HomeMy WebLinkAboutPD-38-99
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REPORT #5
ON: PD~3B-99
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Pl.;;\..' \S"\' q<;?-DQ4-
File #D\'1-~.~D\3
Res. # C~ - 3:0 -91
Meeting:
Council
Date:
Monday, April 26, 1999
Report #:
PD-38-99
File #: DEV 98-013 AND 18T-98004
By-law #
Subject:
REZONING AND PROPOSED PLAN OF SUBDIVISION APPLICATIONS
APPLICANT: GREEN MARTIN DEVELOPMENTS LTD. AND
GREEN MARTIN PROPERTIES LTD.
PART lOT 17, CONe. 1 & 2, FORMER TOWNSHIP OF DARLINGTON
NORTH WEST CORNER OF HIGHWAY 2 AND GREEN ROAD
FilE NOS.: DEV 98'()13 AND 18T-98004
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report PD-38-99 be received;
2. THAT the proposed Plan of Subdivision 18T-98004, as red-line revised and dated April
12, 1999, as per Attachment No.4, be APPROVED subject to the conditions contained
in Attachment No.3;
3. THAT the Mayor and Clerk be authorized, by by-law, to execute a Subdivision
Agreement between the Owner and the Municipality of Clarington at such time as the
agreement has been finalized to the satisfaction of the Direction of Public Works and the
Director of Planning;
4. THAT the application to amend Comprehensive Zoning By-law 84-63, as amended of
the former Town of Newcastle, submitted by Design Plan Services Inc. on behalf of
Green Martin Developments Ltd. and Green Martin Properties ltd. be APPROVED and
that the "Holding (H)" symbol be removed by By-law upon:
a) execution of Subdivision Agreements with the Regional Municipality of Durham and
the Municipality of Clarington;
b) transfer of the lands identified as Block 3 to the Municipality for public use purposes
in accordance with the Clarington Official Plan and the conditions of draft approval
contained in Attachment No.3;
c) preparation of a stormwater management implementation report for all of the subject
lands to the satisfaction of Central lake Ontario Conservation and the Municipality
of Clarington; and
d) execution of a Site Plan Agreement for each phase of development.
5. THAT the Durham Region Planning Department be forwarded a copy of the report and
advised of Council's decision; and
PD-38-99
PAGE 2
....
6.
THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1.
1.1
1.2
1.3
1.4
1.5
2.
2.1
3.
3.1
3.2
APPLICATION DETAILS
Appl icant:
Agent:
Rezoning:
Green Martin Developments Ltd. & Green Martin Properties Ltd.
G. M. Sernas & Associates Ltd.
From "Agricultural (A)" to an appropriate zone to permit the development
of Highway Commercial Uses. The estimated commercial floorspace is
15,150 m2 (163,100 sq. ft.) plus outdoor storage
To subdivide the subject lands to create two (2) blocks for highway
commercial and one (1) public use block.
7.69 ha (19.0 acres)
Subdivision:
Area:
LOCATION
The subject property is on the north west corner of Highway 2 and Green Road. It is
located in Part Lot 17, Concession 1 and 2 of the former Township of Darlington, and is
municipally known as 2340 Highway 2.
BACKGROUND
The rezoning application was sl!bmitted on March 9, 1998. On March 16, 1998,
correspondence was received from the Region of Durham advising of the proposed
Draft Plan of Subdivision for the subject lands. Clarington Planning Staff completed a
joint circulation of the applications. Green Martin Developments Ltd. and Green Martin
Properties Ltd. are part of the Kaitlin Group Ltd.
The applicant submitted a Phase 1 and 2 Environmental Site Assessment Report in
support of the joint applications. The Phase 2 assessment was required as portions of
the lands have been and are currently used for apple orchards. As a result of this land
use, it is possible that substances containing elements such as arsenic and cyanide may
be present in the soil. These substances have historically been used as orchard
pesticides. The chemical analysis of four tests pit excavated indicated that the
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PD-38-99
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concentration of the investigated parameters are below the limits specified in the
Ministry of the Environment Guideline for commercial uses. The consultant has
concluded that the site represents a low level of concern with respect to environmental
contaminants.
3.3 The lands are governed by HSpecial Policy Area H" policies in the Clarington Official
Plan. The Highway Commercial Area and Special Policy Area HHH designations were
added to the Clarington Official Plan by Council at the time of adoption of the
C1arington Official Plan on January 29, 1996 in response to the developer's request. At
that time, Kaitlin made a commitment to construct a structure suitable for use as a tourist
information centre on lands which would be dedicated to the Municipality. The
structure would initially be used as a new home sales centre. The developer also
indicated that they were committed to a high quality development at the gateway to the
Municipal ity.
3.4 One of the requirements for the Special Policy Area H is that urban design guidelines be
prepared prior to any development of the site. Urban Strategies Inc. and Totten Sims
Hubicki were retained by the Municipality to prepare urban design guidelines and
review the transportation requirements for the subject lands, and the existing
Bowmanville West Main Central Area Urban Design Guidelines.
3.5 The Kaitlin Group ltd. and Willsonia Industries Ltd., which owns lands on the north east
corner of Green Road and Highway 2, paid for the majority of the urban design study.
The findings of the studies were summarized in PD-21-99, which was received for
information by General Purpose and Administration Committee on March 1, 1999. The
Urban Design Guidelines identified the Kaitlin lands as the West Bowmanville Gateway
(WBG). The policies state that although the commercial uses to be developed in the
WBG area differ from those of the Bowmanville West Main Central Area, urban design
features should tie the two areas together. In addition the guidelines provide a
framework for the zoning of the site by specifying setback requirements and building
separations for future developments.
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3.6 The urbanization of Highway 2 from Green Road to the western limit of the urban area
was strongly recommended through the study. Urbanization includes removal of the
super elevation, construction of curbs and gutters, a centre median, sidewalks and
extension of theme lighting. This is considered an important element for creating a high
quality gateway image. However, it is also important to ensure that the road
infrastructure improvements occur prior to or simultaneously with the commercial
development as done in the West Main Central Area. This ensures that:
. road infrastructure is in place to accommodate increase in traffic;
. disruption to business is minimized; and
. required external road improvements are funded by the development.
This issue attracted considerable attention as a result of the cost associated with
urbanizing this portion of Highway 2. Comments from the Regional Works Department
as well as Municipal Staff address this issue.
3.7 A Public Meeting for both applications was held May 4, 1998. In addition to the
applicant, two people spoke at the meeting. One represented Millwork Home Centre
and encouraged Committee to support the application.
3.8 The other person was Mr. Robert Martindale, the agent for Clarington Place Ltd. He
noted that Bowmanville West Main Central Area is subject to stringent retail commercial
policies and thresholds not applicable in this area. He further reminded Council of the
financial obligations and commitment towards beautification his client has made with
respect to existing development. He urged Council to ensure that all commercial
developers "be requested to play on the same level field in order to be fair to those who
set the stage for what is happening today". His concerns are related to the range of uses
permitted in the West Bowmanville Gateway versus the Bowmanville West Main
Central Area where population thresholds regulate the timing of development.
Furthermore he wished to ensure that the streetscape in the West Bowmanville Gateway
is developed to the same standard as required in the Bowmanville West Main Central
Area.
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4.
4.1
EXISTING AND SURROUNDING USES
Existing Uses:
The subject bnds are currently used as an apple orchard, a golf
driving range and residence
West -
South -
North -
Green Road and vacant land, as well as two
residences fronting on Green Road
existing residential fronting on Highway 2
Highway 2 and a new residential subdivision
apple orchard and two residences fronting on Green
Road.
4.1
Surrounding Uses: East-
5. OFFICIAL PLAN POLICIES
5.1 The Durham Region Official Plan designates the subject property Living Area. The
predominant use of lands within this designation is for housing purposes. In addition,
subject to the inclusion of appropriate provisions and designations in the area municipal
official plan, Special Purpose Commercial Uses may be permitted. Special Purpose
Commercial Uses shall serve Nspecialized needs on an occasional basis with services
and facilities which consume larger parcels of land and require exposure to traffic such
as, and similar in kind to, automotive sales and services, drive-in restaurants, motels,
hotels, lumber yards, furniture and major appliance salesN. Rezoning for Highway
Commercial uses would conform to the Durham Region Official Plan policies.
5.2 The Clarington Official Plan designates the subject lands NHighway Commercial AreaN
subject to Special Policy Area H. A designated collector road, delineates the north limits
of Special Policy Area H. The Highway Commercial Area designation, similar to
Special Purpose Commercial Area designation of the Regional Plan, is intended to serve
the specialized needs on an occasional basis, with services and facilities which consume
large parcels of land and require exposure to traffic.
5.3 The provisions of Special Policy Area H state that NCouncil has recognized Special
Policy Area H as an important site which will be a gateway to the Bowmanville Urban
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AreaH. In addition to the provisions contained within Section 10.9, the following
additional specific provisions are applicable:
. no service stations or motor vehicle service establishments shall be permitted;
. prior to any development, the proponent shall enter into an agreement with the
Municipality to construct a tourist information centre, no less than 0.5 ha in size at a
location and design satisfactory to the Municipality. In addition, said centre and
lands shall be conveyed to the Municipality for a nominal fee; and
. the lands shall be subject to urban design guidelines to be prepared and approved by
the Municipality.
Subject to the recommendations of this report, these applications would conform to the
Municipality's Official Plan
6. ZONING BY-LAW PROVISIONS
6.1 Part of the subject lands are zoned "Agricultural (A)H. The driving range portion of the
subject property was zoned HAgricultural Exception (A-50)H. This was a temporary use
by-law expiring on December 1998. An application to extend this temporary use zone
was filed earlier this month. The driving range would occupy lands in Phase II of the
proposed subdivision.
7. AGENCY COMMENTS
7.1 The application was circulated to a limited number of agencies and Municipal
Departments to obtain comments on the rezoning and proposed draft plan of
subdivision.
7.2 Ontario Hydro has advised that they have no objection to the applications.
7.3 Regional Works
7.3.1 Following a number of meetings and negotiations between the applicant, C1arington
Staff and Regional Staff, Regional Works Staff provided comments at the end of March.
They advised that muniCipal water is available from the existing 300 mm watermains
along Highway 2 and Boswell Drive. The developer will be responsible for extending a
400 mm watermain on Green Road north of Highway 2 to the north limit of the
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development. A 300 mm watermain will also be required on proposed Street "A" &
"B".
7.3.2 The subject lands were identified as being located within the Zone 2 water distribution
system of the Bowmanville Urban Area. Water supply and pumping in Zone 2 is at
peak capacity. Construction of a Zone 2 reservoir is anticipated to occur in the year
2000, subject to funding approval by Regional Council
7.3.3 The Region will not object to limited commercial development which relies on the Zone
2 system for the provision of water supply, provided that expected peaks and demand
do not coincide with the normal evening residential peak flows. The development of
restaurants or other intensive water users will not receive favourable comment.
Unsprinklered commercial facilities or uses that require substantial fire protection will
not be able to rely on the municipal water system as a source of fire protection until the
Zone 2 reservoi r is constructed.
7.3.4 The Clarington Fire and Building Departments should be satisfied that fire protection can
be provided through alternate means prior to permitting the issuance of building permits
for the proposed commercial developments.
7.3.5 Sanitary sewers are dependent on the sequential extension of services along the future
Uptown Avenue alignment from Clarington Blvd. westerly to Green Road. Diversion of
sewage flows to the Green Road sanitary sewer ( at Highway 2) would be acceptable,
however, the proponent is to ensure that the floor space index does not exceed 50%
and that low water use establishments are only permitted.
7.3.6 Green Road is identified as a Type "B" arterial road. Regional Staff request the
Municipality obtain sufficient road widening to provide a minimum 15.0 m from the
centreline of the existing Green Road right-of-way along the total frontage of Green
Road. Highway 2 in this location is designated as Type "B" arterial. No additional
widening is required along the frontage ofthe subject site.
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7.3.7 The developer is proposing to develop the subject lands in two phases, therefore,
comments are provided accordingly. The following are the developers requirements for
each phase;
Phase 1
. 50% of the costs for the construction of traffic control signals at the intersection of
Green Road & Highway 2, including underground works which will include the
interconnect easterly to connect with existing ductwork
. Construction of a controlled access to Highway 2, approximately 70 m west of
Green Road. This access must have a defined throat length void of interaction with
parking maneuvers (similar to the design of the central access).
. Construction of a temporary all.turns access to Highway 2, located approximately
200 m west of Green Road. This will include any works necessary for the temporary
provision of an eastbound left turn lane to service this access.
. Construction of a centre median island from the intersection of Green Road to
approximately 75 m west of Green Road. Presently, there are existing residences on
the south side of Highway 2, for which full access must be maintained. However,
the developer must provide securities for the construction of the remaining median
along the frontage of Phase 1.
. Urbanization of the north boulevard from Green Road to the westerly limit of Phase
1.
Phase 2
. Construction of a westbound right turn lane on Highway 2 to service the controlled
access located approximately 200 m west of Green Road.
. Full cost of traffic control signals including associated construction of geometric
design improvements (Auxiliary lanes, median, etc.) at the intersection of Boswell
Dr. and Highway 2, including required works for interconnection with traffic control
signals at Green Road and Highway 2.
. Construction of the centre median abutting Phase 2 and/or the provision of securities
such that this proposed work can be incorporated with the future urbanization of the
south side of Highway 2 from Green Road to Boswell Drive.
. Urbanization of the north boulevard abutting Phase 2 and/or the provision of
securities such that this proposed work can be incorporated with the future
urbanization of the south side of Highway 2 from Green Road to Boswell Drive.
Design details of the urbanization of Highway 2 will be provided as part of the
engineering review process for Phases 1 and 2.
7.4 Central lake Ontario Conservation Authority
7.4.1 Central lake Ontario Conservation Authority originally raised storm water management
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PAGE 9
concerns with the appl ications as proposed. The majority of the lands were identified as
being situated within the West S.ide Creek watershed, however, portions if not all of
Blocks 2 and 3, as shown of the proposed draft plan, appear to be within either the
Bowmanville or Darlington Creek watersheds. Central lake Ontario Conservation
Authority Staff advised that the sub-watershed plans have not been prepared for either of
these watersheds. Furthermore the land uses contained in the West Side Creek Master
Plan are not consistent with what is being proposed today.
7.4.2 In response to the above comments, the applicant's engineer demonstrated, through the
submission of a preliminary stormwater report, that all the lands will be drained to the
West Side Creek watershed and the uses as proposed can be accommodated. Authority
Staff have requested, as a condition of Draft Approval that a report be prepared
describing the intended means of conveying stormwater flow from the site, including the
use of stormwater management techniques.
7.5 Clarington Public Works Department
7.5.1 Public Works Department advised that they have no objection in principle to the
applications subject to various conditions of approval. The applicant is responsible, to
the satisfaction of the Director of Public Works, for determining the road and lotting
configuration and servicing requirements on the north side of Street B, at his expense,
and the developer will assume all costs of oversizing services within Street B.
7.5.2 The applicant is required to submit a phasing plan addressing traffic circulation, as well
as staging of construction. In addition, the applicant must provide a Storm Water
Management Implementation Report for the proposed development which is in
accordance with West Side Creek Master Drainage Plan and any subsequent
addendums, as approved. Furthermore, a lot Grading and Drainage Plan detailing the
minor and major system must be prepared.
7.5.3 Public Works Staff identified the following external works required for Phase I which the
appl icant is responsi ble for:
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. reconstruct Green Road from Highway 2 northerly to the Phase I access of this
development
. urbanize the north side of Highway 2 from Green Road westerly to the west limit of
Phase I
. construct traffic control medians on Highway 2 from Green Road westerly to the
west limit of Phase I
. install traffic islands at the intersection of Highway 2 and Green Road including
connecting with the existing island previously constructed to the east.
7.5,4 Public Works Staff identified the following external works required for Phase II which
the applicant is responsible for:
. urbanization of the north side of Highway 2 from west limits of Phase I to the west
limit of the plan of subdivision
. construct traffic control medians from the west limit of Phase I to the west limit of
plan of subdivision
. installation of traffic signals at the intersection of Boswell Dr. and Highway 2.
7.5.5 Public Works staff advised that development of a phase subsequent to Phase I cannot
proceed until the Municipality has approved a Development Charge By-law which
includes reconstruction of Green Road from Highway 2 northerly to Street B and the
expenditure of funds for these works have been approved by Counci I.
7.5.6 In addition to complying with the Municipal Design Criteria and Standard Drawings for
all internal and external works and services, the applicant shall ensure compliance with
"Urban Design Principles and Guidelines for Bowmanville West Main Central Area and
West Bowmanville Gateway" and the "Functional Engineering and Street
Implementation Plan Bowmanville West Main Central Area"
7.6 Clarin~on Fire Department
The Fire Department has been advised that there are currently water supply deficiencies
for fire fighting purposes in the Zone 2 water supply area of Bowmanville. Therefore,
prior to approval for each individual project, the Fire Department must be satisfied that
there will be sufficient water supply for fire fighting purposes.
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8. STAFF COMMENTS
8.1 Revisions to Draft Plan
8.1.1 Staff have red-line revised the draft plan of subdivision to implement the results of the
urban design and transportation planning studies as follows:
. Street B and the northerly limits of the plan of subdivision have been revised in
accordance with the design work undertaken by the Municipality's consultant.
. Block 1 has been further subdivided to introduce the private street (Street "C") and
the westerly portion is renamed as Block 5
Block 3, a 0.5 ha (1.23 acre) parcel, is to be dedicated to the Municipality for public use
purposes.
8.1.2 Blocks 1, 2 and 5 are proposed to be further divided as needed in the future through
applications for Part Lot Control and Site Plan Approval. Although detailed site plan
applications have yet to be filed, the applicant has advised that Millwork Home Centre
is proposed to occupy approximately 1.6 ha, while other proposed uses include Tim
Horton's, Taco Bell and Pizza Hut.
8.2 Urban Design Guidelines
8.2.1 Prior to consideration of development applications, the Official Plan requires the
preparation of urban design guidelines for the subject lands. On March 1, 1999,
General Purpose and Administration Committee received a report on the work by Urban
Strategies Inc., forwarding "A Framework for Development: Urban Design Principles
and Guidelines for the Bowmanville West Main Central Area and the West Bowmanville
Gateway". The following highlights some of the policies applicable from the urban
design guidelines to the development of the subject lands:
. A 3.0 m building setback is required for all buildings along Highway 2, establishing
a consistent built form edge. This allows the development of a significant streetscape
contributing to the identity and amenity of the area. Buildings are to be designed to
address Highway 2 with fully developed architectural elevations.
. Buildings will be configured to occupy a minimum of 60"10 of the Highway 2
frontage. Free standing drive-thru eating establishments are to be limited along the
Highway 2 frontage. These establishments should be integrated within larger
building complexes.
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. A 6.0 m setback is required on Uptown Ave. for all buildings, structures, fencing and
parking areas. This facilitates a significant landscape buffer area between the
commercial and the residential.
. A consistent building setback on Green Road and the .Private Streets., between 0.0
m and 2.0 m is to be maintained.
. Buildings will have fully developed architectural elevations and be oriented to
emphasize corner locations.
. Fencing associated with outside storage areas and buildings will be designed to
complement the primary buildings and should exhibit similar architectural details
and materials.
8.2.2 Three (3) levels of the transportation network were identified as being applicable to the
subject lands:
i) "Public Roads" include all existing roads and the future extension of Boswell Road
(Street A) and Uptown Avenue (Street B);
ii) "Private Streets are to be designed to municipal standards and may be assumed by
the Municipality in the future (Street C)i and
iii) "Major Private Lanes" will remain in private ownership and provide a logical
extension to street network and access to parking areas. These will be implemented
through the site plan approval
8.2.3 The applicant has not submitted a specific site plan application for the subject lands.
The zoning by-law amendment contained in Attachment No.5 addresses some of the
setback, height and use requirements contained in the urban design guidelines. Future
development applications will be' reviewed in terms of the zoning as well as the urban
design guidelines.
8.2.4 The Urban Design Guidelines will be forwarded to Council for approval at the same
time as the related official plan amendment. However, the applicant has provided
written confirmation that it does not object to the proposed policies.
8.3 Highway 2 and Green Road Urbanization and Access
8.3.1 As noted previously, the urban design guidelines provide direction for the Highway 2
streetscape in West Bowmanville Gateway to link with the Bowmanville West Main
PD-38-99
PAGE 13
,
Central Area. One of the steps to accomplish this includes urbanizing Highway 2 from
Green Road to Boswell Drive, including removal of the super elevation and construction
of a centre median, curbs, gutters and sidewalk. Access to the north side of Highway 2
through this section is to be directed to municipal roads; Green Road and Boswell
Drive, one private street, and one additional right-in and right-out access point
immediately west of Green Road.
8.3.2 With the development of each stage of the lands in the West Gateway Area, the Region
of Durham and the Municipality require the developer to be financially responsible for
the urbanization of the north side of Highway 2 and Green Road, the construction of the
centre median islands and appropriate share for signalizing the intersection at Green
Road (50%) and Boswell Drive (100%).
8.4 Zone 2 Water Requirements
8.4.1 Regional Works Staff advised that water supply and pumping in Zone 2 is at peak
capacity. Construction of a new reservoir is expected in the year 2000. Limited
commercial development relying on the Zone 2 system will be permitted but the Region
cannot provide sufficient flows for fire-fighting purposes. In addition, land uses like
restaurants or other water intensive uses will not be permitted.
8.4.2 The Fire Department has advised that prior to issuance of a building permit, they will
need confirmation that sufficient water supply for fire fighting purposes exists.
8.4.3 Staff are aware that members of the development industry with interests in Bowmanville
are actively seeking a solution to the Zone 2 water supply timing problem.
8.5 Public Use Parcel
8.5.1 An overview of the arrangements made at the time of the adoption of the Clarington
Official Plan is provided in Section 3.3. Given the recent investment in a new tourist
information centre at Liberty Street, another information centre is not likely required in
this location. Accordingly, part of the implementing official plan amendment resulting
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PD-38-99
PAGE 14
from the report by Urban Strategies Inc. includes revisions to the Official Plan to provide
for public uses on this site.
8.5.2 A condition of draft approval for plan of subdivision 18T-98004 is that Block 3 be
dedicated to the Municipality. The future subdivision agreement would specify lease-
back arrangements to the Owner at a nominal rate (including taxes) for the driving range
and any future home sales centre for residential lands to the north.
8.5.3 Representatives of The Kaitlin Group has provided written confirmation that they have
no objection to the official plan amendment or urban design guidelines as it relates to
their lands.
8.6 Proposed Zoning By-law Amendment
8.6.1 Staff had a number of discussions with the proponents with respect to the uses proposed
on the subject lands. The zoning by-law amendment as drafted and contained in
Attachment No.5 is not as wide ranging as the list of uses originally proposed by the
Kaitlin Group. It is also more restrictive than the current Special Purpose Commercial
(C4) Zone. However, it is in conformity with the policies of the Clarington Official Plan
and the intent of the Highway Commercial Area designation, to serve the "specialized
needs of consumers on an occasional basis with services and facilities, which consume
larger parcels of land and require ~xposure to traffic".
8.6.2 The proposed zoning by-law requires that a "Home Improvement to Building Supply
Store" must have a minimum floor space of 1,400 square metres (15,070 square feet)
and a "Furniture and Home Accessories Store" must have a minimum floor space of 700
square metres (7,535 square feet). Other permitted uses such as a Garden and Nursery
Centre, Light Equipment Sales and Rental, and Motor Vehicle Sales Establishment have
significant outdoor storage area requirements which are land extensive. In order to be
in conformity with the policies of the Official Plan and to differentiate the function of the
"Highway Commercial Area" from a designated "Central Area" a minimum floor area is
required. A minimum floor area is consistent with the official plan policies requiring
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PD-38-99
REVISED
PAGE 15
Highway Commercial Area uses to "consume larger parcels of land".
8.6.3 In consideration of the differences in planned function of a Highway Commercial Area
versus a Main Central Area, and the Ontario Municipal Board decision to limit retail
floor space construction within the Bowmanville West Main Central Area to achieved
population thresholds, Planning Staff believe it is prudent to maintain a minimum floor
space requirement, thereby differentiating between the two commercial designations.
8.7 Site Plan and Master Grading Plan
8.7.1 The proponent is required to prepare a comprehensive site plan for the development of
each phase of the subject lands. The Site Plan Agreement will illustrate the location of
all Private Roads and Major Private Lanes. It will indicate building, parking and
landscape areas and locations. It will provide a Master Drainage and Grading Plan, as
well as identify site servicing for the lands. Future individual Site Plan and Part Lot
Control applications will be required to conform to all overall plan and detail building
elevations and landscape material.
9 CONCLUSION
9.1 In light of the need to proceed as quickly as possible for the Millwork proposal, The
Kaitlin Group has provided the assurances indicating that they would not object to the
approval of the Municipality's official plan amendment and the urban design guidelines.
However, they also indicated that they would consider the Municipality's proposed
official plan amendment as a "precedent" for their own application for additional retail
lands or transfer of retail density. Staff is concerned about the implications of this
statement and will be reviewing the matter further.
9.2 In consideration of the favourable comments received from the circulated agencies, Staff
recommend approval of the proposed draft plan of subdivision, as red-line revised in
Attachment No.4. Furthermore, the subject rezoning application is recommended for
approval. The holding symbol will be removed by By-law once the land owner has:
i) entered into a subdivision agreement with the Municipality, to the satisfaction of the
Director of Public Works and the Director of Planning and Development;
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PD-38-99
PAGE 16
ii) transferred the lands identified as Block 3 to the Municipality for public use purposes
in accordance with the Clarington Official Plan and the conditions of draft approval
contained in Attachment No.3;
iii) execute a site plan agreement for all the specific phase of development; and
iv) execute a subdivision agreement with the Regional Municipality of Durham.
Respectfully submitted, Reviewed by,
dr~L0k
Dava. rome, M.C.I.P., R.P.P.
Acting Director of Planning & Development
Franklin Wu, M.C.I.P., R.P.P.,
Chief Administrative Officer
CP*LDT*DjC*cc
April 21,1999
Attachment No. 1
Attachment No.2
Attachment No.3
Attachment No.4
Attachment No.5
Key Map
Proposed Plan of Subdivision
Conditions of Draft Approval
Red-line Revised Plan of Subdivision
Proposed Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
Green Martin Developments Ltd. &
Green Martin Properties Ltd.
1029 McNicoll Avenue
Scarborough, Ontario M1W 3W6
Lynda j. Townsend
5710 Timberlea Blvd.
Suite 207
Mississauga, Ontario
L4W 4W1
G. M. Sernas & Associates Ltd.
110 Scotia Court,
Unit41
Whitby, Ontario L1 N 8Y7
Martindale Planning Services
23 Elizabeth Street
Ajax, Ontario L1 H 2X1
Design Plan Services
385 The West Mall
Suite 303
Etobicoke, Ontario M9C 1 E7
Karen Michelson
2078 Green Road
Bowmanville, Ontario L1C 3K7
Robert Lupton
16 Hockaday Court
Hampton, Ontario LOB 1jO
jody Wellings
Canadian Tire Real Estate
2180 Yonge Street
Toronto, Ontario M4P 2V8
A IT ACHMENT NO. 1
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LOT 17
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PROPOSED DRAFT PLAN
of SUBDIVISION
PART of LOT 17
CONCESSIONS 1 & 2
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MUNICIPALITY OF
CLARINGTON
REGIONAL MUNICIPALITY
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ATTACHMENT NO.3
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-98004 prepared by Design
Plan Services Ine. dated March 2, 1998 (and further revised in red as per the attached
plan) showing three (3) blocks for Highway Commercial Area uses, one (1) block to be
dedicated to the Municipality for public use, one (1) block for a private road, various
blocks for reserves, roads, road widenings, site triangles ete.
FINAL PLAN REQUIREMENTS
2. That all streets, except for Street C, within the Plan of Subdivision shall be dedicated as
public highway and shown as such on the final plan.
3. That all streets, including Street C; 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 convey to the Municipality Block 3 at the time of registration of Phase I,
at a nominal cost, and enter into an agreement with the Municipality with respect to
lease-back arrangements to the Owner including payment of taxes and the construction
of a facility suitable for a public use, for a period not to exceed ten (10) years from the
date of registration of the subdivision.
5. 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, including the Urban Design
Guidelines for the Bowmanville West Main Central Area and West Bowmanville
Gateway.
-2-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D)
6. 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
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, except for the land identified as Block 3, the Owner shall pay to the Municipality
at the time of execution of the subdivision agreement, (2%) cash-in-lieu of parkland
dedication.
10. 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.
11. That the Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria on Street A and Street B.
12. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be
buried underground.
-3-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INClUDED IN SUBDIVISION AGREEMENT (CONT'D)
13. That the Owner shall submit an overall master site plan for each phase of development
for approval by the Municipality.
14. That the road and lotting configuration, and servicing requirements of the lands abutting
the north side of Street B be determined and that developer at his expense, assumes the
responsiblity to install the necessary services and/or oversized services within Street B
that are required to service the lands abutting the north side of Street B, to the
satisfaction of the Director of Publ.ic Works.
15. That the developer submit a Phasing Plan that accommodates the anticipated internal
traffic circulation and the external traffic distribution relative to the existing or proposed
traffic control improvements required on Highway #2 and/or Green Road such as access
locations, traffic medians and turn lanes, traffic signalization and urbanization of the
boulevard. In addition, the Phasing Plan will address the staging of the construction of
the internal road system.
16. The storm water management works and facilities necessary for this development must
be constructed in accordance with the original West Side Creek Master Drainage Study,
dated March 1992, prepared by G.M. Sernas & Associates ltd. and any subsequent
addendums to this study as approved by the Municipality and the Conservation
Authority and as finally approved by the Director of Public Works.
17. The applicant must provide the Public Works Department with a Stormwater
Management Implementation Report, which provides for the sequential construction of
the stormwater management works necessary for the entire watershed and addresses the
impacts of developing this plan of subdivision in the absence of the balance of the
watershed. This report shall be subject to the approval of the Director of Public Works.
-4-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
18. The applicant's engineer will be required to prepare a Lot Grading and Drainage Plan
that details the configuration of the on-site storm sewer system (minor system) and the
conveyance of the overland flow (major system) from this site.
19. External Works Required for Phase 1
(a) That the developer is required as a local service, to reconstruct Green Road from
Highway #2 northerly to the Phase 1 access of this development. The scope of
the reconstruction work will include reconstruction to an urban roadway
standard, street lighting. and sidewalks, capable of accommodating the
anticipated traffic from this development. This work shall also accommodate the
traffic signalization works required for the Green road at Highway #2
intersection.
(b) Urbanization of the north side of Hwy. #2 boulevard including grading and
drainage curb and gutter, from Green Road westerly to the west limit of the Phase
1 Highway #2 frontage.
(c) Construction of traffic control medians on Highway #2 from Green Road westerly
to the west limit of the Phase 1 Highway #2 frontage.
(d) That the developer is responsible to construct or have constructed the installation
of traffic signals at the intersection of Highway #2 and Green Road. This work
includes the signals and the traffic control island to the west of the intersection
and a traffic control island to the east connecting with the existing island
previously constructed.
-5-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
20. External Works required for a Phase subsequent to Phase 1
(a) The development of a phase subsequent to phase 1 requires the road widening
and reconstruction of Green Road from Highway #2 northerly to Street B,
(approximately 230 metres).
(b) Urbanization of the north side of Highway #2 boulevard including grading and
drainage curb and gutter, from the west limit of the Phase 1 Highway #2
frontage, westerly to the west limit of the plan of subdivision.
(c) Construction of traffic control medians from the west limit of the Phase 1
Highway #2 frontage, westerly to the west limit of the plan of subdivision.
(d) That the developer is responsible to construct or have constructed the installation
of traffic signals at the intersection of Highway #2 and Boswell Drive including
appropriate traffic control medians.
21. The development of a phase subsequent to phase 1, cannot proceed until such time that
the Municipality has:
(a) Approved a Development Charge Bylaw including the road widening and
reconstruction work for Green Road from Hwy #2 northerly to Street B and any
external works or services which have been included in the Municipality's
Development Charge By-Law and have been deemed necessary by the Director
of Public Works to service this development; and
-6-
.
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INClUDED IN SUBDIVISION AGREEMENT (CONT'D)
(b) Approved the expenditure of funds for the road widening and reconstruction
work for Green Road from Hwy #2 northerly to Street B any external works or
services which have been included in the Municipality's Development Charge
By-Law and have been deemed necessary by the Director of Public Works to
service this development.
22. That all internal and external works and services must be designed and constructed in
accordance with the following:
(a) The Municipality of Clarington Design Criteria and Standard Drawings provisions
of the Municipality Development By-Law and all applicable legislation and to the
satisfaction of the Director of Public Works.
(b) The "Framework for Development Urban Design Principles and Guidelines for
Bowmanville West Main Central Area and West Bowmanville Gateway" study,
prepared by Urban Strategies Inc. dated February 1999 and as finally approved
by the Municipality.
(c) The "Functional Engineering and Street Implementation Plan Bowmanville West
Main Central Area" prepared by Totten Sims Hubicki, dated September 1994.
23. The applicant must enter into a development agreement with the Municipality which
includes all requirements of the Public Works Department regarding the engineering
and construction of all internal and external works and services related to this plan of
subdivision. In addition, the development agreements will include a "Staging Plan" or
any other necessary provisions that will control the sequential development of this
subdivision and the other lands owned by the applicant, to the satisfaction of the
Director of Public Works.
-7-
.
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
24. 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.
25. That the Owner shall adhere to architectural control requirements of the Municipality.
26. 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
watermain 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.
27. The Owner agrees that where the well or private water supply of any person is interfered
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.
28. That the Owner agrees to establish a geodetic benchmark at the intersection of Highway
2 and Green Road to serve as vertical and horizontal control point. The Owner shall be
100% responsible for the cost of establishing the benchmark.
-8-
.
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
29. That the applicant provide the Planning Department, on disk in a CAD format
acceptable to the Municipality a copy of the Plan of Subdivision as draft approved and
final approved.
30. Satisfy the Region of Durham Works Department, financially and otherwise.
31. Satisfy the Central Lake Ontario Conservation Authority, financially and otherwise
32. Satisfy the Ontario Hydro Electric Corporation, financially and otherwise
.
ATTACHMENT NO.4
Red Line Revisions to Draft Plan 18T -98004
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ATTACHMENT NO.5
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 99-
being a By-law to amend By-law B4-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to amend By-law 84-63, as amended, of the former Corporation of the Town of Newcastle to
permit the development of a Highway Commercial Business Park (DEV 98-013).
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. A new Section 22 A is added as follows:
"22A HIGHWAY COMMERCIAL (C8) ZONE
22A.1 DEFINITIONS
For the purpose of this section, in addition to Section 2, the following definitions shall
apply:
Building Fa<;ade: shall mean the exterior wall of a building or structure or that wall
viewed by person not within the building.
Furniture and Home Furnishing" Store: shall mean a building or structure where
furniture and home accessories, office furniture and supplies, household appliances,
lighting, draperies, home electronics and entertainment products are sold.
Home Improvement and Building Supply Store: shall mean a building or structure,
where building materials and home improvement products including wood, electrical,
plumbing and floor covering supplies are sold.
New Home Sales Centre: shall mean lands where a building is erected for the display
and sale of new residential dwellings.
Recreation Vehicle Sales Establishment: shall mean a building or structure where a
dealer displays recreational vehicles, recreational trailers, motorized snow vehicle
and/or personal water craft and accessories for sale or rent. Permitted accessory uses
include a repair garage forthe specific recreation type of vehicle being sold or rented.
Seasonal Garden Centre: shall mean the seasonal use of lands, buildings or structures or
part thereof for the purpose of buying or selling lawn and garden furnishings and supply.
Street-related entrance: shall mean one of the principal entrances to each business
establishment which shall be located in the part of the building fa~ade fronting on a
public street. A street-related entrance shall have a minimum height of 2.1 metres and a
minimum width of 0.9 metres and shall be located within 0.2 metres above or below
fi n i shed grade.
.
.
- 2-
22A.2 PERMITTED USES
a) Residential Uses
i) prohibited
b) Non-Residential Uses
i) Eating Establishment;
ii) Furniture and Hom~ Furnishings Store;
iii) Garden and Nursery Sales and Supply Centre;
iv) Home Improvement and Building Supply Store;
v) Hotel;
vi) Light Equipment Sales and Rental
vii) Motel;
viii) Motor Vehicle Sales Establishment;
ix) New Home Sales Centre;
x) Place of Entertainment;
xi) Recreation Vehicle Sales and Service Establishment; and
xii) Tavern, to a maximum of 300 sq/m total leasable floor area.
22A.3 REGULATIONS
a) Lot frontage (minimum) 50 metres
b) Lot area (minimum) 3,500 square metres
c) Interior side yard unless otherwise defined
by a setback in subsection g) (minimum) 2 metres
d) Exterior side yard, unless otherwise defined
by a setback in subsection e) and n (minimum) 2 metres
e) All buildings situated within 40 metres ofthe northerly limit of Highway 2 shall:
i) be constructed with a minimum setback of 3 metres and a maximum
setback of 5 metres from Highway 2
ii) have a street-related entrance; and
iii) have a minimum of 25% of the building fa~ade between finished grade
and the level which is 3 metres above finished grade and fronting on a
public street shall be constructed of transparent glass
n Setback from Uptown Avenue for all buildings and structures, including
accessory structures and fences is a minimum of 6 metres and a maximum of 8
metres;
g)
Setback from a private road (minimum)
o metres
h)
lot coverage (maximum)
25 %
i)
Height of buildings (maximum)
2 storeys
j) For the lands bounded by Highway 2, Boswell Drive,
Uptown Avenue and Green Road there shall be:
i) a maximum of 12,600 square metres of total leasable floor area; and
ii) a maximum of five eating establishments provided that no more than three
eating establishments, which are not part of a building or structure
occupied by other permitted uses, may be permitted.
,
.
- 3-
k)
Minimum Total Leasable Floor Area
i) Furniture and Home Furnishings Store
ii) Home Improvement and Building Supply Store
700 square metres
1,400 square metres
I)
Landscaped Open Space (minimum)
25%
m) Landscaping Strip
i) abutting Highway 2, a minimum width of 3 metres;
ii) abutting Green Road and Boswell Avenue, a minimum width of 2 metres;
and
iii) abutting Uptown A\lenu€, a minimum width of 5 metres
n) Motor Vehicle Sales Establishment and Recreation Vehicle Sales Establishment
shall not be permitted on any lot having frontage or an exterior side yard on
Highway 2;
0) Outdoor storage of goods and materials, whether finished or unfinished shall be
screened from adjacent Public and/or Private Streets, by a 2.0 metre high privacy
fence. This provision shall not apply to outdoor storage and display of vehicles
associated with a Motor Vehicle Sales Establishment or Recreational Vehicle
Sales Establishment;
2. Schedule "3" to By-law B4-63 as amended, is hereby further amended by changing the
zone designation from "Agricultural (A)" to "Holding - HIGHWAY COMMERCIAL ((H)
C8)" 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 read a first time this day of
1999.
BY-LAW read a second time this day of
1999.
BY-LAW read a third time and finally passed this
day of
1999.
MAYOR
CLERK
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This Is Schedule"A" to By-law 99-
passed this day of , 1999A.D.
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