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Report To: Planning and Development Committee
Date of Meeting: September 10, 2018
Report Number: PSD -079-18
Resolution:
File Number: S -C-2017-0005 & ZBA 2017-0007By-law Number:
Report Subject: Development Applications by 2103386 Ontario Inc. (Halminen
Homes) and Louisville Homes Ltd. for 297 single detached dwellings, 92 street
townhouse dwellings, and 105 unit block townhouse development in Newcastle
Recommendations:
That Report PSD -079-18 be received;
2. That the application for Draft Plan of Subdivision S -C-2017-0005 submitted by
2103386 Ontario Inc. (Halminen) and Louisville Homes Ltd. be supported subject
to redlined revisions to conform with the Secondary Plan and subject to conditions
of draft approval substantially as contained in Attachment 1 to Report PSD -079-18
as finalized by the Director of Planning Services;
3. That the Zoning By-law Amendment application submitted by 2103386 Ontario Inc.
(Halminen) and Louisville Homes Ltd. be approved and that a Zoning By-law
Amendment as contained in Attachment No. 2 be adopted to implement the redline
revised plan of subdivision;
4. That once all conditions contained in the Official Plan and Zoning By-law with
respect to the removal of the (H) Holding Symbol are satisfied, the By-law
authorizing the removal of the (H) Holding Symbol be approved;
5. That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD -
079 -18 and Council's decision; and
6. That all interested parties listed in Report PSD -079-18 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PSD -079-18
Report Overview
Page 2
The Municipality has received from 2103386 Ontario Inc. (Halminen) and Louisville Homes Ltd.
an amendment to the Foster North West Neighbourhood Design Plan, Clarington Official Plan
Amendment and Rezoning to permit a proposed Draft Plan of Subdivision with a range of
residential dwellings, a neighbourhood park, a built heritage precinct for Belmont House, and a
stormwater management pond. The lands are north of King Avenue West, east of the Wilmot
Creek Valleylands, south of Highway 35/115, and west of Rudell Road, Newcastle.
This report recommends the approval of the draft plan of subdivision and the proposed
rezoning.
1. Application Details
1.1 Owner/Applicant: 2103386 Ontario Inc. (Halminen) and Louisville Homes Ltd.
1.2 Agent: D.G. Biddle & Associates Ltd.
1.3 Proposal: Proposed Draft Plan of Subdivision
A subdivision occupying the northwest quadrant of the Foster
Neighbourhood, with approximately 10 local streets and 2 collector
roads, 305 single detached dwellings, 83 street townhouse
dwellings, 105 block townhouse dwellings, neighbourhood park,
stormwater management pond, lands to allow the expansion of the
existing stormwater management pond and open space lands
associated with Wilmot Creek.
Proposed Rezoning
From "Agricultural Exception (A-1)" to appropriate zones to permit
the proposed draft plan of subdivision with its varied dwelling types
and frontages, the built heritage precinct but not the secondary
school site. The land area that is integral to the Wilmot Creek
Valleylands will remain "Environmental Protection (EP)", the limits
of which are specified through the review and acceptance of the
Environmental Impact Study.
1.4 Area: 28.59 hectares (70.65 acres)
1.5 Location: North of King Avenue West, east of the Wilmot Creek Valleylands
south of Highway 35/115, and west of Rudell Road
1.6 Roll Numbers: 18-17-030-030-12010 18-17-030-030-12206
18-17-030-030-12020 18-17-030-030-12400
18-17-030-030-12204 18-17-030-030-12500
Municipality of Clarington
Report PSD -079-18 Page 3
1.7 Within Built Boundary: No
2. Background
2.1 On February 21, 2017, D.G. Biddle & Associates Ltd., on behalf of 2103386 Ontario Inc.
(Halminen), Louisville Homes Ltd. and Robert Stephenson (who has since sold his
portion to 2103386 Ontario Inc.) submitted applications for Neighbourhood Design Plan
Amendment, Clarington Official Plan Amendment, Draft Plan of Subdivision and
Rezoning to permit a proposed draft plan of subdivision with a mix of single detached
dwellings, street townhouse dwellings and block townhouse dwellings, a neighbourhood
park, a built heritage precinct for Belmont House and a stormwater management pond.
2.2 A number of required documents were not submitted on February 21, 2017 and the
applications were deemed incomplete. The last set of outstanding documents were
received on August 31, 2017.
2.3 The Secondary School site was severed from the lands through a land division
application in 2015. The 7.93 hectare (19.6 acre) parcel will facilitate a Secondary
School and possibly an elementary school. The revised location is shown in the
proposed Secondary Plan. The Secondary School site is not within the Proposed Draft
Plan of Subdivision but, it is within the Neighbourhood Design Plan and the proposed
Secondary Plan.
2.4 The Heritage Dwelling site was also severed from the lands through a land division
application in 2016. The 0.62 hectare (1.53 acre) parcel has the heritage dwelling and
most of the current driveway, as well as lawn to the west of the house. The Heritage
Dwelling site is not within the proposed draft plan of subdivision but, it is within the
proposed Secondary Plan.
2.5 The Foster North West Neighbourhood Design Plan was originally approved on June 9,
2010. As a result of lack of servicing no development has occurred in this
neighbourhood. Based on the policies following approval of OPA 107, Secondary Plans
are being prepared for developing neighborhoods greater than 20 ha. The submitted
Official Plan Amendment, the existing Neighbourhood Design Plan and modifications
were converted into a Secondary Plan, which will be incorporated into the Clarington
Official Plan. This is being addressed through a separate report, PSD -068-18.
2.6 The studies submitted in support of this proposal are:
x Phase One Environmental Site Assessment,
x Planning Justification Report,
x Environmental Impact Study
x Energy Efficiency and Sustainability Plan Report,
x Landscape Analysis,
x Hydrogeological Assessment,
x Archaeological Assessment,
x Geotechnical Investigation,
x Heritage Impact Assessment,
x Traffic Impact Study,
Municipality of Clarington
Report PSD -079-18
Page 4
x Functional Servicing and Stormwater Drainage Report, and
x Noise Impact Study.
They are summarized in Section 7 of the report.
2.7 As a response to the first circulation and the revised proposal received on May 25, 2018
as a second submission and circulated on June 7, 2018. The second submission is the
subject of this report.
w Secondary Plan
y, f Plan of Area
s Subdivision
Boundary
Highway Buffer
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Connecting Trail a�
Belmont 'yT School Site
I =.
House 35 i
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SWM Pond ,a►} ,
Figure 1: The Proposed Plan of Subdivision & Secondary Plan Area in Location Context
2.8 Over the last three months there have been ongoing discussions with respect to the
neighbourhood park and its relationship to the Belmont House. Since the August 30th
Public Information Centre, there has been a break -through but no time to re -circulate a
revised plan. Any comments on the second submission will need to be modified
Municipality of Clarington
Report PSD -079-18
appropriately to correspond to the final draft plan.
3. Land Characteristics and Surrounding Uses
Page 5
3.1 The lands slope from north to south and contain an incised creek valley at the west
boundary. Given Road, a local road, currently bisects the lands but, it is proposed to be
closed and conveyed to facilitate the proposed development. The historic Belmont
House is the occupier of an otherwise vacant site. The vacant lands owned by the
public school board are northeast of the applicant's lands.
3.2 The surrounding uses are as follows:
North - Highway 35/115 and beyond, agricultural and rural residential.
South - Regional Highway 2 and beyond, Newcastle Fire Station (No. 2), several
residences, and Community Park with Recreation Centre.
East - Rudell Road and beyond, urban residential and vacant, near future urban
Residential.
West - Wilmot Creek Valleylands
Figure 2: From Given Road looking South, Field North of King Avenue West and the
Newcastle Fire Station (No. 2)
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy encourages planning authorities to create healthy, livable and safe
communities by accommodating an appropriate range and mix of residential,
employment, recreation, park and open space; and other uses to meet long term needs.
The most relevant policies relating to these applications can be summarized as follows:
Municipality of Clarington
Report PSD -079-18
Page 6
x New development in settlement areas shall have a compact form, a mix of uses and
densities that allow for the efficient use of land, infrastructure and public services.
New development shall provide a full range and mix of housing types and densities
to meet projected requirements of current and future residents.
x A full range of built and natural settings for recreation including parks, open space
areas, trails and linkages are to be provided, and planning for Infrastructure and
public service facilities must be efficient and cost effective while considering climate
change impacts.
x Development adjacent to natural features must demonstrate that there will be no
negative impacts on the natural features or their ecological functions, and shall be
directed to areas outside of hazardous lands impacted by flooding and erosion.
x Significant built heritage resources and significant cultural heritage landscapes shall
be conserved.
Provincial Growth Plan
4.2 The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas. Municipalities are encouraged to create
complete communities that offer a mix of land uses, employment and housing options,
high quality open space, and access to stores and services.
4.3 Municipalities should establish an urban open space system within built up areas.
4.4 Growth is to be accommodated in transit -supportive communities to reduce dependence
on the automobile through the development of mixed use, pedestrian -friendly
environments. Growth shall also be directed to areas that offer municipal water and
wastewater systems.
4.5 The subject lands are identified as Greenfield area, and outside of the Built-up area. In
greenfield areas, growth is to make efficient use of services and infrastructure and be
compact and transit -supportive. The Growth Plan requires municipalities to achieve a
minimum density target that is not less than 60 residents and jobs combined per hectare
in the designated greenfield area and is measured across the Region of Durham, not
individual neighbourhoods.
4.6 Cultural heritage resources will be conserved in order to foster a sense of place and
benefit communities.
5. Official Plans
Durham Regional Official Plan
5.1 The Durham Region Official Plan designates the subject lands "Living Areas" and
"Major Open Space Areas". Lands located within the "Living Areas" designation are to
be predominantly used for housing purposes. Lands designated "Major Open Space
Areas" within urban areas are predominantly to be used for conservation purposes. Key
Natural Heritage and Hydrologic Features on and adjacent to the site require the
Municipality of Clarington
Report PSD -079-18
Page 7
completion of an Environmental Impact Study for development in proximity to features.
King Avenue West (Regional Highway 2) is designated an Arterial Road and a Regional
Transit Spine. The conservation, protection and/or enhancement of Durham's built and
cultural heritage resources is encouraged.
Clarington Official Plan
5.2 The Clarington Official Plan designates the subject lands as Urban Residential and
Environmental Protection, with of a Secondary School site identified. The Environmental
Protection Area designation reflects the location of the Natural Heritage System. In this
location, the system is the Wilmot Creek and its valleylands along the west side of the
development area, and an eastern tributary of Wilmot Creek. An Environmental Impact
Study was prepared giving consideration to the Natural Heritage System.
5.3 New development in established neighbourhoods is to be designed to respect and
reinforce the physical character having regard to the pattern of lots, streets and blocks,
the size and configuration of lots, building types of nearby properties, the height and
scale of buildings and the setback of buildings from the street, rear and side yards.
New residential development is encouraged to create accessible, walkable
neighbourhoods that prioritize pedestrians over cars and provide for a variety of uses.
5.4 King Avenue West is designated a Type A Arterial Road and a Regional Transit Spine
and further identified as a Local Corridor which is a Priority Intensification Area. The
policies encourage transit -supportive, mixed use and compact urban form in Priority
Intensification Areas.
5.5 The policies encourage the conservation, protection, enhancement, and adaptive reuse
of cultural heritage resources.
5.6 In accordance with the Regional Official Plan, the Clarington Official Plan requires the
preparation of a Secondary Plan for new developing residential areas. Approved
Neighbourhood Design Plans will continue to provide guidance for the development of
neighbourhoods unless superseded by a Secondary Plan. In this case the substantive
revisions required to the existing Neighbourhood Design Plan triggers the preparation of
a Secondary Plan for the neighbourhood.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the proposed draft plan of subdivision lands: "Holding —
Urban Residential Exception ((H)R1-67)", "Agricultural Exception (A-1)", and
"Environmental Protection (EP)". The Zoning By-law Amendment Application proposes
to rezone said lands to zones that implement the proposed plan of subdivision.
Municipality of Clarington
Report PSD -079-18
7. Summary of Background Studies
7.1 Planning Justification Report and Related Addendum
Page 8
The original report referenced outdated versions of provincial, regional and Clarington
planning documents. The Addendum corrected this. The Planning Justification Report
and its Addendum, as background, provided: site and neighbourhood context, a
proposed development description, and overall land use planning context. The report
concluded the applications conform to the Provincial Policy Statement (2014) and the
Growth Plan for the Greater Golden Horseshoe (2017) as well as the Durham Region
Official Plan.
7.2 The report identified features of the proposed draft plan of subdivision and how they
satisfied the Clarington Official Plans policies on: growth management, urban structure,
greenfields, secondary plans, public realm, built form, centres -corridors -priority
intensification areas, sustainable design, housing diversity, livable neighbourhoods,
parks and stormwater management.
Environmental Impact Study and Revised Version
7.3 The revised Environmental Impact Study (EIS) identified a development more easterly
than originally proposed in keeping with the policies of the 2017 Official Plan, including
a minimum 15 m from defined development limits. The study identified the location of a
butternut trees, an endangered species to be preserved where possible and otherwise
compensated for. The report notes that discussions are currently underway with the
Ministry of Natural Resources and Forestry to confirm permitting and compensation
going forward.
7.4 The EIS also concluded that the eastern wood pewee bird, a species of special
concern, would not be impacted by the proposed development. The EIS commented
that none of the outbuildings/barns continue to exist on the heritage lot. However, the
removal of the these buildings triggers compensation for barn swallow habitat loss, to
be secured through an Endangered Species Act (ESA). Permit from the Ministry of
Natural Resources and Forestry.
Traffic Impact Study and Update to Traffic Impact Study
7.5 The Traffic Impact Study was revised to consider a number of impacts relative to
development that were not originally considered, including:
x The Grady Drive extension to Regional Rd. 17;
x the 1,000 or so dwellings of the North Village Neighbourhood;
x the future school to the northeast; and
x the Tornat Proposal.
All of these traffic impacts have now been addressed satisfactorily with the exception of
the Grady Drive extension to Regional Rd. 17. As a condition of draft approval
additional work in this regard is required.
Municipality of Clarington
Report PSD -079-18 Page 9
Heritage Impact Assessment
7.6 The report recommended that the severance of the lot for the Belmont House makes
the lot large enough to retain mature trees south of the house and the curved
carriageway. The developer (Halminen Homes) should maintain the Belmont House in
good condition for its heritage attributes and future redevelopment choices. Future
restoration of the balconies above the verandahs and repair of the verandahs should be
considered.
Functional Servicing & Stormwater Drainage Report and Revised Versions
7.7 The original 2016 report, and 2017 and 2018 revisions, gave site location and
description, and descriptions of the five types of servicing for the proposed draft plan of
subdivision: water distribution, sanitary sewers, storm sewers, major overland flow, and
the road network. Also noted were the stormwater management ponds — one proposed
and the existing pond expanded. The design and sizing for quality control, their
detention wet pond and sediment forebay design, as well as the discharge structure,
landscaping for the ponds, quality control during construction, and lot level controls
were also discussed. Pre- and Post -development hydrology was also reviewed. The
report was generally acceptable to both GRCA and Engineering Services staff, subject
to conditions of draft approval and further study on the sizing of the facilities to receive
all post development flows.
Noise Impact Study and Revised Version
7.8 The report and the revised version reviewed noise level guidelines and criteria for:
outdoor amenity areas, indoor living/dining areas, bedrooms, and ventilation. The
revised proposed draft plan of subdivision necessitated a revised noise mitigation
strategy. The noise sources of concerns are Highway 35/115 and Regional Highway
No. 2. The railway was too far away. Noise Impacts on the proposed draft plan of
subdivision were analyzed and noise levels predicted. Recommendations for: outdoor
amenity areas, ventilation and building components were made utilizing acoustic
fences, central air conditioning, proposed enhanced building materials where needed,
and warning clauses.
7.9 The revised Noise Impact Study indicated that noise levels at the Outdoor Living Areas
would be 61.6 dBA, exceeding the guidelines even with a 2.1 m high acoustic barrier for
the townhouse blocks flanking Highwa 35/115 (now 358, 361, 362). Specific warning
clauses were recommended as the resolution.
Phase One Environmental Site Assessment
7.10 The report described the basic features of the proposed draft plan of subdivision area
assessed, and the report purpose of offering a professional opinion of potential for
significant environmental liabilities regarding proposed future residential use. Despite
subject property inspection and historic documentation, and analysis of surrounding
property uses, areas of potential environmental concern and/or potentially
contaminating activities were not found. Based on the information and property
Municipality of Clarington
Report PSD -079-18
observations it is a matter of professional opinion that no further environmental
investigation is required.
Geotechnical Investigation
Page 10
7.11 The report defined subsoil and groundwater conditions on the subject property, and
developed geotechnical recommendations for a variety of construction contexts and
erosion hazard slopes at the southwest edge. The report recommended native subsoil
not be exposed to excessive moisture or construction traffic. Winter construction
techniques were also provided. The report noted the authors ought to be retained for
advice once grading and building design was underway.
Hydrogeological Assessment
7.12 The report defined hydrogeologic conditions on the subject property and the suitability
of the planned land use with engineering analysis of potential impacts and subsequent
recommendations. The report concluded the subject property was suitable for the
development, including a feasible water balance strategy using LID measures that will
ensure a negligible impact to the local shallow water table; surface water; and/or deep
groundwater, due to the proposed development.
Stage 1 and 2 Archaeological Assessment
7.13 The Stage 1 work showed the subject property had high archaeological potential due to:
proximity to water sources, historic transportation corridors and development areas, and
registered archaeological sites. All Stage 2 testing was at a high potential (5 metre)
interval or less where possible. The Stage 2 testing resulted in the discovery of a single
historic Euro -Canadian archaeological site, and two isolated lithic pre -contact artifacts
registered as findspots. Intensified assessment of the areas around each did not yield
any additional material. The Euro -Canadian site was registered and meets the
requirements for a Phase 3 assessment prior to development. If any archaeological
resources should be discovered during development all excavation must stop
immediately and an archaeologist contacted.
Landscape Analysis
7.14 The reports purpose was to note subject property (natural) topography and planned
grading, and identify existing natural features and built form. Briefly described were: the
proposed draft plan of subdivision, subject property natural features and topography,
and the Belmont House. The report noted that significant grading of the overall site was
not planned for the proposed draft plan of subdivision.
Energy Efficiency and Sustainability Plan Report
7.15 The report provides a high level overview of conservation and sustainability measures
to be implemented in the development of the land and construction of the dwellings to
improve air and water quality, and the reduce energy and water consumption;
encourage recycling and reduce solid waste.
Municipality of Clarington
Report PSD -079-18
8.0 Public Submissions
Page 11
8.1 A Public Information Centre was held, in coordination with planning staff, on September
28, 2017 at the Clarington Public Library, Newcastle Branch. Approximately 10
residents attended. Members of Council, staff and the developers'
representatives/consultants were in attendance.
8.2 Planning staff met with a nearby resident on the morning of the Public Information
Centre. The resident asked about fencing around the condominium townhouses, and
transposing the condominium townhouse area with the southwestern storm water
management pond. The resident also asked if the condominium townhouses were part
of Phase 1.
8.3 Other comments from the Public Information Centre were:
x Traffic congestion will increase;
x The high school land swap didn't make sense;
x Construction traffic using Rudell Road;
x Maintenance of the heritage dwelling at 302 Given Road; and
x A trail/walkway should be built on the to -be -closed Given Road allowance north of
the southeastern storm water management pond.
8.4 Following the Public Information Centre, one resident wrote advising he had concern
with the high school site relocating to the north and having traffic accumulate on Rudell
Road and the presence of condominiums.
8.5 One resident asked about the timing of the school construction, and another asked
about timing of: the plan of subdivision generally, the common elements condominium
townhouses and municipal services coming to Foster Northwest. Another resident
sought information on the plan of subdivision.
9. Agency Comments
Ministry of Natural Resources and Forestry
9.1 The Ontario Ministry of Natural Resources and Forestry (OMNRF) commented that they
will review the proposal in light of the endangered Butternut Tree species, under the
Ontario Endangered Species Act.
Ministry of Transportation
9.2 The Ministry advised that no direct access to Highway 35/115 is permitted. All
development is to be setback 14 metres from the Highway. 35/115 property line.
9.3 Works within 45 metres of a highway property line require an MTO Building and Land
Use Permit. This generally applies to the lands along the north edge of the housing
development.
Municipality of Clarington
Report PSD -079-18
Page 12
9.4 MTO raised some questions about aspects of the traffic impact study. They have yet to
provide comments on the revised circulation from May.
Enbridge Gas Distribution
9.5 Enbridge Gas Distribution commented that the applicant must contact its Customer
Connections Department to resolve construction timing and details, and if required,
provide easements at no cost.
Canada Post
9.6 Canada post noted the subdivision will require approximately 12 Community Mailbox
sites.
Rogers Communications
9.7 Rogers Communications commented that the applicant must prepare an overall utility
distribution plan, and if required, provide easements and maintenance documents, at no
cost and registered on title.
Public School Board
9.8 The public school board is supportive of the recommendations of the traffic impact
study. The board is interested in the demographics and marketing of the development
as well as number of dwelling units and changes which could influence the design of the
new school in the Foster Northwest Neighbourhood. Existing public schools will be
used until the new school is financed and built.
Canadian Pacific Railway
9.9 The development appears to be outside the Railway's 300 metre noise influence area
and therefore, CPR has no comment.
Durham Region Planning and Economic Development Department
9.10 The Region noted the Clarington Official Plan Amendment incorporates the Foster
Northwest Secondary Plan into the Clarington Official Plan and that the secondary plan
provides a park for the neighbourhood; the Belmont House as a heritage dwelling; the
public school board site; and a mixed use area are key aspects also shown.
9.11 The revised (May 2018) Environmental Impact Study, the Region stated, concluded the
subdivision would not significantly impact Wilmot Creek or the Environmental Protection
Area provided the study was implemented. The study has to be approved by the
conservation authority.
9.12 The Region encourages Clarington and the proponent to increase the residential
density in the subdivision plan including in the condominium townhouse block during the
site plan process. The subdivision plan should better support compact transit -
supportive mixed-use development exceeding the greenfield minimum target.
Municipality of Clarington
Report PSD -079-18
Page 13
9.13 King Avenue West is part of a Regional Plan Transit Spine and so the housing abutting
should be designed to face King Avenue West and not be reverse frontage lots.
9.14 King Avenue West is planned to have a cycle lane as part of the Primary Cycling
Network in the Regional Cycling Plan. The abutting residential area should incorporate
cycling facilities and connection to the King Avenue West cycle lane.
9.15 The southwest Stormwater Management Pond located adjacent to King Avenue
West/Durham Highway 2 is a concern as Durham Highway 2 is planned to be
developed to its fullest potential. The area of the southwest Stormwater Management
Pond should be reconfigured and/or relocated.
9.16 In response to the Noise study the Region advised that any noise in excess of 55 dBA
will not be acceptable. Alternative mitigation measures are to be explored by the Owner
to reduce the anticipated attenuated noise levels on Blocks 355 and 356. The Region
has also requires output data from the projection model for Blocks 352 to 360, and Lots
248, 249 and 391.
9.17 Prior to the Municipality of Clarington granting final approval for this draft plan of
subdivision, the Region requires a clearance Letter from the Ministry of Tourism, Culture
and Sport (MTCS) and any additional information. This letter should indicate that all
cultural heritage resource concerns on the subject lands have been satisfied. The
above requirement will be included as a condition of draft plan of subdivision approval.
Should any artifacts of historical significance be discovered on the subject site during
construction, the proponent will be required to cease construction and contact MTCS for
further instructions.
9.18 Since the Phase One Environmental Site Assessment Report, dated November 2013, is
more than 18 months old, as per MOECP guidelines, the Region requires that the report
be updated to ensure that environmental conditions on the subject lands have not
changed. The Region only accepts Record of Site Condition compliant ESA Reports.
The above requirement will be included as a condition of draft plan of subdivision
approval.
Durham Region Works Department
9.19 The Region expects that servicing for the proposed subdivision will require a number of
servicing upgrades to regional services prior to a subdivision agreement being issued
by the Region.
Water Supply
9.20 The subject lands are within the existing Newcastle Zone 1 and the planned Newcastle
Zone 2 Water Pressure Districts. The unbuilt Zone 2 infrastructure translates into the
proposed dwelling units with ground elevations above 105 metres (on streets F, G, and
Grady) being on hold until the necessary Zone 2 infrastructure has been implemented.
9.21 A Municipal Class Environmental Assessment (EA) for the new Zone 1 reservoir and
Zone 2 pumping station is underway and will review servicing requirements and zone
Municipality of Clarington
Report PSD -079-18
Page 14
boundaries. The Newcastle Water Supply Plant can currently serve approximately
12,000 people and the number being now served is a little over 10,000. Additional
current population growth from the latter phases of Foster North Subdivision, the North
Village Neighbourhood and the Kaitlin Developments are a challenge to the extent that
they may impact the Regions ability to permit the Foster Northwest Subdivision to
proceed before the expansion of the Newcastle Water Supply Plant.
Sanitary Sewer
9.22 The Newcastle Water Pollution Control Plant can currently serve approximately 10,500
people and the number being now served is a little under 10,000. Additional current
population growth from the latter phases of Foster North Subdivision, the North Village
Neighbourhood and the Kaitlin Developments are a challenge to the extent that they
may impact the Region's ability to permit the Foster Northwest Subdivision to proceed
before the re -rating or optimizing of the operation of the Newcastle Water Pollution
Control Plant. Durham Region is working on a capacity re -rating for the above plant
from 4,091 M3 /day to 7,200m3/day. This re -rated capacity should be able to serve
approximately 22,000.
9.23 The sanitary drainage for the Foster Northwest Subdivision and external sanitary
drainage from lands west of Highway 35 & 115 are dependent on the extension of the
Wilmot Creek Trunk Sanitary Sewer.
9.24 The proponent shall obtain an easement along the trunk sanitary sewer alignment west
of the Diane Hamre Recreation Complex. The easement width shall be 20 metres as
per Durham Region design standards for a major trunk sewer. Also, the proponent shall
provide the recreation complex with a sanitary service connection to the proposed trunk
sanitary sewer.
9.25 Due to the limited available capacity in the downtown sewer system, servicing is only
available to the proposed school block via the existing 200mm sewer along Grady Drive
to Rudell Road.
Transportation
9.26 A 3 m road widening along King Avenue West/Durham Highway 2 is required.
9.27 The Newcastle Carpool Lot is located to the west of the subject lands. It is
recommended that access to this side of the street be secured, such as a pedestrian
connection over Wilmot Creek.
9.28 Bicycle lanes should be added to Grady Drive from Rudell Road to Street "A" and on
Street "A" to King Avenue West/Durham Highway 2.
9.29 A potential transit stop for Durham Region Transit and GO Transit could be at the King
Avenue West/Street "A" intersection. Supporting pedestrian facilities including a
crossing on King Avenue West/Durham Highway 2 to access transit service on the
south side would be required. This additional stop and the existing stop at Rudell Road
enables a majority of the proposed dwellings to be within the recommended 400 metre
Municipality of Clarington
Report PSD -079-18
walking distance. Durham Region Transit is to be consulted about transit stop
requirements at this intersection and this is a Condition of Draft Approval.
Traffic Impact Study
Page 15
9.30 Durham Region is aware of the operational difficulties for a non -signalized King Avenue
West/Street "A" intersection and agrees with the study's recommendation that a traffic
signal be installed as part of the development.
9.31 Durham Region recommends a sidewalk connection on the north side of King Avenue
West/Durham Highway 2 between King Avenue West/Street "A" intersection and Rudell
Road.
Ganaraska Region Conservation Authority (GRCA)
9.32 The Ganaraska Region Conservation Authority has commented that the outfall of the
proposed or southwest stormwater management pond is set almost 3.5 metres below
the Regional Storm water surface elevation of Wilmot Creek at that location. While
GRCA would permit the outfall to be located within the Regional Storm floodplain, it
would not be permitted within the 1:100 year floodplain in order for the pond to be
effective during that event. The matter has been discussed with the consultant and
further discussion and analysis will be required. The size of the southwest pond block
may have to change in order to be effective for all events up to and including the 1:100
year event. As a condition of approval all lots abutting the west pond shall be frozen
until such time as all stormwater issues are satisfactorily addressed.
9.33 The existing southeast stormwater management pond, north of King Ave and west of
Rudell Road is proposed to be expanded to accommodate the proposed residential
development. However it has not been designed to accommodate stormwater from the
future school site. In order to facilitate a potential redesign and further expansion of the
pond, lots 16 to 20, inclusive, and Blocks 314 to 319, inclusive, shall be frozen until the
design of the southeast stormwater management pond has been finalized, to the
satisfaction of the Ganaraska Region Conservation Authority.
9.34 Comments on the 2nd Submission Draft Plan of Subdivision remain outstanding from:
Hydro One —Low Voltage Distribution Facilities Division, Public School Board, Ministry
of Transportation, and Infrastructure Ontario.
10. Departmental Comments
Operations Department
10.1 The Operations Department noted that through further review and discussion of the 2nd
Submission with Engineering Services staff it has no comments or concerns at this time.
Municipality of Clarington
Report PSD -079-18
Engineering Services Department
Parkland
Page 16
10.2 The proposed size and location of Park Block 372 is acceptable. A facility fit concept
plan for this park concept will eventually be required to demonstrate that the proposed
park size, configuration and topography will allow for the construction of park facilities to
the satisfaction of the Municipality. This location is more central to the development and
is preferred over a park block abutting the valley and Belmont House
10.3 Open Space Block 382 is also acceptable as it will provide an opportunity to construct a
recreational trail along the east side of Wilmot Creek and an opening to the valley
opposite the Heritage Area (Belmont House).
Legal Closure of Given Road
10.4 Prior to approval of the subject Draft Plan, the Applicant will be required to obtain
approval from the Council of the Municipality of Clarington for the legal closure of Given
Road from Rudell Road to the westerly terminus of the unopen road allowance. The
road allowance must be closed in its entirety. A legal closure of numerous parts of the
road will not be considered. Any portions of the draft plan designated as future road
allowance will be registered as road allowance at the time of registration of the
subdivision.
Roads
10.5 The Owner is responsible for 100% of the cost, financial and otherwise, for the
reconstruction and installation of a roundabout at the intersection of Rudell Road and
Grady Drive. The proposed draft plan of subdivision and all supporting plans and
documents must be revised to incorporate the required roundabout intersection. The
Landscape Plan as provided does not meet the Municipality's requirements for the
Street Tree Planting Plan.
Functional Servicing Report
10.6 A Functional Servicing Report has been submitted for this development. The Report
must be amended to address the storm servicing for the future school block.
Traffic
10.7 The Owner shall submit a further update to the updated Traffic Impact Study to include
Grady Drives extension to Regional Road 17, the subsequent traffic implications, and
recommendations to be fulfilled that mitigate any worsened traffic conditions.
Development Agreement
10.8 The applicant must enter into a development agreement with the Municipality which
includes all requirements of the Engineering Services Department regarding the
engineering and construction of all internal and external works and services related to
this proposal. This will include addressing on -street parking, soils management and all
Municipality of Clarington
Report PSD -079-18
Page 17
typical requirements of the Department to the satisfaction of the Director of Engineering
Services.
Emergency & Fire Department
10.9 There are no fire safety concerns.
11. Discussion
11.1 Staff have been working on bringing forward a Secondary Plan for this neighbourhood
to replace the Neighbourhood Design Plan. The recommendations in this report are
based on implementing the policies and land use schedule contained within PSD -68-18.
11.2 The proposed draft plan of subdivision application has a slightly reduced number of
units, at just under 500 but, the location of the secondary school site was moved from
fronting the north side of King Avenue West to the northeast corner of the
neighbourhood. A medium density block has been proposed along the King Avenue
frontage with 105 units proposed in the current application. It is understood that the
applicant has an arrangement to sell the medium density block to a party that wishes to
construct a senior's assisted living and apartment facility, containing approximately 250
units. A further rezoning application will be submitted later. The current zoning bylaw
amendment is only for townhouse units.
11.3 The Neighbourhood Park has been relocated to lands immediately surrounding the
Belmont House. The park dedication will be based on 1 hectare per 300 units.
Heritage Dwelling and Park
11.4 The view corridor and connection between Belmont House and Wilmot Creek appears
to have narrowed with the current proposal. This is a concern for staff as the contextual
value of the property is due to its proximity to Wilmot Creek. The creek actually fed and
continues to feed a cellar spring in the house originally used as part of the salmon fish
hatchery. This contextual value is noted in the Heritage Impact Assessment.
11.5 At the June 25, 2018 Planning and Development Committee meeting Myno VanDyke,
Representative of Newcastle Village and District Historical Society made a presentation
regarding the Belmont House and Wilmot Fish Hatchery. He noted the significance of
the area to the Mississaugas (branch of Ojibwa Nation) for fishing and pigeons. He also
provided background on the Newcastle Fish Hatchery and its historical significance. Mr.
Van Dyke concluded his presentation urging the Committee to move the location of the
proposed park, in the new development, from the centre of the development to beside
the creek and the Belmont House.
Municipality of Clarington
Report PSD -079-18
Paue 18
Figure 3: Revised park layout
11.6 Planning staff worked through the summer on various options that would implement the
vision presented by the heritage groups. The finalized park location will help to
celebrate the heritage of the Belmont House and Wilmot Creek, while also providing
park recreational functions to meet the needs of future residents.
Municipality of Clarington
Report PSD -079-18 Page 19
11.7 A revised layout for the park, generally in keeping with the Secondary Plan contained in
PSD -068-18 was submitted on September 4, 2018, following the Public Open House for
the Secondary Plan and further discussions with the applicant's consultants. The
revised park layout, road and lotting is shown in Figure 3. The concept is acceptable in
principle and the applicant's engineer has confirmed that from a civil engineering
perspective the revised design provides more flexibility. Both Engineering and Planning
Staff would require the plan to be revised to eliminate five lots along the east boundary
of the park and create better frontage for the park. One lot would be reinstated north at
the south limits of
11.8 The revised park location will wrap around the Belmont House on three sides.
Vehicular access to Belmont House would be a driveway connection to the proposed
north — south road east of the Belmont House. Subject to the red -line revisions
suggested by staff, the park will provide opportunity for a programmed park area for the
neighbourhood, as well as connections to the Wilmot Creek valley see Figure 4. The
applicant has agreed to this revision subject to adding one additional lot north of the
proposed driveway to the Belmont House.
CONDOMINIUM SITE
M _ Rhe 1. fees -I
_ r y { K7 �_j ' rt)RHAM HIGHWAY 2
Figure 4: Red -line revised park layout
Municipality of Clarington
Report PSD -079-18 Page 20
Environmental considerations
11.9 The applicant had an Environmental Impact Study completed to identify development
limits including buffers in accordance with the current Official Plan policies. The study
also identified Butternut Trees on the property, some of which the developers plan to
remove to allow for the development. The proponents have been working with the
Ontario Ministry of Natural Resources and Forestry (OMNRF) to address permits and
compensation for the removal. As a Condition of Draft Approval, a Tree Identification
and Protection Plan will have to be submitted for approval, with a focus on both
Butternut Trees that are retainable and compensatory tree planting.
Traffic and transportation
11.10 A traffic impact study was submitted with the applications. It noted that traffic problems
should not be created or unduly increased if traffic signals and auxiliary turning lanes
were installed at the north -south collector road/King Avenue West intersection. This
would be the responsibility of the developer. The Region has also requested as a
condition of draft approval improvements to the Highway 35/115 and Regional Hwy. 2
interchange including signalization which the owner should financial contribute towards.
11.11 A further update to the Traffic Impact Study is required as a condition of draft approval
to review the Grady Drive extension to Regional Road 17 its impact and some specific
transportation demand measures for consideration.
11.12 Construction traffic and phasing requirements for the residential development will be
reviewed as conditions of approval. It is always the municipality's intent to keep
construction traffic out of residential streets, including Rudell Road, to the extent
possible.
11.13 A trail/walkway is identified in the Official Plan and Secondary Plan along the Wilmot
Creek, the boundary of the neighbourhood abutting Highway 35/115 and the CP Rail
line connecting to the Foster Creek. The Given Road, road allowance is to be closed
and conveyed and incorporated into the proposed draft plan of subdivision.
Connections from the existing stormwater management pond, north of King Ave and
west of Rudell Rd to the Wilmot Creek valley will be possible through future sidewalks in
the proposed roads.
Schools
11.14 The public school board acquired lands in the northeast end of the neighbourhood with
plans to build a school there as opposed to abutting King Avenue West. The grades of
the land are less severe and therefore they considered this site easier and more
practical to construct a building with a large foot print as well as required sports facilities
in this location. The school site is not within the limits of the development and the
school board has recently advised that an elementary school is likely to be built on this
site first. However, timing will dependent on funding.
Municipality of Clarington
Report PSD -079-18 Page 21
Other
11.15 In response to the issues raised by the nearby resident, a typical condition of approval
includes a requirement for the installation of a 1.8 metre wood privacy fencing around
the perimeter of the medium density block, especially where it abuts existing uses.
Switching the location of the pond and medium density block is not possible as there is
a watershed divide between Wilmot Creek and a tributary leading to this creek that the
conservation authority did not want modified. The applicant's agent suggested it is
unlikely the condominium townhouses would be part of Phase 1.
11.16 Some lots abutting both the existing, expanded stormwater management pond and the
newly proposed pond will be frozen until detailed engineering can confirm the area is
not needed for the ponds.
12 Concurrence
Not Applicable.
13 Conclusion
In consideration of all agency, staff and public comments, it is respectfully
recommended that the application for draft approval of Plan of Subdivision S -C-2017-
0005 be supported as red -line revised and subject to conditions of Draft Approval
contained generally as contained in Attachment 1 to be finalized by the Director of
Planning Services. The rezoning application be approved and a by-law as contained in
Attachment 2 be approved.
14 Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan in
supporting opportunities for a variety of affordable house types.
Municipality of Clarington
Report PSD -079-18
Submitted by:
David J. Crome, MCIP, RPP
Director of Planning Services
Page 22
Reviewed by:
Andrew C. Allison, B. Comm, LL.B
Chief Administrative Officer
Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell clarington.net
Attachments:
Attachment 1: Proposed Conditions of Draft Approval
Attachment 2: Zoning By -Law
The a list of the interested parties to be notified of Council's decision is on file with the
Planning Services Department
BR/CP/nl
I:\^Department\LDO NEW FILING SYSTEMWpplication Files\SC-Subdivision\S-C-2017\S-C-2017-0005 Foster Northwest\Staff Reports\PSD-079-18\PSD-079-18.docx
Clarftwn
CONDITIONS OF DRAFT APPROVAL
File Number:
Issued for Concurrence:
Notice of Decision: _
Draft Approved:
David J. Crome, MCIP, RPP
Director of Planning Services
Municipality of Clarington
Part 1 — Plan Identification
Attachment 1 to
Report PSD -079-18
The Owner shall have the final plan including a land use table prepared on the
basis of approved draft plan of subdivision S -C-2017-0005, prepared by D.G.
Biddle & Associates identified as job number 112092, dated May 24, 2018, as
revised with a plat date of September 4, 2018 , which illustrates: 303 single
detached lots; 188 townhouses — 83 street townhouses, and 105 block
townhouses accessed by private lane and condominium in tenure; Part Lots, a
neighbourhood park, walkway, a stormwater management pond, two blocks for
expansion to the existing storm water pond west of Rudell Road and north of
King Avenue, open space, road widenings, 0.3m reserve blocks but, not
including the future school site or the Heritage Area for the Belmont House.
The redline revisions are:
Since all of the Given Road allowance remains in the Municipality's ownershipat
this time, none of it should be shown as part of the proposed draft plan of
subdivision (DP -1).
2. The road allowances shown on the proposed draft plan of subdivision (DP -1) are
to be labelled consistent with the On -street Parking Distribution Plan (PK -1).
3. 15m X 15m sight triangles from the widening northward at the Durham Highway
2/Street "A" northwest and northeast quadrants as requested by the Region of
Durham.
4. Block 388, a 0.3m reserve is required to extend to the full frontage of the
northeast sight triangle of the Durham Highway 2/Street "A" intersection.
5. Block 385 shall be relabelled as to be retained by Owner.
6. The lots and part lots abutting the east side of the Park Block, south of the
Access Block to the Belmont House shall be deleted and the land
incorporated into the Park Block.
7. The two Park Blocks abutting the Wilmot Creek valley be adjusted to delineate
the limits of the Open Space lands consistent with the Environmental Impact
Study submitted in support of the application and to incorporate the 14 metre
setback limit along Highway 35/115. The Open Space lands be dedicated
gratuitously to the Municipality of Clarington.
Part 2 — General
2.1 The Owner shall enter into a subdivision agreement with the Corporation of the
Municipality of Clarington (the "Municipality") that contains all of the terms and
conditions of the Municipality's standard subdivision agreement respecting the
provision and installation of roads, services, drainage, other local services and all
internal and external works and services related to this plan of subdivision. A
copy of the Municipality's standard subdivision agreement can be found at_
https://www.clarington.net/en/do-business/resources/application-
forms/subdivision-agreement.pdf
2.2 The Owner shall name all road allowances included in the draft plan to the
satisfaction of the Municipality of Clarington and the Regional Municipality of
Durham (the "Region").
2.3 All works and services must be designed and constructed in accordance with the
Municipality's Design Guidelines and Standard Drawings, provisions of the
Municipality of Clarington's Development By-law, all applicable legislation and to
the satisfaction of the Director of Engineering Services.
2.4 Reference to lots and blocks contained within these conditions of Draft Approval
will be revised to reflect a final red -line revised plan that is appropriately labelled.
Architectural Control
2.5 (1) The Owner shall be 100% responsible for the cost of any architectural
design guidelines specific to this development, as well as 100% of the cost
for the "Control Architect" to review and approve all proposed models and
building permits, to the satisfaction of the Director of Planning Services.
(2) No residential units shall be offered for sale to the public on the draft plan
until such time as architectural control guidelines specific to the Foster
Northwest Neighbourhood are approved and the exterior architectural
design of each building has been approved by the Director of Planning
Services.
(3) No building permit shall be issued for the construction of any building on
any residential lot or block on the draft plan, until the architectural control
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guidelines for the development and the exterior architectural design of
each building and the location of the building on the lot has been approved
by the Director of Planning Services.
Marketing and Sales
2.6 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and
surrounding land uses. The Land Use Plan shall be in a format approved
by the Director of Planning Services.
(2) The Owner shall erect and maintain a sign on the development site and/or
in the sales office which shows the Land Use Plan as approved by the
Director of Planning Services.
(3) The Owner shall submit its standard Agreement of Purchase and Sale to
the Director of Planning Services which includes all warning clauses/
notices prior to any residential units being offered for sale to the public.
2.7 Draft plan approval does not give the Owner permission to place or dump fill or
remove fill from, or alter the grade of any portion of the lands within the draft
plan. The Owner shall be required to obtain a permit from the Municipality under
Site Alteration By-law 2008-114, as amended, for any such work. If any portion of
the lands are within an area regulated by a conservation authority, the Owner
shall obtain a permit from the conservation authority in addition to obtaining
approval from the Director of Engineering Services regarding the intended
haulage routes, the time and duration of the site alteration work and security
relating to mud clean up, road damage and dust control in accordance with the
Dust Management Plan in Section 4.7. After registration of a subdivision
agreement, the provisions of the Municipality's standard subdivision agreement
shall apply to any proposed site alteration on the lands covered by the
subdivision agreement.
Part 3 — Final Plan Reauirements
3.1 All road allowances shown on the draft plan, and identified by letter in the On -street
Parking Distribution Plan (PK -1) or by existing name, shall be dedicated to the
Municipality upon registration of the final plan.
32 The Owner shall transfer to the Municipality of Clarington (for nominal
consideration free and clear of encumbrances and restrictions) the following
lands and easements:
(a) The three Park Blocks as red -lined revised be dedicated for park or other
public recreational area shown as three Blocks 372, 373 and 374 on the draft
plan.
Page13
(b) Open Space Lands as red -line revised and shown in Blocks 386 to 387, and
unlabelled blocks abutting Highway 35/115, on the draft plan.
(c) Stormwater Management Pond as shown in Blocks 381, 383, 384 and 385
on the draft plan.
(d) 0.3 metre Reserves shown as Blocks on the draft plan.
3.3 The Owner shall transfer to the Region (for nominal consideration, free and clear
of encumbrances and restrictions) the following lands and easements:
(a) Road Widenings
x An approximately 3.0 metre road widening sufficient to provide a
minimum of 18.0 metres measured from the centerline of Durham
Highway 2 across the entire frontage of Durham Highway 2 shown as
Blocks on the draft plan.
(b) Sight Triangles
x 15 metre x 15 metre sight triangles at the northwest and northeast
corners of the intersection of the Site Access, that is, Street "A" and
Durham Highway 2, measured from the widened right-of-way.
Part 4 —Plans and Reports Required Prior to Subdivision Agreement/Final Plan
Registration
4.1 The Owner shall submit the following plans and reports or revisions thereof:
Tree Preservation Plan
(1) The Owner shall submit a Tree Identification and Protection Plan, consistentwith
the Foster Northwest Neighbourhood Design Plan Environmental Impact Study,
dated May 2018, and focussing on the Butternut Trees that are retainable,
primarily in the vicinity of the Given Road allowance but, also in the vicinity of the
collector street/Street "A" allowance. Where retention is not feasible,
compensatory tree planting shall be on an aggregate inch replacement basis for
the trees being removed.
Planting Plan
(2) The Owner shall submit a planting plan to the Ministry of Natural Resources and
Forestry and the Municipality of Clarington for approval that will facilitate
compensation for butternut trees that have been and will be removed;
Bird Habitat Compensation Plan
(3) The Owner shall submit a plan to the Ministry of Natural Resources and Forestry
and the Municipality of Clarington for approval that will facilitate compensation for
Page14
barn swallow nesting habitat loss through agricultural building removal at 302
Given Road.
Erosion and Sedimentation Control Plan
(4) The Owner shall submit an Erosion and Sedimentation Control Plan, consistent
with the Foster Northwest Neighbourhood Design Plan Environmental Impact
Study, dated May 2018, for approval by the Ganaraska Region Conservation
Authority and the Municipality of Clarington.
Phasing Plan
(5) The Owner shall submit plans showing the proposed phasing to the Municipality
and the Region for review and approval if this subdivision is to be developed by
more than one registration. The Phasing Plan must show how the roads and
associated infrastructure within each phase are intended to connect to
subsequent phases of development, including the provision of temporary or
transitional works such as temporary turning circles, external easements for
temporary turning circles, and associated frozen lots. The Municipality shall
require the preparation of a subdivision agreement for each phase of
development.
Update to Traffic Impact Study
(6) The Owner shall submit a further update to Traffic Impact Study to include Grady
Drives extension to Regional Road 17, the subsequent traffic implications, and
recommendations to be fulfilled that mitigate any worsened traffic conditions to
the satisfaction of the Director of Engineering Services.
Noise Report
(6) The Owner shall submit to the Director of Engineering Services, the Director of
Planning Services and the Region, for review and approval, an updated noise
report, based on the revised preliminary noise report entitled Noise Impact Study
for Proposed Draft Plan of Subdivision, Foster Northwest Neighbourhood
prepared by D.G. Biddle & Associates Limited, revised May 2018, Project No.
112092, The updated noise report is to consider alternative mitigation measures
in order to reduce the anticipated attenuated noise levels in Blocks 355 band 356
to meet Ministry of Environment, Conservation and Parks criteria. The updated
noise report is to include output data from the projection model for Blocks 352 to
360, and Lots 248, 249 and 391. The recommendations of the report once
approved shall be included in the Plan of Subdivision Agreements signed with
the Municipality of Clarington.
Functional Servicing Report
(7) The Owner shall submit an updated Functional Servicing and Stormwater
Drainage Report which includes storm servicing provisions for the future school
block northeast of the subdivision, all satisfactory to the Director of Engineering
Services and Ganaraska Region Conservation Authority.
Page15
Community Theme Plan
(8) The Owner shall submit a "Community Theme Plan" to the Director of Planning
Services and Director of Engineering Services for approval. Such plan shall
include design concepts for a community theme including gateway treatments,
landscape treatments, lighting fixtures, fencing details and related design issues
for the overall design, location and configuration of parks, trails and open space
buffers. All Engineering Drawings shall conform to the approved Community
Theme Plan.
(9) Phase One Environmental Site Assessment
The Owner shall submit an Updated Phase One Environmental Assessment, as
the November 2013 assessment is clearly more than 18 months old, the limit in
the MOECP guidelines, to satisfy Durham Region that environmental conditions
on the subject lands have not changed. The Region only accepts Record of Site
Condition compliant ESA Reports.
Environmental Sustainability Plan
(10) The Owner shall submit an update of the Environmental Sustainability Plan
based on the preliminary Environmental Sustainability Plan entitled Energy
Efficiency and Sustainability Plan, prepared by D.G. Biddle & Associates Limited,
dated August 1, 2017, to the satisfaction of the Director of Planning Services.
Such plan shall identify the measures that the Owner will undertake to conserve
energy and water in excess of the standards of the Ontario Building Code,
reduce waste, increase recycling of construction materials and utilize non-toxic,
environmentally sustainable materials and finishes. The plan shall include the
location of a shade tree, or provision for a voucher from a local nursery to allow
the purchaser to acquire a shade tree, to provide passive solar gain during the
various seasons.
Soils Management Plan
(11) Prior to Authorization to Commence, the Owner shall provide a Soils
Management Plan for review and approval by the Director of Engineering
Services. Such plan shall provide information respecting but not limited to any
proposed import or export of fill to or from any portion of the Lands, intended
haulage routes, the time and duration of any proposed haulage, the source of
any soil to be imported, quality assurance measures for any fill to be imported,
and any proposed stockpiling on the Lands. All imported material mustoriginate
from within the Municipality of Clarington. The Owner shall comply with all
aspects of the approved Soils Management Plan. The Director may require the
Owner to provide security relating to mud clean up, dust control and road
damage.
Page16
Dust Management Plan
(12) Prior to Authorization to Commence Works, the Owner is required to prepare a
Dust Management Plan for review and approval by the Director of Engineering
Services. Such plan shall provide a practical guide for controlling airborne dust
which could impact neighbouring properties. The plan must:
(a) identify the likely sources of dust emissions;
(b) identify conditions or activities which may result in dust emissions;
(c) include preventative and control measures which will be implemented to
minimize the likelihood of high dust emissions;
(d) include a schedule for implementing the plan, including training of on-site
personnel;
(e) include inspection procedures and monitoring initiatives to ensure effective
implementation of preventative and control measures; and
(f) include a list of all comments received from the Municipality, if any, and a
description of how each comment was addressed.
Part 5 —Special Terms and Conditions to be Included in the Subdivision
Aareement
5.1 Lands Requiring Site Plans
The Owner shall not make an application for a building permit in respect of Block
371 until the Owner has received site plan approval from the Municipality under
Section 41 of the Planning Act, R.S.O. 1990, c.P. 13.
5.2 Legal Closure of Given Road
Prior to final approval of the plan of subdivision, the Owner will be required to
obtain approval from the Council of the Municipality of Clarington for the legal
closure of Given Road from Rudell Road to the west terminus of the unopened
Given Road allowance. The road allowance must be closed in its entirety. A
legal closure of numerous parts of the road will not be considered.
5.3 Future Road Allowance
Any portions of the draft plan of subdivision designated as future road allowance
will be registered as road allowance at the time of registration of the plan of
subdivision.
5.4 Parkland
(1) The Owner shall convey the three blocks as red -lined revised abutting the
Wilmot Creek valley and and surround the Belmont House to the
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Municipality for park or other public recreational purposes in accordance
with section 51.1 of the Planning Act, R.S.O. 1990, c.P. 13.
(2) In Section 5.4, "Park Plan" means a plan prepared by a qualified
landscape architect showing:
(a) all proposed park features including walkways, playgrounds, sports
fields and seating areas; and
(b) the proposed grading and stormwater drainage system to
demonstrate that the proposed park size, configuration and
topography will allow for the construction of park facilities.
(3) An Authorization to Commence shall not be issued for any Works until the
Owner has submitted and the Director has approved the Park Plan.
(4) The Owner shall construct, and ensure the Engineering Drawings
incorporate the final grades for the park including 200 mm minimum
topsoil and seeding, sodding, fencing, all storm sewer servicing within the
park and provision of sanitary sewer, water connections and hydro service
to the park property line along the park frontage.
(5) For purposes of the Subdivision Agreement, all works under the section
5.4(5) are considered a separate Works Component with a minimum
maintenance period of 2 years.
(6) The park described in Section 5.4 has to be constructed prior to building
permit issuance in Phase 2 of the subject plan of subdivision.
5.5 Noise Attenuation
(1) The Owner shall implement the noise attenuation measures
recommended in the required updated noise report entitled as contained
in condition 4.1(6)
(2) The Owner shall not make an application for a building permit forany
building on the Lands until an acoustic engineer has certified that the
plans for the building are in accordance with the Noise Report.
5.6 Part Lots or Blocks
All Part Lots shown on the proposed draft plan of subdivision that provide
frontage for a future residential lot once Given Road has been closed and
conveyed shall be:
(a) pre -serviced with water, sanitary and storm sewers, and
(b) graded, seeded and maintained by the Owner to the satisfaction of the
Director of Engineering Services.
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5.8 Durham Highway 2 and Street "A" Intersection
The Owner shall pay 100% of the cost for design and implementation of
signalization for the Durham Highway 2 (King Avenue West) and Street "A"
Intersection including appropriate auxiliary turning lanes. A functional design is to
be provided that should include appropriate left turn tapers, storage and
deceleration lengths that adhere to Regional standards for an 80 km/hr design
speed that is posted at 60 km/hr. It is expected that traffic volumes at the
intersection will warrant the inclusion of a westbound right -turn lane based on
Regional right -turn guidance. This signalized intersection is to be assessed for
street lighting levels with its design including required improvements to meet
Regional lighting standards.
5.9 Durham Highway 2/King Avenue West and Rudell Road Intersection
The Owner shall pay 100% of the cost of adjusting the signal timing plan at the
Durham Highway 2/King Avenue West and Rudell Road Intersection to provide
protected times for the eastbound and westbound left turn movements.
5.10 Westside and Eastside Ramps at Durham Highway 2/Highway 35/115
Intersection
The Owner, at the direction of the Ministry of Transportation of Ontario, the
Region of Durham and the Municipality of Clarington, shall contribute to the cost
for congestion mitigation design and implementation for the Westside and
Eastside Ramps at Durham Highway 2/Highway 35/115 Intersection, including
signalization of the intersection.
5.11 Roundabout
The Owner is responsible for 100% of the cost, financial and otherwise, for the
reconstruction and installation of a roundabout at the intersection of Rudell Road
and Grady Drive. The proposed draft plan of subdivision (DP -1) and all
supporting plans and documents must be revised to incorporate the required
roundabout intersection.
5.12 Corner Lots
The Owner must submit a plan drawing indicating the proposed entrance and
driveway location for all corner lots. The proposed entrances must conform to all
current zoning requirements. Any future dwellings constructed on corner lots
within the draft plan must have entrances, driveways and garages that are
compatible with the final plan of subdivision. Linked driveways will not be
permitted.
5.13 The May 25, 2018 Functional Servicing and Stormwater Drainage Report must
be revised, in consultation with the Clarington Engineering Services Department,
to address storm servicing for the future school block.
Page19
5.14 The Owner is to ensure any construction at the site maybe subject to vehicle
load restrictions (half -loads) between March 1 st and May 1 st each year.
5.15 Excavation of Rudell Road is not permitted between December 1St and April 30th
An appropriate clause must be included in the Subdivision Agreement.
5.16 During the full period of construction the Owner will be required to guard against
any mud tracking from the site onto the area roadways. Protection measures
shall include mud mats and/or a regular program of roadway sweeping and
flushing. A response by the Operations Department for unsatisfactory road
conditions will result in the back -charge of all associated costs plus a 35%
administration fee.
5.17 The Owner is to work with the Municipality of Clarington to finalize the trail route
and related connections prior to approval of the final plan of subdivision.
5.18 Lots 106 to 109 (inclusive) and Blocks 352 to 354 (inclusive) cannot be
developed until a Stage 3 Archaeological Assessment is completed for the Euro -
Canadian Site registered as AIGp-93.
5.19 The Owner will need to submit a study that demonstrates Belmont House will not
suffer vibration damage once servicing begins in the area.
5.20 Transit Stop(s)
Durham Region Transit is to be consulted on their transit stop requirements atthe
Durham Highway 2 (King Avenue West) and Street "A" Intersection and these
should be included in the functional design.
5.21 Trail
The Owner shall pay for up to 100% of a trail connection through the Open
Space block at the west limits of the site, the park block and the Open Space
block abutting Highway 35/115.
5.22 Utilities
(1) Lots and Blocks above the ground elevation of 105.00 metres will be
frozen until the Zone 2 Water Pressure District Distribution System
including reservoir capacity and a pumping station, is fully operational.
(2) The east side of Street "J" must be fully serviced with water, sanitary
sewer, storm sewer, hydro, telephone and cable television for anyfuture
lots that may front onto Street J.
(3) The Owner shall cause all utilities, including hydro, telephone, and cable
television within the streets of this development to be installed
underground for both primary and secondary services.
Page110
Part 6 — Agency Conditions
6.1 Region of Durham
(1) The Owner shall provide for the extension of such sanitary sewer and
water supply facilities which are external to, as well as within, the limits of
this plan that are required to service this plan. In addition, the Owner shall
provide for the extension of sanitary sewer and water supply facilities
within the limits of the plan which are required to service other
developments external to this subdivision. Such sanitary sewer and water
supply facilities are to be designed and constructed according to the
standards and requirements of the Region. All arrangements, financial and
otherwise, for said extensions are to be made to the satisfaction of the
Region, and are to be completed prior to final approval of this plan.
(2) Prior to entering into a subdivision agreement, the Region shall be
satisfied that adequate water pollution control plant and water supply plant
capacities are available to the proposed subdivision.
(3) The Owner shall grant to the Region any easements required for provision
of Regional services for this development and these easements shall be in
the location and of such widths as determined by the Region.
(4) All land dedications, easements, sight triangles and reserves as required
by the Region for this development must be granted to the Region free
and clear of all encumbrances and in a form satisfactory to the Region's
Solicitor.
(5) The Owner shall satisfy all requirements, financial and otherwise, of the
Region. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the
provision and installation of sanitary sewers, water supply, roads and
other regional services.
(6) The Owner shall, prior to final approval of the plan of subdivision, or any
phase thereof, submit satisfactory evidence to the Region in accordance
with the Regions Site Contamination Protocol to address site
contamination matters. Such evidence may include the completion of a
Regional Reliance Letter and Certificate of Insurance.
(7) The Owner, prior to registration of the Plan of Subdivision, shall provide
the Municipality of Clarington with confirmation from a qualified engineer
that any existing private sewage system shall be properly
decommissioned /abandoned in accordance with Ministry of Environment,
Conservation and Parks regulations.
Page111
(8) No grading or other soil disturbance shall take place on the subject
properties prior to a letter of clearance for the archaeological assessment
is sent from the Ministry of Tourism, Culture and Sport.
6.2 Conservation Authority
Stormwater Managment
(1) To facilitate a potential redesign and expansion of the southwest
Stormwater Management Pond, Blocks 367, 368, 369 and 370, and Lots
236 and 237 shall be frozen until the design of the southwest Stormwater
Management Pond has been finalized, to the satisfaction of the
Ganaraska Region Conservation Authority and the Municipality of
Clarington.
(2) To facilitate a potential redesign and expansion of the existing southeast
Stormwater Management Pond to accommodate stormwater from the
school site, Lots 16 to 20, inclusive, and Blocks 314 to 319, inclusive, shall
be frozen until the design of the southeast Stormwater Management Pond
has been finalized, to the satisfaction of the Ganaraska Region
Conservation Authority.
(3) Prior to final approval of the subject plan of subdivision and to any grading
taking place on the site, the May 25, 2018 Functional Servicing and
Stormwater Drainage Report must be revised to detail stormwater
management in accordance with current Ministry of the Environment,
Conservation and Parks (MOECP) criteria and submitted to the
satisfaction of the Municipality of Clarington and the Ganaraska Region
Conservation Authority.
Permits and Approvals
(4) An Authorization to Commence shall not be issued for any Works unless
the owner has submitted to the Municipality a copy of the permit issued by
the Ganaraska Region Conservation Authority under the Lakes and Rivers
Improvement Act, R.S.O. 1990 c. L.3 for proposed work in the regulated
area.
(5) Prior to any on-site grading or construction of final registration of the Plan,
the Owner shall submit and obtain approval from the Municipality of
Clarington, and the Ganaraska Region Conservation Authority for reports
describing the following:
(a) The stormwater management facilities must be designed and
implemented in accordance with the recommendations of the
Master Plan;
Page112
(b) The anticipated impact of the development on water quality, as it
relates to fish and wildlife habitat once adequate protective
measures have been taken;
(c) The means whereby erosion and sedimentation and their effects
will be minimized on the site during and after construction in
accordance with the provincial guidelines. The report must outline
all actions to be taken to prevent an increase in the concentration of
solids in any water body as a result of on-site or other related
works, to comply with the Canada Fisheries Act; and
(d) On-site groundwater conditions and contributions to the base flow
of Wilmot Creek and necessary measures to maintain these
contributions.
(6) The Owner agrees in the Subdivision Agreement to carry out or cause to
be carried all of the measures and recommendations contained within the
reports approved under Conditions (3) and (5), and maintain all erosion
and sediment control devices in good repair during the construction period
in a manner satisfactory to the Municipality of Clarington and the
Ganaraska Region Conservation Authority.
(7) The Owner's Engineer is to confirm in writing that there are no external
areas draining into the proposed draft plan of subdivision.
(8) Regarding pre -development flows, in the Functional Servicing and
Stormwater Drainage Report, Tables 6 and 7 are inconsistent but should
be consistent. Appropriate revision by the Owner's Engineer is required.
(9) The Owner shall satisfy all permit and financial requirements of the
Ganaraska Region Conservation Authority. This shall include Application
Processing Fees and Technical Review Fees as per the approved
Authority Fee Schedule.
6.3 Ministry of Transportation
(1) Entrances/exits off Hwy. 35/115 are not permitted;
(2) All development is to be setback 14 metres from the MTO, that is, Hwy.
35/115 property line, or where applicable, 14 metres from future highway
additional land widenings where there are such plans;
(3) Works within an MTO Right of Way require an MTO Encroachment
Permit;
(4) Works within an MTO Permit Control Area require an MTO Building and
Land Use Permit and such areas are defined as within, among other
Page113
parameters that could apply elsewhere, 45 metres of a highway property
line, and this includes the north edge of the housing development; and
(5) MTO Sign permits are required for any signs which are visible from
Highway 35/115.
6.4 School Board
(1) All Subdivision Agreements for the subject draft Plan between the
Municipality of Clarington and the Subdividers/Owners contain a requirement
that all Purchase and Sale Agreements for all phases of the approved draft
plan contain a clause advising all potential purchasers that while a school site
has been reserved adjacent the approved draft Plan of Subdivision for the
Kawartha Pine Ridge District School Board, that it may not be constructed as
a school site. All potential purchasers are further advised than an existing
Kawartha Pine Ridge District School Board school will be used to
accommodate all public board pupils until such time as any new school can
be constructed adjacent the draft Plan. If a new school is not constructed
adjacent the approved draft Plan, than all pupils will be accommodated at an
existing public board school site.
(2) No topsoil or fill stockpiling, no construction storage or construction use of
any kind shall be carried out by the Subdivider/Owner on the proposed
school site adjacent the draft Plan of Subdivision.
6.8 Ministry of Culture, Tourism and Sport
(1) No demolition, grading or other soil disturbances shall take place on the
lands prior to the Ministry of Culture, Tourism and Sport confirming that
potential adverse impact to the archaeological resources identified in the
archaeological assessment prepared by Northeastern Archaeological
Associates Limited, and dated April 4, 2017, have been addressed
through measures such as preservation, resource removal, licensing anc
resource conservation requirements.
6.9 Canada Post Corporation
(1) The Owner shall satisfy the following requirements of Canada Post
Corporation and the Municipality with respect to the provision of mail
delivery to the Subdivision Lands and the provision of community mailbox
locations, as follows:
(a) The Owner shall advise Canada Post as to the excavation date for
the first foundation/first phase as well as the date development
work is scheduled to begin.
(b) If applicable, the Owner shall ensure that any street facing installs
have a pressed curb or curb cut.
Page114
(c) The Owner shall advise Canada Post as to the expected first
occupancy date and ensure the site is accessible to Canada Post
24 hours a day.
(d) The Owner will consult with Canada Post and the Municipality to
determine suitable permanent locations for the Community Mail
Boxes. The Owner will then indicate these locations on the
appropriate servicing plans.
(e) The Owner agrees, prior to offering any units for sale, to display a
map on the wall of the sales office in a place readily accessible to
potential homeowners that indicates the location of all Community
Mail Boxes within the development, as approved by Canada Post.
(f) The Owner will provide a suitable and safe temporary site for a
Community Mail Boxes upon approval of the Municipality (that is
levelled with appropriate sized patio stones and free of tripping
hazards), until curbs, sidewalks and final grading are completed at
the permanent locations. Canada Post will provide mail delivery to
new residents as soon as the homes or units are occupied.
(g) Owner agrees to provide the following for each Community Mail
Boxes and to include these requirements on the appropriate
servicing plans (if applicable):
i) Any required walkway across the boulevard, per municipal
standards; and
ii) Any required curb depressions for wheelchair access, with
an opening of at least two meters (consult Canada Post for
detailed specifications).
6.10 Utilities
(1) The Owner shall coordinate the preparation of an overall utility distribution
plan that allows for the safe installation of all utilities including the
separation between utilities to the satisfaction of the Director of
Engineering Services.
(2) The Owner shall grant such easements as may be required for utilities,
drainage and servicing purposes to the appropriate authorities.
(3) All utilities will be installed within the proposed road allowances. Where
this is not possible, easements will be provided at no cost to the utility
provider. Proposed easements are not permitted on lands owned by the
Municipality unless it can be demonstrated that there is no other
alternative. Such easements must not impede the long term use of the
lands and will be at the discretion of the Director of Engineering Services.
Page115
Part 7 — Standard Notices and Warninas
7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all
Lots informing the purchaser of all applicable development charges in
accordance with subsection 58(4) of the Development Charges Act, 1997, S.O.
1997, C.27.
7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3
of the Municipality's standard subdivision agreement in Agreements of Purchase
and Sale for all Lots or Blocks.
7.3 The Owner shall include the following notices and warning clauses in
Agreements of Purchase and Sale for the Lots or Blocks to which they apply:
7.4 Noise Report
(1) The Owner agrees to insert in all Purchase and Sale Agreements Warning
Clauses as recommended in the Noise Study once updated to reflect the red-
lined revised plan in accordance with Condition 4.1 (6) and approved.
7.5 Nearby Farm Operations
The Owner shall include the following warning clause in agreements of purchase
and sale for all residential units in Lots or Blocks:
"Farm Operations —There are existing farming operations nearby and
that such farming activities may give rise to noise, odours, truck traffic
and outdoor lighting resulting from normal farming practices which
may occasionally interfere with some activities of the occupants."
7.6 Nearby Park
The Owner shall include the following warning clause in agreements of purchase
and sale for Lots 78-100, 122-124, 208-215 & 257; and Blocks 306-309, 310, &
342-351:
"Park - The adjacent Blocks 372-374 are designated for parkland
uses including community events and recreation facilities which, when
developed, may contain active lighted facilities for night-time services."
7.7 Nearby Public Walkway
The Owner agrees to include in all Offers of Purchase and Sale for lots abutting
Block Open Space Block that are near the future Multi -Use Path(s) the following
warning. The exact lots and blocks will determined once the red -lined revised
plan is received. "the Multi -Use Path which is in or near to Block 386, has
been designated for use as a public walkway which, when developed, may
contain active lighted facilities for night-time service
Page116
7.11 Chain Link Fencing
The Owner shall include the following notice in the agreements of purchase and
sale for Lots 78-100, 236-249, 391; and Blocks 355, 356, 367 to 370:
"Chain Link Fencing — Chain link fencing is a required feature
between this lot and the adjacent park, stormwater management pond
or open space. This fencing must be located on the public portion of
the abutting land and will be maintained by the Municipality after the
developer has been released from any further responsibility for the
fence."
7.13 Noise Attenuation Fencing
The Owner shall include the following notice in the agreements of purchase and
sale for Lots 248, 249, & 391; and Blocks 355 & 356:
"Noise Attenuation Fencing - Noise attenuation fencing is a required
feature for this lot to assist in reducing the noise levels to comply with
Ministry of the Environment, Conservation and Parks (MOECP) standards.
This fencing must be located on the private property portion of the lot and
must be designed and constructed in compliance with the recommendations
of the noise attenuation report entitled Noise Impact Study for Proposed Draft
Plan of Subdivision, Foster Northwest Neighbourhood prepared by D.G.
Biddle & Associates Limited, revised May 2018, Project No. 112092 (the
"Noise Report"). The maintenance of this fencing is the responsibility of the
owner of the lot after the developer has been released from any further
responsibility for the fence."
7.14 Canada Post Corporation
The Owner shall include the following notice in the agreements of purchase and
sale for all lots:
"Mail Service - Purchasers are advised that Canada Post intends to service
this property through the use of community mailboxes that may be located in
several locations within this subdivision."
Part 8 - Clearance
8.1 Prior to final approval of the plan for registration, the Municipality's Director of
Planning Services shall be advised in writing by,
(a) Durham Region on how Conditions 2.2, 3.3, 4.1(2), 4.1(3) and 6.1 have
been satisfied;
(b) Ganaraska Region Conservation Authority, on how Conditions 4.1(4) and
6.2 have been satisfied;
Page117
(c) Ministry of Transportation - Ontario, on how Condition 6.3 has been
satisfied; and
(d) Ministry of Culture, Tourism and Sport, how Condition 6.9 has been
satisfied.
Part 9 — Notes to Draft Approval
9.1 Terms used in these conditions that are not otherwise defined have the meanings
given to them in the Municipality's standard subdivision agreement.
9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to
final approval. The Planning Act provides that draft approval, may bewithdrawn
at any time prior to final approval.
9.3 If final approval is not given to all of this plan within three (3) years of the draft
approval date, and no extensions have been granted, draft approval shall lapse
and the file shall be closed. Extensions may be granted provided valid reason is
given and is submitted to the Director of Planning Services for the Municipality of
Clarington well in advance of the lapsing date.
9.4 Where an agency requirement is required to be included in the Municipal
subdivision agreement, a copy of the agreement should be sent to the agency in
order to facilitate their clearance of conditions for final approval of this plan. The
addresses and telephone numbers of these agencies are:
(a) Durham Regional Planning Department, 605 Rossland Road East, P.O.
Box 623, Whitby, Ontario L1 N 6A3 (905) 668-7721.
(b) Ganaraska Region Conservation Authority, Box 328, Port Hope, Ontario
LIA 3W4 (905) 885-8173.
(c) Ministry of Transportation, Atrium Tower, 7th Floor, Building "D", 1201
Wilson Avenue, Downsview, Ontario M3M U8
(d) Ministry of Tourism, Culture and Sport, Hearst Block, 9th Floor, 900 Bay
Street, Toronto, ON M7A 2E1
Page118
Attachment 2 to
Report PSD -079-18
Corporation of the Municipality of Clarington
By-law Number 20 -
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2017-0007;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. By-law 84- 63 is amended as set out in Sections 2 through 4 of this By-law
2. "Section 12.4 "Special Exceptions – Urban Residential Type One (R1) Zone" is
hereby amended by adding thereto, the following new Special Exception:
12.4.100 Urban Residential Exception (R1-100) Zone
Notwithstanding 12.2 b. i) those lands zoned "R1-100" on the Schedules to this
By-law shall only be used subject to the following zone provisions:
a. Lot frontage (minimum) 6 metres
3. "Section 14.6 SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE (R3)
ZONE is hereby amended by adding thereto new Special Exceptions as follows:
SECTION 14.6.57 URBAN RESIDENTIAL EXCEPTION (R3-57) ZONE
Notwithstanding Sections 3.1 g. i) and iv), 14.2, 14.3 a., b., c., i), ii), iii), e. g.; and
14.4 shall only be used for street townhouse dwellings, subject to the following
regulations:
a. Lot Area (minimum) 210 square metres
b. Lot Frontage (minimum)
i) Interior Lot 7. 0 metres
ii) Exterior Lot 10. 5 metres
C. Yard Requirements
i) Front Yard 6.0 metres to private
garage or carport;
4. 0 metres to dwelling;
2. 0 metres to porch
ii) Exterior Side Yard 6. 0 metres to private garage
or carport;
4.0 metres to dwelling;
2. 0 metres to porch
iii) Interior Side Yard 1. 2 metres; nil where a
building has a common wall with
any building on an adjacent
located in a R3-57 zone
d. Special Yard Regulation
i) Bay windows with foundations may project
into any required yard to a distance of not more
than 0.75 metres with the bay window having
a maximum width of 2. 4 metres, but in no
instance shall the interior side yard be reduced
below 0. 6 metres.
ii) Steps may project into the required front or exterior
side yard, but in no instance shall the front or
exterior side yard be reduced below 1.0 metres.
e. Lot Coverage (maximum)
i) Dwelling 55 percent
f. Height of floor deck of unenclosed porch above finished grade 1.0 metres
(maximum)
g. Height (maximum)
i) 1 Storey dwelling 8. 0 metres
ii) All other residential units 10. 5 metres"
4 Schedule `4' to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Agricultural Exception (A-1) Zone" to "Holding Urban Residential Exception (R2-
54) Zone";
"Agricultural Exception (A-1) Zone" to " Holding Urban Residential Exception (R2-
71) Zone";
"Agricultural Exception (A-1) Zone" to " Holding Urban Residential Exception (R2-
72) Zone;
"Agricultural Exception (A-1) Zone" to " Holding Urban Residential Exception (R3-
52) Zone";
"Agricultural Exception (A-1) Zone" to " Holding Urban Residential Exception (R3-
57) Zone";
"Agricultural Exception (A-1) Zone" to " Urban Residential Type One (R1) Zone"
"Agricultural Exception (A-1) Zone" to " Urban Residential Type Exception (R1-
100) Zone" and
"Agricultural Exception (A-1) Zone" to " Environmental Protection (EP) Zone";
as illustrated on the attached Schedule `A' hereto.
5. Schedule `A' attached hereto shall form part of this By-law.
6. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 24 (2), 34 and 36 of the Planning Act.
By -Law passed in open session this day of , 2018
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
\\netapp5\group\Planning\^Department\LDO NEW FILING SYSTEMWpplication Files\SC-Subdivision\S-C-2017\S-C-2017-0005
Foster Northwest\Staff Reports\PSD-079-18Wttachment 2 - Draft Zoning By-law.docx
This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D.
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Durham-Hig
i
- Zoning Change From "(H)R1-67" To "(H)R2-54"
- Zoning Change From "A-1" To "(H)R2-54"
Zoning Change From "A-1" To "(H)R2-71"
Zoning Change From "A-1" To "(H)R2-72"
- Zoning Change From "A-1" To "(H)R3-52"
® Zoning Change From "A-1" To "(H)R3-57"
- Zoning Change From "A-1" To "R1-100"
Zoning Change From "A-1" To "RI"
- Zoning Change From "EP" To "R1"
- Zoning Change From "EP" To "(H)R2-72"
Zoning Change From "A-1" To "EP"
Zoning To Remain "EP"
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II Adrian Foster, Mayor Newcastle • ZBA 2017-0007 • Schedule 5 Cr Anne Greentree, Municipal Clerk I I