HomeMy WebLinkAboutPSD-021-13 C r, 19
larftwn REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 18, 2013 Resolution#: -1 -1 By-law#: c r --
as-116- 1 ,3
Report#: PSD-021-13 File#: S-C-2012-0004 & COPA 2012-0007
Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND
FOR A PROPOSED DRAFT PLAN OF SUBDIVISION
TO CREATE 42 SINGLE DETACHED DWELLING LOTS
APPLICANT: WEST DIAMOND PROPERTIES INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-021-13 be received;
2. THAT Amendment No. 92 to the Clarington Official Plan submitted by West Diamond
Properties Inc. to delete the Public Elementary School symbol from the subject lands and
to adjust housing and population targets, as contained in Attachment 3 be adopted and
the By-law adopting the Official Plan Amendment contained in Attachment 4 be passed;
3. THAT the application for the proposed Draft Plan of Subdivision, submitted by West
Diamond Properties Inc. to permit the development of up to 42 residential units be
supported, subject to the conditions contained in Attachment 5 to Report PSD-021-13;
4. THAT the By-law authorizing the entering into a Subdivision Agreement between the
Owner of Draft Plan of Subdivision S-C-2012-0004 and the Municipality of Clarington be
approved as contained in Attachment 6 to Report PSD-021-13;
5. THAT the Durham Regional Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-021-13 and Council's decision; and
6. THAT all interested parties listed in Report PSD-021-13 and any delegations be advised
of Council's decision.
A
Submitted by: Reviewed by�: -� � �-�I�.
David come, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
ATS/CP/df
5 March 2013
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-021-13 PAGE 2
1. APPLICATION DETAILS
1.1 Owner/Applicant: West Diamond Properties Inc.
1.2 Proposal: A proposed Clarington Official Plan Amendment to:
• Delete the Public Elementary School from the subject lands;
and
• Adjust housing and population targets for the Darlington Green
neighbourhood to permit the proposed subdivision.
A proposed Draft Plan of Subdivision to:
• create 42 single detached dwelling lots each having a minimum
lot frontage of 12.0 metres.
1.3 Area: 2.62 hectares
1.4 Location: West side of Green Road, south of McBride Avenue and described
as Block 145, Plan 40M-2378, in Part Lot 17, Concession 1, former
Township of Darlington (Attachment 1).
2. BACKGROUND
2.1 The subject lands were part of a larger plan of subdivision (18T-90051) that was draft
approved in August 2007. Construction began in 2008 following the registration of the lots
south of McBride Avenue (Plan 40M-2378).
2.2 At the time of draft approval, the Kawartha Pine Ridge District School Board (KPRDSB)
requested a public elementary school site within the limits of the original draft plan of
subdivision. The lands were appropriately designated by the Official Plan for a public
elementary school site, and a school block was registered as Block 145, Plan 40M-2378.
2.3 As a condition of approval, the developer and KPRDSB were required to enter into an
agreement with respect to the purchase of the lands for a public elementary school. The
agreement was entered into on October 9, 2009 and was to expire March 1, 2013. The
agreement permits KPRDSB to terminate the agreement at any time by giving notice in
writing. Written notice was given by KPRDSB on September 27, 2012 to terminate the
agreement.
2.4 It is not uncommon for a local school board to give up their commitment to purchase land
for school sites. The sites are set aside at the time of draft approval, and many times the
school board cannot fully determine schooling requirements until the neighbourhood is
built out and other area schools are assessed for capacity. Provincial funding plays a
large factor in school construction.
2.5 During the review of the original draft plan of subdivision, the applicant demonstrated how
the school block could be logically developed with roads and lots should the school not
proceed since in almost all cases school blocks that are no longer pursued are used for
residential development.
REPORT NO.: PSD-021-13 PAGE 3
2.6 Following receipt of the letter terminating the agreement from KPRDSB, the owner of the
lands submitted an application to amend the Clarington Official Plan to delete the public
elementary school symbol from the site and to adjust population and housing targets. The
proposed draft plan of subdivision lays out 42 single detached dwelling lots each having a
minimum lot frontage of 12.0 metres (see Attachment 2).
2.7 As part of the complete application the following studies have been submitted:
• Planning Justification Letter Report;
• Conceptual Servicing Report;
• Noise Feasibility Study;
• Environmental Sustainability Brief; and
• Phase 1 Environmental Site Assessment.
These are reviewed in detail in Section 7 of this report.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject lands are currently undeveloped. A considerable amount of topsoil is
stockpiled on the site and site construction trailers are located on the lands along
Buttonshaw Street.
3.2 The surrounding uses are as follows:
North - Single detached dwellings along the south side of McBride Avenue; link
dwellings and medium density townhouse/apartment units north of
McBride Avenue
South - Single detached residential dwellings
East - Single detached residential dwellings, street townhouse dwellings,
municipal park
West - Single detached residential dwellings, future municipal park
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COPA 2012-0007 and S-C 2012-0004
REPORT NO.: PSD-021-13 PAGE 4
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement (PPS)
Settlement areas shall be the focus of growth. Land use patterns shall be based on
densities and a mix of land uses which efficiently use land, resources and infrastructure
and other public services. A full range of housing types and densities are to be provided
to meet the projected requirements of current and future residents of the regional market
area.
The PPS encourages a compact built form which supports the development of
transportation systems that minimize the length and number of vehicle trips and also
supports the development of viable choices and plans for public transit. Compact built
form minimizes negative impact to air quality and climate change and promotes energy
efficiency.
The applications are consistent with the Provincial Policy Statement.
4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan)
The Growth Plan requires municipalities to manage growth, and encourages the creation
of complete communities that offer a mix of land uses, employment and housing options,
high quality open space, and access to stores and services.
The subject lands are within the Greenfield area, and outside of the built-up area. In
Greenfield areas, growth is to make efficient use of services and infrastructure and be
compact and transit-supportive. Reducing dependence on the automobile through the
development of mixed use, pedestrian-friendly environments contributes to achieving
complete communities.
The Growth Plan requires municipalities to achieve a minimum density target that is not
less than 50 residents or jobs per hectare in the designated Greenfield area and is
measured across the Region of Durham.
The applications would satisfy the objectives of the Growth Plan (See Section 11.3 of this
report for discussion on population and density).
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject lands Living Area. Lands
designated as Living Area permit the development of communities with defined
boundaries, incorporating the widest possible variety of housing types, sizes and tenure.
Green Road is identified as a Type `B' Arterial Road.
REPORT NO.: PSD-021-13 PAGE 5
Development applications in designated Living Areas, shall have regard for the intent of
this plan to achieve the following:
• A compact urban form;
• The use of good urban design principles;
• The provision of convenient pedestrian access to public transit, educational facilities
and parks;
• A grid pattern of roads;
• The provision and distribution of parks, trails and pathways and educational
facilities;
• The types and capacities of the existing municipal services and infrastructure; and
• The balance between energy efficiency and cost.
Regional Official Plan Amendment #128 (ROPA 128) assigns population and housing
targets across the Region of Durham. Greenfield areas are required to achieve an overall
gross density of 50 residents and jobs combined per hectare measured across the
Region of Durham. (See Section 11.3 of this report for discussion on population and
density).
The applications conform to the Durham Regional Official Plan.
5.2 Clarington Official Plan
In the Clarington Official Plan the subject lands are designated as Urban Residential with
a Public Elementary School. The lands are within the Darlington Green Neighbourhood,
which has a population allocation of 3200 and a housing unit target of 1300.
Green Road is a Type `B' Arterial Road.
The Official Plan contains policies specific to schools and gives direction on appropriate
sizes and location.
Clarington Official Plan Amendment 77 (OPA 77) contains policies on considering and
improving the public realm of developments, including streets and boulevards. Window
streets should be limited. The built form within new development should respect and
reinforce the physical character of the established neighbourhood.
OPA 77 encourages sustainable design by promoting energy efficiency and conservation,
higher densities, efficient use of infrastructure, integration of transit and green
development standards.
Proposed Official Plan Amendment No. 92 is appropriate at this time, and otherwise
conforms to the overall principles and goals of the Clarington Official Plan.
6. ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands "Holding — Urban Residential Type Two ((H)
R2) Zone". The proposed 12.0 metre lots would satisfy the R2 zone requirements.
REPORT NO.: PSD-021-13 PAGE 6
7. SUMMARY OF BACKGROUND STUDIES
7.1 Planning Justification Letter Renort
The report prepared by GHD finds that the applications are consistent with the PPS and
Growth Plan, and conforms to the Regional Official Plan and Clarington Official Plan. As
the school site is no longer required, the proposed development would represent good
planning. The site is supported by an existing transportation network, provides an
appropriate mix of housing, and will make appropriate use of existing infrastructure and
services. The proposed Official Plan amendment proposes to increase the housing target
by 50 low density units to accommodate the additional residential growth in the
neighbourhood.
7.2 Conceptual Servicing Report
The report prepared by D.G. Biddle &Associates Limited confirms that water services will
be extended from Buttonshaw Street and looped along Street `A'. Sanitary sewers will be
constructed along Street `A' and will drain east to the existing sanitary sewer along Green
Road. The report also confirms that existing services are sized appropriately to
accommodate the subject development.
Stormwater for the site is split. The west half of the site drains towards Buttonshaw Street
and ultimately to the Baseline Road Stormwater Management Pond. The east half of the
site drains to Green Road and ultimately to the Aspen Springs Stormwater Management
Pond.
The report also contains recommendations on sediment and erosion controls.
7.3 Noise Feasibility Study
The study prepared by HGC Engineering assessed noise impacts from Green Road and
the CP railway. The study followed the Ministry of Environment guidelines and
recommended noise mitigation measures, such as: providing forced air heating to
accommodate air conditioning units and the installation of noise fencing. Warning
clauses have also been recommended and, through the subdivision agreement, will be
required to be added to future purchase and sale agreements to inform future residents of
the traffic noise impacts and to address sound level excesses.
7.4 Environmental Sustainability Brief
The applicant prepared and submitted a brief to demonstrate the means in which the new
residential development will be energy efficient and will reduce impact on the natural
environment. The subdivision will make use of existing services and infrastructure and
has good access to transit, schools, shopping and services. House designs will comply
with the new building code requirements and will have fully insulated basements. Energy
efficient materials and appliances will be utilized. Construction practices will include using
local suppliers and trades and ensuring materials are recycled where possible.
REPORT NO.: PSD-021-13 PAGE 7
7.5 Phase 1 Environmental Site Assessment
A Phase I Environmental Site Assessment prepared by Geo-Logic Inc. did not find signs
of contamination and concludes that the site is suitable for the proposed development. No
further investigation is warranted. The Region of Durham has requested that a Reliance
Letter and Certificate of Insurance be submitted prior to draft approval.
8. PUBLIC SUBMISSIONS
8.1 Two (2) individuals contacted Planning staff regarding the applications. One resident
submitted an objection to the applications, requesting that the amendments not be
approved, and that the school proceed. Another resident had questions regarding the
details of the development and concerns that his property was marketed as being next to
a future school site with access to the GO train.
9. AGENCY COMMENTS
9.1 Regional Planning has no objection to the applications. The Region finds that the
applications are consistent with the PPS and that the subdivision be reviewed for
compliance to the goals of the Regional Official Plan with respect to densities and land
use. The applications pose no concerns to Durham Region Transit.
The Region will require the subdivision agreement to implement the findings of the Noise
Feasibility Study, and requires a Reliance Letter and Certificate of Insurance be
submitted from Geo-logic Inc prior to draft approval.
The Region also highlights the current servicing limitations at the Port Darlington Water
Pollution Control Plant. Upgrades are expected to be complete in the Spring of 2015.
Municipal water and sanitary sewers are available and can be extended to service the
site. Development of the lands will be delayed until such time the plant expansion has
been completed.
9.2 Central Lake Ontario Conservation Authority (CLOCA) has no objections to the
applications. Existing service connections and stormwater management facilities appear
adequate to accommodate the change. Further review will take place during the detailed
design stage following approval of the draft plan of subdivision. CLOCA has provided
suitable conditions of draft approval.
9.3 Kawartha Pine Ridge District School Board has no objection to the applications.
9.4 Enbridge, Rogers and Hydro One have no objection to the applications.
REPORT NO.: PSD-021-13 PAGE 8
10. DEPARTMENTAL COMMENTS
10.1 Emergency and Fire Services
No fire safety concerns were identified.
10.2 Engineerinq Services
Engineering Services Department has provided the following comments:
• Grading - A conceptual grading plan has been submitted which complies with the
Master Grading Plan for the Darlington Green subdivision.
• Drainage and Stormwater Management - The applicant has submitted a
Conceptual Servicing Report which complies with the intent of the Master
Grading Plan in terms of existing perimeter grades and is in compliance with the
Westside Creek Master Drainage Plan. The Engineering Services Department
has minor comments with respect to the storm sewer system which can be
addressed during the detailed design stage.
• On-Street Parking - The applicant has submitted an on-street parking plan which
confirms that in addition to two outdoor parking spaces per lot, there is sufficient
on-street parking for this particular development.
• Street Construction - The applicant will be responsible for any improvements to
Buttonshaw Street that are deemed necessary to accommodate the proposed
residential development.
• Green Road — The site should be serviced without impacting the travelled portion
of Green Road.
• Phasing —The subdivision shall be constructed in a single phase.
• Sidewalks —A pedestrian connection is to be provided from the sidewalk on the
east side of Buttonshaw Street to the park on the west side of Green Road.
10.3 Operations
The Operations Department requests that the portion of Street A adjacent to Green
Road should have an 18 m right-of-way.
11. DISCUSSION
11.1 School Boards request that lands be set aside for future schools in the Official Plan and
in draft plans of subdivision. From time to time they are not constructed for a variety of
reasons. The decision-making process lies with the local school board, in this case the
Kawartha Pine Ridge District School Board. Students from this neighbourhood attend
nearby Holy Family Catholic Elementary School or Dr. Ross Tilley Public School on West
Side Drive. Students may also be bussed to French Immersion programs at other schools
in Bowmanville.
REPORT NO.: PSD-021-13 PAGE 9
11.2 Public concerns and comments on the applications may be focussed on the desire to
have the school proceed, unfortunately the decision to terminate the option agreement to
purchase the lands was made by KPRDSB on September 27, 2012. The Municipality of
Clarington is not party to the decision-making process for the construction of schools.
11.3 The proposed 12.0 metres lots will provide housing types and styles that will be
consistent with the character of the neighbourhood. The 42 new single detached lots
proposed on 2.62 hectares results in a density of 48 persons per hectare, however, the
surrounding plan achieves a density of approximately 64 persons per hectare as a result
of the 201 townhouse and apartment development underway at the northwest corner of
Green Road and McBride Avenue. The applications are generally in keeping with the
Provincial and Regional target of 50 persons per hectare measured across the Greenfield
area. The proposed applications also comply with the zoning of the lands.
11.4 As a result of the termination of the option agreement, the owner has made application to
develop the site for residential purposes. The size and type of units will be compatible
with adjacent development. Proceeding with residential development on the subject lands
is the logical alternative. The technical and supporting details of the submitted studies are
acceptable to staff and agencies.
11.5 Conditions of draft approval have been prepared including standard conditions of
approval that would have to be fulfilled as the subdivision application moves through the
final stages. The owner of the lands will be required to enter into a subdivision agreement
with the Municipality of Clarington. The applicant has provided their concurrence on the
proposed conditions of draft approval.
11.6 All taxes payable to the Municipality of Clarington have been paid in full.
12. CONCURRENCE — Not Applicable
13. CONCLUSION
13.1 In consideration of the findings of all supporting studies, comments received from
circulated agencies and area residents, and based on review of the proposal, staff
recommends that the proposed Clarington Official Plan Amendment No. 92 (Attachment
3) and Draft Plan of Subdivision (Attachment 2) be approved.
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
Promoting green initiatives
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
REPORT NO.: PSD-021-13 PAGE 10
Staff Contact: Anne Taylor Scott, Planner II
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Draft Plan of Subdivision
Attachment 3 - Proposed Official Plan Amendment 92
Attachment 4 - Clarington Official Plan Amendment Adopting By-law
Attachment 5 - Proposed Conditions of Draft Approval
Attachment 6 - By-law Authorizing Subdivision Agreement
List of interested parties to be advised of Council's decision:
Kelvin Whalen, West Diamond Properties Inc.
Patrick Cruikshank
Yeatbark Aschagria
Attachment 1
To Report PSD-021-13
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Attachment 2
To Report PSD-021-13
PROPOSED
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DRAFT PLAN
OF SUBDIVISION OF
PART OF LOT 17,
CONCESSION 1
MUNICIPALITY OF CLARINGTON
REGIONAL MUNICIPALITY OF DURHAM
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Attachment 3
To Report PSD-021-13
AMENDMENT NO. 92
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this amendment to the Municipality of Clarington Official
Plan is to remove the Public Elementary School Symbol west of Green
Road, south of McBride Avenue, east of Buttonshaw Street, and north of
Remington Street on Map A3 Land Use Bowmanville Urban Area and to
increase the population and low density housing targets for the N12
Darlington Green neighbourhood in the Municipality of Clarington Official
Plan.
LOCATION: The subject lands are located west of Green Road, south of McBride
Avenue, east of Buttonshaw Street, and north of Remington Street, in
Bowmanville, within Part of Lot 17, Concession 1, in the Municipality of
Clarington.
BASIS: This amendment is based upon an Official Plan Amendment Application
filed by West Diamond Properties Inc. for the future development of 42
single detached dwelling units (S-C-2012-0004) on a site no longer
required by the local school board.
ACTUAL
AMENDMENT: The Municipality of Clarington Official Plan is hereby amended as follows:
i) By Amending Map A3 "Land Use Bowmanville Urban Area" as
shown on Exhibit "A" to delete the Public Elementary School
Symbol from the subject lands.
ii) By Amending Table 9-2 "Housing Targets by Neighbourhood" as it
applies to the Bowmanville Neighbourhood "N12 Darlington
Green"to reflect the following:
a) Low Density Units from 675 to 725;
b) Total Units from 1300 to 1350; and
C) Amending all corresponding totals.
iii) By amending Map H2 "Neighbourhood Planning Units —
Bowmanville Urban Area" by changing the population of the
Darlington Green Neighbourhood (12) from "3200" to "3350" as
illustrated in Exhibit "B".
IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official
Plan, as amended; regarding the implementation of the Plan shall
apply in regard to this Amendment.
INTERPRETATION: The provisions set forth in the Municipality of Clarington Official
Plan, as amended; regarding the interpretation of the Plan shall
apply in regard to this amendment.
"Exhibit.LA", Amendment No.92 To The Municipality of Clarington Official Plan",
Map A3 Bowmanville Land Use Bowmanville Urban Area.
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"Exhibit."B", Amendment No.92 To The Municipality of Clarington Official Plan",
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OFFICIAL PLAN
MUNICIPALITY OF CLARINGTON
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Attachment 4
To Report PSD-021-13
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2013-
being a By-law to adopt Amendment No. 92 to the Clarington Official Plan
WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes
the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans
and Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend the Clarington Official Plan to allow for the development of 42
single detached dwelling units in Bowmanville (COPA 2012-0007);
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1, That Amendment No. 92'to the Clarington Official Plan being the attached
Explanatory Text is hereby adopted.
2. This By-law shall come into force and take effect on the date of the passing
hereof.
BY-LAW passed in open session this day of 2013.
Adrian Foster, Mayor
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Patti L. Barrie, Municipal Clerk
I
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AMENDMENT NO. 92
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this amendment to the Municipality of Clarington Official
Plan is to remove the Public Elementary School Symbol west of Green
Road, south of McBride Avenue, east of Buttonshaw Street, and north of
Remington Street on Map A3 Land Use Bowmanville Urban Area and to
increase the population and low density housing targets for the N12
Darlington Green neighbourhood in the Municipality of Clarington Official
Plan.
LOCATION: The subject lands are located west of Green Road, south of McBride
Avenue, east of Buttonshaw Street, and north of Remington Street, in
Bowmanville, within Part of Lot 17, Concession 1, in the Municipality of
Clarington.
BASIS: This amendment is based upon an Official Plan Amendment Application
filed by West Diamond Properties Inc. for the future development of 42
single detached dwelling units (S-C-2012-0004) on a site no longer
required by the local school board.
ACTUAL
AMENDMENT: The Municipality of Clarington Official Plan is hereby amended as follows:
i) By Amending Map A3 "Land Use Bowmanville Urban Area" as
shown on Exhibit "A" to delete the Public Elementary School
Symbol from the subject lands.
ii) By Amending Table 9-2 "Housing Targets by Neighbourhood" as it
applies to the Bowmanville Neighbourhood "N12 Darlington
Green" to reflect the following:
a) Low Density Units from 675 to 725;
b) Total Units from 1300 to 1350; and
C) Amending all corresponding totals.
iii) By amending Map H2 "Neighbourhood Planning Units —
Bowmanville Urban Area" by changing the population of the
Darlington Green Neighbourhood (12) from "3200" to "3350" as
illustrated in Exhibit "B".
IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official
Plan, as amended; regarding the implementation of the Plan shall
apply in regard to this Amendment.
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INTERPRETATION: The provisions set forth in the Municipality of Clarington Official
Plan, as amended; regarding the interpretation of the Plan shall
apply in regard to this amendment.
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Attachment 5
To Report PSD-021-13
CONDITIONS OF DRAFT APPROVAL
FILE NO.: S-C-2012-0004
DATE: FEBRUARY 28, 2013
1. , The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-2012-0004 prepared by GHD identified as project number
89168, dated September, 2012,which illustrates 42 single detached lots having a.
minimum lot frontage of 12.0 metres.
2. The Owner shall dedicate to the Municipality of Clarington the road allowances
included in this draft plan as public highways on the final plan.
3. The Owner shall name, road. allowances included in this draft plan to the
satisfaction of the Regional Municipality of Durham and the Municipality of
Clarington.
4. The Owner shall obtain municipal approval of the zoning for the land uses shown
on the approved draft plan in accordance with the provisions of the Planning Act.
5. The Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Engineering Services and the Director of
Planning Services for review and approval. The Landscaping Plan shall reflect
the design criteria of the Municipality as amended from time to time.
6. The Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Engineering Services for review
and approval. All plans and drawings must conform to the Municipality's Design
Criteria as amended from time to time.
7. The Owner agrees that the subdivision shall be constructed. in a single phase by
not more than one registration.
8. All land dedications, easements, sight triangles and reserves as required by the
Municipality of Clarington for this development must be granted to the
Municipality of Clarington free and clear of all encumbrances and in a form
satisfactory to the Municipality's solicitor.
9. The Owner shall convey 5.0 metre x 5.0 metre sight triangles at the intersection
of Street 'A' and Buttonshaw Street and at the corners of Lots 26 and 32 to the
Municipality of Clarington.
10. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities.
11. The Owner shall submit a geotechnical soils analysis to the Municipality of
Clarington for approval.
12. The Owner agrees to construct the service connections to Lots 11-17 prior to the
placement of surface asphalt on Buttonshaw Street,
13. The Owner shall provide and install sidewalks, street trees and street lights, as
per the Municipality's standards and criteria, on Street 'A' and along the frontage
of Buttonshaw Street.
14. The Owner shall be 100% responsible for the cost of any improvements to
Buttonshaw Street that are deemed necessary to accommodate the proposed
residential development.
15. The Owner shall cause all utilities, including hydro, telephone, Cable TV, etc., to
be buried underground.
16. The Builder shall include a disclosure in all purchase and sale agreements
advising home buyers of Municipal parking regulations, to the satisfaction of the
Director of Planning Services.
17. That prior to the issuance of building permits, access routes to the subdivision
must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code
and, that all watermains and hydrants are fully serviced and the Owner agrees
that during construction, fire access routes be maintained according to
Subsection 2.5.1 .2 of the Ontario Fire Code, storage of combustible waste be
maintained as per Subsection 2.4.1.1 and open burning as per Subsection
2.6.3.4 of the Ontario Fire Code.
18. The Owner shall be 100% responsible for the cost of any architectural design
guidelines specific to this development, as well as 100% of the cost for the
"Control Architect" to review and approve all proposed models and building
permits, to the satisfaction of the Director of Planning Services.
19. No building permit shall be issued for the construction of any building on any
residential lot or block on said plan, until the •architectural control guidelines for
the development and the exterior architectural design of each building and the
location of the building on the lot has been approved by the Municipality of
Clarington. .
20. No residential units shall be offered for sale to the public on said plan until such
time architectural control guidelines and the exterior architectural design of each
building has been approved by the Director of Planning Services.
21. The Owner shall provide the Municipality, at the time of execution of the
subdivision agreement unconditional and irrevocable, Letters of Credit
acceptable to the Municipality's Treasurer, with respect to Performance
Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees
or deposit as may be required by the Municipality.
22. The Owner shall pay to the Municipality, the development charge in accordance
to the Development Charge By-law,as amended from time to time, as well as
payment of a.portion of front end changes pursuant to the Development Charge
Act if any are required to be paid by the Owner.
23. The Owner shall supply on disk, in a CAD format acceptable to the Municipality a
copy of the proposed Plan of Subdivision as Draft Approved and the 40M Plan
proposed for registration.
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24. • The Owner is required to submit a signed Record of Site Condition (RSC) to the
Regional Municipality of Durham, the Municipality of Clarington and the Ministry
of Environment (MOE). This RSC must be to the satisfaction of the Region,
including an Acknowledgement of Receipt of the RSC by the MOE.
25. Prior to any on-site grading or construction or final. registration of the plan, the
Owner shall submit and obtain approval from the Municipality of Clarington, and
the Central Lake Ontario Conservation Authority for reports describing the
following:
a) the intended means of conveying stormwater flow from the site, including use
of stormwater techniques which are appropriate and in accordance with the
provincial guidelines. The stormwater management facilities must be
designed and implemented in accordance with Westside Creek Master
Drainage Study;
b) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with the
provincial guidelines. The report must outline all actions to be,taken to prevent
an increase in the concentration of solids in any water body as a result of on-
site or other related works, to comply with the Canada Fisheries Act; and
26, The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing Fees and
Technical Review Fees as per the approved Authority Fee Schedule.
27. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to
implement the recommendation of the report, entitled Noise Feasibility Study Site
prepared by HGC Engineering, dated November 7, 2012 which specifies noise
attenuation measures for the development. The measures shall be included in
the subdivision agreement and must also contain a full and complete reference to
the noise report (i.e. author, title, date and any revisions/addenda) and shall
include any required warning clauses identified in the study.
28. The Owner shall satisfy all requirements, financial and otherwise, of the
Municipality of Clarington. This shall include, among other matters, the execution
of a subdivision agreement between the Owner and the Municipality of Clarington
concerning the provision and installation of roads, services, drainage, other local
services and all internal and external works and services related to this proposal.
29. The Owner shall provide for the extension of such sanitary sewer and water
supply facilities which are external to, as well as within, the limits of this plan that
are required to service this plan. In addition, the Owner shall provide for the
extension of sanitary sewer and water supply facilities within the limits of the plan
which are required to service other-developments external to this subdivision.
Such sanitary sewer and water supply facilities are to 'be designed and
constructed according to the standards and requirements of the Regional
Municipality of Durham. All arrangements, financial and otherwise, for said
extensions are to be made to the satisfaction of the Regional Municipality of
Durham, and are to be completed prior to final approval of this plan.
30. Prior to entering into a subdivision agreement, the Regional Municipality of
Durham shall be satisfied that adequate water pollution control plant and water
supply plant capacities are available to the service the proposed subdivision.
31. The Regional Municipality of Durham shall be satisfied that sanitary sewer and
water supply services -have been installed,, or shall be installed, in the
abutting/adjacent plan of subdivision 40M-2378.
32. The Owner shall grant to the Region of Durham, any easements required for
provision of Regional services for this development and these easements shall
be in location and of such widths as determined by the Region of Durham.
33. The Owner shall satisfy all requirements, financial and otherwise, of the Regional
Municipality of Durham. This shall include, among other matters, the execution of
a subdivision agreement between the Owner and the Region concerning the
provision and installation of sanitary sewers, water supply, roads and other
regional services.
34. The Developer is hereby.advised that prior to commencing any work within the
Plan, the Developer must confirm that sufficient wire-line
communication/telecommunication. infrastructure is currently available within the
proposed development to provide communication/telecommunication service to
the proposed development. In the event that such infrastructure is not available,
the Developer is hereby advised that the Developer may be required to pay for
the , connection to and/or extension of the existing
communication/telecommunication infrastructure. If the Developer elects not to
pay for such connection to and and/or -extension of the existing
communication/telecommunication infrastructure, the Developer shall be required
to demonstrate to the Municipality that sufficient alternative
communication/telecommunication facilities are available within the proposed
development to enable, at a minimum, the effective delivery of
communication/telecommunication services for emergency management
services (i.e.-911 Emergency Services).
35. The Owner shall .agree in the Agreement, to grant to the telecommunication
provider any easements that may be required for telecommunication services.
Easements may be required subject to final servicing decisions. In the event of
any conflict with existing telecommunication provider facilities or easements, the .
Owner shall be responsible for the relocation of such facilities or easements.
36. The Owner agrees to coordinate the preparation of an overall utility distribution
plan to the satisfaction of all effected authorities.
37. The Owner shall grade all streets to final elevation prior to the installation of the
gas lines and provide the ,necessary field survey information required for the
installation of the gas lines, all to'the satisfaction of natural gas distributor.
38. The Owner shall ensure that all natural gas distribution systems are installed
within the proposed road allowances.
39. The. subdivision agreement between the Owner and the Municipality of
Clarington shall contain, among other matters, the following provisions:
a) The Owner agrees to include provisions whereby all offers of purchase
and sale shall include information that satisfies Subsection 59(4) of the
Development Charges Act, 1997.
b) The Owner agrees to fulfill the requirements of the Westside Creek Master
Drainage Study as they apply to this site to the satisfaction of the Central
Lake Ontario Conservation Authority.
c) The Owner agrees to maintain all stormwater management and erosion
and sedimentation control structures operating and in good repair during
the construction period, in a manner satisfactory to the Central Lake
Ontario Conservation Authority.
d) The Owner agrees to advise the Central Lake Ontario Conservation
Authority 48 hours prior to commencement of grading or the initiation of
any on-site works.
e) That the Builder includes a disclosure in all purchase and sale agreements
advising home buyers of municipal parking regulations, to the satisfaction
of the Director of Planning Services.
f) The Owner agrees to implement those noise control measures and place
the required noise warning clauses in all agreements of purchase and sale
between the Developer and all prospective home buyers as recommended
in the Noise Feasibility Study outlined in Condition 25.
40. Prior to final approval of this plan for registration, the Director of Planning
Services for the Municipality of Clarington shall be advised in writing by:
a) Central Lake Ontario Conservation Authority, how Conditions 25 and 26, 39
b), 39 c), and 39 d) have been satisfied; and,
b) Durham Regional Planning Department, how Conditions xxxx have been
satisfied.
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three years of the draft approval
date, and no extensions have been granted, draft approval shall lapse and the
file shall be CLOSED. Extensions may be granted provided valid reason is given
and is submitted to the Director of Planning Services for the Municipality of
Clarington well in advance of the lapsing date.
2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to
final approval. The Planning Act provides that draft approval, may be withdrawn
at any time prior to final approval.
4. All plans of subdivision must be registered in the Land Titles system within the
Regional Municipality of Durham.
5. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies
in order to facilitate their clearance of conditions for final approval of this plan.
The addresses and telephone numbers of these agencies are:
a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario, LIH 3T3 (905) 579-0411.
b) Durham Regional Planning Department, 605 Rossland Road East, P.O, Box
623, Whitby, ON L1 N 6A3 (905) 668-7721.
Attachment 6
To Report PSD-021-13
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2013-
being a By-law to authorize entering into an Agreement with the Owners of Plan
of Subdivision S-C-2012-0004 any Mortgagee who has an interest in the said
Lands, and the Corporation of the Municipality of Clarington in respect of S-C-
2012-0004
WHEREAS the Council on March 25, 2013 approved Draft Approved Plan of
Subdivision S-C-2012-0004 located in Part Lot 17, Concession 1, former Township of
Darlington and authorized the execution of a Subdivision Agreement with the Owner;
AND WHEREAS the Owner(s) of draft Plan of Subdivision S-C-2012-0004 is now ready
to proceed to finalize the Subdivision Agreement;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation's seal,
an Agreement between the Owners of Plan of Subdivision S-C-2012-0004.
2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the
Municipality of Clarington, the said conveyances of Lands required pursuant to
the aforesaid Agreement.
BY-LAW passed in open session this 25th day of March,2013
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Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
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