HomeMy WebLinkAboutPSD-007-16 Clarington
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Report
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Report To: Planning and Development Committee
Date of Meeting: January 11, 2016
Report Number: PSD-007-16 Resolution Number: ,
File Number: S-C-2014-0001 and ZBA2014-0004 By-law Number: ,.
Report Subject: Applications by South Bowmanville Ltd. for proposed Draft Plan of
Subdivision and Rezoning to permit 60 single detached dwellings
Recommendations:
1. That Report PSD-007-16 be received;
2. That the application for Draft Plan of Subdivision S-C-2014-0001 submitted by Weston
Consulting on behalf of South Bowmanville Ltd. be supported subject to conditions as
contained in Attachment 2 to Report PSD-007-16;
3. That the Zoning By-law Amendment application submitted by South Bowmanville Ltd.
be approved as contained in Attachment 3 to Report PSD-007-16;
4. That once all conditions contained in the 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 Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-007-16
and Council's decision; and
6. That all interested parties listed in Report PSD-007-16 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report PSD-007-16 Page 2
Report Overview
A 60 unit plan of subdivision is proposed on the west side of West Scugog Lane, near the
intersection of Mill Lane, just south of the Durham Christian High School. The lands are
currently designated for Urban Residential development in the Clarington Official Plan, the
valleylands surrounding Bowmanville Creek are designated for Environmental Protection and
are proposed to be dedicated to the Municipality.
1 . Application Details
1.1. Owner: South Bowmanville Ltd.
1.2. Applicant: Weston Consulting Group
1.3. Proposal:
Proposed Draft Plan of Subdivision: The proposed plan of subdivision includes:
• 60 lots for single detached dwellings
• 2 blocks for 3.63 ha of valleyland open space
• 1 block for servicing corridor/ walkway.
Rezoning: To rezone the lands from "Urban Residential
Type One (R1)" and "Holding—Urban Residential
Type One ((H) R1)" to appropriate zones to
permit the uses presented in the proposed draft
plan of subdivision. The Open Space blocks will
remain within the existing and expanded
"Environmental Protection (EP)" zone, the limits
of which have been specified through the results
of an Environmental Impact Study.
1.4. Area: 7.668 hectares
1.5. Location: The subject lands are located on the west side of
West Scugog Lane near the intersection with Mill
Lane, just south of the Durham Christian High
School, and are described as being within Part of
Lots 13 and 14, Concession 2, Bowmanville.
1.6 Within Built Boundary: No
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Long term stable top of slope
10m buffer from staked dripline
6m erosion access allowance
®Servicing Corridor
Single Family(11.3m): 14 lots
Single Family(12.0m): 28 lots
Single Family(13.5m+): 16 lots
Single Family(24.7m): 2 lots
60 lots
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Municipality of Clarington
Report PSD-007-16 Page 4
2. Background
2.1 On February 28, 2014 Staff received an application to amend Zoning By-law 84-63
along with an application requesting approval of a Draft Plan of Subdivision for the
development of 65 single detached dwellings. The application was incomplete at the
time as a Phase I Environmental Site Assessment had not been submitted. It was
submitted on April 25, 2014, completing the application.
2.2 To address technical comments provided by Staff and the Central Lake Ontario
Conservation Authority, the applicant prepared 4 additional submissions which resulted
in a reduction in the number of single detached dwellings from 65 to 60.
2.3 The applicant has submitted the following studies and reports in support of their
proposal which are described in Section 7:
• Environmental Impact Study
• Functional Servicing and Stormwater Management Report
• Soil Investigation and Slope Stability Study
• Noise Study
• Planning Justification Report
• Stage 1 and 2 Archaeological Assessment
• Traffic Impact Brief
• Tree Identification and Protection Plan
• Environmental Sustainability Plan
• Phase 1 Environmental Site Assessment
• Phase 2 Environmental Site Assessment
2.4 Land Characteristics and Surrounding Uses
The surrounding uses are as follows:
North: Durham Christian High School
South: Residential
East: Residential
West: Bowmanville Creek and associated valleylands
Municipality of Clarington
Report PSD-007-16 Page 5
Figure 2: Site Location
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I Provincial Policy
3.1. Provincial Policy Statement
The Provincial Policy Statement encourages planning authorities to create healthy
liveable and safe communities by accommodating an appropriate range and mix of
residential, employment, recreation, park and open space; and other uses to meet long
term needs. The most relevant policies relating to this application can be summarized
as follows:
• New development in settlement areas shall have a compact form, a mix of uses and
densities that allow for the efficient use of land, infrastructure and public services.
• A full range and mix of housing types and densities shall be provided to meet
projected requirements of current and future residents of the regional market area.
• A full range of built and natural settings for recreation including parks, open space
areas, trails and linkages are to be provided.
• Planning for infrastructure and public service facilities must be efficient and cost
effective while considering climate change impacts.
• Development and site alteration shall not be permitted in significant valleylands and
woodlands. Development adjacent to natural heritage features must demonstrate
Municipality of Clarington
Report PSD-007-16 Page 6
that there will be no negative impacts on the natural features or their ecological
functions.
• Development shall be directed to areas outside of hazardous lands adjacent to
rivers which are impacted by flooding and erosion.
The applicant has demonstrated consistency with the Provincial Policy Statement.
3.2. Provincial Growth Plan
The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas. Municipalities are encouraged to create
complete communities that offer a mix of land uses, employment and housing options,
high quality open space, and access to stores and services.
Growth is to be accommodated in transit-supportive communities to reduce dependence
on the automobile through the development of mixed use, pedestrian-friendly
environments. Growth shall also be directed to areas that offer municipal water and
wastewater systems. Municipalities should establish an urban open space system within
built up areas.
The subject lands are identified as 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 and jobs combined per hectare in the designated greenfield area
and is measured across the Region of Durham. The proposal is consistent with the
Growth Plan.
4. Official Plans
4.1. Durham Regional Official Plan
The subject property is designated "Living Areas" and "Major Open Space Areas" in the
Regional Official Plan. Lands located within the "Living Areas" designation are
predominantly to be used for housing purposes. Lands designated "Major Open Space
Areas" within urban areas are predominantly to be used for conservation purposes.
Key Natural Heritage and Hydrologic Features on and adjacent to the site require the
completion of an Environmental Impact Study for development in proximity to features.
4.2. Clarington Official Plan
The Clarington Official Plan designates the subject lands as Urban Residential. The
lands associated with the Bowmanville Creek are designated Environmental Protection
Area. The lands are within the Knox Neighbourhood, which has a population allocation
of 5350 and a housing target of 1950, 1350 of which are for low density units.
Municipality of Clarington
Report PSD-007-16 Page 7
The Environmental Protection Area designation reflects the location of the
Bowmanville Creek and valleylands along the west side of the property. Significant
woodlands are also present on the subject lands. An Environmental Impact Study was
prepared giving consideration to both features.
New development in established neighbourhoods is to be designed to respect and
reinforce the physical character having regard to the pattern of lots, streets and blocks,
the size and configuration of lots, building types of nearby properties, the height and
scale of buildings and the setback of buildings from the street, rear and side yards.
5. Zoning By-law
Zoning By-law 84-63 zones the subject lands "Urban Residential Type One (R1)",
"Holding Urban Residential Type One ((H) R1)" and "Environmental Protection (EP)".
A Zoning By-law amendment is required to implement the proposed amendment to draft
approval.
6. Summary of Background Studies
6.1 Planning Justification Report
The Planning Justification Report and subsequent addendums indicates that the
proposal will facilitate the development of the subject lands for residential and
complimentary open space uses consistent with the applicable planning policies. The
- Growth-Plan-requires a-minimum-density-target-of-not-less-than-50-residents-and-jobs
combined per hectare within the designated Greenfield area across Durham Region.
The proposed density of the proposal is 15.1 units per hectare and approximately 45
people and jobs per ha. The report recognized that there are other areas within
Bowmanville, Clarington and the Region of Durham which are to achieve an overall
density above 50 residents and jobs combined helping to achieve the balance of areas
with lower densities. The proposed residential development on the subject property
conforms-to-and-does-not-conflict-with-the-Growth-Plan TT-he-propos-aal-also-conforms-to
applicable Provincial, Regional and Municipal policies.
6.2 Phase 1 and 2 Environmental Site Assessments
The Phase 1 Environmental Site Assessment concluded that a Phase 2 Environmental
Site Assessment is required to evaluate the risk of soil or groundwater impact from the
historical use of the property as an orchard. The records relating to the former Jackman
Road Dump (Anderson's Waste Disposal Site) were assessed since it is within 250
metres of the subject lands. It was determined that because the former Jackman Road
Dump is down gradient from the proposed development it is not considered an area of
potential environmental concern.
The Phase 2 Environmental Site Assessment concluded that based on observations,
information collected and the present land use, there is a low level of concern from an
environmental perspective. The property is suitable for the proposal and no further
assessment or investigation is warranted.
Municipality of Clarington
Report PSD-007-16 Page 8
6.3 Functional Servicing and Stormwater Management Report
Existing sanitary, watermain and stormwater systems can accommodate the proposed
development.
6.4 Stage 1 and 2 Archaeological Assessment
No archaeological material or sites were located during the course of the archaeological
assessment of the property. No further archaeological assessment is required.
6.5 Traffic Impact Brief
The proposed development traffic impacts are minimal and can be accommodated
without triggering any physical road improvements to the adjacent road network.
6.6 Environmental Noise Assessment
The Environmental Noise Assessment recommended the provision for adding air
conditioning for the lots that flank West Scugog Lane. Warning clauses are also
recommended for the 8 lots closest to West Scugog Lane to address traffic noise.
6.7 Soil Investigation and Slope Stability Study
The slope stability study determined the Long Term Stable Top of Slope location which
combined with the results of the Environmental Impact Study determined the
development limits-along-the-Bowmanville-Creel-Valley—The-study informed-the
Functional Servicing and Stormwater Management Report to restrict surface sheet flow
and concentrated flows from draining onto the valley slope, minimizing degradation of
the slope due to surface water erosion. There are numerous geotechnical
recommendations that will inform the detailed Engineering Design of the site.
6.8 Environmental Impact Study
The Environmental Impact Study determined an appropriate buffer to the significant
woodland which combined with the Long Term Stable Top of Slope determines the
development limits for the proposal. The study concluded that there will be no
significant impact on the Environmental Protection Area, significant woodland or the
significant valleyland provided the mitigation measures and recommendations are
implemented. Among other items, the study recommends installation of a chain link
fence on the rear of the lots without gated access to the adjacent valleylands;
production of a homeowners guide to educate future residents about the significance of
the valley features; and the requirement for a planting plan consisting of native tree and
shrub species within the open space block area in the vicinity of the proposed lots.
6.9 Tree Identification and Protection Plan
The Tree Identification and Protection Plan prepared by Jody Steiger had been revised
based on the advice of Urban Forest Innovations Inc. retained by the Municipality to
Peer Review the original report. The plan recommends the removal of trees that are
Municipality of Clarington
Report PSD-007-16 Page 9
either situated too close to proposed roads or development features, are in poor
condition, or have been infested with the emerald ash borer beetle. The trees to be
removed that are in good condition are proposed to be replaced at a ratio of 2:1 for a
total of 58 new trees.
7. Public Submissions
7.1 A Public Meeting was held on January 4, 2015. Public Notice was given by mail to each
landowner within 120 metres and a public meeting notice was installed on each street
frontage of the subject property.
7.2 On September 30, 2015 a Public Information Centre was held to introduce the revised
proposal to residents, and to gather additional input from the public. Approximately 20
residents attended, 4 of which provided detailed comments.
7.3 Through submissions, delegations at the January 12, 2015 Council Meeting, and
comments collected at the Public Information Centre residents have expressed the
following concerns:
• Access to the valley prior to, and after development.
• Loss of recreational use (well worn path to ravine, dog walking, tobogganing).
• Loss/disruption of wildlife habitat.
• Damage to and removal of trees, due to the installation of a silt fence which also
disrupted phone, cable and alarm systems.
• Tree protection hoarding installed on neiahbourina oronPrtv ar s was removed
• Removal of quality trees.
• Trees damaged in previous storms located in proposed Open Space Block have
fallen onto eaves trough and there are trees leaning over buildings on adjacent
property.
• The silt fence should be removed until construction begins to provide access to the
valley. It is also viewed as an eyesore.
-- - *---Encroachment a a shed-at-308-VVest gcunon-I an?---
• New houses surrounding existing property on 3 sides not providing enough distance
between homes.
• Privacy and security of existing residential lots, cost of fencing.
• Fencing between the lots and the Durham Christian High School.
• View into existing yards.
• Proposed road adjacent to rear yard means that people will see down into yard and
have access to yard. Increased traffic, pollution and noise immediately behind
property with no buffer between the proposed road.
• Traffic, parking, nuisance of lights exiting Street A shining into home on the opposite
side of West Scugog Lane.
• Parking spilling onto Mill Lane which is narrow and concern access would be
blocked.
• Concern the change in elevation and drainage will affect wells, septic systems and
basements on Mill Lane.
Municipality of Clarington
Report PSD-007-16 Page 10
• Fitting with the character on Mill Lane and the proposed widening of Mill Lane which
is a narrow Lane that would not accommodate additional traffic or sidewalks.
• Affect on property value.
• Concern with overall growth and development in Bowmanville.
These comments are addressed in section 10 — Discussion.
8. Agency Comments
8.1 Region of Durham Planning and Economic Development Department
In previous comments, the Region encouraged municipal staff ensure that the overall
density of the Neighbourhood Planning Area is being satisfied with respect to the
minimum density requirements of the Regional Official Plan and the Provincial Growth
Plan.
The Region reviewed the revised Phase 1 and 2 Environmental Site Assessments. The
Phase 1 Environmental Site Assessment identified areas of potential environmental
concern and potentially contaminating activities on the site, as it was historically used as
an orchard. Further environmental work was undertaken and the Phase 2
Environmental Site Assessment concluded that the site is suitable for residential
development. The Region is also in receipt of a signed Reliance Letter and Certificate
of Insurance which is acceptable to the Region. A Record of Site Condition is not
required.
The Region will require, as a condition of draft approval, that the appropriate excerpts of
the Noise Report be included in the Municipality of Clarington's subdivision agreement.
Subject to conditions provided, the Region has no objection to draft approval of the plan.
8.2 Central Lake Ontario Conservation Authority
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rt#y#as-ad-v-ised that a'! reports and
drawings submitted present sufficient information with regards to the development
constraints (hazard lands and natural heritage features), site grading & servicing and
overland drainage in order for the Central Lake Ontario Conservation Authority to issue
conditions of draft approval. Through detailed design, the Conservation Authority will
require site specific information such as stormwater management, grading, drainage,
servicing and erosion and sediment controls. Although there are items that will need to
be addressed, it is staff's opinion that these items can be addressed through
engineering submission to fulfil the conditions of draft approval.
8.3 Kawartha Pine Ridge District School Board
The School Board indicated that pupils generated by the proposal will attend Charles
Bowman Public School (K-8) and Bowmanville High School (9-12).
Municipality of Clarington
Report PSD-007-16 Page 11
8.4 Utilities and Canada Post
Bell Canada, Enbridge Gas, Veridian, Rogers Cable and Canada Post offered no
objections and provided standard conditions for inclusion in the subdivision agreement.
9. Departmental Comments
9.1 Emergency and Fire Services
No fire safety concerns were identified.
9.2 Operations Services
The applicant will be required to have a certified arborist review the conditions on Block
61 Open Space and prune any branches or remove any trees that are diseased, in
decline, or dead prior to dedication of the lands to the Municipality.
Discussions with Engineering Services were held regarding the creation of a servicing
block on the northern portion of lots 53 and 57 and it was agreed to the associated
maintenance requirements of the walkway.
9.3 Engineerinq Services
The Engineering Services department supports the approval of this proposal.
The applicant will he required to revise the plan to include a servicing block for an
overland flow route on the northern portion of lots 53 and 57. The block will also include
water and sanitary services and a 1.5 metre walkway connecting Street `B" to Mill Lane.
The Soil Investigation and Slope Stability Study has been reviewed and accepted. The
findings and recommendations will need to be incorporated into the Detailed Design
phase of the project.
Aside from a minor edit which has been provided to the applicant, no concerns were
raised with the Functional Servicing and Stormwater Management Report.
The applicant provided an expanded analysis in their Traffic Impact Brief Addendum
which is acceptable.
10. Discussion
10.1 Policy Conformity
Through addendums to the Planning Justification Report, the applicant has
demonstrated consistency with the 2014 Provincial Policy Statement and conformity
with the Growth Plan and regional and municipal policies. The Planning Justification
Report reviewed the Land Use and Neighbourhood maps for the Bowmanville Urban
Area in the Clarington Official Plan to enhance discussion on the housing mix that is
Municipality of Clarington
Report PSD-007-16 Page 12
provided in the area surrounding the proposed development. Although the proposal
consists of only single detached homes, there are locations identified for medium
density within the Knox neighbourhood south of the proposal at Scugog Street and
Longworth Avenues and north of the lands at Concession Road 3 and Regional Road
57. It was recognized that the proposal will not achieve 50 residents and jobs per
hectare, however, as the target is measured across the entire designated Greenfield
areas for the Region, there would be adequate areas designated to achieve densities
above the target that balance areas with lower densities. The lower density proposal
will provide for an appropriate transition of built form and uses to the existing low density
development surrounding the site.
10.2 Design and Layout
The applicant has adjusted the configurations of the lots for a more regular pattern. For
lots that have shallow depths, siting plans and lot area calculations were provided to
demonstrate that a dwelling could be sited without the need for additional minor
variances to the proposed zoning in the future. A minor edit to a provision to specify the
maximum garage width of 4 metres applies to lots with frontages less than 11.3 metres
is proposed (see Attachment 3).
At the suggestion of the Engineering Services Department, the applicant eliminated a
proposed cul-de-sac that was proposed on the east side of the plan in the area where
Mill Lane intersects with West Scugog Lane. This provided for a better lot pattern and
the reduction in roadway infrastructure, while maintaining the same number of lots. The
lots that front onto Mill Lane were increased in size to provide frontages which are
proposedconsistent with existing lots on Mill Lane. The conditions of draftapproval
contained in Attachment 2 requires the servicing corridor (see Figure 1) to be conveyed
as a block to the Municipality that will also include a 1.5 metre walkway connection
between Mill Lane and the proposed Street that is parallel to Mill Lane.
The revised layout has also resulted in a reduction of the number of lots that abut
existing lots on West Scugog Lane and Mill Lane from 9 to 5. As is normally the case
to address privacy concerns.
10.3 Open Space
Residents had expressed that they have been enjoying the applicant's property for
informal recreational use and access to the Bowmanville Creek Valley over the years
and are concerned that the access will be restricted by the development. The applicant
had installed silt fence in the vicinity of the development limits during December 2014
which temporarily blocks access to the valley. The applicant has indicated that the silt
fencing, which has been damaged and needs to be replaced, can be removed pending
the timing of approvals and on-site works.
The Open Space Blocks which are the white areas within the development limits (see
Figure 1) will be transferred to the Municipality. These lands will be zoned
Environmental Protection to recognize the environmental attributes identified by the
Environmental Impact Study and Slope Stability Analysis. These lands will not be
Municipality of Clarington
Report PSD-007-16 Page 13
formally programmed for parks purposes; however residents will not be restricted in
accessing these areas for passive recreational use where they front on the proposed
public streets.
The proposed Official Plan and the proposed Clarington Transportation Master Plan,
identifies a trail that will connect to the existing trail in the Bowmaville Creek Valley,
installed as part of the Valley 2000 project. The trail will travel through the balance of
the valley lands north of downtown Bowmanville through the area of the proposed
subdivision and beyond the Bowmanville Urban Area. Both plans are subject to Council
approval. This development will dedicate to the Municipality the lands for a future trail
location.
10.4 Wildlife Habitat
The Environmental Impact Study and subsequent addendums indicate that
development of the property will not have a significant impact of the environmental
protection area of the subject property and adjacent lands including the significant
woodland or significant valley lands. The Open Space Block, portions of which had been
farmed, will benefit from additional native plantings which will assist in the naturalization
of the former agricultural field.
10.5 Drainage
Residents noted a concern that the change in elevation and drainage will affect wells,
septics and basements on Mill Lane.
The Stormwater Management Report demonstrates that the post development drainage
will match the pre-development drainage patterns. The existing storm drainage is
conveyed overland to either Bowmanville Creek or towards existing West Scugog Lane.
The proposed development will include a storm sewer to convey minor storm events via
Scugog Street to the Jackman Storm Water Management Facility before discharging to
the Bowmanville Creek. Major flows will be conveyed through the new road network,
fflne. t&.o th—e intersection of Scugog Street an
is
proposal will remove the overland flow, which currently drains into the rear yards of the
lots on Mill Lane. Both the Engineering Services Department and Central Lake Ontario
Conservation Authority are satisfied with the proposed grading and drainage plans.
10.6 Traffic and Parking
The proposed development contemplates 60 lots, which will not have a significant
impact on parking or traffic along adjacent streets. As stated in the Traffic Impact Brief,
the proposed traffic volumes anticipated to be generated by the subject development
can be accommodated by the existing road network with acceptable levels of service
and minimal delays. A local road connection (Street A) will not create unacceptable
levels of impact for the dwellings on West Scugog.
A Parking Plan was provided that meets the Municipality's requirements for on-street
parking. The applicant has also agreed to withdraw their request to reduce the number
of outdoor parking spaces from 2 to 1.
Municipality of Clarington
Report PSD-007-16 Page 14
10.7 Tree Preservation
The Tree Identification and Protection Plan recommended removing all trees that have
been damaged and/or are a threat to damaging adjacent property and fences which
should alleviate concern by one resident that indicated trees from the proposed Open
Space Block had affected his eaves troughs and were leaning over other structures on
his property. A condition requiring assessment of the trees in the Open Space Block is
included in the Conditions of Draft Approval (Attachment 2). Trees that are damaged, in
decline or are dead will require trimming or removal based on the advice of a certified
Arborist.
The Tree Identification and Protection Plan documented all trees that are required to be
removed for construction and are dead or in poor condition. This plan was modified
based on the advice of a Peer Review consultant retained by the Municipality. Of the
60 trees recommended for removal, 26 were identified as being in poor condition.
There are 29 trees identified as being in good or fair condition proposed for removal.
The Arborist has recommended that a compensation for the removal of good and fair
trees be replaced at a ratio of 2:1, which results in 58 new trees. The conditions of
approval will require the preparation of a planting plan that will detail where the
compensation trees will be planted. Another condition relating to the requirement for an
Environmental Sustainability Plan requires the inclusion of a shade tree or the provision
for a voucher from a local nursery to allow the new home owner to acquire a shade tree.
Staff has questioned the need to ieniuve good and fair trees in the vicinity of Lota
fronts onto Mill Lane. A proposed condition of draft approval has been included that
requires the preparation of an enlarged preservation plan for the lot that will limit the
driveway width to 6 metres, employ alternative construction techniques, and siting of the
house to preserve as many of the boulevard trees as possible.
In December 2014, the applicant installed a silt fence which involved trenching around
proximity to the base of a number of trees on site and had severed roots. The applicant
was asked to prepare a Tree Remediation Plan as it had not yet been determined which
trees could be removed and which ones had to be preserved. Once the Tree
Remediation Plan was reviewed and accepted by Planning, Engineering, the Central
Lake Ontario Conservation Authority, and the Peer Review Consultant, the applicant
was authorized to complete the recommended remediation works which involved:
• Cleanly cutting exposed roots
• Covering exposed roots with native soil
• Applying mulch
• Aerating soils damaged by machinery
• Irrigation
• Testing soils to determine if there are any nutrient deficiencies and fertilizing
accordingly.
Municipality of Clarington
Report PSD-007-16 Page 15
These works were completed in the early fall of this year. Hoarding had been installed
around a tree at the south east corner of 306 West Scugog Lane through this process
the grass was also removed. The applicant was asked to reinstate the grass which is
now complete.
10.8 In order to address the encroachment of a shed roof from 306 West Scugog Lane, the
applicant has agreed to create a block that will be transferred to the property Owner
through the registration of the plan of subdivision. This requirement is contained in the
proposed Conditions of Draft Approval (Attachment 2).
10.9 The applicant has provided concurrence with the attached Conditions of Draft Approval.
10.10 Taxes payable to the Municipality of Clarington are currently up to date.
11 . Concurrence
Not Applicable
12. Conclusion
In consideration of the findings of all supporting studies, comments received from
circulated departments and agencies, submissions from area residents, and review of
the proposal, staff recommends support of the Conditions of Draft Approval (Attachment
2) and approval of the ZoningBy-law (Attachment 3)
13. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan
Submitted by: Reviewed by:
rZ
Da id . Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Tracey Webster, Senior Planner, 905-623-3379 ext. 2415 or
twebster(aD-clarington.net
Attachments:
Attachment 1: Proposed Draft Plan of Subdivision
Attachment 2: Conditions of Draft Approval
Attachment 3: Zoning By-law Amendment
The list of interested parties is available in the Planning Services Department.
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Attachment 2 to
Municipality of Clarington Report PSD-007-16
CONDITIONS OF DRAFT APPROVAL
FILE NO.: S-C-2014-0001
DATE: December 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-2014-0001 prepared by Weston Consulting identified as
file number 6040 (drawing D8), dated February 12, 2014, revised September
23, 2015, which illustrates 60 lots for single detached dwellings, 2 blocks for
Open Space and blocks for road widenings.
The redline revisions are:
1. The Municipality requires a servicing corridor for the overland flow route to be
designated as a block. The block is to include the water, sanitary, storm and
overland flow services; and a 1.5 metre sidewalk. The width of the block can be
less than the entire width of the easement to account for adequate setbacks for
lot 53. The design of the block is subject to the approval of the Municipality of
Clarington and the Region of Durham.
2. The Owner is to provide a block to be dedicated to the owner of 306 West
Scugog Lane to accommodate a shed encroachment.
3. Straighten the front lot line of Lot 3-2 and include a block for a 0.3 metre resei-ve-
adjacent of the rear lot line of 46 Mill Lane.
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
-onditionsof-the=Municipality'sstendard-subdivision-a reemeres ectin - he
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.clarin.qton.net/en/do-business/resources/application-
forms/subdivision-agreement.pdf
2.2 The Owner shall name all road allowances included in the draft plan to the
satisfaction of the Municipality 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 any architectural
design guidelines specific to this development, as well as 100% of the cost
for the "Control Architect" to review and approve all proposed models and
building permits, to the satisfaction of the Director of Planning Services.
(2) No residential units shall be offered for sale to the public on the draft plan
until such time as architectural control guidelines and the exterior
architectural design of each building has been approved by the Director of
Planning Services.
(3) No building permit shall be issued for the construction of any building on
any residential lot or block on the draft plan, until the architectural control
guidelines for the development and the exterior architectural design of
each building and the location of the building on the lot has been approved
by the Director of Planning Services.
Marketing and Sales
2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and
surrounding land uses. The Land Use Plan shall be in a format approved
by the Director of Planning Services.
(2) The Owner shall erect and maintain a sign on the development site and/or
in the sales office which shows the Land Use Plan as approved by the
Director of Planning Services.
(3) The Owner shall submit its standard Agreement of Purchase and Sale to
the Director of Planning Services which includes all warning clauses/
notices prior to any residential units being offered for sale to the public.
Site Alteration
2.6 Draft plan approval does not give the Owner permission to place or dump fill or
remove fill from, or alter the grade of any portion of the lands within the draft
plan. The Owner shall be required to obtain a permit from the Municipality under
Site Alteration By-law 2008-114, as amended, for any such work. If any portion
of the lands are within-an_area-r_egulated_by a-conservation-authority-�the Owner
sha" obtain a permit frorn the coi iservation autho,ity in addition to oblairling
Ow -
ing
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 Soil Management
Plan contained in the 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 upon registration of the final plan:
(a) Street 'A'
(b) Street `B'.
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 3 metre road widening across the entire frontage of West Scugog
Lane shown as Block 63 on the draft plan.
• A 4 metre road widening across the entire frontage of Mill Lane shown
as Block 64.
(b) Servicing Corridor as described in redline revision 1.
(c) Easements
• An easement over the Block subject to redline revision 1 on the draft
plan.
(e) Reserves
• A 0.3 metre reserve shown as Blocks 65 and 66 on the draft plan.
• A 0.3 metres reserve as described in redline revision 3.
(f) Open Space Lands as shown in Blocks 61 and 62 on the draft plan.
3.3 The Owner shall transfer to the Owner of 306 West Scugog Lane, the block
described in redline revision 2.
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:
Tree Preservation Plan
(1) The Owner shall submit an update to the Tree Identification and Protection
Plan Prepared by Jody Steiger, dated October 11, 2015 based on the
preliminary lot grading plan to the satisfaction of the Director of
Engineering Services and the Director of Planning Services. The plan
must include an enlarged plan for lot 58 which must be sited to preserve
as_many_of-the-good-and-fair-trees-alo-q-theeJM H -L-ane bo :;rH_qq
possible. T!ie d,iveway foi this lot is to be limitedo6 metres maximum
width; the use of alternative construction techniques must be employed;
and the house must be sited in a manner to save as many of the
boulevard-trees as possible. No trees shall-be removed until the Director
of Engineering Services issues an Authorization to Commence.
Planting Plan
(2) The Owner shall submit a planting plan for the Open Space Block 61
prepared by a qualified landscape architect to the satisfaction of the
Director of Engineering Services, Director of Planning Services and the
Central Lake Ontario Conservation Authority. The plan must include the
replacement trees recommended by the revised Tree Identification and
Protection Plan. The plan shall use only native species of trees, shrubs
and herbaceous plants and be designed to include only species
indigenous to the local area. The Open Space Block is to be treated in a
manner that will require no/limited future maintenance.
Phasing Plan
(3) The Owner shall submit plans showing the proposed phasing to the
Municipality and the Region for review and approval if this subdivision is to
be developed by more than one registration. The Phasing Plan must show
how the roads and associated infrastructure within each phase are
intended to connect to subsequent phases of development, including the
provision of temporary or transitional works such as temporary turning
circles, external easements for temporary turning circles, and associated
frozen lots. The Phasing Plan must also show any impacts of the
temporary or transitional works such as earth fill, earth cut, retaining walls,
grading or other necessary works required to accommodate the temporary
or transitional work. The Municipality shall require the preparation of a
subdivision agreement for each phase of development.
Noise Report
(4) The Owner shall submit to the Director of Engineering Services, the
Director of Planning Services and the Region, for review and approval, an
updated noise report, based on the preliminary noise report entitled
Environmental Noise Assessment prepared by YCA Engineering Limited,
dated February 19, 2014 Project No. Y1335 and the addendum dated
September 2015.
Functional Servicing
(5) The Owner shall submit an updated Functional Servicing and Stormwater
Management Report satisfactory to the Director of Engineering Services
and Central Lake Ontario Conservation Authority. Appendix E must
include all addendums to the "Soil Investigation and Slope Stability Study"
prepared by Soil Engineers Ltd.
Soil-investigation-and-Slope-Stability Study
(6) The Owner shall submit an update of the "Soil Investigation and Slope
Stability Study" satisfactory to the Director of Engineering Services and
the Central-Lake Ontario Conservation-Authority.—The-Engineer that
prepared the Study must provide a letter confirming that the Functional
Servicing and Stormwater Management Report, and the Soils
Management Plan conform to the recommendations contained within the
"Soil Investigation and Slope Stability Study" and subsequent addendums.
Community Theme Plan
(7) 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, location and configuration
of trails and open space buffers. All Engineering Drawings shall conform
with the approved Community Theme Plan.
Environmental Sustainability Plan
(8) The Owner shall submit an update of the Environmental Sustainability
Plan based on the preliminary Environmental Sustainability Plan, prepared
by Cassidy & Co. Architectural Technologists Inc., dated October 15,
2015, 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
(9) 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.
Part 5 —SPECIAL TERMS AND CONDITIONS TO BE INCLUDED IN THE
SUBDIVISION AGREEMENT
Environmental Impact Study
.1 T e_Qwner agreesto imn al manf f�fAll�Wl�l '�^^ nmendaflons eenta r e
Final Environmental Impact Study prepared by Niblett Environmental Associates
Inc., dated November 2014, and subsequent addendum dated February 17,
2015:
1) A heavy duty silt and snow fence be installed and maintained along the
development limit (10 m setback from dripline and property line, prior to any
site preparation activities.
2) The silt fence be regularly inspected and maintained as necessary until
works are completed and the soil stabilized with vegetation.
3) Grading of the site and removal or addition of fill be restricted to the area
outside the setback fencing and the 10 m woodland buffer. Functioning
sediment control measures must be in place prior to and during the
construction phase, and remain in place until all bare or exposed soils have
become stabilized (i.e. vegetated).
4) Prior to any land clearing, a sediment and erosion control plan shall be
prepared for the site preparation, construction and post construction period to
prevent negative impacts on the watershed.
5) No stockpiles, brush, stumps or other construction materials or vehicles are
permitted outside the developable area.
6) Schedule grading to avoid times of high runoff volumes (spring and fall).
7) Obtain relevant permits from Central Lake Ontario Conservation and MNR.
8) No refueling of vehicles or storage tanks be located within the buffer zones.
9) Time clearing of vegetation outside of the May 1st-July 31st timing window
for breeding birds as per Environment Canada guidelines.
10) A planting plan for the buffer should be prepared by a qualified landscape
architect. The plan should use only native species of trees, shrubs and
herbaceous plants and be designed to include only species indigenous to the
local area. A native upland meadow seed mix be applied to the buffer area,
where necessary as part of the landscape plan.
11) A permanent chain link fence be installed on the rear of the lots without
gated access to the adjacent valleylands, as per municipal requirements and
it is further recommended that a homeowner's environmental guide be
prepared which discusses the significance of the valley feature.
12) Topsoil stockpile be located a minimum of 50 m from the top of bank and be
surrounded by silt fencing.
13) To protect the fish community of Bowmanville Creek we recommend the
adherence to the Environmental Protection Area designation outlined in
Schedule 3 (Bowmanville) Zoning By-Law 84-63 Map 3G, (MoC, 2012).
Parkland
5.2 The Owner shall pay the Municipality an amount in lieu of conveying land for park
or other public recreational purposes under section 5.1. of the Planning Act,
R.S.O. 1990, c.P.13. The Owner acknowledges that this amount, represents 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-2014-
0001.
Noise Attenuation
5.3 (1) The Owner shall implement the noise attenuation measures recommended in the
noise report entitled Environmental Noise Assessment prepared by YCA
Engineering Limited and dated February 19, 2014, the addendum dated
September 29, 2015 (the "Noise Report"), and any updated as required in
Section 4.1(4).
(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.
Existing Structures
5.4 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.
Sidewalks
5.5 (1) The Owner shall construct a platform to receive a future municipal sidewalk
on the west side of West Scugog Lane across the frontage of this development to the
satisfaction of the Director of Engineering.
(2) The Owner shall construct a 1.5 metre sidewalk through the servicing corridor
identified in redline revision 1.
Open Space Block
5.6 The Owner shall retain a certified arborist to review the condition of Open Space Block
61 and prune any branches or remove any trees that are diseased or dead prior to the
dedication of the Open Space Blocks to the Municipality of Clarington.
Fencing
5.7 The Owner shall install along all residential lot lines that are common with the Durham
Christian High School property, a 1.8 metre high with 50 mm wire mesh consisting of 6
gauge black vinyl over 9 gauge galvanized chain link fence that is situated 150 mm
within the school site. The 1.8 metre high black vinyl coated galvanized chain link fence
may be a lower height only if required to comply with the Municipality's Zoning By-law
and Standard Drawing C-507. The chain link fence shall be installed by the Owner
simultaneously with the topsoil and sodding of the abutting residential lots having the
common lot line with the Durham Christian High School property.
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) 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.
(5) The Owner shall carry out an Archaeological assessment of the subject property
and mitigation and/or salvage excavation of any significant heritage resources to
the satisfaction of the Ministry of Tourism and Culture. No grading or other soil
disturbance shall take place on the subject property prior to a clearance letter from
the Ministry of Tourism and Culture.
6.2 Conservation Authori y
(1) Prior to any on-site grading or construction or final approval of the Plan, the Owner
shall-submit-and-obtain-approval-froTr th -Munic�lity ofGlaring on and-the
Central Lake Ontario Conservation Authority for reports describing the following:
(a) The intended means of controlling and conveying stormwater flow from the
site, including use of stormwater techniques which are appropriate and in
accordance with the provincial guidelines;
(b) The intended means of providing water quality treatment for the site in
accordance with provincial guidelines;
(c) The means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with the
provincial guidelines. The report must outline all actions to be taken to
prevent an increase in the concentration of solids in any water body as a
result of on-site or other related works; and
(d) Details on the types and use of Low Impact Development (LID) measures to
be implemented within the development to assist in reducing stormwater
runoff and encouraging infiltration.
(2) That, the Open Space Blocks 61 and 62 be designated with a protective zoning
and be dedicated to the Municipality of Clarington.
(3) That, the owner shall submit for review and approval to the Central Lake Ontario
Conservation Authority and the Municipality of Clarington, a Landscape /
Restoration Plan for the Open Space Block 61. The landscaping plan will be
implemented as part of the development of the site and will consist of native non-
invasive species.
(4) That the owner shall install 1.5 m high 6 gauge black vinyl coated with 9 gauge
galvanized chain link non-gated fencing to meet Standard Drawing C-507 along
the boundary of the Open Space Block 61, where the boundary is adjacent to
residential lots, to the satisfaction of'the Central Lake Ontario Conservation
Authority and the Municipality of Clarington.
(5) That, the Owner agrees to implement all recommendations contained within the
'Environmental Impact Study' completed by Niblett Environmental Associates Inc.,
dated November 2014 and the Addendum documents dated February 17, 2015
and May 29, 2015 be incorporated into the design of the development.
(6) That, the Owner agrees to implement all recommendations contained within the
'Soil Investigation and Slope Stability Study' completed by Soil Engineers Ltd.,
dated January 2014 and the Addendum documents dated May 29, 2014,
December 5, 2014, February 4, 2015 and June 24, 2015 .
(7) 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 appiuved Authority Fee Schedule.
(8) The subdivision agreement between the Owner and the Municipality of Clarington
sha H-cont , ter , the following pluvibi
a. The Owner agrees to carry out the works referred to in Condition 6.2 (1), (2),
(3), (4), (5) and (6) 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 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 Canada Post Corporation
(1) The Owner shall satisfy the following requirements of Canada Post Corporation and
the Municipality with respect to the provision of mail delivery to the Subdivision
Lands and the provision of community mailbox locations, as follows:
(a) The Owner shall advise Canada Post as to the excavation date for the first
foundation/first phase as well as the date development work is scheduled to
begin.
(b) If applicable, the Owner shall ensure that any street facing installs have a
pressed curb or curb cut.
(c) The Owner shall advise Canada Post as to the expected first occupancy date
and ensure the site is accessible to Canada Post 24 hours a day.
(d) The Owner will consult with Canada Post and the Municipality to determine
suitable permanent locations for the Community Mail Boxes. The Owner will
then indicate these locations on the appropriate servicing plans.
(e) The Owner agrees, prior to offering any units for sale, to display a map on the
wall of the sales office in a place readily accessible to potential homeowners
that indicates the location of all Community Mail Boxes within the
development, as approved by Canada Post.
(f) The Owner will provide a suitable and safe temporary site for a Community
Mail Boxes upon approval of the Municipality (that is levelled with appropriate
sized patio stones and free of tripping hazards), until curbs, sidewalks and
final grading are completed at the permanent locations. Canada Post will
provide mail delivery to new residents as soon as the homes or units are
occupied.
(g) Owner agrees to provide the following for each Community Mail Boxes and to
ne'ude these recruirernents on the. appropriate servicing plans (if applicable):
i) Any required walkway across the boulevard, per municipal standards;
and
ii) Any required curb depressions for wheelchair access, with an opening
of at least two meters (consult Canada Post for detailed
specifications).
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, easements will be provided at no cost to the utility provider. Proposed
easements are not permitted on lands owned by the Municipality unless it can be
demonstrated that there is no other alternative. Such easements must not impede
the long term use of the lands and will be at the discretion of the Director of
Engineering Services.
(3) The Owner shall cause all utilities, including hydro, telephone, and cable television
within the streets of this development to be installed underground for both primary
and secondary services.
Part 7 — STANDARD NOTICES AND WARNINGS
7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots
informing the purchaser of all applicable development charges in accordance with
subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27.
7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the
Municipality's standard subdivision agreement in Agreements of Purchase and Sale for
all Lots or Blocks.
7.3 The Owner shall include the following notices and warning clauses in Agreements of
Purchase and Sale for the Lots or Blocks to which they apply:
Noise Report
(1) The Owner shall include the following notice in the Agreements of Purchase and
Sale for Lots 1-5, 57, 58 and 60:
Purchasers are advised that sound levels due to increasing road traffic and
adjacent schools may occasionally interfere with some activities of the dwelling
occupants as the sound levels will exceed the Ministry of Environment's noise
criteria.
(2) The Owner shall include the following notice in the Agreements of Purchase and
Sale for Lots 1 and 60:
This dwelling unit has been fitted with a forced air heating system and the
ducting etc. was sized to accommodate central air conditioning. Installation of
central-air_conditioning-b_y_the_occupant_will_allow_windows_and exterior door_s
to remain closed, thereby ensuring that the indoor sound levels are within the
Municipality's and the Ministry of the Environment's noise criteria. (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).
Schools
Purchasers and tenants of lots 1 to 16 inclusive, are notified of the location of a
school on adjacent lands and such school activity may give rise to noise and
traffic.
Chain Link Fencing
The Owner shall include the following notice in the agreements of purchase and sale for Lots 1
to 16:
Chain Link Fencing— Chain link fencing is a required feature between this lot
and the adjacent school. This fencing is located on the school land and will be
maintained by the school after the developer has been released from any further
responsibility for the fence.
Canada Post Corporation
The Owner shall include the following notice in the agreements of purchase and sale for all lots:
Mail Service - Purchasers are advised that Canada Post intends to service this
property through the use of community mailboxes that may be located in several
locations within this subdivision.
Part 8 - CLEARANCE
8.1 Prior to final approval of the plan for registration, the Municipality's Director of Planning
Services shall be advised in writing by,
(a) the Region how Conditions 1, 2.2, 4.1(3), 4.1(4), 5.3, 6.1 and 7.3 have been
satisfied; and
(b) the Central Lake Ontario Conservation Authority, how Condition 6.2 has 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.
Attachment 3 to
Municipality of Clarington PSD-007-16
Corporation of the Municipality of Clarington
By-law 2016-
being a By-law to amend By-law 84-63
Whereas the.Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, for ZBA 2014-0004;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. By-law 84-63 is amended as set out in Sections 2 through 4 of this By-law.
2. By adding the following to Section 12.4.71:
"Special Yard Regulations
h) Bay windows with foundations may project into any required yard to a
distance of not more than 0.75 metres with the bay window having a
maximum width of 3.0 metre, but in no instance shall be interior side yard
be reduced below 0.6 metres."
3. Section 13.4.57 g. ii) is replaced as follows:
"The outside width of the garage shall be a maximum of 4 metres for lots with
frontage less than 11.3 metres"
4. Schedule '3' to By-law 84-63, as amended by changing the zone designation
from:
"Urban Residential T-ypeOne_(R1)-Zone" to "Holding - Urban-Residential
Exception ((H)R1-71) Zone";
"Urban Residential Type One (R1) Zone" and "Holding - Urban Residential Type
One ((H)R1) Zone" to "Holding - Urban Residential Exception ((H)R2-54) Zone";
"Holding - Urban Residential Type One ((H)R1) Zone" to "Holding - Urban
Residential Exception ((H)R2-55) Zone";
"Holding - Urban Residential Type One ((H)R1) Zone" to "Holding - Urban
Residential Exception ((H)R2-57) Zone"; and
"Holding Urban Residential Type One ((H)R1) Zone" to "Environmental
Protection (EP) Zone";
as illustrated on the attached Schedule W.
4. 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 , 2016
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2016- , passed this day of , 2016 A.D.
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Zoning Change From"R1"To"(H)R1-71"
Zoning Change From"R1"And "(H)R1"To"(H)R2-54"
® Zoning Change From"(H)R1"To"(H)R2-55"
® Zoning Change From"(H)R1"To"(H)R2-57"
Zoning Change From"(H)R1"To"EP"
Adrian Foster,Mayor BOWMANVILLE • ZBA 2014-0004 • Schedule 3
Y C.Anne Greentree,Municipal Clerk