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Home My WebLink About2011-018CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011-018 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 DEV 90-007; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding -Urban Residential Type One ((H)R1) Zone" to "Holding -Urban Residential Exception ((H)R2-71) Zone"; "Agricultural (A) Zone" to "Holding -Urban Residential Exception ((H)R2-71) Zone"; "Agricultural (A) Zone" to "Holding -Urban Residential Exception ((H)R2-72) Zone"; "Agricultural (A) Zone" to and "Holding -Urban Residential Exception ((H)R3-40) Zone"; and "Agricultural (A) Zone" to and "Holding -Urban Residential Type One ((H)R1) Zone"; as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By-law. 3. 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 passed in open session this 7~h day of March, 2011. Adria F r,.Map~_ -__ ~C - - - This is Schedule "A" to By-law 2011- 018 , passed this ~rh day of March , 2011 A.D. BILLETT _ GATE - ADELAIDE AVENUE MALLORY ST '%! .~y~ ,i- K ~ : L ' _ w t•~ _ - iii ~ - ~' ~~~•f • .~ \1 t ;lii ~~, ~•li`~1 ~~ DAISEYFIELD AVENUE I I N ~ ,I I y / ~ ~ ~ o ~4i a a~ D ~ N o ~ ' ~ ~\ ~ /~ /v ~~,- Zoning Change From "(H)R1"" To "(H)R2-71" ®Zoning Changefrom "A" To "(H)R1" ®Zoning Change From "A" To "(H)R2-71" ~ Q Zoning Change From "A" To "(H)R2-72" Zoning Change From "A" To "(H)R3-40" dria ter, Mayor atti .Bar' ,Municipal Clerk ~ ~ N e / 1 `/ I / \ I BILLETT GATE McLEAN R F W ~ DLP E w OR E O COURTICE ~ DEV 90-007 T U � ISSUE DATE: l November 22, 2011 tVT PL1 10403 MMO, U Ontario Municipal Board Commission des affaires municipales de I'Ontario IN THE MATTER OF subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Clifford Curtis Subject: Proposed Plan of Subdivision Property Address/Description: Lot 31, Conc. 3, Twp. of Darlington Municipality: Town of Clarington Municipal File No: 18T-90003 OMB Case No: PL1 10403 OMB File No: PL1 10403 IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Clifford Curtis Subject: By-law No: 2011-018 Municipality: Town of Clarington OMB Case No: PL1 10403 OMB File No: PL1 10405 IN THE MATTER OF subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Clifford Curtis Subject: Proposed Plan of Subdivision Property Address/Description: Part Lot 32, Conc. 3, Twp. of Darlington Municipality: Town of Clarington Municipal File No: 18T-89055 OMB Case No: PL1 10403 OMB File No: PL1 10404 ---------------- IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. I vai ,[A ended ORIGINAL TO: ❑ COUNCIL U COUNCIL ❑ FILE Appellant: Clifford Curtis DIRECTION INFORMAI!ON Subject: By-law No. 2011-20 COPYTO: Municipality: Town of Clarington ❑ MAYOR ❑ CAO OMB Case No: PLI 10403 O Cw"CIL OMB File No: PLI 10406 ❑ COMMUNITY ❑ CORPORATE ❑ EMERGENCY SERVICES SERVICES SERVICES ❑ ENGINEERING ❑ MUNICIPAL ❑ OPERATIONS '5 ERICES CLERK'S ik- PLANNING ❑ SOLICITOR ❑ TREASURY SERVICES ❑ OTHER MUNICIPAL CLERK'S FILE t-�C__�J J 1 0EQ - 2 - PL110403 APPEARANCES : Parties Counsel*/Agent Clifford Curtis 1317870 Ontario Limited (Kingsberry Mark Foley Properties) Municipality of Clarington Andrew Allison* William Tonno Construction Limited Cora Tonno Central Lake Ontario Conservation Stefanie Gouley Authority MEMORANDUM OF ORAL DECISION DELIVERED BY SYLVIA SUTHERLAND ON OCTOBER 24, 2011 AND ORDER OF THE BOARD This was a settlement hearing conducted by telephone conference relating to applications by 1317870 Ontario Limited (Kingsberry) and William Tonno Construction Limited (Tonno) for Draft Plans of Subdivision and Zoning By-law Amendments on lands legally described as part of Lot 31 Concession 3 and Part of Lot 32, Concession 3 (Subject Lands) respectively, in the former Township of Darlington, now the Municipality of Clarington (Municipality). Background On March 7, 2011, Clarington's council approved Draft Plans of Subdivision 18T-90003 and 18T-89055. Council also approved By-laws 2011-018 and By-law 2011- 20, amending Comprehensive Zoning By-law 84-63 to implement the Kingsberry Draft Plan and the Tonno Draft Plan. Clifford Curtis (Appellant) appealed the decisions of the Municipality approving the two Draft Plans and the two By-laws on the grounds that the storm water drainage scheme for the subdivisions, if constructed as proposed, will cause accelerated erosion of his property at 3280 Tooley Road, likely resulting in a slope failure with significant - 3 - PL110403 damage to both his land and his neighbours' properties. He felt the Municipality's conditions requiring-the monitoring of the-watercourse--running-through the properties too inadequate to control downstream erosion. Evidence Carlo Pellarin, manager of the Development Review Branch within the Municipality's Planning Services Department, gave expert evidence on behalf of the Parties, outlining the proposals and reviewing the Minutes of Settlement (Exhibit 1). Mr. Pellarin said that, subsequent to filing the appeals, representatives of the Municipality, Central Ontario Conservation Authority, Kingsberry and Tonno initiated discussions with the Appellant in an effort to resolve the appeals. Other property owners, Marcel Joseph LaPointe and Heather Joan LaPointe, who had an interest in the appeals, were also involved in the discussions. These discussions resulted in the. execution of the Minutes of Settlement (Exhibit 1) currently before the Board, which amend the Conditions of Draft Approval for both plans of subdivision to include a condition wherein: 1. Kingsberry Properties and Tonno (the "Owners") agree to submit a detailed engineering design for the toe protection works; 2. the design will be subject to the review and approval by the Central Lake Ontario Conservation Authority, the Municipality's Director of Engineering Services and the Director of Planning Services; 3. the Owners agree to be 100% responsible financial (sic) and otherwise for undertaking toe protection work for a distance not exceeding 35 metres along the tributary of Farewell Creek; 4. the Owners' engineering consultant. will derive a cost estimate for the identified works and the Owners shall provide for securities equal to 100% of the costs to complete such work, subject to the approval of the Central Lake Ontario Conservation Authority, the Director of Engineering Services and the Director of Planning Services; - 4 - PL110403 5. the toe protection work shall remain in good repair during the construction period and securities will be released in conjunction with securities held for the construction and maintenance of the stormwater management facility, but no earlier than two (2) years following the construction of the toe protection work; and 6. the Owners agree to submit and undertake a monitoring program for the work completed during the maintenance period to the satisfaction of the Central Lake Ontario Conservation Authority and the Director of Engineering Services. It was Mr. Pellarin's opinion that the Conditions of Draft Approval attached as Schedule "A" to the Minutes of Settlement (Exhibit 1), the Kingsberry Draft Plan of Subdivision, and the Tonno Draft Plan of Subdivision: 1. have proper regard for provincial policy; 2. conform to the Durham Regional Official Plan; 3. conform to the Clarington Official Plan; 4. have proper regard for the criteria set out in subsection 31(24) of the Planning Act, and 5. represent good planning. It was also his opinion that By-laws 2011-18 and 2011-20, as adopted by Clarington_Council and marked as Tabs D and E respectively in Exhibit 2 implement the proposed plans of subdivision and represent good planning. Mr. Pellarin told the Board that the applications represent the appropriate densities, consider the natural environment, and consider such important elements as transportation and schools. He recommended their approval subject to the revised Conditions of Draft Plan Approval. All Parties present expressed agreement. - 5 - PL110403 The Order Having reviewed the evidence and the relevant planning instruments, the Board approves the Minutes of Settlement and Orders the following: 1. The appeal is allowed in part and the Kingsberry Draft Plan of Subdivision 18T-90003 prepared by D. G. Biddle & Associates Limited, identified as project number 93055, dated May 2009, and last revised September 2010, and further red-line revised, is approved subject to the fulfillment of the conditions set out in Exhibit 1; 2. The appeal is allowed in part and the Tonno Draft Plan of Subdivision 18T-89055 prepared by D. G. Biddle & Associates Limited, identified as project number 86219, dated December 2007 and last revised on September 15, 2010, and further red-line revised, is approved subject to the fulfillment of the conditions set out in Exhibit 1; 3. That pursuant to s. 51(56.1) of the Planning Act, the Municipality of Clarington shall have the authority to clear the conditions of draft plan approval and to administer final approval of the plans of subdivision for the purposes of s. 51(58) of the Act. In the event that there are any difficulties implementing any of the conditions of draft plan approval, or if any changes are required to be made to the draft plans, the Board may be spoken to; and 4. That the appeals against By-law 2011-18 and By-law 2011-20 of the Municipality of Clarington are dismissed. So Orders the Board. "Sylvia Sutherland" SYLVIA SUTHERLAND MEMBER