municipality of chatham-kent community development planning … · 2020. 4. 22. · municipality of...

Municipality of Chatham-Kent

Community Development

Planning Services

To: Mayor and Members of Council From: Ryan Jacques, MCIP, RPP

Manager, Planning Services Date: April 8, 2020 Subject: Applications for Draft Plan of Subdivision & Zoning By-law Amendment

PL201900012 – 2566288 Ontario Inc. Churchill Park Road, Community of Chatham (City) ______________________________________________________________________ Recommendations

It is recommended that: 1. Draft Plan of Subdivision Application D-12 C/01/19/C, in Part of Lot 22,

Concession 1, EB (Raleigh), in the Community of Chatham (City), for draft plan 36T-19501, which proposes 42 Lots and six (6) Blocks for single detached, semi-detached and row house dwellings, one (1) Block for multi-unit dwellings, three (3) Blocks for Municipal Services, and five (5) Public Highways, subject to the draft conditions set out in Appendix E, be approved; and,

a) that the Mayor and Clerk be authorized to sign the Draft Plan of Subdivision;

b) that the Mayor and Clerk be authorized to execute the Subdivision Agreement;

c) that upon satisfaction of all conditions of draft approval, the Mayor and

Clerk be authorized to sign the Final Plan of Subdivision; and,

d) that upon satisfaction of all servicing requirements, the Director of Engineering be authorized to execute a Certificate of Completion for the Development.

2. Zoning By-law Amendment application D-14 C/24/19/C, in Part of Lot 22, Concession 1, EB (Raleigh), in the Community of Chatham (City), to permit single detached, semi-detached and row house dwellings, and to establish site

2566288 Ontario Inc. Page PL201900012

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specific zoning regulations, be approved, and the implementing by-law be adopted.

Background

The subject property is located south of the intersection of Churchill Park Road and Earl Drive, and east of the intersections of Kerr Avenue and Warwick Drive with Oak Street, in the Community of Chatham (City). The property is approximately 4.9 ha (12.3 ac.) in area and is comprised of farmland, treed areas, and a stormwater management pond. The property is designated Residential in the Official Plan and is Low Density Residential Fifth (RL5) and Medium Density Residential Second (RM2). A key map showing the location of the subject lands is attached as Appendix A. The applicant is proposing to develop a new residential subdivision with 42 single detached dwellings, and six (6) row houses (townhouses) comprised of 18 dwelling units, and one (1) multi-unit residential development. A copy of the proposed draft plan of the subdivision is attached as Appendix C, and a concept plan, which demonstrates the proposed layout for the single detached dwellings and row house dwellings (townhouses) is attached as Appendix D. To implement the proposed development, an amendment to the zoning by-law is required to rezone a portion of the lands to permit single detached, semi-detached and row house dwellings (townhouse), and to establish site specific zoning regulations for each of the proposed uses. Details of the proposed amendment are discussed in the Comments section, below.

Comments Provincial Policy Statement (PPS) The application does not raise any issues of provincial interest and is consistent with the PPS.

1.1.1 Healthy, liveable and safe communities are sustainable…

1.4.3 Planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents of the regional market area…

1.1.3.6 New development taking place in designated growth areas should occur adjacent to the existing built-up areas and shall have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities

The proposed development is within the Chatham Urban Boundary and is adjacent to existing built-up residential areas. The development is an efficient use of vacant residentially designated lands that have access to full municipal services, and are in


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close proximity to transit facilities and other public services. The proposed mix of low and medium density housing will provide a range of housing options for residents.

2.6.3 Development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved.

A Stage 2 archaeological assessment was completed by Cultural Resource Management Group Limited (CRMGL), and was submitted to the Ministry of Tourism, Culture and Sport (MTCS). The report offers the following recommendations:

1. The Stage 2 archaeological assessment resulted in the discovery of no areas of interest. As such, no further archaeological assessments are recommended for the proposed subdivision.

2. Should deeply buried archaeological deposits be found during construction activities, MTCS must be notified immediately.

MTCS submitted a letter to the Municipality, dated December 27, 2017, which indicates that the archaeological report prepared by CRMGL has been entered into the Ontario Public Register of Archaeological reports.

3.2.2 Sites with contaminants in land or water shall be assessed and remediated as necessary prior to any activity on site associated with the proposed use such that there will be no adverse effects.

The applicant has submitted a letter to the Municipality dated December 14, 2017, prepared by Muntazir Pardhan, P. Eng., a qualified professional, that indicates in his opinion a Record of Site Condition is not required to be filed to change the land use to residential. The proposed applications are consistent with the policies of the PPS. Official Plan The Official Plan policies contemplate changes in the residential land and housing supply over time. Policy 2.3.4.1.1, states that Chatham-Kent shall, “Plan for a diverse range of housing choices to ensure that the housing stock can accommodate an aging population, a variety of household types and sizes, a greater diversity of culture and a range of physical and mental disabilities, and that the housing stock can respond to fluctuations in these needs.” The Official Plan policies also guide urban development and intensification. Policy 2.3.5.2.6, states that Chatham-Kent shall encourage development to, “locate in fully serviced urban areas… and will occur in a planned, orderly, efficient and sustainable manner; and will be in keeping with the available capacity of the infrastructure and public service facilities present to serve the development.”


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Draft Plan of Subdivision File No. 36T-19501 Section 6.3.3.29 – 34.3 of the Official Plan and Section 51(24) of the Planning Act sets out those matters Council must have regard for when considering a Draft Plan of Subdivision. Among other things these relate to Provincial interests, timing of development, adequacy of utilities, municipal services and school facilities, need for public-purpose land within the plan, conservation of natural resources, flood control and design features. To comply with the Municipality’s Development Standards, a Subdivision Servicing Agreement, the engineering review of the construction drawings and provisions for the installation full municipal services, is a requirement of final approval of the subdivision. The following notable items have considered and conditions of final approval (Appendix E) are applied where appropriate.

Archaeological Assessment A Stage 2 Archaeological Assessment Report, Prepared by Cultural Resource Management Group Limited (CRMG), was filed with the Ministry of Tourism, Culture and Sport (MTCS). A clearance letter from the MTCS was issued on December 27, 2017. Development shall not be permitted on lands containing archaeological sites unless the sites have been properly documented in accordance with Provincial agency requirements and non-licensed alteration prohibitions in the Ontario Heritage Act have been waived. Where significant archaeological resources must be preserved on-site, alteration that changes the heritage characteristics of the site and its features shall not be permitted. The report completed by CRMG offers the following recommendations:

1. The Stage 2 archaeological assessment resulted in the discovery of no areas of interest. As such, no further archaeological assessments are recommended for the proposed subdivision.

2. Should deeply buried archaeological deposits be found during construction activities, MTCS must be notified immediately.

Environmental Site Assessment Letter to the Municipality dated December 14, 2017, prepared by Muntazir Pardhan, P. Eng., a qualified professional that indicates, in his opinion, that a Record of Site Condition is not required to be filed to change the land use to residential.

For properties that have been identified through the planning application review process as potentially contaminated and where there is a land use change proposed to a more sensitive use, the Municipality shall require verification from a qualified person that the property or properties in question do not require remediation.


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Infrastructure Servicing An Engineering Report (Stormwater and Sanitary Servicing), prepared by Dillon Consulting, dated March 4, 2020 was received as part of the application. In summary, the report describes an acceptable servicing strategy. The subdivision agreement will provide for: Watermains and Sanitary Sewers – Watermains and sanitary sewers will be extended from their current location along Churchill Park Road to service the subject lands. Watermains will also be extended through Kerr Avenue and Warwick Drive. There is adequate capacity to service the lands. Storm Sewers – A temporary stormwater management pond located on the lands is required to be decommissioned and removed. A permanent stormwater management pond is proposed to be located in the southwest corner of the property abutting the railway corridor and vacant commercial land. The pond will outlet through a municipal easement over private property (Chatham Banquet & Conference Centre), to the existing storm sewer on Merritt Avenue. The design of the proposed pond also has to be approved by the Ministry of the Environment and Climate Change and must meet their standards for quality, quantity and grading. Roads and Sidewalks – The proposed development will require new street and sidewalk construction to Municipal standards. Appendix C shows the proposed draft plan and lot layout. The plan includes extensions of Churchill Park Road, Kerr Avenue, and Warwick Drive, and one intersecting cul-du-sac.

Sidewalks are to be installed on:

a) East side of Churchill Park Road b) South side of Earl Drive, from Churchill Park Road to Randolph Crescent c) Through Block 11, connecting pathway to Kerr Avenue d) Both sides of Kerr Avenue and Warwick Drive

A pathway is to be installed in the abutting municipal park to connect existing Pathway from Riverview Drive and Orchard Heights Boulevard to a new sidewalk in Block 11, to provide continued connection east to Earl Drive. Parkland – No additional parkland dedication is required for this subdivision. The applicant will be required to provide a payment of cash-in-lieu of parkland dedication as a condition of approval. Boulevard Trees – The applicant is required to provide payment in-lieu of planting one boulevard tree per lot. The Municipality will plant boulevard trees at an appropriate time during build-out of the subdivision.


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Traffic A Traffic Impact Study, prepared by Dillon Consulting, dated March 4, 2020 was submitted as part of the application.

Development proposals that are likely to generate significant traffic shall prepare a Traffic Impact Study to determine their impact on the surrounding road system and adjacent land uses, and identify appropriate mitigation measures including road improvements. The Traffic Impact Study shall be prepared in accordance with the Municipality’s Traffic Impact Study Guidelines and to the satisfaction of the Municipality. Dillon Consulting was retained by the applicant to complete a Traffic Impact Study. The study concludes that: “The proposed development will have a minimal impact on the transportation infrastructure within the study area. Signal timing modifications/optimization should be considered by the Municipality of Chatham-Kent at the Riverview Drive and Keil Drive intersection to help reduce the delays and queues found on the eastbound left turn movement and at the intersection as a whole during the PM peak hour. These queues and operational constraints are present and problematic under existing and future background traffic volumes and conditions (i.e., without the proposed development traffic). Due to existing and future operational conditions surrounding the development within the Study Area, minimal traffic is anticipated to be diverted through the Sugar Beet subdivision. Other factors such as the proposed road network, the location of protected turning movement phases and forecast operations should all assist with keeping cut through traffic out of the neighbourhood. Therefore, proactively implementing traffic calming through the subdivision development process is not recommended. In the future, following the complete build-out of the neighbourhood, a review could occur that would consider actual neighbourhood traffic/travel data to determine if a need for traffic calming measures exists at that time.” Noise and Vibration A Noise and Vibration Impact Study prepared by Dillon Consulting, dated March 4, 2020 was submitted as part of the application. Proposed development within 300 metres of a railway right-of-way may be required to undertake noise studies, in consultation with the appropriate railway, and shall undertake appropriate measures to mitigate any adverse effects from noise that were identified. As well, proposed development within 75 metres of a railway right-of-way may be required to undertake vibration studies, in consultation with the appropriate railway, and shall undertake appropriate measures to mitigate any adverse effects from vibration that were identified. The proposed subdivision meets both of these criteria, therefore the appropriate studies were required as part of the application.


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With regard to noise, the study concluded that transportation noise impacts on the proposed development can be sufficiently controlled by the following means, all of which form conditions of final approval: • Utilizing brick veneer façades, or equivalent for the non-glazing portion of dwellings

closest to the railway right-of-way.

• Installation of upgraded glazing components dwellings closest to the railway right-of-way.

• Inclusion of a provision for the installation of central air conditioning the following

warning clause for dwellings in the periphery of the subdivision:

o “This dwelling unit has been designed with the provision for adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks."

• The installation of central air conditioning with the following warning clause for dwellings closest to the railway right-of-way:

o "This dwelling unit has been supplied 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 sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks."

• With regard to vibration, ground-borne vibration impacts are not anticipated on the

proposed development and no vibration mitigation measures are recommended. However, the inclusion of a the following warning clause for all dwellings within the proposed subdivision which reads:

o “Purchasers are advised that Canadian Pacific Railway Company (CPR) or its assigns or successors in interest has or have a right-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the rail facilities on such right-of-way in the future, including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CPR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid right-of-way.”


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• The installation of multiple acoustic barrier as described in the report and shown in

Figure 4 (shown below), are required:

In summary, the proposed subdivision is appropriate for this location. It will provide for an infill of residential units in a desired area of Chatham. The proposal maintains the general intent and purpose of the Official Plan. Zoning By-law The northerly portion of the subject property abutting existing residential development is zoned Residential Low Density Fifth (RL5), which permits single detached dwellings. The southerly portion of the property is zoned Residential Medium Density Second (RM2), which permits fourplex, row house (townhouse), apartment, and senior citizen dwellings. The applicant is requesting changes to the zoning regulations of the property to implement the proposed development, including:

• Adding semi-detached dwellings and row house (townhouse) dwellings as additional permitted uses over Lots 1-28 & 29-42 and Blocks 1 & 5.


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• Adding single detached dwellings and semi-detached dwellings as an additional permitted use over Blocks 2-4 & 6.

• Zoning Block 8 (Stormwater Management Pond) to the Open Space (OS1) zone.

The surrounding neighbourhood is a mix of single detached dwellings along Churchill Park Road, Earl Drive, Randolf Crescent, Kerr Avenue, and Warwick Drive; row house (townhouse) dwellings along Clara Crescent, Marlborough Drive, and Duchess Drive; and an apartment dwelling and commercial building on Merritt Avenue.

The applicant is proposing to construct single detached dwellings along the extension of Kerr Avenue and Warwick Drive. Churchill Park Road is planned for single detached dwellings then transition to row house (townhouse) dwellings for the balance of the lands to the south. Although the current proposal is for single detached and row house (townhouse) dwellings in this area, the applicant has requested that semi-detached dwelling also be permitted to provide some flexibility.

There is no zoning by-law amendment proposed for the balance of the RM2 zoned lands.

The proposed amendment is appropriate for this location. It will provide for an infill of residential units in a desired area of Chatham. The proposed amendment maintains the general intent and purpose of the Official Plan and Zoning By-law.

Conclusion The proposed Draft Plan of Subdivision and Zoning By-law Amendment applications have been reviewed in the context of the Provincial Policy Statement and Chatham-Kent Official Plan, and will be in full conformity, if approved. Therefore, the applications are being recommended for approval. Areas of Strategic Focus and Critical Success Factors The recommendations in this report support the following areas of strategic focus:

Economic Prosperity: Chatham-Kent is an innovative and thriving community with a diversified economy

A Healthy and Safe Community: Chatham-Kent is a healthy and safe community with sustainable population growth

People and Culture: Chatham-Kent is recognized as a culturally vibrant, dynamic, and creative community

Environmental Sustainability:


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Chatham-Kent is a community that is environmentally sustainable and promotes stewardship of our natural resources The recommendations in this report support the following critical success factors:

Financial Sustainability: The Corporation of the Municipality of Chatham-Kent is financially sustainable

Open, Transparent and Effective Governance: The Corporation of the Municipality of Chatham-Kent is open, transparent and effectively governed with efficient and bold, visionary leadership

Has the potential to support all areas of strategic focus & critical success factors

Neutral issues (does not support negatively or positively) Consultation Internal Technical Advisory Committee The Technical Advisory Committee supports the applications, subject to the Conditions of Approval (Appendix E). External Dillon Consulting Ltd. was retained by the applicant to obtain public comments in advance of the public meeting of Council. A summary of these comments with developer’s responses is attached as Appendix F.

Financial Implications There are no financial implications resulting from the recommendations. Prepared by: Reviewed by: ____________________________ __________________________ Ryan Jacques, MCIP, RPP Bruce McAllister, MCIP, RPP Manager, Planning Services Director, Planning Services


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Reviewed by: ____________________________ John Norton General Manager Community Development Attachments: Appendix A – Key Map

Appendix B – Photographs of Subject Property and Surrounding Area Appendix C – Draft Plan of Subdivision 36T-19501 Appendix D – Conceptual Development Plan Appendix E – Conditions of Approval for Draft Plan of Subdivision 36T-

19501 Appendix F – Summary of Public Comments Received by Dillon

Consulting By-law to amend By-law No. 216-2009

P:\RTC\Community Development\2020\Planning Services\April 27-20 2566288 Ontario Inc Report.docx


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Appendix A – Key Map


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Appendix B – Photographs of Subject Property and Surrounding Area


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Appendix E – Conditions of Draft Plan Approval for Draft Plan of Subdivision File 36T-19501

April 27, 2020

FILE NO: 36T-19501 APPLICANT: 2566288 Ontario Inc. The Corporation of the Municipality of Chatham-Kent’s conditions to final plan approval for registration of this subdivision, File No. 36T-19501, are as follows: NO. CONDITIONS

1. That this approval applies to the attached Draft Plan of Subdivision prepared by Dillon Consulting, dated February 13, 2020, which shows a total of 42 Lots, 11 Blocks, and Public Highways as follows:

• Forty-two (42) Lots for single detached, semi-detached dwellings, and row

house dwellings • Six (6) Blocks for single detached, semi-detached dwellings, and row house

dwellings • One (1) Block for multi-unit dwellings • Three (3) Blocks for Municipal Services • Five (5) Public Highways

2. That approval of this Draft Plan of Subdivision will expire three (3) years from the

date of approval and in accordance with Section 51(32) of the Planning Act.

3. That the applicant provide a hard copy and AutoCAD.dwg version of the final draft plan projected to the NAD 83/UTM Zone 17N coordinate system, prior to final registration of the plan.

4. That the road allowance included in this draft plan shall be dedicated as a public highway.

5. That Block 10 be dedicated as a public highway named ‘Oak Street’ on the final

Plan of Subdivision.

6. That any dead ends and open sides of road allowances created by this draft plan or by future proposed phasing shall be terminated by 0.3 m reserves to be conveyed to, and held in trust by, the Municipality.

7. That prior to final approval, an easement be conveyed to the Municipality over a part

of the lands described as Part Lot 22, Concession 1, Eastern Boundary, Raleigh; Chatham-Kent being all of PIN 00524-0019, to be further described by a Reference Plan, which extends approximately from Block 9 on the Draft Plan of Subdivision to


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Merritt Avenue, for the provision of storm sewer infrastructure.

8. That immediately following final approval, Blocks 8, 9 & 11 be conveyed to the Municipality.

9. That prior to final approval, the land is to be zoned to reflect the residential uses

proposed, with site and building regulations appropriate to those uses, and that the final plan shall conform with the Municipality’s Zoning By-law as thereby amended.

10. That the Owner agree in writing to satisfy all the requirements, financial and

otherwise, of the Municipality concerning the provision of paved roads, sidewalks and installation of services and drainage and in accordance with Municipality’s Development Standards and to the satisfaction of the Municipal Engineer prior to final registration.

11. That such easements as may be required for walkways, utility or drainage purposes

shall be granted to the appropriate authority, and in a form acceptable to the authority.

12. That if any underground or overhead utility line, pipeline, drain or other facility must

be relocated, replaced or otherwise altered as a result of the subdivision, this shall be at the Owner’s sole cost and expense.

13. That signs be erected, located and maintained, to the satisfaction of the Municipality, at the entrance to the subdivision to show the roadway layout within the boundary of the development and include the location of the lots.

14. That the Owner provide a soil report, indicating the suitability and stability of the

soils for the proposed development, to be prepared by a professional engineer at the Owner’s sole cost and expense.

15. That the Subdivision Agreement between the Owner and the Municipality include,

as an attached schedule, the soil report described in Condition 14.

16. That the Subdivision Agreement between the Owner and the Municipality make reference to any special requirements recommended in the soil report described in Condition 14.

17. That the Subdivision Agreement between the Owner and Municipality include a

clause that at the time of Building Permit application the Chief Building Official may require additional Geo-Technical investigation before building permits are issued.

18. That the Subdivision Agreement between the Owner and the Municipality contain

provisions for the looping of watermains satisfactory to the Municipality.


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19. That the Subdivision Agreement between the Owner and the Municipality includes a clause requiring the planting of one tree per final proposed dwelling unit, totaling 60, in accordance with Municipal policy.

20. That the Owner enters into a Subdivision Servicing Agreement satisfactory to the

Municipality of Chatham-Kent to comply with the Municipality’s Development Standards, and the engineering review of the construction drawings, and will provide for the installation full municipal services, which will include the following provisions:

a) Sidewalks to be installed on:

i. east side of Churchill Park Road ii. south side of Earl Drive, from Churchill Park Road to Randolph

Crescent iii. through Block 11, connecting pathway to Kerr Avenue iv. both sides of Kerr Avenue and Warwick Drive

b) Pathway to be installed in Municipal Park connecting existing pathway to

sidewalk in Block 11.

c) Removal dead-end pathway in Municipal Park.

d) Restoration of Municipal Park.

e) Storm Sewer connections to Kerr Avenue and Warwick Drive: i. 15 metres from both Kerr Avenue and Warwick Drive are permitted to

outlet to the Kerr Avenue storm sewer system ii. Flows are restricted to 15 L/s iii. The 100-year storm event cannot flow overland into the Kerr Avenue

and Warwick Drive storm sewer systems f) Road classification types for proposed streets shall be:

i. Kerr Avenue – Local Road ii. Oak Street – Local Road iii. Warwick Drive – Local Road iv. Churchill Park Road – Local Road v. ‘Street ‘A’’ – Local Road

g) Phasing:

i. All dead-end streets shall have turn-arounds and must be removed after no longer in use. Temporary dead-ends shall not exceed 300 metres in length measured to the end of the cul-de-sac.

21. That the Subdivision Agreement between the Owner and Municipality include a

clause that appropriate dust, dirt and control measures be applied during construction and for any unpaved road surfaces.


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22. That the Subdivision Agreement between the Owner and Municipality include a clause that all vacant blocks not under construction be grass seeded for weed control.

23. That all offers of purchase and sale for all Lots and Blocks contain the following

clause:

“Purchasers are advised that Canadian Pacific Railway Company or its assigns or successors in interest has or have a right-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the rail facilities on such right-of-way in the future, including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CPR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid right-of-way.” as described in Transportation Noise and Vibration Assessment, prepared by Dillon Consulting and dated March 2020.

24. That Lots 6-8, 16-21, 26 & 29-32 and Blocks 1 & 5 include a provision for the installation of central air conditioning and all offers of purchase and sale contain the following clause: “This dwelling unit has been designed with the provision for adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." as described in Transportation Noise and Vibration Assessment, prepared by Dillon Consulting and dated March 2020.

25. That Block 2-4 & 6 include:

a) The installation of central air conditioning b) Utilizing brick veneer façades, or an acoustical equivalent of STC-54, for the

non-glazing portion of dwellings c) Installation of upgraded glazing components d) That all offers of purchase and sale contain the following clause:

"This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring


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that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." as described in Transportation Noise and Vibration Assessment, prepared by Dillon Consulting and dated March 2020.

26. That the Owner install a 2.5-metre high multiple acoustic barrier in Blocks 1-6 as

described in Transportation Noise and Vibration Assessment, prepared by Dillon Consulting and dated March 2020.

27. The Owner shall agree in the Agreement, in words satisfactory to the applicable

telecommunications provider, to grant the telecommunications provider any easements that may be required for telecommunications services. Easements may be required subject to final servicing decisions. In the event of any conflict with the existing telecommunications provider facilities or easements, the owner/developer shall be responsible for the relocation of such facilities or easements.

28. The Owner shall be required to enter into an agreement (Letter of Understanding)

with the telecommunications provider complying with any underground servicing conditions imposed by the Municipality, and if no such conditions are imposed the owner shall advise the Municipality of the arrangement made for such servicing.

29. That the Owner provide payment-in-lieu of parkland in accordance with Section 51.1 of the Planning Act.

30. That the Owner shall agree to provide the necessary details for the provision of adequate servicing corridors to the satisfaction of Bell Canada, Union Gas, Hydro One or Entegrus, and Cogeco Cable, and provide documentation that the above noted utilities are in agreement with the corridor details.

31. That the Subdivision Agreement between the Owner and the Municipality be

registered against the lands to which it applies.

Notes To Draft Approval:

1. It is the owner’s responsibility to fulfill the conditions of draft approval and to ensure that any required clearance letters are forwarded by the appropriate agencies to the Municipality, quoting the plan of subdivision file number.

2. The applicant should be aware of the following subsections of the Land Titles Act,

R.S.O. 1990, c.L.5:

a) Subsection 144(1) requires all new plans be registered in a Land Titles system if the land is situated in a land titles division; and

b) Subsection 144(2) allows certain exceptions.


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3. All measurements on the subdivision final plan must be presented in metric units. 4. Council, in its discretion, may withdraw the draft approval or change the conditions

of approval at any time before final approval is given (Subsection 51(44) of the Planning Act).

5. The Ministry of Environment must be advised immediately should waste materials

and/or other contaminants be discovered during the development of this plan of subdivision. If discovered, a further approval under Section 46 of the Environmental Protection Act may be required from the Ministry of Environment.

6. Prior to final approval, a hard and electronic copy of the draft plan must be submitted to the telecommunications provider for review and comment.

7. The applicant or any public body may, at any time before final approval is given,

appeal any of the conditions of approval to the Ontario Municipal Board by filing with the Municipality a notice of appeal setting out the reason(s) for the appeal, accompanied by the fee required by the Board (Subsection 51(39) of the Planning Act).

8. Prior to final approval, a hard copy and electronic version of the draft plan, must be

submitted to Bell Canada, Union Gas, Hydro One or Entegrus, and Cogeco Cable confirming that the space provided for utilities is sufficient.

9. Should the Owner or Municipality require underground Bell Canada facilities to

serve the subdivision, then the Owner must confirm with the Municipality that satisfactory arrangements have been made with Bell Canada for underground services.

10. The Owner is to also be advised that should any conflicts with existing Bell Canada

facilities or easements arise, the Owner shall be responsible for rearrangements or relocation. Further, the Owner is to provide easements as required to service the subdivision.

11. The applicant should be aware that it is municipal policy that division of row house

dwelling blocks into row house dwelling unit lots, will be through the consent process under Section 53 of the Planning Act, and, for greater clarity, not by Part Lot Control exemption.


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Appendix F – Summary of Public Comment Received by Dillon Consulting


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By-law Number ________

of The Corporation of the Municipality of Chatham-Kent

A By-law to Amend Zoning By-law 216-2009 of the Municipality of Chatham-Kent

(2566288 Ontario Inc.)

CityView # PL201900012

Whereas an application has been received for an amendment to the zoning by-law for a

certain parcel of land in the Community of Chatham in order to rezone the lands to

permit the development of single detached dwellings, semi-detached dwellings and row

house dwellings;

And Whereas the proposed use would conform to the Official Plan;

And Whereas Council, after due investigation and consideration, concurs in the

proposed amendment;

Now therefore be it and it is hereby enacted as By-law Number ________ of the

Corporation of the Municipality of Chatham-Kent:

1. That Schedule “A” of the By-law 216-2009, as amended, of the Municipality of

Chatham-Kent, be amended by changing the zoning classification from

Residential Low Density First (RL1) and Residential Medium Density Second

(RM2) to Residential Medium Density First-1436 and Open Space (RM1-1436

and OS1) on the lands so depicted on Schedule “A” hereto annexed and also

forming part of this by-law.

This By-law shall come into force and effect upon the final passing thereof, subject to

the provisions of the Planning Act, R.S.O. 1990 Chapter. P.13, as amended.

Read a First, Second and Third Time the 27th day of April, 2020.

__________________________

Mayor – Darrin Canniff

__________________________

Clerk - Judy Smith

This is Schedule “A” to By-law Number ________ of the Corporation of the Municipality

of Chatham-Kent passed on the 27th day of April, 2020.

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