HomeMy WebLinkAboutPSD-125-08 Leading the Way REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE l f
Date: Monday, December 1, 2008
Report#: PSD-125 -08 File #: S-C- 2004-004 & ZBA 2004-049 By-law#:
Subject: PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT
TO PERMIT 426 RESIDENTIAL UNITS
APPLICANT: WEST DIAMOND PROPERTIES INC. AND PLAYERS
BUSINESS PARK LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-125-08 be received;
2. THAT the application for proposed Plan of Subdivision S-C-2004-004 and Zoning By-
law Amendment ZBA$004-049 submitted by West Diamond Properties Inc. and Players
Business Park Ltd continue to be processed including consideration of comments
received at the public meeting; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed by:
Davi J. rome, CIP, RPP Fran lin Wu,
Director of Planning Services Chief Administrative Officer
CS/CP/sh/df
November 25, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0$30
REPORT NO.: PSD-125-08 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: West Diamond Properties Inc. and Players Business Park Ltd. (Metrus
Properties Limited and The Kaitlin Group).
1.2 Agent : Peter Smith, Bousfield Inc.
1.3 Plan of Subdivision:
426 residential unit plan of subdivision consisting of 153 single detached
dwellings; 166 semi/link dwellings, 107 townhouse units, a parkette and
a Future Development Block.
1.4 Zoning By-law Amendment:
Change the current zoning on the lands from "Agricultural (A)" and
"Agricultural Special Exception (A-74)" Zones to an appropriate zone to
permit the proposed development.
1.5 Site Area: 32.903 hectares (81.30 acres).
2.0 LOCATION
2.1 The lands subject to these applications are located on the west side of Green Road
approximately 300 metres north of Durham Hwy 2, being Part Lot 17, Concession 2 in
the former Township of Darlington (see Attachment 1).
3.0 BACKGROUND
3.1 In 2003, the applicants submitted a proposed draft plan of subdivision and application
for rezoning. The applications were deemed premature as a Sub-Watershed Study had
not been completed as required by the Official Plan. The applications were returned to
the applicants. In early 2004, the applications were resubmitted but lacked the
appropriate application fees. In October 2004, the applications were again resubmitted
with the correct fees and the applications were deemed complete under the
requirements of the Planning Act at that time.
3.2 On December 6, 2004 the Statutory Public Meeting was held. Staff recommended that
the applications be referred back to staff for further processing and the preparation of a
Secondary Plan for the Brookhill Neighbourhood. Later that month, the applicants
appealed the applications to the Ontario Municipal Board on the basis that the
Municipality failed to make a decision within 90 days from submission of the original
application in 2003. However, due to procedural issues the appeal was not heard by the
Ontario Municipal Board.
3.3 The Brookhill Subwatershed Study commenced in fall of 2002. The funding for the study
came from major landowners in the neighbourhood including the applicant. The purpose
of the study was to develop a plan to manage the resources of the subwatershed and
provide for a framework for municipal planning decision. The final report was received
REPORT NO.: PSD-125-08 PAGE 3
in November 2005. The study recommended various changes to the Official Plan which
were adopted in March 2008 through Amendment No. 60 to the Clarington Official Plan.
3.4 During the preparation of the Brookhill Secondary Plan, the applicants participated in
the design charrettes and public consultation process. Staff met with the applicant on
several occasions to discuss the various concepts for the proposed draft plan of
subdivision.
3.5 A revised subdivision design was forwarded to the Municipality on July 10, 2008. On
August 11, 2008 the Municipality received an appeal to the Ontario Municipal Board on
both the subdivision and rezoning applications. This was detailed to Committee on
September 8, 2008, in report PSD-092-08, an information report regarding the appeals
of the proposed Draft Plan of Subdivision and application for zoning by-law amendment,
submitted West Diamond Properties Inc. and Players Business Park Ltd. The appeals
were launched under Sections 51(34) and 34(11) of the Planning Act, for failure of
Council to make a decision in respect of these development applications. A prehearing
conference has been set for December 10, 2008.
3.6 Despite the appeals, Staff continue to meet and work through the various issues with
the applicants and their agents for these applications. On October 10`", 2008 Staff
received a revised Draft Plan of Subdivision and rezoning. Sufficient pre-requisite
studies to review the applications were received on October 31, 2008. Additional
information will be required prior to draft approval. The Public Notice and this report are
based on a submission which is different than that which has been appealed to the
OMB (Attachment 2 and 3).
3.7 Supporting Documentation
3.7.1 The applicants have provided the following documents in support of the draft Plan of
Subdivision. These documents are currently under review by the appropriate
departments and agencies.
• Phase 1 and 2 - Environmental Site Assessment, dated August 2004;
• Woody Vegetation Assessment and Tree Preservation Report, September, 2008;
• Archaeological Assessment, dated May 2007 and revised September 2008;
• Noise Impact Study, dated September, 2008;
• Functional Servicing Study, dated October 2008;
• Traffic Impact Study, dated October 2008; and
• Parking Plan
3.7.2 The applicants have been advised that these following studies/reports must be
completed to the Municipality's satisfaction prior to Staff recommending draft approval
of the Plan of Subdivision:
• Stormwater Management Implementation Plan;
• Preliminary Grading Plan;
• Internal Traffic Study;
• Phasing Plan;
REPORT NO.: PSD-125-08 PAGE 4
Energy Conservation and Sustainability Plan;
• Landscaping Plan;
• Community Theme and Urban Design Implementation Plan; and
• Architectural Design Guidelines. -
4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
4.1 The subject lands are currently being used for agricultural crops. The site is relatively
flat, gently sloping to the south. The west branch of the Brookhill Tributary crosses the
lands. A hardwood forest is located to the west and north of the limits of the draft plan
and also present on additional lands owned by the applicants. A portion of the Maple
Grove Provincially Significant Wetland abuts the north limit of the lands subject to this
application.
4.2 Surrounding Uses
North - forested area and the Maple Grove Provincially Significant Wetland;
South - vacant— applications under consideration for commercial
development;
East - agricultural fields, two rural residential dwellings and Clarington Central
Secondary School; and
West - Lands associated with Rekker's Garden Centre, and the rear and side
yards of rural residential properties.
5.0 PROVINCIAL POLICY STATEMENT
5.1 Provincial Policy Statement
5.1.1 The applications were reviewed in the context of the 2005 Provincial Policy Statement.
New development shall occur adjacent to built up areas and shall have compact form, a
mix of uses and densities that allow for the efficient use of land, infrastructure and public
services.
Planning authorities are required to provide for a range of housing types and densities
with a ten year supply of lands which are designated and a three year supply of zoned
and serviced lands within draft approved and registered plans. New housing is to be
directed to locations where infrastructure and public services are or will be available. A
full range of housing types and densities shall be provided to meet projected
requirements of current and future residents of the regional market area.
Healthy active communities should be promoted by planning public streets and spaces
that are safe and facilitate pedestrian and non-motorized movement. A full range of
publicly accessible built and natural settings for recreation including facilities, parks,
open space and trails should also be considered.
REPORT NO.: PSD-125-08 PAGE 5
Infrastructure and public services facilities shall be provided in a coordinated efficient
and cost effective manner. Planning for these shall be integrated with planning for
growth so that they are available to meet current and projected needs. The use of
existing infrastructure and public service facilities should be optimized where feasible
before considering developing new infrastructure and public service facilities.
Planning authorities shall support energy efficiency and improved air quality through
various means in the planning and development process.
Long-term prosperity, environmental health and social well-being depend on protecting
natural heritage, water, agricultural, mineral and cultural heritage and archeological
resources for their economic, environmental and social benefit. Development and site
alteration shall not be permitted on adjacent lands to the natural heritage features and
areas unless the ecological function of the adjacent lands has been evaluated and it has
been demonstrated that there are no negative impacts on the natural features on their
ecological functions.
5.2. Provincial Growth Plan
5.2.1 The Provincial Growth Plan for The Greater Golden Horseshoe ("Growth Plan")
encourages municipalities to manage growth by directing population growth to
settlement areas. Growth is to be accommodated by building compact, transit-
supportive communities in designated greenfield areas and by reducing dependence on
the automobile through the development of mixed use, pedestrian-friendly
environments. Growth shall also be directed to areas that offer municipal water and
wastewater systems. Municipalities should establish an urban open space system within
built up areas which may include communal courtyards and public parks.
5.2.2 The Growth Plan requires that infrastructure planning, land use planning and
infrastructure investment will be co-ordinated to support growth. Infrastructure includes
transit, transportation corridors, water and wastewater systems, waste management
and community infrastructure. Community infrastructure include land, buildings
structures for health, education, recreation, socio-cultural activities, safety and security
and affordable housing.
Planning for growth will take into account the availability and location of existing and
planned community infrastructure so that community infrastructure can be provided
efficiently and effectively.
6.0 OFFICIAL PLAN POLICIES
6.1 Durham Region Official Plan
6.1.1 The subject lands are designated as "Living Area" within the Durham Regional Official
Plan. Lands within this designation shall be used predominantly for housing purposes
incorporating the widest possible variety of housing types, sizes and tenure to provide
living accommodations that address various socio-economic factors. A mix of uses such
as certain home occupations, convenience stores, public and recreational uses which
REPORT NO.: PSD-125-08 PAGE 6
are compatible with their surroundings are permitted. Limited office development and
retailing of goods and services in appropriate locations and as a component of mixed
use development may also be permitted in Living Areas provided there are appropriate
provisions and designations in the area municipal Official Plan.
6.1.2 In consideration of development applications in designated Living Areas, regard shall be
had for the intent of this plan to achieve the following:
■ A compact urban form;
■ The use of good urban design principles;
■ The provision of convenient pedestrian access to public transit,
educational facilities and parks;
■ A grid pattern of roads;
■ The provision and distribution of parks, trails and pathways and
educational facilities;
■ The types and capacities of the existing municipal services, infrastructure
and the feasibility of expansion; and
■ The balance between energy efficiency and cost.
6.2 Clarington Official Plan
6.2.1 Amendment No. 60 to the Clarington Official Plan was adopted by Council in March
2008 and approved by the Region of Durham on August 5, 2008. However, an appeal
to this amendment has been received. The subdivision and rezoning application cannot
be considered until the appeal is resolved.
6.2.2 Community Structure
The draft Plan of Subdivision is consistent with the Land Use Principles and Community
Structure contained in the Secondary Plan. The neighbourhood is edged by the primary
road network being Brookhill Boulevard and Green Road. In the centre, a park is
surrounded by medium density development, being the Neighbourhood Commons
Area. The housing is focused around the parkette with access by rear lanes.
Additional medium density units front onto future Brookhill Boulevard. This is also
consistent with the Secondary Plan.
6.2.3 Land Use Policies
Within the Secondary Plan the subject lands are designated as 'Low Density
Residential', 'Medium Density Residential', 'Neighbourhood Commons Area' and 'Park'.
Low Density Residential housing shall be in the form of single and semi-detached units.
Coach houses are permitted in restricted areas. Low density development shall be
developed on the basis of 30 units per net hectare, consistent with the Official Plan
policies.
REPORT NO.: PSD-125-08 PAGE 7
Within the Neighbourhood Commons Area, street, block or stacked townhouses and
multiple unit buildings are permitted. Medium density shall be consistent with Official
Plan policies between 31 to 60 unit per net hectare.
Neighbourhood Parks form the central focus of each identified Neighbourhood
Commons Areas. The park shall perform an array of functions within the community and
shall range in size and design depending on their planned role and function. The park
shall be a minimum of 0.75 hectares and shall be surrounded by at least two sides and
preferrably three or four sides by public roads. The Neighbourhood Parks are to be
accepted as part of parkland dedication required under the Planning Act.
6.2.4 Environmental Features
A hardwood forest and the Maple Grove Provincially Significant Wetland are adjacent to
the Future Development block and therefore an Environmental Impact Study will be
required prior to consideration of any development in this block.
The Subwatershed Study recommended that the sub-tributary bisecting this plan of
subdivision could be enclosed in the storm sewer system. OPA 60 redesignated the sub-
tributary from Environmental Protection to Residential.
7.0 ZONING BY-LAW
7.1 The lands are zoned Agricultural (A). A Zoning By-law Amendment will be required in
order to implement the proposed plan of subdivision.
8. 0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site
and a public meeting sign was installed on Green Road.
8.2 As of the date of writing this report, Staff have not received any inquiries.
9.0 AGENCY COMMENTS
9.1 A number of agencies have been circulated the proposed plan of subdivision and
rezoning application. To date comments have not been received from the majority of the
circulated agencies including the following departments and agencies:
• Region of Durham Planning Department;
• Region of Durham Works Department;
• Durham Transit;
• Central Lake Ontario Conservation;
• Conseil scolaire de district catholique Centre Sud;
REPORT NO.: PSD-125-08 PAGE 8
• Conseil scolaire de District du Centre-Sud Quest;
• Bell Canada;
• Enbridge Gas;
• Canada Post;
• Hydro One Networks Inc.; and
• Clarington Operations.
9.2 The Clarington Engineering Department continue to review application however have
indicated that prior to final approval of the subject subdivision the applicant will be required
to satisfy the Engineering Services Department regarding the following concerns and
conditions:
• Functional Servicing Report;
• Traffic Impact Study;
• Noise Impact Study;
• Woody Vegetation Assessment and Tree Preservation Report; and
• Parking Plan
Prior to making a recommendation regarding the proposed Draft Plan of Subdivision,
the Engineering Services Department must complete a comprehensive review of these
reports. As well, prior to approval, staff will require a preliminary lot grading plan for this
proposed subdivision which demonstrates that minor and major flows can be
appropriately and effectively conveyed through the storm sewer system and overland to
the stormwater management facility.
Staff are also reviewing other engineering aspect of this complex plan including, but not
limited to:
• Urban infrastructure upgrades required to support this development and how
those upgrades will be implemented within the Department's capital works
program;
• Sidewalk connections;
• Water, sanitary and storm servicing to the development;
• Street illumination;
• Parkland requirements;
• Conveyance of the West Brookhill Tributary through the site to the East
Tributary; and
• Future development block to the north and how this block, including the future
Longworth Avenue extension, will tie into this phase of the neighbourhood.
9.3 The Clarington Emergency and Fire Services have offered no objection at this time,
provided that the rear laneway concept complied with all previous concerns regarding
width, on street parking, snow storage, turning radii and hydrant locations.
9.4 The Kawartha Pine Ridge District School Board has advised that approximately 114
elementary school pupils and 49 secondary school students will be generated by the
REPORT NO.: PSD-125-08 PAGE 9
proposed draft plan. However, the anticipated pupil yield from this draft plan, the Future
Development Block and the medium/high density development to the south will depend on
the final unit count for these areas. The School Board will accept the absence of a public
elementary site in this Draft Plan, provided the nearby public elementary school site
designated in the Brookhill Secondary Plan, be made available in the first phase of this
development.
9.5 The Peterborough Victoria Northumberland and Clarington Catholic District School
Board has reviewed the applications and have advised that the proposed development
will be located within walking distances from St. Elizabeth Elementary School on
Longworth Avenue, St. Stephen's Secondary on Scugog Road and Holy Family
Elementary School on Aspen Springs Road. Access for pedestrian walkers should be
taken into consideration from this residential area to the schools named above. In
addition, crosswalks at major streets should be implemented to ensure safe access
when crossing.
10.0 STAFF COMMENTS
10.1 West Diamond and Players Business Park own a large portion lands in the Brookhill
Secondary Planning Area. The limits of the draft plan consist of 32.90 hectares.
Development is proposed on 21.80 hectares. A 'Future Development' and 'Additional
Lands Owned' by the applicants are located adjacent to the Maple Grove Provincially
Significant Wetland and other natural heritage features, triggering the need for
Environmental Impact Study (EIS). Development of these lands cannot proceed until
the EIS is completed to the satisfaction of the Municipality and a new draft plan of
subdivision for the area is submitted.
10.2 The draft plan of subdivision also identifies a separate area to the south also referred to
as "Additional Lands Owned". These lands have been removed from the original 2003
submission. They are approximately 3.2 hectares in size and are located south of
Brookhill Boulevard, north of the commercial development site in the Bowmanville West
Town Centre Secondary Plan. They are designated as Low Rise High Density
Residential. This designation provides for a transition from commercial development to
lower density housing forms in the Brookhill Secondary Plan. Staff have concerns
about the removal of this block since it is totally dependent on infrastructure related to
the draft plan of subdivision.
10.3 The draft plan provides for a Neighbourhood Commons consisting of a small centralized
park surrounded with low and medium density housing forms consistent with the
Brookhill Secondary Plan. The draft plan provides for a mix of lots sizes to permit
various housing forms. Single detached, semi/link units and townhouses are inter-
dispersed throughout the draft plan contributing to diversity and opportunity for an
interesting in streetscape.
REPORT NO.: PSD-125-08 PAGE 10
The frontage of the units are in some cases narrower than conventional units seen in
existing neighbourhoods in Bowmanville. "Cap End" townhouse and link units are
introduced which places the garage of the end unit on the side street limiting the
number of driveways on the heavier traveled streets. The townhouse units would have
6 driveways on one street for the 8 townhouse units. The amenity area for the Cap
End Unit is a courtyard facing the side street rather than a conventional rear yard
amenity area (Attachments 3 and 4). Staff conducted a site inspection of similar homes
in Milton, Ontario. Photographs of the Cap End semi-detached units are shown on
Attachment No. 5. The housing forms and density are currently under review by Staff.
The number and the various lot sizes are provided below.
• Lane-based Single Detached 7.5 metres 34
Single detached 11.6 metres 56
• Single detached 12.8 metres 63
Total Singles 153 36%
• Lane based Semi/link Units 6.7 metres 94
• Semi/link Units 9.8 metres 34
• Cap End Semi/link Units 9.8 metres 38
Total Semi/link Units 166 39%
• Lane-based townhouse Units 6.1 metres 51
• Cap End Townhouse 6.6 metres 56
Total Townhouse Units 107 25%
Total Number of Units 426 100%
10.4 The following identifies some of the more significant issues that require further
discussion with the applicants. This is not intended to be a comprehensive list of
issues:
• The stormwater management pond is located on the east side of Green Road.
The applicants will be required to enter into an agreement with the Municipality to
ensure that the lands for this facility are provided for before draft approval.
• The draft plan shows a small park in the Neighbourhood Commons Area
consistent with the Secondary Plan. This park is 0.827 hectares in size and less
than the 5% required under the Planning Act. The neighbourhood park for this
area is located outside of the area of this draft plan of subdivision on the east
side of Green Road. Discussions regarding the need to secure the park land on
east of Green Road, the timing of its development and a cost-sharing
arrangement for all of the developers have been raised, however further
discussion is required.
• The limits of the draft plan do not provide for a connection to Boswell Avenue as
constructed within the Bowmanville West Town Centre. Furthermore, a high
density block south of the future Brookhill Neighbourhood is not incorporated into
REPORT NO.: PSD-125-08 PAGE 11
the plan of subdivision. It is reliant on the road infrastructure for access and
servicing.
• The development of the small park is beyond the current budget and 4 year
forecast for park development and as such would need to be constructed entirely
by the subdivision developer.
Financial arrangements regarding servicing infrastructure including but not
limited to; park development, roads, sidewalks and illumination.
• A Public Elementary School is designated on the lands to the east, on Clarington
Boulevard. The applicants will be required to enter into discussion with the Public
School Board and the Municipality to secure the school site, in keeping with the
School Board's comments.
10.5 Since many of the key public facilities noted above, the stormwater pond, the
neighbourhood park, the public elementary school and key road connections are
located off-site, it is critical that appropriate servicing arrangements are made
satisfactory to the Municipality to ensure that these facilities can be provided in a timely
manner as required.
11.0 CONCLUSIONS
11.1 The purpose of this report is to satisfy the requirements under the Planning Act for
Public Meetings and taking into consideration the outstanding agency comments, staff
respectfully request that this report be referred back to staff for further processing and
the preparation of a subsequent report.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Draft Plan of Subdivision July 2008
Attachment 3 - Draft Plan of Subdivision October 2008
Attachment 4 - Housing Forms — Singles and Semi-Detached Units
Attachment 5 - Housing Forms — Cap-End Semi/Link Units
Interested Parties to be advised of Council's decision:
West Diamond Properties Inc. and Players Michael Durocher
Business Park Ltd. Mark Koenig
Peter Smith Roz Howser
Lillian and John Bouma Robert Howe
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Attachment 3
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Semi-detached beside single detached unit. Contributes to diversity on the streetscape.
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Cap End semi/link unit. Courtyard on side yard provides the amenity area for this unit type.
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