HomeMy WebLinkAboutPSD-017-15 C r,
larington
Planning Services
Report
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Clerk at 905-623-3379 ext. 2102
Report To: General Purpose and Administration Committee
Date of Meeting: March 9, 2015
Report Number: PSD-017-15 Resolution Number:
File Number: S-C-2013-0001 & ZBA 2013-0003 By-law Number: kD ` -
Report Subject: Proposed applications by Pollux Developments Inc. to permit a 115
unit residential development
Recommendations:
1. That Report PSD-017-15 be received;
2. That the application for the proposed Draft Plan of Subdivision, submitted by Pollux
Developments Inc. to permit the development of 115 residential units be supported,
subject to the conditions contained in Attachment 2 to Report PSD-017-15 and once the
Region of Durham is satisfied that the necessary forms and insurance have been
submitted with respect to the Phase 1 Environmental Assessment ;
3. That the Zoning By-law Amendment application submitted by Pollux Developments Inc.
be approved as contained in Attachment 3 to Report PSD-017-15;
4. 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;
5. That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-017-15
and Council's decision; and
6. That all interested parties listed in Report PSD-017-15 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-017-15 Page 2
Report Overview
A 115 unit draft plan of subdivision is recommended for approval. This greenfield development
contains a mix of low and medium density units at the intersection of Scugog Street and
Concession Road 3 in north Bowmanville. The development will provide a mix of housing
options, and will assist the Region of Durham and the Municipality of Clarington in achieving
population and housing targets in accordance with Growth Plan policies.
1 . Application Details
Owner/Applicant: Pollux Developments Inc.
Agent: Tunney Planning Inc.
Proposal: Proposed Draft Plan of Subdivision
To allow the development of 115 residential units, including 32
single detached residential units, and up to 83 medium density
(townhouse) units, roads and related services.
Rezoning
To rezone the lands from the existing residential zones to
appropriate zones that permit the uses as presented in the draft
plan of subdivision.
Area: 3.8 hectares
Location: Part of Lot 2, Concession 12, Former Town of Bowmanville
(Southeast quadrant of Scugog Street and Concession Road 3)
(See Figure 1: Key Map).
Within Built Boundary: No
2. Background
2.1 The lands were previously draft approved for a 74-unit plan of subdivision (18T-89044 &
DEV 89-58). The draft approval lapsed in 2010 therefore the owner reapplied for approval
for development of the lands, and in doing so, modified the design of the subdivision.
2.2 A public meeting was held on November 25, 2013. Since that time, and following the
review of staff and agency comments, the applicant has revised the draft plan of
subdivision so that access to the medium density block will occur along Concession Road
3, and not along the local road being Courtney Street.
Municipality of Clarington
Report PSD-017-15 Page 3
Figure 1: Key Map
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DRAFT O
APPROVED
DRAFT APPROVED PLAN OF SUBDIVISION
PLAN OF S-C-2007-0005
SUBDIVISION
S-C-2007-0004
I:
CONCESSION ROAD 3
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t] I -
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W ---'
Proposed_Medium-Density
Townhouse Block
? REGISTERED
�- PLAN OF
SUBDIVISION
(Under(Under Construction)
32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 17
O
O COURTNEY STREET
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6 7 g 9 10 11 12 13 14 T1516
67
...............
EXISTING RESIDENTIAL
COLVILLE AVENUE
Z13A 2013-0003
2.3 The applicant has submitted the following studies in support of the application and are
reviewed in detail in this report:
• Traffic Assessment
• Sustainability Statement
• Archaeological Assessment
• Functional Servicing Report
• Noise Impact Study
• Tree Preservation Plan
• Phase 1 Environmental Site Assessment
Municipality of Clarington
Report PSD-017-15 Page 4
3. Land Characteristics and Surrounding Uses
3.1 The site is relatively flat with some vegetation and trees, and vacant of structures
3.2 The surrounding uses are as follows:
North - Vacant agricultural lands within draft approved residential plans of
subdivision (S-C-2007-0004 & S-C-2007-0005) within the North Glen
Neighbourhood,
South - Single detached residential units with a registered plan of subdivision along
Colville Avenue
East - One existing dwelling on a lot of record and residential lots within a
registered plan of subdivision (Plan 40M-2524)
West - Residential units within a registered plan of subdivision on the west side of
Scugog Street
4. Provincial Policy
4.1 Provincial Policy Statements
Settlement areas shall be the focus of growth. Land use patterns shall be based on
densities and a mix of land uses which efficiently use land, resources and infrastructure
and other public services. A full range of housing types and densities are to be provided
to meet the projected requirements of current and future residents of the regional market
area.
The PPS encourages a compact built form which supports the development of
transportation systems that minimize the length and number of vehicle trips and also
supports the development of viable choices and plans for public transit. Compact built
form minimizes negative impact to air quality and climate change and promotes energy
efficiency.
Healthy, active communities should be promoted by planning public streets, spaces and
facilities to be safe, meet the needs of pedestrians, foster social interaction and facilitate
active transportation and community connectivity.
The applications are consistent with the Provincial Policy Statement.
4.2 Provincial Growth Plan
The Growth Plan requires municipalities to manage growth, and encourages the creation
of complete communities that offer a mix of land uses, employment and housing options,
high quality open space, and access to stores and services.
Municipality of Clarington
Report PSD-017-15 Page 5
The subject lands are within the greenfield area, and outside of the built-up area. In
greenfield areas, growth is to make efficient use of services and infrastructure and be
compact and transit-supportive. Reducing dependence on the automobile through the
development of mixed use, pedestrian-friendly environments contributes to achieving
complete communities.
The Growth Plan requires municipalities to achieve a minimum density target that is not
less than 50 residents or jobs per hectare in the designated greenfield area and is
measured across the Region of Durham. The subject development would generate
approximately 82 residents per hectare and provides for a medium density development
at the intersection of two arterial roads.
The applications conform to the objectives of the Growth Plan.
5. Official Plans
5.1 Durham Regional Official Plan
Within the Durham Regional Official Plan, the lands are designated as Living Area, with
an indication of Key Natural Heritage and Hydrologic Features. The natural environment,
including Key Natural Heritage and Hydrologic Features, shall be given paramount
consideration in light of their ecological functions and scientific, educational and health
values.
Lands designated as Living Area permit the development of communities with defined
boundaries, incorporating the widest possible variety of housing types, sizes and tenure.
In consideration of development applications in designated Living Areas, regard shall be
had for the intent of this plan to achieve the following:
• A compact urban form;
• The use of good urban design principles;
• The provision of convenient pedestrian access to public transit, educational facilities
and parks;
• A grid pattern of roads;
• The provision and distribution of parks, trails and pathways and educational facilities;
• Municipal services, infrastructure and the feasibility of expansion; and
• The balance between energy efficiency and cost.
The applications conform to the Durham Regional Official Plan.
5.2 Clarington Official Plan
The subject lands are designated for Low and Medium Density Residential development.
The use of land in the Urban Residential designation is predominantly for single and
semi-detached housing with a net density no greater than 30 units per net hectare.
Medium Density development is generally between 31 and 60 units per net hectare and
in the form of townhouses and/or low-rise apartments (up to 4 storeys). The lands are
Municipality of Clarington
Report PSD-017-15 Page 6
within the Knox Neighbourhood of the Bowmanville Urban Area, which has a population
allocation of 5350 and a housing unit target of 1950, including 300 medium density units.
Concession Road 3 and Scugog Street are classified as Arterial Roads. When reviewing
medium density proposals, the impact of traffic on local streets is to be minimized.
The Lake Iroquois Beach skirts the south side of Concession Road 3. Concession Road
3 is the north limit of the property. No other significant natural heritage features occur on
the property.
An Environmental Impact Study is required for development applications located on
lands within or adjacent to the Lake Iroquois Beach and/or, any natural heritage feature.
In consideration of the EIS work done for the lands on the north side of Concession
Road 3 and the lack of other significant natural heritage features, staff together with
Central Lake Ontario Conservation Authority determined additional environmental work is
not required for the subject applications.
Prior to municipal approval of any draft plan of subdivision, the Municipality will prepare a
sub-watershed plan. Where a master drainage plan has been approved, the master
drainage plan will substitute for the requirement for a subwatershed plan. The Northwest
Bowmanville Master Drainage Study was prepared for the Bowmanville Creek and
includes consideration of the subject lands.
The applications conform to the Clarington Official Plan.
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands a mix of urban residential zones ((H)R1,
(H)R2 and (H)R3) and reflects the previous draft approved plan of subdivision that has
lapsed. A rezoning is required to implement the proposed draft plan of subdivision.
7. Summary of Background Studies
7.1 Traffic Assessment
Since a similar subdivision plan was previously approved for the subject lands, and the
site is approved for medium density development according to the Official Plan, a full
traffic impact study was not completed.
Compared to the plan, the proposed revisions result in a minor increase of vehicle trips
and would have a negligible impact on traffic operations of the intersection of
Concession Road 3 and Scugog Street.
7.2 Sustainability Statement
The preliminary assessment highlights the site's location within an area of existing
development and commits to further implement sustainability measures during the final
approval stage.
Municipality of Clarington
Report PSD-017-15 Page 7
7.3 Stage 1-11 Archaeological Assessment
Based on the absence of any significant findings this property has no potential for the
recovery of archaeological resources.
7.4 Functional Servicing Report
Grading of the lands will be set to match existing grades on the surrounding lands. The
storm sewer system will connect to the proposed storm trunk sewer on Scugog Street.
The downstream storm system, including the stormwater management pond, has been
sized to accommodate the development. The lands can also be serviced by the
extension of water and sanitary sewers from the south and east.
7.5 Noise Impact Study
Noise mitigation measures are recommended as a result of traffic noise generated by
Scugog Street and Concession Road 3 and would be implemented during the final
subdivision approval stage.
7.6 Tree Preservation Plan
The preliminary tree preservation plan has identified some trees around the perimeter of
the site that can be retained. As a condition of final approval the applicant will be
required to propose a site plan design that seeks to maintain some native vegetation in
the proposed amenity space/common areas of the medium density block.
7.7 Phase 1 Environmental Site Assessment
No sources of soil or groundwater contamination were identified and no further action is
recommended.
8. Public Submissions
8.1 A public meeting was held on November 25, 2013. No members of the public spoke in
regard to the applications.
8.2 Prior to the public meeting four residents contacted staff regarding these files, and one
subsequent to the public meeting. Concerns raised focus on pedestrian safety and traffic
impacts. One resident commented that the development would worsen existing
congestion evident around the nearby public school.
8.3 Following the public meeting, a resident questioned how the development will:
• meet the current policies 6.3.5, 922, 9.4.6 and 9.5.5 of the Municipality of
Clarington Official Plan?
• have a positive impact on the existing residents of the Knox neighbourhood?
• provide its new residents with a living environment where they have direct access
to green space, walking distance to public transportation, easy access to schools,
and minimized traffic pollution and noise?
Municipality of Clarington
Report PSD-017-15 Page 8
8.4 The resident requests Council to consider that Bowmanville is a town within a country
setting (easy access to farmland and green space) and should take great pride in
promoting this.
8.5 The referenced extracts from the Clarington Official Plan are included as Attachment 1. A
full analysis of all resident concerns is included in the discussion section of this report.
9. Agency Comments
9.1 Durham Regional Planninq
Durham Regional Planning recognizes that the proposed subdivision development will
complete the development of the area, promotes efficient use of land and resources, and
is consistent with the Provincial Policy Statement. The proposed development is
permitted by the Living Area designation. Regional Planning highlights the lands are
within the greenfield area and contributes to the overall gross density of 50 residents and
jobs combined per hectare within the Region.
Durham Regional Works Department has provided the applicant with confirmation on
existing service connections in the area. The proposal was reviewed from a transit
perspective and the urbanization of Concession Road 3 would allow for future bus stops.
The Region has no objections, accepts the findings of all the technical studies and has
provided conditions to include in the final conditions of draft approval. However, the
Region is still awaiting the submission of a reliance letter and proof of insurance for the
Phase 1 Environmental Site Assessment. Clarington Planning recommends that the
Conditions of Draft Approval be issued once the Region has received the necessary
forms and proof of insurance.
9.2 Central Lake Ontario Conservation Authority
Central Lake Ontario Conservation Authority has indicated that they have not identified
natural heritage features on the subject lands through their watershed planning exercise,
and have no objections to the approval of the applications. The conservation authority
provided specific conditions to include in the final conditions of draft approval. Technical
comments were forwarded to the applicant and must be addressed during the detailed
design stage of the development.
9.3 Kawartha Pine Ridge District School Board
The school board has advised they have no objection to the applications. Any students
would attend Charles Bowman Public School and Bowmanville High School.
9.4 Other Circulated Agencies
Veridian, Enbridge Gas, Bell and Rogers Communications have no objections and all
technical comments have been forwarded to the applicant.
Municipality of Clarington
Report PSD-017-15 Page 9
10. Departmental Comments
10.1 Engineering Services
Engineering Services accepts the findings of the Traffic Assessment. The preliminary
grading and servicing details are acceptable and will be further reviewed at the detailed
design stage. As services are not yet constructed to the site, development cannot
proceed until the Municipality has approved the expenditure of funds for the
reconstruction of Scugog Street from Bons Avenue to Concession Road 3 to a full urban
standard.
The owner will be responsible to make a financial contribution to the oversizing of the
storm sewer from Bons Avenue to Courtney Street, as determined by the Director of
Engineering Services. Payment of this contribution must be received by the Municipality
prior to the Scugog Street reconstruction work being tendered.
Engineering Services also highlights that Block 30, the medium density block, will require
site plan approval, which will address matters such as amenity areas, landscaping,
pedestrian connections, and visitor parking. The access for the medium density can be
located along Concession Road 3, with an emergency access/pedestrian connection to
Scugog Street.
In addition to conditions relating to the aforementioned points, conditions of draft
approval include direction on the following:
• Provision of sight triangles, road widenings and reserves;
• Removal of temporary turning circles;
• Tree preservation; and
• Payment of cash-in-lieu of parkland.
10.2 Other Departments
No objections have been raised by other departments.
11 . Discussion
11.1 The subject lands are an infill subdivision within the Bowmanville urban area. The lands
are designated for residential development, including a medium density component. The
unit mix and density will satisfy the Growth Plan targets and conform to the Regional and
Clarington Official Plan.
11.2 The proposed plan of subdivision provides for a logical extension of development and
street patterns that are adjacent to the development. The lands can be serviced by the
extension of water, sanitary sewer and storm sewer services from the south and east.
11.3 The following is review of the specific Official Plan policies referenced by a local resident.
Attachment 1 details each of the complete policies identified.
Municipality of Clarington
Report PSD-017-15 Page 10
• Policy 6.3.5 is specific to residential intensification projects. This is not an
intensification area so it is not applicable. However, regardless, the site
development criteria would be satisfied with the approval of the subject applications.
• Policy 9.2.2 has the objective of providing a variety of uses in a neighbourhood to
service residents. This is not achieved in one application. The Knox neighbourhood
is considered a complete community as it provides for a variety of land uses
including residential, commercial, open space and institutional uses.
• Policy 9.4.6 outlines site development criteria for the medium density development.
Many of these criteria are considered in the context of site plan approval. However,
with respect to the Plan of Subdivision, the road system can accommodate additional
traffic generated by the site. Townhouse blocks shall generally not exceed 50 units.
However, this is a general target and must be reviewed together with neighbourhood
housing targets and the site context. The medium density block could accommodate
up to 83 units and the Knox neighbourhood, which is almost built out is falling short
of the 300 medium density unit target. In interpreting an Official Plan, all numeric
figures are approximate and the slightly larger block for 83 units is appropriate given
all circumstances.
• Policy 9.5.5 (d) indicates that natural heritage features are a key design
consideration. Natural features are identified on an ecosystem basis for protection.
While there are treed areas on the site, no significant woodlots or other natural
heritage features identified on the subject lands. The owner has submitted a
preliminary tree preservation plan and some trees around the perimeter of the site
can be protected.
11.4 One resident raised concerns about traffic congestion around Charles Bowman School.
Pedestrian safety and traffic congestion during peak arrival and dismissal times is a
common concern proximate to school sites. Charles Bowman School generates a
number of complaints. Crossing guards are currently positioned at Scugog Street and
Bons Avenue, and along Bons Avenue at Wyse Gate to assist with pedestrian crossings.
The Traffic Impact Study supports the subject development and Scugog Street will be
urbanized with sidewalks to provide safe access for pedestrians. The road network in the
area will be completed with the construction of Gimblett Street to Concession Road 3
and Courtney Street to Scugog Street, traffic circulation is expected to improve.
11.5 It is recommended that the subject lands be placed in three urban residential zones:
• R1-66 for the 11.3 m single detached lots along the Courtney Street extension
• R2 for the partial lot to be utilized in conjunction with the adjacent plan to the east
• R3-26 for the townhouse block.
The zones applied reflect current standards seen in newer subdivisions with respect to
lot coverage and setbacks and consistent with the surrounding neighbourhood.
Municipality of Clarington
Report PSD-017-15 Page 11
11.6 The Holding (H) provision will be utilized on the proposed zoning to ensure adequate
access and services are in place prior to development and will be lifted by Council when
the appropriate conditions are met.
11.7 Conditions of draft approval have been prepared and would be fulfilled as the subdivision
application moves through the final approval stage. The owner of the lands will be
required to enter into a subdivision agreement with the Municipality of Clarington. The
applicant has provided concurrence with the attached proposed conditions of Draft
Approval.
11.8 All taxes owing to the Municipality of Clarington have been paid in full.
12. Concurrence
Not Applicable
13. Conclusion
The proposed infill subdivision implements the Clarington Official Plan. In consideration
of all agency, staff and public comments, it is respectfully recommended that proposed
draft plan of subdivision and zoning by-law amendment be approved.
14. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Submitted by.
by: Reviewed :
vi J. Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Anne Taylor Scott, Planner ll, 905-623-3379 ext. 2414 or
ataylorscott(a-clarington.net
Attachments
Attachment 1: Official Plan Extracts
Attachment 2: Proposed Conditions of Draft Approval
Attachment 3: Proposed By-law Amendment
Municipality of Clarington
Report PSD-017-15 Page 12
The following is a list of the interested parties to be notified of Council's decision:
Pollux Developments Inc.
Tunney Planning Inc.
Gavin Lowe
Mike Selkirk
Randy Henning
Sean Walsh
Eileen Dodd
Keith McDowell
DJC/CP/ATS/df
Attachment 1 to
Municipality of Clarington Report PSD-017-15
Clarington Official Plan Policy Extracts
Policy 6.3.5
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Proposals for residential intensification will be permitted where the following criteria are met:
a) there are adequate municipal services to accommodate increased demands including
water supply, sanitary and storm sewers, schools and parkland;
b) the site is accessible to community facilities, shopping and public transit;
c) there is capacity in the road system to accommodate additional traffic;
d) the proposal is physically compatible with the surrounding neighbourhood in terms of
scale, massing, height, siting and shadowing; and
e) there is adequate on-site parking.
Policy 9.2.2
To provide for a variety of uses for each neighbourhood to service residents and to decrease
the dependency on motor vehicles.
Policy 9.4.6
Medium and high density residential development will be reviewed on the basis of the
following site development criteria:
a) The site is suitable in terms of size and shape to accommodate the proposed density
and building form;
b) The proposed development is compatible with the surrounding neighbourhood in
terms of scale, massing, height, siting, setbacks, shadowing, and the location of
parking and amenity areas;
c) Adequate on-site parking, lighting, landscaping and amenity areas are provided;
d) The impact of traffic on local streets is minimized;
e) Townhouses sited on blocks shall generally not exceed 50 units;
D Street townhouses shall generally not comprise more than 6 attached units; and
g) Street townhouses shall not be sited on opposite sides of the street unless adequate
on-street parking can be provided to the satisfaction of the Municipality.
Policy 9.5.5 d)
Natural features will be a key design consideration to ensure the protection of watercourses,
valleylands, significant woodlots and wetlands and their ecological functions. Residential
neighbourhoods will be "designed with nature" to minimize grade changes, preserve mature
trees and enhance open space linkages.
Opportunities to provide views of natural features and the waterfront should be incorporated,
wherever possible.
Attachment 2 to
Municipality of Clarington Report PSD-017-15
CONDITIONS OF DRAFT APPROVAL
FILE NO.: S-C-2013-0001
DATE: MARCH 9, 2015
Part 1 - PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision S-C-2013-0001 prepared by Tunney Planning Inc. identified as job
number TUN 626-1, dated January 2013, and revised January 2015, which illustrates
23 single detached lots with 11.3 metres of frontage, 9 single detached lots with 12.0
metres of frontage, a medium density block (up to 83 block townhouse units), a part
block, a public road, road widenings and 0.3 metre reserves.
Revisions:
• Remove 0.3 m reserve identified as Block 34; and
• Widen Part Block 33 to ensure the block, when melded with Block 69, Plan
40M-2524, together meet the minimum lot frontage of 12.0 metres required by
the R2 Zone.
Part 2 — GENERAL
2.1 The Owner shall enter into a subdivision agreement with the Corporation of the
Municipality of Clarington (the "Municipality") that contains all of the terms and
conditions of the Municipality's standard subdivision agreement respecting the
provision and installation of roads, services, drainage, other local services and all
internal and external works and services related to this plan of subdivision. A copy of
the Municipality's standard subdivision agreement can be found at
http://clarington.net/documents/planning/subdivision-agreement-feb20l4.pdf
2.2 The Owner shall name all road allowances included in the draft plan to the
satisfaction of the Municipality and the Regional Municipality of Durham (the
"Region").
2.3 All works and services must be designed and constructed in accordance with the
Municipality's Design Guidelines and Standard Drawings.
Architectural Control
2.4 (1) The Owner shall be 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
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(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.
(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 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.
Reconstruction of Scugog Street
2.6 This development cannot occur until the Municipality of Clarington has approved the
expenditure of funds for the reconstruction of Scugog Street from Bons Avenue to
Concession Road 3 to a full urban standard.
Site Alteration
2.7 Draft plan approval does not give the Owner permission to place or dump fill or
remove fill from, or alter the grade of any portion of the lands within the draft plan.
The Owner shall be required to obtain a permit from the Municipality under Site
Alteration By-law 2008-114, as amended, for any such work. If any portion of the
lands are within an area regulated by a conservation authority, the Owner shall obtain
a permit from the conservation authority in addition to obtaining approval from the
Director of Engineering Services regarding the intended haulage routes, the time and
duration of the site alteration work and security relating to mud clean up, dust control
and road damage. After registration of a subdivision agreement, the provisions of the
Municipality's standard subdivision agreement shall apply to any proposed site
alteration on the lands covered by the subdivision agreement.
Part 3 - FINAL PLAN REQUIREMENTS
3.1 The following road allowances shown on the draft plan shall be dedicated to the
Municipality of Clarington upon registration of the final plan:
(a) Courtney Street
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3.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear
of encumbrances and restrictions) the following lands and easements:
(a) Road Widenings
• A 5.18 metre road widening across the entire frontage of Concession Road
3 shown as Block 39 on the draft plan.
• A 3.048 metre road widening across the entire frontage of Scugog Street
shown as Block 38 on the draft plan.
(b) Sight Triangles
• A 14.0 metre x 14.0 metre sight triangle at the corner of Concession Road 3
and Scugog Street.
• A 14.0 metre x 7.0 metre sight triangle at the corner of Courtney Street and
Scugog Street.
(c) Reserves
• A 0.3 metre reserve shown as Blocks 35-37, inclusive, on the draft plan.
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, for review and approval, an
updated noise report, based on the preliminary noise report entitled "Noise
Impact Study, Residential Subdivision, Scugog Street and Concession Road 3,
Bowmanville, Ontario," prepared by J.E. Coulter Associates Ltd., dated April 11,
2013.
An updated noise report for Block 40 will be required at the time of applying for
site plan approval from the Municipality under Section 41 of the Planning Act,
R.S.O. 1990, C.P.13.
Functional Servicing
(2) The Owner shall submit an updated Functional Servicing Report satisfactory to
the Director of Engineering Services and Central Lake Ontario Conservation.
The Servicing and Grading Plan should be revised to eliminate the use of
retaining walls on the site.
The Owner agrees that lands within the limits of the draft plan must be graded to
accommodate the future urban road profile for Concession Road 3. This
includes future sidewalk location without any modification to grades or ditching,
all to the satisfaction of the Director of Engineering Services.
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Community Theme Plan
(3) The Owner shall submit a "Community Theme Plan" to the Director of Planning
services and Director of Engineering Services for approval. Such plan shall
include design concepts for a community theme including gateway treatments,
landscape treatments, lighting fixtures, fencing details and related design issues
for the overall design. This plan shall be consistent with the approved plan
prepared by the Owner of the Plan of Subdivision 40M-2341, 40M-2363, and
40M-2524. All Engineering Drawings shall conform with the approved
Community Theme Plan.
Tree Preservation Plan
(4) The Owner shall submit an updated Tree Preservation Plan for review and
approval by the Director of Engineering Services and Director of Planning
Services.
The development of Block 40 will require site plan approval. The required Tree
Preservation Plan for Block 40 shall consider the location of amenity space and
the layout of lots and private lanes to optimize tree preservation.
Environmental Sustainability Plan
(5) The Owner shall submit an Environmental Sustainability Plan to the satisfaction
of the Director of Planning Services. Such plan shall identify the measures that
the Owner will undertake to conserve energy and water in excess of the
standards of the Ontario Building Code, reduce waste, increase recycling of
construction materials and utilize non-toxic, environmentally sustainable
materials and finishes. The plan shall include the location of a shade tree, or
provision of 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
(6) Prior to final registration, the Owner shall provide a Soils Management Plan for
review and approval by the Director of Engineering Services. Such plan shall
provide information respecting 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.
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.
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Part 5 —SPECIAL TERMS AND CONDITIONS TO BE INCLUDED IN THE SUBDIVISION
AGREEMENT
Phasing
5.1 The construction of Courtney Street within the limits of the draft plan shall be
constructed in a single phase.
Lands Requiring Site Plans
5.2 The owner shall not make an application for a building permit in respect of Block 40
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.
Storm Sewer Oversizing
5.3 The owner agrees to contribute to the storm sewer oversizing on Scugog Street north
of Bons Avenue to Courtney Street. The subdivision agreement will contain
appropriate clauses regarding the timing and amount of the required contribution.
Payments shall be determined in accordance with the subdivision agreement and to
the satisfaction of the Director of Engineering Services.
Parkland
5.4 The Owner shall pay the Municipality an amount in lieu of conveying land for park or
other public recreational purposes under section 51.1 of the Planning Act, R.S.O.
1990, C.P.13. The Owner acknowledges that this amount represents the value of the
land that would otherwise be required to be conveyed at the rate of 1 hectare of land
for each 300 dwelling units, or 0.38 hectares, in the draft Plan as of the day before
the approval of draft Plan of Subdivision S-C-2013-0001.
Noise Attenuation
5.5 (1) The Owner shall implement the noise attenuation measures recommended in
the updated noise report entitled "Noise Impact Study, Residential Subdivision,
Scugog Street and Concession Road 3, Bowmanville, Ontario," prepared by
J.E. Coulter Associates Ltd., dated April 11, 2013.
The measures shall be included in the municipality's subdivision agreement and
must also contain a full and complete reference to the noise report (i.e. author,
title, date and any revisions/addenda) and shall include and required warning
clauses identified in the study.
(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.
Part Block
5.6 Part Block 33 shall be developed together with Block 69, Plan 40M-2524 as a single
lot accommodating one single detached dwelling with a minimum lot frontage of 12
metres and a minimum lot area of 370 square metres. The lot shall be (a) pre-
serviced with water, sanitary and storm sewers, and (b) graded, seeded and
maintained by the Owner to the satisfaction of the Director of Planning Services and
the Director of Engineering Services.
Temporary Turning Circles
5.7 Where proposed Courtney Street connects to existing temporary turning circle to the
east, the Owner shall be 100 % responsible for removing the existing temporary
turning circle and constructing the road to municipal standards. This includes curbs,
sidewalks, asphalt, drainage, boulevard topsoil and sod, street trees and street
lighting relocations, all to the satisfaction of the Director of Engineering Services.
Part 6 — AGENCY CONDITIONS
6.1 Region of Durham
(1) The Owner shall provide for the extension of such sanitary sewer and water
supply facilities which are external to, as well as within, the limits of this plan
that are required to service this plan. In addition, the Owner shall provide for the
extension of sanitary sewer and water supply facilities within the limits of the
plan which are required to service other developments external to this
subdivision. Such sanitary sewer and water supply facilities are to be designed
and constructed according to the standards and requirements of the Region. All
arrangements, financial and otherwise, for said extensions are to be made to
the satisfaction of the Region, and are to be completed prior to final approval of
this plan.
(2) Prior to entering into a subdivision agreement, the Region shall be satisfied that
adequate water pollution control plant and water supply plant capacities are
available to the proposed subdivision.
(3) The Owner shall satisfy all requirements, financial and otherwise, of the Region.
This shall include, among other matters, the execution of a subdivision
agreement between the Owner and the Region concerning the provision and
installation of sanitary sewers, water supply, roads and other regional services.
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 conveying stormwater flow from the site, including
use of stormwater techniques which are appropriate and in accordance
with current provincial guidelines and requirements. Low Impact
Development measures should also be investigated for implementation on
site;
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(b) The anticipated impact of the development on water quality, as it relates to
fish and wildlife habitat once adequate protective measures have been
undertaken; and
(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.
(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.
A copy of the fully executed subdivision agreement between the Municipality of
Clarington and the Owner, will expedite the clearance of Condition 6.2 (3).
6.3 Ministry of Culture, Tourism and Sport
(1) Prior to final approval, the proponent shall mitigate and/or salvage excavation of
any significant heritage resources found in York North Archaeological Services
Inc.'s report titled, "A Stage 1-II Archaeological Assessment for the Proposed
Pollux Developments Bowmanville Subdivision: Located in Part 1, Plan 10R-
1964, Part of Lot 2, Concession 2, Formerly in the Town of Bowmanville, now in
the Municipality of Clarington, Regional Municipality of Durham," dated October
18, 2013, to the satisfaction of the Regulatory and Operations Group of the
Ministry of Tourism, Culture and Sport. No demolition, grading or other soil
disturbances shall take place on the subject property prior to the Ministry of
Tourism, Culture and Sport confirming that all archaeological resource
concerns have been met including licensing and resource conservation
requirements.
6.4 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, the Owner shall grant such easements as may be required for
utilities, drainage and servicing purposes to the appropriate authorities.
Proposed easements are not permitted on lands owned by the Municipality
unless it can be demonstrated that there is no other alternative. Such
easements must not impede the long term use of the lands and will be at the
discretion of the Director of Engineering Services.
(3) The Owner shall cause all utilities, including hydro, telephone, and cable
television within the streets of this development to be installed underground for
both primary and secondary services.
Part 7 — STANDARD NOTICES AND WARNINGS
7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots
informing the purchaser of all applicable development charges in accordance with
subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27.
7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of
the Municipality's standard subdivision agreement in Agreements of Purchase and
Sale for all Lots or Blocks.
7.3 The Owner shall include the following notices and warning clauses in Agreements of
Purchase and Sale for the Lots or Blocks to which they apply:
Noise Report
(1) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Lots 1 and 32, and for units within Block 40 adjacent to
Concession Road 3 and/or Scugog Street:
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 MOE publication NPC-216,
Residential Air Conditioning Devices and thus minimize the noise impacts
both on and in the immediate vicinity of the subject property).
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(2) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Lots 1 and 32, and for units within Block 40 and adjacent to
Scugog Street and/or Concession Road 3:
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.
14.1. Nearby Farm Operations
The Owner shall include the following warning clause in agreements of purchase and sale for
Lots 1 to 32, and Block 40:
Farm Operations—There are existing farming operations nearby and that
such farming activities may give rise to noise, odours, truck traffic and outdoor
lighting resulting from normal farming practices which may occasionally
interfere with some activities of the occupants.
14.2. Noise Attenuation Fencing
The Owner shall include the following notice in the agreements of purchase and sale for Lots
1 and 32, and for units within Block 40 that flank onto Scugog Street and/or Concession
Road 3:
Noise Attenuation Fencing- Noise attenuation fencing is a required feature
for this lot to assist in reducing the noise levels to comply with Ministry of the
Environment standards. This fencing must be located on the private property
portion of the lot and must be designed and constructed in compliance with
the recommendations of the noise attenuation report "Noise Impact Study,
Residential Subdivision, Scugog Street and Concession Road 3, Bowmanville,
Ontario,"prepared by J.E. Coulter Associates Ltd., dated April 11, 2013, and
any addenda thereto. The maintenance of this fencing is the responsibility of
the owner of the lot after the developer has been released from any further
responsibility for the fence.
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 1, 2.2, 4.1(1), 5.1, 5.5, 6.1, 6.3 and 6.4(2) have been
satisfied;
(b) the Central Lake Ontario Conservation Authority, how Condition 6.2 have been
satisfied; and
(c) the Ministry of Culture, Tourism and Sport, how Condition 6.3 have been
satisfied.
Part 9 - NOTES TO DRAFT APPROVAL
9.1 Terms used in these conditions that are not otherwise defined have the meanings
given to them in the Municipality's standard subdivision agreement.
9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft approval
will be reviewed periodically and may be amended at any time prior to final approval.
The Planning Act provides that draft approval, may be withdrawn at any time prior to
final approval.
9.3 If final approval is not given to this plan within three 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) Ministry of Tourism, Culture and Sport, Culture Programs Unit, Programs and
Services Branch, Culture Division, 401 Bay Street, Suite 1700, Toronto,
Ontario, M7A OA7 (416) 314-5192.
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Attachment 3 to
Municipality of Clarington Report PSD-017-15
Corporation of the Municipality of Clarington
By-law 2015-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
Whereas the Council of the Corporation 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 2013-0003;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule '3'to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Holding—Urban Residential Type One ((H)R1)Zone"to "Holding—Urban
Residential Exception ((H)R2-66) Zone";
"Holding—Urban Residential Type One ((H)R1)Zone"to"Holding—Urban
Residential Exception ((H)R3-26) Zone";
"Holding—Urban Residential Type Two ((H)R2)Zone"to"Holding—Urban
Residential Exception ((H)R2-66) Zone";
"Holding—Urban Residential Type Three((H)R3)Zone"to"Holding—Urban
Residential Exception ((H)R2-66) Zone"; and
"Holding—Urban Residential Type Three ((H)R3)Zone"to"Holding—Urban
Residential Exception ((H)R3-26) 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 Sections 34 and 36 of the Planning Act.
By-Law passed in open session this day of , 2015
Adrian Foster, Mayor
C.Anne Greentree, Municipal Clerk
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This is Schedule "A" to By-law 2015- ,
passed this day. of , 2015 A.D.
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®Zoning Change From"(H)Rt"To"(H)R2-66"
®Zoning Change From"(H)R1"To"(H)R3-26"
M Zoning Change From"(H)R2”To'(H)R2-66"
®Zoning Change From"(H)R3"To"(H)R2-66"
Q Zoning Change From"(H)R3"To"(H)R3-26"
Zoning To Remain"R2"
Adrian Foster,Mayor C.Anne Greentree,Municipal Clerk
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CONCES ION RO 3
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Bowmanvi Ile § ZBA 2013-0003
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