HomeMy WebLinkAboutPSD-066-07
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REPORT
PLANNING SERVICES
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Report #:
PSD-066-07
File #: ZBA 2007-0017
and 18T -87087
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By-law #: J 007 ~/ /3 zt
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Tuesday, May 22, 2007
Subject:
REZONING AND AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION TO
PERMIT THE DEVELOPMENT OF 187 DETACtll;J) DWELLINGS
APPLICANT: INTRACORP DEVELOPMENTS~L.:!'?) ,\"< 1
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-066-07 be received;
2. THAT the amendment to Draft Approved Plan of Subdivision 18T-87087, submitted by Intracorp
Developments Ltd. be APPROVED subject to the conditions contained in Attachment 4;
3. THAT the application for Zoning By-law Amendment (ZBA 2007-0017) be APPROVED, as
contained in Attachment 5;
4. THAT the by-law, as per Attachment 6, authorizing the entering into of an Amending Subdivision
Agreement between the Owner of Draft Plan of Subdivision 18T-87087 and the Municipality of
Clarington be APPROVED and forwarded to Council for APPROVAL;
5. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham
Planning Department and a Municipal Property Assessment Corporation (MPAC); and
6. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
CS/C P IDJ C/df/jd/sh
May 8, 2007
Reviewed by: ~--
f Fra hnWu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-066-07
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Intracorp Developments Limited
1.2 Owner: Halloway Holdings Limited
1.3 Proposed Amendment to Draft Approved Plan of Subdivision:
From: 195 unit subdivision consisting of 78 lots for single
detached dwellings for lots with 12.2 metre frontages, 9 lots
for single detached dwellings for lots with 13.5 metre
frontages and 54 lots for 108 semi-detached units for lots on
18 metre frontages.
To: 187 lots for 187 single detached units on 9.0,11.0,12.0
and 15.0 metre lot frontages.
1.4 Proposed Rezoning:
From "Holding-Urban Residential Type (R1) Zone" and
"Holding Urban Residential Type (R2) Zone" to an
appropriate zone to permit the proposed amendment to the
Draft Approved Plan of Subdivision and for further reductions
in front, exterior, interior side yards, and sight triangles and
an increase in lot coverage.
1.5 Area:
13.7 hectares
1.6 Location:
The subject property is located east of Scugog Street and
north of Goodwin Avenue being in Part Lot 12, Concession
2, in the Former Town of Bowmanville,(see Attachment 1 )
2.0 BACKGROUND
2.1 On February 28, 2007, Intracorp Developments Limited submitted applications to
amend Draft Approved Plan of Subdivision 18T-87087 and Zoning By-law 84-63.
Intracorp Developments is currently developing the lands to the east known as Liberty
Crossing. The application for amendment to draft approval is requesting changes to the
lotting fabric to lots with various frontages to accommodate only single detached
dwellings. The total number of units is reduced by 8. There are no changes to the road
pattern, walkway or the school and park blocks.
2.2 In addition to the change in lotting fabric, the amendment to the zoning by-law is for
reduced exterior, interior and front yard setbacks, reduced sight triangles and increased
lot coverage to ensure the built form is consistent with the Intracorp development to the
east.
2.3 The Region of Durham issued Draft Approval for Plan of Subdivision 18T-87087 in
REPORT NO.: PSD-066-07
PAGE 3
February 1990. It was subsequently amended in July, 1990, April 1996 and in July
2000. The Draft Approved Plan originally contained 468 units, including a medium
density block, a commercial block, public elementary school block and park block. The
majority of the Draft Plan has been registered as 40M-1852, 40M-1910, and 40M-2020
totalling 260 residential units shown on Attachment 2.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject lands are relatively flat and have been graded to accommodate this
development.
3.2 The surrounding uses are as follows:
North - Draft approved residential plan of subdivision and one (1) single
detached dwelling
South - Residential
East - Residential and St. Elizabeth Separate Elementary School
West - Scugog Street and beyond, residential and St. Stephen's Separate
Secondary School
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement requires planning authorities to provide for a range of
housing types and densities with a ten year supply of land which are designated and a
three year supply of zoned and serviced lands within the draft approved and registered
plans. Land and unit supply is to be based on, and reflect population and unit
allocations which are identified within municipal plans. New housing is to be directed to
locations where infrastructure and public services are available. The applications are
consistent with the Provincial Policy Statement as they are accessible to existing
services and relatively close to transit.
4.2 Provincial Growth Plan
The Provincial Growth Plan requires growth to be directed to built-up areas that are
transit supportive and where infrastructure is available. These were draft approved in
1990 for residential development. Transit is available on both Longworth Avenue and
Scugog Street. The applications conform to the policies laid out in the Provincial
Growth Plan.
REPORT NO.: PSD-066-07
PAGE 4
5.0 OFFICIAL PLANS
5.1 Durham Reaional Official Plan
The Durham Region Official Plan designates the subject lands as Living Area. This
designation is to be predominantly used for housing purposes and to provide a safe,
attractive and efficient living environment. The proposed development is permitted.
5.2 Clarinaton Official Plan
The subject lands are designated as Urban Residential in the Clarington Official Plan
and are within the Bowmanville Urban Area. The lands are also within the Knox
Neigbourhood with a population allocation of 5,400 and housing target of 1,900 units.
The proposed use conforms to the Clarington Official Plan.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63, as amended, zones the subject lands "Holding-Urban Residential
Type One ((H) R1) and "Holding -Urban Residential Type Two ((H) R2)". The proposed
amendments to the Draft Approved Plan of Subdivision dictate the need for the rezoning
of the lands. The applicant has requested the same zoning that applies to the Liberty
Crossings development east of the subject site.
7.0 PUBLIC MEETING AND SUBMISSIONS
7.1 Two area residents spoke in opposition to the proposal at the statutory Public Meeting
held on April 23, 2007. Their concerns are summarized below:
· A resident of Goodwin Avenue spoke in opposition to the proposal, stating that
the original Draft Plan proposed large detached lots. He was also concerned with
the influx of more children in the neighbourhood and lack of planning for schools.
· A second resident of Goodwin Avenue spoke in opposition to the proposal,
expressing concern that the additional homes would add congestion to the area
and the possibility that the new development might not compliment the existing
residential neighbourhood.
After the Public Meeting, staff met with both individuals, to discuss their concerns and
clarify the proposed amendments. Staff advised that the 18 metre semi-detached lots
which are currently draft approved for the area subject to the amendment, are proposed
for 9.0 metre single detached units and as such the housing form will appear the same.
Staff also advised that the overall number of units would be reduced by eight (8). In
response to the concern regarding the lack of school facilities, staff have confirmed that
the Kawartha Pine Ridge District School Board has purchased the school block in the
Draft Approved Plan and the Board plans to submit an application for a new elementary
school shortly.
REPORT NO.: PSD-066-07
PAGE 5
8.0 AGENCY COMMENTS
8.1 The subject applications were circulated to various agencies and other departments by
Planning Services. Rogers, Bell Canada, Veridian Connections, Enbridge Gas and
Clarington Operations have offered no objection to the proposed amendments.
8.2 The Engineering Services Department has approved the engineering drawings made
under the draft approved plan for this site. They offered no objection to the proposed
amendment to draft approval and zoning by-law amendments. However, new
engineering submissions are required to reflect the proposed amendment to the draft
plan.
As a condition of approval the owner is required to undertake preparation of a
conceptual park plan including proposed grading to demonstrate that the proposed park
size and configuration and topography will allow for construction of park facilities. The
owner will also be required to grade the site in accordance with the park plan including
stormwater servicing. The park must be fenced and seeded. Servicing such as hydro,
sanitary sewer and water should be stubbed at the property line along the park frontage.
8.3 Clarington Emergency Services has recommended that turning radius at the end of cul-
de-sacs greater than 90 metres in length should have a turning radius diameter of 30
metres. The existing plan was draft approved with a 27 metre turning radius. There
appears to be sufficient lot depth to make this revision.
8.4 The Region of Durham has no objection to the revised plan. The conditions of approval
dated February 23, 1990, as amended on July 10, 1990, April 19, 1996 and July 10,
2000 are still applicable. Condition No. 1 of the Draft Conditions of Approval will need to
be amended to correspond with the revised plan. In addition, a new condition to
implement the noise impact study is to be added.
8.5 Central Lake Ontario Conservation Authority offers no objection however advised that
their previous conditions of draft approval for 18T-87087 are still applicable to the
proposed revised plan.
8.6 The Kawartha Pine Ridge District School Board has advised that the Board has
purchased the site for a public elementary school. The developer is required to rough
grade the site, all municipal services are to be provided to the site and the installation of
a 1.8 metre chain linked fence on the perimeter of the school block is required where it
abuts proposed residential lands.
9. 0 STAFF COMMENTS
9.1 The applicant is proposing to extend the urban design vision for Liberty Crossing
developments from Liberty Street to Scugog Street. The changes in lot sizes, reductions
in the front, exterior and interior side yard setbacks, increased lot coverage and
REPORT NO.: PSD-066-07
PAGE 6
reductions in the sight triangles are being requested to achieve this goal. Through the
deliberation of the Liberty Crossing development, both Planning and Engineering Staff
undertook a detailed examination of various communities with similar housing form and
streetscapes. It resulted in a site specific amendment to By-law 84-63, which was
approved by Council in April 2005. To avoid duplication in the zoning amendments,
staff have used the same exception zone categories as in the Liberty Crossing
subdivision where applicable.
9.2 Lot sizes
The proposed amendment to the existing Draft Approved Plan of Subdivision would
permit the development of only single detached dwellings. The applicant has requested
lots with a minimum of 9.0 metre, 11.0 metre, 12.0 metre and 15.0 metre frontages. The
minimum 9.0 metres single detached dwelling will have a similar housing form to the
18.0 metre semi-detached lots.
Staff support the proposal to create a new 9.0 metre single lot category only in a
situation where semi-detached/link lots have been previously approved. For any new
development, the minimum frontage on small lot single dwellings should be 10 metres.
For the 9.0 metre single detached lot category, a corner lot frontage of 11. 5 metres for
Lot 8 is being requested. Typically, in the R2-36 zone category, the minimum lot
frontage for a corner lot is 13.8 metres.
The applicant has increased the lot frontage for the lots located on the eyebrow on
Honeyman Drive to a frontage of 11.0 metres. This allows for adequate frontage to
accommodate a double width driveway of 4.6 metres and sufficient area for snow
storage.
The 9.0, 11.0 , 12.0 and 15.0 metre frontages maintains a variety of housing types and
provides a few 15.0 metre frontage lots which previously did not exist.
9.3 Interior Side Yard Reductions
The interior side yard setbacks for the 9.0 metre lots, maintains 0.6 metres on one side
and 1.2 metres on the other side. This is similar to a typical link unit which was
otherwise approved for these lots.
9.4 Front and Exterior Side yard Reductions
Front Yard Setbacks
The applicant is requesting reduced front yard setbacks to encourage the construction
of porches and balconies and to bring the homes closer to the street. This will assist in
providing an attractive residential environment and encourage social interaction.
The setbacks have been requested for all lots and are outlined below.
REPORT NO.: PSD-066-07
PAGE 7
TABLE 1
PROPOSED MINIMUM FRONT YARD SETBACKS
The front yard setback for the dwelling is consistent with what is typically permitted in
many residential zones. The General Provision of the Zoning By-law currently permits
1.5 metres encroachment for steps and or porches to the minimum required front yard
maintaining a 3.0 metre setback to the street line. The proposed request would permit
steps currently associated with a porch to be setback 1.5 metres from the property line.
Exterior Side Yard Setbacks
The applicant has also requested reduced exterior side yards.
Staff are supportive of reduced setbacks from the current standards to provide a
compact and pedestrian oriented environment with attractive porch features. However, if
the home is situated close to the street, the residents will not feel comfortable using the
porch. As such, the exterior side yard setback varies depending if a sidewalk is located
adjacent to the exterior side of the lot.
TABLE 2
PROPOSED MINIMUM EXTERIOR SIDE YARD SETBACKS
Current
Pro osed with Sidewalk
Proposed without
Sidewalk
4.5 metres
2.0 metres
1.2 metres
6.0 metres
4.0 metres
3.0 metres
6.0 metres
6.0 metres
6.0 metres
9.5 Siqht Trianqle Reduction
Zoning By-law 84-63, requires a minimum 7.5 metre sight triangle. In the existing Liberty
Crossing development the sight triangle was reduced to 6.75 metres on the basis that
the 4.6 metre wide driveway could be maintained if the site triangle was reduced. A 4.6
metre wide driveway can accommodate two cars parked side by side which limits on-
street parking. The applicant is requesting the same reduction with the exception of Lot
8 where a further reduction to 6.25 metres is being requested. Staff have no objection to
the reduction to 6.25 metres, as the 4.6 metre driveway can still be achieved.
REPORT NO.: PSD-066-07
PAGE 8
9.6 Increased Lot Coveraae
An increase in lot coverage from 40 to 45 % is being requested for the 9 metre lots.
Along with the reduced front and exterior side yard setbacks for all the lots in the plan,
this will provide the applicant with the ability to intensify the development by permitting a
larger footprint on all lots.
An exemption in lot coverage for unenclosed porches and balconies is being requested
on the remaining lots. It is proposed that on an interior lot, a porch up to a maximum of
12 square metres in area be permitted. For an exterior lot, porches with a maximum
area of 20 square metres are proposed. The increase in size allows for more practical
use of the porch or balcony. Architectural Control Guidelines encourage porches on
exterior side yards, as they allow for attractive homes on corner lots and improve the
overall streetscape. Staff have no objection to this request.
9.7 Themed streetscaoe
Liberty Crossing is marketed as a traditional Old Ontario town. A variety of streetscape
features such as lighting, fencing and signage were incorporated into the development.
These elements will be continued through this next phase of development. An entry
feature, similar to the one at Bons Avenue and Liberty Street which exists today and is
approved for Concession Road 3 and Lowrie Street will be placed at Scugog Street and
Bons Avenue. The feature is intended to provide a sense of place and a gateway for the
proposed development.
The proposed entry feature will be placed on private property and will be transferred to
the future homeowner of Lot 266. As a condition of draft approval, the applicant will be
required to place a warning clause in the purchase and sale agreement advising the
purchaser that it will be the owner's responsibility to maintain the entry feature.
The Engineering Services Department advises that features such as fencing, walls and
signage will not be permitted within the municipal boulevards due to maintenance costs.
The applicant is to provide details for all urban design features through their engineering
submissions for approval.
9.8 The Finance Department advises that all taxes have been paid.
1 O. RECOMMENDATIONS
10.1 Prior to scheduling a recommendation report to Committee and Council on a draft plan
subdivision application a list of the proposed conditions of draft approval are submitted
to the applicant for their review and concurrence with the same. The purpose of this
exercise is to determine if there are any conditions of draft approval that the applicant
does not agree with and that they be identified for further discussion purposes. The
applicant concurs with Conditions of Draft Approval.
REPORT NO.: PSD-066-07
PAGE 9
10.2 In consideration of the comments received from circulated agencies and review of
proposal, staff recommend:
.
Approval of the amendment to Draft Approved Plan of Subdivision 18T-87087, on
Attachment 3, subject to conditions contained in Attachment 4;
Rezoning the subject lands with the Plan of Subdivision, Attachment 5;
Approval of the By-law authorizing entering into an Amending Subdivision
Agreement be approved.
.
.
Attachments:
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
- Key Map
- Draft Approved Plan of Subdivision 18T -87087
- Plan of Subdivision 18T-87087 as redlined
- Amendment to Conditions of Draft Approval
- Zoning By-law Amendment
- Authorizing By-law for Amending Subdivision Agreement
List of interested parties to be advised of Council's decision:
Halloway Holdings Limited
Intracorp Development Inc.
Sernas Associates
Mike Dome
Stanley Hudson
Dianne Gamble
Attachment 1
To Report PSD-066-07
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SUBDIVISION PHASING PLAN
Attachment 2
To Report PSD-066-07
PROPOSED
DRAFT PLAN
Of SUBOlVlSION
PART Of LOT 12. CONCESSION 2.
LOTS 3.4.5.6,1.8.9.10.11.12.1:5 &: 15,
HAMBLY STREET, PART Of lOTS H.
&: 16, AND PART OF ELGIN STREET
All. ACCORDING TO HAMBLY PLAN
(by LH.Shottt) OF PART OF LOT 12,
CQlIG(SS/OH 2.
MUNICIPALITY OF CLARINGTON
REClCtlAl. t.lUNICIPAUTY Of OURH.w
TOWN Of 'OWl/A N Vlt L C
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Attachment 3
To Report PSD-066-07
__~ L_______________________________________~-
CONCESSION ROAD No.3 ~
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DRAFT PLAN
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PART rI CCINl:DMlN Z.
LOll 1.'0.".12.13 . 15.
HA-.' PART at UllS 14
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ALL 10 HNlIk Y \I\.AH
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Attachment 4
To Report PSD-066-07
AMENDMENT TO CONDITIONS OF DRAFT APPROVAL 18T -87087
Conditions of draft approval for the subject plan as issued on February 23, 1990, and
amended on July 10, 1990, April 19, 1996 and July 1 a, 2000 are hereby further amended
as follows:
1. Condition 1 is deleted and replaced with the following:
"1. That this approval applies to draft plan of subdivision 18T 87087, prepared
by Tunney Planning, identified as project number TUN 184-3, revised by
G.M. Sernas and Associates, identified as drawing number as 94010, dated
December 1989, which is draft approved February 23, 1990 and amended
on July 10, 1990, April 19, 1996 and July 10, 2000 is hereby further
amended and which illustrates: 460 units consisting of 284 single detached
lots, 94 semi-detached/link lots and 82 on-street townhouse units; a school
block; a block for future development; a park block, various blocks for
reserves, a walkway, road widenings, public road allowances."
2. Condition 4 is deleted and replaced with the following:
"4. That Blocks 325 and 326 on the revised draft plan shall be dedicated as
public highway for the purpose of widening Scugog Street."
3. Condition 5 is deleted and replaced with the following:
"5. That all 0.3 reserves, shown as Blocks 314, 315, 316 on the revised draft
plan, shall be conveyed to the Municipality of Clarington.
4. Condition 6 is deleted and replaced with the following:
"6. That Blocks 313 and 313B on the revised draft plan on shall be dedicated to
the Municipality of Clarington as public walkways."
5. Condition 7 is renumbered to Condition 7a) and a new condition, Condition 7b) be
added as follows:
"7 b) That Block 308 on the revised draft plan be dedicated free and clear to the
Municipality of Clarington for parkland purposes."
6. Condition 9 is amended by adding the following:
"9. For the purposes of clarification; rough grading shall mean grading the park
block to the grades shown on the approved Park Site Master Plan prepared
by Henry Kortekaas and Associates, dated July 27, 2006 complete with 200
mm of topsoil cover. Servicing shall include installation of all catch basins,
stormwater servicing as per approved Park Site Master Plan. Furthermore,
services such as hydro and water shall be stubbed at the property line along
the park frontage to the satisfaction of the Director of Engineering Services."
7. Condition 19 is deleted and replaced with the following:
"19. That the Owner Shall enter into a written agreement with the Kawartha Pine
Ridge District School Board which provides for the future acquisition of the
school site, shown as Block 307 on the revised draft plan, on the satisfaction
of the School Board. The agreement shall, among other matters, require:
a) Block 307 to be rough graded;
b) the approved final grading plans for the surrounding lands to be
provided to the School Board;
c) all municipal services provided to the site: and
d) the installation of a 1.8 metre high chain link fence on the perimeter
of Block 307 where it abuts proposed or existing residential lands."
8. The following new conditions be inserted as new Conditions 20 through to 38.
"20. The Owner shall agree in the Municipality of Clarington subdivision
agreement to implement the recommendation of the report, entitled "Noise
Impact Study", prepared by Sernas Associates, dated March 2007, which
specifies noise attenuation measures for the development. The measures
shall be included in the subdivision agreement and must also contain a full
and a complete reference to the noise report (i.e. author, title, date and any
revision/addenda) and shall include any required warning clauses identified
in the study in the purchase and sale agreement.
21. The Owner shall prepare a plan, to the satisfaction of Director of Planning
Services and Director of Engineering Services, which details the
subdivision's visual themes to enhance the identity of the neighbourhood.
This includes upgraded streetscapes, the use of strategically located
entrance features and land tree planting.
22. The Owner shall be 100% responsible for the cost of 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.
23. The Owner agrees that no residential units shall be offered for sale to the
public on said plan until such time as architectural control guidelines and the
exterior architectural design of each building has been approved by the
Control Architect and the Director of Planning Services.
24. The Owner agrees that no building permit shall be issued for the construction
of any building on any residential lot or block on said plan, until the
architectural control 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 Municipality of Clarington.
25. The Owner shall cause all utilities, including, hydro, telephone, Cable TV,
etc. to be buried underground.
26. That prior to the issuance of building permits, access routes to the
subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario
Building Code and, that all watermains and hydrants are fully serviced and
the Owner agrees that during construction, fire access routes be maintained
according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of
combustible waste be maintained as per Subsection 2.4.1.1 and open
burning as per Subsection 2.6.3.4 of the Ontario Fire Code.
27. The Owner shall submit revised Engineering, Landscaping and Utilities plans
based on the revised draft plan in accordance with the Municipality of
Clarington Design Criteria and Standard Drawings and to the satisfaction of
the Director of Engineering Services.
28. Prior to issuance of building permits the Owner shall remove any temporary
turning circles located immediately adjacent to this subdivision which are in
existence at the time of construction to the satisfaction of the Municipality of
Clarington. The Owner shall reconstruct any "external connections" to an
urban standard, including asphalt paving, curb, gutter, boulevard sodding,
sidewalks, street lighting, street trees in accordance with the standards and
requirements of the Municipality of Clarington.
29. The Owner shall assume all costs for provision, installation and location of
community mailboxes to service this development, in a manner satisfactory
to the Director of Engineering Services.
30. The Owner agrees to insert the following clause in the purchase and sale
agreement for Lot 266:
"The Purchaser is advised that decorative landscape features
such as fencing (wood, stone or metal), signage or plantings
provided on their property at the triangle delineate the property
boundary and provide a buffer from the intersection. It is the
owner's responsibility to maintain the said decorative landscape
feature."
31. All works and services must be designed and constructed in accordance with
the Municipality of Clarington Design Criteria and Standard Drawings,
provisions of the Municipality Development By-Law and all applicable
legislation and to the satisfaction of the Director of Engineering Services.
32. This development cannot proceed until such time that the Municipality has
approved the expenditure of funds for the provision of the construction of any
works that have been included in the Municipality's Development Charge By-
Law and that are deemed necessary by the Director of Engineering Services
to service this development.
33. The Owner must meet all the requirements of the Engineering Services
Department, financial or otherwise.
34. The Owner agrees that where the well or private water supply of any person
is interfered with as a result of the subdivision, the Owner shall at his
expense, either connect the affected party to the municipal water supply
system or provide a new well or private water system so that water supplied
to the affected party shall be of quality and quantity at least equal to the
quality and quantity of water enjoyed by the affected party prior to the
interference.
35. The Owner shall provide the Municipality with unconditional and irrevocable
Letters of Credit acceptable to the Municipality's Treasurer, with respect to
Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and
other guarantees or deposit as may be required by the Municipality.
36. That all land dedications, easements, sight triangles and reserves as
required by the Municipality for this development must be granted to the
Municipality free and clear of all encumbrances and in a form satisfactory to
the Municipality's Solicitor.
37. The Owner shall pay to the Municipality, the development charge in
accordance to the Development Charge By-law as amended from time to
time, as well as payment of a portion of front end charges pursuant to the
Development Charge Act if any are required to be paid by the Owner.
38. That the Owner supply on disk, in a CAD format acceptable to the
Municipality a copy of the proposed Plan of Subdivision as Draft Approved
and the 40M-Plan."
9. All other conditions thereafter be renumbered consecutively.
1 O. Condition 46 a) is deleted and replaced with the following:
"a) the Municipality of Clarington, how Conditions 1, 2, 3, 4, 5, 6, 7a), 7b), 8, 9,
10, 11,12, 17, 18, 20 to 37, 40, and 43 have been satisfied;"
11. All other conditions thereafter are renumbered consecutively.
Attachment 5
To Report PSD-066-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
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 former Town of Newcastle to implement zoning amendment application
ZBA 2007-0017;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is
hereby amended by adding thereto the following new Special Exceptions 13.4.48, and 13.4.49 as
follows:
"SECTION 13.4.48 URBAN RESIDENTIAL EXCEPTION (R2-48) ZONE"
Notwithstanding Sections 3.22, 13.2 b) ii), c) i, ii) and e), the lands zoned R2-48 on those
Schedules to this By-law shall be subject to the following regulations:
a)
lot Frontage (minimum)
i) corner lot
Yard Requirements (minimum)
i) front yard
b)
ii)
exterior side yard
iii)
sight triangle
c)
lot Coverage (maximum)
11.5 metres
3.0 metres to an unenclosed
porch/balcony
4.5 metres to dwelling
6.0 metres to private garage or carport
1.2 metres to an unenclosed
porch/balcony on
street side without a municipal sidewalk
2.0 metres to an unenclosed porch/balcony on street
side with a municipal sidewalk
3.0 metres to dwelling on street side without a
municipal sidewalk
4.0 metres to dwelling on street side with a municipal
sidewalk
6.0 metres to private garage or carport
6.25 metres
45 percent
Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony
having no habitable space above it shall be permitted subject to the following:
i) an unenclosed porch/balcony up to a maximum area of 20 square metres shall be
permitted provided it is located in the front and/or exterior side yard of the lot.
d) Height of floor deck of unenclosed porch to
finished grade (maximum) 1.0 metre
"SECTION 13.4.49 URBAN RESIDENTIAL EXCEPTION (R2-49) ZONE"
Notwithstanding Sections 3.1 i)iii), 3.22, 13.2 a, b) i), ii), c) i), ii), iii) and e), the lands zoned R2-49
on those Schedules to this By-law shall be subject to the following regulations:
a)
Lot Area (minimum)
b)
Lot Frontage (minimum)
i) interior lot
ii)
corner lot
270 square metres
9 metres
12 metres
c) Yard Requirements (minimum)
i) front yard 3.0 metres to an unenclosed porch
4.5 metres to a dwelling
6 metres to a private garage or carport
ii)
front yard
3.0 metres to an unenclosed
porch/balcony
4.5 metres to dwelling
6.0 metres to private garage or carport
iii) exterior side yard on street side without a municipal sidewalk:
a) 1.2 metres to an unenclosed porch/balcony
b) 3.0 metres to a dwelling
c) 6.0 metres to garage
iv) exterior side yard on street side with a municipal sidewalk or
exterior side yard where the rear lot line of the corner lot is shared with the side lot
line of the immediately adjacent lot:
a) 2.0 metres to an unenclosed porch/balcony
b) 4.0 metres to a dwelling
c) 6.0 metres to garage
v)
interior side yard
With attached private garage or carport 1.2 metres on
one side and 0.6 metres on the other side.
Without attached private garage or carport 3.0 metres
on one side and 0.6 metres on the other side.
d)
e)
Driveway width (maximum)
4.6 metres
Lot Coverage (maximum)
45 percent
Notwithstanding the above lot coverage provIsion, a covered and unenclosed porch/balcony
having no habitable space above it shall be permitted subject to the following:
i) in the case of an interior lot, an unenclosed porch/balcony up to a maximum are of
12.0 square metres hall be permitted provided it is located in the front yard of the
lot;
ii) in the case of a corner lot, an unenclosed porch/balcony up to a maximum area of
20 square metres shall be permitted provided it is located in the front and/or exterior
side yard of the lot.
f)
Height of floor deck of unenclosed porch to
finished grade (maximum)
1.0 metre
BY-LAW read a first time this
day of
2007
BY-LAW read a second time this
day of
2007
BY-LAW read a third time and finally passed this
day of
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2007-
passed this day of . 2007 A.D.
,
EXISTIN~:r
SCHOOL!
I ~ I
!iil I~
I ~ . . " ,~ ~
[y:] Zoning To Remain "(H}R1"
~ Zoning Change From "(H}R1" To "R2-36"
IXQ] Zoning Change From "(H}R1" To "R2-49"
J
"'~I:~I~~
IIlNlli I
BONS A VEN
.,
'"
:=c:
IOl-+-U'
lIl3_lI'
.>( I71TTT I
.. C it lil ~ Ii! ;: ~ ...
. 1_-1- III JJlI LLL
;;ti*'" :t '& t I.
~ ~j.J
." ,~ \. \ "GOODWIN AVENUE
.. ,of. \ \.....Y'" !
0:~"\l.~ ~ '
'to ... , \'C~ ~ 41 '" .~!
~ ,~\) l)f. ./\ \ ..
.. ~ \ \..-Y' p.\jf.~\\;.. ~
~ .. \y ~~~ \ -' .. .. \
--<'\ ,,;,.',~ ~ ':Y \ \ ..
.. Zoning Change From"(H}R1 To "R2-48"
~ Zoning Change From "(H}R2" To "R2-35"
En Zoning Change From "(H}R2" To "R2-59"
ffi9 Zoning To Remain 'A"
Jim Abernethy, Mayor
Patti L. Barrie. Municipal Clerk
CONCESSION IROAD 3
~
Bowmanville
Attachment 6
To Report PSD-066-07
Th : <~ORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
being a B~I:w to authorize entering into an Amending Agreement with the Owners of
Plan of SL ldivision 18T-87087 and any Mortgagee whom has an interest in the said
lands, ane the Corporation of the Municipality in respect of 18T-87087
WHEREAS, Cou lei on May 22, 2007, approved an amendment to draft Plan of Subdivision
18T-87087 locatE j in Part Lot 12, Concession 2, former Town of Bowmanville;
AND WHEREAS tr e Owner(s) of draft Plan of Subdivision 18T-87087 is now ready to proceed
to finalizing and I mendment to a Subdivision Agreement; and,
NOW THEREFO t:: BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of C Irington hereby enacts as follows:
1. THAT thE Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporatic 1 :)f the Municipality of Clarington, and seal with the Corporation's seal, an
Amending ll,nreement between the Owners of the Plan of Subdivision 18T-87087.
2. THAT the IAayor and Clerk are hereby authorized to accept, on behalf of the
Municipali {, the said conveyances of lands required pursuant to the aforesaid
Amendmg ll'!lreement.
BY-LAW read a i -~;: time this
day of
2007
BY-LAW read a : =(:ond time this
day of
2007
BY-LAW read a I lird time and finally passed this
day of
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk