HomeMy WebLinkAboutPSD-018-16 adv N On
Planning Services
Report
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Report To: Planning and Development Committee
Date of Meeting: February 22, 2016
Report Number: PSD-018-16 Resolution:
File Number: S-C 2015-0003, ZBA 2015-0025 By-law Number: 1 , �0—D Ic
Report Subject: Applications by Lanarose Properties Ltd. (The Kaitlin Group) to
permit 4 single detached dwellings and 1 block for 5 townhouses in
Bowmanville
Recommendations:
1. That Report PSD-018-16 be received;
2. That the application for Draft Plan of Subdivision S-C 2015-0003 submitted by Lanarose
Properties Ltd. be supported, subject to conditions as contained in Attachment 2 of
Report PSD-018-16;
3. That the Zoning By-law Amendment application submitted by Lanarose Properties Ltd. be
approved as contained in Attachment 3 of Report PSD-018-16;
4. That once all Conditions of Draft Approval and requirements of the Official Plan with
respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the
removal of the (H) Holding Symbol be approved;
5. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD-018-16 and
Council's decision; and
6. That all interested parties listed in Report PSD-018-16 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD -018-16 Page 2
Report Overview
Lanarose Properties Ltd. is proposing to develop 4 single detached lots and 1 block for 5
townhouse units with a single access on Green Road. The subject site is approximately 200
metres south of the intersection of Durham Highway 2 and Green Road in Bowmanville.
Development of these lands will also connect Bonathon Crescent and permit the development
of an additional 9 single family dwellings on lots and blocks in 2 registered Plans of
Subdivision.
1. Application Details
1.1 Owner: Terrance Kelsey and Phillis Dorene Kelsey
1.2 Applicant Lanarose Properties Ltd.
1.3 Proposal: Draft Plan of Subdivision
4 single detached dwellings and 1 block for 5 townhouse units with
a single access.
Zoning By-law Amendment:
Change the current zoning on the lands from "Agricultural (A)"
Zone to an appropriate zone to permit the proposed development.
1.4 Area: 0.4 hectares
1.5 Location: On the west side of Green Road, approximately 200 metres south
of the intersection of Durham Highway 2 and Green Road, being
1654 Green Road, Part Lot 17, Concession 1, former Township of
Darlington (see Figure 1).
1.6 Within Built Boundary: Yes
Municipality of Clarington
Report PSD -018-16 Page 3
Figure 1: Subject site and surrounding uses
2. Background
2.1 On November 6, 2015, Lanarose Properties Ltd. (The Kaitlin Group) submitted
applications for a Draft Plan of Subdivision and rezoning for 4 single detached dwellings
and 1 block for 5 townhouse units with a single access onto Green Road. The Public
Meeting for the applications was January 11, 2016.
2.2 The applicant has purchased the lands at 1654 Green Road. The proposed draft plan will
connect the northern and southern portions of Bonathon Crescent, and allow access to 7
lots in registered plan 40M-1907 and 2 lots in registered plan 40M-2140 in addition to the
4 single detached lots proposed in the new draft plan. The 9 lots in previously registered
plans of subdivision are zoned to allow single detached dwellings. The proposed
townhouse block fronts onto Green Road and is similar to the townhouse units to the
south, which consists of 3 blocks each with 5 townhouse units on a single private access
road. (Figure 2).
Municipality of Clarington
Report PSD -018-16 Page 4
Figure 2 — Green Road Townhomes on Private Lane
3. Land Characteristics and Surrounding Uses
3.1
The site gently slopes in a south-easterly direction. A single detached dwelling and
accessory building situated on the property which will be demolished to accommodate the
proposed development (see Figures 2 and 3).
Figure 3: Southern portion of Bonathon Crescent facing north
Municipality of Clarington
Report PSD -018-16 Page 5
Figure 4: Subject site - 1654 Green Road
3.2 The surrounding uses are as follows:
North: 6 dwelling units currently under construction in registered plan 40M-2529
South: Townhouse units and 2 vacant lots in 40M-2125
East: Green Road and beyond that commercial
West: Vacant blocks in registered plan 40M-1907, beyond that existing residential
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement encourages planning authorities to create healthy livable
and safe communities by accommodating an appropriate range and mix of residential,
employment, recreational and open space uses to meet long term needs. New
development shall occur adjacent to built-up areas, taking advantage of existing and
planned infrastructure, shall have compact form, and a mix of uses and densities.
4.2 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
Municipality of Clarington
Report PSD -018-16 Page 6
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.
The proposed draft plan of subdivision is the logical completion of Bonathon Crescent
and infill on Green Road. The development allows for the efficient use of land,
infrastructure and public services.
4.3 The subject applications are consistent with the Provincial Policy Statement and the
Growth Plan.
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Region Official Plan designates the subject lands as Living Area. Lands
designated as Living Area permit the development of communities with defined
boundaries, incorporating the widest possible variety of housing types, sizes and tenure
to provide living accommodations that address various socio-economic factors. The
proposed development is permitted within the Living Area.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands Urban Residential. There is also
a Medium Density Symbol in the vicinity of the proposed townhouse units. The lands are
within the Darlington Green Neighbourhood, which has a population allocation of 3350
and a housing unit target of 1350 including 725 low density units, 375 medium density
units, 125 high density units and 125 units for intensification.
The Low Density designation allows a density of 10 to 30 units per net hectare and the
predominant form of housing is single and semi-detached units. Medium Density
designation allows for 31 to 60 units per hectare and the predominant form of housing are
townhouse, triplex/quadruplex and low rise apartments.
Green Road is a Type B Arterial. Type B Arterials are designed to move significant
volumes of traffic at moderate speeds from one part of the municipality to another. Type
B Arterial Roads shall have a right-of-way width ranging between 30 to 36 metres and
have limited private accesses. One access to the 5 townhouse units will limit the number
of access points on Green Road. The extension of Bonathon Crescent, when complete
will be a local road.
Municipality of Clarington
Report PSD -018-16 Page 7
6. Zoning By-law
Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned
"Agricultural (A)". A zoning by-law amendment is required in order to implement the
proposed Plan of Subdivision.
7. Summary of Background Studies
7.1 Phase I Environmental Site Assessment Geo -logic Inc. November 2012
The Report concluded that the site has a low level of concern from an environmental
perspective and is suitable for residential lot development based on the Environment Site
Assessment.
7.2 Noise Impact Study, D.G Biddle & Associates, October 2015
The units within Block 5 must be constructed with forced air system and ducting, sized to
accommodate a central air conditioning unit. This will allow the homeowner the option of
installing central air conditioning should they wish to mitigate noise from traffic. The
appropriate warning clauses will be required in the Agreements of Purchase and Sales,
advising homeowners of potential noise generated by traffic on Green Road.
7.3 Functional Servicing Report (FSR) D.G Biddle & Associates, October 2015
The sanitary sewer system and the water supply system can accommodate the proposed
development. Similarly existing storm sewer infrastructure can accommodate storm water
from the development.
7.4 Archaeological Site Assessment, The Land Archaeology, November 2015
A Phase 1 and Phase 2 Archaeological Site Assessment determined that there are no
archaeological concerns on site.
7.5 Traffic Impact Brief, Tranplan Associates, September 2015
The impact of additional traffic from the proposed development on Bonathon Crescent
and Boswell Drive is negligible. The impact from the townhouses on Green Road will
also be negligible.
8. Public Meeting and Submissions
8.1 A Notice of Public Meeting was held January 11, 2016.
Holloway Holdings, the owner of the commercial lands to east provided a written
statement stating no objection provided that a warning clause is added to the Agreements
of Purchase and Sale advising prospective homeowners of the existing commercial lands
and the possibility of future office/commercial development on the Green Road frontage
of the commercial parcel between Highway 2 to Prince William Drive. A representative
appeared at the Public Meeting to reiterate their request.
Municipality of Clarington
Report PSD -018-16 Page 8
No other comments have been received.
9. Agency Comments
9.1 The Region of Durham Planning and Economic Development Department states that the
lands are designated as Living Area and shall be used predominantly for housing
purposes and accommodate a full range of housing opportunities at higher densities by
intensifying and redeveloping into existing areas, particularly along arterial roads. The
proposed development is permitted by the regional official plan as it supports infill
development within the urban area.
The proposal is consistent with the Provincial Policy Statement, as it is consistent with
healthy, liveable and safe communities by accommodating an appropriate mix of
residential dwelling types.
The subject lands are within the Built-up Area of the Growth Plan. This Plan includes
policies to direct development to settlement areas, and provide direction for intensification
targets within Built-up Areas. The proposal provides for a variety of residential forms
which will provide for intensification within an existing residential area and is consistent
with the Growth Plan.
A Stage 1 & 2 archaeological assessment was completed and did not identify any
archaeological resources or sites requiring further assessment. No further work is
required for this site.
The Phase 1 Environmental Site Assessment (ESA), states that no further site
investigation is required. The Region will require the owner to extend reliance to the
Region to enable the Region for rely on the findings of the Phase 1 ESA by completing
the Reliance Letter and Certificate of Insurance.
The Noise Impact Study requires warning clauses be imposed to include the provision of
optional central air conditioning for the lots fronting onto Green Road.
Regional Services
Municipal water supply and sanitary sewers are available to all the lots on the extension
of Bonathon Crescent.
Municipal water supply and sanitary sewers are available to the 5 townhouse units on
Green Road.
Transportation
In order to minimize conflicts between the proposed vehicular access off Green Road for
the townhouse development and the existing vehicular access across the street serving
the commercial development, the proposed access should be situated on the north side
of the subject property.
Municipality of Clarington
Report PSD -018-16 Page 9
9.2 Kawartha Pine Ridge District School Board has no objection to the proposal however
requests sidewalks be constructed on proposed roads to link to existing sidewalks.
9.3 The Central Lake Ontario Conservation Authority are satisfied with the Functional
Servicing and Stormwater Management Report and offered no objection to the proposal
subject to the Conditions of Draft Approval.
9.4 Enbridge Gas and Hydro One offered no objection.
10. Departmental Comments
10.1 Engineering Services
The Engineering Services Department has no objection to this proposal, however did
offer the following comments.
The Lot Grading Plan to support the application is generally satisfactory
The Functional Servicing and Stormwater Drainage Report satisfactorily provides for
water, sanitary and storm sewer services on Bonathon Crescent (which all connect
to existing services to the north and to the south) and for the townhouses on Green
Road. The Engineering Services Department finds the report to be acceptable. The
report demonstrates that this development is in compliance with the Westside Creek
Master Drainage Plan in terms of drainage and stormwater quality and quantity.
A Traffic Impact Brief assessed the impact of the proposed development of the new
lots on Bonathon Crescent on the surrounding road network as well as the impact of
the development of the townhouses on Green Road. The consultant concluded that
"the increase in new traffic levels are still well within the available capacity designed
for Boswell Drive and Bonathon Crescent" and that the impact is "very minor".
Further "the increase in new traffic levels on Green Road are still well within the
available capacity designed for Green Road" and the impact of the townhouses on
Green Road is "negligible".
The On -Street Parking Plan is acceptable to staff.
A 5.00 metre road widening to be dedicated to the Municipality is required on Green
Road.
The construction access for the subject development will be located on Green
Road. Building permits will not be available for the townhouse block on Green Road
until all construction on Bonathon Crescent is substantially complete. Any final
decision regarding the timing for building permits shall be made solely at the
discretion of the Director of Engineering Services.
The applicant will be required to provide an appropriate cash contribution in lieu of
the normal parkland dedication.
Municipality of Clarington
Report PSD -018-16 Page 10
11. Discussion
11.1 The proposed draft plan is a logical infill for this neighbourhood. It will connect and
complete the Bonathon Crescent road network and allow for development of blocks and
lots in registered plans of subdivision in addition to the 4 new proposed single detached
dwellings. All lots will have 12 metres of frontage which is consistent with the frontages
on the southern portion of Bonathon Crescent. The townhouse units, fronting on Green
Road, will be consistent with the townhouse development to the south. There will be one
common entrance off of Green Road with each owner having an easement to access
each lot and for maintenance purposes. The municipality will not plough snow or
maintain the private driveway or entrance.
11.2 In May 2013, the draft plan of subdivision and rezoning for the lands immediately north of
the subject site, now known as Connors Court were approved. Area residents were
concerned with construction traffic on existing portions of Bonathon Crescent and Boswell
Drive. During construction of Connors Court, staff made every effort to ensure there was
minimal disruption to existing residents by routing construction traffic from Green Road.
Only in certain circumstances, such as the installation of municipal services was
construction traffic permitted to use Boswell Drive and existing portions of Bonathon
Crescent. The same considerations will be made with respect to ensuring minimal
disruption to existing residents during the construction process.
11.3 The applicant will be required to add a notice in Agreements of Purchase and Sale
advising purchasers of possible future office commercial and residential proposals at
higher densities and/or increased building heights in the vicinity of the Green Road
frontage and along Highway 2.
11.4 The applicant has provided concurrence with the attached Conditions of Draft Approval
11.5 All taxes payable to the Municipality of Clarington have been paid in full.
12. Conclusion
In consideration of the findings of all supporting studies, comments received from
circulated agencies and area residents, and based on review of the proposal, staff
recommends that the Conditions of Draft Approval (Attachment 2) and Zoning By-law
(Attachment 3) be approved.
Municipality of Clarington
Report PSD -018-'16
4 9 Submitted by:
D vi J. Crome, MCIP, RPP
Director of Planning Services
Noe 11
Reviewed by (
Franklin Wu,
Chief Administrative Officer
Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or
cstrike(a-),clarington. net
Attachments:
Attachment 1 - Draft Plan of Subdivision
Attachment 2 - Conditions of Draft Approval
Attachment 3 - Zoning By-law Amendment
List of interested parties to be notified of Council's decision is on file in the Planning Services
Department,
Terrance Kelsey
Phillis Dorene Kelsey
Kelvin Whalen, Lanarose Properties Ltd.
Michael Carswell, D.G. Biddle & Associates
Robert Hann
Beth Kelly
CSIC P/tg
Attachment 1 to
Municipality of Clarington Report PSD -018-16
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Attachment 2 to
Municipality of Clarington Report PSD -018-16
Conditions of Draft Approval
File No.: S -C-2015-0003
Date: February 8, 2016
Part 1 - PLAN IDENTIFICATION
1. The Owner shall prepare the final plan and shall include a land use table on the basis of
approved draft Plan of Subdivision S -C-2015-0003 prepared by D.G. Biddle & Associates
identified as job number 114101, dated November 6, 2015, which illustrates 4 lots for
single detached dwellings, 1 block for 5 townhouse units, a road widening and a partial
road allowance (future extension of Bonathon Crescent).
Part 2 — GENERAL
2.1 (1) The Owner shall enter into a subdivision agreement with the Corporation
of the Municipality of Clarington (the "Municipality") that contains all of the terms
and conditions of the Municipality's standard subdivision agreement respecting
the provision and installation of roads, services, drainage, other local services
and all internal and external works and services related to this plan of
subdivision. A copy of the Municipality's standard subdivision agreement can be
found at http://clarington.net/documents/planning/subdivision-agreement-
feb2014.pdf
(2) The Owner acknowledges that the subdivision agreement shall include all lands
situated in Draft Plan of Subdivision S -C 2015-0003, Lots 1 and 2 in 40M-2125
and Blocks 52 to 58 (inclusive) and Block 65 in 40M-1907 (partial road
allowance).
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 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
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 and shall be in accordance with the approved soils
management plan required by Condition 4.1(5).
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) Block 7, (partial road allowance for Bonathon Crescent).
(b) Block 65 of 40M-1907 (partial road allowance for bonathon Crescent).
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 5.0 metre road widening across the entire frontage of Green Road shown as
Block 6 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:
Phasing Plan
(1) The Owner agrees that this draft plan shall proceed in one phase.
Noise Report
(2) The Owner shall submit to the Director of Engineering Services, the Director of
Planning Services and the Region, for review and approval, an updated noise
report, based on the preliminary noise report entitled, "Noise Impact Study for
Bonathon Crescent Extension Municipality of Clarington prepared by D.G. Biddle &
Associates, dated October 2015, Project No. 114101."
Functional Servicing
(3) The Owner shall submit an updated Functional Servicing Report satisfactory to the
Director of Engineering Services and Central Lake Ontario Conservation for review
and approval. The Functional Servicing Report's Master Grading Plan must clearly
demonstrate that there will be no impact on adjacent lands as a result of this
development.
Environmental Sustainability Plan
(4) The Owner shall submit an Environmental Sustainability Plan to the satisfaction of
the Director of Planning Services. Such plan shall identify the measures that the
Owner will undertake to conserve energy and water in excess of the standards of
the Ontario Building Code, reduce waste, increase recycling of construction
materials and utilize non-toxic, environmentally sustainable materials and finishes.
The plan shall include the location of a shade tree, or provision for a voucher from a
local nursery to allow the purchaser to acquire a shade tree to provide passive solar
gain during the various seasons.
Soils Management Plan
(5) 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
Parkland
5.1 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 1 hectare per 300 units
and shall be based on the value of the Lands as of the day before the approval of draft
Plan of Subdivision S -C-2015-0003.
Noise Attenuation
5.2 (1) The Owner shall implement the noise attenuation measures recommended in the
updated noise report entitled "Noise Impact Study prepared by D.G. Biddle &
Associates and dated October, 2015" (the "Noise Report").
(2) The Owner shall not make an application for a building permit for any building on
the Lands until an acoustic engineer has certified that the plans for the building are
in accordance with the Noise Report.
Construction Access
5.3. The Owner agrees that the construction access for the subject development will be
located on Green Road. Furthermore, the Owner acknowledges that building permits will
not be available for the Block 5 on Green Road until all construction on Bonathon
Crescent is substantially complete. Any final decision regarding the timing for building
permits shall be made solely at the discretion of the Director of Engineering Services.
Block 5
5.4 (1) Block 5 shall be developed as a single block with a single access onto Green
Road and shared private lane, parallel to Green Road. The access shall be located
as for north as possible.
(2) Prior to the registration of the 40M Plan, the Owner shall prepare the appropriate
reference plan identifying the access and Janeway ensuring that each landowner in
Block 5 will have access to their respective unit. An access easement shall be
registered on title for each unit and shall state that each landowner is responsible
for maintenance of the access and private laneway including, but not limited to,
snow removal and pavement repair, as well as maintenance of the boulevard grass
and trees.
Completion of Bonathon Crescent
5.5 The Owner shall be responsible for 100% of all costs, financial and otherwise, associated
with the completion of Bonathon Crescent. The Owner will be responsible for the
completion of all connecting roadwork including the removal of all existing temporary
measures such as turning circles and barricades. The Owner will also be responsible for
100% of the cost of completing all municipal roads, sidewalks, street trees and street
illumination on Bonathon Crescent. Any final decision regarding the extent of the works
required will be made solely at the discretion of the Director of Engineering Services and
will be included as a condition in the subdivision agreement.
Existing Service Stubs
5.6 The Owner agrees to utilize the existing service stubs for the new lots on Bonathon
Crescent.
Road Damage Deposit
5.7 The Owner shall provide a $2,000 road damage deposit for Bonathon Crescent and a
$2,000 road damage deposit for Green Road.
Existing Structures
5.8 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.
Sidewalk
5.9 The Owner shall co-ordinate the installation of the sidewalk on the west side of Green
Road with the Engineering Services Department.
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) All land dedications, easements, sight triangles and reserves as required by the
Region for this development must be granted to the Region free and clear of all
encumbrances and in a form satisfactory to the Region's Solicitor.
(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) Prior to final approval, the Owner is required to submit an Updated Phase One
Environmental Site Assessment Report that is Record of Site Condition Compliant.
The Owner must also provide a completed Regional Reliance Letter and Certificate
of Insurance in support of the Phase One Environmental Site Assessment Report.
Alternatively, a signed Record of Site Condition may be submitted to the Ministry of
Environment and Climate Change. Should a Record of Site Condition be filed, the
Region will require a copy of the Record of Site Condition and any other supporting
documentation, including Ministry of Environment and Climate Change's
Acknowledgement Letter.
(6) The Owner shall agree in the Clarington Subdivision Agreement to implement the
recommendation of the report entitled "Noise Impact Study for Bonathon Crescent
Extension Municipality of Clarington, prepared by D.G. Biddle & Associates, dated
October 13, 2015, which specifies noise attenuation measures for the development.
These measures shall be included in the 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 any required warning clause identified in
the study.
6.2 Conservation Authority
(1) Prior to any on-site grading or construction of final registration of the Plan, the
Owner shall submit and obtain approval from the Municipality of Clarington, and the
Central Lake Ontario Conservation Authority for reports describing the following:
(a) The intended means of controlling and conveying stormwater flow from the
site, including use of stormwater techniques which are appropriate and in
accordance with the provincial guidelines and the West Side Creek Master
Drainage Plan.
(b) The intended mean 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.
(2) The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing Fees and
Technical Review Fees as per the approved Authority Fee Schedule.
(3) The subdivision agreement between the Owner and the Municipality of Clarington
shall contain, among other matters, the following provisions:
(a) The Owner agrees to carry out the works referred to in Condition 6.2 (1) and
(2) to the satisfaction of the Central Lake Ontario Conservation Authority.
(b) The Owner agrees to maintain all stormwater and erosion and sediment
control structures and measures operating and in good repair during the
construction period, in a manner satisfactory to the Central Lake Ontario
Conservation Authority.
(c) The Owner agrees to advise the Central Lake Ontario Conservation Authority
48 hours prior to the commencement of grading or initiation of any on-site
works.
6.3 Ministry of Culture, Tourism and Sport
(1) No demolition, grading or other soil disturbances shall take place on the lands prior
to the Ministry of Culture, Tourism and Sport confirming that potential adverse
impact to the archaeological resources identified in the archaeological assessment
prepared by The Land Archaeology Inc., and dated November 3, 2015 have been
addressed through measures such as preservation, resource removal, licensing and
resource conservation requirements.
6.4 Canada Post Corporation
(1) The Owner shall satisfy the following requirements of Canada Post Corporation and
the Municipality with respect to the provision of mail delivery to the Subdivision
Lands and the provision of community mailbox locations, as follows:
(a) The Owner shall advise Canada Post as to the excavation date for the first
foundation/first phase as well as the date development work is scheduled to
begin.
(b) If applicable, the Owner shall ensure that any street facing installs have a
pressed curb or curb cut.
(c) The Owner shall advise Canada Post as to the expected first occupancy date
and ensure the site is accessible to Canada Post 24 hours a day.
(d) The Owner will consult with Canada Post and the Municipality to determine
suitable permanent locations for the Community Mail Boxes. The Owner will
then indicate these locations on the appropriate servicing plans.
(e) The Owner agrees, prior to offering any units for sale, to display a map on the
wall of the sales office in a place readily accessible to potential homeowners
that indicates the location of all Community Mail Boxes within the
development, as approved by Canada Post.
(f) The Owner will provide a suitable and safe temporary site for a Community
Mail Boxes upon approval of the Municipality (that is levelled with appropriate
sized patio stones and free of tripping hazards), until curbs, sidewalks and final
grading are completed at the permanent locations. Canada Post will provide
mail delivery to new residents as soon as the homes or units are occupied.
(g) Owner agrees to provide the following for each Community Mail Boxes and to
include these requirements on the appropriate servicing plans (if applicable):
i) Any required walkway across the boulevard, per municipal standards;
and
ii) Any required curb depressions for wheelchair access, with an opening of
at least two meters (consult Canada Post for detailed specifications).
6.5 Utilities
(1) The Owner shall coordinate the preparation of an overall utility distribution plan that
allows for the safe installation of all utilities including the separation between utilities
to the satisfaction of the Director of Engineering Services.
(2) All utilities will be installed within the proposed road allowances. Where this is not
possible, easements will be provided at no cost to the utility provider. Proposed
easements are not permitted on lands owned by the Municipality unless it can be
demonstrated that there is no other alternative. Such easements must not impede
the long term use of the lands and will be at the discretion of the Director of
Engineering Services.
(3) The Owner shall cause all utilities, including hydro, telephone, and cable television
within the streets of this development to be installed underground for both primary
and secondary services.
Part 7 — STANDARD NOTICES AND WARNINGS
7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots
informing the purchaser of all applicable development charges in accordance with
subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27.
7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of 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 to 4 and Block 5 :
Purchasers are advised that sound levels due to increasing road, the railway and
existing/proposed commercial development may interfere with some activities of the
dwelling occupants as the sound levels will exceed the Ministry of Environment and
Climate Changes noise criteria.
(2) The Owner shall include the following notice in the Agreements of Purchase and
Sale for Lots 1 to 4 and Block 5:
Purchasers are advised that despite the inclusion of noise abatement features
within the development area, noise levels from future traffic may be of concern,
occasionally interfering with some activities of the dwelling occupants as the noise
level will exceed the Ministry of Environment and Climate Change's Noise Criteria.
(3) The Owner shall include the following notice in the Agreements of Purchase and
Sale for Lots 1 to 4, Block 5:
This dwelling unit was fitted with a forced air heating system and the ducting
etc. sized to accommodate a central air conditioning unit. The installation of
central air conditioning by the homeowner will allow windows and exterior doors
to be kept closed, thereby achieving indoor sound levels within the limits
recommended by the Ministry of the Environment and Climate Change. (Note:
The location and installation of the outdoor air conditioning device should be
done so as to comply with noise criteria of Ministry of Environment and Climate
Change publication NPC -216, Residential Air Conditioning Devices and thus
minimize the noise impacts both on and in the immediate vicinity of the subject
property).
Future Development
"Land in proximity to this plan of subdivision may be rezoned to allow for future
development including commercial, office uses and residential uses with higher
densities and multiple storeys."
Canada Post Corporation
The Owner shall include the following notice in the agreements of purchase and sale for all
lots:
Mail Service - Purchasers are advised that Canada Post intends to service this
property through the use of community mailboxes that may be located in several
locations within this subdivision.
Part 8 - CLEARANCE
8.1 Prior to final approval of the plan for registration, the Municipality's Director of Planning
Services shall be advised in writing by,
(a) the Region how Conditions 2.2, 4.1(1), 4.1(2) and 6.1 and 6.3 have been satisfied;
(b) Central Lake Ontario Conservation how Condition 4.1(3) and 6. 2 have been
satisfied; and
(c) Canada Post, how Conditions 6.4 have been satisfied.
Part 9 - NOTES TO DRAFT APPROVAL
9.1 Terms used in these conditions that are not otherwise defined have the meanings given
to them in the Municipality's standard subdivision agreement.
9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions
of draft approval in an expeditious manner. The conditions of draft approval will be
reviewed periodically and may be amended at any time prior to final approval. The
Planning Act provides that draft approval, may be withdrawn at any time prior to final
approval.
9.3 If final approval is not given to this plan within three (3) years of the draft approval date,
and no extensions have been granted, draft approval shall lapse and the file shall be
closed. Extensions may be granted provided valid reason is given and is submitted to the
Director of Planning Services for the Municipality of Clarington well in advance of the
lapsing date.
9.4 Where an agency requirement is required to be included in the Municipal subdivision
agreement, a copy of the agreement should be sent to the agency in order to facilitate
their clearance of conditions for final approval of this plan. The addresses and telephone
numbers of these agencies are:
(a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623,
Whitby, Ontario L1 N 6A3 (905) 668-7721.
(b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario
LIH 3T3 (905) 579-0411.
(c) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor
Scarborough ON, M1 P 5A1
Municipality of Clarington
Attachment 3 to
Report PSD -018-16
Corporation of the Municipality of Clarington
By-law 2016 -
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2015-0025;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Agricultural (A) Zone" to "Holding- Urban Residential Type Two (H) (R2) Zone"
and
"Agricultural (A) Zone" to "Holding -Urban Residential Type Three (H) (R3) Zone"
as illustrated on the attached Schedule `A' hereto.
2. Schedule `A' attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
By -Law passed in open session this day of '2016
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2016- , passed this day of , 2016 A.D.
BONATHON CRESC�
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CONNORS COURT
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Adrian Foster, Mayor Bowmanville • ZBA 2015-0025 • Schedule 3 C. Anne Greentree, Municipal clerk