HomeMy WebLinkAboutPSD-036-08
Cl~-ilJglon
REPORT
PLANNING SERVICES
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
~~u.\:..on *~ f f) - c9- 3 \ - 08"
Monday, March 31, 2008
Report #:
File #: ZBA 2007-0015 &
S-C-2007 -0004
ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION TO PERMIT
THE DEVELOPMENT OF 1300 RESIDENTIAL UNITS
APPLICANTS: BAYSONG DEVELOPMENTS INC., 2084165 ONTARIO LTD., KIRK
KEMP AND DOUGLAS KEMP (NORTHGLEN WEST)
PSD-036-08
By-law #:
Subject:
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-036-08 be received;
2. THAT the application for Draft Plan of Subdivision S-C-2007-0004 submitted by Baysong
Developments Inc. 2084165 Ontario Limited, Kirk Kemp and Douglas Kemp be APPROVED
and that the Director of Planning Services be authorized to issue Draft Approval subject to the
conditions contained in Attachment 3;
3. THAT the application for Zoning By-law Amendment ZBA 2007-0015 submitted by Baysong
Developments Inc. 2084165 Ontario Limited, Kirk Kemp and Douglas Kemp be APPROVED as
contained on Attachment 4;
4. THAT the Mayor and Clerk be authorized by By-law to execute a Subdivision Agreement
between the Owner and the Municipality of Clarington, at such time, as the agreement has been
finalized to the satisfaction of the Directors of Engineering Services, Planning Services and
Finance;
5. THAT the Durham Region Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of this report and Council's decision; and
6. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by:
R~_~ ~
.Lr/ anklin Wu,
U - Chief Administrative Officer
Dav' . ro , .C.I.P., R.P.P.
Director of Planning Services
CS/CP/DJC/sh
25 March 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-036-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant:
Baysong Developments Inc., 2084165 Ontario Limited,
Kirk Kemp and Douglas Kemp
1.2 Agent:
Tunney Planning Inc.
1.3 Proposed Draft Plan of Subdivision:
1300 unit residential Plan of Subdivision consisting of:
. 855 single detached dwellings on 10.0, 11.0, 12.0
13.5 and 15.0 metre lot frontages;
. 52 semi-detached dwelling units on 18 metre lot
frontages;
. 203 street townhouse units;
. 86 block townhouse units;
. 104 medium/high density residential units within a
mixed use block;
. 1 public elementary school block;
. 1 park block;
. 1 parkette; and
. Open space
1.4 Proposed Rezoning:
To change the current zoning on these properties from
"Agricultural (A)", and "Agricultural Exception (A-1) Zone" to
appropriate zones to permit the proposed development.
1.5 Area:
Baysong Developments Inc.
2084165 Ontario Limited
Kemp
TOTAL
46.841 hectares
15.119 hectares
12.583 hectares
74.543 hectares
2.0 LOCATION
2.1 The subject lands are located on the north side of Concession Road 3, west of Middle
Road and east of Regional Road 57, being in Part lots 13 and 14, Concession 3 in the
former Township of Darlington (Attachment 1).
3.0 BACKGROUND
3.1 On March 2, 2007, Baysong Developments Inc., 2084165 Ontario Inc., Kirk Kemp and
Douglas Kemp submitted applications for draft plan of subdivision and rezoning. The
subject applications originally proposed a total of 1342 residential units consisting of
single detached, semi-detached, townhouse, medium and high density units. A Public
Meeting for these applications was held in May 22, 2007. The applications were referred
back for further processing, completion of a Neighbourhood Design Plan and a
Financial Impact Study.
REPORT NO.: PSD-036-08
PAGE 3
3.2 The Northglen Landowners Group (Baysong Developments Inc., 2084165 Ontario
Limited, Kemp and Carruthers) had also submitted an application to amend the
Clarington Official Plan, encompassing the entire Northglen Neighbourhood. Official
Plan Amendment No. 59 was approved by Council on December 10, 2007.
3.3 A revised draft plan of Subdivision was submitted in February 2008, reducing the
number of residential units from 1342 to 1300.
3.4 A draft plan of subdivision and rezoning application submitted by Kemp and Carruthers
for the lands on the east side of Middle Road, north of Concession Road 3, also within
the Northglen Neighbourhood is the subject of Staff Report PSD-037-08.
4.0 LAND CHARACTERISTICS AND SURROUNDING USES
4.1 The northwest portion of the lands consist of a woodlot with some cleared areas in the
northern, western and southern sections of the property. The northeast property was
historically used for agriculture, but is now vacant, naturally vegetated land. There is a
barn and building debris present on the land. An apple orchard is currently being
operated on the southeast property (owned by the Kemp family), with vacant, naturally
vegetated land to the north. Finally, the southwest portion of the lands consists primarily
of farmland. There exists a residential building and the remains of a barn on the
southwest corner of this property. The subject lands are relatively flat and generally
slope to the south.
4.2 The surrounding uses are as follows:
East:
Agricultural lands, rural residential, and the Quarry Lakes Golf Course.
Concession Road 3 and beyond, existing urban residential, and Hydro
One's works depot.
Middle Road and beyond, orchards and rural residential and lands
subject to a proposed draft plan of subdivision.
Regional Road 57 and beyond, existing estate residential, and the
Bowmanville Creek valley.
North
South:
West
5.0 PROVINCIAL POLICY
5.1 Provincial Policv Statement
The Draft Plan of Subdivision and the corresponding rezoning application were
reviewed in the context of the 2005 Provincial Policy Statement.
5.1.1 The Provincial Policy Statement encourages planning authorities to create healthy
livable and safe communities by accommodating an appropriate range and mix of
residential, employment, recreational and open space uses to meet long term needs.
REPORT NO.: PSD-036-08
PAGE 4
5.1.2 Policy related to Settlement Areas, state that new development shall occur adjacent to
built up areas and shall have compact form, a mix of uses and densities that allow for
the efficient use of land, infrastructure and public services.
5.1.3 The Housing Policies, state that Planning authorities are required to provide for a range
of housing types and densities with a ten year supply of lands which are designated,
and a three year supply of zoned and serviced land within draft approved and registered
plans. New housing is to be directed to locations where infrastructure and public
services are or will be available. A full range of housing types and densities shall be
provided to meet projected requirements of current and future residents of the regional
market area.
5.1.4 The Public Spaces, Parks and Open Space policies, state that healthy active
communities should be promoted by planning public streets and spaces that are safe
and facilitate pedestrian and non-motorized movement. A full range of publicly
accessible built and natural settings for recreation including facilities, parks, open space
and trails should also be considered.
5.1.5 The Infrastructure and Public Service Facilities policies, state that infrastructure and
public service facilities shall be provided in a coordinated efficient and cost effective
manner. Planning for these shall be integrated with planning for growth so that they are
available to meet current and projected needs. The use of existing infrastructure and
public service facilities should be optimized where feasible before considering
developing new infrastructure and public service facilities.
5.1.6 Energy and Air Quality policies, state that planning authorities shall support energy
efficiency and improved air quality through various means in the planning and
development process.
5.1.7 The subject applications are consistent with the 2005 Provincial Policy Statement as
they are proposing the development of a mixed use community with a range of housing
types and densities. The subject lands are adjacent to the existing built-up area and will
make use of existing infrastructure and public service facilities.
5.2 Provincial Growth Plan
5.2.1 The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas. Growth is to be accommodated by building
compact, transit-supportive communities in designated greenfield areas and by reducing
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. Municipalities should establish an urban open space system
within built up areas which may include communal courtyards and public parks.
5.2.2 The application would appear to conform with the Provincial Growth Plan and is
expected to generate in excess of 50 people and jobs per hectare.
REPORT NO.: PSD-036-08
PAGE 5
6.0 OFFICIAL PLANS
6.1 Durham Reaional Official Plan
The Durham Regional Official Plan designates the subject lands as Living Area. The
intent of this designation is to permit the development of primarily residential areas with
defined boundaries, incorporating the widest possible range of housing types, sizes and
tenure, developed in an efficient and cost effective manner.
In consideration of development applications within designated Living Areas, regard
shall be had for the intent of this plan to achieve the following:
. A compact urban form;
. The use of good urban design principles;
. The provision of convenient pedestrian access to public transit,
educational facilities and parks; and
. The grid pattern of roads.
6.2 Clarinaton Official Plan
6.2.1 The subject lands are designated Urban Residential within the Clarington Official Plan.
This designation is to ensure developments provide for a diverse range of housing. The
applicants submitted and received approval for an Official Plan Amendment application
to allow for the following:
. Increased housing and population targets;
. Revisions to the road network;
. Revisions to, as well as additional medium density symbols; and
. Revisions to school and park requirements and locations for each.
6.2.2 The majority of the Northglen Neighbourhood is located on the lake Iroquois Beach.
Significant Woodlots and Significant Valleylands are also identified on Map C. An
Environmental Impact Study (EIS) was undertaken for the entire Northglen
Neighbourhood.
6.2.3 In addition to the woodlot being preserved through the EIS, there are a number of trees
on the property of various species and health. As such, the preparation of a Tree
Preservation Plan is required to identify those trees that can be preserved and
contribute to the natural heritage of the neighbourhood.
6.2.4 A Neighbourhood Centre symbol is located at the northeast corner of Regional Road 57
and Concession Road 3, within the subject lands. Neighbourhood Centres are to serve
as focal points for residential communities and provide for day to day retail and service
needs. The maximum gross leasable floorspace shall be 5000 m2. Neighbourhood
Centres are intended to be developed with adjacent areas such as transit nodes
containing higher density residential uses, recreation, community, cultural and
institutional uses. How Block 925, a 6.739 ha parcel, will be developed shall be detailed
through future applications for site plan approval.
REPORT NO.: PSD-036-08
PAGE 6
6.2.5 The Clarington Official Plan states prior to consideration and approval of a plan of
subdivision, the Municipality shall require the preparation of a Neighbourhood Design
Plan (NDP). The plan shall be prepared in consultation with the Municipality and other
agencies. A Neighbourhood Design Plan is a visual interpretation of the future
development of a neighbourhood. A report containing the recommended NDP was
presented to General Purpose and Administration Committee at their meeting of March
17,2008.
6.2.6 The Clarington Official Plan states that the Municipality may require a Financial Impact
Analysis to be undertaken for major development proposals. Where such an analysis
demonstrates that the development will have an adverse effect on the Municipality's
financial situation, the development will be considered to be premature and contrary to
the intent of the Official Plan. In consideration of the subject application, together with
development proposals elsewhere in Bowmanville and Newcastle Village, the
Municipality undertook a Financial Impact Analysis. The conclusions and
recommendations of the Financial Impact Analysis, prepared by Hemson Consulting
Ltd., were presented at the February 25, 2008 General Purpose and Administration
Committee through Report FD-007 -08.
7.0 ZONING BY-LAW
7.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A), and "Agricultural
Exception (A-1) Zone". The proposed development does not comply with the provisions
of this zone and therefore the subject Zoning By-law Amendment is required.
8.0 SUMMARY OF BACKGROUND STUDIES
8.1 The following documents in support of the Official Plan Amendment and Draft Plan of
Subdivision were received:
. Phase 1 Environmental Site Assessments;
. Environmental Impact Study;
. Hydrogeological Analysis;
. Archeological Assessments; and
. Functional Servicing Report
These documents were summarized in staff's report dealing with the proposed Official
Plan Amendment (PSD-137-07).
The findings of the Financial Impact Study were presented to Council in Report FD-
007 -08. The Neighbourhood Design Plan was presented to Council through Report
PSD-026-08.
REPORT NO.: PSD-036-08
PAGE 7
9.0 PUBLIC MEETING AND SUBMISSIONS
9.1 A joint Public Meeting for all of the subject applications was held on May 22, 2007. A
number of area residents expressed concerns with the proposed development and
provided comments as summarized below:
. Proposed lots adjacent to Rebecca Court should be a minimum of 18m wide;
. Proposed homes on lots adjacent to Rebecca Court should be not more than
two storeys and all brick, any structure two storeys or more should be at least
500 metres away from existing properties on Rebecca Court;
. Existing fencing along the property line between proposed lots and existing
properties on Rebecca Court should replaced to prevent shortcuts to Liberty
Street;
. Development will increase traffic volumes on major roads in Bowmanville;
. Development will increase noise levels and crime rates;
. Deleting school sites means that children will have to be bussed outside of
their community to attend schools;
. Development will have an impact on wells in the area;
. Development will effect water pressure in the Rills of Liberty; and
. Balanced growth at non-residential to residential assessment ratio 25:75 is
not being achieved in the municipality, nor is 1 job for every 3 residents being
achieved.
9.2 Those concerns/comments regarding Rebecca Court will be discussed in Report PSD-
037-08. All other concerns are addressed in PSD-037-08 as well as in Section 11.2 of
this report.
10.0 AGENCY COMMENTS
10.1 The subject applications for Draft Plan of Subdivision and rezoning were circulated to
various agencies and departments. Clarington Building and Rogers Cable have offered
no objections to the proposed applications.
10.2 Clarington Emergency Services has reviewed the proposal and requested that roads
greater than 90 metres long are to provide turn around facilities regardless of whether
the dead ends are temporary or permanent.
10.3 Clarington Operations reviewed the applications and provided comments with respect to
the stormwater management plan. The stormwater management pond will require an
upstream interceptor. It must be designed with full perimeter access road to allow for
heavy maintenance equipment. In addition, a contribution of $20,000 for future
maintenance of the pond will be required.
With respect to the school block, all parking, including bus pick-up and drop off, and
vehicular traffic must be accommodated within the school site. Parking will not be
allowed on the street.
REPORT NO.: PSD-036-08
PAGE 8
Parks and schools should be separated to avoid over use of the park. A number of lots
on incomplete streets maybe frozen or temporary turn circles required to accommodate
snow clearing.
10.4 Clarington Engineering has reviewed the subject applications. The following is a
summary of their comments:
. Appropriately sized sight triangles for all road intersections are shown on the
draft plan. A 5.0 metre road widening is shown on Concession Road 3 and a 5.0
metre widening is shown on Middle Road.
. Temporary turning circles are required in a number of locations particularly
around Abe's Auto Wreckers. All temporary dead end streets must provide
sufficient width to accommodate a temporary turning circle.
. Phasing of the subject draft plan will be restricted by the number of external
accesses available. Full development of the draft plan will require all external
accesses to be constructed.
. Development of a specific phase of development cannot proceed until such time
as the Municipality has approved expenditure of funds for the provision of the
infrastructure required for that phase of the development. The required
infrastructure shall include, but not be limited to, the urbanization and
reconstruction of Concession Road 3 and Middle Road including sidewalks and
street illumination, park development, lighting of intersections of proposed
Streets "B" and "C" with Regional Road 57, as well as entrance works or services
which have been included in the Municipality's Development Charges By-law and
have been deemed necessary by the Director of Engineering Services.
. The Engineering Department is requiring that a Preliminary Stormwater
Management Report be completed in order to determine the size and location of
the stormwater management facility within Block 925 The report shall
demonstrate that the lands ultimately required for a stormwater management
pond shall be designed with sufficiently flat side slopes (5:1 or flatter) so that
fencing is not required.
. The Department is also requiring a Preliminary Lot Grading and Drainage Plan
that demonstrates that all lots and blocks can be graded in accordance with
Municipal criteria.
10.5 The Region of Durham provided comments on the proposed subdivision with respect to
provincial plan responsibilities, the proposed method of servicing, and transportation
issues.
The application has been screened in accordance with the terms of the provincial plan
review responsibilities. Four (4) Phase 1 Environmental Site Assessments were submitted
for all the lands in Northglen West. A Record of Site Conditions is required by the Region
REPORT NO.: PSD-036-08
PAGE 9
of Durham. Potential impacts identified include; fill material pile near the former barn, the
presence of a neighbouring automotive scrap yard, Abe's Auto Wreckers, and the historical
and current presence of an orchard. The Soper Creek tributaries traverse the north-eastern
limit of the Northglen West area. This area is identified as having high archeological
potential. An archaeological assessment of the site will be a condition of draft plan
approval.
The Abe's Auto Wreckers facility is currently located at the south portion of the subject
land. The land use compatibility between the auto facility and the surrounding proposed
residential development has been evaluated in accordance to the Ministry of Environment
Land Use Compatibility (0-6) Guideline. The auto facility meets the criteria of a Class II
industrial facility and requires a minimum distance of separation of 70 m from the property
line to the sensitive land use. The Region will require that all residential lots and sensitive
land uses that are proposed within 70 m of the limit of the auto facility lands not be
developed until the operation has ceased and is removed from the neighbourhood plan.
The required site remediation and an RSC would then be required prior to any of the
restricted lots being released for development.
Durham Transit advised that there is transit service currently provided on Scugog Street.
Regional Road No. 57, Concession Road 3 and Middle Road will be designated for
future transit service to serve the Northglen Neighbourhood and the surrounding areas:
They recommended that through approval of the application the following requirements:
. To protect for future transit stops with shelters and hard surface platforms
within the public road allowance on Regional Road No. 57, Concession Road
3 and Middle Road at intersections of collector roads into the development
and at other proposed public walkways providing access to the arterial roads;
. That Street 'A', Street 'B', Street 'C', Street '0' and Street'/' be designated for
future transit service to address operational concerns and to provide
adequate coverage ensuring effective service delivery standards are met; and
. To protect for future transit stops with shelters and hard surface platforms
within the public road allowances at intersections of same internal collectors
designated for transit service.
Regional Works provided the following comments:
. Municipal water supply to the Northglen Neighbourhood area is available from the
existing 600 mm feedermain on Middle Road and from the extension of a 300 mm
watermain on Concession Road 3 from Lunney Crescent to North Scugog Court
and Liberty Street.
. Sanitary servicing to the Northglen West area is available from an existing 375
mm sanitary sewer on West Scugog Street at Concession Road 3 and the
existing 450 mm sanitary sewer on Middle Road at Bons Avenue.
REPORT NO.: PSD-036-08
PAGE 10
. Many revisions to the Traffic Impact Study are required to reflect the Region's
issues with respect to volume projections and future intersection
improvements.
. No access to the Northglen West commercial block will be permitted from
Regional Road No. 57.
. While the proposed intersection locations along Regional Road No. 57 do not
meet intersection spacing standards for a north-south Type 'A' Arterial Road,
they are acceptable in this case as unsignalized 'T' intersections. The
developer will be responsible for any profile corrections on Regional Road No.
57 that are required to meet sight distance standards for the proposed new
intersections.
. The Region will require the developer to construct improvements at the
Regional Road intersections, including signalization and auxiliary lanes at the
Regional Road No. 57/Concession Road 3 intersection, auxiliary lanes at the
Concession Road 3/Liberty Street intersections on Regional Road No. 57.
The required improvements will be finalized following review of the revised
Traffic Impact Study.
. All required Regional road improvements are to be designed and constructed
to Regional standards at 100% cost to the developer.
10.6 Central Lake Ontario Conservation Authority has offered no objection to the applications
and subject to conditions of draft approval. In addition to the standard to conditions, the
Authority has requested detailed plans and reports to demonstrate how the
development will proceed within respect to the recommendations in the Hydrogeologic
Report, prepared by Geo-Logic, and the Environmental Impact Study and Tree
Preservation Plan prepared by Niblett Environmental Associates.
10.7 The Kawartha Pine Ridge District School Board offered no objection provided an
appropriate agreement be made for the future acquisition of the school site, being Block
951. The agreement shall, among other matters, provide for the leveling, rough grading
and seeding of Block 951, the provision of all municipal services to the site, and the
installation of a 1.8 metre high chain link fence on the perimeter of Block 951 where it
abuts proposed or existing residential lands, to the satisfaction of the Kawartha Pine
Ridge District School Board.
10.8 Bell Canada has determined that a telecommunication facility easement will be required
to service the subject lands. As such, the draft plan of subdivision should be revised to
reflect a 10m x 10m easement.
11.0 STAFF COMMENTS
11.1 Baysong Developments Inc., 2084165 Ontario Ltd, and Kirk and Douglas Kemp own the
three properties subject to these applications, equal to approximately 40% of the lands
within the Northglen Neighbourhood. These landowners have submitted one joint
rezoning application and one joint application for Draft Plan of Subdivision.
REPORT NO.: PSD-036-08
PAGE 11
11.2 Public Submissions
In response to the public submissions as they are related to Northglen West, the
following information is provided.
Traffic Issues
Traffic reports in support of this application have been submitted to the Municipality of
Clarington and the Region of Durham Works Department. The reports assess the
impact of this development on local and regional roads in Bowmanville and determine
what improvements are required to support this new neighbourhood, now and over
time. Both agencies are satisfied that the road network and proposed improvements
can adequately accommodate the traffic generated from this development. The
Regional Works Department plans for the expansion of, and improvements to, the
regional road network to need anticipated growth.
Deleting School Sites
One public elementary school symbol and one public secondary school symbol were
deleted from the Northglen Neighbourhood through Amendment No. 59. The Kawartha
Pine Ridge District School Board deemed that only one public elementary school site
was necessary to serve the students in this neighbourhood. Both school boards are
satisfied that the students generated from the development can adequately be
accommodated in existing and future schools. Staff cannot provide comment on the
board's policies regarding bussing of students.
Increase levels of noise and crime
The Northglen Neighbourhood is located within the urban area boundary of
Bowmanville and adjacent residents who enjoy a rural type lifestyle will experience
changes as development proceeds in this neighbourhood. Staff cannot provide
comment with respect to increased crime.
Balanced Growth
The Official Plan sets targets for balanced growth at non-residential to residential
assessment ratio of 25:75 to be achieved by 2016 and 1 job for 3 residents to also to be
achieved by 2016. Certainly with growth in retail sectors of our community and new
initiatives such as the Energy Business Park, the municipality is attempting to provide
opportunities to achieve an increase in non-residential assessment and jobs for
residents.
11.3 Phasina of Development
11.3.1 Development of the Northglen Neighbourhood does not align with the Municipality's
infrastructure financing and timing assumptions as contained in the Development
Charges Background Study 2005. This study anticipated development of portions of the
neighbourhood not to occur until 2015 or beyond. Works that are required for this
development to proceed include the following:
i) Reconstruction of Concession Road 3;
REPORT NO.: PSD-036-08
PAGE 12
ii) Reconstruction of Middle Road from Concession Road 3 to the north limit of
the urban area boundary;
iii) Installation of street lighting and sidewalks on Concession Road 3;
iv) Installation of street lighting and sidewalks on Middle Road;
v) storm sewer and full urbanization of Scugog Street south of Concession
Road 3;
vi) Neighbourhood park and parkette development; and
vii) Illumination of Regional Road 57 along the entire frontage of the Plan of
Subdivision fronting onto Regional Road 57.
The Municipality of Clarington undertook a Financial Impact Study for this development
along with four others in Bowmanville and Newcastle Village. A report on that study
was presented to Committee and Council in February 2008. In consideration of the
recommendations proposed through the Financial Impact Study. The Northglen
Landowners Group presented a proposal to contribute to the construction of some
infrastructure works to address the impact of allowing the plan of subdivision to proceed
at this time. Staff have met with the Landowners Group to determine which works are
required and the timing of those works, based on a phasing plan to be approved by the
Directors of Engineering Services, Planning Services and Finance. As a condition of
draft approval, staff are requiring that the park (Block 952) be included within the limits
of the registration of Phase 1 and be constructed 100% at the expense of the Owners.
The Owners shall also be 100% responsible for the preparation of a detailed park
concept plan, park construction drawings and specifications all to be approved by the
Director of Engineering Services. The park shall be commenced upon issuance of the
15151 building permit in Phase 1.
11.3.2 The developers will be 100% responsible for the cost to construct in conjunction with
Phase 1 the following interim works as directed by and to the satisfaction of the Director
of Engineering Services:
i) asphalt overlay on Concession Road 3, including where required, left turn
lanes from Regional Road No. 57 to Middle Road;
ii) intersection illumination at Street A; and
iii) provision for pedestrian access on Concession Road 3.
In addition any costs associated with left turn lanes on Concession Road 3 if required
through an approved traffic control study which analyzes the need to left turn lanes at
each intersection on Concession Road 3.
The phasing of this draft plan will be restricted by the number of external accesses that
are available and the external and internal capital works which have been approved by
Municipal Council.
The owner is responsible for 100% of the cost of any oversizing of Municipal
infrastructure deemed necessary to service the development to the satisfaction and at
the request of the Director of Engineering Services.
REPORT NO.: PSD-036-08
PAGE 13
The Owner shall construct the neighbourhood park (Block 952) in its entirety as detailed
in a park concept plan, park construction drawings and specifications all to be approved
by the Director of Engineering Services. The park shall be commenced upon issuance
of the 1515t building permit in Phase 1.
Development of the parkette (Block 953) shall be developed in accordance with the
Municipality's current practices as defined through the Development Charges By-law as
amended from time to time.
11.4 Abe's Auto Wreckers
The Abe's Auto Wreckers facility is currently located north of Concession Road 3 and west
of Middle Road and is surrounded on three sides by the proposed plan of subdivision. The
land use compatibility between the auto facility and the surrounding proposed residential
development has been evaluated in accordance to the Ministry of Environment Land Use
Compatibility Guideline. The auto dismantling facility requires a minimum distance
separation of 70 m from the property line to any sensitive land use. Therefore all
proposed residential lots and sensitive land uses, within 70 m of the limit of the auto
dismantling facility lands shall not be developed until the operation has ceased and is
removed from the neighbourhood. The required site remediation and an RSC would then
be required prior to any of the restricted lots being released for development. These lands
have been zoned with Holding symbol only to be removed at such time as the auto
dismantling use has ceased, a RSC is filed with Ministry of Environment and an
appropriate site grading plan is approved by the Director of Engineering that shows the
transition of grades between the draft approved lands undeveloped auto wrecker lands.
11.5 Red-line Revisions
The draft plan shall be red-line revised to change the lot frontage on 7 lots situated on
Street "P" from 10.0 metres to 12.0 metres to accommodate appropriate driveway widths
of 4.6 metres.
11.6 Mixed Use Commercial Block
Baysong Developments Inc. is proposing a mixed use commercial block in the
southwest corner of the subject lands. The lands are designated as a Neighbourhood
Centre which permits a maximum retail floorspace of 5000 square metres and Medium
and High Density residential uses are also designated. The applicant has provided a
conceptual plan which includes medium and high density uses and retail floorspace, a
stormwater management pond and a parkette. The amount of retail floorspace and the
proposed number of residential units are not identified on the conceptual plan. Zoning
for this block will not be amended at this time, rather the appropriate zoning for this
block will be considered at such time an application for site plan approval has been
submitted.
REPORT NO.: PSD-036-08
PAGE 14
11.7 Stormwater Manaaement Pond
Provision is being made for a stormwater pond that can be more of an amenity feature
although it does not have a natural shape. To this end, staff have had concerns that
there is a sufficient area to provide for appropriate slopes, in the absence of a grading
plan and finalized design. As a result, Block 898 to 901 will be "frozen" cannot develop
until the detailed engineering is completed and the site plan is developed and approved
for the "mixed use" commercial block.
11.8 Tax Status
The Finance Department advises that the taxes for the subject properties have been
paid in full.
12.0 RECOMMENDATIONS
12.1 The applications have been reviewed in consideration of the comments received from
area residents, the circulated agencies, the Region and Clarington Official Plan and
Zoning By-law. The Owner has reviewed the Conditions of Draft Approval as contained
in Attachment NO.3. In consideration of the comments contained in this report, Staff
respectfully recommend the proposed draft plan of subdivision as red-line revised and
contained in Attachment 2 be APPROVED subject to the Conditions of Draft Approval
as contained in Attachment 3 and that the rezoning as contained in Attachment 4 be
APPROVED.
Attachment:
Attachment 1 - Key Map
Attachment 2 - Proposed Draft Plan of Subdivision
Attachment 3 - Conditions of Draft Approval
Attachment 4 - Zoning By-law Amendment
Attachment 5 - By-law Authorizing Subdivision Agreement
REPORT NO.: PSD-036-08
PAGE 15
List of interested parties to be advised of Council's decision:
Dave and Janet Passant
Rick and Donna McCreary
Mike and Caroline Dodds
Peter and Heather Abramczuk
Gord and Rosemary Baker
Grant Martin
George and Cheryl Strilchuk
Dominick and Angela Forsellino
Kurt and Sylvia Graichen
Ardyth Korte
Sernas Associates
Reverend Gordon Belyea
Florence Cinquemani
Mike Dome
Cindy Craig Murdoch
Hielka Holkema
Glenn Genge
Wendy Busuttil
Hannu Halminen
Baysong Developments Inc
Kirk & Douglas Kemp
Bob and Patsy Carruthers
Kevin Tunney
Rick James
Ron & Ann Reitsma
Tammie McGann
Attachment 1
To Report PSD-036-08
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To Report PSD-036-08
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Attachment 3
TO_R_e~~rt PSD-036-08
CONDITIONS OF DRAFT APPROVAL
S-C-2007-0004 (Northglen West)
March 25, 2008
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision S-C-2007-0004 prepared by Tunney Planning Inc. identified as Project Number
TUN 549-1, original submission dated February, 2006, and as revised in February 2008,
and further red lined, which illustrates 1300 residential units consisting of 855 single
detached dwellings, 52 semi detached units, 203 street townhouse units, 86 block
townhouse units, a mixed use block containing 104 residential units, commercial
floorspace, stormwater management pond, and blocks for a public elementary school, a
park and a parkette, road widenings, 0.3 metre reserves, landscape strips, and open
space. The red-line revisions shall include:
i) melding Blocks 905 to 908 inclusive with Block 925.
ii) lots 201 to 206 be revised from 10.0 metre frontages to 12.0 metre frontages.
FINAL PLAN REQUIREMENTS
2. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
3. The Owner shall name road allowances included in this draft plan to the satisfaction of the
Regional Municipality of Durham and the Municipality of Clarington.
4. The Owner shall convey a 5.00 metre road widening (Blocks 982 and 988), across the
entire frontage of the draft plan to the Municipality of Clarington for the purpose of
widening Concession Road 3.
5. The Owner shall convey a 3.00 metre road widening (Blocks 983, 984 & 985), across the
entire frontage of the draft plan to the Municipality of Clarington for the purpose of widening
Middle Road.
6. The Owner shall convey a 14.0 metre x 14.0 metre sight triangle at the corners of
Concession Road 3 and Middle Road to the Municipality of Clarington.
7. The Owner shall convey 14.0 metre X 7.0 metre sight triangles at all intersections where
arterial roads (Concession Road 3 and Middle Road) intersect with local and collector
roads.
8. The Owner shall convey Block 987 to the Region of Durham for purposes of road widening
on Regional Road 57.
9. The Owner shall convey a 15.0 metre x 15.0 metre sight triangle at the corners of
Concession Road 3 and Regional Road 57 to the Region of Durham.
10. The Owner shall convey a 15.0 metre x 10.0 metre sight triangle at the corners of Regional
Road 57 and Street "B" and Regional Road 57 and Street "C" to the Region of Durham.
11. The Owner shall convey a 4.0 metre landscape strip (Blocks 958 and 959) across the
frontage of the Concession Road 3, and a 3.2 metre landscape strip (Blocks, 955, 956 and
957) across the frontage of Regional Road 57, to the Municipality of Clarington for the
purposes of landscaped treatments.
12. The Owner shall terminate any dead ends and/or open sides of road allowances created
by this draft plan in 0.3 metre reserve(s) to be conveyed to the Municipality of Clarington.
13. The Owner shall convey the 0.3 metre reserve shown as Blocks 960 to 968 and 973 to
981, inclusive, on the draft plan to the Municipality of Clarington.
14. The Owner shall dedicate Block 954 on the draft plan to the Municipality of Clarington for
Open Space in accordance with the Municipality of Clarington Official Plan.
15. 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.
16. That all land dedications, easements, sight triangles and reserves as required by the
Region of Durham 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.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
17. The subdivision shall be developed in phases by more than one registration. The Owner
shall submit plans showing the proposed phasing to the Directors of Engineering
Services, Planning Services and Finance for approval. Block 952, Park Block, shall be
included within the limits of the registration of Phase 1. Furthermore, the Owner agrees to
incorporate Block 951, Public Elementary School Block, including adequate frontage for
appropriate access, should the Kawartha Pine Ridge District School Board, deem that the
block is necessary prior to registration of the phase in which these lands are situated. A
copy of the approved Phasing Plan shall be provided to the Region of Durham Works
Department
18. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area
municipal approval of the zoning for the land uses shown on the approved draft plan in
accordance with the provisions of the Planning Act.
19. That the Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Engineering Services and the Director of Planning
Services for review and approval. The Landscaping Plan shall reflect the design criteria of
the Municipality as amended from time to time.
20. The owner shall implement a rear yard planting program for all lots in accordance with the
guidelines to be established or terms approved by the Municipality.
21. The Owner shall submit a detailed Tree Preservation Plan to the satisfaction of the
Municipality of Clarington. No trees shall be removed until such time as this program has
been approved except as authorized by the Municipality.
22. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall
be satisfied that adequate water pollution control plant and water supply plant capacities
are available to the proposed subdivision.
23. Prior to the development of any phase which accesses Concession Road 3, the Owner
shall complete a Traffic Control Study, which analyzes the need for left turn lanes at each
intersection on Concession Road 3 and recommend how left turn lanes would be
constructed. Any works deemed necessary by the Director of Engineering Services shall
be undertaken at 100% cost to the Owner.
24. The Owner shall prepare an Internal Traffic Impact Study to assess the traffic movements
with the Plan of Subdivision and identify areas where traffic calming may be required. The
study shall recommend the appropriate measures to be used, such as textured asphalt,
bump outs or landscaping measures. This study shall be prepared to the satisfaction of the
Director of Engineering Services and Director of Planning Services.
25. The Owner shall prepare an Environmental Sustainability Plan for approval by the Director
of Planning Services and the Director of Engineering Services. The Plan shall be
consistent with the recommendations of the Environmental Sustainability Plan prepared by
the Owner for Plan of Subdivision S-C-2007-0005. This plan must be approved by the
Municipality of Clarington, and shall identify specific measures on how development in
Plan S-C-2007-0004, will ensure the protection, conservation and enhancement of air,
water, and ecological features and functions, energy and other resources and heritage
resources. As a minimum, the report shall address;
i) Energy conservation measures for new homes, such as the construction and
operation of new residential building to a minimum rating of 80 or more in
accordance with Natural Resources Canada "EnerGuide for New Houses" or
equivalent certification system;
ii). Water conservation measures for new homes such as the Water Sense program or
equivalent program;
iii) Use of environmentally friendly materials or finishes in the dwellings; and
iv) The preparation of a community education hand-book on the environmentally
sensitive areas in the neighbourhood.
26. The Owner shall prepare a Community Theme and Urban Design Implementation Plan, to
the satisfaction of the Director of Planning Services and Director of Engineering Services.
This Plan shall confirm and control intended pattern of development in the Northglen
Neighbourhood. This plan shall be consistent with the approved plan prepared by the
Owner of the Plan of Subdivision S-C-2007-0005. The Plan shall include the proposed
network of roads, transit, pedestrian and bicycle routes, the location of specific features,
sites and residential lots within the neighbourhood such as corner lots, and T-intersections
that require specific lot and building placement, orientation and architectural features,
design concepts for community theming include gateway treatments, landscape
treatments, lighting fixtures, fencing details and related design issues for the overall
design, location and configuration of trails and open space buffers.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
27. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to
abide by all terms and conditions of the Municipality's standard subdivision agreement.
28. The Owner agrees to prepare a phasing plan that will be subject to the approval of the
Director of Engineering Services and Director of Planning Services..
29. The phasing of this draft plan will be restricted by the number of external accesses that are
available and the external capital works which have been approved by Municipal Council.
Full development of the draft plan will require all external accesses to be constructed. The
specific lots available for building permits in any single phase of the development will be at
the discretion of the Director of Engineering Services.
30. The Owner agrees to construct in conjunction with Phase 1 the following interim works at
100% Owners cost as directed by and to the satisfaction of the Director of Engineering
Services;
i) interim road improvements on Concession Road 3, including but not limited
to, left turn lanes where required and asphalt overlay from Regional Road 57
to Middle Road;
ii) intersection illumination at Street "A", and Concession Road 3;
iii) provision for pedestrian access on Concession Road 3;
iv) intersection illumination at Regional Road 57 and Concession Road 3; and
v) intersection illumination at Regional Road 57 and Street "B".
31. The Owner acknowledges that much of the draft plan of subdivision is premature.
Development cannot proceed until such time as the Municipality has approved the
expenditure of funds for the provision of the certain works for this draft plan or external
works or services in its capital budget and which have been included in the Municipality's
Development Charges By-law and deemed necessary by the Director of Engineering
Services and Director of Finance, to service this development. These include but are not
limited to:
i) Reconstruction of Concession Road 3 from Regional Road 57 to Middle Road
to a full urban section, including curb, gutter, storm sewer, granular base and
asphalt base and service course;
ii) Reconstruction of Middle Road from Concession Road 3 to the urban area
boundary to a full urban section, including curb, gutter, storm sewer, granular
base and asphalt base and service course;
iii) Installation of street lighting and sidewalks on Concession Road 3;
iv) Installation of street lighting and sidewalks on Middle Road;
v) Storm sewer on Scugog Street south of Concession Road 3 to Bons Avenue
and urbanization of Scugog Street south, to the north limit of the existing
urbanization, to a full urban section, including curb, gutter, storm sewer,
granular base and asphalt base and service course;
vi) park development; and
vii) illumination of Regional Road 57 along the entire frontage of the Plan of
Subdivision fronting onto Regional Road 57.
32. Should the Owner wish to proceed in advance of the approval by the Council of the
Municipality of Clarington, for the expenditures for the any works required by the Director
of Engineering Services to facilitate development, the Owner shall pay 100% of the cost of
all required works, to the satisfaction of the Director of Engineering Services and Director
of Finance.
33. The Owner is responsible for 100% of the cost of any oversizing of municipal infrastructure
deemed necessary to service the development to the satisfaction and at the request of the
Director of Engineering Services. Oversizing includes but is not limited to:
. Left turn lanes on Concession Road 3;
. Storm sewer oversizing on Concession Road 3 and Middle Road; and
. Increased depth of storm sewer invert on Concession Road 3 and Middle
Road.
The Owner will be required to provide securities in the amount of 100% of the cost of
oversizing based on the construction cost estimate. The securities must be submitted in a
form satisfactory to the Director of Finance and Director of Engineering Services prior to
registration of the first phase.
The difference, if applicable, between the cost estimate and the as-built cost of the
oversizing will be 100% the responsibility of the Owner.
34. The Owner is 100% responsible to construct the park (Block 952) in its entirety. The
owner shall retain a qualified Landscape Architect to undertake the preparation of a
detailed park concept plan, followed by the preparation of park construction drawings and
specifications all to be approved by the Director of Engineering Services. The park
construction drawings shall clearly indicate all park grading, equipment and facilities. Park
facilities to be included in Block 952 shall include, but not be limited to;
. traditional playground with equipment suitable for junior and senior age children
. hard surface play court (i.e. basketball, ball hockey)
. shade structure
. park furniture such as benches, picnic tables, waste containers, bike racks as
appropriate
. paved walkways connecting various park features to surrounding streets
. walkway lighting
. tree and shrub planting as appropriate
. park sign
. park entirely sodded
35. For the purpose of Block 953 parkland development, the local service as defined in the
Development Charges By-law as amended from time to time, includes the requirement for
the Owner to undertake the preparation of a detailed park concept plan including proposed
grading to demonstrate that the proposed park size, configuration and topography will
allow for the construction of park facilities to the satisfaction of the Municipality. In addition
the Owner is required to provide the park site graded in accordance with the park concept
plan including storm water servicing. The park site must be fenced and seeded with a
minimum cover of 200mm of topsoil.
36. The owner agrees to commence construction of the park Block 952 at the issuance of
151st building permit. The Owner agrees to complete the park construction in accordance
with the approved construction drawings and specifications prior to the issuance of the
200th building permit.
37. The Owner agrees that the development of Blocks 925, save and except the installation of
the Stormwater Management Pond, cannot proceed until such time as the developer has
entered into a Site Plan Agreement with the Municipality of Clarington for the development
of this Block. In addition, until such time as Site Plan Approval for Block 925 has been
issued by the Director of Planning Services and Director of Engineering Services,
development of Blocks 898, 899, 900, 901, 905, 906, 907& 908 cannot proceed.
38. The Owner agrees that development of Block 923 cannot proceed until such time as the
lands to the south identified as assessment role number 18-19-010-80-05500 have melded
with Block 923 and the applicant has entered into a Site Plan Agreement with the
Municipality of Clarington.
39. Lot 589 shall not be available for Building Permits until such time as Block 954, Open
Space Block, has connection to adjacent lands in municipal ownership and access for
maintenance can be obtained from a public road.
40. All lots which do not have frontage on a completed section of roadway will be placed on
hold with no building permits issued until such time as these roads have been constructed.
Alternatively, a temporary turning circle can be provided with suitable easements for snow
storage. Lots situated at the end of these roads will remain frozen until such time as the
roads are extended and constructed to a finished urban profile including Regional services,
asphalt paving, curbs and gutter, sodded boulevard and sidewalk. Release of building
permits for designated 'frozen lots" will be determined by the Director of Engineering
Services.
41. The Owner shall be 100% responsible for the costs of installing the following fencing:
i) privacy fencing a minimum of 1.8 metre high at the rear of Lots 574 to 579
inclusive and 584 to 587 inclusive;
ii) 1.8 metre high chain-link fence on all lots abutting the park Blocks (Blocks
952 and 953);
iii) 1.5 metre high chain-link fence at the rear of Blocks 898 to 901 inclusive and
Lots 588-590 inclusive. Fencing at the rear of Lot 589 shall be installed after
the condition 39 has been satisfied.
42 . Prior to registration of any portion of the subject draft plan the owner must demonstrate
how perpetual maintenance of any blocks identified as "Part Lots or Slocks" will be
undertaken. All part lots will be pre-serviced with water, sanitary and storm sewers.
43. The Owner agrees that Street "S" cannot be constructed beyond Streets "I" and "H" until
such time as the lands on the north side of Street "S" identified as assessment roll number
18-19-010-080-05500, are purchased and the appropriate site triangle is dedicated to the
Municipality of Clarington.
44. The Owner shall be 100% responsible for the costs of landscaping the Landscape Strip
(Slocks 958, 959, 955, 956 and 957) in keeping with the approved Landscape Plan.
45. The Owners shall be 100% responsible for the cost of preparing 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.
46. The Owner agrees that no residential units shall be offered for sale to the public on said
plan until such time as the architectural control guidelines and the exterior architectural
design of each building has been approved by the Control Architect and the Director of
Planning Services.
47. The Owner shall grant such easements as may be required for utilities, drainage and
servicing purposes to the appropriate authorities.
48. That the Owner shall retain a Professional Engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Engineering Services for review and
approval. All plans and drawings must conform to the Municipality's Design Criteria as
amended from time to time.
49. All works shall be constructed in accordance with the Municipality of Clarington standards.
50. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be
buried underground.
51. 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 Suilding 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.
52. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist
Report to the Director of Engineering Services to demonstrate that the proposed
development will not adversely impact the existing wells in the surrounding areas.
53. 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 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.
54. Prior to final approval, the Regional Municipality of Durham shall be satisfied that any wells
on the property have been decommissioned in accordance with applicable Ministry of
Environment standards.
55. That the Owner shall provide the Municipality, 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.
56. That the Owner shall pay to the Municipality, the development charge in accordance to the
Development Charge By-law as amended from time to time, as well as payment of a
portion of front end charges pursuant to the Development Charges Act if any are required
to be paid by the Owner.
57. The Owner agrees that all lots and sensitive land uses within 70 metres of the limits of
Abe's Auto Wreckers identified as assessment roll number 18-19-010-080-05900 can not
be developed until such time the auto wrecker use has ceased and all automobiles and
parts are removed from the property. The lands within 70 metres will be zoned with a
Holding (H) symbol. This symbol may only be removed under the following conditions:
i) a satisfactory Record of Site Condition (RSC) is submitted to the Regional
Municipality of Durham, the Municipality of Clarington and the Ministry of
Environment (MOE) for approval. This RSC must be to the satisfaction of the
Region, including an Acknowledgement of Receipt of the RSC by the MOE.
ii) a Lot Grading Plan and Drainage Plan has been submitted and approved by the
Director of Engineering Services; and
iii) application for rezoning is submitted and approved by the Municipality of
Clarington, in keeping with policies of the Clarington Official Plan and Zoning
By-law.
58. Prior to final approval, the proponent shall engage a qualified professional to carry out to
the satisfaction of the Ministry of Culture, an archaeological assessment of the entire
property, and mitigate through preservation or resource removal and documentation,
adverse impacts to any significant archaeological resources found. No demolition, grading
or other soil disturbances shall take place on the subject property prior to the Ministry of
Culture confirming that all archaeological resource concerns have been met including
licensing and resource conservation requirements.
59. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall
submit to, and obtain approval from the Municipality of Clarington, and the Central Lake
Ontario Conservation Authority for reports describing the following:
i) the intended means of conveying stormwater flow from the site, including use of
stormwater techniques which are appropriate and in accordance with the
provincial guidelines. [The stormwater management facilities must be designed
and implemented in accordance with the recommendations of the Master Plan];
ii) the anticipated impact of the development on water quality, as it relates to fish
and wildlife habitat once adequate protective measures have been taken;
iii) 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
iv) on-site groundwater conditions and contributions to the baseflow of Creek, and
necessary measures to maintain these contributions.
60. Prior to anyon-site grading and/or construction, the Owner shall submit for review and
approval, detailed plans and any associated reports, of the proposed frog pond/wetland to
be constructed within Block 301 of the Plan of Subdivision S-C- 2007-0005. This feature
shall be constructed prior to the elimination of the existing pondlwetland feature located
within the subject plan of subdivision in compliance with the Environmental Impact Study
report by NEA dated April 2007.
61. The Owner shall submit for review and approval phased grading plans as well as proposed
cut and fill drawings/plans for the subject site.
62. The Owner shall submit appropriate detailed drawings and reports which indicate how
development of the site meets the conclusions and recommendations outlined in Section 6.0
of the Hydrogeologic Investigation Report, as prepared by Geo-Logic, dated May 2005.
63. The Owner shall submit appropriate detailed drawings and reports which identify and indicate
how development of the site meets the recommendations of the Environmental Impact Study,
prepared by Niblett Environmental Associates, dated April 2007 as well as the Tree
Preservation Plan, prepared by Niblett Environmental Associates, dated April 2007.
64. The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation
Authority. This shall include application processing fees and technical review fees as per the
Approved Authority Fee Schedule.
65. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain, among other matters, the following provisions:
i) the Owner agrees to carry out the works to the satisfaction of the Central Lake
Ontario Conservation Authority.
ii) the Owner agrees to maintain all stormwater management and erosion and
sedimentation control structures operating and in good repair during the
construction period, in a manner acceptable to the Central Lake Ontario
Conservation Authority.
iii) the Owner agrees to advise the Central Lake Ontario Conservation Authority, 48
hours prior to the commencement of grading or the initiation of anyon-site works.
66. The Owner agrees to furnish to the Central Lake Ontario Conservation Authority, a copy of
the fully executed subdivision agreement with the Municipality
67. 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, as shown as
Block 951 on the draft plan, to the satisfaction of the School Board. The agreement shall,
among other matters, provide for the leveling, rough grading and seeding of Block 951, the
provision of all municipal services to the site, and the installation of a 1.8 metre high chain
link fence on the perimeter of Block 951 where it abuts proposed or existing residential
lands, to the satisfaction of the Kawartha Pine Ridge District School Board.
68. The Owner shall submit to the Municipality of Clarington and Regional Municipality of
Durham, for review and approval, an updated noise report, based on the preliminary Noise
Impact Study, prepared by Sernas Associates, Project no. 88239G. The study shall be
based on projected traffic volumes provided by the Durham Region Planning Department
and recommending noise attenuation measures for the draft plan in accordance with the
Ministry of the Environment guidelines. The Owner shall agree in the Municipality of
Clarington subdivision agreement to implement the recommended noise control measures.
The agreement shall contain a full and complete reference to the noise report (i.e. author,
title, date and any revisions/addenda thereto) and shall include any required warning
clauses identified in the acoustic report. The Owner shall provide the Region with a copy of
the subdivision agreement containing such provisions prior to final approval of the plan.
69. The Owner is to co-ordinate the preparation of an overall utility distribution plan to the
satisfaction of all affected authorities.
70. The Owner shall grade all streets to final elevation prior to the installation of the gas lines
and provide the necessary field survey information required for the installation of the gas
lines, all to the satisfaction of Enbridge Gas Distribution.
71. All of the natural gas distribution system will be installed within the proposed road
allowances therefore easements will not be required.
72. The Owner is hereby advised that prior to commencing any work within the Plan, the
Owner must confirm that sufficient wire-line communication/telecommunication
infrastructure is currently available within the proposed development to provide
communication/telecommunication service to the proposed development. In the event that
such infrastructure is not available, the Owner is hereby advised that the Owner may be
required to pay for connection to and/or extension of the existing
communication/telecommunication infrastructure. If the Owner elects not to pay for such
connection to and/or extension of the existing communication/telecommunication
infrastructure, the Owner shall be required to demonstrate to the municipality that sufficient
alternative communicationltelecommunication facilities are available within the proposed
development to enable, at a minimum, the effective delivery of the
communication/telecommunication services for emergency management services (i.e., 911
Emergency Services).
73. The Owner shall agree in words satisfactory to Bell Canada to grant Bell Canada any
easements that may be required for telecommunications services. Easements may be
required subject to final servicing decisions. In the event of any conflict with existing Bell
facilities or easement the owner/developer shall be responsible for the relocation of such
facilities or easements
74. The Owner shall provide for the extension of such sanitary sewer and water supply
facilities which are external to, as well as within, the limits of this plan that are required to
service this plan. In addition, the Owner shall provide for the extension of sanitary sewer
and water supply facilities within the limits of the plan which are required to service other
developments external to this subdivision. Such sanitary sewer and water supply facilities
are to be designed and constructed according to the standards and requirements of the
Regional Municipality of Durham. All arrangements, financial and otherwise, for said
extensions are to be made to the satisfaction of the Regional Municipality of Durham, and
are to be completed prior to final approval of this plan.
75. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of
Clarington. This shall include, among other matters, the execution of a subdivision
agreement between the Owner and the Municipality of Clarington concerning the provision
and installation of roads, services, drainage and other local services.
76. The Owner shall provide a $20,000 contribution for the future maintenance of the storm
water management pond to be constructed in Block 925.
77. The Owner shall satisfy all requirements, financial and otherwise, of the Regional
Municipality of Durham. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the provision and
installation of sanitary sewers, water supply, roads and other regional services.
78. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain, among other matters, the following provisions:
i) The Owner agrees to include provisions whereby all offers of purchase and sale
shall include information that satisfies Subsection 59(4) of the Development
Charges Act.
ii) The Owner agrees that no filling, grading or alteration to the water course shall
occur on the property without the prior written approval of the Conservation
Authority.
iii) The Owner agrees to place the following in all agreements of purchase and sale
between the Developer and all prospective home buyers:
iv) Students from this area may have to attend existing schools. Although a school
site has been reserved within this plan of subdivision; a school may not be built
for some time, if at all, and then only if the Ministry of Education authorizes
funding and construction of this required schoo!."
v) Owner agrees to implement those noise control measures recommended in the
Noise Report.
79. Prior to final approval of this plan for registration, the Director of Planning Services for the
Municipality of Clarington shall be advised in writing by:
i) Regional Municipality of Durham, how Conditions 3, 8, 9, 10, 17, 22, 54, 57,
68,74 and 77 have been satisfied;
i1) Central Lake Ontario Conservation, how Conditions 59, 60, 61, 62, 63, 64, 65
and 66 have been satisfied;
iii) Kawatha Pine Ridge District School Board how Condition 67 has been
satisfied;
iv) Enbridge Gas Distribution Inc., how Conditions 70, and 71 have been satisfied;
v) Bell Canada, how Conditions 72 and 73 have been satisfied; and
vi) Ministry of Culture, how Condition 58 has been satisfied.
NOTES TO DRAFT APPROVAL
80. If final approval is not given to this plan within three years of the draft approval date, and
no extensions have been granted, draft approval shall lapse and the file shall be
CLOSED. Extensions may be granted provided valid reason is given and is submitted to
the Director of Planning Services for the Municipality of Clarington well in advance of the
lapsing date.
81 The Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of
draft approval in an expeditious manner. The conditions of draft approval will be reviewed
periodically and may be amended at any time prior to final approval. The Planning Act
provides that draft approval, may be withdrawn at any time prior to final approval.
82. All plans of subdivision must be registered in the Land Titles system within the Regional
Municipality of Durham.
82. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies in order to
facilitate their clearance of conditions for final approval of this plan. The addresses and
telephone numbers of these agencies are:
i) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario, UH 3T3 (905) 579-0411.
ii) Kawatha Pine Ridge District School Board, Peterborough Ontario K9J 7M3
iii) Regional Municipality of Durham, 605 Rossland Road East, 4th Floor Whitby
Ontario UN 6A3
iv) Enbridge Gas Distribution Inc. 500 Consumers Road, North York, Ontario, M2J
1P8
v) Bell Canada, Development and Municipal Services Control Centre, Floor 5,
100 Borough Drive, Scarborough Ontario M 1 P 4W2
vi) The Ministry of Culture, Culture Programs Unit, 400 University Avenue, 4th Floor
Toronto, Ontario M7A 2R9.
Attachment 4
To~e~~~ PSD-036-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
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 2007-0015;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1.
Schedule 12.2 "SPECIAL EXCEPTIONS-URBAN RESIDENTIAL TYPE (R1)
ZONE" is hereby amended by adding new Special Exceptions as follows:
1'"'
"SECTION 12.4.70 URBAN RESIDENTIAL EXCEPTION (R1-70) ZONE
-.
Notwithstanding Sections 12.1 a); 12.2 a); b); c); d) i, ii), iii); f) and i) ii) those
lands zoned R1-70 on the Schedules to this By-law shall only be used for single
detached dwellings, subject to the following regulations:
a)
Lot Area (minimum)
i) Interior
450 square metres
b)
Frontage (minimum)
i) Interior
ii) Exterior
15.0 metres
18.3 metres
c)
Yard Requirements (minimum)
i) Front Yard
6.0 metres to private
garage or carport;
4.0 metres to front wall;
2.0 metres to porch
ii)
Exterior Side Yard
6.0 metres to private
garage or carport;
4.0 metres to front wall;
2.0 metres to porch
iii)
Interior Side Yard
1.2 metres with private
garage or carport;
Without private garage
or carport 1.2 metres on one
side, 3.0 metres on the other
d)
Lot Coverage (maximum)
i) Dwelling
i1) Total of all buildings and structures
40 percent
45 percent
e) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall
SECTION 12.4.72 URBAN RESIDENTIAL EXCEPTION (R1-72) ZONE
Notwithstanding Section 12.1 a); 12.2 a); b); c); d) I, ii), iii); f) and i) those lands
zoned R1-72 on the Schedules to this By-law shall only be used for a semi-
detached dwelling, subject to the following regulations:
a) For the purposes of this Section, the term
"Dwelling, Semi-Detached"
means a building separated vertically into two separate dwelling units,
connected by a common wall, each of which has an Independent entrance
directly from the outside of the building and each of which is located on a
separate lot.
b)
Lot Area (minimum)
i) Interior
540 square metres
c)
Lot Frontage (minimum)
i) Interior
ii) Exterior
18.0 metres
21.3 metres
d)
Yard Requirements (minimum)
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 with private
garage or carport;
Without private garage
or carport 3.0 metres
e)
Lot Coverage (maximum)
i) Dwelling
ii) Total of Buildings and Structures
40 percent
45 percent
"
f) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall or covered porch
projection."
2. Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE (R2)
ZONE" is hereby amended by adding thereto new Special Exceptions as follows:
"SECTION 13.4.53 URBAN RESIDENTIAL EXCEPTION (R2-53) ZONE
Notwithstanding Sections 13.2 a); b); c) i), ii), iii), e) and h) those lands zoned
R2-53 on the Schedules to this By-law shall be subject to the following
regulations:
a)
Lot Area (minimum)
300 sq uare metres
b)
Lot Frontage (minimum)
i) Interior Lot
ii) Exterior Lot
1 0 metres
13.3 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
Wtth private garage or
carport 1.2 m on one side;
0.6 metres on the other side;
Without private garage or 3.0
metres on one side 0.6 metres
on the other side
d)
Lot Coverage (maximum)
i) Dwelling
ii) Total of all Buildings and Structures
40 percent
45 percent
e) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall or covered porch
projection.
ii) The outside width of the garage shall be a maximum of 40% of the
width of the house.
f) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-53 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as
18-17-01 0-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-53.
SECTION 13.4.54 URBAN RESIDENTIAL EXCEPTION (R2-54) ZONE
Notwithstanding Sections 13.2 a); b); c) i), ii), iii), e) and h) and those lands
zoned R2-54 on Schedules to this By-law shall be subject to the following
regulations:
a)
b)
Lot Area (minimum)
330 square metres
Lot Frontage (minimum)
i) Interior Lot
ii) Exterior Lot
11 metres
14 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
With private garage or
carport 1.2 m on one side;
0.6 metres on the other side;
Without private garage or 3.0
metres on one side 0.6 metres
on the other side
d)
Lot Coverage (maximum)
i) Dwelling
ii) Total of all Building and Structures
40 percent
45 percent
e) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front walls or exterior side wall or covered porch
projection.
ii) The outside width of the garage shall be a maximum of 40% of the
width of the house.
f) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the iands zone (H)R2-54 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as
18-17-01 0-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-54.
SECTION 13.4.55 URBAN RESIDENTIAL EXCEPTION (R2-55) ZONE
Notwithstanding 13.2 a); c) i), ii), iii), e) and h) those lands zoned R2-55 on the
Schedules to this By-law shall be used subject to the following regulations:
a)
b)
Lot Area (minimum)
360 square metres
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
With private garage or
carport 1.2 m on one side,
0.6 metres on the other side;
Without private garage or 3.0
metres on one side 0.6 metres
on the other side
c)
Lot Coverage (maximum)
i) Dwelling
ii) Total of all Building or Structures
40 percent
45 percent
d) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall.
e) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-55 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as 18-
17-010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-5
SECTION 13.4.56 URBAN RESIDENTIAL EXCEPTION (R2-56) ZONE
Notwithstanding Sections 13.2 a); b); c) i), ii), iii), e) and h) those lands zoned
R2-56 on the Schedules to this By-law shall be subject to the following
regulations:
a)
b)
Lot Area (minimum)
450 square metres
Lot Frontage (minimum)
i) I nterior Lot
ii) Exterior
13.5 metres
16.5 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
With private garage or
carport 1.2 m on one side,
0.6 metres on the other side;
W~hout private garage or 3.0 metres on
one side 0.6 metres on the other side
d)
Lot Coverage (maximum)
i) Dwelling
40 percent
ii)
Total of all Buildings and Structures
45 percent
e) Garage Requirements
i} All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall.
f) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-56 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as
18-17-010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-56.
SECTION 13.4.57 URBAN RESIDENTIAL EXCEPTION (R2-57) ZONE
Notwithstanding Sections 13.2 a): b); c) i), ii), iii), e) and h) those lands zoned
R2-57 on the Schedules to this By-law shall be subject to the following
regulations:
a)
Lot Area (minimum)
275 square metres
b)
Lot Frontage (minimum)
i) Interior Lot
ii) Exterior Lot
1 0 metres
13.3 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
With private garage or
carport 1.2 m on one side;
0.6 metres on the other side;
Without private garage or 3.0
metres on one side 0.6 metres
on the other side
d)
Ld~"Coverage (maximum)
i)~' Dwelling
ii) Total of all Buildings and Structures
40 percent
45 percent
e) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall or covered porch
projection.
ii) The outside width of the garage shall be a maximum of 40% of the
width of the house.
f) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-57 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as
18-17-010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-57."
3. Section 14.6 'SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE (R3)
ZONE" is hereby amended by adding thereto new Special Exceptions as follows:
"SECTION 14.6.31 URBAN RESIDENTIAL EXCEPTION (R3-31) ZONE
Notwithstanding Sections 3.16 i), iv); 14.1; 14.2; 14.3 a), b), c) i), ii), iii) 14.4 a),
14.4 b) 14.4 c) i), ii) iii); 14.4 g), and 14.4 h) those lands zoned R3-31 shall only
be used for an apartment building, link townhouse dwellings, stacked townhouse
dwellings, or street townhouse dwellings, subject to the following regulations:
a) For the purposes of this Section, the term
"Dwelling, Stacked Townhouse"
Shall mean one of a group of three or more dwelling units which are
separated vertically and/or horizontally, provided that each dwelling unit
has a separate entrance and fronts either on an improved public street or
on a private street.
b) Street Townhouse dwelling yards shall be permitted as follows:
i)
Lot Area (minimum)
210 square metres
ii)
Lot Frontage (minimum)
a) Interior Lot
b) Exterior Lot
7.0 metres
11.0 metres
iii) Front Yard a minimum width of 4.5 metres and a maximum width of
6.5 metres;
iv) Interior Side Yard 1.5 metre, except (i) where a building has a
common wall with a building on an adjacent lot located in the R3-24
zone, in which case no interior side yard is required, and (ii) where
the lot line is also the boundary of a different zone, in which case
an interior side yard of 4.5 metres wide is required;
v) Exterior Side Yard minimum width of 4.5 metres and a maximum
width of 6.5 metres;
vi)
Rear Yard (minimum)
7.5 metres
vii) _..no parking spaces shall be located in any yard between a dwelling
and a lot line dividing the lot from an improved public street.
c) Link townhouse dwellings or stacked townhouse dwellings shall be
permitted as follows:
i)
Density (maximum)
45 units per ha
ii)
Lot Area (minimum)
1.0 ha
iii) Front Yard a minimum width of 4.5 metres and a maximum width of
6.5 metres;
iv)
Interior Side Yard (minimum)
4.5 metres
v) Exterior Side Yard a minimum width of 4.5 metres and a maximum
width of 6.5 metres; and
vi)
Rear Yard (minimum)
7.5 metres
vii)
Building Height (maximum)
a) Link townhouse dwellings
b) stacked townhouse dwellings
10.5 metres
12.0 metres
viii) no parking spaces shall be located in any yard between a dwelling
and a lot iine dividing the lot from an improved public street.
d) the following stacked townhouse dwellings regulations shall be provided:
i)
Dwelling Unit Area (minimum)
85 square metres
ii)
Lot Coverage (maximum)
45 percent
iii)
Landscaped Open Space (minimum)
40 percent
iv)
Building Height (maximum)
12 metres
v) No parking spaces shall be located in any yard between a dwelling
and a lot line dividing the lot from an improved public street
e) Apartment building shall be permitted as follows:
i)
Density (maximum)
45 units per ha
ii)
Lot Area (minimum)
1.0 ha
iii) Front Yard a minimum width of 4.5 metres and a maximum width of
7.5 metres
iv) Exterior Side Yard a minimum width of 4.5 metres and a maximum
width of 7.5 metres
iii)
Interior Side Yard (minimum)
7.5 metres
iv)
Rear Yard (minimum)
7.5 metres
v) Dwelling Unit Area (minimum)
a) Bachelor Dwelling Unit 40 square metres;
b) One Bedroom Dwelling Unit 55 square metres;
c) Two Bedroom Dwelling Unit 70 square metres; and
d) Dwelling Unit Containing Three or more bedrooms 80 square
metres plus 7 square metres for each bedroom in excess of
three.
vi)
Lot Coverage (maximum)
45 percent
vii) Landscaped Open Space (minimum)
40 percent
viii) Building Height (maximum)
12 metres
ix) no parking spaces shall be located in any yard between a dwelling
and a lot line dividing the lot from an improved public street.
f) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R-31 on Schedule 1 to this By-
law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as
18-17-010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a record of site condition has been submitted for said lands zoned
(H)R3-31.
"SECTION 14.6.32 URBAN RESIDENTIAL EXCEPTION (R3-32) ZONE
Notwithstanding Sections 14.1; 14.2; 14.3 a), b), c); and 14.4 shall only be used
for street townhouse dwellings, subject to the following regulations:
a)
Lot Area (minimum)
1 gO square metres
b)
Lot Frontage (minimum)
i) Interior Lot
ii) Exlerior Lot
7.0 metres
11.0 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)
Exlerior Side Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
Iii)
Interior Side Yard
1.5 metres;
nil where a building has
a common wall with any
building on an adjacent
located in a R3-32 zone
d) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R3-32 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as
18-17-010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-01 0-080-15900 has been removed from the property; and
Iii) a Record of Site Condition has been submitted for said lands zoned
(H)R3-32.
5. Schedule "1" to By-law 84-<33 as amended, is hereby further amended by changing
the zone designation from:
"Agricultural (A)" to "Urban Residential (R 1) Zone"
"Agricultural (A)" to "Holding - Urban Residential Exception ((H)Rl-70) Zone"
"Agricuijural (A)" to "Holding - Urban Residential Exception ((H)R1-72) Zone"
"Agricuijural (A)" to "Holding - Urban Residential Exception ((H)R2-53) Zone"
"Agricultural (A)" to "Holding - Urban Residential Exception ((H)R2-54) Zone"
"Agricultural (A)" to "Holding - Urban Residential Exception ((H)R2-55) Zone"
"Agricultural (A)" to "Holding - Urban Residential Exception ((H)R2-56) Zone"
"Agricultural (A)" to "Holding - Urban Residential Exception ((H)R3-31) Zone"
"Agricultural Exception (A-l)" to "Environmental Protection (EP)"
"Agricuijural Exception (A-1)" to "Urban Residential (Rl) Zone"
"Agricuijural Exception (A-l)" to "Urban Residential Exception (R 1-42) Zone"
"Agricultural Exception (A-l)" to "Holding - Urban Residential Exception ((H)Rl-
70) Zone"
"Agricultural Exception (A-l)" to "Holding - Urban Residential Exception ((H)Rl-
72) Zone"
"Agricultural Exception (A-l)" to "Holding - Urban Residential Exception ((H)R2-53)
Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-54)
Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-
55) Zone"
"Agricultural Exception (A-l)" to "Holding - Urban Residential Exception ((H)R2-56)
Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-57)
Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R3-31)
Zone"
"Agricultural Exception (A-l)" to "Holding - Urban Residential Exception ((H)R3-32)
Zone"
6. Schedule "A" attached hereto shall form part of this By-law.
7. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 and 36 of the Planning Act.
BY-LAW read a first time this
day of
2008
BY-LAW read a second time this
day of
2008
BY-LAW read a third time and finally passed this
day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Attachment 5
To Report PSD-036-08
--------
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to authorize entering into an agreement with the Owners of Plan
of Subdivision S-C-2007-0004 any Mortgagee who has an interest in the said
Lands, and the Corporation of the Municipality of Clarington in respect of S-C-
2007-0004
WHEREAS General Purpose and Administration Committee on March 31, 2008,
authorized the Director of Planning Services to issue draft approval for draft Plan of
Subdivision S-C-2007-0004 located in Part Lot 13, Concession 3, former Township of
Darlington and authorized the execution of a Subdivision Agreement with the Owner;
AND WHEREAS the Owner(s) of draft Plan of Subdivision S-C-2007-0004 desires to
proceed to final plan approval and to enter into a Subdivision Agreement with the
Municipality of Clarington;
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation's seal,
an agreement with the Owners of Plan of Subdivision S-C-2007-0004 at such
time as the Subdivision Agreement has been finalized to the satisfaction of the
Director of Engineering Services and the Director of Planning Services.
2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the
Municipality, the conveyances of lands required pursuant to the aforesaid
Agreement.
BY-LAW read a first time this
day of
2008
BY-LAW read a second time this
day of
2008
BY-LAW read a third time and finally passed this
day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk