HomeMy WebLinkAboutPSD-046-20Clarington
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: October 26, 2020 Report Number: PSD-046-20
Submitted By:
Reviewed By:
File Number:
Report Subject:
Faye Langmaid, Acting Director of Planning and Development Services
Andrew C. Allison, CAO
S-C-2017-0011, ZBA2017-0033
Resolution#: PD-171-20
By-law Number: 2020-073
Draft Plan of Subdivision and rezoning for 29 townhouse dwellings in
a Common Elements Condominium, Newcastle
Recommendations:
1. That Report PSD-046-20 be received;
2. That the application for a Draft Plan of Subdivision submitted by Tomba Enterprises
Limited to permit 29 townhouse dwellings, be supported subject to the conditions
contained in Attachment 1 to Report PSD-046-20;
3. That the application to amend Zoning By-law 84-63 be approved and that the Zoning
By-law Amendment in Attachment 2 to Report PSD-046-20 be passed;
4. That once all conditions contained in the Official Plan with respect to the removal of
the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H)
Holding Symbol be approved;
5. That no further Public Meeting be required for the future Common Elements
Condominium:
6. That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of report PSD-
046-20 and Council's decision;
7. That all interested parties listed in Report PSD-046-20 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PSD-046-20
Report Overview
Page 2
This report recommends approval of a proposed Draft Plan of Subdivision and Zoning By-
law Amendment submitted by Tomba Enterprises Limited. The applications would permit 29
townhouse units in a Common Elements Condominium. The units will be accessed by a
private lane from North Street. The development will have a private amenity area, an
acoustic berm and fence along the railroad right-of-way to the north and parking in the
common elements.
1. Application Details
1.1 Owner/Applicant: Tomba Enterprises Ltd.
1.2 Agent: Bicorp Design Group Ltd.
1.3 Proposal: Proposed Draft Plan of Subdivision
A proposed draft plan of subdivision to create one block to facilitate a
future common elements Plan of Condominium with 29 townhouse
dwellings, private lane, amenity space, visitor parking, acoustical noise
berm and fencing and water meter building.
Proposed Rezoning
From "Urban Residential Exception (R1-1)" to a "Holding - Urban
Residential Exception (R3-61) Zone" to permit the 29 townhouse
dwellings and supporting facilities.
1.4 Area: 0.939 hectares (2.32 acres)
1.5 Location: 355 North Street, Newcastle, southeast of North
Street underpass at the CPR Railroad crossing.
1.6 Roll Number: 18-17-030-130-18900
1.7 Within Built Boundary: Yes
Municipality of Clarington Page 3
Report PSD-046-20
Figure 1: Proposed North Street Townhouses
2. Background
2.1 On October 4, 2017, Tomba Enterprises Ltd. submitted applications for a draft plan of
subdivision, rezoning, and site plan to permit the development of 29 townhouses. The
applicant proposes to submit an application for a Common Elements Plan of Condominium
in the future. The common elements include a private lane, acoustic berm and fence
adjacent to the CP Railway, a retaining wall on the south property line, an amenity area and
visitor parking.
Municipality of Clarington
Report PSD-046-20
Page 4
2.2 A statutory Public Meeting was held on January 8, 2018. Comments received from the public
were related to traffic, stormwater management, loss of privacy, parking, and character of
the area. Resident concerns are discussed further in Section 8 of this report.
2.3 Since the public meeting, and in response to concerns from staff, the applicant has revised
the submission and technical studies to address several issues. The list of studies
submitted includes:
• Phase One Environmental Site Assessment
• Planning Justification Report & Urban Design Brief
• Archaeological Assessment
• Traffic Impact Study
• Stormwater Management Report
• Noise and Vibration Impact Study
2.4 The studies are reviewed in Section 7 of this report.
3. Land Characteristics and Surrounding Uses
3.1 The lands are generally flat with some gentle undulation. The south property boundary has
a discontinuous row of evergreen trees. Some deciduous trees are in the southeast and
northeast corners of the property. The property is currently vacant.
3.2 The surrounding uses are as follows:
North - Canadian Pacific (CP) Railway and vacant lands which are part of a draft
approved plan of subdivision (S-C 2005-0003) on the north side of the rail corridor.
South - single detached dwellings fronting on Monroe Street West.
East - single detached dwellings fronting on Mill Street North.
West - North Street, and beyond, single detached dwellings on Remi Court.
Municipality of Clarington
Report PSD-046-20
.4
f
�.xl+'S4:f. M'�54�• � 4} _ ��{Ik r tick i 5 `k.
P : 1
f
a
Figure 2: Looking East from North Street
4. Provincial Policy
Provincial Policy Statement
Page 5
4.1 The Provincial Policy Statement identifies settlement areas, such as the Newcastle Urban
Area, as the focus of growth. Planning authorities are encouraged to create healthy, livable
and safe communities by accommodating an appropriate range and mix of residential,
employment, recreation, and open space uses.
4.2 Land use patterns shall be based on densities and a mix of land uses that efficiently use
land, resources and infrastructure. Municipalities are to provide opportunities for
intensification, promote renewable energy, conservation and reduced greenhouse gas
emissions.
4.3 The subject applications are consistent with the Provincial Policy Statement.
Municipality of Clarington
Report PSD-046-20
Provincial Growth Plan
Page 6
4.4 The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas. Municipalities are encouraged to create complete
communities that offer a mix of land uses, employment and housing options, high quality
open space, and access to stores and services.
4.5 The subject lands are within the defined Built Boundary and within the Urban Boundary of
Newcastle. Growth is to be accommodated by directing a significant portion of new growth
to the built-up areas through intensification and efficient use of existing services and
infrastructure. A minimum of 40 percent of all residential development occurring annually
within each upper tier municipality will be within the built-up area and 50 per cent after the
next Official Plan review.
4.6 The subject applications conform to the Growth Plan.
5. Official Plans
Durham Regional Official Plan
5.1 The Durham Region Official Plan designates the subject lands "Living Areas" within the
Urban System. Living areas shall be used predominately for housing purposes and
accommodate a full range of housing options at higher densities by intensifying and
redeveloping existing areas, particularly along arterial roads. The development will
contribute to the Region's and Municipality's intensification targets and is within proximity
of a transit route.
5.2 The proposal conforms to the Region of Durham Official Plan.
Clarington Official Plan
5.3 The Clarington Official Plan designates the subject lands as "Urban Residential" and is
located within the urban boundary of Newcastle.
5.4 Consistent with higher levels of government planning documents, the Clarington Official
Plan supports opportunities for intensification within the existing built-up areas, while
having regard for established residential neighbourhoods. The proposal for 29 townhouse
units would contribute towards the Municipality's Residential Intensification Target and
utilize existing public services and infrastructure. Intensification within the Built-up Areas is
encouraged and is to be given priority.
5.5 Table 4-3 of the Official Plan provides the Urban Structure Typologies for specific areas of
the Municipality. These identified areas are where growth and higher intensity -built forms
are to be directed. The site is located at the edge of a neighbourhood and is adjacent to a
Type B Arterial Road, North Street, which permits townhouses up to three storeys in
height.
Municipality of Clarington Page 7
Report PSD-046-20
5.6 The subject land shall meet a minimum net density of 19 units per hectare. The proposal is
for approximately 31 units per hectare. The built form shall be between 1 to 3 storeys and
primarily used for ground related units including limited apartments, townhouses, semi-
detached, or detached dwellings.
5.7 Any intensification or infill development in established neighbourhoods, such as the one
being proposed, must be designed to respect and integrate with the physical character of
the surrounding context.
5.8 New residential development is encouraged to create accessible, walkable
neighbourhoods that prioritize pedestrians over cars and provide for a variety of uses.
5.9 The Official Plan policies require noise/vibration conflicts between railway infrastructure
and adjacent uses be minimized.
5.10 The proposal conforms to the Clarington Official Plan.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands: "Urban Residential Exception (R1-1)" which
permits single detached dwellings. The proposed Zoning By-law Amendment (Attachment
2) will allow for the development of 29 townhouse units in a common elements
condominium. A holding (H) symbol is placed on the zoning until the Draft Plan of
Subdivision is registered and the Site Plan Agreement is finalized.
6.2 The Zoning By-law identifies minimum rear yard setbacks for Blocks 2 to 4 that are less
than 7.5 metres. The setback for the buildings to the south property line is a minimum 7.5
metres or greater; however, the retaining wall and fence are common elements. This
requires each rear lot line for the individual units to be located north of the retaining wall
and fence which is less than 7.5 metres from the dwelling. The setback from the buildings
to the properties to the south will maintain a minimum of 7.5 metres.
7. Summary of Background Reports
7.1 The applicant has submitted several studies in support of the development application
which have been circulated to various agencies and departments for review and comment.
Staff have worked with the applicant to ensure that supporting documents appropriately
address all applicable provincial, regional and local policy, guidelines, and standards. The
submission materials can be found on the Municipality's website under current
development proposals.
7.2 The applicant has submitted the following supporting documents:
• Planning Justification and Urban Design Brief
• Traffic Impact Study
• Functional Servicing Report
• Stormwater Management Report
• Noise and Vibration Study
Municipality of Clarington Page 8
Report PSD-046-20
• Archaeological Assessment Stage 1 & 2 Report
• Environmental Site Assessment — Phase 1
Planning Justification Report & Urban Design Brief, December 2018
7.3 A Planning Justification and Urban Design Brief was submitted by Batory Management.
The report identifies the subject lands as an opportunity for infill development consistent
with Provincial, Regional, and Local policies. The report states that the permitted uses for
only single detached dwellings in the current Zoning By-law is not consistent with current
policy direction, which is to maximize efficient use of land within the already built up areas
of the Municipality and to utilize existing or available public infrastructure. An amendment
to the zoning by-law is appropriate in order to align with the policy direction and vision for
the community.
7.4 The urban design of the proposed townhouse blocks incorporates a mix of materials and
colours. The report states that the massing and density is consistent with the land use
designation in the Official Plan. The topography of the site is advantageous as it does not
have negative impacts of overlook or massing. The three storey townhouses would be an
appropriate transition to the low density character of the surrounding lands. The proposal
enhances the public realm by providing pedestrian linkages and edge planting along North
Street.
loll
k'N
—
� a�■>t■�
_ - - — ■lord
■■��^ r■rrfr
��u
dM�rK■
is
r+lr'ry
`i$iri
��ai
iifi �■r■■1
illi P4■r■1
o-iiE9
H"N
p
fi
Ir 1e1 r=:
'Irrib
11.
1 1
Figure 3: Proposed townhouse block perspective
Municipality of Clarington
Report PSD-046-20
Traffic Impact Study, October 2017
Page 9
7.5 A Traffic Impact Study was prepared by Tranplan Associates to analyse the anticipated
impacts of future background and site -generated traffic for the proposed development. The
units will be serviced with an internal private lane which eliminates direct vehicle access
from individual private entrances and concentrates vehicle access to one point of access
onto the public road (North Street). The report determines that the site entrance driveway
onto North Street will operate at very good levels of service, with minimal volume -to -
capacity ratios and have very little queuing. A safety concern was raised by residents and
the Region of Durham with regards to the available site distance from the south due to the
horizontal curvature on the approach to the proposed site entrance. The analysis
determined that there is enough sight distance to meet the minimum stopping distance,
however there is not enough time to meet the decision sight distance for the design speed
of 50km/h. The study recommends warning signs, indicating the driveway, be placed on
the east side of North Street in advance of the site entrance private lane, prior to the
horizontal curve (Figure 4).
Figure 4: Site distances from the future private lane entrance
Municipality of Clarington
Report PSD-046-20
Page 10
7.6 The sidewalk on North Street is currently on the west side and south of Grady Drive. When
North Street is urbanized, it is likely that the sidewalk connection will continue on the west
side. The report recommends that a pedestrian sidewalk be provided on both sides so that
the pedestrians do not have to make mid -block crossings on North Street to access the
sidewalk.
Functional Servicing Report, last revision February 2019
7.7 A Functional Servicing Report was prepared by J and B Engineering Inc. The report
provides details of how the site will be serviced. There were many discussions with
agencies and departments on how the site will be serviced, especially since the subdivision
to the north of this site will require a sanitary and sewer line larger than the one needed to
service this site. The Region of Durham had suggested to the owner to wait for the lines to
be installed in order to eliminate throw away cost for this development. The owner has
decided to proceed to meet other timelines. Therefore, the report proposes the following:
An existing 150 mm watermain along North Street will service the site. The proposal
indicates that a new 150 mm water service line and fire line will feed off the existing
water line and connect to a metre room and back flow preventer located on the
property.
There are no existing sanitary services along the frontage of the property. The
development will connect to the existing 200 mm sanitary line located northwest of the
Monroe/North Street intersection.
7.8 The applicant has been addressing issues which has taken longer than expected.
Therefore, the need for the temporary servicing may not be necessary, as the servicing for
the subdivision to the north, North Village, is likely to commence next year.
Stormwater Management Report, last revision February 2019
7.9 A Stormwater Management Report was prepared by J and B Engineering Inc. The report
provides details of how the stormwater will be managed on site. There were many
discussions with agencies and departments on an appropriate design of the drainage
system in order to manage stormwater to control to the pre -development rates. The report
proposes the following to deal with the stormwater:
The proposal will use a combination of drainage swales, underground storm chambers,
perforated storm piping, and a storm sewer within the proposed private lane to manage
the stormwater post development.
The stormwater will discharge to the existing ditch at a controlled release rate.
The proposed development will use normal water quality controls, such as using storm
chambers where the water will be infiltrated through the soil before releasing to the road
ditch.
Municipality of Clarington
Report PSD-046-20
Noise and Vibration Impact Study, September 2017
Page 11
7.10 A Noise and Vibration Report was prepared by J.E. Coulter Associates Ltd. to determine
the noise and vibration impacts from the CP Railway adjacent to this site, as well as from
traffic on North Street. The purpose is to determine whether it is necessary to incorporate
noise and vibration control measures into the development. Based on the results of the
study, it is recommended that a 6 metre acoustic barrier, comprising of a 3 metre earth
berm and 3 metre acoustic fence be installed along the north side of the subject lands and
wraps around to the west. At the west end of the barrier, the height will diminish to 3
metres along North Street.
7.11 The 3 metre earth berm allows the proposed dwellings to be closer than 30 metres to the
tracks and will provide an extra safety measure. The berm itself does not provide any noise
attenuation benefit because the tracks are elevated 5-6 metres above the site. The report
also requires that all units proposed for this development must include a central air
conditioning unit, prior to occupancy. In addition, warning clauses are to be included in the
Purchase and Sale Agreements for all units within this proposal.
7.12 Fagade improvements are also required to mitigate the noise and vibration levels, including
window upgrades and brick veneering for all units. Walls facing away from the tracks
(south facades) do no require brick veneering treatment. Furthermore, the vibration results
indicate that the vibration levels are 3.5 times above the level of perception. Vibration
control measures, such as rubber anti -vibration pads, or possibly foundation wall lining is
required for the closest townhouse blocks, however the extent of the rail vibration will need
to be determined by additional site testing to determine if it is needed for the other blocks.
The detailed process will require further input from the proponent's architect and structural
engineer.
Archaeological Assessment Stage 1 & 2 Report, June 2017
7.13 Stage 1 & 2 Archaeological Assessment of the site was completed by ASI, and a clearance
letter was received from the Ministry of Tourism and Culture and Sport on April 27, 2018,
indicating that no further archaeological assessment of the site was warranted because the
field investigation did not identify any archeological resources on the property.
Environmental Site Assessment, March 2018
7.14 A Phase 1 Environmental Site Assessment was prepared by Canada Engineering Services
Inc. to determine any potential site contamination. The report concluded that there was no
evidence to indicate site contamination, historically, or from surrounding land uses,
therefore a Phase 2 was not required for this site.
8. Public Submissions
8.1 A statutory public meeting was held on January 8, 2018. The concerns raised during the
meeting and in correspondence received by staff include the following:
• Concerns with the increased stormwater runoff from the proposed development. The
area is already wet during the spring months, and the development may further
Municipality of Clarington
Report PSD-046-20
Page 12
aggravate the existing issue and divert water from the subject lands onto neighbouring
properties.
• Proposal does not fit the existing neighbourhood in terms of proposed density, height
(three storeys), unit type (townhouses), and the fact that there is a proposed
subdivision already to the north of the site that can accommodate the majority of
homes. There is no need to add more density to this location.
• Removal of mature trees to accommodate the development proposal.
• The increase in units would further aggravate the existing traffic issues on North Street.
Concerns with the increased traffic from the proposed development and the safety of
the private lane way access onto North Street.
• Negative impacts to quality of life and home values.
• Worried about privacy and impacts on adjacent properties, especially due to the height
of the three storey building.
• Lighting trespass from proposed development onto adjacent backyards.
• Concerns with the aesthetics of the privacy fence that will be installed for the existing
homes backing onto development.
• Concerns that the proposal does not provide enough parking on the site to
accommodate residents and visitors.
• Opinions that the development should have two access points in the case of
emergency if the private lane entrance is blocked.
• Concerns with development proceeding in advance of the proposed subdivision to the
north. The landowners to the north do not want the construction of the necessary
infrastructure on North Street to occur on two different occasions.
8.2 Further discussions regarding the concerns from residents are contained in Section 11 of
this report.
9. Agency Comments
Canadian Pacific Rail
9.1 Canadian Pacific Rail is generally not in favour of residential development adjacent to their
right-of-way's as they do not view the land uses as compatible. As development adjacent
to rail right-of-way's is not always avoidable the rail company has created a set of
guidelines for development adjacent to rail right-of-ways. The rail company has
acknowledged that the setback to the right-of-way has been reduced to 25 metres with an
increase in berm height which meets their requirements. The Noise & Vibration Feasibility
report prepared by J.E. Coulter Associates Limited dated September 29, 2017 has been
reviewed by the rail company and they agree with the recommendations and warning
clauses to be included on title for the development.
9.2 Canadian Pacific Rail has no objections to proposed development.
Municipality of Clarington
Report PSD-046-20
Durham Region
Page 13
9.3 Durham Region Planning, and Works and Transportation Departments have no objections
to the proposal. The Region has identified that the proposed applications are consistent
with Provincial Policy and Regional Planning Policy. The Region's conditions have been
included in the Conditions of Draft Plan Approval (Attachment 1).
9.4 Durham Region Works has confirmed that the lands can be serviced. However, the North
Village development north of the rail corridor will be constructing external works on North
Street including a new sanitary trunk sewer and new larger watermain. It is anticipated that
those works will commence in advance of servicing the subject lands and the subject lands
will no longer need to construct the local sanitary sewer as the site will be stubbed with the
necessary connections as part of the North Village external works.
Ganaraska Region Conservation Authority
9.5 Ganaraska Region Conservation Authority have no objections to the applications subject to
the conditions identified in the draft conditions.
Other Agencies
9.6 Enbridge, Rogers, Elexicon, the School Boards and Canada Post has no objections to the
applications subject to conditions identified in the draft conditions.
10. Departmental Comments
Public Works Department
10.1 The Public Works Department has no objections to the approval of the proposed
development. The applicant will be responsible for installing the sidewalk on North Street
from Monroe Street to the north side of the railway crossing. The stormwater management
report and grading plan have been reviewed and staff are satisfied that the plan will work
for the proposed development and not negatively impact the adjacent properties.
Fire and Emergency Services Department
10.2 The Fire and Emergency Services Department had no objections to the approval of the
application. Comments were provided regarding no parking signage for the private
laneway and fire hydrants on site. These comments will be implemented through the Site
Plan Approval process.
Building Division
10.3 The Building Division has no objection to the approval of the application.
Municipality of Clarington
Report PSD-046-20
11. Discussion
Page 14
11.1 The proposal is to develop a vacant 0.939 ha parcel of land. Its location abutting the
Canadian Pacific Railway right-of-way requires noise attenuation as well as a berm for
additional safety measures. The site has limited frontage on North Street, approximately
93 metres, and the site narrows moving from east to west. These factors increase the
difficulty of developing the subject lands for a number of reasons and limit the opportunities
and options like introducing new public roads.
11.2 The proposed development introduces a different form of housing, townhouses, from what
is currently present in the surrounding neighbourhood. While townhouses are a different
building form, the Official Plan encourages a range of ground related housing forms,
provided they do not negatively impact existing neighbourhoods. The development will
front the private lane with rear yards backing onto the existing single detached dwellings to
the south and the rail right-of-way to the north. The proposed rear yard setbacks of the
rear yard are between 7.5 metres and 10 metres. These setbacks are consistent with the
typical minimum rear yard setbacks required for low density development including single
detached and townhouse dwellings. The Official Plan encourages neighbourhoods to
include many forms of housing choices to provide options to meet all resident's needs,
including current and future.
11.3 Blocks 2, 3 and 4, the most southerly blocks, have been designed to maximize the setback
from the existing properties to the south. The minimum setback provided to the south
property line is 7.5 metres, which is a typical minimum rear yard setback in the Zoning By-
law. Ten of the twenty-one units have increased rear yard setbacks between 8.5 metres to
just under 11 metres. The blocks have also been designed with the tallest portions of the
buildings fronting onto the private lane in order to limit the height of the buildings adjacent
to the existing properties to the south.
Municipality of Clarington
Report PSD-046-20
BLOCK 4: RIGHT ELEVATION
BUCK 4: LEFT ELEVATION
Page 15
Figure 5: Side elevation of proposed Block 4. Blocks 2 and 3 have a similar profile.
11.4 The subject lands faced several challenges in order to service the site. The site has the
railway to the north, with the required berm, existing external drainage from the east and
the existing properties to the south. In order to service the lands, the grade must be
altered and raised slightly, requiring a retaining wall at the south of the subject lands. The
retaining wall is under 0.5 metres with the exception of one section behind Block 4 on the
eastern side of the site where it reaches a maximum height of 0.65 metres. The site
design includes stormwater swales on both sides of the retaining wall to ensure that
stormwater is addressed for the subject site and any stormwater coming onto the site from
the properties to the east. The retaining wall, fencing and swales on either side will form
part of the common elements.
Municipality of Clarington
Report PSD-046-20
Page 16
11.5 The site will be regraded to provide new stormwater sewers, swales, and infrastructure that
will direct stormwater on the site to underground tanks and eventually release into the
stormwater infrastructure on North Street at controlled rates.
11.6 Concerns have been raised over the amount of parking being provided on site. The
Zoning By-law requires that each townhouse dwelling provide 2 parking spaces, one of
which can be in a private garage. In addition, 0.25 visitor parking spaces must be provided
per unit. The proposed development has provided 2 parking spaces for the townhouse
dwelling units and eight visitor parking spaces, meeting the requirements of the Zoning By-
law.
11.7 The existing trees on the site will be removed in order to facilitate the development
proposal. Majority of the existing trees are located in the south-east corner of the site
where Block 4 is located. As part of the site plan approval a landscaping plan is required,
and new trees have been proposed throughout the site including in the rear yard of the
units in Block 2 to 4.
11.8 The site will include a 3 metre earth berm and 3 metre acoustic fence is be installed on the
berm along the north side of the subject lands. The berm wraps around to the west,
decreasing in height at the west side of the property. The proposed berm and fencing are
required to mitigate noise and provide an increase level of safety from the CP Rail right-of-
way. The berm and fencing are supported by the noise and vibration study submitted by
the applicants and has been reviewed by CP staff. The combination of berm and fencing
will diminish the appearance of the fence height which would be much taller without the
berm. The berm and the fencing will be included in the common elements of the future
condominium and warning clauses have been included in the conditions of approval.
11.9 The applicants submitted a Traffic Impact Study that identified that the proposed
development will not have a negative impact on the service levels of traffic on North Street.
Due to the curvature of the North Street, the report identified that warning signs are
required alert drivers to the entrance.
11.10 At the public meeting members of the public inquired about the timing of the extension of
Grady Drive, from it's current terminus over Foster Creek. The Environmental Assessment
has concluded, and road design is being finalized. These works are currently in the budget
for 2024.
11.11 The land developer to the north identified concerns with the timing of the servicing of the
subject lands and the extension of services to service North Village, north of the rail
corridor. It appears that the installation of services to North Village will occur in the near
future and that the subject site will be provided services from that extension instead of
requiring temporary service connections. The Region of Durham is coordinating the
service extension with the owners of North Village. If there were delays in servicing those
lands, a temporary connection for subject lands could be revisited but that does not appear
to be an issue at this time.
Municipality of Clarington Page 17
Report PSD-046-20
11.12 The applicant has also submitted an application for Site Plan approval. The site plan
drawings identify the detail -oriented items like fencing, lighting, amenity space, etc. The
applicants are proposing a 1.8 metre board privacy fence along the south property line, on
the high side of the retaining wall. This will provide additional privacy for the residents on
the south side and ensure uniform fencing. Full cut off lighting is proposed on the private
lane and where in close proximity to adjacent properties to ensure there is no light
trespass.
11.13 As identified in Section 6 of this report the zoning would be approved with a holding
symbol. The site plan cannot be finalized and registered until the subdivision has been
registered. The applicants will also require a Plan of Condominium in the future to create
the common elements. Once those details have been addressed a by-law would be
brought forward to remove the holding on the zoning.
12. Conclusion
12.1 It is respectfully recommended that in consideration of all agency, staff and resident
comments that the applications for Draft Plan of Subdivision and to amend Zoning By-law
84-63 to permit a 29 unit townhouse condominium development with a private lane at 355
North Street in Newcastle be approved as contained in Attachment 1 and 2 of this report.
Staff Contact: Brandon Weiler, Planner, 905-623-3379 extension 2424 or bweiler@clarington.net.
Attachments:
Attachment 1 — Conditions of Draft Approval
Attachment 2 — Zoning By Law Amendment
Interested Parties:
The following interested parties will be notified of Council's decision:
Duro Bicanic
Attachment 1 to Report PSD-046-20
Conditions of Draft Approval
File Number: S-C-2017-0011
Issued for Concurrence: October 08, 2020
Notice of Decision:
Draft Approved:
Faye Langmaid, FCSLA, RPP
Acting Director of Planning and Development Services
Municipality of Clarington
Part 1 — Plan Identification
The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-2017-0011 prepared by Land Survey Group identified as job
number LSG-3890C dated October 24, 2017, which illustrates a total of 29
common element condominium townhouse units, amenity area, water meter
building, berm and acoustical fencing and a private lane.
Part 2 — General
2.1 The Owner shall enter into a subdivision agreement with the Corporation of the
Municipality of Clarington (the "Municipality") that contains all of the terms and
conditions of the Municipality's standard subdivision agreement respecting the
provision and installation of roads, services, drainage, other local services and all
internal and external works and services related to this plan of subdivision. A copy
of the Municipality's standard subdivision agreement can be found at
https://www.clarington.net/en/do-business/resources/application-forms/subdivision-
agreement.pdf
2.2 The Owner shall name all private lanes included in the draft plan to the satisfaction
of the Municipality and the Regional Municipality of Durham (the "Region").
2.3 All works and services must be designed and constructed in accordance with the
Municipality's Design Guidelines and Standard Drawings.
Architectural Control
2.4 (1) No building permit shall be issued for the construction of any building on any
residential lot or block on the draft plan and the exterior architectural design
of each model and building and the location of the building has been
approved by the Director of Planning and Development Services.
Page 11
Marketing and Sales
2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and
surrounding land uses. The Land Use Plan shall be in a format approved by
the Director of Planning and Development Services.
(2) The Owner shall erect and maintain a sign on the development site and/or in
the sales office which shows the Land Use Plan as approved by the Director
of Planning and Development Services.
(3) The Owner shall submit its standard Agreement of Purchase and Sale to the
Director of Planning and Development Services which includes all warning
clauses/ notices prior to any residential units being offered for sale to the
public.
Site Alteration
2.6 Draft plan approval does not give the Owner permission to place or dump fill or
remove fill from or alter the grade of any portion of the lands within the draft plan.
The Owner shall be required to obtain a permit from the Municipality under Site
Alteration By-law 2008-114, as amended, for any such work. If any portion of the
lands are within an area regulated by a conservation authority, the Owner shall
obtain a permit from the conservation authority in addition to obtaining approval
from the Director of Engineering Services regarding the intended haulage routes,
the time and duration of the site alteration work and security relating to mud clean
up, road damage and dust control in accordance with the Dust Management Plan
in Section 4.7. After registration of a subdivision agreement, the provisions of the
Municipality's standard subdivision agreement shall apply to any proposed site
alteration on the lands covered by the subdivision agreement.
Part 3 — Plans and Reports Required Prior to Subdivision Agreement/Final Plan
Registration
3.1 The Owner shall submit the following plans and report or revisions thereof:
Phasing Plan
(1) This plan of subdivision shall be developed in one registration.
Noise Report
(2) The Owner shall submit to the Director of Public Works - Infrastructure, the
Director of Planning and Development Services and the Region, for review
and approval, an updated noise report, based on the preliminary noise report
entitled Noise & Vibration Impact Study Freehold Townhouse Condominium
Development, prepared by J.E. Coulter Associates Limited, dated September
29, 2017.
Page 12
Functional Servicing
(3) The Owner shall submit an updated Functional Servicing Report satisfactory
to the Director of Public Works - Infrastructure and Ganaraska Region
Conservation Authority.
Soils Management Plan
(4) Prior to Authorization to Commence, the Owner shall provide a Soils
Management Plan for review and approval by the Director of Public Works -
Infrastructure. Such plan shall provide information respecting but not limited
to any proposed import or export of fill to or from any portion of the Lands,
intended haulage routes, the time and duration of any proposed haulage, the
source of any soil to be imported, quality assurance measures for any fill to
be imported, and any proposed stockpiling on the Lands. All imported
material must originate from within the Municipality of Clarington. The Owner
shall comply with all aspects of the approved Soils Management Plan. The
Director may require the Owner to provide security relating to mud clean up,
dust control and road damage.
Dust Management Plan
(5) Prior to Authorization to Commence Works, the Owner is required to prepare
a Dust Management Plan for review and approval by the Director of Public
Works - Infrastructure. Such plan shall provide a practical guide for controlling
airborne dust which could impact neighbouring properties. The plan must:
(a) identify the likely sources of dust emissions;
(b) identify conditions or activities which may result in dust emissions;
(c) include preventative and control measures which will be implemented to
minimize the likelihood of high dust emissions;
(d) include a schedule for implementing the plan, including training of on -
site personnel;
(e) include inspection procedures and monitoring initiatives to ensure
effective implementation of preventative and control measures; and
(f) include a list of all comments received from the Municipality, if any, and
a description of how each comment was addressed.
Part 4 —Special Terms and Conditions to be Included in the Subdivision
Agreement
4.1 Lands Requiring Site Plans
The owner shall not make an application for a building permit in respect of Block
1 until the Owner has received site plan approval from the Municipality under
Section 41 of the Planning Act, R.S.O. 1990, C.P.13.
Page 13
4.2 Parkland
The Owner shall pay the Municipality an amount in lieu of conveying land for park
or other public recreational purposes under section 5.1. of the Planning Act,
R.S.O. 1990, c.P.13. The Owner acknowledges that this amount, represents
either 5% or at the rate of 1 hectare of land for each 300 dwelling units of the
lands included in the draft plan and shall be based on the value of the Lands as
of the day before the approval of draft Plan of Subdivision S-C-2017-0011.
4.3 Noise Attenuation
(1) The Owner shall implement the noise and vibration measures recommended
in the updated noise and vibration report entitled "Noise and Vibration Impact
Study Freehold Townhouse Condominium Development Lot 28, Concession
2 North Street Town of Newcastle" prepared by J.E. Coulter associates
Limited and dated September 29, 2017 (the "Noise Report").
(2) The Owner shall not make an application for a building permit for any building
on the Lands until an acoustic engineer has certified that the plans for the
building are in accordance with the Noise and Vibration Report. A revised
report will be required to be submitted to provide additional information.
4.4 Common Elements
The Owner agrees to identify to purchasers and shall include the following site features
as common elements within the future condominium plan:
• Retaining Wall
• Acoustic Fencing
• Berm
• Amenity Area
• Visitor Parking
• Wooden Privacy Fencing
• Black vinyl chain link fencing
4.5 Short Term Leases and Rentals
Upon the transfer of the POTL's, the Owner agrees to register covenants and
restrictions under Section 119 under the Land Titles Act prohibiting any short-term, less
than 30 days rental or lease of any dwelling unit(s) that is/are reliant on and benefit from
the common elements condominium. A draft is to be provided to the Municipal
Solicitor's office for review and approval, prior to registration.
Part 5 — Agency Conditions
5.1 Region of Durham
(1) The Owner shall prepare the final plan for the development on the basis of
the approved draft plan of subdivision, prepared by Land Survey Group,
identified as Project & Drawing No. LSG-3890C, dated October 24, 2017,
Page 14
which illustrates one residential block for 29 common element condominium
townhouses.
(2) Prior to the finalization of this plan of subdivision, the Owner must provide
satisfactory evidence to the Regional Municipality of Durham in accordance
with the Region's Site Contamination Protocol to address site contamination
matters. Such evidence may include the completion of a Regional Reliance
Letter and Certificate of Insurance. Depending on the nature of the proposal
of the finding of any Record of Site Condition (RCS) Compliant Phase One
Environmental Site Assessment (ESA), an RCS Compliant Phase Two ESA
may also be required. The findings of the Phase Two ESA could also
necessitate the requirement for an RSC through the Ministry of the
Environment and Climate Change, accompanied by any additional supporting
information.
(3) The Owner shall submit to the Regional Municipality of Durham for review
and approval, a revised noise report prepared by an acoustic engineer based
on projected traffic volumes provided by the region of Durham Planning and
Economic Development Department and recommending noise attenuation
measures in a development agreement in accordance with the Ministry of the
Environment and Climate Change (MOECC guidelines. The Owner shall
agree in an appropriate development agreement to the satisfaction of the
Region to implement the recommended noise control measures. The
agreement shall contain a full and complete reference to the noise report (i.e.
author, title, date and any revisions/addenda thereto) and shall include any
required warning clauses identified in the acoustic report. The Owner shall
provide the Region with a copy of the agreement containing such provisions
prior to final approval of development.
(4) The Owner shall grant to the Region any easements required for provision of
Regional services for this development and these easements shall be in the
location and of such widths as determined by the Region.
(5) 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 sewer and water supply facilities are to be
designed and constructed according to the standards and requirements of
the Region. All arrangements, financial and otherwise, for said extensions
are to be made to the satisfaction of the Region and are to be completed
prior to final approval of this plan.
(6) Prior to entering into a subdivision agreement, the Region shall be satisfied
that adequate water pollution control plant and water supply plant capacities
are available to the proposed subdivision.
Page 15
(7) The Owner shall satisfy all requirements, financial and otherwise, of the
Region. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the
provision and installation of sanitary sewers, water supply, roads and other
regional services.
5.2 Conservation Authority
(1) Prior to any on -site grading or construction of final registration of the Plan,
the Owner shall submit and obtain approval from the Municipality of
Clarington, and the Ganaraska Region Conservation Authority for reports
describing the following:
(a) The intended means of conveying stormwater flow from the site,
including use of stormwater techniques which are appropriate and in
accordance with the provincial guidelines. [The stormwater
management facilities must be designed and implemented in
accordance with the recommendations of the Master Plan];
(b) The anticipated impact of the development on water quality, as it relates
to fish and wildlife habitat once adequate protective measures have
been taken.
(c) The means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with
the provincial guidelines. The report must outline all actions to be taken
to prevent an increase in the concentration of solids in any water body
as a result of on -site or other related works, to comply with the Canada
Fisheries Act; and
(2) The Owner shall satisfy all financial requirements of the Ganaraska Region
Conservation Authority. This shall include Application Processing Fees and
Technical Review Fees as per the approved Authority Fee Schedule.
5.3 School Board
(1) The Owner shall agree to include in all offers of purchase and sale a
statement that advises the prospective purchaser that attendance at the local
public schools may not be guaranteed due to rising accommodation
pressures. Pupils may be accommodated in temporary facilities and/or
directed to schools outside the area in accordance with continued
development and accommodation pressures.
5.4 Canadian Pacific Railway
(1) The Owner agrees to construct a berm in combination with a noise
attenuation fence, having extensions or returns at the ends, to be erected on
lands within the Plan of Subdivision and parallel to the railway right-of-way
with construction according to the following:
Page 16
(a) The barrier is to extend along the northern extent of the property,
parallel to the rail line, with appropriate termination of the berm and
fence towards the west and east end of Block 1. A 6 metre high
acoustic barrier comprising a 3 m high earth berm and 3 m high
acoustic fence is proposed between Block 1 and the CP railway. At the
west end of the barrier, the height will diminish to 3 m along the wrap
toward North Street. The acoustic barrier is approximately 116 metres
long.;
(b) Berm minimum height 3 metres and side slopes not steeper than 2.5 to
1; and
(c) Fence or wall, to be constructed without openings and of a durable
material weighing not less than 20 kg per square metre (4 lbs./sq. ft.) of
surface density.
(d) No part of the berm/noise barrier is to be constructed on railway
property.
(2) The Owner shall insert a clause in all Offers of Purchase and Sale or Lease,
and be registered on title or included in the lease for all 29 dwelling units,
advising that any berm, fencing, or vibration isolation features implemented
are not be to tampered with or altered, and further that the Owner shall have
the sole responsibility for, and shall maintain these features.
(3) The Owner agrees to implement all recommendations and mitigation
measures in noise report entitled Noise & Vibration Impact Study Freehold
Townhouse Condominium Development, prepared by J.E. Coulter
Associates Limited, dated September 29, 2017.
(4) Setback of dwellings from the railway right-of-way to be a minimum of 25
metres. While no dwelling should be closer to the right-of-way than the
specified setback, an unoccupied building, such as a garage, may be built
closer. The 3 metre high earth berm adjacent to the right-of-way must be
provided in all instances.
(5) Ground vibration transmission to be estimated through site tests. If in excess
of the acceptable levels, all dwellings within 75 metres of the nearest railway
track should be protected. The measure employed may be:
(a) Support the building on rubber pads between the foundation and the
occupied structure so that the maximum vertical natural frequency of
the structure on the pads is 12 1-12;
(b) Insulate the building from the vibration originating at the railway tracks
by an intervening discontinuity or by installing adequate insulation
outside the building, protected from the compaction that would reduce
its effectiveness so that vibration in the building became unacceptable;
Page 17
(c) Other suitable measures that will retain their effectiveness over time.
(6) The Owner shall insert a clause in all Offers of Purchase and Sale or Lease
and in the title deed or lease of each dwelling within 300 m of the railway
right-of-way warning prospective purchasers or tenants of the existence of
the Railway's operating right-of-way; the possibility of alterations including
the possibility that the Railway may expand its operations, which expansion
may affect the living environment of the residents notwithstanding the
inclusion of noise and vibration attenuating measures in the design of the
subdivision and individual units, and that the Railway will not be responsible
for complaints or claims arising from the use of its facilities and/or operations.
(7) The Owner shall obtain concurrence from the Railway should any proposed
alterations to the existing drainage pattern affect railway property and be
substantiated by a drainage report to be reviewed by the Railway.
(8) The Owner shall construct and maintain a 1.83 metre high chain link security
fence along the common property line of the Railway and the development by
the Owner at his expense, and the Owner is made aware of the necessity of
including a covenant running with the lands, in all deeds, obliging the
purchasers of the land to maintain the fence in a satisfactory condition at
their expense.
(9) The Owner shall obtain approvals from the Railway should any proposed
utilities under or over railway property to serve the development prior to their
installation and be covered by the Railway's standard agreement.
5.5 Canada Post Corporation
(1) Tomba Enterprises Ltd. covenant and agree to provide the Municipality of
Clarington with evidence that satisfactory arrangements, financial and
otherwise, have been made with Canada Post Corporation for the installation
of Community Mail Boxes (CMB) as required by Canada Post Corporation
and shown on the approved engineering design drawings/Draft Plan, at the
time of sidewalk and/or curb installation. Tomba Enterprises Ltd. further
covenant and agree to provide notice to prospective purchasers of the
locations of CMBs and that home/business mail delivery will be provided via
CMB.
(2) The Owner shall satisfy the following requirements of Canada Post
Corporation and the Municipality with respect to the provision of mail delivery
to the Subdivision Lands and the provision of community mailbox locations,
as follows:
(a) The developer will consult with Canada Post to determine suitable
permanent locations for the Community Mail Boxes or Lock box
Assemblies (Mail Room). The developer will then indicate these
locations on the appropriate servicing plans
Page 18
(b) The developer agrees, prior to offering any units for sale, to display a
map on the wall of the sales office in a place readily accessible to
potential homeowners that indicates the location of all Community Mail
Boxes or Lock Box Assemblies (Mail Room)., within the development,
as approved by Canada Post.
(c) The owner/developer will be responsible for officially notifying the
purchasers of the exact Community Mailbox locations prior to the
closing of any home sales with specific clauses in the Purchase offer,
on which the homeowners do a sign off
(d) The Builder/Owner/Developer will confirm to Canada Post that the final
secured permanent locations for the Community Mailboxes will not be in
conflict with any other utility; including hydro transformers, bell
pedestals, cable pedestals, flush to grade communication vaults,
landscaping enhancements (tree planting) and bus pads.
(e) The developer agrees to include in all offers of purchase and sale a
statement which advises the purchaser that mail will be delivered via
Community Mail Boxes or Lock Box Assemblies (Mail Room). The
developer also agrees to note the locations of all Community Mail
Boxes or Lock Box Assemblies (Mail Room)., within the development,
and to notify affected homeowners of any established easements
granted to Canada Post to permit access to the Community Mail Boxes
or Lock Box Assemblies (Mail Room).
(f) The owner/developer will agree to prepare and maintain an area of
compacted gravel to Canada Post's specifications to serve as a
temporary Community Mailbox location. This location will be in a safe
area away from construction activity in order that Community Mailboxes
may be installed to service addresses that have occupied prior to the
pouring of the permanent mailbox pads. This area will be required to be
prepared a minimum of 30 days prior to the date of first occupancy.
(g) The owner/developer will install concrete pads at each of the
Community Mailbox locations as well as any required walkways across
the boulevard and any required curb depressions for wheelchair access
as per Canada Post's concrete pad specification drawings.
(h) The developer agrees to provide the following for each Community Mail
Boxes or Lock Box Assemblies, and to include these requirements on
the appropriate servicing plans: (if applicable)
i. - Any required walkway across the boulevard, per municipal
standards.
ii. - If applicable, any required curb depression for wheelchair access,
with an opening of at least two meters (consult Canada Post for
detailed specifications).
Page 19
5.6 Utilities
(1) The Owner shall coordinate the preparation of an overall utility distribution
plan that allows for the safe installation of all utilities including the separation
between utilities to the satisfaction of the Director of Public Works -
Infrastructure.
(2) All utilities will be installed within the proposed road allowances. Where this is
not possible, easements will be provided at no cost to the utility provider.
Proposed easements are not permitted on lands owned by the Municipality
unless it can be demonstrated that there is no other alternative. Such
easements must not impede the long term use of the lands and will be at the
discretion of the Director of Public Works - Infrastructure.
(3) The Owner shall cause all utilities, including hydro, telephone, and cable
television within the streets of this development to be installed underground
for both primary and secondary services.
Part 6 — Standard Notices and Warnings
6.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots
informing the purchaser of all applicable development charges in accordance with
subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27.
6.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of
the Municipality's standard subdivision agreement in Agreements of Purchase and
Sale for all Lots or Blocks.
6.3 The Owner shall include the following notices and warning clauses in Agreements
of Purchase and Sale for the Lots or Blocks to which they apply:
6.4 Noise Report
(1) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Units/Lots 2 to 21:
"Purchasers/tenants are advised that sound levels due to increasing road
and rail traffic may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the Municipality's and the
Ministry of the Environment and Climate Change noise criteria."
"The dwelling unit has been supplied with a central air conditioning system
which will allow windows and exterior doors to remain closed, thereby
ensuring that the indoor sound levels are within the Ministry of the
Environment's noise criteria."
(2) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Units/Lots 1 and 22 to 29:
110
"Purchasers/tenants are advised that despite the inclusion of noise
control features in the development and within the building units,
sound levels due to increasing road and rail traffic may on occasions
interfere with some activities of the dwelling occupants as the sound
levels exceed the Municipality's and the Ministry of the Environment
and Climate Change noise criteria."
"The dwelling unit has been supplied with a central air conditioning
system which will allow windows and exterior doors to remain closed,
thereby ensuring that the indoor sound levels are within the Ministry of
the Environment's noise criteria."
(3) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Units/Lots 1-29:
"All persons intending to acquire an interest in the real property by
purchase or lease are advised of the existence of the right-of-way of
the Canadian Pacific Railway. In future, it is possible that such rail
facilities and operations may be altered or expanded, which
expansion or alteration may affect the living environment of residents
despite the inclusion of noise and vibration attenuating measures in
the design of the subdivision and individual units and that the
Canadian Pacific Railway will not be responsible for complaints or
claims arising from its use of its facilities and/or arising from its
operations.".
6.5 Railway Noise, Vibrations and Fencing
(1) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Unit/Lots 1 to 29:
"Railway Fencing — The berm, fencing and/or other noise attenuation
measures on this lot have been constructed in compliance with the
recommendations of the noise and vibration attenuation report prepared
by J.E. Coulter Associates Limited, dated September 29,2017. These
features are not to be tampered with or altered and further that the owner
of the lot shall have the sole responsibility for the maintenance of these
measures to the satisfaction of Canadian Pacific Railway and the
Municipality of Clarington.
Tomba Enterprises Ltd. is obligated to construct a 1.83 metre high chain
link fence along the common property line of the Railway and this lot, but it
will be the obligation of the owner of the lot to maintain the fence in a
satisfactory condition at their expense."
Page 111
(2) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Units/Lots 1 to 29:
"Railway Noise and Vibration — Purchasers are warned of the existence
of Canadian Pacific Railway's operated right-of-way and the possibility of
alterations to or an expansion of its rail facilities thereon in the future,
including the possibility that the Railway may expand its operation, which
expansion may affect the living environment of the residents
notwithstanding the inclusion of noise and vibration attenuating measures
in the design of the subdivision and individual units, and that the Railway
will not be responsible for complaints or claims arising from the Railway's
use of its facilities and/or operations."
(3) The Owner shall include the following warning clause in agreements of
purchase and sale for Lots 1 to 29:
"Purchasers are advised that due to the proximity of this dwelling to
the nearby railway tracks, vibration from the rail pass by may
occasionally be perceptible within this unit."
(4) The Owner shall include the following warning clause in agreements of
purchase and sale for Lots 1 to 29:
"The Owner shall insert a clause in all Offers of Purchase and Sale
or Lease, and be registered on title or included in the lease for each
dwelling affected by any noise and vibration attenuation measures,
advising that any berm, fencing, or vibration isolation features
implemented are not be tampered with or altered, and further that
the owner shall have the sole responsibility for and shall maintain
these features."
(5) The Owner shall include the following warning clause in agreements of
purchase and sale for Units/Lots 1 to 29:
"The Owner shall insert a clause in all Offers of Purchase and
Sale or Lease and in the title deed or lease of each dwelling within
300 m of the railway right-of-way, warning prospective purchasers
or tenants of the existence of the Railway's operating right-of-way;
the possibility of alterations including the possibility that the Railway
may expand its operations, which expansion may affect the living
environment of the residents notwithstanding the inclusion of noise
and vibration attenuating measures in the design of the subdivision
and individual units, and that the Railway will not be responsible for
complaints or claims arising from the use of its facilities and/or
operations."
Page 112
(6) The Owner shall include the following warning clause in agreements of
purchase and sale for Units/Lots 1 to 29:
"Purchasers and tenants are notified that despite measures to
attenuate noise caused by the adjacent railway, whistling from
oncoming trains may be heard on a regular basis. Train whistling
protocol is regulated and enforced by Transport Canada.
6.6 Privacy Fencing
The Owner shall include the following notice in the agreements of purchase and
sale for Units/Lots 1 to 21:
"Privacy Fencing — Privacy fencing is a required feature on this lot
and it must be located on the shared property line. Maintenance of
this privacy fencing is the shared responsibility of the abutting property
owner after the developer has been released from any further
responsibility for the fence."
6.7 Noise Attenuation Fencing
The Owner shall include the following notice in the agreements of purchase and
sale for Units/Lots 1 and 22 to 29:
"Noise Attenuation Fencing - Noise attenuation fencing is a required
feature for this lot to assist in reducing the noise levels to comply with
Ministry of the Environment standards. This fencing must be located
on the private property portion of the lot and must be designed and
constructed in compliance with the recommendations of the noise
attenuation report prepared by J.E. Coulter Associates Limited dated
September 29, 2017. The maintenance of this fencing is the
responsibility of the owner of the lot after the developer has been
released from any further responsibility for the fence."
6.8 Canada Post Corporation
The Owner shall include the following notice in the agreements of purchase and sale
for all lots:
"Mail Service - Purchasers are advised that Canada Post intends to service
this property through the use of community mailboxes that may be located in
several locations within this subdivision."
Part 7 - Clearance
7.1 Prior to final approval of the plan for registration, the Municipality's Director of
Planning Services shall be advised in writing by,
(a) the Region how Conditions 6.1 have been satisfied;
(b) the Ganaraska Region Conservation Authority how Conditions6.2 have been
satisfied;
Page 113
(c) the Canadian Pacific Railway how Conditions 6.4 have been satisfied;
(d) Canada Post how Conditions 6.5 have been satisfied;
Part 8 — Notes to Draft Approval
8.1 Terms used in these conditions that are not otherwise defined have the meanings
given to them in the Municipality's standard subdivision agreement.
8.2 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.
8.3 If final approval is not given to this plan within three (3) 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.
8.4 Where an agency requirement is required to be included in the Municipal
subdivision agreement, a copy of the agreement should be sent to the agency in
order to facilitate their clearance of conditions for final approval of this plan. The
addresses and telephone numbers of these agencies are:
(a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box
623, Whitby, Ontario L1 N 6A3 (905) 668-7721.
(b) Ganaraska Region Conservation Authority, Box 328, Port Hope, Ontario LIA
3W4 (905) 885-8173.
(c) Canadian Pacific Railway, 1290 Central Parkway West, Suite 800,
Mississauga, Ontario L5C 4R3.
(d) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor
Scarborough ON, M1 P 5A1
C:\Users\TG03\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\1 WHCA9N4\S-C 14 - Conditions of Draft
Approval.dou
Page 114
Attachment 2 to Report PSD-046-20
Corporation of the Municipality of Clarington
By-law Number 2020-
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 Corporation of the Municipality of
Clarington for ZBA2017-0033;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is
amended by adding Special Exception Zone 14.6.61 as follows:
"14.6.61 Urban Residential Exception (R3-61) Zone
Notwithstanding Sections 3.1 b., c., g. iv), 3.22 g.; 14.1 a.; 14.4 b., c., e., f., g.,
and h. those lands zoned R3-61 on the Schedules to this By-law shall only be
used for link townhouse dwellings having frontage on a private street. , The
following regulations apply to each Link Townhouse Dwelling as if each unit is
located on a lot:
a. Lot Area (minimum)
i. Interior Lot
ii. Exterior Lot
b. Lot Frontage (minimum)
i. Interior Lot
ii. Exterior Lot
C. Yard Requirements (minimum)
Front Yard
dwelling
porch
ii. Exterior Side Yard
iii. Interior Side Yard
120 square metres
160 square metres
5.0 metres
6.7 metres
4.0 metres to a
3.5 metres to an unenclosed
6 metres to a garage door
1.5 metres to a dwelling
1.5 metres, nil where
building has a common wall
with any adjacent building
C:\Program Files\eSCRIBE\TEMP\14444073415\14444073415... Attachment 2 to Report r 04b j.docx
on an adjacent lot
iv. Rear Yard 6.0 metres to a dwelling
where adjacent to the railway property line 5.5 metres
V. Setback from railway property line 25 metres
d. Special Yard Regulations
i. Steps may project into the required front or exterior side yard, but in
no instance shall the front or exterior side yard be reduced below
1.2 metres.
e. Lot Coverage
i. Link Townhouse dwelling 50 percent
ii. Total of all buildings and structures 55 percent
f. Landscaped Open Space (Minimum) 25 percent
g. Building Height 11.7 metres
h. Height of floor deck of unenclosed porch
above finished grade (maximum) 1.65 metres
i. No parking space shall be located in any exterior side yard
j. Minimum setback for a water meter building from North Street 1.8 metres
2. Schedule `5' to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from "Urban Residential Exception (R1-1) " to "Holding -
Urban Residential Exception (R3-61) Zone" as illustrated on the attached
Schedule `A' hereto.
3. Schedule `A' attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
By -Law passed in open session this day of 12020
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2020- , passed this day of , 2020 A.D.
65fi
618
598
582
I�
t
IO
�9 Z
15
11
by
33 31 29
46 51 3q 27 25 23
42 43 21
32 19
38 39
396
'R
37 v 17
34 fGl
388
c 35 15
36 27 74 `' 13 380 II
Q7 It
12
�. 23 [0 17 345 362 345
18 6 19 10 V 9 m v e 338
14 C ,5 6 IN 5 �Manroe_Street_�
10 y�
6 I= 7 4 �I 3 e�J 263 3i6 G1 317
2 �++ , 2 I 1 (�rG)ite 245 Vl
l�V�o-" 237 —
275 8
87 197
276
193 79 271
75 262 r+ 267 270 I 265 R 256 y� 265
71 I 263 166
I� 251 256
242 157 260
fi7 ��
251 236 r, 237 238 &A 247
739
63 t 4 fry
Iy
59 222 i� A 121 220 �_ 215 224 231
55 IZ 223 124 107 212 d 217
61 I 199 � �Ol� 91 197 vim, m 203
LI—George_Street
67 Geor. e_5treet,
43 164
•''. ies ne 17a 177
6� I� 5z 51
27 54 59 146 L 159 157 158 157
23 50 55 fi1 143 �0 141 142
141
}; 38 127 128
19 46 110 42 L
15 PO 12,3
175
11 38 122 a 115 20 113 112
99
N
w
Zoning Change From 'R1-1' To '(H)R3-61'
s
Newcastle Village • ZBA 2017-0033 • Schedule 5
Adrian Foster, Mayor C. Anne Greentree, Municipal Cleric