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HomeMy WebLinkAboutPSD-009-12 • 1 Leadir:g the Way REPORT PLANNING SEVIC TM NT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 6, 2012 Resolution #: -1 By-law #: ! - - ! Report#: PSD-009-12 File #: COPA 2010-0005 Subject: AMENDMENT 77 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN TO INCORPORATE THE REQUIREMENTS AND PERMISSIONS AFFORDED TO THE MUNICIPALITY AS A RESULT OF BILL 51, THE PLANNING CONSERVATION LAND STATUTE LAW AMENDMENT ACT, 2006, PLACES TO GROW ACT, 2005, THE GREENBELT ACT, 2005, THE ONTARIO HERITAGE ACT, 2005 AND THE PROVINCIAL POLICY STATEMENT, 2005 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-009-12 be received; 2. THAT Amendment 77 to the Clarington Official Plan be approved and that the by-law contained in Attachment 3 to PSD-009-12 be passed; 3. THAT Amendment 77 to the Clarington Official Plan be forwarded to the Regional Municipality of Durham for approval; 4. THAT the Regional Municipality of Durham Planning Department be forwarded a copy of PSD-009-12; and 5. THAT the interested parties list in Report PSD-009-12 and any delegations be advised of Council's decision. Submitted by: Reviewed b��_ '�- Davibtrome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer LB/COS/df/av 31 January 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-009-12 PAGE 2 1. PURPOSE 1.1 The purpose of this staff report is to recommend to Council approval for the amendments to the Clarington Official Plan as contained in Attachment 1 to PSD-009- 12. 2. BACKGROUND 2.1 Since the Official Plan was first adopted in 1996, Clarington has experienced rapid growth, the Provincial government has introduced major legislation affecting the land use planning process and the Durham Regional Official Plan has been amended. 2.2 The following provides a brief description of the changes that have been made to the legislation, the implications of these changes for Clarington and the resulting proposed policy amendments. The Municipality is required, within a prescribed time frame, to bring the Official Plan into conformity with the Planning Act and Growth Plan legislative changes, thus the need for the attached Official Plan Amendment. 2.3 Planning Act 2.3.1 The Planning and Conservation Land Statute Law Amendment Act, 2006 came into effect on January 1, 2007, and supplied Ontario municipalities with a number of additional powers addressing the land use planning process as well as Ontario Municipal Board (OMB) appeals. The majority of the changes to the Planning Act modify aspects of the planning process, provide additional tools for implementation of provincial policies and give further support to sustainable development, intensification and redevelopment. 2.3.2 The proposed amendments to the Clarington Official Plan related to urban design, the planning process, community improvement plans, and sustainable design and development are in keeping with the Planning Act amendments. 2.4 Provincial Policy Statement 2.4.1 The Provincial Policy Statement, 2005 (PPS) provides policy direction on matters relating to land use planning that are of provincial interest. The PPS focuses growth within settlement areas and away from significant or sensitive resources, it promotes the efficient use of infrastructure, sustainable development, the protection of employment lands, and the overall health and well being of the community. 2.4.2 The directions of the PPS are complemented by other provincial plans such as the Greenbelt Plan and the Growth Plan for the Greater Golden Horseshoe. Together, these documents provide a framework for comprehensive, integrated and long-term planning that supports the principles of strong communities, a clean and healthy environment, and economic growth. REPORT NO.: PSD-009-12 PAGE 3 The proposed amendments dealing with issues such as the protection of employment areas, and cultural heritage can be linked to the directives of the PPS. 2.5 The Growth Plan 2.5.1 The Growth Plan has been prepared under the Places to Grow Act, 2005. It is the framework for guiding growth in the Greater Golden Horseshoe. The Growth Plan directs growth to existing urban areas with a vision for greater intensification in built up areas, transit supportive communities and increased densities for Greenfield development. All with the aim to build complete compact communities. 2.5.2 The policies in the Growth Plan are intended to be read in conjunction with those of the PPS and other provincial Plans including the Greenbelt Plan. The proposed amendments that focus on the preservation of employment lands, support sustainable development and the creation of high quality public spaces are just a few of the objectives of the Growth Plan that have been addressed in this proposed amendment. 2.6. The Ontario Heritage Act 2.6.1 The Ontario Heritage Act, 2005 (Heritage Act) was amended to strengthen and improve heritage conservation in Ontario. The changes made to the Heritage Act affect the Municipality's ability to prevent demolition and manage heritage conservation resources within the planning process, these have enhanced the policy framework. 2.6.2 The proposed amendments to the existing Cultural Heritage policies of the Clarington Official Plan include some new terminology, modified definitions and the strengthening of policies to ensure compatible development adjacent to heritage properties. 3. OFFICIAL PLAN AMENDMENT PROCESS 3.1 The changes to the provincial planning legislation and Regional Policies and how they will affect Clarington and Clarington's response to these policies were presented through the discussion Paper "Let's Have a Discussion...Improving our Built 'orncia� Environment and the Planning Process" p%v W Cmnpuss to our Irurrar c 3.2 The Discussion Paper Let's Have a Discussion...Improving our Built Environment and ......-----------------------------.---- the Planning Process, was the second discussion paper that has been prepared as part of the Official Plan Review. The Discussion Paper was announced and released through Report PSD-109-09 in November 2009. The purpose of the Discussion Paper was to introduce recent changes to the legislation and to explore the implications of the changes to the community. It also presented the proposed direction for an applicable Official Plan Policy to respond to the legislative changes. Following the release of the Discussion Paper and public information session, staff prepared a Draft Official Plan Amendment that was presented to Council at GPA in September 2010. (Staff Report PSD-096-10) REPORT NO.: PSD-009-12 PAGE 4 3.3 The Draft Official Plan Amendment The draft Official Plan Amendment was published on August 18, 2010. The public meeting was held on September 13, 2010 (Staff Report PSD-096-010). It was advertised in the Clarington This Week and the Orono Times in advance of the meeting. Notice of the Public Meeting was mailed to the interested parties list, it was announced in the Planning Services E-Update and on the Ourplan website. Residents, developers and other stakeholders and public agencies reviewed the Draft Amendment and provided comments. 3.4 The Recommended Official Plan Amendment Staff considered the comments received regarding the draft Official Plan Amendment and those received at the public meeting when preparing the recommended Official Plan Amendment (Attachment 1 to PSD-009-012). Notice of the Public Meeting was published on January 18, 2012. It was advertised in the Clarington This Week and the Orono Times and the interested parties were mailed a notice in advance of the public meeting. 4. CONTENTS OF RECOMMENDED OFFICIAL PLAN AMENDMENT 4.1 Introduction The recommended Official Plan Amendment proposes policy revisions affecting the following topics: 1. Urban Design; 2. Employment Areas; 3. Pre consultation and Complete applications; 4. Community benefits; 5. Cultural heritage; 6. Community Improvement Plans; and 7. Definitions The following sections discuss the Amendment as well as provide a brief summary of the implications of these changes to the planning process in Clarington. 4.2 Urban Design Recognizing the need for high quality development as urban areas intensify, Bill 51 provides new powers to municipalities by adding exterior building design to the list of matters which a municipality can address through the site plan control process. These matters include, character, scale, appearance and design features. The other significant component to these enhanced site plan control provisions allows municipalities to require provisions of sustainable design elements within the road right of way, for example plantings, street furniture and other amenities. REPORT NO.: PSD-009-12 PAGE 5 Land use is established through the Official Plan and the Zoning By-law, but how a building looks and fits within its context, is usually achieved through the site plan control process except in residential areas. Every building, road and land use contributes to our sense of place —to our community. The design of a building is intended to meet the needs of the occupant and the user but it should also contribute to the community as a whole by giving character to the spaces we enjoy. This proposed Amendment adds an entire chapter of policies to the Official Plan (proposed Section 5A Urban Design) to ensure a quality built environment. Urban design principles and guidelines already exist in various locations within the Official Plan; however, the proposed policies will better enable Clarington to utilize the new provisions in the Planning Act as amended by Bill 51. Currently, the achievement of Municipal objectives with respect to exterior building design and sustainable design elements has largely occurred through the cooperation of developers. By including these policies in the Official Plan, Council will clarify expectations and compatibility with the community's character. 4.3 Employment Areas It is the intention of the Provincial government to ensure that municipalities can maintain their long-term economic competitiveness through the protection of employment areas. Establishing criteria for the conversion of Employment Lands to other uses will protect the land base necessary for job location and growth. It is proposed that the policies for Employment Areas be updated to be consistent with Provincial policy by requiring sequential development and, identifying specific low intensity uses that are not suitable for serviced industrial lands, clarifying that the development of Employment Areas shall precede by plan of subdivision and that such development should be on full municipal services. It will be through these proposed policies, among others, that the Municipality will be able to protect our existing supply of Employment Lands and to assist in attracting higher employment generating land uses. The current Official Plan focuses Employment Area policy on the uses that are permitted and the associated development standards, but does not contain policies that directly protect Employment Lands from being converted to other land uses. Once these proposed Amendments are adopted, Employment Lands will be better protected from being converted to residential or commercial uses. 4.4 Pre-consultation and Complete Applications The amendments to the Planning Act emphasize a broadening of the range of information available for approval authorities and Council to consider when reviewing an application. It also shifts the submission of supporting information to the beginning of the planning process. REPORT NO.: PSD-009-12 PAGE 6 The proposed Amendment includes the introduction of a new section, Preconsultation and Complete Applications within Chapter 23 Implementation of the Official Plan. These proposed policies outline the need for a preconsultation meeting and complete application requirements, including identifying the type of scope of any studies and reports that will be needed. Council has already enacted a by-law requiring a proponent pre-consult (By-law 2007-132). It would be appropriate to add the policies regarding pre-consultation to the Official Plan. Throughout the existing Official Plan, studies that may be required in support of a planning application are identified. The proposed Amendment includes an Appendix that lists the studies that may be required as part of a complete application. The Appendix also provides a general description of the study requirements. The actual terms of reference or scope of work is determined at the Preconsultation stage. Planning staff have already implemented the complete application requirements and pre-consultation meetings based on By-law 2007-132, and have been streamlining the process with experience. Environmental Impact Study (EIS) procedures are the most affected by complete application requirements. The existing Official Plan requires that an EIS be prepared for any development application located on or adjacent to an identified natural feature. It also states that the Municipality will select and retain qualified professionals to carry out the EIS, at the expense of the applicant. The EIS process will be amended to be consistent with the complete application requirements. The changes proposed to the Official Plan policy and the EIS guidelines would make the process similar to that of all other studies required for a development application. Specifically, the hiring of a qualified consultant will become the responsibility of the applicant. The Municipality and applicable Conservation Authority will establish the development of the terms of reference prior to the preparation of the study as well as the review of the completed Study. As with certain other studies, the Municipality, will have the option to have the study peer reviewed at the expense of the applicant. 4.5 Cultural Heritage Cultural Heritage is one of the most notable features that residents identify within a community. Cultural heritage resources can be built and/or natural features. They can include buildings and structures, neighbourhoods, landscapes, archival collections, folktales and traditional crafts and skills. The proposed Amendment strengthens the existing Official Plan policies by including the Provincial directions regarding the context of heritage sites and adjacent properties. In addition, the creation of heritage conservation districts, such as the one on Beech Avenue, is clearer with regard to study and notification requirements. 4.6 Community Improvement Plans A Community Improvement Plan (CIP) is a comprehensive, community-based plan that outlines a vision and actions for revitalization of a specific geographical area of the Municipality. To date three CIPs have been adopted and are being administered for the downtown areas of Orono, Newcastle Village and Bowmanville. REPORT NO.: PSD-009-12 PAGE 7 The attached proposed Amendment, (Map I) proposes to add new community improvement project areas (such as the Technology Park and the Courtice Main Street Study area) and to eliminate others as depicted within Attachment 1 to Report PSD- 009-12. Changes to the legislation now allow energy efficiency upgrades to be included as an undertaking eligible for funding. This will be considered in the preparation of future CIPs. 4.7 Definitions A number of the existing definitions contained in the Official Plan are proposed to be amended to ensure consistency with the definitions contained in the Provincial Policy Statement, the Greenbelt Plan, the Growth Plan for the Greater Golden Horseshoe and the Durham Region Official Plan. Additional definitions have been included for ease of reference. 5. PUBLIC CONSULTATION 5.1 Public Participation Process A Public Information Session was held in December 2009, following the release of the `Lets Have a Discussion....Improving our Built Environment and the Planning Process'. Staff heard a number of positive comments regarding the information boards and the discussion paper. The majority of the discussions were about residential growth, servicing employment lands, and property specific enquiries. 5.1.2 Public Meeting - September 2010 The original public meeting was held September 13, 2010. The following is a summary of the comments recorded during that Public Meeting. Two delegates appeared in opposition to the proposed amendment and one in support. The first delegate was concerned about the identification of parcels as Greenfield or Built Up as indicated on the proposed Built Boundary map, particularly as it relates to Provincially Significant Wetlands and other natural heritage features within the Courtice area. The delegate wanted these two designations to be removed from these lands. The second delegate was concerned that Maple Grove has been excluded from the Official Plan and as a result, Maple Grove is being by-passed for development and community improvements such as sidewalks. The delegate in support of the amendment was unable to attend, however provided a Councillor with a letter to read on his behalf. The letter provides support for the removal of the Future Residential land use designation. REPORT NO.: PSD-009-12 PAGE 8 5.1.3 Written Submissions Written Submissions were received from a number of public agencies including the Region of Durham, the Central Lake Ontario Conservation Authority, Bell Canada and Veridian. Submissions were also received from members of the public, landowners and consulting firms on behalf of landowners. A summary table has been provided as Attachment 2 to Report PSD-009-12. In some cases the written submissions that were considered in the following sections were made as part of the initial public consultation process that began in 2009 whereas others were in direct response to the draft Official Plan Amendment released in August 2010. Regardless of when the submission was made, provided they pertained to the proposed amendment they were considered. If a written submission made references to a topic that is not part of this amendment the comments were recorded and they will be addressed in a future stage of the Official Plan review. Second Public Meeting — February 2012 The proposed recommended Amendment 77 to the Clarington Official Plan (Attachment 1 to PSD-009-12) was published on January 18, 2012. The interested parties were sent notification of the February 6, 2012 General Purpose and Administration meeting on January 16, 2012. The proposed Amendment 77 to the Clarington Official Plan (Attachment 1 to PSD-009-12) was also available for review on the Official Plan Review website (www.clarington.net/ourplan) and hard copies have been available at the Planning Services counter. At the time of writing this report, staff have not received any written comments regarding the amendment. A Public Consultation Report will be prepared to chronicle the public consultation process associated with this proposed Official Plan Amendment upon its conclusion. The Public Consultation Report will include a summary table of verbal and written submissions associated with this amendment as well as copies of each submission that was made. 5.2 Comments on Draft Amendment 5.2.1 The following section summarizes the submissions received by topic, staff comments are provided as well as staff recommendations. 5.2.2 Urban Design Overall, the introduction of the Urban Design section to Chapter 5 has been well received. An earlier submission requested a heightened focus on the visual arts by including public art in developments, creating gateway/entranceway features into the community, and generally by supporting the Arts. Other written submissions have also touched on the issues addressed in the proposed urban design policies, usually in support. For instance, Bell Canada has requested the addition of policies for the location and placement of utility equipment. Other comments, such as those from Tim REPORT NO.: PSD-009-12 PAGE 9 Norton's, are focused on the design needs of the private developer, such as corporate image. Staff Comments The proposed urban design policies focus on making places for people, including the connections between people and places, urban form, nature, and the built fabric. During the community consultation sessions we clearly heard that the community welcomes development, but with a made in Clarington design. The challenge always lies with balancing the needs of the developer, with those of the community. Staff recommendation: The urban design policies have been refined and have incorporated some of the received suggestions. 5.2.3 Employment Areas Written submissions on behalf of Abe's Auto Recycling, an auto dismantling business, have been made with respect to the policies proposed for Employment Areas. The submissions object to the proposed policies noting that they will prevent the relocation of an existing business to another undetermined site within Clarington. The submissions request specific provisions be made to allow the relocation of the existing business onto another property within Clarington, essentially an exception clause for a specific business owner. Staff Comments The Official Plan and Zoning By-law provide a framework governing the current and future use of land. The land use rights of a property cannot be transferred to another property, nor can a business be identified as having special exemption without reference to a specific property and subject to a detailed review. Staff recommendation: Staff does not recommend a policy change to accommodate the specific business interest in another location. 5.2.4 Preconsultation and Complete Applications There was only one written submission made regarding the Preconsultation and Complete Applications proposed Policies. The submission noted that if a Study was prepared by a qualified consultant in accordance with Municipal Standards, invoking a peer review of a study is "an unnecessary cost burden for the applicant". The same submission also recommended that the Records of Pre-consultation be prepared by the Municipality and not the proponent. Staff Comments With respect to a peer review being required, it must be remembered that the policy does not require that a peer review be undertaken in all circumstances, it notes that a peer review may be required. Peer reviews are not normally invoked if the Study is REPORT NO.: PSD-009-12 PAGE 10 prepared by a qualified consultant in accordance with all of the Municipal Standards. Normally the peer review is required because the study has deviated from either a Municipal and/or industry standard or terms of reference. Staff recommendation: Staff does not recommend a policy change as a result of this submission. Preconsultation procedures have been updated such that staff prepare Preconsultation minutes. 5.2.5 Cultural Heritage The Clarington Heritage Committee has made many written submissions to the Official Plan review. The intention of all of their submissions has been to raise the awareness and ensure the protection of Cultural Heritage Resources throughout Clarington. Staff Comments Many of the suggestions by the Heritage Committee were incorporated into the preparation of the proposed Amendment. Staff recommendation: Staff does not recommend a policy change because the submission was considered during the drafting of the policies. 5.2.6 Other (Community Improvement Plans, Definitions, Schedules (Exhibits): Appendix A) Only one submission addressed Appendix A- General Description of Studies that is proposed to be appended to the Official Plan. This submission noted that the there was not enough information in the various descriptions in order to determine what development circumstances would trigger which studies. It also questioned how some impacts, such as noise would be determined. Staff Comments The intent of Appendix A- General Descriptions of Studies is to give a general overview of what the study's purpose is and some of the items that such a study would address. The circumstances of when a study is required are generally determined on a project specific basis and are determined at the preconsultation meeting. The Terms of Reference are subsequently drafted and agreed upon prior to the study being undertaken. Impacts, depending on the type of study, are based on the assessment of the situation in comparison to the applicable Federal, Provincial, Regional and local standards. These are known standards to the Professional preparing the requisite Study. Staff recommendation: Staff does not recommend a change to the General Description of the Studies table. REPORT NO.: PSD-009-12 PAGE 11 5.2.7. Future Urban Residential Areas Since the publication of the draft Official Plan Amendment 77 in September 2010 Staff removed a component of the draft Amendment which can generally be referred to as growth management policies. This included: • Redesignation of lands from "Future Urban Residential' to "Urban Residential"; • Requiring the preparation of Secondary Plans for newly designated Urban Residential areas and incorporating other Secondary Plan policies such as phasing and design elements; and • The Built Boundary, being the built-up area which is used for the purpose of monitoring intensification under the Provincial Growth Plan. Staff Comments The development community was very supportive of the introduction of these growth management policies. Even prior to the preparation of the draft amendment, many official plan review submissions requested the removal of the Future Urban Residential designation for specific properties. However, Regional planning staff submitted that the Growth Plan and Regional Official Plan growth management policies are not yet approved so they were not in a position to provide comments on the proposed growth management policies. The above noted growth management policies were removed from the amendment so that they could be considered with other growth management policies contained in the Growth Management and the Intensification Discussion papers. A comprehensive evaluation of the growth management policy implications, prior to proceeding with an Official Plan Amendment is a more appropriate course of action than proceeding with a partial policy amendment. Staff recommendation: The above referenced growth management policies will be considered during the Growth Management component of the Official Plan Review. 6. CONCURRENCE — Not Applicable 7. CONCLUSION 7.1 The policies contained in this Amendment will ensure that the Clarington Official Plan is in conformity with the Planning Act, the Ontario Heritage Act and the Region of Durham Official Plan. It is respectfully recommended that Amendment No. 77 to the Clarington Official Plan be ADOPTED and forwarded to the Region of Durham for their approval. REPORT NO.: PSD-009-12 PAGE 12 CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development X Maintaining financial stability Connecting Clarington X Promoting green initiatives Investing in infrastructure X Showcasing our community Not in conformity with Strategic Plan Staff Contact: Carlos Salazar or Lisa Backus Attachments: Attachment 1 - Amendment 77 Attachment 2 - Comments Summary Table Attachment 3 - By-law to Adopt Amendment 77 Interested parties list to be notified of Council's decision: Official Plan Review Interested Parties List of February 8, 2012 is on file with the Planning Services Department and the Clerks Department. Attachment 1 to Report PSD-009-012 l AMENDMENT NO. 77 TO THE CLARINGTON OFFICIAL PLAN A. PURPOSE OF THIS AMENDMENT The purpose of this Amendment is to update the policies of the Clarington Official Plan to incorporate the requirements and permissions afforded to the Municipality of Clarington as a result of Bill 51, the Planning Conservation Land Statute Law Amendment Act, 2006, revisions to the Ontario Heritage Act, 2005 and the Provincial Policy Statement, 2005 coming into effect. B. LOCATION OF THIS AMENDMENT This amendment is to be applied to all lands within the Municipality of Clarington. C. BASIS OF THE AMENDMENT The Planning and Conservation Land Statute Law Amendment Act, 2006 came into effect on January 1, 2007 and supplied Ontario municipalities with a number of additional powers that deal with the land use planning process as well as Ontario Municipal Board (OMB) appeals. The majority of the changes.to the Planning Act modify aspects of the land use planning process, provide additional tools for implementation of provincial policies and give further support to sustainable development, intensification and redevelopment. The Ontario Heritage Act, 2005 was amended to strengthen and improve heritage conservation in Ontario. The changes to the Act affect the Municipality's ability to prevent demolition and manage heritage conservation resources within the Planning Process, but have not changed the direction of the policy framework. The proposed amendments include minor terminology changes including some revised definitions. The Durham Region Official Plan, 2009 has been amended to incorporate the many provisions from the Planning and Conservation Land Statute Law Amendment Act, 2006 as well as the Provincial Policy Statement (PPS). D. THE AMENDMENT Unless otherwise indicated, in the Amendment, newly added text is shown with underlining, and deleted text is shown with a strike-through. a) Existing Section 1.1 Introduction, paragraph 4 is hereby amended as follows: Over the centuries, the pressure of growth has put stress on the natural support systems - air, soil and water. The loss of the salmon fishery in the 1800's and the degradation of the fragile soils of the Oak Ridges Moraine early in the 1900's +hio Gent pry are examples of both environmental destruction and human restoration efforts. These events serve as useful signposts of the need for sustainable settlement patterns. 2 b) Existing Section 1.1 Introduction, paragraph 6 is hereby amended as follows: At the beginning end of the 21St century, Clarington is preparing for change and urbanization. This Official Plan is prepared in the context of our history, our current needs and the challenges of the future. c) Existing Section 1.3 Plan Preparation Process is hereby amended by adding the following paragraphs at the end of the section: "The Official Plan was adopted in 1996. Since that time, Clarington has experienced rapid growth. In addition the Provincial government has introduced major legislation affecting the land use planning process, and the Durham Regional Official Plan has been amended. The Municipality is required to conform to the new Provincial and Regional planning policies. Clarington's approach to the Official Plan Review was designed to have continuous implementation throughout the process with several major amendments to the Official Plan. The Review consisted of the preparation of a number of Discussion Papers on major topics that highlighted key issues and suggested direction for the community. Following extensive public consultation, amendments were incorporated into the Official Plan." d) Existing Section 2. Basis of the Plan, paragraph 2 is hereby amended as follows: The Clarington Official Plan is prepared in accordance with The Planning Act, the Provincial Policy Statement as amended and other relevant Provincial legislation and Plans and the GernpreheRSiVe Set Of PFOViRGial PEAGY Statern This Plan and amendments thereto, once approved by Regional Council, will conform to and implements the provisions of the Durham Regional Official Plan. e) Existing subsection 4.4.4 is hereby amended as follows: 4.4.4 Within the Oak Ridges Moraine, an application for development or site alteration within the minimum area of influence that relates to a natural heritage feature or a hydrologically sensitive feature, but outside the feature itself and the related minimum vegetation protection zone as identified in Table 4-1, shall be accompanied by a Natural Heritage Evaluation and/or a Hydrological Evaluation_. in 0000rdanGe with SeGtions 4.4.39, Ail it 0 and it A 41 of this Plan. Where site specific studies or updated information from the Province results in refinements to the boundary or extent of a key natural heritage feature identified on Map D, or its related vegetation protection zone, such refinement shall not require an amendment to this Plan. However, where such refinement of the boundary or extent of the feature is proposed for a wetland, area of natural and scientific interest and/or significant portions of the habitat of endangered, rare and threatened species, or their related 3 minimum vegetation protection zones, then formal confirmation of said refinement is required from the Province, prior to any development or site alteration. If an evaluation determines a greater minimum vegetation protection zone is required than that which is identified in Table 4-1, then the greater shall be provided. f) Existing Table 4-1 is hereby amended by deleting the cross references to Sections 4.4.40 h); 4.4.41 c) and d) and 4.4.43. g) Existing subsection 4.4.9 is hereby amended as follows: 4.4.9 The policies of this Plan shall also apply to any natural heritage feature which has been identified by the Municipality, the Region, a Conservation Authority or the Province, but which is not presently shown on Map C or Map D. Where a natural heritage feature is not identified on Map C or Map D, it does not necessarily mean that the feature or part thereof may be developed or altered in any way. Should a natural heritage feature be identified through the review of a development application and written notice given to the applicant, the preparation of an Environmental Impact Study pursuaRt tG SeGtOGR 4.4 or a Natural Heritage Evaluation or Hydrological Evaluation pursuant to Sections 4.4.4 0 and 4. shall be required. h) Existing subsection 4.4.10 is hereby amended as follows: ' 4.4.10 Development will not be approved where an Environmental Impact Study, Natural Heritage Evaluation or a Hydrological Evaluation ^omnleted in identifies unacceptable negative impacts on the natural heritage system. i) Existing subsection 4.4.22 is hereby amended as follows: 4.4.22 Within the Oak Ridges Moraine, an application for major development with respect to land in a Landform Conservation Area Category 1 or 2 as identified on Map E, shall be accompanied by a Landform Conservation Plan. iR_QeGGrdanGe�with S '^n 4.4.42. j) Existing subsection 4.4.35 is hereby amended as follows: 4.4.35 An Environmental Impact Study shall be undertaken for development applications located on lands within or adjacent to the Lake Ir^E}1�61S Beach, any natural heritage feature including the Lake Iroquois Beach identified on Map C and any natural heritage feature which may exist but which is not presently identified on Map C but of which notice is given in accordance with Section 4.4.9: The MURiGnpality, iR GGREMItatioR with the Region of D irham r ('the onsenia inn Authority and other agenniec Will � 4 En„i�nental ImpaGt Stud . The Terms of Reference for the preparation of the EIS shall be approved by the Municipality in consultation with the Conservation Authority prior to the preparation of the Environmental Impact Study. The M ininipality will adept Environmental (meant Study mnant Studies b y qualified professionals The expense of the sti v-Ii cc-v ccrprvTCS�v���c�cperr�c�rcrr��c be bE)FRe by the PfOPGReRt. The Study shall: aa)) examine the funGtiens ef the natural heritage features; "^�" ' �derr' i the potential neff � proposer! development ran the M v a �r-vpvvccTCrc�u-rv�rrrc-r'rrcrr-r-cr-r�. natural heritage feed ores and their enologinal fi motions• 0 d) identify any lands to by be preserved in their Ratural state e) identify mitigating rneasures to address the adverse affents of development nn tho nati oral heritage features anrd their eoologioal fUnntions ipnl� rding sethanhs for eyelopment• e i rd o f� identify the potential for re6teration FreatiGR Of Wi habitat; and g) examine the Gu"'''ula iveaaGt of the existing, propose k) Existing Section 4.4 Natural Heritage System is hereby amended by deleting existing subsections 4.4.36 through 4.4.38, by adding a new subsection 4.4.36 as follows and renumbering subsequent sub sections accordingly: "4.4.36 Where the proponent of an application for development on lands within or adjacent to any natural heritage feature has submitted an Environmental Impact Study, a Natural Heritage Evaluation, a Hydrological Evaluation or an other type of Environmental Study to the Province, the Region or the Municipality, the Municipality may select and retain qualified consultants to undertake a peer review of the study to ensure that the Study requirements are satisfactorily addressed. The expense of the peer review shall be borne by the proponent. Where appropriate, the undertaking of the peer review shall be coordinated with the Region." 1) Existing Subsection 4.4.39 is amended as follows 4.4.39 Within the Oak Ridges Moraine, a Natural Heritage Evaluation and/or Hydrological Evaluation shall be undertaken for any development or site alteration proposed within the minimum area of influence of any natural i 5 heritage feature or hydrological sensitive feature but outside the feature itself and the related minimum vegetation protection zone as identified in Sections 4.4.2 of this Plan. The minimum area of influence is identified in Table 4-1 of this Plan_. The study shall deMeRstrate how the sno„ifi„ plannplanning citing• design or nonstr,,otion prantines fnr the nronosec{ ing, .,.�...A, .,......�.. .,. ..............,......... r......,...,...., .... ..... r....r,......... development weuld maintain or enhanoe the eooinginal integrity of the Mera'Re, the natural heritage, water FeSOUFGes and !andfeFFn eservatien systers. The MURininnlity may relent and retain qualified prefessIGRal expeFtise te prepare the study er peer Feview a study with the evnense being borne by the pronnnent Where development or site alteration may be permitted in accordance with Section 4.5.18 and Section 23.9.2 of this Plan within a natural heritage feature or hydrological sensitive feature or within the respective minimum vegetation protection zone, a Natural Heritage Evaluation and/or Hydrological Evaluation shall be undertaken_. in ar+aordanne With the as m) Existing Subsection 4.4.40 is deleted in its entirety. 4.4.40 in aGGOrdanGe with SeGtien 4.4.39, a Natural Heritage EvaluatiGR for an develepn4ept er site aiteFatien sitewithin the Oak Ridges Meraine shall: a) previde an inventery of vegetation and w-#dge habitat en and-within t yininity of the proposed development site; b) nreyide a m Gom eh y a supie of wildlife use of the proposed dev�pment h lands; G) identify the antinipated imnaots from the nropnsed development and on the natural heritage featuFes• , d) identify lands where forest never should he nresepied or enhanned• e) demonstrate that the ideye pment or site alteration applied for will have no adverse effents nn the natural heritage features or OR their f\ identify planning design and nonstr„ntion prantines that will rnaintaiR and,-where pessible, irm restore the health, diversity and size of natural heritage feature and its nnnneG6Wt with ether nataFal heritage features• , features will he maintained and, mere improved nr restored before d,mi tr,, na and after onnsntinn possible, h) determine whether the dimensions of a minimum yenetatien nrnten_tion zone Spc'Gified in Table /) 1 of this RaR are s,,ffinient and if it is not s„ffioient spenify the of the required minimum vegetation �c+rrr�r....r r«Pc"..7 �-n-rn rrr-r rcTr r r-v� �c� 6 prntentinn Zone and nroVride fnr the maintenanGe and where pns ihle FeGify the need feF and diMeRS!E)RS of a minims rn vegetatme-n nreteotinn Zope Where Table 4, 1 of this Plan does not identify the prvr�c�vnzvnti-�vr-r..-r�raurc- —r-ormr� r-rare-cro,c��-rrorrac�-rrrry�-r-r� dimensions of a minima im vegetation prntentien zone and provide fnr the rnainteRaRGe and, ThreFe gqss' atinn of natbiral self_sustaining vegetation within it; i\ in the Gase of a natteFal heritage feature that is fish habitat ensure GnrpplianGe with the req Uirements of the department of Fisheries and k) in the e of'a Life SGmeRCe ANSI identified in Table 4 1, the-basis-E)R whiGh the determinetinn',o,n,�rl`•s''pe^nif!Gattinn mentioned in i ihsentinn i\ above is done, shall G'wde wtthcwt i4mitatiOR, an analysis of land rise type,Seil the Government of ORtarin as amended from time to time n) Existing subsection 4.4.41 is deleted in its entirety. 4.4.41 lR aGGGpdaRGe with SeGtien 4.4.39, a HydFG!GgiGal Evaluatk)R shall also be Moraine This eyaluatinp l� a\ demonstrate that the r/e�i Io agent er site alteration will have nn adverse effeots nn the hydroing;Gally sensitive Feats ire OF nn the b) identify o , and VW-tc- ` re possible improve or restere the health diversity and size of the hydroinglGally sepcitiye feats ire• G\ determine whether the minima im vegetation preteotien Zope where dimepsinnc are specified in Table A 1 is sU#inient and if it is not s meieentsspenify ththeedirmeerin�f the required minima rn vegetatervornr pretectiop tope and provide for the maintenanGe and, possible, ossible , revement er restemtinn of natuFal self_sustaining vegetation within its Qt'1tt d\ in the ease of permanent and intermittent streams and seepage areas and CVpFiRgssaas de +ed in Table 4_1 the basis OR wh!G determination and specification mentioned in si ibseGtien n\ above is- dGRe shall e o soil type end slope Glass, using Griteria established by the Government of ORtarin as amended from time to time o) Existing subsection 4.4.42 is deleted in its entirety. 4 4.42 Lam rBr n m-Censewati n Dl PaR shall inGIU4e ® elevation nnntn rs in sf inient retail to show the bas' iG tnpnnraphin �uraGter of the site, r h an inteval o nGt mere than rtkVe metres- 0 is of the site by slope type (fnr example mnrderate nr steep) c-�-vr , sinnifinant landform featuFes si Inh as ravines and ridges all water belies innlUrding intermittent streams and pnnrds planning,b) a development strategy that ideRtifie te design and „ ,', t � i fV� Rg: • retention of sii^rnifinant lani-lfnrm features in an open i Rdisturherd tGi-Ft-F • Fead alignment and building plaGemeRt tG minimize grading • rent irements GGRGeenrnFatienn Of GfeV »meent OR PGFtiGRS of the site that-c are not sign ifi�na n7Lt • i use of inneyatiye building design to minimize grading requirements • use of selentiye grading tenhnin iec p) Existing 4.4.43 shall be amended as follows: 4.4.43 Within the Oak Ridges Moraine, an application for development or site alteration with respect to land in an area of natural and scientific interest (earth science) or the related minimum area of influence shall be accompanied by an Earth Science Heritage Evaluation.-that: a) identifies planning, design and GenGtFUGtiGR pra s-::-q that lvvill eRSUFe the area of natwFal and scientifin interest was identified; anr) b) determines whether a minimum vegetation preteGtieR ZeRe is Fequired, and if se, spenifies the dimensions of that zone and preyides for the maiRteaene and wheFeeT' restoration of IiIII, natural self sustaining vegetation within it q) Existing Section 5.3 Policies are hereby amended by adding a new sub-title "Municipal Finances" after Policy 5.3.7 r) Existing subsection 5.3.8 is hereby amended as follows: 5.3.8 A Financial Impact Analysis maybe required to evaluate the impact of the proposed development on the operating and capital budget of the Municipality. The Financial Impact Analysis shall also consider the impact on the development charge project sequencing and priorities, and on the multi-year budget and long term financial plans of the Municipality. The 8 for major development proposals. The Municipality shall select and retain qualified professional expertise to undertake a Financial Impact Analysis such a study but with the expense of the study shall to be borne by the proponent. Where such an analysis demonstrates that the development will have an adverse effect on the Municipality's financial situation, then the development will be considered to be premature and contrary to the intent of this Plan. S) Existing Section 5 Growth Management is amended by adding a new Subsection 5A Urban Design as follows: "5A. URBAN DESIGN The Municipality of Clarington is committed to excellence in the design of public spaces and in the design of public and private buildings. Urban design provides the context for the way in which people interact with the built environment— streets, blocks, buildings and open spaces. Good urban design creates a comfortable environment for residents and establishes a positive image for our community. 5A.1 GOAL To create a built environment that celebrates the history and character of Clarington, fosters a sense of place for neighbourhoods and communities, promotes a positive image of the Municipality, and enhances the well- being of residents. 5A.2 OBJECTIVES . 5A.2.1 To create a high quality public realm and image for the Municipalit in n all land uses. 5A.2.3 To create neighbourhoods that give priority to sustainable desiqn, including environment-first principles, walkability, land efficiency, compact and connected communities and resource and energy efficiency. 5A.2.4 To create attractive safe communities with a sense of place and a diversity of built form that supports future intensification and redevelopment. 5A.2.5 To create a built environment that gives priority to walkable design and facilitates an active transportation system including walking, biking and public transit. 5A.2.6 To utilize the principle of universal design to create a built environment that is accessible for all residents. 9 5A.2.7 To design buildings and space that do not negatively impact adjacent buildings or detract from the specific identity or character of an area. 5A.3 THE PUBLIC REALM i The public realm is the most highly visible portion of our community. It comprises public streets, sidewalks, parks and publicly accessible open spaces, trails and paths, rights-of-way, public buildings and civic facilities. 5A.3.1 Public streets and rights-of-way are considered significant public places. Their design should reflect the multiple roles and functions by ensuring that: a) they accommodate a variety of transportation functions, including . walking, transit, driving, and cycling; b) street trees and landscaping provide protection for pedestrians and enhance the attractiveness of the street; c) utilities and services will be located below grade to the greatest extent possible. Where this is not possible, transformers and similar equipment will be screened or located within buildings; d) in Town and Village Centres, the streets' function as a gathering place is recognized by providing pedestrian amenities such as wide planted boulevards, attractive street furniture and-"character of place" street lighting; and e) they accommodate street furniture appropriate to the character of the area. 5A.3.2 Public streets will be designed to provide an interconnected grid-like pattern of streets and blocks that are walkable and flexible by: a) having consideration for natural features and terrain; b) limiting the length of streets and blocks to assist with pedestrian and bicycle circulation; c) maximizing the number of street connections to arterial roads; d) designing streets that are safe for cyclists; e) having a convenient system of sidewalks; f) limiting window streets and avoiding cul-de-sacs and street-to-street walkway g) not incorporating measures to restrict access and circulation through neighbourhoods. 5A.3.3 Public art is a distinguishing part of our public history and our evolving culture. It reflects and adds meaning to our communities. The Municipality will support: a) the incorporation of public art as part of public facilities; 10 b) the integration of public art in new development, particularly Town and Village Centres; and c) public art that reflects on the community character and cultural heritage. 5A.3.4 Public buildings, facilities and spaces are an important part of a comr-unity. They accommodate and facilitate the delivery of public services and enhance the quality of the urban structure and its public spaces. Generally public buildings shall; a) be located on prominent sites such as terminal vistas or areas with high visibility view corridors; b) be located centrally to the area they service, such as a neighbourhood; c) have significant street frontage and high quality landscaping; d) be oriented to the street incorporating massing, detailing and entrance features that support its importance to the community; and e) set an example in architectural and sustainable design. 5A.3.5 Gateways are key locations that are to be designed to serve as landmarks highlighting the arrival off Highway 401, entrance into a Town or Village Centre, or a transition from the rural to urban or hamlet area. TheV may also be prominent intersections as defined in Section 5A.4.6. Gateways shall: a) include design features such as specialized landscaping, low walls, lighting signage and architectural elements, and upgraded pavement treatment; and b) Recognize that the primary focus of a gateway is oriented to vehicles with the exception of entrances to Town or Village Centres, where pedestrian features are desirable. 5A.4 BUILT FORM 5A.4.1 Existing Neighbourhoods New development and redevelopment in established neighbourhoods will be designed to: a) respect and reinforce the physical character of the established neighbourhood having regard to the pattern of lots, streets and blocks, the size and configuration of lots, building types of nearby properties, the height and scale of buildings and the setback of buildings from the street, rear and side yards; b) in neighbourhoods of historical character, be consistent with the built form pattern of the area; 11 5A.4.2 New Neighbourhoods New development and emerging neighbourhoods will be designed to: a) create a distinct neighbourhood identity: b) have an appropriate built form and design as determined through a comprehensive Secondary Planning processes having regard for the overall community character. Where a previous Neighbourhood Design Process was undertaken, guidance will be provided through Community Theme and Design Plans; c) address the Municipality's General Architectural Design Guidelines or any neighbourhood specific Architectural Design Guidelines; and d) provide for a variety of housing type and supportive land uses, including commercial and community facilities. 5A.4.3 Centres Corridors and Intensification Areas Development in Centres, Corridors and Intensification Areas will be designed to: a) have buildings sited near the street line to contribute to a sense of enclosure and a strong street edge; b) recognize the historic context; c) locate maim building entrances that are visible and directly.accessible from the public sidewalk of the main street; d) provide active ground floor uses and avoid blank facades; e) enhance the built environment with attention to massing, building articulation, architectural detail, the use of local materials and styles; f) enhance the pedestrian environment with awnings, pedestrian scale lighting, landscaping, benches and other street amenities; g) provide transitions in scale to areas of lower density; h) provide for adequate light and privacy for the occupants of new development and the occupants of adjacent properties; i) minimize adverse shadow and wind impacts on neighbouring properties or the public realms areas; and j) enclose or screen roof top mechanicals, including the incorporation telecommunications equipment within the building_ 5A.4.4 Employment Areas Employment Areas will be designed to: a) provide for the highest quality and larger-sized building along Highway 401 with no outdoor storage permitted; 12 b) maximize the placement of buildings along the frontage of lots facing public streets while minimizing surface parking at the front of any building; c) buffer and screen any surface parking area visible from the street; and d) buffer and screen any outdoor storage areas, where permitted, through the use of setbacks, berms, landscaping and fencing. 5A.4.5 Drive Throughs The following policies shall apply to the development of drive-through facilities where they are permitted: a) any drive-through facility must be located on a lot sufficiently sized to accommodate all activities associated with the drive-through facility; b) all buildings containing drive-through facilities shall be oriented to the Primary street frontage. No portion of the stacking lane and no parking spaces or drive aisle shall be located within the setback area; c) drive-through facilities shall be sufficiently separated from residential uses to avoid issues of land use compatibility; d) a drive-through facility will have sufficient dedicated stacking lane to prevent vehicles from interfering with on-site and off-site vehicular circulation; and e) any additional policies as may be contained in Secondary Plans. Subsection b) does not apply to lands designated Highway Commercial. 5A.4.6 Prominent Intersections Prominent intersections in the Municipality are identified on Table 5A-1. Additional prominent intersections may be identified through Secondary Plans. Prominent intersections may also be gateways. At prominent intersections, buildings shall be designed to provide a community focal point by having_ a) massing and height sufficient to emphasize the significance of the intersection; b) high quality building materials and building articulation on both street frontages; c) significant areas of transparent glass ; d) special architectural elements such as the corner design, massing and height, awnings, and entrance door features; e) the main public entrance located at the corner; and f) landscaping, street furniture and where appropriate, public art elements to complement the intersection and the building design. 13 Table 5A-1 Prominent Intersections Courtice Newcastle Durham Hwy. 2 and Townline Road King Ave. West and Baldwin Street/North Street Durham Hwy. 2 and Trulls Road Kin Ave. East/King Ave. West and Mill Street Bloor Street and Townline Road Durham Hwy. 2 and Brookhouse Drive/Arthur Street Bloor Street and Trulls Road Durham Hwv. 2 /King Ave. West and Rudell Road Bloor Street and Courtice Road Bowmanville Durham Hwy. 2 and Boswell Drive Libert y Street and Baseline Road Durham Hwv. 2 and Martin Road/Durham Baseline Road and Durham Regional Road 57 Regional Road 57 King Street West and Scuqoq Street Longworth Avenue and Liberty Street King Street East/King Street West and Longworth Avenue and Scuqoq Street Temperance Street —King Street East and Libert y Street Durham Hwy. 2 and Bennett Road Durham Hwy. 2 and Lambs Road 5A.4.7 Signage Signage is recognized as an integral component of good community design and image. Signage shall: a) be designed and scaled to complement the built urban form and character and will not dominate the streetscape; b) be incorporated into the building wherever possible; c) not unduly detract from the overall visual attractiveness of the built environment; and d) contribute to promote the image of special character areas such as historic downtowns. 5A.5 SUSTAINABLE DESIGN Clarington will seek to become a more sustainable community that minimizes the consumption of energy and resources and lessons the impacts of residents on the natural environment. To this end, the Municipality will: a) promote energy efficiency and conservation corporately and in new development; b) promote mixed land uses at higher densities to efficiently utilize existing infrastructure; 14 c) promote the integration of transit into the early stages of new development; and d) implement green development standards incorporating energy efficiency, water conservation, enhanced indoor air quality, use of non- toxic and recycled content building products, renewable energy sources, green roofs, landscaping and tree planting programs and low energy appliances. 5A.6 IMPLEMENTATION 5A.6.1 Urban design policies will be further elaborated through: a) urban design policies in other sections of the Official Plan; b) urban design policies in Secondary Plans; c) urban design guidelines adopted in relation to Secondary Plans; d) urban design briefs and guidelines on specific topics/sites (i.e. landscape, lighting); e) the zoning by-law (site and building performance standards); and f) the sign by-law, as amended. 5A.6.2 Urban Design policies have equal value to land use policies and an o�ther policy in this plan. Both land use and urban design policies must be considered in the interpretation of the context of the site and building. 5A.6.3 The policies contained in this chapter are intended to provide guidance for all types of development. For specific design requirements for residential, commercial and industrial developments refer to: a) Chapter 9 Residential Neighbourhoods; b) Chapter 10 Town and Village Centres; and c) Chapter 11 Employment Areas. t) Existing subsection 8.1.1 Goal is hereby amended as follows: 8.1.1 To promote a culture of conservation that will support cultural achievements, foster civic pride, strengthen the local economy and enhance the quality of life for Clarington residents in the conservation pr°°°^tatien, restoration and utilization of the Municipality's cultural heritage resources. u) Existing subsection 8.2.1 is hereby amended as follows: 8.2.1 To encourage the conservation, protection and maintenance of tee and e cultural heritage resources including: 15 • structures, sites and streetscapes of cultural, historic and/or architectural significance • significant archaeological and historic resources • significant landscapes, vistas and ridge-lines V) Existing subsection 8.3.1 is hereby amended by as follows: 8.3.1 The Municipality, with the advice and assistance of the Clarington Heritage Committee (CHC) " shall: a) prepare and maintain a list an invente of cultural heritage resources; b) add properties of cultural heritage value or interest to the Municipal Register as appropriate s upport the nnnseNatinn of heritage rese irnoc 14-ste l in said inVeRtE)ni• e c) designate any such cultural heritage resource pursuant to the Ontario Heritage Act; d) identify and consider designation of cultural heritage landscapes c, portions thereof identified in Section 8.3.6; identify er designate a DiStFiGt er heritage zene, in an GGFdanGe with Se F , giving e) assist property owners in obtaining funding for cultural heritage resource conservation projects; and GensideT the Genservat+en , nip of r-°eseurGes n— naeeleggTGaI value pursuant te the Ontario Heritage e and ff) undertake the periodic review of the Clarington Heritage Committee's structure and mandate. w) Existing subsection 8.3.2 is hereby amended as follows: 8.3.2 Where a cultural heritage resource otri Gti ire OF dictrint is designated under the Ontario Heritage Act or a St ,ti is recognized on the cultural heritage resources list, the Municipality w44 shall: a) allow alterations, renovations, additions or repairs provided the proposed changes are compatible and consistent with the building and the surrounding area in terms of building materials, colour, height, scale and design including windows, doors and roof lines; b) discourage the demolition or the inappropriate alteration of a cultural heritage resource; c) require infill buildings to be compatible and consistent with the surrounding buildings and streetscape in terms of building materials, height, width, scale, colour, setback and design including windows, doors and roof lines; 16 d) prepare urban design guidelines governing the alteration, development or redevelopment of districts or neighbourhoods; a44d e) consider the conservation of cultural heritage resources &UGh ctrUntUres and lan dsGapeC in the placement or modification to infrastructure. X) Existing subsection 8.3.3 is hereby amended as follows: 8.3.3 Wherever possible, built heritage resources GtFHG+Fe: should be retained for the original use and in their original location. Where the original uses cannot be maintained, the adaptive reuse of built heritage resources +E;t,r lea will be supported. If no other alternative exists for maintaining structures in their original location, consideration may be given fGF to the relocation of the structure. Y) Existing subsection 8.3.4 is hereby deleted and replaced with a new subsection 8.3.4, as follows: "8.3.4 Development and site alteration may be permitted on lands adjacent to a protected heritage resource where the proposed development and site alteration has been evaluated through a Cultural Heritage Resource Impact Assessment and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. Mitigative measures and/or alternative-development approaches may be required in order to conserve the heritage attributes of the protected heritage property affected by the adjacent development or site alteration." Z) Existing subsection 8.3.5 is hereby amended as follows: 8.3.5 In achieving its cultural heritage objectives, the Municipality vA4-shall: a) promote public awareness and appreciation of cultural heritage resources; b) encourage the private sector to support the conservation of cultural heritage resources; c) support and promote the Clarington Museums and Archives d) restore, rehabilitate, enhance and maintain Municipally-owned cultural heritage resources properties; e) amend the Demolition Control By law to implement the Dolinie of this Plan with respeGt to heFitage otrUnti gyres encourage the salvage of architectural features and the documentation of the cultural heritage resource in the event that demolition is inevitable; and f) consider, in co-operation with the development industry, the development of a heritage subdivision to accommodate the relocation 17 of heritage structures which cannot be incorporated into new developments. aa) Existing subsection 8.3.6 is deleted in its entirety and replaced with the following: "8.3.6 The Municipality has identified the following cultural heritage landscapes of importance which have been or may be considered for heritage conservation districts: a) Beech Avenue Heritage Conservation District, Bowmanville; b) Heritage downtowns of Bowmanville, Newcastle and Orono; c) Old Bowmanville (North Ward d) Old Bowmanville(South Ward); e) Old Newcastle Village (Highway 401 to downtown); f) Old Newcastle Village (downtown to CPR g) Camp 30 - Boys Training School, Bowmanville; and h) Hamlets of Enniskillen, Hampton, Newtonville and Tyrone" bb) Existing subsection 8.3.7 is hereby deleted and the subsequent subsections are renumbered accordingly. 8.3.7 The Mun'Gipality will undeFtake a study to identify s�gnh�Gant , vistas and ridge lines but in the int°rim Feq sir° development proponents to c�--r�urn-i-rrrc-mrc�T-rTrcq-cfrr�crcv development rrc-P-vpv��cn-r•.r��� identify si soh areas affected by an application cc) Existing subsection 8.3.8 is hereby amended as follows: 8.3.8 Where development will cause an impact to archaeological resources or areas of archaeological potential, an archaeological assessment will take place in accordance with provincial guidelines. Development and site alteration shall only be permitted on lands containing archaeological resources or areas of archaeological potential if the significant archaeological resources have been conserved by Sign t aFc#aeelegiGal FesetFceS that are IGGated en-the site ef aRy PPOP development will he conserved through either preservation on-site or by removal and documentation_, or preservation on-si+° Where significant archaeological resources must be preserved on site, only development and site alteration which maintains the heritage integrity of the site may be permitted. , to satmsfaGtion of the M ini ity and the DrovinGe. The proponent is required to consult with First Nations peoples when human remains are discovered that are believed to be of native origin dd) Existing subsections 9.3.4 and 9.3.5 are hereby amended as follows: 18 9.3.4 The predominant use of lands designated Urban Residential WithiR Gh ed shall be for housing purposes. Other uses may be permitted which by the nature of their activity, scale and design are supportive of, compatible with and serve residential uses. These include ^per convenience stores, home-based occupation uses, parks, schools, and community facilities. Parks, schools, and community facilities shall be permitted in accordance with Section 18 of this Plan. 9.3.5 GGFRer.Convenience stores may be permitted in Residential areas including the establishment of such uses on the ground floor of a multiple unit residential building. A rezoning application shall be evaluated based on the following criteria: a) the store contains no more than 599 250 square metres of gross leasable retail floor area; b) the store provides a limited variety of items of daily necessity, or services that serve the surrounding residents; c) the store does not have direct access to a Type A or Type B arterial road; and d) parking shall be located at the side or rear of the building. ee) Existing subsection 10.3.5 is hereby deleted in its entirety and the subsequent subsections are renumbered accordingly. i 0.3.5 SigRagG 16 FeGC)gnized as an integral part of gGed GeMMunity design and imago It is mimininal PnlinY thou• aa) the desicgn and SEalo of sinnono shall Gnvrmrrplemrr°enrt-ratheTttta t nominate the lonidsnano' e b) it shall�h��nnr ac r1 as an integral spar of o building or suite layeut whereveF possible; G) it well nntUnrl�deton�nm everoll visual attFa �.'`' of the uc vm- ccruEttiter�essca-v-r- d it will be designed and IGGated sa or al net na de is for either pedestrians er meterisfs design peliGies and the MuniGinorf„'s Sign By law. SpeGial signage -ments may be defined fer the hiStGFiG dGWRtGWRs and other unique areas of the M unini'nolity ff) Existing subsections 10.4.5 and 10.4.6 are deleted in their entirety. 10.4.5 Tewn and Village Centres shall be develeped in onnnrdanoo with the c� .`"'hF''ccr-rr-rcrri�vraai7cc-vvTCrr-cT-rc 19 a\ a grid system of streets and walkways shall be in^orporated to fulfil vehi^i filar and pedestrian Fern uirements and to fUmotion as planes of social interaction; b) an integrated and diverse mix ef uses shall be planned and e squares, pn)akettppaarrkcctes street related buildings outdoor patios possible outdoor display and selling areas and other amenities; d) the pedestrian environment is paramount in all Town and Village Gentres and will he enhanced throe ugh development which is hu roan in aGale buildings of high architectural quality, grade level doors and widews, ard the provision of street bernGhes awnings, podostFian_ c^ale lighting and sfreefscane amenities• � e e\ buildings will sted_te previde as n`enTt n ousfa^Gadde to define the edge of the street and to previde a sense of°n^Insi ire• {development within histnri^ down pin areas resrhould G�pplamnet levels, aFFangeMeRt and height windows, and building materials; GGnsod'°e attCti-ttF-the requ'Fernents Of SeGtien 19.9.3; and h\ public safety will he enhanced in the design and siting of buildings and publiG open spaGes te pFE)vide visibility, easy aGGeSS, multiple reutes, IJFban design pronG;PleS will be further elabE)Fated thmugh the 61 design policy for specific Town and Village Gentres as set out in rCv°c^cciGn-r f the Offi I Plan and SeGendary Pllaarnrj_Daye/np Tent c�hrrartll GE)FRPIY with area SpeGifiG urban design guklehipes. 10.4.6 In TGWR eF Village GeRtFes wheFe detailed urban de "qes have not been prepared, the urban design��^��nlees of 1 0.4.55 and the following aTUa-r�ac-.� yy -v1—r-� ai-ra--n�' vv�-rr site development criteria shall he implemented throe ugh the review and for pedestrians wherever possible- side,b) parking aFeas should be sited te the Fear 9F LAndergFound wherever possible; 01 land Use compatibility between ^nmmer^ial residential buildings and comma inity use shall he achieved through appropriate building siting-, design and landscape treatment; d\ high quality landscape treatment shall he provided with parts^UIar regard a-a°ping parking areas visible to the street providing shad° for pedestrians and mitigating heat island effects• e 20 f)--lightiflg iimnpantc will be rvminirnizedd; g) energy effioient design and orientation whinh maximizes the use of alternative Gr renewable eReFgy SUGh as solar -and IN;Wd eReFgy and h) refuse nnllentinn areas will he internal to buildings wherever pnssihle the pFiRGipal building E)n the let; i) load!Rg area and refuse nnllentinn areas hall he „nnhtr„siye , aaRttiGipaated noise impacts will he mitigated, the areas will he sGrreeGTnrcd�r where neGessary and shall geRerally be lGGated at the side Or the r of the buildg* K i n storage is perrni#ed-- k) nnmmon yehin„lar anness and internal nirn„latinn innl„din,, sen�ine lanes onnnentinn ah„ttinn prnnerties sheuld he prrniided Afhereyer pass gg) Existing subsection 10.4.7 is hereby amended as follows: 10.4.7 Drive-through facilities are not desirable in Town and Village Centres. Drive-through facilities will be prohibited in certain areas and appropriately regulated in other areas to minimize impacts on roads and the pedestrian environment, to ensure compatibility with adjacent uses and to achieve the built-form objectives of this Plan and the Secondary Plans. The fellowip'g pnlinies shall apply to the development of drive thrn„nh facilities where they are permitted: a) any drive through facility must he lnr•ated np a lot s,,fficiently suer) to rrnvay��zcrcrrrcy��c�r-�c�vca r rrrcrcrrcry-�r�ccTCV aGG mmodate-all aGtivities assec-iated-with-the die through ilc b) all buildings sentainin drive theughfasilitiesshall he nrionted to the un--r�c-vr-rcrrcccr-cvrcrr�.. spares or drive aisle shall he I t n the setback area• vpu ��urt-r��-r9Ea c rrm��ccr�aa arc-crrccz� G) Fi ve thFough fuGllitiesshau1lrl be SUffiG,ernr i separated from prevetttvehicv-ies from interfering with en site anom- rea-vf site vehiGula GOFGU!at'E)R; and e) aRy additional policies as may he contained in Qecnndary Plans." hh) Existing subsection 10.4 Town and Village Centres is hereby amended by adding the following subsections: 21 10.4.9 Urban Design 10.4.9.1 Town and Village Centres shall be developed in accordance with the following urban design goals: a) to provide an integrated and diverse mix of uses; b) to encourage an active street life through the provision of municipal squares, pocket parkettes, street-related buildings, outdoor patios, possible outdoor display and selling areas, and other amenities; c) to develop a transit supportive environment; and d) to establish a grid system of streets and walkways to fulfil vehicular and pedestrian requirements and to function as places of social interaction; 10.4.9.2 In Town or Village Centres the following urban design policies shall be implemented through the review and approval of development applications: a) buildings shall be street-front oriented and provide direct street access for pedestrians; b) buildings shall be designed to create a pedestrian-scale environment, and promote active and comfortable streetscapes and edges through the inclusion of entrance elements windows articulated wall areas and roofs; c) building form and location shall minimize the impacts of noise, wind and shadows and shall enhance views of landmark buildings, parks and open space; d) the mass and height of buildings shall be mitigated through the stepping back of upper floors to allow for sunlight penetration on adjacent streets and properties, and to create more pedestrian oriented streetscapes; e) the development of street fagades with identical building height and blank, uninterrupted wall surfaces shall be prohibited; f) high quality landscape treatment shall be provided with particular regard to screening parking areas visible to the street, providing shade for pedestrians and mitigating heat island effects; g) common vehicular access and internal circulation including service lanes connecting abutting properties shall be provided wherever possible; and h) for sites with frontages on more than one street, the public entrance shall be oriented toward the street with the greatest pedestrian activity or in the case of a corner site the entrance shall face the intersection." ii) Existing subsection 10.6 Neighbourhood Centres is hereby amended as follows: 22 10.6.4 In the review of development applications, the following site devel„nmon+ and urban design eriteria olp icies will be implemented: a) a floor space index for retail uses on any site not exceeding 0.30; b) a maximum combined floor space index of 0.50 where there are second storey office or residential uses; c) with the exception of a grocery store/supermarket, a maximum of 500 square metres of gross leasable floor area for any individual store; d) street-related building forms are preferred but as a minimum direct pedestrian access will be provided from the street to some stores within 4 m of the streetline; e) compliance with con+inn 10.4.6 b) to i) applicable provisions contained in Chapter 5A Urban Design and subsection 10.4.9.2; and f) provision of a public square in accordance with subsections 10.6.5 and 10.6.6. jj) Existing subsection 10.8.2 Highway Commercial Districts shall amended as follows: 10.8.2 Highway Commercial Districts shall be developed in accordance with the following urban design goals Finciples: a) to promote a variety of urban forms including plazas, free- standing stores, and mixed use buildings; b) to create a consistent_sy--ef building setbacks from the road and a harmonious architectural style sheuld be aGhleved; c) to support an automobile-oriented environment is d requiring efficient and safe traffic circulation through: ® road improvements such as turning lanes; • consolidation of vehicular access points; ® provision of common internal traffic circulation between parcels; and d) to provide safe, well-defined pedestrian walkways should be-pfevided from the street to the store entrance, and between buildings. kk) Existing subsection 10.8.3 is hereby amended as follows: 10.8.3 In the review of development applina+ionc the urban rdesigR nrinninloc for Highway Commercial Districts shall be developed in accordance with the following urban design policies: in Con+inn 10.8.2 and the folleWinrr +o development nriteria shall be imnlernented: a) a floor space index for any development not exceeding 0.30; i i I 23 b) sufficient and convenient parking with surface parking lots partially screened through the use of effective buffer planting; c) safe, efficient road access to the site and/or integration of traffic access with other sites; d) the planting of trees throughout the parking areas to reduce the urban heat island effect; e) the location and design of outdoor,storage and display areas to be visually acceptable and generally screened from the road and freeway frontage; and f) ssMplianGe with the provisions of 10.9.4.2 II) Existing subsection 10.9.4 is hereby amended as follows: 10.9.4 Service stations will be designed in accordance with the following urban design policies: . a) a high quality architectural design, landscape treatment and fencing with particular attention to corner treatment; b) lots should be sufficiently large to accommodate the proposed uses and provide appropriate buffers to adjacent uses; c) access points to each site shall be limited in number and shall not impede traffic flows. Internal access to adjacent commercial properties shall be provided wherever possible; d) convenience retail uses shall be sensitively designed to the context, have high quality finishes facing the street, generally have less than 250 square metres of floor area, be sited on the street corner; and in urban areas provide direct pedestrian access from the sidewalk; e) ancillary drive-through facilities are prohibited in Town and Village Centres and in all other areas will be sufficiently separated from residential uses; f g)fencing, landscaping and architectural treatments, and other appropriate measures will be used to mitigate any noise impacts identified by a noise study; and g fi) signage shall be minimized; a-nd i\ lighting and glare will be minimized in annnrrdanno vVith muninipal nnlinv and appropriate read a itherity req iiromontc mm) Existing subsection 11.3.1 is hereby amended as follows: 11.3.1 Employment Areas consist of Prestige Employment Areas, Light Industrial Areas,af�d General Industrial Areas and Business Parks as designated on Map A. 24 nn) Existing subsection 11.3.2 is hereby amended by adding a new section h) which shall read as follows: h) no auto-auction facility, auto wreckers, asphalt/ready mix facilities shall be permitted unless they are located on a parcel of land less than 2 ha in size. oo) Existing subsection 11.3 is hereby amended by adding the following subsections: 11.3.3 The conversion of lands within an employment area to a non-employment use shall only be permitted during the five-year Official Plan review, or at any time the Municipality undertakes a comprehensive review of employment areas. 11.3.4 Council may permit the conversion of lands within employment areas to a non-employment use only where it has been demonstrated, to the satisfaction of Council, that: a) the land is not required for employment purposes over the long term; b) there is need for the conversion; c) there is existing or planned infrastructure to accommodate the proposed conversion; d) the conversion will not adversely affect the overall viability of the area of employment; and e) the potential impacts of the conversion have been considered on a municipality wide scale." pp) Subsection 11.4.1, shall be amended as follows: 11.4.1 The Business Parks designated on Map A comprise lands having prime exposure tG freeways along Highway 401 and major arterial roads. Development within Business Parks is intended for employment uses exhibiting the highest standard of building design and landscaping in order to provide an attractive appearance that reflects or takes advantage of such high visibility. qq) Subsection 11.5.1 is hereby amended as follows: 11.5.1 The Prestige Employment Areas designated on Map A comprise lands having prime exposure to frays along Highway 401 or major arterial roads. Development within this designation is intended for employment intensive uses exhibiting a high standard of building design and landscaping in order to provide an attractive appearance that reflects or takes advantage of such high visibility. 25 rr) Subsection 11.5.4, is hereby amended as follows: 11.5.4 Development within Prestige Employment Areas shall be subject to a high level of architecture, landscaping and signage control. Outside storage or display of goods shall be strictly prohibited. The Municipality may develop design guidelines to assist in the review of development applications adjacent to Highway 401. ss) Add new subsections 11.5.5 and 11.5.6 which shall read as follows: 11.5.5 Adequate parking and loading facilities shall be provided on the site. These facilities, except for a limited amount of adjacent visitor parking, generally shall not be located between the building(s) and arterial roads or Highway 401 to promote a prestige appearance. Shared access and parking among various properties is encouraged. 11.5.6 Development of the interchange lands is to be characterized by pedestrian-friendly, high-quality, landmark built form that conveys a Prestige employment image and definitive urban presence." tt) Subsection 11.6.2 is hereby amended as follows: 11.6.2 The predominant use of land in the Light Industrial Areas shall be manufacturing, assembling, processing of raw materials, fabricating, repairing, research and development and warehousing. Certain commercial, community and recreational uses, including banks, restaurants, athletic clubs, banquet facilities and fraternal organizations, are permitted provided they are limited in scale and provide services to employees of the Employment Area. In addition, accessory office uses will be permitted provided they are on the same lot and are related to and ancillary to the main industrial use to a maximum of 25% of the total gross building floor area. uu) Subsections 11.7.2, 11.7.3 and 11.7.4 are hereby amended as follows: 11.7.2 The predominant use of land in General Industrial Areas shall be manufacturing, assembling, processing of raw materials, fabricating, Wig, warehousing, storage-and repair and servicing operations. In addition, accessory office uses will be permitted provided they are on the same lot and are related to and ancillary to the main industrial use to a maximum of 25% of the total gross building floor area. 11.7.3 Outside storage shall generally not exceed 50% of the total gross floor area of the building will he permitted provided that it Is properly careened from pi olio view anll hall generally no exceed 50 of the site area and to a maximum height of 5 metres. Outside storage shall generally be located at the rear of the property. 26 11.7.4 T FUGk teFrni'nals, inGluding the FepaiF, steFage and sale ef m°r^ial tronspert „°hi^l°G Transport depots shall be located within the General Industrial Areas having direct access or close connection to an arterial road but not occupying high visibility sites adjacent to freeways or major entranceways to urban areas. Parking, loading and storage facilities shall generally be located at the rear of the lot, adequately screened from adjacent land uses, have a durable, dust-free, hard surface and suitable stormwater management facilities. vv) Existing Subsection 12.4.5 is hereby deleted in its entirety. 12.4.5 In the GGRGideratinn of an am endment to the Offinial Plan fnr the the nr t en't-te-the satisfa^Gtien of the uniGinaIit i and the Fri �� Region of D urham in pons iltatinn with nth° to provide th° fe I lew+ng. a) an-rannallysi.rvn-fr the hydregeolegiGal regime in the arena to determine the availability and quality of grGundwater en a lGng term basis; b) an assessment of se��(��ateMativas�crGh °�ru-rrruniGinnl and s� ai-r--a��cvc�r-rr " ��`J `^. , cr�arurrcr GGRIM anal seWio°c innli Jinn resear^h into the feasibility-of ^onn°^tinn evi Ling rleVeInnm°nt to S i^h systems; G) an assessment ef the 1E)Rg term suitability of the GGRI GE)nditiens fe tee#eet+ve-epeFattien of private sewage d isrp a lsy t erns,-here an nvestigatien has dernonstrated-that private -vide the nntimal seWi^iRg alt ernativ e; d) ill-assessme,,nt Gf surfan° drainage ; „� }1' °earns-'ira°entif Ga ien ^rr'of any eXiSting re.rtFiGCttins to future development; an invent��f GUItUral heWair r-eseurGes and on assessment hE)w new greyAh will be oomnl°m°ntary to, and ^nnsistent with, the h'StGFiG GharaGter of the area; g7 -ei� Giro rrvRrmrreptalziRVeRt$r y r-'� ar d assessment of the imnac of n°e r h) systems; an o � MI f seFV!Gm g alteMativesah as GOM sys nul tems ,, man assessmer t Gf the v *r rpunt ncc n agFiGUItural Iands and tip i)oth°r in�fn)rmTa be deerned-neessary by the nAUni" i er the Reg inn of D irham I `^ ! ww) Existing subsection 14.43 is hereby amended as follows: 14.4.3 With the exception of lands designated Environmental Protection Area within the Oak Ridges Moraine, all other lands designated Environmental Protection Area shall include a setback for development to be determined in consultation with the Conservation Authority and the Province. In the case of a stream valley, the setback shall be determined from the top-of- 27 bank and shall be based on a stable slope and the sensitivity of the stream valley. The setback for all other natural heritage features designated as Environmental Protection Area shall be determined based on the sensitivity of the specific natural heritage feature. In no case would the setback be less than 5 metres in width. In the case of new plans of subdivision or consents, lot lines shall not extend beyond the established setback. The limits of the Environmental Protection Area within the Oak Ridges Moraine area may be verified through the preparation of a Natural Heritage Evaluation or Hydrological Evaluation_ OR aGGeFdaRGe with Cantina A it 40 and 4 it Al of this Dlon xx) Existing subsection 15.3.6 is hereby amended as follows: 15.3.6 An application to amend this Plan to permit a new Aggregate Extraction Area or to expand an existing Aggregate Extraction Area shall be supported by an Aggregate Extraction Area Study prepared by the applicant. The Terms of Reference for the study shall address the matters set out in Seotien 15.E Q Appendix "A" unless, as a result of consultation by the applicant with the Municipality, the matters which are required to be addressed in this particular study are scoped by the Municipality. Wherever reasonably practicable, the Study required by this Plan will be GO ordinated coordinated with the study requirements of other agencies, including the Province and the Region. yy) Existing subsection 15.3.7 is hereby amended as follows: 15.3.7 The Municipality shall prepare guidelines for the assistance of applicants in the preparation of the Aggregate Extraction Area Study. Among other matters, the guidelines shall elaborate the requirements of for SeG lens 15.3.8, 15.3.9 and 15.3.10 respeGtiRg the preparation of terms of reference for the content of an Aggregate Extraction Area Study. Applicants who submit a study that satisfactorily addresses the requirements of an Aggregate Extraction Area Study of SeGtieR 15. . shall not be subject to the requirements of an Environmental Impact Study, a Hydrological Evaluation, or a Natural Heritage Evaluation Seofien 4.4.35, 4.4.36 and 4.4.39, and, eXGept as p1revided fGF OR SeGtiGR . , 4.4.40 E)f this PlaR. zz) Existing subsection 15.3.8 is deleted in its entirety and the subsequent subsections are renumbered accordingly: Aggregate Entci aGtien Area Study under-taken by-a qualified vensltant. The purpose of the Door Review will be to ensure that the Study satisfies the peliGies of this Plan and Gan be Felied UPOR by the MURiGipality !R the 28 the Peer Review, the MuniGipality will eRGE)6IFage the appliGant te pay the GE)Sts of the Peer Review whioh oasts shall be reasonable , aaa) Existing subsection 15.3.9 is deleted in its entirety and the subsequent subsections are renumbered accordingly. i 5.3.9 An Aggregate ExtraGtiOR Area Study shall address the fellewing� existing landform featuFes all natural heritage features on and, arohaeelogieal roseNroev, existing w nu plw n„ned ,land uvvv ad Juvent to the development site and alonry propeserd haul route and existing iIiGeRSed pits and extraGtiOR limits, and ahandnne-qitG_ b) a rdesoription of the proleot inol„rding antivities whioh may prord„o x� .+.+� �.+��.+�� .+� the l..i vwv�, ���vitiuu�y uvu v uvv ry�� v�, may,u�r d✓,vu uvv impaGts, and the antiGipated quality and quantity ef aggregate te be evt rc�ccra Gte d; , G) an extFaE) ` )afl ideRtift F Ca}ien an d assesJMeR} o; the ass iron ntn - .Jac-late -#-fie the ohieotives of any area wide rehahilitatier plan• , g) the oriteriM of Sentiwnn - .4.An of this Plan for upplii,oatiionv Iiovuteu within the Natural Linkage /1 rea as identified on Map 4• , h) the matters set out in SeE and 1 F 3 1 1 to 1 F 3 1 4 innlusiye• i) the matters set out in eoti aR d -rr-S�.Rey-�.�-4.4-�,� j) any other matters deemed ReGessary by the MunlGipality er the Reg' to address the applicable policies of this Plan bbb) Existing subsection 16.8.4 is hereby amended as follows: SPECIAL POLICY AREA F 16.8.4 The applicable urban design goals of Section 10.4.9.2 and urban design policies of Section 10.4.9.3 nrrii iG-'rpieeS Of SeeGtien 10.3.2 and the site development Criteria of Sect+en-a 0.3.7 apply to Special Policy Area F. 29 ccc) Existing subsections 16.8.4 and 16.12.2 are hereby amended as follows: 16.8.4 The applicable urban design principles goals of Section 10.3.2 10.4.9.1, the urban design policies of Section 10.4.9.2 and the site development criteria of Section 10.3.7 apply to Special Policy Area F. 16.12.2 The implementing Zoning By-law shall allow as permitted uses, reforestation, conservation and a single 2500 square metre fur garment manufacturing facility, in a single building, to be used for the design, production and sale of fur garments. Accessory buildings and structures shall be permitted in accordance with the Comprehensive Zoning By-law, provided that no single accessory building or structure shall be larger than 100 square metres in size. A change in use from fur garment manufacturing to another single prestige employment use may be permitted, but shall require an amendment to this Official Plan and an amendment to the Comprehensive Zoning By-law, and may require at the request of the relevant authorities, the submission of one or more of the following to the authorities for approval: a) an analysis of the hydrogeological impacts b) an assessment of the impact on surface drainage c) a traffic impact analysis cl- an-environmental impact study; as set e t in SeGbGR 4.4.35 of this DlaR e) a stormwater management plan f) a servicing study g) studies with respect to impacts of noise, dust or odour, and h) other information as maybe deemed necessary by the Municipality of Clarington and/or.the Regional Municipality of Durham ddd) Existing subsection 17.2.2 is hereby amended as follows: 17.2.2 Notwithstanding the above, the 6.4 hectare parcel of land at the south- east corner of King Street and Trulls Road (identified under Assessment Roll # 18-17-010-050-22700-0000) may be permitted to develop up to a maximum of 13,900 square metres of gross leasable floor space for retail uses prior to the completion and approval of a secondary plan provided: a) the proposal conforms to the urban design goals PFiRGiPleG of Section 10.4.9.1 10.3.2 and urban design policies site development nriteria of Sections 10.3.7 10.4.9.2; and b) the Municipality has completed and adopted an urban design plan for the Courtice Town Centre which addresses the distribution and integration of land uses, the siting and massing of buildings, the pedestrian environment, traffic circulation including the location of public or private streets, public transit and parking. 30 eee) Existing subsection 22.3.1 is hereby amended as follows: 22.3.1 Community Improvement Project Areas and Subareas are shown on Map I of this Plan. It is the intent of the Municipality to prepare community improvement nrrviec plans for each of the Community Improvement Project Areas, or parts thereof. These plans shall serve as the basis for community improvement works. fff) Existing subsection 22.3.2 is deleted in its entirety and replaced with the following: 22.3.2 The'Community mprGvement rroas and Subareas are prinritizedas fel lewws: Fire Dridrity SeGend Priority Third Priority Bewmanville Subarea E34 Bewrnanville Subarea R7 B irketen �urrtczvrr BowmaRVille Subarea B5 AeWG Vill Subarea N2 . Bewmanville SubaFea B6 HamptGR FaRRiskol nn . NovrFnniillo "22.3.2 The Community Improvement Project Areas and Subareas are prioritized as follows: Corn pleted First Priority Bowmanville B2 Bowmanville B6 Newcastle N1 Bowmanville B7 Orono Courtice C1 Courtice C2 Second Priority Third Priority Bowmanville B3 Bowmanville B1 Bowmanville B4 Newcastle N2 Bowmanville B5 Hampton Mitchell Corner's Newtonville" 31 ggg) Existing subsection 22.3.3 is hereby amended as follows: 22.3.3 Section 22.3.2 is to be used only as a guide in the preparation of community improvement prejeet plans. Program choices, financial constraints, on-site project necessities, and funding criteria may change the priorities. The Municipality may revise its priorities without the necessity of an amendment to this Plan. hhh) Existing subsection 22.3.4 is hereby amended as follows: 22.3.4 The community improvement prejeG plans will be implemented by means of powers conferred upon Council under the Planning Act, the Municipal Act, and other applicable statutes including: a) municipal and private sector participation in available Federal, Provincial and Regional programs; b) the acquisition, improvement and disposal of land and buildings; c) agreements with any government authority or agency for the preparation of studies, plans and programs; d) the integration of community improvement projects with the ongoing maintenance and improvements of municipal infrastructure and programs; e) using the p—..ions of the I Goal improvement An+ 4o upgrade rn inininol Boni. ,es where apprepriate, e g� encouraging public participation in the preparation of community improvement project plans; fg) encouraging infilling, redevelopment and other land use intensification activities; g.14)supporting the preservation of historic or architecturally significant buildings and the use of funding programs under the Ontario Heritage Act; and hi) supporting local service clubs and other organizations in the development of recreational and other facilities and services." iii) Existing subsection 22.3.5 is hereby amended as follows: 22.3.5 The Municipality will consult with the Region of Durham when community improvement projes plans are being prepared to ensure the co-ordination of improvements to sewer, water and other Regional services with municipal improvements. The Municipality will ebtain the oonourrenoo of consult with the Region prior to the approval of any community improvement PFGjeG plan. jjj) Existing subsection 23.1.2 is hereby deleted in its entirety and the subsequent subsections renumbered accordingly. 32 23.1.2 The MURiGipality will develop, in Go operation with the Health 'Gem'rrmwR*tiess e, Committee,, aa series f key "qua try of life" inydicatrnTto measure progress Gh*& ;-- a c� -tainahl® healthy nnmmi inity f ,"y ';V `^ --- �r�rc,Trccrrcr-r���rn�ra'rrrc� kkk) Existing subsection 23.1.4 is hereby amended as follows: 23.1.4 The Official Plan shall be reviewed every five years as required by the Planning Act to ensure that it conforms with Provincial Plans, has regard to matters of Provincial interest, is consistent with the Provincial Policy Statement, and continues to embody the policies of Council, enhancing the achievement of the principles, goals and objectives of this Plan. III) Existing subsection 23.1.5 is hereby amended as follows: 23.1.5 Prior to revising the Official Plan under section 23.1.3, Council shall hold a special meeting of Council, open to the public, to discuss the revisions that may be required in accordance with the provisions of the Planning Act. publiG mooting at load enGe every 5 yearn to Gonsiyder the need for a Gomplete review of the Official Plan or significant Gomponents of it mmm) Existing subsection 23.2.2 is hereby amended as follows: . 23.2.2 In order to provide ample opportunity for the public to review and discuss the proposed Plans, By-laws or amendments, notification of any statutory public meeting as required under Section 23.2.1 shall be given at least 18 consecutive days prior to the date of the public meeting and will be given either in accordance with the Planning Act. a) pi bliGation in a newspaper that is, the Clerk's opinion, si iffinientli general GirGulatiGR in the area to wh!Gh the proposal would apply; r e alltGt b) personal serVice or pre paid first Glans mail to every owner, ncGi ipant or teRaRt of Iand !R the area and Within 120 metFes of the are fA_ Whir--h the proposal would apply at the address as shown on the last revised assessment f the uni ality. Where the Clerk has r yed e•rL-��-rc-vrcr-n-rra�-�-eEe}�rccr written Reti% of a GhaRge of Ownership or GGGHpanGy of , RGtiGe shall he given to the ne���n�i��n,�.,ey„ner. or nnGUpant as the Gase may he at the addresJa�et OUt OR-theW-ttteR RGtiG G) personal service or prepaid first Glass mail to every person and agency that has given the Clerk a written request for SUGh RGtiGe in respeGt Of the preposeyJ Dlap By law and/or amendments thereto p1 33 nnn) Existing Subsection 23.2.4 is amended as follows: 23.2.4 Council may initiate amendments to this Plan in response to significant changes to the planning and development environment in the Municipality and, in particular: a) as a result of the 5 year review set out in Section 2-3.1.5 23.1 A,- b) to implement the strategic policies set out in Part II of this Plan; c) in response to new Provincial Legislation, Provincial Policy Statements or Guidelines; and d) due to changes to the Durham Regional Official Plan. 000) Existing subsection 23.5.4 is hereby amended as follows: 23.5.4 Notwithstanding 23.5.3 within the Oak Ridges Moraine, the expansion of an existing building or structure on the same lot or expansion of an existing institutional use or the conversion of an existing use to a similar use that legally existed on November 15, 2001, may only be considered if: a) the applicant demonstrates that the criteria of Section 23.5.3 can be satisfied; b) there will be no change in use; and c) the applicant demonstrates ;n-acGGrdanGe wi eEt+e^ 4,, -� 4.3° of this P4a-n; that the expansion will not adversely affect the ecological integrity of the Oak Ridges Moraine. ppp) Existing section 23.6 Subdivision and Condominium Approval is hereby amended by amending subsection 23.6.2 and by adding new subsections 23.6.5 through 23.6.7 as follows: 23.6.2 Where a plan of subdivision has been granted approval prior to the approval of this Plan by the Region, it is not the intention of the Municipality to apply the policies of this Plan retroactively. However, in the event of major revisions, or if the approval of a draft plan of subdivision lapses, the entire plan of subdivision will be subject to review and the growth management objectives of this Plan and the Region of Durham Official Plan of this Plan shall apply. shall be considered as a key component of the development review process. "23.6.5 If a plan of subdivision or part thereof has been registered for eight Vears or more, and building permits have not been issued, Council may use its authority under Section 50(4) of the Planning Act to deem it not be a registered plan of subdivision. 23.6.6 Council shall require that approvals of draft plans of subdivisions include a lapsing date in accordance with Section 51(32) of the Planning Act. 34 23.6.7 Common element condominiums and vacant land condominiums shall not be permitted if the Municipality requires public ownership of the lands for pedestrian or vehicular access to create local road connections to existing developed or undeveloped land." qqq) Existing subsection 23.8.1 is hereby amended as follows 23.8.1 All development shall be subject to site plan control, with the following exceptions: a) any building or structure within a public park; aRy building nr ctFLIGtUre veSeWatttti-i Authority,it the gey rnme V RtaF�'r� yercrr'mr°eR of Canada, y b) any structure erected for the purpose of flood or erosion control; c) any permitted agricultural building or structure; d) any temporary structure as defined by the Ontario Building Code; e) a residential building containing less than 3 dwelling units; f) alterations to buildings or structures which do not alter the nature of the existing use; g) aggregate extraction activities which do not include permanent buildings or structures; aR4 h) any expansion or enlargement of a building or structure that is less than 20 square metres or less than 10% of the total floor area of the building, whichever is less; and ) the placement of a portable classroom on a school site of a district school board if the school site was in existence on January 1, 2007. rrr) Existing Subsection 23.8.2 is hereby amended as follows: "23.8.2 As part of a submission for site plan approval, the Municipality requires that the proponent demonstrate how the proposed design and the organization of the site and buildings will: a) implements the urban design policies of the Official Plan and any relevant Secondary Plans; b) in Town and Village Centres and in Residential Neighbourhoods, contributes to compact, urban and pedestrian-oriented form and function that enhances pedestrian and transit accessibility; c) safely addresses vehicular traffic impacts; d) implements sustainable development objectives including protection of the natural heritage system, energy efficiency, minimizing light 35 pollution and water consumption, stormwater management controls, tree planting and other enhancements to the natural environment; e) protects, enhances or restores the Municipality's b4i-Et cultural heritage resources; f) demonstrates the relationship of the proposed building to adjacent buildings, streets and exterior areas to which members of the public have access;-integFates with surrn„nrding ultimate land uses and , e#eGts; g) provides landscaped areas and urban amenities consistent with the context of the planned land uses and the Municipality's landscaping, urban design and amenity requirements; h) makes appropriate provision for sequential staging of services including the construction of infrastructure to service the site; and ) provide facilities designed for accessibility for persons with disabilities; and j +) implements any other relevant policies of this Plan. sss Existing Subsection 23.8.3 is deleted in its entirety 23.8.3 The MuniGipality will require the GWRer of IaRGIG proposed fer developmen under site plan rentF(Dl, te eRteF !Rte GRe E)r more agFeemeRtS pursuaRt tG the'Planning ant to address all matters nentaiRe 1 therein innL,rlinn ttt) Existing Section 23.8 Site Plan Control is amended b adding the following subsections: "23.8.3 To achieve the intent of 23.8.2, the Municipality, shall as part of the site plan approval: a) Consider matters related to exterior design, including without limitation the character, scale, materials, colours and design features of all building exteriors, exterior signage and lighting; and b) Require the inclusion of sustainable design elements on any adjoining right of way under the Municipality's jurisdiction, including without limitation trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities. 23.8.4 As a condition of the approval of the plans and/or drawings required in this Section, the Municipality may require the owner of the land to: i 36 a) Provide and maintain, to the satisfaction of and at no expense or risk to the Municipality, the facilities, works or matters set out in Section 41(7) (a and b) of the Planning Act; b) Enter into one or more agreement(s) to ensure that development proceeds in accordance with the approved plans and drawings as required as set out in Section 41 (7)." uuu) Existing Section 23.11.3 is hereby deleted in its entirety. 23 1 1 3 The Gernmunity Park site shown on Map A2 se ith of Rleer Street on the east side of PrestGRyale Read shall endure for a period of 15 years from the date of annreyal of this noliov of the Offinial Plan If the site has not been aGquired fOr GOMMURity Park purpE)ses within this peried, the sit shall he deemed to he designated "1 Irhan Residential" and may he developed in annorrlanoe with the nnlinies for that designation vvv) Existing Section 23.14 Exceptions is hereby amended by renumbering it to Section 23.16, and by renumbering the subsections of the new Section 23.16 accordingly. www) Existing Section 23 Implementation is hereby amended by adding a new subsection 23.14 Community Benefits,'as follows: "23.14 COMMUNITY BENEFITS 23.14.1 In accordance with the Planning Act, within designated Village or Town Centres, Council may in a Zoning By-law authorize increases in the height and/or density of development for a site specific development proposal beyond that permitted in the Zoning By-law, in return for the provision of such facilities, services, or matters that include a significant public benefit in accordance with the Community Benefits section of the implementing Zoning By-law. 23.14.2 Increases in height and/or density may be considered in order to obtain the following community benefits: a) the preservation of cultural heritage resources; b) the provision of maior cultural or arts facilities; c) the provision of public squares, arcades and walkways within the development otherwise not required by the policies of this Plan that have functional benefits; d) the provision of assisted or special needs housing; e) the provision of daycare facilities; f) the provision of community facilities; and g) any other public benefit deemed suitable by Council. 37 23.14.3 Council may also consider a Community Benefits by-law outside of Village or Town Centres for the protection of cultural heritage resources and/or natural features beyond the parklands dedication requirements of the Planning Act, in accordance with the Community Benefits section of the implementing Zoning By-law. 23.14.4 The use of Community Benefits zoning shall be carefully controlled, and shall only be undertaken after a thorough site-specific Community Benefits study: 23.14.5 The site-specific Community Benefits study referred to in subsection 23.14.4 shall assess the extent of the permitted height and/or density bonuses that shall be established based on: a) the proposed development's compatibility with existing adjacent development; b) the extent to which the proposed development is consistent with the stated goals and objectives of the Municipality; c) conformity to the general intent of the relevant land use designation of this Plan; and d) the adequacy and impact of infrastructure and community services. 23.14.6 When considering Community Benefits, and allowing the provisions of benefits off-site, the positive impacts of the exchange should benefit the surrounding areas experiencing the increased height and/or density. 23.14.7 The Community Benefits Zoning By-law shall set out areas where the height and/or density of development would be permitted to increase, as well as the extent of the height and/or density bonus. 23.14.8 As a condition of the Community Benefits Zoning By-law, the Municipality will require the proponent to enter into one or more agreements registered against the lands to which it applies, and dealing with the provision and timing of facilities, services or matters that are to be provided, and the height and/or density bonus to be given." xxx) Section 23 is hereby amended by adding a new section 23.15 Preconsultation and Complete Applications as follows: 3.15 PRECONSULTATION AND COMPLETE APPLICATIONS 23.15.1 The Planning Act permits Council to require an applicant to pre-consult with the Municipality prior to submitting an application and to require an applicant to provide, at the time of the application submission, any information determined as necessary to properly assess the application. The purpose of the following Pre-Consultation and Complete Application 38 policies is to outline what is required for a particular application and to ensure that applications are comprehensive and can be processed expeditiously: a. Prior to the submission of a complete application for an Official Plan Amendment, Zoning By-Law Amendment, Draft Plan of Subdivision, Draft Plan of Condominium, or Site Plan the applicant shall consult with the Municipality in accordance with this Plan and the Municipality's Pre-consultation By-Law. b. Pre-consultation meetings shall be held with the Municipality and any other external agency as deemed appropriate by the Municipality. c. Studies, reports and information outlined as necessary for the proper evaluation of a complete application will be determined by the Municipality in consultation with external agencies as deemed necessary by the Municipality. d. In addition to the studies, reports and information specified during the Pre-consultation process, the applicant shall be required to submit any other studies and reports relevant and necessary to the evaluation of the particular applications as deemed appropriate by the Municipality consultation with the applicant, and any other external agency during the application review process or peer review process. e. All studies, reports and information specified shall be prepared in accordance with any standards or specifications applicable within the Municipality or the Region, and may, at the Municipality's discretion, require a peer review by a qualified consultant retained by the Municipality at the applicant's expense. General descriptions of studies, reports and information that may be required are outlined in Appendix A which may be modified without amendment to this Plan. 23.15.6 In addition to the prescribed information required by the Planning Act, and the other information outlined in Section 23 of this Plan, the Municipality may, through the Pre-consultation Meeting, identify other planning applications that are required to be submitted concurrently, to ensure that Council and its delegated approval authorities can properly evaluate the applications and make consistent and appropriate decisions." yyy) In the existing sections listed below, the references to sections of the Official Plan shall be amended as follows: In existing Sections 4.4.9 and 4.4.37 the reference to Section 4.4.40 shall be changed to Section 4.4.41; In existing Sections 4.4.9, the reference to Section 4.4.41 shall be changed to Section 4.4.42; and 39 In existing subsection 23.2.4 a), the reference to Section 23.1.5 shall be changed to Section 23.1.4. zzz) Existing Section 24.14 Interpretation is hereby amended as follows (only revised or new definitions are indicated: 24.14 The definitions of terms contained in this Plan are as follows: Archaeological Resource: means the remains of any building, structure, activity, place, cultural feature or object which, because of the passage of time, is on or below the surface of land or water, and is of significance to the understanding of the history of a people or place. The identification and evaluation of such resources are based upon archaeological fieldwork undertaken in accordance with the Ontario Heritage Act. "Areas of Archaeological Potential: means areas with the likelihood to contain archaeological resources. Archaeological potential is confirmed through archaeological fieldwork undertaken in accordance with the Ontario Heritage Act. Auto Auction Facility: means a building, structure or lands used for the storage of used vehicles which are to be sold on the premises by public auction, and for the sale of the said vehicles by public auction on an occasional basis. Auto Wrecker/Auto Dismantler/Recycler: means a building, structure or lands uses for the storage of used vehicles which are to be dismantled on the premises and for the sale of parts of the said vehicles on site. Built Heritage Resources: means one or more significant buildings, structures monuments installations or remains associated with architectural, cultural, social, political, economic or military history identified as being important to a community. These resources maybe identified through designation or heritage conservation easement under the Ontario Heritage Act, or listed by local, provincial or federal jurisdictions. Community Infrastructure: refers to lands, buildings, and structures that support the quality of life for people and communities by providing public services for health, education, recreation, socio-cultural activities, security and safety, and affordable housing. Comprehensive Review: means a) an official plan review which is initiated by Council, or an official plan amendment which is initiated or adopted by Council, which: i. is based on a review of population and growth projections and which reflect projections and allocations by Durham Region and provincial plans, where applicable; considers 40 alternative directions for growth; and determines how best to accommodate this growth while protecting provincial interests; ii. utilizes opportunities to accommodate projected growth through intensification and redevelopment; iii. is integrated with planning for infrastructure and public service facilities; and iv. considers cross-jurisdictional issues; or b) a review undertaken by Council or comparable body which: i. addresses long-term population projections, infrastructure requirements and related matters; and ii. considers cross-jurisdictional issues. Conserved: means the identification, protection, use and/or management of cultural heritage and archaeological resources in such a way that their heritage values, attributes and integrity are retained. This may be addressed through a conservation plan or heritage impact assessment. Conversion of Employment Lands: means redesignation from employment area to another urban designation, or the introduction of a use that is otherwise not permitted in the employment areas designation. Cultural Heritage Landscape: means a defined geographical area of heritage significance which has been modified by human activities and is valued by a community. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or parts. Examples may include, but are not limited to, heritage conservation districts designated under the Ontario Heritage Act and villages, parks, gardens, battlefields, mainstreets and neighbourhoods, cemeteries, trailways and industrial complexes of cultural heritage value. Cultural Heritage Resource: means man-made or natural features, including structures, objects, neighbourhoods, landscapes and archaeological sites that have been identified as significant by the local municipality or the province for being meaningful components of a community's cultural heritage or identity. Employment Area: means those areas designated for clusters of business and economic activities including, but not limited to, manufacturing, warehousing, offices, and associated retail and ancillary facilities. Heritage Attributes: means the principal features, characteristics, context and appearance that contribute to the cultural heritage significance of a protected heritage property. 41 Protected Heritage Property: means real property designated under Parts IV, V or VI of the Ontario Heritage Act, heritage conservation easement property under Parts II or IV of the Ontario Heritage Act, and property that is the subject of a covenant or agreement between the owner of a_property and a conservation body or level of government, registered on title and executed with the primary purpose of preserving, conserving and maintaining a cultural heritage feature or resource, or preventing its destruction, demolition or loss. Provincial Plan: means a plan approved by the Lieutenant Governor in Council or the Minister of Municipal Affairs and Housing, but does not include municipal official plans." Retail ImpaGt Study� a detailed study GendWGted by a qualified rnaFke analyst whinh examines the feasibility and impaGt of o proposed retail GentFal A Forts aaaa) Existing subsection 6.5.4 of the Brookhill Secondary Plan is hereby amended as follows: 6.5.4 An Environmental Impact Study shall be undertaken for development proposals in aGr'Grdainrc°e withrSeGtinn 4 4.35. of the QffiGial including any necessary infrastructure and roads proposed within the Lake Iroquois Beach, or within 120 metres of the boundary of a wetland or wetland complex or 30 metres of the Environmental Protection Area designation. Any resulting changes to the boundaries of the Environmental Protection Area designation resulting from the recommendations of an Environmental Impact Study shall not require an amendment to the Official Plan or Secondary Plan. bbbb) Existing subsection 3.7.3 of the Clarington Technology Business Park is hereby amended as follows: 3.7.3 An Environmental Impact Study shall be required for development applications on lots adjacent to the significant woodlands identified on The ERVirnnmen lmnaot Study shall be prepared in aonorrdanoe Map -r„��n� �a�� �r���a��« With SeGtiGR 4.4.35 of the MuniGipality of QaFiRgten Qffi,Gial Plan-. cccc) Existing subsection 11.3.2 of the Brookhill Neighbourhood Secondary Plan is hereby amended as follows: 11.3.2 Community Theme and Urban Design Implementation Plan Prior to the approval of a development in the Brookhill Neighbourhood a Community Theme and Urban Design Implementation Plan urbaR design b4ef shall be prepared to confirm and control the intended pattern of 42 development within the Neighbourhood." In addition to other matters, Tthe Community Theme and Urban Design Implementation Plan shall include: a) the preposed pattern of reads and develepment blocks and distribution of land uses _1 b) the proposed network of reads, transit, \/pedestrian and hleele reI Itec• t G) a ReadsGape Plan, that aFtiGUlates speGifiG urban design issues te bea,dFesse l�n implementing y laws plan(s) of s bdiyicinn site plan ap rGvals; d) the IGGatien E)f speGifiG features, sites and residential !E)ts within the t". � 1 Neinhbe Irheed BI Ioh as Garner Into and T_intorcontions that require cpeG!fin lot and building placement, al nrientatinn an arehiteetl Iral feat)Tres; �T ae) design concepts for community theming including gateway treatment, landscape treatment including the "green corridor" treatment for Regional Road 57, light fixture standards, fencing details, sidewalk details and related design issues that provide for overall community theme.; f\ aParks and Open Spaee Master Plan �en�es th�4Gatio�n arnd rr— crrv�acc—rvrurcc.�--r-rur� c�rr t open spaGe buffero t rn enymrenental and cI tltl Iral heritage feat)Tres; 1 g) where appliGable, the antiGipated beundaries of implementing plans ef t hh) In_the caseSGheeGI site, prepeseed patteem ralteerrrna a Iogee, in the event-that theite is net Teeu;red for sGhG Inc dddd) Existing Subsection 15.2.5 of the Bowmanville West Town Centre Secondary Plan is hereby amended as follows: 15.2.5 In the consideration of a development application within the West Town Centre, the Municipality may require that the proponent prepare a traffic impact study to the satisfaction of the Region of Durham and the Municipality. The traffic impact study shall he prepared and stamped by a reegsterpdKefesJiGR inner and address the fel!E)wing: a) trip neneratien by medal split I inner I I n1 Irrent f1 ItI ire anti ltern 1 cnnditienG rennrrniZiRg the development potential of ether lands; t rvehiGUIar &EGescr requi.ermirents and geemetFOG rin fnr� pr�6ed entranceways d`TQInI site veh!GTI!ar-GiFGLI lee, . e) pedestrian and biGYGle 1 and f)—#a s+t-aEEes d c-,m° ;eg cements. eeee) Map A3 Land Use Bowmanville Urban Area is amended by changing the designation of 2375 Baseline Road from Prestige Employment Area to Community Park as shown on Exhibit "A" to this Amendment. 43 ffff) Map I Community Improvement Areas is hereby amended as follows: a. by deleting the Enniskillen CIA, b. by deleting the Leskard CIA, C. by deleting the Burketon CIA, d. by deleting the Kendal CIA, e. by deleting the Haydon CIA f. by deleting the B2 CIA, g. by renumbering existing B3 CIA to B2 CIA h. by renumbering existing B4 CIA to B3 CIA i. by renumbering existing B5 CIA to B4 CIA j. by renumbering existing B6 CIA to B5 CIA k. by defining a new B6 CIPA, I. by defining a B7 CIPA, M. by adding the C1 CIPA, n. by changing the title of the Schedule from `Community Improvement Area' to `Community Improvement Project Areas', o. by adding `Completed Community Improvement Plan' to the legend and p. by changing the legend from `Community Improvement Area' to `Community Improvement Project Area' as shown on Exhibit "B" to this Amendment. as chn�nin nn Rvhihit TR10 +n Tthas Omendmon* gggg) By introducing Appendix A— General Description of Studies. Proposed Appendix A — General Description of Studies As outlined in section 23.15 of this plan, the Planning Act permits Council to require an application to pre-consult with the Municipality prior to submitting an application, and to request from the applicant, at the time of the application submission, any information determined as necessary to properly assess the application. General descriptions for reports that may be required of an applicant are outlined below. The final scope of the reports shall be determined by the Municipality, in consultation with any other government body, public authority and/or external agency, and is dependent on the nature of the proposal. Additional information may be required from these reports through the planning analysis, council deliberation, and/or public participation processes. The reports need to be signed and stamped by the respective registered professional. The following list describes the most common reports that are required for an application to be deemed complete. This is not considered an exhaustive list. Other specialized reports may be required based on the nature of the application Report General Description PLANNING AND GROWTH MANAGEMENT Planning The purpose of a Planning Rationale Report is to provide an overall 44 Report General Description Rationale Report planning framework, and a clear understanding of the different components of the proposal. The Planning Rationale Report also brings together the analysis and conclusions of the other reports supporting the application. The minimum objectives of the study are to: • provide a description and clear understanding of the proposed amendment; • provide all statistics (i.e. height, density), site and contextual considerations; • explain the conformity of the proposed amendment with the Municipality's Official Plan, the Municipality's Zoning By-law, and any other of the Municipality's planning documents, including process steps and approvals required (i.e. zoning, site plan control, land division); • explain the consistency with provincial policy statements, conformity with applicable provincial plans, and conformity with the Region of Durham Official Plan; • explain the contribution of the proposed amendment to the overall urban structure of the Municipality and, if applicable, the planning vision developed for the particular context (e.g. conformity with Urban-Design Guidelines); • explain the compatibility of the proposed amendment with adjacent land uses; • demonstrate the availability of adequate infrastructure to service the development resulting from the proposed amendment; • provide the site's planning history, including previous approvals; • provide an analysis of all the studies submitted as part of the application; • demonstrate how the development contributes to the sustainability principles of the Official Plan; and • provide an analysis and opinion as to why the proposal is good planning, an evaluation of potential impacts including economic development benefits. Retail Market A Retail Market Study will analyze current and future market Impact Stud potential for a specific type of retail. The study will also analVze the impact of the proposed retail development on the existing and planned structure of the Municipality, in particular the impact on historic downtowns and on town/regional and neighborhood centers. The basis for the study will be the Commercial Policy Review Study as updated from time to time. 45 Report General Description Financial Impact The purpose of a Financial Impact Analysis is to determine the Analysis proposed development's financial impact on the Municipality's operating and long term capital budgets. The study will consider the costs of the development in all Municipal services and infrastructure at both the Municipal, and if required, Regional levels. The report may include demographic projections, impacts on both hard and soft infrastructure like roads and libraries or fire protection respectively. In addition to the capital cost, the analysis should also include the additional operating/maintenance costs to be incurred by the Municipality. The analysis should also include the impact on the Development Charges schedule and financing_ SUSTAINABILITY Environmental The purpose of an Environmental Impact Study (EIS) is to Impact Study determine the potential for development to adversely impact environmentally significant and sensitive areas, and natural heritage features. The StudV Stud shall: a) examine the functions of the natural heritage features; b) identify the location and extent of natural heritage features; c) identify the potential impacts of the proposed development on the natural heritage features and-their ecological functions; d) identify any lands to be preserved in their natural state; e) identify mitigating measures to address the adverse affects of development on the natural heritage features and their ecological functions, including setbacks for development; f) identify the potential for restoration and/or creation of wildlife habitat; and g) examine the cumulative impact of the existing, proposed and potential development, including the impact on groundwater function and quality. An EIS for lands within the Protected Countryside designation of the Greenbelt Plan shall also be undertaken in accordance with the policies of that provincial plan. Energy The Clarington Official Plan recognizes three key principles which Management provide direction for the policies in the Plan; sustainable Plan development, healthy communities and the management of growth. The Municipality, is encouraging the development industry to promote high quality design practices centered on resource (e.g. water, energy) conservation, efficiency and environmental sustainability. The Energy Conservation and Sustainability Plan must demonstrate how the development will achieve these three key principles. The Plan needs to consider the following: 46 Report General Description a) energy efficiency; b) air quality; c) water quality and quantity; d) solid waste; e) natural environment; and homeowner education. Hydrogeological The purpose of a Hydrogeological Report is to evaluate the impacts Report and of a proposed development on ground water and surface water Servicing quality or quantity and the associated connections and impacts to Options Report natural heritage and water resource features and functions The Hydrogeological Report may make recommendations regarding the design of the proposal. The Hydrogeological Study should describe the regional and local hydrogeological conditions, characterize the groundwater and surface water flow systems, and identify the availability, quantity and quality of groundwater sources at the site. The Hydrogeological Study shall demonstrate that the proposed development will have no adverse effect on groundwater quantity or quality, or on natural heritage functions and hydrological features that rely on groundwater. The results of the study may impact the design of the development. This may or may not include the preparation of a water budget. Geotechnical The purpose of a Geotechnical Report is to explore subsurface soil Report and groundwater conditions on a site. The Geotechnical Report should summarize subsurface exploration data, including subsurface soil profiles, exploration logs, laboratory results, ground water information and engineering recommendations for design. The report will develop geotechnical recommendations regarding such actions as earthwork construction and backfilling, dewatering, installation of services (water, sanitary and storm), service bedding and backfill, and roadway construction. It may also include bearing capacity as required by the development proposal. Slope Stability The purpose of a Slope Stability Report is to protect the long-term stability of valley slopes from development impacts. Any proposal for development or site alteration on or in proximity to a slope must demonstrate that the long term integrity of the slope is not compromised by the proposed development and that if required an appropriate access buffer has been provided in accordance with the standards and criteria established by the Province and the Conservation Authority. Specific situations may include the need to undertake a stream meander belt analysis for applications adjacent to watercourses and valleylands. i i 47 Report General Description Flood Plain The purpose of a Flood Plain Management Report is to evaluate the Management hydraulic impacts to the flood plain, both on and off-site, flood Report proofing requirements and access requirements associated with development or site alteration within the Regional Storm Flood Plain, as defined by the Conservation Authority_ Any proposal for development or site alteration within the Regional Storm Flood Plain must demonstrate that there will be no off-site impacts to the flood plain and must demonstrate that an appropriate level of flood proofing and safe access may be established for the proposal. OAK RIDGES MORAINE SPECIFIC STUDIES Natural Heritage A Natural Heritage Evaluation shall demonstrate how the specific Evaluation planning, siting, design or construction practices for the proposed development would maintain or enhance the ecological integrity of the Moraine, including the natural heritage, water resources and landform conservation systems. Specifically the stud shall: a) provide an inventory of vegetation and wildlife habitat on and within the vicinity of the proposed development site; b) provide a comprehensive survey of wildlife use of the proposed development and adjacent lands; c) identify the anticipated impacts from the proposed development and its associated activities, including noise, dust and vegetation removal, on the natural heritage features; d) identify lands where forest cover should be preserved or enhanced; e) demonstrate that the development or site alteration applied for will have no adverse effects on the natural heritage features or on their ecological functions; f) identify planning, design and construction practices that will maintain and, where possible, improve or restore the health, diversity and size of the natural heritage feature and its connectivity with other natural heritage features; g) demonstrate how connectivity within and between natural heritage features will be maintained and, where possible, improved or restored before, during and after construction; h) determine whether the dimensions of a minimum vegetation protection zone as specified in Table 4-1 of this Plan are sufficient, and if it is not sufficient, specify the dimensions of the required minimum vegetation protection zone and provide for the 48 Report General Description maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it; i) specify the need for and dimensions of a minimum vegetation protection zone where Table 4-1 of this Plan does not identify the dimensions of a minimum vegetation protection zone and provide for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it; j) in the case of a natural heritage feature that is fish habitat, ensure compliance with the requirements of the Department of Fisheries and Oceans (Canada); and k) in the case of a Life Science ANSI identified in Table 4-1, the basis on which the determination and specification mentioned in subsection i) above is done, shall include without limitation, an analysis of land use, soil type, slope class and vegetation type, using criteria established by the Government of Ontario, as amended from time to time. Earth Science An Earth Science Heritage Evaluation shall: Heritage a) Evaluation identify planning, design and construction practices that will ensure protection of the geological or geomorphological attributes for which the area of natural and scientific interest was identified; and b) determine whether a minimum vegetation protection zone is required, and if so, specifies the dimensions of that zone and provides for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it. Hydrological A Hydrological Evaluation shall: Evaluation a) demonstrate that the development or site alteration will have no adverse effects on the hydrologically sensitive feature or on the related hydrological functions; b) identify planning, design and construction practices that will maintain, and where possible improve or restore, the health, diversity and size of the hydrologically sensitive feature; c) determine whether the minimum vegetation protection zone whose dimensions are specified in Table 4-1 is sufficient, and if it is not sufficient, specify the dimensions of the required minimum vegetation protection zone and provide for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it; and d) in the case of permanent and intermittent streams, and seepage areas and springs as identified in Table 4-1, the basis on which the determination and specification mentioned in subsection c) 49 Report General Description above is done shall include, without limitation, an analysis of land use, soil type and slope class, using criteria established by the Government of Ontario as amended from time to time. Landform A Landform Conservation Plan shall include: Conservation Plan a) one or more maps showing_ • elevation contours in sufficient detail to show the basic topographic character of the site, with an interval of not more than two metres • analysis of the site by slope type (for example, moderate or steep) • significant landform features such as ravines and ridges • all water bodies including intermittent streams and ponds b) a development strategy that identifies appropriate planning, design and construction practices to minimize disruption to landform character, including: • retention of significant landform features in an open, undisturbed form; • road alignment and building placement to minimize grading requirements; • concentration of development on portions of the site that are not significant; • use of innovative building design to minimize grading requirements; and • use of selective grading techniques. TRANSPORTATION Transportation Transportation Demand Management Plans and Implementation Demand Strategies for new development shall identify transportation Management demand, impact, improvements and programs for specific Study development applications and will identify actions and directions to achieve the Durham Region's 15% auto reduction target. Components of Transportation Demand Management Plans and Implementation Strategies may include: a) carpool/vanpool match program; b) paid parking; c) secure bicycle storage facilities; d) on-site shower facilities for employees who bike to work; and e) other measures deemed appropriate by the Municipality. 50 Report General Description Traffic Impact The Traffic Impact Study (TIS) shall provide an assessment of the Study impact of a proposed development on the transportation system and determine infrastructure improvements, service upgrades and mitigation measures required to reduce any adverse impacts of a proposed development. In this assessment the TIS shall address not lust automobile flows, but also have the pedestrian as the first priority and his/her use of other modes of mobility. The study should include an analysis of other modes of transportation such as cycling, walking, and transit and how these modes of transportation will be promoted, accommodated or impacted by the development. This study may also include a parking analysis that may reduce the number of spaces required by the zoning by-law. This reduction could be contemplated when the site is adiacent to transit routes and/or it can be supported by a shared parking analysis of demand times by use. AGRICULTURE Statement of Any proposal for development or site alteration of a non-agricultural Conformity with use within 500 metres of a livestock facility, or the establishment of Minimum a new livestock facility, is required to use Minimum Distance Distance Separation (MDS) formulae to determine a recommended distance Separation between a livestock facility and another land use. MDS will vary Information according to a number of variables including, but not limited to, type of livestock, size of farm operation and type of proposed development. MDS does not account for noise and dust. SERVICING Grading, The purpose of a Grading, Drainage and Stormwater Management Drainage and Report is to evaluate the effects of a proposed development on the Stormwater stormwater and drainage pattern, and to recommend how to Management manage rainwater/snowmelt for the proposed development. Report The report shall: a) identify the quality and quantity impacts of the change in stormwater runoff on existing infrastructure and watercourses due to a proposed development; b) determine improvements to municipal servicing infrastructure required to support the proposed level of development, where applicable ; c) determine mitigation measures to minimize any negative impacts on the drainage system; and d) identify opportunities for enhancement of stormwater management facilities and features in redevelopment sites. The report shall be prepared in accordance with the standards, 51 Report General Description requirements and criteria established by the Province, Municipality and Conservation Authority. Functional The purpose of the Functional Servicing Report is to evaluate the Servicing Report impacts of a proposed development on Regional and Municipal servicing infrastructure and utilities. A functional servicing report is used as a guide to establish the servicing requirements associated with a development. More specifically, the requirements include: • water supply for domestic and fire fighting purposes; • sanitary servicing; • stormwater management; • safe vehicular access to the site; and • utility servicing_ AGGREGATES Aggregate An Aggregate Extraction Area Study shall address the study Extraction Area requirements identified in Section 15.3.9. Study An Aggregate Rehabilitation Plan is required as part of the license process under the jurisdiction of the Ministry of Natural Resources pursuant to the Aggregate Resources Act. CULTURAL HERITAGE Archaeological The purpose of an Archaeological Assessment is to ascertain the Assessment presence or absence of archaeological resources. Any proposal for development or site alteration in proximity to areas with archaeological sites or having archaeological potential (as assessed according to Ministry of Culture criteria) would, if found, identify archaeological resources, evaluate the significance of these resources, and provide strategies to mitigate the impact of development on these resources, such as on-site preservation or systematic removal. The assessment would also include recommendations for conservation measures. Cultural Heritage The Cultural Heritage Resource Impact Assessment is intended to Resource Impact provide relevant information on the nature and significance of a Assessment heritage property and develops the policy framework in which the heritage property can be conserved. Any proposal for the development of a heritage property designated under the Ontario Heritage Act or of a property abutting a designated heritage property would need to identify and evaluate the_impact of development or site alteration on the built heritage resource and recommend appropriate impact mitigation measures and conservation strategies, based on conservation and urban design principles, and provide a statement of cultural significance. 52 Report General Description URBAN DESIGN Park Concept Any draft plan of subdivision where parkland is being dedicated to Plan the Municipality shall include a Park Concept showing the program indicated by the Municipality can be accommodated within the area of the parkland being proposed within the draft plan. Urban Design The purpose of an Urban Design Report is to evaluate the proposal Report to ensure that the development blends with the neighbourhood or advances the emerging character of a new or redeveloping neighbourhood. The Urban Design Report may be required for any development or site alteration and would be a combination of text, plans, illustrative sketch diagrams and photos. The report would describe the vision or design intent, physical form, layout and design of the proposed development. The Urban Design Report will also illustrate the building massing, and articulation to establish the relationship between the building and the street, pedestrian and transit linkages, landscape and outdoor amenity areas, and lighting_ The Report will also demonstrate how the impacts on adjacent sites are mitigated,including protecting significant views and vistas, limiting shadow 'impacts on existing sunlight sensitive uses and maintaining the privacy of those properties. It may also involve an appropriate conceptualization of the future development of lands in the vicinity of the subject site, as well as show existing conditions and/or other concurrent proposals in the broader surrounding area. Lighting/Photome The purpose of a Lighting/Photometric Plan is to provide an analysis tric Plan of the anticipated lighting levels on a proposed development site and potential effects on nearby properties, features and the night sky. Such a Plan is to be premised upon providing sufficient lighting for site access and safety purposes which also minimizes energy consumption, light pollution and visual impacts. Any development or site alteration where proposed lighting may affect adjacent or nearby land uses or environmental conditions, perhaps due to variations in topography or visibility, would be required to submit a Lighting/Photometric Plan. This Plan is to demonstrate how the development has been designed to conserve energy, prevent adverse and off-site impacts for nearby properties sensitive land uses and infrastructure such as residential areas green spaces, railways and roadways and avoid negative effects on the night sky. i "Exhibit."A",Amendment No.77 To The Municipallity of Clarington Official Plan", Map A3, Land Use, Bowmanville Urban Area. I ® � t �z5 zs rsa O M / H M OM 0 O O O0NIC65140111 ROAD a io IS / G 2 1 M 024 THE REGION OF DURHAM 1 � M N M 0 O0 / 00 io 0 I p o mM ou SPECIAL PO CY - NI MtiE AREAL CP R O� ■ CONCESSION STREET 0 NR 0 M � IO M O 0 0 '• S 1 ® 0 O M ,SPECIAL: �PODCY� ONAREAE R M i M M li 0 N 1 w ® NP 0 BASELINE ROAD O 0 I OP HIGHWAY MI 1 I I aP I I , I I / Change from"Prestige Employment Area" to"Community Park" MORO °R AGO SPECIAL ' ' 1 POLICY c-0 AREA C s :;$ v moo. PRESTIGE TOURISM NODE EMPLOYMENT AREA QA eb LIGHT PUBLIC INDUSTRIAL AREA SECONDARYSCHOOL -_ URBAN BOUNDARY INDUSTRIAL AREA SECONDARY SCHOOL FUTURE® URBAN RESIDENTIAL BUSINESS PARK SECONDARY SCHOOL LAKE ONTARIO URBAN RESIDENTIAL UTILITY PUBLIC t ELEMENTARY SCHOOL O DENSITY ENVIRONMENTAL T O RESIDENTIAL PROTECTION AREA ELEMENTARY SCHOOL MAP A3 OH HIGH IDENTIA DENSITY - GREEN SPACE d ELEMENTARY R S SCHOOL LAND USE ® TOWN CENTRE WATERFRONT _SECONDARY BOWMANVILLE URBAN AREA GREENWAY PLANNING AREA NEIGHBOURHOOD COMMUNITY PARK .........SPECIAL POLICY AREA OFFICIAL PLAN CENTRE MUNICIPALITY OFCLARINGTON HIGHWAY COMMERCIAL @ DISTRICT PARK ...........SPECIAL STUDY AREA January 2,2007. THIS CONSOLIDATION is PROVIOEDFOR CONVENIENDEDNLY AGGREGATE NEIGHBOURHOOD ®S0 GO STATION s REQUESTED Ma ONS MO APPROVU EXTRACTION AREA PARK r r IF ONS;111; T � Comments Summary Table Contact Date of befalls of Submission Staff Comments. Recommendation, , Submission No. Submission Glenn Weigel 9-Dec-09 Requested clarification as to why Maple Grove was not Staff clarified that Maple Grove was included in the Official Plan as No Action Required. W15 included as an Urban Area in the Official Plan and that the Hamlet Residential and that no Urban Boundary expansions in this Urban Area should be extended along Highway 2 to Holt general area are contemplated or permitted as per Greenbelt Act. Road.Question the Greenspace between Bowmanville and Courtice north of Highway 2. Bert Weigel 9-Dec-09 Questioned the Greenspace between Bowmanville and Staff clarified no Urban Boundary expansions in this general area are No Action Required. W16 Courtice north of Highway 2.Understands the need to contemplated or permitted as per the Greenbelt Act. protect the Moraine,but the area along Highway 2 between Courtice and Bowmanville and up to their northern urban boundaries should be open for development. Rolad Weigel 9-Dec-09 Requested clarification as to why Maple Grove was not Staff clarified that Maple Grove was included in the Official Plan as Sidewalk concern forwarded W17 included as an Urban Area in the Official Plan. Requested Hamlet Residential and that no Urban Boundary expansions in this to Director's of Operations the Urban Boundary of Maple Grove be expanded to general area are contemplated or permitted as per Greenbelt Act. and Engineering Services include the lands west to Holt Road,South to Bloor Street and north to Nash Road.Concerned with the lack of sidewalk for the kids to walk along to get to school and to pick up their mail. Luigi Mastroianni 9-Dec-09 Requested moving the Durham Region Police Station to the Staff advised Mr.Mastroianni to contact the Region of Durham No Action Required. W18 empty RONA store which has excellent location,access to Planning Department to discuss the location of the proposed Police major roads,site is serviced and substantial parking instead Station. of the Maple Grove Site? Victor Suppan multiple Request stronger policies on protecting our cultural and There have been numerous submissions from the CHC,both prior to Minor language changes have Representing: built heritage,need for Cultural Heritage Impact and since the proposed amendment. The proposed cultural heritage been made. Clarington Heritage Assessments,Mission statements,demoliton of heritage policies are in keeping with many of the CHC's recommendations. Committee resources,role of committee and the Municipal register. W13;W32 Alan Kirby 9-Dec-09 Request to be contacted to discuss wording as hertiage Mr.Kirby was added to the interested parties list so he would be No Action Required. W19 guidelines in the Official Plan for Newcastle. made aware of any proposed Official Plan policy amendments. South Courtice Land 28-Jan-10 Request redesignation of approx.10.5 ha of land east of In the draft amendment,as presented at GPA on Sept.13,2010,the Requested redesignation has Development Inc. Townline Rd.and north of CP railway line,in South Courtice redesignation of lands from"Future Urban Residential"to"Urban been transfered to Growth Represented by: from Future Urban Residential to Urban Residential Residential"was proposed. Management component of David Phalp the OP Review. IBI Group The proposed Amendment 77 as presented by Staff Report PSD-009- W23 12 no longer includes this proposed redesignation. O D Cn () 0 =7 CD O N fV 0 Comments Summary Table Contact Date of Details of Submission Staff Comments Recommendation Submission No. Submission " Nihal and Lachhman 7-Dec-09 Request to redesignate a parcel of land south of Rosswell In the draft amendment,as presented at GPA on Sept_13,2010,the.. Requested redesignation has Represented by: Park,Courtice from Future Urban Residential to Urban redesignation of lands from"Future Urban Residential"to"Urban been transfered to Growth R.M.Larocque Residential Residential"was proposed. Management component of D.G.Biddle&Assoc. the OP Review. W31 The proposed Amendment 77 as presented by Staff Report PSD-009- 12 no longer includes this proposed redesignation. Mark A.Foley 23-Jun-10 2141 Trulls Road. Request Future Urban Residential In the draft amendment,as presented at GPA on Sept.13,2010,the Requested redesignation has The Foley Group designation be amended to Urban Residential. redesignation of lands from"Future Urban Residential"to"Urban been transfered to Growth W33 Residential"was proposed. Management component of the OP Review. The proposed Amendment 77 as presented by Staff Report PSD-009- 12 no longer includes this proposed redesignation. Sheila Wynberg 27-Jul-10 Has an interst in a property on the east side of in the draft amendment,as presented at GPA on Sept.13,2010,the Requested redesignation has W34 Bowmanville,north of Highway 2 and west of Lambs Road redesignation of lands from"Future Urban Residential"to"Urban been transfered to Growth that is presently designated"Future Urban Residential" Residential"was proposed_ Management component of the OP Review. The proposed Amendment 77 as presented by Staff Report PSD-009- 12 no longer includes this proposed redesignation. Abe's Auto Recycling multiple 2531 Concession Road 3,Darlington. Amendment 77 introduces policies that will essentially prevent the No Action Recommended. Represented by: Renumbered Policies 11.7.2;11.8.2;11.8.3;11.8.4;11.8.5; relocation of the existing business to an alternate location within Ronald St.C.Armstrong 11.9.2(a)will in esssence prevent the relocation of the Clarington.This business is an existing legal non conforming use. The Armstrong Harrison existing auto recycling business currently operating in existing land use status rights cannot transfer to another parcel. Any Associates Clarington from relocating within Clarington's borders. notwithstanding clause should be considered in the context of a site W35:W64;W70;W73 Would like policies added'notwithstanding the desireability specific amendment application by the proponent to a specific of the proposed amendments in general;would allow the property. relocation of this specific business establishment' John La Chapelle 9-Dec-09 Suggest certain policies related to the provision of Amendments to Chapter 21 policies regarding utilities will be Refinements made to policy Bell Canada 13-Sept-10 telecommunication services in new and existing areas,to considered. regarding placement of W20;W39 proposed Urban Design polices in Amendment No.77 and utilities. to the definition section in the OP. Remaining comments will be addressed during further components of the OP Review. Comments Summary Table Contact =Date of Details of Submission Staff Comments.,:,,, Recommendation Submission No. Submission Libby Racansky 13-Sept-10 Question methodology used to determine built boundary, Staff spoke to Ms.Racansky regarding the delineation of the Built No Action Required. W40 (public greenfield areas and Provincially Significant wetlands with Boundary. meeting specific reference to the Hancock Neighbourhood Design Presentation) Plan Area and Special Study Areas 5 and 6(North Courtice) in the Clarington Official Plan. Smooth Run 10 Sept-10 As solicitors of Smooth Run Developments and Brookfield In the draft amendment,as presented at GPA on Sept.13,2010,the Requested redesignation has Developments and Homes,requesting that the intent of Amendment no.77 to redesignation of lands from"Future Urban Residential"to"Urban been transfered to Growth Brookfield Homes require Secondary Plans not apply to the North Village Residential"was proposed.The development of the lands would Management component of Represented.by: Planning Unit in Newcastle.Request a revision to revised follow the Secondary Plan process. the OP Review.The suggested Roslyn Houser policy 5.3.5 to exlcude proposed developments outside policy refinement will be Goodmans LLP neighbourhoods identified on Map H and any other areas The proposed Amendment 77 as presented by Staff Report PSD-009- considered. Barristers&Solicitors Council deem appropriate,from the preparation of 12 no longer includes Secondary Plan Policies nor the the proposed W41 Secondary Plans. redesignation. Greg Milosh 13 Sept-10 Property owners in Brookhill,would like to see the removal In the draft amendment,as presented at GPA on Sept.13,2010,the Requested redesignation has W42 of Future Urban Residential Designation. He redesignation of lands from"Future Urban Residential"to"Urban been transfered to Growth complemented Planning on Amendment 77 and supports Residential"was proposed. Management component of adoption and'implementation. the OP Review. The proposed Amendment 77 as presented by Staff Report PSD-009- 12 no longer includes this proposed redesignation. Bob Craig Apr-10 Property fronting onto Prestonvale south of Bloor Street_ In the draft amendment,as presented at GPA on Sept.13,2010,the Requested redesignation has Royal LePage-Frank Requesting removal of Future Urban Residential redesignation of lands from"Future Urban Residential"to"Urban been transfered to Growth Real Estate designation. Residential"was proposed. Management component of V12 the OP Review. The proposed Amendment 77 as presented by Staff Report PSD-009- 12 no longer includes this proposed redesignation. Marion Weber 29-Oct-10 Subject Property:1831 Highway 2,Courtice. Landowner is Submission has been transferred to the overall Official Plan review Staff will reevaluate W45 concerned with the Urban Boundary in Courtice and why it for consideration during the Growth Plan Conformity excersise. submission following the final was not expanded to include the Residential and decision on ROPA 128. Employment lands across to the proposed 407 link. Richard Szarek 3-Sep-10 Urban boundary changes recommended to be consistant Changes associated with ROPA 128 are withheld;some minor Some policy changes have been Region of Durham with ROPA 128;Map A4,Urban boundary missing;include wording and mapping changes are requested; made. Other W44 the 407 link on Map;Some minor wording changes. recommendations will be Growth management policies not reviewed. transferred to further components of the OP Review. Comments Summary Table Contact Date of Details of Submission Staff Comments Recommendation Submission No. Submission Chris Darling 4-Aug-10 The comments suggest minor revisions to subsection 4.4.35 Submission has been transferred to the overall Official Plan review Requested language changes Central Lake Ontario to include the term'hydrologically sensitive features';to for consideration during Greenbelt Conformity. will be addressed during the Conservation include a reference to the protection of natural features Greenbelt conformity Authority and functions within subsection 5.4.4 Sustainability;and component of the OP Review. W43 that subsection 23.3.4 include a reference to the identification of linkages or connections among key natural heritage features. Jane Eccles 24-Jun-08 The entrance to Bowmanville from the 401 could be This submission was received prior to the preparation of Amendment Many of the requested W7 heightened in its visuals_ The Visual Arts Centre should be 77,and many of the issues have been addressed. improvements to policy acknowledged as holding the cultural edge for a growing including a focus on culture, and expanding community. It becomes key as being part of gateway features etc.have a package that promotes diversity of experience for those been included in the proposed moving to the area_ And so I am proposing to your amendment. community planners to hold this as a first step to help support and further improve things---support initiatives that are well underway. A public patronage system could be encouraged by incentives. Perhaps the planners could consult with cultural leaders around expansion of this area of interest.Public Art,Cultural facilities,gateways. Norman Breitner Sept 27-10 Request to amend maps A2,A3 and A4 by removing certain The requested changes are not specifically related to the proposed Requested Changes will be Kawartha Pine Ridge school designations,based on School Board's recent amendment. made during further phases of District School Board reviews of development applications. the Official Plan review. W48 Leo Palozzi 15-Nov-10 No objections expressed however many questions were Comments have been taken into consideration. Comments have been TDL Group asked for clarification of the Urban design policies considered in the preparation W51 comments regarding the possibility of a peer review, of the proposed amendment. Record of Preconsultation,and appendix A studies. John Stephenson 15-Nov-10 Need to be more Energy Efficient,low resource use,focus Not all of the issues raised are the focus of this amendment,the rural Some action taken,other W50 on alternative forms of travel such as bicycles,minor and growth management issues will be transferred to that portion of comments will be transferred wording changes,noted some omissions in Table of the OP Review. to further components of the Contents,Gateway features-considered to be luxurious OP Review. and wasteful,need to include employment lands within Residential areas,Concerned that Planning Act and PPS are out of date,Rural issues,need mixed use policies, Sustainability needs to defined. Comments Summary Table Contact ; submission No. Date of Submission Details of Submission Staff Comments Recommendation John Koke 17-Dec-10 Concerned with policy 5.35.not clearly articulating that In'the draft amendment,as presented at GPA on Sept_13,2010,the This comment will be taken Representing:BILD those lands that are part of an existing Neighbourhood Plan redesignation of lands from"Future Urban Residential'to"Urban into consideration through the W53 do not have to prepare Secondary Plans. Residential'was proposed.The development ofthe lands would Growth Management follow the Secondary Plan process. component ofthe OP Review. The proposed Amendment 77 as presented by Staff Report PSD-009- 12 no longer includes Secondary Plan Policies nor the the proposed redesignation. Steven Holliday 8-Nov-10 816 Regional Road 17.Request re-designation from"Future In the draft amendment,as presented at GPA on Sept.13,2010,the These comments will be taken Represented by: Urban Residential'to"Urban Residential'. redesignation of lands from"Future Urban Residential'to"Urban into consideration through the Maureen Harrison Residential'was proposed. Growth Management Re/Max First Real component of the OP Review. Estate The proposed Amendment 77 as presented by Staff Report PSD-009- W47 12 no longer includes this proposed redesignation. Attachment 3 to Report PSD-009-012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2012- being a By-law to adopt Amendment No. 77 to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, amended, authorizes the Municipality of Clarington to pass By-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to incorporate the requirements and permissions afforded to the Municipality of Clarington as a result of Bill 51, the Planning Conservation Land Statute Law Amendment Act, 2006, revisions to the Ontario Heritage Act, 2005 and the Provincial Policy Statement, 2005; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No: 77 to the Clarington Official.Plan being the attached Explanatory Text and Maps are hereby adopted; and 2. This By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of 2012 BY-LAW read a second time this day of 2012 BY-LAW read a third time and finally passed this day of 2012 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk.