HomeMy WebLinkAboutP-134-79 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N. Smith ,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF July 23, 1979
REPORT NO. : P-134-79
SUBJECT: Architectural Control
BACKGROUND:
The attached report on Architectural Control was consid-
ered by the Planning and Development Committee at the Meeting of May
14, 1979. At that time, the report was tabled so that other architectural
control proposals could be considered.
COMMENT:
In view of recent discussions in Council in respect of
Architectural Control or new plans of subdivision, it is recommended
that the attached report be lifted from the table and considered.
RECOMMENDATION•
That the Planning and Development Committee lift report
P-63-79 from the table and consider "Architectural Controls" on new
plans of subdivision. .
Respectfully submitted,
DNS:lb D. N. Smith, M.C.I.P.
July 17, 1979 Director of Planning
Encl.
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D. N. Smith ,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1J0 TEL. (416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING, May 14, 1979
REPORT No.: P-63-79
SUBJECT: Architectural Control
BACKGROUND:
At the Planning and Development Committee Meeting of February
19, 1979, the following resolution was passed in respect of "Architectural
Controls":
"That the Town establish an Architectural Control
Committee for each new subdivision through the
provisions of the subdivision agreement. This
Committee consist of one representative of the
Developer, a representative of the Works and
Planning Departments and a Control Architect
selected by the Town but paid by the Developer.
This Committee produce a set of standards to
control the aesthetics of the development in
the particular subdivision. The subdivision
agreement contain a provision that no building
permit is available for any lot in the subdivision
until the plans and elevations have been approved
V\
by the Committee."
PD-111-79
�� s
At the Planning and Development Committee Meeting of
April 16, 1979, a delegation was heard by the Committee and the
following resolution passed:
"That the delegations be acknowledged and the matter
referred back to staff for a further report with. a
proposal for Draft Architectural Controls for small
(3+) and large (50+) developments and presented to the
regular meeting of the Committee and forwarded to inter-
ested parties following the Committee deliberations."
In conjunction with the delegation of April 16, 1979 a
number of written submissions were received in respect of archi-
tectural control and its potential impact on the development of
housing in the Town of Newcastle.
PD-186-79
COMMENT:
Staff have reviewed the written submissions and the comments
received at the Planning and Development Committee Meeting of April
16, 1979 on the basis of the potential impacts discussed and in the
light of current demands on staff time.
Delays in Construction due to added processing time.
Additional Costs to the Builder
It was suggested that delays in construction would result from
the additional time required to review the architectural aspects of
proposed developments and that those delays would result in higher
costs to the builder and consequently the home buyer. The point was
raised that often the developer acts only as a subdivider and that
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upon registration of a plan of subdivision, the building lots are
sold to another developer or builder. In this situation, the builder
would be required to submit architectural plans after the subdivision
had been approved, resulting in some delay before a building permit
could be issued. In those situations where the developer is also the
builder, the review of the subdivision plan and the architectural
aspects of the proposed units can be reviewed in parallel fashion thereby
keeping the processing time requirements down. It may, however, be
expected that as another step has been added to the subdivision approval
process that the overall time required to approve subdivision plans
will increase. Additional costs to the subdivider/builder can result
as carrying costs will be borne by the landowner for a longer period
of time. In turn, the purchase price of the finished unit may and
probably would reflect the additional costs to the builder.
Architects Fees and Additional Costs to the Builder/Homeowner
The architectural review procedures embodied in Resolution
PD-186-79 would require that the subdivider and/or the builder reimburse
the Town for the cost of retaining the reviewing architect. On larger
development proposals, these costs would likely represent a very small
proportion of overall development costs. However, on smaller plans
the costs assume larger significance. Actual costs would vary with the
individual subdivision and the types of units proposed. No estimates
have been made for these reasons.
Limiting of Choice to the Homebu er
Architectural control may take various forms depending on the
level of detail deemed appropriate. In the Whitby example, on which
Resolution PD-186-79 is patterned, proposed units are reviewed as to
their density, siting on the lot, model type including size and
style, the types of building materials to be used and the landscaping
to be incorporated into the overall design. Architectural control
was implemented in order to avoid the development of repetitious
housing styles and in fact to ensure a choice of units within "enhanced"
housing projects. Architectural control can also be used to ensure
that new units blend with adjacent existing development. Architectural
control does not speak to the quality of the finished product in terms
of construction although some improvements in the unit may be realized
as better building materials may be required. Architectural control
speaks primarily to the aesthetics of design as dictated by the elements
of design mentioned above, as such architectural control is subjective.
Possibility of Abuse
It was mentioned that architectural control implemented through
an Architectural Control Committee could be abused in respect of develop-
ment outside of Committee and Council. It would be advisable in this
regard to provide potential builders with Council endorsed design guide-
lines for the submission of plans. In this way staff, elected representatives
and the public would have a reasonable assurance of what is required prior to the
submission of plans. Staff feel that it would be appropriate to have
the decisions of the Committee endorsed by Council.
Staff Time and the 1979 Work Program
It is strongly recommended that the Committee consider the
implementation of architectural control in the light of the proposed
Work Program for the Planning Department for the remainder of 1979.
Currently staff is fully occupied with the current operations and long
term planning matters listed within that document. Any additional
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requirements of staff time can only result in the deferment of what
are viewed as higher priority items.
CONCLUSION•
Staff are generally in favour of architectural control as
it is a means of improving subdivision and housing design, thereby
helping to promote the development of more "liveable residential en-
vironments in the Town. However, in light of the issue raised above,
staff are prepared to recommend only a limited form of architectural
control at this time, noting that the Committee and Council may wish
to review this matter again in the future. Staff suggest that the Town
undertake a limited form of architectural control whereby the onus for
controlling the design of buildings is placed on the subdivider. This
would be achieved by the inclusion in future subdivision agreements of
clauses similar to those now used in the Town of Aurora (Regional Munici-
pality of York) :
"Architectural Control" (as per Subdivision Agreements)
1. The owner covenants and agrees with the Town that it
will exercise or cause to be exercised architectural
control over the designand construction of
dwellings on the Plan (Plan of Subdivision) through com-
pliance with the following:
a) That the exterior construction on all homes be
mostly masonry;
b) That there be variation in the homes to be erected;
c) That not more than two abutting homes shall be similar
in model type;
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d) That where a unit will abut an existing residential
unit, the proposed unit will be of a similar model
type. (added by staff)
2. The owner covenants and agrees that it will in the agree-
ment of purchase and sale require each builder purchase
from it to file, prior to applying for a building permit,
with the Town a master plan for the lots purchased by the
builder purchaser showing housing types, elevations and
the distribution of models or such lots.
'It-is recommended by staff that the master plans referred
to in clause 2 and that all building plans be prepared by a registered
professional architect and that perspective drawings be prepared showing
the proposed units. These "master plans" will not,`require approval but
would be submitted to ,the Town,,for information.
For information, an example o portion of a purchase and
sale agreement between a developer and purchaser builder is attached,
again as per clause number 2.
RECOMMENDATIONS:
That the Planning and Development Committee:
1. Consider the proposed changes to the standard form of
subdivision agreement, and
2. That a public meeting be held to receive further comment
on "Architectural Control" as proposed by staff.
Respectfully submitted,
IA6�&�' c
DNS:lb D. N. Smith, M.C.I.P.
May 2, 1979 Director of Planning.
r SCHEDULE "C"
L. The lands to which these building restrictions shall apply (hereinafter called the "said lands") in-
-- elude the lots described in the within Agreement.
2. No building shall be erected on the said Iands other than a private dwelling house to and for the use
of a single family.
3. No more than one dwelling house shall be erected or stand at any one time upon any of the said
single family detached lots or not more than two dwellings on a semi-detached lot_
4. No building shall be erected on the said lands or any addition thereto unless they shall have been
designed by and all plans therefor shall have been drawn by an architect registered to practice in the
Province of Ontario:
Notwithstanding anything herein contained, no building, fence (including hedges) or erection of any
kind shall be erected on the said lands unless the plans,-dimensions, grade and ground elevations, speciti-
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cations, exterior materials and colours; and the location.thereof as indicated by,a siting plan,shall have
been first submitted. to and :approved:in writing by the=Transferor and'no building, fence or other
erection shalt be constructed or placed on the said lands otherwise than in conformity with such plans,
specifications and siting plans. In approving the foregoing, the Transferor may take into consideration,
the material and colour of all roofs, exterior walls,woodwork, windows,hardware and lighting fixtures,
fencing, paving and landscape details proposed and the harmony thereof with the surroundings and the
effect of the structures as planned on the outlook from adjacent or neighbouring properties_
r.
6. No external alterations or changes to the structure or appearance (including colours) of or in respect
to any dwelling, garage or other structure erected by the Transferee may be made, done or permitted
except with the written approval of the Transferor.
7- The design, locations and elevation, of any structures or landscaping shall not be such as to interfere
with the drainage of surface water on the lot or block nor of surface water originating from adjacent lots
or blocks.
8. The said lands or any buildings erected or to be erected thereon shall not be used for the purpose
of any profession, trade, employment, service, manufacture or business of any description, nor as a
school, hospital or other charitable institution, nor as a hotel, apartment house,rooming house or place
of public resort, nor for any sport (other than such games as are usually played in connection with the
occupants of a private residence) nor for any other purpose than a private residence for the use of one
family only to each dwelling unit, nor shall anything be done or permitted upon any of the said lands or
building erected or to be erected thereon which shall be-a nuisance to the occupants of any neighbouring
lands or buildings.
Nothing herein, however, shall be deemed -to prevent any duly qualified medical or dental prac-
titioner from residing or carrying on the usual private practice of such a practitioner, in any such private
dwelling house, but this shall not be taken as permitting any such practitioner, or any other person, to
use any such private dwelling as a private sanatorium or hospital,.or anything in the nature thereof-
9. No dwelling unit shall be converted so as to create any additional dwelling units, nor shall any part
of a dwelling unit be rented or leased or offered for rent or lease to a person or household requiring
cooking and/or bathroom facilities in addition to those used by the owner or tenant, as the case may be.
10- (a) No trailer, boat or snowmobile of any mind shall be parked or placed upon any part of the
front yard of any lot (but may be parked or stored on the side or rear part of the yard).
No commercial vehicle of ariv kind shall be L ar d or stored Upon P k° p any part of any tot
may, bc: parked or stored in an enclosed ,arage).`
c T
�') �o yards of a !ot shalt be used for the storage of materials or equipment other usually stored in connection with the occupation of a buildin„ rtL r than such as
Purposes.
Used for private residenti„r
(d) No repairs to any automobile or to any other vehicle or equipment shall be carried out in
front yard of any lot. t..
(e) Front yard, for the purpose of this paragraph I0, shall be defined as that part of a lot
ing across the full width of such lot bet;veen the front lot line and the nearest part of an.
building or structure on the lot.
11. No television or radio antenna, transmitter, or receiver or other n e
communications device shall erected o any building, structure or lot. 1 Ie
12- No excavation shall be made on the said lands except excavation for the purpose of buildin` t•
same at the time of commencement of such buiIding � on the
thereof, and no soil, sand or gravel shall b � or for the improvement of the gardens and grOUnds
e removed from the said lands except in each case with the
Prior written permission of the Transferor.-
13. No building waste or other material of any kind shall be dumped or stored On clean earth for the purpose of Ievellin in connection with the erection of a bu Idinhe said
lands except
immediate improvement of the a thereon or for the
rounds.s
14. No signs, billboards, notices or Other advertising
matter of any kind shall be placed On any part of
the said lands or upon or in an build' -s or on any fence. tree or other structure on the said lard; with-
out the prior written consent of the Transferor.
15- The exterior of an y dwelling and its wardens and grounds shall not be Ieft in an unsight}v and
unreasonably untidy condition• -
I6-. No Living tree shall be cut down or remove
l from the said lands other than those standing «•'
area to be excavated for the erection of a building thereon without the consent in writing C t rthin an
feror. During the period of constructi�nar Or Elie Trans-
�y ex}sting tree s}lall be protected so as to prevent any damage
and, subject to the above exception, if any tree is cut down, removed or damaLed without such consent
first had and obtained, the Purchaser w-11 forthwith replace the same under the su erv'
satisfaction of the Transferor_ P rsron and to the
17• No horses, cattle, ho-
gs. shoe ,Tr
P> Fo =try or other stock or animals other than household pets normally
permitted in private liomes in urban, residential areas shall be kept UDon the said lands. No breeding of
Pets for sale shall be carried on upon the said lands.
18• No garbage or refuse may be stored so that the containers or refuse can be visible from the street-
19. Provided always that notwithstanding, anythin.,, herein contained, the Transferor and its Successors have the power by instrument or instruments rri writin<- essays
modify the above covenants and restrictions in their applicatio�to any i `l o or block cancel, waive, alter or
Of Witham t notice to the owner of a ck or to any part there other lot or block.
20• Wherever in these restrictions reference is made to the Transferor, it shall mean the successors
title, the owner or owners for the time being of the last part Of the lands comprisin, in
which Mark-borough Properties Limited shall convey away.
1• The burden of the above covenants. am restrictrOl;s shall run with and bind the
of its parts until December 3Ist, 1999 and the bell of these covenants shall be anntxcdaa3an eat,}t
Nti'ith all and each and every part of t}re lands reg=istered as Plan M-57 d r�ri
which remains at any tinge tire: property of the Transferor, or %vi iclr Iran he= rt convt
y,.cl away by.rhe
f
ARCFIITEt_TURAL CONTROL
g- (1) The owner covenants and agrees with the Town - ;t
that ,it:Vwill exercise`:or`.cause'. to- be-"exercised
arc_hi_tectuzal controf_over the design and con
struction of single family: dwellings °and semi-
_ if - detached units on the Plan through compliance
with the following:
8• (1) (a) That the exterior_" construction on all homes
-:: be mostly masonry,- and of--fireproof f
`construction on the exterior except trim. '
I (b) There shall be variation`in the homes-.;to be
erected; .
(c) ,Not more than two abutt-ingAioines-'=sha Y be
similar-_`:zri-=in odeI:'.type is
j 8• (2) The owner covenants and agrees that it will in the
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agreement of purchase and -sale require each builder
purchaser from it to3e-,_::prior.:_to applying fo r. a
building permits-•with the Town 1a-master plan- for- the
lots purchased---by trie b ,i lder- purcnaseT-. showing
house types, elevation "anti"tlie -di ;E,-
models on such :Ifls:
9• REQUIREMENTS FOR BUILDING PERMI-ITS_ 1�
(1) No building permit shall be issued until:
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(a) the easement•3 mentioned herein have been
granted to the Town; :I
(b) ;the:gravel:.°roads;;,° Lnderground--Vservices..-and
connection, thereof,at the 19t_4rip have
_been_;.instai:l"ed==;and/or. construe ced in accor-
dance with the terms and provisions of this
Agreement with respect to the roadway on
which the lots) fronts.
9.
(2) All building permits shall be subject to the
restriction that-any =esidence constructed or to
be constructed sha3 not beocciped urit3l the
rovisions.-for.-:occupar_c:Z: as-�set. _forth in -Sec :"tion
_ �lfl>_of ;Partr3 have;:been-�ocz��lied:;�zi�th , • , �- _�
9- (3) The buildings to be erected within the Plan shalt
be erected to conform to building levels approved .
'by the Town Engineer or Building Inspector before
the building operations are commenced. The said
building leve ls±-c, 33: carifoi-iii�to the-_grades -and:"
elevations :indicated:?on the plans required by "
this Agreement
9. (4) Notwithstanding�the' provisions of Subsection (1) the-
Town covenants and agrees to grant a permit to erect
_ model' homes on `lots'approved by-the,-�TownEngineer; -.
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_ not exceeding _thi (3 0) units-,on" the Plan pro.-=ded
that'a- plan of rty each block og-dwellings has been
submitted to the Town showing the location of the
proposed_ dwellings_ and provided further that the .
dwellings to be erected meet. the"requirements for
building T eves s (referred to in Subsection
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�Y/ � �Af
/�' {5} ter all of_ the financial obligations of Owner _
imposed by the other terns of this Agreement have
bee-n+satisfied and-all security-and deposits have.
: _ been released` by the own and theur,3erta}:inns to
`co`mpl `ete and/or�repairy the services` provided ror
~have been-`satlsf3ed anVo'apples i "`fza° building
in ,respect of,a -Vdtant 3o-t sha deposit w1 t ,
the Town t h su ~
he s 1 000 , '0-]
Y 2 n-Per 6-t cash
__._