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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: June 5, 2023 Report Number: PDS-036-23
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By:
File Number:
Report Subject:
Mary -Anne Dempster, CAO Resolution#: PD-050-23
By-law Number:
Revised Applications by Beach Road Villas Inc., Golf Vista Homes
Corporation and Panterra Inc. for a Draft Plan of Subdivision and Zoning
By-law Amendment to Dermit 117 residential units in Newcastle
Recommendations:
1. That Report PDS-036-23 and any related delegations or communication items, be
received;
2. That the applications by Beach Road Villas Inc., Golf Vista Homes Corporation and
Panterra Inc. for a Draft Plan of Subdivision and Zoning By-law Amendment,
municipally known as 688A, 688B, 694 and 704 North, Newcastle be supported
subject to the conditions as generally contained in Attachment 1 to Report PDS-036-
23.
3. That the application for rezoning submitted by Beach Road Villas Inc., Golf Vista
Homes Corporation and Panterra Inc. be approved as contained in Attachment 3 to
Report PDS-036-23;
4. That any Council and/or public concerns be addressed through the subdivision draft
conditions and any related site plan process, if applicable;
5. That once all requirements of the Draft Plan of Subdivision are satisfied with respect
to the removal of the (H) Holding Symbol and conditions of the site plan approval are
satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved;
6. That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PDS-
036-23 and Council's decision; and
7. That all interested parties listed in Report PDS-036-23 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PDS-036-23
Report Overview
Page 2
This is a recommendation report relating to the applications for a Draft Plan of Subdivision
and a Zoning By-law Amendment by Beach Road Villas Inc., Golf Vista Homes Corporation
and Panterra Inc. to permit 51 single detached dwellings, 36 semi-detached dwellings and
30 street townhouse dwellings. The Plan also contains a parkette block (0.10 hectare) and
an open space block (5.14 hectare) to be dedicated to the Municipality.
1. Application Details
1.1 Owner/Applicant: Beach Road Villas Inc., Golf Vista Homes Corporation and Panterra
Inc. New Paragraph information
1.2 Proposal:
Draft Plan of Subdivision
The proposed Draft Plan of Subdivision would permit 117 residential units consisting of
51 single detached dwellings, 36 semi-detached dwellings and 30 street townhouse
dwellings. The subdivision would be accessed from a new local road from North Street.
Zoning By-law Amendment
To rezone the lands from "Agricultural Exception (A-1)", "Agricultural Exception (A-60)",
and "Environmental Protection (EP)" to appropriate zones that would permit single
detached, semi-detached and townhouse dwelling units with the proposed lot sizes and
provisions.
1.3 Area: 11.17 hectares (27.6 acres)
1.4 Location: North Street, Newcastle Village
1.5 Roll Number: 181703013011300
1.6 Within the Built Boundary: Yes
Municipality of Clarington
Report PDS-036-23
Page 3
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Single Detached C Townhouse Park ® 686 North Street
Semi Detached Future Development a Environmental Protection Road
Figure 1 — Area subject to applications
2. Background
2.1 On July 12, 2021, Beach Road Villas Inc., Golf Vista Homes Corporation and Panterra
Inc. submitted applications for proposed Draft Plan of Subdivision and Zoning By-law
Amendment for lands at 668A, 668B, 694 and 704 North Street.
2.2 A Statutory Public Meeting was held on October 25, 2021, to provide background
information regarding the applications and to obtain public comments. The proposal
was for 131 units consisting of 57 single detached dwellings, 48 semi-detached
dwellings and 26 townhouse dwellings.
Municipality of Clarington Page 4
Report PDS-036-23
2.3 Since the Public Meeting Report, the applicant has worked towards resolving staff,
agency, and public comments. The latest Draft Plan of Subdivision has been revised as
follows:
• The unit count was reduced from 131 units consisting of 57 single detached
dwellings, 48 semi-detached dwellings and 26 townhouse dwellings to 117 units
consisting of 51 single detached dwellings, 36 semi-detached dwellings and 30
street townhouse dwellings;
• The proposed minimum lot frontage for the semi-detached dwellings was
increased from a minimum of 7.5 metre to 9 metres;
• The proposed minimum lot frontage for the street townhouse dwellings was
increased from a minimum of 6 metres to 7 metres;
• The open space (Block 76) was increased in size by refining the limits of the
development lands; and
• A parkette (Block 80) was provided.
2.4 A summary of the public submission from the Statutory Public Meeting is provided in
Section 8 of this report.
2.5 A portion of the subject lands are traversed by the Foster Creek and its associated
valley system which makes up part of the Natural Heritage System. These lands have
been included in the proposed Open Space block. The development has limited
frontage on North Street and is directly behind ten existing residential properties fronting
on North Street and Regional Road 17, as the road name changes in this general
vicinity.
2.6 The lands are within the North Newcastle Neighbourhood. In 2012, a Neighbourhood
Design Plan was approved, based on the previous policies of the Clarington Official
Plan for the southern two thirds of the neighbourhood between North Street and Arthur
Street. This area is depicted in blue on Figure 2 below.
Municipality of Clarington
Report PDS-036-23
Figure 2: North Newcastle Village Secondary Plan Area
Page 5
2.7 Based on a request from a Landowners Group, Council authorized staff to commence a
Secondary Plan process for the remainder of the lands south of Concession Road 3. In
2019, a Public Meeting was held for a Secondary Plan area as shown in red on the
same figure. The subject lands are part of the additional study area shown in yellow,
that are being considered as part of the Secondary Plan process. A key component of
the North Newcastle Secondary Plan is the alignment for the intersection of North Street
/Regional Road 17 with Concession Road 3. The Environmental Assessment is
currently underway as part of the Secondary Planning process.
Municipality of Clarington Page 6
Report PDS-036-23
3. Land Use Characteristics and Surrounding Uses
3.1 Foster Creek and associated valley bisects the subject lands. The lands to the west of
the Foster Creek generally drain easterly towards the creek, while the lands east of the
creek slope westerly, draining away from North Street and towards the creek. The area
proposed for residential development currently includes three existing residences and
the balance is being used for agricultural crops. The lands have limited frontage on
North Street.
3.2 The surrounding uses are as follows:
North - Docville and existing residential dwellings on private services
South - Existing residential dwellings on private services, CP Rail line and the Foster
Creek Neighbourhood
East - North Street and two Draft Approved Plans of Subdivision by Brookfield Homes
and DG Group
West - Highway 35/115, agricultural land and rural residential on Bellwood Drive
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. Land
use patterns shall be based on densities and a mix of land uses that efficiently use land,
resources and infrastructure.
4.2 Opportunities for redevelopment and intensification are to be promoted where it can be
accommodated. Municipalities must provide a variety of housing types and densities,
efficiently utilizing existing infrastructure and public transit facilities.
4.3 The applications are consistent with the Provincial Policy Statement.
Provincial Growth Plan
4.4 The proposed development is within the defined Built Boundary and within the
Newcastle Village Urban Boundary.
4.5 Growth is to be accommodated in the built-up areas through intensification and efficient
use of existing services and infrastructure. A minimum of 40 percent of all residential
development occurring annually within each upper tier municipality will be within the
built-up area.
Municipality of Clarington
Report PDS-036-23
Page 7
4.6 The development of complete communities is encouraged by promoting a diverse mix of
land uses, a mix of employment and housing types, high quality public open space and
easy access to local stores and services.
4.7 The applications conform with the policies and objectives of the Growth Plan.
5. Official Plans
Durham Regional Official Plan
5.1 The Durham Region Official Plan designates the subject lands as Living Areas. Living
Areas permit the development of communities incorporating the widest possible variety
of housing types, sizes and tenure to provide living accommodations that address
various socio-economic factors.
5.2 Living Areas shall be developed in a compact form through higher densities and by
intensifying and redeveloping existing areas.
5.3 The Region of Durham Official Plan identifies Key Natural Heritage and Hydrologic
Features to the west of the subject lands. Development or site alteration is not permitted
in Key Natural Heritage and Hydrologic Features, including any associated vegetation
protection zone, as determined through an Environmental Impact Study.
5.4 The applications conform with the policies and objectives of the of Durham Region
Official Plan.
Clarington Official Plan
5.5 The Clarington Official Plan designates the subject property between North Street and
the west side of the Foster Creek as "Urban Residential" and "Environmental Protection
Area". The lands west of the Foster Creek valley are outside of the Newcastle Urban
Area and designated "Prime Agricultural Area".
5.6 The "Environmental Protection Area" designation recognizes the most significant
components of the Municipality's natural environment. As such, these areas and their
ecological functions are to be preserved and protected from the effects of human
activity. Development proposals adjacent to natural heritage features require an
Environmental Impact Study to be submitted to detail the limits of the feature and its
buffer.
5.7 The primary land use in the "Urban Residential" designation is for housing with a
minimum density of 16 units per net hectare and a maximum of three storeys.
5.8 North Street in front of this property is designated a Type B Arterial Road, with specific
policies regarding right-of-way widths, and intersection spacing.
Municipality of Clarington Page 8
Report PDS-036-23
5.9 The Clarington Trails Schedule (Map K) identifies a potential Regional Trail following the
Foster Creek valley from the CP rail line in the south northerly to Highway 407.
5.10 The applications conform with the policies and objectives of the Clarington Official Plan.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1)", Agricultural
Exception (A-60)" as well as "Environmental Protection (EP)."
6.2 A Zoning By-law Amendment proposes to place subject lands in an appropriate R3
Urban Residential zone subject to a Holding zone to implement the Draft Plan of
Subdivision. Open space lands and their buffers would be placed in the Environmental
Protection (EP) Zone. A draft Zoning By-law Amendment for the subject lands is
provided as Attachment 3 to this report.
Holding Provision
6.3 The Holding zone will remain on the lands until the necessary conditions of draft
approval and development agreements are in place for the draft plan of subdivision.
6.4 The development agreements will require the applicant to, among other matters:
address the recommendations of the background studies, including submissions
of additional information, plans and reports; and
• provide for municipal services and road works that will service the development.
6.5 An additional holding provision will apply to Lots 56 to 58 which will be precluded from
development until such time as the existing easement over the rear of the lots has been
rescinded.
7. Summary of Background Studies
Planning Justification Report, June 2021 (as amended)
7.1 The Planning Report prepared and submitted in support of the proposal concludes that
the applications represent good planning and are in the public interest.
Functional Servicing and Stormwater Management Report, June 2021 (as amended)
7.2 The Functional Servicing and Stormwater Management Report submitted in support of
the proposal concludes that subject to a trunk water, sewer and storm extension on
north Street water and sanitary services will be available to service the proposed plan of
subdivision and subject to a related stormwater management pond being developed by
a neighbouring subdivision stormwater can be appropriately managed.
Municipality of Clarington
Report PDS-036-23
Page 9
7.3 The Environmental Noise Assessment submitted in support of the proposal concludes
that subject to noise mitigation measures (acoustic fencing, upgraded building materials,
mandatory air conditioning) and warning clauses that the sound levels for the future
residents are acceptable.
Site Screening Questionnaire, July 2021
7.4 The Site Screening Questionnaire prepared by the Owner concluded there are no areas
of concern.
Environmental Impact Study, February 2021 (as amended)
7.5 The Environmental Impact Study submitted in support of the proposal concludes that
subject to appropriate buffers and grading the proposal will not have a negative impact
on the natural heritage system.
Energy Efficiency and Sustainability Plan, July 2021
7.6 The Energy Efficiency and Sustainability Plan submitted in support of the proposal
concludes that the proposal meets the principles of Sustainable Development as
outlined in the Municipality of Clarington Official Plan.
Stage 1 and 2 Archaeological Assessment, June 2021
7.7 The Stage 1 and 2 Archaeological Assessment submitted in support of the proposal
concludes that no archaeological resources were identified within the Stage 2
Archaeological Assessment and the planned development as proposed poses no
concern to any known archaeological resources.
Transportation Impact Study, May 2021 (as amended)
7.8 The Transportation Impact Study submitted in support of the proposal concludes that:
• The proposed development implements the TDM measures and incentives
identified in this report to support active transportation and transit and to reduce
the numbers of single -occupant -vehicle trips to and from the proposed
development;
• The proposed development provides the recommended internal pedestrian
sidewalks;
• The proposed development provides the recommended internal street network
traffic control types; and
• The proposed development provides input and works with the Region of Durham
as part of the North Street EA to construct the two-way centre left turn lane on
North Street and back-to-back left turn lane at the proposed development access
and south access to the subdivision to the east of North Street.
Municipality of Clarington
Report PDS-036-23
8. Public Submissions
Page 10
8.1 A Statutory Public Meeting was held on October 25, 2021. Notification was provided to
all property owners within 120 metres of the site. Signage was posted on the property
and notification was also posted to the Municipality's website.
8.2 Staff received comments from the landowner to the south who owns 686 North Street
regarding an existing access easement over a portion of 684 North Street.
8.3 These comments and concerns will be discussed in Section 10 of this report.
9. Department and Agency Comments
9.1 Various agencies and internal departments were circulated for comments on the
applications. Attachment 4 to this report is a chart showing the list of circulated parties
and whether or not we have received comments to date.
10. Discussion
10.1 The proposed development of 51 single detached dwellings, 36 semi-detached
dwellings and 30 street townhouse dwellings helps to meet Provincial Growth Plan
targets by adding units within the built boundary and existing urban area.
10.2 The proposed development includes a parkette and open space lands being conveyed
to the Municipality which meets municipal objectives and helps protect the natural
heritage system.
10.3 New roads and other services will be provided to service this development and a
planned future development to the north. The road pattern allows for connectivity to the
planned future development to the north. A future development block allows for certain
lands to the south on North Street to develop and access the local road network thereby
reducing the number of driveways to North Street.
10.4 The proposed development relies on a trunk sewer extension in North Street and a
proposed stormwater management facility south of the subject lands before
development can occur. The applicant is aware of these servicing constraints and has
agreed to appropriate conditions of draft approval being included.
10.5 The majority of the external agencies, authorities and internal departments have no
objection to the applications subject to conditions.
10.6 The proposed development meets the intent of the Provincial Policy Statement, the
Growth Plan, the Durham Region Official Plan and the Clarington Official Plan.
10.7 The proposed development represents good planning.
Municipality of Clarington Page 11
Report PDS-036-23
Addressing Comments and Concerns from Residents
10.8 Staff received comments from the landowner to the south who owns 686 North Street
regarding an existing access easement over a portion of 684 North Street.
10.9 After the public meeting it was confirmed that an existing access easement exists in
favour of 686 North Street over a portion of 684 North Street. The applicant advised
that discussions with the owner of 686 North Street had been undertaken with the goal
of having the easement rescinded as the owner of 686 North Street owns 680 North
Street as well and can access both properties from North Street. The applicant also
offered to allow access over Block 79 from the new Street C.
10.10 To date the negotiations have not been successful. At this time the applicant is
proposing the easement remain shown on the rear of lots 56 to 58 and the applicant will
continue to pursue various options to have the easement rescinded. Until such time as
the rescindment of the easement occurs, lots 56 to 58 will not be permitted to register or
have building permits issued.
11. Financial Considerations
11.1 The capital infrastructure required for this development will be built by the developer and
assumed by the Municipality upon acceptance. The Municipality will include the new
capital assets in its asset management plans and be responsible for the major repair,
rehabilitation and replacement in the future.
11.2 Maintenance and minor repairs of the parkette, open space and road infrastructure will
be included in future operating budgets.
12. Concurrence
12.1 This report has been reviewed by Deputy CAO/Treasurer who concurs with the
recommendations.
Municipality of Clarington Page 12
Report PDS-036-23
13. Conclusion
13.1 In consideration of all agency, staff and public comments, it is respectfully
recommended that the application for Draft Plan of Subdivision and the Zoning By-law
Amendment, as submitted by Beach Road Villas Inc., Golf Vista Homes Corporation
and Panterra Inc., be supported and approved respectfully, subject to the Draft Plan
conditions included in Attachment 1 and the Holding provisions which will be removed
once all requirements of the Draft Plan of Subdivision are satisfied and conditions of the
site plan approval are satisfied.
Staff Contact: Morgan Jones, Principal Planner, 905-623-3379 Ext 2426 or
mjones@clarington.net..
Attachments:
Attachment 1 — Proposed Conditions of Draft Approval
Attachment 2 — Plan of Subdivision
Attachment 3 — Zoning By-law Amendment
Attachment 4 — Agency Comments
Attachment 1 to
PDS-036-23
CONDITIONS OF DRAFT APPROVAL
File Number: S-C-2021-0004
Issued for Concurrence: May 19, 2023
Notice of Decision:
Draft Approved:
Carlos Salazar, MCIP, RPP
Director of Planning and Development Services
Municipality of Clarington
Part 1 — Plan Identification
1 The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-2021-0004 prepared by Paul A. King, Panning & Development
Consultant, identified as Project number 1, dated April 18, 2021, revised June 3,
2022, and further revised December 23, 2022, as redlined, which illustrates 51
single detached lots, 36 semi-detached lots, 30 street townhouse lots, a future
development block, a parkette, environmentally protected lands and roads.
1.2The redline revisions are:
(a) Add a 0.3 metre reserve along the rear of Lots 31 to 33, inclusive, in favour of the
Ministry of Transportation;
(b) Add a 0.3 metre reserve along the frontage of Block 79, in favour of the
Municipality;
(c) Revise the 14m Structural Setback to 14 metre Ministry of Transportation
Setback;
(d) Revise Block 77 from Other Lands Owned by Applicant to Open Space.
Part 2 — General
2.1 The Owner shall enter into a subdivision agreement with the Corporation of the
Municipality of Clarington (the "Municipality") that contains all of the terms and
conditions of the Municipality's standard subdivision agreement respecting the
provision and installation of roads, services, drainage, other local services and all
internal and external works and services related to this plan of subdivision. A copy
Page 11
of the Municipality's standard subdivision agreement can be found at
https://www.clarington.net/en/do-business/resources/application-forms/subdivision-
agreement.pdf
2.2 The Owner shall name all road allowances included in the draft plan to the
satisfaction of the Municipality and the Regional Municipality of Durham (the
"Region").
2.3 All works and services must be designed and constructed in accordance with the
Municipality's Design Guidelines and Standard Drawings.
Architectural Control
2.4 (1) The Owner shall be 100% responsible for the cost of any architectural
design guidelines specific to this development, as well as 100% of the cost
for the "Control Architect" to review and approve all proposed models and
building permits, to the satisfaction of the Director of Planning and
Infrastructure Services.
(2) No residential units shall be offered for sale to the public on the draft plan
until such time as architectural control guidelines and the exterior
architectural design of each building has been approved by the Director of
Planning and Infrastructure Services.
(3) No building permit shall be issued for the construction of any building on any
residential lot or block on the draft plan, until the architectural control
guidelines for the development and the exterior architectural design of each
building and the location of the building on the lot has been approved by the
Director of Planning and Infrastructure Services.
Marketing and Sales
2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and
surrounding land uses. The Land Use Plan shall be in a format approved by
the Director of Planning and Infrastructure Services.
(2) The Owner shall erect and maintain a sign on the development site and/or in
the sales office which shows the Land Use Plan as approved by the Director
of Planning and Infrastructure Services.
(3) The Owner shall submit its standard Agreement of Purchase and Sale to the
Director of Planning and Infrastructure Services which includes all warning
clauses/ notices prior to any residential units being offered for sale to the
public.
Site Alteration
Page 12
2.6 Draft plan approval does not give the Owner permission to place or dump fill or
remove fill from, or alter the grade of any portion of the lands within the draft plan.
The Owner shall be required to obtain a permit from the Municipality under Site
Alteration By-law 2008-114, as amended, for any such work. If any portion of the
lands are within an area regulated by a conservation authority, the Owner shall
obtain a permit from the conservation authority in addition to obtaining approval
from the Director of Planning and Infrastructure Services regarding the intended
haulage routes, the time and duration of the site alteration work and security
relating to mud clean up, road damage and dust control in accordance with the
Dust Management Plan in Section 4.7. After registration of a subdivision
agreement, the provisions of the Municipality's standard subdivision agreement
shall apply to any proposed site alteration on the lands covered by the subdivision
agreement.
Part 3 — Final Plan Requirements
3.1 The following road allowances shown on the draft plan shall be dedicated to the
Municipality upon registration of the final plan:
(a) Streets A, B, C, D and E
3.2 The following road allowances shown on the draft plan shall be dedicated to the
Region of Durham upon registration of the final plan:
(a) Sight Triangles and Road Widening
• A 5 metre road widening and two 10 metre by 15 metre sight triangles at Street
A and North Street shown as Block 78 on the draft plan.
(b) Reserves
• 0.3 metre reserves shown as Blocks 81 and 82 on the draft plan.
3.3 The Owner shall transfer to the Municipality (for nominal consideration free and
clear of encumbrances and restrictions) the following lands and easements:
(a) Temporary Turning Circle
• A temporary turning circle shown over Lot 21 on the draft plan.
(b) Reserves
• A 0.3 metre reserve to be shown on Block 79 on the draft plan.
• A 0.3 metre reserve shown as Block 86 on the draft plan.
(c) Parkland Dedications
• Parkette shown as Block 80 on the draft plan.
(d) Environmental Protection Lands shown in Blocks 76 and 77 on the draft plan.
Page 13
Part 4 —Plans and Reports Required Prior to Subdivision Agreement/Final Plan
Registration
4.1 The Owner shall submit the following plans and report or revisions thereof:
Phasing Plan
(1) This draft plan shall be developed in one registration only.
Noise Report
(2) The Owner shall submit to the Director of Planning and Infrastructure Services, the
Director of Planning and Infrastructure Services and the Region, for review and
approval, an updated noise report.
Functional Servicing
(3) The Owner shall submit an updated Functional Servicing Report satisfactory to the
Director of Services and Ganaraska Region Conservation Authority.
Community Theme Plan
(4) The Owner shall submit a "Community Theme Plan" to the Director of Planning
and Infrastructure Services and Director of Planning and Infrastructure Services for
approval. Such plan shall include design concepts for a community theme
including gateway treatments, landscape treatments, lighting fixtures, fencing
details and related design issues for the overall design, location and configuration
of trails and open space buffers. All Engineering Drawings shall conform with the
approved Community Theme Plan.
Environmental Sustainability Plan
(5) The Owner shall submit an update of the Environmental Sustainability to the
satisfaction of the Director of Planning and Infrastructure Services. Such plan shall
identify the measures that the Owner will undertake to conserve energy and water
in excess of the standards of the Ontario Building Code, reduce waste, increase
recycling of construction materials and utilize non -toxic, environmentally
sustainable materials and finishes. The plan shall include the location of a shade
tree, or provision for a voucher from a local nursery to allow the purchaser to
acquire a shade tree to provide passive solar gain during the various seasons.
Soils Management Plan
(6) Prior to Authorization to Commence, the Owner shall provide a Soils Management
Plan for review and approval by the Director of Planning and Infrastructure
Services. Such plan shall provide information respecting but not limited to any
proposed import or export of fill to or from any portion of the Lands, intended
haulage routes, the time and duration of any proposed haulage, the source of any
soil to be imported, quality assurance measures for any fill to be imported, and any
proposed stockpiling on the Lands. All imported material must originate from within
Page 14
the Municipality of Clarington. The Owner shall comply with all aspects of the
approved Soils Management Plan. The Director may require the Owner to provide
security relating to mud clean up, dust control and road damage.
Dust Management Plan
(7) Prior to Authorization to Commence Works, the Owner is required to prepare a
Dust Management Plan for review and approval by the Director of Planning and
Infrastructure Services. Such plan shall provide a practical guide for controlling
airborne dust which could impact neighbouring properties. The plan must:
(a) identify the likely sources of dust emissions;
(b) identify conditions or activities which may result in dust emissions;
(c) include preventative and control measures which will be implemented to
minimize the likelihood of high dust emissions;
(d) include a schedule for implementing the plan, including training of on -site
personnel;
(e) include inspection procedures and monitoring initiatives to ensure effective
implementation of preventative and control measures; and
(f) include a list of all comments received from the Municipality, if any, and a
description of how each comment was addressed.
Part 5 —Special Terms and Conditions to be Included in the Subdivision
Agreement
5.1 Cost Sharing Agreement
The Owner enter into a cost sharing agreement with the abutting landowners and
the Municipality be provided with a copy of a notarized letter confirming that a
cost sharing agreement has been entered into and who has entered into said
cost sharing agreement.
5.6 Parkland
The Owner acknowledges that in accordance with section 51.1 of the Planning
Act, R.S.O. 1990, c.P.13., 5% of the draft plan requires a conveyance of land 0.3
hectare in area.
The Owner proposes to convey Block 80 (0.1 hectare) to the Municipality for park
or other public recreational purposes in accordance with section 51.1 of the
Planning Act, R.S.O. 1990, c.P.13.
The Owner acknowledges that Block 77 is not developable as access to Highway
35/115 will not be granted and Environmental Protection lands separate Block 77
from other developable lands. Therefore, the Owner proposes to convey Block 77
(0.95 hectare) to Municipality as additional Environmental Protection lands.
The conveyance of Environmental Protection lands is not defined as parkland and
would not typically satisfy parkland dedication requirements. However, in this
Page 15
unique case, the Municipality will accept Block 77 and Block 80 as satisfying the
requirements for parkland dedication for this draft plan. Although Block 77 and
Block 80 total area is 1.05 hectares the Owner agrees that an over dedication has
not occurred and no money is owed to the Owner.
5.7 (1) In this section, "Park Plan" means a plan prepared by a qualified
landscape architect showing:
(a) all proposed park features including walkways, playgrounds, sports
fields and seating areas; and
(b) the proposed grading and stormwater drainage system to demonstrate
that the proposed park size, configuration and topography will allow for
the construction of park facilities.
(2) An Authorization to Commence shall not be issued for any Works until the
Owner has submitted and the Director has approved the Park Plan.
(3) The Owner shall construct, and ensure the Engineering Drawings incorporate
the final grades for the park including 200 mm minimum topsoil and seeding,
sodding, fencing, all storm sewer servicing within the park and provision of
sanitary sewer, water connections and hydro service to the park property line
along the park frontage.
(4) For purposes of the Subdivision Agreement, all works under the section
5.8(3) are considered a separate Works Component with a minimum
maintenance period of 2 years.
(5) The parkette be constructed no later than when 50% of the occupancies
have been granted.
5.8 Noise Attenuation
(1) The Owner shall implement the noise attenuation measures recommended in
the updated noise report (the "Noise Report").
(2) The Owner shall not make an application for a building permit for any building
on the Lands until an acoustic engineer has certified that the plans for the
building are in accordance with the Noise Report.
5.9 Temporary Turning Circles
(1) A temporary turning circle is required at north end of Street B where
roadways are incomplete and Lot 21 abutting temporary turning circles will be
frozen and not eligible for building permits.
(2) Where part of all of a temporary turning circle is on lands outside of the road
allowances, the Owner shall convey an easement to the Municipality in a
form satisfactory to the Municipal Solicitor. Such easement shall be released
Page 16
for nominal consideration when the turning circle is removed to the
satisfaction of the Director of Planning and Infrastructure Services.
(3) Where proposed road connects to existing temporary turning circle, the
Owner shall restore all areas to municipal standards. This includes curbs,
sidewalks, asphalt, drainage, boulevard topsoil and sod, street trees and
streetlighting relocations, all to the satisfaction of the Director of Planning and
Infrastructure Services.
5.14 Existing Structures
The Owner shall obtain demolition permit(s) to remove all existing buildings and
structures from the Lands, unless such buildings or structures are to be preserved
for heritage purposes.
Part 6 — Agency Conditions
6.1 Region of Durham
(1) The Owner shall prepare the final plan and shall include a land use table on the
basis of the approved draft plan of subdivision, prepared by Paul A. King,
identified as Project number 1, dated April 18, 2021, revised June 3, 2022, and
further revised December 23, 2022, which illustrates 51 lots for single detached
dwelling units, 18 lots for 36 semi-detached dwelling units, 6 blocks for 30 street
townhouse dwelling units, one block for open space, one block for a parkette,
one road widening block, one block for future development, one block for other
lands owned by the applicant, two blocks for 0.3m reserves and roads.
(2) The Owner shall carry out an archaeological assessment of the subject property
and mitigation and/or salvage excavation of any significant heritage resources to
the satisfaction of the Ministry of Heritage, Sport, Tourism, and Culture
Industries. No grading or other soil disturbance shall take place on the subject
property prior to a letter of clearance from the Ministry of Heritage, Sport,
Tourism, and Culture Industries.
(3) The Owner shall agree in the Subdivision Agreement to implement the
recommended noise control measures contained in the report, entitled
"Environmental Noise Assessment, Draft Plan of Subdivision, North Village West
Lands, 668A, 668B, 694 & 704 North Street, Part of Lots 29 & 30, Concession 2,
Clarke, Municipality of Clarington, Town of Newcastle", prepared by YCA
Engineering Limited, dated June, 2021, which specifies noise attenuation
measures for the development. The measures shall be included in the
Subdivision Agreement and must also contain a full and complete reference to
the noise report (i.e. author, title, date and any revisions/addenda) and shall
include any required warning clauses identified in the acoustic report. The Owner
shall provide the Region with a copy of the Subdivision Agreement containing
such provisions prior to final approval of the plan.
Page 17
(4) Prior to the finalization of this plan of subdivision, the Owner must provide
satisfactory evidence to the Regional Municipality of Durham in accordance with
the Region's Soil and Groundwater Assessment Protocol to address site
contamination matters. Such evidence may include the completion of a Regional
Reliance Letter and Certificate of Insurance. Depending on the nature of the
proposal or the findings of any Record of Site Condition (RSC) Compliant Phase
One Environmental Site Assessment (ESA), an RSC Compliant Phase Two ESA
may also be required. The findings of the Phase Two ESA could also necessitate
the requirement for an RSC through the Ministry of the Environment,
Conservation and Parks, accompanied by any additional supporting information.
(5) The Owner shall submit plans showing the proposed phasing to the Region of
Durham 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 grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities. The easements shall be in
locations and of such widths as determined by the Region.
(7) The Owner shall provide for the extension of such sanitary sewer and water
supply facilities which are external to, as well as within, the limits of this plan that
are required to service this plan. In addition, the Owner shall provide for the
extension of 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 are to be designed and
constructed according to the standards and requirements of the Region of
Durham. All arrangements, financial and otherwise, for said extensions are to be
made to the satisfaction of the Region of Durham and are to be completed prior
to final approval of this plan.
(8) Prior to entering into a Subdivision Agreement, the Region of Durham shall be
satisfied that adequate water pollution control plant and water supply plant
capacities are available to the proposed subdivision.
(9) The Owner shall convey to the Region, free and clear of all encumbrances,
sufficient road allowance widening to provide a minimum of 15.0 metres
measured from the centreline of Regional Road 17 along the total frontage of
Regional Road 17.
(10) The Owner shall convey to the Region, free and clear of all encumbrances,
15.0 metre x 10.0 metre sight triangle dedications at the Regional Road 17 /
Street A intersection
(11) The Owner shall satisfy all requirements, financial and otherwise, of the
Region 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.
Page 18
6.2 Conservation Authority
Prior to the final clearance of the subject subdivision, the following conditions of
approval must be addressed to the satisfaction of GRCA:
(1) That prior to the registration of the plan, or any phases thereof, the owner
shall prepare to the satisfaction of Ganaraska Region Conservation
Authority (GRCA) and the Municipality of Clarington:
(a) A revised Functional Servicing Report (FSR).
(b) Detailed engineering plans prepared by a professional engineer for the
stormwater management and infrastructure which must be implemented
in accordance with the final Functional Servicing Report.
(c) Appropriate sediment and erosion control measures to be implemented
and maintained during all phases of construction.
(d) That confirmation be received from a qualified professional that
stormwater management facilities and associated mitigation measures
required by the approved FSR have been constructed in accordance with
the approved plans.
(2) That plans detailing the proposed cut and fill balance can be achieved to the
satisfaction of GRCA be submitted, and that if required, red -line revisions to
the plan be made. In this regard, red -line revisions may be required to the
plan to ensure that the floodplain does not encroach onto any proposed
residential lots.
(3) That a holding provision be placed on all lots that may presently be subject
to flooding in a Regional storm event, until such time as the requisite cut and
fill works have been completed to allow for the conveyance of Regional
Storm flows, in addition to all other works required (that must be endorsed
by GRCA) to remove these lots from the floodplain. This holding provision
shall not be removed until such time as the requisite works have been
completed, and details have been submitted for the review and approval of
GRCA, that indicate that these lots are no longer subject to the flood hazard.
The holding provision would apply to the following lots currently shown within
the floodplain: Lots 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 49, 50,
54 and 55.
(4) That the applicant obtain all necessary permits required under Ontario
Regulation 168/06 - GRCA's regulation.
Page 19
(5) That the implementing zoning by-law recognize all lands below top of bank
and floodplain in a floodplain zoning category which has the affect of
prohibiting structural encroachment, to the satisfaction of GRCA.
(6) That the owner agree in the subdivision agreement, in wording acceptable
to GRCA:
(a) to carry out, or cause to be carried out, to the satisfaction of GRCA, the
recommendations of the technical report referenced in Condition 1;
(b) to agree to, and implement, the requirements of GRCA's conditions in
wording acceptable to GRCA;
(c) to design and implement on -site erosion and sediment control;
(d) to maintain all stormwater management and erosion and sedimentation
control structures operating and in good repair during the construction period,
in a manner satisfactory to GRCA;
(e) to obtain any additional permits pursuant to Ontario Regulation 168/06 -
GRCA's current regulation, that may be required as a result of any changes to
the plan, and/or as otherwise required;
(f) to erect a permanent fence to the satisfaction of GRCA for lots and blocks
abutting the valley corridors and floodplains as required.
(7) That the draft plan be red -line revised in order to meet the requirements of
GRCA's conditions, if necessary.
(8) That valley corridor Block 76 be dedicated to the Municipality of Clarington.
6.3 Kawartha Pine Ridge District School Board
(1) Prior to the final approval of the draft plan, Kawartha Pine Ridge District School
Board (KRP) shall be satisfied that appropriate clauses are contained within the
Subdivision Agreement as follows:
All offers of purchase and sale shall contain a statement advising prospective
purchaser(s) that accommodation within a public school in the community is
not guaranteed and students may be accommodated in temporary facilities;
All offers of purchase and sale shall include a statement advising prospective
purchasers that if school buses are required within the development in
accordance with Kawartha Pine Ridge District School Board Transportation
policies, as may be amended from time to time, school bus pick up points will
generally be located on the through street at a location as determined by the
Student Transportation Services of Central Ontario.
110
iii. That the Owner(s) shall agree to provide a pedestrian walkway or dedicated
pedestrian use only area throughout the subdivision to accommodate and
promote safe walking routes. To clear this condition, KPR staff will require a
copy of the proposed plan and details for the pedestrian route prior to
entering into the Subdivision Agreement. Any Subdivision Agreement shall
reflect these proposed plans and details.
6.4 Canada Post Corporation
(1) The Owner covenants and agrees to provide the Municipality of Clarington
with evidence that satisfactory arrangements, financial and otherwise, have
been made with Canada Post Corporation for the installation of Lockbox
Assemblies as required by Canada Post Corporation and as shown on the
approved engineering design drawings/Draft Plan, at the time of sidewalk
and/or curb installation. The Owner further covenants and agrees to provide
notice to prospective purchasers of the locations of Lockbox Assemblies and
that home/business mail delivery will be provided via Lockbox Assemblies or
Mailroom.
(2) The Owner shall satisfy the following requirements of Canada Post
Corporation and the Municipality with respect to the provision of mail delivery
to the Subdivision Lands and the provision of community mailbox locations,
as follows:
(a) The Owner shall advise Canada Post as to the excavation date for the
first foundation/first phase as well as the date development work is
scheduled to begin.
(b) If applicable, the Owner shall ensure that any street facing installs have
a pressed curb or curb cut.
(c) The Owner shall advise Canada Post as to the expected first occupancy
date and ensure the site is accessible to Canada Post 24 hours a day.
(d) The Owner will consult with Canada Post and the Municipality to
determine suitable permanent locations for the Community Mail Boxes.
The Owner will then indicate these locations on the appropriate
servicing plans.
(e) The Owner agrees, prior to offering any units for sale, to display a map
on the wall of the sales office in a place readily accessible to potential
homeowners that indicates the location of all Community Mail Boxes
within the development, as approved by Canada Post.
(f) The Owner will provide a suitable and safe temporary site for a
Community Mail Boxes upon approval of the Municipality (that is
levelled with appropriate sized patio stones and free of tripping
hazards), until curbs, sidewalks and final grading are completed at the
permanent locations. Canada Post will provide mail delivery to new
residents as soon as the homes or units are occupied.
Page 111
(g) Owner agrees to provide the following for each Community Mail Boxes
and to include these requirements on the appropriate servicing plans (if
applicable):
i) Any required walkway across the boulevard, per municipal
standards; and
ii) Any required curb depressions for wheelchair access, with an
opening of at least two meters (consult Canada Post for detailed
specifications).
6.5 Ministry of Transportation
(1) The subject site is within MTO's Permit Control Area and as such, MTO Site Plan
Approval and an MTO Permits will be required prior to any construction activities.
14 Meter Setback
(2) Please be aware that no feature, amenity or operational arrangement (such as,
but not limited to, fire -routes, emergency access/exits, parking, loading docks,
access to loading docks, storm -water management ponds) that is required by by-
law or is essential to the viability of this site, should be located within the
setbacks. Furthermore, only the surplus parking (excess of the Municipal's
minimum parking requirement under the Zoning Bylaw) can be located within the
14m MTO setback, but must be setback a minimum of 3m from the Highway 12
property line. All required and surplus parking must be clearly indicated on the
SP.
Documents
(3) As part of the review and approval process the applicant will be required to
submit copies of a detailed Site Plan, SWMR, MDTIS, Site Servicing and Grading
Plans prepared by a Licensed Professional Engineer.
Fencing
(4) Requirements for fencing include (but are not limited to) erecting fencing along
the MTO right-of-way at 0.3m into the MTO ROW. And MTO Encroachment
permit is required for this work and it should follow OPSD 972.130 (Chain Link
Fence with Top -Wire).
Stormwater Management Report
(5) A detailed Stormwater Management Report will be required that includes all
phases and includes surrounding developments and/subdivisions and all phases
of development as well as projected horizon year growth. All pre and post
development flows must be contained to the site or have no additional impact to
the Provincial right-of-way.
Transportation Impact Study
(6) A detailed Transportation Impact Study (TIS) shall be carried out. In accordance
with Traffic Impact Study. Guidelines can be found in MTO's General Guidelines
112
for the Preparation of TIS. Any simulation work shall be carried out with Synchro
or Vissim software.
(7) Please Note: that there is an ongoing EA that may affect studies in the vicinity of
RR17 and Concession 3, Highway 35/115 and associated nearby roads. MTO is
awaiting the completion of the EA to make further comments and that may affect
the review of this subdivision.
Noise
(8) Any noise mitigation is the responsibility of the land -owner which includes the
design and implementation. The Ministry will not be held liable for noise
attenuation next to the highway which also includes its maintenance and upkeep.
Illumination
(9) The proponent is required to submit a copy of the Photometric Lighting Plan (in
metric LUX units) for MTO review and approval. The plan must illustrate
proposed lighting and any light spillage on the Highway 35/115 & associated
service roads ROW.
Legal Agreements
(10) The cost of constructing any associated highway improvements will
require the owner to enter into a legal agreement with the Ministry of
Transportation. The legal agreement ensures that the owner agrees to assume
full responsibility for all costs associated with these works. The owner should
contact Ministry staff to determine details of the legal agreement.
6.7 Utilities
(1) The Owner shall coordinate the preparation of an overall utility distribution
plan that allows for the safe installation of all utilities including the separation
between utilities to the satisfaction of the Director of Planning and
Infrastructure Services.
(2) All utilities will be installed within the proposed road allowances. Where this is
not possible, easements will be provided at no cost to the utility provider.
Proposed easements are not permitted on lands owned by the Municipality
unless it can be demonstrated that there is no other alternative. Such
easements must not impede the long term use of the lands and will be at the
discretion of the Director of Planning and Infrastructure Services.
(3) The Owner shall cause all utilities, including hydro, telephone, and cable
television within the streets of this development to be installed underground
for both primary and secondary services.
Page 113
Part 7 — Standard Notices and Warnings
7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots
informing the purchaser of all applicable development charges in accordance with
subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27.
7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of
the Municipality's standard subdivision agreement in Agreements of Purchase and
Sale for all Lots or Blocks.
7.3 At the time of the preparation of the subdivision agreement additional warning
clauses will be prepared including but not limited to the Noise Report, train
whistles, nearby farm operations, the parkette, catchbasins, sump pump and
backflow valve, chain link fencing, privacy fencing and future road extensions. If
the Owner has already entered into Agreements of Purchase and Sale for any Lots
or Blocks those Agreements of Purchase and Sale shall be updated.
Part 8 - Clearance
8.1 Prior to final approval of the plan for registration, the Municipality's Director of
Planning and Infrastructure Services shall be advised in writing by,
(a) the Region of Durham how Conditions 6.1 (1 to 11) have been satisfied;
(b) the Ganaraska Region Conservation Authority, how Conditions 6.2 (1 to 8)
have been satisfied;
(c) Kawartha Pine Ridge District School Board, how Condition 6.3(1) has been
satisfied;
(d) Canada Post Corporation, how Condition 6.4(1) has been satisfied; and
(e) Ministry of Transportation, how Conditions 6.5 (1 to 10) have been satisfied.
Part 9 — Notes to Draft Approval
9.1 Terms used in these conditions that are not otherwise defined have the meanings
given to them in the Municipality's standard subdivision agreement.
9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to
final approval. The Planning Act provides that draft approval, may be withdrawn at
any time prior to final approval.
9.3 If final approval is not given to this plan within three (3) years of the draft approval
date, and no extensions have been granted, draft approval shall lapse and the file
shall be closed. Extensions may be granted provided valid reason is given and is
submitted to the Director of Planning and Infrastructure Services for the
Municipality of Clarington well in advance of the lapsing date.
Page 114
9.4 Where an agency requirement is required to be included in the Municipal
subdivision agreement, a copy of the agreement should be sent to the agency in
order to facilitate their clearance of conditions for final approval of this plan. The
addresses and telephone numbers of these agencies are:
(a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box
623, Whitby, Ontario L1 N 6A3 (905) 668-7721.
(b) Ganaraska Region Conservation Authority, 2216 County Road 28, Port Hope,
ON L1A 3V8 (905) 885-8173.
(c) Kawartha Pine Ridge District School Board, 1994 Fisher Drive, Peterborough,
Ontario K9J 6X6 (705) 742-9773.
(d) Ministry of Transportation, Ministry of Transportation, 159 Sir William Hearst
Avenue, 7th Floor, Toronto, ON, M3M OB7 (437) 833-9453.
(e) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor
Scarborough ON, M1 P 5A1 (416) 262-7408.
I
I:\ADepartment\General Files\Core Operating Administration\Procedural Manuals\Subdivision - 2012 Complete -update une 2016\S-C 14 - Conditions of Draft Approval.docx
Page 115
Attachment 2 to
PDS-036-23
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DRAFT PLAN OF SUBDIVISION
668A, 6688, 694 & 704 NORTH STREET
PART OF LOTS 29 & 30, CONCESSION 2 CLARKE
MUNICIPALITY OF CLAIRINGTON
REGIONAL MUNICIPALITY OF DURHAM
SCALE: 1:1000
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OWNERS AIRHOW-ATION
I authorize Paul A King Planning Consultant to prepare
and submit this plan for draft app-1.
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7681 Hwy 27. Unit 16
ADDRIONAL INFORMATION
[Section 51(17) of the Planning Act, 19901
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SURVEYORS CERTFICATE
I hereby certify that the bochres of the lands
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adj—ht londe are ac —tely and correctly
sM1own n tM1s plan
Date
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Attachment 3 to
PDS-036-23
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131
The Corporation of the Municipality of Clarington
By-law Number 2023-_
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
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-2023-XX;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. Section 14.6. "Special Exceptions — Urban Residential Type Three (R3) Zone" is
amended by introducing a new Subsection 14.6.72 as follows:
"Section 14.6.72 "Special Exceptions — Urban Residential Type Three (R3-72) Zone"
Notwithstanding Sections 12.1 a. and b., 12.2 a. i) and ii), b. i), c. i), d. i), ii), iii) and iv),
f. i) and ii) and h. and Sections 14.1 a. and b. and 14.3 a. i) and ii), b. i), c. i), ii) and
iii), e. and g., no person shall use any land or erect or use any building or structure in
an R3-72 zone for any purpose unless the provisions of this Section and the
applicable provisions not amended by the R3-72 zone are satisfied:
a. Permitted Uses
i) Dwelling, Single Detached
ii) Dwelling, Semi -Detached
iii) Dwelling, Street Townhouse
b. Regulations for single detached and semi-detached dwellings
i) Lot Area (Minimum)
https.i/claringtonnet-my.sharepoint.com/personal/tnjO5_ciartngton_netIDocuments/Applications/Subd/Golf Vista/Draft By-law/ZBA 14 - Draft Zoning By-law (1).docx
a) Single detached Dwelling 345 square metres
b) Semi-detached Dwelling 480 square metres
ii) Lot Frontage (Minimum)
a) Single detached Dwelling
i. Interior Lot 11.6 metres
ii. Exterior Lot 14 metres
iii) Yard Requirements (Minimum)
a) Front Yard 6 metres to
private garage or carport and 4 metres to dwelling
b) Interior Side Yard 1.2 metres
c) Exterior Side Yard
i. Single detached Dwelling 2.5 metres
ii. Semi-detached Dwelling 2.4 metres
d) Rear Yard 6.0 metres
iv) Lot Coverage (maximum) 55% for
dwelling, 60% for all buildings and structures
v) Building Height (Maximum) 11 metres
vi) No building, structure, deck, patio or other encroachment is permitted
within the 14 metre Ministry of Transportation Setback as illustrated for
Lots 31 to 33, inclusive, on the Draft Approved Plan.
vii) Notwithstanding the above lot coverage provision, a covered and
unenclosed porch/balcony having no habitable space above it shall be
permitted subject to the following:
a) In the case of an interior lot, an unenclosed porch/balcony up to a
maximum area of 12.0 square metres shall be permitted provided it is
located in the front yard of the lot;
b) In the case of an exterior lot, an unenclosed porch/balcony up to a
maximum of 20.0 square metres shall be permitted provided it is located in
the front and/or exterior side yard of the lot.
Garage Requirements
All garage doors shall not be located any closer to the street line than the
dwellings first floor front wall or exterior side wall or covered porch projection
Height of floor deck of unenclosed porch above finished grade (maximum) 1.0
metres
c. Regulations for street townhouse dwellings:
i. Lot Area (Minimum) 210 square
metres
ii. Lot Frontage (Minimum) 7 metres
iii. Yard Requirements (Minimum)
a. Interior Side Yard 1.2 metres
b. Exterior Side Yard 2.5 metres
c. Rear Yard 6.0 metres
iv. Lot Coverage (maximum) 55% for
dwelling, 60% for all buildings and structures
v. Building Height (Maximum) 11 metres
vi. Height of floor deck of unenclosed porch above finished grade (maximum)
1 metre
vii. A covered and unenclosed porch/balcony having no habitable floor space
above it, shall be permitted the following; i) In the case of an interior lot, an
unenclosed porch/balcony up to a maximum area of 10.0 square metres
shall be permitted, provided it is located in the front yard of the lot and
shall not be calculated as lot coverage.
viii. In the case of an exterior lot, an unenclosed porch/balcony up to a
maximum area of 15.0 square metres shall be permitted, provided it is
located in the front and/or exterior side yard of the lot and shall not be
calculated as lot coverage
ix. All garage doors shall not be located any closer to the street line than the
dwellings first floor front wall or exterior side wall or covered porch
projection
2. Schedule `5' to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-1)
Zone/Environmental Protection (EP) Zone"
"Agricultural Exception (A-60) Zone" to "Environmental Protection (EP) Zone"
"Agricultural Exception (A-1) Zone" to "Holding — Urban Residential Exception
((H)(R3-72)
"Agricultural Exception (A-60) Zone" to "Holding — Urban Residential Exception
((H)(R3-72)
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 Section 34 and Section 36 of the Planning Act.
Passed in Open Council this day of June 2023
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
This is Schedule "A" to By-law 2023- , passed this day of , 2023 A.D.
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Zoning Change From '(H)A-60' To 'EP'
Zoning Change From '(H)A-60' To'(H)R3-72'
Zoning Change From 'A-1' To '(H)R3-72'
Zoning Change From 'A-1' To 'A-1/EP'
Zoning Change From 'A-1' To 'EP'
Zoning To Remain 'EP'
Newcastle • ZBA 2021-0014 • Schedule 5
Attachment 4 to
Report PDS-036-23
Department/Agency
Comments Received
Summary of Comments
Durham Region Planning
Yes
No objection to the Draft
Department and Public
Plan approval subject to
Works
conditions
Durham Region Transit
Yes
No objection
Ganaraska Region
Yes
No objection to the Draft
Conservation Authority
Plan approval subject to
(GRCA)
conditions
Kawartha Pineridge District
Yes
No objection to the Draft
School Board
Plan approval subject to
conditions
Ministry of Transportation
Yes
No objection to the Draft
Plan approval subject to
conditions
PVNC District Catholic
No
School Board
French Public Board:
Yes
No objection
Conseil Scolaire Viamonde
French Catholic
No
Board: Conseil Scolaire
Catholique Mon
Avenir (formerly Conseil
Scolaire Catholique Centre-
Sud)
Bell Canada
Yes
No objection to Draft Plan
approval subject to
conditions
Enbridge Gas
Yes
No objection to Draft Plan
approval subject to
conditions
Rogers
No
Hydro One
Yes
No objection
Canada Post
Yes
No objection to Draft Plan
approval subject to
conditions
Canadian Pacific Railway
Yes
Do not support residential
development in proximity
to rail corridor. However,
should the Municipality
approve the development
CP respectfully requests
that the recommended
guidelines be followed
Engineering Division
Yes
No objection to Draft Plan
approval subject to
conditions
Clarington Emergency
Yes
No objection
Services
Building Division
Yes
No objection
Accessibility Committee
Yes
No objection
Community Planning
Yes
No objection
Durham Regional Police
Yes
No objection
Service Communications