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HomeMy WebLinkAbout97-83 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97- 83 being a By-law to adopt Amendment No. 2 to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act, R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption of or repeal Official Plans and Amendments thereto; WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to incorporate a Secondary Plan for the South-West Courtice Planning Area; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment Number 2 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. That the Clerk of the Municipality of Clarington is hereby authorized and directed to make application to the Regional Municipality of Durham for approval of the aforementioned Amendment Number 2 to the Clarington Official Plan. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this28 day of April 1997. BY-LAW read a second time this 28 day of April 1997. BY-LAW read a third time and finally passed this28 day of April 1997. MAYOR DEPUTY CLERK AMENDMENT NO. 2 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The Purpose of this Amendment is to incorporate into the Clarington Official Plan the relevant parts of the secondary plan for the South-West Courtice Planning Area approved under Amendment No. 59 to the former Town of Newcastle Official Plan. LOCATION: The amendment applies to the lands located east of Townline Road, south of Glenabbey Drive, west of Prestonvale Road and north of Highway 401, being Parts of Lots 33, 34 and 35, Concession 1 and 2 in the former Township of Darlington, now the Municipality of Clarington. BASIS: The South-West Courtice Secondary Planning Area for this area was included in the Courtice Urban Area in the new Clarington Official Plan adopted by Council on January 29, 1996. The northerly portion was included in lands available for development prior to 2016. The southerly portion of the Planning Area includes lands not required for residential purposes by 2016 and was identified as a"Future Urban Residential Area". A Secondary Plan for this area was originally prepared as a transitional measure to enable the consideration of plans of subdivision and proposed zoning on the lands within the Planning Area prior to the approval of the new Clarington Official Plan by the Regional Municipality of Durham. It contained many of the policies of the new Clarington Official Plan. This measure was deemed necessary in light of the pending hearings at the Ontario Municipal Board concerning three private official plan amendments (Files: OPA 89-032, OPA 95-003, OPA 95-004). On October 4, 1996, the Ontario Municipal Board issued its order which approved Amendment No. 59 to the Official Plan of the former Town of Newcastle. On October 31, 1996 the new Municipality of Clarington Official Plan came into force and the Official Plan of the former Town of Newcastle was repealed. This Secondary Plan is based on Amendment No. 59. It preserves the policies with specific application to the South-West Courtice Planning Area. It deletes those redundant policies in Amendment No. 59 which are now part of the Clarington Official Plan. ACTUAL AMENDMENT: The Official Plan of the Municipality of Clarington is hereby amended as follows: i) Add a new Secondary Plan as follows: . South-West Courtice Secondary Plan 1. INTRODUCTION 1.1 The South-West Courtice Secondary Planning Area comprises a portion of Bayview Neighbourhood and a portion of Penfound Neighbourhood as identified in the Clarington Official Plan. The Secondary Planning Area is approximately 148 hectares in size. 1.2 This Secondary Plan will guide Council in assessing various proposals for development and in the exercise of powers of subdivision approval, zoning and site plan control. 2. GOALS 2.1 To provide a residential living environment that promotes a desirable quality of life and social interaction. 2.2 To provide a broad range of housing to meet the evolving housing needs of current and future residents. 3. GENERAL POLICIES 3.1 The ultimate planned population for the Secondary Planning Area is approximately 6,200 persons at an overall gross residential density of 17.3 units per gross hectare. 3.2 This Plan has been prepared subsequent to the adoption by Clarington Council of the new Clarington Official Plan. In accordance with the provisions of Section 5.3.14 and 5.3.15 of the Durham Regional Official Plan, the preparation of the Clarington Official Plan included an analysis of the lands required to provide a 20 year supply of land. The northerly portion of the Secondary Planning Area are identified as lands needed and readily serviced by 2016. The projected population allocated to these lands is 4,500 persons. The southerly portion of the Secondary Planning Area are lands which cannot be readily serviced and are not required for residential purposes by 2016. The lands are identified as "Future Urban Residential Area" on Map A. 4. LAND USE POLICIES 4.1 The land use designations for the South-West Courtice Planning Area are shown on Map A. The related land use policies are contained in Sections 9, 10, 14, 18 and 21 of the Clarington Official Plan and the relevant policies of this Plan. 4.2 Two heritage houses have been identified and indicated on Map A. It is the intent of Council to ensure the conservation of these structures and the appropriate integration of adjacent residences. Council may require the preparation of elevations, axonometric drawings or require site plan control for adjacent lands to review the context, scale and design of proposed development adjacent to these houses. 4.3 The minimum site area for the future secondary school site should be approximately 6 hectares. 4.4 Where the Environmental Protection Area designation corresponds to a stream valley, it Includes a development setback adjacent to the defined top-of-bank or a 15 metre setback for warm water streams, whichever is greater. The development setback shall be based on a stable slope and the sensitivity of the stream valley, and shall be determined in consultation with the Conservation Authority and the Province. In no case would the setback be less than 5 metres in width. In the case of new plans of subdivisions or consents, lot lines shall not extend beyond the established setback. 4.5 As a condition of development, development proponents shall enhance the natural state of the Robinson Creek by revegetating adjacent lands. Revegetation would include planting of trees and shrubs in consideration of enhancing fisheries and wildlife habitat potential. 4.6 The alteration to the natural state of watercourses and creeks is discouraged. However, any proposal to alter a section of a watercourse must maintain or improve its ecological state, and incorporate natural channel design features to the satisfaction of the Conservation Authority and the Municipality of Clarington. In addition, a greater width for the Environmental Protection Area land may be required to accommodate natural channel design features, stable slopes, vegetation and buffer areas. 4.7 Young woodlands occupy portions of the Robinson Creek tributary flood plain and adjacent lands. This unit is comprised of vigourous young hardwoods and softwoods of high scenic quality, and in good biological health with a relatively high adaptability to disturbances. This stand of young woodlands is protected within the Environmental Protection Area designation associated with the Robinson Creek tributary. 4.8 Consideration should be extended, wherever possible, towards preserving mature trees and woodlands which are outside of the Environmental Protection Area designation in order to fully derive benefits relating to microclimate, wildlife habitats, hydrology and scenic quality. In this regard, mitigation measures such as tree protection fencing, silt fence/sedimentation control, dust control, and protection of soil moisture regime shall be utilized during construction. 5. TRANSPORTATION POLICIES 5.1 The transportation policies contained in Section 19 of the Clarington Official Plan and the policies of this Plan shall apply with regard to the transportation system of the Secondary Planning Area. 5.2 New Bloor Street It is the policy of this Plan that Bloor Street will be realigned and constructed as New Bloor Street shown on Map A from Bruntsfield Road east to intersect with Prestonvale Road and shall be classified as a Type A Arterial Road. The roadway of New Bloor Street will be widened when considered necessary by Council from Bruntsfield Road west to intersect with Townline Road. The widening and construction of New Bloor Street shall be staged as determined to be appropriate by Council. Intersection improvement will be undertaken for those intersections shown on Map A. The Municipality will request the Regional Municipality of Durham to reconstruct the intersections of new Bloor Street with Townline Road and Prestonvale Road when reconstruction is considered necessary by the Region. It is the intent of this Plan that the Region will assume New Bloor Street as a Regional Road when it has been widened and constructed from Townline Road to Prestonvale Road. 5.3 Old Bloor Street It is the policy of Council to request the Regional Municipality of Durham to transfer Old Bloor Street shown on Map A to the Municipality when New Bloor Street is assumed by the Region. However,subject to construction of New Bloor Street in its entirety, including the reconstruction of the intersections at Townline Road and Prestonvale Road, Old Bloor Street shall be reconstructed to a Local Road standard, provided that the road authority may permit reconstruction to be undertaken in stages. It is the policy of the Municipality not to permit development of lands abutting and fronting onto Old Bloor Street until Old Bloor Street has been reconstructed to a Local Road standard, and for that purpose will enact a Holding Zone By-law applicable to such lands. 5.4 Local Road Access The locations of intersections of local roads with arterial roads are shown on Map A. 6. STORM WATER MANAGEMENT 6.1 Storm water management measures must be incorporated to mitigate the impacts of development on water quality and quantity, consistent with the Robinson Creek Master Drainage Study and the policies of Section 20 of the Clarington Official Plan. 7. IMPLEMENTATION AND INTERPRETATION 7.1 This Plan refines and implements the policies of the Official Plan. Unless otherwise indicated, the policies of the Official Plan shall apply to this Secondary Planning Area. 7.2 A phasing plan shall be prepared for approval of plans of subdivision of the lands to which this Plan applies. The phasing plan shall establish phases of development of the lands and shall provide for the staging of construction of public infrastructure and services in relation to phases of development. The phasing plan shall take into account the responsibility for construction of the public infrastructure and services and shall be considered by the Municipality in enacting amendments to the Zoning By-law and in recommending plans of subdivision for approval. 7.3 The policies of this Plan shall be implemented and interpreted in conjunction with the applicable policies of the Official Plan." ii) Add 'Map A - Land Use: South-West Courtice Neighbourhood Secondary Plan' as indicated on Exhibit 'A' to this Amendment." AMENDMENT NO. 2 TO THE CLARINGTON OFFICIAL PLAN Amendment No. 2 to the Clarington Official Plan, as adopted by By-law No. 97- 83, is hereby approved under Sections 17 and 21 of the Planning Act,as amended. A. L. Georg C.I.P., R.P.P. Commiss-kyrer of Planning Regional Municipality of Durham Dated at Whitby, Ontario on A aCruJr Vii( , 1997. H\2-5\L0PA\L0PAC971\N0TIC20 WPD AMENDMENT NO. 2 Aft I IN oft TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The Purpose of this Amendment is to incorporate into the Clarington Official Plan the relevant parts of the secondary plan for the South-West Courtice Planning Area approved under Amendment No. 59 to the former Town of Newcastle Official Plan. LOCATION: The amendment applies to the lands located east of Townline Road, south of Glenabbey Drive, west of Prestonvale Road and north of Highway 401, being Parts of Lots 33, 34 and 35, Concession 1 and 2 in the former Township of Darlington, now the Municipality of Clarington. BASIS: The South-West Courtice Secondary Planning Area for this area was included in the Courtice Urban Area in the new Clarington Official Plan adopted by Council on January 29, 1996. The northerly portion was included in lands available for development prior to 2016. The southerly portion of the Planning Area includes lands not required for residential purposes by 2016 and was identified as a"Future Urban Residential Area". A Secondary Plan for this area was originally prepared as a transitional measure to enable the consideration of plans of subdivision and proposed zoning on the lands within the Planning Area prior to the approval of the new Clarington Official Plan by the Regional Municipality of Durham. It contained many of the policies of the new Clarington Official Plan. This measure was deemed necessary in light of the pending hearings at the Ontario Municipal Board concerning three private official plan amendments (Files: OPA 89-032, OPA 95-003, OPA 95-004). On October 4, 1996, the Ontario Municipal Board issued its order which approved Amendment No. 59 to the Official Plan of the former Town of Newcastle. On October 31, 1996 the new Municipality of Clarington Official Plan came into force and the Official Plan of the former Town of Newcastle was repealed. This Secondary Plan is based on Amendment No. 59. It preserves the policies with specific application to the South-West Courtice Planning Area. It deletes those redundant policies in Amendment No. 59 which are now part of the Clarington Official Plan. ACTUAL AMENDMENT: The Official Plan of the Municipality of Clarington is hereby amended as follows: i Add a new Secondary Plan as follows: R CC �? r tip° E MAY 9 9 1997 A J 1 O ^�� South-West Courtice Secondary Plan 1. INTRODUCTION 1.1 The South-West Courtice Secondary Planning Area comprises a portion of Bayview Neighbourhood and a portion of Penfound Neighbourhood as identified in the Clarington Official Plan. The Secondary Planning Area is approximately 148 hectares in size. 1.2 This Secondary Plan will guide Council in assessing various proposals for development and in the exercise of powers of subdivision approval, zoning and site plan control. 2. GOALS 2.1 To provide a residential living environment that promotes a desirable quality of life and social interaction. 2.2 To provide a broad range of housing to meet the evolving housing needs of current and future residents. 3. GENERAL POLICIES 3.1 The ultimate planned population for the Secondary Planning Area is approximately 6,200 persons at an overall gross residential density of 17.3 units per gross hectare. 3.2 This Plan has been prepared subsequent to the adoption by Clarington Council of the new Clarington Official Plan. In accordance with the provisions of Section 5.3.14 and 5.3.15 of the Durham Regional Official Plan, the preparation of the Clarington Official Plan included an analysis of the lands required to provide a 20 year supply of land. The northerly portion of the Secondary Planning Area are identified as lands needed and readily serviced by 2016. The projected population allocated to these lands is 4,500 persons. The southerly portion of the Secondary Planning Area are lands which cannot be readily serviced and are not required for residential purposes by 2016. The lands are identified as "Future Urban Residential Area" on Map A. 4. LAND USE POLICIES 4.1 The land use designations for the South-West Courtice Planning Area are shown on Map A. The related land use policies are contained in Sections 9, 10, 14, 18 and 21 of the Clarington Official Plan and the relevant policies of this Plan. 4.2 Two heritage houses have been identified and indicated on Map A. It is the intent of Council to ensure the conservation of these structures and the appropriate integration of adjacent residences. Council may require the preparation of elevations, axonometric drawings or require site plan control for adjacent lands to review the context, scale and design of proposed development adjacent to these houses. 4.3 The minimum site area for the future secondary school site should be approximately 6 hectares. 4.4 Where the Environmental Protection Area designation corresponds to a stream valley, it Includes a development setback adjacent to the defined top-of-bank or a 15 metre setback for warm water streams, whichever is greater. The development setback shall be based on a stable slope and the sensitivity of the stream valley, and shall be determined in consultation with the Conservation Authority and the Province. In no case would the setback be less than 5 metres in width. In the case of new plans of subdivisions or consents, lot lines shall not extend beyond the established setback. 4.5 As a condition of development, development proponents shall enhance the natural state of the Robinson Creek by revegetating adjacent lands. Revegetation would include planting of trees and shrubs in consideration of enhancing fisheries and wildlife habitat potential. 4.6 The alteration to the natural state of watercourses and creeks is discouraged. However, any proposal to alter a section of a watercourse must maintain or improve its ecological state, and incorporate natural channel design features to the satisfaction of the Conservation Authority and the Municipality of Clarington. In addition, a greater width for the Environmental Protection Area land may be required to accommodate natural channel design features, stable slopes, vegetation and buffer areas. 4.7 Young woodlands occupy portions of the Robinson Creek tributary flood plain and adjacent lands. This unit is comprised of vigourous young hardwoods and softwoods of high scenic quality, and in good biological health with a relatively high adaptability to disturbances. This stand of young woodlands is protected within the Environmental Protection Area designation associated with the Robinson Creek tributary. 4.8 Consideration should be extended, wherever possible, towards preserving mature trees and woodlands which are outside of the Environmental Protection Area designation in order to fully derive benefits relating to microclimate, wildlife habitats, hydrology and scenic quality. In this regard, mitigation measures such as tree protection fencing, silt fence/sedimentation control, dust control, and protection of soil moisture regime shall be utilized during construction. 5. TRANSPORTATION POLICIES 5.1 The transportation policies contained in Section 19 of the Clarington Official Plan and the policies of this Plan shall apply with regard to the transportation system of the Secondary Planning Area. 5.2 New Bloor Street It is the policy of this Plan that Bloor Street will be realigned and constructed as New Bloor Street shown on Map A from Bruntsfield Road east to intersect with Prestonvale Road and shall be classified as a Type A Arterial Road. The roadway of New Bloor Street will be widened when considered necessary by Council from Bruntsfield Road west to intersect with Townline Road. The widening and construction of New Bloor Street shall be staged as determined to be appropriate by Council. Intersection improvement will be undertaken for those intersections shown on Map A. The Municipality will request the Regional Municipality of Durham to reconstruct the intersections of new Bloor Street with Townline Road and Prestonvale Road when reconstruction is considered necessary by the Region. It is the intent of this Plan that the Region will assume New Bloor Street as a Regional Road when it has been widened and constructed from Townline Road to Prestonvale Road. 5.3 Old Bloor Street It is the policy of Council to request the Regional Municipality of Durham to transfer Old Bloor Street shown on Map A to the Municipality when New Bloor Street is assumed by the Region. However,subject to construction of New Bloor Street in its entirety, including the reconstruction of the intersections at Townline Road and Prestonvale Road, Old Bloor Street shall be reconstructed to a Local Road standard, provided that the road authority may permit reconstruction to be undertaken in stages. It is the policy of the Municipality not to permit development of lands abutting and fronting onto Old Bloor Street until Old Bloor Street has been reconstructed to a Local Road standard, and for that purpose will enact a Holding Zone By-law applicable to such lands. 5.4 Local Road Access The locations of intersections of local roads with arterial roads are shown on Map A. 6. STORM WATER MANAGEMENT 6.1 Storm water management measures must be incorporated to mitigate the impacts of development on water quality and quantity, consistent with the Robinson Creek Master Drainage Study and the policies of Section 20 of the Clarington Official Plan. 7. IMPLEMENTATION AND INTERPRETATION 7.1 This Plan refines and implements the policies of the Official Plan. Unless otherwise indicated, the policies of the Official Plan shall apply to this Secondary Planning Area. 7.2 A phasing plan shall be prepared for approval of plans of subdivision of the lands to which this Plan applies. The phasing plan shall establish phases of development of the lands and shall provide for the staging of construction of public infrastructure and services in relation to phases of development. The phasing plan shall take into account the responsibility for construction of the public infrastructure and services and shall be considered by the Municipality in enacting amendments to the Zoning By-law and in recommending plans of subdivision for approval. 7.3 The policies of this Plan shall be implemented and interpreted in conjunction with the applicable policies of the Official Plan." ii) Add 'Map A - Land Use: South-West Courtice Neighbourhood Secondary Plan' as indicated on Exhibit 'A' to this Amendment." ^ Y r EXHIBIT "A" TO AMENDMENT No. 2 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN fiflllllll I 1 1 • / PLANNING AREA BOUNDARY BLOOR ST.i ::;../ ® FUTURE URBAN RESIDENTIAL NEW OOR S .'`� LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL 1 i HIGH DENSITY RESIDENTIAL i LJ i NEIGHBOURHOOD PARK 1 1• p •. i OLD BLOOR STREE ? PARKETTE •• 1 O •.. i ; rr: iii.is .' PROTECTION TAL • 04 � � P � STORM WATER FACILITY GRAND NEW l 1 PUBLIC 1 1 ® SECONDARY SCHOOL DRIVE : i i ® PUBLIC 1 1 O ELEMENTARY SCHOOL SEPARATE Q •�'••1--^-----------������������.� O ® ELEMENTARY SCHOOL Q / CONVENIENCE COMMERCIAL J i /♦•; 2 � ununEs HERITAGE HOUSE -----------�1 1 I W ARTERIAL ROADS TYPE A 1 'I ARTERIAL ROADS TYPE B 1 . ARTERIAL ROADS TYPE C 1 --------- COLLECTOR ROADS DRIVE :S :�;-• I O 1 .•y+•""• .', 1� 4- LOCAL ROAD ACCESS i I I INTERSECTION IMPROVEMENT Irx •.•••••*0• 1r PEDESTRIAN AND 4 BICYCLE ROUTES t 1 1 1 1 1 ` � 1 1 1 O O�y9��-9,V ZNOZ 'SiCy P A'A/L w4 Y BASELINE ROAD ulJVDD USIE SOUTH—WEST COURTICE SECONDARY PLAN