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Report To: Planning and Development Committee
Date of Meeting: June 6, 2016
Report Number: PSD-045-16 Resolution:
File Number: 18T-95030, ZBA 2014-0033 By-law Number:
Report Subject: Applications by Averton Homes (Bowmanville) Inc. to amend Phase
2 of a Draft Approved Plan of Subdivision for 24 residential units
and a Future Development Block for medium density in the Apple
Blossom Neighbourhood, Bowmanville
Recommendations:
1. That Report PSD-045-16 be received;
2. That the application for amendment to Draft Approved Plan of Subdivision submitted by
Averton Homes (Bowmanville) Inc. for 24 residential units and a Future Medium Density
Residential Block on the north side of Elephant Hill Drive be supported subject to
conditions as contained in Attachment 2 of Report PSD-045-16;
3. That the Zoning By-law Amendment application submitted by Averton Homes
(Bowmanville) Inc. be approved as contained in Attachment 3 of Report PSD-045-16;
4. 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;
5. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD-045-16 and
Council’s decision; and
6. That all interested parties listed in Report PSD-045-16 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-045-16 Page 2
Report Overview
This report is recommending approval of an application by Averton Homes (Bowmanville) Inc.
to amend Phase 2 of Draft Approved Plan of Subdivision and rezoning to permit 2 single
detached dwelling and 22 street townhouse units and a 1.66 hectare block for future medium
density development on those lands located on the north side of the future extension of
Elephant Hill Drive in Bowmanville.
1. Application Details
1.1 Owner: Averton Homes (Bowmanville) Inc.
1.2 Proposal: Amendment to Draft Approval
Revise boundary of the draft plan to include Block 97 from
registered plan of subdivision 10M-830 to the west and allow for
the development of two single detached dwelling lots with 10
metres of frontage, four blocks for 22 townhouse units and a 1.66
hectare block for future medium density development.
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;
1.3 Total Area: 2.7 hectares
1.4 Location: West side of Mearns Avenue, abutting the south side 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-045-16 Page 3
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 of
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. In 2011, the conditions of draft
approval were amended by only adding an expiry date of three years to October
2014.
Municipality of Clarington
Report PSD-045-16 Page 4
2.3 Averton Homes (Bowmanville) Inc. 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 all 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.
2.4 The applicant was able to purchase triangular blocks of land abutting the west
limits of the proposal on either side of Elephant Hill Drive 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.
Figure 2: Original Draft Approved Plan -1996
Municipality of Clarington
Report PSD-045-16 Page 5
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. On April 26 of this year, the phase 1 lands were draft approved for a
total of 150 lots consisting of 129 single family dwellings and 21 townhouse units.
Due to the steep road grades within the development the road pattern was revised
to remove a portion of street between Lyle Drive and Elephant Hill Drive and
replaced it with a pedestrian walkway and green space.
2.6 A Public Meeting for the phase 2 subject lands was held March 16, 2016. At that
meeting the proposal was for a total of 57 lots consisting of 2 single detached
dwelling lots, 55 street townhouse dwelling lots and a crescent shaped street on
the north side of Elephant Hill Drive (See Figure 3 below). Based on the concerns
expressed in the staff report the application has been amended to replace the
crescent shaped street and units with a Future Medium Density Development
Block to be developed through site plan approval (See Figure 4).
Figure 3: Limits of Phase 2 Subject Lands and proposed subdivision layout at public
meeting
Municipality of Clarington
Report PSD-045-16 Page 6
Figure 4: Proposed Amendments to Draft Approved Plan for Phase 2
3. Land Characteristics and Surrounding Uses
3.1 The lands are at a significantly higher elevation at the north-west and abutting the
railway and existing Elephant Hill Drive and slope downward to the south-east
corner.
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-045-16 Page 7
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. 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-045-16 Page 8
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
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.
This is the last significant development parcel within the neighbourhood. The
neighbourhood currently has approximately 1320 existing units. Phase 1 and 2 will
add 174 units in two Draft Approved plans, plus a Future Medium Density Block.
The application is deemed to conform
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 One ((H) R3)”, “Holding-Urban Residential Exception ((H)R3-8).
Zoning By-law amendments are required to implement the proposed amendments
to draft approval.
Summary of Background Studies
Reports were submitted by the applicant in support of both Phase 1 and 2
amendments to Draft Approval, and are summarized below:
Municipality of Clarington
Report PSD-045-16 Page 9
7.1 Phase One Environmental Site Assessment, SPL Consultants Limited,
November 7, 2014
This report was prepared for the entire land parcel and determined based on
observations, information collection and present land use, the site has a low level
of concern from an environmental contamination perspective.
7.2 Traffic Impact Study, JD Engineering Inc., September 16, 2014 and Mearns
Avenue Access Review, October 20, 2014
This report was also undertaken for proposed amendments to Phase 1 and 2. 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 Update Environmental Noise Assessment Mearns Avenue and CPR Line,
Valcoutics Canada Limited, February 29, 2016
Noise impacting the development is generated from train traffic on the Canadian
Pacific Railway and vehicular traffic on Mearns Avenue.
A 3.0 metre high acoustic fence on top of a 2.5 metre high berm is required at the
rear of both the single detached dwelling lots and all the townhouse blocks. These
dwellings will all be set back a minimum of 30 metres from the railway property line
and require mandatory air conditioning, since they will receive noise from the
railway.
The future development block will be reassessed through a future site plan
application, should this application receive draft approval.
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.
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.
Municipality of Clarington
Report PSD-045-16 Page 10
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.
Public Notice and Submissions
8.1 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 2 was held on March 14, 2016. 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. No one spoke at the public
meeting other than the applicant’s consultant and staff have not received any
inquiry regarding Phase 2.
9. Agency Comments
9.1 Region of Durham Planning and Economic Development Department stated that
the lands are designated Living Area. The phase 2 lands together with the
balance of the subdivision will provide a variety of built housing forms and comply
with the intent of the policies of the Durham Region Official Plan. The
Environmental Noise Assessment and recommendations were reviewed and are
acceptable, as was the Phase One Environmental Site Assessment. The Region
will require a Regional Reliance Letter and Certificate of Insurance as a condition
of Draft Approval. The recently amended conditions of draft approval will require
minor revisions to address the requirements for the phase 2 lands.
9.2 Central Lake Ontario Conservation Authority does not have any objections to the
principle of the development for Phase 2 of the Averton proposed subdivision 18T-
95030. CLOCA advised that their conditions of draft approval requested for the
Phase 1 lands remain applicable for Phase 2 of the subdivision.
9.3 The proposed development is located adjacent to the CP Rail principal main line.
Canadian Pacific Railway is not in favour of residential developments adjacent to
their right-of-way as this land use is not considered compatible with railway
operations. However, CP Rail provided conditions of draft approval to mitigate
impacts from the CP Railway, including the requirement for a safety berm on the
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.
Municipality of Clarington
Report PSD-045-16 Page 11
9.4 Kawartha Pine Ridge District School Board, Rogers, and Enbridge Gas have no
objection to the applications.
10. Departmental Comments
10.1 Emergency and Fire Services
The Emergency and Fire Services Department offers no objection.
10.2 Engineering Services
The phase 2 lands were reviewed in context of the overall subdivision application.
Grading for these lands will require a couple of rear yard catch basins, but is
generally not as challenging as the balance of the site. Requirements for
stormwater management plans being consistent with the recommendations of the
West Branch of Soper Creek Master Drainage Plan are generally addressed
through the development of the Phase1 lands that include the extension of
Elephant Hill Drive. As with Phase 1, every effort should be made to minimize
import or exporting of fill material. The applicant will be required to ensure the
berm and noise attenuation fence at the rear of the blocks transitions to match the
existing noise attenuation fence to the west of the development, while still
satisfying CP Rails current requirements. The applicant will be required to provide
an appropriate cash contribution in lieu of normal parkland dedication.
11. Discussion
11.1 The subject lands were part of a plan of subdivision that received Draft Approval in
1996 for 192 units. Averton acquired the property in September 2014 and began
working with staff to bring the plan into compliance with current policy and
regulatory requirements. In order to facilitate an amended draft approval more
expeditiously, the owners agreed to place all the lands north of the Elephant Hill
Drive in a Future Development Block. The original draft approval contained
townhouses and the semi-detached/link dwelling units on a cul-de-sac abutting the
west side of Mearns Avenue, as well as semi-detached/link dwelling units fronting
onto the north side of Elephant Hill Drive. Development of the Phase 2 lands is
constrained by the established alignment for Elephant Hill Drive, the railway and
the need for an acoustical berm and fencing adjacent to the railway, a large road
widening to accommodate a future grade separation at Mearns Avenue, and the
grades of the lands. Averton agreed to place the lands in a Future Development
Block to explore design alternatives.
11.2 The submission for amendment to draft approval eliminated the cul-de-sac in
favour of a crescent shaped road containing only townhouse units. This proposal
did not conform to 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 created unusually large side yards for the two lots
Municipality of Clarington
Report PSD-045-16 Page 12
flanking the railway corridor. Given the berm requirements, with little usable land
area staff did not support the proposal.
11.3 The applicants have further revised the plan, choosing to create a Future
Development Block intended to be developed with a townhouse condominium
development through site plan approval. The applicants continue to propose
townhouse housing for the block, however with a private road there will be more
design flexibility to deal with the constraints of the site.
11.4 At the first public meeting for this development, a resident made a comment that
although the existing Elephant Hill Park has a full playground and baseball
diamonds, it should be updated, especially if all the units in Phases 1 and 2 of
Averton are built out. In response to these comments, the applicant’s agent
offered to contribute to improvements to the existing Elephant Hill Park. No
improvements to the park were contemplated by the Operations or Engineering
Services Department. More recently the applicant confirmed they will donate the
construction of sun shelter, having a minimum size of 16 ft. x 16 ft. to the existing
park.
11.5 Similar to Phase 1, 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. These standards have been accepted in newer neighbourhoods. Also
similar to Phase 1, the applicant has requested the height of dwellings be
permitted to increase to 11.0 metres as opposed to the typical 10.5 metres. The
Zoning By-law accommodates this for the townhouse units.
11.6 The applicant has provided concurrence with the attached amended Conditions of
Draft Approval.
11.7 All taxes payable to the Municipality of Clarington have been paid in full.
12. Conclusion
In consideration of the findings of all supporting studies, agency and resident
comments and based on review of the proposal, staff recommend that the
revisions to draft approval for phase 2, including amended Conditions of Draft
Approval (Attachment 2) and Zoning By-law amendment (Attachment 3), be
approved.
13. Strategic Plan
The recommendation in this report conform to the Strategic Plan.
Attachment 2 to
Municipality of Clarington Report PSD-022-16
Page | 1
CONDITIONS OF DRAFT APPROVAL
File Number: 18T-95030
Date: May 20, 2016
The Conditions of Draft Approval for 18T-95030 issued on August 19, 1996 and
amended on October 26, 2011, October 27, 2014, and April 26, 2016 are hereby
amended as follows as they apply to the Phase 2 lands of the April 26, 2016
Amendment to Draft Approval:
Part 1 - PLAN IDENTIFICATION
1. 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 January 7,
2016 which illustrates in Phase 2 only, 2 single detached dwelling lots, 4 blocks for
22 townhouse lots, blocks for road widening and reserves and a block for future
development, Phase 2.
The redline revisions are:
(1) Remove all references to Phase 1, being all lands south of and including
Elephant Hill Drive; and
(2) Add a 0.3 metre reserve along the east boundary of Future Development
Block 143. .
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-feb2014.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.
Page | 2
(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.
Part 3 - FINAL PLAN REQUIREMENTS
3.1 The Owner shall transfer to the Municipality (for nominal consideration free and clear
of encumbrances and restrictions) the following lands:
(a) Reserves
A 0.3 metre reserve to be red-lined on the draft plan.
Part 4 –PLANS AND REPORTS REQUIRED PRIOR TO SUBDIVISION
AGREEMENT/FINAL PLAN REGISTRATION
Page | 3
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 “Update
Environmental Noise Assessment Mearns Avenue and CPR Line Phase 2,
prepared by Valcoustics Canada Limited, dated February 29, 2016”.
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];
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
Page | 4
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.
5.2 The Owner shall be 100% responsible for the installation of a sun shelter, being a
minimum of 4.8 metres x 4.8 metres, within Elephant Hill Park to the satisfaction of
the Director of Engineering Services.
Noise Attenuation
5.3 (1) The Owner shall agree in the Municipality of Clarington subdivision
agreement to implement the recommendation of the report, entitled “Update
Environmental Noise Assessment Mearns Avenue and CPR Line Phase 2,
prepared by Valcoustics Canada Limited, dated February 29, 2016”, 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.
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
Page | 5
designed and constructed according to the standards and requirements of
the Region. All arrangements, financial and otherwise, for said extensions
are to be made to the satisfaction of the Region, and are to be completed
prior to final approval of this plan.
(2) Prior to entering into a subdivision agreement, the Region shall be satisfied
that adequate water pollution control plant and water supply plant capacities
are available to the proposed subdivision.
(3) The Owner shall satisfy all requirements, financial and otherwise, of the
Region. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the
provision and installation of sanitary sewers, water supply, roads and other
regional services.
(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.
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(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.
6.3 Canadian Pacific Railway
(1) A 2.5 metre berm high berm meeting CP requirements must be constructed
along the north lot line of the proposed lots and block. Said berm and noise
attenuation measures must transition to match the existing berm and noise
fence abutting the west limits of the development to the satisfaction of the
Director of Engineering Services and the CP Rail.
(2) The recommendations of the Environmental Noise Assessment Update
prepared by Valcoustics Canada Ltd. dated February 29, 2016 and the
recommendations of the Railway Vibration Analysis prepared by Valcoustics
Canada Ltd. dated July 16, 2015 must be implemented.
(3) The setbacks of all proposed dwelling units must satisfy CP’s standard 30
metre setback.
(4) Clauses shall be inserted in all offers of purchase and sale or lease, and be
registered on title or included in the lease for each dwelling advising:
(a) That any berm, fencing, or vibration isolation features implemented are
not to be tampered with or altered, and further that the owner shall have
the sole responsibility for and shall maintain these features.
(b) 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:
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(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
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.
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(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 all Lots and Blocks:
“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.”
“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.”
“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).”
(2) The Owner shall include the following warning clause in agreements of
purchase and sale for All Lots:
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“Canadian Pacific Railways or its affiliated railway companies has
or have a railway right-of –way within 300 metres from this dwelling
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.”
Noise Attenuation Fencing
The Owner shall include the following notice in the agreements of purchase
and sale for all Lots and Blocks 139 to 142 inclusive:
“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.”
Catchbasins
The Owner shall include the following notice in agreements of purchase and
sale for Blocks 140, 141, 142 and 143:
“Catchbasin – A catchbasin and associated underground
piping has been installed on this block. 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.”
Canada Post Corporation
The Owner shall include the following notice in the agreements of purchase and sale for all lots:
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“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, 2.2, 4.1(1), 4.1(2), 5.3. 6.1, 6.4 have been
satisfied;
(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 L1N 6A3 (905) 668-7721.
(2) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario LIH 3T3 (905) 579-0411.
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(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, M1P 5A1
Attachment 3 to
Municipality of Clarington Report PSD-045-16
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. Section 14.6.47 Urban Residential Exception (R3-47) Zone be amended by adding
the following:
“d. Building Height (maximum) 11 metres”.
2. Schedule "1" to By-law 84-63 as amended, is hereby further amended by changing
the zone designation from:
Urban Residential Exception (R1-20) Zone” to “Holding - Urban Residential Exception
((H)R3-47) Zone”;
Urban Residential Exception (R1-20) Zone” to “Holding - Urban Residential Exception
((H)R2-84) Zone”; and
Holding - Urban Residential Exception ((H)R1-20) Zone” to “Holding - Urban Residential
Exception ((H)R3-47) Zone”.
3. Schedule "A" attached hereto shall form part of this By-law.
4. 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