HomeMy WebLinkAboutPD-099-00
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THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
REPORT
Meeting:
General Purpose and Administration Committee
File #-o;t/:f)i:'IF?J-O'f S/
Res. tCP/l-C/ 31-0 0
Date:
Monday, October 2,2000
Report #:
PD-099-00
File#: DEV92-048 & 18T-92022 (Revised) '1^ 1/4'
By-law # oLVCD-I (p (
S ubj ect:
REZONING AND DRAFT PLAN OF SUBDIVISION APPLICATIONS
APPLICANT: NEALE MCLEAN
PART LOT 10, CONCESSION 2, FORMER TOWN OF BOWMANVILLE
TILLEY ROAD EXTENSION
FILE NO.: DEV 92-048 & 18T-92022 (REVISED)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-099-00 be received;
2. THAT subject to Council declaring that portion of Elephant Hill Park identified as Area
C on Attachment 4 surplus and approving its exchange for the lands owned by Mr. Neale
McLean identified as Area D on Attachment 4 ofthis report, that:
a) the Region of Durham be advised that the Municipality of Clarington recommends
approval of the proposed Draft Plan of Subdivision 18T-92022 as amended and
submitted by D.G. Biddle & Associates on behalf of Neale McLean subject to the
conditions of draft plan approval as contained in Attachment 5 of this Report;
b) the rezoning application DEV 92-048 to amend the Zoning By-law 84-63, as
submitted by D.G. Biddle & Associates on behalf of Neale McLean, to permit the
proposed draft plan of subdivision be APPROVED as shown on Attachment 6 and
that the appropriate by-law be passed;
c) the Mayor and Clerk be authorized, by By-law, to execute a subdivision agreement
between the Owner and the Municipality of Clarington to the satisfaction of the
Director of Planning and Development and the Director of Public Works;
3. THAT a copy of this Report and Council's decision be forwarded to the Region of
Durham Planning Department; and,
4. THAT all interested parties listed in this report and any delegations be_ advised of
Council's decision.
657
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REPORT PD-099-00
PAGE 2
1. APPLICANT DETAILS
1.1 Applicant: Neale McLean
1.2
Agent:
D.G. Biddle & Associates Limited
1.3
Rezoning:
To rezone the subject lands from "Agricultural (A) Zone" to permit the
development of a draft plan of subdivision.
1.4 Draft Plan of Subdivision: To develop a draft plan of subdivision containing 16 single
detached lots and a park block.
1.5
Site Area:
1.34 hectares (3.3 acres)
2. LOCATION
Although the property fronts on Liberty Street North, the subject lands would form an
extension to Tilley Road, which is located south of the C.P. Rail line in Bowmanville
(See Attachment I). The applicant's land holdings total 1.34 hectares (3.3 ac). The
property is located in Part Lot 10, Concession 2, in the former Town of Bowmanville.
3. BACKGROUND
3.1 On September 21, 1999, D.G. Biddle & Associates, on behalf of Neale McLean,
submitted revised rezoning and draft plan of subdivision applications to the Municipality
of Clarington, the subdivision would consist of 16 single detached lots and a park block
(Block 17) (see Attachment 2). Block 17 abuts land that forms part of Elephant Hill
Park.
3.2 The application submitted in 1992 contained four 15 metre single family detached lots,
ten 12 metre single family detached lots, and three 18 metre semi-detached/link lots for a
total of 20 dwelling units. The applicant has not actively pursued the necessary approvals
until last year.
3.3 A Public Meeting was held on November 15, 1999 to solicit input from abutting
residents. An adjacent resident had some concerns relating to lot grading, relative grade
of houses to be constructed in the subject plan, and lot sizes. These concerns will be
discussed in Section 8.6 ofthis report.
658
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REPORT PD-099-00
PAGE 3
4. SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The lands retained by the applicant, which contains a century old dwelling unit and
coachhouse/garage, are located towards Liberty Street. The entire property slopes gently
towards Liberty Street. The lands subject to the subdivision application are vacant.
4.2 Surrounding Uses:
East: Urban residential
North: C.P. Rail line and Elephant Hill Park area
West: Applicant's residence
South: Urban residential
5. OFFICIAL PLAN POLICIES
5.1 Within the Clarington Official Plan, the property is designated "Urban Residential".
Both the proposed residential uses and the park block are permitted within this
designation. The proposal also conforms to the density range for low density residential
development. The proposal appears to conform to the official plan.
6. ZONING BY-LAW CONFORMITY
6.1 The lands subject to the application are currently zoned "Agricultural (A) Zone", which
only permits agricultural uses. In order to permit a residential subdivision, a rezoning
application was submitted for consideration.
7. AGENCY COMMENTS
7.1 The Clarington Fire Department has no objections to the proposal.
7.2 The Clarington Public Works Department has no objections provided that the following
requirements are fulfilled.
. The applicant is required to dedicate Block 17 as parkland to the Municipality. In
return, the Municipality will transfer a portion of land from Elephant Hill Park
abutting the north side of Lots 1 to 6 to the applicant. The applicant must also
transfer a triangular piece of land outside the draft plan of subdivision to the
Municipality for parkland purposes to facilitate the parking lot. The applicant must
fence these lands at his expense. The Municipality will bear the survey and legal
costs associated with this transfer.
659
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REPORT PD-099-00
PAGE 4
. The noise berm shall be designed to minimize berm slope onto the park and parking
lot lands. The design shall also incorporate aesthetic treatments to enhance the slope.
. Prior to the subject development proceeding, the temporary turning circle at the
western edge of Tilley Road must be removed. The road must be reconstructed to an
urban standard.
. The applicant must provide connecting sidewalk within the subdivision from the
existing sidewalk on Tilley Road.
. The lands are subject to a front ending agreement for external benefitting works in
favour of Schickedanz Brothers Ltd. The applicant must contribute an appropriate
share towards an existing stormwater management pond.
. The applicant's engineer must prepare a lot grading and drainage plan detailing the
configuration of the on-site storm system and the conveyance of overland flows.
7.3 The Durham Region Planning Department has no objections to the proposal. A report
must be submitted for approval to address noise impact from Liberty Street and the C.P.
Rail tracks.
7.4 The Durham Region Public Works Department has no objections as municipal sanitary
sewer and water supply facilities are available to the property.
7.5 Central Lake Ontario Conservation has no objections in principle to the proposal. Prior
to development proceeding on the property, the applicant must demonstrate conformity
with the Master Drainage Plan for the West Branch of the Soper Creek. The applicant
must also demonstrate how external drainage passing through the site can be
accommodated.
7.6 C.P. Rail offer no objections to the development provided that the following issues are
addressed.
. Appropriate noise attenuation measures must be implemented to fulfill Ministry of
Environment noise objectives for outdoor areas, provided that they are not located on
railway property. All dwelling units must be constructed to meet the Ministry of
Environment indoor noise levels.
. Appropriate clauses warning of railway noise, railway operations, and maintenance of
noise attenuation fences must be registered on title.
660
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REPORT PD-099-00
PAGE 5
. Proposed drainage pattems shall not adversely affect railway lands.
. The aplicant will enter into a development agreement with the railway addressing the
C.P. Rail's concerns.
7.7 The Kawartha Pine Ridge District School Board has no objections provided that
sidewalks are constructed within the subdivision.
7.8 Comments have not been forwarded from the Peterborough Victoria Northumberland and
Clarington Catholic District School Board.
8. COMMENTS
8.1 Some of the existing residents on Tilley Road objected to the proposed use of the park
block for parking associated with Elephant Hill Park. The existing park has two baseball
diamonds but only a 12 space parking lot. The park has road frontage on Tilley Road
with the parking lot having frontage on Maconnachie Place. Previously, overflow
parking was simply accommodated along Tilley Road, Maconnachie Place, and Apple
Blossom Boulevard. Due to residents' objections from the area, "No Parking" signs were
erected to limit and disperse on-street parking opportunities.
8.2 The issue has prompted the Public Works Department to seek a solution to the parking
problem. The Department approached the applicant to determine whether a portion of the
site could be leased for parking purposes on a temporary basis until the plan of
subdivision received approval.
8.3 The applicant had previously shown large lots in place of the proposed Block 17, for
which the Ministry of Environment noise abatement measures were difficult to achieve.
The alternative solution proposes the dedication of Block 17 to the Municipality for the
purposes of a parking lot. In return, the Municipality would permit the applicant to erect
the required noise attenuation berm around Lots 1 to 6 on the north side of the road (see
Attachment 3). The height of the berm would be located along the rear property line of
Lots 1 to 6 and the side property line of Lot 6. The Municipality would permit the
remainder of the berm to be erected on the park area. This solution is preferred by the
661
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REPORT PD-099-00
PAGE 6
Municipality because the parking area is not proximate to existing residents on Tilley
Road and utilizes lands where noise abatement measures are difficult to achieve.
8.4 The solution would be implemented in the following manner. Block 17 includes an
overdedication above the required 5% parkland dedication, which would be transferred to
the Municipality. In return, it is proposed that the Municipality would transfer a portion
of Elephant Hill Park along the north side of Lots 1 to 6 equivalent to the overdedication
to the applicant to accommodate the required noise berm. In addition, the Public Works
Department wishes to secure the early use of the lands prior to registration of the draft
plan for the use of the land as a parking area. The results of these discussions will be the
subject ofa staff report to Council on October 16,2000.
8.5 Attachment 4 shows the lands to be transferred between the Municipality and the
applicant. In order to facilitate this transfer, it is necessary for Council to declare surplus
that portion of Elephant Hill park identified as Area C. This is subject to public notice
requirements not less than seven days prior to the date of the meeting at which the
proposed sale of surplus land for cash or exchange and transfer is to be considered. The
Planning and Development Department commissioned a property appraisal to determine
the value of the lands being transferred. The appraisal revealed that the lands being
transferred between the parties were of equal value. A land exchange is therefore
considered fair and equitable to both parties.
8.6 An area resident adjacent to the proposal raised a number of concerns at the Public
Meeting.
. The resident owns a 15 m lot and insisted that only 15 m lots be permitted to the rear
of their property. The surrounding area is characterized by 15 m single detached
units and 9 m link units. Although the minimum lot frontage will be 12 m, many lots
will be wider and deeper than most lots in the area. Staff feel that the lotting mix
proposed is appropriate for the area.
. The land on the south side of Tilley Road naturally slopes towards Farncomb Drive.
Therefore, these lots will be graded to the south. Drainage from these lots will be
channeled through rear yard catchbasins into the storm sewer system. The Public
Works Department will ensure through its approvals that drainage will not affect
properties to the south.
662
REPORT PD-099-00
PAGE 7
. The resident had concems that homes on the south side of Tilley Road would be
much higher, due to the higher grade of the subject lands. Based on discussions with
the applicant's engineer, preliminary grading information indicates that these homes
may be approximately between 0.3 and 1.2 m higher, which equates to a half storey.
Staff do not feel that this will cause a privacy issue.
8.7 The applicant has submitted an on-street parking plan that was approved by the Public
Works Department. The plan indicates the required number of on-street parking spaces
available outside the cul-de-sac area.
9. CONCLUSIONS
9.1 Subject to Council's consideration of declaring a portion of Elephant Hill park as surplus
and approving its exchange for lands owned by the applicant, it is respectfully
recommended that this revised draft plan of subdivision and the conditions as contained
in Attachment 5 ofthis report be forwarded to the Region of Durham for APPROVAL. It
is further recommended that the by-law provided in Attachment 6 to permit the proposed
draft plan of subdivision be APPROVED.
Respectfully submitted,
Reviewed by,
O~~
ome, M.C.I.P., RP.P.
f Planning and Development
Franklin Wu, M.C.I.P., RP.P.
Chief Administrative Officer
September 25, 2000
RH*DJC*cc
Attachment I - Key Map
Attachment 2 - Draft Plan of Subdivision
Attachment 3 - Proposed Location of Noise Berm and Parking Area
Attachment 4 - Lands to be Transferred
Attachment 5 - Conditions of Draft Plan Approval
Attachment 6 - Zoning By-law Amendment
663
REPORT PD-099-00
PAGE 8
Interested parties to be notified of Council and Committee's decision:
Mr. Glenn Genge
D.G. Biddle & Associates
96 King Street East
Oshawa, Ontario
LI H IB6
Janice and Robert Ellis
75 Farncomb Crescent
Bowmanville, Ontario
LIC 4L8
Mr. Neale McLean
175 Liberty Street North
Bowmanville, Ontario
LI C 2M2
Alan Robins
89 Farncomb Crescent
Bowmanville, Ontario
LlC 4L9
Francine Milne
6 Tilley Road
Bowmanville, Ontario
LlC 4M3
Hung Ngo
93 Farncomb Crescent
Bowmanville, Ontario
LlC 4L9
Timothy and Nancy Allin
14 Tilley Road
Bowmanville, Ontario
LIC 4M3
664
ATTACHMENT 1
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ATTACHMENT 5
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN INDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-92022 prepared by D.G.
Biddle & Associates Ltd., dated July 1999, as revised, showing Lots 1 to 16 inclusive for
single detached dwellings and Block 17 for park purposes.
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.
5. 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.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
6. 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.
669
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT - Cont'd
7. 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.
8. That all easements, road widening, and reserves as required by the Municipality shall be
granted to the Municipality free and clear of all encumbrances.
9. That the Owner shall dedicate Block 17 for park purposes. The Owner shall also transfer
a triangular piece of land outside the limits ofthe plan of subdivision for park purposes as
shown on Attachment 4 to Report PD-099-00. The Municipality will bear all survey
and legal costs associated with this transfer.
10. That the Municipality of Clarington shall transfer a portion of the Elephant Hill Park to
the Owner in exchange for the parkland overdedication contained in Block 17 as shown
on Attachment 4 to Report PD-099-00. The Owner shall bear all survey and legal costs
associated with this transfer.
11. That the Owner's engineer minimize the length of the noise berm slope onto the park and
parking lot lands. The berm shall also have an aesthetic treatment satisfactory to the
Director of Public Works.
12. That the builder include a disclosure in all purchase and sale agreements advising home
buyers of municipal parking regulations.
13. That the Owner acknowledges and agrees to provide two (2) outdoor parking spaces for
each single detached dwelling unit to be constructed within draft plan of subdivision 18T-
92022. 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.
14. That any parking space within a garage shall have a minimum width of 3.0 metres and a
minimum area of 18.58 m2.
670
, REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT - Cont'd
15. That the Owner shall pay, to the Municipality, the development charge in accordance to
the Development Charge By-law as amended from time to time, as well as payment of a
portion of front end charges pursuant to the Development Charge Act if any are required
to be paid by the owner. The Owner shall pay Schickedanz Brothers Limited for front
ending costs relating to the construction of a stormwater management pond and related
external works, which benefit the Owner.
16. That the Owner acknowledges that this draft plan falls within a benefiting area of
oversizing works installed by Schickedanz Brothers Ltd. The applicant will be required
to contribute an appropriate share for the costs of oversized storm sewers and stormwater
management facilities, based on a Front Ending Agreement registered against the
Owner's property that details oversized works, benefiting areas, proportionate
contribution share, and cost indexing provisions.
17. That the Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria.
18. That the Owner agrees to provide for the removal of the temporary turning circle at the
existing limit of Tilley Road in a manner satisfactory to the Director of Public Works.
The Owner must reconstruct the road to an urban standard, including asphalt paving, curb
and gutter, boulevard sod, sidewalks, street lighting, and street trees.
19. That the Owner agrees to develop the plan of subdivision as one phase.
20. That the Owner shall cause all utilities, including hydro, telephone, Cable TV, etc. to be
buried underground.
21. 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.
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REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT - Cont'd
22. That the Owner shall adhere to architectural control requirements of the Municipality.
23. That prior to the issuance of building permits, and Development, the Owner shall,
through its engineer, to provide certification to the Director of Planning and
Development, certifying that the Builder's plans are in accordance with the Noise Control
Report as approved by the Region of Durham and the Municipality of Clarington.
24. 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.
25. That the Owner agrees that where the well or private water supply of any person is
interfaced 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.
26. That the Owner shall fulfill all requirements of the Durham Region Planning Department,
Durham region Public Works Department, Central Lake Ontario Conservation, Veridian
Corporation, Bell Canada, Canada Post Corporation, financial and otherwise.
27. That the Owner agrees to provide the Municipality with a copy of the draft approved and
final approved plan of subdivision on disk in a CAD format in accordance with the
Municipality's criteria.
672
THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
BY-LAW NUMBER 2000-_
ATTACHMENT 6
being a By-law to amend By-law 84-63, the Comprehensive By-law
for the Corporation of the Municipality of Clarington.
WHEREAS the Council of the Corporation of the Municipality ofClarington deems it advisable to
amend By-law 84-63, as amended, of the Corporation oithe former Town of Newcastle in
accordance with applications 18T -92022 and DEV 92-048 to permit the development of a draft plan
of subdivision containing 16 single detached units and a park block.
"NOW THEREFORE BE IT RESOLVED mAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. Schedule "3" to By-law 84-63. as amended, is hereby further amended by changing the
zone designations from:
"Agricultural (A) Zone" to "Urban Residential Type Two (R2) Zone"
"Urban Residential Type One (RI) Zone" to "Urban Residential Type Two (R2) Zone"
as shown on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of this By-law.
3. 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, R.S.O. 1990.
BY-LAW read a first time this day of
2000.
BY-LAW read a second time this day of
2000.
BY-LAW read a third time and finally passed this day of
2000.
MAYOR
CLERK
673
~
This is Schedule "A" to By-law 2000- ,
passed this day of ,2000 A.D.
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PLAN
~ ZONING CHANGE FROM "R1" TO "R2"
~ ZONING CHANGE FROM "A" TO "R2"
Mayor
CIeri<
LOT 11
LOT 10
BOWMANVILLE
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674