HomeMy WebLinkAboutPSD-057-10Clarington
Leading the Way
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 3, 2010 Resolution#: C-a05-/Q By-law#: a0/O-b56
Report #: PSD-057-10 File #: COPA 2007-0014 (X-Ref.: PLN 31.5.11)
Subject: PROPOSED NEIGHBOURHOOD DESIGN PLAN AND OFFICIAL PLAN
AMENDMENT TO ADD THREE (3) MEDIUM DENSITY RESIDENTIAL
SYMBOLS AND CHANGE HOUSING AND POPULATION TARGETS IN THE
FOSTER NEIGHBOURHOOD OF THE OFFICIAL PLAN
APPLICANTS: PATRICIA STEPHENSON, ROBERT AND DANIELE
STEPHENSON, AND GARTHWOOD HOMES LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-057-10 be received;
2. THAT the application for proposed Clarington Official Plan Amendment, COPA 2007-
0014, submitted by Patricia Stephenson, Robert & Daniele Stephenson, and Garthwood
Homes Limited, be approved as per Attachment 2 and a by-law attached to Report PSD-
057-10 to adopt Amendment No. 74 be forwarded to Council for approval;
3. THAT the Foster Northwest Neighbourhood Design Plan as contained in Attachment 3 to
Report PSD-057-10 be received;
4. THAT the Durham Region Planning Department and the Municipal Property Assessment
Corporation be forwarded. a copy of Report PSD-057-10 and Council's decision; and
5. THAT all interested parties listed in Report PSD-057-10 and any delegations be advised
of Council's decision.
Submitted by: I
F 1~y Langm '', FCSLA, MCIP
cling Direct ,Planning Services
Reviewed by:~ ~-~ ~"`~ r't-
Franklin Wu,
Chief Administrative Officer
BR/CP/df/av
21 April 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (9D5)623-0830
REPORT NO.: PSD-057-10 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicants/Owners: Patricia Stephenson, Robert &Daniele Stephenson, and
Garthwood Homes Limited
1.2 Location: North of King Avenue West, east of the Wilmot Creek Valleylands,
south of Hwy. 35/115, and west of Rudell Road (see Attachment 1)
1.3 Proposal: Official Plan Amendment to modify the following:
i) The Newcastle Village Land Use Schedule by adding three (3)
medium density residential symbols on the lands north of King
Avenue West, and west of Rudell Road;
ii) The Foster Neighbourhood population target from 5100 to 5700;
and
iii) The number of units in the Foster Neighbourhood from 1450 to
1575 for low density and from 200 to 300 for medium density
and adjust all the neighbourhood and urban area totals
accordingly (see Attachment 2).
2.0 BACKGROUND
2.1 Patricia Stephenson, Robert &Daniele Stephenson, and Garthwood Homes Limited
originally submitted applications for:
An Official Plan Amendment to delete a public secondary school site and adjust the
Plan's housing and population targets accordingly; and
A proposed Neighbourhood Design Plan for the northwest portion of the Foster
Neighbourhood.
2.2 In November 2008, a public meeting was held to deal with the Official Plan Amendment
to delete a public secondary school site as well as adjust the Plan's housing and
population targets accordingly. The public meeting report noted the public school board
had sent a letter dated October 27, 2008 stating an objection to the deletion of a public
secondary school designation in the Foster Neighbourhood and in any related
Neighbourhood Design Plan. Subsequently, Council passed a resolution to refer the
public meeting report back to staff for further discussions between the school board, the
applicants and Planning Staff. Discussions occurred in early 2009 with the result being
that by a-mail on May 19, 2009, the public school board noted the importance of the
retention of the Foster Public Secondary School designation and the continued
applicability of its October 27, 2008 letter. The Board's reasoning was based in part, on
Durham Region's Amendment 128 to its Official Plan (the Growth Plan conformity
amendment).
2.3 On June 25, 2009, Planning Staff received the First Revision submission of the
Neighbourhood Design Plan. The submission cover letter noted that if and when it is
determined that no Official Plan Amendment is required the applicants will withdraw the
REPORT NO.: PSD-057-10 PAGE 3
Official Plan Amendment application. This submission included a 6.0 hectare public
secondary school site and a parkette. The overall density for the neighbourhood was
increased by the addition of more street townhouse units.
2.4 Comments from the agencies including Regional Planning were collected, discussions
were held with the Ganaraska Region Conservation Authority concerning the proposal
and the ongoing Wilmot Creek Watershed Study. Clarington Staff met with the
applicant's consultants to review the issues that commenting agencies and Staff had
with the First Revision.
2.5 In response to comments received from the circulated agencies and discussion with
.staff a Second Revision to the Neighbourhood Design Plan was received on December
23, 2009. This submission included a revised Neighbourhood Design Plan and a draft
Official Plan Amendment that added to the Official Plan three medium density symbols
to be placed in the Foster Northwest Neighbourhood Area, on the Newcastle Village
Urban Area Land Use Map (Map A4). The revised amendment also increased the
population allocation for the neighbourhood from 5,300 to 5,700, on the Neighbourhood
Planning Unit Schedule map for Newcastle Village (Map H3) and Low and Medium
Density Housing Unit numbers in the neighbourhoods housing targets table (Table 9-2).
A separate document outlining the proposed Neighbourhood Design Plan's conformity
with the Provincial Growth Plan was also part of the submission. The February 22, 2010
Public Meeting Report (PSD-025-10) was focussed on the Second Revision. No one,
other than the applicant's agent, spoke at the public meeting.
2.6 A Third and Final Revision submission of the Neighbourhood Design Plan which
Planning Staff received on March 23, 2010 was in response to further agency and staff
comments on the previous submission. This Report, PSD-057-10, provides
recommendations that are in reference to the Third and Final Revision submission.
3.0 SITE CHARACTERISTICS AND SURROUNDING USES
3.1 The limits of the portion of the Foster Neighbourhood subject to applications are King
Avenue West on the south, Wilmot Creek Valleylands on the west, Highway 351115 on
the north, and Rudell Road on the east. The site has seven residences and is generally
flat agricultural land, slightly rolling, sloping down to the west, with rows of trees as field
boundaries.
The property contains a house, known as The Belmont, which was designated under
Part IV of the Ontario Heritage Act in 1988. The structure has very significant historical
and cultural value to Clarington as the cellar of the building, with its several large rooms
separated by brick arches, was built by Major. S.S. Wilmot, circa 1814, and contains the
spring where his son, Samuel Wilmot, the father of Canadian fish aquaculture, began his
experiments in the 1860's. The first fish hatchery in Canada was built on this property
and the spot was marked with a Provincial plaque in 1967. Following a fire in 1898, the
house was rebuilt on its foundation in essentially the same architectural style as the
original
REPORT NO.: PSD-057-10
3.2 The surrounding uses are as follows:
PAGE 4
North: Highway 35/115 and beyond, agricultural land
South: Existing residences fronting King Avenue West and lands for the community
park including the existing Newcastle & District Recreation Complex
East: Existing residences, Rudell Road and beyond, vacant lands draft approved for
subdivision development
West: Wilmot Creek and its valleylands
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
The Provincial Policy Statement (PPS) requires Municipalities to provide for efficient
settlement patterns with a range of uses and opportunities for intensification and
redevelopment. New development is to occur adjacent to existing built-up areas and
shall have a compact form, mix of uses and densities that allow for the efficient use of
land, infrastructure and public service facilities, which includes schools. The Municipality
is required to plan for public service facilities in a coordinated, efficient and cost-effective
manner to accommodate projected needs.
The PPS requires that significant built heritage resources and significant cultural
heritage landscapes be conserved. Significant is defined as built heritage resources
and cultural heritage landscapes that are valued for the important contribution they
make to our. understanding of the history of a place, an event, or a people. Conserved is
defined as the identification, protection, use and/or management of cultural heritage in
such a way that their heritage values, attributes and integrity are retained. This may be
addressed through a conservation plan or heritage impact assessment.
4.2 Provincial Growth Plan
Since the site is outside the built boundary, the neighbourhood should be planned with a
density target of 50 persons and jobs per hectare. A public secondary school is
community infrastructure contributing to a complete community. In particular, an
appropriate range of community infrastructure should be planned to meet the needs
resulting from population changes and to foster complete communities.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the site Living Area. Amendment 128 to
the Regional Plan confirms the need for conformity to the Provincial Growth Plan. The
Regional Plan requires a wide variety of housing by type, size and tenure in Urban
Areas, and that the full range of housing be developed in acost-effective and efficient
manner. Also, Living Areas are to be an attractive living environment. A public
secondary school is a public facility supportive of residential development and therefore,
appropriate for Living Areas. Living Areas are to be compact in form through higher
densities and shall support and provide access to public transit. More specific
requirements include convenient pedestrian access to public transit, educational
REPORT NO.: PSD-057-10
PAGE 5
facilities and parks. Roads are to be in a grid pattern and trails and pathways are to be
provided too.
5.2 Clarington Official Plan
The Clarington Official Plan designates the lands. Urban Residential Area with a public
secondary school symbol in the Foster Northwest Neighbourhood. The predominant
use of lands designated Urban Residential shall be for housing. Abroad range of
housing is to be provided in urban areas. Table 9.2 allows for 1,450 low density units
and 200 medium density units in the entire Foster Neighbourhood. The Neighbourhood
Design Policies state Neighbourhood Design Plans (NDP) shall include: road
alignments; sidewalks; trails and walkways; potential transit and cycling routes; potential
lotting; and siting of schools, parks (and parkettes), open space lands, stomtwater
management facilities and other community/utility uses. Residential neighbourhoods
shall feature: grid streets; public buildings and spaces; natural and cultural heritage
features protection; and avoidance of reverse lotting and acoustical fencing. Other uses
that through activity, scale and design, are supportive of, compatible with or serve
residential uses may be permitted such as schools.
The objective of the Clarington Official Plan policies in regards to heritage buildings is to
conserve and enhance the Municipality's cultural heritage resources. The inappropriate
alteration of a cultural heritage resource is discouraged. Heritage resources are defined
as properties of cultural or natural heritage importance, which would include buildings,
structures, and their surrounding lands.
The Clarington Official Plan designates King Avenue West as a Type A Arterial and as a
Regional Transit Spine. Rudell Road is identified as a Collector Road as is the north-
south road from Highway 2 northerly to where it intersects with the extension of Grady
Drive, and east-west collector.
The Clarington Official Plan designates the Wilmot Creek Valleylands, at the west end of
the Foster Northwest Neighbourhood, as Significant Valleylands focussed on a Cold
Water Stream, a part of the Natural Heritage System. Through Policy 4.4.35, an
Environmental Impact Study is required for development applications within. or adjacent
to any natural heritage feature identified on Map C. When the neighbourhood plan is
implemented through application(s) for Draft Approval of a Plan of Subdivision, those
application(s) within a 120 metre distance of the features will require an Environmental
Impact Study.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the large majority of the subject lands "Agricultural
Exception (A-1)" and the remainder "Environmental Protection (EP)". The public use
provisions of Zoning By-law 84-63 permit a public secondary school in basically any
zone including the "Agricultural Exception (A-1)" Zone. The lands are expected to be
rezoned in the future together with applications for Draft Plan of Subdivision for the area.
REPORT NO.: PSD-057-10 PAGE 6
7.0 PUBLIC SUBMISSIONS
7.1 As a result of the public notification process, to date, the Planning Services Department
has received two inquiries or comments. One resident asked about land uses at specific
locations near their home and the timing of construction within the proposed
neighbourhood. Another resident had interest in, and sketched, a location in the
neighbourhood for a future Newcastle Village GO Station. There are no plans by the
Province to extend GO beyond Bowmanville at this time.
8.0 AGENCY COMMENTS
8.1 Comments have been received from the circulated departments and agencies regarding
both the Clarington Official Plan Amendment and the Neighbourhood Design Plan. Most
agency comments addressed the Neighbourhood Design Plan. Clarington Emergency
& Fire Services offered no objections to the proposed Neighbourhood Design Plan or
Official Plan Amendment.
8.2 Clarington Engineering Services supported the Official Plan Amendment in principle and
the Neighbourhood Design Plan in concept, but noted that the following matters are to
be resolved prior to approval of future proposed draft plan(s) of subdivision within the
neighbourhood:
• Road right-of-way widths
• Connectivity to Rudell Road
• Closure of Given Road
• Traffic issues and recommended traffic controls through a traffic impact study
• Phasing and implementation
• stormwater management (east and west ponds)
• Noise attenuation
• Entrance features/pond enhancements, and
• Sidewalk and street lighting construction on Highway 2 west of Rudell Road
8.3 Clarington Operations had no concerns with the proposed applications. Comments
identified the need for a report in support of future applications for Draft Plan of
Subdivision, detailing designs for review of each stormwater management pond, a
stormwater inceptor upstream and connection to nearby hydro, for the western
stormwater management pond.
8.4 The Clarington Heritage. Committee was advised of the application for the
Neighbourhood Design Plan when it was first submitted in 2007. They are in support of
the conservation of the designated heritage building and its surrounding landscape.
8.5 Ganaraska Region Conservation stated no objection to the proposed Official Plan
Amendment and no objection, in principle, to the Neighbourhood Design Plan submitted.
However, they advised that an Environmental Impact Study (EIS) must be undertaken to
determine the appropriate proximity of development to the Wilmot Creek Valleylands
REPORT NO.: PSD-057-10
PACE 7
prior to approval of any proposed Draft Plan of Subdivision or Site Plan application. The
EIS may impact the ultimate design of the neighbourhood abutting the natural heritage
feature.
8.6 The Public School Board noted the 6 hectare public secondary school site is acceptable
provided the 6 hectare area is not diminished by any road widening, sight triangle or
transit stop requirements. If such lands are required, the proposed secondary school
site area of 6 hectares must be maintained by adjusting the remainder of the
subdivision.
Comments from the Public School Board request the portion of Given Road that runs
through the secondary school site area be stopped up, closed and conveyed by the
Municipality to the subdividers as part of subdivision draft approval.
8.7 The Separate School Board noted it currently has one elementary school in Newcastle.
This school, St. Francis. of Assisi, has sufficient space to accommodate any enrolment
growth from the Foster Northwest Neighbourhood. The Board did not require any
additional school sites in the Newcastle area for elementary or secondary students and
the proposed streets layout did accommodate easy walking access by any elementary
students in this area to the above school. -The Board noted a concern regarding the
provision of supervised access across Durham Highway 2, to and from the above
school
8.8 Durham Regional Planning noted the Growth Plan and Amendment 128 to the Regional
Plan require Greenfield Areas in the Lake Ontario Shoreline municipalities to develop at
a minimum gross density of 50 persons and jobs combined per hectare. It was noted
the proposed Neighbourhood Design Plan does not achieve the 50 persons and jobs
combined per hectare. Clarington staff were asked to provide justification and support
for the shortfall. It was agreed each development is not required to meet this minimum
target, and Clarington must be satisfied that development across the municipality
achieves this density. Following further discussion and justification the Region provided
verbal comments stating the application was exempt from Regional approval. A traffic
study will be required in support of development applications in this area.
The Regional Works Department has recently provided to the Regional Planning
Department detailed comments which are summarized below. The majority of the
proposed development in the above neighbourhood is within the existing Zone 1
distribution system. The existing Arthur Street Zone 1 reservoir with a top water
elevation of 135.5 metres results in below adequate water pressure for lands higher than
105 metres. The applicants may choose to grade the site to 105 metres of elevation,
construct a Zone 2 booster pumping station or wait for Durham Region to construct new
infrastructure. Anew Zone 1 reservoir is planned by Durham Region and will likely have
a top water elevation of approximately 140-142 metres which will be sufficient to service
the entire site. The new Zone 1 reservoir is forecast for construction after 2015. A 400-
600 millimetre water feeder main extension will be required westerly on Durham
Highway 2 from near North Street to eventually loop through proposed development to
REPORT NO.: PSD-057-10
PAGE 8
Toronto and Milligan Streets to service the subject Neighbourhood and Newcastle
generally. Most of this work is forecast for construction after 2015.
The Newcastle Water Pollution Control Plant is approaching its maximum capacity to
service existing and committed customers. Plant expansion construction is projected for
2014. Due to topography on the subject lands, the lands east of Rudell Road are
generally tributary to the Foster Creek trunk sanitary sewer and Rudell Road sanitary
sewage pumping station. Depending on the timing of other developments within
Newcastle the subject Neighbourhood may be dependent on a further extension of the
Foster Creek trunk sanitary sewer southwest from Highway 401 to the existing Wilmot
Creek Water Pollution Control Plant, including interception and abandonment of the
Sunset Boulevard sanitary sewage pumping station. This project is scheduled for
construction in 2012. The lands west of Rudell Road and the Rudell Road sanitary
sewage pumping station (diversion) are dependent on the extension of the Wilmot Creek
trunk sanitary sewer from Toronto and Milligan Streets, which is forecast beyond 2015.
8.9 Past comments from the Ontario Ministry of Transportation note the requirement fora 14
metre setback from the edge of the Highway 35/115 property, and the possible need for
studies in the future. The studies will likely be required in support of individual plans of
subdivision. implementing the Neighbourhood Design Plan for stormwater management
and traffic impact, the latter to be completed with particular concern for the Durham
Highway 2/Highway 35/115 Interchange.
8.10 The Ministry of Natural Resources was circulated for comments given the provinces
ownership of the Wilmot Creek Valleylands, which abut the subject Neighbourhood on
the west. In response, the Ontario Realty Corporation noted that use of the valleylands
for municipal trails may require property arrangements such as easements or licences.
The Ministry of Natural Resources stated, additional design and construction details for
the water management pond in the southwest corner of the neighbourhood and outlet
are requested as the information becomes available since the pond outlets onto the
Crown Land property. Lots abutting the Crown Lands raise the question of setbacks
and/or fencing, and details on these matters are requested.
9.0 STAFF COMMENTS
9.1 The submitted Clarington Official Plan Amendment proposes three changes to the
Official Plan (see Attachmerrt 2). It modifies, in Section 9.4.5, Table 9-2 -Housing
Targets by Neighbourhoods, by increasing the Low Density Housing Units number from
1,450 to 1,575; by increasing the Medium density Housing Units number from 200 to
300; and correspondingly, the associated Foster Neighbourhood and Newcastle Village
Urban Area Totals. The increase in medium density units necessitates the addition of
three (3) medium density symbol on Map A4 -Land Use -Newcastle Village Urban
Area, specifically in parts of the Foster Northwest Neighbourhood. The other
consequence and third change is the increase in the total population target for
Neighbourhood 3 Foster from 5,100 to 5,700, in Map H3 -Neighbourhood Planning
Units -Newcastle Village Urban Area.
REPORT NO.: PSD-057-10
PAGE 9
9.2 Durham Regional Planning has required an analysis to determine if a minimum gross
density of 50 persons and jobs combined per hectare was being realized through the
Clarington Official Plan Amendment and Neighbourhood Design Plan applications.
Through the proposed amendment the Foster Northwest Neighbourhood will have
approximately 1,423 residents and 77 employees (working at the secondary school)
generating a total of 1,500 residents and jobs. Based on a total gross area of 34.8
hectares this yields 43.10 residents and jobs per hectare. This yield is short of the
above figure of 50 by 6.90 residents and jobs per hectare or 13.8%.
In response to the concerns raised by the Region, Claringtoh Planning Staff provided a
written response advising that the shortfall in this community would be accounted for in
future development in Bowmanville and Courtice. The Newcastle Village Urban Area
has always been, and continues to be an urban area of lower density than Bowmanville
or Courtice. The northwest quadrant of the Foster Neighbourhood remains the last area
for development approval. Based on the current Official Plan designation and
population targets the portion of the neighbourhood subject to applications would yield
roughly 25.3 residents or jobs per ha combined, or approximately half the density
targeted by the Growth Plan and Amendment 128. The proposed Official Plan
amendment represents a dramatic improvement over the current situation and
demonstrates the "spirit" of the Growth Plan, and Amendment 128 has been adhered to
while providing for housing forms that are not out of character with the balance of the
neighbourhood.
The increase in combined residents and jobs per hectare offered by the proposed
Official Plan amendment and Neighbourhood Design Plan represents the upper limit in
density that can be accommodated in Newcastle Village without dramatic change and
disruption to the community. A higher density than what is proposed would create a
different housing mix, likely out of character with the balance of the neighbourhood and
Newcastle Village. The number of street townhouse units proposed is already a
departure from Newcastle Village's typical built form and draft~approved plans.
Conformity to the Growth Plan and Amendment 128 is not to be reduced to an
accounting exercise and the 50 persons and jobs does not have to be met in each urban
area, neighbourhood, or proposed plan of subdivision, but rather across a municipality
as a whole. Bowmanville and Courtice are not only larger urban areas but, can more
easily absorb higher densities. Staff is confident that the 240 persons and jobs, deficit
(below 50 per hectare) in the Foster Northwest quadrant can be made up for in
Bowmanville and/or Courtice. The Region has accepted staffs comments and has
advised the application is exempt from Regional approval
9.3 Durham Regional Works has offered detailed comments and timelines for the extension
of services to the proposed neighbourhood. Water distribution will not be available until
at least 2016 unless the developers involved do extensive site re-grading or construct
and finance a booster pumping station. A water feeder main extension that will form a
loop is required to service the subject Neighbourhood and it too will not be available until
at least 2016. Sanitary sewage capacity in Newcastle Village is running out and more
capacity is scheduled to be built after 2014. Also required is an extension of the Wilmot
REPORT NO.: PSD-057-10
PAGE 10
Creek trunk sanitary sewer from Toronto and Milligan Streets which will not be available
until at least 2016.
9.4 The March 23, 2010 proposed Neighbourhood Design Plan proposes to increase the
density in housing/population numbers and in the diversity of housing form, exampled by
the three different frontage widths for the single detached housing and allowance for on-
street townhouses. The use of cul-de-sacs has been avoided where possible with only
one present immediately north of the Given Road alignment east of the secondary
school
The proposed Official Plan Amendment and Neighbourhood Design Plan conform to the
Growth. Plan and Amendment 128 in other ways. The development will be accessible to
transit on King Avenue West permitting the secondary school and almost all of the
housing in the neighbourhood to be within easy walking distance of a transit stop.
Attractiveness of the neighbourhood to pedestrians is facilitated by a modified grid road
network, the parkette in the centre of the neighbourhood and potential for pedestrian
connections to both King Avenue West and Rudell Road, as well as the secondary
school, the stormwater management pond, and through the tableland open spaces and
into, and even throughout, the Crown Lands (Valleylands) to the west.
The secondary school is a key community infrastructure that supports not only the
Foster Northwest Neighbourhood, but the Newcastle Village Urban Area.
9.5 The house known as The Belmont, an architectural and cultural heritage feature, is
located in the northwest section of the neighbourhood.. The proposed Neighbourhood
Design Plan shows The Belmont remaining on site, and in keeping with the cultural
heritage resource policies of the Provincial Policy Statement, the entire block that The
Belmont is located in, is undeveloped. It is reserved as a Heritage Dwelling Area and to
the west, across the local street, is open space tableland which provides a pedestrian
and visual link between The Belmont, its grounds and the Crown Lands (Valleylands). If
in the future, any development is contemplated in the Heritage Dwelling Area, it will have
to be justified by a Heritage Impact Assessment, or alternatively a conservation plan, for
this Area.
9.6 The Ministry of Transportation-Ontario (MTO) has advised they require a 14 metre
setback from the edge of the Highway 35/115 property to accommodate potential
highway widening. Interpreted broadly, nothing required for the development of the
neighbourhood is permitted in the 14 metre setback including noise fencing and
berming. Some realignment of the most northerly lots to the east, in Subdivisions 18T-
89059 and S-C-2007-0001, is anticipated to accommodate appropriate noise barriers.
When the acoustical engineering and consequent re-lotting is done, the northeast corner
may need to be redesigned to "dovetail" with the new layout and the awkwardly sized lot
will shrink to a more normal size or disappear.
Rational development of the Foster Northwest Neighbourhood will be facilitated through
development which is divided into Phases 1 to 4.
REPORT NO.: PSD-057-10
PAGE 11
9.7 The Official Plan policies allow convenience commercial (corner) store uses subject only
to rezoning and site plan approval. There is an opportunity for such a use immediately
north of the south western stormwater management pond on the west side of the north-
south collector road at the intersection. Such a use will contribute to neighbourhood
completeness.
9.8 The Official Plan Amendment and Neighbourhood Design Plan applications have been
the subject of two public meetings. The first was on November 17, 2008 at the General
Purpose and Administration Committee Meeting, with no members of the public, before or
during the meeting, expressing interest in the applications. The second was much more
recently, February 22, 2010, again at the General Purpose and Administration Committee
Meeting, with one member of the public before, and one member of the public after the
meeting, making brief counter inquiries about the applications.
In light of the public exposure of these applications and the resulting very limited level of
public interest, a separate public information centre for the proposed Neighbourhood
Design Plan was not held.
9.9 The Ganaraska Region Conservation Authority has made it clear to the Municipality that
although the large majority (about 80%) of the Subwatershed Study work for the Foster
Northwest Neighbourhood has been completed through the Wilmot Creek Watershed
Study which is being finalized at this time, there remains about 20% of the work
outstanding which would be focussed on matters such as stream erosion and restoratior
("fluvial geomorphology'), stormwater management criteria ("hydrology") and Foster
Northwest Neighbourhood ("planning area") natural heritage targets. The work
undertaken by the Conservation Authority will form the foundation for an environmental
impact study that will be done as part of the process when proponents of individual
plans of subdivision are seeking draft approval to develop portions of this
neighbourhood. It is recognized that the environmental impact studies
recommendations may cause some alterations to the Neighbourhood Design Plan as a
result of required separation from environmental features.
9.10 Clarington Engineering Services and Clarington Operations have no concerns with the
Official Plan Amendment and the Neighbourhood Design Plan. They have a
considerable number of requirements that are to be fulfilled at the Draft Plan of
Subdivision stage.
9.11 The Separate School Board noted a concern with the provision of supervised access
across Durham Highway 2, to and from St. Francis of Assisi Elementary School. It is
expected that there will be traffic signals at the Durham Highway 2/Rudell Road
intersection when development north of King Avenue. West commences and warrants
increase.
9.12 Taxes for the subject properties have been paid in full.
REPORT NO.: PSD-057-10
PAGE 12
10.0 CONCLUSIONS
10.1 In consideration of the provincial policy, the Clarington Official Plan, agency comments
and staff comments, it is recommended that the Official Plan Amendment application as
per Attachment 2 (Amendment No. 74) be approved.
As per the Council approved guidelines, Neighbourhood Design Plans are not approved
by Council. The Neighbourhood Design Plan as contained in Attachment 3 will be
approved by the Director of Planning Services and provide design direction for future
subdivision applications.
Staff Contact: Bob Russell
Attachments:
Attachment 1 -Site Location and Key Map
Attachment 2 -Proposed Official Plan Amendment No. 74 By-law
Attachment 3 -Proposed Neighbourhood Design Plan
List of interested parties to be advised of Council's decision:
Durham Region Planning Department
D.G. Biddle & Associates Ltd.
Patricia Stephenson
Robert Stephenson
Garthwood Homes Ltd.
Roslyn Houser
Clark Morawetz
Richard Wicha
Gerald Brown
Clarington Heritage Committee, c/o Isabel Little
Newcastle Village & District Historical Society, c/o Allan Kirby
Ministry of Natural Resources, c/o Theresa Fancy
Municipal Property Assessment Corporation, c/o Michael Porporo
Clarington Museum & Archives, C/O Martha Rutherford
Attachment 1
To Report PSD-057-10
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Attachment 2
To Report PSD-057-10
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
being a By-law to adopt Amendment No. 74 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes
the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans
and Amendments thereto;
AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to
amend the Clarington Official Plan to permit for the Foster Neighbourhood: the addition
of three medium density residential symbols, and an increase in neighbourhood housing
and population targets;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
That Amendment No. 74 to the Clarington Official Plan being the attached
Explanatory Text is hereby adopted.
2. That this By-law shall come into force and take effect on the date of the passing
hereof.
BY-LAW read a first time this day of 2010
BY-LAW read a second time this day of 2010
BY-LAW read a third time and finally passed this day of 2010
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
AMENDMENT NO. 74
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
PURPOSE: To provide for a moderate increase in residential density and
the approval of a Neighbourhood Design Plan for orderly
residential subdivision development on lands located north of
King Avenue West (Durham Highway 2) and west of Rudell
Road, Newcastle Village.
LOCATION: The subject site is located north of King Avenue West, east
of the Wilmot Creek valleylands, south of Highway 35/115,
and west of Rudell Road, in Newcastle Village, former
Township of Clarke, now in the Municipality of Clarington.
BASIS: This amendment is based on an application for a
Neighbourhood Design Plan, prepared by D.G. Biddle &
Associates Ltd., and reviewed by public agencies and
municipal staff. In addition, consideration is given to policies
of the Growth Plan for the Greater Golden Horseshoe and
Regional Official Plan Amendment 128.
ACTUAL
AMENDMENT: The Municipality of Clarington Official Plan is hereby
amended by:
i) In Section 9.4.5, Table 9-2 "Housing Targets by
Neighbourhoods" by amending the target for Foster
Neighbourhood - N3 and all corresponding totals as
follows:
ii) By Amending Map A4-Land Use -Newcastle Village
Urban Area as shown on Exhibit "A" to this
amendment.
iii) By Amending Map H3-Neighbourhood Planning Units
- Newcastle Village Urban Area as shown on Exhibit
"B" to this amendment.
IMPLEMENTATION: The provisions set forth in the Municipality of Clarington
Official Plan, as amended, regarding implementation of the
Plan shall apply to this Amendment.
INTERPRETATION: The provisions set forth in the Municipality of Clarington
Official Plan, as amended, regarding the interpretation of the
Plan shall apply to this Amendment.
Exhibit "A", Amendment No. 74 To the Municipality of Clarington
Official Plan, Map A4, Land Use, Newcastle Village Urban Area
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