Loading...
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 g am F � r w t�o�kt� AV�NCIE 3 3 i N 45"5 a'X'a'k rS i D � L 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 o� •_ ^ 0 30i5153M 'KIWI��I1,�LI 1(5 w �/ fl- � }w, U) ! rILLLLLLLLLLWrc k O tlOelds3 • L 3 ai a� 33H s H31 tl3 m c1 '> ® -a p m .fl� _ .S�nvTO w O '0 ® d O O Q s ® C 5; ado H 3H� N r Q O O O CN N Q 0_ in OP OP�� 133!115 M HSNO11fIB rc '+ _ O 0 e •� V/ V N wE o 4� CL L O A� 22 �1i O F nfd AIOM1p STPEET 3171 vT OOh ® W W 1 O C: L E li N O X L- > u iu M d 0 = o 4 M ccs u + v O w w z w AMJiS MHHSNOiine w 0 Cr LU m c C: 2 a)� �n 4- -v o � N Nay n Attachment 2 To Report PSD-021-13 PROPOSED L DRAFT PLAN OF SUBDIVISION OF PART OF LOT 17, CONCESSION 1 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM -----�-----McBRIDE AVENUE- 1 34. 1 086 . SCHEDULE OF LAND USE LOW DENSV RESIDENTIAL (T—CETAO—) 6 7 TOTAL#UMTS RESDENIAL TOTAL AREA RESIDENTIAL 180 12.2• \12.2 122\`, '12.2,2 12.2 12.2 II' ROADS 21. 5 2.62 ha 5 1'22 "'12.2 . " (D LLJ C\l Lu 00 'n Ln lz n 33.5 z (D 19 , ' 18 �Q '2t 1 2.2 12.2' 122 5 5 V, Streef"'k, 13.3 12.2 2 .Z 12.2 12.\ 12.2 12 � 2�.�2 .2•, 22 185 33 4 36---',36 37,•\ 38 N79 51'00-E ADDITIONAL INFORMATION ----------REMINGT0N-STREET---- DATE CdllIEN15/REN50N5 lyl ............. WORSE= DARLINGTON GREEN 18T-90051 ............ —T 11 89168 q D P-1 El 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. N ---- — — M o 1. zw wo 7m I.000 Nw- O MI „ 00 Y ® i® O � THE REGEON OF DURHAM i M y M °O , i ° ° Rio ■ p 0 m O 0 0 o M i ® SPECIAL POLICY E O *4� AREAE 1 ■ O O ;,� ■ CONCESSION STREET O O j H O M C4 t M0 /POLICY■ ' O SIAREA E■ k / ■ M O O M o j IS DELETE PUBLIC ELEMENTARY eASEUNE ROAD QM OH SCHOOLSYMBOL I �'' 'NWHY7AY Apt II p r Y'_S � •F�I Ian; 4 ya, SPECIAL Q ` � ■■ r,ill'1���Y II;I�, '.POLICY �� ■ �""�' AREACJ':� � E g4 Dt($ b k y� EMPLOYMENT AREA 1c TOURISM NODE LIGHT PUBLIC INDUSTRIALAREA SECONDARYSCHOOL GENERAL SEPARATE —�URBAN BOUNDARY INDUSTRIALREA SECONDARYSCHOOL ® FUTURE BUSINESS PARK PRIVATE LAKE ONTARIO URBAN RESIDENTIAL SECONDARYSCHOOL URBAN RESIDENTIAL UTILITY i ELEMENTARY SCHOOL ® DENSITY ENVIRONMENTAL SEPARATE PROTECTION AREA ELEMENTARY SCHOOL MAP A3 O„ RESIDENTIAL I Y GREEN SPACE (� ELEMENTARY SCHOOL LAND USE WATERFRONT SECONDARY BOWMANVILLE URBAN AREA TOWN CENTRE GREENWAY °° PLANNING AREA NEIGHBOURHOOD OFFICIAL PLAN CENTRE COMMUNITY PARK ®.®.®®®®®SPECIAL POLICY AREA MUNICIPALITY OF NGTON APRIL,,2012 HIGHWAY COMMERCIAL ® DISTRICT PARK ...........SPECIAL STUDY AREA zot2 This CONSOUDATION S PROVIDED FOR CONVEMENCE ONLY AGGREGATE NEIGHBOURHOOD ARD RE PRESENTS REODESTEDmo -ATIONS AND APPROV EXTRACTION AREA ® PARK GO STATION "Exhibit."B", Amendment No.92 To The Municipality of Clarington Official Plan", Map H2 (Bowmanville), Neighbourhood Planning Units, Bowmanville Urban Area. _ I 1 1,0 NORTHGLEN N (65 0) r CONCESSION ROAD 3 1 rn OX 8 I o (53 0) FENWIC J N (5500 1 z 0 Z W W � W BROOKHILL ; ELGIN 6 (3900) 1 (3900) o APPLE BLOSSOM (4750) I 0 Q 2 CONCESSION STREET ' WEST TOWN CENTRE CENTRAL 5 (A 00) VINCENT MASSEY 1 (2000) I (4350) i 1 � 12 14 LAST TOWN I DARLIN. TON WAVERLY CENTR GREEN (4200) (3100) (3200) 13 1 WESTVALE 3 & (4700) MEMQRIAL i (40 00) 1 BASELINE ROAD 1 ' CHANGE FROM HIGHWAY 401 3200 TO 3350 1 I �I 1 �1 1 z1 I °NR W 15 1 PORT DARLINGTON ' (2950) 1 I 1 LAKE ONTARIO 1 I ®• URBAN BOUNDARY NEIGHBOURHOOD BOUNDARY (1000) POPULATION MAP H2 NEIGHBOURHOOD PLANNING UNITS BOWMANVILLE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON APRIL,2012 REFER TO SECTIONS 5 AND 9 0 225 450 900 1,350 1,800 WSCONSWOAP—PRW10EDFORCCN EVEN EONLv Metres ANO RED ENTSR ES KmiIFKA MS ANOAPPROVPL 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 I i Patti L. Barrie, Municipal Clerk I i i i 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. i 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. I I 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. i 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 i Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk I i I