HomeMy WebLinkAboutPD-108-99
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ON: PD-l08-99
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File # () ) d-..
Res. #(OMAF;T/-19
By-law # 99-17'-3,
Date:
Monday, September 20, 1999
Report #:
FILE #: Dev 95-018
(X-Ref: 18T-95028)
REZONING APPLICATION AND PROPOSED PLAN OF SUBDMSION
APPLICANT: 708545 ONTARIO LIMITED .
PART LOTS 31 AND 32, CONCESSIQN 2, FORMER TOWNSIllP OF
DARLINGTON
FILE: DEV 95-018 (X-REF: 18T-95028)
PD-108-99
Subject:
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-108-99 be received;
2. THAT the Region of Durham be advised that the Municipality ofClarington recommends
approval of the proposed Plan of Subdivision 18T-95028 subject to the Conditions of
Draft Approval contained in Attachment No. 1 to this Report;
3. THAT the Mayor and Clerk be authorized, by By-law, to execute the Subdivision
Agreement between the Owner of the Draft Plan of Subdivision and the Corporation of
the Municipality of Clarington at such time as an agreement has been finalized to the
satisfaction of the Director of Public Works and the Director of Planning and
Development;
4. THAT the attached amendment to By-law 84-63 be APPROVED and that the Holding
(H) symbols be removed by By-law upon the execution of a Subdivision Agreement;
5 . THAT all interested parties and delegations be advised of Council's decision; and
6. THAT a copy of this Report and Council's decision be forwarded to the Durham Regional
Planning Department.
1. APPLICATION DETAILS
1.1 Applicant:
1.2 Agent:
708545 Ontario Limited
G.M. Sernas and Associates Ltd.
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1.3 Subdivision:
Original Proposal: Sought draft approval for a 241 unit plan of subdivision consisting
of 86 single detached units, 84 semi-detached units and 71 street
townhouses.
Revised Proposal:
Seeking draft approval for a 230 unit plan of subdivision consisting
of 85 single detached dwellings, 84 semi-detached units and 61
street townhouse units.
1.4 Rezoning:
The subject property currently contains the following zone
categories:
. Agricultura1 (A)
. Holding Urban Residential Type One ((H) Rl)
The applicant intends to amend the Zoning By-law in order to
implement the above-noted plan of subdivision, as revised.
1.5
Area:
14.948 hectares
2. EXISTING AND SURROUNDING LAND USES
2.1 The lands subject to the applications are currently vacant and are located in Part Lots 31
and 32, Concession 2, in the former Township of Darlington (see Attachment No.1).
The surrounding land uses include:
North -
South -
East
West -
Existing residential development within the Emily Stowe Neighbourhood
Agricultural and stormwater management pond
Residential uses along Trulls Road and agriculture (Vooys greenhouse)
Residential uses along Prestonvale Road.
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3. BACKGROUND
3.1 In March of 1995, 708545 Ontario Limited applied with the Region of Durham for the
approval of a plan of subdivision. The applicant also applied with the Municipality of
Clarington Planning and Development Department in order to amend Comprehensive
Zoning By-law 84-63 to implement the proposed plan of subdivision.
4. PUBLIC NOTICE AND SUBMISSIONS
4.1 A Public Notice sign was installed at three (3) separate locations on the subject lands to
advise the neighbourhood of a Public Meeting held on May 25, 1998. Three members of
the public addressed the General Purpose and Administration Committee and expressed
concerns regarding:
. the timing of the development;
. impacts upon well water;
. the provision of fencing; and
. impacts upon flora and fauna.
In addition, the Planning and Development Department has received one written
submission with respect to the proposal. The submission was made on behalf of the
owner of Lot 41 on Registered Plan of Subdivision 40M-1669. The submission requests
the gratuitous dedication of Block 145 on the proposed draft plan of subdivision to the
owner of Lot 41 on Registered Plan of Subdivision 4OM-1669.
5. OFFICIAL PLAN POLICIES
5.1 Within the 1991 Regional Official Plan, the subject lands are designated as a Living Area.
Lands so designated are intended to be used for urban residential uses. The application
appears to conform with the provisions of the Durham Regional Official Plan.
5.2 Within the Clarington Official Plan, the subject lands are designated Urban Residential
with an associated Medium Density symbol.
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5.3 The Clarington Official Plan has established target of 2300 residential units for the Emily
Stowe neighbourhood. The 230 units proposed in the application, as revised, is in
keeping with the target as contained in the Clarington Official Plan. As a result, the
application appears to conform with the intent of the Clarington Official Plan.
5.4 The Clarington Official Plan generally requires the preparation of an Environmental
Impact Study (EIS) in conjunction with any application located within or adjacent to any
natural feature. However, it was determined that an EIS was not justified in conjunction
within this subdivision since the application was submitted in March of 1995,20 months
prior to the approval of the Clarington Official Plan. It is therefore "grandfathered" from
this requirement. Given the nature of the area, any environmental impacts are considered
minimal.
6. WNING BY-LAW COMPLIANCE
6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the lands
subject to the current application are zoned in part Agricultural (A) and in part Holding
Urban Residential Type One ((H)RI).
6.2 The portion of the property zoned Holding Urban Residential Type One ((H)RI)
corresponds to the extension of Glenabbey Drive and Oke Road towards Prestonvale
Road. The balance of the site is currently zoned Agricultural (A) which allows for farm
and farm related uses. These zones do not reflect the development of the lands as
proposed by the applicant and hence the application proposes to amend the zoning to
implement the proposed plan of subdivision.
7. AGENCY COMMENTS
7.1 The proposed plan of subdivision was circulated for comments by the Regional
Municipality ofDurbam. Concurrently, the proposed zoning amendment application was
circulated in order to obtain comments from other departments and agencies. The
following provides a brief summary of the comments received.
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7.2 Ministry of Citizenship, Culture and Recreation
The Ministry has noted that the development of this site has a high potential for causing
impacts to cultural heritage resources. Although the Ministry did not object to the
proposal, the Ministry did recommend that the standard condition regarding cultural
heritage resources be imposed upon the application.
7.3 Central Lake Ontario Conservation
The Central Lake Ontario Conservation (CLOC) reviewed the proposed plan of
subdivision, the associated stormwater management facilities and the related engineering
reports commissioned by the applicant. CLOC offered no objection to the proposal but
did include several conditions of draft approval related to the detailed design of the storm
water facilities.
7.4 Northumberland and Clarington Public School Board
The Public School Board has reviewed the proposal and noted that the development will
yield approximately 100 students at the Courtice South Public School which is currently
over capacity with 9 portables on site. The Board offered no objection to the proposal but
noted that it may be necessary to rely on the condition of draft approval which stages
development with the availability of school accommodation.
7.5 Fire Department
The Fire Department noted that response time is in the area of 4-5 minutes for full time
staff. This response time increases from 7 to 10 minutes for part time staff for the hours
of 6:00 p.m. to 6:00 a.m. In that regard, it is noted that Station 4 on Trulls Road
implemented full time staffing on September 6,1999.
7.6 Public Works Department
The Public Works Department advised that they have no objection to the revised plan of
subdivision but did include several regulatory conditions regarding the development of
the lands. The conditions, which have been incorporated into Attachment No. I to this
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Report, address such matters as stormwater management, future service connections and
street widths.
7.7 Departments/Agencies With No Objections
Bell Canada, Ontario Hydro, the Ministry of the Environment, Canada Post and the
Regional Works Department all offered no objection to the proposal but did include
standard conditions of draft approval regarding issues such as community mailboxes, the
provision of electrical power supply and the provision of municipal services. All of these
conditions would be implemented through either the municipal subdivision agreement or
the regional servicing agreement should the subdivision receive draft approval.
8. NEIGHBOURHOOD DESIGN PLAN FOR EMILY STOWE NEIGHBOURHOOD
8.1 A Neighbourhood Design Plan is a physical design plan for lotting, roads and services for
an entire neighbourhood. Section 9.5 of the Clarington Official Plan generally requires
the preparation ora Neighbourhood Design Plan, for endorsement at the staff level, prior
to Council approving the plan of subdivision at the municipal level.
8.2 The Neighbourhood Design Plan for the Emily Stowe Neighbourhood was endorsed by
staff on September 7, 1999 and can now be used to effectively guide the subdivision
approval process for applications within the boundaries of the Emily Stowe
Neighbourhood.
9. STAFF COMMENTS
9.1 As noted in Section 4.2 of this Report, the following issues were raised by members of
the public.
. the timing of the development
. impacts upon well water
. the provision of fencing
. impacts upon flora and fauna
. the dedication of Block 145
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9.2 Timing of Development
One area resident expressed concerns regarding the manner in which development
proceeded with respect to the extension of Glen abbey Drive to Prestonvale Road.
It is noted that the endorsed Neighbourhood Design Plan includes a Phasing Plan. Phase
1 of the Emily Stowe Neighbourhood Design incorporates the extension of Glenabbey
Drive westerly to Prestonvale Road. Although it is noted that the westerly portion of the
Glenabbey Drive extension is situated on lands which are external to the limits of this
plan of subdivision, Condition No. 22 in the Conditions of Draft Approval require the
applicant to extend Glenabbey Drive to Prestonvale Road.
. 9.3 Impacts Upon Well Water
One area resident expressed concerns regarding the impact of the proposal on the existing
wells within the surrounding area. Condition No. 18 of the Municipality's Conditions of
Draft Approval requires the developer to provide a new well or a connection to municipal
water supply to any area resident whose water supply has been impacted upon as a result
of the development. The water supply is to have the same quantity and quality of water
that was enjoyed prior to the development. The developer bears the entire cost of the
provision of water supply including the provision of piping from the property line to the
dwelling.
9.4 Provision of Fencing
Mr. Dick Vooys operates a greenhouse on his property which abuts the subject lands to
the east. Mr. Vooys, through his agent John Hill, has requested the provision of fencing
along the easterly property line in order to assist in mitigating impacts upon the
greenhouse operation.
It is noted that the provision of wooden fencing was included within the approval of
Registered Plan of Subdivision 4OM-1928, which abuts Mr. Vooys property to the north.
As a result, it would be appropriate to continue with the provision of the fencing with
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REPORT NO.: PD-I08-99
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respect to the approval of this plan of subdivision. The Conditions of Draft Approval,
attached to this Report as Attachment No.1, have been prepared to include this
requirement.
9.5 Impacts upon Flora and Fauna
One area resident stated that the land had been cleared many years ago but had been
home to many indigenous plants, mammals and birds in the past. He requested staff and
Council to carefully consider the application before approving it.
It is noted that the subject lands have been used for agricultural purposes for many years
and as a result offers little habitat for flora or fauna.
9.6 The Dedication of Block 145
This request was made on behalf of the owner of Lot 41 on Registered Plan of
Subdivision 40M-1669, which abuts Block 145 to the north. Block 145 is a small Block
with only 5 metres of frontage on Glenabbey Drive and would not qualify for the
issuance of a building permit due to the insufficient lot frontage and lot area. The Block
may ultimately prove to be problematic to the developer and the Municipality, since the
developer would need to maintain the property including weed removal and sidewalk
clearing.
Since the Block itself would not qualify for a building permit, it is appropriate for the
Municipality to require its dedication to the owner of Lot 41 on Registered Plan of
subdivision 40M-1669. The Conditions of Draft Approval have been prepared to include
this requirement.
9.7 Master Drainage Plan
Chapter 20 of the Clarington Official Plan requires the preparation of a sub-watershed
plan prior to the approval of any proposed plan of subdivision. However, where a master
drainage plan has been approved prior to the adoption of the Official Plan, this master
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REPORT NO.: PD-I08-99
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drainage plan will substitute for the requirement for a sub-watershed plan. In that regard
it is noted that the Robinson Creek Master Drainage Plan was approved by the Public
Works Department prior to the approval of the Clarington Official Plan.
9.8 Provincial Policy Statement
With respect to the Provincial Policy Statement, the approval of the application helps to
implement the 1997 Provincial Policy Statement by:
. providing focused urban growth;
. providing affordable housing forms and densities;
. maintaining a minimum 3 year supply of draft approved residential units; and
. investigating cultural heritage resources prior to development.
9.9 On-Street Parking
The attached zoning by-law amendment has addressed Council's concern with respect to
on-street parking in that the Rl-47 and RI-48 exception zones require the provision of
two outdoor parking spaces for the permitted single and semi-detached dwellings.
Furthermore, the R3-20 exception zone requires an increased garage size of 200 square
metres for townhouse units and an increased lot frontage requirement of7.0 metres.
In addition to this increased parking requirement, the applicant submitted a parking plan
to the Public Works Department for review. The parking plan indicated the provision of
86 on-street parking spaces. The Municipality's guidelines required the applicant to
demonstrate the ability to provide 64 parking spaces. The Public Works Department has
advised the applicant that the parking plan is acceptable.
9.10 Red-line Revisions
The draft plan of subdivision has been red-lined to provide for increased tableland along
the eastern edge of the storm water channel (Block 143) at the rear of Block 138. This
red-line revision would result in the townhouse units in Block 138 having a lot depth
ranging from 38.6 metres to 45 metres. It is noted that this red-line revision still provides
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REPORT NO.: PD-I01-99
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for deep townhouse lots but provides for more flexibility in the design of the stormwater
channel, pedestrian walkway and enhancements to the open space area.
10. CONCLUSION
10.1 In consideration of the comments contained within this Report, statTrecommend that the
Region of Durham be advised that the Municipality of Clarington recommends approval
of the proposed Plan of Subdivision 18T-95028 subject to the Conditions of Draft
Approval contained in Attachment No. 1 to this Report.
10.2 In addition, staff recommend the approval of the attached zoning by-law amendment to
implement Draft Plan Approval. The amending zoning by-law would provide for the
appropriate zone categories to implement the subdivision. It is noted that the Holding (H)
symbol will require Council approval at such time as the Subdivision Agreement is
registered. A rezoning application to remove the Holding (H) symbol will be required at
a later date.
Respectfully submitted,
Reviewed by,
Q vaJJ2~~
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer.
DaVId rome, M.C.I.P., R.P.P.
Director of Planning & Development
WM*DC*df
8 September 1999
Attachment No. 1
Attachment No.2
Attachment No.3
Attachment No.4
Conditions of Draft Approval
Proposed Plan of Subdivision
Proposed Zoning By-law Amendment
Key Map
Interested parties to be notified of Council and Committee's decision:
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REPORT NO.: PD-I08-99
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Interested parties to be notified of Council and Committee's decision:
G.M. Semas and Associates Ltd.
110 Scotia Court
Unit 41
WHITBY, Ontario
UN 8Y7
708545 Ontario Limited
390 Bay Street
Snite 171 0
TORONTO, Ontario
M5H 2Y2
666
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-95028 prepared by G.M..
Semas and Associates Limited dated May 1999 as further revised in red, showing Lots 1-
27,48-75,87-91 and 102-126 all inclusive for single family detached dwellings, Lots 28-
47, 76-86, 92-101 and 127 all inclusive for semi-detached or linked dwellings, Blocks
128-139 for street townhouses, Blocks 141 and 142 for park, Blocks 143, 146 and 151 for
stormwater management, and various blocks for reserve, road widening, site triangle etc.
FINAL PLAN REQUIREMENTS
2. That all streets within the Plan of Subdivision shall be dedicated as public highway and
shown as such on the final plan.
3. That all streets shall be named to the satisfaction of the Municipality of Clarington and
shown on the final plan.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. That the Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Public Works and the Director of Planning and
Development for review and approval. The Landscaping Plan shall reflect the design
criteria ofthe Municipality as amended from time to time.
5. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist
Report to the Director of Planning and Development to demonstrate that the proposed
development will not adversely impact the existing wells in the surrounding areas.
6. That the Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Public Works for review and approval.
All plans and drawings must conform to the Municipality's Design Criteria as amended
from time to time.
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7, That the Owner shall retain a qualified consultant to prepare and submit a Tree
Preservation plan to the Director of Planning and Development and the Director of Public
Works for review and approval,
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
8, 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,
9. That all easements, road widening, and reserves as required by the Municipality shall be
granted to the Municipality free and clear of all encumbrances,
10, That the Owner shall dedicate Blocks 141 and 142 for park purposes and Block 143 as
red-line revised for open space purposes.
11. 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.
12. That the Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria.
13. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be
buried underground for both primary and secondary services.
14. 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.
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15. That the Owner shall adhere to architectural control requirements of the Municipality.
16. That prior to the issuance of building permits, the Owner shall, through its acoustic
engineer, to provide a certification to the Director of Planning, certifying that the
Builder's plans are in accordance with the Noise Control Report as approved by the
Ministry of the Environment and the Municipality of Clarington.
17. 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 ofthe Ontario Fire Code.
18. The Owner agrees that where the well or private water supply of any person is interfered
with as a result of construction or the development of the subdivision, the Owner shall at
his expense, either connect the affected party to municipal water supply system or
provide a new well or private water system so that water supplied to the affected party
shall be of quality and quantity at least equal to the quality and quantity of water enjoyed
by the affected party prior to the interference.
19. That the Owner provide the Planning Department, on disk in a CAD format acceptable to
the Municipality a copy of the Plan of Subdivision as draft approved.
20. That the Owner agrees to stub for water, sanitary sewer and storm sewer any street which
may intersect or connect with future streets to the east, south and west ofthis draft plan.
21. That the Owner agrees to dedicate to the Municipality, free and clear of all
encumbrances, the lands on the south side of Street "A" which contain the existing
stormwater management pond. The Owner agrees to include these lands within the draft
plan of subdivision as a new block, identified as Block 151. The lotting configuration for
all future development lands must be established so that the abutting road (Street "A")
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may be constructed and the abutting lots can be fully serviced with water, sanitary sewer,
storm sewer, hydro, telephone and cable television.
22. That the Owner agrees that in conjunction with the development of this subdivision, the
Owner will be required to secure external land to this plan of subdivision and construct
Street A and Glenabbey Drive from the west limit of this plan of subdivision westerly to
connect with Prestonvale Road. The phasing of the development of this plan of
subdivision will incorporate the construction of Street "A" and Glenabbey Drive from the
west limit of this plan of subdivision westerly to connect to Prestonvale Road. The
Phasing of this will be dependant on the vehicular and construction access needs of this
development and will be determined at the engineering stage and shall be at the sole
discretion of the Director of Public Works.
23. That the Owner agrees that all road allowances shall have a minimum width of 20.0
metres.
24. That the Owner agrees that the development of this plan of subdivision cannot proceed
until such time as the Municipality has included the Municipality's share of costs of the
oversizing of Street A as determined and approved in the Municipality's Development
Charge By-law and that these funds have been included in the Municipality's capital
budget. Street A must be constructed to the easterly limit of the draft plan. Temporary
turning circles are required at the westerly termini of Street A and Glenabbey Drive. The
east limit of Street A must be constructed to the limit of the subdivision. Lots 114-117
inclusive will remain frozen until such time that Glenabbey Drive is extended and
constructed to a finished urban roadway including Regional Services, asphalt paving,
curb and gutter, sodded boulevard sidewalk, street trees and street lighting for the entire
frontage abutting the frozen lots. Additional temporary turning circles may be required
depending upon the phasing of the development. The need for any additional temporary
turning circles and frozen lots will be determined at the engineering stage solely at the
discretion of the Director of Public Works.
25. That the Owner agrees that in conjunction with the development of this plan of
subdivision, the Owner is responsible for the removal of the existing temporary turning
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circle at the existing limit of Glenabbey Drive. The Owner must reconstruct the
intersection of Glenabbey Drive and Street "B" to an urban standard, including asphalt
paving, curb and gutter, boulevard sodding, sidewalks, street lighting and street trees.
26. That the Owner agrees that in conjunction with the development of this plan of
subdivision, the Owner is responsible for the removal of the existing roadworks at the
existing intersection of Granville Drive and John Walter Crescent. The Owner must
reconstruct the intersection of Granville Drive, John Walter Crescent and Street "F" to an
urban standard, including asphalt paving, curb and gutter, boulevard sodding, sidewalks,
street lighting and street trees.
27. That the Owner agrees that the storm water drainage works and facilities necessary for
this development must be constructed in accordance with the Robinson Creek Master
Drainage Study, prepared by G.M. Semas and Associates and as finally approved by the
Director of Public Works.
28. That the Owner agrees to prepare a Master Grading and Drainage Plan that details the
configuration of the on-site storm sewer system (minor system) and the conveyance of
the overland flow (major system) from this subdivision. Sheet flow onto adjacent
property will not be permitted.
29. That the Owner agrees to provide a stormwater management implementation report,
which provides for the sequential construction of the storm water works necessary for the
entire watershed and addresses the impacts of developing this plan of subdivision in the
absence of the balance of the watershed. Any necessary land acquisitions or easements
must be identified at this stage of the project. This report shall be subject to the approval
ofthe Director of Public Works.
30. That the Owner agrees that Block 146 must be indicated as a Stormwater Management
Facility on the Draft Plan. Prior to the first registration, any external lands necessary to
facilitate construction of the ultimate required facility must be incorporated with Block
146 and conveyed to the Municipality.
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31. That the Owner agrees to be responsible to provide suitable fencing along the rear of any
residential lot which is situated adjacent to Blocks 141, 142, 143 and 146. The type of
fencing required shall be determined at the engineering stage at the sole discretion of the
Director of Public Works. The Owner further agrees to provide a wooden fence along the
east lot line of Lots 1 to 14, in the same form and style as that provide along the south lot
line of Lots 1 to 9 and Block 25 on Registered Plan of Subdivision 40M-1928.
32. That the Owner agrees to provide a walkway to the satisfaction of the Director of Public
Works between Block 142 and Block 51 on Registered Plan of Subdivision 40M-1709.
33. That the Owner agree to establish a geodetic benchmark in the vicinity of Street "A" and
Prestonvale Road that will serve as vertical control for the proposed development. The
Owner will be responsible for the cost of establishing this benchmark.
34. That the Owner agrees to dedicate Block 145 to the Owner of Lot 41 on Registered Plan
of Subdivision 40M -1669.
35. That the Owner agrees to satisfy the requirements of Central Lake Ontario Conservation,
financial or otherwise.
36. That the Owner agrees to satisfy the requirements of the Northumberland-Clarington
Board of Education, financial or otherwise.
37. That the Owner agrees to satisfy the requirements of the Ministry of Citizenship, Culture
and Recreation, financial or otherwise.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 99-
ATTACHMENT NO.3
being a By-law to amend by-law 84-63, the Comprehensive Zoning By~law for 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 former To'Ntl of Newcastle;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section "}2.4 Special Exception Urban Residential (Rl) Zone" is hereby amended by adding
thereto, the following new Special Exception 12.4.47 as follows:
"12.4.47 URBAN RESIDENTIAL EXCEPTION (R1-47) ZONE
Notwithstanding the provisions of Section 12.2 those lands zoned (Rl-47) on the schedules to
this By~law may only be used for single detached dwellings subject to the following additional
zone regulations:
i) For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a parking
space excluding a private garage or carport;
ii) Lot Frontage (minimum)
iii) Yard Requirements (minimum)
a) Front Yard
. b) Exterior Side Yard
iv) Parking Requirements
10.5 metres
6.0 metres to private garage or carport
6.0 metres to private garage or carport
a) 2 outdoor parking spaces (minimum);
b) where the two outdoor parking space are provided side by side, the combined
minimwn width of the two spaces may be reduced to 4.6 metres provided the
minimwn landscaped open space within the front yard is 30%;
c) the minimum area ofa private garage or carport shall be 18.58 square metres and
the minimum width shall be 3.0 metres;
d) private garages and carports may extend a maximum of3.0 metres in front of the
dwelling unit."
2. Section "14.6 Special Exception Urban Residential (R3) Zone" is hereby amended by adding
thereto, the following new Special Exception 14.6.20 as follows:
"14.6.20 URBAN RESIDENTIAL EXCEPTION (RJ-20) ZONE
Notwithstanding the provisions of Section 12.2 those lands zoned (R3-20) on the schedules to
this By-law may only be used for single detached dwellings subject to the following additional
zone regulations:
i)
Lot Frontage (minimum)
7.0 metres
ii) Yard Requirements (minimum)
a)
Front Yard
6.0 metres to private garage or carport
0/4
- 2 -
b)
Exterior Side Yard
6.0 metres to private garage or carport
iii) Parking Requirements
a) the minimum area ofa private garage or carport shall be 18.58 square metres and
the minimum width shall be 3.0 metres;
b) private garages and carports may extend a maximum of3.0 metres in front of the
dwelling unit."
3. Schedule "4" to By-law &4-63, as amended, is hereby further amended by changing the zone
category from:
"Agricultural (A) to Environmental Protection (EP)"
"Agricultural (A) to Urban Residential Type One (Rt)"
"Agricultural (A) to Holding Urban Residential Type One~Special Exception ((H) Rl-45)"
"Agricultural (A) to Holding Urban Residential Type One-Special Exception ((H)Rl-47)"
"Agricultural (A) to Holding Urban Residential Type Two-Special Exception ((H)R2-24)"
"Agricultural (A) to Holding Urban Residential Type Three-Special Exception ((H)R3-20)"
"Holding Urban Residential Type One ((H)RI) to Urban Residential Type One (RI)"
"Holding Urban Residential Type One ((H)Rl) to Holding Urban Residential Type One-Special
Exception ((H)RI-47)"
"Holding Urban Residential Type One ((H)Rl) to Holding Urban Residential Type Two-Special
Exception ((H)R2-24)"
4. Schedule "A" attached hereto shall form part of this By-law.
5. This by-law shall come into effect on the date of passing hereof, subject to the provisions of
Sections 34 of the Planning Act.
BY-LAW read a first time this
day of
1999.
BY -LAW read a second time this
day of
1999.
BY-LAW read a third time and finally passed this
day of
1999.
t
MAYOR
CLERK
I
!
01 J
This is Schedule "A" to By-law 99- ,
passed this day of , 1999 A.D.
If
1
1
1______
I
---~
-- I
I
~ ZONING TO REMAIN "(H)R1"
li>1 ZONING CHANGE FROM "A" TO "R1"
~ ZONING CHANGE FROM "A" TO "(H)R1-45"
~ ZONING CHANGE FROM "A" TO "(H)R1-47"
~ ZONING CHANGE FROM "A" TO "(H)R2-24"
~ ZONING CHANGE FROM "A" TO "(H)R3-20"
~ ZONING CHANGE FROM "A" TO "EP"
_ ZONING CHANGE FROM "(H)R1" TO "R1"
IIIJI ZONING CHANGE FROM "CH)R1" TO "R1-47"
:::::. ZONING CHANGE FROM U(H)R1" TO U R2-24"
Clerk
COURTICE
t
Moyor
.
I
010
"
ATTACHMENT NO.4
BY APPLICANT
LOT 31
, ,
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COURTICE
KEY MAP
DEV.95-018
1 8T -95028
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