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HomeMy WebLinkAboutPSD-107-10Clairin n Leading theWay~ REPORT PLANNING SERVICES Meeting:. GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 27, 2010 Resolution #: t;~A~ Sr7~By-law #: ~0/0-/a abio-~~s Report #: PSD-107-10 File #: COPA 2003-009 and ZBA 2003-036 Subject: OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT APPLICATIONS TO PERMIT THE DEVELOPMENT OF EIGHT NEW LOTS FOR SINGLE DETACHED DWELLINGS OWNERS: MICHAEL RICCIUTO, HEATHER RICCIUTO, ANTONIO RICCIUTO, ISOLINE RICCIUTO, GINA STONE & RUSSELL STONE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-107-10 be received; 2. THAT Amendment No. 78 to the Clarington Official Plan. submitted by Michael Ricciuto et. al. to expand the Hampton Hamlet boundary; and to redesignate certain .lands from "General Agricultural Area" to "Hamlet Residential" to permit the development of eight (8) single detached residential dwellings as contained in Attachment 3 be adopted and the By-law contained in Attachment 4 be passed; 3. THAT the Zoning By-law Amendment application submitted by Michael Ricciuto et. al. be approved as contained in Attachment 5; 4. THAT the Region of Durham Planning Department and- Municipal Property Assessment Corporation be forwarded a copy of Report PSD-107-10 and Council's decision; and 5. .THAT all interested parties listed in Report PSD-107-10 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO. PSD-107-10 Page 2 Submitted by: ~ ~-rGz Reviewed by: ay Langmai , FCSLA, MCIP Acting Director of Planning Services d~~~ Franklin Wu, Chief Administrative Officer ATS/CP/av/df September 21, 2010 REPORT NO.: PSD-107-10 1.0 APPLICATION DETAILS PAGE 3 1.1 Owner: Michael Ricciuto, Heather Ricciuto, Antonio Ricciuto, Isoline Ricciuto, Gina Stone, & Russell Stone 1.2 Applicant: Michael Ricciuto 1.3 Official Plan Amendment Application: To redesignate lands from "General Agricultural Area" to "Hamlet Residential" to permit the development of eight (t3) single detached residential dwellings 1.4 Zoning By-law Amendment Application: To change the zoning on the subject lands from "Agricultural Exception (A-1)" to permit the development of eight new lots resulting in the construction of eight single detached dwelling units 1.5 Subject Lands: Approximately 20 ha (6.6 ha to be designated "Hamlet Residential") 2.0 LOCATION 2.1 The subject lands are located on the north side of Ormiston Street in Hampton (see Attachment 1). The property is contained within Part Lot 17, Concession 5, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On August 1, 2003; the owners submitted an Official Plan amendment and rezoning application to the Municipality of Caarington to change the designation and zoning of a portion of the subject lands located on the north side of Ormiston Street in Hampton. 3.2 The application is to expand the hamlet boundary of Hampton to permit the development of eight new lots for a total of eight single detached dwellings. Subsequent applications are required in order to create the individual lots. 3.3 The subject applications were impacted by the release of the Greenbelt Act in 2003 and subsequent Minister's Zoning Order which prevented the Municipality from making any decisions on Official Plan and Zoning By-law amendment applications on lands outside settlement areas. A public meeting was held on January 26, 2004 at which time Staff was directed to continue processing the applications. 3.4 Based on transitional policies contained in the Greenbelt Act and Places to Grow Act, it has been determined that the provisions of the Greenbelt Plan and Growth Plan do not apply to these applications. Since the public meeting was held in 2004 the applicant REPORT NO.: PSD-107-10 PAGE 4 has been working towards addressing staff and agencies comments. The applicant has submitted several studies and reports in support of the applications, including planning reports, environmental reports and a hydrogeological study which went through the Region of Durham's peer review process. 3.5 As a result of the staff and agency review process, the layout of the proposed eight (8) lots has been revised and the lots are slightly larger and reconfigured to address hydrogeological, grading and drainage concerns. The revised layout was presented at a subsequent public meeting held July 5, 2010 and is included as Attachmen# 2. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject lands have a total area of 20 hectares and the lands to be added to the Hampton settlement area have an area of 6.6 hectares. A significant woodlot is located on a portion of the subject lands and other lands have been previously used for agriculture. No buildings or structures exist on the subject lands. 4.2 Surrounding Uses: East: Unopened municipal road allowance and Agricultural North: Agricultural West: Residential -single detached dwellings South: Residential -single detached dwellings 5.0 PROVINCIAL POLICY 5.1 1997 Provincial Policv Statement (1997 PPS) The subject applications were submitted in 2003 (prior to the release of the 2005 PPS) and will be considered under the 1997 Provincial Policy Statement. The 1997 PPS identifies settlement areas as the focus of growth and should only be expanded where existing designated areas in the municipality do not have sufficient land supply to accommodate the growth projected for the municipality. Development and land use patterns that would hinder the efficient expansion of settlement areas are not permitted in adjacent areas. Land requirements and land use patterns will be based on efficient use of land and infrastructure. Development and site alteration may be permitted on lands adjacent to significant woodlands if it has been demonstrated that there will be no negative impacts on the natural features or on the ecological functions for which the area is identified. 5.2 Greenbelt Plan The subject applications were submitted in 2003 and prior to the Greenbelt Plan coming into effect (December 16, 2004). Any decision made with respect to the subject applications is not required to conform to the Greenbelt Plan. REPORT NO.: PSD-107-10 PAGE 5 5.3 Growth Plan The subject applications were submitted in 2003 and prior to the Growth. Plan coming into effect (June 16, 2006). Consideration of the subject applications shall continue as if the Plan had not come into effect. 6.0 OFFICIAL PLAN POLICIES 6.1 The lands are designated "General Agricultural Area" within the Durham Region Official Plan. General Agricultural Areas shall be used predominantly for agriculture and farm- related uses. The lands are adjacent to the Hamlet of Hampton and front onto Ormiston Streef. The policies in effect at the time the applications were made would allow for a minor expansion to the hamlet area boundary subject to a number of conditions. 6.2 The Clarington Official Plan designates the subject lands "General Agricultural Area". General Agricultural Areas shall be used predominantly for farm and farm-related uses. The applicant is seeking to expand the hamlet boundary. The "Rural Settlements Area" policies state that through an Official Plan amendment to expand the limits of a hamlet, a settlement capacity study shall be prepared by the proponent to the satisfaction of the Municipality and the Region of Durham. 7.0 ZONING BY-LAW CONFORMITY 7.1 The subject lands are currently zoned "Agricultural Exception (A-1)", which permits a single detached dwelling and farm uses. The applicant is requesting an amendment to Zoning By-law 84-63 which would be appropriate to permit the proposed eight (8) single detached residential dwellings on lots. 8.0 HYDROGEOLOGICAL REVIEW AND REGION OF DURHAM PEER REVIEW PROCESS 8.1 .Both the Region of Durham Official Plan and the Clarington Official Plan provide policies that require applicants to complete an analysis of the hydrogeological regime in the area to determine the availability and quality of groundwater on a long-term basis. The applicant's consultants have completed a comprehensive assessment of the hydrogeology of the subject lands and surrounding area. The purpose of the work was to assess the impacts of the proposed development on existing water supply and water quality in the general vicinity of the subject lands. This included the testing of seven test pits for soil sampling and standpipe monitors to analyze nitrate loading. Three test wells were drilled on the subject lands and were monitored on several occasions to assess the available supply and for possible interference on adjacent private wells. The test wells were drilled at depths between 25 and 28 metres. below grade. 8.2 Certain neighbouring wells in the area are described as shallow dug/bored wells (less than 18 metres) whereas the target aquifer for the proposed development is at a depth REPORT NO.: PSD-107-10 PAGE 6 of between 18 and 30 metres, referred to as the intermediate aquifer. The study finds that interference with wells in shallow aquifers is not expected because they are hydraulically isolated from the intermediate aquifer. Based on the well data collected by the applicant's consultant, the three test wells were pumped at rates 9 to 15 times greater than the average daily use of 1000 Uday, therefore the Region of Durham peer review finds that there will be ample water to support the wells in the long-term even considering the most conservative interference effects. 8.3 Water quality has also been assessed through the monitoring program and is considered to meet Ontario Drinking Water Standards. 8.4 Several operational, site and design details have been recommended relating to the construction of the private wells and septic systems and will be incorporated into future development agreements. 9.0 PUBLIC NOTICE AND SUBMISSIONS 9.1 Initial Public Meeting held on January 26, 2004 Public notice was given by mail to each landowner within 120 metres of the subject site and one public meeting notice sign was installed on the lands, facing Ormiston Street. Prior to the public meeting, three (3) inquiries were received on this application. All individuals were looking for further information and asked to be kept informed of development on this project. No objections or endorsements were offered. A written letter was received from a homeowner with concerns about possible well contamination and requested reimbursement should contamination occur in the future. At the public meeting, seven (7) individuals, including the applicant, made oral submissions. Environmental protection and water quality were key concerns afthe time. 9.2 Second Public Meeting held on Julv 5, 2010 9.3 Public notice was given by mail to each landowner within 120 metres of the subject site and one public meeting notice sign was installed on the lands, facing Ormiston Street. 9.4 During the public meeting process, three (3) inquiries were received. All individuals were looking for a status update on the files and were citing concerns with respect to the environmental protection of the woodlot and water quality. The individuals requested notification of future meetings. 9.5 At the July 5~h public meeting eight (8) individuals spoke in opposition to the .applications. The predominant concerns raised by all individuals relate to water quality and water quantity. Other concerns raised relate to drainage, lot layout (including the location of septic systems), capacity of Ormiston Street to accommodate pedestrians and traffic, and impacts to residents during the construction period. REPORT NO.: PSD-107-10 10.0 AGENCY COMMENTS PAGE 7 10.1 The following agencies have no objection to the Official Plan amendment application: • Kawartha Pine Ridge District School Board; • Peterborough Victoria Northumberland and Clarington Catholic District School Board; • Enbridge; • Rogers Cable; and • Clarington Emergency Services. 10.2 The Clarington Engineering Services Department has no objection in principle to the proposed amendments subject to the following conditions: • The applicant will be required to enter into a cost sharing agreement with the Municipality for future road upgrades to Ormiston Street. The applicant will be responsible for 100% of the cost, financial and otherwise, deemed necessary by the Director of Engineering Services to satisfy this requirement; • The applicant will be required to enter into a development agreement with the Municipality which will include standard clauses and schedules normally contained within a residential subdivision agreement, including works cost estimates, requirements for occupancy, maintenance periods, securities etc.; • A 4.03 metre road widening along Ormiston Street is to be dedicated to the Municipality; • Infiltration trenches must be added to the proposed drainage design. The required infiltration trenches must be added to the swale that will be constructed along the north boundary of the proposed lots; • The ditch on Ormiston Street. must be constructed with a maximum back slope of 3:1. A note regarding this requirement must be added to the design detail; Applications for property access will be required; • The applicant is responsible for any costs necessary to facilitate the construction of entrances from the subject property to Ormiston Street; and • The appropriate cash-in-lieu of parkland contribution is required. 10.3 The Regional Planning Department advised that the subject Official Plan amendment application is not exempt from Regional approval. Regional Planning staff have examined all submitted studies and reports and have provided comments on the proposal to expand the Hamlet limits. The applicant's hydrogeological work has been peer reviewed in accordance with the Region's requirements and the proponent's consultant has satisfied the peer review findings. The Regional Planning Department has no objection to the proposed applications as the applicant has satisfied the Region's policies with respect to the expansion to the hamlet boundary. Conditions will be imposed at the time of lot creation. 10.4 Regional Health has no objection to the proposed Official Plan and zoning amendments. The department will require more detailed plans through the subdivision and/or consent REPORT NO.: PSD-107-10 PAGE 8 approval process. Further plans to be submitted shall include a site servicing plan for all lots showing proposed and primary reserve the beds and a surface drainage plan. 10.5 Bell Canada advises that a telecommunication facility easement may be required to service these lands and that this easement be noted in any development agreement on these lands. Also, the Owner shall be requested to enter into an agreement with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed the Owner shall advise the municipality of the arrangement made for such servicing. 10.6 Central Lake Ontario Conservation Authority has been involved in the review of the Hydrogeological reports and the Stormwater Drainage Reports. The technical details of the grading and drainage scheme can be resolved during the detailed design stages. In the spring of 2010, CLOCA ident~ed concerns with respect to the proposed lot configuration and the protection of the sign cant woodlot on the subject lands. The site was visited and the applicant's consultant has provided a revision to the scoped environmental impact study of the subject lands. The revision recommends providing additional protection to the lands north of the proposed lots by placing the lands in the Environmental Protection designation and zone. CLOCA has provided their concurrence on the lot layout and the findings of the scoped environmental impact study as revised. 11.0 STAFF COMMENTS 11.1 The lands subject to the Official Plan application and rezoning application are located on the north side of Ormiston Street in Hampton. Ormiston Street is an existing paved municipal road, with street lighting. The Hampton Junior Public School is located on the south side of Ormiston Street. The subject lands are made up of three parcels, divided by two unopened, 3 metre wide, municipal lanes. The municipal lanes are not being impacted by these applications or the future creation of the lots. 11.2 The applicant is seeking a re-designation to expand the hamlet boundary. The Clarington Official Plan states that the predominant use of lands within a hamlet shall be for single detached dwellings. The applicant is proposing eight (8) new lots ranging in size from 0.42 ha to 1.09 ha. Each lot is to be serviced by individual private septic systems and individual private wells. The remainder of the subject lands approximately 13 ha (33 ac.) would continue to be designated and zoned agricultural, except for those lands zoned. as art environmental protection area to recognize the significant woodland and buffer area. 11.3 Historically, both the Conservation Authority and local residents have expressed concern about soil contamination, water quantity and water quality in Hampton. This is due to the high. water table, the predominance of clay soils with poor drainage in the Hampton area, existing shallow wells and existing small lot sizes supporting private septic systems. REPORT NO.: PSD-107-10 PAGE 9 The Proctor & Redfern Group undertook a Secondary Plan Study of the Hamlet of Hampton on behalf of the Town of Newcastle (now the Municipality of Clarington) in 1989. The results of this study indicated that further expansion of Hampton should be: limited to minor infilling; a Hydrogeological study be required prior to development; new wells should be drilled; and that all lots be a minimum of 0.4 ha (1 ac.) in area. 11.4 Following this study, Regional Council adapted hamlet policies for the Town of Newcastle Official Plan. These policies were further refined and incorporated into the current Municipality of Clarington Official Plan. The policies state that a proponent shall prepare a settlement capacity study that includes the following: • A Hydrogeological Study; • An assessment of servicing alternatives; • An assessment of the long-term suitability of the soil conditions for private septic systems; • An assessment of surface drainage; • Identification of constraints for development; • An inventory of cultural resources and assessment of how new growth will be consistent with the historic character of the area; • An environmental inventory and assessment of impact of new growth on the natural, built and cultural environments; • An assessment of the impact on agricultural lands; and • Conformity to the Minimum Distance Separation Formulae from livestock. 11.5 At this time, the applicant has provided two (2) planning reports., an a scoped environmental impact study report and an addendum report, a stormwater management study and update, a Hydrogeological Study and revisions thereto. All studies and reports have been reviewed by Clarington, CLOCA and the Region of Durham staff. The Hydrogeological work has been peer reviewed. The peer review supports the creation of eight (8) residential lots serviced by private wells and septic systems. 11.6 At this time planning staff from both the Region of Durham and the Municipality of Clarington are satisfied that the applicant has met the objectives of the regional and local Official Plans in order to approve the minor expansion to the Hampton settlement area boundary. This application, although expanding the hamlet boundary, is in many ways more like an application for infill. The applications are supported for the following reasons: • A positive peer review of the hydrogeological studies and reports; • The absence of servicing alternatives -lots will be serviced by private wells and private septic systems; • Soil conditions have been investigated through the hydrogeological work; • Surface drainage will be directed to the street right-of-way and any necessary drainage easements will be secured through the applications to divide the land; • These lots will have frontage along Ormiston Street which is an existing municipal street maintained on a year-round basis. Residential lots exist along the south side of Ormiston Street. Aside from providing adequate protection to natural heritage features and the suitability of the lands for installing private services, there are no REPORT NO.: PSD-107-10 PAGE 10 other known constraints for development. The current development plan does not landlock the remaining lands as sufficient lands have been set aside for a future road, although consideration for future development would be significantly impacted by both the policies of the Greenbelt and Growth Plans; • Zoning requirements will be compatible with existing development in the area; • The submitted a scoped environmental impact study report identifies the significant features on the subject lands and derives a buffer area has been approved by CLOCA; • .The subject lands are not Prime Agricultural lands -and lands outside of the development area can continue to be farmed; • There are no active farm operations within 1 km of the subject lands; and • Future alignment of Highway 407 isolates these lands from surrounding agriculture lands. 11.7 Staff and commenting agencies have considered the concerns of local residents. The issues surrounding water quality and quantity have been appropriately addressed through the Hydrogeological Study and through the Region of Durham's peer review process. Technical matters such as drainage, lot layout, road capacity and construction impacts will continue to be reviewed through applications to create the lots. The owner will be required to enter into a development agreement which can include provisions dealing with a range of matters including drainage and construction impacts. Residents within 120 metres of the subject lands will continue to receive notification of future applications. 11.8 All taxes payable to the Municipality of Clarington have been paid in full. 12.0 CONCLUSIONS 12.1 In consideration of the findings of all supporting studies, a positive peer review of the Hydrogeological Study, comments received from circulated agencies and area residents, and based on review of the proposal, staff recommends that the Official Plan Amendment and Zoning By-law Amendment be approved. Staff Contact: Anne Taylor Scott Attachments: Attachment 1 -Key Map Attachment 2 -Proposed Severance Plan Attachment 3 -Proposed Clarington Official Plan Amendment Attachment 4 -Clarington Official Plan Amendment Adopting By-law Attachment 5 -Proposed Zoning By-law Amendment REPORT NO.: PSD-107-10 PAGE 11 Interested parties to be notified of Council and Committee's decision Michael Ricciuto Beth Webster John Winters Gerry Pearson David & Anne Taylor Dave Shmyr Dianne Fothergill Brett Smith Mark Matheson Karen & James Mark Laroque Libby Racansky Owen Webster Steve Hughes Marc Lavoie Barry Cockerham Linda Gasser Brian Annis Lloyd Yezik Sherry Woodbeck c Y C_ A O a A c 0 0 J a 0 a d d ~y N To Report PSD 107 10 .+ e m R E = t0 M ~ y O ~ O Q ~ & o ~ Q c 7 'v c a ~ c ~ a a 9 N A N~ d o ~ a m a~ O ~ 1.1 N ai ~ (~ o m J N N ~ 3 ® ~ • O ~ R U Attachment 2 To Report PSD-107-10 4t\ °° ° ~ ° s o > ~~~ J r B` i ~ ~~p i E e ~o' W$a ~ ~rc o s h~z r s Z ~ ~ •• (n a~ Rtl°~~~ ~= ~ :5 a~ ~ ;;~~ ~ 0o fay o ~ a ; s g ¢g y p .- d 6 ' a~~» ~ -~ Q i w n c E~ ~ ~~ z ~o ,9 6 a ~=~w ~ ao=. ~~~ -, s ~ p=p ff- a ~::~ 0 0 0 ~~~.. ~,._u„ 3~ddS N 3d0 O Q ` ~ ~ ~ o ¢ ~ ~ ~ Q m ` g ~ ~ 8 R a a 0 :' ~ W a~ ~ ~~~ 0 Q ag O d ~~~ ° V1 o ~ v ~ o W F ~ qq ` AS p. p O _ ~~ 00 a ~ n S f s o p ~„ E ~3 "' ~.~:-net 0 0 s e ~ mW~ = ~ a ~~~ a ~ o a ~ n a ~ ~ - ss o o ~ ~ , ~ .~~~ d~~ .~ a d , o g ~~ ~~~ ~ ~° o _ Q W„ ^€~ O \~~ 0 ~ ~~ ~ r2Re age ~ Ss O \ 1 ~" qq Y&8 `n3~ O ~B~ ~ ! ~ n Z , / / F ~ } , a I t~ 5 i y. ~ // ~ e s AMENDMENT N0.78 TO THE CLARINGTON OFFICIAL PLAN Attachment To Report PSD-107-10 PURPOSE: To amend the Official Plan of the Municipality of Clarington by expanding the Hamlet boundary and redesignating lands from General Agricultural Area to Hamlet Residential. LOCATION: The subject lands are located north of Ormiston Street, east of Scugog Road, and within Part of Lot 17, Concession 5, former Township of Darlington. BASIS: This amendment is based on Council's consideration of an Official Plan Amendment Application (COPA 2003-009) submitted by Michael Ricciuto, Heather Ricciuo, Antonio Ricciuto, Isoline Ricciuto, Gina Stone and Russell Stone for the development of eight (8) single detached residential units on the subject lands. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: (i) By amending Map Al Land Use (Darlington); Map 61 Transportation (Clarington Rural Area); Map C2 Natural Heritage System. (North Darlington); Map D1 Oak Ridges Moraine Natural Heritage System (North Darlington); Map E1 Oak Ridges Moraine Landforms and Aquifer Vulnerability (North Darlington); Map F Natural Hazards and Land Characteristics; and, Map G Potential Aggregate Resource Areas to expand the limits of the Hamlet of Hampton boundary as provided on the attached Exhibit "A", Exhibit "B", Exhibit "C", Exhibit "D", Exhibit "E", Exhibit "F" and Exhibit "G", respectively; and, (ii) By amending Map Al Land Use (Darlington) redesignating lands from General Agricultural Area to Hamlet Residential as provided on the attached Exhibit "A". IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amendment regarding the implementation of the Plan shall apply to this amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amendment regarding the interpretation of the Plan shall apply to this amendment. Exhibit "A", Amendment No. 78 To the Municipality of Clarington Official Plan, Map A1, Land Use, Darlington ~' t ~ R ZONA L ~ l r ~ v~ ` ' ~ I , I ' ~ ~ ~ _ ~ NNIS ILLEN ~ RONE I ~~~ HYDRG ~ - OORRID _ _ I `~ OR ti SOLINA o o 0 ' - I ~ ~ ~ o z I ~ w I ~ i - p W ~ Expand Hamlet Boundary ~ I = ~ f- P ~ ~ `' Change from "General Agricultural Area" 1 ~ y' ~ ~ ~ _ _ _ _ ~ to "Hamlet Residential" F =' ~~~~ ~ `== == ~''' HA MPTON ~ ~ ~ ..: M ~ w m 1 REGIONAL ROAD 4 ~+ _ ~ rRg N S.C Aa yq~~q IMTFR•PR +°IAE _ D Vj~yC SAC G 11 y pf PF N C~NE ORTHERN P1PEL1 E ~~ x Exhibit "B", Amendment No. 78 To The Municipality of Clarington Official Plan, Map B1, Transportation, Clarington Rural Area ~ ~ ~t ~ ~~ gg ~ e= ~ ~ K ~ ~ ~ ~ ~ o ~ a gg~ m ~~ R ~ €~ I ~ ~ / I z~z~,` a ~o @GGGq g ~~~~ ~ I 2 °a ~pp V p f ~ ® O tl[0 Z ~~ ~ ~ ~ .----- --•-1-------- ----- - - j E _ - - I ~ -- -BL QNtl TNdD3tl ~ g !7 ~i n s g ~ 9 ~i ~ ~ ~ ~ I ~ i~~ &_ Y \ ~ ~~q ~ St!/yr ASMHSIH , ~~y N -' ~ I e. 6 I v¢ / ®.®• - zr awtl rmadaa ~ ~ ~ I _~~_ ~/ ~~ I a ` O I p ~ ~ a ~ am ~ s ~ ~ " w w J ~~ 9 ' Q ' LS Q.dY TNOM3tl ygWq ~ , b nl ^ 3 /A i 1 t U ~ y1 pR \\ \\\\ \\ h\ Q[ ~\\ ~ ~ E ~ ~ U 1 6 I U 1 ~ $ 9 i 9 I _ ~q { ry d K dVtl THOp3tl .~ ~ e;~y^( , y ~ a e® -._1 L_ -1 y ~ Exhibit "C", Amendment No. 78 To the Municipality of Clarington Official Plan, Map C2, Natural Heritage, North Darlington Exhibit "D", Amendment No. 78 To the Municipality of Clarington Official Plan, Map D1, Natural Heritage, North Darlington Exhibit "E", Amendment No. 78 To the Municipality of Clarington Official Plan, Map E1, ORM Landforms, North Darlington Exhibit "F", Amendment No. 78 To the Municipality of Clarington Official Plan, Map F, Natural Hazards, Clarington Exhibit "G", Amendment No. 78 To the Municipality of Clarington Official Plan, Map G, Potential Aggregate Resources, Clarington U • w a o ~ g T RONEJ, a. ~...! ~ ~ ' J ~ ; .. L_~~ ~ •• - ~ -- 1i~ ~~ Q Z J ~ WILLI L r 1O MILL AD O Off, i ~ C ,+ SO INA I ~ a EXPAND HAMLET ~ I ~ o BOUNDARY z z -- ~ ~ a, C7 w ~ of w w ~ ~ ` U U ~ ~ _ 1 J \ ~, ! ,I ~ ~ ~ F- w ' Q I I ~ I TON i o HA J ~ 0 i " REGIONAL R i (TAUNTON 01 ~ ~ O~ ¢ ~I ~ ~~ J NI O ~ O ~ OI 1 ~ > 1 CONCESS ON 1 BUTTERY _~ ~ O ~ ~ GLE ELGE CRT CRAIG CRT ~ ~ C AR A TAUNUS T 11 ~ CRT C C T GAUD w GATE '' 4 O K O ~ ~ ~ CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW N0.2010- being a By-law to adopt Amendment No. 78 to the Clarington Official Plan Httacnment 4 To Report PSD-107-10 WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Offcial Plan to add lands to the "Hamlet Residential" designation in Hampton; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 78 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By-law shall come into effect on the date of the passing hereof. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and fnally passed this day of 2010 Abernethy, Mayor Barrie, Municipal Clerk Attachment 5 To Report PSD-107-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of 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 Municipality of Clarington for ZBA 2003-036; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 9.3 "SPECIAL EXCEPTIONS -RESIDENTIAL HAMLET (RH) ZONE" is hereby amended by adding a new "Residential Hamlet Exception (RH-28) Zone" "9.3.28 RESIDENTIAL HAMLET EXCEPTION (RH-28) ZONE Notwithstanding Section 9.2 c. (i), on those lands zoned "RH-28" on the Schedules to this By-law shall be subject to the following zone regulations: a. Yard Requirements i) .Front Yard a) Minimum b) Maximum b. Garage Requirements 10 metres 20 metres i) The maximum permitted outside width of the garage shall be 40% of the total width of the house." 2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A-1) Zone" to "Holding -Residential Hamlet Exception ((H)RH-28) Zone"; and, "Agricultural Exception (A-1) Zone" to "Environmental Protection (EP) Zone" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Ad. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2010- ~ passed this day of , 2010 A.D.