HomeMy WebLinkAboutPSD-059-06
Cl!Jlpn
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Tuesday, May 23, 2006
Report #: PSD-059-06
File #: COPA 2005-009
ZBA 2006-0013 & 18T-96013
By-law #: (2:, () 0 f-. - II ~
22. D () () - I '--3
hP fl-!). L{O"O ~
Subject:
PROPOSED OFFICIAL PLAN AMENDMENT, REZONING AND AMENDMENT
TO DRAFT APPROVED PLAN OF SUBDIVISION 18T -96013 TO PERMIT THE
DEVELOPMENT OF 38 SEMI-DETACHED/LINK DWELLINGS ON A SCHOOL
BLOCK
APPLICANT: CCCC DURHAM WEST LTD. (THE KAITLlN GROUP LTD.)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-059-06 be received;
2. THAT Amendment No. 50 to the Clarington Official Plan as submitted by CCCC
Durham West Ltd. to delete the requirement for a Public Elementary School to permit
the development of nineteen (19) lots for thirty-eight (38) semi-detached/linked dwelling
units as contained in Attachment 2 be adopted and the By-law contained in Attachment
3 be passed;
3. THAT the amendment to Draft Approved Plan of Subdivision 18T-96013, submitted by
CCCC Durham West Ltd. be APPROVED subject to the conditions contained in
Attachment 5;
4. THAT provided that there are no significant issues raised in the Public Meeting, the
proposed Zoning By-law contained in Attachment 6, be passed;
5. THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time
that the applicant has entered into a subdivision agreement;
REPORT NO.: PSD-059-06
PAGE 2
6. THAT the Mayor and Clerk be authorized by By-law, to execute an amendment to
Subdivision Agreement between the Owner and the Municipality of Clarington at such
time as the agreement has been finalized to the satisfaction of the Directors of
Engineering Services and Planning Services;
7. THAT a copy of Report PSD-059-06 and Council's decision be forwarded to the Region
of Durham Planning Department; and
8. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
~ ReVieWedbY:()~
Da i . Crome, M.C.I.P., R.P.P. Franklin Wu,
Direc or of Planning Services Chief Administrative Officer
TW*CP*DJC*jd*df
12 May 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-059-06
PAGE 3
1.0 APPLICATION DETAILS
1.1 Applicant:
CCCC Durham West Ltd (The Kaitlin Group Ltd.)
1.2 Official Plan Amendment:
To delete the provision for a Public Elementary School to permit the
development of nineteen (19) lots for thirty-eight (38) semi-
detached/linked dwelling units.
1.3 Amendment to Draft Approved Plan of Subdivision:
To revise a previously draft approved school block to permit the
development of nineteen (19) lots for thirty-eight (38) semi-
detached/linked dwellings with a minimum lot frontage of 23.2 metres on
a crescent shaped street, identified as "Street V".
1.4 Amendment to Zoning By-law:
From: "Holding - Urban Residential Exception ((H) R1-39)" to increase
the minimum required rear yard setback from 5.0 metres to 7.5 metres.
1.5 Area of Proposed Amendment:
2.40 hectares (5.93 acres)
2.0 LOCATION
2.1 The subject lands are located on the south side of Milligan Street, west of Port of
Newcastle Drive and east of Toronto Street, being in Part of Lots 29 and 30, Broken
Front Concession, former Village of Newcastle.
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The lands subject to the amendments are currently vacant and are generally flat.
3.2 Surrounding Uses:
North -
South -
East -
West -
Vacant residential and the Hydro One Corridor
Pearce Farm Park
Residential
Vacant draft approved Residential land
4.0 BACKGROUND
4.1 On June 13, 2005 Staff received notification from the Kawartha Pine Ridge District
School Board that they no longer required an elementary school within the Port of
Newcastle Neighbourhood area and were withdrawing their interest in block 267.
REPORT NO.: PSD-059-06
PAGE 4
4.2 On October 5, 2005, The Kaitlin Group submitted an application to amend Draft
Approved Plan of Subdivision 18T-96013. In order to support that application, an
application to amend the Clarington Official Plan was received on November 1, 2005.
The Official Plan Amendment requests the deletion of the provisions for a Public
Elementary School in order to permit the development of nineteen (19) lots for semi-
detached/link dwelling units on a previously approved school block.
4.3 On April 19, 2005 following discussions with Planning staff an application to amend
Zoning By-law 84-63 was submitted requesting increased rear yard setbacks of 7.5
metres for the proposed development. The current zoning of the lands permits rear
yard setbacks of 5.0 metres to a dwelling and 2.6 metres to an uncovered deck. This
application was submitted to address Planning staff concerns with the current rear yard
setback provision.
5.0 PROVINCIAL POLICY STATEMENT
5.1 The applications are consistent with the housing policies contained in Section 1.4 of the
2005 Provincial Policy Statement (PPS). Planning authorities are required to provide for
a range of housing types and densities with a ten year supply of lands which are
designated, and a three year supply of zoned and serviced lands within draft approved
and registered plans. New housing is to be directed to locations where infrastructure
and public services are available. The PPS also states the infrastructure and public
services shall be provided in a co-ordinated, efficient and cost-effective manner to
accommodate projected needs.
6.0 OFFICIAL PLAN POLICIES
6.1 Durham Reqion Official Plan
The lands are designated as Living Area within the Durham Regional Official Plan. The
predominant use of the lands within the Living Area designation shall be for housing
purposes. The application conforms.
6.2 Clarinqton Official Plan
In the Clarington Official Plan, the subject lands are designated as Urban Residential
with a Public Elementary School symbol. The lands are within the Port of Newcastle
Neighbourhood, which has a population allocation of 2,800 and a housing unit target of
1,075. Phase I consists of 366 registered units, while the current proposal for Phase II
consists of 724. There are an additional 49 units in the Port of Newcastle
Neighbourhood for a total of 1,139 units, which exceeds the unit allocation by 64. As a
result, the population for the Port of Newcastle Neighbourhood increases from 2,800 to
2,990. The increase in both population and unit allocation is below 10% and is
considered to be in conformity with the Official Plan based on the interpretation policies.
REPORT NO.: PSD-059-06
PAGE 5
7.0 ZONING BY-LAW
7.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned "Holding
- Urban Residential Exception ((H)R1-39)". The zoning by-law amendment was
submitted to require an increase in the minimum rear yard setback.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 A statutory Public meeting on the Official Plan Amendment and amendment to Draft
Approved Plan of Subdivision was held on February 6, 2006. A resident spoke in
opposition to the proposal due to a concern that the Newcastle Public School site
already has portables, and the resident believes this site is warranted.
8.2 Public Notice was given by mail to each landowner within 120 metres of the subject for
the inclusion of the rezoning application. A Public Meeting sign was installed on
Milligan Street.
8.3 Staff have received one (1) enquiry on the proposed official plan amendment and to
draft approval. The person objects to the removal of the school block and feels their
property value will decrease. Although a school block was originally draft approved for
this neighbourhood in accordance with the Official Plan policies. The School Board has
determined that they no longer wish to build a school in this neighbourhood.
9.0 AGENCY COMMENTS
9.1 The Clarington Emergency and Fire Services, Ganaraska Region Conservation
Authority, Hydro One Networks Inc., Veridian Connections, Peterborough Victoria
Northumberland Clarington District School Board, Conseil Scolaire de District
Catholique Centre-Sud, Conseil Scolaire de District Centre-Sud, Canada Post and
Rogers Cable offered no comments or objections on the applications.
9.2 Enbridge Gas Distribution Inc. and Bell Canada requested standard conditions of draft
approval be included in the subdivision agreement.
9.3 The Kawartha Pine Ridge District School Board offered no objections to the
applications. They further indicated that students from this development will attend
Newcastle Public School which is currently overcapacity with 2 portables on site.
Grades 7 and 8 students will attend The Pines Senior Public School. The Board
requested sidewalks on all interior and exterior roads. Since the Board withdrew its
interest in the School Reserve Block, applicable conditions of draft approval can be
deleted.
9.4 The Clarington Engineering Services Department have reviewed the proposed
applications and have no objection of the applications subject to standard conditions. It
was noted that driveway locations and placement will be reviewed through the
REPORT NO.: PSD-059-06
PAGE 6
submission of the detailed Engineering drawings and must be to the satisfaction of the
Director of Engineering Services.
9.5 The Durham Region Planning Department indicated that the proposed amendment to
the Clarington Official Plan would be permitted by the policies of the Durham Region
Official Plan. The application was identified as achieving a primary objective of the
Region's Community Strategic Plan ensuring balanced growth by implementing
effective land use planning which supports compact development and healthy
neighbourhoods. The proposal would appear to provide for the safe and convenient
movement of pedestrians and transit riders.
These applications have been screened in accordance with the terms of the provincial
plan review responsibilities. Provincial issues were examined and the conditions of
draft approval, as amended, address the concerns relating to site contamination and
archaeological resources.
Water supply and sanitary sewer service is available. These services can be provided
to the proposed residential lots from the future services on Milligan Street.
The Official Plan amendment application is considered to have no significant Regional
or Provincial concerns. In accordance with Regional By-law 11-2000, this application is
exempt from Regional approval.
Certain conditions of draft approval would need to be modified.
1 0.0 STAFF COMMENTS
10.1 The proposed amendment to Draft Approved Plan of Subdivision 18T-96013, contains a
street pattern and lot layout that is consistent with the existing neighbourhood design.
10.2 The freehold dwelling lots in the Port of Newcastle had previously developed as
wide/shallow lots. A link lot would have an 11.6 metre frontage and a minimum rear
yard setback of 5.0 metres as opposed to the typical 9.0 metre frontage and 7.5 metre
rear yard. Due to a number of complaints received from residents in the Phase I Port of
Newcastle development regarding inadequate amenity area in their rear yards and
concerns with regard to the installation of accessory structures such as swimming
pools, decks and sheds, the Zoning By-law amendment proposes to increase the
minimum required rear yard setback to 7.5 metres for a dwelling and 5.1 metres to an
uncovered deck. The applicant has also ensured that the lots have a minimum depth
of 29 metres. The rezoning application is similar to the one passed last June for the
balance of the Phase II Port of Newcastle lands currently under development by the
Kaitlin Group and Kylemore Homes.
REPORT NO.: PSD-059-06
PAGE 7
11.0 CONCLUSION
11.1 Prior to scheduling a recommendation report to Committee and Council on a draft plan
of subdivision application, a list of the proposed conditions of draft approval were
submitted to the applicant for their review and concurrence with the same. The
purpose of this exercise is to determine if there are any conditions of draft approval that
the applicant does not agree with and that they be identified for further discussion
purposes. The applicant has provided concurrence with the attached Conditions of
Draft Approval.
11.2 In consideration of the comments received from circulated agencies and review of the
proposal, staff recommend:
· Adoption of Official Plan Amendment #50 as contained in Attachment 2 and
approval of the By-lay as contained in Attachment 3;
· Approval of the amendment to Draft Approved Plan of Subdivision 18T-96013, as
contained in Attachment 4, subject to the conditions contained in Attachment 5;
and
· Rezoning the subject lands within the plan of subdivision, as contained in
Attachment 6 provided that there are no significant issues raised in the Public
Meeting.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Amendment to the Clarington Official Plan
Attachment 3 - By-law to Adopt Official Plan Amendment #50
Attachment 4 - Proposed Amendment to Draft Approved Plan of Subdivision 18T -96013
Attachment 4(a) - Excerpt of the Proposed Amendment to Draft Approved Plan of
Subdivision 18T -96013
Attachment 5 - Conditions of Draft Approval
Attachment 6 - Zoning By-law Amendment
Interested parties to be advised of Council's decision:
Masood Vatandoust
Linda, Dennis and David Brown
Adrian King
Jill Watson
Kelvin Whalen, The Kaitlin Group
CJ)
co J"o..
J"o.. J"o.. N
co J"o.. N
LO J"o.. N
J"o.. N
N
0
CO
N
~
T""
N CJ)
r- ('I') CJ) N
W 0) N
W N I--..
0:: f:j
r-
Cf)
0 fE
0) CJ)
N
ex) CO C/)
Z ex) N
<( N
(!)
...J
...J
~
'"""
CO
N
J"o.. ~
CO
N
Q.
111
:i:
c
o
:g
u
o
-I
~
CI)
Q.
e
D..
-
C
CD
E
M"
T"" C
o CD
o E
cb<c
g ~
N.
<C ~
mID
N~
'2
o
N
~
-
c
CD
E
"
c
CD
en E
O<c
o c
c;> ftS
11)-
0Q.
Oc;
N .-
u
<C .-
0..8
o c
o 0
-
C)
c
'c
.!
(.)
Attachment 1
rt PSD-059-06
To Repo
-
c
CD
E
"
c
CD
E
M<C
-c- C
0.2
U) en
en '>
. .-
1-"
CO,c
-c- ::s
U)
-
o
C
.!!!
Q.
"C
:i
-
II)
CI)
~
E
co
J:
...
::::l
C
(.)
(.)
(.)
(.)
Attachment 2
To Report PSD-059-06
PROPOSED
AMENDMENT NO. 50
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE:
The purpose of this amendment is to delete the
"Public Elementary School symbol from the subject
lands.
BASIS:
The basis of this amendment is an application from
CCCC Durham West Ltd. (The Kaitlin Group Ltd.)
ACTUAL
AMENDMENT:
The Clarington Official Plan is hereby amended as
follows:
1. By amending Map A4- Land Use Newcastle Urban
Area as shown on Schedule 'A' attached hereto.
IMPLEMENTATION:
The provisions of the Clarington Official Plan as
amended, regarding the implementation of the Plan,
shall apply with respect to this amendment.
INTERPRETATION:
The provisions set forth in the Clarington Official Plan,
amended, regarding the implementation of the Plan,
shall apply with respect to this amendment.
.
~-
"'M
, !!;~__.u
(~
'\
(
\\
~}
lAKE" OtVTAHIO
,r....,.,...
/. r~
~L-./
DELETE
PUBLIC ELEM.~~"'1<
SCHOOL S~..,BOL
..J..l'"'=s'~,-.-,\
. ~,,,,,,*.,",,r-
''',
""
............~-~
- - - UR8AH BOUHDARY
1III==':k
_ GllEEll. SI'>\C(
_ WATEllI'ROHT GRfPlWA.Y
_ COllIolUNfTY_
. tl<lSlIllCT P_
. NfIClH8OVRllOOO p_
M
5'
.;
g
MAP A4
LAND USE
NEWCASTLE VILLAGE URBAN AREA
t
~ =RfSIOEHTIAl
l.I!I8AN RfWENT....
ll~ ~$ITY
_ ~N CENl'ltAL AAEA
_ 1.0CAl. C~ AREA
III ~tmlllIol. AAEA
_ UTIUTI'
PUlIlUC
UC<lIfOAAY SCIiOOt.
$fPll/lATt
UCONQ.\RY.. SCHOOl..
PU&IC
EI.EIlOO_ $CHO(ll.
W>ARATE
ElOolENT_ SCI<<lOl.
I ~ ~~8Y~ WRxoI( I
------. SPECW, ll(lUCY Nl&.
-- ~NIEA
.. ~sw NQOE
Omt\A.1. PlAN
lolUNlClPAUlYOF C1.ARING!QN
llECE__ '. _
Ij;~~~~
...
.c)O. fM)) ~""
MAP A4 - Revised October 24, 2005
Attachment 3
To Report PSD-059-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
being a Bylaw to adopt Amendment No. 50 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act, R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
NOW THEREFORE the Corporation of the Municipality of Clarington deems it advisable to
amend the Clarinqton Official Plan to delete the provision for a Public Elementary School to
permit the development of nineteen (19) lots for thirty-eight (38) semi-detached/linked dwelling
units;
NOW THEREFOf~E BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 50 to the Clarington Official Plan, being the attached Explanatory
Text is hereby adopted.
2. That this By-law shall come into force and take effect on the date of the passing hereof.
BY-LAW read a first time this
day of
2006
BY-LAW read a second time this
day of
2006
BY-LAW read a third time and finally passed this
day of
2006
John Mutton, Mayor
Patti L Barrie, Municipal Clerk
'''';l'''".
e
\
.,
\
'\
~ II
~ I
~
Q;;'
R
~
f:!
:s
~\~
~
tI
.
Attachment 4
To Report PSD-059-06
~
$
f
Cl
~
v
~il
JI i
'II r i ! r
hPt H;1
'lit . t
il -1.' i
II . ·
pI J 1
I Iii till
f
Ii. il
h'Wl !
;~tnh i
111111( :11
I: Hlw.
hhHt HI
z _",
-I
! t i
1- i!
f ~ Iii!
i ~ i}H
II lie IIU
!:1 I iluu
I
.;~ !
" .
I J I
UUUIiHdS
J;-"'-"~"" ........ ·
'I
:.1,1,..;",
;l~ illll ,Ill
I ~
i I
I f
i ~ II
, ~ -.
;~ i Gr.
~!! I . H!
~I~I~!IIW
~!!~iHum
. . tI
u.,,~.t:~i1.:
f
H.
_!.~1[q;'.2
""tl:l
~...
f iii
1= if
'9 ~v
ii~.;'1 .
"~;'li:E ~
~i1 i .. ..!
!;iWtH
...
(5
~
N.,!.
...:2
Ill.
g;
<>.01:
-R
!ll;~ ~
~ ~U!l
~og~~~!!
~~iiM~&
a~~Uda!l
~ 'I
. II 1 '.
9 JI. I
~ II!t ~,
~ !l~~l ~!
.. .. i! :::~ J
~ II
~
--l
w
oc/)
(tJ<[
iJI
D~
--.J
~
Attachment 4A
To Report PSD-059-06
LJ
<[
f--
C/)
-l
~~I~-
L-L~
11-1-1
1 I ~ I
~ ~
L~
......
}-
/~
ilr-III\ ~
I tit I ~ \
J
L~
~
-+-
-J
I
l-
I-
W
Z
>=I
o
::c
--et:J
3NI;,;Il ll3/'\ llIl
^
/
/
/
~
]6.247
!oJ
+ ~~ t ~
<C[O\ ~~
Z
~
91
~~
~\
--.J
--.J (tJ
I-< -.0 ...
-::::;E:->
~l;I
u~
D~
--.Jo
~
l
I
I I I-
II~I (U
'~I tj
Iw<[
I '81~
II~
II~
II
II
: I
2 800
]3.200
~
sl
NI9'09'11r~
"
-.N.
~
i I
I
~
~
j
lnllOo 11nllOo
~
]3.200 13 0
2 400
!oJ
~>l
alii
~~
....
z
*
<[
I~~ I ~ I ~ I ~ I ~ I ~ 10.J / /'-.....
~ "<t-..... ('---.. ~
1- 1- 1- 1- L -L -L \1- / ~ / /"- 'SJ
~ ~ / r '-.....
I[ BELSEY LANE '-./ ~,,/ ""
~
is
t::5
ii:/
M
~
o
U)
m
I
I-
CO
~
o
....
tn
C
o
"-
tn
"-
>
Q)
~
C)
c
"i
o
.c
tn
M
~
o
o
I
U)
o
o
N
<C
to
N
Attachment 5
To Report PSD-059-06
REVISION NO.2 TO DRAFT APPROVED PLAN OF SUBDIVSION 18T -96013
REVISED CONDITIONS OF DRAFT APPROVAL
Condition Nos. 1, 39 and 41 to 45 inclusive are deleted in their entirety and the existing
conditions are renumbered accordingly.
The original Condition NO.2 is deleted and replaced with a new Condition No. 1 as
follows:
"1. The Owner shall have the final plan prepared on the basis of
approved draft plan of subdivision 18T-96013 prepared by Bousfields
Inc. identified as drawing number 9333-2-90RL, dated May 3, 2006,
which illustrates a total of 724 units made of up of 208 lots for single
detached dwellings, 146 lots for 292 semi-detached dwellings, blocks
for 370 multiple residential units and mixed uses including
commercial and a hotel, blocks for park and open space, a block for
stormwater management, a water plant expansion block, and various
roads."
The original Condition No. 37 is deleted and replaced with a new Condition 36 as follows:
"36. That the Owner shall agree in the subdivision agreement to carry out
or cause to be carried out the recommendations and measures
contained within the reports approved under condition 34."
The original Condition No. 52 is deleted and replaced with a new Condition No. 45
as follows:
"45. Prior to final approval of this plan for registration, the Director of
Planning Services for the Municipality of Clarington shall be advised
in writing by:
a) The Regional Planning Department how Conditions 4, 8, 25,
27,39,40,41 and, 42 have been satisfied;
b) The Ganaraska Region Conservation Authority, how
Conditions 34, 35, 36, 37, and, 38 have been satisfied;
c) Enbridge Gas Distribution Inc., how Conditions 17 and 18
have been satisfied;
d) Bell Canada Right of Way, how Conditions 19 and 20 have
been satisfied."
Note NO.4 d) is deleted and the existing Notes are renumbered accordingly.
Consolidation conditions of draft approval have been prepared as an attachment
to this amendment to summarize all amendments made to date.
The other conditions remain unchanged.
CONSOLlDA TION
REVISED CONDITIONS OF DRAFT APPROVAL
Revised Plan of Subdivision 18T-96013
Part of Lots 28 to 31, Broken Front Concession, Former Village of Newcastle
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision 18T-96013 prepared by Bousfields Inc. identified as drawing number
9333-2-90RL, dated May 3, 2006, which illustrates a total of 724 units made of up
of 208 lots for single detached dwellings, 146 lots for 292 semi-detached dwellings,
blocks for 370 multiple residential units and mixed uses including commercial and a
hotel, blocks for park and open space, a block for stormwater management, a water
plant expansion block, and various roads.
FINAL PLAN REQUIREMENTS
2. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
3. The Owner shall name road allowances included in this draft plan to the satisfaction
of the Regional Municipality of Durham and the Municipality of Clarington.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. The Owner shall submit plans showing the proposed phasing to the Region of
Durham and the Municipality of Clarington for review and approval if this
subdivision is to be developed by more than one registration.
5. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain
area municipal approval of the zoning for the land uses shown on the approved
draft plan in accordance with the provisions of the Planning Act.
6. That the Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Engineering Services and the Director of
Planning Services for review and approval. The Landscaping Plan shall reflect the
design criteria of the Municipality as amended from time to time. The Stormwater
Management Pond located within Block 273 is to be included in this plan and the
existing walkways located on the north and west sides of the Block 273 must be
accommodated on the Landscape Plan.
7. The Owner shall submit a detailed tree preservation plan to the satisfaction of the
Municipality of Clarington. No trees shall be removed until such time as this plan
has been approved except as authorized by the Municipality.
8. Prior to entering into a subdivision agreement, the Regional Municipality of Durham
shall be satisfied that adequate water pollution control plant and water supply plant
capacities are available to the proposed subdivision.
REQUIREMENTS TO BE INCLUDED IN SUBDIVSION AGREEMENT
9. That the Owner shall enter into a Subdivision Agreement with the Municipality and
agree to abide by all terms and conditions of the Municipality's standard subdivision
agreement, including, but not limited to, the requirements that follow.
10. The Owner shall convey Block 268 to the Municipality of Clarington for park or other
public recreational purposes in accordance with the Planning Act.
11. The Owner shall convey Blocks 269, 270 and 271 to the Municipality of Clarington
free and clear of all encumbrances for Open Space.
12. The Owner acknowledges and agrees that the delineation of the use and
ownership of Block 274 is to be detailed and approved by the Municipality of
Clarington through a Site Plan approval.
13. The Owner acknowledges and agrees to re-grade the bluff to a 2: 1 slope along the
Lake Ontario Shoreline as described in Engineering Services report EGD-14-05.
The fill material generated by the re-grading is to be placed on the lands to be
developed residentially at a grade, elevation and manner consistent with the
approved conceptual grading plan for Phase II, and to the satisfaction and approval
of the Director of Engineering Services.
14. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities.
15. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc.
to be buried underground.
16. The developer is to co-ordinate the preparation of an overall utility distribution plan
to the satisfaction of all effected authorities.
17. The developer shall grade all streets to final elevation prior to the installation of the
gas lines and provide the necessary field survey information required for the
installation of the gas lines, all to the satisfaction of Enbridge Gas Distribution.
18. All of the natural gas distribution system will be installed within the proposed road
allowances therefore easements will not be required.
19. The Owner shall agree, in words satisfactory to Bell Canada, to grant to Bell
Canada any easements that may be required subject to final servicing decisions. In
the event of any conflict with existing Bell Canada facilities or easements, the
owner/developer shall be responsible for the relocation of such facilities or
easements.
20. The Owner shall be required to enter into an agreement (Letter of Understanding)
with Bell Canada 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 agreement made for such servicing.
21. That the Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria.
22. That prior to the issuance of building permits, access routes to the subdivision must
be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all
watermains and hydrants are fully serviced and the Owner agrees that during
construction, fire access routes be maintained according to Subsection 2.5.1.2 of
the Ontario Fire Code, storage of combustible waste be maintained as per
Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire
Code.
23. That the Owner shall provide the Municipality, at the time of execution of the
subdivision agreement unconditional and irrevocable, Letters of Credit acceptable
to the Municipality's Treasurer, with respect to Performance Guarantee,
Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as
may be required by the Municipality.
24. That the Owner shall pay to the Municipality, the development charge in
accordance to the Development Charge by-law as amended from time to time, as
well as payment of a portion of front end charges pursuant to the Development
Charge Act if any are required to be paid by the Owner.
25. Prior to final approval, the Owner is required to submit a signed Record of Site
Condition (RSC) to the Regional Municipality of Durham, the Municipality of
Clarington and the Ministry of Environment (MOE). This RSC must be to the
satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by
the MOE.
26. That the Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Engineering Services for review
and approval. All plans and drawings must conform to the Municipality's Design
Criteria as amended from time to time.
27. Prior to final approval, the proponent shall engage a qualified professional to carry
out to the satisfaction of the Ministry of Citizenship, Culture and Recreation, an
archaeological assessment of the entire property and mitigate, through preservation
or resource removal and documentation, adverse impacts to any significant
archaeological resources found. No demolition, grading or other soil disturbances
shall take place on the subject property prior to the Ministry of Citizenship, Culture
and Recreation confirming that all archaeological resource concerns have been met
including licensing and resource conversation requirements.
28. That where the Director of Engineering Services is of the opinion that there is a lot
grading and drainage problem on the corner lot, the Owner agrees that retaining
walls shall not be utilized and the following measures will be implemented:
a) architectural treatments to a building on a corner lot to the satisfaction
of the Director of Planning Services and the Director of Engineering
Services; and/or,
b) increase the exterior side yard setback to a building on a corner lot
from 3.0 metres to an appropriate exterior side yard setback of up to
3.6 metres maximum, as determined by the Director of Engineering
Services.
29. The Owner shall ensure all driveway entrances do not conflict with adjacent
driveway entrances on abutting lots to the satisfaction of the Director of
Engineering Services. In some cases it may be necessary to reduce the overall
width of the driveway to a minimum standard to eliminate any conflict.
30. The Municipality of Clarington shall be satisfied that all of the internal and external
municipal infrastructure works have been installed, or shall be installed, in the
abutting/adjacent plan of subdivision 18T-91 004.
31. The Owner shall provide for the removal of any existing temporary turning circles
within draft plan of subdivision18T-91 004, to the satisfaction of the Municipality of
Clarington. The Owner shall also ensure that the junction of Street "B" and Toronto
Street be realigned to an appropriate geometric configuration with a turning radius
which is sufficient and to the satisfaction of the Municipality of Clarington.
32. The Owner shall ensure that Toronto Street is realigned to an appropriate
geometric configuration (both horizontally and vertically) to the satisfaction of the
Director of Engineering Services.
33. The Owner shall deposit a "Performance Guarantee" with the Municipality of
Clarington for the works required by the approval of the Draft Plan of Subdivision
Phase II (18T-96013) in accordance with the Municipality's standard subdivision
agreement. The Performance Guarantee shall be in the amount equal to 100
percent of the works cost estimate approved by the Director of Engineering
Services for the works, including without limitation the 'Toronto Street Road
Reconstruction Works' from Foster Creek to the limit of the subdivision. The
Performance Guarantee for the 'Toronto Street Road Reconstruction Works' shall
be deposited at the registration of the phase containing Toronto Street.
34. Prior to anyon-site grading or construction or final registration of the plan, the
Owner shall submit and obtain approval from the Municipality of Clarington, and
the Ganaraska Conservation Authority for reports describing the following:
a) a stormwater management report be prepared in accordance with the
Port of Newcastle Stormwater Management Report (1996), and the
MOE Stormwater Management Planning and Design Manual (2003);
b) that a report be prepared detailing the means whereby erosion and
siltation will be minimized and contained on the site and both during
and subsequent to the construction period.
c) that an Environmental Impact Study be undertaken to assess the
following:
i) the anticipated impact of development on the Wilmot Creek
Rivermouth Wetland, and the proposed methods intended to
mitigate those impacts.
ii) the anticipated impact of the development on water quality as it
relates to fish and wildlife habitat, once adequate protective
measures have been undertaken.
35. That the Owner obtain all necessary Authority permits as required under GRCA's
Fill, Construction and Alteration to Waterways Regulation (Ont. 148/90 as
amended).
36. That the Owner shall agree in the subdivision agreement to carry out or cause to be
carried out the recommendations and measures contained within the reports
approved under condition 34.
37. The Owner agree in the subdivision agreement to maintain all erosion and siltation
control devices in good repair during the construction period in a manner
satisfactory to the Ganaraska Region Conservation Authority.
38. The Owner shall submit to Municipality of Clarington, a copy of the permit, issued
by the Ganaraska Conservation Authority regarding proposed alterations to the
watercourse (new spillway, culverts, etc.) for consideration under the Lakes and
Rivers Improvement Act.
39. The Owner agrees to include a notice in all purchase and sale agreements advising
potential purchasers that although a Minimum Distance Separation Buffer is
provided from the Wilmot Creek Water Pollution Control Plant (W.P.C.P.) in
accordance with the Ministry of the Environment Guidelines, odours may be
experienced in the vicinity of the W.P.C.P. from time to time. The wording is to be
provided in a manner that is acceptable to the Regional Municipality of Durham and
the Director of Planning Services.
40. 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 Regional Municipality of Durham. All
arrangements, financial and otherwise, for said extensions are to be made to the
satisfaction of the Regional Municipality of Durham, and are to be completed prior
to final approval of this plan.
41. The Owner shall ensure that any existing sanitary or water services within the plan
which are proposed to be relocated be maintained in full service until such time as
the new services have been completed and approved by the Region of Durham. All
costs incurred in relocation or abandonment of these services shall be borne by the
Owner.
42. The Owner shall satisfy all requirements, financial and otherwise, of the
Municipality of Clarington. This shall include, among other matters, the execution of
a subdivision agreement between the Owner and the Municipality of Clarington
concerning the provision and installation of roads, services, drainage and other
local services. This subdivision agreement shall also address well or private water
supply interference and a phasing plan which details the projected number of
building permits available for issuance based on an amount which is compatible
with the traffic capacity of the existing Mill Street underpass.
43. The Owner shall satisfy all requirements, financial and otherwise, of the Regional
Municipality of Durham. 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.
44. The subdivision agreement between the Owner and the Municipality of Clarington
shall contain, among other matters, the following provisions:
a) The Owner agrees to identify the route used to access the marina
during and after the construction period, highlighting any changes or
improvements to the current access route, to the approval of the
Ganaraska Region Conservation Authority.
b) The Owner agrees that no filling, grading or alteration to the water
course shall occur on the property without the prior written approval of
the Conservation Authority.
45. Prior to final approval of this plan for registration, the Director of Planning Services
for the Municipality of Clarington shall be advised in writing by:
a) The Regional Planning Department how Conditions 4, 8, 25, 27, 39,
40, 41 and, 42 have been satisfied;
b) The Ganaraska Region Conservation Authority, how Conditions 34,
35, 36, 37, and, 38 have been satisfied;
c) Enbridge Gas Distribution Inc., how Conditions 17 and 18 have been
satisfied;
d) Bell Canada Right of Way, how Conditions 19 and 20 have been
satisfied.
46. The Owner shall obtain sign permits from the Director of Planning Services in
accordance with the Municipality of Clarington Sign By-law 97-157 for all signage
associated with the marketing of this subdivision.
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three 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.
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.
3. All plans of subdivision must be registered in the Land Titles system within the
Regional Municipality of Durham.
4. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies in
order to facilitate their clearance of conditions for final approval of this plan. The
addresses and telephone numbers of these agencies are:
a) Ganaraska Region Conservation Authority, Box 328, Port Hope ON
L1A 3W4 (905) 885-8173.
b) Region of Durham Planning Department, Box 623, 605 Rossland
Road East, Whitby, ON L 1 N 6A3 (905) 728-7731.
c) Enbridge Gas Distribution Inc., P.O. Box 650, Scarborough, ON
M 1 K 5E5
d) Bell Canada Right of Way, Floor 5, 100 Borough Drive, Scarborough,
ON M1 P 4W2 1-800-748-6284
Attachment 6
To Report PSD-059-06
THE CORPORATION OF THE MUNICIPALITY OF CU\RINGTON
BY-LAW NO. 2006-
being a bylaw to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the former Town of Newcastle
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 former Town of Newcastle to
implement ZBA 2006-0013;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 12 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE ONE (R 1) ZONE"
is hereby amended by adding thereto the following new Special Exception 12.4.66 as
follows:
"SECTION 12.4.66 URBAN RESIDENTIAL EXCEPTION (R1-66) ZONE
Notwithstanding Sections 3.1 (i)(iii), 12.1 and 12.2, those lands zoned R 1-66, the lands
zoned R 1-66 on those Schedules to this By-law shall only be used for a semi-detached
dwelling subject to the following regulations:
a) Lot Area (minimum)
i)
ii)
interior lot
exterior lot
614 square metres
715 square metres
b) Lot Frontage (minimum)
i)
ii)
interior lot
exterior lot
23.2 metres
27.0 metres
c) Yard Requirements (minimum)
i)
front yard
6.0 metres to attached garage
3.6 metres to front wall of dwelling
1.5 metres to covered porch
ii)
interior side yard
1.2 metres
iii)
exterior side yard
3.6 metres to exterior wall of dwelling
1.5 metres to covered porch
iv)
rear yard
7.5 metres to rear wall of dwelling
5.1 to uncovered deck
d) Special Yard Regulations
Notwithstanding the provisions of Section 3.1 (i) i) bay windows may project into
any yard a distance of not more than 1.0 metre. In addition, notwithstanding the
provisions of Section 3.1 (i) iii), covered porches may project 0.3 metres into any
interior side yard.
e)
Building Height (maximum)
12 metres
f)
Lot Coverage (maximum)
60%
2. Schedule. A" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this
day of
2006
BY-LAW read a second time this
day of
2006
BY-LAW read a tllird time and finally passed this
day of
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk