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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File # Tj~])t1J?t~<:{
Res. # Gfll- d- W) -Va
Date:
Monday, June 19, 2000
Report #:
PD-061-00
FILE #: DEV 98-068
18T-82037 & 18T-87087
By-law #
Subject:
HALLOWAY HOLDINGS LIMITED
REZONING APPLICATION AND AMENDMENTS TO DRAFf
APPROVAL
PART LOTS 11 AND 12, CONCESSION 2, FORMER TOWN OF
BOWMANVILLE - LONGWORTH AVENUE AND HIGH STREET
FILES: DEV 98-068, 18T-82037 AND 18T-87087
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-061-00 be received;
2. THAT the draft approved Plan of Subdivision 18T-82037, as revised and dated October
1999 as per Attachment #2 be APPROVED subject to the conditions of Draft Approval
as set out in Attachment #4 to this report;
3. THAT the draft approved Plan of Subdivision 18T-87087, as revised and dated
November 1999 as per Attachment #3 be APPROVED subject to the conditions of Draft
Approval as set out in Attachment #5 to this report.
4. THAT application DEV 98-068 submitted by G.M. Semas and Associates on behalf of
Halloway Holdings Limited to amended Comprehensive Zoning By-law 84-63 of the
former Town of Newcastle, as amended, be APPROVED and that the amending by-law
be forwarded to Council for approval;
5. THAT the Mayor and Clerk be authorized, by By-law, to execute the amending
Subdivision Agreement between the Owner of the revised Draft Plans of Subdivision
18T-82037 and 18T-87087;
6. THAT a By-law to remove the (H) holding symbol be forwarded to Council once the
applicant has entered into the amending subdivision agreement(s) with the Municipality.
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REPORT NO.: PD-061-00
PAGE 2
1. APPLICATION DETAILS
1.1 Applicant: Halloway Holdings Limited
1.2
Agent:
G.M. Sernas and Associates
1.3 Proposed Amendment to Draft Approval:
To revise a total of 154 draft approved units (76 single detached dwelling units, 39 block
townhouse units and 39 street townhouse units) to a total of 125 units (64 single detached
dwelling units, 46 semi-detachedllinked dwelling units, 15 street townhouse units and a
block for future development).
The semi-detached lots are located on the east and west sides of High Street and the south
side of new Street "Z" within 18T-87087. The single detached dwelling lots on the west
side of Clayton Crescent have a frontage ranging in size from 12.0 metres to 14.8 metres.
The single detached dwelling lots on the east side of Clayton Crescent range in size from
15.0 metres to 21.3 metres. The single detached dwelling lots on the south side of
Longworth Avenue between Clayton Crescent and Argent Street are 12.0 metres. The
single family detached dwelling lots on the east and west sides of Argent Street range in
size from 12.0 metres to 18.0 metres. The single detached dwelling lots on Longworth
between Street "Z" and High Street are 14.0 metre frontages and range from 10 metres to
14.0 metres on the north side of Street "Z".
1.4
Rezoning:
Part I (18T-82037)
From "Holding - Urban Residential Type Two ((H)R2)" to an appropriate
zone to permit the development of fifteen semi-detachedllinked lots (30
units) and permit the reduction in the exterior sideyard setback from 6.0
metres to 4.5 metres.
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REPORT NO.: PD-061-00
PAGE 3
Part II (18T -87087)
From "Holding - Urban Residential Type Three ((H)R3)" to an appropriate
zone to permit the development of eight single detached dwellings and
eight semi-detached/link lots (16 units).
2. LOCATION
2.1 The property subject to application for rezoning is located in Part Lots 11 and 12,
Concession 2, former Town of Bowmanville. The lands are described as being south of
Longworth Avenue between Middle Road and Liberty Street and generally north of
Meadowview Blvd. The rezoning application includes lands in two separate, but
adjacent, draft approved plans of subdivision. The rezoning application has been
submitted in conjunction with applications for amendment to draft approval for both 18T-
82037 and 18T-87087 (see Attachment #1).
3. BACKGROUND
3.1 Draft approved plan of subdivision 18T-82037, adjacent to Liberty Street, was last
revised July 10, 1997. The draft approved plan includes 363 units, 2 blocks ISO units, for
high density development, a Local Central Area commercial block, a block for a separate
elementary school, and a park block. The plan is partially registered, with approximately
80 single detached dwellings and the school being built.
3.2 Plan of Subdivision 18T-87087, adjacent to Middle Road, as revised, was granted Draft
Approval on April 19, 1996. It contains 509 units, a block for a Local Central Area, a
block for a public elementary school, a park block as well as a medium density block.
Almost half the draft approved lots have been registered as follows: 89 single detached
dwelling lots; 38 semi-detached lots (76 units); and 67 townhouse lots.
3.3 The public meeting for the applications was held February I, 1999. A number of the
neighbouring landowners made verbal and written submissions in response to the public
notice. In addition, a number or residents spoke at the public meeting. The majority of
616
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REPORT NO.: PD-061-00
PAGE 4
the enquiries/submissions expressed concern with the proposed reduction of lot sizes
fronting on Longworth Avenue and Clayton Crescent and potential negative impact with
on-street parking. Other concerns included: an abundance of semi-detached/link lots in
this area; lack of parkland; and a need for a pedestrian connection between High Street
and Clayton Crescent.
3.4 Following the public meeting, the applicant further revised the application in response to
the concerns raised by area residents and the Municipality. With these revisions, the
combined applications for rezoning and amendments to draft approval now involve four
main areas of change:
i) the elimination of a 1.127 ha (2.78 acres) 39 unit townhouse block in 18T-87087
and introduction of a local road intersecting with Longworth Avenue (Street "Z")
opposite Laurelwood Street with a total of 24 units. Rezoning is required to
permit the application to proceed;
ii) elimination of 23 single detached dwellings fronting onto the High Street
extension in 18T-82037 and replacing them with fifteen 18 metre frontage semi-
detached/link lots (30 units) and allow for the intersection of Street "Z" with High
Street (Street "A" in 18T-82037). Rezoning is required to permit the application
to proceed.
iii) revise 53 single detached R2 zoned lots fronting on the Clayton Crescent
extension and the south side of Longworth Avenue extension east of High Street
in 18T-82037 to 56 single detached lots and a walkway connection between High
Street and Clayton Crescent.
iv) Revision of 24 street townhouses on Street "Y" to a future development block in
18T-87087.
3.5 The following table summarizes the units as draft approved in each respective plan of
subdivision, and the resulting unit count as proposed through the redline revisions.
617
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REPORT NO.: PD-061-00
PAGE 5
LOTS SUBJECT TO REDLINE REVISION
Units 18T-82037 18T-87087
Draft Proposed Draft Proposed
Approved Revisions Approved Revisions
10.0 m single - - - 3
12.0 m single 23 36 - 1
13.5 m single 32 5 - 4
15.0 m single 21 15 - -
9.0 m semi/link - 30 - 16
6.0 m on-street - - 39 15 and! or future
townhouse development block
block townhouse - - 39 -
Total: 76 86 78 39
4.
4.1
EXISTING AND SURROUNDING USES
Existing Uses:
the subject lands are currently vacant
4.2
Surrounding Uses: East
West
South
North
existing residential and Liberty Street
existing residential and Middle Road
existing residential
St. Elizabeth Catholic School, residential and vacant
lands
5. OFFICIAL PLAN POLICIES
5.1 Within the Durham Regional Official Plan the subject property is designated "Living
Area". The predominant use of land within this designation shall be for housing
purposes. The Transportation schedule of the Durham Plan, identifies Longworth
Avenue as a future Type "C" arterial road.
610
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REPORT NO.: PD-061-00
PAGE 6
5.2 Within the Clarington Official Plan the subject lands are designated Urban Residential
within the Bowmanville Urban Area, and are within proximity of two Local Central Area
symbols, one at Longworth Avenue and Liberty Street and the other at Middle Road and
Longworth Avenue. The lands are located within the Elgin (No.7) Neighbourhood. The
predominant use of land within the Urban Residential designation shall be for housing
purposes.
5.3 The Local Central Area designation at Liberty Street and Longworth Avenue includes 50
medium density units and 150 high density units in addition to the retail and office floor
space. The Local Central Area symbol at Longworth Avenue and Middle Road includes
150 medium density units in addition to the retail and office floor space. The
Transportation Schedule of the Clarington Official Plan, also identifies Longworth
A venue as a Type "C" arterial road generally discourage private access for residential
areas, except for apartment/townhouse blocks.
6. ZONING BY-LAW PROVISIONS
6.1 The lands subject to the combined rezoning and amendments to draft approval are zoned
"Holding - Urban Residential Type Two ((H)R2)" and "Holding - Urban Residential
Exception ((H)R4-9)". These zones would not permit the proposed semi-detached/link
lots.
7. AGENCY COMMENTS
7.1 The application was circulated to a limited number of agencies for comments.
7.2 ReF{ional Works Department
Regional staff confirmed that sanitary sewer and water supply facilities are available to
the subject lands. It is anticipated that the Region's requirements for the provision of
Regional services will be contained with the Region's subdivision agreement.
7.3 ReF{ional PlanninF{ Department
Regional staff confirmed that the subject properties are designated "Living Area" in the
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REPORT NO.: PD-061-00
PAGE 7
Durham Regional Official Plan. Lands within this designation shall be used
predominantly for housing purposes. The policies of the Plan would support the
proposed residential uses. This application has been screened in accordance with the
terms of the provincial plan review responsibilities. Potential road noise impacts may be
present on some of the proposed lots because of the proximity to Liberty Street, Middle
Road and Longworth Avenue.
7.4 Kawartha Pine Ridf<e District School Board
The School Board indicated that they have no objections to the application as filed.
7.5 Peterborough Victoria Northumberland and Clarington
Catholic District School Board
The Board acknowledged that as a new Elementary School has been built just north of the
subject lands on Longworth Avenue, the Board requests that adequate provision be made
for the installation of sidewalks along the streets within the plan to allow safe pedestrian
access to the school.
7.6 Public Works Department
The Public Works Department indicated that they have no objections to the application in
principle. They have indicated that they have reviewed an on-street parking plan for
Street "Z" and High Street based on the On-street Parking Policy and have determined
that the parking available on these streets is adequate. Consistent with the requirements
of the existing subdivision agreement, the Owner will be required to submit a Master
Grading Plan demonstrating that the subject lands can be graded in accordance with
municipal standards to the satisfaction of the Director of Public Works. In addition to the
above noted items, the applicant has been advised that the actual development of this
portion ofthe subject draft plans will necessitate the construction of Longworth Avenue
between the existing easterly limit and Liberty Street.
With respect to the development of the park block within Draft Plan of Subdivision 18T-
620
REPORT NO.: PD-061-00
PAGE 8
82037, the Owner has been advised consistent with the proVlSlOns of the existing
subdivision agreement that prior to the issuance of the first building permit within the
next phase, the Owner is to supply and install the park works in accordance with the
Municipality's specifications.
7.7 Both Clarington Hydro and Fire Department have advised they have no objections to the
proposal.
8. STAFF COMMENTS
8.1 As noted in paragraph 3.3, a number of the neighbouring landowners raised concerns
about this application. In response to the comments received, the applicant has made a
number of changes to the proposed plans:
i) the lot sizes on Clayton Crescent have been increased to plus/minus 15 metres
where they abut existing dwellings. This includes lots backing onto homes
fronting onto Aldercroft Crescent.
ii) a walkway has been included between Clayton Crescent and High Street.
iii) in response to the concerns raised by staff, the three proposed through lots (6
units) fronting on Longworth Avenue and Street "Z" have been eliminated and
replaced with lots having frontage on only one of the two streets. This would be in
keeping with the draft approved units on the north side of Longworth Avenue as
well as provide a more appropriate house siting fronting Longworth Avenue and
Street "Z". A Noise Impact Study in compliance with the Ministry of
Environment guidelines was submitted for the revised plan.
8.2 The lack of parkland was an issue that was raised by a number of the area residents.
There is a proposed park in each plan of subdivision. The easterly Plan of Subdivision
l8T-82037 was draft approved prior to the original development charges by-law.
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REPORT NO.: PD-061-00
PAGE 9
Accordingly, the Owner is required to supply and install a neighbourhood park prior to
the issuance of the first building permit within the next phase of development. This
requirement presently exists within the subdivision agreement as registered on title. It is
anticipated that the park development will commence when the site servicing for the
second phase starts.
With respect to the westerly plan of subdivision (l8T -87087), it was approved under the
development charges regime and accordingly, the Municipality is obligated to install the
park. It is currently scheduled for construction in 2002.
8.3 In addressing the provision of on-street parking, the applicant submitted an on-street
parking plan for staffs review. The Public Works Department advises that the plan
complies with the Municipality's on-street parking policy.
In addition to the approval of the on-street parking plan, staff consistent with
recommendations of Staff Report PD-117-99 "PARKING IN RESIDENTIAL AREAS"
have incorporated within the proposed zoning by-law amendments attached to this report
the recommendations of Staff Report PD-1l7-99 thereby requiring the provision of two
(2) outdoor parking spaces for all the lots within the limits of the area for which
amendment to draft approval has been requested. In addition, the conditions of draft
approval have been amended to incorporate parking provisions for the other lots not
subj ect to rezoning,
8.4 When the issue of on-street parking in residential areas was initially being examined by
Council, staff identified a number of draft approved plans of subdivision where on-street
parking adjacent to street townhouse blocks were of great concern. Short of requesting
the Region of Durham to withdraw the conditions of draft approval as issued, staff
proposed to approach the owner/developer of each plan to determine if revisions to the
draft plan or design features were possible to address the parking issues.
Draft Plan of Subdivision 18T-87087 was one of the plans that was identified. Located in'~
REPORT NO.: PD-061-00
PAGE 10
the south-west comer of the plan, south of Longworth Avenue are 39 townhouse units
which would have frontage onto Street "Y". Although the Owner has indicated that he
does not wish to develop these blocks at this time, he has agreed to amend the draft plan
by placing the four blocks west of Street "Y" into a future development block. Placing
the four blocks into a future development block will allow for the re-examination of these
lands when the Owner is prepared to proceed.
9. CONCLUSION
9.1 Based on the comments contained within this report, the revisions proposed to the draft
plans and the transition in lot sizes abutting the existing development staff are satisfied
that it is appropriate to approve the applications as filed. It is recommended that the
rezoning application and amendments to draft approval as described in the
recommendations of this report be approved.
Respectfully submitted,
Reviewed by,
D vi . Crome, M.C.I.P., R.P.P.
Director of Planning & Development
L T*df
.,AjFranklin Wu, M.C.I.P., R.P.P.
/0 v Chief Administrative Officer.
13 June 2000
Attachment #1 - Key Map
Attachment #2 - Draft Plan of Subdivision 18T-82037
Attachment #3 - Draft Plan of Subdivision 18T -87087
Attachment #4 - Conditions of Draft Approval 18T-82037
Attachment #5 - Conditions of Draft Approval 18T-87087
Attachment #6 - By-law Amendment
623
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REPORT NO.: PD-061-00
PAGE 11
Interested parties to be notified of Council and Committee's decision:
Halloway Holdings Limited
177 Nonquon Road, 20th Floor
OSHA W A, Ontario
LlG 3S2
Aileen Cameron
50 Clayton Crescent
BOWMANVILLE, Ontario
LlC 4N8
Ian Monaghan
2 Aldercroft Crescent
BOWMANVILLE, Ontario
LlC 4P2
Rosanne Turcotte
2 Hogan Crescent
BOWMANVILLE, Ontario
LlC 4X9
G.M. Semas & Associates
110 Scotia Court, Unit 41
WHITBY, Ontario
LlN 8Y7
Diane Graham
81 Clayton Crescent
BOWMANVILLE, Ontario
LlC 4N9
Steve and Tammy Chinn
14 Aldercro ft Crescent
BOWMANVILLE, Ontario
LlC 4P1
Marianna Developments Ltd.
Division of Veltri & Son Limited
68 King Street East
BOWMANVILLE, Ontario
LlC 3X2
Blair McEwan
4 Shoreview Crt.
BOWMANVILLE, Ontario
LlC 3V2
Jack Julicher
43 Clayton Crescent
BOWMANVILLE, Ontario
LlC 4P3
Adam McKenzie
106 Clayton Crescent
BOWMANVILLE, Ontario
LlC 4N9
Diane and Doug McKenzie
106 Clayton Crescent
BOWMANVILLE, Ontario
LlC 4N9
6L4
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ATTACHMENT 11
LANDS SUBJECT
TO REZONING
_ 18T -82037
_ 18T -87087
fiR;\'<V'ii'i<1 LANDS SUBJECT
!R,'RiiEl1!iii TO REVISIONS TO
DRAFT APPROVAL
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ATTACHMENT 13
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ATTACHMENT '4
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-82037, prepared by G.M.
Semas and Associates identified as Project No. 87006, revised and dated October 1999,
which illustrates 149 lots for single-family detached dwellings, 34 lots for semi-detached
dwellings, 2 high density residential blocks, 6 blocks for future development, 1
commercial block, 1 park block, 1 school block, various reserves, road widenings,
walkways and roads.
2. The Owner shall convey Block 196 (walkway) to the Municipality, free and clear of al
encumbrances with the registration of the plan.
3. The Owner acknowledges and agrees to provide two (2) outdoor parking spaces for each
single detached dwelling unit to be constructed. Where the two outdoor parking spaces
are provided side by side, the combined minimum width of the two spaces may be
reduced to 4.6 metres provided the minimum landscaped open space within the front yard
is thirty (30%).
4. The Owner acknowledges and agrees that any garage shall have a minimum width of 3.0
metres and a minimum area of 18.58 m',
5. The Owner acknowledges and agrees to establish a geodetic benchmark in the vicinity of
the intersection of Longworth Avenue and Liberty Street. The Owner will be responsible
for 100% of the cost of establishing this benchmark.
6. The Owner acknowledges and agrees that the builder will include a disclosure in all
purchase and sale agreements advising home buyers of municipal parking regulations.
bid
'.
ATTACHMENT IS
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-87087, prepared by G.M.
Semas and Associates, identified as Project No. 94010, dated February 1990, revised and
dated February 1996, revised and dated November 1999, showing 184 single detached
dwellings, 101 lots for 202 semi-detached dwellings, 14 blocks for 82 street townhouse
units, a park block, a school block two (2) walkway blocks, a future development block, a
commercial block, various blocks for reserve, road widening, part lot and sight triangle
purposes and the public road allowances.
2. The Owner acknowledges and agrees to provide two (2) outdoor parking spaces for each
single detached dwelling unit to be constructed, Where the two outdoor parking spaces
are provided side by side, the combined minimum width of the two spaces may be
reduced to 4.6 metres provided the minimum landscaped open space within the front yard
is thirty (30%) percent.
3. The Owner acknowledges and agrees that any garage shall have a minimum width 00.0
metres and a minimum area of 18.58 m'.
4. The Owner acknowledges and agrees to establish a geodetic benchmark in the vicinity of
the intersection of Middle Road and Longworth Avenue. The Owner will be responsible
for 100% ofthe cost of establishing this benchmark.
5. The Owner acknowledges and agrees that the builder will include a disclosure in all
purchase and sale agreements advising home buyers of municipal parking regulations.
62-9
,
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2000-
being a by-law to amend By.law 84-63, the Comprehensive Zoning By-law for the
Corporation of the former To\Vll of Newcastle
WHEREAS, the Council of the Corporation of the Municipality ofClarington deems it advisable
to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle in
accordance with application DEV 98-068, 18T -82037 and 18T -87087 to permit the development
of two residential plans of subdivision.
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
L Section n4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (R2)
ZONE" is herehy further amended hy adding thereto the following new Suhsection
13.4.29 as follows:
"13.4.29 URBAN RESIDENTIAL EXCEPTION (R2-29) ZONE
Notwithstanding Section 13.2, those lands zoned (R2-29) on the schedules to this By-law
shall be subject to the following regulations:
a)
Lot Area (minimum)
300 square metres
b) Lot Frontage (minimum)
i)
ii)
interior lot
exterior lot
12,0 metres
15.0 metres
c) Yard Requirements (minimum)
i)
front yard
6.0 metres to private garage
or carport
4.5 metres to dwelling
ii)
exterior side yard
4.5 metres
iii)
rear yard
5.0 metres
t
2.
Section 13.4 "SPECIAL EXCETIONS - URBAN RESIDENTIAL TYPE TWO (R2)
ZONE" is herehy further amended by adding thereto the following new Suhsection
13.4.30 as follows:
"13.4.30 URBAN RESIDENTIAL EXCEPTION (R2-30) ZONE
Notwithstanding Section 13.2 those lands zoned (R2-30) on the schedules to this By-law
shall be subject to the following regulations:
a)
Lot Area (minimum)
300 square metres
ATTACHMENT .6
~
- 2 -
b) Lot Frontage (minimum)
i)
interior lot
10.0 metres
ii)
exterior lot
13.0 metres
c) Yard Requirements (minimum)
i)
front yard
6.0 metres to private garage
or carport
4.5 metres to dwelling
ii)
exterior side yard
4.0 metres"
3. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from:
"Holding-Urban Residential Type Two ((H)R2) Zone" to "Holding-Urban Residential
Exception ((H)RI-45) Zone"
"Holding-Urban Residential Exception ((H)R4-9) Zone" to "Holding-Urban Residential
Exception ((H)Rl-45) Zone"
"Holding-Urban Residential Exception ((H)R4-9) Zone" to "Holding-Urban Residential
Exception ((H)R2-29) Zone"
"Holding-Urban Residential Exception ((H)R4-9) Zone" to Holding-Urban Residential
Exception ((H)R2-30) Zone"
"Holding-Urban Residential Type Two ((H)R2) Zone" to "Holding-Urban Residential
Exception ((H)R2-24) Zone".
4. Schedule "A" and "B" 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 ofthe Planning Act.
BY~LA W read a first time this day of
2000.
BY-LAW read a second time this dayef
2000.
BY-LAW read a third time and finally passed this day of
2000.
MAYOR
CLERK
,
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This is Schedule "A" to By-law 2000-
passed this day of , 2000 A.D.
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ZONING
ZONING
ZONING
ZONING
CHANGE
CHANGE
CHANGE
CHANGE
FROM "CH)RZ" TO "CH)R1-4S"
FROM "CH)R4-9" TO "CH)R1-4S"
FROM "CH)R4-9" TO "CH)RZ-Z9"
FROM "CH)R4-9" TO "CH)RZ-30"
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Clerk
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This is Schedule "B" to By-law 2000-
passed this day of , 2000 A.D.
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~ ZONING CHANGE FROM I(H}R2" TO "(H}R2-24"
Mayor
Clerk
LOT
12
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