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Home My WebLink About10/20/2003 Special - CI!JlilJglOn - - - SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - - - 1. ROLL CALL DATE: OCTOBER 20, 2003 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS - 2. DISCLOSURES OF PECUNIARY INTEREST 3. PUBLIC MEETING - (a) Bowmanville King Street East Corridor Study Proposed Official Plan Amendment and Zoning By-law Amendment REPORT PSD-133-03 - 301 4. PLANNING SERVICES DEPARTMENT - (a) PSD-133-03 - - (b) Addendum to PSD-129-03 - (c) PSD-132-03 - - - - Bowmanville King Street East Corridor Study Proposed Official Plan Amendment and Zoning By-law Amendment (to be distributed under separate cover) Proposed Plan of Subdivision and Rezoning Foster Creek Developments and Robert Stephenson Part Lots 29 and 30, Concession 2, Former Village of Newcastle 401 Amendment to Draft Approved Plan 18T-97003, Rezoning and Part Lot Control Applications to Reduce the Number of Residential Units from 128 to 109, Penwest Development Corporation Ltd. West of Mearns Avenue, South of Concession Street, Bowmanville 421 - 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 CORPORATION OF THE MUNICIPALITY OF CLARINGTON - Special G.P. & A. Agenda - 2 - October 20, 2003 - (d) PSD-134-03 King Street East Co~ridor Study: Implementation of Recommendations - 437 (e) PSD-136-03 Application for Removal of Holding Symbol Aspen Springs West Ltd. (Kelvin Whalen) - 446 5. ADJOURNMENT - - - IIllIII - - - .. - - IIllIII - - - - REPORT NO.: PSD-133-o3 MUNICIPALITY OF CLARINGTON III .. ({lJllIJgtnfl r CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING - TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment and a Zoning By-law Amendment, under Sections 17 and 34 of the Planning Act, 1990, as amended. - PUBLIC MEETING The. Municipality of Clarington wiilllOld a public meeting to consider an Official Plan Amendment and Zoning By-law Amendment. .. A key map showing the area affected by the proposed Official Plan Amendment and the Zoning By-Law Amendment and a map showing the area subject to the rezoning arE: published for the BowmanviileMail with this notice. .. The proposed Official Plan Amendment would implement the recommendations of the Bowmanville Kina Street East Corridor Final Study respecting the Bowmanviile East Main Central Area _ East Business District by expanding the Secondary Plan boundary to the limits shown on the key map. In addition, it would delete the "Strip Commercial Area" pOlicies and redesignate certain lands from Strip Commercial to "Street Related Commercial", introduce the "Major Commercial Area" designation for the Bowmanville Mall, revise tile pOlicies of the 'Street-Related Commercial Area", and redesignate lands from the "Mixed-Use Area" to "Street-Related COmmercial Area". The Amendment would also revise the transportation network pOlicies and introduce new urban design guidelines as an appendix. In addition, the Amendment WOuld amend Map A3 and Map E2 ane the revise the population targets of the two neighbourhoods affected by the boundary adjustment. The proposed 20111ng By-Law Amendment woule implement the proposed Official Plan Amendment and certain recommendatiolls of the Bowmanville Kina Street East Corridor Final StudY by rezoning 258 King Street East to residential and by rezoning certain residential properties to non-residential; it would introduce zone requirements for drive-througll facilities; it would introduce requirements for building facades including the location of street entrances on King Street East and the minimum length of building wall facing King Street East; It would revise a number of setback, building height, and yard provisions; it would rezone certain lands to a holding category; it wouid rezone certain residenlially zoned lands to permit higher density residential uses; and it would rezone the hospital and associated lands institutional. .. ... .. i.. A copy of the proposed Official Plein Amendment and Zoning By-law Amendment, as well as the Bowmanville King Street East Corridor StUdy mey Oil viewed et the Plenning ServlC8Il count.r of lh. Munlclp.lIly of Clerlngton Admlnlstretive Centre during reguler busir1l9sS hours commencing on Tuesday, September 30, 2003. DATE OF PUBLIC MEETING: TIME: PLACE: - Monday, October 20, 2003 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance SI., Bowmaflville, Ontario ANY PERSON may attend the pUblic meeting and/or make written or verbal representation eithar in support of or in opposition to the proposed Official Plan Amendment and Zoning By-iaw Amendment. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting COmmences. ... COMMENTS OR QUESTIONS? .. If you wish to make a written submission or if you wish to be notified of SUbsequent meetings or the adoption of the proposed Official Plan Amendment and/or th~asslng of the proposed Zoning By-law Amendment, you must submit a written request 10 t,'1e Clerk's Department, 2 Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6. Additional information relating to the proposed Official Plan Amendment and Zoning By-iaw Amendment is available for Inspection from the date of pubiication of this notice between 8:00 a.m. and 5;00 p.m. Monday to Friday at the Planning Services Department, 3'" Floor, 40 Temperance Street, Bowmanvllle, Ontario L 1C 3A6, or by calling Carlo Pellarin at (905) 623-3379 extension 220 or bye-mail atcpellarin@municipality.clarington.on.ca .. - APPEAL If a person or public body that files a notice of appeal of a decision of the Municipality of Ciarington in.respect of the proposed Officiel Plen Amendment and/or the proposed Zoning By-law Amendment to. th~ Ontario Municipal ~oard does not make oral submissions at a publiC meeting or does not rr.ake written submiSSions to the MuniCipality of Clarington before the proposed Officilll Plan Amendment is adopted and the proposed Zoning By-law Amendment IS passed, the Ontario Municipal Board may dismiss al/ or part of the appeal. Dated at the Municipality of Clarington this 22nd day of September 2003. - - ~/ ~./0;;}1Jr t!_ Oa id'c~me, M.C.I.P., R.P,P. Dlr~ctor of Planning Services Municipality of Ciarington 40 Temperance Strset Bowmanvllle, Ontario L1C ~At3 3~ J - - =lT1f- = - t- ~>-E:' =~r- ;= CI 1-1"1 ' ... ~~~~ ~ ;; Sl' 1"r1..(c:5 ~~ D -f-- _ -f-- ':' ~CD >~ d1a~ DJ SIM ~n A\J fA I I c f ~~\\ll !3. )::.8 -4 r--"--)> O f-"-- en r--"-- :I: o r--l=~ "tI r--"--~ )> ~'- f-;::: f-"-- ~ ~ r--l= ~ ~ I-f- ~ 7ii~~ ~ ~ i ~!~~ !~- - o ::a IS o ~ ,.1 -:) ~~, W JI --, Z ,~ I . ~ 1111111 -rotJR" ~- i?J! .::;.' l~i" /~\ ~ '" ~'f)_ QI~~J __iYI'l"~~ ~~ ..,.... [') \ f- ~ ~:= / QII 1"1 J' ;( ~o~~o PAAK jr ,~,,~ - Ii!- 3:/ mrrrrrmrrrrn MEARNS AVE t-lUE l J I I I ~l I ~ -i :I: o CD CD VI - ~~- ~ f ~ ~ -..., ~ ~ I ~ ~ - r~ ----.r4 .~ ..... ,.j~ \). .~,:! - .. .. , , ", t\!' . \.,'" .. 3 c.'~) 'J L :,.. -,'_:4., ': . ,{ .. Cl!!!.-illgtnn REPORT - PLANNING SERVICES - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, October 20,2003 - Report #: Addendum to PSD-129-03 File #: 18T-89059 and ZBA 2000-017 By-law #: - Subject: PROPOSED PLAN OF SUBDIVISION AND REZONING - FOSTER CREEK DEVELOPMENTS AND ROBERT STEPHENSON Part Lots 29 and 30, Concession 2, former Village of Newcastle - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Addendum to Report PSD-129-03 be received; 2. THAT the conditions of Draft Approval, as contained in Attachment No.4 to PSD';129-03 be replaced with the conditions contained in Attachment No.3 hereto; THAT Zoning By-law Amendment contained in Attachment No.5 of PSD-129-03 be replaced with the zoning by-law amendment contained in Attachment NO.4 hereto; and - 3. - 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. - Submitted by: Reviewed by: 0 ~~ ~'l.... Franklin Wu, Chief Administrative Officer - - .. - CP*DJC*sh 3 October 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - 401 - .. REPORT NO.: ADDENDUM TO PSD-129-03 PAGE 2 1.0 BACKGROUND .. 1.1 On October 6, 2003, General Purpose and Administration Committee considered report _ PSD-129-03. The report recommended approval, of applications for proposed plan of subdivision and zoning by-law amendment, 18T~89059 and ZBA 2000-017. At the meeting Mr. Greg DeFreitas, consultant for Kiradaar Inc., an abutting land developer, .. and Mr. Nick Mensick, the developer's consultant, both spoke as delegations. After considering the comments from the delegations and the staff report, Committee recommended approval of the applications as recommended in the report. IIllIII 1.2 On Wednesday, October 8 following the Committee meeting staff met with Dave and Pearl Rickard to review concerns they have with the proposed development and to .. provide clarification on the conditions of draft approval and the implementing proposed zoning by-law amendment. A number of issues and concerns were discussed, however the following two require further direction: _ i) setback of the proposed dwellings abutting the north property line of the existing houses on Given Road; and .. ii) fencing between the exi.sting residences on Given Road and the proposed abutting lots to the north. - 2.0 STAFF COMMENTS - The following section deals with the above issues and provides recommendation on each. .. 2. 1 Setback to the properties on Given Road 2.1.1 The lots proposed to front on the south side of Street H, were originally to be wide- shallow lots, with a rear yard setback of 5 metres. These lots share a property line with the properties fronting on the north side of Given Road. When Council considered the Neighbourhood Design Plan in December 2002, they added a resolution that the zoning by-law contain provisions to ensure dwellings on the new lots abutting the north limit of the existing lots fronting on Given Road, east of Massey Drive extension, have a 7.5 m setback to the common property line. This issue was addressed in PSD-129-03 and the proposed zoning required a 7.5 m rear yard setback. When this issue was reviewed with Mr and Mrs Rickard, it was realized that the lot 139 at the corner of Street Hand the Massey Drive extension would have a side yard abutting the existing dwelling fronting on Given Road. As a result the 7.5 m rear yard setback requirement would not provide the intended separation from the existing residences. .. - .. .. 2.1.2 It is proposed that the amending by-law be revised as contained in Attachment No.3 to specifically require a 7.5 m setback from the south property line for all lots fronting on Street H. This would ensure that the intended separation is provided to the existing residences. .. .. .. 402 - - REPORT NO.: ADDENDUM TO PSD-129-03 PAGE 3 - 2.2 2.3.1 Privacy fencing betwe.en the proposed lots and Given Road lots Mr and Mrs Rickard also requested that a board privacy fence be required between their properties on Given Road and the proposed lots abutting to the north. The Municipality does not typically require fencing, of any kind, to be provided between residential lots that are similar in nature as a condition of subdivision approval. In this case both the existing lots on Given Road and the proposed lots on the south side of Street H are lots for single detached dwellings. Following the meeting with Mr. And Mrs. Rickard this issue was discussed with Mr. Bob Stephenson, one of the Owners of the proposed subdivision, who agreed, as a good will gesture to such a condition being included in the approval of the draft plan of subdivision. In consideration of the above, staff have modified the conditions of draft approval to include a new condition No. 48, requiring a board privacy fence to be constructed on the south lot line of the proposed plan of subdivision, east of Massey Drive where it abuts existing residences. - - - - - 2.3.2 Staff propose to incorporate a similar condition in the Kiradaar Inc proposed plan of subdivision when a report is prepared for that application. - 3.0 CONCLUSIONS - 3.1 In consideration of the comments contained in this Addendum report, it is recommended that the report PSD-129-03 be approved and that the conditions of draft approval and zoning by-law amendment contained in PSD-129-03 be revised as per the conditions of approval and by-law contained in Attachments 3 and 4 respectively. - - - Attachments: Attachment No.1 Attachment NO.2 Attachment No.3 Attachment No.4 Key Map Proposed Plan of Subdivision Conditions of Draft Approval Proposed Zoning By-law Amendment - - - - - - 403 - .. REPORT NO.: ADDENDUM TO PSD-129-03 PAGE 4 Interested parties to be notified of Council's decision: ... G.M. Sernas & Associates Limited 110 Scotia Court, Unit 41 WHITBY, Ontario L 1 N 8Y7 Irene Horne 30 Remi Crt. Newcastle, ON L1B 1J1 ... Ted Barnoski 3451 Elliot Road Newtonville, ON LOA 1 JO Hans and Holly Eeuwes 270 King Avenue West Newcastle, ON L 1 B 1 G9 ... - Rod Doris Re-Max Cornerstone Realty 104 King Street East Bowmanville, ON L 1 C 1 N5 Dan and Marg Maskell 320 King Avenue West Newcastle, ON L 1 B 1 G9 IIllIII Edmond Vanhaverbeke Syvan Developments Limited 20 Robert Street West, Unit 1A Newcastle, ON L 1 B 1 C6 Dan and Jane Sturrock 236 King Avenue West Newcastle, ON L 1 B 1 H7 ... D. McCurdy 304 King Avenue West Newcastle, ON L 1 B 1 G9 - .. Frank Feldman 7 Director Crt., Suite 104 Woodbridge, ON L4L 4S5 David and Pearl Rickard 80 Given Road Newcastle, ON L 1 B 1 L9 - Christina Lazaridis Gathwood Homes Ltd. 110 Ironside Crescent, Unit 23 Toronto, ON M1X 1 M2 Kevin Buchan 3 Remi Crt. Newcastle, ON L 1 B 1 J1 ... .. Tim Politis Politis Engineering 85 Thorncliff Park Drive, Ste. 4303 Toronto, ON M4H 1 L6 Robert Stephenson 170 Given Road Newcastle, ON L 1 B 1 G9 - Gregory DeFreitas B. G. Schickedanz Homes Inc. 7 Director Crt., Ste. 104 Woodbridge, ON L4L 4S5 Mr. & Mrs. R. Howe 3 Grady Drive Newcastle, ON L1B 1J1 ... Dr. Lee Rackham 165 Foster Avenue Belleville, ON K8N 3P8 Mr. & Mrs. Bath 46 Given Road Newcastle, ON L 1 G 1 G9 IIllIII - Larry Brunt 12 Remi Crt. Newcastle, ON L 1 B 1 J 1 Mr. & Mrs. T. Howe 1 Grady Drive Newcastle, ON L 1B 1J1 .. .. 404 .. - ATTACHMENT 1 ..,.",.,,,- PRQPOS[[) R[~ a PI..Nt 18T -8905g.... PAIlT CT Lon 21 . 10 . CO+( 2 "UNIClPAUTY CS QARINGTQN A{QO\I..... 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" ..........., - -_. -...-.-.. -..--..- .j;;:, i1t~.-.Jl'~ - - -- -- --- '- - - - - - - - - - - ".- .- _..---- -.---- ___, aJ'''"'''''t :,,":"-.:,,,,:,:=:, ------ ==------ 'O'lItJlt(llO[U :ll...._...,.,~ -_.~...~ ...:-~~ ---- ~,. ,- - ----- -~ - -----= - ( -- .-.- j ~.:.~l~-- 1=~1 - . - ~: ~~ -: goo;;- - -- .--===-- ~ :;'.-,0:';._ ~ .;;;- -,_-~:: c -"'_-~- .:. --.- - ---- ----'_..~--- . - - . ~ - -- -.. ~ .. .. - 405 - ATTACHMENT 2 .. ~ SUBJECT SITE ~ KIRADAAR INVESTMENTS LTC. LANDS LOT 30 LOT 29 i=tl I I ~ L----1 l ~nA\;// I ~~~~^r I '\ ~~ ~/~/~~~I\{c~ \ '<''/ (/// #i' '/ ~~ ...q/v~ / ,~ W-// ~ ~ ~ ~--1:t.u^ . _ ~/ ~~'// J' ~0.'l//./7l.. ~ ~ -- I~~~~~~ ~;~~~~ 7WiiZ;~ ~ ~~~~~~~)~ ~ ~ '_:'M~~~ ~m~ /~"y~ \ Uk rT~t.[~ r r--- ~~~'/ ~ Jtf t J'o///~ :/. @ '/1 'l. ~ ST. !! -=:.......::: a::: ~;:J-::f i~~ , 1~,Jd~ AtE. W~.~ -~ I \1 ::--/1- o <( o NEWCASTLE VILLAGE KEY MAP ,~ r', t.. .. .. .. .. - .. .. .. N z o (/) (/) W U Z o U .. - .. .. - IIllIII - I .. .. .. - - - - - 2. - 3. - 4. - 5. - 6. - 7. - 8. - 9. - 10. - 11. - - - - - A TTCHMENT 3 CONDITIONS OF DRAFT APPROVAL DRAFT PLAN OF SUBDIVISON 18T-89059 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T-89059, prepared by Sernas AssoCiates identified as project number 98028, dated revised September 2003, which illustrates 419 single detached dwelling units, two medium density blocks for a total of approximately 82 units, a park block, a school block, walkways, opens space blocks, road widenings and 0.3 m reserves. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. The Owner shall convey a 6 metre road widening across King Avenue West frontage of the draft plan to the Region of Durham for the purpose of widening. The Owner shall terminate any dead ends and/or open sides of road allowances created by this draft plan in 0.3 metre reserve(s) to be conveyed to the Municipality of Clarington. The Owner shall convey the 0.3 metre reserve shown as Blocks 438 to 443 inclusive on the draft plan, to the Municipality of Clarington. The Owner shall submit plans showing the proposed phasing to the Region and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration. The Owner shall dedicate Blocks 430 and 431 on the draft plan to the Municipality of Clarington as public walkway(s) on the final plan. The Owner shall convey Block 429 to the Municipality of Clarington for park or other public recreational purposes in accordance with the Planning Act. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. The Owner shall, apply to the Municipality of Clarington and obtain area municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 12. The Owner shall submit the following information to the Municipality of Clarington for approval prior to registration: i) a grading and control plan; and ii) a siting and architectural design report and implementing site plans and architectural drawings. 407 Page 1 13. 14. 15. 16. 17. 18. 19. 20. 21. - That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. \ .. - That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. - .. 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. .. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. .. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. .. That the Owner agrees the conditions of draft approval 19-26 inclusive, are provided based on phasing plan dated December 9, 2002. - That the Owner agrees the phasing of this draft plan will be restricted by the number of external road accesses that are available. Full development of the draft plan will require all external accesses to be constructed. The specific lots available for building permits in any single phase of the development will be further reviewed at the engineering stage and shall be at the sole discretion of the Director of Engineering Services. - .. That the Owner shall be responsible for reconstruction of the intersection of King Avenue West and the extension of Street B beyond the limits of the plan of subdivision prior to the issuance of any building permits within the phase of development which requires this connection. The reconstruction of the intersection shall include the installation of traffic signals. The Owner will be required to submit a detailed engineering plan for the intersection and the future configuration of Street B. The south side of the intersection must also be included. An appropriate public notification process for the future intersection must be undertaken prior to the constriction of the intersection. .. .. liliiii - This development may proceed at such time the Municipality has approved the Capital Budget and Four-Year Forecast, which schedules the reconstruction of Rudell Road within the Four-Year Forecast. Provision must be made for the reconstruction of Rudell Road from King Avenue West to Street A. The required improvements shall include any sidewalk improvements deemed necessary by the Director of Engineering Services to service and connect to the overall neighbourhood. Should the development proceed prior to this work being included in the Four Year Forecast and the Capital Budget, the Owner shall be 100% responsible for the reconstruction of Rudell Road to a collector - .. .. 408 .. - - - - - - - - - .. - - - standard from King Street West to Street A. Securities must be provided to the Municipality for the future widening, including sight triangles, and construction of services on the east side of Rudell Road between King Street West and Given Road. 22. That the Owner is responsible for securities (100%) being provided to the Municipality for the land acquisition and road construction to a collector standard for that portion of Street "B" (Massey Drive) between King Street West, and Given Road. 23. That the Owneris responsible for securities (100%) being provided on a pro-rated basis for the future construction of Grady Drive including the Foster Creek crossing to Remi Court. 24. That the Owner agrees in the event that Massey Drive is not constructed to a collector standard from Street "C" to King Street West prior to Phase I, Stage 2 commencing, the Owner must provide additional securities on a pro-rated basis, for the future construction of Grady Drive including the Foster Creek crossing to Remi Court. Failing the complete construction of Massey Drive, the Owner must construct Grady Drive and the Foster Creek crossing to Remi Court to a collector standard 100% at the cost of the developer. 25. That the Owner agrees prior to Phase II commencing, the third collector road connection must be constructed at the developer's expense. 26. The Owner agrees that Phasing Plan for development must address the existing dwellings on Given Road. The Plan must demonstrate how the various road accesses to each property will be accommodated at each phase of development. 27. That the Owner must submit a stormwater management plan which provides for the ultimate development of the west end of this development. This plan must address all previous grading, drainage and stormwater management comments satisfactory to the Director of Engineering prior to final plan approval. 28. That the Owner must provide the park dedication in Phase I and rough grade the park and surrounding area within 150 mm of final grade. It will be necessary to design Grady Drive in this area in order to complete the rough grading. 29. That the Owner will be required to make application to the Council of the Municipality of Clarington to legally open, by means of a by-law, any portions of Rudell Road that are .. currently unopened and unmaintained. The necessary approval from Council must be provided prior to registration of this draft plan. The Owner will be responsible for all costs, financial and otherwise that are necessary to meet this requirement. - 30. The Owner shall convey a 3.0 metre road widening, to be dedicated to the Municipality, on Rudell Road between King Avenue West and Street A. The ultimate road allowance - width, of Rudell Road, between Highway No.2 and Street A will be 26.0 metres wide. 31. The Owner will be responsible to construct Rudell Road to a full urban standard - between Street A and the northerly limit of development. The road construction must include sanitary sewers, watermains, storm sewers, sidewalks, illumination, curbs, - - 4' :'1 Q u / 32. 33. 34. 35. 36. - gutters, trees and all of the other services normally contained within an urban streetscape. Should the development proceed prior to this work being included in the Four-Year Forecast and the Capital Budget, the Owner shall be 100% responsible for the reconstruction of this portion of Rudell Road to a local road. The Owner will also be required to install all of the servicing stubs and oversized services that are deemed necessary by the Director of Engineering Service~ to accommodate future ultimate development. The Owner will be responsible to provide any sight triangles or other lands deemed necessary by the Region of Durham at the intersection of King Avenue West and Rudell Road for the reconstruction of Rudell Road to an urban standard. The Owner must provide a functional plan that makes accommodation for the future installation of traffic signals at the intersection of Highway 2 and Rudell Road. - ... - - .. The Owner must make application and receive Council approval, for any road closures that are deemed necessary for the proposed development. The Owner will be responsible for 100% of all costs, financial and otherwise that are necessary to meet this requirement. .. .. The subject development will necessitate the physical closure of Given Road at Street B. The Owner will be responsible for 100% of the cost of any works or facilities deemed necessary by the Director of Engineering Services to facilitate the physical closure of _ Given Road immediately to the east of the intersection. This works may include acquisition, road construction, turning circles, urbanization, storm sewers, drainage work, barricades etc. .. The Owner is responsible (100%) for any necessary upgrades or improvements to any portions of Given Road that are designated to remain open as a traveled road through the development of streets Band G. The necessary upgrades or improvements may include but not be limited to property dedication (road widenings, sight triangles etc.), pavement widening, reconstruction, storm sewers, urbanization, sidewalks, illumination etc. - - The Owner agrees that development of Block 421 or other adjacent land will not be permitted until such time as the Owner has acquired all of the lands necessary for the entire medium density development, in accordance with the Neighbourhood Design plan. No partial development will be permitted. All development of Block 421 and any .. associated lands not included within this draft plan must be developed through the site plan approval process. - .. 37. The Owner agrees that the west side of Rudell Road, the east side of Street I and the west side of Street H must be fully serviced with water, sanitary sewer and storm sewer for any future lots which may front onto these roads, and any other streets that may .. intersect with these streets must be "stubbed" for water, sanitary sewer and storm sewer to the satisfaction of the Director of Engineering Services. III 38. The Owner agrees that temporary turning circles will be required on Street G and Street H. Access to the Medium Density Block, Block 421, may be restricted or prohibited .. 410 .. - .. - - - - - - - - - - - .. - - - - - depending upon the specific nature of the proposed development for this block. All other lots that will be "frozen" will be deterfTIined at the engineering review stage at the sole discretion of the Director of Engineering Services. No development of any "frozen" lots will be permitted until the construction of Street G and Street H have been fully completed. \ 39. The Owner agrees that storm water drainage works and facilities necessary for this development must be constructed in accordance with the Foster Creek Subwatershed Planning Study, dated March 2001, prepared by Gartner Lee Ltd. and as finally approved by the Director of Engineering Services. 40. The Owner's engineer must submit a Preliminary Engineering Plan that identifies the watershed areas that are tributary to each of the proposed storm water management facilities. The report must assess the major and minor flow systems, identify the pre and post construction volumes and assess depths, velocities, points of discharge and proposed methods of outlet treatment. The required report must demonstrate that all blocks or locations designated for storm water management facilities have been adequately sized for all storm events in terms of quantity, frequency and duration up to and including the regional storm. A Preliminary Engineering Plan must be provided that demonstrates this requirement. The required Plan must illustrate that all of the road widenings required under the ultimate need for the neighbourhood have been accommodated and must illustrate the effect of any road widenings on the size of any storm water management facilities. The Plan must demonstrate that the facilities can be constructed with 5: 1 side slopes and a buffer strip. The Plan must also indicate the level of groundwater and the proposed range for the permanent water levels. The Plan must be submitted prior to final approval. 41. The Owner must provide the Engineering Services Department with a stormwater management construction plan which provides for the sequential construction of all stormwater management works which reflect the phasing of the development. 42. The Owner agrees that the outfall location for each storm water management facility will be subject to the approval of the Director of Engineering Services. Specifically the outfall of the proposed facility at Given' Road and Rudell Road must be shown to not have an adverse effect on adjacent private property and that the outfall location is suitable. The size, location, design and specific detail for any proposed storm water management facilities will be subject to the approval of the Ganaraska Region Conservation Authority prior to final approval of this plan. 43. The Owner agrees to provide a Landscaping Plan for all stormwater management facilities to the satisfaction of the Director of Engineering Services. This may include input from adjacent property owners. 44. All stormwater management facilities must be designed with a single inlet and a single sediment forebay. The Owner agrees to reduce the amount of long term maintenance. 4 1 1 45. 46. 47. 48. - The Owner will be responsible for 100% of the cost of all amenities such as signs or fences that are deemed necessary by the Director of Engineering Services for any storm water management facilities. - The Owner must provide a monitoring and maintenance program for any proposed stormwater management facilities located within the subject neighbourhood. The required program must detail the obligations of the developer during the subdivision maintenance period and also detail a perpetual monitoring and maintenance plan. .. .. The Owner agrees to provide an erosion and sediment control plan to the satisfaction of the Director of Engineering Services. .. That the Owner shall be 100% responsible for the construction of a 1.8 m high wood privacy fence along the south property line of the subject, east of the Massey Drive extension, where such property line abuts a lot with an existing residential dwelling. IIllIII - 49. That the Owner is required to ensure that a disclosure is included in all purchase and sale agreements advising home buyers of municipal parking regulations, to the satisfaction of the Director of Planning Services. .. 49. That the Owner shall submit a detailed tree preservation plan to the satisfaction of the Municipality of Clarington. No trees shall be removed until such time as this program has been approved except as authorized by the Municipality. .. 50. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 .of the Ontario Fire Code. - .. - 51. The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the cost for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. - 52. The Owner agrees that no residential units shall be offered for sale to the public on said plan until such time architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning Services. .. - 53. The Owner agrees that no building permit shall be issued for the construction of any building on any residential lot or block on said plan, until the architectural control guidelines for the development and the exterior architectural design of each building and .. the location of the building on the lot has been approved by the Municipality of Clarington. .. 54. The Owner agrees that where the well or private water supply of any person is interfered with as a result of the subdivision, the Owner shall at his expense, either .. 412 .. .. - - - - - - - - .. - - - - - .. - - - 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. 55. 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. 56. 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. 57. The Owner will be required to establish a geodetic benchmark in the vicinity of the intersection of Rudell Road and Highway 2 that will serve as vertical control for the proposed development. The Owner will be responsible for 100% of the cost of establishing this benchmark. The required benchmark must be installed prior to the issuance of any building permits for the subject development. 58. That the Owner supply on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved and the 40M-Plan. 59. Prior to final approval, the Owner is required to submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. . 60. Prior to final approval, the Owner shall engage a qualified professional to carry out to the satisfaction of the Ministry of Citizenship, Culture and Recreation, an archaeological assessment of the entire property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Citizenship, Culture and Recreation confirming that all archaeological resource concerns have been met including licensing and resource conversation requirements. 61. Prior to the commencement of anyon-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval from the Ganaraska Region Conservation Authority for reports, consistent with the recommendations of the Foster Creek Sub-watershed Study and Environmental Impact Study prepared by Gartner Lee, describing the following: a) a detailed Stormwater Management Plan which outlines the intended means of controlling storm water runoff in terms of quantity, frequency and duration of all events up to and including the regional storm; 413 .. .. b) the intended means of conveying stormwater flows from the site, including the location and design of water quality and quantity controls using stormwater management techniques outlined in provincial guidelines; \ c) an assessment of the major and minor f10wi system, identifying pre and post construction volumes, depths, velocities, points of discharge and proposed methods for outlet treatment; - .. d) an Erosion and Sedimentation Control Plan detailing the means by which 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; - .. .. e) site grading details, including pre-development, staged and final scenarios: .. f) requirements for the long-term maintenance of all proposed erosion and stormwater facilities and construction details relating to these conditions. - 62. The Owner agrees that detail design of the stormwater management system west of Rudell road must include ~rosion indexing and potential downstream issues to the satisfaction of the Ganaraska Region Conservation Authority. - 63. The Owner shall enter into a written agreement with the Kawartha Pine Ridge District School Board which provides for the future acquisition of the school site, shown as Block 428 on the draft plan, to the satisfaction of the School Board. The agreement shall, among other matters, require; - - a) Block 428 to be available as part of Phase 1 of the development:; b) Block 428 to be rough graded; c) The approved final grading plans for the surrounding lands to be provided to _ the School Board d) All municipal services provided to the site; and e) The installation of a 1.8 metres high chain link fence on the perimeter of Block _ 428 where it abuts proposed or existing residential lands. 64. The Owner shall submit to the Municipality of Clarington and the Regional Municipality - of Durham, for review and approval, a revised acoustic report prepared by an acoustic engineer based on projected traffic volumes provided by the Durham Region Planning Department and recommending noise attenuation measures for the draft plan in - accordance with the Ministry of the Environment guidelines. The Owner shall agree in the Municipality of Clarington subdivision agreement to implement the recommended noise control measures. The agreement shall contain a full and complete reference to .. the noise report (Le. author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall .. 41:+ - - - - - - - - - - - - - - provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 65. The Owner shall agree in the Municipality of Clarington Subdivision Agreement. to implement the recommendation of the report, entitled Traffic Noise and Rail Vibration Impact Study Draft Plan of Subdivision 18T-89059, fPart Lots 29 and 20, Concession 2, I Newcastle, Ontario prepared by HGC Engineering, dated October 11, 2002 which specifies noise attenuation measures for the development. The measures shall be included in the subdivision agreement and must also contain a full and complete reference to the noise report (Le. author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study. 66. 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 Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 67. On the final plan, the Owner shall identify a block of land within Block 420, to the satisfaction of the Region of Durham Works Department, for the purposes of a pumping station. 68. The Owner shall provide a 20 m wide access right-of-way from King Avenue West, on Block 420 to the future pumping station site, located on Block 420, as well as a 15 m wide watermain and sanitary easement from proposed Street "H" to the pumping station site. 69. The Owner agrees, prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 70. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. 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. - 71. That prior to final approval, the Owner shall submit to the Ministry of Transportation for their review and approval, a copy of an illumination plan and calculations. - 72. That prior to final approval, a 0.3 m reserve extending across the Highway 35/115 frontage be conveyed by deed to the Ministry of Transportation. - 73. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: - - 41~ I..) - a) The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997. - - b) The Owner agrees to fulfill the requirements of the Master Drainage Study as they apply to this site to the satisfaction of th'e Director of Engineering Services. The Owner agrees to carry out the works referred to in Condition 62 and Condition 63 to the satisfaction of the Ganaraska Region Conservation Authority. - - c) d) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Ganaraska Region Conservation Authority. - e) The Owner agrees to advise the Ganaraska Region Conservation Authority 48 hours prior to commencement of grading or the initiation of anyon-site works. - f) That the Builder include a disclosure in all purchase and sale agreements advising home buyers of municipal parking regulations, to the satisfaction of the Director of Planning Services. - ... g) The Owner agrees to place the following in all agreements of purchase and sale between the Developer and all prospective home buyers: - i) "Due to the proximity of this plan to 35/115 Highway and the Canadian Pacific Railway purchasers should be aware that traffic noise may interfere with some activities of the dwelling occupants." - ii) "Despite the noise control features implemented within the development and/or within the individual dwelling units, noise levels from the adjacent 35/115 Highway and the Canadian Pacific Railway may occasionally interfere with some activities of the dwelling occupants." - - jii) "Purchasers and tenants are warned of the existing of Canadian Pacific Railway's operated right-of-way; 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. .. - - iv) "Purchasers and tenants are notified that the berm, fencing and other noise attenuation measures are not to be tampered with or altered and further that the Owner shall have the sole responsibility for and shall maintain these measures to the satisfaction of St. Lawrence Hudson Railway." .. .. 416 .. - - - - - - - - - h) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operation in good repair during the construction period, in a manner satisfactory to the Director of Engineering Services and the Ganaraska Region Conservation Authority. Owner agrees to implement those noise cont~ol measures recommended in the Noise Report required in Conditions 65 and 66. i) j) The Owner agrees to install a noise attenuation barrier and/or a fence along the mutual property line with the Railway right-of-way to the satisfaction of the St. Lawrence and Hudson Railway. k) The Owner agrees to obtain prior concurrence from the Railway and to provide a drainage report to the satisfaction of the Railway for any proposed alterations to the existing drainage pattern affecting Railway property. I) The Owner agrees to construct a 1.83 metre high chain link fence along the common property line of the railway and the subdivision. The Owner shall also agree to include 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. 74. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality shall be advised in writing by: - - - - - - - - - - a) The Reqional Municipality of Durham, how Conditions 3, 4, 32, 60, 65, and 67 to 71 have been satisfied; b) The Ganaraska Reqion Conservation Authority, how Conditions 62 and 63 have been satisfied; c) The St. Lawrence Hudson Railway, how Condition 74 h) has been satisfied; d) The Kawartha Pine Ridqe District School Board, how Condition 64 has been satisfied; e) The Ministry of Citizenship, Culture and Recreation, how Condition 61 has been satisfied; f) The Ministry of Transportation, how Conditions 72 and 73 have been satisfied; g) The Ministry of the Environment, how Condition 60 has been satisfied. 4 1 -; I / .. NOTES TO DRAFT APPROVAL .. 1. If final approval is not given to this plan within six 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 Munidpality of Clarington well in advance of the lapsing date. .. .. 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. .. .. 3. In consideration of the number of conditions which require the developer to up front servicing and transportation infrastructure which benefits adjacent land owners, the Municipality will entertain the preparation of a front-end agreement, at 100% the expense of the Owner, in accordance with the Development Charges Act. All costs associated with the preparation of the agreement to be borne by the proponent. - .. 4. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. .. 5. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. - .. .. .. .. .. .. .. .. 418 .. - .. - - - - - - - - - - - 3. - 4. - - - - - ATTACHMENT 4 The Corporation of the Municipality of Clarington By-law Number 2003-_ being a By-law to amend By-law 84-63. the Comprehensive Zoning By-law for the Corporation of the Municipality of Claring~on. 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 Town of Newcastle to permit the development of a 50'1 unit plan of subdivision, 18T-89059; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto the following new Special Exception 13.4.32 as follows: "13.4.32 URBAN RESIDENTIAL EXCEPTION (R2-32) ZONE Notwithstanding Section 13.2, those' lands zoned R2-32 on the Schedules to this By-law shall be subject to the following zone regulations: a) b) lot Frontage (minimum) Setback from south lot line (minimum) 14 metres 7.5 metres" 2. Schedule "5" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One - Holding ((H)R1)" to "Environmental Protection (EP)"; "Urban Residential Type One - Holding ((H)R1)" to "Urban Residential (R1)"; "Urban Residential Type One - Holding ((H)R1)" to "Urban Residential Exception - (R1-20)"; "Urban Residential Type One - Holding ((H)R1)" to "Urban Residential Exception - (R1-42)"; "Urban Residential Type One - Holding ((H)R1)" to "Urban Residential Exception - (R1-43)"; "Urban Residential Type One - Holding ((H)R1)" to "Urban Residential Exception - (R2-5)"; "Urban Residential Type One - Holding ((H)R1)" to "Urban Residential Exception - (R2-12)" "Urban Residential Type One - Holding ((H)R1)" to "Urban Residential Exception - (R2-13)" "Urban Residential Type One - Holding ((H)R1)" to "Urban Residential Exception - (R2-32)" "Urban Residential Type One - Holding ((H)R1)" to "Urban Residential Type Three Holding - ((H)R3)" Schedule "A" attached hereto shall form part of this By-law. 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 day of 2003 BY-lAW read a second time this 2003 BY-lAW read a third time and finally passed this day of 2003 John Mutton, Mayor 4\9 Patti L. Barrie, Municipal Clerk This is Schedule" A" to By-law 2003- passed this day of , 2003 A.D. , ... ... < . ~~ --:..-- ~~:~ ~-~~-- /' , ~" ' "~~ ~ ,,' i\<;Is.~-;- l...... ,~ .' ~"'~"" '1->c..___ __ E~ ~ . ,-ill. ~"'" \' I' ""Illl. " '" -- ---- .............. ..... VC>I ... 1il.1~'" -_ -- IliIIlr.. ~ ~ _.,...", ............ -........... ~ ~I ~, ~, ~",,~ ~ Y<: ~'-.--.:::: .............. - .....& ~ ~ ----- ~ ::..':: liIO '" .................... .J.- ""N<.Y .....i - ----~ .............. ~P: S ~ \ ~: I ~ sm, 4l BiEB I ~ t'//:'" 'I > r--:- I - H ( ,..:...;E=R I Jj ~ I) ~_'~i ~~ __. ;/ ~ ~ .~ \.... "".1 ~%F~. ;11 r!i ---, . ;c~ (a.DCk4.14 --- fl-:l .. \ -~--.. i- t~1~;: ~ ~;:;~; . I~ ~ - -~j~ II . .. I" 'lA'''''. '....",',' \ -- _ .1 r=~' ,"""".'''.W''.'. ..~ ~ \ -.-.-.- . - ~ :::::: :::::.:., '" -- " _ -L I ~ ~ :: I ~ - ~:r '" - -- ~,._.~ -ft:-~s ~yV"' ., ~ . =~: ~~~~U - -:..":.:.-~.. I ~ /- - - 0 0 -. I '. \\ -= = ~~~ =--=-- :::?:;( D~O~O . ~~3Glo ~, _. :. -, ~~g-g~ . ~ Bl' V 1\1 ni~~ : \ ~ .-. ..l I , -~ ~ ~ .. 0'" ~~ I --- I FITI~ ~ ~L.,JI tJJ ::' g c.r' J[.t=.'=1, ~ ,.. LlillllJD 'Jf~' ~ ;~-~)~~ 1 i ~~, ~I JLH:t:J L 1-__'" ~________ ____ -.-.' ."",,,,.,,,,._...)~dj-=--_ .~. - ~;;--1C>'::;::------- - _...II:U.. ~'" -- "~.-.. --. - - . -.-=.::.. ~_ _~l~ilr, I '\ 1-' J .1 J .11 .1,.1 / I ~_~. r.' f,1lf=,f-ir IT I - - ... ... ... .:.:...:.' ... ... ... .. ... ... ... ... ... .. Zoning to Remainl(H)R1" ~ Zoning Change From "(H)R1" To" R1-43" ~ Zoning Change From I(H)R1" To IR1" ~ Zoning Change From "(H)R1" To "R2-5" rs:s.;t Zoning Change From "(H)R1" To IR1-20" ~::::::::::::l Zoning Change From "(H)R1" To "R2-12" ~ Zoning Change From "(H)R1" To IR1-42" ~:::::::::::::::::::::::::J Zoning Change From "(H)R1" To "R2-13" ~ Zoning Change From "(H)R1" To 1R2-32" ~ Zoning Change From "(H)R1" To "(H)R3" t~~~ Zoning Change From I(H)R1" To "EP" ... ... .. John Mutton, Mayor J 420 NEWCASTLE VILLAGE .. Patti L. Barrie, Municipol Clerk .. - Meeting: Date: - Report #: - Subject: - - - - - - 1. - 2. .. 3. - 4. .. - 5. - - - - - ClWillgtnn REPORT PLANNING SERVICES GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, October 20, 2003 PSD-132-03 File #: ZBA 2003-032, By-law #: ZBA 2003-033 and 18T-97003 AMENDMENT TO DRAFT APPROVED PLAN 18T -97003, REZONING AND PART LOT CONTROL APPLICATIONS TO REDUCE THE NUMBER OF RESIDENTIAL UNITS FROM 128 TO 109 PENWEST DEVELOPMENT CORPORATION LIMITED West of Mearns Avenue, South of Concession Street, Bowmanville RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-132-03 be received; THAT the amendment to Draft Approved Plan of Subdivision 18T-97003, submitted by Penwest Development Corporation Limited be APPROVED as shown on Attachment 3, subject to conditions contained in Attachment 4; THAT the application to amend Zoning By-law 84-63, submitted by Penwest Development Corporation Limited be APPROVED as contained in Attachment 5; THAT the request for Removal of Part lot Control with respect to Lots 1 to 9 inclusive, on Plan 40M-2094 be APPROVED and that the attached Part Lot Control By-law (Attachment 6) be PASSED pursuant to Section 50(7.1) of the Planning Act; and THAT the Mayor and Clerk be authorized by by-law to execute an amendment to the subdivision agreement between Penwest Development Corporation Limited and the Municipality for Draft Plan of Subdivision 18T-97003; 42i .. REPORT NO.: PSD-132-03 PAGE 2 .. 6. THAT the Authorization By-law as shown on Attachment 8 be APPROVED; and - 7 . THAT all interested parties listed in this report and any delegations be advised of Council's decision. .. .. Submitted by: .. vi Dire t CS*L T*DJC*df 10 October 2003 . rome, M.C.I.P. R.P.P. , Planning Services d~.j- Reviewed by: . L^-.S ~ .. Franklin Wu Chief Administrative Officer - .. .. .. .. - .. .. .. .. ... .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - 422 ... REPORT NO.: PSD-132-03 PAGE 3 - - 1.0 1.1 APPLlCA liON DEl AILS Applicant: Stephen Pustil of Penwest Development Corp. Ltd. Ron Albright, Totten Sims HLtbicki - 1.2 Agent: - 1.3 Amendment to Draft Approval Plan of Subdivision 18T-97003: From 28 lots with 18 metre frontages for 54 semi- detached/link dwellings to 40 lots with 12 metre frontages and 2 lots with 15 metre frontages for single detached dwellings. - - 1.4 Part Lot Control for 40M-2094: From 9 lots with 18 metre frontages for 18 semi- detached/link dwellings to 14 lots with 12 metre frontages for single detached dwellings. - 1.5 Amendment to the Zoning By-law: To change the current zoning on the unregistered portion of - Draft Approved Plan of Subdivision 18T -97003 and 9 Lots on registered plan 40M-2094 from "Urban Residential Type (R1) Zone" to an appropriate zone to permit the development of - single detached dwellings on lots with 12 metre frontages. 1.6 Site Area: 1.84 hectares (4.54 acres). .. 2.0 LOCATION - 2.1 The lands subject to the amendments are located west of Mearns Avenue, south of Concession Street, being Part Lot 9, Concession 1 in the former Town of .. Bowmanville (Attachment 1). - 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The lands subject to the amendments are currently vacant. - 3.2 Surrounding Uses: North - - South - East - West - Residential and vacant lands subject to an application for Site Plan approval for commercial development Residential Residential Open space and residential - - - 423 - REPORT NO.: PSD-132-03 PAGE 4 4.0 BACKGROUND 4.1 In June 1997, the Region of Durham issued Draft Approval for Plan of Subdivision 18T-97003. It was Draft Approved for 128 residential units consisting of 34 lots for single detached residential units, 47 lots for 94 semi/link residential units, a park and open space block. A portion of the plan (46 lots) was registered in June 2002, being 40M-2094. To date,18 building permits have been issued in the first registration. 4.2 On July 22, 2003 Staff received applications to amend Draft Approved Plan of Subdivision 18T-97003, and Zoning By-law 84-63. An application for Part Lot Control was also received for nine of the lots in registered plan 40M-2094. The applicant wishes to revise a number of lots in the unregistered portion of the Draft Approved Plan and a portion of the Registered Plan, which were originally approved as lots for semi/link dwellings to lots for single detached dwellings. The proposed change results in an overall reduction of 19 units from 128 units to 109 units. 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Reqion Official Plan The lands are designated as "Living Area" within the Durham Regional Official Plan. Lands designated as Living Area permit the development of communities with defined boundaries, incorporating a variety of housing types, sizes and tenure. The proposed uses conform to the Plan. The subject property is bounded by Concession Street and Mearns Avenue, which are designated as Type "C" Arterials. 5.2 Clarinqton Official Plan IIllIII .. .. .. .. .. .. .. .. .. .. IIllIII - In the Clarington Official Plan, the subject lands are designated as Urban Residential, in the Bowmanville Urban Area. The use of land in this designation is predominantly for single and semi-detached housing. The lands are within the .. Vincent Massey Neighbourhood, which has a population allocation of 4400 and a housing unit target of 1025. The proposed uses conform to the plan. 6.0 ZONING BY -LAW .. .. 6.1 Within Comprehensive Zoning By-law 84-63, as amended the lands are zoned "Urban Residential Type One (R1) Zone". A zoning by-law amendment is required to implement the proposed amendments as requested. IlIIiII 424 IlIIiII .. - 7.0 - 7.1 - 7.2 .. 7.3 - - - REPORT NO.: PSD-132-03 PAGE 5 PUBLIC MEETING AND SUBMISSIONS A Public Meeting was held on September 22, 2003. No one spoke in opposition or in favour of the proposed amendments. ,', Two telephone inquiries were received prior to the Public Meeting. Mrs. Piper who resides on Mearns Avenue inquired about the yard setbacks of the new homes in proximity to her property. Another area resident requested additional park space be dedicated as a condition of approval. Staff advised the resident that the developer had dedicated 2.67 hectares of park and open space lands as a condition of draft approval in 1997. This land dedication represented the 5% parkland requirement under in the Planning Act. 8.0 AGENCY COMMENTS - 8.1 The following agencies provided comments. 8.2 The Clarington Emergency and Fire Services has offered no objections. - 8.3 On September 11, 2003 the Engineering Services Department provided the following comments: _. - - - - - - - - - . Both Mearns Avenue and Concession Street East are designated as Type "C" Arterials in the Clarington Official Plan. A 14m X 14m site triangle will be required at the intersection of Mearns Avenue and Concession Street. The applicant must also demonstrate that the amended draft plan will be compatible with the future development of the adjacent lands to the west. . The applicant must provide a revised Servicing Plan in support of the application. The Plan must show the location of all existing services and indicate what relocated services will be required, what new services will be required and how the abandoned services will be removed for the amended plan. Further comment on the plan will be reserved until these items have been addressed. On September 29, 2003, Engineering Services Department advised that the original draft plan did not include lots at the corner of the Mearns Avenue and Concession Street. Although the revised plan does show future lots in this location, the applicant's agent has confirmed that these lots are not included in the proposal. As such, the comments from the Engineering Services Department relating a site triangle, are not applicable at this time. The applicant has provided a revised Site servicing plan in support of the application. The Engineering Services Department has reviewed the drawings and have advised that their previous concerns have been met. 425 REPORT NO.: PSD-132-03 PAGE 6 8.4 Central Lake Ontario Conservation Authority offered no objections to the amendment to the draft approved plan, however, the Authority's previous conditions of Draft Approval still apply. Staff would note their conditions of approval, as previously issued are contained in the existing subdivision agreement. 8.5 The Region of Durham Planning Department noted that the proposed amendment to draft approval was reviewed in accordance to the Provincial Interests and Delegated Review Responsibilities. The Region is requesting an addendum to the Noise Impact Report to reflect the proposed amendment to draft approval. A change to the wording in the previous Conditions of Draft Approval would not be required. Again, staff would notice, the revised noise report will be provided through the implementation of the subdivision agreement. 8.6 The Region of Durham Works Department noted that the services were installed as part of Regional Agreement. Due to the reduction in the units on Dadson Drive the developer will be required to terminate all extra sets of connections as directed by the Region's Construction Division. For the remaining lands subject to the draft plan amendment application, the extension of services through an amendment to the Region's Subdivision Agreement. 8.7 The Peterborough-Victoria-Northumberland and Clarington Catholic District School Board is working towards designating a new school site for an elementary school to deal with overcrowding at St. Elizabeth Elementary School. The Board has required that the Municipality extend the period for comment on the subject application to October in order that the Board may be in a better position to assess related implications. 9.0 STAFF COMMENTS 9.1 The applicant wishes to amend the unregistered portion of the Draft Approved Plan, and 9 lots in the registered portion to permit the balance of the subdivision to develop as single detached dwellings rather than semi/link detached dwellings. 9.2 Proposed changes to the road configuration are not required as a result of the revisions to the lot configuration. However, services have been installed on Dadson Drive to service semi/link detached dwellings in the registered portion of the Plan. The applicant has addressed how the abandoned connections will be removed to the satisfaction of the Engineering Services Department. 9.3 The Peterborough-Victoria-Northumberland and Clarington Catholic School Board has requested additional time to comment in order to assess what impact it would have on the capacity of St. Elizabeth's Separate Elementary School. To date, a response has not been received. 426 ... lIIIIII .. IIllIII .. - ... .. .. ... ... .. ... IIllIII - .. .. .. .. REPORT NO.: PSD-132-03 PAGE 7 - .. 9.4 Mr. Joel Sloggett, Planning Manager for the School Board, in discussing this issue with staff, acknowledged the revisions to the draft plan would result in an overall reduction of 19 residential units. Inasmuch, as an objection was not offered by the School Board when the draft plan was initially approved by the Region of Durham, Planning staff are satisfied the approval of the redline revision is appropriate at this time. - .. 9.5 Finance Department advises that there are no taxes owing on the subject lands. - 10.0 CONCLUSIONS AND RECOMMENDATIONS - 10.1 The proposal does not vary much from what was previously draft approved in 1997. The street configuration and the location of the lots will remain the same. The number of lots is the only difference proposed in the amendment for draft approval. - 10.2 In consideration of the comment received from circulation agencies and review of the proposal, staff recommend: · Amending Draft Approval for Draft Plan of Subdivision 18T-97003 · Rezoning the subject lands within the Plan of Subdivision; and · Approving the removal of Part Lot Control on Lots 1 to 9 on Plan 40M-2094. .. .. - Attachments: Attachment 1 - Key Map for amendment to Draft Approved Plan Attachment 2 - Key Map for Removal of Part Lot Control Attachment 3 - Amendment to Draft Approved Plan Attachment 4 - Conditions of Draft Approval Attachment 5 - Zoning By-law Amendment Attachment 6 - By-law for Removal of Part Lot Control Attachment 7 - Unit Type and Number Summary Table Attachment 8 - Authorization By-law .. - - Interested parties to be notified of Council's decision: - Stephen Pustil Penwest Development Corporation Limited 390 Bay Street, Suite 1710 Toronto, ON M5H 2Y2 Ron Albright Totten Sims Hubicki 513 Division Street Cobourg, ON K9A 5G8 - - - - 427 ATTACHMENl j .. 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The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T-97003, prepared by G.M Sernas & Associates Limited identified as Project Number 97003, dated January 1997, revised May 1997 and revised October 20th 2003 which illustrates 89 single detached dwellings, 10 lots for 20 semi/link detached dwellings, blocks to be developed as parks and open space, roads, road widenings, and 0.3 metre reserves. - - Notes to Draft Approval - 1. If final approval is not given to this plan within three 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. - - 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. - - 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. - - - - - - 431 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- being a By-law to amend By-law 84-63, the Comprerensive 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 Corporation of the former Town of Newcastle to implement proposed draft Plan of Subdivision 18T-97003; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential (R1) Zone" to "Urban Residential (R2) Zone". 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2003 BY-LAW read a second time this day of 2003 BY-LAW read a third time and finally passed this day of 2003 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 432 ATTACHMENT, - IIllIII .. .. .. - .. - .. .. .. .. .. IIllIII - .. IIiI .. - This is Schedule "A" to By-law 2003- passed this day of 2003 A.D. - CONCESSION STREET EAST .' - I '! T LI i' ~ > cr . o. Ii zl !. 0 C/) ""I'm J. - , , I ~ '" - 1".0- r " Ii ~ 11)i Lli ~ "! z i W ~ C/) z i ~ ; IL~ ,- I I ! ~ i I . ~ ~ i ~, 'Ii :l,,' i II I, I DADSON DRIVE - DADSON DRIVE .. - .! - - - ~ Zoning Change From "R 1" to "R2" 1 <:}I Zoning to Remain "R 1" - John Mutton, Mayor Patti L. Barrie, Mun;c:~c >erk .. ffijg]m mJ CONCESSION STREET EAST ili 8~ ~ ORR CRT. 8~ Subject Site [ - - - - - Bowmanville - 433 1\1 11\'-'MMCn 1 0 .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- .. being a By-law to exempt a certain portion of Registered Plan 40M-2094 from Part Lot Control \ .. IIllIII WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control Lots 26 to 34 inclusive, Plan 40M-2094; ... NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: - 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. .. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: - .. a) Lots 1 to 9 inclusive, Plan 40M-2094. .. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of two (2) years ending on November 20, 2005. - .. BY-LAW read a first time this day of 2003 .. BY-LAW read a second time this day of 2003 - BY-LAW read a third time and finally passed this day of 2003 - John Mutton, Mayor ... .. Patti L. Barrie, Municipal Clerk .. 434 - - ATTACHMENT 7 ,I - PART LOT CONTROL EXEMPTION BY-LAW UNIT TYPE AND NUMBER SUMMARY TABLE - - Unit Type (Number) Lot 1 Single from Semi/Link Reduced by 1 - Lot 2 Single from Semi/Link Reduced by 1 Lot 3 Single from Semi/Link Reduced by 1 - Lot 4 Single from Semi/Link Reduced by 1 Lot 5 Single from Semi/Link Reduced by 1 - Lot 6 Single from Semi/Link Reduced by 1 Lot 7 Single from Semi/Link Reduced by 1 - Lot 8 Single from Semi/Link Reduced by 1 Lot 9 Single from Semi/Link Reduced by 1 .. Total: Reduced by 9 - - - - - - - - 435 . ATTACHMEN18 -' CORPORATION OF THE MUNlCIPALlTY OF CLARINGTON BY-LAW NUMBER 2003- - being a By-law to authorize entering into an Amending Agreement with the Owners of Plan of Subdivision 18T-97003 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-97003 - - WHEREAS, Council on April 15, 1997, approved draft Plan of Subdivision 18T-97003, located in Part Lot 9, Concession 1, former Town of Bowmanville and authorized the execution of a subdivision agreement with the Owner; - .. AND WHEREAS, Council on October 20, 2003, approved revisions to draft Plan of Subdivision 18T-97003, and authorized the execution of an amending subdivision agreement; .. AND WHEREAS, the Owner(s) of draft Plan of Subdivision 18T-97003 is now ready to proceed to finalize the amending subdivision agreement; - NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: - .. 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's seal, an amending Agreement between the Owners of Plan of Subdivision 18T- 97003; - 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality, the said conveyances of lands required pursuant to the aforesaid Agreement. .. - BY-LAW read a first time this day of 2003 BY-LAW read a second time this day of 2003 .. BY-LAW read a third time and finally passed this day of 2003 - - John Mutton, Mayor .. Patti L. Barrie, Municipal Clerk .. 436 - Q![-ilJgton REPORT PLANNING SERVICES - - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 20, 2003 - Report #: PSD-134-03 File #: PLN 12.6.3 By-law #: - Subject: KING STREET EAST CORRIDOR STUDY: IMPLEMENTATION OF RECOMMENDATIONS - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-134-03 be received; - 2. THAT the implementation approach identified in Report PSD-134-03 be endorsed in principle; - 3. THAT Recommendation 8 of the capital program be referred to the 2004 Budget process 4. THAT Recommendations 9 to 18 of the capital program be referred for consideration and inclusion in the next Development Charge update and future capital budgets; .. 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. .. Submitted by: Reviewel .. Submitted by: D i J rome, MCIP, R.P.P. Director of Planning ServiOOS\ ~~/JJ~ A.S. Cannella, Director of Engineering Services a linWu, Chief Administrative Officer - - DJC*TC**sn October 9, 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 437 REPORT NO.: PSD-134-D3 .. PAGE 2 - 1.0 BACKGROUND 1.1 Urban Strategies Inc. and Totten Sims Hubicki presented the findings of their work with .. respect to the King S1. East Corridor Study to th~ General Purpose and Administration Committee on September 22nd, 2003. The King Street East Corridor Study: Final Report, submitted through report PSD-115-03, was received by Committee and Council .. and referred back to staff for further review of the recommendations and a report back to Council. 1.2 At that same meeting, staff was authorized to hold a Public Meeting on an Official Plan Amendment and a Zoning By-law Amendment to implement the recommendations of the report. These amendments will be considered at a public meeting today through _ Report PSD-133-03. - 1.3 The purpose of this report is to review each of the recommendations by the consultant .. team and address the means by which each recommendation should be implemented or considered for implementation. There was some overlap in the recommendations, specifically in the capital priority initiatives and the transportation recommendations, so _ any duplication has been removed. The recommendations are numbered for ease of reference - 2.0 PLANNING AND TRANSPORTATION RECOMMENDATIONS Recommendation 1 .. Revisions to the Official Plan Recommendation 2 Revisions to the East Main Central Area Secondary Plan _ Recommendation 3 Revisions to the Zoning By-Law Recommendations 1 to 3 are addressed in Report PSD-133-03. Proposed Amendment No. 36 to the Clarington Official Plan includes revisions to the Official Plan and the East Main Central Area Secondary Plan which adopt most of the revisions proposed by the _ consultants. The report also recommends an amendment to the Zoning By-law 84-63 to implement most of the consultant's recommendations. If the recommendations in Report PSD-133-03 are adopted, the consultant recommendations 1 to 3 will be .. completed. - Recommendation 4 Regulations of Drive-Throughs - The consultants recommend that drive-through restaurants and other drive -through uses be regulated primarily through zoning powers. Specifically, they recommend that drive-through facilities be permitted in the King Street East Corridor Study Area subject to zoning criteria and other site plan guidelines. They also recommend that the Municipality retain and implement through zoning its current Official Plan policy prohibiting drive-through facilities in Downtown Bowmanville. They propose changes to the zoning and additional criteria for site plan review. 438 .. .. .. - REPORT NO.: PSD-134-o3 PAGE 3 - - - - - .. - 4) - - It is proposed that drive-through facilities be addressed in several stages: 1) Drive-through facilities within the Study Area The zoning amendments proposed for the Study area include provisions for drive-through facilities that are applicable only for the Study Area. It is anticipated that they will be adopted at this meeting. 2) Site Plan Review Guidelines Using the recommendation from the consultants, staff will prepare Site Plan Review Guidelines for the evaluation of drive-through facilities across the Municipality. This document for site plan review evaluation should be available for the consideration of the new Council as soon as possible. 3) Drive-through Prohibition Areas The Official Plan prohibits drive-through businesses within the 'historic" downtown areas of Bowmanville and Newcastle. A separate zoning amendment will be prepared to implement the drive-through prohibition areas in accordance with the approved Official Plan in the first quarter of 2004. Drive-through zoning regulations for the balance of the Municipality Zoning regulations similar to those adopted for the King Street Corridor will be considered for extending to the balance of the Municipality. It is anticipated that there may be some modification for different areas (urban or rural; industrial or commercial areas). These zoning regulations may be introduced through the zoning by-law review. - Recommendation 5 Urban Design Plan and Guidelines Report PSD-133-03 provides recommendations for approval of the Urban Design Plan and Guidelines for the King Street East Corridor. If approved the Urban Design Plan and Guidelines would be displayed as an Appendix to the Bowmanville East Main Central Area Secondary Plan. .. - Recommendation 6 Revisit the functional classification of Simpson Avenue in the next Official Plan Review - The consultants suggest that Simpson Avenue should be considered for designation as a Type C arterial road through the next Official Plan Review. With the northerly extension of Simpson Avenue, an improved connection with Baseline Road to be built and the volume of traffic currently utilizing Simpson Avenue, its function role within the Bowmanville transportation network is evolving. Staff concur with this recommendation and will address this issue in the next Official Plan Review. .. .. - - 439 REPORT NO.: PSD-134-o3 - Recommendation 7 PAGE 4 Traffic impact studies should be required as new developments are proposed - The consultants recommend that traffic impact studies should be required in the context _ of the new road and traffic control requirements identified in the Study and to confirm that the development proposal is consistent with the access management plan. Staff concur with this recommendation. A specific policy has been incorporated into the _ Bowmanville East Main Central Area Secondary Plan. Any future development ' application will be required to submit studies to identify how the proposal implements the Official Plan, how it will be consistent with the ultimate transportation and access _ management plan for this area and how it will impact the operation, safety and capacity of the road system. - 3.0 PRIORITY CAPITAL INITIATIVES - SHORT TERM Traffic data collected and analyzed as part of the King Street East Corridor Study identified that traffic signals are justified at the intersection of King Street East with Galbraith Court and the entrance to the Bowmanville Mall ~ As it is not prudent to signalize the intersection because of the proximity of the existing traffic signals at King Street and Simpson Avenue, the Corridor Study recommends the construction of a new signalized intersection further to the east in front of the Strathaven Life Care Centre. The new intersection will provide controlled access to the King Street Corridor for patrons of the Bowmanville Mall while also providing for improved pedestrian movement between the mall and the Strathaven Life Care Centre. The existing mall access opposite Galbraith Court will be restricted to right in only. As signal justifications are currently met this project should be prioritised for inclusion in the 2004 Capital Budget. The recommended funding source for the work is the Development Charge account. Design of the improvements should commence immediately so that construction can occur in a timely fashion in 2004. Recommendation 8 Recommendation 9 Recommendation 10 Recommendation 11 Recommendation 12 - New traffic signal on King Street East at the Strathaven Life Care Centre/Bowmanville Mall. - - - - ... .. New traffic signal on King Street at St. George Street. - Developing a landscaped median on King Street generally between Simpson Avenue and Mearns Avenue. Restriping of traffic lanes on King Street between Liberty Street and Simpson Avenue including design modification to improve the transition between the four lane and two lane basic road sections. - - Pedestrian and streetscaping improvements on King Street between Liberty Street and Mearns Avenue. - .. 440 .. REPORT NO.: PSD-134-03 PAGE 5 Recommendation 13 - - .. - - - 4.0 PRIORITY CAPITAL INITIATIVES - LONG TERM - Recommendation 14 Extension of Church 'Street east from St. George Street to connect with Galbraith Court. - Recommendation 15 Restoration of the street edge and sidewalk on the west side of Frank Street south of King Street. - Recommendation 16 Extension of Queen Street east to intersect with Frank Street - Recommendation 17 Planting of street trees along King Street East, and also along St. George Street between King and Queen Streets. - - Recommendations 14 to 17 are capital works intended to strengthen both vehicular and pedestrian transportation network supporting King Street East and to reinforce the streets cape improvements established as part of the short term capital initiative program. As with the short term initiatives these projects must be considered when reviewing development applications to ensure potential right-of-ways are protected and that proposed development applications are consistent with the long term vision of King Street East from a transportation and urban design perspective. Preliminary designs should be prepared over time as resources become available and the individual projects considered for inclusion in the 2005 development charge update. - - - Recommendation 18 Development of a rear lane on the block southwest of King and Liberty Streets. - Recommendation 18 is intended to deal with the parking and access problems for the older townhouses which face Liberty Street. The lack of parking for these units exacerbates the traffic problems in the area in light of increasing traffic volumes. The 441 - - REPORT NO.: PSD-134-o3 PAGE 6 consultants recommended the acquisition of lands behind the townhouses in order to provide a laneway access and thereby removing the current boulevard parking areas. This would allow for road improvements that would address capacity, safety and operational requirements on Liberty Street and improve the aesthetics of the area. There is opportunity to work on this initiative with the Region through the Community Improvement Project discussed under Recommendation 21. - - - Recommendation 19 Creation of a paved recreation trail within the Soper Creek valley within the East Main Central Area. - The consultants recommend the creation of a paved recreation trail for the portion of the Soper Creek tributary which forms the northeast boundary of the East Main Central Area. In addition to strengthening the pedestrian transportation network., the trail system would provide an amenity for the higher density housing identified in the residential precinct in the Study Area. This trail segment should be completed subsequent to the main trail system planned for the Soper Creek valley. Preliminary designs should be prepared over time as resources become available and this project should be considered for inclusion in the 2005 development charge update. - - - 5.0 OTHER INITIATIVES - Recommendation 20 Exercise the access management powers granted to the Municipality under the Municipal Act, 2001. - Early in the term of the new Council, staff will report on the exercise of the Municipality's access management powers under the Municipal Act for King Street East. - Recommendation 21 Consideration of financial incentives to encourage the redevelopment of private properties along King Street East. - Financial incentives are increasingly recognized as being important tools to encourage the right type of development, particularly in brownfield and grayfield situations. The two incentives identified by the consultants will require more detailed evaluation. - - Planning and Engineering Services are currently working on terms of reference for a Community Improvement Project (CIP) for the Bowmanville Main Central Area. The Community Improvement Project Area includes both the Historic Downtown and the East Business District. The CIP Study will include a review of incentives such as grant and loan programs for fire and building code improvements, fa9ade improvements, etc. Some of these situations may be applicable in the East Business District. There are certain projects such as the laneway for Liberty Street townhouses (Recommendation 18) which may be identified for funding and implementation through the project plan. The report on a CIP for the Bowmanville Main Central Area will be presented at the December 8th General Purpose and Administration Committee. - - . .. 442 , , I ,~. -; ':~ '., ~ ' f' ", ~= ,,-,,' , .' \:' ;~: ,'.,.', - REPORT NO.: PSD-134-03 ~. " ':. ;'_',', ,l, "" PAGE 7 ':-, , " '. .." 'I.. :~". ,! . ,,-'. ~ 1;-', ;'; ';,~', ,,\'. .. . ' , "'.'." ','". ".", '~~: ',,'_ ' _ ~ ;' "l!.~"'. :'-" '~"':'. ' "',,_',, .". .,; . The . second,' rtl~C~c3~,i~m'~ Rf9P'Qis?~:was ,~,~wa,iv~r, p.~.' gE;l,vel~p:ment' charges. Th.e Clanngton Development Charges.. By-law. will be reVIewed In, 2004-2005. It IS recommended that the ,terms of"ref~r~pqe fpr ~he', D~'y~1'9prnEmt G,harge upd~te include an examinatjon of exemptipos 9ro~he.(it1centiv,esinjh~,.,' application Of development charges that assist' to: strengthen,arldenvourpgti certain.Jran~lt~suPP9rtive forms of development and redevelopment ~ithini Mai~,C~ntr~1 Areas'. ' . ! "., Recommendation 22 ':: E~t~nd'th~e,xistih'gBo~'ri,an~i,,~ Business Improvement Area (BIA)or create a new one'to cover the King Street East Corridor and facilitate investment. - - - - The recommendation to establish a BIA to help in the process of redevelopment and facilitate development in partnership with the Municipalityhas merit. It is likely that this can best occur as a sepa.rate. BIA frqm the Downt<;>wn, since many, of the, issues will be . different. Iris recommenq,e(jOthatthisJnitia~jve'be 'explored as a IOwerpriorityinitiative in light of competing6bjectives.\ '" "'" " ,', " - - 6.0 CONCLUSION i ;7::, ~:>: " .;::!': 'l':~'~ . \ .' ,\' " ',';;'i'.,: ~ I. :-,- " .. " .~, :.; ,', :,) ;", t.: :,~' ; 'j :: j: "'" . , - This report addresses thEf'recommendations of the consultant team presented in the King Street East Corridor Study: Final Report and identifies a process for their implementation. To achieve the vision represented in Official Plan Amendment 36 for the King Street East Corridor, a broad range of public and private investments will be necessary. Individual development proposals and municipal capital investments will help to achieve the municipal planning and transportation objectives for this area. It is recommended that the proposed approach to each of the recommendations be approved in principle and that the capital projects be referred to future budget and development charge deliberations. .. - - List of interested parties to be advised of Council's decision: - J. Murphy 16 Galbraith Street Bowmanville, Ontario L 1 C 4P7 Mr. & Mrs. C. M. Morgan 31 Parkway Crescent Bowmanville, Ontario L 1 C 1 B9 Caroline Charman Rick McKey 2 Albert Street Oshawa, Ontario L 1 C 1 G7 - - Lorraine Pettit 2800 Courtice Road Twh. 73 Courtice, Ontario L 1 E 2M5 Evylin Stroud 89 Little Avenue Bowmanville, Ontario L 1 C 1 J9 Ron Hooper 34 King Street West Bowmanville, Ontario L 1 C 1 M2 - - W.A. Roe 33 Hobbs Drive Bowmanville, Ontario Greg & Joan Adams 17 Frank Street Bowmanville, Ontario L 1 C 2J5 _ - 44) AI Arsenault 174 Simpson Avenue Bowmanville, Ontario L 1 C 2J 1 - REPORT NO.: PSD-134-03 Tony Stone 132 Wellington Street Bowmanville, Ontario L 1 C 1 N1 Linda Draper 23 Orchard Park Drive Bowmanville, Ontario L 1 C 4E3 Donna & Dan Hopkins 28 Hobbs Drive Bowmanville, Ontario L 1 C 3X4 Susan Jones 219 King Street Bowmanville, Ontario L 1 C 4M9 Chris Kooy Bowmanville Lakeridge Health 47 Liberty Street South Bowmanville, Ontario L 1 C Mr. George Tzalis 591617 Ontario Ltd. 13 Bruntsfiled Street Courtice, Ontario L 1 E 1 B4 Mr. Mark Bradley Tim Hortons TDL Group 874 Sinclair Road Oakville, Ontario L6K 2Y1 Stephen J. D'Agostino Suite 3100 390 Bay Street Toronto, Ontario Mr. Marvin Green LE Group 23 Lesmill Road, Suite 401 North York, Ontario M3B 3P6 Richard Kershaw 4 Liberty Street South Bowmanville, Ontario L 1 C 2N2 Janet Rice and John Rice 65 Concession Street West Bowmanville, Ontario L 1C 1Y7 S. Pridie 19 Orchard Park Drive Bowmanville, Ontario L 1 C 4E3 C. Loenderman 15 Frank Street Bowmanville, Ontario L 1 C 2J5 Grant Keunkoo Lee 239 King Street Bowmanville, Ontario L 1 C 1 K6 R. James Suderman Priszm Brandz 101 Exchange Avenue Vaughan, Ontario L4K 5R6 Mr. John Sewchuk Royal LePage Frank Real Estate 39 Temperance Street Bowmanville, ONt Mr. Stanley Makuch Cassels Brock & Blackwell 2100 Scotia Plaza 40 King Street West Toronto, Ontario M5H Mr. Joe Gerrits Gerr Holdings Limited 3386 Solina Road North Courtice, Ontario L 1 C 3K4 444 - PAGE 8 Gail Wensink 205 Sprucewood Drive Bowmanville, Ontario L 1 C 2H3 - .. M. Richards 252 King Street East #205 Bowmanville, Ontario L 1C 1 R1 Dianne And Dawson Michaelis 31 Ashdale Crescent Bowmanville, Ontario L 1C 3M8 - - - - Bill & Marian Burgess 32 Prince Street Bowmanville, Ontario L 1 C 1 G5 - Elliott Tremeer 34 Cole Avenue Bowmanville, Ontario L 1 C 1 K6 - - Ms. Patricia Dean 45 Hobbs Drive Bowmanville, Ontario L 1 C 3R9 - - Daniel Dumont Le Groupe"Jean Coutu (PJC) Inc. 530, rue Beriault Longueil, PQ J4G 1 S8 _ Mr. Douglas Bundy A&P Properties Limited PO Box 68, Station A Toronto, Ontario M5W 1 A6 - - .. Violet Cook 294 King Street E Bowmanville, Ontario .- L 1 C 1 P9 iii - REPORT NO.: PSD-134-o3 PAGE 9 - Ray Shepherd David Zhai 294 King Street E 68 King Street E Mel Green Courtice, Ontario Apt. 303 Lakeridge Health Oshawa - L 1 C 1 P9 Bowmanville, Ontario 'i L 1 C 3N2 Colin Chamberlain Johanne Holmes Rudy Buczolits - 11 Hobbs Drive 7 Lambert Street 7601 Keele Street Bowmnaville, Ontario Bowmanville, Ontario L1C Vaughan, Ontario L 1C 3R8 2K9 - Junia Hodge George Moore George Tzalis - 10 Mearns Ave 9 Church Street 13 Bruntsfield St. Bowmanville, Ontario Bowmanville, Ontario Courtice, Ontario L 1 C 3K5 L 1C 1SS2 L1E 1B4 - R. Wharmby Greg & Joan Adams L.A. Parker 28 Deerpark Cres. 17 Frank Street 26 Ashdale Cres. - Bowmanville, Ontario Bowmanville, Ontario L1C Bowmanville, Ontario L 1 C 3M3 3K5 L 1 C 3M9 - Sheila Hall D Hartford Clarington Board of Trade 19 Saunders Avenue J. Dale 181 Liberty St. S Bowmanville, Ontario Sutton Group - Bowmanville, Ontario L 1C L 1 C 2A6 3Z2 J. Wilson John Buddo Trevor Small - 3694 Golf Course Road 246 King Street 53 Brown Street Bowmanville, Ontario Orono, Ontario Bowmanville, Ontario L 1 C 2R5 LOB 1 MO - Harry & Marlene McCall A Rice L & W Grant - 217 Conestoga Crt. 62 Prospect Street 23 Simpson Avenue Oshawa, Ontario Bowmanville, Ontario Bowmanville, Ontario L1G 1B7 L 1 C 3H2 L 1 C 3M5 - John Shewchuk J. Rice Charles Cattran Royal LePage Frank Real 4 St. George Street 222 King Street East Estate - Bowmanville, Ontario Bowmanville, Ontario 39 Temperance Street L 1 C 2K6 L 1 C 1 P6 Bowmanville, ON L 1C - - - - Bryce Jordan Stephanie Bottero Ron Petch Weston Consultingh Sernas & Associates 8 Queen Street 201 Millway Avenue, Unit 110 Scotia Crt., Unit 41 - Whitby, ON L 1 N 8Y7 Bowmanville, ON L 1 C 1 L8 19 Vaughan, ON L4K 5K8 445 - - - - - - - - - - - - - .. - ... - ... ... - Cl!J!ilJgtnn REPORT PLANNING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, October 20,2003 - Report #: PSD-136-03 File #: ZBA 2003-047 By-law #: - Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: ASPEN SPRINGS WEST LTD. (KELVIN WHALEN) .. RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-136-03 be received; - 2. THAT the application submitted by Aspen Springs West Ltd. (Kelvin Whalen) to remove the Holding (H) symbol be APPROVED for Lots 41 to 59 and Blocks 81, 82 and 83; - 3. - 4. - THAT the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in this report and any delegations be advised of Council's decision. - Reviewed byG ~'---.,J ~ Franklin Wu Chief Administrative Officer - EC*DJC*lw October 15, 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 446 - REPORT NO.: PSD-136-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Aspen Springs West Ltd. (Kelvin Whalen) 1.2 Rezoning: Removal of "Holding (H)" symbol. 1.3 Location: Part of Lot 16, Concession 1, former Township of Darlington (Attachment 1). 2.0 BACKGROUND 2.1 On October 10, 2003, Staff received an application from Aspen Springs West Ltd. (Kelvin Whalen) for the removal of the "Holding (H)" provision on Part of Lot 16, Concession 1, former Township of Darlington, on Part of Part 1 of Plan 40R- 18975. 3.0 STAFF COMMENTS 3.1 The "Holding (H)" symbol affects all lots and blocks on Draft Plan 18T90050. The applicant has entered into a subdivision agreement with the Municipality of Clarington and there are sufficient financial guarantees for completion of the subdivision. 3.2 At this time, Kaitlin and staff are working towards arrangements for the acquisition of the Go Station site as part of the entire Aspen Springs development. A partial release through the lifting of the "H" symbol on 21 lots/blocks would enable the developer to commence construction of homes at such time as the subdivision is registered and road works are completed. A subsequent by-law will need to be passed for the balance of the subdivision. 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol, as shown on the attached by-law and schedule (Attachment 2), is recommended. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of "Holding (H)" 447 - - - - - - - - - - - - .. - - - .. - REPORT NO.: PSD-136-03 PAGE 3 - Interested parties to be notified of Council's decision: - - Kelvin Whalen Aspen Springs West Ltd. 1029 McNicoll Avenue Scarborough, ON M1W 3W6 - - - .. - - - .. - .. - - - - 448 - \ ~ !!i u; \ : \ "'- 1. ",Cl' ~ ? 00 "\J 0- ~ 0 ~ -Ill 5 5J5.1~ 5 ~ :;.'>* , -I ~ --t .1....-' ~ _ - - - <f' "'4" ~Ir:: Rf;rr~DI ....PL~N 4OM-1864 Cl" \"""NllZ. P\.AII_~l'r.SJlI ~ 'f ,~ BOTlREU. ~ ~b.9~~ I, ~O:~ SlREET ",Cl ! SlREET ~\ <'0- ',~ ",<S- l' 'O/'''o'~ G,.. ,.-;;..\ ",Cl ~- ~~ 5 ~ ~ ~ ~ S S ,.., ~~ '0' ~~ .1: i ~~ ;; 00 " 0> '" .... 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'tl ~ LOT 13 - LOT 9 i'i !!l ~ I"T'I o i!I! j$j .. I-- LOT 8 .. LOT 6 - 50 I N7n9''''"r .IL'" 49 N7T2fm .)2.421 ~ 0\8 ~ N7T2lI'30"r ~ 47 N7T2lI'~ ~ """ ...,,, LOT 5 LOT 4 ... o "" I ~ en .. LOT 3 LOT 2 ---1 LOT 1 I 'l~ L L ~LOCK 9~ ~}.'2~~p S1A[[1 """" - - .. ZBA 2003-047 Zoning By-law Amendment (Removal of Holding) - .. Owner: Kelvin Whalen Aspen Springs West Ltd. 449 .. .. A I I A\.iHMt:N I l - CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW NUMBER 2003- - being a By-law to amend By-law 84-63, 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 Corporation of the former Town of Newcastle to implement lBA 2003-047; - NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: - 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: .. - Holding-Urban Residential Exception ((H)R1-41) Zone Holding-Urban Residential Type Three ((H)R-3) lone To: Urban Residential Exception (R1-41) Zone Urban Residential Type Three (R3) Zone - - 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. - - BY-LAW read a first time this day of 2003 BY-LAW read a second time this day of 2003 - BY-LAW read a third time and finally passed this day of 2003 - - John Mutton, Mayor - Patti L. Barrie, Municipal Clerk - 4SQ .. This is Schedule "A" to By-law 2003- passed this day of !I 2003 A.D. ~ ~ ~ ~ ; ~ .. ~ ...... ,. NIT " , - - ....o;n. J - ~ ~ - - LOT " LOT 12 37 LOlli JI .i LOT to I PMT I. "" UlT6 II JI Ii I ;I; LOT 8 ;W lOT 7 UlTO LOT 5 Ul14 , UlT J Ii i,:.. LOT 2 -i UlTl - - .. IWElK ~ ~=' DID (Dill ~ IOIIIM ct'IlCI.:Il I .,......... CDICIIml ) Ib.~UU - ~ Zoning Change From "(H)R1-41" To "R1-41" l::::::::::::::::~ Zoning Change From "(H)R3" To "R3" John Mutton, Moyor BOTTRELL ST., BOTTRELL ST. - - Patti L. Barrie, Municipal Clerk - - - I.J.J > cr Cl - DODDS SQ. WOOLNER -, I I Bowmanville - z a:: :J CD ....J ....J ~ - ,45 J ROAD ..