HomeMy WebLinkAboutPSD-037-08
Cl~mgron
REPORT
PLANNING SERVICES
Meeting:
Date:
Report #:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
kso\V.t1OT1 % fA -;;l.3c?-O g
Monday, March 31, 2008
PSD-037-08
By-law #:
Subject:
File #: ZBA 2007-0016 &
S-C-2007 -0005
ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION TO
PERMIT THE DEVELOPMENT OF 364 RESIDENTIAL UNITS
APPLICANTS: KIRK KEMP, DOUGLAS KEMP, HELEN KEMP, ROBERT
CARRUTHERS AND PATSY CARRUTHERS (NORTHGLEN EAST)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-037 -08 be received;
2. THAT the application for Draft Plan of Subdivision S-C-2007-0005 submitted by Kirk Kemp,
Douglas Kemp, Helen Kemp, Robert Carruthers and Patsy Carruthers 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 2007-0016 submitted by Kirk Kemp,
Douglas Kemp, Helen Kemp, Robert Carruthers and Patsy Carruthers be APPROVED as
contained on Attachment 4:
4. THAT the Mayor and Clerk be authorized by By-law to execute a Subdivision Agreements for
each phase of development between the Owner and the Municipality of Clarington, at such time,
as the agreement has been finalized to the satisfaction of the Director of Engineering Services,
Director of Planning Services and Director of 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:
. rome, M.C.I.P., R.P.P.
of Planning Services
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Reviewed by: \....J C ~.:....... CA-Jl.<-
Franklin Wu,
Chief Administrative Officer
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26 March 2008
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVllLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-037-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner/Applicants:
Kirk Kemp, Douglas Kemp, Helen Kemp, Robert
Carruthers and Patsy Carruthers
1.2 Agent:
Tunney Planning Inc.
1.3 Proposed Plan of Subdivision:
364 unit residential Plan of Subdivision consisting of:
. 290 single detached dwellings on 10.0, 11.0,
12.0,13.5,15.0 and 18.0 metre lotfrontages;
. 19 street townhouse units;
. 55 block townhouse units;
. 1 separate elementary school block;
. 1 park block;
. 1 parkette; and
· open space blocks.
1.4 Proposed Rezoning:
To change the current zoning on these properties
from "Agricultural Exception (A-1) Zone" to an
appropriate zone to permit the proposed
development.
1.5 Area
32.532 ha
2.0 LOCATION
2.1 The subject lands are located on the north side of Concession Road 3, east of Middle
Road and west of Liberty Street, being in Part Lot 12, Concession 3 in the former
Township of Darlington (Attachment 1).
3.0 BACKGROUND
3.1 On March 2, 2007, Staff received an application for proposed draft plan of subdivision
and rezoning submitted by Kirk Kemp, Douglas Kemp, Helen Kemp, Robert Carruthers
and Patsy Carruthers. The applications originally proposed a total of 386 residential
units consisting of single detached and townhouse 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.
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. The Official
Plan Amendment No 59. was approved by Council on December 10,2007.
REPORT NO.: PSD-037-08
PAGE 3
3.3 A revised draft plan was submitted in February 2008, reducing the number of units from
386 to 364 units.
3.4 A separate application for draft plan of subdivision and rezoning submitted for the lands
to the west of Middle Road, north of Concession Road 3, within the Northglen
Neighbourhood have also been submitted and are the subject of Staff Report PSD-036 -
08).
4.0 LAND CHARACTERISTICS AND SURROUNDING USES
4.1 The majority of the west property is used for agricultural purposes, specifically apple
orchards owned by Kemp. The lands are relatively flat, gently sloping to the south.
There is a woodlot and tributaries of Soper Creek on the northern portion of the property
located within the Environmental Protection blocks. There is also a wooded area with
small creeks and a floodplain on the northern portion of the property. The majority of
the east property consists of flat, ploughed agricultural fields that are currently cultivated
in soybeans. Some of the lands are outside the proposed draft plan.
4.2 The surrounding uses are as follows:
North -
South -
East
West -
Bowmanville Golf Course
Concession Road 3 and beyond, urban rResidential
Estate residential, church and residential on Concession 3
Middle Road and beyond, vacant agricultural land (subject to a proposed
draft plan of subdivision).
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.
5.1.2 Policy related to Settlement Areas, states 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.
REPORT NO.: PSD-037-08
PAGE 4
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. The applications will also
aid the Municipality in attaining its three year supply of available residential land.
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.
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.
REPORT NO.: PSD-037-08
PAGE 5
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 Clarington Official Plan designates the subject lands as Urban Residential and
Environmental Protection Area. The intent of the Urban Residential designation is to
provide for a 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 and additional medium density symbols; and
· Revisions to school and park requirements and locations.
6.2.2 Environmental Protection Areas are recognized as the most significant components of
the natural environment. The intent of this designation is to preserve and protect the
area from the effects of human activity. No development is permitted within the areas
designated Environmental Protection Area.
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 in accordance with Official Plan
policies.
6.2.3 The Official Plan recognizes the existing woodlot located on the northern portion of the
subject lands as significant. The woodlot is primarily located within the proposed open
space and neighbourhood park blocks.
6.2.4 The Official Plan encourages the conservation and enhancement of cultural heritage
resources. A residential structure on the subject lands has been recognized on the
Municipality's Primary Heritage resources list. Where a structure is recognized on the
heritage resource list, the Municipality will allow alterations, renovations, additions or
repairs provided the proposed changes are compatible and consistent with the building
and surrounding area. The Municipality will discourage the demolition or the
inappropriate alteration of a heritage resource.
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. 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 as a whole. The Neighbourhood Design Plan has
REPORT NO.: PSD-037-08
PAGE 6
been finalized and was presented at the March 1ih, 2008 General Purpose and
Administration Committee through Report PSD-026-08.
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 Study. 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 Within the Comprehensive Zoning By-law 84-63, as amended, both of the subject
properties are zoned "Agricultural Exception (A-1) Zone". A Zoning By-law amendment
is required in order to implement the proposed plan of subdivision.
8.0 SUMMARY OF BACKGROUND STUDIES
8.1 The following documents in support of the Official Plan Amendment, Neighbourhood
Design Plan and both draft Plans of Subdivision were received:
. Phase 1 Environmental Site Assessments,
. Environmental Impact Study,
. Hydrogeological Analysis, Archaeological Assessments,
. Functional Servicing Report.
These studies were summarized in staffs report respecting the proposed Official Plan
Amendment being PSD-137-07.
The findings of the Financial Impact Study were presented to Council in Report FD-007-
08-08. The Neighbourhood Design Plan was presented to Council through Report PSD-
026-08.
9.0 PUBLIC MEETING AND SUBMISSIONS
9.1 A joint Public Meeting for all of the subject applications was held on May 22, 2007.
9.2 A number of area residents expressed concerns and provided comments on the
proposed development. Their concerns/comments are summarized below:
REPORT NO.: PSD-037-08
PAGE 7
. 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 be 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 affect 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.
9.3 These concerns will be addressed in Section 11 of this report.
10.0 AGENCY COMMENTS
10.1 The applications for the plan of subdivision and rezoning were circulated to various
agencies and other departments for comment.
10.2 Clarington Operations has reviewed the applications and provided comments with
respect to the stormwater management plan. In addition, all parking including bus pick-
up and vehicular traffic must be accommodated within the school site. Parking will not
be allowed on the street. Lots adjacent to the Kemp homestead may be frozen or a
temporary turning circle required to accommodate winter maintenance.
10.3 Clarington Engineering has reviewed the subject applications and provided the following
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 will be required adjacent to the Kemp Homestead. 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.
REPORT NO.: PSD-037-08
PAGE 8
. Development cannot proceed until such time as the Municipality has approved
expenditure of funds for the provision of the urbanization and reconstruction of
Concession Road 3 and Middle Road including sidewalks and street illumination
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. 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. These shall be
provided prior to final approval.
10.4 The Region of Durham commented on the proposed subdivisions with respect to provincial
plan responsibilities, and the proposed method of servicing, and transportation.
The applications have been screened in accordance with the terms of the provincial
plan review responsibilities. A Phase 1 Environmental Site Assessment for both the
Kemp and Carruthers lands identified potential impacts from insecticides used on the
apple farm therefore a Record of Site Conditions is required by the Region of Durham.
The Soper Creek tributaries traverse the north eastern limit of the Northglen East area.
This area is identified as having high archeological potential. An Archeological
Assessment is required to be forwarded to the Ministry of Culture.
Durham Transit provided comments advising 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 requested that the following be addressed through the
approval process:
. 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.
REPORT NO.: PSD-037-08
PAGE 9
. Sanitary sewer servicing to the Northglen East area will require the extension
of a 450 mm sanitary sewer on Middle Road from Bons Avenue northerly to
the subject site.
. Many revisions to the Traffic Impact Study are required to reflect the Region's
issues with respect to volume projections and future intersection
improvements.
. The developer will be required to construct improvements at Regional Road
intersections including auxiliary lanes at Concession Road 3 and Liberty
Street.
10.5 Central Lake Ontario Conservation Authority has offered no objection to the applications
and provided conditions of draft approval. In addition to the standard conditions, the
Authority has requested detailed plans and reports to demonstrate how the
development will proceed with 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.
10.6 The Peterborough Victoria Northumberland and Clarington Catholic District School
Board offered no objection provided the Owner enter into a written agreement for the
future acquisition of the school site, to the satisfaction of the School Board. The
agreement shall, among other matters, provide for the levelling, rough grading and
seeding of Block 296, 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 296 where it
abuts proposed or existing residential lands, to the satisfaction of the Peterborough,
Victoria Northumberland and Clarington Catholic District School Board.
11.0 STAFF COMMENTS
11.1 The applicant's two parcels subject to these applications equal to approximately 22% of
the land within the Northglen Neighbourhood. They have submitted one joint
application for rezoning and one joint application for draft plan of subdivision.
11.2 Public Submissions
In response to the public submissions as they are related to Northglen East, the
following information is presented:
Residents of Rebecca Court
The residents on Rebecca Court have expressed concerns with the lot size and form of
housing adjacent to the rear yards, as well as the potential for trespassing through their
rear yards. The draft plan has been revised, placing 18.0 metre (60 foot) lots abutting
the rear lots on Rebecca Court, for single detached dwellings. The developer is required
through the conditions of draft approval to provide upgraded architectural style, exterior
REPORT NO.: PSD..o37-08
PAGE 10
finishes and detailing for all building elevations for these homes. The developer will
also be required to provide 1.8 metre privacy fencing along the rear lot line of the
proposed lots.
The transition of new development adjacent to existing was recently raised as an issue.
In addition, the residents have requested that homes be restricted to one storey within
500 metres of Rebecca Court. The Rills of Liberty was approved as an estate
residential development outside the urban area for Bowmanville in December 1980. It
was incorporated into the Urban Area in the 1991 Region of Durham Official Plan, as
were the subject lands. As such, denser urban forms are permitted. To address the
residents concerns the lot widths have been increased to 18.0 metres and rear yard
depths have been increased to 8.5 metres from 7.5 metres but staff cannot support
restricting housing style to one storey. This would effect almost all the lots within the
plan of subdivision. Given that the majority of the lot fabric are 10, 11 and 12 metres in
size, an adequate house size cannot be accommodated on these parcels.
Water Pressure
Water pressure on Rebecca Court will not be affected as a result of this development,
because water services will be provided from the watermain off of Middle Road. It is
likely that the residents experienced a drop in water pressure when the supply was
changed to lake-based water services.
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.
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.
REPORT NO.: PSD-037-08
PAGE 11
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 be
achieved by 2016. Although the residential portion of the assessment ratio is currently
higher with growth in retail sectors of our community and new initiatives such as the
Energy Park, the municipality is attempting to provide opportunities to achieve an
increase in non-residential assessment and jobs for residents.
11.3 Phasina and Costs Associated with the 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 at this time include the following:
i) Reconstruction of Concession Road 3 from Middle Road to Liberty Street;
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; and
vi) Parks and trail development.
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 parkette (Block 299) be included within the limits
of the registration of Phase 1 and be constructed 100% at the expense of the Owners.
In addition the Owner shall be 100% responsible for the 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 151st
building permit in Phase 1.
11.3.2 In order for the first phase of development to proceed the developers will pay 100% of
the cost to construct interim road improvements on Concession Road 3, including where
required, left turn lanes from Middle Road, east along the entire frontage of the
development and provision for pedestrian access on Concession Road 3.
REPORT NO.: PSD-037-08
PAGE 12
11.4 Red-line Revision
11.4.1 The draft plan of subdivision requires red-line revIsions by providing a 4.0 metre
landscape strip along the frontage of the medium density block (Block 295) along
Concession 3 Road. This will balance the landscape treatment along Concession Road
3 with that shown on the draft plan S-C 2007 -0004 which was provided to allow for a
grade transition from Concession Road 3 to the lots and streets in that draft plan.
11.4.2 Block 295 is a medium density block that will be subject to site plan approval. The plan
illustrated four (4) blocks (291-294) of on-street townhouses on the east boundary of
this block. The plan shall be red-line revised to meld the five (5) blocks together to
allow for the most flexibility in designing a development proposal for these lands.
11.4.3 Block 298 is identified as a parkette. It is a 0.113 ha (0.28 acre) irregular shaped parcel
between the open space block and Street "D". This block shall be revised to an Open
Space Block.
11.5 Cultural Heritaoe
There is a secondary heritage structure located at 3187 Middle Road. This property is
not within the subject draft plan of subdivision. However, the underlying lot fabric has
been identified and the existing dwelling can be incorporated into future development of
this area. The proposed lotting pattern requires demolition of the garage that was more
recently added to the house, for future road connection.
11.6 Tax Status
The Finance Department advises that the taxes for the subject property 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 conditions have been reviewed by the applicant. In consideration of
the comments contained in this report, Staff respectfully recommend the proposed plan
of subdivision as contained on 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-037-08
PAGE 13
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
List of interested parties to be advised of Council's decision:
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-037-08
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Attachment 2
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Attachment 3
To Report PSD-037-08
CONDITIONS OF DRAFT APPROVAL
S-C-2007-0005 (Northglen East)
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-2007-0005 prepared by Tunney Planning Inc. identified as Project Number
TUN 553-1, original submission dated February, 2006, and as revised in February 2007
and further red-lined revised, which illustrates 364 residential units consisting of 290 single
detached dwellings, 19 street townhouse units, 55 block townhouse units and blocks for a
separate elementary school, two (2) parks, open space, road widenings, and 0.3 metre
reserves. The red-line revisions shall include:
i) a 4.0 metre wide landscape strip abutting Concession Road 3 for the full length
of Blocks 294 and 295 be added;
ii) that Blocks 291-295 inclusive be melded into one block;
iii) that Blocks 298 and 302 be identified as Environmental Protection Area; and
iv) that the lot between Lot 246 and Block 298 be revised to a straight line.
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 (Block 311), 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 312 & 313), 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 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.
9. The Owner shall convey the 0.3 metre reserve shown as Blocks 303, 304, 305, 306, 307,
308,309 and 310 on the draft plan, to the Municipality of Clarington.
10. 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.
11. The Owner will be required to provide temporary turning circles at the end of Street "F" and
Street "G" to the satisfaction of the Director of Engineering Services. The number of lots
to be frozen and additional easements for snow storage will be at the discretion of the
Director of Engineering Services.
12. The Owner shall provide a 4.0 metre landscaped strip along the entire frontage of Block
295 and Block 294 as redlined on the draft plan.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
13. 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 299 shall be included within the limits
of the registration of Phase 1. Furthermore, the Owner agrees to incorporate Block 296,
Separate Elementary School Block, including adequate frontage for appropriate access
should, the Peterborough Victoria Northumberland Clarington Catholic 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 Plan shall be provided to the Region of Durham Works
Department.
14 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.
15. 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.
16. The Owner shall submit a detailed tree preservation plan to the satisfaction of the
Municipality of Clarington. No trees shall be removed until such time as this plan has been
approved except as authorized by the Municipality.
17. 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.
18. Prior to the development of any phase which accesses Concession Road 3, the Owner
shall complete a Traffic Control Study to the satisfaction of the Director of Engineering
Services, which analyzes the need for left turn lanes at each intersection on Concession
Road 3 and recommend how left turn lanes would be implemented. Any works deemed
necessary by the Director of Engineering Services shall be undertaken at 100% cost to the
Owner.
19. The Owner shall prepare a Internal Traffic Impact Study to assess the traffic movements
within 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.
20. The Owner shall prepare and submit 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 to be
prepared by the Owner for Plan of Subdivision S-C-2007-0004. This plan must be
approved by the Municipality of Clarington, and shall identify specific measures on how
development in Plan S-C 2007-0005 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 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;
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.
21. 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 2007-0004. 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 including 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
22. 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.
23. The phasing of this draft plan will be restricted by the number of external accesses 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.
24. The Owner agrees to construct, in conjunction with Phase 1, the following works at 100%
the 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 Middle Road to
Liberty Street;
ii) intersection illumination at Street "A", and Concession Road 3; and
iii) provision for pedestrian access on Concession Road 3 from Middle Road to
Liberty Street.
25. 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 Middle Road to Liberty Street 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 north limit of
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 from Concession Road 3, 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; and
vi) park development.
26. Should the Owner wish to proceed in advance of the approval by Council of the
Municipality of Clarington for the expenditures for 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.
27. 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.
28. The Owner shall convey Blocks 297 and 299 to the Municipality of Clarington for park or
other public recreational purposes in accordance with the provisions of the Planning Act.
Alternatively, the Municipality may accept cash-in-Iieu of such conveyance. The Owner
shall convey Blocks 298, 300, 301 and 302 for open space purposes.
29. For the purpose of the development of Block 299, the Owner agrees to construct the park
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 299 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
30. The Owner agrees for the purpose of Block 297 parkland development shall be consistent
with the local service as defined in the Development Charges By-law as amended from
time to time, which 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 stormwater servicing. The park
site must be fenced and seeded with a minimum cover of 200mm of topsoil.
31. The owner agrees to commence construction of the park Block 299 at the issuance of 1510t
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.
32. The Owner shall be 100% responsible for the construction of a pedestrian trail through
Blocks 298, 300, 301 and 302 to the satisfaction of the Director of Engineering Services.
33. The Owner shall be 100% responsible for the costs of landscaping the 4.0 metre
Landscape Strip (red-lined on Block 294 and 295) in keeping with the approved
Landscape Plan.
34. The Owner agrees that development of Block 291 to 295 cannot proceed until such time
as the Owner has entered into a Site Plan Agreement with the Municipality of Clarington
for the development of this Block.
35. 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.
36. 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.
37. The Owner agrees that all residential units situated on Lots 226 to 245 inclusive, shall be
of a high quality architectural style and finishes on all building elevations. The side and the
rear elevations shall have a high level of quality and detailing consistent with the front
elevation of the dwelling. These include, but are not limited to exterior finishes, exterior
colours, windows and doors and architectural features.
38. 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.
39. The Owner shall grant such easements as may be required for utilities, drainage and
servicing purposes to the appropriate authorities.
40. 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.
41. The Owner agrees to provide detailed house siting plans during the detailed engineering
submission, for approval by the Director of Engineering Services, that illustrates proposed
driveways onto public roads.
42. All works shall be constructed in accordance with the Municipality of Clarington standards.
43. The Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be
buried underground.
44. 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.
45. The Owner shall be 100% responsible for the costs of installing privacy fencing a minimum
of 1.8 metres high, at the rear of Lots 226 to 245 inclusive. The fencing details shall be
approved by the Director of Engineering Services and the Director of Planning Services.
46. The Owner shall install a 1.5 metre chain-link property line fence between the boundaries
of:
. Block 300 and Lots 245 to 250 inclusive and Lot 279; and
. Block 301 and Lots 279 and 280;
47. The Owner shall install a 1.8 metre property fence between the boundary of:
. Block 296 and Lots 281 to 290 inclusive;
. Block 297 and Lots 280 and 281; and
. Block 299 and lots 23,24,173 and 174.
48. The Owner shall construct appropriate fencing on the east limit of Block 300 to the
satisfaction of the Director of Engineering Services and Central Lake Ontario Conservation
49. The Owner shall construct a post and wire fence on the north limit of Blocks 300 to 301.
50. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist
Report to the Director of Planning Services to demonstrate that the proposed development
will not adversely impact the existing wells in the surrounding areas.
51. 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.
52. 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.
53. 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.
54. That the Owner shall pay to the Municipality, the development charge in accordance to the
Development Charges 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.
55. Prior to final approval, the Owner is required to submit a signed Record of Site Condition
(RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the
Ministry of Environment (MaE). This RSC must be to the satisfaction of the Region,
including an Acknowledgement of Receipt of the RSC by the MaE.
56. 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.
57. 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;
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;
iv) 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 in S-C- 2007-0005, in
accordance with the requirements of the EIS prepared by NEA, April 2007. This
feature shall be constructed prior to the elimination of the existing pondlwetland
feature located within the subject Plan of Subdivision; and
v) The Owner shall submit for review and approval phased grading plans as well as
proposed cut and fill drawings/plans for the subject site.
58. 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.
59. 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.
60. 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.
61. 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.
The Owner agrees to furnish to the Central Lake Ontario Conservation Authority, a copy of
the fully executed subdivision agreement with the Municipality.
62. The Owner shall enter into a written agreement with the Peterborough Victoria
Northumberland and Clarington Catholic District School Board which provides for the
future acquisition of the school site, as shown as Block 296 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 296, 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 296 where it abuts proposed or existing residential lands, to the
satisfaction of the Peterborough, Victoria Northumberland and Clarington Catholic District
School Board.
63. 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 recommend 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.
64. The Owner is to coordinate the preparation of an overall utility distribution plan to the
satisfaction of all affected authorities.
65. 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.
66. All of the natural gas distribution system will be installed within the proposed road
allowances therefore easements will not be required.
67. 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 communication/telecommunication 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).
68. 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.
69. 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.
70. 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.
71. 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:
"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 school."
iv) Owner agrees to implement those noise control measures recommended in
the Noise Report.
72. 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 3,13,17,52,55,63,69 and
70 have been satisfied;
ii) Central Lake Ontario Conservation, how Conditions 48, 57, 58,59, 60 and 61
have been satisfied;
iii) Peterborough Victoria, Northumberland and Clarington Catholic District
School Board how Conditions 62 has been satisfied;
iv) Enbridge Gas Distribution Inc. how Conditions 65,66 have been satisfied;
v) Bell Canada, how Conditions 67 and 68 have been satisfied; and
vi) Ministry of Culture, how Condition 56 has been satisfied.
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three years of the draft approval date, and
no extensions have been granted, draft approval shall lapse and the file shall be
CLOSED. Extensions may be granted provided valid reason is given and is submitted to
the Director of Planning Services for the Municipality of Clarington well in advance of the
lapsing date.
2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions
of draft approval in an expeditious manner. The conditions of draft approval will be
reviewed periodically and may be amended at any time prior to final approval. The
Planning Act provides that draft approval, may be withdrawn at any time prior to final
approval.
3. All plans of subdivision must be registered in the Land Titles system within the Regional
Municipality of Durham.
4. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies in order to
facilitate their clearance of conditions for final approval of this plan. The addresses and
telephone numbers of these agencies are:
i) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario, UH 3T3 (905) 579-0411.
ii) Peterborough, Victoria, Northumberland and Clarington Catholic District
School Board, 1355 Lansdowne Street West, 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 1 P8
v) Bell Canada, Development and Municipal Services Control Centre, Floor 5,
100 Borough Drive, Scarborough Ontario M1 P 4W2
vi) The Ministry of Culture, Cultures Program Unit, 400 University Avenue
Toronto, Ontario M7A 2R9
Attachment 4
To Report PSD-037-08
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 2007-0016;
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:
"SECTION 12.4.70 URBAN RESIDENTIAL EXCEPTION (R1-70) ZONE
Notw~hstanding 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
detacihed 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
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.
SECTION 12.4.71 URBAN RESIDENTIAL EXCEPTION (Rl-71) ZONE
Notwithstanding Section 12.1 a); 12.2 a); b); c); d) i, ii), iii); f) and i) ii) those lands
zoned Rl-71 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
540 square metres
b)
Lot Frontage (minimum)
i) Interior
ii) Exterior
18.0 metres
21.3 metres
c)
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 1.2 metres on one
side 3.0 metres on the other
8.5 metres
iv)
Rear Yard
d)
Lot Coverage (maximum)
i) Dwelling
ii) Total of 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.
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
regulatioos:
300 square metres
1 0 metres
13.3 metres
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 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 wail or covered porch
projection.
ii) The outside width of the garage shall be a maximum of 40% of the
width of the house.
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)
Lot Area (minimum)
330 square metres
b)
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) ."1\11 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.
SECTION 13.4.55 URBAN RESIDENTIAL EXCEPTION (R2-55) ZONE
Notwithstanding 13.2 a); c) i), iii, 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)
Lot Area (minimum)
360 square metres
b)
Yard Requirements
i) Front Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
H)
Exterior Side yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
Hi)
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
than the dwellings front wall or exterior side wall.
street line
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-iaw shall be subject to the following
regulations:
a)
Lot Area (minimum)
450 square metres
b)
Lot Frontage (minimum)
i) Interior 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
W~h 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.
"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) Extenor 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 iot 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 line 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
v)
Interior Side Yard (minimum)
7.5 metres
vi)
Rear Yard (minimum)
7.5 metres
vii) 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.
viii) Lot Coverage (maximum)
45 percent
ix) Landscaped Open Space (minimum)
40 percent
x) Building Height (maximum)
12 metres
xi) no parking spaces shall be located in any yard between a dwelling
and a lot line dividing the lot from an improved public street.
4. Schedule "1" to By-law 84-63 as amended, is hereby further amended by changing
the zone designation from:
"Agricullural Exception (A-1)" to "Environmental Protection (EP)"
"Agricultural Exception (A-1)" to "Urban Residential (R1) Zone"
"Agricultural Exception (A-1)" to" - Urban Residential Exception (R1-42) Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R1-
70) Zone"
"Agricullural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R1-
71) Zone"
"Agricultural Exception (A-1)" 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-1)" to "Holding - Urban Residential Exception ((H)R2-56)
Zone"
"Agricullural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R3-31)
Zone"
5. Schedule "A" allached hereto shall form part of this By-law.
6. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 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
Palli L. Barrie, Municipal Clerk