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Report
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Report To: Planning and Development Committee
Date of Meeting: January 9, 2017
Report Number: PSD-006-17 Resolution:
File Number: S-C-2015-0002 and ZBA 2015-0014 By-law Number:
Report Subject: An Application by 2265719 Ontario Inc. to permit 70 single detached
dwellings – 3425 Regional Road 57, Bowmanville
Recommendations:
1.That Report PSD-006-17 be received;
2.That the application for Draft Plan of Subdivision submitted by 2265791 Ontario Inc. for
70 single detached residential units be supported subject to conditions as contained in
Attachment 2 of Report PSD-006-17;
3.That the Zoning By-law Amendment application submitted by 2265791 Ontario Inc. be
approved as contained in Attachment 3 of Report PSD-006-17;
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-006-17 and
Council’s decision; and
6.That all interested parties listed in Report PSD-006-17 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-006-17 Page 2
Report Overview
This report is recommending approval of applications submitted by 2265719 Ontario Inc. to
permit 70 single detached dwellings on the east side of Regional Road 57, approximately one
kilometre north of the intersection of Regional Road 57 and Concession Road 3 in the
Northglen Neighbourhood of Bowmanville.
1. Application Details
1.1 Owners: 2265719 Ontario Inc., Richard and Trudy Bouma, Derek
Bastmeyer
1.2 Applicant: 2265719 Ontario Inc.
1.3 Agent: Candevcon Limited
1.4 Proposal: Proposed Draft Plan of Subdivision
The proposed plan of subdivision includes 70 lots for single
detached dwellings.
Rezoning
To rezone the lands from “Agricultural (A) Zone” to an appropriate
zone to permit the proposed draft plan of subdivision.
1.5 Area: 3.97 hectares.
1.6 Location: The subject lands are located on the east side of Regional Road
57, approximately one kilometre north of the intersection of
Regional Road 57 and Concession Road 3 being within Part of Lot
14, Concession 3, Bowmanville (see Figure 1).
1.7 Within Built Boundary: No
1.8 Assessment Roll Numbers: 010-080-06901 and 010-080-06952
Municipality of Clarington
Report PSD-006-17 Page 3
Figure 1: Property Location
2. Background
2.1 In March 2008, the Director of Planning Services issued Draft Approval of Plan of
Subdivision S-C 2007-0004 in the Northglen Neighbourhood. This subdivision has
multiple owners and is being developed in multiple phases. Phases 1A, 1B, and Phase 2
were registered in 2013, 2014, 2016 by the owner of 2265719 Ontario Inc. Two other
owners, Akero (Kemp) and 2084165 Ontario Limited (Halminen) own the lands which
front onto Middle Road, being Phases 6 & 7 which were registered on November 22,
2016.
2.2 In 2015, 2265719 Ontario Inc. acquired 3425 Regional Road 57 and the southern portion
of 3499 Regional Road 57. These lands make up all the lands in the proposed draft plan
S-C-2015-0002. The subject lands are within the Northglen Neighbourhood and were
identified in the Neighbourhood Design Plan for residential development.
Municipality of Clarington
Report PSD-006-17 Page 4
3. Land Characteristics and Surrounding Uses
3.1 The lands subject to the applications were assembled from two parcels with frontage on
Regional Road 57. The subject lands are relatively flat. The larger parcel is currently
being cultivated (Bouma). The smaller, southerly parcel supported a single detached
dwelling which has now been demolished (Bastmeyer). See Figures 2 and 3 below.
Figure 2: Bouma Lands Figure 3: Bastmeyer Lands
3.2 The surrounding uses are as follows:
North: One single detached dwelling and cultivated lands
South: Draft Approved Plan of Subdivision S-C 2007-0004 and residential dwellings
currently under construction
East: Woodlot
West: Estate Residential
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement encourages planning authorities to create healthy livable
and safe communities by accommodating an appropriate range and mix of residential,
employment, recreational and open space uses to meet long term needs. Some relevant
policies are:
New development shall occur adjacent to built-up areas, and shall have compact
form, a mix of uses and densities that allow for the efficient use of land,
infrastructure and public services.
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.
Municipality of Clarington
Report PSD-006-17 Page 5
Infrastructure and public services facilities shall be provided in a coordinated 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 The development proposes single detached units. Municipal water and sanitary sewers
are required for the lots to develop. Transit routes will be established as development
proceeds. A neighbourhood park is located on Northglen Boulevard. A block has been
reserved on Northglen Boulevard for a future public elementary school. A mixed use
block is located on the north-east corner of Regional Road 57 and Concession Road 3,
although it is undeveloped at the present time. 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.
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Regional 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.
The Regional Official Plan provides for a Type C Arterial Road along the north limit of the
Bowmanville Urban Area. Kenneth Cole Drive, a local road within the draft plan, will
connect to the Type C Arterial.
Municipality of Clarington
Report PSD-006-17 Page 6
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands as Urban Residential. 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.
An east-west Type C Arterial is designated above the north limit of the urban boundary of
Bowmanville from Regional Road 57 to Liberty Street.
5.3 Clarington Official Plan as Amended by Amendment 107
On November 1, 2016, Council adopted the Official Plan Amendment 107 to bring the
Clarington Official Plan into conformity with the Regional Official Plan and provincial
policies. The subject site remains designated Urban Residential. All applicable policies
remain.
5.4 Northglen Neighbourhood Design Plan
The subject lands are within the Northglen Neighbourhood Design Plan which was
approved in 2008. The draft plan shows the lotting and road pattern consistent with the
approved Neighbourhood Design Plan.
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands “Agricultural (A) Zone”. A Zoning By-law
amendment is required to implement the proposed amendment to draft approval.
7. Summary of Background Studies
7.1 Phase One Environmental Site Assessment (ESA), Geologic, February 2015
This report was prepared for the entire land parcel and based on observations,
information collection and present land use, no potentially contaminating activity or areas
of potential environmental concern were identified that would warrant Phase Two ESA
investigation.
7.2 Noise Impact Study Northglen - West Bouma Lands, YCA Engineering Limited, May
12, 2015
Noise impact on the development is generated from vehicular traffic on Regional Road
57.
Acoustic fence will be required on lots adjacent to Regional Road 57. Some lots in close
proximity to the noise source will require mandatory air conditioning.
The appropriate warning clauses will be required in the Agreements of Purchase and
Sale advising homeowners of potential noise generated by traffic on Regional Road 57.
Municipality of Clarington
Report PSD-006-17 Page 7
7.3 Archaeological Site Assessment, Northeastern Archaeological Associates Limited,
March 2, 2015.
A Phase 1 and Phase 2 Archaeological Site Assessment determined that there are no
archaeological concerns on site.
7.4 Butternut Survey and Hazard Tree Assessment, Niblett Environmental Associates
Inc., January 26, 2015
The Butternut Survey determined that there are no Butternut Trees within 50 metres of
the subject lands. No hazard trees were identified along the fenceline of the subject
property.
7.5 Traffic Impact Brief, GHD, June 17, 2015
A Traffic Impact Brief was prepared as an update to the Traffic Impact Study (TIS)
prepared in 2007 for the entire Northglen Neighbourhood. The 70 residential units
proposed in the draft plan is 11 units more than was assumed by the 2007 study.
However, the anticipated road network remains unchanged. All connections to the
external road network remain unchanged. The additional vehicle trips will have a minimal
impact on the operational capacity.
7.6 Functional Servicing Study, Northglen West Subdivision Functional Servicing and
Stormwater Report, Candevcon, May 2016, Revised August 2016
The Functional Servicing Report confirms that the sanitary sewer system and the water
supply system can accommodate the proposed development once the services are
extended through the next phase of development. Similarly, the stormwater management
pond located at the north east corner of Regional Road 57 and Concession Road 3 has
been sized to accommodate this site and the storm sewers will be sized accordingly.
8. Public Meeting and Submissions
8.1 The Public Meeting was held on October 5, 2015. One individual spoke in opposition to
the development. He is concerned with the volume and speed of traffic in the area of
Regional Road 57 and Concession Road 3. He asked if there were plans for the
intersection to be improved.
8.2 Another individual residing on Craig Court located in the Old Scugog estate residential
subdivision to the west was concerned that her well will be impacted as a result of the
construction. She also expressed concerns with increased traffic and speeding in the
area. She requested that the shoulders of Old Scugog Road be paved as they are
heavily used by pedestrians and cyclists. She concluded by requesting the speed limits
be reviewed for both Old Scugog Road and Regional Road 57 as these issues directly
affect the residents in the area.
Municipality of Clarington
Report PSD-006-17 Page 8
8.3 Two individuals residing on Old Scugog Road were also concerned that their well would
be impacted as a result of development.
8.4 Resident concerns are addressed in Section 10.4 of this report.
9. Agency Comments
9.1 The Region of Durham
The Region of Durham stated that the subject lands are within the Living Area
designations, Regional Planning has no objection to the applications. The applications
were found to conform to the Growth Plan, the Provincial Policy Statement and the
Durham Regional Official Plan.
Regional Works identified that sanitary and water services are available to
accommodate these proposed lots. The development does not present any significant
Regional transportation or transit impacts.
The Region’s conditions are included in the proposed Conditions of Draft Approval
included as Attachment 3.
9.2 Central Lake Ontario Conservation Authority
The Conservation Authority has advised that the Butternut Survey and Hazard Tree
Assessment were deemed acceptable. The Authority has no objections to the proposal
and provided technical comments to the applicant regarding grading and stormwater
management that must be addressed. The Conservation Authority also provided
standard conditions of draft plan approval.
9.3 Kawartha Pine Ridge District School Board
Students from this development would attend Hampton Junior Public School (JK-3)
and M.J Hobbs Senior Public School (4-8) and Clarington Central Secondary School
(9-12) or Charles Bowman Public School (JK-8) or Bowmanville High School (9-12).
Board Staff have requested that all proposed streets have public sidewalks.
The Board provided conditions of draft approval regarding warning clauses in
Agreements of Purchase and Sale for bus transportation.
9.4 Other Agencies
Enbridge Gas, Canada Post and Rogers have no objections to the applications.
Municipality of Clarington
Report PSD-006-17 Page 9
10. Departmental Comments
10.1 Engineering Services
Traffic
The applicant has submitted an updated Traffic Impact Brief. These lands were
included in the original Traffic Impact Study, and only very minor changes have
occurred since the original study (e.g. extension of Kenneth Cole Drive). The update
concludes that “the proposed subdivision development can be accommodated by
the adjacent road network as previously demonstrated.”
Phasing
The development of these lands is premature until the lands between the subject
lands and SC 2007-0004 – Phase 3 have been developed in full including road,
sidewalk and servicing connections.
Parkland Dedication
The applicant must provide an appropriate cash-in-lieu contribution for parkland.
Extension of Kenneth Cole Drive
Kenneth Cole Drive must be extended to the north limit of the proposed subdivision
and must be constructed to a full urban standard so that it can connect to the Type
“C” Arterial north of the subject lots sometime in the future.
Soils Management Plan
Every effort must be made to minimize the importing and exporting of fill material.
Should Site Alteration Works be necessary, in advance of the draft approval, a permit
is required from the Municipality, under Site Alteration By-law 2008-114. Should Site
Alteration Works be necessary, a Soils Management Report shall be submitted to the
Director of Engineering Services for approval.
10.2 Emergency and Fire Services
The Emergency and Fire Services Department have no objection.
11. Discussion
11.1 The lands are located in the furthest north portion of the Northglen Neighbourhood. The
proposed draft plan is consistent with the lotting and road pattern of the Northglen
Neighbourhood Design Plan.
Municipality of Clarington
Report PSD-006-17 Page 10
11.2 The transportation maps in both the Region of Durham and Clarington Official Plans
identify an east-west Type C Arterial on the urban area boundary between Regional Road
57 and Liberty Street. The plan makes provision for a local road, Kenneth Cole Drive to
be extended to the north limits of the plan and connect to the Type C Arterial sometime in
the future. The applicant will be required to build that portion of Kenneth Cole Drive from
the north portion of Bruce Cameron Drive to the urban area boundary. The road will be
barricaded and will not be maintained. This will establish property boundaries and the
abutting residential lot side yards will be finished.
11.3 The applicant has negotiated a fence along the rear of the lots fronting onto Bruce
Cameron Drive with the abutting land owner to the north (Bouma). It is not a requirement
of the Municipality and is not a Condition of Draft Approval, however the builder must add
warning clauses in Agreements of Purchase and Sales advising new purchasers that the
fence is in the ownership of the landowner to the north (Bouma) and shall not be
tampered with.
11.4 Development of this draft plan cannot proceed until Phase 3, immediately to the south is
serviced with water, sanitary sewer, storm sewer, all utilities, and until sidewalks and road
are constructed. The registration of Phase 3 must occur simultaneously with the
registration of this draft plan of the subdivision.
11.5 Residents Concerns
Intersection Improvements and Speed
The reconstruction of the intersection at Regional Road 57 and Concession Road 3
commenced in November 2016 and will continue into the spring. Traffic signals will be
installed in the very near future. To further improve the intersection, the Region intends
to remove the bend on Regional Road 57 in 2018 subject to the approval of Regional
Council for the expenditure of funds.
Regional Road 57 is a Type A Arterial Road and has a posted speed of 80 km/h. The
intersection improvements at Regional Road 57 and Concession Road 3 should help
address traffic operational and safety issues.
Once the improvements are completed, the Municipality will be installing a multi-use path
between the intersection and the turning circle at Old Scugog Court. This will provide a
pedestrian/cycling connection to destinations north and south.
Old Scugog Road is a rural road with a posted speed of 50 km/h. The road was
resurfaced in 2014, however as with any rural road sidewalks were not installed. The
road surface was painted with lines so that each lane is three metres wide, which visually
narrows the road surface and tends to slow traffic.
Municipality of Clarington
Report PSD-006-17 Page 11
Well Interference
Some residents in the Old Scugog Road estate residential subdivision have experienced
impacts to their wells as a result of dewatering for the installation of services in Phase 2.
Five wells were impacted all of which were dug not drilled wells.
The developer did provide potable water to each effected homeowner when requested in
accordance with the Region of Durham Well Interference Policy. In the spring of 2016,
five new wells were drilled at the applicant’s expense.
All developers in the Northglen West are monitoring wells within a 500 metre radius from
the point of dewatering, where the homeowners have permitted monitoring. Going
forward, if more wells are impacted as a result of development, this issue will be dealt
with through the Region of Durham Well Interference Policy at the time a complaint
comes forward.
11.6 The Holding (H) symbol will be applied on the proposed zoning to ensure adequate
access and services are in place prior to development and the appropriate by-law will
be forwarded to Council to lift the symbol when the appropriate conditions are met.
11.7 Conditions of draft approval have been prepared based on staff and agency
comments and would be fulfilled as the subdivision application moves through the final
approval stage. The owner of the lands will be required to enter into a subdivision
agreement with the Municipality of Clarington.
12. Conclusion
In consideration of the findings of all supporting studies, agency and resident comments
and based on review of the proposal, staff recommend approval of the proposed draft
plan of subdivision, including Conditions of Draft Approval (Attachment 2) and Zoning By-
law amendment (Attachment 3).
Municipality of Clarington
Report PSD-006-17 Page 12
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO
Director of Planning Services Interim CAO
Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410
or cstrike@clarington.net
Attachment 1: Proposed Draft Plan of Subdivision
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:
Richard and Trudy Bouma
2265719 Ontario Inc. c/o Domenic Tassone
Derek Bastmeyer
Hannu Halminen
Ken and Judy Gray
Karen Paplinskie
Alexander Guevara
Kirk Kemp
Scott Waterhouse, Candevcon
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Municipality of Clarington Attachment 2 to
Report PSD-006-17
CONDITIONS OF DRAFT APPROVAL
File Number: S-C-2015-0002
Date: November 28, 2016
Part 1 - PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-2015-0002 prepared by Candevcon Limited identified as job
number E15027, dated October 2016, which illustrates 70 single detached
dwellings, landscape strip, road widenings and reserves.
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 for the “Control Architect”
to review and approve all proposed models and building permits, to the
satisfaction of the Director of Planning Services.
(2) No residential units shall be offered for sale to the public on the draft plan
until such time as architectural control guidelines and the exterior
architectural design of each building has been approved by the Director of
Planning Services.
(3) No building permit shall be issued for the construction of any building on any
residential lot or block on the draft plan, until the architectural control
guidelines for the development and the exterior architectural design of each
building and the location of the building on the lot has been approved by the
Director of Planning Services
Marketing and Sales
2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and
surrounding land uses. The Land Use Plan shall be in a format approved by
the Director of Planning Services.
(2) The Owner shall erect and maintain a sign on the development site and/or in
the sales office which shows the Land Use Plan as approved by the Director
of Planning Services.
(3) The Owner shall submit its standard Agreement of Purchase and Sale to the
Director of Planning Services which includes all warning clauses/ notices
prior to any residential units being offered for sale to the public.
Site Alteration
2.6 Draft plan approval does not give the Owner permission to place or dump fill or
remove fill from, or alter the grade of any portion of the lands within the draft plan.
The Owner shall be required to obtain a permit from the Municipality under Site
Alteration By-law 2008-114, as amended, for any such work. If any portion of the
lands are within an area regulated by a conservation authority, the Owner shall
obtain a permit from the conservation authority in addition to obtaining approval
from the Director of Engineering Services regarding the intended haulage routes,
the time and duration of the site alteration work and security relating to mud clean
up, dust control and road damage. After registration of a subdivision agreement,
the provisions of the Municipality’s standard subdivision agreement shall apply to
any proposed site alteration on the lands covered by the subdivision agreement.
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) Kenneth Cole Drive
(b) Bruce Cameron Drive
(c) Henry Smith Avenue
3.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear
of encumbrances and restrictions) the following lands and easements:
(a) Reserves
A 0.3 metre reserve shown as Block 84 on the draft plan.
(b) Landscaping Strip
A landscaping strip shown as Block 86 on the draft plan.
3.3 The Owner shall transfer to the Region (for nominal consideration, free and clear
of encumbrances and restrictions) the following lands and easements:
(a) Road Widening
A road widening shown as Block 87 on the draft plan.
(b) Reserves
A 0.3 metre reserve shown as Block 85 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 of Development
(1) The Owner acknowledges that the development of draft plan is premature
until the lands situated between the draft plan land and Draft Approved Plan
of Subdivision S-C 2007-0004 have been developed in full including road,
sidewalk and servicing connections.
(2) The Owner acknowledges that Blocks 71 to 83 must meld with lots in Draft
Approved Plan of Subdivision S-C 2007-0004. Building permits will not be
available until the lots and blocks have been melded through the registration
of both draft plans.
Noise Report
(3) The Owner shall submit to the Director of Engineering Services, the Director
of Planning Services and the Region, for review and approval, an updated
noise report, based on the preliminary noise report entitled Noise Impact
Study Northglen West-Bouma Lands, prepared by YCA Engineering Limited,
dated May 12, 2015, Project No. Y1411A.
Functional Servicing
(4) The Owner shall submit an updated Functional Servicing Report satisfactory
to the Director of Engineering Services and Central Lake Ontario
Conservation.
Community Theme Plan
(5) The Owner shall submit an updated “Community Theme Plan” entitled the
Northglen Neighbourhood Landscape Master Plan, by Ferris and Associates
Inc. to the Director of Planning Services and Director of Engineering
Services for approval. The updated plan shall include design concepts for a
community theme including gateway treatments, landscape treatments,
lighting fixtures, fencing details and related design issues for the overall
design, location and configuration of trails and open space buffers. All
Engineering Drawings shall conform with the approved Community Theme
Plan.
Environmental Sustainability Plan
(6) The Owner shall submit a 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
(7) Prior to Authorization to Commence, the Owner shall provide a Soils
Management Plan for review and approval by the Director of Engineering
Services. Such plan shall provide information respecting but not limited to
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. All imported
material must originate from within the Municipality of Clarington. 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
Well Monitoring
(8) The Owner shall retain a qualified person to prepare a well monitoring
program which identifies any effects of the development on adjacent wells
and groundwater conditions. The well monitoring program shall collect data
based on pre, during and post construction water quantity and water quality.
On-site grading shall not be permitted until the well monitoring program is
submitted and deemed satisfactory to the Director of Engineering Services
and the Region of Durham.
Part 5 –SPECIAL TERMS AND CONDITIONS TO BE INCLUDED IN THE
SUBDIVISION AGREEMENT
Parkland
5.1 The Owner shall pay the Municipality an amount in lieu of conveying land for park
or other public recreational purposes under section 5.1. of the Planning Act,
R.S.O. 1990, c.P.13. The Owner acknowledges that this amount represents the
equivalent of 1 hectare per 300 dwelling units included in the draft plan and shall
be based on the value of the Lands as of the day before the approval of draft Plan
of Subdivision S-C-2015-0002.
Noise Attenuation
5.2 (1) The Owner shall implement the noise attenuation measures recommended in
the updated noise report entitled Noise Impact Study Northglen West-Bouma
Lands, prepared by YCA Engineering Limited , dated May 12, 2015, Project
No. Y1411A. (the “Noise Report”).
(2) The Owner shall not make an application for a building permit for any
building on the Lands until an acoustic engineer has certified that the plans
for any building are in accordance with the Noise Report.
Extension of Kenneth Cole Drive
5.3 Kenneth Cole Avenue may eventually be extended to lands north of the proposed
draft plan of subdivision. The portion of Kenneth Cole Avenue north of Bruce
Cameron Drive and within the limits of the draft plan must be constructed to a full
urban standard (curbs, sidewalks, asphalt, drainage, boulevard topsoil and sod,
and streetlighting) and will be barricaded on the north side of Bruce Cameron
Drive to the satisfaction of the Director of Engineering Services.
Temporary Turning Circles
5.4 Where proposed road connects to existing temporary turning circle, the Owner
shall restore all areas to municipal standards. This includes curbs, sidewalks,
asphalt, drainage, boulevard topsoil and sod, street trees and streetlighting
relocations, all to the satisfaction of the Director of Engineering Services.
Decommissioning of Wells
5.5 Prior to registration, the Owner shall provide confirmation to the Director of
Planning Services that all wells on site were decommissioned in accordance with
Ontario Regulation 903.
Wells Interference
5.6 If an Appropriate Authority (Ministry of Environment and Climate Changes, Region
of Durham and/or the Municipality of Clarington) determines that a well or private
water supply of any person(s) outside the draft plan is interfered with or dewatered
as a result of the construction or installation of underground works:
(i) where the interference to a well or private water supply is of short term
duration (i.e. excavation, in the opinion of an Appropriate Authority, the Owner
at his expense shall make available to the affected party(s), a temporary
supply of water at no cost to the affected party(s); and
(ii) where in the opinion of an Appropriate Authority the interference to a well or
private water supply is of a long term duration, the Owner at its cost shall
provide a new well or private water system for such affected party(s) so that
water supplied to the affected party's property shall be of a quality and quantity
of water enjoyed by the affected party(s) prior to the interference, as may be
required by the Appropriate Authority and by written notice given to the Owner.
Part 6 – AGENCY CONDITIONS
6.1 Region of Durham
(1) The Owner shall provide for the extension of such sanitary sewer and water
supply facilities which are external to, as well as within, the limits of this plan
that are required to service this plan. In addition, the Owner shall provide for
the extension of sanitary sewer and water supply facilities within the limits of
the plan which are required to service other developments external to this
subdivision. Such sanitary sewer and water supply facilities are to be
designed and constructed according to the standards and requirements of
the Region. All arrangements, financial and otherwise, for said extensions
are to be made to the satisfaction of the Region, and are to be completed
prior to final approval of this plan.
(2) Prior to entering into a subdivision agreement, the Region shall be satisfied
that adequate water pollution control plant and water supply plant capacities
are available to the proposed subdivision.
(3) The Region shall be satisfied that sanitary sewer and water supply services
have been installed, or shall be installed, in the abutting/adjacent plan of
subdivision S-C-2015-0002.
(4) All land dedications, easements, sight triangles and reserves as required by
the Region for this development must be granted to the Region free and clear
of all encumbrances and in a form satisfactory to the Region’s Solicitor.
(5) The Owner shall satisfy all requirements, financial and otherwise, of the
Region. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the
provision and installation of sanitary sewers, water supply, roads and other
regional services.
(6) Prior to final approval, the Owner is required to submit a signed Regional
Reliance Letter and Certificate of Insurance. Alternatively, a signed Record of
Site Condition (RSC) may be submitted to the Ministry of Environment and
Climate Change (MOECC). Should a RSC be filed, the Region will require a
copy of it and any other supporting documentation, including MOECC’s
Acknowledgement Letter.
(7) The Owner shall agree in the Clarington Subdivision Agreement to implement
the recommendation of the report, entitled “Noise Impact Study Northglen
West-Bouma Lands, Part Lot 14, Concession 3, Municipality of Clarington”
prepared by YCA Engineering, dated May 12, 2015 which specifies noise
attenuation measures for the development. These measures shall be
included in the Subdivision Agreement and must also contain a full and
complete reference to the noise report (i.e author, title, date and any
revisions/addenda) and shall include any required warning clauses identified
in the study.
(8) The Owner shall carry out an archeological 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 (MTCS). No grading or other soil disturbance shall take place on the
subject property prior to a letter of clearance from the Ministry.
6.2 Conservation Authority
(1) Prior to any on-site grading or construction of final registration of the Plan,
the Owner shall submit and obtain approval from the Municipality of
Clarington, and the Central Lake Ontario Conservation Authority for reports
describing the following:
(a) The intended means of conveying stormwater flow from the site,
including use of stormwater techniques which are appropriate and in
accordance with the provincial guidelines;
(b) The intended means of providing water quality treatment for the site in
accordance with provincial guidelines;
(c) The means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with
the provincial guidelines. The report must outline all actions to be taken
to prevent an increase in the concentration of solids in any water body
as a result of on-site or other related works; and
(d) Details on the types and use of Low Impact Development (LID)
measures to be implemented within the development to assist in
reducing stormwater runoff and encouraging infiltration.
(2) That, the downstream infrastructure is in place to accommodate the
stormwater drainage from this development, including necessary road works
for the overland flow routes.
(3) That, the owner shall install non-gated fencing along the eastern boundary of
lots 28 through 30 where the boundary is adjacent to the woodland, to the
satisfaction of CLOCA and the Municipality of Clarington.
(4) 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.
(5) The subdivision agreement between the Owner and the Municipality of
Clarington shall contain among other matters, the following provisions.
a. The Owner agrees to carry out the works referred to in Conditions 6.1, 1,
2, 3 and 4 to the satisfaction the Central Lake Ontario Conservation
Authority.
b. The Owner agrees to maintain all stormwater and erosion and sediment
control structures and measures operating in good repair during the
construction period, in a manner satisfactory to the Central Lake Ontario
Conservation Authority.
c. The Owner agrees to advise the Central Lake Ontario Conservation
Authority 48 hours prior to the commencement of grading or initiation of
any on-site works.
6.3 School Board
(1) All Subdivision Agreements for the subject draft plan between the
Municipality of Clarington and the Subdivider contain a requirement that all
Purchase and Sale Agreements for all phases of the approved draft plan
contain a clause advising all potential purchasers that if eligible for busing in
accordance with school board policy, students residing in the subdivision will
be required to access busing at a centralized stop at Regional Road 57
where it intersects with a main road access the subdivision. Once the internal
subdivision roads are assumed by the Municipality, the school board
transportation authority, Student Transportation Services of Central Ontario,
will conduct a review to determine if an internal bus stop location can be
provided for”.
6.4 Canada Post Corporation
(1) The Owner shall satisfy the following requirements of Canada Post
Corporation and the Municipality with respect to the provision of mail delivery
to the Subdivision Lands and the provision of community mailbox locations,
as follows:
(a) The Owner shall advise Canada Post as to the excavation date for the
first foundation/first phase as well as the date development work is
scheduled to begin.
(b) If applicable, the Owner shall ensure that any street facing installs have
a pressed curb or curb cut.
(c) The Owner shall advise Canada Post as to the expected first occupancy
date and ensure the site is accessible to Canada Post 24 hours a day.
(d) The Owner will consult with Canada Post and the Municipality to
determine suitable permanent locations for the Community Mail Boxes.
The Owner will then indicate these locations on the appropriate
servicing plans.
(e) The Owner agrees, prior to offering any units for sale, to display a map
on the wall of the sales office in a place readily accessible to potential
homeowners that indicates the location of all Community Mail Boxes
within the development, as approved by Canada Post.
(f) The Owner will provide a suitable and safe temporary site for a
Community Mail Boxes upon approval of the Municipality (that is
levelled with appropriate sized patio stones and free of tripping
hazards), until curbs, sidewalks and final grading are completed at the
permanent locations. Canada Post will provide mail delivery to new
residents as soon as the homes or units are occupied.
(g) Owner agrees to provide the following for each Community Mail Boxes
and to include these requirements on the appropriate servicing plans (if
applicable):
i) Any required walkway across the boulevard, per municipal
standards; and
ii) Any required curb depressions for wheelchair access, with an
opening of at least two meters (consult Canada Post for detailed
specifications).
Utilities
6.5 (1) The Owner shall coordinate the preparation of an overall utility distribution
plan that allows for the safe installation of all utilities including the separation
between utilities to the satisfaction of the Director of Engineering Services.
(2) All utilities will be installed within the proposed road allowances. Where this is
not possible, easements will be provided at no cost to the utility provider.
Proposed easements are not permitted on lands owned by the Municipality
unless it can be demonstrated that there is no other alternative. Such
easements must not impede the long term use of the lands and will be at the
discretion of the Director of Engineering Services.
(3) The Owner shall cause all utilities, including hydro, telephone, and cable
television within the streets of this development to be installed underground
for both primary and secondary services.
Part 7 – STANDARD NOTICES AND WARNINGS
7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots
informing the purchaser of all applicable development charges in accordance with
subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27.
7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of
the Municipality’s standard subdivision agreement in Agreements of Purchase and
Sale for all Lots or Blocks.
7.3 The Owner shall include the following notices and warning clauses in Agreements
of Purchase and Sale for the Lots or Blocks to which they apply:
Noise Report
(1) The Owner shall include the following notice in the Agreements of Purchase and
Sale for Lots 2, 57 to 61 and 69:
“Purchasers are advised that sound levels due to increasing road may
interfere with some activities of the dwelling occupants and the outdoor
sound level as the sound levels will exceed the Ministry of Environment and
Climate Change noise criteria.”
(2) The Owner shall include the following notice in the Agreements of Purchase and
Sale for Lots 1, 57 to 61 and 70:
“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 limits
recommended by the Ministry of the Environment and Climate Change noise
criteria (Note: the location and installation of the outdoor air conditioning
device should be done as to comply with noise criteria of MOECC publication
NPC-216 Residential Air Conditioning Devices and thus minimize the noise
impacts both on and in the immediate vicinity of the subject property)”.
(3) The Owner shall include the following notice in the Agreements of Purchase and
Sale for Lots 2 and 69:
“This dwelling unit was fitted with ducting 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 Lots1 and 70:
“Purchasers/tenant are advised that despite the inclusion of noise control
features in the development and within the buildings units, sound levels
due to increasing road traffic may on occasions interfere with some
activities of the dwellings occupants as the sound level will exceed the
Municipality’s and the Ministry of Environment and Climate Change’s
noise criteria.
Nearby Farm Operations
The Owner shall include the following warning clause in agreements of purchase and
sale for All Lots:
“Farm Operations –There are existing farming operations nearby and
that such farming activities may give rise to noise, odours, truck traffic
and outdoor lighting resulting from normal farming practices which
may occasionally interfere with some activities of the occupants.”
Catchbasins
The Owner shall include the following notice in agreements of purchase and sale for
Lots 22, 23, 26, 27 and 30:
“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.”
Noise Attenuation Fencing
The Owner shall include the following notice in the agreements of purchase and sale for
Lots 1 and 70:
“Noise Attenuation Fencing - Noise attenuation fencing is a required
feature for this lot to assist in reducing the noise levels to comply with
Ministry of the Environment standards. This fencing must be located
on the private property portion of the lot and must be designed and
constructed in compliance with the recommendations of the noise
attenuation report prepared by YCA Engineering dated May 15, 2015.
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.”
Wood Fencing
The Owner shall include the following notice in the agreements of purchase and sale for
Lots 1 to 27:
“Wood Fencing –Wood fencing is a required feature between this lot
and the adjacent private land owner. This fencing is located on the
private land owner’s property and will be maintained by that owner
after the developer has been released from any further responsibility
for the fence.”
Environmentally Sensitive Lands
The Owner shall include the following notice in agreements of purchase and sale for
Lots 28 to 30 (inclusive):
“Environmentally Sensitive Lands - Purchasers are advised that the lands
abutting these lots are privately owned and Environmentally Protected.
Chain link fencing is a required feature between this lot and the adjacent
private land owner. No gates are permitted in the fence. Purchasers may not
dump any material, debris or grass clippings on these lands. Purchasers
shall not drain swimming pool water or spa water directly on these areas.
Water should be directed to the road.”
Canada Post Corporation
The Owner shall include the following notice in the agreements of purchase and sale for all lots:
“Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision.”
Part 8 - CLEARANCE
8.1 Prior to final approval of the plan for registration, the Municipality’s Director of
Planning Services shall be advised in writing by,
(a) the Region how Conditions 2.2, 3.3, 4.1(3),5.2, 6.1 have been satisfied;
(b) Central Lake Ontario Conservation, how Conditions 6.2 have been satisfied;
(c) Kawartha Pine Ridge District School Board how Conditions 6.3 have been
satisfied; and
(d) Canada Post, how Conditions 6.4 have been satisfied.
Part 9 - NOTES TO DRAFT APPROVAL
9.1 Terms used in these conditions that are not otherwise defined have the meanings
given to them in the Municipality’s standard subdivision agreement.
9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to
final approval. The Planning Act provides that draft approval, may be withdrawn at
any time prior to final approval.
9.3 If final approval is not given to this plan within three (3) years of the draft approval
date, and no extensions have been granted, draft approval shall lapse and the file
shall be closed. Extensions may be granted provided valid reason is given and is
submitted to the Director of Planning Services for the Municipality of Clarington
well in advance of the lapsing date.
9.4 Where an agency requirement is required to be included in the Municipal
subdivision agreement, a copy of the agreement should be sent to the agency in
order to facilitate their clearance of conditions for final approval of this plan. The
addresses and telephone numbers of these agencies are:
(a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box
623, Whitby, Ontario L1N 6A3 (905) 668-7721.
(b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario LIH 3T3 (905) 579-0411.
(c) Kawartha Pine Ridge District School Board, 1994 Fisher Drive,
Peterborough, Ontario K9J 6X6
(d) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor
Scarborough ON, M1P 5A1
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Northglen\Staff Reports\PSD-006-17 Attachment 2.docx
Attachment 3 to
Municipality of Clarington Report PSD-006-17
The Corporation of the Municipality of Clarington
By-law Number 2017-______
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 to permit
the development of 70 single detached dwellings on the subject lands (ZBA 2015-0014);
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. “13.4.55 “Urban Residential Exception (R2-55) Zone”
Section 13.4.55 is further amended by adding a new section e. iii) as follows:
e. iii) Where a side yard abuts a 0.3 metre reserve and a landscaped strip in
municipal ownership between an individual lot and a public road allowance, the
side yard setback can be reduced to 1.2 metres.”
2. Schedule “3” (Bowmanville)” to By-law 84-63, as amended, is hereby further amended
by changing the zone designation from:
“Agricultural (A) Zone to “Holding – Urban Residential Exception ((H)R2-54) Zone”
“Agricultural (A) Zone to “Holding – Urban Residential Exception ((H)R2-55) Zone”
“Agricultural (A) Zone to “Holding – Urban Residential Exception ((H)R2-57) Zone”
as illustrated on the attached Schedule “A” hereto.
3. Schedule “A” attached hereto shall form part of the By-law.
4. This By-law shall come into effect on the date of passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
By-Law passed in open session this _____ day of _____________, 2017
____________________________
Adrian Foster, Mayor
____________________________
C. Anne Greentree, Municipal Clerk
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006-17 Attachment 3-By-law.docx