BY-LAW NUMBER 9 ~ OF 2001 OF THE CITY OF SARNIA. "A By-law to Amend By-law 80 of 1980" Reference: ZBA of 1980 SO

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1 BY-LAW NUMBER 9 ~ OF 2001 OF THE CITY OF SARNIA "A By-law to Amend By-law 80 of 1980" Reference: ZBA of 1980 SO WHEREAS it is deemed expedient to amend By-law Number 80 of 1980 of the former Town of Clearwater; and WHEREAS the provisions of this By-law conform to the City of Sarnia Official Plan; and NOW THEREFORE the Council of the Corporation of the City of Sarnia enacts as follows: 1. That Schedule "A" attached hereto (being a description of the lands affected by this By-law) is hereby declared to form part of this By-law. 2. That Section 8 - RESIDENTIAL SUBURBAN (RS.) ZONE of Zoning By-law 80 of 1980, as amended, is hereby further amended by adding thereto the following: 8.13 RESIDENTIAL SUBURBAN 14 (RS.14) ZONE Permitted Uses Uses permitted in Section Site Regulations (a) Lot Area: (b) Lot Frontage: 0.4 hectares 30 metres (c) Front Yard: 12 metres minimum from a private road or 12 metre from a municipal road whichever is greater (d) All other regulations as contained in Section Building Regulations Same as regulations contained in Section That Zoning By-law Map PART 9 of By-law 80 of 1980 is hereby amended by changing the zoning symbol for the lands described in Section 1 of this By-law from the: FUTURE URBAN 2 (FU.2) ZONE to the RESIDENTIAL SUBURBAN 14 (RS.14) ZONE 4. Subject to Section 34[19], [21] and [30] ofthe Planning Act, R.S.O. 1990, this Bylaw comes into force and effect on the day it is finally passed. FINALLY PASSED THIS 28th DAY OF MAY, 2001 rl-~ CLERK

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3 70.Sm±..J cj t,... I C\I I z 0 I Cl g a::: ~ z :::> 0 () / NOT TO SCALE THIS IS SCHEDULE 'A'TO BY-LAW NO. PASSED THIS DAY OF vn9::::l1 ~Of ~ ( ~ ) -~"~"!vy ~/... TvOR~ CLE~~ " LORRAINE LOGAN NIW CORNER OF MODELAND RD. & BLACKWELL RD. PART OF LOT 46, FRONT CONCESSION CITY OF SARNIA PREPARED BY: CITY OF SARNIA PLANNING & BUILDING DEPARTMENT

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5 OF THE CITY OF SARNIA "A By-law to Ament Zoning By-law 80 of READINGS: FIRST: May 28, 2001 SECOND: May 28, 2001 THIRD: May 28, 2001 THE CORPORATION OF THE CITY OF SARNIA City Hall Sarnia, Ontario N7T 7N2

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7 corr~o~e.,,~ II (~ce~-. -[fl,ta).,) DEPARTMENT~~RRESPONDENCE PEOPLE SERVING PEOPLE DATE: TO: FROM: RE: May 23, 2001 Michael Schnare Director of the Planning and Building Department Patti L. Scherer Planner II PLAN OF SUBDIVISION APPLICATION SD & ZONING BY-LAW AMENDMENT APPLICATION of 1980 LOCATION: Northwest Corner of Blackwell Road and Modeland Road OWNER: Lorraine Logan APPLICANT: Oakridge Developments Corp. FILE NUMBER: SD & ZBA of 1980 AIM: To recommend to Council: (a) (b) that they grant Draft Approval to Plan of Subdivision Application SO , subject to the conditions contained in the recommendation section of this report and; that they approve the implementing zoning by-law for the lands subject of Draft Plan of Subdivision SO BACKGROUND: On May 14, 2001, Council held a public meeting and approved in principle the above noted plan of Subdivision Application, subject to staff providing a final list of conditions, to permit the development of seven (7), minimum one (1) acre detached dwelling lots. Requirements in the Planning Act do not permit Council to make a decision respecting the draft approval until 15 days after a public meeting. Staff are now in a position to recommend that Council grant Draft Approval to the Plan of Subdivision, subject to the conditions contained in the recommendation section of this report. Also find attached the implementing by-law for the above noted Zoning By-law Amendment Application which was approved in principle by Council on May 14, The By-law proposes to change the zoning on the lands from Future Urban 2 (FU.2) Zone to a Residential Suburban Zone. Please have the By-law forwarded to Council for their consideration and approval. RECOMMENDATIONS: DRAFT PLAN OF SUBDIVISION That Council grant draft approval to Plan of Subdivision Application SO , subject to the following: (a) That Council approve in principle Draft Plan of Subdivision SO , prepared by Nisbet

8 Robertson dated February 16, 2001, as red-lined, which shows 7 detached suburban residential dwelling lots being Lots 1 to 7, 2 blocks for a maintenance and public access to and along the top-of -bank of the pond, being Blocks 8 & 9, subject to the following conditions: 1. That the Owner satisfy the County of Lambton with respect to the following conditions (i) (ii) That the owner agrees to submit final servicing plans completed by a qualified engineer or hydrogeologist with recognized experience in sewage and potable water system designs. The plan must include, as a minimum, evaluations of soil percolation rates, ground water elevations, ground water mounding and impacts on adjacent water courses. The plan will set out the location of the sewage system envelope and spare replacement areas for each lot to prevent the system on a lot from impacting any other lots. The size and location ofthe sewage system envelope shall be determined in accordance with the Ontario Building Code by the applicant's soils consultant. The final servicing plan must also provide sewage system design specifications for each lot and include individual lot plans showing existing and proposed contours; required drainage facilities complete with elevations and direction of water flows (ie. swales, ditches, infiltration trenches, etc.); a building envelope and a rear yard amenities envelope (for pools, patios, sundecks etc.). The plans will be included as schedules to the subdivision agreement. That the subdivision agreement between the Owner and the Municipality contain wording acceptable to the County of Lambton, requiring that a Notice of Advisory " be applied to all lots within the plan of subdivision". This "Notice of Advisory" will be incorporated into the subdivision agreement and will be included in all agreements of purchase and sale or lease of these lots. Wording identical or similar to the following will be used. "The lots within this plan of subdivision are serviced by private on-site sewage systems. The sewage system envelope for this lot is required to contain sufficient area for an approved sewage system and a 100% contingency area for a second leaching bed. Under no circumstances shall any building or structure (ie. sheds, pools etc.) be located within the sewage system envelope. 2. That the owner convey Blocks 8 and 9 to the City as their parkland dedication. 3. That the owner satisfy the City with respect to the development of the lots (ie. servicing, grading) which includes, but is not necessarily limited to, the following: (i) (ii) (iii) (iv) new water services be installed for the new lots at the expense of the owner; that the owner contribute to the cost of street lighting and the waterline on Blackwell Road; that an overall lot grading plan, prepared by an Ontario Land Surveyor, which demonstrates to the satisfaction of the City, that the newly created lots are graded in a manner which will not adversely affect adjacent lands, being submitted for the lots. the construction of the private driveway and installation of landscaping between the

9 1I(~) private road and Blackwell and Modeland Roads. 4. That the owner enter into a Subdivision Agreement with the City, which shall be registered on the title of the lands, once the plan of subdivision is registered and which shall satisfy all the concerns of the City, financially and otherwise and which shall include, the following provision: (i) That all new dwellings constructed on the lots be required to incorporate engineered methane venting facilities within their construction. 5. That all municipal taxes and local improvements including interest and penalties thereon that are owing and payable with respect to the lots be paid to date. 6. That the owner satisfy the City with respect to the dedication of a road widening on Blackwell Road across the frontage of the entire property. 7. That the Owner convey a 2.1 metre wide road widening on Modeland Road to the County, if deemed necessary. 8. That prior to final approval, the appropriate zoning, satisfactory to the City, be in effect on the lands. 9. That an archaeological assessment of the lands be prepared by a qualified archaeologist and any significant resources present be removed and documented through excavation prior to construction or preserved intact while development proceeds around the property. 10 That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority. 11. That a notice be placed on title of each of the subdivided lots to advise the prospective land purchasers of the prior existing use of abutting lands for landfill purposes and that the abutting lands will continue to be subject to ongoing operations and maintenance in its capacity as a closed landfill site. Notes to the Approval: 1. All measurements in the final subdivision Plan must be in metric units. 2. The final plan approved by the City must be registered within 30 days orthe City may withdraw the approval under subsection 51 (59) of the Planning Act, R.S.O

10 11('1) 10 BY-LAW NUMBER OF 2001 OF THE CITY OF SARNIA "A By-law to Amend By-law 80 of 1980" Reference: ZBA of 1980 SO WHEREAS it is deemed expedient to amend By-law Number 80 of 1980 of the former Town of Clearwater; and and WHEREAS the provisions ofthis By-law conform to the City of Sarnia Official Plan; follows: NOW THEREFORE the Council of the Corporation of the City of Sarnia enacts as 1. That Schedule "A" attached hereto (being a description of the lands affected by this By-law) is hereby declared to form part of this By-law. 2. That Section 8 - RESIDENTIAL SUBURBAN (RS.) ZONE of Zoning By-law 80 of 1980, as amended, is hereby further amended by adding thereto the following: RESIDENTIAL SUBURBAN 14 (RS.14) ZONE Permitted Uses Uses permitted in Section 8.1 Site Regulations (a) Lot Area: 0.4 hectares (b) Lot Frontage: 30 metres (c) Front Yard: 12 metres minimum from a private road or 12 metre from a municipal road whichever is greater (d) All other regulations as contained in Section Building Regulations Same as regulations contained in Section That Zoning By-law Map PART 9 of By-law 80 of 1980 is hereby amended by changing the zoning symbol for the lands described In Section 1 of this By-law from the: FUTURE URBAN 2 (FU.2) ZONE to the RESIDENTIAL SUBURBAN 14 (RS.14) ZONE 4. Subject to Section 34[191, [21] and [30] of the Planning Act, R.S.O. 1990, this By-law comes into force and effect on the day it is finally passed. FINALLY PASSED THIS 28th DAY OF MAY, 2001 MAYOR CLERK

11 DEPARTMENT CORRESPONDENCE People Serving People TO: FROM: Mike Schnare Director of Planning & Building Evelyn Laird Clerk's Office DATE: RE: Rezoning Application No of 1980 Oakridge Developments - NW Corner of Blackwell and Modeland Attached is a copy of By-Law 92 of2001, being "A By-Law to Amend By-Law 80 of 1980", which was passed by Sarnia City Council at its meeting held May 28 th " c.c. By-Law File R. Jackson J. Knight

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13 CERTIFICATE UNDER SECTION 34 (22) OF THE PLANNING ACT R.S.O. 1990, Chap. P.13 MAKE OATH AND SAY: I, Ann Tuplin, of the City of Sa mia, in the County of Lamb ton, 1. THAT I am the Clerk of the Corporation of the City of Samia, and as such have knowledge of the matters hereinafter deposed to. 2. THAT Notice under Subsection 18 of Section 34 of the Planning Act R.S.O. 1990, Chap. P.13 of the passing of By-Law Number 92 of 2001 of the Corporation of the City ofsamia on the 28th day of May, 2001, was given in the manner and form and to the persons prescribed by Regulation 199/96, as amended, made by the Lieutenant Govemor-in-Council. 3. THAT, pursuant to Sub-Section 19, no written notice of appeal was received by the 21 st day of June, SWORN BEFORE ME at the ) City of Samia, ) in the County of Lambton, ) this day of ) )

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