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HomeMy WebLinkAboutPSD-038-04 o . l~ .~ Withdrawn by Director Cl!Jl-!lJglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 29, 2004 Report #: PSD-038-04 File #: COPA 2003/005 By-law #: ZBA 2003/029 and 18T -93008 Subject: CLARINGTON OFFICIAL PLAN AMENDMENT, REZONING AND AMENDMENT TO DRAFT APPROVED PLAN 18T-93008 TO PERMIT 103 RESIDENTIAL UNITS APPLICANT: 1389877 ONTARIO LIMITED Part Lots 11 and 12, Concession 1, former Town of Bowmanville RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-038-04 be received; 2. THAT Amendment No. 38 to the Clarington Official Plan (COPA 2003/005) to delete a Medium Density symbol, submitted by 1389877 Ontario Limited be APPROVED as contained in Attachment 2; 3. THAT the amendment to Draft Approved Plan of Subdivision 18T-93008 submitted by 1389877 Ontario Limited be APPROVED subject to the conditions contained in Attachment 4; 4. THAT the proposed Draft Plan be redlined to show the extension of Street "A" to Albert Street and that a condition be added to the Conditions of Draft Approval which requires said extension to be built to the satisfaction of the Director of Engineering Services; 5. THAT the application for Zoning By-law Amendment (ZBA 2003/029) be APPROVED as contained in Attachment 5; 6. THAT the Region of Durham Planning Department be forwarded a copy of this report and Council's decision; and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830 622 - ., to REPORT NO.: PSD-038-04 PAGE 2 7 . THAT the applicant and all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: D vi . Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: " O~~~ Franklin Wu, Chief Administrative Officer CS/L T/DJC/df/sn 23 March 2004 623 , , REPORT NO.: PSD-038.04 PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicant: 1389877 Ontario Limited - Mr. Wilf Goldlust 1 .2 Agent: Anthony Biglieri of The Biglieri Group 1.3 Amendment to the Clarington Official Plan: To delete the Medium Density Symbol on Map 3A of the Clarington Official Plan. 1 .4 Amendment to Draft Approval Plan of Subdivision: From: 154 units consisting of 46 lots for single detached dwellings, 9 lots for semi-detached (18 units), 18 Blocks for 90 on-street townhouses, a future development block, a parkette, a pedestrian linkage to an open space block, a block for a water quality pond and roads. To: 103 single detached dwellings with lot 12 metre frontages, a storm water management facility, a 0.19 hectare (.49 acres) park and open space. 1.5 Amendment to the Zoning By-law: From: "(Holding) Urban Residential Type One (R1) Zone", "(Holding) Urban Residential Exception Two (R2-6) Zone", "(Holding) Urban Residential Exception (R2-7) Zone", and "(Holding) Urban Residential Exception Three (R3-14) Zone" to an appropriate zone. To: Permit the proposed amendment to the Draft Approved Plan. 1.6 Site Area: 8.73 hectares (21.5 acres) 2.0 LOCATION 2.1 The lands subject to the amendments are located west of Hunt Street, south of Goodyear Canada, north and east of Bowmanville Creek and associated valley lands, being Part of Lots 11 and 12, Concession 1 in the former Town of Bowmanville. 624 , REPORT NO.: PSD-038-04 PAGE 4 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The subject lands are flat, grass covered lands with low shrubs and trees. The lands are currently vacant. 3.2 Surroundinq Uses North South East West Industrial, Goodyear Canada Bowmanville Creek and associated valley lands Residential, single detached dwellings; and Bowmanville Creek and associated valley lands and beyond that, residential. 4.0 BACKGROUND 4.1 In April 1995, Council recommended to the Region of Durham Planning Department that draft approval be granted for a proposed draft plan of subdivision consisting of 123 units (40 single detached and 83 townhouses), a 2.12 ha (5.23 acre) future development block and buffer from lands owned by Goodyear Canada, a park and a 24.4 ha (60 acres) open space block. The Region of Durham issued Draft Approval in April 1995. 4.2 In February 2001, the lands were sold and revisions to the plan were made which incorporated the abandoned CNR spur line serving Goodyear. The revised plan was subsequently draft approved in March 2002, for 154 units consisting of 46 lots for single detached dwellings, 9 lots for semi-detached (18 units) 18 blocks for 90 on- street townhouses, a future development block, a parkette, and a pedestrian linkage to an open space block. 4.3 The Zoning By-law to implement the Draft Approved Plan was approved in principle, however the by-law would only be forwarded for approval once the Bowmanville Creek valley lands were transferred to the Municipality of Clarington. The early dedication of the lands was agreed to by the applicant. The lands were dedicated on July 16, 2003. 4.4 On July 14, 2003, Staff received applications to amend the Clarington Official Plan, Zoning By-law 84-63 and the Draft Approved Plan of Subdivision, 18T 93008. The revised proposal included 114 residential units consisting of 62 lots for single detached dwellings, 26 lots with 18 metre frontages for 52 semi-detached dwellings, a storm water management facility, water quality pond and a .56 hectare (1.38 acres) park. Since the proposed revision no longer includes townhouse blocks, a Clarington Official Plan amendment is required to remove the Medium Density Symbol. A zoning by-law amendment is required to implement the proposed Plan of Subdivision. 625 REPORT NO.: PSD-038-04 PAGE 5 4.5 In December 2003, the applicant revised the proposed Plan of Subdivision to 103 single detached dwellings on 12 metre lots. The park block was reduced to 0.19 hectares (.46 acres). 4.6 The following chart illustrates the differences between the Draft Approved Plan of August 1995, the revision to the Draft Approved Plan of March 2002 and the current proposal. OraftApprQV~1 ReVised Di'aft Gi!rmnt 1995. Appr()"ClI~Pl!il P"()P<i!ii'lIi~Pl!4:i 13.5 m frontage for single detached units. 5 15 0 12 m frontage for single detached units 0 0 103 1 1 m frontage for single detached units 7 28 0 10 m frontage for single detached units 28 3 0 Semi/Link detached units 0 18 0 Townhouses 83 90 0 Total Units 123 154 103 Net Residential Land Area (ha) 3.114 4.142 4.46 Net Residential Density (units per ha) 40.829 37.939 23.3 TABLE 1 5.0 SUPPORTING DOCUMENTATION 5.1 A Conceptual Grading and Servicing Plan were submitted to support the revised draft plan. The report is summarized below: . A small portion of the development area in the vicinity of Lots 20-26 (adjacent to the floodplain) is currently below the Regional flood elevation of 82.81 and minor filling will be required to elevate the lots above the Regional flood line. A cut and fill balance can be achieved in areas adjacent to the proposed lots to compensate for the loss of storage. . A watermain currently exists on Hunt Street, which will be replaced by the Region of Durham with the re-construction of Hunt Street. . A sanitary sewer is located on Hunt Street that drains southerly to Baseline Road. The sewer is not deep enough to provide adequate service to the subject site in accordance with the Region of Durham requirements. An easement was contemplated through the Bowmanville Creek valley under the creek to connect it to the sanitary trunk sewer on Baseline Road. However, to avoid the installation of the trunk sewer through the creek valley, a more viable solution may be to lower the sanitary sewer in conjunction with the re-construction of Hunt Street to an elevation that can service the proposed subdivision. This will also require the 626 REPORT NO.: PSD-038-04 PAGE 6 construction of a new sewer in an easement from Baseline Road to the existing sewer along the north side of Highway 401. . Minor and major storm drainage systems can be accommodated by constructing storm sewers within the road allowances and eventually letting into Bowmanville Creek after flowing through the stormwater management facility. . Stormwater management consists of an extended detention water quality pond to capture the "first flush" runoff that will be provided south of the Lots 19-24, and above the 100 year flood elevation. 5.2 Revised Traffic Study A revised Traffic Impact Study was submitted based on the current proposal. It contemplated two access points into the site. It concluded that the overall trip generation is less than the Draft Approved Plan. The a.m. peak hour trip generation has been reduced from 90 trips to 80 trips. The p.m. peak hour trip generation has been reduced from 120 trips to 105 trips. 6.0 OFFICIAL PLAN POLICIES 6.1 Durham Reqion Official Plan The Durham Regional Official Plan designates the subject lands as Living Area and Major Open Space with indications of Environmental Sensitive Areas. The predominant use of lands within the Living Area designations shall be for housing purposes. The predominant use of lands in the Major Open Space designation shall be for conservation, recreation and reforestation. The proposed uses conform to the Plan. 6.2 Clarinqton Official Plan The Clarington Official Plan designates the subject lands as Environmental Protection, Urban Residential with a Medium Density, Neighbourhood Park. The predominant use of land within the Urban Residential designation shall be for housing. The Medium Density category proposes a net density of 31-60 units per net residential hectare with the predominant housing form to include townhouses. The proposal does not include townhouses and therefore an amendment is required to delete the Medium Density Symbol. The subject site is located in the Memorial Neighbourhood with has a population allocation of 4000 and 1575 residential units. Environmental Protection Areas are the portions of the Bowmanville Creek valley still remaining with the plan of subdivision. These areas and their ecological functions are to be preserved and protected. 627 , , REPORT NO.: PSD-038-04 PAGE 7 7.0 ZONING BY-LAW 7.1 Within Comprehensive Zoning By-law 84-63, as amended the lands are zoned (Holding) Urban Residential (R1) Zone, (Holding) Urban Residential Exception (R2- 6) Zone, (Holding) Urban Residential Exception (R2-7) zone and (Holding) Urban Residential Exception (R3-14) Zone. An amendment to the zoning by-law is required to implement the proposed revisions to the draft approved plan. 8.0 PUBLIC MEETING AND SUBMISSIONS 8.1 No one spoke in opposition to the proposal at the statutory Public Meeting held on September 22, 2003. However, at the September 29, 2003 Council meeting, four area residents spoke in opposition to the proposal. Their concerns are summarized below: . Increase in traffic on local roads; . Duke, Hunt, and Nelson Streets are all very narrow streets; . One way in and one way out of the subdivision; . Difficult to turn onto Liberty Street due to traffic volumes; . Destruction of the natural park-like setting; . Effect on wildlife; . Flooding; . Ice accumulation on Baseline Road during the spring melt; . Erosion of the creek banks; . Hydro lines need to be replaced; and . Ontario Street Public School is full to capacity. 8.2 Council directed staff to meet with area residents to discuss the proposal. On December 9, 2003 staff hosted a Public Information Centre for area residents. Eight (8) area residents attended the meeting. Staff gave a brief history of the Draft Approved Plan and the current proposal. The development of the open space areas through the Valleys 2000 initiative was also presented. Staff addressed the concerns of the area residents presented to Council in September. In general, the residents prefer the current proposal to the Draft Approved Plan because it proposes a reduction in the density and proposes single detached dwellings to townhouses and semi detached units. The resident's concerns are addressed in Staffs comments discussed in Section 10 of this report. 628 REPORT NO.: PSD-038-04 PAGE 8 9.0 AGENCY COMMENTS 9.1 In accordance with departmental procedures, the applications were circulated to obtain comments from other departments and agencies. 9.2 The Clarington Emergency Services Department has requested a second access into the plan of subdivision through Albert Street. The street extension must comply with all Municipal and Ontario Regulations for the required access. 9.3 Engineering Services Department reviewed the Amendment to the draft approved plan and requested that the previous conditions of draft approval still apply to the revised draft plan. Additional comments were also provided and are summarized below: . The Conceptual Grading and Servicing Report prepared by D.G. Biddle and Associates in support of the revised plan was reviewed and deemed satisfactory. The conceptual grading and servicing plan shows the proposed stormwater management facilities in Block 108 and on property currently owned by the municipality. Once the construction of the facility is completed to the satisfaction of the Municipality, Block 108 will be transferred to the municipality. The applicant must demonstrate that all blocks that are designated for stormwater management facilities have been adequately sized and configured to the ultimate need for the subdivision including the future development block. . Revisions to the draft plan are required to eliminate the hammerhead turning circle proposed at the easterly limit of Street "C" in favour of a full intersection at Street "C" IHunt StreeUAlbert Street. The intersection will serve as a second access to the subject development. The applicant will be required to construct an appropriate pedestrian access between Street "C" and Hunt Street. . The applicant must submit a plan drawing indicating that proposed entrance and driveway locations for all comer lots. The final plan is subject to the approval of the Director of Engineering Services. . Development of the site requires the reconstruction of Hunt Street from Albert Street to Baseline Road. The development may proceed at such time as the Municipality has approved the 2004 Capital Budget and Four Year Forecast, which schedules reconstruction of Hunt Street from Nelson Street to Baseline Road, being Part "A" of the reconstruction project. The construction contract will include that portion of Hunt Street between Nelson Street and Albert Street, being Part "B". . The required improvements shall include any sidewalk improvements, stormwater improvement, and improvements to the intersection of Hunt Street 629 . REPORT NO.: PSD-038-04 PAGE 9 and Nelson Street and Street "A". The cost of Part "B" will be invoiced by the Municipality to the owner at the time of construction. The Municipality will reimburse the owner 50% of the cost of Part "B" in 2006, subject to Council's approval of the Capital Budget in 2006. . All works and services must be designed and constructed in accordance with the Municipality's Design Criteria and Standard Drawings, provisions of the Development Charges By-law and all applicable legislation. . Prior to issuance of any building permits for the subject development the applicant will be required to remove all of the rubble and building foundation remains from the open space lands. . A registered Landscape Architect shall prepare a conceptual plan to show how Block 105 will develop in conjunction with the adjacent stormwater management facility and the valley lands. 9.4 The Region of Durham has reviewed the proposed Clarington Official Plan amendment and the amendment to the Draft Approved Plan with respect to compliance with the Regional Official Plan, delegated provincial plan review responsibilities and the proposed method of servicing. With respect to Official Plan conformity, the amendment would appear to be permitted by the policies of the Durham Plan, although Section 10.2.4 also encourages higher densities where appropriate and promotes area official plans to maximize permissible densities for vacant land within urban area boundaries. A Phase 2 Environmental Site Assessment was submitted to ensure the site area appropriate for development. The report addresses the soil conditions at the abandoned rail line. The subject lands have been assessed as having a high archaeological potential due to the proximity of Bowmanville Creek. An archaeological assessment will be required as a condition of draft approval. Water supply and sanitary sewer services are available. Municipal water supply can be provided to the proposed development from the existing 400 mm diameter watermain or 150 mm diameter watermains on Hunt Street. The 400 mm diameter watermain runs along the abandoned railway spur. A 9.0 metre easement is required through portions of the development along the existing railway. Should Hunt Street be re-constructed, the existing watermains would need to be replaced due to structural and age deficiencies. Sanitary sewers are proposed with the Hunt Street road allowance and will require easement to connect to trunk sewer south of Baseline Road and Hunt Street. The proposed amendment is exempt from Regional Approval. 630 REPORT NO.: PSD-038-04 PAGE 10 9.5 The Central Lake Ontario Conservation Authority reviewed the amendment to the Clarington Official Plan and the amendment to Draft Approved Plan of subdivision and requested that the previous conditions of draft approval be applied to the amendment to the draft approved plan. 9.6 The Peterborough Victoria Northumberland and Clarington Catholic District School Board stated that the Board is currently working towards designating a site for a new elementary school in Bowmanville to address the overcapacity at St. Elizabeth's Elementary School on Longworth Avenue. The Board had withheld its comments in order that the Board may be in a better position to assess the application and related implications. In a telephone conversation on March 10, 2004, a School Board representative indicated that a new elementary school site would be secured in the very near future and therefore offered no objection to the amendment draft plan of subdivision. 9.7 The Kawartha Pine Ridge District School Board has no objection. 9.8 Veridian Connections has no objections. 10.0 STAFF COMMENTS 10.1 The applicant wishes to amend the existing Draft Approved Plan from 154 single/semi detached units and street townhouses to 103 single detached dwellings, resulting in an overall reduction of 51 units. The key changes are noted below: . Lots front onto Hunt Street previously occupied by the CNR spur line; . The single sided road adjacent to the open space has been eliminated and replaced with lots for single detached dwelling. Openings are maintained at the end of each to provide visual and physical access to the valley; . Reduced length of roads; and . Townhouses and small lot singles have been replace with 12 metre single detached dwellings. The proposed amendment to draft approved plan represents an infill development with the Memorial Neighbourhood of Bowmanville. The proposed form of development, being primarily single detached dwellings, is compatible with the existing residential community. The number of units has been reduced by 51 or 33%. The overall density has been reduced to low density. As such, a Clarington Official Plan Amendment is required to remove the Medium Density symbol. 10.2 Erosion Control and Other Environmental Concerns The land area proposed for development is the same land area within the Draft Approved Plan. There is a small portion that is within the floodplain. The developer is required to undertake a cut and fill exercise to remove the lands from the 631 REPORT NO.: PSD-03S.04 PAGE 11 floodplain. Approval from the Central Lake Ontario Conservation Authority is required prior to the commencement of these works. Many of the comments and conditions with respect to erosion control and bank stabilization for the Bowmanville Creek are still applicable to the current proposal. As a condition of the early dedication of the valley lands to the Municipality, the developer retained an easement over the valley lands to undertake erosion control works. The approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington is required prior to the commencement of the works. The developer is responsible for 100% of the costs for the approved works. The residents had concerns that the development would destroy the natural park like setting, and affect the wildlife. In 2003, the valley lands were dedicated to the Municipality for public open space purposes. These lands have an approved conceptual plan, which encourages passive recreational opportunities in a manner which is sensitive to the existing natural environment. These lands are part of the Bowmanville/Soper Creek open space corridor, which will provide for passive recreational opportunities, as well as corridors for the movement of wildlife. 10.3 Road Infrastructure and Traffic Improvements Road Construction To facilitate development in this area, the reconstruction of Hunt Street from Albert Street to Baseline Road is required. The reconstruction will include new sanitary sewer facilities, water, storm sewer and sidewalks. It will take place in two phases, Part A from Nelson Street to Baseline Road has been included in the 2004 Capital Budget and Four Year Forecast which has yet to be approved by Council. The second phase, Part B, will be from Nelson Street to Albert Street. The construction will occur at one time. Since the current proposal has lots fronting onto Hunt Street between Nelson Street and Albert Street, the developer will be required to pay 50% of the reconstruction costs. The developer will pay 100% of the costs of Part B upfront, however will be reimbursed 50% of the costs in 2006 subject to Council's approval of the 2006 Capital Budget. Connecting Street "C" to Albert Street In 2002, staff recommended draft approval of a plan which showed Street "C" connected to Albert Street. Council approved the plan with only an emergency access. In consideration of Council's position to provide for emergency access the current proposal does not show Street "C" as a thoroughfare to Albert Street. A single access at Nelson Street is not considered desirable for a development consisting of 103 residential units. The Clarington Engineering Services Department has requested the connection be made to distribute the traffic throughout the area. A barricade will be required at the access which makes winter maintenance difficult. The Emergency Services Department has requested the connection from a 632 REPORT NO.: PSD-038-04 PAGE 12 fire/emergency services perspective. Finally, providing only one access is not consistent with the policies of the Clarington Official Plan, which encourages the development of a connective grid road network wherever possible. At the December 8, 2003 Public Information Centre, the residents who attended the meeting requested that Street "C" be connected to Albert Street. The residents felt it would help disburse traffic through the neighbourhood and would provide access in case of an emergency. If Council deems it desirable to have Street "C" connect to Albert Street, then the proposed draft plan would be redlined to show the connection and an additional condition will be added to the Conditions of Draft Approval to ensure the connection is built to municipal standards. Liberty Street Improvements The residents had concerns with the effect of increased traffic on Liberty Street. The Durham Transportation Master Plan shows Liberty Street will be widened to 3 to 5 lanes within the next twenty years. 10.4 Parkland Dedication Parkland dedication based on 5% of the site area is to.4395 ha (1.08 acres). The parkland shown on the current proposal is 0.19 ha (.46 acres). Where parkland is less than the required 5%, the balance can be provided as a cash contribution. Blocks 104, 106 and 107, totaling 0.32 ha (.79 acres) have been dedicated as access to the valleyland open space. Given that, the developer dedicated the valley lands through the previously approved draft plan, Staff are satisfied with the 0.19 ha (.46 acres) provided in the current plan and have not requested an additional cash contribution. 10.5 Separation Between Incompatible Uses Block 110 is proposed to be conveyed to Goodyear Canada, which was agreed to by the previous owner and is consistent with the Draft Approved Plan. The conveyance of these lands provides a buffer between Goodyear's reclaimed rubber plant and proposed residential development. The buffer is required by the Ministry of Environment guidelines for separation distances between industrial facilities and other sensitive uses, such as residential uses. The separation distance in this case is 150 metres from the property boundary and would allow the development of Block 109 for residential purposes some time in the future. 10.6 Other Concerns of the Area Residents Residents had a number of concerns identified in Section 8. The concerns, related to erosion control and other environmental concerns, road reconstruction and traffic, have been addressed. The remaining concerns are discussed below: 633 REPORT NO.: PSD-038-04 PAGE 13 Hydro Service Veridian has indicated that a new substation was installed at Spry Avenue and Baseline Road in 2002/2003. This new facility has the ability to service the entire area. Overcrowding at Ontario Street Public School The subject property is within the catchment area for Ontario Street Public School and is over crowded. However, the school is a 100% French I mmersion Elementary school and accepts students from locations all over Clarington. For the students in the English curriculum the school for this catchment area is Central Public School, which is not over capacity. 10.7 Finance Department advises that there are no taxes owing on the subject lands. 11.0 CONCLUSIONS 11.1 Prior to scheduling, a recommendation report to Committee and Council on a draft plan of subdivision application a list of the proposed conditions of draft approval are submitted to the applicant for their review and concurrence with same. The purpose of this exercise is to determine if there are any conditions of draft approval that the applicant does not agree with and that they be identified for further discussion purposes. In this particular instance, concurrence to the conditions of draft approval was not provided by the applicant as they indicated they were not in agreement with Condition No. 31 requiring the developer to pay 50% of the reconstruction of Hunt Street from Nelson Street to Albert Street. Agreement on this matter between staff and the applicant could not be reached. It is Staffs position the developer is responsible for half the cost of the reconstruction of this section of Hunt Street in view of the fact that seventeen (17) lots will have frontage on this portion of Hunt Street. This report is forwarded for Committee and Council's deliberation with the conditions of draft approval as drafted by Staff. 11.2 In consideration of the comments received from circulated agencies and review of the proposal, staff recommend: . Amending the Official Plan Amendment to delete a Medium Density symbol; . Approval of the Draft Approved Plan of Subdivision 18T-93008, as redlined on Attachment 3, subject to the conditions contained in Attachment 4; and . Rezoning the subject lands within the plan of subdivision. 634 REPORT NO.: PSD.038-04 PAGE 14 Attachments: Attachment 1 - Location Map Attachment 2 - Amendment No. 38 to the Clarington Official Plan Attachment 3 - Plan of Subdivision 18T-93008 as redlined Attachment 4 - Conditions of Draft Approval Attachment 5 - Zoning By-law Amendment Attachment 6 - By-law to Approve the Official Plan Amendment Interested parties to be notified of Council and Committee's decision: Mr. W. Goldlust 1389877 Ontario Limited 26 Truman Road Toronto, ON M5L 2L5 Ellen Cowan 69 Concession Street West Bowmanville, ON L 1C 1Y2 Mr. Anthony Biglieri The Biglieri Group 28 Bellefair Avenue Toronto, ON M4L 3T8 Mavis Carlton 119 Cove Road Bowmanville, ON L 1 C 3K3 UD&D Incorporated 51 Oak Avenue Richmond Hill, ON L4C 6R5 Mr. Bob Turner 68 Duke Street Bowmanville, ON L 1C 2V6 Mr. Rob Andrew 66 Duke Street Bowmanville, ON L 1 C 2V6 John Willoughby 3 Spry Avenue Bowmanville, ON L 1 C 3T3 Ms. Nancy Armstrong Ms. Heather Armstrong 68 Duke Street Bowmanville ON L 1 C 2V6 635 ATTACHMENT 1 PART 6, PL.AN 40R 2/286 ;;f'- ...~.~ ~ , , '"' 1 161BO pAR ,fO.'? -- \J p~f\rJ OC'{. , '(l'-' ~ ~00~ 91Jr1 ~pf,r~~ \ ~\.J,0 1. " . ~ ~ / / / / / ~ / / / /' . ~ ~. " ~"""",, , ~ 3 ~ " Bowmanville Key Map ZBA 2003-029 Zoning By-law Amendment COP(A) 2003-006 Clarington Official Plan Amendment Bo\SEU~E 'lQo\Il WEST Owner: Wilf Goldlust 1389877 Ontario Inc. rnE,,*,,~ 636 ATTACHMENT 2 AMENDMENT NO. 38 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Clarington Official Plan is to delete the "M" Symbol as shown on Map A3 to the Clarington Official Plan to permit low density residential development. LOCATION: The subject site is bounded by Spry Avenue to the west, Baseline Road to the south, Hunt Street to the east and Goodyear Canada to the north. The subject site is legally described as Part of Lots 11 and 12, Concession 1, former Town of Bowmanville, now in the Municipality of Clarington. BASIS: The proposed change will permit the development for a proposed amendment to a draft plan of subdivision (18T-93008) as submitted by 1389877 Ontario Limited. The amendment will allow for the development of 103 single detached residential units within the Bowmanville Urban Area. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended by amending Map A3, as indicated on Exhibit "A" attached to this Amendment. IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply to this Amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the plan shall apply to this Amendment. 637 EXHIBIT "A" AMENDMENT No. 38 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP A3, LAND USE, BOWMANVILLE URBAN AREA CONCESSION @ e .. .@ @ - REMOVE "MEDIUM DENSITY" SYMBOL e @ ............a ,'.;:;W 638 . @ @~ Ie." ,"'" .:< 1;i:~, ." ATT , , , , , , " , , , , , , , \\\, , , \ , , , , , , , , , , , , \ , , \ , \ , , , , , , , , I , , , I .>1 /~ PART 2, PLAN ~!4289--D<;:;;.A'~:' ~.~ PART 7, PLAN "lOR _ 2!28~,/\};,^\ I /':' .- _~__u_n_n________ _____n_n___ ________n_____ _n_-:-;.__..... /' I 2C 22' ~ PART 6, .PLAN 40R - 2/286 <Ji~ Nn'HOO~:tl '"""" '08lJr. ," ,,'1'&; ~ ~ ~~ a.8J~' ~ ~" ~ ~ Ilt'Off "!: ~ ~ ~ \ 1 16180 pA'\ ,0' - \" p~f.rJ \ C'+, \ \,S '0\.-0 t ''-G\'.I>-'" 00'" \S'-. /' 0' / - 91~7 ,,/ /' ,<,,-' ~...15 ../.- ,____'/ P~~~p,.~f / /" ~ ,/' - -c"" ./ ~...:..- /,/' \ / ?\.-I>-'" --~ BLI<.11:2. Q.3Om RESERVE D.oOO2Ha -- -- '<; , -- ,/Y ,/ \ '.....--' "'"'\ / -- lIElrGf>.~.t / -- 1. -- " ~ -- _/ \ \ " \ .\ ~~ i~\t ~~ \ ~~ . '~ \.... //''. ~ ,/' \ / -- -- 3 B~.104 O.01Ha 4 -- '~ -- -- ,//-- -- : , , , , , , \ , \ , \ , , ~"'\' \\\ ~ , . ~\ \ ~4 \ . \ -- -- -- -- -- / ~. '; -- , -- \-,-- ,/" ~-- ,.-- , -"!<<- ...-": ...---...--- \ /......., -- -- , ' ,,' /',- '<; -- '~ .- /--.&10 / \ /~/ <""/ .,,--,<; \.-.------ -,/"... \ .. ,../ \ 0,....-- //~ )C/~ ,/,/........1: \, .,__/ /-./'0 \ \ ";....-< " ""/. ,/\ l:1 .. /,/ \ '- //1,. \_....--- " /"'-- / .....,/ "'0" ,-,,/," .~ , IS'....." \....'/... /'\ '- ;""( / -- NlI77li'ofOoc PROPOSED AMENDMENT TO DRAFT PLAN OF SUBDIVISION 18-93008 639 ATTACHMENT 4 CONDITIONS OF DRAFT APPROVAL Revised Draft Plan of Subdivision 18T 93008 1389877 Ontario Limited, Part Lot 11 and 12, Concession 1, Former Town of Bowmanville Dated: March 29, 2004 The revised Conditions of Draft Approval for Plan of Subdivision 18T 93008, approved April 12, 2002 being numbers 1 to 45, are hereby deleted in their entirety and replaced with the following conditions: 1. The Owner shall have the final plan prepared on the basis of Approved Draft Plan of Subdivision 18T 93008 prepared by Biddle and Associates identified as job number 103030, dated March 18, 2004, which illustrates 103 single detached dwellings, a Park Block, three Open Space Blocks, a future Development Block, a 2.0 metre road widening, a 3.0 metre temporary easement, a 0.3 metre reserve Block, Stormwater Management facilities and roads. 2. The Owner shall convey Block 105, to the Municipality of Clarington for park or other public recreational purposes in accordance with the Planning Act. 3. The Owner shall convey gratuitously free and clear of all encumbrances Blocks 104, 106,107 and 108 for open space purposes. 4. The Owner shall convey Block 111, a 2.0 metre road widening along the west side of Hunt Street between Albert Street and Nelson Street to the Municipality of Clarington for the purposes of widening Hunt Street. 5. The Owner shall convey Block 112, being a 0.3 metre reserve around the temporary turning circle identified in Block 109 to the Municipality of Clarington. 6. The Owner acknowledges that no development will be permitted on Block 109 until such time as the Owner has entered into a development agreement with the Municipality which incorporates the extension of Street A or the construction of a cul-de-sac built in compliance with the Municipality's Design Standards at the northerly limit of Street A. The type of road extension that will ultimately be required shall be determined soley at the discretion of the Municipality. The Owner of Block 109 will be responsible for 100% of the cost, financial and otherwise with any future road extension or cul-de-sac construction. 7. The Owner shall provide the Municipality with 3.0 metre wide snow storage easements adjacent to all temporary turning circles. The Owner shall provide all required easements free and clear of any encumbrances and in a form satisfactory to the Municipality's solicitor. 8. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 640 ; 9. 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. 10. The lands within the Plan of Subdivision shall be appropriately zoned in accordance with the Municipality of Clarington Zoning By-law to implement the proposed development. 11 . The Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the satisfaction of the Municipality of Clarington. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 12. The Owner shall retain a qualified engineer to demonstrate that all portions of the subdivision except the open space Block 107 will be located outside the floodplain. The required report must indicate all of the areas where the floodplain will be modified or altered. The required report is subject to the approval of the Central Lake Ontario Conservation Authority and the Director of Engineering Services. 13. The Owner shall retain a registered Ontario Landscape Architect (OLA) to prepare and submit a detailed conceptual plan with grades for Block 105, which also shows the relationship to Blocks 107 & 108. The plan shall ensure that the area has a useable park area, with features that are aesthetically pleasing and complement the abutting valley lands and Street A, and that are safe for public use, all to the satisfaction of the Municipality of Clarington. 14. The study entitled "Lower Bowmanville Creek Preliminary Bank Stabilization Measures" shall be updated by the Owner to reflect the current conditions of the Bowmanville Creek prior to final approval. The study shall also be revised to include the Recommendations contained in the "Slope Stability Assessment" study dated September 1994, by Peto McCallum Ltd., all to the satisfaction of the Municipality of Clarington. 15. The Owner shall retain a professional engineer to prepare an Engineering Report, which demonstrates that erosion control and stream bank stabilization measures identified in the reports identified in Draft Condition No. 14 can be implemented for this revised plan to the satisfaction of the Municipality of Clarington and Central Lake Ontario Conservation Authority. 16. The Owner shall be responsible for 100% of the costs, financial or otherwise for the identified erosions control and stream bank stabilization measures on Part 4, 40R- 21286 that are deemed necessary by the Central Lake Ontario Conservation Authority and the Director of Engineering Services prior to the issuance of the first building permit. 17. The Owner shall be retain a qualified consultant to prepare and submit a detailed Tree Preservation Plan to the satisfaction of the Municipality of Clarington. 18. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 641 ~ j 19. The Owner shall submit plans showing the proposed phasing to the Region and Municipality for review and approval if this subdivision is to be developed by more than one registration. 20. 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 charges pursuant to the Development Charges Act is any are required to be paid by the Owner. 21. The Owner shall provide and install sidewalks, streetlights, temporary turning circles, signage etc. as per the Municipality's standards and criteria. 22. The Owner shall cause all utilities, including hydro, telephone, cable TV, etc. to be buried underground. 23. The Owner shall assume all the costs for prOVISion, installation and location of community mailboxes to service this development, in a manner satisfactory to the Director of Engineering Services. 24. The applicant must enter into a Subdivision Agreement with the Municipality of Clarington and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to the requirements that follow. 25. The Owner shall provide the Municipality, at the time of execution of the Subdivision Agreement, an unconditional and irrevocable Letter 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. 26. The Owner agrees that prior to 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. 27. No building permit shall be issued for the construction of any building on any residential lot on said plan, until the exterior architectural design of each building and the location of the building on the lot has been approved by the Municipality of Clarington. 28. The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the costs for the "Municipality's Control Architect" to review and approve all proposed models to the satisfaction of the Director of Planning Services. 29. No residential units shall be offered for sale to the public on said plan until such time as the exterior architectural design as noted in Condition No. 28 of each building has been approved by the Director of Planning Services. 642 ~ I 30. The development requires the reconstruction of Hunt Street from Baseline Road to Albert Street. The development may not proceed until such time that the municipality has approved the 2004 Capital Budget and Four Year Forecast. Provision must be made in the 2004 budget for the reconstruction of Hunt Street from Baseline Road to Nelson Street - Part "A" of the reconstruction project. Additionally, the construction contract will include Part "B:, the reconstruction of Hunt Street from Nelson Street to Albert Street including any improvements to the intersection of Hunt Street and Nelson Street/Street "A", stormwater improvements and sidewalk improvements deemed necessary by the Director of Engineering Services. 31. The cost of Part "B" will be invoiced by the Municipality to the Owner at the time of construction. The Municipality will reimburse the owner 50% of the cost of Part "B" in 2006, subject to Council's approval in 2006. 32. The Owner shall carry out a cultural heritage resource assessment of the development areas of the subject property and any portion of land on Part 4, 40R-21286 which may be disturbed as a result of the erosion control and back stabilization measures to be undertaken in accordance with Draft Conditions 14 and 15. The Owner shall undertake mitigation andlor salvage excavation of any significant heritage resources to the satisfaction of the Regulatory and Operation Group of the Ministry of Culture Tourism and Recreation. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the Regulatory and Operations Group of Culture, Tourism and Recreation. 33. Prior to anyon-site grading or construction or final approval 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 storm water flow from the site, including use of storm water techniques which are appropriate and in accordance with the provincial "Urban Drainage and Design Guidelines", April 1987, and "Interim Stormwater Quality Control Guidelines for New Development, May 1991. b) The anticipated impact of the development on water quality, as it relates to fish and wildlife once adequate protective measures have been taken; c) The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial " Guidelines on Erosion and Sediment Control for Urban Construction Sites" and the Technical Guidelines -Erosion and Sediment Control." 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. d) Site soil conditions, including grain size distribution profiles; and e) Site grading plans. 643 '1<...-. i:. .. 34. The Owner shall submit detailed plans regarding alterations to the watercourse to the Central Lake Ontario Conservation Authority and the Municipality of Clarington Engineering Services Department. Any proposed alterations require an application under the Lakes and Rivers Improvements Act for review and approval by the Authority. Three copies of the detailed plans are to be submitted in conjunction with the requirements of Draft Condition 34. 35. Prior to any grading, including the rough grading of roads, or any works abutting or in the channel of the Bowmanville Creek, or prior to final approval of this play, the Owner shall obtain the Central Lake Ontario Conservation Authority's written approval of the following: a) The erosion and sedimentation controls to be implemented during the grading phase of development; b) A geotechnical and biological assessment of existing and potential creek channel and valley wall erosion and instability, including areas of the proposed water quality treatment pond, which denotes those areas which require restoration to maintain/enhance slope stability and/or the physical and biological integrity of the riverine ecosystem, the means intended to achieve the desired rehabilitation, and the means intended to satisfy Authority requirements for setbacks from the valley top of bank. Revisions to the draft plan may be required to implement the recommendation of the approved creek channel and valley wall stability report and/or setback requirements; and c) Plans which portray minor and major storm flow routing within the plan, which take all extemal drainage areas into account, and the locations of the storm outfall pipe/channel within the creek valley the storm outfall and the related creek/valley erosion protection works. 36. Prior to final approval, the Owner shall obtain Central Lake Ontario Conservation approval of the staking in the field and plotting on a copy of the subject draft plan of subdivision, the stable-slope line intercept with tableland which will result from the intended re-grading and protection of erosion-prone areas of the valley wall, the western boundary of Blocks 104, 105, 106, 109 and 110 and Lots 1 to 26, and the western and southern boundaries of "Street A". 37. Prior to final approval, the Owner shall provide the Central Lake Ontario Conservation Authority with written verification through an engineering report prepared by qualified engineer that: i) With the exception of Blocks 109 and 110 all portions of lots/blocks intended for development and Street "A" have been raised and appropriately compacted to at least the elevation of 83.33 metres, referenced to Central Lake Ontario Conservation flood line mapping, and that fill removal required by the Central Lake Ontario Conservation Authority to offset filling within the floodplain within the plan has been completed, and relevant areas stabilized and protected from erosion; and 644 ~" . ii) No basements in any future buildings on the site will be prone to flooding as a result of surcharging of the storm sewer system under regional storm conditions. 38. 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 sewers and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements 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. 39. 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 and other local services. This subdivision agreement shall address improvement works to roads and sidewalks necessary to facilitate this development including matters such as the reconstruction of Hunt Street from Baseline Road to Albert Street including intersection, stormwater and sidewalk improvements. 40. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply capacities are available to the proposed subdivision. 41. 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 Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 42. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to carry out, or cause to be carried out, site grading, sedimentation control, and creek channel and valley slope rehabilitation to the satisfaction of Central Lake Ontario Conservation Authority; b) The Owner agrees that no filling, grading or alteration to the watercourses shall occur on the property without the prior written approval of Central Lake Ontario Conservation. c) The Owner agrees that Blocks 109 and 110 shall be developed in accordance with a site plan(s) acceptable to Central Lake Ontario Conservation, which indicates existing and proposed grades, erosion control, setbacks from the valley top of bank, the location of all buildings and structures and vegetation; d) The Owner agrees that, prior to the issuance of a building permit for any of Lots 1 to 26 inclusive, the Municipality shall be in receipt of written verification from 645 ..... . . Central Lake Ontario Conservation that it has received written confirmation from a qualified engineer that the lot areas have been rough graded to at least the elevation of 83.33 metres, referenced to Central Lake Ontario Conservation f100dline mapping; e) The Owner agrees to carry out the works referred to in Conditions 34 to 37 to the satisfaction of the Central Lake Ontario Conservation Authority; f) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority; and g) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation of anyon-site works. 43. 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) The Regional Planning Department, how Conditions 9, 18, 19, 38, and 41 have been satisfied; b) The Ministry of Culture, Tourism & Recreation, how Condition 32, has been satisfied; c) Central Lake Ontario Conservation Authority, how Conditions 14, 15, 16, 33, 34, 35,36,37 and 42 have been satisfied. 44. That the Owner supply on disk, in a CAD format acceptable to the Municipality, a copy of the proposed Plan of Subdivision as Draft Approved. 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. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 646 . v... ; 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: i) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario L 1 H 3T 3 (905) 579-0411 ii) Region of Durham Works Department, 105 Consumers Drive, Whitby Ontario L 1 N 6A2 (905) 668-7721 iii) Ministry of Culture, 400 University Avenue, 4th Floor, Toronto, Ontario, M7A 2R9. 647 ~.'..... , CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW NUMBER 2004. being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarlngton deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement proposed draft Plan of Subdivision 18T - 93008 NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule 3 to By-law 84-63 as amended is hereby further amended by changing the zone designation from: "Holding-Urban Residential Type One ((H) R1) Zone" to "Environmental Protection (EP) Zone"; "Holding-Urban Residential Type One ((H) R1) Zone" to "General Industrial Exception (M2-1) Zone"; "Holding -Urban Residential Type One ((H) R1) Zone" to " Holding-Urban Residential Type Two ((H) R2) Zone"; "Holding -Urban Residential Exception ((H) R2-6 Zone" to " Urban Residential Type Two (R2) Zone"; "Holding - Urban Residential Exception ((H)R 2-7) Zone" to "Urban Residential Type Two (R2) Zone; "Holding - Urban Residential Exception ((H) R3-14) Zone" to" Urban Residential Type Two ((R2) Zone; "General Industrial Exception (M2-1) Zone" to "Hoiding - Urban Residential Type Two ((H) R2) Zone; and "General Industrial Exception (M2-1) Zone" to" Urban Residential Type Two ((R2) Zone. 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2004 BY-LAW read a second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 648 ATTACHMENT 5 ~. ~,-.. This is Schedule II A.. to passed this day of By-law 2004- , 2004 A.D. , "" / ~ // /-< / </'y / -/(;'" /'y / /".. .// "'-/ ". ~/ .' / - /"'/~ .., - "-:-::<", -L.... /".-:-'y~ /". ~ -'" "'-/ ". - - ..., / ". ". V( )., ,""'.. .,&"" .....<>;. ,>- /' / .,.,~~ ~- I':~::,:'I Zoning Change From "(H)R1" To "EP" ~ Zoning Change From "(H)R2-6" To '''R2'' ~ Zoning Change From "(H)R1" To "M2-1" lIJIll Zoning Change From "(H)R2-7" To "R2" o;:;rn Zoning Change From "(H)R1" To "(H)R2" I2ZZJ Zoning Change From "(H)R3-14" To "R2" ~ Zoning Change From "M2-1" To "(H)R2" 1"'-----1 Zoning Change From "M2-1" To "R2" Patti L. Barrie. Municipal Clerk BOWMANVILLE ~ 649 John Mutton, Moyor