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HomeMy WebLinkAboutPSD-022-16 Clad ngton Planning services Public Meeting Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102 Report To: Planning and Development Committee Date of Meeting: March 14, 2016 Report Number: PSD-022-16 Resolution: ( tr File Number: 18T-95030, ZBA 2014-0033 By-law Number: �1 —C),6D, Report Subject: Applications by Averton Group to develop 207 residential units in Apple Blossom Neighbourhood, Bowmanville Recommendations: 1. That Report PSD-022-16 be received; 2. That the application for an amendment to a Draft Approved Plan of Subdivision and amendment to Zoning By-law 84-63, submitted by Averton Group to permit a total of 57 residential units on the north side of Elephant Hill Drive continue to be processed and that a subsequent report be prepared; 3. That the application for amendment to Draft Approved Plan of Subdivision submitted by Averton Group for 150 residential units on the south side of Elephant Hill Drive be supported subject to conditions as contained in Attachment 2 of Report PSD-022-16; 4. That the Zoning By-law Amendment application submitted by Averton Group be approved as contained in Attachment 3 of Report PSD-022-16; 5. That once all conditions contained in 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; 6. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-022-16 and Council's decision; and 7. That all interested parties listed in Report PSD-022-16 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -022-16 Page 2 Report Overview This report is recommending approval of an application by Averton Group to amend Phase 1 of Draft Approved Plan of Subdivision and rezoning to permit 129 single detached dwelling and 21 street townhouse units on those lands located south of the future extension of Elephant Hill Drive in Bowmanville. The Municipality is seeking public comments on Phase 2 of a proposed amendment to Draft Approved Plan of Subdivision and rezoning to permit 2 single detached dwellings and 55 street townhouse units on those lands located north of the future extension of Elephant Hill Drive in Bowmanville. 1. Application Details 1.1 Owner: Averton Group 1.2 Proposal: This report addresses two site related proposals within the same draft approved plan of subdivision: Phase 1 — Revisions to Draft Approval, south of Elephant Hill Drive, recommended for approval. Amendment to Draft Approval i) Remove all semi/link units (total of 6); ii) Replace the 12 metres lots with 10.8, 12.2, 13.5 and 15 metres for single detached dwellings; iii) Add a walkway Total Number of 150 units consisting of 129 single detached units and 21 street townhouse units. Amendment to the Zoning By-law i) To reflect the proposed amendment to the draft approved plan; ii) To increase the lot coverage from 40% to 45% for single detached units; iii) To permit a bungaloft with 50% lot coverage; iv) To allow various changes in the setbacks: 6 metres to the garage, 4 metres to the dwelling and 2 metres to the porch for exterior and front yards and 0.6 metre on one side and 1.2 metres on the other for the interior side yard; v) To increase the height of the porch deck from 1 metres to 1.6 metres; and Municipality of Clarington Report PSD -022-16 Page 3 vi) To increase the height of the dwelling from 10. 5 metres to 11 metres. Area of Phase 1 = 9.34 hectares Phase 2 — Public Meeting on a proposal for the development of lands in a Future Development block on the north side of Elephant Hill Drive. Amendment to Draft Approval i) Revise boundary of the draft plan to include additional lands -land ii) Remove Future Development Block and replace with 2 single detached dwellings and 55 street townhouses for a total of 57 units. Amendment to the Zoning By-law i) To increase lot coverage from 50% to 55% for townhouses; ii) To allow various changes in the setbacks: 6 metres to the garage, 4 metres to the dwelling and 2 metres to the porch for exterior and front yards; iii) To increase the height of the porch deck from 1 metres to 1.6 metres; and iv) To increase the height of the dwelling from 10.5 metres to 11 metres. Area of Phase 2 = 2.7 hectares 1.3 Total Area: 12.04 hectares 1.4 Location: West side of Mearns Avenue, 600 metres north of Concession Street and south of the Canadian Pacific Railway, being Part Lot 9, Concession 2, former Town of Bowmanville (See Figure 1). Roll No: 1817-020-060-10805 1.5 Within Built Boundary: Yes Municipality of Clarington Report PSD -022-16 Page 4 FLDAll 2 r Figure 1: Property Location of Entire Draft Plan 2. Background 2.1 In August 19, 1996 the Region of Durham issued approval for a draft plan subdivision for 192 units, consisting of 118 single detached dwellings, 42 semi/link units and 32 street townhouse units. The Region of Durham did not include expiry dates in conditions of draft approval (see Figure 2). 2.2 In 2000, the Region of Durham delegated authority to the Municipality of Clarington with respect to plans of subdivision. Municipality of Clarington Report PSD -022-16 Page 5 Figure 2: Original Draft Approved Plan -1996 2.3 In 2011, the conditions of draft approval were amended by only adding an expiry date of three years to October 2014. 2.4 Averton acquired the lands just prior to the October 2014 expiry date for the draft plan. Under delegated authority, the Director of Planning Services extended draft approval and amended the draft plan by including an alternate second access onto Mearns Avenue which changed some lots and placed the lands north of Elephant Hill Drive in a Future Development Block. This reduced the number of units to 152. The conditions of draft approval were also amended to include current study requirements, notices and warnings (see Figure 3). Municipality of Clarington Report PSD -022-16 Page 6 0 0 O m m � 4 Single Detached Dwellings, Legend 28 Semi/Link Units And 8 Townhouse Units Replaced Q Limits of Draft Plan (2014) With Future Development Block Areas With Changes �\O�� j z r\o'P U) s ) - �Qe Of Z FLLI ELEPHANT HILL DRIVE SPRUCEWOOD C MADDEN PLACE STREET'S' 4 Townhouse Units 124 m Replaced By 6 w Townhouse Units MADDEN PLAC d STRLET'B' Yj 31 N „ 6 Townhouse Units ,o I Replaced By 3 Single Units AMPLING CT'—� 1 HUTTON PLACE STREET'A' _ ■— New Intersection At q 1 Mearns Avenue N Remove Future L IRELAND STREET Window Street Figure 3: Amendment to Draft Approval 2014 2.5 On December 22, 2014 Averton submitted applications for further amendments to draft approval and rezoning for only those lands south of Elephant Hill Drive, Phase 1. The number of units has been reduced to 150; 129 single family dwellings and 21 townhouse units. The proposed rezoning requested increased lot coverage and reduced front and side yard setbacks consistent with current design standards. Through the review of the detailed engineering drawings further changes to the draft plan were required. Steep road grades required the removal of a portion of Street `A', between Street `13' and Elephant Hill Drive and replaced it with a pedestrian walkway as well as adjustments to the lotting pattern. Municipality of Clarington Report PSD -022-16 Page 7 2.6 The applicant was able to purchase triangular blocks of land abutting the west limits of the proposal on either side of Elephant Hill Drive, at the west limit of the plan and incorporate them in the draft plan limits. The blocks were created through the registration of plan 10M-830. These lands have always been intended to be developed in conjunction with the subject lands. 2.7 In August 2015, the applicant submitted a further amendment to draft approval for the Future Development Block, on the north side of Elephant Hill Drive, proposing 2 single detached dwellings and 55 street townhouses fronting onto Elephant Hill Drive as well as on a new internal street, (Goldsborough Crescent), being Phase 2. 2.8 Now that the major engineering issues have been resolved, Staff are recommending draft approval of Phase 1, while recommending that the Phase 2 lands be referred back to staff for continued processing and a subsequent report (See Figure 4). Y v Legend C N rn 0 New Limits of Draft Plan IL Phase 1 �q ® Phase 2 � O G 5 � v �� �� w :D VE Future Development Block �o - w Replaced With 2 Single Detached Seo— ti am Q Dwellings and 55 Townhomes n _ w m Q •� ,\ ELEPHANT HILL DRIVE SPRUCEWODDG I9III MADDEN PLACE LYLEowVE Lands Added to Draft Plan Limits LYLE DRIVE MADDEN PLACE IJJ Portion of Lyle Drive w IIIA [ I � I i (Former Street "A") - -- - Replaced With LYLE ©RIVE HUTTON PLACE Pedestrian Connectiion Six Linked Units Replaced With IRELAND STREET HUTTON PLA NAC HI 5 Singles J J ,� S 26k 20144433 Figure 4: Proposed Amendments to Draft Approved Plan Municipality of Clarington Report PSD -022-16 Page 8 2.9 The changes in the lot types within the draft plan of subdivision over the years are shown on Figure 5. It should be noted that the 2014 amendment had the Future Development Block. Distribution of lots by frontage and type Canadian Pacific Railway and beyond Urban residential Single detached units Semi- Townhouse Total West - Urban residential detached/link units units 10.8m 12.0m 13.5m I 15.0m 18.0rnT 20.0m 6.0m 7.0m 1996 Draft 108 8 2 30 12 32 192 Approval 2014 Amendment 104 8 5 8 6 21 152 to Draft Approval 2016 Proposal 10 107 8 6 21 55 207 both phases Figure 5: Changes in lot distribution between 1996, 2014 and 2015 3. Land Characteristics and Surrounding Uses 3.1 The lands are at a significantly higher elevation at the north-west and abutting the railway then slope downward to the south-east corner. There are trees on the mid- section and along the southern property boundary Ireland Street. The Averton Sales office is situated on Mearns Avenue (see Figure 6). Figure 6: Sales Office under construction looking west from Mearns Avenue 3.2 The surrounding uses are as follows: North - Canadian Pacific Railway and beyond Urban residential South - Urban residential East - Urban residential West - Urban residential Municipality of Clarington Report PSD -022-16 4. Provincial Policy 4.1 Provincial Policy Statement Page 9 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. Some relevant policies are: New housing is to be directed to locations where infrastructure and public services are or will be available. 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. Infrastructure and public service facilities shall be provided in a coordinated, efficient and cost effective manner. 4.2 Provincial Growth Plan The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Bowmanville Urban Area. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. In particular: • 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 the built up areas. • Municipalities must accommodate residential development within the built up area. 4.3 This plan of subdivision is on a vacant parcel in the urban area. It is surrounded by other residential development, schools, parks and commercial uses. Water, stormwater and sanitary services are constructed to the site's perimeter. The development allows for the efficient use of land, infrastructure and public services. The subject applications are consistent with the Provincial Policy Statement and the Growth Plan. Municipality of Clarington Report PSD -022-16 5. Official Plans 5.1 Durham Regional Official Plan Page 10 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 designation. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as Urban Residential, with a Medium Density Symbol at the north east corner of Elephant Hill Drive and Mearns Avenue. The lands are within the Apple Blossom Neighbourhood, which has a population allocation of 4750 and a housing target of 1650, including 225 medium density units and 125 units for intensification. The Low Density designation allows a density of 10 to 30 units per net hectare and predominant form of housing are single and semi-detached units. The Medium Density designation allows for density of 31 to 60 units per hectare while the predominant form of housing are townhouses, quadraplexes and triplexes or low rise apartments. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands "Holding -Urban Residential Type One ((H) R1)", "Holding -Urban Residential Exception ((H)R1-20), "Holding -Urban Residential Type Two ((H) R2)", "Holding -Urban Residential Exception ((H)R2-9), "Holding Urban Residential Type One ((H) R3)", "Holding -Urban Residential Exception ((H)R3-8). Zoning By-law amendments are required to implement the proposed amendments to draft approval. 7. Summary of Background Studies The following reports were submitted by the applicant for Phase 1 & 2 and are summarized below: 7.1 Phase One Environmental Site Assessment, SPL Consultants Limited, November 7, 2014 Based on observations, information collection and present land use, the report determined the entire site has a low level of concern from an environmental contamination perspective. Municipality of Clarington Report PSD -022-16 Page 11 7.2 Traffic Impact Study, JD Engineering Inc., September 16, 2014 and Mearns Avenue Access Review, October 20, 2014 The Traffic Impact Study assessed the impact of the traffic generated from the proposed subdivision on the surrounding road network specifically the intersections that were in the immediate vicinity of the subdivision. Based on the original road configuration of the draft plan and assumed traffic distribution at the existing intersections all operate at an acceptable level of service. The revision to the road network in 2014 provided an additional access to Mearns Avenue at the future Lyle Avenue. This change provides more options to disperse traffic from the new development and was determined to have minimal impact of the adjacent intersections. 7.3 Environmental Noise Assessment, Valcoutics Canada Limited, December 10, 2014 Phase 1 Noise for the Phase 1 development is generated from train traffic on the Canadian Pacific Railway and vehicular traffic on Mearns Avenue. Lots and the most easterly units in blocks adjacent to Mearns Avenue as well as those lots fronting Elephant Hill Drive west to the walkway will require mandatory air conditioning, since they will receive noise from the railway. Lots and units in close proximity to Mearns Avenue must be constructed with forced air system and ducting, sized to accommodate a central air conditioning. This will allow the homeowner the option of installing central air conditioning should they wish to mitigate noise from traffic. All lots fronting onto Elephant Hill Drive require brick veneer exterior wall construction or Sound Transmission Class (STC) masonry equivalent. A 1.8 metre high acoustic fence is required for all rear yards flanking Mearns Avenue. With respect to railway vibration analysis, the closest building fagade is beyond 75 metre from the railway right-of-way, therefore, ground borne vibration impact study due to rail activities is not required from Phase 1. The appropriate warning clauses will be required in the Agreements of Purchase and Sale advising homeowners of potential noise generated by traffic on Mearns Avenue and the CP Railway, including train whistles. Municipality of Clarington Report PSD -022-16 Phase 2 Page 12 The Environmental Noise Assessment and this Railway Vibration Analysis for Phase 2 is currently under review. 7.4 Functional Servicing Report, Condeland Engineering Ltd. 2014 The Functional Servicing Report concluded that the site can be serviced by municipal sanitary sewers; peak flows can be conveyed to the existing trunk sewer system on Mearns Avenue. The site can be serviced with municipal water by looping the water distribution system from Elephant Hill Drive to Mearns Avenue. Adequate storm drainage and stormwater management facilities for both quantity and quality can be provided within the development area to neutralize the impact of urbanized run off. 8. Public Notice and Submissions The applicant hosted a Public Information Centre on Thursday February 26, 2015 at John M. James Public Elementary School located on Mearns Avenue in Bowmanville. The entire draft plan was the focus of the Public Information Centre. The applicant and their consultants attended the meeting as well as staff from the Planning Services Department and Engineering Services Department. A total of six area residents attended the meeting. 8.2 A Public Meeting for Phase 1 was held on March 9, 2015. The Public Notice was given by mail to each landowner within 120 metres of the subject site. Public Meeting signs were installed along the frontages of Mearns Avenue, Elephant Hill Drive and Ireland Street. 8.3 Through submissions, area residents expressed concerns as summarized below; • Do not remove the cul-de-sac on Ireland Street; • Do not remove trees on Ireland Street; • Use the parkland dedication funds collected from the subject site to update facilities in Elephant Hill Park; • Increased traffic and high speeds on the existing portions of Elephant Hill Drive; and • Potential grading and drainage impacts on residents living on Ireland Street. Municipality of Clarington Report PSD -022-16 Page 13 8.4 Staff also received a written objection from the solicitor retained by Schickedanz Bros. Limited regarding two blocks (Blocks 95 and 97) in the adjacent subdivision, 10M-830. The concern is that proposed lotting would sterilize the future use of these blocks. The blocks have subsequently been purchased by the applicant and are incorporated into the draft plan. 8.5 Phase 2 A Notice of Public Meeting for the Phase 2 proposal was given to each land owner within 120 metres of Phase 2 lands and Public Meeting Notice signs were installed along the frontages of Mearns Avenue and Elephant Hill Drive. As of writing this report, staff have not received any inquiry regarding Phase 2. 9. Agency Comments 9.1 Region of Durham Planning and Economic Development Department states that the original conditions of draft approval of 1996 and as further amended in 2014 would generally satisfy requirements with respect to Provincial Interests and Delegated Review responsibilities, however recommend an amendment to the noise conditions to reflect the revised noise report by Valcoutics Canada Limited dated December 10, 2014. Water and sanitary sewer services are available to the site. Water supply is available from Elephant Hill Drive and Mearns Avenue. The proposed lots on Ireland Street can be serviced from the existing watermain on Ireland Street. Sanitary sewers are available from Mearns Avenue and Ireland Street. 9.2 Central Lake Ontario Conservation Authority does not have any objections to the principle of the development. They did note that matters related to overland flow routing is not completely resolved. However, the road and lotting pattern will not be impacted and on that basis the Conservation Authority issued Conditions of Draft Approval. 9.3 CP Rail provided conditions of draft approval to mitigate impacts from the CP Railway, including the requirement for a safety berm on the subject adjoining property parallel to the railway right-of-way, the installation of fencing or walls, a minimum setback for dwellings of 30 metres and various warning clauses regarding noise and vibration. The majority of CP's comments are related to Phase 2. 9.4 Kawartha Pine Ridge District School Board, Veridian, Rogers, Canada Post and Enbridge Gas have no objection to the applications. Municipality of Clarington Report PSD -022-16 10. Departmental Comments 10.1 Emergency and Fire Services The Emergency and Fire Services Department offers no objection. 10.2 Engineering Services Page 14 The grading of these lands is particularly challenging. The applicant has shown retaining walls in various locations around the site. The use of retaining walls must be avoided particularly adjacent to existing development but due to the challenging topography of the site some retaining walls will be required. The applicant has made significant changes to the grading and housing types to minimize the number and height of retaining walls. The stormwater management plan must be consistent with the recommendations of the West Branch of Soper Creek Master Drainage Plan. Staff are currently working with the applicant with regard to the configuration of the storm sewer system and stormwater storage to minimize the Municipality's long term costs and maximize use of existing stormwater facilities. Extensive importing of fill is proposed for this site, roughly 30,000 cubic metres which has been reduced significantly with the grading revisions that staff have requested. Every effort should be made to minimize import or exporting material. Final solutions to all of these issues may result in lot line adjustments or reconfigurations. The applicant will be required to provide an appropriate cash contribution in lieu of normal parkland dedication. 11. Discussion on Phase 1 Lands 11.1 Proposed Revisions In 2015, Averton requested an amendment to draft approval and rezoning for the lands south of Elephant Hill Drive. In an effort to expedite registration of Phase 1, the applicant submitted the detailed engineering submission for review by the Engineering Services Department. The site grades and stormwater management proved to be challenging which necessitated further changes to the draft plan. The most significant change is the removal of a northerly portion of Street `A", as shown in Figure 3. The steep grades in this area meant that the road would exceed the municipal design guidelines. This solution to the grading issue is not ideal for vehicular circulation, however a walkway with a 3.0 metre paved path was added to provide a pedestrian connection between existing residents on Elephant Hill Drive, the neighbourhood park to the north and the elementary school and commercial centre to the south. Municipality of Clarington Report PSD -022-16 11.2 Site Grades Page 15 Given the grades on the site, a considerable amount of fill is required in the middle of the site. Despite this, there are still two locations where retaining walls are required in Phase 1. The applicant will be required to obtain written permission from existing and abutting landowners to install retaining walls on the subject draft plan. The long term maintenance of the retaining walls will be the responsibility of the homeowner. Warnings and Notices will be added to Agreements of Purchase and Sale for these units. In addressing the grade issue, the houses themselves act as retaining walls. Many of the units will be rear walkouts or front walkouts, where the garage and front entrance are at basement level. In addition, the basements of some units will be taller than the typical 2.4 metres height to help make up grades from front to back, reduces the need for retaining walls. 11.3 Ireland Street A number of residents on Ireland Street were concerned with the interface of new development with the existing homes on Ireland Street. The turning circle on Ireland Street is built to full municipal standards and will not be removed. To meet existing grades on Ireland Street, the trees on Ireland Street will have to be removed however new street trees will be installed on the boulevard. Trees surrounding the existing dwelling on Mearns Avenue will be preserved. 11.4 Traffic on Elephant Hill Drive Some existing residents on Elephant Hill Drive were concerned with speed and increased traffic. Clarington staff completed a speed monitoring study on Elephant Hill Drive just south of Campling Court and the results showed that speeds were well below the posted limit with an average of 24 kilometres per hour for the period that was monitored. The extension of Elephant Hill Drive to Mearns Avenue will result in increased traffic volumes on Elephant Hill Drive west of the proposed development but these increases have been reduced with the reconfiguration of Lyle Drive by eliminating the road connection at the west limit of the proposed development. This change reduces the traffic volumes on Elephant Hill Drive and redirects the trips directly to Mearns Avenue. `fi1&"i:PMV7FTTI The existing Elephant Hill Park has a full playground and baseball diamonds. No improvements to the park is contemplated by the Operations or Engineering Services Department. At the Public Meeting, in response to comments from the area residents, the applicant offered to contribute to improvements to the existing Elephant Hill Park. Municipality of Clarington Report PSD -022-16 Page 16 This will be reviewed further with the applicant as part of Phase 2 Approvals. 11.6 Zoning By-law Amendment The applicant is seeking to amend the zoning which was originally approved in 1996 to reflect current design standards, with increased lot coverage and reduced setbacks to the interior side yard and to the street, specifically 2 metres to the porch, 4 metres to the dwelling and 6 metres to the garage as well as a 1.2 metre interior side on one side and 0.6 metres on the other. An increase in lot coverage is also being requested. These standards have been accepted in newer neighbourhoods. However, the existing homes on Ireland Street were built in 1991. The homes have greater setbacks in the front yard with garages projecting in front of the dwelling at 6 metres setback. The interior side yards are 1.2 metres on each side, with 40% lot coverage. For those 8 lots on Ireland Street, Staff are recommending the zoning remain as "Urban Residential Exception (R2-9) Zone" which is more compatible with the existing homes. The lot coverage will remain 40% and the interior side yards will remain 1.2 metres on both sides, rather than 1.2 metres and 0.6 metres requested by the applicant. The front yard setback will be maintained as 4.5 metres to the dwelling and 6 metres to the garage. Given the site grades and the fact that a height of a structure is measured from the lowest finished grade, the applicant is requesting an increase for building height from 10.5 metres to 11 metres and an increase in porch height from 1 metre to 1.6 metres. Porches that can be 2.0 metres from the sidewalk that are 1.6 metres (5.3 ft) high can present an overbearing presence to passing pedestrians. In these cases, these homes should be set further back to allow for landscaped slope to meet a 1.0 metre porch height. Staff are not supportive of a blanket rezoning to increase porch heights. 11.7 The applicant has provided concurrence with the attached amended Conditions of Draft Approval. 11.8 All taxes payable to the Municipality of Clarington have been paid in full. 12. Discussion on Phase 2 Lands 12.1 Phase 2 Lands Among the amendments made to the draft plan in 2014, was placing the lands north of Elephant Hill Drive in a Future Development Block. The original proposal showed townhouses and the semi/link units on a cul-de-sac as well as fronting onto Elephant Hill Drive. Development of the Phase 2 lands is constrained by the established alignment for Elephant Hill Drive, the railway, a large road widening to accommodate a future grade separation at Mearns Avenue, the need for an Municipality of Clarington Report PSD -022-16 Page 17 acoustical berm and fencing adjacent to the railway and the grades. Averton agreed to place the lands in a Future Development Block to explore design alternatives. The townhouse units on the proposed Greensborough Crescent do not conform with the policies of the Official Plan which states that townhouses across from townhouses are generally not supported due to on -street parking issues. The configuration also leaves unusually large side yards against the railway lands, which will have significant grades due to the railway berm. This would be problematic for the homeowner to maintain. The applicant provided a Planning Justification Report in support of the proposal, which is under review by Staff. 13. Conclusion 13.1 Phase 1 Lands In consideration of the findings of all supporting studies, agency and resident comments and based on review of the proposal, staff recommend that for Phase 1 the revisions to draft approval, including amended Conditions of Draft Approval (Attachment 2) and Zoning By-law amendment (Attachment 3), be approved. 13.2 Phase 2 Lands Staff will continue processing the balance of the application, for the lands north of Elephant Hill Drive including the preparation of a subsequent report upon resolution of the various issues associated with Phase 2. Municipality of Clarington Report PSD -022-16 Submitted by:� David J Crome, MCIP, RPP Director of Planning Services Paae 16 Reviewed by .: f ! < _ .. _ .`, (t Franklin Wu, Chief Administrative Officer Staff Contact: Cynthia Strike, Principal, Planner, 905-623-3379 ext. 2410 or cstrike clarin ton.net Attachments: Attachment 1: Draft Pian Attachment 2: Conditions of Draft Approval Attachment 3: Zoning By-law The following is a list of the interested parties to be notified of Council's decision: Brad and Lindsay Wright Vince Baffa Justin Malfara Anthony Biglieri Lawrence Wesson Garrett and Amber Dawn Duncan Carlene Robinson Shawn Mclean Craig Gulas Municipality of Clarington DRAFT PLAN OF SUBDIVISION OF BLOCKS 95 AND 97 PLAN TOM -834 AND PART OF LOT 9, CONCESSION 2 (GEOGRAPHIC TOWNSHIP OF OARUNCTON) (FORMERLY TNW OF BOPiMARML.LE) MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM l.f'r-stmt a inxc l+.fl.'J FrC. Ws6 05TA.y�(S A'+A CUl OYAH%9WW (N llr PLAY 1Ri 11L wws µ9 Cw K CUMRR9 19 MIR FT 0.vAh BY 11 Attachment 1 to Report PSD -022-16 ao• w TS m % KEY PLAN (NOT TO SCALE) Y Fro ---- PROPOSED LAND USE: 10 - uss-rcas In m,v �sswrq ' ! PHASE I 3`�J= lee rx arc w Wil h'WHA C! -LOM ST LR115 YlLFA jg,,,.x..>ne,t ap e6 N• lap" IN .�' 11 Ti a/ w�yelm � i1A&L1 lAWLv�HpaE-10tt9 A JA "MAI. MbK `�� •� lR�x i n ri Ini so Tan4z rfoR i = .�+, Y .. •;; N N b] lin i Ln ua sk as a _I rw lao ?k w k i •d a n A04 0]31 kp IaL&L AREA OF AML 18AL\t19011__1714M iDiAt IVRFA [£S1�1199M1t�.,......�.-�....��. i�7 aJ, wk*k* 4 --- - rerA�lanraLn c: t_:.c 550- I.Pd15 •"r" °"""�"' •°`• A 1u lw nal,�1IT s6u eaa6i � Don s� In fBiLF �1110 IN In iwl Fk i " � ttwnic3T�aocc ix Avn xip ...OM7 w w isa wr Tod wf 176 176 la tao' sm^,��ticy i ; PHASE 2 iii tN WPM. 4 ❑ pN1YRf5R 1 -Id iam PrsAw tI:Io-IL4ili dnc V' 12wnflwtsl L4 Y[09l!❑ER lSY_ iiy - - s " L1tF LYCYE .. m w TS m % ---- 7 x w 10 - uss-rcas In m,v �sswrq ' ! Ii1Ff :� ! w Wil h'WHA C! -LOM ST LR115 YlLFA jg,,,.x..>ne,t •V�•• y n rye 'd6 11 Ti 71 it ]r x n ri t! n P p N N b] a6 'y _ _ �y+ _ ____ a H ,• _ i k i •d a n A04 0]31 kp IaL&L AREA OF AML 18AL\t19011__1714M iDiAt IVRFA [£S1�1199M1t�.,......�.-�....��. i�7 In Q jp� ADDITIONAL INFORMATION AS REQUIRED UNDER f LHt dnc V' a Yl r SECTION 51 (17) OF THE PLANNING ACT: PHASE 1 w A�RAv ■ A�,nm1 HL eL u1� K tt YA25EOi y tH iA c d M4 -�';na 7i� ! ! _= i iyTlLlFltl I nYe Piranc n I+;eau w,s m.-a,ww Na rw.tia:.crosa O�A'`,f ••� ••x !d! OF N a at As e: 61 du d m 57 H jy • ,y. Yrs ., a nw. _`- >. ! � � teras m x Kvwm Irr a uxnerat nu. enol xxrax L an rnL,ates rvvlc rc orc rAmrtxls rllunn nvs '+•.•� cq x i __ rllsr. SURVEYOR'S CERTIFICATE: •.• L11L f1raK tidor ,A] �m.9 '4L rOj _ # iao �1 mw MT m re ads t At K D.SCIY4Y0 3e(Vwm.Y ,iu [roneax 6'4•M [h TNS Fi+K ` j� [ryI a LI N ps T A7 la L se ,6 4i *1 4 ,s 1! d F MT 2. i"Yf-Po su a mAwRl 4,R.0 1l+]i •t' �,L { � 1 x 1 ] �� � 1 a � e e s� 1T e x I OH41ERs" CERTIFICATE n n�sru�v rw�uu,.nvour. .:,wsr.urw�aan n. arEse�w . •!...- .............}j eAY �ywuri _�-F .--x-_T EE u )i Sim( �A- S,[ae)T ^, •'� { AYusYI i�G[x[M"1ui duLv+uxal]M ILL _�-_-'�__ ItYii,'1➢r lWi il.rm lfiIni iµ9sfniY T,1-- aes pei LPr aa�Lef as nuTi °r i- �-- �� 6L>a S iii iii III i cog Lai F NMI w�ea u>{vca:_ oxam a u x"sa�,aeeea Attachment 2 to Municipality of Clarington Report PSD -022-16 CONDITIONS OF DRAFT APPROVAL File Number: 18T-95030 Date: March 2, 2016 The Conditions of Draft Approval for 18T-95030 as issued on August 19, 1996 and amended on October 26, 2011 and October 27, 2014 are hereby repealed in their entirety and replaced with the following: Part 1 - PLAN IDENTIFICATION The Owner shall prepare the final plan on the basis of the approved revised draft plan of subdivision by Rady-Pentek & Edward Surveying Ltd. dated December 10, 2015 which illustrates in Phase 1 only, 129 singles detached units, 4 blocks for 21 townhouses, a block for a walkway, blocks for road widening and reserves and a block for future development, Phase 2. The redline revisions are: (1) Remove all references to Phase 2, being all lands north of Elephant Hill Drive, save and except Block 150; and (2) Remove all references to Block138 as a Park and rename as a Walkway. Part 2 — GENERAL 2.1 The Owner shall enter into a subdivision agreement with the Corporation of the Municipality of Clarington (the "Municipality") that contains all of the terms and conditions of the Municipality's standard subdivision agreement respecting the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this plan of subdivision. A copy of the Municipality's standard subdivision agreement can be found at http://clarington.net/documents/planning/subdivision-agreement-feb20l4.pdf 2.2 The Owner shall name all road allowances included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the "Region"). 2.3 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. Architectural Control 2.4 (1) The Owner shall be 100% responsible for the cost of the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. (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 Page 11 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. 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) Lyle Drive (b) Elephant Hill Drive 3.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands: (a) Road Widenings • A 3.048 metre road widening across the entire frontage of Mearns Avenue shown as Block 151 on the draft plan. Page 12 A road widening at the south-west corner of Mearns Avenue and the Canadian Pacific Railway shown as Block 150 on the draft plan for a future grade separation. (b) Reserves • A 0.3 metre reserve shown as Block 152 on the draft plan. (c) Landscaping and Walkways • A landscaping area and public walkway shown as Block 138 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 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 Municipality shall require the preparation of a subdivision agreement for each phase of development. 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 "Environmental Noise Report, prepared by Valcoustics Canada Limited, dated December 10, 2014. Functional Servicing (3) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Engineering Services and Central Lake Ontario Conservation. The intended means of controlling and conveying stormwater flow from the site to an appropriate and acceptable location without impacting private property, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. [The stormwater management facilities must be designed and implemented in accordance with the recommendations of the Soper Creek West Branch Master Plan]; Page 13 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 shall be based on the value of the Lands as of the day before the approval of draft Plan of Subdivision 18T-95030. Walkway/Overland Flow Route 5.2 (1) The Owner shall be 100% responsible for the costs, financial and otherwise associated with the installation of a walkway/overland flow route in Block 138. (2) In this section, "Walkway Plan" means a plan prepared by a qualified landscape architect showing: (a) the walkway, landscaping and seating areas; and (b) the proposed grading and stormwater drainage system. (3) An Authorization to Commence shall not be issued for any Works until the Owner has submitted and the Director has approved the Walkway Plan. Page 14 (4) The Owner shall construct, and ensure the Engineering Drawings incorporate the final grades for the walkway including 200 mm minimum topsoil and seeding, sodding, fencing, all storm sewer servicing and hydro service to the property line along the frontage of Block 138. (5) For purposes of the Subdivision Agreement, all works under the section 5.2(3) are considered a separate Works Component with a minimum maintenance period of 2 years. Noise Attenuation 5.3 (1) The Owner shall agree in the Municipality of Clarington subdivision agreement to implement the recommendation of the report, entitled "Environmental Noise Assessment" prepared by Valcoustics Canada Limited, dated December 10, 2014, which specifies noise attenuation measures for the development. The measures shall be included in the Subdivision Agreement and must also contain a full and complete reference to the noise assessment (i.e author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study. (2) The Owner shall not make an application for a building permit for any building on the Lands until an acoustic engineer has certified that the plans for the building are in accordance with the Noise Report. Elephant Hill Drive 5.4 (1) Where the proposed road connects to the existing temporary turning circle on Elephant Hill Drive, the Owner shall restore all areas to municipal standards. This includes curbs, sidewalks, asphalt, drainage, boulevard topsoil and sod, street trees and streetlighting relocations. The cost will be borne 100% by the applicant and the extent of works required shall be at the sole discretion of the Director of Engineering Services. (2) The Owner shall barricade Elephant Hill Drive until top asphalt works are complete or at the discretion of the Director of Engineering Services. Ireland Street 5.5 (1) The Owner acknowledges that the subdivision agreement must contain appropriate provisions for the installation of service connections, entrances, curbs and other related boulevard works on Ireland Street which shall serve as direct connection to Lots 1 to 8. The cost will be borne 100% by the applicant and the extent of works required shall be at the sole discretion of the Director of Engineering Services. (2) The Owner agrees to minimize disruption to residents on Ireland Street. All lots and dwellings fronting onto Ireland Street shall be constructed from Lyle Drive. No construction equipment or construction traffic shall enter Ireland Street, save and except for the connection of municipal services. The front of Page 15 lots shall be fenced approximately 1 metre back from the curb on Ireland Street. Mearns Avenue 5.6 (1) The Owner shall be 100% responsible of all costs financial and otherwise associated with the installation of storm sewers on Mearns Avenue, including but not limited to the restoration of the pavement, curbs, sidewalks, sod and street trees. (2) The Owner shall submit a Traffic Management Plan to address how traffic on Mearns Avenue will be managed for the duration of the service installation and restoration all to the satisfaction of the Director of Engineering Services. (3) The Owner agrees that excavation of Mearns Avenue or Elephant Hill Drive and Ireland Street is not permitted between December 1St and April 30tH Site Grading and Retaining Walls 5.7 (1) Prior to any grading on abutting lands, the Owner shall obtain written permission from the property owners, to the satisfaction of the Director of Engineering Services. (2) Prior to any grading abutting Lots 26-32, 127 and 128 and Part Lot 129, the Owner shall obtain written confirmation from the abutting property owners to remove, replace or reinstate the fences along the common property line to the satisfaction of the Director of Engineering Services. House Siting Plans 5.8 Prior to final registration the Owner shall provide house siting for Lots 126, 127, and Part Lot 129 to the satisfaction of the Director of Engineering Services and Director of Planning Services. Part 6 — AGENCY CONDITIONS 6.1 Region of Durham (1) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. Page 16 (2) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (3) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. (4) The Owner shall submit a signed Record of Site Condition (RSC) to the Region, the Municipality and the Ministry of Environment and Climate Change and Climate Change. This Record of Site Condition must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the Record of Site Condition by the Ministry of Environment and Climate Change. 6.2 Conservation Authority (1) Prior to any on-site grading or construction or 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 to an appropriate and acceptable location, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. [The stormwater management facilities must be designed and implemented in accordance with the recommendations of the Soper Creek West Branch Master Plan]; (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) 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 Conservation Authority and the Municipality of Clarington. (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. Page 17 6.3 Canadian Pacific Railway (1) Dwellings must be constructed such that the interior noise levels meet the criteria of the appropriate Ministry. A noise study should be carried out by a professional noise consultant to determine what impact, if any, railway noise would have on residents of proposed subdivisions and to recommend mitigation measures, if required. The Railway may consider other measures recommended by the study. (2) The Owner shall insert a clause in all Offers of Purchase and Sale or Lease and in the title deed or lease of each dwelling within 300 m of the railway right-of-way warning prospective purchasers or tenants of the existence of the Railway's operating right-of-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations. 6.4 Ministry of Culture, Tourism and Sport The Owner shall carry out a cultural heritage resource assessment of the subject property and mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Ministry of Tourism, Culture and Sport. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance for the Ministry. 6.5 Canada Post Corporation 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: (1) 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. (2) If applicable, the Owner shall ensure that any street facing installs have a pressed curb or curb cut. (3) 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. (4) 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. (5) 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 Page 18 homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post. (6) 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. (7) 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). 6.6 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: Page 19 Noise Report (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for All Lots: "Purchasers are advised that sound levels due to increasing road and rail traffic development may interfere with some activities of the dwelling occupants as the sound levels will exceed the Ministry of Environment and Climate Change's noise criteria." (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 54, 104 to 118 and easterly units of Blocks 132 and 135: "The dwelling unit located on this lot has been equipped with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Ministry of the Environment and Climate Change's noise criteria." (3) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 52, 53, 119 to 126, Part Block 129, Blocks 133, 134, and remaining units in Blocks 132 and 135: "This dwelling unit was fitted with a forced air heating system and the ducting etc. sized to accommodate a central air conditioning unit. The installation of central air conditioning by the homeowner will allow windows and exterior doors to be kept closed, thereby achieving indoor sound levels within the limits recommended by the Ministry of the Environment. (Note: The location and installation of the outdoor air conditioning device should be done so as to comply with noise criteria of 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)." (4) The Owner shall include the following notice in the Agreements of Purchase and Sale for All Lots: "Despite the inclusion of noise control features in the design of the subdivision and individual units, noise levels from road and rail traffic may be of concern and may occasionally interfere with some activities of the dwelling occupants as the noise exposure level may exceed the noise criteria of the Ministry of the Environment and Climate Change." (5) The Owner shall include the following warning clause in agreements of purchase and sale for All Lots: "Canadian Pacific Railways or its affiliated railway companies has or have a railway right -of —way within 300 metres from this dwelling 10 unit. There may be alterations to or expansions of the railway facilities of such right-of-way in the future, including the possibility that Canadian Pacific Railways of its affiliated railway companies as aforesaid, or their assigns or successors may expand their business operations. Such expansion may affect the living and business environments of the residents, tenants and their visitors, employees, customers and patients in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating features in the design of the development. Canadian Pacific Railways of its affiliated railway companies as aforesaid, or their assigns will not be responsible for any complaints or claims arising from use of such facilities and/or operation on. Over or under the aforesaid right-of-way." Nearby Public Walkway The Owner shall include the following warning clause in agreements of purchase and sale for Lots 69, 125, 126, &127: "Public Walkway — This lot abuts Block 138 which has been designated for use as a public walkway which, when developed, may contain active lighted facilities for night-time services." Chain Link Fencing The Owner shall include the following notice in the agreements of purchase and sale for Lots 69, 125, 126, &127: "Chain Link Fencing — Chain link fencing is a required feature between this lot and walkway. This fencing must be located on the public portion of the abutting land and will be maintained by the Municipality after the developer has been released from any further responsibility for the fence. " Noise Attenuation Fencing The Owner shall include the following notice in the agreements of purchase and sale for Lots 54, 104, easterly units of Block 135 & Block 132: "Noise Attenuation Fencing - Noise attenuation fencing is a required feature for this lot to assist in reducing the noise levels to comply with Ministry of the Environment Climate Change standards. This fencing must be located on the private property portion of the lot and must be designed and constructed in compliance with the recommendations of the noise attenuation report prepared by Valcoustics Canada Limited dated December 10, 2014. The maintenance of this fencing is the responsibility of the owner of the lot after the developer has been released from any further responsibility for the fence." 11 Catchbasins The Owner shall include the following notice in agreements of purchase and sale for Lots 12,13,18,19, 23 and 24: "Catchbasin —A catchbasin and associated underground piping has been installed on this lot. The catchbasin is designed to accept drainage from this lot and adjacent lots. The property owner must not impede or alter the catchbasin or the drainage patterns in any way." Retaining Walls The Owner shall include the following notice in agreements of purchase and sale for Lots 28, 29, 30, 31, 32, 33, 38, 127, 28, Part Block 129 and Blocks 131, and 132: "Retaining Walls - The Purchaser acknowledges that the lots shall be graded by the purchaser's builder in accordance with the plans approved by the Municipality of Clarington and that issues regarding quality workmanship should be directed to the purchaser's builder. Such lot grading may be required to accommodate drainage from surrounding lands and may include swales, slopes, and retaining walls. In order to accommodate existing constraints such as topography, physical features on adjacent lands, the final grading design may vary from the Municipality's guidelines as determined by the Director of Engineering Services. The purchaser should be aware that these measures may limit the use of certain areas of their property and must satisfy themselves with respect to the final grading of their lot. The Purchaser acknowledges that any repair required to the retaining walls is the sole responsibility of the homeowner after the developer has been released from any further responsibility for the retaining wall." 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, (1) the Region how Conditions 1,2.1, 2.2, 4.1(1), 4.1(2), 5.1, 5.3. 6.1, 6.4 have been satisfied; 12 (2) Central Lake Ontario Conservation Authority, how Conditions 6.2 have been satisfied; (3) Canadian Pacific Railway, how Conditions 6.3 have been satisfied; (4) Ministry of Tourism, Culture and Sport how Conditions 6.4 have been satisfied; (5) Canada Post how Conditions 6.5 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: (1) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1 N 6A3 (905) 668-7721. (2) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario LIH 3T3 (905) 579-0411. (3) Canadian Pacific Railway, 1290 Central Parkway West, Suite 800, Mississauga, Ontario L5C 4R3. (4) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1 P 5A1 13 Municipality of Clarington Attachment 3 to Report PSD -022-16 Corporation of The Municipality of Clarington By -Law Number: 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 2014-0033; 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. Section 13.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE (R2) ZONE" is hereby amended by adding thereto new Special Exceptions as follows: "SECTION 13.4.84 URBAN RESIDENTIAL EXCEPTION (R2-84) ZONE Notwithstanding Sections 13g), i), iv)13.2 a); b); c) i), ii), iii), e), g) and h) those lands zoned R2-53 on the Schedules to this By-law shall be subject to the following regulations: a. Lot Area (minimum) i) Lots with minimum frontage of ii) Lots with minimum frontage of iii) Lots with minimum frontage of b. Lot Frontage Interior (minimum) i) Interior Lot ii) Exterior Lot C. Yard Requirements i) Front Yard ii) Exterior Side Yard 10.8 metres 340 square metres 12.2 metres 400 square metres 15 metres 450 square metres 10 metres 15.0 metres 6.0 metres to private garage or carport, 4.0 metres to dwelling; 2.0 metres to porch 6.0 metres to private garage or carport; 4.0 metres to dwelling; 3 2.0 metres to porch iii) Interior Side Yard With private garage or carport 1.2 m on one side; 0.6 metres on the other side; Without private garage or 3.0 metres on one side 0.6 metres on the other side d. Special Yard Regulation 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 2.4 metres, but in no instance shall the interior side yard be reduced below 0.6 metres. i) Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metres. e. Lot Coverage (maximum) i) Dwelling 45 percent ii) Total of all Buildings and Structures 50 percent f. Height of floor deck of unenclosed porch above 1.0 metres finished grade (maximum) g. Height (maximum) i) 1 Storey dwelling 8.5 metres ii) All other residential units 11.0 metres "SECTION 14.6.49 URBAN RESIDENTIAL EXCEPTION (R3-49) ZONE Notwithstanding Sections 13 g) and i), iv), 14.3 a), b), c) i), ii), iii), e.g.; and 14.4 shall only be used for street townhouse dwellings, subject to the following regulations: a. Lot Area (minimum) 190 square metres b. Lot Frontage (minimum) i) Interior Lot 6.0 metres ii) Exterior Lot 10.5 metres C. Yard Requirements i) Front Yard 6.0 metres to private garage or carport, 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport, 4.0 metres to dwelling, 2.0 metres to porch iii) Interior Side Yard 1.2 metres; nil where a building has a common wall with any building on an adjacent located in a R3-49 zone d. Special Yard Regulation i) 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 2.4 metres, but in no instance shall the interior side yard be reduced below 0.6 metres. ii) Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metres. e. Lot Coverage (maximum) i) Dwelling 55 percent f. Height of floor deck of unenclosed porch above finished 1.0 metres grade (maximum) g. Height (maximum) i) 1 Storey dwelling ii) All other residential units 8.5 metre 11.0 metres 4. Schedule "1" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: Holding - Urban Residential R1 ((H)R1) Zone" to "Holding -Urban Residential Exception ((H)R2-84) Zone"; "Holding - Urban Residential R2 ((H)R2) Zone" to "Holding - Urban Residential Exception ((H)R2-84) Zone"; and "Holding - Urban Residential R3 ((H)R3) Zone" to "Holding - Urban Residential Exception ((H)R3-49) Zone". 5. Schedule "A" attached hereto shall form part of this By-law. 6. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. By -Law passed in open session this day of '2016 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk