HomeMy WebLinkAboutPSD-086-10Clar~agtOn
Leading the Way
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Dater .July 5, 2010 Resolution #: C-3 `~o-/O By-law #: a0/0-/03
0?0!0 - /O ~f
Report#: PSD-086-10 File#: S-C-2005-002,COPA 2008-0006 aC1lp-/d5
and ZBA 2005-0041 aU /0 -/06
Subject: PROPOSED OFFICIAL PLAN AMENDMENT, PROPOSED ZONING BY-LAW
AMENDMENT, PROPOSED FENCE BY-LAW AMENDMENT AND PROPOSED
DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 541
RESIDENTIAL UNITS, TO DELETE A PUBLIC ELEMENTARY SCHOOL
SYMBOL AND INCREASE THE MEDIUM AND LOW DENSITY & TOTAL
UNITS IN THE NEIGHBOURHOOD
APPLICANT: FAR SIGHT INVESTMENTS LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-086-10 be received;
2. THAT Amendment No. 76 to the Clarington Official Plan as submitted by Far Sight
Investments Ltd. to delete the Public Elementary School Symbol; to increase the
housing targets for Vincent Massey Neighbourhood in Table 9-2; and to increase the
corresponding population allocation for Vincent Massey Neighbourhood on Map H2 as
contained in Attachment 3 of Report PSD-086-10 be adopted and the By-law contained
in Attachment 4 of Report PSD-086-10 be passed;
3. THAT the application for the proposed Draft Plan of Subdivision, submitted by Far Sight
Investments Limited to permit the development of 541 residential units be approved,
subject to the conditions contained in Attachment 5 of Report PSD-086-10;
4. THAT the Zoning By-law Amendment application submitted by Far Sight Investments
Limited to implement the proposed Draft Plan of Subdivision be approved as contained
in Attachment 6 of Report PSD-086-10;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-086-10 PAGE 2
5. THAT the Fence By-law Amendment to permit razor wire on a fence at 340 King Street
East in Bowmanville, be approved as contained in Attachment 7 of Report PSD-086-10;
6. THAT the By-law authorizing the entering into of a Subdivision Agreement between the
Owner of Draft Plan of Subdivision S-C-2005-002 and the Municipality of Clarington be
approved as contained in Attachment 8 of Report PSD-086-10;
7. THAT the Region of Durham Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-086-10 and Council's decision; and
8. THAT all interested parties listed in Report PSD-086-10 and any delegations be
advised of Council's decision.
Submitted by:
Lan aid CSLA, MCIP
f g Director, tanning Services
Reviewed by:~/ (- "'"''" "' ~'`-~ "~-
Franklin Wu
Chief Administrative Officer
MH/CP/df/av
28June 2010
REPORT NO.: PSD-086-10
PAGE 3
APPLICATION DETAILS
1.1 Applicant: Far Sight Investments Limited
1.2 Owner: Schickedanz Bros. Limited
1.3 Plan of Subdivision
To permit a 541 residential dwelling unit Plan of Subdivision comprised of
273 single detached dwellings, 5 blocks containing 29 on-street
townhouse units, 2 medium density blocks containing 239 medium density
dwellings, 1 park block, 1 parkette block, a stormwater management
facility and 2 open space blocks (Attachment 2).
1.4 Official Plan Amendment
i) To delete the Public Elementary School symbol;
ii) To increase the number of low density units and medium density
units allocated in the Vincent Massey Neighbourhood; and
iii) To increase the population allocation for the Vincent Massey
Neighbourhood.
1.5 Zoning By-law Amendment:
To rezone the subject lands from "Agricultural (A)" to an appropriate zone
to permit the development of the above-mentioned Draft Plan of
Subdivision.
1.6 Site Area: 46.041 ha
1.7 Location: The subject lands are located in the Bowmanville Urban Area, east of
Soper Creek, south of Concession Street East and north of Durham
Highway 2. The property is contained within Part Lot 7, Concession 1,
former Township of Darlington (Attachment 1).
2:0 BACKGROUND
2.1 In September 2005, Staff received an application submitted by Far Sight Investments
Limited to amend the Zoning By-law along with an application requesting approval of a
Draft Plan of Subdivision for 422 residential dwelling units. Given the comments
received and the requirement for an Environmental Impact Study (EIS) and a Financial
Impact Analysis at the public meeting on November 21, 2005, the application was
referred back to staff for further processing and review.
2.2 In July 2006, the Kawartha Pine Ridge District School Board confirmed that a school
site for a public elementary school would no longer be required on the subject lands as
students will be accommodated in an expanded Vincent Massey Public School or John
M. James Public School. The proposed Draft Plan of Subdivision was revised to remove
the public school block and to add additional residential lots.
REPORT NO.: PSD-086-10
PAGE 4
2.3 In October 2008, a final version of the EIS was submitted to the Municipality of
Clarington. The EIS recommended that the focus of protection and enhancement on the
site should be the natural habitats associated with Soper Creek. As a result, a number
of development limits were established, and incorporated into the Draft Plan of
Subdivision.
2.4 In November 2008, an application for Official Plan Amendment was submitted by the
applicant in support of the Draft Plan of Subdivision. The application proposes to delete
the public elementary school symbol, increase the low and medium density dwelling unit
allocations for the Vincent Massey Neighbourhood, and also increase the overall
population allocation for the neighborhood.
2.5 A second public meeting was held in December 2008 to discuss the proposed Official
Plan Amendment and the revisions made to the Draft Plan of Subdivision. The revised
plan had incorporated those development limits recommended by the EIS, the deletion
of the public school site and an increase in proposed dwelling units. A number of
significant issues had not been resolved prior to the public meeting, including the issues
raised by the Bowmanville Zoo relating to security measures between properties as well
as concerns raised by the Municipality relating to timing of the development..
2.6 A Financial Impact Study was undertaken by the Municipality in late 2007 early 2008,
which concluded that advancing the proposed development will have an overall
negative fiscal impact on the Municipality as the subject lands were not anticipated to
develop until 2014 or later and the works required for the development were not within
the Municipality's 10 year capital works forecast. However, within the background study
to the recent Council approved Development Charges.By-law, it was determined that
the road improvements associated with the development of the subject lands is now
within the 10 year capital works forecast.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is currently vacant and has frontage along Lambs Road,
Concession Street East and Regional Highway 2. The property is a greenfield site that
has previously been used for agriculture.
3.2 The surrounding uses are as follows:
North - Former private school site at 2020 Lambs Road
South - 1.306 hectare parcel of land to be retained by the Owner, which
has frontage on Lambs Road and Regional Highway 2
East - Rural residential and agricultural
West - .Soper Creek, Bowmanville Zoo, existing low density residential
REPORT NO.: PSD-086-10
4.0 PROVINCIAL POLICY
PAGE 5
4.1 Provincial Policv Statement (PPS)
The subject applications were submitted after the release of the new PPS on March 1,
2005, and therefore were reviewed in the context of the 2005 PPS. The subject
applications have regard for the policies of the applicable PPS, as follows:
4.1.1 New Development should occur adjacent to the existing built-up area and shall have a
compact form, mix of uses and densities that allow for the efficient use of land,
infrastructure and public facilities.
4.1.2 Land use patterns within settlement areas shall be based on densities and a mix of land
uses which efficiently use land, are appropriate for the planned infrastructure and avoid
the need of uneconomical expansion, and minimizes negative impacts to air and water
quality.
4.1.3 Planning authorities shall maintain at all times the ability to accommodate residential
growth for a minimum of 10 years for lands which are designated for residential growth
and a three (3) year supply of lands which are within draft approved and registered
plans. A full range of housing types and densities shall be provided to meet projected
requirements of current and future residents of the regional market area.
4.1.4 Healthy and active communities should be promoted by planning for safe public streets,
spaces and facilities which will meet the needs of pedestrians, facilitate pedestrian and
non-motorized movement including walking and cycling. In addition, they shall provide
for a full range of publicly-accessible, built and natural settings for recreation which
includes parklands, open spaces, and trails.
4.1.5 Public service facilities (such as schools) should be provided in a co-ordinated, efFcient
and cost-effective manner to accommodate projected needs. The use of existing
facilities should be optimized, wherever feasible, before consideration is given to
developing new facilities.
4.2 Provincial Growth Plan
4.2.1 The proposed Draft Plan of Subdivision and rezoning applications were submitted prior
to the release of the Provincial Growth Plan in June 2006 and as such are subject to the
transition policies of the Growth Plan. The Plan states that applications predating the
Growth Plan shall continue and be disposed of as if the Growth Plan had not come into
effect.
4.2.2 The proposed Official Plan Amendment was submitted in fall 2008, and therefore is
subject to the policies of the Provincial Growth Plan. The subject site is located within
the Province's Final Built Boundary for the Growth Plan. Population and employment
growth will be accommodated by directing a significant portion of new growth to the
built-up areas of the communities through intensification. Intensification is defined as:
"The development of a property, site or area at a higher density than currently exists
through development of vacant and/or underutilized lots within previously developed
areas or infill development."
REPORT NO.: PSD-086-10 PAGE 6
4.2.3 Although the Municipality of Clarington and the Region of Durham are still in the
process of amending their Official Plan's to conform with the Provincial Growth Plan
policies, the proposed Official Plan Amendment seeks to achieve a higher density than
what was contemplated by the Official Plan when it was approved in 1996. The
proposed compact form of development, with a range and mix of dwelling types and
pedestrian/biking trail system which serves as a link to other uses within Bowmanville, is
compliant with the principles of the Provincial Growth Plan.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
5.1.1 The subject lands are designated Living Areas and Major Open Space Areas in the
Durham Region Official Plan. Within Living Areas, residential development is permitted
and shall incorporate the widest possible variety of housing types, sizes and tenure to
provide living accommodations that address various socio-economic factors.
5.1.2 The applicant has proposed open space blocks on those lands which fall within the
Major Open Space Areas designation, and which contain the Soper Creek Valley lands.
The proposed uses within the Draft Plan of Subdivision comply with the policies of both
the Living Areas and Major Open Space Areas designations.
5.1.3 The net density of the proposal is 29 units per hectare. The Region's Growth Plan
conformity study (Growing Durham) has proposed an average density target of 50 to 55
units per net hectare in Greenfield Living Areas with a 28 unit per net hectare minimum
density. The development proposal meets the minimum density target as recommended
in the Growing Durham Study.
5.2 Clarington Official Plan
5.2.1 The subject lands are designated Urban Residential and Environmental Protection Area
within the Clarington Official Plan. In addition, these lands include two (2) medium
density symbols, a Neighbourhood Park and a Public Elementary School symbol. The
Environmental Protection Area contains significant woodlands and significant
valleylands which form part of the Municipality's Natural Heritage System. The proposed
Official Plan Amendment is proposing to remove the Public Elementary School symbol
and adjust the population targets for the neighbourhood.
5.2.2 An Environmental Impact Study (EIS) is required for all development applications
located on lands within or adjacent to Natural Heritage features including woodlands
and valleylands. An EIS was completed in 2008, which established development limits
and mitigation measures to the satisfaction of the Municipality and the Central Lake
Ontario Conservation Authority.
5.2.3 Within the Official Plan, it states that a Neighbourhood Design Plan is required for all
neighbourhoods prior to Draft Approval of a Plan of Subdivision. Considering that the
subject lands are the last remaining parcel within the Vincent Massey Neighbourhood,
REPORT NO.: PSD-086-10 PAGE 7
a neighbourhood design plan was not required. A concept plan was submitted by the
.applicant to demonstrate how the Plan of Subdivision would connect with existing
development through a pedestrian trail network.
5.2.4 Residential neighbourhoods shall be developed in accordance with a number of Urban
Design principles which include: grid streets to encourage social interaction; public
spaces located on prominent sites with significant street frontage; house designs which
encourage social interaction and allow for views. along the street; enhancement of open
space linkages and protection of natural features; opportunities to provide views of the
natural features and high visibility of public spaces for public safety and security. The
applicant has made adjustments to the plan which allow for greater views and access to
the valleylands and has further defined the medium density areas to create a transit
supportive development pattern.
5.2.5 Within the Official Plan, the Bowmanville Zoo is identified as a Tourism Node. Tourism
Nodes are areas of major recreational and tourism potential: It is therefore important to
ensure that the proposed Draft Plan of Subdivision, which is located directly east of the
Zoo lands, does not result in adverse impacts to the Bowmanville Zoo establishment.
The proposed uses are to remain compatible with the Zoo lands with respect to public
access, separation of uses and visual impact. The applicant has taken into account the
concerns raised by the Bowmanville Zoo and the Municipality, with respect to public
safety and animal safety and is confident that they will satisfy all of these concerns (see
Section 10.0 for further details).
6.0 ZONING BY-LAW
6.1 The subject lands are currently zoned "Agricultural (A) Zone" and the "Environmental
Protection (EP) Zone". The applicant has applied to rezone the property to permit the
proposed Draft Plan of Subdivision.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 Environmental Impact Studv (EIS1
In accordance with the policies of the Clarington Official Plan, Aquafor Beech Limited
conducted an EIS on behalf of the Municipality of Clarington during 2007 and 2008. The
study was undertaken to identify any significant features and the extent of related
constraints such as hazard areas, to examine the Soper Creek and East Soper Creek
that traverse the property, to review all natural heritage issues associated with the
property, including any woodlands. The EIS also identified cumulative impacts and
recommended mitigation measures. The EIS found no significant species, nor rare
vegetation community types in the subject study area.
REPORT NO.: PSD-086-10
PAGE 8
7.2 The study made a number of recommendations, which include the following:
i) A 5 metre setback from the western edge of the worked agricultural field;
ii) A 10 metre setback from wetland features associated with the East Soper Creek
in the southwest area of the property;
iii) A 30 metre Coldwater fisheries setback from each bank of the Soper Creek and
East Soper Creek;
iv) Vegetation replanting along areas of fhe Soper Creek with native species; and
v) Erosion and sediment control measures to be adhered to prior to and during
construction.
7.3 Some of the recommendations have been implemented in the redesign of the Draft Plan
of Subdivision. If approval of the subdivision occurs, the remaining recommendations of
the EIS would be implemented through conditions of draft approval, through permits
required from the Conservation Authority and development agreement with the
Municipality of Clarington and through detail design review by Engineering Services.
8.0 PUBLIC SUBMISSIONS
8.1 Two (2) public meetings were held concerning the subject applications; the first meeting
was held on November 21, 2005 to discuss the proposed Draft Plan of Subdivision and
rezoning applications, and the second meeting was held on December 1, 2008 to
discuss a revised plan and Official Plan Amendment. There were a number of concerns
from residents on the submission of the applications. These concerns are summarized
as follows:
- Conflict with the existing zoo pertaining to security for the zoo, security for private
citizens and setback from development to animals and manure;
- Impact of development on abutting agricultural uses by light and dust;
- Impact on residential wells along Lambs Road;
- Increased traffic on Lambs Road;
- Development is at too high density;
- Impact on taxes of rural residential properties in the area;
- Protection of the existing tree line along the west side of Lambs Road; and
- Constitutes urban sprawl on the east side of Soper Creek.
8.2 A number of the residents' concerns have been addressed by the applicant and others
will be addressed through conditions of approval (see section.10.0 for further details).
9.0 AGENCY COMMENTS
9.1 Hydro One Networks Inc., Rogers Cable Communications Inc. and Clarington
Emergency & Fire Services offered no concerns or objections to the proposed Draft
Plan of Subdivision, Official Plan Amendment and Zoning By-law Amendment.
REPORT NO.: PSD-088-70 PAGE 9
9.2 Enbridge Gas Distribution Inc. offered no concerns or objections to the proposal and
asked that a number of standard conditions be included in the conditions of draft
approval
9.3 Kawartha Pine Ridge District School Board (KPRDSB) has confirmed with Staff that a
new school site is no longer required within the proposed Plan of Subdivision. Students
will be accommodated in an expanded Vincent Massey Public School or John M. James
Public School. KPRDSB students will be bussed and will walk to school from the
proposed Draft Plan of Subdivision. For this reason, KPRDSB requests that the phasing
of the subdivision must at all times afford a continuous and safe walking route for pupils,
from their homes to their school. The comments made by KPRDSB also represent the,
comments from the Peterborough Victoria Northumberland and Clarington Catholic
District School Board.
9.4 The Central Lake Ontario Conservation Authority (CLOCA) has reviewed the
Environmental Impact Study (EIS) prepared for the subject site and' find it to be
generally acceptable; however, some minor revisions are required. In addition, a
complete stormwater management report and detailed design will be required prior to
CLOCA's final approval. Although CLOCA has outstanding concerns with the EIS and
Functional Servicing Report, they believe these issues generally relate to the detailed
design and can be addressed through conditions of approval.
A number of standard conditions are requested by CLOCA, including: satisfying
recommendations of the EIS as amended; approval of final erosion hazard limits;
preparation of a restoration plan; dedication of open space blocks to the Municipality of
Clarington; installation of non-gated fencing along the rear of lots abutting open space
blocks; preparation of a Homeowner's Guide relating to the natural heritage features on
the site; and the submission of a landscape plan for CLOCA review.
9.5 Bell Canada has advised that a telecommunication facility easement will be required to
service the subject lands. The applicant is required to make appropriate arrangements
prior to the issuance of final plan approval. Bell Canada also provided a number of
standard conditions of draft approval
9.6 The Region of Durham Planning Department has no objections to draft approval of the
proposed Plan of Subdivision, Official Plan Amendment and Zoning By-law
Amendment.
The proposed development lies within the existing Zone 1 Water Distribution System, in
the Bowmanville Urban Area. The estimated static water pressure for this area is
approximately 71-85 psi. Areas with static pressure exceeding 80 psi will require the
installation of individual pressure reducing valves (within each residence at the
developers expense) in order to limit the static pressure to not more than 80 psi.
Municipal water supply can be provided from the existing 900 mm watermain on
Regional Highway No. 2 at Haines Street. The developer will be required to extend a
300 mm watemtain on Highway No. 2, easterly to Lambs Road, on Lambs Road
northerly to Concession Street East and on Concession Street East westerly connecting
to the existing 300 mm watermain at Soper Creek Drive.
REPORT NO.: PSD-086-10
PAGE 10
Municipal sanitary sewers are available from a 675 mm trunk sewer on existing
easement at Barley Mills Crescent. The developer will be required to extend the trunk
sewer easterly crossing Soper Creek to proposed Street "H" in order to service the
lands as well as external lands to the east of Lambs Road and to the north of
Concession Street East. However, sanitary sewer capacity is currently not available to
support the subject development. In order to provide municipal sanitary sewer servicing
capacity for the proposed development, upgrades and/or expansion of the Port
Darlington WPCP plant or alternative measures are required.
A Noise Impact Study has been prepared and was submitted to the Region for review.
In general, the Noise Impact Study is acceptable and the subdivision agreement for this
development should include the necessary provisions to ensure that the
recommendations of the study are implemented.
The subject site is located within the Province's Proposed Final Built Boundary for the
Growth Plan. The net density of the proposal is 29 units per hectare. The Region's
Growth Plan conformity study (Growing Durham) has proposed an average density
target of 50 to 55 units per net hectare in Greenfield Living Areas with a 28 unit per net
hectare minimum density. The development proposal meets the minimum density target
as recommended in the Growing Durham study.
In accordance with By-law 11-2000, the application to amend the Clarington Official
Plan is exempt from Regional approval, and the Region has provided a set of standard
conditions that have been incorporated into the proposed conditions of draft approval
(Attachment 5).
9.7 Clarington Engineering Services Department has provided the following comments with
respect to the revised proposed Plan of Subdivision:
The timing for the actual development of the subject lands will be dependent upon the
timing of upgrades and improvements that will be required to the municipal
infrastructure (roads, sewers, sidewalks, street lighting, traffic control, etc.) within the
subject portion of the Bowmanville Urban Area. The applicant has submitted a proposal
entitled "Staging Infrastructure Improvements' (Sernas, December 2009). The report
proposes certain infrastructure improvements in the absence of full urbanization of
Highway 2, Lambs Road and Concession Street East where they abut the subject
property, which are acceptable to the municipality, except for the section dealing with
pedestrian sidewalks. The applicant will be responsible for providing sidewalk
connectivity from Street'A', north on Lambs Road and west on Concession Street East
to the existing sidewalk network, in addition to a pedestrian trail network along the east
side of Soper Creek, and north side of the East Branch of Soper Creek.
Grading and drainage details will be refined during the review of the detailed
engineering submission and the submission of a facility site plan will be submitted by
the applicant to ensure that the park block can accommodate all of the typical features
the Municipality requires in a neighbourhood park. The applicant will be responsible for
100% of the cost and construction of the park. Fencing will not be required between the
pond block and the park block to ensure that the stormwater management pond block is
integrated into the park site. The conditions of approval incorporate the above
mentioned requirements, in addition to all standard engineering requirements.
REPORT NO.: PSD-088-10 PAGE 11
10.0 STAFF COMMENTS
10.1 Since the last Public Meeting, the applicant has been working with Staff, agencies and
the owners of the Bowmanville Zoo, and has been successful in resolving the majority
of the outstanding issues. The following table compares the original submission, with
the revised Draft Plan of Subdivision currently presented for consideration (Attachment
2), which incorporates comments from Staff and agencies, and addresses some of the
concerns raised by the Bowmanville Zoo as well as the recommendations from the EIS.
Table 1 shows that although the 2.192 ha school block was declined by the school
board, only an additional 1.6 ha was used for proposed residential uses. Additional
lands were required through the Environmental Impact Study to increase the open
space blocks by 1.862 ha. Also, the applicant has increased the amount of parkland in
the proposed subdivision, from one park block originally, to two park blocks (a 2.608 ha
park and a 0.143 ha parkette). The applicant has been able to increase the unit count
from 422 units to 541 units by increasing the number of medium density units. The
majority of these medium density units (239 units) will be contained in two medium
density blocks located at the north and south ends of the proposed subdivision with
direct access to Lambs Road.
There is significantly less land area consumed by public roads in the revised plan.
However, private roads will be required to service the proposed medium density blocks.
10.2 The proposal uses agrid-like street pattern with the medium density areas located in
two (2) blocks, one (1) at the north end and one (1) at the south end, both adjacent to
Lambs Road (which is a Type B arterial). Both medium density blocks are proposed to
have direct access to Lambs Road. The remainder of the site will be low density with no
vehicular connections to Concession Street East or to Durham Highway 2. Although the
street pattern is grid-like, there are no designated collector roads within the proposed
subdivision. All traffic is guided to local roads which exit directly onto Lambs Road in
two (2) locations (Street `A' and Street `B').
Table 1: Original Draft Plan vs. Revised Draft Plan
REPORT NO.: PSD-086-10
10.3 Official Plan Amendment
PAGE 12
The Official Plan Amendment has been submitted, firstly to delete the public elementary
school symbol and secondly to increase the low and medium density unit allocation and
thus the population, within the Vincent Massey neighbourhood.
School Site:
The School Board has confirmed that they have no interest in acquiring this site for
school purposes. As a result, the school site is being proposed for additional
residential development. With respect to the loss of green space as a result of the
deletion of the school site., the "green" area of the proposed subdivision is
approximately 44% of the total lands. The applicant's planning justification report
suggests that the deletion of the school site will not adversely impact the residents
of the proposed subdivision as more than adequate green area is provided for the
use and enjoyment of the future and existing residents. In addition, a parkette has
been proposed at the north end of the subdivision to provide additional green
space. The Municipality's amenity guidelines will require outdoor amenity area to
be provided in both of the medium density blocks.
ii) Dwelling Unit and Population Increases:
The deletion of the school site, that was to be approximately 2.19 ha, provides
additional lands for housing development that was not previously anticipated. This
contributed approximately 50 additional dwelling units. Through the review process,
the applicant has also increased the number of medium density units from 50
medium density units in the original application to 268 medium density units in the
revised application currently presented for consideration. The increase in dwelling
units correspondingly results in an increase in overall population for the Vincent
Massey Neighbourhood.
The increase in unit allocations and overall population within the Vincent Massey
neighbourhood is supported under the Provincial Growth Plan and is satisfactory to
the Region of Durham. Although the subject lands are. indicated as being within the
Built Boundary in the Provincial Growth Plan, the subject lands have very similar
land characteristics to Designated Greenfield Areas. The proposed increase in
dwelling units within the proposed draft plan, results in density of 29 units per net
hectare, which is consistent with the intensification targets for Designated
Greenfield Areas of 50 persons and jobs per hectare (within the Growth Plan,
density targets are measured over the entire Greenfield Area, excluding features
such as valleylands, wetlands and similar natural heritage features).
10.4 Residents' Concerns
Area residents have raised a number of issues with this proposed plan of subdivision
both at the public meetings and through public submissions. The following discussion
outlines how their concerns have been addressed to date.
REPORT NO.: PSD-086-10
PAGE 13
i) Security for the Zoo and future residents -The Municipality has facilitated and
participated in meetings between the applicant and the Zoo to discuss security
measures which would protect both the Zoo (animals and property), and future
residents. Due in part to the willingness of both parties to take part in open
discussions with Staff, both parties have, for the most part, reached an
understanding that appears to satisfy the needs of both parties, and the needs of
the Municipality.
ii) Setbacks from Zoo animals and manure -This is discussed in detail in Section 10.5
However, the Draft Plan of Subdivision has been revised to show that the closest
dwelling to the Zoo is 168 metres distant from the manure storage, which exceeds
the 142 metres recommended by the Ministry of Agriculture, Food and Rural Affairs
Minimum Distance Separation (MDS) Formulae. The Bowmanville Zoo is satisfied
with this proposed separation.
iii) Impact on Abufting Agricuitural Uses -Through data supplied by the applicant and
reviewed by Clarington, the Central Lake Ontario Conservation Authority and the
municipal EIS consultant (Aquafor Beech), it has been determined that ground
water flow in this area is from north to south and east to west, towards the Soper
Creek and East Soper Creek, thus there should be no impact on rural residential
dwellings located on the east side of Lambs Road. It has also been included as a
condition of approval, that the Owner is responsible for connecting any affected
party to the municipal water system or providing a new well where extension of
municipal water is not feasible, or where a party's water supply has been interfered
with as a result of construction or development of the subdivision.
Mostert Greenhouses were also concerned about the impact of light and dust on
their greenhouse operations. It is acknowledged that development of the lands is
likely to increase dust levels in the area during construction. The Municipality has
provisions to govern dust control on construction sites in the subdivision agreement.
The lands on both sides of Lambs Road are within the urban boundary where more
intense development is to be directed. There will be light from this subdivision in the
future, and there will be street lights in the future on Lambs Road. The timing of
these street lights is determined by a number of factors, including the economy as a
whole, the demand for development by developers and the municipal capital works
budget. Lighting on municipal roads is designed to provide a safe level of service
with minimal light spill beyond the street line.
iv) Increased Traffic on Lambs Road -Lambs Road was designated as a Type B
arterial in the Durham Regional Official Plan in 1993 and the Clarington Official Plan
in 1996. As such this road will at some time be reconstructed with aright-of-way
width ranging from 30 to 36 metres. Type B arterial roads are to be designed to
move significant volumes of traffic at moderate speeds. The proposed development
along Lambs Road has been planned for through both the applicable Official Plans
and their subsequent policies. The application provides for the appropriate road
widenings.
REPORT NO.: PSD-086-10
PAGE 14
v) Development is at Too High aDensity- There will be a significant increase in
density from the few houses currently existing along Lambs Road to an urban type
development. The Provincial Growth Plan requires all new development to be at a
higher density than previously achieved all across the Greater Golden Horseshoe to
prevent urban sprawl. This development averages 29 units per net hectare, ranging
from 24.6 units per net hectare for the low density and 35.2 units per net hectare for
the medium density. This meets the current policies of the Clarington Official Plan
which permits densities of 10-30 for low density development and 31-60 for medium
density development.
vi) Impact on Taxes of Rural Residentia! Properties in fhe Area -These applications
do not change the Official Plan designation of "Future Urban Residential" or zoning
of "Agricultural" on surrounding properties. Residents may find their property values
increase or decrease depending. on the economy and the development pressure on
the east side of Lambs Road in the future.
vii) Protection of the Existing Tree Line along the West Side of Lambs Road -Trees
along the west side of Lambs Road were not identified through the EIS as
significant trees to be protected. However, if approval is given for this plan of
subdivision, a tree preservation plan will be required. The Municipality will seek to
ensure that mature trees, where possible, will remain. However, although the
proposed subdivision may not affect the trees, the future urbanization of Lambs
Road may. It is a recommendation of the EIS that the applicant be required to do
plantings along the Soper Creek to enhance the health of the Soper Creek; that
additional planting south of Concession Street East in the northwest corner of the
development be done and that some transplanting of regionally rare species be
done to ensure continued survival.
viii) This Development Constitutes Urban Sprawl on the East Side of Soper Creek -
The subject lands have been within the urban area boundary of Bowmanville since
the approval of the Regional Official Plan in November 1993. The lands east of
Lambs Road extending to Bennett Road are designated Future Urban Residential
Area and are also within the Bowmanville urban area boundary.
10.5 Bowmanville Zoo
The Bowmanville Zoo (the Zoo) abuts the south west portion of the property for a
distance of approximately 380 metres. The Zoo also shares a boundary with the
Municipality's Mearns Avenue Park, about 420 metres in length. The Zoo has .raised a
number of concerns, but primarily two key issues:
Security:
It is the configuration of the Zoo and its enclosures relative to the proposed Draft
Plan of Subdivision that concerns the Zoo's owners. The Zoo states it has been
able to abut the Mearns Avenue Park boundary in a harmonious manner as the
Zoo does not occupy any of their lands north of the Soper Creek at this time. This
unoccupied area and the creek have created a buffer between urban uses and the
Zoo. However, the Zoo has developed animal enclosures and buildings along its
eastern limits as historically the easterly abutting property has been used for
agriculture and prior to 1996 was beyond the Bowmanville urban area limit.
REPORT NO.: PSD-086-10
PAGE 15
The Bowmanville Zoo requested a variety of security improvements including a
buffer area between the proposed dwellings and the Zoo and improved fencing, at
the expense of the applicant. The Zoo has also submitted a disk containing
summaries of zoo incidents worldwide for the last two (2) years. Staff have
reviewed the zoo incident summaries and would note there are a variety of articles
regarding zoo security, zoo animal attacks on people, and incidents of people
trespassing or causing harm to zoo animals.
ii) Odour and Future Residents:
Staff contacted the Ontario Ministry of Agriculture, Food and Rural Affairs
(OMAFRA) regarding the application of their Minimum Distance Separation
requirements for this development relative to the Zoo. These factors are typically
used for livestock and are applied outside urban area limits. However, they may be
used by the Municipality to evaluate the. impact of the zoo animals and their manure
production on proposed residential dwellings. The applicants submitted an
Agricultural Analysis which indicates a minimum setback of 142 metres to any
dwelling unit is appropriate. The draft plan of subdivisioh has been designed to
achieve this, and indicates a minimum setback of 168 metres to the nearest
dwelling unit.
A key consideration is that the Zoo follows acceptable standards for manure
handling and disposal.
After a number of meetings held between the applicant, the Zoo and Staff, all parties
have for the most part come to an agreement that would satisfy the needs and concerns
of the Zoo, the Municipality and the developer. Firstly, the Zoo was satisfied with the
proposed separation between the Zoo property and any residential dwellings within the
Draft Plan of Subdivision. Secondly, the applicant offered to dedicate a 3 metre wide
strip of land along the entire shared property line between the Zoo property and the
Stormwater Pond Block, in order to afford the Zoo additional space for their day to day
operating needs. The Zoo was quite satisfied with this offering. Lastly, it was determined
that the applicant will be responsible for constructing a safety barrier between the Zoo
property and the subject property in the form of anon-scalable, non-gated and smooth
surfaced wall with razor wire positioned at the top edge of the wall. Additional features
such as the planting of unfriendly vegetation along the length of the wall will be
incorporated through the design. of the stormwater management block, as a means of
further deterring the public from entering the Zoo lands.
The primary function of the wall is to discourage people from trespassing onto the Zoo
property and potentially injure the animals or become injured themselves. The
secondary function of the wall is to keep the Zoo animals within the limits of the Zoo
property, by adding a physical barrier which would be difficult to climb or pass through in
case an animal were ever to escape their respective enclosures.
The proposed barrier will be built entirely upon the Zoo property, and therefore will not
become the responsibility of the Municipality when the abutting lands (stormwater
management pond block) are transferred. Staff are satisfied that the proposed barrier
wall will, in addition to providing security measures for the Zoo, provide the needed
separation between public and private uses.
REPORT NO.: PSD-086-10
PAGE 16
The Bowmanville Zoo, however, is not entirely satisfied that the wall will meet their
security needs for keeping animals within the Zoo property if they were ever to escape
their enclosures. The proposed conditions of approval require the applicant to, at the
very least, construct the non-scalable wall to a height of 2.43 metres with razor wire,
which is sufficient to keep people from trespassing onto the Zoo lands.
The Zoo has informed Staff that in order to maintain their accreditation through the
Canadian Association of Zoos and Aquariums, the barrier wall may need to be built at a
height greater than what the applicant is proposing to build.
10.6 Proaosed Amendment to Fence By-law
The Municipality of Clarington's Fence By-law specifically allows barbed wire on a fence
located on lands in an agricultural zone, and actively used for the purposes of keeping
livestock. As previously mentioned, the Bowmanville Zoo has requested that the
applicant construct a barrier wall/fence with razor wire instead of using barbed wire. The
Zoo indicated that if a large cat were ever capable of scaling the proposed barrier wall,
barbed wire would not be sufficient to keep the animal from climbing over to the other
side.
A formal request was submitted by the Bowmanville Zoo, to amend the Fence By-law to
allow razor wire on a fence on the Zoo's property in conjunction with the future fence.
The amendment would create an exception for the Zoo property only, and would not
apply to any other property in Clarington. Considering the unique circumstances for the
request (proximity of new living areas to Zoo animals), Staff agree that the Zoo's wishes
for added security measures is warranted. If the Zoo is not granted an exception to the
Fence By-law (Attachment 7), the proposed conditions of approval, as contained in
Attachment 5, will be amended by Staff accordingly.
10.7 Proaosed Amendment to Zoning By-law
It is recommended that the lands be rezoned to allow development of the subject lands,
as proposed. The Holding provision will be utilized to ensure adequate access and
services prior to development and will be lifted by Council when the appropriate
conditions are met. It is recommended that the Soper Creek and East Branch of Soper
Creek, inclusive of the woodlands and protective buffers, be placed in the
"Environmental Protection (EP) Zone".
10.8 Vallevlands
The dedication of the open space blocks along the Soper Creek Valley affords the
Municipality the potential for the expansion of a trail system linking Concession Street
East, to the Mearns Avenue Park to Durham Highway 2, then south to the Visual Arts
Centre and Soper Creek Park (Attachment 4). The trail system, east of the Soper Creek
Valley adjacent to the rear of Lots 244 to 273 and Block 280 and north of East Soper
Creek, is proposed to be constructed by the proponent at their expense, and will provide
connection between the park and Lambs Road, as well as between the park and
Concession Street East.
REPORT NO.: PSD-086-10
PAGE 17
10.9 Proposed Park and stormwater Management Plan
The Clarington Official Plan contains policies to guide development of park blocks:
• The park system will connect with the Open Space system wherever possible. The
proposed park block is located. adjacent to the stormwater management block and in
between both a north and south Open Space block. This location affords. ample
connectivity to the Soper Creek valley system.
• Parks will be located as central as possible to the areas which they serve. The park
is generally located in the southern portion of the site. However it is centrally located
between the two (2) open space blocks and the stormwater management block,
providing a.connection between the two (2) valley corridors.
• Physical means of access shall be provided on two (2) sides of all municipal parks.
This park is only accessible by a local road along part of its eastern edge and there is
a pedestrian connection noted above from the Soper Creek valley.
• Street frontage shat! not be less than 25% of the park perimeter. Currently the park
has a rectangular configuration which affords approximately 31 % of its perimeter to
have street frontage. This configuration allows for generous public pedestrian access
and community views into the park. Having the park block adjacent to the stormwater
management pond block provides a depth to the sense of open space and, as the
pond is proposed to have permanent water storage, with no chain link fencing between
the pond and park blocks, the pond creates a water feature for the neighbourhood.
The stormwater management pond also provides a security feature relative to the
Zoo. Its long, narrow configuration provides an additional barrier to the proposed
barrier wall along the property boundary. With heavy planting of unfriendly plant
species on the western edge, this feature will assist in minimizing security issues.
10.10 Financial Impact Analysis
In 2007/2008 a Financial Impact Analysis that quantified the overall impact of selected
large scale development proposals in the context of overall growth in Clarington. The
subject draft plan of subdivision application was included in the analysis. The analysis
demonstrated that Clarington has a sufficient supply of land either draft approved or
registered subdivisions to achieve the 10 year growth forecast under the Development
Charges Study.
The subject lands were not anticipated, by the Municipality to develop until beyond 2014
as municipal works required to support the development were not included in the 10
year capital works forecast. Howeverin more recent months, the background study to
the recently approved Development Charges By-law, has included some of the works
required to support this development in the 10 year capital works forecast. As a result
the development of the subject lands is no longer considered premature. In order to
satisfy the Municipality that the proposed development will not have an overall negative
fiscal impact on the Municipality, the applicant has submitted a report, to the satisfaction
of the Director of Engineering Services, that recommends a number of infrastructure
improvements to be implemented by the applicant until full urbanization of Lambs Road,
Concession Street East and Highway 2 occurs. In addition, the applicant has agreed to
pay for the development of the park and trail system, as well as a sidewalk connection
to existing sidewalks at Concession Street East and Soper Creek Drive.
REPORT NO.: PSD-086-10
PAGE 18
10.11 Neighbourhood Design
Since the submission of the Draft Plan of Subdivision application, Staff have been
working with the applicant to incorporate further urban design principles into the
proposed Plan of Subdivision. In addition a number of changes were made to address
the development limits defined through the Environmental Impact Study. The applicant.
has made revisions to the proposed Draft Plan of Subdivision to include defined
medium density blocks, increased view corridors to the Soper Creek valley, a wider
variety of lot widths ranging from 10 metres to 15 metres, a green area (parkette) in the
north part of the development, improved exterior (flankage) elevations, and improved
noise fencing.
10.12 The proposed conditions of draft approval contained in Attachment 5 to this report have
been prepared to the satisfaction of the Directors of Planning Services and Engineering
Services. In addition, the applicant has provided Staff-with their concurrence to the
proposed Conditions of Approval (Attachment 5) with the understanding that the
conditions relating to the interface between the Zoo and the development lands may be
amended depending on further discussions with the Zoo.
10.13 All taxes are up to date on the subject lands.
11.0 CONCLUSION
11.1 In consideration of the findings of the Environmental Impact Study, comments received
from circulated agencies, area residents and the' Bowmanville Zoo, and based on
review of the proposal, staff recommends that the Official Plan Amendment, Draft Plan
of Subdivision, Fence By-law Amendment and Zoning By-law Amendment be
approved.
Staff Contact: Meaghan Harrington
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Plan of Subdivision
Attachment 3 - Clarington Official Plan Amendment
Attachment 4 - By-law to Adopt Clarington Official Plan Amendment.
Attachment 5 - Conditions of Draft Approval
Attachment 6 - Zoning By-law Amendment
Attachment 7 - Fence By-law Amendment
Attachment 8 - By-law Authorizing Subdivision Agreement
REPORT NO.: PSD-086-10
PAGE 19
List of interested parties to be advised of Council's decision:
Far Sight Investments Limited
Sernas Associates
Allison Lester
Anne Caroline Wilson
Bernie Hirseland
Bert Newtel
Betty Marti
Dale Toombs
Dave & Shelley Winkle
Deborah Patrick
Derrick Stein
Dr. Wendy Korvar
Frank Lockhart
Julie Mackenzie
John O'Toole
Lorne Morton
Lyndsay Luckhardt
Margaret Quinney
Mark & Cheryl Rigby
Marlene Amos
Mary Mogford
Matt & Marianne Yeatman
Michael Hackenberger (Bowmanville Zoo)
Mike Domovich
Peter Klose
Rhonda Hooper
Richard Mostert
Shirley Amos
Shirley Johnson
Tom Campbell
Attachment 1
To Report PSD-086-10
2 ~--
d ~ ~ v
.C
N
of
~ _ .'
C t+ C w
~
~
/
-T + d
d
m
u
~ ~ ~ d p c O 'O w
a s n Q
£
W ~ 7 C
~
G
~
c G~ N c ~ ~ L
N ,p N m
T
'.~..
3=' Q T Q d V R fn
Q m fA ~ `m
N
J
~~ ~x
~ ~
t7 LL
U R ::
r
o ~~
~
®
~ o O D m
N ~
` ~ ®
a
~
~ ~~
i
~
L-
--
w -- ~
o
w i
I
~ ~
r
. ~, __
I I
I ~
I I ~
"~ "--
ovoa sewn avoa sawn
$m~
- z °~4
~~s~
~~~ ~xx^
gym
x =
m
9:^
~.,
x
.~3W y
Ili
p. cans ~ ~ T<
.ae
`°~P
~
~
m
P
I
ll
~
_~
~
S5
g9• ~Sa
__
i`S2
~ a
_
-
bJ H33bJ
l
-
b3dpy
/
Q
ZI
y ~j 4
K ~
W m
w p ~+
Y ~l]~ /y
~ 1J v U ~ l~
'b 2
- s ~
Q,
F
3 /
a
1N3JS3bJ Stl3133J3N
J
IVII IIII~~\ J
3lIN3ntl$NW 3W 3nN3ntl 5NNV3W w G
Attachment 2
To Report PSD-086-10
REVISED _. -
Draft Plan FDR
PART OF LOi J, CONCESSION 1
MUNICIPALITY OF CLARINGTON
REGIONAL MUNICIPgLITY OE DURHAM
I ~` ~~ a(
z ~.J
v
I ~ r ~ L
_ p~ ~
is ~ r°J
§re6J
I
I ~~o~
~ ~~
III 5
Iw ~„7
t--, ~
I ra,
d ~
~~.
~1 ~-I
~ L\,
~' { ~. I
~~ ~
I o~g" x y
i ~4o y
u~m ay
~ Y
I ~y
I~
I~
II
+~
I ~~~
I ~~
I
I I.
I }
I
I 3
I
I
I
I _ _ ~,
I-_____
I
I f
I --'
141
~ EI
i
I
I i
?>~_ ~~J
i ~~ s,~
+.
d L.
V,~~- _. .. _. ...
I ~ - no., ~ ._t ' I
Y GE ~ i ="~ ~ _ _
~ I
I
I ~ ~ ~,. ~ t ~ ba.,.. I
I'I i .U ~.
I ~I--_._
I'. I ~ `e
I I ~ ~~ I
a
~ --- ~ I ~~ ::~ ~I
a~.'t ~1
F _ J O~ ~~
I ~
I ~ ~ ~
~ r~
~ 1
II
~n_ m flm~~z,m ~nl
eia oo~.e - aeN[. n, zma r.~ ozmzn-onauusiwwusoP~-nsseuev-eewuxeo-~.o.owc ~ ~%-~-p m ~Po~ DP_1~
g.3NAf A330CIATIS
1N iak Car iif,5{g,-0F2.
wu- e~ea~z+orr
,M.cy. cx
uxsn
Darlington. Mills
~~
I ~
~ i ~ 3~,
~_
I ..a...~...
AMENDMENT NO. 76
TO THE CLARINGTON OFFICIAL PLAN
Attachment 3
To Report PSD-08610
PURPOSE: To amend the Official Plan of the Municipality of Clarington
to delete the Public Elementary School symbol from the
subject lands, to adjust the allocation of low density and
medium density units and neighbourhood populations in the
Vincent Massey Neighbourhood accordingly.
LOCATION: The subject lands are located west of Lambs Road, south of
Concession Street East and north of Regional Highway No.
2,within Part Lot 7, Concession 1, former Township. of
Darlington.
BASIS: This amendment is based on Council's consideration of an
Official Plan Amendment (COPA 2008-0006) submitted by
Far Sight Investments Ltd. for the development of 541
residential units on the subject lands.
ACTUAL
AMENDMENT: The Clarington Official Plan is hereby amended as follows:
i) By amending Map A3 "Land Use Bowmanville Urban
Area" by deleting the Public Elementary School
symbol on the subject lands as illustrated in Exhibit
~,A,,.
ii) By amending Table 9-2 "Housing Targets by
Neighbourhood" as it applies to Bowmanville
Neighbourhood "N5 Vincent Massey" to reflect the
following:
(i) Low Density Units from 1025 to 1125
(ii) Medium Density Units from 200 to 250
(iii) Total Units from 1400 to 1550
(iv) Amending all corresponding totals.
iii) By amending Map H2 "Neighbourhood Planning Units
- Bowmanville Urban Area" by changing the
population of the Vincent Massey Neighbourhood (5)
from "3600" to "4350" as illustrated in Exhibit "B".
IMPLEMENTATION: The provisions set forth in the Municipality of Clarington
Official Plan, as amended, regarding the 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.
Ca LDO
Exhibit "A", Amendment No. 76 To the Municipality of Clarington
Official Plan, Map A3, Land Use, Bowmanville Urban Area
---------- - ~ ~ --- -I
%.
%~~
~i ®a ~ % I
//i ~
o ~ ~/~~ j
M
~ ~ j~~ ~~~/ % l
coR~ RoAO/ ~
0 ~ ~ O tO ~~
M O I
b i
~ ° i° ~ ~~
~ ~ ®i "' ``
~® O
M O
O ~ ~ ~p
®j ~ p /
M ~
ru m ~
O '~
~ a
~ J
~ ~ ~
SPECIAL W
POLICY ~
~~/y AREAE ,.. fw"~ _.,
~~ ~ coRCE Delete Public Elementary ~
/ ~ School Symbol ~
QM •\
~
") •.
/SPECIALi
/ POLICY /
;AREAE ~
/ •
~~~u1
O
~ i ~ ~
~
,
~"
~~~
Exhibit "B", Amendment No. 76 To The Municipality of Clarington
Official Plan, Map H2, Neighbourhood Planning Units, Bowmanville Urban Area
-----~._~_~__iti~
. ~ . I
~ ~~
CONCESSION ~~~
ROAD 3 ~ 0 200 400 Bop Bp0 m
200 m
~
~ ~
~ 9 s
,
~ KNO ~
(535) ~ FENW ~
, (5500
I ~
U ,
I K
11
w 0]
7 m
~
~'`~..~
' BR(0309~) ~' (3900) 6
APPL
BL0 SOM I
(47
~ ~
' ~ 4
CONCESSION STREET
~
~
2
KING ST. (2000) 5
'
~
C
ENTRE
VIN ( ) EY
~
m I
DARLINGTONI
GREEN (~300~ '
(3200) I
(3100) Change Population
WAVERLY 1 From "3600" To "4350"
13 (azoo) -
~~ ~ ~~~ 1~~~ r~S, ~I
~aKE orvraRio MAP H2
~ NEIGHBOURHOOD PLANNING UNITS
BOWMANVILLE URBAN AREA
OFFICIAL PLAN
MUNICIPALITY OF CLARINGTON
- ~ URBAN BOUNDARY JANUARY 1, 2010
NEIGHBOURHOOD BOUNDARY REFER TO SECTIONS S AND 9
1H6 CONSIX1pATpN 6 PItONpEO fpR CONr4lIENCE ONLY
(1000) RovuunoN ~p1p rtcvRrsDrts xBauLSTm HpOIRG11gN5 w'p APPROVALB
Attachment 4
To Report PSD-086-10
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2010-
being a By-law to adopt Amendment No.76 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act R.S.O 1990, as amended, authorizes the
Municipality of Clarington tc 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 delete the Public Elementary School symbol from
the subject lands, and to adjust the allocation of the neighbourhood population in the
Vincent Massey Neighbourhood accordingly.
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No.76 to the Clarington Official Plan being the attached
Explanatory text is hereby adopted.
2. This By-law shall come into 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
Attachment 5
To Report PSD-086-10
CONDITIONS OF-DRAFT APPROVAL
Draft Plan of Subdivision S-C-2005-002
Part Lot 7, Concession 1, Former Township of Darlington
Dated June 15, 2010
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved
draft plan of subdivision S-C-2005-002 prepared by Sernas Associates on
Part of lot 7, Concession 1 in the former Township of Darlington, identified
as job number 02072a, dated May 26, 2009, which illustrates 273 single
detached dwelling units, 5 blocks for 29 street townhouse units; 2 blocks
for 239 block townhouse units, open space blocks, a stormwater block,
park block, 0.3 metre reserve blocks, roads, road widenings and a block
retained by the owner.
RED LINE REVISIONS
2. The following revisions must be made to the plan:
i) A 3 metre wide strip of land, along the entire shared property line
between the Bowmanville Zoo property and Block 283, shall be
illustrated on the plan as a Block to be dedicated to the
Bowmanville Zoo. Please revise the "Schedule of Land Use"
accordingly; and
ii) The medians depicted on the plan at the intersections of Lambs
Road and Street'B', and Lambs Road and Street 'A' shall be
removed from the plan.
FINAL PLAN REQUIREMENTS
3. The Owner shall dedicate the road allowances included in this draft plan
as public highways on the final plan free and clear of all encumbrances.
4. 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.
5. The Owner shall prepare an Environmental Sustainability Plan, prior to
final approval, for approval by the Director of Planning Services and the
Director of Engineering Services. This plan shall identify specific
measures on how development in Plan S-C-2005-002, will ensure the
protection, conservation and enhancement of air, water, and ecological
features and functions, energy and other resources and heritage
resources. As a minimum, the report shall address;
i) Energy conservation measures for new homes, such as the
construction and operation of new residential building to a minimum
rating of 80 or more in accordance with Natural Resources Canada
"EnerGuide for New Houses" or equivalent certification system;
ii) Water conservation measures for new homes such as the Water
Sense program or equivalent program;
iii) Use of environmentally friendly materials or finishes in the
dwellings; and
iv) The preparation of a Homeowners Manual/Guide to distribute to all
property purchasers in the development area educating landowners
about the wetland, Coldwater creek, wildlife and valleylands.
6. The Owner shall prepare a Community Theme and Urban Design
Implementation Plan, prior to final approval, to the satisfaction of the
Director of Planning Services and Director of Engineering Services. This
Plan shall confirm and control intended pattern of development in the Plan
of Subdivision S-C-2005-002. The Plan shall include the proposed
network of roads, transit, pedestrian and bicycle routes, the location of
specific features, sites and residential lots within the neighbourhood such
as corner lots, and T-intersections that require specific lot and building
placement, orientation and architectural features, design concepts for
community theming including gateway treatments, landscape treatments,
lighting fixtures, fencing details and related design issues for the overall
design, location and configuration of trails and open space buffers.
7. The Owner shall submit to the Municipality of Clarington and the Regional
Municipality of Durham, for review and approval, an acoustic report (and
addendum, where applicable) 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 (i.e. author,
title, date and any revisions/addenda thereto) and shall include any
required warning clauses identified in the acoustic report. The Owner shall
provide the Region with a copy of the subdivision agreement containing
such provisions prior to final approval of the plan.
8. The Owner shall obtain municipal approval of the zoning for the land uses
shown on the approved draft plan in accordance with the provisions of the
Planning Act.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
9. 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
Municipality shall require the preparation of a separate subdivision
agreement for each phase of development.
10. The future phasing of this draft plan will be restricted by the number of
external 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
determined at the engineering stage and shall be at the sole discretion of
the Director of Engineering Services.
11. The Owner shall submit to the Municipality of Clarington, for review and
approval, a Staging of Infrastructure Improvements Report, (and
addendum, where applicable) to the satisfaction of the Director of Planning
Services and Director of Engineering Services. The report shall indicate
what infrastructure improvements are necessary to facilitate the
anticipated growth, in the absence of full urbanization of Highway 2,
Lambs Road and Concession Street East, where they abut the subject
property.
12. 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.
13. 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.
14. Prior to registration of any portion of the subject draft plan the owner must
demonstrate how perpetual maintenance of any blocks identified as "Part
Lots or Blocks" will be undertaken.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
15. All land dedications, easements, sight triangles and reserves as required
by the Municipality of Clarington for this development must be granted to
.the Municipality of Clarington free and clear of all encumbrances and in a
form satisfactory to the Municipality's solicitor.
16. The Owner shall convey a 5.0 metre road widening across the entire
frontage of the draft plan to the Region of Durham for the purpose of
widening Regional Highway No. 2 as shown on Block 295.
17. The Owner shall convey a 0.3 metre reserve across the entire frontage of
the draft plan along Regional Highway No. 2 to the Region of Durham as
shown on Block 287.
18. The Owner shall convey a 20.0 metre x 20.0 metre sight triangle at the
northwest corner of Regional Highway No. 2 and Lambs Road to the
Region of Durham.
19. The Owner shall convey a 3.0 metre road widening across the entire
frontage of the draft plan to the Municipality of Clarington for the purpose
of widening Concession Street East as shown on Block 292.
20. The Owner shall convey an 8.0 metre road widening across the entire
frontage of the draft plan to the Municipality of Clarington for the purpose
of widening Lambs Road as shown on Block 293.
21. The Owner shall convey a 14.0 metre x 14.0 metre sight triangle at the
southwest corner of Concession Street East and Lambs Road to the
Municipality of Clarington.
22. The Owner shall convey 14.0 metre x 7.0 metre sight triangles at the
northwest and southwest corners of Lambs Road and Street A, as well as
at the northwest and southwest corners of Lambs Road and Street B.
23. The Owner shall terminate any deadends 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.
24. The Owner shall convey the 0.3 metre reserve shown as Block(s) 288,
289, 290 and 291 on the draft plan, to the Municipality of Clarington.
25. Temporary turning circles may be required depending upon the phasing of
the development. The need for any additional temporary turning circles
.and frozen lots will be determined at the engineering stage solely at the
discretion of the Director of Engineering Services.
26. The Owner shall convey Block(s) 281 and 282 to the Municipality of
Clarington for park or other public recreational purposes in accordance
with the Planning Act.
27. The Owner shall convey Block 283 to the Municipality of Clarington for
Stormwater Management purposes.
28. The Owner shall submit a facility fit plan to ensure that the park block they
are proposing, Block 282, can accommodate all of the typical features the
Municipality requires in a neighbourhood park. Those features would
include a water play area, traditional play area, park shelter, un-lit soccer
field, connecting walkways, parking lot for 30 cars, '/: court basketball, and
a trail connection to link the open space areas north and south of the park.
29. The Owner will be responsible for the cost (100%) of constructing the park
on Block 282 as shown on the draft plan of subdivision S-C-2005-002. The
Owner shall retain a qualified Landscape Architect to undertake the
preparation of a detailed park concept plan followed by the preparation of
park construction drawings and specifications all to be approved by the
Director of Engineering Services.
The park construction drawings shall clearly indicate all park grading,
equipment and facilities. Park facilities to be included in the. park block
shall include but not be limited to:
• water play area with rubberized surface;
• traditional playground with equipment suitable for junior and senior
age children;
• hard surface play court (i.e. basketball, ball hockey);
• shade structure;
• park furniture such as benches, picnic tables, waste containers,
bike racks as appropriate;
• one unlit sports field;
• paved walkways/trail linkages;
• lighting to discourage loitering and vandalism around the central
play area;
• tree and shrub planting as appropriate;
• park sign; and
• park entirely sodded.
30. The Owner is required to provide the park site, Blocks 282, in the
registration of the first phase of development. The owner agrees to
commence construction of the park Block 282 at the issuance of the 151st
building permit. The Owner agrees to complete the park construction in
accordance with the approved construction drawings and specifications prior
to the issuance of the 240tH building permit. The park site must be fenced
and sodded to the satisfaction of the Director of Engineering Services,
with a minimum cover of 200 mm of topsoil.
31. The Owner is responsible for constructing a paved pedestrian trail, along
the east side of Soper Creek and on the north side of the east branch of
Soper Creek, within Open Space Blocks 284 and 285. The trail shall
connect with the sidewalk network along Concession Street East,
extending south within the 5 metre buffer to the Environmental Limit along
Blocks 280 and 281, and Lots 244 to 272 to tie into Open Space Blocks
282 and 283. The trail shall connect Block 282 to Lambs Road within
Open Space Block 285. The design and specifications of the pedestrian
trail shall be approved by the Director of Engineering Services.
32. The Owner is responsible for the removal of any material such as
composted manure, fertilizer, potential environmental hazards or other
unsuitable material from the proposed park block and stormwater
management block prior to the transfer of Block(s) 282 and 283 to the
Municipality.
33. The Owner shall grant such easements as may be required for utilities,
drainage and servicing purposes to the appropriate authorities.
34. The Owner shall provide and install sidewalks, street lights, temporary
turning circles etc., as per the Municipality's standards and criteria.
35. The Owner shall provide sidewalk connectivity from Street 'A' north on
Lambs Road, west on Concession Street East to the existing sidewalk
network on Concession Street East, prior to the issuance of any building
permit for a residential lot.
36. The Owner shall cause all utilities, including hydro, telephone, Cable TV,
etc., to be buried underground.
37. The Builder shall 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.
38. The Owner shall submit a detailed tree preservation plan to the
satisfaction of the Director of Engineering Services. No trees shall be
removed until such time as this plan has been approved except as
authorized by the Municipality.
39. 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.
40. 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.
41. No building permit shall be issued for the construction of any building on
any residential lot or block on said plan, until the Municipality's
Architectural Control Guidelines have been complied with including the
exterior architectural design of each building and the location of the
building on the lot has been approved by the Municipality of Clarington.
42. 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.
43. The Owner agrees that where the well or private water supply of any
person is intertered with as a result of construction or the development of
the subdivision, the Owner shall at his expense, either connect the
affected party to municipal water supply system or provide a new well or
private water system so that water supplied to the affected party shall be
of quality and quantity at least equal to the quality and quantity of water
enjoyed by the affected party prior to the interterence.
44. 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.
45. The Owner shall pay to the Municipality, the development charge. in
accordance to the Development Charge By-law as amended from time to
time.
46. 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 each
40M Plan proposed for registration.
47. The Owner shall carry out a cultural heritage resource assessment of the
subject property and mitigation and/or salvage excavation of any
significant heritage resources to the satisfaction of the Regulatory and
Operations Group of the Ministry of Culture. No grading or other soil
disturbance shall take place or the subject property prior to a letter of
clearance from the Regulatory and Operations Group of-the Ministry of
Culture.
48. Prior to any on-site grading or construction or final registration of the plan,
the Owner shall submit and obtain approval from the Municipality of
Clarington, and the Central Lake Ontario Conservation Authority for
reports describing the following:
a) the intended means of conveying stormwater flow from the site,
including use of stormwater techniques which are appropriate and in
accordance with the provincial guidelines.
b) the anticipated impact of the development on water quality, as it relates
to fish and wildlife habitat once adequate protective measures have
been undertaken; and
c) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with
the provincial guidelines. The report must outline all actions to be taken
to prevent an increase in the concentration of solids in any water body
as a result of on-site or other related works, to comply with the Canada
Fisheries Act; and
49. The Owner agrees that the final erosion hazards limits related to stable
slope setbacks will be determined and submitted for review and approval
of the Central Lake Ontario Conservation Authority. Should the erosion
hazard limits extend beyond the current lot boundaries as shown on the
draft plan, the plan will need to be revised accordingly.
50. The Owner agrees to carry out the requirements and recommendations of
the approved Environmental Impact Study, as prepared by Aquafor Beech
Limited, and dated October 2008.
51. The Owner shall prepare a landscape plan for the stream banks, the 5
metre offset to the New Environmental Limit, and the stormwater
management pond for review and. approval of the Central Lake Ontario
Conservation Authority and the Municipality of Clarington. The Owner
shall agree to implement the approved landscape plan prior to final
registration of the plan of subdivision at 100% cost to the Owner.
52. The Owner shall prepare a restoration plan for the areas requiring
restoration to be reviewed and approved by the Central Lake Ontario
Conservation Authority and the Municipality of Clarington. The Owner
shall agree to implement the approved restoration plan prior to final
registration of the plan of subdivision at 100% cost to the Owner.
53. The Owner shall prepare a transplant plan for regionally rare Geranium
maculatum found onsite for review and approval of the Central Lake
Ontario Conservation Authority. The Owner shall agree to implement the
approved transplant plan prior to final registration of the plan of
subdivision at 100% cost to the Owner.
54. The Owner shall dedicate the Open Space Blocks 284 and 285 to the
Municipality of Clarington.
55. The Owner shall dedicate a 3 metre wide strip of land, along the entire
shared property line between the Bowmanville Zoo Property and Block
283, to the Bowmanville Zoo. The dedicated block of land shall not include
lands which form any part of either Block 284 or 285. In addition, the
Owner shall include in the Homeowners Manual/Guide specified in
Condition 5, a section advising future residents of the proximity of the
Bowmanville Zoo to their homes and the possibility of noises and smells
associated with the Zoo.
56. The owner shall install fencing along the western boundary of the Block
Townhouse Block 280, along the rear of the Lots 244 to 273 inclusive, and
along the western and southern boundaries of the Block Townhouse Block
279.
57. The Owner shall install a 2.43 metre high, non-gated and non-scalable
fence with razor wire parallel to the shared property line between the
Bowmanville Zoo and the pond block. The fence shall run the entire length
of the common property line between the Bowmanville Zoo and Block
283.This fence shall be located entirely on the adjacent zoo property
within 0.3 metres of the property line. The Owner shall be responsible for
100% of the cost and construction of the 2.43 metre high fence.
58. The Owner shall satisfy all financial requirements of the Central Lake.
Ontario Conservation Authority. This shall include Application Processing
fees and Technical Review fees owing as per the approved Authority Fee
Schedule.
59. The Owner shall satisfy all requirements, financial and otherwise, of the
Municipality of Clarington. This shall include, among other matters, the
execution of a subdivision agreement between the Owner and the
Municipality of Clarington concerning the provision and installation of
roads, services, drainage, other local services and all internal and external
works and services related to this proposal.
60. 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.
61. 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.
62. The Owner shall grant to the Region of Durham, any easements required
for provision of Regional services for this development and these
easements shall be in location and of such widths as determined by the
Region of Durham.
63. 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 roads, services,
drainage and other services.
64. The Owner shall agree in the Agreement, to grant to the
telecommunication provider any easements that may be required for
telecommunication services. Easements may be required subject to final
servicing decisions. In the event of any conflict with existing
telecommunication facilities or easements, the Owner shall be responsible
for the relocation of such facilities or easements.
65. The Owner shall be required to enter into an agreement (Letter of
Understanding) with the telecommunication provider complying with any
underground servicing conditions imposed by the municipality, and if no
such conditions are imposed the owner shall advise the municipality of the
arrangement made for such servicing.
66. The Owner is responsible for preparing a composite utility plan that allows
for the safe installation of all utilities, including required separation
between utilities.
67. The Owner agrees that streets are to be constructed in accordance with
composite utility plans previously submitted and approved by all utilities.
68. The Owner shall grade all streets to final elevation prior to the installation
of the gas lines and provide the necessary field survey information
required for the installation of the gas lines, all to the satisfaction of the
service provider.
69. The Owner shall ensure that all natural gas distribution systems are
installed within the proposed road allowances. In the event. that this is not
possible, easements shall be provided at no cost to the service provider.
70. The subdivision agreement between the Owner and the Municipality of
Clarington shall contain, among other matters, the following provisions:
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 the Director of
Engineering Services Department.
c) The Owner agrees that no filling, grading or alteration to the water
course shall occur on the property without the prior written approval
of the Central Lake Ontario Conservation Authority.
d) The Owner agrees to carry out the works referred to in Conditions 5
iv), 48, 49, 50, 51, 52, 53, 54, 56 and 58 to the satisfaction of the
Central Lake Ontario Conservation Authority.
e) The Owner agrees to maintain all stormwater and erosion and
sediment control structures operating and in good repair during the
construction period, in a manner satisfactory to the Central Lake
Ontario Conservation Authority.
f) 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
Central Lake Ontario Conservation Authority.
g) The Owner agrees to advise the Central Lake Ontario Conservation
Authority 48 hours prior to commencement of grading or the
initiation of any on-site works.
h) The Builder agrees to 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.
i) The Owner agrees to place the following warning clauses in all
agreements of purchase and sale between the Developer and all
prospective home buyers:
i) "Due to the proximity of this plan to the Bowmanville Zoo,
purchasers should be aware that noises and odours made by
the animals may interfere with some activities of the dwelling
occupants and they shall not object, complain or seek legal
action against such nuisances."
ii) "Purchasers and tenants are notified that there are existing
farming operations nearby and that they shall not object,
complain or seek legal action against such nuisances as noise
and odour resulting from normal farming practices.
j) The Owner agrees to strictly adhere to the site servicing plan as
submitted by Sernas Associates, titled "Functional Servicing Plan"
in support of Draft Plan of Subdivision S-C-2005-002.
k) The Owner agrees to implement those noise control measures,
including any required warning clauses identified, recommended in
the Noise Report required in Condition 7.
I) The Owner agrees to implement the staging of infrastructure of
improvements recommended in the Staging Infrastructure
Improvements Report required in Condition 10 at 100% cost to the
Owner.
m) The Owner agrees to construct a 1. 2 metre high chain link fence
along the lots that back onto the open space, park and stormwater
pond blocks, as indicated on the draft plan. That fence is to be
located 150 mm onto the municipal land to ensure that it cannot be
altered by the abutting land owners.
n) Prior to erecting the proposed 2.43 metre high non-scalable fence
with razor wire, the Owner shall prepare and submit detailed
drawings for the design of the fence, to the Director of Engineering
Service Department for review and approval.
71. Prior to final approval of this plan far registration, the Director of Planning
Services for the Municipality of Clarington shall be advised in writing by:
a) Central Lake Ontario Conservation Authority, how Conditions have
been satisfied;
b) Regional Municipality of Durham Planning Department, how Conditions
have been satisfied: and
c) Enbridge Gas Distribution Inc., how Condition #'s have been satisfied.
NOTES TO DRAFT APPROVAL
If final approval is not given to Phase 1 of this plan within five (5) years,
and within seven (7) years for any subsequent phase 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. It is the responsibility of the Owner of the proposed subdivision, 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.
4. 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. The addresses and telephone numbers of these
agencies are:
a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue,
Oshawa, Ontario, LIH 3T3 (905) 579-0411.
b) Durham Regional Planning Department, 605 Rossland Road East,
P.O. Box 623, Whitby, ON L1 N 6A3 (905-668-7721)
c) Enbridge Gas Distribution Inc., P.O. Box 650, Scarborough, ON M1 K
5E3
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
Attachment 6
To Report PSD-086-10
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 Municipality of
Clarington for ZBA 2005-041;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 14.6 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE THREE
(R3) ZONE" is hereby amended by adding new Special Exception Zones as
follows:
"SECTION 14.6.40 URBAN RESIDENTIAL EXCEPTION (R3-40) ZONE
Notwithstanding Sections 14.1, and 14.3 a., b., c., those lands zoned R3-40 on
the Schedules to this By-law shall only be used for street townhouse dwellings,
subject to the following regulations:
a. Lot Area (minimum)
b. Lot Frontage (minimum)
220 square metres
i) Interior Lot 7.0 metres
c. .Yard Requirements (minimum)
i) Front Yard 6.0 metres to private garage or
carport; 4.0 metres to
dwelling; 2.0 metres to porch
ii) Interior Side Yard 1.2 metres;
Nil where a building has a common
wall with any building on an adjacent
lot located in the same Zone
iii) Exterior Side Yard or 0.3 metre reserve 4.0 metres to dwelling;
2.0 metres to porch
v) Rear Yard 7.5 metres
SECTION 14.6.41 URBAN RESIDENTIAL EXCEPTION (R3-41) ZONE
Notwithstanding sections 3.9,14. a.,14.4 a., b., c., and f., on those lands zoned
R3-41 on the schedules to this By-law shall be subject to the following zone
provisions:
a. Definition
i) Dwelling, Stacked Townhouse: Shall mean one of a group of three
or more dwelling units which are separated vertically andlor horizontally,
provided that each dwelling unit has a separate entrance and fronts either
on an improved public street or on a private street.
b. Permitted Residential Uses
i) Apartment Building
ii) Dwelling, Linked Townhouse
iii) Dwelling, Stacked Townhouse
c. Regulations for Apartment Building
i) Density (maximum) 40 units per hectare
ii) Lot Area (minimum) 3.3 hectares
iii) Lot Frontage (minimum) 150 metres
iv) Yard Requirements
a) Northerly 4.5 metres (min) to 7.5 metres (max)
b) Easterly 4.5 metres (min) to 7.5 metres (max)
c) Southerly 10 metres (min)
d) Westerly 7.5 metres (min)
v) Lot Coverage (maximum) 40%
vi) Landscaped Open Space (minimum) 50%
vii) Outdoor Amenity Space (minimum) 255 square metres
vi) Building Height (maximum) 12 metres
d. Regulations for Link Townhouse Dwellings and Stacked Townhouse
Dwellings
i) Density (maximum) 40 units per hectare
ii) Lot Area (minimum) 3.3 hectares
iii) Yard Requirements to dwelling
a) Northerly 4.0 metres (min) to 6.5 metres (max)
b) Easterly 4.0 metres (min) to 6.5 metres (max)
c) Southerly 4.0 metres (min)
d) Westerly 4.O metres (min)
iv) Outdoor Amenity Space (minim um) 255 square metres
v) Unit Setback Requirements
For the Purpose of establishing regulations for each Link
Townhouse or Stacked Townhouse dwelling unit, the following
specific regulations shall apply as if each unit is located on a lot:
a) Lot Area (minimum) 180 square metres
b) Lot Frontage (minimum) 6 metres
c) Lot Coverage (maximum) 50%
d) Landscaped Open Space (minimum) 30%
e) Yard Requirements (minimum)
(i) Front Yard 6 metres to garage or carport; 4.0
metres to dwelling; 2 metres to
porch
(ii) Rear Yard 7.5 metres
(iii) Side Yard 1.5 metres
Nil where a building has a common wall
with any building on an adjacent lot in
the same Zone.
SECTION 14.6.42 URBAN RESIDENTIAL EXCEPTION (R3-42) ZONE
Notwithstanding sections 3.9,14. a.,14.4 a., b., c., and f., those lands zoned R3-
42 on the schedules to this By-law shall be subject to the following zone
provisions:
a. Definition
Dwelling, Stacked Townhouse: Shall mean one of a group of three
or more dwelling units which are separated vertically and/or
horizontally, provided that each dwelling unit has a separate
entrance and fronts either on an improved public street or on a
private street.
b. Permitted Residential Uses
i) Apartment Building
ii) Dwelling, Linked Townhouse
iii) Dwelling, Stacked Townhouse
c. Regulations for Apartment Building
i) .Density (maximum) 35 units per hectare
ii) Lot Area (minimum) 3.5 hectares
iii) Lot Frontage (minimum) 140 metres
iv) Yard Requirements
a) Northerly 10 metres (min)
b) Easterly 4.5 metres (min) to 7.5 metres (max)
c) Southerly 7.5 metres (min)
d) Westerly 7.5 metres (min)
v) Lot Coverage (maximum) 40%
yi) Landscaped Open Space (minimum) 50%
vii) OutdoorAmenity Space (minimum) 300 square metres
vi) Building Height (maximum) 12 metres
Regulations for Link Townhouse Dwellings and Stacked Townhouse
Dwellings
i) Density (maximum) 35 units per hectare
ii) Lot Area (minimum) 3.5 hectares
iii) Yard Requirements
a) Northerly 4.0 metres (min)
b) Easterly 4.0 metres (min) to 6.5 metres (max)
c) Southerly 4.0 metres (min)
d) Westerly 4.0 metres (min)
iv) Outdoor Amenity Space (min imum) 300 square metres
v) Unit Setback Requirements
For the Purpose of establishing regulations for each Link
Townhouse dwelling unit, the following specific regulations shall
apply as if each unit is located on a lot:
a) Lot Area (minimum) 180 square metres
b) Lot Frontage (minimum) 6 metres
c) Lot Coverage (maximum) 50%
d) Landscaped Open Space (minimum) 30%
e) Yard Requirements (minimum)
(i) Front Yard 6 metres to garage or carport; 4.0
metres to dwelling; 2 metres to
porch
(ii) Rear Yard 7.5 metres
(iii) Side Yard 1.5 metres
Nil where a building has a common wall
with any building on an adjacent lot in
the same Zone."
2.
Schedule `3' to ey-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
Agricultural Exception (A-1) Zone" to "Holding -Urban Residential
Exception ((H)R2-58) Zone";
"Agricultural Exception (A-1) Zone" to Holding -Urban Residential
Exception ((H)R2-60) Zone';
"Agricultural Exception (A-1) Zone" to "Holding -Urban Residential
Exception ((H)R2-61) Zone";
"Agricultural Exception (A-1) Zone" to "Holding -Urban Residential
Exception ((H)R2-62) Zone";
"Agricultural Exception (A-1) Zone" to "Holding -Urban Residential
Exception ((H)R3-40) Zone";
"Agricultural Exception (A-1) Zone" to "Holding -Urban Residential
Exception ((H)R3-41) Zone";
"Agricultural Exception (A-1) Zone" to "Holding ((H)R3-42) Zone";
"Agricultural Exception (A-1) Zone" to "Environmental Protection (EP)
Zone"; and
"Environmental Protection (EP) Zone" to "Holding -Urban Residential
Type One ((H)R1) Zone".
as illustrated on the attached Schedule'A' hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Sections 24(2) and 34 of the Planning Act.
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
This is Schedule "A" to By-law 2010-
passed this day of ,
2010 A
D
,
.
.
I I K
N~
~K it I
wrvcESSioN srREEr easr
i
~ 1,
i ~ _
~r w
e° g '~~~~ T.
Zaning TL Remain "EP"
i 1 °~~~xron '` ~~ y
y -Zoning Change From "EP° To "(H) Ri"
/xgqu pa ~ ~ STREET B
K Zoning Change Fmm"A'TO "EP"
~i
w r~~~, srREErc
o Zoning Charge From"A-1"TO "EP'
w
~'~~ cQ ~~,pa " K ~ w
e
' ~.
°j srgEETC
~.a ®Zaning To Remain'A"
o
~~ ®Zaning Change From'A 1"TO "(H) R7"
~~'~ e~`~~`~ ..-r _ _
N ~ STgEETF
i _~ ®Zaning Change Fmm A-1"To "(H)R2-58'
~ZOning Change From"A-P'TL "(H)R2-60'
_-_ Y _
-` : ' ~ ~~
srREErF
-
Zoning Change From "A-1' To "(H) R2-61"
x..
~K _i
~ I Zoning Change From"A-1"TO "(H)R2-62"
f ~
~ ~ srgEETa Zoning Change Fmm"A-1"TO "(H)R3-40"
~ ,-t o ®Zaning Change From"A-1"TO "(HJ R3-41'
~v STREETD
...t K
'
Zoning Change From "A-1' To °(H) R3 - 42"
y
sTREETD
K -
~~ f1:
K
\ y~K~
\~//
Y~
K/
N ~
L
~~ e~~ErfASi I '~ ~
K
~~K~ -
- ~:
i
Patti L. Barrie, Municipal Clerk Jim Abernethy, Mayor
is ~ ~ ~ I
~
~~ ~ LONLESSgNI. STREET EAST
~ ~ '
?
'J~
D
~~ I ~1
~~ _ ~
-
•
¢~ I
~~
~ 1 qT _ _
~
~
7 `e,.. ~ !
x a~ ~~ ~
~ua~~
~~~~~~ j
I
® i,r _ ~
L
I r~_
BOWMNAVILLE ~
ri --' '~ "'`~ rf~~ ~ zenxoos-oa t
F Ii, SCH
EUULE3
Attachment 7
To Report PSD-086-10
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2010-
being a by-law to amend By-law 2000-105 being a by-law to prescribe the height
and description of lawful fences in the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
necessary to amend By-law 2000-105;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON ENACTS AS FOLLOWS:
1. THAT By-law 2000-105 be amended as follows:
(a) Section 2.0 is amended by adding thereto:
2.13 RAZOR WIRE shall mean a specific form of barbed wire or barbed
tape which is composed of a mesh of metal strips with sharp edges
available as either straight wire or concertina wire.
(b) Section 3.0 is amended by adding thereto:
3.10 Notwithstanding Section 3.2 above, razor wire shall be permitted in
the following circumstances:
(1.) On a fence located on lands actively operated by the
Bowmanville Zoological Park for the keeping of exotic animals
provided that:
a) The razor wire is used to enclosed the external perimeter
of the Park only;
b) The razor wire is placed in a single coil on the top of the
perimeter fencing and on a support arm angled inwards to
the property at not less than 45° to horizontal.
2. This By-law shall come into full force and effect upon the date of its passage by
Council.
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
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
Attachment 8
To Report PSD-086-10
being a By-law to authorize entering into an Agreement with the Owners of Plan
of Subdivision S-C-2005-002 and any Mortgagee whom has an interest in the
said lands, and the Corporation of the Municipality of Clarington in respect of
S-C-2005-002
AND WHEREAS the Owner(s) of draft Plan of Subdivision S-C-2005-002 has received Draft
Approval and intends to proceed to Final Approval and enter into a Subdivision Agreement
with the Municipality;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
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 Owner(s) of the Plan of Subdivision S-C-2005-002.
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
BY-LAW read a second time this day of
BY-LAW read a third time and finally passed this day of
2010
2010
2010
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk