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HomeMy WebLinkAbout99-109 R � r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- 109 being a By-law to amend By-law 84-63, the Comprehensive Zoning Bylaw 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 former Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section "12.4 Special Exception Urban Residential (R1) Zone", is hereby further amended by adding thereto, the following new Special Exception 12.4.44, as follows: "SECTION 12.4.44 URBAN RESIDENTIAL EXCEPTION (R1-44)ZONE Notwithstanding the provisions of Sections 12.1 and 12.2, those lands zoned (R1-44) on the schedules to this By-law shall only be used for a single detached dwelling and a home occupation use in accordance with the provisions of Section 3.11 of this By-law, save and except the retail sale of antiques, arts, crafts, or hobby items. In addition, lands zoned (R144) on the schedules to this By-law shall also be subject to the following zone regulations: i) For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a parking space excluding a private garage or carport. ii) Yard Requirements (minimum) a) Front Yard 6.0 metres to private garage or carport 4.5 metres to dwelling b) Exterior Side Yard 6.0 metres to private garage or carport 4.5 metres to dwelling iii) Parking Requirements a) 2 outdoor parking spaces (minimum) b) Where the two outdoor parking spaces are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is 30%. c) The minimum area of a private garage or carport shall be 18.58 square metres and the minimum width shall be 3.0 metres. d) Private garages and carports may extend a maximum of 3.0 metres in front of the dwelling unit." 2. Section "12.4 Special Exception Urban Residential (R1) Zone", is hereby further amended by adding thereto, the following new Special Exception 12.4.45, as follows: "SECTION 12.4.45 URBAN RESIDENTIAL EXCEPTION (R1-45) ZONE Notwithstanding the provisions of Section 12.2 those lands zoned (R145) on the schedules to this By-law shall also be subject to the following zone regulations: - 2 - i) For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a parking space excluding a private garage or carport. ii) Yard Requirements (minimum) a) Front Yard 6.0 metres to private garage or carport 4.5 metres to dwel I i ng b) Exterior Side Yard 6.0 metres to private garage or carport 4.5 metres to dwelling iii) Parking Requirements a) 2 outdoor parking spaces (minimum) b) Where the two outdoor parking spaces are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is 30%. c) The minimum area of a private garage or carport shall be 18.58 square metres and the minimum width shall be 3.0 metres. d) Private garages and carports may extend a maximum of 3.0 metres in front of the dwelling unit." 3. Section "13.4 Special Exception Urban Residential (R2) Zone", is hereby further amended by adding thereto, the following new Special Exception 13.4.24, as follows: "SECTION 13.4.24 URBAN RESIDENTIAL EXCEPTION (R2-24) ZONE Notwithstanding the provisions of Section 13.2 those lands zoned (R2-24) on the schedules to this By-law shall also be subject to the following zone regulations: i) For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a parking space excluding a private garage or carport. ii) Yard Requirements (minimum) a) Front Yard 6.0 metres to private garage or carport 4.5 metres to dwel I i ng b) Exterior Side Yard 6.0 metres to private garage or carport 4.5 metres to dwelling iii) Parking Requirements a) 2 outdoor parking spaces (minimum) b) Where the two outdoor parking spaces are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is 30%. c) The minimum area of a private garage or carport shall be 18.58 square metres and the minimum width shall be 3.0 metres. d) Private garages and carports may extend a maximum of 3.0 metres in front of the dwelling unit." 4. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone categories from: - 3 - "Urban Residential Type One (R1)" to "Holding — Urban Residential Type One Exception ((H)R1-44)" and "Environmental Protection (EP)" "Holding — Urban Residential Type Two Exception ((H)R2-3)" to "Holding — Urban Residential Type One Exception ((H)R1-44)" "Holding — Urban Residential Type Four ((H)R4)" to "Holding — Urban Residential Type One ((H)R1)", "Holding — Urban Residential Type One Exception ((H)R1-45)", "Holding - Urban Residential Type Two Exception ((H)R245)", "Environmental Protection (EP)" and "Agricultural (A)" "Environmental Protection (EP)" to "Holding — Urban Residential Type One ((H)R1), Holding — Urban Residential Type One Exception ((H)R1-44)", "Holding — Urban Residential Type Two Exception ((H)R2-24)" and "Agricultural (A)" Agricultural Exception (A-8)" to "Holding — Urban Residential Type One Exception (H)R1-45)" and "Environmental Protection (EP)" 5. Schedule "A" attached hereto shall form part of this By-law. 6. 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 5 day of July 1999. BY-LAW read a second time this 5 day of July 1999. BY-LAW read a third time and finally passed this 5 day of July 1999. Acti.�ag MAYOR j CLERK This is Schedule"A" to By-law 99- log , passed this 5 day of July , 1 999 A.D. _ � LOT 29 LOT ITIONAL LANDS 28 OVNED BY APPLICANT LIMIT OF DRAF7 LAM To K ewE9 ri APPLIfJNf N 78.33'W E 399- -" ^ I 102 N ri m pEr alVE Fa W J °c3 J N V-4-V.- J o / ... v 3 � N''.• 177 v v ...g.... vvv W v v v v v W /// ...k:...' v v v v v v F] R v v v v v v c Q _T1 ,e ❑ v v v +++ L41 R G.PLAN.N❑ 632- J Z ++ GLENVIEV ROAD P py 1 •'ii i%•-H-J0 ri 70• - v v vvv v vvvvvv 00.960w �_ v v v v v v v v v v 1 0 N N 45 U Lij vvvvvvvvvv REG. LAN NO. 45 v vvvv � vvvv Z z vvvvvvvvvvvvvv — ' C3 Z ig vvvvvovvvvv�vv ^ I _ ti vvvvvvvvvv v ❑ R v v v v v v v v v v v N60-3W ., I I W vvvvvvvvvv » W vvvvvvvvvv rc v FOURTH AVENUE N p0�3" ZQ 17 V r7 v 7!77 E '7 J vv � 4 -- r j v Iq O v v I- v vv N 1�_ " 10 9 0 ■ 7 6 REG. LA .Np. 75 li �VESTMIKtE STREET — ZONING CHANGE FROM "R1 9f TO " (H)R1 -44" + + ZONING CHANGE FROM "R1 " TO EE EP" ® ZONING CHANGE FROM "(H)R2-3" TO " (H)R1 -44" ZONING CHANGE FROM "(H)R4" TO " (H)R 1 " ZONING CHANGE FROM "(H)R4" TO " (H)R1 -45" ZONING CHANGE FROM "(H)R4" TO " (H)R2-24" ZONING CHANGE FROM "(H)R4" TO "A" ZONING CHANGE FROM "(H)R4" TO " EP" ZONING CHANGE FROM "A-8" TO " (H)R1 -45" ® ZONING CHANGE FROM "A-8" TO " EP" ® ZONING CHANGE FROM `EEP" TO " (H)R1 " ® ZONING CHANGE FROM "EP" TO " (H)R1 -44" ZONING CHANGE FROM E`EP" TO " (H)R2-24" ZONING CHANGE FROM "EP" TO "A" ® ZONING TO REMAIN "A" ZONING TO REMAIN " EP" ; COURTICE I ISSUE DATE : '00"AY 02 Apr. 28, 2000 PL991153 DECISION/ORDER NO. 0645 Ontario Ontario Municipal Board Commission des affaires municipales de ('Ontario Blackcreek Developments Ltd. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to rezone lands respecting Part of Lots 29 and 30, Concession 3 to permit the development of 114 residential lots, park, valley lands, reserves and road allowances. O.M.B. File No. Z990174 At the request of Blackcreek Developments Ltd.,the Regional Municipality of Durham has referred to the Ontario Municipal Board under subsection 51(15)of the Planning Act, R.S.O. 1990, c. P.13, a proposed plan of subdivision on lands composed of Part of Lots 29 and 30, Concession 3, in the Municipality of Clarington Region's File No. 18T-95029 O.M.B. File No. S000005 APPEARANCES : .., . V Parties Counsel* or Agents,- ;,41. Blackcreek Developments Ltd. S. Stein* H. Glass (Law Cie k� Region of Durham A.C. Allison* Kerry Meydam Linda Gasser Norm Monaghan D)4 . 7�J. qs:0 z0 MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. ROSENBERG ON APRIL 14 2000 The applicant Blackcreek Developments Ltd. owns approximately 35 acres of land located in the former Township of Darlington, now the Municipality of Clarington, in the Region of Durham. The property is located north of Nash Road between Trulls Road on the west and Courtice Road on the east in the Courtice Area of the former Town of .Newcastle. The property is located north of Highway No. 2. A small creek runs through the property. The owner has proposed to build 114 residential units on the site comprised of 76 single family detached units and 38 semi-detached family units. In addition 12 acres of - 2 - PL991153 land have been set aside as valley lands and as well there are additional park lands and floodplain lands. George Reynolds Drive would be the main arterial road into the subdivision. The owner is asking the Board to approve a rezoning for the property as well as a draft plan of subdivision and draft conditions. The Board was informed by Mr. Allison, the solicitor for the Region of Durham, at the opening of hearing in Bowmanville on April 10th that all of the Region of Durham's concerns were satisfactorily addressed in the draft conditions. The Board notes that the Municipality of Clarington was not represented at the hearing and the Board was also informed that the elected officials of the Municipality of Clarington opposed the rezoning and plan of subdivision but chose not to participate in the Ontario Municipal Board hearing. The Board was also informed that the Municipality of Clarington's planning staff supported the rezoning, the plan of subdivision and the conditions. Mr. Glenn Genge is an experienced and qualified planner. Mr. Genge gave evidence before the Board in support of the proposed rezoning and draft plan of subdivision and the draft conditions. Mr. Genge said: 1. The site is surrounded by existing residential housing to the south, east and west. Wetlands are to the north and there is a small tributary of the Black Creek which traverses the property generally in a north-south direction. 2. Access to the site is by way of the extension of George Reynolds Drive. 3. More than 50% of the proposed lots would back onto the valley lands. 4. The site is fully serviced. 5. A stormwater management plan has been prepared so that there will be very little disruption to the valley lands which are about one-third of the site. 6. The lands are located in the Courtice Urban Area and are designated "Living Area" in the Region of Durham's Official Plan and as well are designated Environmentally Sensitive Area. The "Living Area" is the same as a residential designation. 7. The intent of the Region's Official Plan has been met with regard to the rezoning, the plan of subdivision and the draft conditions. 8. With regard to the Clarington Official Plan, - 3 - PL991153 (a) All environmental impact studies have been done and complied with. (b) The lands are designated "Urban Residential". (c) Parkland dedication has been complied with. 9. The intent of the Clarington Official Plan has been maintained. 10. George Reynolds Drive is the proposed collector road through the subdivision and this road is the best route through the subdivision and where the least amount of environmental damage is caused to the wetlands. 11. The area is subject to the Wetlands Policy in the Official Plan and this policy has been adhered to. He said there were no significant negative impacts on the environment. 12. All environmental concerns have been satisfactorily addressed, particularly relating to the wetlands. 13. Mitigation measures have been incorporated into the draft plan of subdivision and the draft conditions and all of the valley lands have been dedicated to the Municipality of Clarington. 14. The site has been significantly down zoned since 1995 from high density to low density and is more compatible with the surrounding neighbourhood. 15. The site is close to a library, schools and good transportation is located nearby. 16. The Central Lake Ontario Conservation Authority said the application conformed to the provisions of the environmental impact study. 17. The rezoning, the draft plan of subdivision and the draft conditions represents good planning and implements the environmental impact study's recommendations. Ms Dale Leadbeater is a qualified biologist with extensive experience in wetlands. Ms Leadbeater also gave evidence before the Board in favour of the proposed development. Ms Leadbeater said the following: 1. Residential development of 114 residential units with the appropriate mitigation measures would not create an unacceptable adverse impact on - 4 - PL991153 the environment. 2. There was no opportunity to realign the George Reynolds Drive Extension. 3. There will be some impact on the thicket swamp area i.e. the proposed road is located over the thicket but wetlands located on either side of the road will be maintained i.e. set aside. She said there is a small swamp pocket here, and some vegetation will be displaced. 4. There are extensive mitigation factors i.e., (a) relocation of plants, (b) area disturbed is very limited, (c) minimum 25 metre setback of homes from the middle of the creek and Up to 50 metre setback of homes from the creek, (d) homeowner education package, and (e) maintain high ground water using three pipe system enhancing water into the creek, are all satisfactorily addressed in the conditions. 5. All wetland issues have been satisfactorily addressed. There are significant wetlands on the site but there are no unacceptable adverse impacts on these wetlands. The Central Lake Ontario Conservation Authority was part of the environmental impact study. 6. There is not a lot of surplus water in this area and what there is contributes very little to Black Creek. But the water here is mainly to sustain plant life, mainly surface water, i.e. there are no fish habitat in this area. 7. Seven uncommon plant species can be preserved within a 25 metre setback from the creek but some plants may have to be relocated. 8. The wildlife species i.e. birds can still be preserved in this area. 9. No detailed tree preservation plan is recommended for the subdivision. 10. She had regard to the Provincially Significant Wetland Guidelines. 5 ' PL991153 11. The loss of the minor Courtice Road tributary is justified because the tributary is (a) intermittent, (b) not a fishery, and (c) has no rare plants. 12. The site can be developed in an environmentally sound manner with the proper controls. 13. This is a better alternative than the proposed Adelaide Road extension which is proposed across a better quality forest to the north of the site. She said four alternative roads were looked at. 14. The wetlands are located in the northwest comer of the subdivision. Only 1 Y2 lots, Lots 53 and 54 are located in the wetlands area. The main wetland area disturbed is the George Reynolds Drive Extension. 1 '/ lots would not make any difference with regard to the impact on the wetlands and there is a very low level impact on the environment. 15. Six lots to the north have been set back an additional 5 metres. 16. George Reynolds Drive will have culverts built underneath to preserve waterflow from one side of the wetlands to the other side of the wetlands. Ron Huizer is also a qualified biologist specializing in wetlands. Mr. Huizer also gave evidence before the Board in support of the proposed development. Mr. Huizer said the following: 1. He identified plant species and wetlands on the property. 2. The wetlands are located in the northwest corner of the site and under the George Reynolds Drive Extension as well as along the creek. 3. Mainly surface water in this area. 4. He used the 50% rule and based on plant species he looked at, there were mainly "Upland species" in the area not the "wetland species" on the property. 5. Housing is being proposed on the "Upland species" area. 6. The mitigation measures proposed will preserve the wetlands in the area. 7. The willow thicket is a fairly robust system and can easily be maintained. - 6 - PL991153 8. There will be minimal impact on the wetlands from the proposed housing development. 9. There is a system of monitoring and mitigation measures proposed as set out in Section 12(b) of the conditions taking into account the recommendations of the environmental impact study. One person,Mr.William Manson, representing Courtice Heights Developments and Clarington Investments Limited who are the owners of 13 acres abutting the site and who were developing their lands for residential purposes also spoke before the Board in favour of the development. Mr. Manson said: 1. He is in favour of the residential development. 2. His companies have spent a lot of funds on improvements to the watershed, for instance, the cost of the master drainage study. 3. He wishes to be recompensed for his share of the costs for improvements made to date. He wants to be reimbursed for some of the expenses and he wants this made as a condition of any approval. A number of people spoke in opposition to the proposed development. Norm Monaghan lives in the immediate area. Mr. Monaghan gave evidence before the Board in opposition to the proposed residential development. Mr. Monaghan said: 1. The area is predominantly single family detached homes on Y2 acre lots. 2. There was a site plan approved in 1985 for higher density but this has lapsed. 3. This is a Provincially Significant Wetland Area. Many plants, fish, birds and mammals live in this area. 4. The area used to contain a cold water fishery. 5. The Ministry of Natural Resources never completely investigated this area. 6. The Adelaide Street extension will probably be extended in any event even if the George Reynolds Drive is not extended. 7. Destroying natural features of the area is not a part of the big picture. a - 7 - PL991153 Ms Linda Gasser, acting as agent for Kerry Meydam,also gave evidence before the Board in opposition. Ms Gasser said the following: 1. There is an absence of Ontario Ministry of Natural Resources evaluation and mapping of the subject lands. 2. The Black Farewell Wetland Complex has special features and must be maintained. 3. Provincial Policy Statement section 2.3(1)(a)"No development in significant wetlands" Incorrect information was given to the Ministry of Natural Resources. The wetlands in this area should have been included in the mapping and evaluation. 4. Central Lake Ontario Conservation Authority (CLOCA) considers the Birchdale site as adjacent lands and this is not correct. The site is part of the wetlands complex and development is not permitted at all. It is not a question of adverse impacts. 5. The extension of Adelaide Street is a separate issue. It should not be considered in relation to the extension of George Reynolds Drive. 6. Holding zone should not be removed. 7. Compliance monitoring is partially covered in Condition 12 (b) of the Draft Conditions but this should include mitigation measures that meet with the approval of all relevant agencies. 8. A contingency plan should be developed to deal with any proposed mitigation measures that fail. 9. The municipality should have at least one information session for new homeowners relating to environmental issues and the municipality should also do a site inspection. 10. The potential cumulative impact of this development has not been adequately addressed in the environmental impact study. Six other residents who live in the immediate area also gave evidence before the Board in opposition to the proposed development. Their concerns were as follows: - 8 - PL991153 They questioned the wisdom of designing a plan of subdivision around a wetland area. 2. Runoff problems of pesticides into the creek. 3. Nitrate or phosphate problems. 4. The developer has a bad history in the area. 5. If the subdivision is approved the developer should put up a substantial bond in case there is an environmental disaster. 6. The Ministry of Natural Resources did not complete the mapping for Provincially Significant Wetland Areas. 7. Traffic issues have not been properly addressed because: (a) George Reynolds Drive may not go through to Courtice Road. (b) There will be a significant increase in traffic on Jane Avenue. (c) The residents want cul-de-sacs not a grid pattern for traffic patterns in the area. 8. The environmental issues have not been satisfactorily addressed. 9. The loss of privacy in the use of neighbours' properties. 10. Contamination of existing wells or drying up of existing wells. 11. 50 feet of water runoff 3 feet deep comes down the creek in the spring water runoff from the winter snows. 12. People will not live in harmony with nature. 13. Homeowner packages are useless. The owners will probably not even read them. 14. The area is an ecological jewel and it should be preserved. It is a natural heritage area. 15. Too large an area of forest is going to be removed. 16. Severe drop in water table level. 9 " PL991153 17. Ineffectiveness of Courtice stormwater management system. 18. No compliance with the Official Plan objectives relating to population projections. The population in the area will double. 19. Should be more industrial and commercial development in the Town rather than residential development. 20. The environmental impact study was not broad enough. 21. Possible flood conditions have not been adequately addressed. 22. New services will force existing residents to hook up to them. This will be very costly to the existing homeowners many of whom are retired persons. The Board has carefully weighed all the evidence and prefers the testimony of Mr. Genge, Mr. Huizer and Ms Leadbeater. The Board finds that the rezoning of the property for a 114 unit residential subdivision is appropriate and desirable and represents good planning. What is proposed is a modest plan of subdivision that is compatible with the surrounding residential neighbourhood. The subject lands are designated "Living Area" and Environmentally Sensitive Area in the Region of Durham's Official Plan and designated Urban Residential in the Municipality of Clarington's Official Plan. The rezoning is for a residential use and actually represents a significant down zoning for the property. The Board finds that the intent of the Region of Durham's Official Plan and the Municipality of Clarington's Official Plan have been maintained. The Board also notes that more than 12 acres of land out of the total of 35 acres have been dedicated to the Municipality of Clarington for valley lands and parkland purposes in order to protect the small creek which runs through the site. The Board is also satisfied that there are no significant traffic problems associated with this residential subdivision and that the lots will be fully serviced. Access will be by way of the George Reynolds Drive Extension. The Board though does acknowledge there will be some increase in traffic in the neighbourhood. The Board also finds that there are no unacceptable adverse impacts to the environment and that any impact on the wetlands located on the site and to the north of the site are minimal in nature. Only a small part of the northwest corner of the site where 1 Y2 to 2 lots are located will impact on the wetlands. The George Reynolds Drive Extension can be built in such a manner as to have only a small impact on the wetlands. _ 10 - PL991153 The Board though, does acknowledge that some vegetation will be displaced and that there will be some minor disruption to the environment. The Board finds that the environmental impact study satisfactorily addressed these issues and that CLOCA was involved in that study. The Board also notes that there are 19 rather stringent draft conditions attached to this approval and that ultimately the Region of Durham, the Municipality of Clarington and CLOCA will have to clear these conditions before final approval is given by the Board. The Board also notes in Condition 12 that monitoring will be required as well as extensive mitigation measures. The Board notes that the residential homes will be set back anywhere from 25 to 50 metres from the existing creek and that a master drainage plan and lot grading plan will have to be submitted and approved. The Board finds that the subject property is not a Provincially Significant Wetland Area and can be developed in an environmentally sound manner. The Board has had regard to the Provincially Significant Wetland Guidelines. The subject property's application was started in March of 1995 and the Provincial Policy Statement came into force in May of 1996. The Board finds that the Provincial Policy Statement does not apply in this case. A holding by-law is not necessary in these circumstances because of the 19 draft conditions. Additional mapping by the Ontario Ministry of Natural Resources is also not necessary nor warranted because the Board is satisfied that the mitigation and monitoring measures proposed will generally maintain the character of the area. With proper monitoring the impact on the environment can be minimized. The Board is satisfied that a 114 unit residential subdivision can be developed with sensitivity to the surrounding environment particularly the wetlands to the north and the small creek which runs through the site. The proposed extension of George Reynolds Drive in this location will have the least environmental impact and provide adequate access to the subdivision. The matter of cost sharing of services between the various parties can be resolved among themselves. The Board is satisfied that there are sufficient checks and balances set out in the 19 draft conditions to adequately address the concerns of the residents and the neighbours. In the result, 1. The appeal is allowed. 2. The Board will approve: PL991153 (a) Draft plan of subdivision set out in Exhibit 8 which is attached as Attachment 1 to this decision. (b) Draft conditions set out in Exhibit 17 which are attached as Attachment 2 to this decision. 3. The Board amends Zoning By-law 84-63 in accordance with the draft zoning by-law set out in Attachment 3. 4. The Regional Municipality of Durham shall be responsible for confirming the clearance of conditions of draft approval and shall advise the Board prior to final approval that all conditions have been satisfied. If there are any problems the Board can always be spoken to. "M.A. Rosenberg" M.A. ROSENBERG MEMBER ATTACHMENT 1 PL991153 P' i t I Io ■ *. , t N • u 64 in JAA1F Av[ME I 1 �I� -T R1 Z -1 - r- 1 ,� I -1 1 e N I gas T, T- r r-;- I fi�y- I I _.L_ L I�1 C"rlc4r mw 'E0. *w No. ROAD ALLOW LOTS 28 AND 29 FF1�o D � r O ^'lo 0I-4 III � I III I I 1��a 1 e.11 . F t = p 0 : :_ $ N not �Cb� ti= ij�3; ` �j a► It RLitt t: a=6 sg t ! t, -r -�! 4 �: i Y i j ■� a if if i?I! p1l - t t • r as I �+ logo P' i t I Io ■ *. , t N • u 64 in JAA1F Av[ME I 1 �I� -T R1 Z -1 - r- 1 ,� I -1 1 e N I gas T, T- r r-;- I fi�y- I I _.L_ L I�1 C"rlc4r mw 'E0. *w No. ROAD ALLOW LOTS 28 AND 29 FF1�o D � r O ^'lo 0I-4 III � I III I I 1��a 1 e.11 . F t = p 0 : :_ $ N not �Cb� ti= ij�3; ` �j a► It RLitt t: a=6 sg t ! t, -r -�! 4 �: i Y i j ■� a if if i?I! p1l - t t • r as I �+ ATTACHMENT 2 PL9 9115 3 Conditions of Draft Plan Approval Plan of Subdivision Application 18T-95029 Municipality of Clarington 1. That this approval applies to draft Plan of Subdivision 18T-95029 prepared by D.G. Biddle and Associates dated (revised) November 1999, showing: Lots 1 —29, 39—44, 51 —52 with 15 m lot frontages, Lots 30—38, 45—50, 53, 65- 86, 91 with 12 m lot frontages and Lots 54 -64, 87- 90, 92- 95 for semi-detached or linked dwellings, Block 100 for a 0.48 ha park, Blocks 98- 99 for 5 ha of valleyland, Block 101, 102 and 103 to be retained by the applicant, and various blocks for reserve, road widening, sight triangle and walkways. 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Region of Durham and the Municipality of Clarington and shown as such on the final plan. 4. The Owner shall convey a road widening across the entire frontage of the draft plan to the Region of Durham for the purpose of widening Regional Road 34 (Courtice Road) such that the widening is sufficient to establish a minimum of 18.0 m from the centreline of Courtice Road to the subject property free and clear of all encumbrances. 5. 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. 6. The Owner shall convey Blocks 98, 99 and 100 to the Municipality of Clarington free and clear of all encumbrances and in a form satisfactory to the Municipality's solicitor. Block 100 shall be used for park purposes. 7. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 8. 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. Blocks 98 and 99 (valleyland - stormwater management facility) shall be zoned appropriately to prohibit buildings or structures with the exception of those required for flood and/or erosion control. The Blocks shall be gratuitously dedicated to the Municipality of Clarington. 9. That prior to the commencement of any on-site grading or construction or final approval of the plan, the Owner shall submit to, and obtain approval from the Central Lake Ontario Conservation Authority for reports describing the following: a. The intended means of conveying stormwater flow from the site, including the use of stormwater techniques which are appropriate and in accordance with provincial guidelines. The stormwater management facilities must be designed and implemented in accordance with the recommendations of the Preliminary Storm Drainage Report, Birchdale Village, D.G. Biddle &Associates Limited, 1998. b. The anticipated impact Of the development on water quality, as ft relates to fish and wildlife habitat, once adequate protective measures have been undertaken. C. The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site, or other related works, to comply with the Canada Fisheries Act d. A vegetation preservation and re-vegetation/planting plan in accordance with the recommendations of the Birchdale Village, Black Creek Developments Limited, Environmental Impact Study, Gartner Lee Limited, 1998. 10. The Owner shall carry out an archaeological resource assessment of the subject property and mitigate, through avoidance or documentation, adverse impacts to any significant archaeological resources found. No demolition, grading, filling, or any form of soil disturbances, shall take place on the subject property of from the Ministry of Citizenship, Culture and Recreation t the approval authority a letter indicating that all archaeological resource concerns have met licensing and resource conservation requirements. 11. All apparent populations of the seven species of regionally significant plants shall be marked (staked) and mapped during the summer. All of the perennial plants deemed to be rare and located within an area of proposed vegetation clearing should be dug up and carefully transplanted into suitable microhabitat locations within the area of forest retention. The soil surrounding the rare annual plants located within an area of proposed vegetation clearing, can be moved to suitable microhabitat locations within the area of forest retention. Also, the seed capsules from these species should be collected, opened and the seeds can be randomly spread near the stormwater pond and in the forest retention area to the satisfaction of the Municipality of Clarington. 12. That the Owner shall retain qualified consultants and submit the following to the satisfaction of the Municipality of Clarington: a• A planting plan be developed for the edges of the stormwater management pond and for the wetland remnant adjacent to George Reynolds Drive incorporating the transplanting and seeding of the significant plan species identified in Section 5.2 of the Environmental Impact Study. b• An Environmental Construction Management Plan be prepared taking into account all recommendations of the Environmental Impact Study prepared by Gartner Lee and Associates (1998) including monitoring by qualified professional consultants and mitigation measures as required. C. A qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. d• A professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. C:WV I N D O W S ME M P 195024-d a.d oc Planning 04111/00 Page 2 e. A qualified consultant to prepare a general plan showing buffers and tree removal areas to the Director of Planning and Development for review and approval. The plan shall identify those areas to be preserved and fenced to prevent intrusion of heavy machinery. Trees shall only be removed within the area directly subject to the residential subdivision. Notwithstanding, those trees located within the 5 metre naturalized area in lots 39-44 inclusive shall not be removed. f. A Stormwater Management Implementation Report, which provides for the sequential construction of the stormwater management works necessary for the entire watershed and addresses the impacts of developing this plan of subdivision in the absence of the balance of the watershed. 9. A Preliminary Grading and Drainage Plan for the areas adjacent to Jane Avenue and Fourth Avenue. All drainage in these areas must be self-contained. This required Plan must be approved prior to approval of this draft plan. h. A Master Grading and Drainage Plan that details the configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this subdivision. 13. No development will be permitted until such time as the adjacent draft plan of subdivision 18T-91006 to the west has been constructed in a manner that provides a road connection to Trulls Road via George Reynolds Drive. The suitability of any road connection will be subject to the approval of the Director of Public Works. 14. That the Owner provide for the extension of such sanitary sewer and water supply facilities which are extemal to, as well, as within, the limits of the plan which are required to service such plan. In addition, the Owner shall provide for the extension of trunk sanitary sewer and water supply facilities within the limits of the plan, which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities shall be designed and constructed according to the standards and requirements of the Works Department of the Regional Municipality of Durham; all arrangements, financial and otherwise, for said extensions are to be t the satisfaction of the Regional Municipality of Durham and are to be completed prior to release of the final plan for registration. 15. That any existing sanitary or water services within the plan which are proposed to be relocated shall be maintained in full service until such time as the new services have been completed and approved by the Region, and all costs incurred in relocation and abandonment of these services shall be borne by the Owner. 16. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 17. That prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to service the development. C:\WIND0WSITEMP195029-da.doc Planning 04/11/00 Page 3 18. That the Owner shall enter into a Subdivision Agreement with the Municipality of Clarington and agree to abide by all terms and conditions of the Municipality's standar subdivision agreement, including, but not limited to, the following: d a• That the Owner agrees to develop the site in accordance with the plans/reports/recommendations arising from Condition 9 to the satisfaction of the Central Lake Ontario Conservation Authority. b• That the recommendations contained in the plans and reports required in Condition 12 are implemented to the satisfaction of the Municipality. C. That all easements, road widenings, and reserves as be granted to the Municipality free and clear of all enc ummbrances the Municipality. d. The 0.3 metre reserves indicated on the draft plan as Blocks 104, 105 and 106 be granted to the Municipality free and clear of any encumbrances and in a form satisfactory to the Municipality's Solicitor. e• The developer is required to connect this subdivision plan to the existing road network by constructing Fourth Avenue, from and including the intersection of Fourth Avenue and Westmore Street north-easterly, within this plan of subdivision, to and including the intersection of Fourth Avenue and Jane Avenue. f• Land acquisition will be required to facilitate the construction of Fourth Avenue at Jane Avenue. The developer is responsible for 100% of the costs asso cent road ciated to provide road connections between the subject draft plan and adja network to the south and west. The cost shall include any works on existing road allowances external to this draft plan, which are necessary to accommodate the proposed development traffic, including sufficient road width and an appropriate transition taper to the existing pavement surface, to the satisfaction of the Director of Public Works. 9. No development of any kind will be permitted on Fourth Avenue until such time as the road is physically connected with Jane Avenue to the satisfaction of the Director of Public Works. h. That the developer makes every effort to secure the appropriate lands and constructs George Reynolds Drive to an urban collector standard from the east limit of this plan of subdivision easterly to Courtice Road, Regional Road 34. Prior to the authorization to commence the construction of a phase subsequent to phase 1, the developer should be prepared to construct George Reynolds Drive extension, from this plan of subdivision easterly to Courtice Road, Regional Road 34, or that the Director of Public Works is satisfied that the developer has made every reasonable effort to construct the extension of George Reynolds Drive. yn i That the developer is responsible for the construction of Jane Avenue to an urban road standard, from Fourth Avenue northerly to the south limit of this plan Of subdivision, in order to facilitate the internal servicing and connection of same between phase 2 and phase 3 of this plan of subdivision and the servicing of Lot 25. C:1 W I N D OW S\T E M P X95029-d a.d oc Planning 04/11/00 Page 4 j. George Reynolds Drive and Street B must be constructed to the east limit of the subdivision and Lot 44 will remain frozen until such time that George Reynolds Drive is extended easterly, beyond the limits of this draft plan and is constructed to a finished urban roadway including Regional services, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees and street lighting, for the entire frontage width abutting the "frozen" lot. k. That the north side of George Reynolds Drive be fully serviced with water, sanitary sewer, storm sewer, hydro telephone and cable television for any developable lands on future lots which may front onto the north side of George Reynolds Drive. I. That the construction and servicing of this plan of subdivision conform to the phasing plan submitted, approved and on file with the Director of Public Works. M. This development cannot proceed until such time as the Municipality has approved the expenditure of funds for the provision of road construction and installation of sidewalks on Jane Avenue, Fourth Avenue and Westmore Street, as well as any other external works or services which have been included in the Municipality's Development Charge By-law and have been deemed necessary by the Director of Public Works to service this development. n. The developer is required to construct the stormwater management works required for this development and specifically, the works proposed in the Stormwater Drainage Report prepared for Birchdale Village dated November 1998 and prepared by D.G. Biddle and Associates and the Black Creek Tributary Master Drainage Plan, dated May 1991 and prepared by G.M. Semas and Associates. This work shall be constructed to the satisfaction of the Conservation Authority and the Director of Public Works. o. Development of this plan of subdivision will not be permitted until all stormwater oversized downstream works necessary to accommodate drainage from the subject draft plan have been constructed in a manner satisfactory to the Director of Public Works. P. Block 96 must align with the location of the existing walkway in the subdivision to the west (18T-91006). q. The developer is responsible to construct a walkway on Block 96 and Block 97 to provide a pedestrian connection between adjoining subdivisions to the south. The details of this walkway shall be determined at the detailed engineering stage of this plan of subdivision. r. The location and design details for all construction accesses to the proposed development must be approved by the Director of Public Works. S. The applicant must enter into a development agreement with the Municipality, which includes all requirements of the Public Works Department regarding the engineering and construction of all internal works, and services related to this plan of subdivision. t. A "Staging Plan" shall be included within the subdivision agreement. Any other necessary provisions that will control the sequential development of this C:IWINDOWS\TEMP%5029-da.doc Planning 04/11/00 Page 5 subdivision and other adjacent undeveloped lands, shall also be included within the subdivision agreement to the satisfaction of the Director of Public Works. U. All works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By-law# 92-015 and all applicable legislation and to the satisfaction of the Director of Public Works. V. That during construction, all heavy construction vehicles shall not use any portion of Westmore Street or the southern portion of Jane Avenue from Fourth Avenue to Westmore Street W. That Blocks 96 and 97 for walkways be constructed in phase one and transferred to the Municipality free and clear of all encumbrances to the satisfaction of the Director of Public Works. X. That the Owner shall fulfil the requirements of the Environmental Impact Study as prepared by Gartner Lee and Associates (February 1998) with respect to hydrogeology including the use of roof leaders directed toward the downhill edge of buildings and not directed to the storm sewer system. Multiple downspouts should be used to spread the flow over as wide an area as one metre long trench plugs located every 10 metres shall be placed along alon, buried services, including services running from the individual homes where those services exceed 10 metres in length. All trench plugs shall be constructed within the right-of-way. A hydrogeologist shall review and be satisfied with the proposed design. Y. That the Owner shall fulfil the requirements of the Environmental Impact Stud y as prepared by Gartner Lee and Associates (February 1998) with respect to the establishment of foundation weepers and a third pipe system shall be utilized to direct groundwater downstream. Weeper drains and third pipes shall not be discharged to storm sewers. Z. In order to ensure the movement of water through the wetland crossed by the extension of George Reynolds Drive, small horizontal culverts located at ground level in combination with a large culvert designed to accommodate storm events, shall be installed to the satisfaction of the Conservation Authority and the Municipality. In addition, the use of Compacted native material and the use of permeable bedding materials under and along the length of the extension of George Reynolds Drive is required. aa. That guidelines be prepared to establish a homeowner education program to encourage stewardship of the open space lands and to educate landowners about the unique sensitivities associated with the open space lands. Included in the guidelines shall be policies regarding disposal of garden refuse, and disposal Of swimming pool water. In addition, residents should be made conscious of the significance of the wetland and its function, as well as the impact users have on the valleylands. The guidelines shalt be provided to all homeowners in their purchase and sale agreement. The Owner shall erect a sign on north edge of the property to advise residents that the adjacent wetlands are part of the provincially significant Black-Farewell Wetland Complex. C:1WINDOWS\TEMP 9502"a.doc Planning 04/11/00 Page 6 bb. That 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. cc. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc., as per the Municipality's standards and criteria. dd. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc., to be buried underground. ee. That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement 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 deposits as may be required by the Municipality. ff. That the Owner shall adhere to architectural control requirements of the Municipality. gg. That prior to the issuance of building permits, the Owner shall, through its acoustic engineer, to provide a certification to the Director of Planning, certifying that the Builder's plans are in accordance with the Noise Control Report as approved by the Ministry of the Environment and the Municipality of Clarington, if required. hh. 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. ii. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development 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. 1j. That the Owner satisfy the Municipality of Clarington Public Works Department, financially and/or otherwise. kk. That the Owner satisfy the Central Lake Ontario Conservation Authority financially and/or otherwise. II. That the builder includes a disclosure in all purchase and sale agreements advising homebuyers of municipal parking regulations. C:\WIND0WS\TEMP9$029 da.doc Planning 04111/00 Page 7 mm. That the Owner ensures that on-street parking spaces are appropriately located in the vicinity of dwelling units and are not adversely affected by the road geometrics. nn. That all single-detached and semi-detached/linked dwelling units are constructed with two (2) outdoor parking spaces. 00. That the Owner erect 1.2 metre high chain link fence along the side and rear yards of all residential lots within this plan of subdivision abutting Blocks 98, 99 and 100. PP. The Owner agrees to establish a geodetic benchmark in the vicinity of Trulls Road and George Reynolds Drive, which will serve as vertical control for the Glenview Neighbourhood. The Owner will be responsible for 100% of the cost of establishing this benchmark. qq. That the applicant provides the Planning Department, on disk in a CAD format acceptable to the Municipality a copy of the plan of Subdivision as draft approved and final approved. 19. Prior to final approval of this plan for registration, the Regional Municipality of Durham shall be advised in writing by: a. The Region of Durham, how Conditions 1, 3, 4, 5, 7, 14, 15, 16 and 17 have been satisfied; b• The Municipality of Clarington, how Conditions 1, 2, 3, 5, 6, 7, 8, 11, 12, 13 and 18 have been satisfied; C. The Central Lake Ontario Conservation Authority, how Conditions 8, 9 and 18 a), 18 n) and 18 kk) have been satisfied; d. The Ministry of Citizenship, Culture and Recreation, how Condition 10 has been satisfied. Notes to Draft ADDroyal 1• As the Owner of the proposed subdivision, it is in your interest, as well as 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. 2. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 3• Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement shall 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. The Central Lake Ontario Conservation Authority 100 Whiting Avenue, Oshawa, L1 H 3T3. (905) 579-0411 CNVINOOWSITEMN9502"a.doc Planning o i /00 Page 8 ATTACHMENT 3 PL991153 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- 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 former Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section '12.4 Special Exception Urban Residential (R1) Zone", is hereby further amended by adding thereto, the following new Special Exception 12.4.44, as follows: 'SECTION 12.4.44 URBAN RESIDENTIAL EXCEPTION (R1-44) ZONE Notwithstanding the provisions of Sections 12.1 and 12.2, those lands zoned (R1- 44) on the schedules to this By-law shall only be used for a single detached dwelling and a home occupation use in accordance with the provisions of Section 3.11 of this By-law, save and except the retail sale of antiques, arts, crafts, or hobby items. In addition, lands zoned (R1-44) on the schedules to this By-law shall also be subject to the following zone regulations: i) For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a parking space excluding a private garage or carport. ii) Yard Requirements (minimum) a) Front Yard 6.0 metres to private garage or carport 4.5 metres to dwelling b) Exterior Side Yard 6.0 metres to private garage or carport 4.5 metres to dwelling iii) Parking Requirements a) 2 outdoor parking spaces (minimum) b) Where the two outdoor parking spaces are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is 30%. -2 -' c) The minimum area of a private garage or carport shall be 18.58 square metres and the minimum width shall be 3.0 metres. d) Private garages and carports may extend a minimum of 3.0 metres in front of the dwelling unit." 2. Section '12.4 Special Exception Urban Residential (R1) Zone", is hereby further amended by adding thereto, the following new Special Exception 12.4.45, as follows: "SECTION 92.4.45 URBAN RESIDENTIAL EXCEPTION (R1-45) ZONE Notwithstanding the provisions of Section 12.2 those lands zoned (R145) on the schedules to this By-law shall also be subject to the following zone regulations: 1) For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a parking space excluding a private garage or carport. ii) Yard Requirements (minimum) a) Front Yard 6.0 metres to private garage or carport 4.5 metres to dwelling b) Exterior Side Yard 6.0 metres to private garage or carport 4.5 metres to dwelling iii) Parking Requirements a) 2 outdoor parking spaces (minimum) b) Where the two outdoor parking spaces are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is 30%. c) The minimum area of a private garage or carport shall be 18.58 square metres and the minimum width shall be 3.0 metres. d) Private garages and carports may extend a maximum of 3.0 metres in front of the dwelling unit." 3. Section °12.4 Special Exception Urban Residential (R1) Zone", is hereby further amended by adding thereto, the following new Special Exception 12.4.49, as follows: "SECTION 12.4.49 URBAN RESIDENTIAL EXCEPTION (R149) ZONE Notwithstanding the provisions of Section 12.1, 12.2 and 3.20 a., those lands zoned (R149) on the schedules to this By-law shall only be used for a single detached dwelling and a home occupation use in accordance with the provisions of Section 3.11 of this By-law, save and except the retail sale of antiques, art, crafts, or hobby items. In addition, lands zoned (R149) on the schedules to this By-law shall also be subject to the following zone regulations: ' -3 - i) For the purpose of this zone, an OUTDOOR PARKING SPACE shall mean a parking space excluding a private garage or carport. ii) Yard Requirements (minimum) a) Front Yard 6.0 metres to private garage or carport 4.5 metres to dwelling b) Exterior Side Yard 6.0 metres to private garage or carport 4.5 metres to dwelling c) Rear Yard 10 metres d) Accessory Structures All accessory buildings and/or structures shall be setback 5 metres from an Environmental Protection (EP) Zone. e) Naturalized Area Lands located within 5 metres of the rear yard shall be used only for the preservation of the natural environment and shall remain treed. iii) Parking Requirements a) 2 outdoor parking spaces (minimum) b) Where the two outdoor parking spaces are provided tide by side the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is 30%. c) The minimum area of a private garage or carport shall be 18.58 square metres and the minimum width shall be 3.0 metres. d) Private garages and carports may extend a maximum of 3.0 metres in front of the dwelling unit." 4. Section "13.4 Special Exception Urban Residential (R2) Zone", is hereby further amended by adding thereto, the following new Special Exception 13.4.24, as follows: 'SECTION 13.4.24 URBAN RESIDENTIAL EXCEPTION (R2-24) ZONE Notwithstanding the provisions of Section 13.2 those lands zoned (R2-24) on the schedules to this By-law shall also be subject to the following zone regulations: i) For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a parking space excluding a private garage or carport. ii) Yard Requirements (minimum) a) Front Yard 6.0 metres to private garage or carport 4.5 metres to dwelling b) Exterior Side Yard 6.0 metres to private garage or carport 4.5 metres to dwelling { -4 - iii) Parking Requirements a) 2 outdoor parking spaces (minimum) b) Where the two outdoor parking spaces are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is 30%. c) The minimum area of a private garage or carport shall be 18.58 square metres and the minimum width shall be 3.0 metres. d) Private garages and carports may extend a maximum of 3.0 metres in front of the dwelling unit." 5. Schedule "4" to By-law 64-63, as amended, is hereby further amended by changing the zone categories from: 'Urban Residential Type One (R1)" to'Urban Residential Type One Exception (R1- 44)" and 'Environmental Protection (EP)" "Holding - Urban Residential Type Two Exception (H)(R2-3)" to "Urban Residential Type One Exception (R1-44)" 'Holding - Urban Residential Type Four (H)(R4)" to "Urban Residential Type One (R1)", "Urban Residential Type One Exception (R145)", Urban Residential Type One Exception (R1-49) "Urban Residential Type Two Exception (R2-24)", 'Environmental Protection (EP)" and "Agricultural (A)" "Environmental Protection (EP)" to 'Urban Residential Type One (R1)", 'Urban Residential Type One Exception (R144)", "Urban Residential Type Two Exception (R2-24)" and "Agricultural (A)" "Agricultural Exception (A-8)" to "Urban Residential Type One Exception (R1-45)" and "Environmental Protection (EP)" 6. Schedule 'A" attached hereto shall form part of this By-law. 6. 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 14th day of April 9- 2000 BY-LAW read a second time this 14thday of April XA)9W. 2000 BY-LAW read a third time and finally passed this 14th day of April 2000 MAYOR CLERK This is Schedule"A" to By-law 99- , passed this day of . 1999 A.D. JUTM YMflOMI ll..r w.o A MAIf/i/r e . I w - w ' • ��JYT L . .... • e.�..• .. — N W ... •...... ••..•••..• r RCG•l.Af NC 4 Z z ..•• vv TT•oTV",• — w < • ..•� .•. • • ...• I _ 4 .... . . . ....♦...... ...r.. i ...f...... ... ..r.... •�. .� vv WT ry .. 'mmew "on ZONING CHANGE FROM 'R1" TO 4R1-44" • ZONING CHANGE FROM 'R1" TO -EP- ZONING CHANGE FROM '(H)R2-3"TO 'R144" ZONING CHANGE FROM -(H)R4" TO 'R1" ZONING CHANGE FROM '(H)R4" TO 'R1-45" ® ZONING CHANGE FROM '(H)R4" TO -R149" ZONING CHANGE FROM (H)R4" TO 'R2-24" ® ZONING CHANGE FROM -(H)R4" TO 'A' ZONING CHANGE FROM -(H)R4" TO 'EP- .... ZONING CHANGE FROM 'A-8" TO 'R1-45' ® ZONING CHANGE FROM 'A-8"TO -EP- RM ZONING CHANGE FROM 'EP" TO 'R1" ZONING CHANGE FROM 'EP' TO 'R1-44" ® ZONING CHANGE FROM 'EP' TO "R2-24" ® ZONING CHANGE FROM -EP- TO 'A' ZONING TO REMAIN 'A' •• ZONING TO REMAIN 'EP- COURTICE cu.rr EXPLANATORY NOTE Appeal to the Ontario Municipal Board - Denial by Municipality of Clarington Council of Rezoning Application DEV 95-020 to Implement Draft Plan of Subdivision Application 18T95029 by Black Creek Developments Ltd. Existing Zoning Category - Zoning By-Law 84-63 "Urban Residential Type One (R1)", 'Holding - Urban Residential Type Two Exception ((H) R2-3)", 'Holding - Urban Residential Type Four ((H) R4)", 'Environmental Protection (EP)", and 'Agricultural Exception (A-8)" Requested Zoning Category -Zoning By;L-aw 84-63 "Urban Residential Type One Exception (R1-44)", 'Environmental Protection (EP)", "Urban Residential Type One (R1), 'Urban Residential Type One Exception (R1-45)", 'Urban Residential Type One Exception (R1-49)" , "Urban Residential Type Two Exception (R2-45)", 'Agricultural (A), and 'Urban:Residential Type Two Exception (R2-24)". Purpose of Desired Zoning Change The purpose and effect of the desired zoning change is to implement a draft plan of subdivision, application 18T95029 to the Region of Durham, for residential lots for 76 single detached units, 38 semi detached (link) units and blocks for walkways, valley land and parkland dedication and future development. Description of Lands Under Appeal The lands under appeal and subject of the rezoning and draft plan of subdivision applications are as follows and as shown on the map attached to the proposed draft by- law : Part Lots 29 and 30, Concession 3 Former Township of Darlington Now in the Municipality of Clarington Regional Municipality of Durham The lands are also within the "Courtice Urban Area" of the Clarington Official Plan.