HomeMy WebLinkAboutPSD-044-08
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
~ e501 ,^,+-iOYl~ (lfJ.-d.4 fa -0 ~
By-law #: Joorg-o 77
JooS-07~
PSD-044-08
File #: 18T-95028
and ZBA2007 -0039
Date:
Monday, April 28, 2008
Report #:
Subject:
APPLICATION FOR PROPOSED AMENDMENT TO DRAFT APPROVAL OF A
DRAFT APPROVED PLAN OF SUBDIVISION AND A ZONING BY-LAW
AMENDMENT
APPLICANT: 708545 ONTARIO LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-044-08 be received;
2. THAT the application for proposed amendment draft approval for Draft Plan of
Subdivision 18T-95028 submitted by 708545 Ontario Limited be APPROVED, subject to
the conditions as contained in Attachment 3;
3. THAT the Zoning By-law Amendment application submitted by 708545 Ontario Limited
be APPROVED, as contained in Attachment 4;
4. THAT the By-law authorizing the entering into a Subdivision Agreement between the
Owner of Draft Plan of Subdivision 18T-95028 and the Municipality of Clarington be
APPROVED as contained in Attachment 5 and forwarded to Council for APPROVAL;
5. THAT the Region of Durham 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 delegation be advised of
Council's decision.
REPORT NO.: PSD-044-08
Submitted by:
David J. rome, M.C.I.P., R.P.P.
Director of Planning Services
SAlCP/DJC/df
April 21, 2008
PAGE 2
Reviewed bY:c)~-.-(~
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-044-08
PAGE 3
1.0 APPLICATION DETAILS
1.1 Applicant:
708545 Ontario Limited
1.2 Owner:
708545 Ontario Limited
1.3 Applications:
Amendment to Draft Aooroved Plan of Subdivision:
Residential plan of subdivision for a total of 225 dwelling units
comprised of 188 single detached dwelling units on 9.0, 10.0, 11.0,
and 12.2 metre lots and 37 townhouse units.
Zonina Bv-Iaw Amendment:
To rezone the subject lands from "Environmental Protection (EP),
"Holding - Urban Residential Exception ((H)R3-20)", "Holding -
Urban Residential Exception ((H)R1-45)", Holding - Urban
Residential Exception ((H)R1-47)" and "Holding - Urban
Residential ((H)R2-24)" to appropriate zones to permit the
proposed amendment to the draft approved plan of subdivision.
1.4 Site Area:
18.147 ha
1.5 Location:
Prestonvale
The subject lands are located in the Courtice Urban Area, east of
Road and north of the extension of Meadowglade Road
(Attachment 1). The property is contained within Part Lots 31, 32 &
33, and part of the road allowance between Lots 32 and 33,
Concession 2, in the former Township of Darlington.
2.0 BACKGROUND
2.1 On August 8, 2007 708545 Ontario Limited submitted applications to the Municipality of
Clarington for amendment to a Draft Approved Plan of Subdivision and Zoning By-law
Amendment for the development of 225 dwellings.
2.2 An Environmental Site Assessment, Functional Servicing Report, Noise Impact Study
and a Parking Plan accompanied the applications. These are summarized in Section
7.0 of this report.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is currently vacant as the previously existing barn and farm house
have been removed. Historically, the property was used for agriculture.
REPORT NO.: PSD-044-0B
PAGE 4
3.2
Surrounding Uses:
North:
South:
East:
West:
existing urban residential
rural residential lots and lands designated Future Urban Residential
large rural residential properties
lands subject to draft plan of subdivision S-C-2007-0009
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
The Provincial Policy Statement (PPS) states that all new development should occur
adjacent to the existing built-up area, and have a compact form. There should be
efficient use of infrastructure including water and sanitary services and existing road
networks. Development should be phased to ensure the orderly progression of
development within a designated growth area.
This application is within a planned neighbourhood, the Emily Stowe Neighbourhood.
Servicing is available for this development and there is an existing road network of
collector and arterial roads with capacity to accommodate traffic from the proposed
subdivision. The application conforms with the Provincial Policy Statement.
4.2 Provincial Growth Plan
This application is considered Greenfield development in the Growth Plan. Greenfield
developments are to be planned, designated, zoned and designed to create street
patterns, densities and urban form that promote walking, use of transit, a mix of
residential land uses, and high quality public open spaces. This application is located
within the Courtice Urban Area boundary, is designated Urban Residential and is
located with an approved Neighbourhood Design Plan.
This application, in conjunction with the application for draft plan of subdivision on the
westerly abutting property provides pedestrian walkways for ease of walking to existing
transit stops, parks and open space blocks connected by a trail, and a variety of
housing forms, from townhouses to large lot single detached dwellings. The application
conforms to the Provincial Growth Plan.
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Reaional Official Plan
The Durham Regional Official Plan designates the land "Living Area". Lands designated
"Living Areas shall be predominantly used for housing purposes. Development in urban
areas shall have regard for: compact urban form; the use of good urban design
principles; use a grid street pattern; provide for parks; access to transit; the capacity of
existing services; and, the balance between energy efficiency and cost.
5.2 Clarinaton Official Plan
The Clarington Official Plan designates the land "Urban Residential" and "Environmental
Protection Area". This area is slated for low density development. Low Density
REPORT NO.: PSD-044-08
PAGE 5
development allows for development between 10-30 units per net ha, and is
predominantly for single detached and semi-detached dwellings.
The area designated Environmental Protection Area has been further defined by the
Neighbourhood Design Plan (approved in November 1999) and is aligned with the
storm water management facility, shown as Block 196. A portion of these lands have
been previously transferred to the Municipality of Clarington for storm water purposes at
the time of development north of the subject lands.
The Clarington Official Plan designates both Prestonvale Road and Glenabbey Drive as
collector roads. Prestonvale Road is existing, and this application for draft amendment
to Draft Plan of Subdivision includes a new section of Glenabbey Drive. Street 'B' is a
local road linking homeowner's to the future Meadowglade Road, a Type 'C' arterial
road, east of Prestonvale Road.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 as amended, zones the subject land "Environmental Protection
(EP)", "Holding - Urban Residential Exception ((H)R3-20)", "Holding - Urban
Residential Exception ((H)R1-45)", Holding - Urban Residential Exception ((H)R1-47)"
and "Holding - Urban Residential ((H)R2-24)". The recommendations of this report
support a rezoning to implement the proposed amendment to the Draft Plan of
Subd ivision.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 Environmental Site Assessment Phase 1
The Environmental Site Assessment, Phase 1 by Soil Engineers Ltd. was done in
August 2007 and was done simultaneously for this amendment to draft approval and a
new draft plan of subdivision on the abutting property subject (concurrent application by
same owners). The study indicates that the majority of the site has previously been
used for agricultural purposes and rural residential. The study reviewed historical
records, observations of adjacent properties, geotechnical investigation findings and a
building audit.
The geotechnical investigation consisted of 15 boreholes to a depth ranging from 4.7 m
to 9.6 metres. No obvious signs of soil contamination were found from the test soil.
It is also recommended that any domestic wells and sewage disposal systems that are
found during construction be properly decommissioned. A condition of draft approval
requires documentation that this work was property done.
7.2 Functional ServicinQ Report
A Storm Water Servicing Scheme was submitted in 1995 with the submission of the
original application for Draft Plan of Subdivision. This stormwater management plan
has been updated and now includes the abutting draft plan. The two plans of
REPORT NO.: PSD-044-08
PAGE 6
subdivision are coordinated to share storm water management ponds, storm water
pipes and overland flow routes. The Report was reviewed in detail by Engineering
Services Department and found to be satisfactory.
7.3 Noise Impact Study
A Noise Impact Study was completed by Sernas Associates in July 2007. The results of
this study indicate that the lots abutting Meadowglade Road (Lots 15, 16, 58, 59, 135,
136,160,161,187 & 188) will require noise fencing around their rear and exterior side
yards and will have 'forced air ducts' to accommodate optional air conditioning. Other
lots in close proximity to Meadowglade Road will also be required to be ducted to
accommodate optional air conditioning. Waming clauses are contained in the conditions
of draft approval and the future subdivision agreement that alert homeowners to the
potential for noise volumes generated by traffic along Prestonvale Road and
Meadowglade Road.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the subject site.
Also three (3) public meeting notice signs were installed on the property along the
Prestonvale Road, Glenabbey Drive, and Granville Drive frontages.
8.2 A few inquiries have been received by Staff regarding this application and the
concurrent application to the east. Their comments include:
. don't want Glenabbey to connect to Prestonvale and become a through street;
. don't want any development at all;
. what will happen to the existing valley just east of Prestonvale Road; and
. there is no potential for connection to the southerly abutting property in the
Future Urban Residential designation.
Further discussion is contained in Section 10.
9.0 AGENCY COMMENTS
9.1 In accordance with departmental procedures, the application was circulated to obtain
comments from other departments and agencies.
9.2 Clarington Emergency Services, Hydro One Networks Inc., and Rogers Cable have no
objections to this proposal.
9.3 Durham Region Planning Department finds the application to be in conformity with the
Regional Official Plan. They have advised that there are no servicing issues associated
with the proposed development and provided conditions of draft approval that will need
to be complied with prior to clearance by the Region for registration of this plan.
REPORT NO.: PSD-044-08
PAGE 7
9.4 The Kawartha Pine Ridge District School Board requests that adequate provision be
made for sidewalks in this development. The Board has no other comments or concerns
at this time.
9.5 Enbridge and Bell offered no objections to the proposal. Each agency provided standard
conditions to be included in the Conditions of Draft approval.
9.6 Clarington Engineering Services has reviewed the applications and find the proposed
development acceptable. The On-Street Parking Plan was found to be satisfactory.
Their conditions and requirements are contained in the Conditions of Draft Approval.
10.0 STAFF COMMENTS
10.1 The Owner has submitted this amendment to Draft Approval and Zoning By-law
Amendment, in conjunction with their concurrent applications for a new Draft Plan of
Subdivision and related Zoning By-law Amendment abutting Prestonvale Road to the
west. The amendment to draft approval will interconnect the road pattern and servicing,
creating more efficient traffic patterns. This subdivision plan will be accessed in three
locations, by collector roads at Prestonvale Road and Glenabbey Drive at the north end,
the new Type 'c' arterial, Meadowglade Road, and by the extension of a local road,
Granville Drive in the eastern portion of the plan.
10.2 Development of these lands and the lands subject to the adjacent amendment to Draft
Approved Plan of Subdivision (18T-95028) requires the filling of the existing valley east
of Prestonvale Road and north of the future Meadowglade Road. Approval for this work
has been authorized by both CLOCA and the Municipality, through an Engineering
Services report to Council, considered in July 2007 (EGD-047-07). An amendment for
additional fill was approved by Council in March 2008 (EGD-017-08).
,
10.3 There are existing regional services in the area for both municipal water and municipal
sanitary service. Also, Durham Transit currently operates a bus route along
Prestonvale Road between Southfield Drive and Claret Road, and along Sandringham
Drive, providing alternate transportation opportunities.
10.4 Currently there is a neighbourhood park (Stuart Park) and a parkette (Glenabbey
Parkette) for use of the future residents of this proposed plan of subdivision. The
application for amendment to the Plan of Subdivision proposes a small addition to the
Glenabbey Parkette and a new parkette (yet unnamed) that will be accessed by the
existing John Walter Crescent and by future residents of this development. The new
parkette will have approximately 75 metres of road frontage, creating views of the
parkette for the residences and open access.
10.5 The proposed subdivision is located in the Emily Stowe Neighbourhood, which has an
approved Neighbourhood Design Plan dated November 1999. The application as
submitted improves upon the street layout originally contemplated in 1999 by providing
an interconnecting street pattern with the proposed draft of subdivision located to the
west. The Neighbourhood Design Plan and the previously Draft Approved Plan of
REPORT NO.: PSD-044-08
PAGE 8
Subdivision contained a total of 61 on-street townhouse units on 6.0 metre frontages,
scattered throughout this plan area. The amended plan contains 37 townhouse units,
all of which will have access on an internal private road in the townhouse development
on Block 189. Also, a cul-de-sac located in the eastern portion of the subdivision plan
has been eliminated and replaced with a block townhouse development (Block 189).
10.6 Block 189, medium density block, will require site plan approval prior to development.
The site plan will examine in detail, access to the block, parking, building layout,
building design, landscaping, private and common amenity areas, lighting, waste
disposal, etc. The applicant has noted 37 townhouse units at this time, but the layout of
the private roads and lotting pattern on the block are not part of the approval of the
amendment to Draft Approved Plan of Subdivision.
10.7 Resident's Issues
A few residents' have called and written the Municipality and an abutting property owner
spoke at the Public Meeting held in November 2007. The issues are summarized and
discussed as follows:
. Don't want Glenabbey Drive to connect to Prestonvale and become a through
street - Glenabbey Drive is a designated Collector Road, and as such as been
developed with a minimum road width of 23.0 metres on the existing section abutting
to the east. The functio'n of a collector road is to gather traffic from local roads and
guide them to arterial roads designed to carry higher volumes of traffic and higher
speeds. The development of this south western portion of Courtice was designed to
function with Glenabbey Drive as a collector road within the overall road network;
. Don't want any development at all - This subdivision is located within the Urban
Area boundary for Courtice since the approval of the Durham Regional Official
Planning 1993 and the Clarington Official Plan in 1996. This development
application will complete Glenabbey Drive by connecting the existing east and west
segments. This will allow for the orderly completion of lands located between the
draft approved subdivisions to the north and east and existing residential
development to the west;
. What will happen to the existing valley just east of Prestonvale Road - The
existing valley located east of Prestonvale Road received approval from Central
Lake Ontario Conservation to be filled prior to submission of this application; and
. There is no potential for connection to the southerly abutting property in the
Future Urban Residential designation - Lands located to the south of this
application are designated Future Urban Residential. Until such time as these lands
are approved for development, a Neighbourhood Design Plan is generally not
undertaken. Thus, there are no street layouts, lotting patterns, parks or school
locations contemplated. Until such time as a Neighbourhood Des'ign Plan is
completed it would be premature to extrapolate a street pattern by stubbing future
road connections. It should be noted however that there is potential for road
connection as Street 'B' could continue south from Meadowglade Road in the future.
REPORT NO.: PSD-044-0B
PAGE 9
10.8 The draft plan as submitted includes lands owned by the Municipality of Clarington that
were previously conveyed for storm water management purposes. These lands include
a portion of Lots 57-66, Lots 85-86, Lot 118 and Blocks 190,191 and 192. The Owner
has satisfied the Municipality that these lands may be transferred back to private
ownership as they are not required for any current or future storm water management
purposes. The Municipality has begun work on the appraisal of the above-specified
lands for the Owner's purchase. The acquisition of these lands is contained as a
Condition of Draft Approval.
10.9 Since the public meeting held November 5, 2007, the applicant has been working on
revisions addressing concerns from agencies. A concern of Clarington Engineering
Services Department were the two storm water management facilities contained in the
abutting draft plan of subdivision that service this draft plan of subdivision. Staff
required information to ensure there was sufficient area being provided for the storm
water management ponds to provide gentle slopes (5:1) that do not require fencing.
Final revised plans and the additional information were received March 20, 2007. Once
this information was received, Staff were able to complete their review and prepare this
report and conditions of draft approval.
10.10 The Municipality of Clarington recently undertook a Financial Impact Study to review the
financial impact of development in Clarington. As a result of this study it was
determined that for development, meeting all other requirements, where the Owner
wishes to proceed prior to the Municipality approving the expenditure of funds for the
provision of certain works in a draft plan or external works or services in its capital
budget to service development, the Owner is responsible for 100% of all required works.
The Municipality will also not leverage the future finances of Clarington to repay the
developer the as-built costs at a later time. As such, the construction of Meadowglade
Boulevard, a Type 'C' Arterial, is 100% the responsibility of the Owner and is contained
as a condition of draft approval, should the Owner proceed in advance of the necessary
budget approvals from Council.
10.11 For this development Staff is recommending site specific zoning to implement
development standards with respect to lot coverage and garage projections. Concerns
have been raised previously that with narrow lot development, builders develop at or
close to the maximum lot coverage, thus requiring homeowners to obtain a minor
variance for the construction of a deck or shed. The zoning recommended suggests a
5% difference between lot coverage for the dwelling and total lot coverage for all
buildings and structures, thus leaving 5% lot coverage for homeowners to use for decks
or sheds.
10.12 The applicant has applied for a zoning by-law amendment in support of this application
and a proposed zoning by-law amendment is contained in Attachment 4. A holding
symbol shall be placed on the property until such time as the subdivision agreement has
been registered. Each proposed phase of development will require execution of a
subdivision agreement with the Municipality.
REPORT NO.: PSD-044-08
PAGE 10
10.13 The Owner and applicant have reviewed the Conditions of Draft Approval, and concur
with the conditions, requesting a minor revision as follows:
i) That Note 1, the timeframe for the lapse of Draft Approval be changed from three
years to five years. Staff concur with this request in light of the number of new
lots proposed and that phasing of the Draft Plan of Subdivision is proposed.
10.14 Inasmuch as this is an amendment to draft approval, a by-law authorizing staff to enter
into a subdivision agreement, a review of the original file indicates an authorizing by-law
was not approved. Thus, the By-law is attached to this report (Attachment 5).
10.15 Clarington Finance advises. that for the subject lands all taxes have been paid
satisfactorily.
11.0 CONCLUSION
11.1 The applications have been reviewed in consideration of the comments received from
circulated agencies, area residents, the Regional and Clarington Official Plan and
Zoning By-law. The Owner has concurred with the Conditions of Draft Approval as
contained in Attachment 3. In consideration of the comments contained in this report,
Staff respectfully recommend the proposed draft plan of subdivision contained in
Attachment 2 be APPROVED subject to all the Conditions of Draft Approval and that the
rezoning as contained in Attachment 4 be APPROVED.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Draft Plan
Attachment 3 - Conditions of Draft Approval
Attachment 4 - Zoning By-law Amendment
Attachment 5 - By-law Authorizing Subdivision Agreement
Interested parties to be notified of Council and Committee's decision:
708545 Ontario Limited
Sernas Associates
Hugh Neill
Chris Janusitis
Diane Decoe
Holly Moore
Intracorp
Attachment 1
To Report PSD-044-~
C
'"
-~ "0
~ a. $
z c. -e
w c: <(
== 0 >- ::i
8 ";) III
~ 0 :~ al 0
~z 1:
:s (")w c: '"
0 c>== "0 ~ -
(.) co.Q c:
C?< N ::J 0> 0
... 0 '"
.. ::;~ c>(I) (I) 8 "0 It)
:!: 10- - c "It
~5 ~ 0 U5 , '"
.... It)
c . c: - 0 -' co
0 <c>- I- '" Q 0 ~ 0
;; COii: Q) N Q) ....
.. E ,s
u mID ....~ ::> () ;;:
0 0
..J NO '" CI) CI) (I)
~ ~ .. D~~ c:
0 ~
.. --------- z 0
... 0
0
.. N
...
jjE
........L.-----GR I}R.
.,-~
/~._ i
1 ,
.)----- (fj ---
"
-.----5
.f---~ ~
r--{~I
r----I '----
, >
----~,-_.
,-1 r-
:----l r---
.1 ---"
'-,
I ~
~
-'$]
.
.
,
.
.
,
.
i~
II
!
-,
!
.1
~ ~~ ~!i ~~iiiiiiiiml! UI iiili.l.ll~.. ;1~1 ~.l' ToR
o !. ~I' . ....,...,., I 1}11:.... I 1:$ -
l!!l' ! ~9! Ii I" t, ...... .....
r ~~ ,~ " dftlt;.... it. :.!~iiJ1: l::l:~ c..
~~ : t:: I! I Sll!~l:::: 1- :!ii' j, ~! hi! ~r..-
~t~~!~! ~~ ~~i!~ll f Iii m!mli'i!jl~III~~~' r
i ~~ i ! -Ii!'I"1o fll. ~ ~
I I 'Of I ~.' f I 0::
~~ IIi' !I!!I'I hili! II m f);
;=
~ ~l II 'I 'Ii 1~1Ii1 "16 II i!-'
~~ I' ~ ~ i. . .~~" ~;"" ~ II
illl! ,I ,'~ I~i'~ ~lli :!Ii;;;ll I~!
\ '!"II"" liIIl
.. I I.' I
. I ill III
'" · I. Z!
~ ~!~.:. ~~
~ ~~'!~I ~. I"'. .
~Jlhl ~~,
11~li~,I;~i .
. Ifli~lif~~ ~
SI.I~ .1
L-'r_J J---l
~--l--~ i--i
1-+-' I I
c=:;:=J ,--i
L_,_~ t~j
'--_+-:--1 t-'::--'
I II .. I .. I
U ! ~ ~-,
3~vnOs~6~~~;ot:;~.;.;;;;.-'-T~ i! II
":.,. --r- T -, ~ r. ;.:.r-:l-.-.-.-.-+-..,: :! I
. I, I. I' I:::> '1*1 I I ! I
f- ~..J. -r _ h SJ IOlX>rN 'ON .WSNI rl:IOI/n't 'ON. '1
'I'~' ~~:(.. .1.. ...1,1,,1,1. .. II
L-,i "'ill- ~I: .. _. TiCl:l: 'I
Gi''tl'RI~ .J.. II .
......-'" ./ I{' --.!..' ~ ~ II 1
1---1 .......---:~.. I g
'L"'~:P: ~ I ~ I
- - - --I tJ L - ~ ... Iii I I
.: L -=- -i & 1 . + : : 1.1 I ~ I
,[ , 1""-;- ~ 1.+- Ilii 1 I
,--r'I~I~ I":: =t= .1 \~, ~ 1
--r-l"f--.-~ :+- ~ I
-J--=-,"L-~~ '; ID'~ ,..- i
L-' J':L q ~ ,,,,IJ
~ - -/ 0 I I . Ii"
~tj-'~L .." ~~~:~\:. I~ :1
-,-_'_J \:..._! n. ,.;\.\~ ih ~ i
Tr-,~~ Iii :: ;;~ ~ -;~\. '\ l!qft~
I . I . \ ' ~. ~ i~_
~ 1 JI J; .... . . ... n,.!
i ! I ..~; ~ 0 "'I0~\.~~I~'( 0<>:'\':1.\;\" II!~
_1_____ ~ _ ~ ::"~. \'3:?1~ .~,\..\.. Ii
-- l! :/,:i\I.A\. ..:. .'~ ;-:-..\\
-,TT,r-r- W'f~' ~i\I~. ....-::...,,1 \\
'1'1'1'1'1' ,r-- "'. ."~ .~..
-I+~~L 'i?': '~ '~~I]'.~I /., t~' \\
I, I' I. I' . >~ · , · '~. ! 1 I ".'" _ ~
I Ll..' JI; - / Ir . I I .. :;"--..c;j)'<).
- - ~ ,,<'~.,...;. I '\ IS! ~ ~...
.'TI-I~ ,\' ,'.' E,'. "II~' .~~ ,\1,1
1:)' I'I'I~ ~t!. v.H. ~'" :,Y i~~ >- '
- -. f . , '. ,I' · ,'\C" . . ~~!H-...? .. '--. ~
::.- · : .. ---__i't__ ~___
!:l::j"l!lll:;/ 1IJ l:;?:~ I, 11_
( ) ";I"~"dl---" ~ ! I' . il ". "f)[Il- ~
...,.. ~-:: I;~ltl'........\.__ ..
Jlliiiiii =t~~ -: !!r;'" ~ ~j-..E;:Jr.'~~ ~ -" -
-=-'::.:::':::8!!..~"--i . ~!--T- I'N'I,f,I.i~~~--~
-~-""-l-- --- --?~':!'_--.:..--PI---.!...- 1-.../_ r "'1'
I .-rr~r>- .o;;--<~I,,-' '. "
'I 1-~-.J2...li~~:::::-...; ""'II
I II :-- J"""-- ~-~'3 '7~' .. ~ II II '" r-,
I ' 1 ;---=--.,...!::._l1rN / Itj~.
I I L_u" -~~ S :3 "
I I 1 L1 I L__~ r:f ~ ..
---...... , I I --::I
! L J t_~~.j r===J ,~~.I ~LW-I I I 1 I I
I -,- Lu_' ~---t: \ 1 1 H-t-/.,L,J,_
-uk \ , . III I II I
~
.
"
A
~
~
~
.
,
z
~
~
d
i~
I
---.
rrr
Attachment 2
eport PSD-044-08
Attachment 3
To Report PSD-044-08
CONDITIONS OF AMENDMENT TO DRAFT APPROVAL
Part Lots 32 and 33, Concession 2, former Twp. of Darlington
File No.: 18T-95028
PLAN IDENTIFICATION
1. That the Conditions of Draft Approval issued December 23, 1999 for Plan of Subdivision
application 18T-95028 be WITHDRAWN and REPLACED with the following.
2. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision 18T-95028 prepared by Sernas Associates identified as project number
(project 95005P), as revised December 2007 and further red-lined, which illustrates 188
single detached units, a residential block for 37 townhouse units, 3 partial lots for
residential development, a parkette block, a park block, 3 blocks for storm water
facilities, three 0.3 metre reserve block, a reserved by owner block, roadways and road
widenings. The red-line revisions shall include:
i) The west boundary of Block 198, storm water management facility, shall be
aligned with Street D, to include the same area, 2.231 ha, more or less; and
ii) The revised lot frontages of Lots 8,15,16,18,59,62,134,135,160,161,162
and 163.
3. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
4. 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.
5. The Owner shall grant to the Region of Durham, any easements required for provision
of Regional services for this development and these easements shall be in locations
and of such widths as determined by the Region of Durham.
6. The Owner shall agree in the Municipality of Clarington subdivision agreement to
implement the recommendations of the report, titled "Noise Impact Study - Springfield's,
Phase III", dated July 2007, by Sernas Associates, which specifies noise attenuation
measures for development. The measures shall be included in the subdivision
agreement and must contain a full and complete reference to the noise report (ie.
Author, title, date, and any revisions/addenda) and shall include warning clauses
identified in the study.
7. 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 development external to this subdivision. Such sanitary sewer and water
supply facilities are to be designated and constructed according to the standards and
requirements of the Region of Durham. All arrangements, financial and otherwise for
said extensions are to be made to the satisfaction of the Region of Durham, and are to
completed prior to final approval of this plan.
8. 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 of Durham concerning the
provision and installation of sanitary sewers, water supply, roads and other regional
services.
9. 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.
10. The Owner shall submit plans showing the proposed phasing to the Region and the
Municipality of Clarington for review and approval if this subdivision is to be developed
by more than one registration. The Municipality shall require the preparation of a
separate subdivision agreement for each phase of development.
11. The Owner shall obtain municipal approval of the zoning for the land uses shown on the
approved draft plan in accordance with the provisions of the Planning Act.
12. 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.
13. The Owner shall submit a detailed tree preservation plan to the satisfaction of the
Municipality of Clarington. No trees shall be removed and no site grading commenced
until such time as this program has been approved except as authorized by the
Municipality.
14. 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.
15. The Owner shall be 100% responsible for the cost of the "Control Architect" to review
and approve all proposed models and building permits, to the satisfaction of the Director
of Planning Services.
16. The Owner agrees that no residential units shall be offered for sale to the public on said
plan until such time exterior architectural design of each building has been approved by
the Director of Planning Services.
17. The Owner agrees that no building permit shall be issued for the construction of any
building on any residential lot or block on said plan, until the exterior architectural design
of each building and the location of the building on the lot has been approved by the
Municipality of Clarington.
18. 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 Blocks" will be
undertaken. All part lots will be pre-serviced with water, sanitary and storm sewers.
Further, the Owner agrees that until such time as the necessary lands are acquired to
complete Blocks 190 to 192 inclusive, these lands shall be graded and seeded.
19. The Owner agrees to dedicate Blocks 194 and 195 for park purposes.
20. The Owner shall prepare a conceptual park 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 Director of Engineering Services.
21. The Owner is required to provide the park sites, Blocks 194 and 195, graded in
accordance with the park concept plan for the subdivision, and shall include storm water
servicing. Further the park sites must be fenced and seeded with a minimum cover of
200 mm of topsoil. Servicing such as hydro, sanitary sewer and water should be
stubbed at the property line along the park frontage.
22. The Owner shall convey a 5.75 metre road widening (Block 199), along Prestonvale
Road to the Municipality of Clarington for the purpose of widening Prestonvale Road.
23. The Owner agrees to dedicate Block 196 for storm water control and open space
purposes, Block 197 for a storm water facility and Block 198, as red-line revised, for a
storm water facility.
24. Any land transfers that will be necessary to facilitate the creation of Lots 57-66 inclusive,
Lots 85-86, Lot 118 and Blocks 190-192 inclusive, as well as the development of the
subdivision, must be completed to the satisfaction of the Municipality of Clarington, prior
to the final approval of this plan.
25. The Owner agrees that no direct access shall be permitted to Meadowglade Road from
Lots 15,16,58,59,135,136,160,161, and 188.
26. The Owner shall provide and install sidewalks, street lights, temporary turning circles
etc. as per the Municipality's standards and criteria.
27. The Owner agrees, that in conjunction with the development of this plan of subdivision,
to construct Glenabbey Drive from the west limit of this plan of subdivision westerly to
connect with Prestonvale Road. The phasing of the development of this plan of
subdivision will incorporate the construction of Glenabbey Drive from the west limit of
this plan of subdivision westerly to connect to Prestonvale Road. The phasing of this
will be dependant on the vehicular and construction access needs of this development
and will be determined at the engineering stage and shall be at the sole discretion of the
Director of Engineering Services.
28. Meadowglade Road must be constructed, as a Type 'C' Arterial Road, to Prestonvale
Road from the easterly limit of the draft plan. Temporary turning circles may be required
depending upon the phasing of the development. The need for any additional
temporary turning circles and frozen lots will be determined at the engineering stage
solely at the discretion of the Director of Engineering Services.
29. The Owner agrees 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:
. The construction of Meadowglade Road, as a Type 'C' Arterial from
Prestonvale Road to the easterly limit of this draft plan of subdivision.
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.
30. The Owner will be required to provide securities in the amount of 100% of the cost of
constructing Meadowglade Road as a Type 'C' Arterial 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
Meadowglade Road will be 100% the responsibility of the Owner.
31. The Owner agrees that in conjunction with the development of this plan of subdivision,
the Owner is responsible for the removal of the existing temporary turning circle at the
existing limit of Glenabbey Drive. The Owner must reconstruct the intersection of
Glenabbey Drive and Street "B" to an urban standard, including asphalt paving, curb
and gutter, boulevard sodding, sidewalks, street lighting and street trees.
32. The Owner agrees that in conjunction with the development of this plan of subdivision,
the Owner is responsible for the removal of the existing roadworks at the existing
intersection of Granville Drive and John Walter Crescent. The Owner must reconstruct
the intersection of Granville Drive, John Walter Crescent and Wade Square to an urban
standard, including asphalt paving, curb and gutter, boulevard sodding, sidewalks,
street lighting and street trees.
33. The Owner agrees that the stormwater drainage works and facilities necessary for this
development must be constructed in accordance with the Robinson Creek Master
Drainage Study prepared by G.M. Sernas Associates and as finally approved by the
Director of Engineering Services.
34. The Owner agrees to prepare a Master Grading and Drainage Plan that details the
configuration of the on-site storm sewer system (minor system) and the conveyance of
the overland flow (major system) from this subdivision. Sheet flow onto adjacent
property will not be permitted.
35. The Owner agrees to provide a stormwater management implementation report, which
provides for the sequential construction of the storm water works necessary for the
entire watershed and addresses the impacts of developing this plan of subdivision in the
absence of the balance of the watershed. Any necessary land acquisitions or
easements must be identified at this stage of the project. This report shall be subject to
the approval of the Director of Engineering Services.
36. The Owner agrees to provide appropriate fencing along any property line of a residential
lot which is situated adjacent to Blocks 194, 195, 196 and 197 subject to the approval of
the Director of Engineering Services.
37. The Owner agrees to provide a walkway to the satisfaction of the Director of
Engineering Services between Block 195 and Block 51 on registered Plan of
Subdivision 40M-1709.
38. The Owner will be required to establish a geodetic benchmark in the vicinity of
Meadowglade Road and Prestonvale Road which will service as vertical control for the
proposed development. The Owner will be 100% responsible for the cost of establishing
this benchmark.
39. The Owner agrees to dedicate Block 193 free and clear of all encumbrances to the
Owner of Lot 41 on Registered Plan of Subdivision 40M-1669.
40. The Owner shall cause all utilities, including, hydro, telephone, cable television, etc. to
be buried underground for both primary and secondary services.
41. 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-2007-0009. This plan must be
approved by the Municipality of Clarington, and shall identify specific measures on how
development in Plan 18T-95028, 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.
42. 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
Emily Stowe Neighbourhood. This plan shall be consistent with the approved plan
prepared by the Owner of the Plan of Subdivision S-C-2007-0009. 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.
43. 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.
44. 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.
45. 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.
46. The Owner shall pay to the Municipality, the development charge in accordance to the
Development Charge By-law as amended from time to time, as well as payment of a
portion of front end charges pursuant to the Development Charge Act if any are required
to be paid by the Owner.
47. The Owner shall supply on disk, in a CAD format acceptable to the Municipality a copy
of the proposed Plan of Subdivision as Draft Approved and the 40M-Plan.
48. Prior to anyon-site grading or construction or final approval of the plan, the Owner shall
submit and obtain approval from the area municipality and Central Lake Ontario
Conservation Authority for reports describing the following:
a) 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 Robinson
Creek Master Drainage Plan and approved addendums;
b) the anticipated impact of the development on water quality, as it relates to fish
and wildlife habitat once adequate protective measures have been taken; and
c) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with the
Provincial Guidelines. The report must outline all actions to be taken to prevent
an increase in the concentration of solids in any water body as a result of on-site
or other related works, to comply with the Canada Fisheries Act.
49. That prior to final approval of the plan, the Owner shall submit and obtain approval from
the Central Lake Ontario Conservation Authority, for a report and detailed design
drawings which show that no residential lots or roadways are impacted upon by
stormwater flows to be conveyed through Block 196. This report and plans shall also
show any works to be carried out on the existing stormwater detention pond.
50. The prior to final approval of the plan, the Owner shall submit to and obtain approval
from the Central Lake Ontario Conservation Authority of detailed design drawings for the
proposed water quality facility in Block 197. The Owner must also obtain land tenure
over any lands on which the proposed facility is to be constructed.
51. 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.
52. 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 (Le.,
911 Emergency Services).
53. The Owner shall agree in the Agreement, in words satisfactory to Bell Canada, to grant
to Bell Canada any easements that may be required for telecommunication services.
Easements may be required subject to final servicing decisions. In the event of any
conflict with existing Bell Canada facilities or easements, the owner/developer shall be
responsible for the relocation of such facilities or easements.
54. The Owner agrees to co-ordinate the preparation of an overall utility distribution plan to
the satisfaction of all effected authorities.
55. 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.
56. The Owner shall ensure that all natural gas distribution systems are installed within the
proposed road allowances.
57. 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.
58. 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.
59. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain, among other matters, the following provisions:
a) 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, 1997.
b) The Owner agrees to carry out the works referred to in Conditions 48,49, 50 and
51 to the satisfaction of the Central Lake Ontario Conservation Authority.
c) 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.
d) The Owner agrees to advise the Central Lake Ontario Conservation Authority
48 hours prior to commencement of grading or the initiation of anyon-site works.
e) The Owner agrees to register on the title of all lots a notice to indicate that both
the present Owner(s) and future Owner(s) are fully aware of the existence of
farming operations nearby and will not object, complain or seek legal action
against such nuisances as noise and odour resulting from normal farming
practices.
60. 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:
a) Durham Region Planning Department, how Conditions 5, 7, 8, 14 and 58 have
been satisfied;
b) Central Lake Ontario Conservation Authority, how Conditions 48, 49, 50, 51 and
59 b), c), and d) have been satisfied;
c) Bell Canada how Conditions 52 and 53 have been satisfied; and
d) Enbridge Gas how Conditions 54, 55 and 56 have been satisfied.
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within five (5) 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:
a) Durham Region Planning Department, 605 Rossland Road East, PO Box 623,
Whitby, ON L 1 N 6A3 (905) 668-7721;
b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario, L1H 3T3 (905) 579-0411;
c) Bell, Development & Municipal Services Control Centre, Floor 5, 100 Borough
Drive, Scarborough, ON M1P 4W2; and
d) Enbridge Gas Distribution Inc. P.O. Box 650, Scarborough, ON M1 K 5E3
THE 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 former Town of Newcastle
WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town
of Newcastle to implement 18T-95028 and ZBA2006-0039;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. "Section 13.4.58 URBAN RESIDENTIAL EXCEPTION (R2-58) ZONE
Notwithstanding Sections 3.1 i) iii), 13.2 a), b), c) i), ii), iii), e), and h) those lands
zoned R2-58 on the Schedules to this By-law shall be subject to the following
regulations:
a) Lot Area (minimum)
b) Lot Frontage (minimum)
i) Interior Lot
ii) Exterior Lot
c) Yard Requirements
i) Front Yard
300 square metres
10 metres
13 metres
6.0 metres to private garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
Exterior Side Yard 6.0 metres to private garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
Interior Side Yard
with private garage or carport
1.2 metres on one side,
0.6 metres on the other side
without private garage or carport,
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) Driveway width (maximum) 4.6 metres
f) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings first floor 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.
Section 13.4.59 URBAN RESIDENTIAL EXCEPTION (R2-59) ZONE
Notwithstanding Sections 3.1 i) iii), 13.2 a), b), c) i), ii), iii), e), and h) those lands
zoned R2-59 on the Schedules to this By-law shall be subject to the following
regulations:
a) Lot Area (minimum)
b) Lot Frontage (minimum)
i) Interior Lot
ii) Exterior Lot
c) Yard Requirements
i) Front Yard
330 square metres
11 metres
14 metres
6.0 metres to private garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
Exterior Side Yard 6.0 metres to private garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
Interior Side Yard
with private garage or carport
1.2 metres on one side,
0.6 metres on the other side
without private garage or carport,
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 first floor 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.
Section 13.4.60 URBAN RESIDENTIAL EXCEPTION (R2-60) ZONE
Notwithstanding Sections 3.1 i) iii), 13.2 a), c) i), ii), iii), e), g), and h) those lands
zoned R2-60 on the Schedules to this By-law shall be 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
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 metres on one side,
0.6 metres on the other side
without private garage or carport,
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 first floor front wall or exterior side wall or
covered porch projection.
f) Height (maximum)
i) 1 Storey dwelling
ii) All other residential units
8.5 metres
10.5 metres"
Section 12.4.61 URBAN RESIDENTIAL EXCEPTION (R2-61) ZONE
Notwithstanding Sections 3.1 i) iii), 13.2a, b i), ii), c) i), ii), iii), and e), the lands
zoned R2-61 on the Schedules to this By-law shall be subject to the following
regulations:
a) Lot Area (minimum)
b) Lot Frontage (minimum)
i) Interior Lot
ii) Exterior Lot
c) Yard Requirements
i) Front Yard
270 square metres
9 metres
12 metres
6.0 metres to private garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
Exterior Side Yard 6.0 metres to private garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
Interior Side Yard
with private garage or carport;
1.2 metres on one side,
0.6 metres on the other side
without private garage or carport;
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) Driveway width (maximum) 4.6 metres
f) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings first floor 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."
2. Schedule "4" to By-law 84-63 as amended, is hereby further amended by
changing the zone designation from:
"Agricultural (A)" to "Environmental Protection (EP) Zone';
"Holding - Urban Residential Exception ((H)R3-20)" to
"Holding - Urban Residential Exception ((H)R2-59) Zone';
"Holding - Urban Residential Exception ((H)R3-20)" to
"Holding - Urban Residential Exception ((H)R2-60) Zone";
"Holding - Urban Residential Exception ((H)R3-20)" to
"Holding - Urban Residential Exception ((H)R2-61) Zone";
"Holding - Urban Residential Exception ((H)R1-45)" to
"Holding - Urban Residential Exception ((H)R2-59) Zone";
"Holding - Urban Residential Exception ((H)R1-45)" to
"Holding - Urban Residential Exception ((H)R2-60) Zone";
"Holding - Urban Residential Exception ((H)R1-45)" to
"Holding - Urban Residential Exception ((H)R2-61)Zone";
"Holding - Urban Residential Exception ((H)R2-24)" to
"Holding - Urban Residential Exception ((H)R2-59) Zone";
"Holding - Urban Residential Exception ((H)R2-24)" to
"Holding - Urban Residential Exception ((H)R2-60) Zone";
"Holding - Urban Residential Exception ((H)R2-24)" to
"Holding - Urban Residential Exception ((H)R2-61) Zone";
"Urban Residential Exception ((H)R2-24)" to "Holding -
Urban Resi dential Exception ((H)R2-60) Zone";
"Urban Residential Exception ((H)R2-24)" to "Holding -
Urban Resi dential Exception ((H)R2-61) Zone';
"Holding - Urban Residential Exception ((H)R1-47)" to
"Holding - Urban Residential Exception ((H)R2-60) Zone';
"Holding - Urban Residential Exception ((H)R1-47)" to
"Holding - Urban Residential Exception ((H)R2-61) Zone";
"Holding - Urban Residential Exception ((H)R1-47)" to
"Holding - Urban Residential Type Three (R3) Zone";
"Holding - Urban Residential Exception ((H)R2-24)" to
"Holding - Urban Residential Type Three ((H)R3)"; and
"Holding - Urban Residential Exception ((H)R3-20)" to
"Environmental Protection (EP)".
as illustrated on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of the By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 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
This is Schedule
passed this
II A"
to
of
By-law
2008-
2008 A.D.
,
day
,
. . .
~ <9 ~
~ CD . ~ . .
~ <9 ~ ~ '" '"
I09~CN "ON 'w..SNI 0:: 0::
~ ~ ~ ~~ ~ ~
~ ~ u
R U . ;:- . . . .
~ . ." 5 ~ ~ ~ ~ ~
>- <;
C Q. . ~ . . . ~
3AlliQ 311/AN'tliD ::> '0 r- .... 0 r-
'c "'t ~ ~ "'t '"
>. . , 1&1
, n: .... ~ '" ~ ~
" ::> '" 0:: 0:: U
u ~ ~ ~ ;:- ;:- ~
E .; -
u "E . l;:
~ c E E E E E E
.. CD
. E e e e e e e ;:)
"; .J u.. u.. u.. u.. u.. u.. 0
:B CD CD CD CD CD CD
0> 0> 0> 0> 0> 0> U
c c c c c c c
Q, '" '" '" '" '" '"
.r:; .r:; .r:; .r:; .r:; .<::
U U U U U U
0> 0> 0> 0> 0> 0>
c c c c c c
'E 'E 'E 'E 'E 'E
0 0 0 0 0 0
N N N N N N
~mm~ml
,
,
,
. . . . . .
en 0 0 0 0 ~
'" ~ ~ CD CD ~
, b , ,
~~~ ~ ~ ~ ~
~~~ ~ ;: ;: ;:
. . . ~
~ ~ ~ 0 0 0
. l- I- l-
. rn f.- ~ . . .
0 .... 0 '"
~ "'t "'t ~ '" "'t
. c:,
'" n: n: .... ~ n:
0:: '" 0::
~ ~ ~ N ~ ~ ;:-
0::
. . . . . .
E E E E E E E
e e e e e e e
u.. u.. u.. u.. u.. u.. u..
CD CD CD CD CD CD CD
0> 0> 0> 0> 0> 0> 0>
C C C C C C C
'" '" '" '" '" '" '"
.r:; .r:; .r:; .r:; .r:; .r:; .r:;
u u u u u u U
0> 0> 0> 0> 0> 0> 0>
C C C C C C c
'E 'E 'E 'E 'E 'E 'E
0 0 0 0 0 0 0
N N N N N N N
~o~ml~o
"-
~
men
'" '"
~ ~
~~
. .
~ ~ ~
o . "- . . .
SNr ~ 0 '" ....
~ '" "'t '"
~ c:, n: ~
tt 0::
~ :.: ~ . ~ ~
. . :.: n: . .
lL E E E E
~ ~ w e e . e e
. c c
c u.. u.. 'OJ 'OJ u.. u..
- --.:::-~ 'OJ CD CD E E CD CD
~---~ -- . E 0> 0> & CD 0> 0>
CD C c 0:: c c
r -- 0:: '" '" '" '"
T-)- - .s .r:; .r:; ~ ~ .<:: .<::
U U U u
I r - --j Ij -PRESTONVALE 0> 0> 0> 0> 0> 0> 0>
C C C C C C c
ROAD 'E 'E 'E 'E 'E 'E 'E
r---j f-- 0 0 0 0 0 0 0
--1 f-----j I--J N N N N N N N 857
f-----j I--l IlmlOl1
Attachment 5
To Report PSD-044-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-_
being a By-law to authorize entering into an agreement with the Owners of draft plan
18T-95028, any Mortgagee who has an interest in the said Lands, and the. Corporation
of the Municipality of Clarington in respect of 18T-95028
WHEREAS, the Owner(s) of Draft Plan of Subdivision 18T-95028 is now ready to proceed to
finalize the Subdivision Agreement;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
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 between the Owner(s) of Draft Plan of Subdivision 18T -95028.
2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality
of Clarington, the said 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