HomeMy WebLinkAboutPSD-059-05
.. .
~
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, May 9, 2005
Report #:
PSD-059-05
File #: ZBA 2005-007 and 18T -87021
f< CO> -rt'4//l-dO r .()~
By-law #b;bas -O(J,J-
Subject:
AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION 18T-87021
ZONING BY-LAW AMENDMENT ZBA2005/007 TO PERMIT THE
DEVELOPMENT OF 284 RESIDENTIAL UNITS
APPLICANT: INTRACORP HOLDINGS LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-059- 05 be received;
2. THAT the amendment to Draft Approved Plan of Subdivision 18T-87021, submitted by
Intracorp Holdings Ltd. be APPROVED subject to the conditions contained in
Attachment 4;
3. THAT application ZBA 2005-007 be revised to include the interior side yard setbacks
requested by application ZBA 2004-045;
4. THAT the revision to ZBA 2005-007 is minor and does not require a further Public
Notice, as adequate Public Notice was provided for application ZBA 2004-045 and the
item addressed in Public Meeting Report PSD-150-04 and Recommendation Report
PSD-014-05;
5. THAT the rezoning application submitted by Intracorp Holdings Ltd. be APPROVED and
that the proposed Zoning By-law contained in Attachment 5 to this Report be passed;
6. THAT the Mayor and Clerk be authorized by By-law, to execute a Subdivision
Agreement between the Owner and the Municipality of Clarington at such time as the
agreement has been finalized to the satisfaction of the Directors of Engineering
Services and Planning Services;
.
=
REPORT NO.: PSD.059-05
PAGE 2
7. THAT a copy of this Report and Council's decision be forwarded to the Region of
Durham Planning Department; and;
8. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Dav' . rome, M.C.I.P., R.P.P.
Director of Planning Services
C) ~-Qd>-s~
Reviewed by:
Franklin Wu,
Chief Administrative Officer
TW/CP/DJC/lb
May 2, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
.
REPORT NO.: PSD-059.05
PAGE 3
1.0 APPLICATION DETAILS
1.1 Owner: Liberty Street Developments Inc.
1.2 Applicant: Intracorp Holdings Ltd.
1.3 Agent: Tunney Planning Inc.
1.4 Amendment to Draft Approved Plan of Subdivision:
To add two additionai land parcels to complete the loling pattern previously draft
approved,
From:
To:
78 lots with 9 metre frontages, 98 lots with 12.0 metre frontages and 85
lots with 15.0 metre frontages all for single detached dwellings, a 0.166 ha
Medium Density Block for a total of 267 residential units, and a 0.075 ha
Commercial Block (Attachment 2).
86 lots with 9 metre frontages, 107 lots with 12 metre frontages and 89
lots with 15 metre frontages for a total of 284 single detached units; and a
0.075 ha Commercial Block.(Attachment 3).
1.5 Amendment to the Zoning By-law:
From:
To:
1.6 Site Area:
From:
To:
2.0 LOCATION
"Holding - Urban Residential Type One ((H)R1) Zone" and "Agricultural
(A) Zone"
Permit the development of single detached dwellings on lots with 12 and 9
metres frontages.
17.782 hectares (43.94 acres)
18.216 hectares (45,01 acres)
2.1 The subject lands are located west of Liberty Street, south of Concession Road 3, being
Part of Lot 11, Concession 2 in the former Town of Bowmanville.
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The lands subject to the amendments are currently occupied by a single detached
residential dwelling, a residential sales office, while the balance is vacant.
REPORT NO.: PSD-059-05
PAGE 4
3.2 Surrounding Uses
North - Concession Road 3, and north of it, vacant lands, a church and two
residential dwellings.
South - Existing residential dwellings, and vacant lands with a Draft Approved Plan
of Subdivision (18T-89070) for 88 units for semi-detachedllink dwellings and
townhouses.
East - Existing residential development on the east side of Liberty Street consisting
of townhouses, semi-detached and single detached dwellings.
West - A single detached dwelling and vacant lands with two Draft Plans of
Subdivisions.
4.0 BACKGROUND
4.1 The Region of Durham issued Draft Approval for Plan of Subdivision 18T-87021 in
March 1990. It was subsequently amended in March 1991, March 2001 and March
2005. The latest amendment was Draft Approved for 261 lots for single detached
dwellings, a block for six (6) townhouse units and a block for commercial development.
4.2 On March 18,2005 Staff received applications to amend Zoning By-law 84-63 and Draft
Approved Plan of Subdivision 18T-87021. The applicant wishes to add lands located at
342 Liberty Street North, and lands within Draft Approved Plan of Subdivision 18T-
89070 for the completion of eleven (11) lots with nine (9) metre frontages, and seven (7)
lots with 12 metre frontages. A medium density block previously approved for six (6)
units is to be deleted and melded with the abutting Draft Approved Plan of Subdivision
18T-89070. The proposed change results in an overall increase in lots from 267 to 284.
4.3 The following chart illustrates the differences between the Draft Approved Plan of March
1990, subsequent revisions to the Draft Approved Plan and the current proposal.
TABLE 1
Frontage and Dwelling Units Draft Revised Revised Revised Current
Approval 1991 2001 2005 Proposal
1990
15 m Sinoles 203 194 138 85 89
12 m Sinoles N/A N/A N/A 98 107
9 m Semi/Link N/A 18 112 N/A N/A
g m Sinoles N/A N/A N/A 78 88
Townhouses N/A 6 6 6 N/A
Total 203 218 256 267 284
Net Residential Densitv (units/ha) 11.4 12.3 14.3 15 15.6
REPORT NO.: PSD.059-05
PAGE 5
5.0 OFFICIAL PLAN CONFORMITY
5,1 Durham Reaion Official Plan
The lands are designated Living Area within the Durham Regional Official Plan. The
predominant use of the lands within the Living Area designations shall be for housing
purposes. The proposed use conforms to the plan.
5.2 Clarinaton Official Plan
In the Clarington Official Plan, the subject lands are designated Urban Residential.
There is a Neighbourhood Commercial Symbol at the north east corner of the subject
lands. The lands are within the Knox Neighbourhood, which has a population allocation
of 5400 and a housing unit target of 1900. The proposed draft plan of subdivision
conforms to the Plan,
6.0 ZONING BY.LAW
6.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned
"Agricultural (A) Zone" and "Holding - Urban Residential Type One ((H)R1) Zone". A
zoning by-law amendment is required to implement the proposed amendment to draft
approval.
7.0 PROVINCIAL POLICY STATEMENT
7.1 The proposed amendments to Zoning By-law 84-63 and Draft Approved Plan of
Subdivision 18T-87021 provide an increase in overall density and are consistent with
the Provincial Policy Statement, issued on March 1, 2005.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site.
Public Meeting signs were installed on Liberty Street and Concession Road 3.
8.2 Staff had one general inquiry from the land owner located to the west of the subject
property. No specific concerns with the application were identified.
9.0 AGENCY COMMENTS
9.1 In accordance with departmental procedures, the applications were circulated to obtain
comments from other departments and agencies.
9.2 The Clarington Operations Division, Clarington Emergency and Fire Services Division,
Enbridge, Clarington Engineering Services Division, Peterborough Victoria
Northumberland and Clarington Catholic District School Board, Kawartha Pine Ridge
District School Board, Bell Canada, Veridian Connections, Canada Post and Rogers
Cable provided no objections comments to the proposal.
REPORT NO.: PSD.059-05
PAGE 6
9.3 The Region of Durham Planning Department has no objection to the revised draft plan.
The addition and deletion of lands within Subdivision 18T-87021 and 18T -89070 will not
affect the servicing capacities of municipal water supply and sanitary sewer services.
The Conditions of Draft Approval issued on March 26, 1990 and amended on January
24, 2005 are still applicable, subject to minor revisions. The conditions will need to be
complied with prior to clearance by the Region for registration of this plan.
9.4 The Central Lake Ontario Conservation Authority have no objections to the proposal. It
was noted that detailed engineering plans for draft plan of subdivision 18T-87021 will
have to be revised accordingly to reflect the changes associated with the two subject
applications.
10.0 STAFF COMMENTS
10.1 Interior Side Yard Setback
On April 24, 2005 Council approved application ZBA2004-045 to amend Zoning By-law
84-63 to implement an amendment to Draft approved Plan of Subdivision 18T-87021
which was adopted by Council on January 31, 2005. Part of the requested zoning by-
law amendment was to provide an interior side yard setback of 1.2 metres on one side
and 0.6 metres on the other for single detached dwellings on 9.0 metres frontages.
Staff supported this request as the housing form would be similar to the previously
approved 18.0 metre semi-detached link lots. The only difference being that the
dwellings would not be linked below grade.
There was an error in By-law 2005-051 which was passed to implement application
ZBA2004-045. The regulation for the interior side yard setback for the "Urban
Residential Exception (R2-36)" and "Urban Residential Exception (R2-37)" zones,
although addressed in the report, was not included. The draft by-law contained in
Attachment 5 recognizes this error through the inclusion of the requested interior
sideyard setback for the "R2-36" and "R2-37" zones.
The requested interior side yard setbacks of 1.2 metres and 0.6 metres for 9.0 metre
lots had been addressed in both the Public Meeting Report PSD-150-04 and the
Recommendation Report PSD-014-05, therefore, issuing a new Public Notice is not
required. All interested parties for application ZBA2004-045 are listed in this report to
ensure that they are aware of the proposed change to the By-law.
10.2 Land Division Applications
In order to facilitate the realignment of the boundary for 18T -87021, the applicant has
submitted an application for consent to severe a 0.166 hectare parcel which was
previously approved as medium density block for six (6) townhouse units. This block will
be added to the lands subject to 18T -89070 for development in conjunction with a
medium density block previously approved for 42 units.
REPORT NO.: PSD-OS9-0S
PAGE 7
The owner of the lands subject to 18T-89070 has also submitted a consent application
to severe a 0.391 hectare parcel that is to be added to 18T-87021. This parcel will
provide for the completion of lots 244 to 254 on the east side of Allworth Crescent, for
eleven (11) single detached dwellings.
An application to amend Draft Approved Plan of Subdivision 18T-89070 will be required
to recognize the revised boundary.
10.3 Road Infrastructure
The addition of 342 Liberty Street North has provided for the removal of a temporary
road previously proposed at the south east end of Jennings Place (Attachment 2). This
was provided to recognize an easement for the private septic system servicing 342
Liberty Street North.
11.0 CONCLUSIONS
11.1 Prior to scheduling a recommendation report to Committee and Council on a draft plan
of subdivision application a list of the proposed conditions of draft approval are
submitted to the applicant for their review and concurrence with the same. The purpose
of this exercise is to determine if there are any conditions of draft approval that the
applicant does not agree with and that they be identified for further discussion purposes.
The applicant concurs with the draft Conditions of Draft Approval.
11.2 In consideration of the comments received from circulated agencies and review of the
proposal, staff recommend:
. Approval of the amendment to Draft Approved Plan of Subdivision 18T -87021, on
Attachment 3, subject to the conditions contained in Attachment 4; and,
. Rezoning the subject lands within the plan of subdivision, Attachment 5.
Attachments:
Attachment 1 - Key Map Amendment to Draft Approved Plan of Subdivision
Attachment 2 - Draft Approved Plan of Subdivision 18T-87021, March 2005
Attachment 3 - Plan of Subdivision 18T-87021 as redlined
Attachment 4 - Conditions of Draft Approval
Attachment 5 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Lisa D'Angelo
Steve Lucchi
Nancy Barnes
Kevin Tunney
D. Louise Barrett
Frank Harris
ATTACHMENT 1
....... ~J~
CONCESSION ROAD 3 ,~
\
I
>
'\.l
~ ~ ~.~ ir' ~ $;>1,
Q Ill,.. I; ~ ... c a
~ til S ~ D S
= is s: =
t ~
. .
, I
ii I
l,.,r",,,,t
- ~ ;
.'\.
. .
. .
. ,
Ii ~
~ CI
,."
. ,;{~
-.:..,
! f"
... ~
'M
~JENi'lIi'lGS
~ :::l
PLACE
~ e
co e ;:;
o ~ ~ : ,
... ~ ~ :: .:
"':: ~ :: ..
~
)
:: y
:: ~
. :
~ ~
. .
: .
, .
= z:
, ~
. .
= II:
l
II ~
~
:: IS
. ,
II =
. .
.
. .
I =
. .
f il
~ =
:!: =
Ii! ~
f t
f !!
,. !
. ,
~ ,
,,~ .
!::I a ...
. .
~ f
f ~,.
:: l!I
f ..
'" ::
<iO ~
~l
"I
. .
f ill
~
.... .. ill
. .
: "
- f
I
"~
~.
!,
.....'
ii ~ 1il.0
:: III
, .
. .
, , .
.....~
1
!I =
!JENNINGSPLA::. ~if:::l
- >.......'
," '."'''' ," n~'...........
<'l ::I ;:l ;;I ~ Ul \
'I [ I;' ;~' ';' ';. '; ~:"::: ':: ,~h:"~:,c:;'~'~~n:. :
'I ~~l' . ~
~ I ~ s'. " - _'_ _ ,.-
J ;; ..~:: = ~ · · · ;; ;; i! ;; ~ Ii'~
- ~q ~ J!!h ,;,," ,." ,,:" 8,:~':::'~~.~ ,......" ~.."....':.I'~
~\') ..iiititSiii~i~ig!i..
. ---! ' "
,a .
2: e
~
. ,
. ,
s e
::z::
~
o
Z
I-
W
w
It:
l-
I/)
. ~
W
al
::::i
e s g 8
, .
,... ".. ,~. ,~.
! -
'u '''-i
ii ii
,
JENNINCSP'-AC[
~l 0
Il!' ~
~ ,
U
.
i! i ..,
~
~ ~
i ~ ij
. ;:__l__~ ..._-::;1%-:1::;-'
iiijiii"'2!!l!!iliill....ClI;:l:....... ..
, ,
i ~ i ":
.
i
-
110 .... ,~. "'0 ,~. ,~,
,~o 'M ...
'10 '10 '... '... '10....'... ,... ,... ,... '10 ,..,
'1' ,... ,... '... '1' '1'
--
....
l..1
! ~:
. '1. ..'4 ! ~
.., '10 !;:!li 'U 'u ,.., ~~
;I ,~ ! . ",,;;:, 1--.0
~ ...: ...~.............:::::. ' ~~.
~ ............................. ~ e
:l,:;:,:,~:(::::((::,~i::::::::~~:(::,:::,:::,. . "l,
, i
!
SONS AVENUE ~
aONS AVE"UE
, ,...
.'" . -
pn f .. f 172
212 ~
2U~~~270
~ ~ ~ ~ 281
2M ~ ~ ~ 28lI 277 ~
UI I: C H7 271 :
~.-'- - I- ~-t--
r" ... '" ..
-.- 5 - ---;:;-::-
1 ~_ . i
i ~I i
273 f
1 r
3
10
I;
f 22.4
~]QO ~ at
11l1~
182 :
113 :
1'" :
1ll!i :
IN:
174 ~
'" ,
, m
: 223 22fI:
, ",
I: 221
I: 22.0
,.. :; 211
~ I: 211
1117 I: ~ : 217
.----J ~ ",llll1: ~ : 211
........-I 11111 I: ~. I: 21a
I - ::; ~ ; :::
V k ~ '~':~: ~:1
~: :~ ':K ....... A/D~\X~;,>"li;, ''I ~. -"" ,;~ : = 1 i I, I ~
~ ,; g ~ 'i ~ ~ ..;. . \ . . 0 ~
\ '\' ' 1\\' ~ r-- - _ i I I __
-r\ ~ \ ~ II ;; t;T ~ ~ I:'~' 5 q I g 5 I q "\,, i ~ \ '1\, ~~i' "lOT 12 I
, ...
, '"
m'
'" ,
Z2ll I: ~
no: ~
231 I: ~
"
--
'" ,
, '"
, ...
''''
-
-
:z.n I: n
"" >
234 I: ~
w I: Z
'.
23l!1 I: -
'" ,
; I
; I
~
-.-
1-.-
'" .
f
J
-
ZBA 2005-007
Zoning By-law Amendment
~ Lands proposed to be added Draft
Approved Plan of Subdivision
18T-87021 and Subject of Rezoning
Application
k((::,::i::j Lands proposed to be Removed from
Draft Approved Plan of Subdivision
18T-87021
Owner: Intracorp Holdings Ltd.
II ~
~~!
~ If\\JIIa!
~ ~~ z I ~c:J[
h ;I~fl ! J~[jlr
~~\~3~~
~.
z z~
o f2l!
Q !!! ~i5
W> (,..l CJ:::l!l;
~Q~ !i~d
g:!O ~h~
... '" ,.. i! &
oe""co i3fli=~
o c~~:J5
... . ~ -<
u.ZI-2ib~&:i!
~jCO~t;;iz6
ga.,...~~g~~
.
t;!~~ ,~
Hi~ it
H~! m
~ J Jl 11 J J J J J J I J I'
H !~IH~!!nn~
i' . .........
'i - ~ i." .
I E~ i U..!U
11!: ~qll!! Illl 1!1! ili !
Ii lllj IiI m'"
" Hi! IIi ill'l
ATTACHMENT 2
'1 .! I . C/ '
I, ~ t! ~'~ I".,
'liH!!'! i!'i .'ill"
i~iai ~::d J : ill! i
!1:1:'Ii!liill i, ~ I!ll!'!
:'lll" 'I · ,.
" !' "I' I ~~ > i' I
~In' ~~ltl . I- ':.
I ,'" ~ 'I:' a:' I
lhmihlil!" ~ m
,~II; ! ;lll. I I,... "',,,
." ;..
pl'"'''.''' .:::
~I ,..' ~"
.. ,.,' : / .
;, .
.
!;i' ~ ~U
~ I' lA,
. ! !
i I il il
~ ~ :i ~~
.'
,
1r. '1\
-'"
~
I
"
,---------
i : \ 6 Iel zm -1'I0~ NVld 03~31SI:l~ I 1 l'i3~~~f?d~ld l
I) ...g .' _ .w 3mn^'l -NI.\\OOOCl tr~t65S~ .-J,
OL 101 - '-'-----\1
,I "" ~ ~~ ~ ~ ^ ~ "I ~ ' e! 0 11 ~ "1;i1 < ,10 'I" \ ~ I
: .I:~ \ ~ ~ Co ; \l Wl l~~~ S 5 ~ ~ s s I ~ I[ S ~ ~ s ~! ~ ~ I S II S \ 'S
.;\ I \ "............ I Zl 101 ) \ "" I...J , I' - ...J...~ ...J -: ...J,~ 'U" ...J ~ -:'.. ...J - I '
1 'i' '"q...;:-", II I .. L, ' ,1 ' "t.' J 1ft~;0 \ I-I
1 Ij\\ '........;,-. ~ ~,...~ I --~. ~i "\ !1*- I ~II; _Ii' 11. :r ,~\ \ \11
I I' \ 1-" Iii 1 ~....- 9 -\.,,\\Ito r~.' .~II" ..'e: tl, "~~- I: ~ \~\l
\ I Ii -w' "J.. I --... t~, ') ~ " ~
, 11 :J\ ~ ~ ; 1-- _ .. l / i ;. - till \1'''''''''::; C '"
I l:g~l, \~~\~~ 1 '" I 1-..... i~ \ "; Qll\ ~Il ~~ ~~- :-..., -(\:.,
'.Oll:l~\~ 1171 -- ~ ".' L_ ,,--\ I
! I' (/ / ~ 0; ~ ~_____ ~ ~g t: ' u: ~ ;_ ill" ~ ~
~ ~i("I;~/ ~ , _~~_+t-" ~~~ \1 ~: '. ::: ::: t ~ :: ~ I
I >~Iil ;.~ / ~ ~ all ~ ~ j!: : "I J r:
v' 'I'!^: I ~-t~- I,L~- = ,. "".'~' '1 t-::
"~"1~lh ',' ~~:;:~;~';..... .~ ;--:' ::: ;; ;'":: ::: '! :: :: ~ ; :~: ;:;::. -I . I-
11i~ 1 t7f\ JJ.1E;lOll~~\II"lIIIn. ~; ttZ tot ~ ; iCt oct; ,. z: . lid ~ 0 c.=
o~ 0;! .. ~~ ..." ~ ; litt l~t ~ ; 1i~'i' et'l:; I / : tn ~t: ;;.r.~ -
1 ,p n:!.l ~ ; eu (lot ~ ~ t(Z ut ~ I / ~ ~tl: DDZ: ; ttl ,~.
"l 1,.nL l....~'.".... ~... .. ... ~-
:.! l ;" ";:: I', '" '''. ";= __/~: /" .1' "'<0. .,:'.:..... M' . '''; ~ c..
i .,,,:;, Y ~j~., ~
!:il ~ "51'_~:'! ", ... '" .m ... n' t' no "'II'" ....11.11 "............O! 01' 01' ,no .~..... ", n. 0'1, -~ift I r I
"'I{"I .I.'l 1\.. \ .' , \,111, . ",;:. . . . . . . ''" . , · ,I, '~I 1
~II~; ;I:~':'" i'f ~"- ~ I~~ - -'~,~;:; i" - -- ~ ;) - ~ ~~. ~ ,.:;);;, ~~ t ..,.. :-1 ~
"d .,I!)IM;; *t~lft,",:j!~lt.~~:;*~1I!1lI.......lItll::l -I
'" ( .."' ../' , .11'1_11, _ _ -/-'.. '1rK"I':-\-' - " 'c, \0 1
"~~I-'1 ~. ... I.~ .11 .-.. 01' ~ U "J .,.. I '..{ " I ~""l! ." ,_" .... ~ 1.'0" n. I,.... I .......~. ~I~" ,,:2 1-0' [.-,}'" -'
-.... ."" "'" ft M -';",y "\-L--1
~r~ .....--- ; tflJ ]:JY1d~ i I ~"- i~~.'1 .-, 'i1/~ /" Y
,,- 1/ /7 . - -.. Ii-:: ' I
151 i I-~"I''''. ..I--j-n-'l"'.2i t...' .., .. ... ." .., ~ ~ ... ~ :a. /- - "\ [
211;1 ' I,.. Q f ' :;..f-"t. ~ ~. ~ , E. e e.! !I:or'. '''I .)Ji II
I~ / ~! ~ / I ~ ~~ / R 'j;" E ! ~ I ~
~II[; ;; ~'~ V; _I l. ,...: . - . '/,: I;'
· ! ( " - '/1' ,,,J,,.~ 9 I" , ... , , , . , "-'*1.: :t /
._! ," I~.' F ,..I'"."-....-,;~.I.' '!~'"
, I I ~ ",'" ,." ..." '" '. ...,,'" no ... ." .. ", '.[.1' ~ ."
"" III' / L,.J I ~ ..'" "- ~ ~ '''I~'' ../. - ~ ~
;i II tt.~:;~I\..f::"~~,/.j.--""_.."/'...,-'" '?..l~..'''/''''~''~.,-' :...
0(". ,,' f' , '- ........ ,.. ;, '- , , (. ....., \ . .
Z I .'J.n ;. ::7 \. / ~ r
~I i: s ~;... ~ ;r.r ',,---t;; I;.!II ~ a I / ~ - ~/;........ '; - I I ~, 1
01 . / ~ /" ,. ' '1 " ........." ,'~' '" '-;.,' ,~ I ~ 1
; (I'" ~ .. -'---I-"-'- " "" ,.'.J. ~ 1 / '3 I
"I . IY. ; 'c-.-..' "If ~ ' . I' '"" 1
~II('.".... ,. ,/ I,. ~T; "/iil
w r ..--" , i' " H I
',:"J!III' .,(. '. 'Vi'. A' V'/~'f"~'''' "'"' ':::i, L
" 1 \' ,_-". _._..L.' , , 'I' \ ." ~ ,. ""-; " kJ , "-"<.
\ '1"- ~'J1Il, __;:I"..~ . . ~ ,. . - ~ " ----::;'-
--.::. , .... ..' K ,-H )' "1 ;)l' ,"'''
., "..... \ ''''~ ";\ .' .".. . '".-. ""
..~ ____"'- :. .oo - ~ ~/ 1lI ~~ '
js;i'i'~\j\f~I' ',~~ I '~I--':/: ;'./ '-J; : ,," I \
l" r_~~.;,I'A.;"~N6~~1-;2)-J-~1.----? ------
':-, .Ii ,> ~' <> j " ", I, ~~ '-----~'r' ';.
0:; - ~ ' 0:; ').
~n','~
DI:~1C. ,
,,,,,,,":;;.: ;l
,:"\
i ,O'!: ,'.\\
!.,' !1/1:\
.. JC
. .
6 "U
U)z ~ U C:::l.I..
-~N~'''o
>0.. ujdl;:
iJ:!~ i2 "h.
w~ OJ bl~g
o~: I~-J ~~
l}/---ll.o. L-Z~~o....:l
00<'--~ Ujli
~w~ CXJ":;;~Z~
fn:::e~.,-~.fe SlIi!
E. i- 11 - ~ I " I , , J I "
#ul,~~; '(! !!!! '.B l
I - ,'.. I-
i "if!j'i i'
I..." I
r ni -lr.! II. "II ;ii
II ,11 ,1! nil;;; I
I! ! I ,/ '" '"
lilil i , ,ii,
~ II II :: Illl'
~
AIIAvHMt:NI J
!' ,
: 1- - - - - - ~ c; I (:~'.Z->,,~~ ~I'lc m~3iS'j3" ~';2J;g:- J~-"I
II ~ '" II 3n~3^1' NLY,QfJC(1 ,r.~:j(;"} -< _ ,1
Gl~' .~~ -
I' ~!~ 1_ 'I ~ : 1 "' I ~ ,~ " l.;, I . ~ !" I'" , ,-', ~,~ I
: ":~~\ ..,..', ,,,.:,~,~l~ I,~ f ~"1~. ~ ,.: r ~ g : l;~.i = ~~j~is'icSc
!:I .. ~'J'I 'I', -:~;~~~~Ii~~>: .. I.
, 'J) \~~(__~ /11 ijll ~ .._~::~ i L:":~; 'ii?;::. ',' ~ ,
; ;!!,~/i i_---------- .:, '~I' \ t- - ;:: ~I' ,~ :: ~ ir' :;- ~/
'," e ~,' ,~--'. ' '" '-'
I :1 I! 1 ~-~ ~ ::: : 1:1 :~: :::::':: - ~
'~ r\\ ').,;, i~'-: ~ ::: r:"~ ~<: !~, j: ::: :~: j:: /L. ~ ~ ~
lo............r ~ i -~"Q,,:$. ~ ~ ~ ; lUI lU.I;; I' ;; ut'- In;; i J : ~ 1#:". la' ~ l~
:W' ;:;;;.:~f\ ';",";);~?:'h~...::;!i'::~ - f~
8Ii~~ ~ ~'::' ,'~ ~',j~i:~~ .' ~'. ~'\j.'" &!:II"!:~~' ~'.~' 'i; .; ';' ~. ':' : ;'r: ~' ;' '; '~'.;I~H r, :
~,;~ - -lJS"l '"prr~i - ! - J -~h~ T - . - '.' . , '" . . "iI". d I
/:~~, /' _-' :i,.1 "HY~ ----; ----~J.'~l.,.t-~L.~
~lcI F iii I ./ ~ c;': :It k!l : I ",~ :l ~ ,:I> :il:rJ:", ii' ~ l' !l ; ~ "!....- i ~ ~ ~ '~, ~ I
'" ., r! - -' ., ,,~, - - - -/ - '11'-' - . - ~ - t"" __k II ,.,:; , " ,
'\..~I I ni'~~1 ,.., '" \~... ... ~:: ." ", ..' \1. ','JUI.;-;;o ~,_... n. ... 'tll:, .... n, ,no I..." ,u ..' .iro. - ~ ....---" '.--i---..
~:jl (7~::::::::i:J::::-';";-~"t-------;-----J7?~{----;-----"""~ -------~:~;;':!:--.':ifi)-' ,
~,,-.;I. I ~~il'; '; ?7v-;"-r~~ ~i~,1 ~ ~ ;' ;' ~ .; ~ '; l?"~ ~ :-T.-';;"~' ! ! - - -
~;/ ~i:) ! - ~ - I l~i ~)ii~, -. a::l ~ / I
I 'I' 0 I ,-~. - I
, ';'-IV' -f-:i::- '\ i,('~ ,~fil. M~!.i" Is :a~, ~ ~ " . t kl.!'~~I'}' :
m\ ,: : +--;...- \~ :l',~ I.... "' '.... .1I1~ :-: I,.. ;;;- '0" n. nl no .'r ~-<:,:: :: ~ ! ~~ ~-;
. _I~\I/ [ i I,~ lil -"r(" ;'tf').:~~-Siln--~--.u:) }- ~-llilUS~':!~':q__~_~i n~,,"' nt ", 0., 0""l" .. " _I
:!!,I! 'II., ~ h.. " ':-'-.-----~----.~"IC-'-':' _um_ u."';f'c-~--____~--;'~.'r,--u--t frJl
'I' I ' : ,. , ; ; r: ... .'--"! r , .', . 0 , ,~ -t.-".---\ __'__m_
~,' iY~ I . ~~:''':--''''''-'I'-';'; :...:' ~ '~: :','/-(" ~!;J---~J;~/I -'I
5' ,', ' , · , :,i,l, . .. y:~, ' ." ~ ~
~I /fi':j~ /-':;1 : ~ :: i ;: ~'''!: ~ I: ;~fj'::/ ,)ci ;:;
...:: I: :-rl :;: '-~""....J J -,:'O' :::I"; 1M: " - I~ :: -
~nl :i!-;~, ; :]--A :l ,: ,;,' ~ I; 18!L~:1 '1- \2! i'; ~,/ /~. , I
"..~III\_:\: ;-~~ ::II; ~--r:" ~\: I ;/':l_/~Ji I" -j~ ;~ ~ ;It~: ~~
_-' \ .:I,'~ _ "/ :~,h Oli _ iii '; : 1;\ ' . t!l:i .. . l~: .--oj-.
I ' . \'iiYf.om;;'-'--lfo--- .- ',.... .. : : . ,. "I ,. _:' i' . __"^,'
"'1 -> -"-"';-'------'-~c:~.0\~'.' ': it-:. \.;, " ;' 1 .
_... ""'''-..- .' ... '.... ..0 I $ ~ ,.., ~ -------" _ :;no ._Q..---...~ ' ,
:~~ ---...,'_, 'I... I ,-: , ft,d ~- II .--/ ~: i . I
.. ~'''' ,it.' ',. c~ ".' I' ".~ ~ 'c oj " I
IW:i~\lI ".. ',I,"~' '( '^, -)~:-:--: _"7:" -" ,
,i ,___ _ ~_J~A.:"."---~NO"- ~r.2j----J--- -i~--- --- m -{ m --- --- m --- m_
';j/l" .. ~i,,' ....j ~l ----,.., "
,
CONDitiONS OF DRAFT APPROVAL
Revised Draft Plan of Subdivision 18T 87021
Part Lot 11, Concession 2, Former Town of Bowmanville
ATTACHMENT 4
1, The revised Conditions of Draft Approval for Plan of Subdivision 18T-87021 last
approved March 1, 2005, being numbers 1 to 42, shall be deleted in their entirety and
replaced with the following conditions,
2, The Owner shall have the final plan prepared on the basis of approved draft Plan of
Subdivision 18T-87021 prepared by Tunney Planning Inc. identified as job number TUN
507-2, dated November, 2004, revised in March, 2005, which illustrates 284 single
detached dwellings, Block 285 for a commercial block, and various roads, site triangles
and reserves,
3. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
4, The Owner shall name road allowances included in this draft plan to the satisfaction of
the Regional Municipality of Durham and the Municipality of Clarington.
5, The 5.18 metres road widening on Concession Road 3 and the 14 metre x 7metre site
triangles at the intersection of Lowrie Street and Concession Road 3 identified as Block
295 shall be dedicated to the Municipality of Clarington as a public highway free and
clear of all encumbrances with the final registration of this plan.
6, . The 0.3 metre reserves shown as Blocks 287 288, 289, and 290 shall be conveyed to
the Municipality of Clarington free and clear of all encumbrances, with the final
registration of this plan.
7, The 0.3 metre reserves shown as Blocks 291, 292 and 293 shall be conveyed to the
Region of Durham free and clear of all encumbrances, with the final registration of this
plan,
8. The 14 metre x 6 metre site triangles shown as Block 294 at the intersection of Bons
Avenue and Liberty Street shall be conveyed to the Region of Durham free and clear of
all encumbrances, with the final registration of this plan.
9, Block 286, being the 3,0 metre walkway shall be dedicated to the Municipality of
Clarington free and clear of all encumbrances, with the final registration of this plan.
10, The Owner shall receive approval and perfect a consent application to realign the
boundary to add a 0.166 ha parcel of land to the adjacent Draft Approved Plan of
Subdivision 18T-89070, previously identified as Block 279 on Draft Approved Plan 18T-
87021 dated March 1, 2005.
11 , The Owner shall receive approval for and perfect a consent application for a boundary
realignment from Draft Approved Plan of Subdivision 18T-89070 to add 0.391 ha for the
completion of Lots 244 through 254.
'1i The location of all road allowances must be compatible with the location of the road
allowances in all adjacent draft plans of subdivision.
NOISE
13, The Owner agrees to submit a supplementary noise control report to review and update
the abatement measures recommended in the Noise Impact Study dated April 6, 2005,
prepared by Sernas Associates, The revised noise report must reflect the design/lotting
changes approved in the revised plan dated November, 2004, revised March, 2005.
The Owner shall implement the noise control measures recommended in the original
and supplementary reports of the Region of Durham and the Municipality of Clarington.
The above-noted recommendations should also include the following requirements:
I. The Owner agrees to insert the following clause in the purchase and sale
agreements for Lots 9, 10,26,27,47,48,66 to 69, 160, 161 and 284:
"Purchasers are advised that despite the inclusion of noise abatement features
within the development area, noise levels from road traffic may be of concern
occasionally interfering with some activities of the dwelling occupants as the
noise level will exceed the Ministry of Environment's noise criteria."
II, The Owner agrees to insert the following clause in the purchase and sale
agreements for Lots 8, 28, 46, 49,65,83 to 97,159,162 and 283:
"Purchasers are advised that sound levels due to increasing road traffic may
occasionally interfere with some activities of the dwelling occupants as the
noise level will exceed the Ministry of Environment's noise criteria,"
II I. The Owner agrees to install a 2.1 m high noise fence on top of the
proposed finished grades as recommended in the Noise Impact Study
dated April 6, 2005, prepared by Sernas Associates for Lots 9, 10,26,27,
47,48,66 to 69, 160,161 and 284.
IV, The Owner agrees to install central air conditioners in the dwelling units and
insert the following clause in the purchase and sale agreements for Lots 84
to 97, 161 and 284:
"This dwelling unit was fitted with a central air conditioner to allow the windows
and exterior doors to remain closed, thereby achieving indoor noise levels
within the limits recommended by the Ministry of Environment. (Note: The
location and installation of the outdoor air conditioning device should be done
so as to comply with noise criteria of MOE Publication NPC-216, Residential
Air Conditioning Devices and thus minimize the noise impacts both on the
immediate vicinity of the subject property)."
V. The Owner agrees to construct the dwelling units with a forced air heating
system with ducting sized to accommodate a central air conditioning unit
and to insert the following clause in the purchase and sale agreements for
Lots 8, 9, 10, 26 to 28, 46 to 49, 65 to 69, 83, 159, 162, 164 and 159:
.
"This dwelling unit was fitted with ducting sized to accommodate a central air
conditioning unit. The installation of central air conditioning by the homeowner
will allow windows and exterior doors to be kept closed, thereby achieving
indoor noise levels within the limits recommended by the Ministry of
Environment. (Note: care should be taken to ensure that the condenser unit is
located in an area that is not sensitive to noise. The sound rating of central air
conditioning units must not exceed the sound emission standards established
by the Ministry of Environment),"
VI. The Owner agrees to install the recommended Building Components
contained in the Noise Impact Study dated April 6, 2005, prepared by
Sernas Associates for Lot 160,
14, The Owner agrees to insert in following clause in the purchase and sale agreement for
Lots 47 and 48 and Lots 161 and 284:
"Purchasers are advised that decorative landscape features such as fencing
(wood, stone or metal), signage or plantings provided on their property at the site
triangle delineate the property boundary and provide a buffer from the intersection.
It is the owner's responsibility to maintain the said decorative landscape feature."
15, The Owner shall satisfy the temporary turning circle requirements of the Municipality of
Clarington, Temporary turning circles are required at the terminus of Bons Avenue,
Allison Street, Argent Street and Courtney Street. All Lots fronting temporary turning
circles will remain frozen until such time as the road allowances are extended and
constructed with the finished urban roadway including Regional services, asphalt
paving, curb and gutter, boulevard sodding, sidewalk, street trees and street lighting for
the entire frontage width abutting the "frozen lots or Block",
16, Prior to issuance of building permits the Owner shall remove any temporary turning
circles location immediately adjacent to this subdivision which are in existence at the
time of construction to the satisfaction of the Municipality of Clarington. The Owner shall
reconstruct any "external connections" to an urban standard, including asphalt paving,
curb, gutter, boulevard sodding, sidewalks, street lighting, street trees in accordance
with the standards and requirements of the Municipality of Clarington.
17. The Owner shall enter into a Development Agreement with the Municipality of
Clarington regarding the reimbursement of front-ending agreements entered into
between the Municipality and:
1, Schickendanz Brothers Limited (Stormwater Management Works):
2, The Owner of Plan 10M 829 (Stormwater Sewer Oversizing): and
3, The Owner of Plan 40M 1852 (Stormwater Sewer Oversizing),
This Development Agreement will contain appropriate clauses regarding the timing and
amount of the required front-end payments. Payments shall be determined in
accordance with the provisions of the Development Charges legislation, to the
satisfaction of the Municipality of Clarington.
~
\
'18: The Owner agrees to insert a disclosure in all purchase and sale agreements advising
home buyers of the municipal parking regulations, to the satisfaction of the Municipality
of Clarington,
19. That the Owner shall establish a geodetic benchmark in the vicinity of the intersection of
Liberty Street and Concession Road 3, which will serve as a vertical control for the
neighbourhood. The Owner shall be responsible for 100% of the cost of establishing this
benchmark,
20. The lands within the Plan of Subdivision shall be appropriately zoned in accordance with
the Municipality of Clarington zoning by-law to implement the proposed development.
21. The Owner shall retain a qualified consultant to prepare and submit a detailed Tree
Preservation Plan to the satisfaction of the Municipality of Clarington.
22. The Owner shall grant such easements as may be required for utilities, drainage and
servicing pu rposes to the appropriate authorities.
23, The Owner shall submit plans showing the proposed phasing to the Region and
Municipality for review and approval if this subdivision is to be developed by more than
one registration,
24. The Owner shall pay to the Municipality, the development charge in accordance to the
Development Charge By-law, as amended from time to time.
25, The Owner shall provide and install sidewalks, streetlights, temporary turning circles,
signage etc, as per the Municipality's standards and criteria.
26. The Owner shall assume all the costs for provision, installation and location of
community mailboxes to service this development, in manner satisfactory to the Director
of Engineering Services.
27. The applicant must enter into a Subdivision Agreement with the Municipality of
Clarington and agree to abide by all terms and conditions of the Municipality's standard
subdivision agreement, including, but not limited to requirements that follow.
28. The Owner shall provide the Municipality, at the time of execution of the subdivision
agreement, an unconditional and irrevocable Letter of Credit acceptable to the
Municipality's Treasurer, with respect to Performance Guarantee, Maintenance
Guanantee. Occupancy Deposit and other guarantees or deposit as may be required by
the Municipality.
29. The Owner agrees that prior to 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.
31. The Owner shall be 100% responsible for the cost of any architectural design guidelines
specific to this development, as well as 100% of the costs for the "Control Architect" to
review and approve all proposed models and building permits, to the satisfaction of the
Director of Planning Services.
32. No residential units shall be offered for sale to the public on said plan until such time as
the exterior architectural design of each building has been approved by the Director of
Planning Services.
33, The Owner shall pay the appropriate cash-in-lieu of park lands dedication in to the
Municipality of Clarington in accordance with the Planning Act.
CONSERVATION AUTHORITY
34, The Owner agrees to not place fill, grade, construct any buildings or structure without
prior written approval begin given by the Central Lake Ontario Conservation Authority.
SERVICING
35. 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 sewers and water
supply facilities are to be designed and constructed according to the standards and
requirements of the Regional Municipality of Durham. All arrangements are to be made
to the satisfaction of the Regional Municipality of Durham, and are to be completed prior
to final approval of this plan,
36. Prior to entering into a subdivision agreement, the Regional Municipality of Durham
shall be satisfied that adequate water pollution control plant and water supply capacities
are available to the proposed subdivision.
37. The Owner shall satisfy all requirements financial and otherwise, of the Regional
Municipality of Durham, This shall include, among other matters, the execution of a
subdivision agreement between the Owner and Region concerning the provision and
installation of sanitary sewers, water supply, roads and other regional services,
38, That the Owner supply on disk, in a CAD format acceptable to the Municipality, a copy
of the proposed Plan of Subdivision as Draft Approved and a copy of the Final M Plan.
39. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain, among other matters, the following provisions;
a) The Owner agrees to include provisions whereby all offers to purchase and sale
shall include information that satisfies Subsection 59(4) of the Development
Charges Act, 1997.
. '.. .
'.
40, Prior to final approval of this plan for registration, the Director of Planning Services for
the Municipality of Clarington shall be advised in writing by:
a) The Regional Planning Department, how Conditions 2, 4, 7, 8, 13,23,35,36, and
37 have been satisfied
b) Central Lake Ontario Conservation Authority, how Condition 34, has been
satisfied.
NOTES TO DRAFT APPROVAL
1, If final approval is not given to this plan within three 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 Services for the Municipality of Clarington well in advance of
the lapsing date,
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.
3. All plans of subdivision must be registered in the Land Titles system within the Regional
Municipality of Durham,
4, Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies in order
to facilitate their clearance of conditions for final approval of this plan. The addresses
and telephone numbers of these agencies are:
a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, ON
L 1 H 3T3 (905) 579-0411
b) Region of Durham Planning Department, 1615 Dundas Street East, Fourth Floor,
Whitby ON L 1 N 6A3 (905) 728-7731.
.
-;- .... 'T
ATTACHMENT 5
.
.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005,
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 former Town of Newcastle to
implement zoning amendment application ZBA 2005-007;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 13.4,36 "Urban Residential Exception (R2-36) Zone" is hereby amended
by adding a new provision 13.4.36 c) v):
"13.4.36 c) v) interior side yard
With attached private garage or
carport 1.2 metres on one side
and 0.6 metres on the other side.
Without attached private garage
or carport 3.0 metres on one side
and 0.6 metres on the other side,
Where the interior side yard
setback is less than 1.2 metres,
the side yard setback on the
abutting lot must also be less
than 1.2 metres."
2. Section 13.4.37 "Urban Residential Exception (R2-37) Zone" is hereby amended
by adding a new provision 13.4.37 c) v):
"13.4.37 c) v) interior side yard With attached private garage or
carport 1,2 metres on one side
and 0.6 metres on the other side,
Without attached private garage
or carport 3.0 metres on one side
and 0.6 metres on the other side.
Where the interior side yard
setback is less than 1.2 metres,
the side yard setback on the
abutting lot must also be less
than 1.2 metres."
---: ~ ...
. "
3. Schedule "3" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Agricultural (A) Zone and "Holding - Urban
Residential Type One ((H)R1) Zone" to "Urban Residential Exception (R2-35)
Zone", "Urban Residential Exception (R2-36) Zone" and "Urban Residential
Exception (R2-37) Zone."
4. Schedule "A" attached hereto shall form part of this By,law.
BY-LAW read a first time this
day of
2005
BY-LAW read a second time this
day of
2005
BY-LAW read a third time and finally passed this
day of
2005
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
~ ~ .~ J1, This is Schedule "A" to By-law 2005- ,
. passed this day of .2005 A.D,
l I I I I I I I I
I I
JENNINGS PLACE
I-
W
~
en
~i~ :c
Ii:
0
z
r-
w
w
c::
r-
OO
~
W
al
::;
(
I
(
I
I
BONS AVENUE
:I:
I-
.11:
e
~
...J
<
Z
l- e
w en
w ::i
II: <i!
l-
I- en
Z
w
<.l - f--- --
en
w
II: -- ~ -- --
<.l n
'T I
~--- ~ II!I I
e---- \ ~! \
, N I
---
I
.-!
01
~ 151 [; ~
: : : I::: N
~~) '" T 0
~
II \ --- -I I I II
I ! \ 1
--- I I ! I !
,
5 r I , ~ >\ LOT 12
r r r a 5 ~~~'
~ "i "i "i "i ~ ~
~Io; . 0: n5 LOT 11
! ~ v. ~ ~f
,
, I , LOT 10
\ '"~
n
GOODWiN AVlNlJE n
~ LOT 9
J
~~g;;t Zoning Change From "A" To "R2-35"
~ Zoning Change From "(H)R1" To "R2-36"
flllllm Zoning Change From "(H)R1" To "R2-37"
John Mutton, Mayor
Patti L. Barrie, Municipal Cieri<.
-cl I. -I -. 'i~M i!m I 1
~~~=
3'ulli
~IIm<U~[,...,
c ~ 1" ,
~ - -d ~\ ,III, ~I ;::-- ___,
~~ ~~ l~_~ R~~
Bowmanville