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HomeMy WebLinkAboutPSD-076-08 Cl~glOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, July 7, 2008 ~\u.~Oi)*~f-A-'tlq-og' Report #: PSD-076-08 File #: S-C-2006-0002 By-law #: COPA2006-0003 & ZBA2006-0029 Subject: APPLICATION FOR PROPOSED DRAFT PLAN OF SUBDIVISION, OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT APPLICANT: BARR'S DEVELOPMENTS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-076-08 be received; 2. THAT the Clarington Official Plan be amended as shown in Attachment 3 to permit a minor expansion to the Bond Head Rural Cluster as proposed by the application submitted by Barr's Developments Limited, and that the necessary by-law be PASSED; 3. THAT the application for proposed draft Plan of Subdivision S-C-2006-0002 submitted by Barr's Developments Limited be APPROVED in principle, subject to the conditions as contained in Attachment 5, and that the Director of Planning Services not be authorized to issue draft approval until such time as the Darcy Street road allowance conveyance has been finalized; 4. THAT the Zoning By-law Amendment application submitted by Barr's Developments Limited be APPROVED, as contained in Attachment 6; 5. THAT the By-law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2006-0002 and the Municipality of Clarington be approved as contained in Attachment NO.7 and forwarded to Council for approval; 6. THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of this report and Council's decision; and 7. THAT all interested parties listed in this report and any delegation be advised of Council's decision. REPORT NO.: PSD-076-08 PAGE 2 Submitted by: David . Crome, M.C.I.P., R.P.P. Director of Planning Services SNCP/df/av/sn July 2, 2008 Reviewed bY:() ~ 0 c:fAJ1< 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-076-08 PAGE 3 1.0 APPLICATION DETAILS 1 .1 Agent: D.G. Biddle & Associates Ltd 1.2 Owner: Barr's Developments Limited 1.3 Official Plan Amendment: To permit a minor expansion to the Rural Residential Cluster of Bond Head. Plan of Subdivision: Residential plan of subdivision consisting of eight (8) single detached dwellings. Zonina Bv-Iaw Amendment: To rezone the subject lands from the "Agricultural Exception(A-1) Zone" to an appropriate zone to permit the expansion of the rural cluster of Bond Head to include eight (8) additional residential lots. 1.4 Site Area: 4.492 ha 1.5 Location: The subject lands are located in the Rural Cluster of Bond Head located east of Newcastle Village (Attachment 1). The property is contained within Part Lot 27, Broken Front Concession, in the former Township of Clarke. 2.0 BACKGROUND 2.1 On October 18, 2006, Barr's Developments Limited submitted three (3) applications to the Municipality of Clarington for the development of nine (9) residential lots. A Planning Report and Hydrogeological Assessment Report accompanied the application. In accordance with Regional policy, a peer review of the hydrogeological report was undertaken. 2.2 In response to a request from Clarington Engineering Services and Ganaraska Region Conservation Authority through the circulation process, a Preliminary Stormwater Drainage Report was also submitted. These are summarized in Section 7.0 of this report. 2.3 The applicant has amended the application to reduce the number of lots to eight (8), based on a personal decision, not a requirement based on the findings of a requisite study. 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is currently vacant and has frontage along Queen Victoria Street, Park Lane and Boulton Street. The property is a greenfield site that has previously been used for agriculture. REPORT NO.: PSD-076-08 PAGE 4 3.2 Surrounding Uses: North: South: East: West: vacant agricultural lands single detached dwellings in the rural cluster single detached dwellings in the rural cluster single detached dwellings in the rural cluster 4.0 PROVINCIAL POLICY 4.1 The proposed subdivision application is not within the Greenbelt. However, the Growth Plan (2006) and the Provincial Policy Statement (2005) are applicable provincial policy for this application. The subject lands are affected by the Agricultural and Rural Area policies of the Growth Plan. Both the Growth Plan and the Provincial Policy Statement promote the better use of land and infrastructure. Provincial Policy Statement The Provincial Policy Statement permits limited residential development in rural areas and states that development shall be appropriate to the infrastructure which is available. It shall also avoid the need for the unjustified or uneconomical expansion of infrastructure, and development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. The applications are consistent with the Provincial Policy Statement. Growth Plan The Growth Plan states that population growth will be accommodated by directing development to settlement areas. Settlement areas include rural settlement areas, in this instance a rural cluster, where development is concentrated. If the lands have not been designated in the Official Plan for development over the long term, the settlement area may be no larger than the area where development is concentrated. The Growth Plan also states that new multiple lots and units for residential development may be allowed in rural areas in site-specific locations with an approved designation that permits this type of development in a municipal official plan, effective at the date of the Growth Plan (June 16, 2006). Bond Head is. a Rural Residential Cluster that is permitted to accommodate up to a maximum of 50 residential lots. Although the specific lands are not zoned, the policy is in place to permit the limited growth of the cluster. As the subject lands will be serviced by an existing municipal water service and accessed by existing municipal roads, staff finds the applications to make efficient use of existing infrastructure. Although the application is an expansion to the rural cluster, the expansion is an infill between two existing portions of the rural cluster (Attachment 2). The applications do not seek to expand the cluster beyond the area where development is concentrated. Staff finds the applications in conformity with the Growth Plan. REPORT NO.: PSD-076-08 PAGE 5 5.0 OFFICIAL PLAN 5.1 Durham Reaional Official Plan The subject lands are designated "Waterfront Area" in the Durham Regional Official Plan. The Regional Plan also recognizes Bond Head as a rural residential cluster. Lands designated "Waterfront Area" require that development shall not negatively impact key natural heritage or hydrologic features. Development shall also make provision for public access to the waterfront. The provisions for the Bond Head rural cluster, to contain a maximum of 50 lots, was deleted through Amendment 114, the amendment implementing the Durham Regional Official Plan Review. However, the Region considers this application as an expansion or filling - in between the existing portions of the rural cluster. 5.2 Clarinaton Official Plan The lands are designated "Waterfront Greenway" in the Clarington Official Plan and are located adjacent to the Rural Residential Cluster of Bond Head as defined in the Zoning By-law. The Rural Residential Cluster policies state that no expansion to the limits of Cluster are permitted once the area of the Cluster has been defined through the Zoning By-law. The owner has submitted an application to amend this policy. There is also a specific policy within the Clarington Official Plan that states a maximum of 50 residential lots is permitted in the Rural Residential Cluster of Bond Head, that the lots shall be in the form of infilling, shall be connected to the municipal water supply system and shall have a minimum lot area of 2,500 m2. The application provides for infilling of the existing cluster development, although not within the existing cluster limits. The lots will be connected to the municipal water supply and all lot areas will be greater than 2,500m2 6.0 ZONING BY-LAW 6.1 The subject lands are currently within the "Agricultural Exception (A-1) Zone". The applicant has applied to rezone the property to permit the proposed subdivision development. The recommendations of the report support a rezoning to implement the proposed draft plan of subdivision. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Plannina Justification Report. D.G. Biddle & Associates Ltd.. October 2006 The Planning Analysis concluded that the application is consistent with the Provincial Policy Statement, that it conforms with the Growth Plan, the Regional Official Plan, and the general intent and requirements of the Clarington Official Plan. REPORT NO.: PSD-076-08 PAGE 6 Clarington Planning Staff have reviewed this report and find that the Growth Plan policies were not addressed. However, staff and Regional Planning's review of the Growth Plan concludes that the applications do conform with the Growth Plan. 7.2 Hvdrooeolooic Assessment Report, Geo-Looic Inc.. Auoust 2006 This study was conducted to define the prevailing conditions at the site including sub surface soil stratigraphy, recharge availability, ground water movement and local hydrochemistry. From these findings the report evaluated the suitability of the planned development and assessed anticipated impacts on groundwater resources. The report also analyzed the potential impact of nitrate loading from the planned development as it will be serviced by private septic systems. The Report concluded there would be no significant impact on down-gradient baseline water quality functions and there will be a negligible impact on the existing baseflow conditions on the water quality of the principal aquifer system. The Region of Durham Planning Department facilitated a peer review of the report, which was conducted by their consultant, Hydroterra Limited. Their consultant concluded that the Report was accurate and that the original proposed development for nine (9) lots could proceed as planned. 7.3 Preliminarv Stormwater Drainaoe Report. D.G. Biddle & Associates Inc., April 2008 This report was generated to address requirements of the Municipality of Clarington and Ganaraska Region Conservation Authority with regards to stormwater management. Currently stormwater is conveyed to Lake Ontario via municipal ditches and an existing 800 mm CSP culvert below Boulton Street. The Owner is proposing that the development will be drained via positive graded surfaces of the planned lots, to a proposed swale and then to the Boulton Street roadside ditch. The addition of the swale will provide not only conveyance of the stormwater, but also infiltration and cleansing of stormwater, prior to reaching the Boulton Street ditch. The culvert below Boulton Street will be twinned to ensure that storm events are adequately handled. This report has been reviewed by both Clarington Engineering and Ganaraska Region Conservation Authority and they both found it satisfactory. 8.0 PUBLIC NOTICE AND SUBMISSION 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 Queen Victoria Street, Park Lane and Boulton Street frontages. 8.2 A number of inquiries and concerns were both heard at the Public Meeting and received by staff regarding this application. Their comments include: . Loss of agricultural lands; . Danger to tree line along road allowances, George Manners road allowance functions as a wildlife corridor, negative impact on shoreline, lake and waterfront trail. REPORT NO.: PSD-076-08 PAGE 7 . Increase in traffic, construction noise, length of time of construction, impact on ground water, having infrastructure in place prior to development (C.N.R underpass), and costs of construction to residents. . Will George Manners road allowance be closed? Will Darcy Street road allowance be closed? Will the developer pay all costs to close and purchase it? . New construction should complement tone of community. . Density too high, how many lots are in the cluster, future development on three vacant municipal lots, assurance there will be no further development in Bond Head. . Is there adequate water supply? Could there be an extension of waterline along Lakeshore Road outside of cluster? Further discussion on these comments 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 applications to be in conformity with the Regional Official Plan and is exempt from Regional approval. They have provided conditions of draft approval for the subdivision that will need to be complied with prior to clearance by the Region for registration of this plan. 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. The Municipality will not be extending sidewalks to this area and Planning has advised the School Board of this. 9.5 Ganaraska Region Conservation Authority, Enbridge Gas and Bell Canada have no objection to the application and have provided conditions of draft approval for the proposed plan of subdivision. 9.6 Clarington Engineering Services has reviewed the application and generally finds the proposed development acceptable. Their conditions and requirements are contained in the Conditions of Draft Approval. 10.0 STAFF COMMENTS 10.1 The application has been revised from what was originally submitted and advertised at the public meeting and is now for the development of eight (8) residential lots in the Rural Residential Cluster of Bond Head. The proposed dwellings will all be single detached homes, serviced by municipal water and private septic systems. Each lot will REPORT NO.: PSD-076-08 PAGE 8 be accessed from an existing municipal street - Boulton Street, Park Lane or Queen Victoria Street. 10.2 Bond Head is a cluster with an unusual geography and history. Typically clusters are located at the intersection of two crossroads and the dwellings would be clustered on one or more quadrants of the intersection. Bond Head currently is in the shape of a backwards "J" with a parcel of agricultural land in the middle. These applications seek to fill in the centre of the "J" shape with eight (8) additional residential lots. Attachment 2 illustrates the currently zoned limits of the Rural Residential Cluster of Bond Head which contains 40 existing lots, and potential for a total of 42 lots within the existing limits. 10.3 Due to the proximity of the existing cluster on the east, west and south sides of the subject lands, there are limited agricultural uses permitted. 10.4 Municipal water service is available in Bond Head and Durham Regional Works Department has stated that there is capacity in the existing pipe for these proposed lots. The applicant will be required to enter into a separate agreement with the Region for the extension and connection of the water service to these lots. 10.5 Each lot will be individually serviced by a private septic system. As noted previously in Section 7, these lands can accommodate the original nine (9) lots proposed when the application was submitted. As there were numerous concerns regarding the development's impact on the soils and ground water flow brought forward at the Public Meeting for these applications, Clarington conducted an Open House. The Open House was held at the Newcastle Town Hall on January 10th, 2008, for all the resident's notified of the application through the initial circulation and any other interested parties. The applicant, his engineer, the author of the Hydrogeologic Assessment Report and Municipal Staff were there to answer questions. Generally, all residents were satisfied with the information presented. 10.6 This cluster is a historical settlement with homes dating back to the late 1800's. Given the heritage character of the area, the Clarington Heritage Committee stated that the developer should design dwellings in the architectural style of the existing dwellings. A condition of draft approval has been included that the development shall prepare a Community Theme and Architectural Design Guidelines Plan to implement building placement, orientation and architectural features on the dwellings. This Plan will be binding on all successor owners of these lots. 10.7 To unify the new residential lots with the existing rural cluster development, staff is using zoning standards to control lot frontage and area. Each new lot will be a minimum of 4200 m2 (1 ac) in area with 45 metres of frontage. Also, the front and exterior side yard setbacks have a minimum and maximum setback for porches, dwellings and attached garages. The introduction of a maximum front yard setback ensures that dwellings will have a street front presence, rather than appearing as individual estate properties with the dwellings set a long distance from the street. Attachment 6 contains the recommended amending zoning by-law. REPORT NO.: PSD-076-08 PAGE 9 10.8 The Municipality has acquired three waterfront lots to expand the existing Bond Head Park. The Master Plan for the expanded park will be developed shortly before its anticipated construction in 2013. As the park is further developed and used, it is anticipated that there will be a need for additional parking for peak periods. Providing this parking on the waterfront lands would diminish the limited land available on the waterfront for the public. It has been the intention to acquire additional lands for parking on the north side of Boulton Street for this purpose. The amount of parking required is not quantified and would be determined by the type of programming going on at the waterfront. In the Public Meeting report on this application, staff identified that it would be reviewing park land requirements in the area. Planning and Engineering staff determined that a linear parking area could be achieved with a widening to the existing George Manners Street road allowance by 14 m adjacent to lot 8 of the proposed plan of subdivision. This would allow for two rows of parking and a drive aisle for access while maintaining any mature trees and providing an area for the Municipality to plant a good vegetative buffer on either side. Under the Planning Act, the applicant is required to dedicate 5% of the land within a plan of subdivision for park purposes, or the equivalent of 0.22 of a hectare (0.56 of an acre.) The proposed 14 m widening of the Municipality's road allowance, would comprise approximately one half of the amount of the park dedication requirement. The balance would be taken as cash-in-Iieu. The Owner is aware of the condition to widen a portion of the existing road allowance and does not agree. Their concerns are primarily related to the impact of the public using a parking area and disturbing their use of the property. Staff offered to review various design solutions to minimize or eliminate views of the parking area. With the Municipality's commitment to improve the Bond Head parkette and the very limited opportunity for the public to access the waterfront within the context of growth in the Municipality, the staff proposal provides a cost-effective opportunity to accommodate overflow parking at the park without negatively impacting the limited parkland available or the many other resident's of Bond Head who may otherwise see a high use of on-street parking. The Municipality could take the dedication fully as "cash- in-lieu" and potentially accommodate this linear parking area within the existing road allowance but it would not include the appropriate landscape buffers or retain a number of mature trees. Another alternative is for Council to take the full park dedication and/or a land exchange for Darcy Street in land in anticipation of other future park needs. 10.9 The subject lands were originally part of the Hanning Plan and contained three road allowances, Darcy Street, Clarke Street and Bond Street. The applicant was required to determine the status of the three unopened road allowances and actual ownership. It has been determined to the satisfaction of the Municipal solicitor and the Clarington Engineering Services Department that both Clarke Street and Bond Street are in the ownership of Barr's Development Limited and that Darcy Street is required to be closed by by-law and sold to Barr's Development Limited for their subdivision. Report EGD- REPORT NO.: PSD-076-08 PAGE 10 028-08 was considered by Council on June 23, 2008 describing the necessary steps and future transaction required for the conveyance of the Darcy Street road allowance. The lands have not yet been purchased by Barr's Development Limited and the title has not been transferred. Thus staff recommend that Council approve the subdivision and authorize the Director of Planning Services to grant approval for this subdivision, at such time that the Darcy Street road allowance is conveyed to the applicant. 10.10 Resident's Issues Residents have called the Municipality and attended the Public Meeting held in January 2007. Their issues are summarized and discussed as follows: . Concerns regarding the loss of agricultural land - As noted in Section 10.3, there are very limited agricultural uses that are permitted on this property. The Minimum Distance Separation requirements prohibit the establishment of any livestock buildings on the property, and as a separate parcel the land is not viable for an independent agricultural operation. . loss of trees along road allowances; George Manners road allowance functions as a wildlife corridor - The majority of the trees are located on the municipal road allowances of Boulton Street, Park lane, Queen Victoria Street and George Manner road allowance. Municipal approval is required prior to the removal of any trees on municipal property. As a condition of draft approval, the developer is required to submit a tree preservation plan for the plan of subdivision. Staff will review the proposed removal of any significant trees prior to approval. The George Manners road allowance is not part of this development proposal and there will be no trees removed from it as part of this development. . Negative impact on shoreline and lake - The applicant submitted a stormwater management plan to the satisfaction of the Municipality and the Ganaraska Region Conservation Authority. Post development stormwater flows are to match pre-development, and thus no negative impact on lake Ontario or it's shoreline are anticipated. . Increase in traffic, construction noise, length of time of construction, impact on ground water, have infrastructure in place prior to development (underpass), costs of construction to residents - The development proposed has a total of eight lots. Staffs review finds that this development will not cause an undue amount of traffic on the existing road network. . Will George Manners road allowance be closed? Will Darcy Street road allowance be closed? Will the developer pay all costs to close and purchase it? - The George Manners road allowance will remain unopened and it is not the Municipality's intention to close and convey it. A portion of the road allowance at the south end abutting Boulton Street will become part of a parking area for the Bond Head Park. This parking area will be developed to alleviate residents concerns and complaints regarding parking overflow for the Bond Head Park. The Municipality has received an application to close and convey the Darcy REPORT NO.: PSD-076-08 PAGE 11 Street road allowance, through the proposed draft plan of subdivision. The Owner will bear 100% of the costs of closing and conveyance this portion of Darcy Street and this has been included as a condition of draft approval. . New construction should compliment tone of community - As noted in Section 10.6 above, a condition of draft approval has been included that requires the Owner to prepare a Community Theme and Architectural Design Implementation Plan the will control architectural design and ensure the development is complimentary to the existing cluster. . Density too high, how many lots are in the cluster, future development on three vacant municipal lots, assurance there will be no further develo~ment in Bond Head - The average lot size in the existing rural cluster is 4200 m (1.04 ac). The minimum proposed lot area in the new develo~ment is 4200 m2 and the largest lot within the draft plan is approximately 8100 m . Staff finds that the draft plan of subdivision is consistent and suitable development for this cluster. The Bond Head Rural Cluster is limited to 50 lots through policy in the Clarington Official Plan. Currently there are 37 existing dwellings, 40 existing lots, and a potential for 2 severed lots within the cluster limits. The addition of eight new lots will conform with the Official Plan. There is no residential development planned for the three lots the Municipality purchased on Boulton Street. . Adequate water supply? Extension of waterline along lakeshore Road outside of cluster - The Region of Durham provides municipal water service to the Bond Head Rural Cluster. They have stated there is adequate water supply to connect the proposed eight dwelling units. The extension of the waterline along lakeshore Road has been referred to the Region, but it is the Region's policy not to extend services beyond the urban boundary except by amendment to the Plan. Bond Head and Newtonville are the only rural settlements in Clarington that have regional water service. 10.11 Clarington Finance advises that for the subject lands all taxes have been paid satisfactorily. 11.0 CONCLUSIONS 11.1 The land ownership issues of the three unopened road allowances (Darcy, Clarke and Bond Streets) have been resolved and the proponent has applied to close Darcy Street. The process to complete this will take several months. In anticipation of this, it is recommended that the official plan amendment application and rezoning application be approved but the draft plan of subdivision be approved only in principle with the Director of Planning granting draft approval subsequent to the closure of the street and satisfactory financial payments made to the Municipality. The applicant has not concurred with the requirement to dedicate a portion of the 5% parkland dedication with an extension of the George Manners road allowance. Council can: REPORT NO.: PSD-076-08 PAGE 12 · Require that the entire 5% of the land be dedicated to the Municipality for future park purposes; . Take payment of cash-in-lieu of parkland; · Concur with staff's recommendation to take approximately one half of the parkland dedication requirement in land and the balance in cash-in-lieu parkland; · Provide some other direction to staff that would include consideration of the Darcy Street road allowance. Attachments: Attachment 1 - Key Map Attachment 2 - Map of Rural Residential Cluster of Bond Head Attachment 3 - Official Plan Amendment Attachment 4 - Proposed Draft Plan Attachment 5 - Conditions of Draft Approval Attachment 6 - Zoning By-law Amendment Attachment 7 - By-law Authorizing Subdivision Agreement Interested parties to be notified of Council and Committee's decision: D.G. Biddle & Associates Ltd. Barr's Developments Limited Noel Gordon William Skitch Roderick McArthur M.R. Davidson D. Hanley Sam & Brian Mountford David Walton-Ball Peter Fialkowski R.W. Westwood Lynda MacGregor J. Eilbeck A. Wynn Michel Fleury Daniel Lang Beat Niklaus Patricia McDonnell Douglas Cronk Gregory Ward Ann Harley Paul-Andre Larose Dan Strike Roger Yates John Yates H. Vanden Heuvel - " '" .. IV ~ Z C. IV ::;; l: o :;:; IV U o .... ~ " c. ~ 11. 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Attachment 2 To Report PSD-076-08 METCALF STREET ':: 3.. ;:': :' ' ',:.:=:\ '.::':':~~ ;.:.:;.: i:~' :.:. ... w ill ;; <f> 0: w Z z 0( '" w ~ w " j;.jJ1~ :~~:erylt :~c: ~ . :'.'.,: ". "::';},U"t"':;:.; QUeEN VICTORIA STREET .~:'''''~;' '~;k~~~: 't .~T.)...",.. ,.,' ....:.:v.tu:;-{.J.f'(~1 l' -'to' ',. ~.,.. ,'.,. tj~:t~~'!.~f~r~' j::r~.:' '~",<;"" ..~~~ '"," , ...... "'4"" ~~:&":~i .. I ...:-' ~'.. '}t~1:~{:~.~;:jt;~~ "'. ..., ..f.,;;.",.;.. ".Subje-cht ~.. ..": (,."-~"'ir" . J P.rone""'." )'..... .,.;r:'....~ .Itlf !*-~~ri... ",:,'f,:~"~~ ,.\'~ ,~,,,!"~',.n.o;i:Y .;J.^~....~.\::i:....:.:;: .".I.'~( ~'~:1;:l"'" ~~~(~;t~~t~~~;' .~"'\ .' "'1:'" t ...iJ,J.: .. :~r ,::..' .:~.. ':.~~-':'~ ~~. ...."::Jv-:y., ./V.:J', . .~;c', '.1\ ~;r' ..'i";'ft~'.::. .-.! ti'.:.;l...~:~: 'o..,.....'d< ....!..~:~..~T;... SOUL TON ST Newcastle Village Urban Boundary tv jJ Lake Ontario Rural Residential Cluster of Bond Head ,. Attachment 3 To Report PSD-076-08 AMENDMENT NO. 63 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Municipality of Clarington Official Plan is to permit the approval of an eight (8) lot residential subdivision within a minor expansion of the Bond Head Rural Residential Cluster. LOCATION: The subject site is located north of Bolton Street, west of Park Lane, in Bond Head within Part of Lot 27, Broken Front Concession, former Township of Clarke, now within the Municipality of Clarington. BASIS: This amendment is based on the resolution of the General Purpose and Administration Committee on July 7, 2008, with respect to Official Plan Amendment Application COPA2006- 0003. ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended by adding a new Section 12.6.5 as follows: 1) "12.6.5 Notwithstanding Section 12.6.2 and any other provision of this Plan to the contrary, the property north of Bolton Street, west of Park Lane, in Bond Head, may be rezoned to permit a minor expansion of the Bond Head Rural Residential Cluster." IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan as amended, regarding implementation of the Plan shall apply to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan as amended, regarding interpretation of the Plan shall apply to this Amendment. CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to adopt Amendment No. 63 to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit a minor expansion of the Bond Head Rural Residential Cluster; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 63 to the Clarington Official Plan being the attached Explanatory Text and Map is hereby adopted; and 2. This By-law shall come into force and take effect on the date of the passing hereof. 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"': g .1 I Jld\llNO I I I 3)N:;-----.......~ if ) . 13 1 1- 11 8 r I I ;e~ .~ a'OH:3StlOH Attachment 5 To Report PSD-076-08 CONDITIONS OF DRAFT APPROVAL File No.: S-C-2006-0002 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2006-0002 prepared by D.G. Biddle & Associates Limited, identified as job number 106065, dated August 2006, as revised in January 2008, which illustrates 8 lots for single-detached residential and a daylight triangle block. FINAL PLAN REQUIREMENTS 2. The Owner shall prepare an Environmental Sustainability Plan, for approval by the Director of Planning Services and the Director of Engineering Services. This plan must be approved by the Municipality of Clarington, and shall identify specific measures on how development in Plan S-C-2006-0002, will ensure the protection, conservation and enhancement of air, water, and ecological features and functions, energy and other resources and heritage resources. This Plan shall be approved by the Municipality of Clarington prior to the first to occur of the following: registration of the first phase of developments; issuance of an authorization to commence works; or, the sale of any lots within said plan. 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; and iii) Use of environmentally friendly materials or finishes in the dwellings. 3. The Owner shall prepare a Community Theme and Architectural Design Brief, prior to execution of the subdivision agreement and/or any sale of any lots within the draft plan, to the satisfaction of the Director of Planning Services. This Plan shall confirm and control intended architectural design of development in the Bond Head Rural Cluster. The Plan shall include building placement, orientation and architectural features and related design issues for the overall design plan. 4. 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. 5. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water supply plant capacities are available to the proposed subdivision. 6. Prior to final approval, and prior to anyon-site grading taking place, a stormwater management report shall be prepared supporting detailed design in accordance with current MOE criteria to the satisfaction of the Ganaraska Region Conservation Authority. This report shall be based on the conceptual servicing report entitled "Preliminary Stormwater Drainage Report - Barr's Development Limited" dated April 15, 2008, and addendum letter to this report dated May 2, 2008, both prepared by D.G. Biddle & Associates Limited. Stormwater detention will need to occur on-site if twinning of the outlet culvert beneath Boulton Street is not feasible. 7. Prior to final approval, the Owner shall engage a qualified professional to carry out, to the satisfaction of the Ministry of Culture's requirements, an archaeological assessment of the entire development 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 Region of Durham, on behalf of the Ministry of Culture, confirming that all archaeological resource concerns have been met including licensing and resource conservation requirements. 8. The unopened road allowances situated within the subject lands must be legally closed and conveyed into private ownership prior to draft approval of this plan. The Owner will be required to obtain the approval of the Council of the Municipality of Clarington for the proposed road closure and meet all municipal policy requirements pertaining to the legal closure of the road allowances. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 9. 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 subdivision agreement for each phase of development. 10. 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. The phasing plan shall identify construction traffic routes and measures proposed to contain construction vehicles to the designated routes. 11. 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, including, but not limited to, the requirements that follow. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 12. All land dedications, easements, sight triangles and reserves as required by the Municipality of Clarington for this development must be granted to the Municipality of Clarington free and clear of all encumbrances and in a form satisfactory to the Municipality's solicitor. 13. The Owner shall convey a 5 metre x 5 metre sight triangle at the corners of Queen Victoria Street and Park Lane to the Municipality of Clarington. 14. The Owner is required to provide a block 1125 m2 in area, abutting George Manners road allowance, with 14 metres of frontage along Boulton Street. The remainder of the parkland dedication shall be as the appropriate cash contribution in lieu of the normal parkland dedication. 15. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 16. The Owner shall fence the east side of the George Manners road allowance to the satisfaction of the Director of Engineering Services. 17. The Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 18. The Developer/Builder shall include a disclosure in all purchase and sale agreements advising home buyers of Municipal parking regulations, to the satisfaction of the Director of Planning Services. 19. The Owner shall submit a detailed tree preservation plan to the satisfaction of the Municipality of Clarington. No trees shall be removed until such time as this program has been approved except as authorized by the Municipality. 20. 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. 21. The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the cost for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 22. No building permit shall be issued for the construction of any building on any residential lot or block on said plan, until the architectural control guidelines for the development and the exterior architectural design of each building and the location of the building on the lot has been approved by the Municipality of Clarington. 23. The Owner agrees to submit a well monitoring/well interference report. Further, 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. 24. 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. 25. 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. 26. The Owner supply on disk, in a CAD format acceptable to the Municipality of Clarington a copy of the proposed Plan of Subdivision as Draft Approved and each 40M Plan proposed for registration. CONSERVATION AUTHORITY 27. The Owner shall prepare a report to the satisfaction of the Ganaraska Region Conservation Authority detailing the means whereby erosion and siltation will be minimized and contained on site both during and subsequent to the construction period in accordance with current MOE criteria. 28. The Owner agrees to carry out or cause to be carried out the measures and recommendations as contained within the reports approved under Condition 28. 29. The Owner agrees to maintain all erosion and siltation control devices in good repair during the construction period in a manner satisfactory to the Ganaraska Region Conservation Authority. 30. The Owner shall obtain all necessary permits from the Ganaraska Region Conservation Authority under Ontario Regulation 168/06, prior to the registration of the plan. 31. The Owner shall satisfy all financial requirements of the Ganaraska Region Conservation Authority. This shall include application procession Fees and Technical Review Fees as per the approved Authority Fee Schedule. GAS DISTRIBUTION 32. The Owner is to co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all effected authorities. 33. All of the natural gas distribution system will be installed within the proposed road allowances therefore easements will not be required. TELECOMMUNICATIONS 34. he 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). 35. 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 shall be responsible for the relocation of such facilities or easements. SERVICING Municipalitv of Clarinaton 36. 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. 37. The Owner must submit a design for the replacement of the 800 mm storm water culvert under Boulton Street. The design must include traffic control, signage, public notification, frost tapers, road allowance restoration, erosion and sediment control during construction, permanent erosion control and any other requirements of the Director of Engineering Services. The entire cost of the culvert replacement and any elements associated with the replacement will be 100% the applicant's expense. The design will be submit to the approval of the Director of Engineering Services, and the construction will be at the direction of the Construction Branch in the field. 38. The Owner will be responsible for 100% of the cost of restoration of the Park Lane road allowance due to the installation of the proposed watermain, as well as any other subdivision construction related activity. The restoration must be done to the satisfaction of the Director of Engineering Services and as directed by the Construction Branch in the field. 39. 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. This plan shall delineate the prime and reserve sewage system envelopes. All plans and drawings must conform to the Municipality's Design Criteria and the Regional criteria as amended from time to time. Reoion of Durham 40. 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 water supply, roads and other regional services. 41. The Owner shall provide for the extension of such 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 water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such 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. 42. The Owner agrees to retain a qualified professional engineer/designer who specializes in the design of private sewage systems. The engineer/designer shall produce and provide the design of private sewage systems in accordance with the Ontario Building Code for each lot to the Region Health Department for review and approval. 43. The Owner engineer/designer shall conduct on-site tests on the primary sewage system area for all lots to determine its permeability. The engineer shall provide analysis of the soil tests describing grain size analysis, coefficient of permeability and estimated percolation "T' times to the Regional Health Department in support of the sewage system design. 44. The Owner agrees that the eight lots will be serviced by municipal water and all existing drilled/test wells must be decommissioned in accordance with Ontario Regulation 903 under the Ontario Water Resources Act. 45. The Owner agrees that there shall be no construction of accessory buildings or swimming pools in the prime and reserve tile bed areas, or in locations less than the minimum setbacks in accordance with the Ontario Building Code. 46. The Owner agrees that imported sand fill be used for leaching bed construction and shall be tested to ensure the percolation rate is between 6-10 min/cm. A design rate of no less than 10 min/cm shall be used to calculate the length of leaching bed pipe to be used. 47. The Owner agrees that imported sand fill be used for leaching bed construction and shall be tested to ensure the percolation rate is between 6-10 min/cm. A design rate of no less than 10 min/cm shall be used to calculate the length of leaching bed pipe to be used. OTHER 48. 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 bear the costs of any relocations or revisions to Ontario Hydro facilities which may be necessary to accommodate this subdivision. c) 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. 49. 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, how Conditions 5, 7, 40 - 46 inclusive have been satisfied; b) Ganaraska Region Conservation Authority, how Conditions 6, 27 - 31 have been satisfied; c) Enbridge Gas Distribution Inc., how Conditions 32 and 33 have been satisfied; d) Bell Canada, how Conditions 34 and 35 have been satisfied, and e) Hydro One Networks Inc., how Condition 47b) 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: a) Durham Region Planning Department, 605 Rossland Road East, PO Box 623, Whitby, ON L 1 N 6A3 (905) 668-7721 b) Ganaraska Region Conservation Authority, Box 328, Port Hope Ontario, L1A 3W4 (905) 885-8173. c) Enbridge Gas Distribution Inc., P.O. Box 650, Scarborough, ON M1K 5E3 d) Bell, Development & Municipal Services Control Centre, Floor 5, 100 Borough Drive, Scarborough, ON M1 P 4W2 e) Ontario Hydro Services Company, Real Estate Services, 7676 Woodbine Avenue, Suite 300, Markham, Ontario, UR 2N2 (905) 948-6015. Attachment 6 To Report PSD-076-08 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 S-C-2006-0002, COPA2006-0003 and ZBA2006-0029; and WHEREAS said by-law is passed pursuant to Section 24(2) of the Planning Act, whereby it would not come into effect until such time as Official Plan Amendment No. 63 is approved by the Council of the Corporation of the Municipality of Clarington and that decision is final; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 7.3 "SPECIAL EXCEPTIONS - RURAL CLUSTER (RC) ZONE" is hereby amended by adding thereto the following new Special Exception 7.3.14 as follows: "7.3.14 RURAL CLUSTER EXCEPTION (RC-14) ZONE Notwithstanding Section 7.2 the lands zoned RC-14 on the Schedule to this By-law shall be subject to the following conditions: a. Lot Area (minimum) metres 4200 square b. Lot Frontage (minimum) 45 metres c. Yard Requirements i) Front Yard a) Porch b) Dwelling a minimum of 7.5 metres and a maximum of 13.5 metres a minimum of 10 metres and a maximum of 15 metres a minimum of 12 metres and a maximum of 17 metres c) Attached garage ii) Exterior Side Yard a) Porch a minimum of 7.5 metres and a maximum of 13.5 metres a minimum of 10 metres and a maximum of 15 metres a minimum of 10 metres and a maximum of 15 metres b) Dwelling c) Attached garage iii) Interior Side Yard (minimum) 2 metres iv) Rear Yard (minimum) 15 metres d. Landscaped Open Space 40 percent e. Municipal Servicing Requirement No building or structure may be erected and no use may be established in the Rural Cluster Exception (RC-14) Zone ;unless the lot upon which it is situated is service by Municipal water system which has sufficient capacity to accommodate the proposed use. f. Attached Garage Requirement All garage doors shall not be located any closer to the street line than 2 m further back from the dwelling's ground floor front wall or ground floor exterior side wall. 2. Schedule "5" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from "Agricultural Exception (A-1)" to Holding Rural Cluster Exception (H)(RC-14)", 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 "A" to By-law 2008- , passed this day of . 2008 A.D. IL- I I I -r~ IIII ~ IlI1.L3! lL -t ~I I ~ iJ LS~J~- -L I -+- F :~ r=- . I "" ONTMm ~ Zoning Change From "A-1" To "(H)RC-14" J Jim Abernethy, ~ayor Patti l. Barrie. Municipal Clerk ,:~ LAKE ONTARIO NEWCASTLE SUBJECT SITE Attachment 7 To Report PSD-076-08 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 S-C-2006-0002, any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of S-C-2006-0002 Whereas the Owner(s) of draft Plan of Subdivision S-C-2006-0002 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 Owners of Draft Plan of Subdivision S-C-2006-0002. 2. That the Mayor and Clerk are hereby authorized to accept, on beha~ 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, Municipai Clerk