Loading...
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 66) This is Schedule to • • passed this- d ay of 1997 A.D. i 11 1 _ -.:. "alT 1� �!I•ji�ll�••••I /n� •a � • MW •• • • viii• °• °� °ii viii• °• °iii • ` . . • � • • ` �• �� • • • • ` • • A 66) 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. -2- • ,..I 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. ...3 -3- �. ,...� 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. E Ell 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. -5- 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 M 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. .......... ... ......... o in .... ................. . . ......... .............. ............. .. LLJ �Tk iTk r gs or It -133815 piNONp, :w T: Nli_ Oma . x. 0 .............. y� J XL ILI Jill i III �RWX* 114 fill. d� :� RWX* 0 d CO O iii Jh 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. -2- 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)" -3- "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 -8