane at the south-east corner of Liberty Street North and Longworth Avenue. 1. Application Details 1.1 Owner/Applicant: 2510267 Ontario Ltd. 1.2 Agent: Michael Smith, Michael Smith Planning Consultants 1.3 Proposal: Proposed Draft Plan of Subdivision To create five single detached dwellings fronting onto Couvier Crescent and twenty townhouse dwellings fronting onto Liberty Street North and Longworth Avenue with private laneway access from Longworth Avenue. Rezoning To rezone the lands from the "Agricultural (A) Zone", "Urban Residential Type One (R1) Zone", and "Urban Residential Exception (R2-15) Zone" to appropriate zones that permit the proposed residential development. 1.4 Area: 0.82 hectares (2 acres) 1.5 Location: Southeast corner of Liberty Street North and Longworth Avenue. 1.6 Roll Numbers: 181702006007600 181702006020006 181702006020004 181702006020008 1.7 Within Built Boundary: 273 Liberty Street is within the built boundary. Blocks 197, 198 and 199 of Plan 40M2332 are not within the built boundary. Municipality of Clarington Report PSD -042-18 Page 3 2. Background 2.1 On September 6, 2017 the applicant submitted applications for Draft Plan of Subdivision, Darft Plan of Condominium and a Zoning By-law Amendment. .fir IV , •�. � 04 ' Lw i .�.� r w sf LONGwOATH � -, AVENUE Black Blvck 797 798 y_ ,i 273 Liberty, LU 5freetrNorth N ~Block 999 CC2017 Figure 1: Subject Lands 2.2 The existing subdivision surrounding the subject lands was approved in 2005. Blocks 197, 198 and 199 (see Figure 1) were created at the time the subdivision was approved. At that time 273 Liberty Street was not owned by the applicants of the subdivision and was identified as having future development potential together with the three above mentioned blocks. Originally development was envisioned to include single detached dwellings fronting onto Longworth Avenue and Courvier Crescent. Services were installed for four future dwelling lots on Courvier Crescent and seven future lots on Municipality of Clarington Report PSD -042-18 Page 4 Longworth Avenue when the subdivision was constructed. There was no plan for redevelpment of the portion of the lands fronting onto Liberty Street North. 2.3 A statutory public meeting was held on December 4, 2017. Comments received from the public are discussed in Section 8 of this report. 2.4 After the public meeting the applicant submitted a revised proposal that maintains the same number of units but addresses a number of concerns identified by internal departments, external agencies and the public. Figure 2: Revised Development Concept 2.5 The revised concept directs all stormwater from the townhouse condominium to existing stormwater infrastructure on Longworth Avenue. A retaining wall and holding tank along the south limits of the private lane, will allow the grading to direct existing stormwater flows away from Courvier Crescent towards Longworth Avenue. The stormwater from the single detached dwellings would continue to be directed to Courvier Crescent. The revised concept also increases the area between the private lane entrance and the existing dwelling to the east at 447 Longworth Avenue. veno-,. LONGWORTH AVENUE COURVIER CRESCENT � 1 0 EXISTING RESIDENTIAL — I I I j Municipality of Clarington Reoort PSD -042-18 Paae 5 2.6 In addition to the draft plan of subdivision and rezoning applications the applicants have submitted a draft plan of condominium application and will be required to submit a site plan application for the townhouse development. The site plan application will identify the final details of the landscaping requirements, lighting, fencing and architectural design of the townhouse condominium. 2.7 The applicant has submitted the following studies in support of the applications which are reviewed in Section 7 of this report: • Noise Report • Functional Servicing and Stormwater Management Report 3. Land Characteristics and Surround Land Uses 3.1 The subject lands consist of four parcels, three blocks in Plan 40M2332 and 273 Liberty Street North. At 273 Liberty Street North there is an existing one storey single detached dwelling and small accessory buildings. There is a former new home sales centre building located on the blocks fronting onto Longworth Avenue. The block fronting onto Courvier Crescent is currently vacant. All buildings would be demolished to accommodate the proposed development. 4� Storey Apartment Under Construction p m z�, - IL L Asn ' PNZAZZ W r Subject Lands LOMWORTH AVENUE Proposed Townhouses g Existing f Townhouse �. Block _ Proposed Townhouses r Proposed Single Detached _ L 7BA1217-0027 - R scza0i7-coos, f cc2017-00o1 Figure 3: Surrounding Land Uses Municipality of Clarington Resort PSD -042-18 Paae 6 3.2 The existing grade of the subject lands is highest along the west and north sides of the property, adjacent to Longworth Avenue and Liberty Street North, and slopes down to the south-east adjacent to Courvier Crescent. Many of the existing dwellings on Longworth have elevated decks as the previous subdivision was developed using similar grades. The surrounding uses are as follows: North - Single Detached Dwellings South - Single Detached Dwellings East - Single Detached Dwellings West - Townhouse Dwellings on the south-east corner and a Commercial Plaza on the north-west corner 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement encourages planning authorities to create healthy, livable and safe communities by accommodating an appropriate range and mix of housing types and development patterns. Planning authorities are encouraged to promote opportunities for intensification and redevelopment in a compact form where it can be accommodated taking into account the availability of suitable existing infrastructure. 4.2 The proposal conforms to the Provincial Policy Statement. Growth Plan 4.3 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 including offering a mix of housing options. 4.4 The lands are partially within the built-up area and will contribute to the Municipality's target of achieving a minimum of 32% of new residential units annually within the built-up area. 4.5 The proposal conforms to the Provincial Growth Plan. 5. Official Plans Durham Region Official Plan 5.1 The Durham Regional Official Plan designates the lands as Living Areas. Living Areas 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 Regional Official Plan requires that local corridors, which Liberty Street North is identified as, shall be planned and developed for a mix of uses and densities that support transit. Municipality of Clarington Resort PSD -042-18 Paae 7 5.2 The proposed development conforms with the Living Area designation and the Regional Official Plan. Clarington Official Plan 5.3 The subject lands are designated Urban Residential. The Urban Residential designation is predominately intended for housing purposes. A variety of densities, tenure and housing types are encouraged in the Urban Residential designation. 5.4 Liberty Street North is a Regional Type B Arterial Road and is identified as a Local Corridor in the Official Plan. Longworth Avenue is a local Type C Arterial road. A neighbourhood Centre is designated on the north-west corner of Liberty Street and Longworth Avenue. Local corridors have a minimum density target of 40 units per hectare while internal neighbourhoods have a minimum density of 13 units per hectare. The proposed townhouse development will have a density of approximately 53 units per hectare and the single detached dwellings have a density of approximately 19 units per hectare. 5.5 The intersection of Longworth Avenue and Liberty Street North is identified as being a prominent intersection. At prominent intersections buildings shall be designed to provide a community focal point by having appropriate massing, high quality building materials, building articulation on both street frontages and architectural elements specific to a corner design. 5.6 The proposed development conforms to the Clarington Official Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A) Zone", "Urban Residential Type One (R1) Zone", and "Urban Residential Exception (R2-15) Zone". Blocks 197, 198 and 199 of Plan 40M2332, as shown on Figure 1, were zoned R2-15 with the rest of the subdivision to the east and south. The R2-15 zone only permits single detached dwellings. 273 Liberty Street North was not part of that subdivision application and is zoned R1 and A. The lands at 273 Liberty Street will form part of the condominium lands and the single detached dwelling lands. 6.2 A Zoning By-law Amendment is required to permit the proposed condominium townhouse units and to zone the lands that will form the proposed single detached dwellings on Couvier Crescent. 7. Summary of Background Reports Functional Servicing and Stormwater Management Report, updated February 2018 7.1 A Functional Servicing and Stormwater Management Report was submitted in support of the applications. The report provides the details of how the proposed subdivision can be serviced (water, sanitary and storm) from existing and new infrastructure. Municipality of Clarington Report PSD -042-18 Page 8 7.2 The townhouse condominium has been designed to direct stormwater, with the use of holding tanks and retaining wall, to the existing infrastructure on Longworth Avenue. The development will be serviced for water and sanitary by the existing infrastructure on Longworth Avenue, Liberty Street North and Courvier Crescent. Noise Report 7.3 A Noise Report was submitted in support of the applications. The study indicated that the townhouse units will be required to have central air conditioning and that the single detached dwellings will be required to accommodate central air conditioning. Appropriate conditions have been included in the conditions of draft approval. 8. Public Submissions 8.1 A statutory public meeting was held on December 4, 2017. The concerns raised during the meeting included the following: x Townhouses were not in keeping with the existing development along Longworth Avenue. The resident who spoke would prefer single detached which is what they were told would be developed when they purchased their home; x Noise and lighting concern from vehicles accessing the townhouses and the location of the private lane entrance onto Longworth Avenue; x Loss of property value with the introduction of townhouses in the neighbourhood; x Drainage and snow storage concerns given the existing grades of the subject lands; x Appearance and location of the lots on Courvier Drive, ensuring they are consistent with existing homes and are appropriately sited next to existing homes. 8.2 Since the public meeting staff have received correspondence from members of the public who spoke at the meeting reconfirming their concerns identified above. 8.3 The applicant has indicated to staff that they have been in contact with all members of the public who spoke at the public meeting to try and resolve the concerns raised at the meeting. One of the changes the applicant has proposed since the public meeting is to increase the landscaped area between the private laneway and the existing dwelling to the east. The applicant is proposing approximately a 6.5m (21ft.) landscaped area between the private lane and the property line to the east (See Figure 4). The proposed location of the private lane will have similar setbacks as a corner lot at the intersection of two public streets. Detailed landscape plans for this area will be required for approval through the site plan process. This will be reviewed to address visual and light trespass screening. Municipality of Clarington Report PSD -042-18 Page 9 SOFT LANDSCAPE. FF.ATURFS THAT o INCLUDE TREES, SHRUBS AND PLANTS AS WELL AS FENCING WILL BB PLACED ALONG THE PROPERTY ON THE CONDO SIDE TO MITIGATE DIRE.CPCAR HEADLIGHTS AND NOISE- THESE FEA I OF ES WILL PROVIDE PRIVACY TO .�.r. THE EXISTING NEIGHBOUR AT 447 LISMMORTH AVENTIE.CEO E � LS•� � � i _ 4 E%. I -SI. CONN 9OEW67LK 7.SVL 5.� 5.50 5.50 821 `1 a {4 u its} to STREETTOWN5 HnRo METER I n I I 11 I N �I f _ P If 9' IL I 0 4E 4�� LOT 53 !�/• ¢� SNOW _ STORAGE AREA �.� �voao-rAla�rEtr� EXISTING RESIDENTI) Figure 4: Buffer between private lane and existing dwelling to the east 8.4 The applicants have also altered how stormwater management will be addressed. Under the initial submission the stormwater would have drained towards Courvier Crescent. The proposal now will direct all the stormwater drainage to the existing infrastructure on Longworth Avenue eliminating any impacts on the properties on Courvier Crescent. 8.5 Lastly, the applicants altered the location of the western most dwelling on Courvier Drive to address the neighbours concern that the new dwelling would project in front of theirs (See Figure 5). Municipality of Clarington Resort PSD -042-18 } LOT 2 } (5 Singles tG adopt zonin I � LOT I I i4� i x �x ,s 177 r] -LL BEMLED • 98 7HA7 R ALk M Luu#Lwr L T y+ r ;e Paae 10 Figure 5: Siting of single detached dwelling adjacent to existing west dwelling on Courvier Crescent. 9. Agency Comments Durham Region 9.1 Durham Region has no concerns or objections to the approval of the rezoning application, or the draft plan of subdivision, subject to conditions. The Region stated that the proposed subdivision complies with Provincial and Regional Planning Policy. Central Lake Ontario Conservation Authority 9.2 The Central Lake Ontario Conservation Authority support the rezoning application and the proposed draft plan of subdivision, subject to conditions. There are some technical issues related to the treatment of stormwater associated with the townhouse development that the conservation authority identified in their comments. The conservation authority indicated they believe these detailed issues can be addressed through the site plan process. Municipality of Clarington Report PSD -042-18 Page 11 Other Agencies 9.3 Rogers, Enbridge, Veridian, Canada Post and the Kawartha Pine Ridge District School Board indicated they had no objections to the proposed applications. Canada Post indicated conditions that will need to be met through the draft conditions. 10. Departmental Comments Engineering Services Department 10.1 Engineering Services has no objections to the draft approval of the subdivision subject to conditions which will be addressed through the conditions of draft approval and site plan agreements. Engineering Services is satisfied that the stormwater management for the condominium will be accommodated on the condominium lands and not impact the single detached dwellings on Courvier Crescent. Fire and Emergency Services 10.2 Fire and Emergency Services has no objections to the draft plan of subdivision or rezoning provided requirements for fire routes are implemented through the site plan process. Accessibility Committee 10.3 The Accessibility Committee had no objections to the applications. The Committee recommended that the townhouse condominium designate a safe pathway or internal sidewalk from the visitor parking to the units. The applicant has revised the concept to include a walkway within the proposed townhouse condominium. Operations Department 10.4 The Operations Department has no objections to the proposed draft plan of subdivision or rezoning applications. Building Division 10.5 The Building Division has no objections to the draft plan of subdivision or rezoning applications. Detailed building code related comments for the townhouse condominium will be addressed through the site plan process. 11. Discussion 11.1 The subject lands are located at south-east corner of the intersection of two arterial roads, Liberty Street North and Longworth Avenue, along a local corridor. The Official Plan envisions a primarily medium density development along local corridors in the form of low or mid -rise development. Municipality of Clarington Report PSD -042-18 Page 12 11.2 The subject lands have frontage onto two arterial roads at a signalized intersection and a local road, Courvier Crescent. The signalized intersection and arterial roads significantly limit the entrance opportunities along Liberty Street North and Longworth Avenue. The Region of Durham had previously indicated that individual driveways onto Liberty Street North would not be permitted. The internal laneway will manage the flow of traffic and improve safety by limiting access and conflict points in close proximity to the intersection of Liberty Street and Longworth Avenue. 11.3 The proposed development meets the minimum density targets of the Official Plan while integrating into the existing neighbourhood. The proposed development will address all three of the street frontages. Single detached dwellings fronting onto Courvier Crescent will maintain the character of the existing internal neighbourhood. The dual frontage townhouse development will address both Liberty Street North and Longworth Avenue, similar to existing townhouses on the south-west corner of the intersection. 11.4 The townhouse development meets the two parking space per unit requirement of the Zoning By-law. For 18 of the 20 townhouse units the applicant has provided driveways are between 9.5m and 11 m in length. The average family car, not including trucks or larger SUVs, range generally from 4.6m to 4.9m in length. The additional driveway length will provide options for home owners to park additional vehicles in their driveway provided they do not have large vehciles. The developemnt includes 5 visitor parking spaces as required by the by-law. 11.5 The townhouses will appear as two storeys from both Liberty Street and Longworth Avenue; however, due to the grade of the site the rear of the townhouses fronting onto the private lane will be three storeys. The final design of the townhouses has not been completed but the applicant submitted concept designs shown in Figures 6 and 7. f .--_ TF tt'17n + of Figure 6: Design concept of front of townhouses facing Liberty Street North and Longworth Avenue. Municipality of Clarington Resort PSD -042-18 Paqe 13 Figure 7: Design concept of rear of townhouses facing private lane. 11.6 The applicant has been in contact with members of the public who identified concerns with the initial proposal. The applicant has proposed alterations to the original proposal to address the concerns raised while still achieving the goals of the Official Plan. 11.7 A site specific Urban Residential Type Two (R2) Zone is recommended for the single detached dwellings and a site specific Urban Residential Type Three (R3) Zone is recommended for the townhouses. The site specific R2-54 is a zone that has been used in many other subdivisions in Bowmanville and meets many of the development provisions that the existing single detached dwellings are subject to. 11.8 A holding symbol will be placed on the subject lands in order to ensure that all the subdivision and site plan requirements are met prior to development. 11.9 The applicant will be required to submit a site plan application for the townhouse condominium. Once the site plan has been approved staff will report to Council on the draft plan of condominium approval. 12. Concurrence Not Applicable. 13. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the applications for draft plan of subdivision and rezoning to permit five single detached dwellings and 20 townhouse condominium dwellings be approved. Municipality of Clarington Resort PSD -042-18 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: David Crome, MCIP, RPP Director of Planning Services Reviewed by: Paae 14 Andrew Allison, B. Comm, LL.B CAO Staff Contact: Brandon Weiler, Planner, (905) 623-3379 ext. 2424 or bweiler@clarington.net Attachments: Attachment 1: Conditions of Draft Approval Attachment 2: Zoning By-law Amendment List of interested parties to be notified of Council's decision is on file in the Planning Services Department. BW/CP/DC/aw I:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2017\ZBA2017-0027 273 Liberty St N\Staff Report\PSD-043-18\PSD-042-18.Docx Conditions of Draft Approval File Number: S -C-2017-0008 Issued for Review: April 18, 2018 Notice of Decision: Draft Approved: _ David J. Crome, MCIP, RPP Director of Planning Services Municiaality of Clarinaton Part 1 — Plan Identification The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S -C-2017-0008 prepared by Michael Smith Planning Consultants identified as job number 1152-00, dated August 26, 2017, as revised and dated February 23, 2018, which illustrates 5 single detached dwelling lots with a minimum frontage of 11.46 metres, 4 blocks for 20 condominium townhouse units with a minimum lot frontage of 5.5 metres, 1 block for common elements of the condominium and 1 block for road widening. The redline revisions are: A 0.3 metre reserve across the total frontage of Regional Road No. 14 (Liberty Street North). 2. A 0.3 metre reserve across the total frontage, with the exception of the approved entrance to the private lane, of Longworth Avenue. 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 https://www.clarington.net/en/do-business/resources/application-forms/subdivision- agreement.pdf 2.2 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. Architectural Control 2.3 (1) The Owner shall be 100% responsible for the cost of the "Control Architect" 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 the exterior architectural design of each building has been approved by the Director of Planning Services, and the site plan application for the townhouse units is conditionally approved by the Director of Planning Services and the Director of Engineering Services. (3) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan 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 2.4 (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 2.5 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 in Section 4.7. 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 Region (for nominal consideration, free and clear of encumbrances and restrictions) the following lands and easements: (a) A Road Widening as shown in Block 10 of the draft plan. (b) A 0.3 metre reserve across the total frontage of Regional Road No. 14 (Liberty Street North). 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: Noise Report (1) The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Region of Durham Planning Department, for review and approval, an updated noise report, based on the preliminary noise report entitled Environmental Noise Assessment, prepared by YCA Engineering Limited, dated July 2017, Project No.Y1720. Functional Servicing (2) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Engineering Services and Central Lake Ontario Conservation Authority for review and approval. Environmental Sustainability Plan (3) The Owner shall submit an update of the Environmental Sustainability Plan based on the preliminary Environmental Sustainability Plan entitled Sustainable Development Plan, prepared by Marco LaMacchia, dated July 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 (4) 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. Dust Management Plan (5) 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 Lands Requiring Site Plans The owner shall not make an application for a building permit in respect of Lots Blocks 6, 7, 8 or 9 until the Owner has received site plan approval from the Municipality under Section 41 of the Planning Act, R.S.O. 1990, C.P.13. 5.2 Front -Ending Contribution The owner acknowledges that certain works, services and facilities which directly benefit the Lands were constructed, paid for or otherwise provided by certain earlier developing landowners. The Owner further acknowledges that the Municipality undertook to use its best efforts to recover a proportionate share of the cost of such works, services and facilities from future benefitting owners and to reimburse the front -ending owners accordingly. An Authorization to Commence shall not be issued for any Works unless the Owner has paid to the Municipality its proportionate share of such works, services and facilities, which amount the Municipality shall hold in trust for and on behalf of the front -ending owners. 5.3 Parkland 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 5% of the lands included in the draft plan and shall be based on the value of the Lands as of the day before the approval of draft Plan of Subdivision S -C-2017-0008. 5.4 Noise Attenuation (1) The Owner shall implement the noise attenuation measures recommended in the updated noise report entitled Environmental Noise Assessment prepared by YCA Engineering Limited and dated July, 2017 (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 the building are in accordance with the Noise Report. (3) The Owner shall not allow the dwelling units within this Plan to be occupied until such time a Professional Engineer qualified to perform acoustical engineering services in Ontario certifies that the noise control measures have been properly installed and constructed. 5.5 Existing Structures The Owner shall obtain demolition permit(s) to remove all existing buildings and structures from the Lands, unless such buildings or structures are to be preserved for heritage purposes. 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 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) All land dedications, easements, sight triangles and reserves as required by the Region for this development must be granted to the Region free and clear of all encumbrances and in a form satisfactory to the Region's Solicitor. (5) 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 Central Lake Ontario Conservation Authority for reports describing the following: a. The intended means of controlling stormwater on the site and conveying stormwater flow from the site to an appropriate outlet, including the use of stormwater techniques which are appropriate and in accordance with provincial guidelines; and, b. The intended means of providing water quality treatment for the site in accordance with provincial guidelines; and, c. The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with 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 related works, either during construction, or following construction; 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; and e. Details on the infiltration of the soils with onsite testing. (2) 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. (3) 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 6.2 (1) and (2) to the satisfaction of the Central Lake Ontario Conservation Authority. b. The Owner agrees to maintain all stormwater and erosion and sediment control structures and measures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. c. The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to the commencement of grading or initiation of any on-site works. 6.3 Ministry of Culture, Tourism and Sport (1) No demolition, grading or other soil disturbances shall take place on the lands prior to the Ministry of Culture, Tourism and Sport confirming that potential adverse impact to the archaeological resources identified in the archaeological assessment prepared by The Archaeologists Inc., and dated July 25, 2017 have been addressed through measures such as preservation, resource removal, licensing and resource conservation requirements. 6.4 Canada Post Corporation (1) The developer will consult with Canada Post to determine suitable permanent locations for the Community Mail Boxes or Lock box Assemblies (Mail Room). The developer will then indicate these locations on the appropriate servicing plans. (2) The developer 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 or Lock Box Assemblies (Mail Room)., within the development, as approved by Canada Post. (3) The owner/developer will be responsible for officially notifying the purchasers of the exact Community Mailbox locations prior to the closing of any home sales with specific clauses in the Purchase offer, on which the homeowners do a sign off. (4) The Builder/Owner/Developer will confirm to Canada Post that the final secured permanent locations for the Community Mailboxes will not be in conflict with any other utility; including hydro transformers, bell pedestals, cable pedestals, flush to grade communication vaults, landscaping enhancements (tree planting) and bus pads. (5) The developer agrees to include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Boxes or Lock Box Assemblies (Mail Room). The developer also agrees to note the locations of all Community Mail Boxes or Lock Box Assemblies (Mail Room)., within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Boxes or Lock Box Assemblies (Mail Room). (6) The owner/developer will agree to prepare and maintain an area of compacted gravel to Canada Post's specifications to serve as a temporary Community Mailbox location. This location will be in a safe area away from construction activity in order that Community Mailboxes may be installed to service addresses that have occupied prior to the pouring of the permanent mailbox pads. This area will be required to be prepared a minimum of 30 days prior to the date of first occupancy. (7) The owner/developer will install concrete pads at each of the Community Mailbox locations as well as any required walkways across the boulevard and any required curb depressions for wheelchair access as per Canada Post's concrete pad specification drawings. (8) The developer agrees to provide the following for each Community Mail Boxes or Lock Box Assemblies, and to include these requirements on the appropriate servicing plans: (if applicable) - Any required walkway across the boulevard, per municipal standards - If applicable, any required curb depression 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 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: 7.4 Noise Report (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Blocks 6, 7, 8 and 9: "Purchasers are advised that sound levels due to increasing road traffic and the existing commercial development may interfere with some activities of the dwelling occupants as the sound levels will exceed the Ministry of Environment and Climate Change's noise criteria." (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for Blocks 6, 7, 8, and 9: "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 Ministry of the Environment's noise criteria." (3) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 1 to 5: "This dwelling unit was fitted with a forced air heating system and the ducting etc. 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 kept closed, thereby achieving indoor sound levels within the limits recommended by the Ministry of the Environment. (Note: The location and installation of the outdoor air conditioning device should be done so as to comply with noise criteria of MINISRY 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 6, 7, 8 and 9: "Despite the inclusion of noise control features in the design of the subdivision and individual units, noise levels from road and rail traffic and the existing/proposed commercial development may be of concern and may occasionally interfere with some activities of the dwelling occupants as the noise exposure level may exceed the noise criteria of the Ministry of the Environment." 7.5 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 6.1 have been satisfied; (b) Central Lake Ontario Conservation Authority, how Conditions 6.2 have been satisfied; (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 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) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario LIH 3T3 (905) 579-0411. (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 LU 8C4. (e) Bell Canada, c/o John La Chapelle, Planner, Right of Way Control Centre, 100 Borough Drive, Floor 5 — Blue, Scarborough, Ontario M1 P 4W2. (f) Rogers Cable Inc., c/o Cindy Ward, 301 Marwood Drive, Oshawa, Ontario L1H 1J4. (g) Kawartha Pine Ridge District School Board, 1994 Fisher Drive, Peterborough, Ontario K9J 6X6 (h) Peterborough Victoria Northumberland and Clarington Catholic District School Board , The Peter L. Roach Catholic Education Centre, 1355 Lansdowne Street West, Peterborough, Ontario K9J 7M3 (i) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1 P 5A1 I:\^Department\LDO NEW FILING SYSTEM\Application Files\SC-Subdivision\S-C-2017\S-C-2017-0008 273 Liberty\Conditions of Draft Approved\Conditions of Draft Approval_18'04'2018.docx Attachment 2 to Report PSD -042-18 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 ZBA 2017-0027; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is hereby amended by adding thereto, the following new Special Exception Zone 14.6.54 as follows: "14.6.54 Urban Residential Exception (R3-54) Zone Notwithstanding Sections 3.16 i. iv); 3. 28 a. i); 14.1 a.; 14.3 a., b., c., e., f., and h. those lands zoned R3-54 on the Schedules to this By-law shall only be used for street townhouse dwellings subject to the following zone provisions: a. Lot Area (minimum) i. Interior Lot ii. Exterior Lot b. Lot Frontage (minimum) i. Interior Lot ii. Exterior Lot c. Yard Requirements (minimum) Front Yard or exterior side yard ii. Interior Side Yard 150 square metres 230 square metres 5.5 metres 8.2 metres 3.5 metres to a dwelling 2.0 metres to an unenclosed porch 1.5 metres, nil where building has a common wall with an adjacent building iii. Rear Yard 2.0 metres to a private street 5.0 metres to a dwelling 6 metres to a garage door iv. For the purpose of this zone the front lot line shall be the line dividing the lot from the improved public street. d. Special Yard Regulations Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.2 metres. e. Visibility Triangle (minimum) f. Lot Coverage 5.0 metres i. Townhouse dwelling and total of all buildings and structures 65 percent ii. a) In the case of an interior lot an unenclosed porch/balcony up to a maximum area of 10m2 is permitted in the front yard and is not calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 15m is permitted in the front yard and is not calculated as lot coverage. g. Landscaped Open Space (Minimum) 25 percent h. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metres No parking space shall be located in any front or exterior side yard 2. Schedule '3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Exception (R2-15) Zone" and "Agricultural (A) Zone" to "Urban Residential Exception (R2-54) Zone"; and "Urban Residential Exception (R2-15) Zone", "Agricultural (A) Zone" and Urban Residential Type One (R1) Zone" to "Urban Residential Exception (R3-54) Zone" as illustrated on the attached Schedule W. 3. This By-law shall come into effect on the date of its passage, 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. Longworth Avenue a z a� W Corvier Crescent Zoning Change From "A" To "(H)R2-54" Zoning Change From "R2-15" To "(H)R2-54" Zoning Change From "A" To "(H)R3-54" IV Zoning Change From "R1"To "(H)R3-54" - Zoning Change From "R2-15" To "(H)R3-54" Adrian Foster, Mayor BOwmanville • ZBA 2017-0027 • Schedule 3 C. Anne Greentree, Municipal Clerk