HomeMy WebLinkAboutPD-140-97UNFINISHED BUSINESS
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: KAITLIN.GPA
REPORT
l
Meeting: General Purpose and Administration Committee File #_10141k_0
Date: Monday, October 6, 1997 Res. #
Report #: PD- 140 -97 File #: DEV 96 -051 (X -REF: 18T- 96013) By -law #
Subject: REZONING APPLICATION AND PROPOSED PLAN OF SUBDIVISION (PHASE II)
APPLICANT: THE KAITLIN GROUP LTD.
PART LOT 28, 29, 30 & 31, B. F. CONC., FORMER VILLAGE OF NEWCASTLE
FILE: DEV 96 -051 (X -REF: 18T- 96013)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD- 140 -97 be received;
2. THAT the Region of Durham be advised that the Municipality of Clarington
recommends approval of Phase II of the Port of Newcastle being the draft plan of
subdivision 18T -96013 dated July 30, 1997, subject to the conditions contained in
Attachment No. 1 to this report;
3. THAT the Mayor and Clerk be authorized, by By -law, to execute the Subdivision
Agreement between the Owner of the proposed draft plan of subdivision 18T -96013
and the Corporation of the Municipality of Clarington at such time as an agreement has
been finalized to the satisfaction of the Director of Public Works and the Director of
Planning and Development;
4. THAT the attached amendment to By -law 84 -63 be APPROVED and that the Holding
(H) symbol be removed by By -law upon the execution of a Subdivision Agreement;
and
5. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: The Kaitlin Group Ltd.
1.2 Agent: Bousfield, Dale- Harris, Cutler and Smith
REPORT NO. PD- 140 -97 PAGE 2
1.3 Subdivision: Seeking draft approval for the second phase of the Port of Newcastle
which is located on both the east and west sides of Phase I. Phase II
includes
• 54 single detached units
• 210 semi - detached units or linked units
• a 60 unit multiple residential- block - (Block -173) -
• a 72 unit multiple residential block (Block 160)
• a multiple use block (Block 161) consisting of 130 residential units,
2000 square metres of General Commercial (Cl) retail floorspace
and 500 square metres of office space.
• a multiple use block (Block 162) consisting of a 250 room hotel or
motel, an assembly hall, a conference hall and 48 residential units.
• two blocks (Blocks 163 & 164) for future development.
The proposed plan also contains various Blocks for storm water
management, utilities and open space.
1.4 Rezoning: The subject property currently contains six separate zone categories as
follows:
• Agricultural (A)
• Holding Urban Residential Type Three Special Exception ((H) R3 -4)
• Holding Urban Residential Type Four Special Exception ((H) R4 -5)
• Holding Special Purpose Commercial Special Exception ((H) C5 -6)
• Holding Environmental Protection Special Exception ((H) EP -1)
• Environmental Protection (EP)
The current zoning in the vicinity of the marina would allow for the
development of the lands surrounding the marina with:
• 63 link townhouses
• a 70 unit apartment building
• a 16 unit hotel
• 1245 square metres of retail and office floorspace
REPORT NO. PD- 140 -97 PAGE 3
The current zoning also recognizes the existing marina and permits 60
square metres of retail commercial and office floorspace associated with
the marina.
The current zoning was based on a site specific proposal approved by
the Municipality several years ago. These zones_ apparently do not reflect
the desire of the present applicant and hence he submitted a rezoning
application in order to allow the proposed subdivision. In addition to the
proposed uses, the application also proposes the following zone
regulation changes which include:
• a front yard setback of 3.6 metres to the dwelling while maintaining
the 6.0 metre setback at the garage;
• a rear yard setback of 5.0 metres;
• an exterior side yard setback of 3.6 metres;
• a reduced lot area requirement;
• a reduced sight triangle requirement to allow for porches on
exterior lots;
• a special provision to allow projections (chimneys, windows,
porches) to encroach into the required front, rear and side yard
requirement.
1.5 Area (Phase II): 37.132 hectares (91.72 acres)
2. BACKGROUND
2.1 The Kaitlin Group Ltd. obtained ownership of the subject lands in late 1995 and
acquired draft plan approval for the first phase of the Port of Newcastle in September
of 1996.
2.2 In October of 1996, Kaitlin applied with the Region of Durham for the approval of a plan
of subdivision which constitutes the second phase of the Port of Newcastle. The
REPORT • PD-140-97 1
applicant also applied with the Municipality of Clarington Planning and Development
Department in order to amend Comprehensive Zoning By -law 84 -63 to implement the
proposed plan of subdivision.
3. PUBLIC NOTICE AND SUBMISSIONS
3.1 A- Public Notice sign was installed at two separate locations on the subject lands as
well as in Bondhead Parkette on the east side of the mouth of Graham Creek.
3.2 The statutory Public Meeting was held on July 7, 1997. Six (6) area residents spoke
in opposition to the proposal citing the following concerns:
• high density
• the number of rooms in the proposed hotel /motel
• the site specific zoning requirements requested for Blocks 160 and 161
• the location of Block 160 south of the coastal road
• boat storage
• the access to the development via Port of Newcastle Drive (Street "A ")
• improvements to Mill Street
• the reduced road allowance width on Milligan Street, Hodnett Crescent and
Streets "N ", "O ", "P ", "Q ", "R" and "S ".
• the impact upon the waterfront trail
• increased volumes of traffic.
• development charges
Each of these concerns will be addressed within Section 6 of this Report.
3.3 As a result of the concerns expressed at the Public Meeting, Council directed the
applicant to host a residents meeting, which would also be attended by members of
the Planning and Development Department. The residents meeting was held on
Wednesday August 6, 1997.
REPORT NO. PD- 140 -97 PAGE 5
4. OFFICIAL PLAN CONFORMITY
4.1 Within the 1991 Regional Official Plan, the subject lands are designated in part Living
Area and in part Waterfront Major Open Space system with overlying Municipal
Services symbols representing the existing water supply and water treatment plants.
The proposal appears to conform with the provisions of the Regional Official Plan.
4.2 Within the Clarington Official Plan, the subject lands are designated in part Urban
Residential, in part Waterfront Greenway and in part Local Central Area with associated
Tourism Node and District Park symbols.
4.3 The Clarington Official Plan has allocated a total of 1075 units for the entire Port of
Newcastle neighbourhood and the applicant has been advised in the past that Kaitlin's
holdings in Broken Front Concession is not to exceed 1000 units. However, at that
time, a related plan of subdivision (18T- 91012) was proposed to develop with 25 units.
Since that plan of subdivision was recently draft approved with only 19 lots, Kaitlin's
share for their holdings in Broken Front Concession has been adjusted to 1006 units.
The proposal appears to conform with the provisions of the Clarington Official Plan.
5. AGENCY COMMENTS
5.1 The proposed plan of subdivision was circulated for comments by the Regional
Municipality of Durham. Concurrently, the proposed zoning amendment application
has been circulated in order to obtain comments from other departments and agencies.
The following provides a summary of the comments received to date.
5.2 The Fire Department did not object to the proposal but indicated a concern regarding
the level of development in the area. The concern is that the site is serviced by part -
time firefighters with a response time of 6 to 8 minutes with support from the
Bowmanville Station. The Fire Department is of the opinion that the potential residents
should be made aware that these response times will not be improved upon until full
time staff can be provided in Newcastle Village.
REPORT NO. PD- 140 -97 PAGE 6
5.3 The Ganaraska Region Conservation Authority has advised that they have no objection
to the proposal but as a condition of draft approval will require the submission of
detailed studies regarding stormwater management, sedimentation/ erosion control,
geotechnical /slope stability and marina access.
5.4 The Public School Board has advised that the school site shown on Block 165 is
acceptable and that the students generated by this development will attend Newcastle
Public School in the interim.
5.5 The balance of the circulated agencies which provided comments were the Regional
Planning Department, the Regional Works Department and the Separate School Board.
None of the aforementioned agencies provided objectionable comments with respect
to the proposal. The Clarington Hydro - Electric Commission advised that they are in the
process of reviewing the power supply scheme for Phase I.
6. CONCERNS EXPRESSED AT THE PUBLIC MEETING
The Municipality of Clarington Planning and Development Department has undertaken
a review of the proposal and will take this opportunity to review the comments and
concerns raised by the residents.
6.1 High Density
Several area residents expressed concerns at the Public Meeting regarding the density
of the site including that portion of the development in the general area of the marina.
In that regard, staff note that the Clarington Official Plan includes a Local Central Area
symbol in the vicinity of the marina.
Table 10 -1 indicates that the Local Central Area in the Port of Newcastle is permitted
to develop with a maximum of 250 High Density units. The residential portions of
Blocks 160 -162 cumulatively total 250 units and as a result, the residential portion of
REPORT NO. PD- 140 -97 PAGE 7
the Local Central Area as proposed by Kaitlin, complies with the provisions of the
Clarington Official Plan.
In addition, the Clarington Official Plan contains three Medium Density symbols to the
east of Port of Newcastle Drive (Street "A "). Two of these medium density symbols
were previously accounted for through the approval of Phase (, while the third Medium__
Density symbol is being accounted for through Block 173 (60 units) of this phase.
6.2 Proposed Hotel /Motel
A concern was also expressed regarding the development of a hotel at the Port of
Newcastle as well as with respect to the 250 rooms proposed for the hotel, located in
Block 162 of Phase Il.
Staff note that Section 16.2.5 of the Clarington Official Plan permits the Port of
Newcastle Tourism Node to develop with, among other uses, a hotel. However, the
Official Plan is silent with respect to the capacity of the hotel. Staff have drafted the
zoning by -law which permits the following non - residential uses for Block 162:
• an assembly hall
• an eating establishment
• an eating establishment, take -out
• a place of entertainment
• a theatre
• a hotel or motel with a maximum of 250 rooms
The applicant has not applied for any site specific regulations on Block 162. As a
result, the standard 12 metre height restriction will be imposed. Staff note that 12
metres would correspond to 4 storeys, a height which is permissable within the
Clarington Official Plan. Through height restriction, the provision of parking and
landscaping areas, staff feel that the hotel development or Block 162 can be properly
regulated.
REPORT NO. PD-1 40-97 PAGE 8
6.3 Site specific zoning requirements for Blocks 160 and 161
The applicant has requested the following site specific zoning requirements for Blocks
160 and 161:
Block 160
• Front, rear, interior and exterior side yard _setbacks of 3.0- metres
• Maximum lot coverage of 50%
• Landscaped open space of 30 %.
Block 161
• Front, rear, interior and exterior side yards setbacks of 3.0 metres
• Maximum lot coverage of 60%
• Landscaped open space of 20 %.
These site specific requirements are requested in order to allow for a more flexible
building design which results in the development promoting pedestrian activity and a
sense of closeness in accordance with its designation as a Local Central Area and a
Tourism Node. It is also noted that the requested setbacks are consistent with those
previously granted to the applicant for the coastal villas on Block 192 of Phase I.
6.4 The location of Block 160 south of the coastal road
One area resident expressed concern that the applicant's proposal included the
development of a multiple residential block (Block 160) on the south side of the coastal
road. Staff advise that in June of 1996, the applicant appeared before Council and
requested a modification to the Clarington Official Plan which would adjust the Urban
Residential and Local Central Area designation south of the coastal road. The request
was subsequently approved by Council as Modification No. 161 to the Clarington
Official Plan. As a result, the development of Block 160 on the south side of the
coastal road complies with the Clarington Official Plan.
REPORT NO. PD- 140 -97 PAGE 9
6.5 Boat storage
One area resident expressed concerns regarding the storage of boats on the property.
Staff advise that the current Environmental Protection - Exception (EP -1) zone permits,
among other uses, a marina. The definition of a marina within Section 2 of By -law 84-
63 allows for the storage of boats and boat accessories as well as the sale of marine
fuels and lubricants. Therefore, the storage of boats is permitted on that portion of the
site currently zoned Environmental Protection - Exception (EP -1) which will remain in
the amended By -law.
6.6 Access via Port of Newcastle Drive (Street "A ")
The access to the site via Port of Newcastle Drive (Street "A ") was identified as a
concern at the Public Meeting. This concern was previously expressed during the
approval process for Phase I of the Port of Newcastle.
In that regard, staff note that Port of Newcastle Drive (Street "A ") is identified in the
Clarington Official Plan as a collector road on Map B4. The location of the Port of
Newcastle Drive (Street "A ") as proposed in the draft plan of subdivision corresponds
with its schematic location on Map B4. As such, Port of Newcastle Drive (Street "A ")
as shown on the draft plan of subdivision complies with the Clarington Official Plan.
6.7 Improvements to Mill Street
Public Works staff considered two alternatives through the approval of Phase I of the
Port of Newcastle. The two alternatives are detailed in the following:
Alternative "A"
The Alternative "A" works are as follows:
i) Mill Street Grade Separation Reconstruction Works
Full reconstruction of the Mill Street grade separation;
REPORT NO. PD- 140 -97 PAGE 10
ii) Mill Street Reconstruction and Construction Works
Reconstruction and /or construction of Mill Street from the Mill Street grade
separation north to and including the Toronto Street /Mill Street /401 interchange
intersection and from the Mill Street grade separation southerly through external
lands on an alignment that aligns with Port of Newcastle Drive (Street "A ") from
this development; and
iii) Toronto Street Emergency Access Improvement Works
Road improvements to Toronto Street for use as an emergency access.
Alternative "B"
The Alternative "B" works are as follows:
i) Mill Street Grade Separation Improvement Works
Improvements to the existing Mill Street grade separation (signalization) to
accommodate both vehicular and pedestrian (cyclist) traffic;
ii) Mill Street Reconstruction and Construction Works
Reconstruction and /or construction of Mill Street from the Mill Street grade
separation north to and including the Toronto Street /Mill Street /401 interchange
intersection and from the Mill Street grade separation southerly through external
lands on an alignment that aligns with Port of Newcastle Drive (Street "A ") from
this development;
iii) Toronto Street Grade Separation Construction Works
Construction of a grade separation at Toronto Street and the Canadian National
Railway; and
REPORT NO. PD- 140 -97 PAGE 11
Road reconstruction of Toronto Street from this development northerly and
easterly to the Toronto Street /Mill Street /401 interchange intersection.
In consideration of the development of the entire neighbourhood, the waterfront, the
long range potential of the area, the anticipated traffic volumes, the orientation of the
road patterns towards Mill Street and the efficiency of the transportation network, the
Public Works Department noted that Alternative "A" was clearly the most desirable
alternative.
Alternative "B" originated after much discussion between the developer and public
works staff. After much consideration of the developer's and the resident's concerns,
the Public Works Department agreed to accept Alternative "B" and this was reflected
in the Municipality's conditions of draft approval for the first phase of the Port of
Newcastle (18T- 91004). This alternative apparently will respect the resident's wish to
maintain the existing Mill Street grade separation as a landmark.
Alternative "B" will be reflected in the conditions of draft approval for both Phase I and
Phase II. Staff also note that the conditions of draft approval for Phase II require all
internal and external infrastructure works required for Phase I to have been completed
prior to the registration of Phase II. This includes the works detailed in Alternative "B ".
6.8 Reduced Road Allowances
One area resident raised a concern regarding the proposal by Kaitlin to utilize reduced
road allowances of 18.0 metres. This proposal was reviewed in great length by both
the Planning and Development Department and the Public Works Department and was
accepted only insofar as it applies to the interior roadways. Although the road
allowance is reduced to 18.0 metres, the actual width of the pavement would remain
at 8.5 metres, the same width of a standard 20.0 metre road allowance. This is
accomplished since the reduction actually occurs in the width of the boulevards each
REPORT NO. PD- 140 -97 PAGE 12
of which would be 4.75 metres in width instead of the standard 5.75 metres. A full
sidewalk can still be accommodated within the reduced boulevard. The reduction in
road allowances is consistent with the first phase of the Port of Newcastle, approved
by Council in June of 1996, which included nine streets with reduced road allowances
of 18.0 metres.
6.9 The impact upon the waterfront trail
One area resident expressed concern regarding the impact of the proposed
development upon the waterfront trail. In that regard staff note that through the
approval of Phase II, the Municipality will obtain ownership of Park Block 167 and Open
Space Block 168. These two Blocks, along with other Blocks and easement rights (15
metres along Lake Ontario shoreline in the vicinity of the Water Supply Plant and the
tennis court area) obtained through the approval of Phase I, will form the basis for
implementing the waterfront trail.
6.10 Increased volumes of traffic
The Public Works Department reviewed the issue of traffic within the context of Phase
I of the Port of Newcastle. As a result, a traffic impact study was prepared and found
to be acceptable. In order to ensure that the assumptions made by the report were
accurate, the conditions of draft approval for Phase I require the Owner to provide a
Traffic Monitoring Report. This report is required for the duration of the development
of the subdivision to determine:
a) the actual traffic volumes being generated from this development in comparison
to the traffic volumes determined in the Traffic Impact Study;
b) the level of service of which the Mill Street grade separation is operating;
c) the nature and distribution of the traffic generated from Phase One, in
comparison to the assumptions made in the Traffic Impact Study.
REPORT NO. PD- 140 -97 PAGE 13
This Traffic Monitoring Report will be required at the commencement of Phase I and
prepared and submitted in a timely manner, satisfactory to the Director of Public Works.
In order to ensure that the development of the subdivision reflects the traffic capacity
available at the Mill Street South underpass, the conditions of draft approval require a
phasing plan to be submitted that details the projected number of building permits
available for issuance. The conditions further state that the number of permits issued
for the Port of Newcastle development must be restricted to an amount which is
compatible with the traffic capacity of the existing Mill Street South underpass.
6.11 Development Charges
Municipal works and services required for the Port of Newcastle lands are not included
in the Municipality's 10 year capital works and services for the purpose of development
charges. Staff advise that subdivision proposals are generally considered premature
under such circumstances.
Kaitlin is aware that this situation makes it difficult for staff to recommend approval of
the proposed subdivision. In order to alleviate the problem, Kaitlin advised staff that
they are prepared to absorb the costs of those services that would normally be
considered a responsibility of the Municipality under the Development Charges Act.
These works include, but are not limited to: construction of the municipal park,
construction or improvements of all external roads including Mill and Toronto Streets,
the posting of security for construction of new and /or improvements to the existing
railway grade separations as may be required by the Municipality at a later date.
Based upon this undertaking by Kaitlin, staff are satisfied that the concern with respect
to development charges has been addressed on the clear understanding that the
developer would not be entitled to any credit or reduction in the subsequent payment
of development charges. The conditions of draft approval for Phase I and Phase II
(attached to this report) has included the foregoing requirements.
REPORT NO. PD- 140 -97 PAGE 14
•I,►, i .
7.1 The Municipality had received numerous technical documents when the original
subdivision and zoning amendment applications were submitted by Bramalea Limited.
The documents included:
• traffic study, including the Mill Street underpass;
• stormwater management report;
• archaeological assessment;
• tree survey and evaluation;
• servicing analysis.
Reports such as the traffic study and stormwater management report have been
updated to reflect the development as proposed by Kaitlin.
7.2 Being virtually the only landowner in the area, Kaitlin had an opportunity to undertake
a comprehensive design of the entire neighbourhood. The proposed plan has
attempted to provide a traditional grid pattern of roads, particularly in the western
portion of the site with axial view corridors to open space areas along the Lake Ontario
waterfront.
7.3 The proposal also envisions a variety of housing types and forms. In addition to single
detached dwellings, the applicant would be providing semi - detached /link dwellings and
multiple residential blocks which would accommodate coastal villas. Apartment blocks,
possibly of condominium tenure, have been proposed in the vicinity of the Local
Central Area and the Tourism Node, an area which is intended to develop as an active
and vibrant focal point in the community.
7.4 Kaitlin is also proposing innovative zoning regulations and engineering standards to
promote a sense of community. These would include the special zone regulations
detailed in Sections 1.4 and 6.3 of this report, as well as road allowance widths
reduced from 20.0 metres to 18.0 metres. The reduced road allowance, when coupled
REPORT NO. PD- 140 -97 PAGE 15
with a reduced front yard setback and innovative architecture which includes the
traditional front porch, results in the development being more people- oriented. As
previously noted, the reduced road allowance width does not impair the ability of the
Municipality to provide a full sidewalk and a standard 8.5 metres of pavement.
7.5 Staff have red -line revised the draft plan _of_ subdivision _to combine the two future use
Blocks 163 and 164 into one Block along with road widening Block 171. These Blocks
correspond to the general location of the portion of the applicant's holdings which are
subject to Official Plan Amendment application COPA 97 -005. This application
contemplates the re- location of Toronto Street in a westerly location to utilize the
existing road allowance between Lots 30 and 31. Staff cannot support the extension
of Shipway Avenue (Street "B ") as detailed in the draft plan of subdivision until the
related Official Plan Amendment application has been considered.
7.6 Staff advise that the attached By -law would provide the appropriate zone categories in
order to facilitate the development of Phase II of the Port of Newcastle plan of
subdivision. However, staff note that the zoning on the Waterfront Greenway Park will
remain in the Agricultural (A) zone.
S. CONCLUSION
8.1 In consideration of the comments contained within this report the Planning and
Development Department would have no objection to a recommendation to the Region
of approval of the proposed plan of subdivision, subject to the conditions as contained
in Attachment No. 1 to this report.
9.2 Furthermore, staff would have no objection to the approval of the attached zoning by-
law amendment, to implement the plan. The amending zoning by -law would provide
for the appropriate zone categories to implement the Phase II of plan of subdivision
(18T- 96013). Staff note that the removal of the Holding (H) symbols will require Council
REPORT NO. PD- 140 -97 PAGE 16
approval at such time as the Subdivision Agreement is registered. A rezoning
application to remove the holding symbol will be required at a later date.
Respectfully submitted,
k,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
WM *LT *FW *cc
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Attachment #1 - Conditions of Draft Approval
Attachment #2 - Zoning By -law Amendment
September 30, 1997
Interested parties to be notified of Council and Committee's decision:
The Kaitlin Group Ltd.
1029 McNicoll Avenue
Scarborough, Ontario M1 W 3W6
Bousfield, Dale- Harris Cutler & Smith
3 Church Street
Toronto, Ontario M5E 1 M2
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ATTACHMENT NO. 1
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T -96013 representing Phase II
of the Port of Newcastle prepared by Bousfield, Dale- Harris, Cutler and Smith dated July
30, 1997 (and further revised in red as per the attached plan) showing Lots 40, 47, 55 -
58, 74 - 78, 93 - 103, 116 - 126 and 139 - 159 inclusive for single detached dwellings,
Lots 1 - 39, 41 - 46, 48 - 54, 59 - 73, 79 - 92, 104 - 115 and 127 - 138 inclusive for
semi - detached or linked dwellings, Block 160 for 72 multiple residential units, Block 171
for 60 multiple residential units, Blocks 161 and 162 for mixed use, Block 169 for water
plant expansion, Blocks 165 and 166 for park, Blocks 167 and 168 for Open Space,
Block 164 for school, and various blocks for reserve, road widening, site triangle future
use etc.
FINAL PLAN REQUIREMENTS
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 Municipality of Clarington and
shown on the final plan.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. That the Owner shall retain 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.
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5. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist
Report to the Director of Planning and Development to demonstrate that the proposed
development will not adversely impact the existing wells in the surrounding areas.
6. That the Owner shall retain 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.
7. That the Owner shall retain a qualified consultant to prepare and submit a Tree
Preservation plan to the Director of planning and Development for review and approval.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
8. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree
to abide by all terms and conditions of the Municipality's standard subdivision
agreement, including, but not limited to, the requirements that follow.
9. That all easements, road widening, and reserves as required by the Municipality shall be
granted to the Municipality free and clear of all encumbrances.
10. That the Owner shall dedicated Blocks 165 - 168, all inclusive for park and open space
purposes.
11. That the Owner shall pay to the Municipality, the full amount of development charges in
accordance to the Development Charge By -law as amended from time to time.
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REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
12. That the Owner shall provide and install sidewalks, street lights, temporary turning circles
etc. as per the Municipality's standards and criteria.
13. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be
buried underground.
14. 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 deposit as may be required by
the Municipality.
15. That the Owner shall adhere to architectural control requirements of the Municipality.
16. 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.
17. 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.
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18. 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.
19. That the applicant provide the Planning Department, on disk in a CAD format acceptable
to the Municipality a copy of the Plan of Subdivision as draft approved.
20. That the Owner agrees in the subdivision agreement that future use Block 163 be limited
to a maximum of 68 dwelling units.
21 That the Owner agrees that the draft plan of subdivision cannot proceed to registration
until such time as all or the internal and external municipal infrastructure works, which
have been deemed necessary by the Director of Public Works to service the Port of
Newcastle subdivision, have been constructed by the developer of the Port of Newcastle
plan of subdivision 18T -91004 to the satisfaction of the Municipality.
22. That the Owner agrees that the number of building permits issued for the Port of
Newcastle development must be restricted to an amount which is compatible with the
traffic capacity of the existing Mill Street South underpass. A phasing plan must be
prepared that details the projected number of building permits available for issuance.
The plan must reflect the traffic capacity available at the Mill Street South underpass as
determined by the Traffic Monitoring Program which was implemented as a condition of
approval of subdivision 18T- 91004. The number of permits for issuance under the
phasing plan is subject to the approval and discretion of the Director of Public Works.
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
23. That all utilities such as hydro, telephone, cable television within the streets of this
development be installed underground for both primary and secondary services.
24. That the undeveloped sides of Street "B" and "C" be fully serviced with water, sanitary
sewer, storm sewer; hydro, telephone and cable television for any future lots Which may
front onto those streets and any future streets which may intersect these streets must be
stubbed for water, sanitary sewer and storm sewer.
25. That lots 18 and 19 remain frozen until such time as Street "K" is extended into Block
163 and 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 in Block 163.
26. That prior to the issuance of building permits for any portion of Phase II, the applicant
must provide for the removal of any existing temporary turning circles within Phase I of
the development. The applicant must reconstruct the road to urban standard, including
asphalt paving, curb and gutter, boulevard sodding, sidewalks, street lighting and street
trees.
27. That the width of the road allowances for Streets "K ", "R" and "S" must be increased to
20.0 metres.
28. That the legal closure of any of the existing portions of the road allowance between
Broken Front Concession and Concession 1 must be carried out in accordance with the
Municipality's Road Closure Policy.
29. That the closure of the road allowance between Broken Front Concession and
Concession 1 be coordinated with the long term development plan for the Waterfront
Trail. 6
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30. That the junction of Street B and Toronto Street be realigned to an appropriate
geometric configuration with a turning radius which is sufficient to provide a smooth and
safe flow of traffic on these collector streets.
31 That Block 170 be dedicated to the Municipality for stormwater management purposes.
Such stormwater management works shall incorporate design and construction
measures which enhance the natural environment and features associated with the
Wilmot Creek Wetland and provide suitable compatibility with and ensure minimal impact
to the Wilmot Creek Nature Reserve, to the satisfaction of the Director of Public Works.
32. That all services and works be designed and constructed in accordance with the
Municipality of Clarington Design Criteria and Standard Drawings, provisions of the
Municipality of Clarington Development By -law 92 -015 and all applicable legislation to
the satisfaction of the Director of Public Works.
33. That the Owner satisfy all the conditions financial or otherwise of the external agencies
listed below:
a) the Ganaraska Region Conservation Authority;
b) the Northumberland Clarington Public School Board; and
c) the Regional Municipality of Durham Works Department.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 97-
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 15.4 "Special Exception - Urban Residential Type Four (114) Zone" is hereby
amended by adding thereto, the following new Special Exceptions 15.4.18 and 15.4.19 as
follows:
"15.4.18 URBAN RESIDENTIAL TYPE FOUR (114 -18) ZONE
Notwithstanding the provisions of Section 15.2, those lands zoned R4 -18 on the
schedules to this By -law shall be subject to the following zone regulations:
a) Yard Requirements (minimum)
i) Front Yard 3.0 metres
ii) Interior Side Yard 3.0 metres
iii) Exterior Side Yard 3.0 metres
iv) Rear Yard 3.0 metres
b) Lot Coverage (maximum) 50%
c) Landscaped Open Space (minimum) 30%11
15.4.19 URBAN RESIDENTIAL TYPE FOUR (R4 -19) ZONE
Notwithstanding the provisions of Section 15.2, those lands zoned R4 -19 on the
schedules to this By -law shall be subject to the following zone regulations:
a) Permitted Residential Uses:
I) an apartment building
b) Permitted Non - Residential Uses:
i) assembly hall;
ii) bakery shop;
iii) bank or financial establishment, business, professional or administrative
office;
iv) day nursery;
v) dry cleaners distribution centre;
vi) eating establishment;
vii) eating establishment, take -out ;
viii) laundry - coin - operated;
ix) library;
x) medical or dental clinic;
xi) parking lot;
xii) place of entertainment;
xiii) place of worship;
xiv) printing or publishing establishment;
xv) private club;
xvi) retail commercial establishment;
xvii) school commercial;
xviii) service shop, light;
xix) service shop, personal;
2.
3.
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xx) supermarket;
xxi) theatre;
xxii) veterinary clinic.
c) Regulations for Residential Uses
i) Front Yard (minimum)
ii) Interior Side Yard (minimum)
ill) Exterior Side Yard (minimum)
iv) Rear Yard (minimum)
v) Lot Coverage (maximum)
vi) Landscaped Open Space (minimum)
d) Regulations for Non - Residential Uses
i)
Front Yard (minimum)
ii)
Interior Side Yard (minimum)
ill)
Exterior Side Yard (minimum)
iv)
Rear Yard (minimum)
v)
Lot Coverage (maximum)
vi)
Landscaped Open Space (minimum)
vii)
Retail Floor Space (maximum)
viii)
Business, professional or administrative
floorspace (maximum)
3.0 metres
3.0 metres
3.0 metres
3.0 metres
60%
20%
3.0 metres
3.0 metres
3.0 metres
3.0 metres
60%
20%
2000 square metres
office
500 square metres"
Section 16.5 "Special Exception - General Commercial (Cl) Zone" is hereby amended
by adding thereto, the following new Special Exception 16.5.23 as follows:
16.5.23 GENERAL COMMERCIAL (C1 -23) ZONE
Notwithstanding the provisions of Section 16.1, those lands zoned Cl-23 on the
schedules to this By -law shall be subject to the following zone regulations:
a) Permitted Residential Uses:
i) an apartment building
b) Permitted Non - Residential Uses:
i) assembly hall;
ii) eating establishment;
ill) eating establishment. take -out;
iv) place of entertainment;
v) theatre;
vi) hotel or motel with a maximum of 250 rooms
Schedule "5" to By -law 84 -63 as amended, is hereby further amended by changing the
zone designation from:
"Agricultural (A)" to "Holding - Urban Residential Type One Special Exception ((H)R1 -39)"
"Agricultural (A)" to "Holding - Urban Residential Type One Special Exception ((H)R1 -40)"
"Agricultural (A)" to "Holding - Urban Residential Type Two Special Exception ((H)R2 -10)"
"Agricultural (A)" to "Holding - Urban Residential Type Four Special Exception ((H)R4 -18)"
"Agricultural (A)" to "Holding - Urban Residential Type Four Special Exception ((H)R4 -19)"
"Agricultural (A)" to "Holding - Environmental Protection Special Exception ((H)EP -1)"
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"Holding - Urban Residential Type Three Special Exception ((H)R3 -4)" to "Holding -
Environmental Protection Special Exception ((H)EP -1)"
"Holding - Urban Residential Type Three Special Exception ((H)R3 -4)" to "Holding - General
Commercial Special Exception ((H)CI-23)"
"Holding - Urban Residential Type Four Special Exception ((H)R4 -5)" to "Holding - General
Commercial Special Exception ((H)C1 -23)"
"Environmental Protection (EP)" to "Holding - Environmental Protection Special Exception
((H)EP -1)"
"Holding - Special Purpose Commercial - Special Exception ((H)C5 -6) to "Holding General
Commercial - Special Exception ((H)C1 -23)"
4. Schedule "A" attached hereto shall form part of this By -law.
5. 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 day of 1997.
BY -LAW read a second time this day of 1997.
BY -LAW read a third time and finally passed this day of 1997.
MAYOR
CLERK
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