HomeMy WebLinkAboutPD-39-95DN: 970973.GPATHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
P U B L I C M E E T I N G
ID t) (i
Meeting: General Purpose and Administration Committee File ## b
Tuesday, April 18 1995
Date: y � P � Res. #� -
PD -39 -95 OPA 93 -004 /C (X -REF: 18T -93008
Report #: File #: & D�gL3 -032 ) By -law #
Subject: REZONING APPLICATION - 970973 ONTARIO LIMITED
PART LOT 11 & 12, CONCESSION 1, FORMER TOWN OF BOWMANVILLE
FILE: OPA 93 -004 /C (X -REF 18T -93008 & DEV 93 -032)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -39 -95 be received;
2. THAT application to amend the Official Plan of the former Town
of Newcastle, submitted by Weston Larkin on behalf of 970973
Ontario Ltd. be approved as contained in Attachment No. 2 and be
forwarded to the Commissioner of Planning for the Region of
Durham for approval;
3. THAT application for a proposed Plan of Subdivision submitted by
Weston Larkin on behalf of 970973 Ontario Ltd. be approved
subject to the conditions contained in attachment 3 hereto;
4. THAT application to amend the Comprehensive Zoning By -law 84 -63,
as amended, of the former Town of Newcastle submitted by Weston
Larkin on behalf of 970973 Ontario Limited be approved subject
to section 24(2) of the Planning Act and that the "Holding (H)"
symbol be removed by By -law upon execution of a Subdivision
Agreement.
5. THAT the Mayor and Clerk be authorized, by by -law, to execute a
Subdivision Agreement between the owner and the Municipality of
Clarington at such time as the agreement has been finalized to
the satisfaction of the Director of Public Works and the
Director of Planning and Development;
6. THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1 APPLICATION DETAILS
1.1 Applicant: 970973 Ontario Limited
1.2 Agent: Weston and Associates
1.3 Local Official Plan Amendment Application:
from "Industrial" to "Residential"
J
....2
REPORT NO. PD -39 -95 PAGE 2
1.4 Rezoning Application:
from "General Industrial Exception (M2 -1) ",
"Environmental Protection (EP)" and "Holding -
Urban Residential Type One ((H)R1)" to an
appropriate zone to permit the development of 123
residential units.
1.5 Proposed Plan of Subdivision:
to permit the development of 40 single family
dwelling units, 3 triplex dwelling units, 20
quadruplex dwelling units, 60 on- street townhouse
dwelling units, for a total of 123. In addition,
the plan contains a 3.653 ha future development
block, a 1.24 ha park and a 23.12 ha open space
block.
Land Area: total land area is 33.436 ha
2. LOCATION
2.1 The subject land holdings are located in Part Lot 11 and 12,
Concession 1, of the former Town of Bowmanville. The property
has 404 metres of frontage on the north side of Baseline Road,
approximately 717 metres of frontage on the east side of Spry
Avenue, is south of the Goodyear property and Durham Street
extension and west of existing residential development fronting
on Hunt Street (see Attachment No. 1).
3 EXISTING AND SURROUNDING USES
3.1 There are two existing dwellings and three accessory structures
on the lands presently.
3.2 Surrounding land uses are as follows:
South: Baseline Road and vacant land
East: Hunt Street and existing residential
neighbourhood
North: Goodyear plant
West: Spry Avenue and existing residential
neighbourhood .... 3
7
REPORT NO. PD -39 -95 PAGE 3
4. BACKGROUND
4.1 The above referenced property is subject to three applications.
The first application is the proposed change in land use
designation in the Municipality's Official Plan from an
industrial designation to a residential designation with a
medium density symbol. The second application is for approval
of the proposed Plan of Subdivision containing a total of 123
units. The third application is to rezone the subject property
from predominantly "M2 -1" and "EP" to appropriate residential
zones to implement the proposed plan of subdivision.
4.2 The applications were originally received by the Planning and
Development Department in August of 1993. In April of 1994, a
revised proposal was submitted which gave consideration to some
design changes such as a grid road network and greater access to
the Bowmanville Creek Valley. A second Public Meeting was held
in July after receipt of the revised application.
4.3 Public Meetings for the above referenced applications were held
in October of 1993 and July 1994. At these meetings several
residents spoke in opposition to the proposed development. In
summary their concerns are:
• protection of the environment and potential damage to the
ecosystem and destruction of the wildlife habitat;
• potential impact of development on fish habitat in the
Bowmanville Creek;
• impact from the development on schools, existing
infrastructure and roads;
• need for the community to have green areas within the urban
area; and
s the impact on tourism and employment.
The residents believe the entire land holdings should be left in
their natural state for enjoyment by the public, and suggested
that Council purchase the property and promote it for passive
recreational opportunities. •• .. 4
REPORT NO. PD -39 -95 PAGE 4
4.4 As a result of the residents' concerns meetings were held in
August and September with the proponent's planning consultant
and architect, a representative group of area residents and
Staff to the concerns raised. It is Staff's understanding that
most of the concerns have been addressed by the applicant and
the Municipality.
5 PUBLIC NOTICE AND RESPONSE
5.1 Pursuant to the requirements of the Planning Act, notice of this
Public Meeting was published in the Canadian Statesman on
Wednesday March 15, 1995, which satisfies the minimum 30 day
requirement. In addition, personal notices were sent to those
individuals who registered their concerns at previous public
meetings.
6 OFFICIAL PLAN POLICIES
6.1 Within the Durham Regional Official
designated "Living Area" and
"Environmentally Sensitive Areas ".
lands proposed for residential deve
the Living Area designation.
Plan the subject property is
"Major Open Space" with
It would appear that the
tlopment are contained within
6.2 The policies of the living area designation suggest development
is to incorporate the widest possible variety of housing types,
sizes and tenure and that they shall be developed in a compact
form through higher densities and by intensifying and
redeveloping existing areas. The application is in conformity.
6.2 Within the Official Plan of the former Town of Newcastle the
subject lands are designated "Industrial" in the north east
corner, "Low Density Residential" in the south west corner and
"Major Open Space" and "Hazard Lands" over the balance of the
lands. On the Environmental Sensitivity Schedule (Schedule 7-
3), the lands designated major open space and hazard land are
shown to be "Environmentally Sensitive ". .... 5
REPORT NO. PD -39 -95 PAGE 5
6.3 The lands proposed for the residential development are not
currently included within an existing neighbourhood but rather
are designated industrial contrary to the Durham Region Official
Plan.
6.4 The major open space designation comprises those lands below the
topographic break in the slope of the valley associated with the
Bowmanville Creek. The hazard land indication policies suggest
such areas shall be primarily for the preservation and the
conservation of the natural land and /or environment. The extent
and exact location of this indication shall be identified in the
zoning by -law in accordance with detail flood line, soil and
contour mapping in consultation with the Conservation Authority.
The lands subject to the proposed residential development have
recently been approved for a cut and fill program that will
ensure the development is completely above the top -of -bank and
therefore beyond the limits of the major open space designation.
6.5 The Municipality's Official Plan requires an environmental
impact analysis for development of any lands identified as
environmentally sensitive. The study is to be done to the
satisfaction of the Town, the Region, the Conservation Authority
and the Ministry of Natural Resources. As the proposal is
adjacent to such an extensive portion of the Bowmanville Creek,
an environmental impact study was requested and prepared.
7 ZONING
7.1 The current zoning on the subject property is "General
Industrial (M2 -1)11, "Environmental Protection (EP)" and "Urban
Residential Type One - Holding ((H)R1) ". The area of the
proposed development is within the industrial and environmental
protection zones which would not permit the proposed residential
applications.
....6
;�IU
REPORT NO. PD -39 -95 PAGE ,6
8 AGENCY COMMENTS
8.1 The applicant has submitted various supporting documentation in
support of the current proposal. These reports have been
circulated to the appropriate agencies for review and comment.
The documentation submitted includes:
• Lower Bowmanville Creek Stabilization Measures
• Lower Bowmanville Creek - Bow Creek Subdivision -
Environmental Impact Study
• Slope Stability Assessment Proposed Development Hunt
Street and Nelson Street
• Servicing Report Bow Creek Subdivision
• Hunt Street Residential Traffic Impact Study
• Chemical Test Results (Soil Study)
• Noise Impact Study
Addendum letters to some of these documents were prepared as
required to address the concerns of the reviewing agency.
8.2 In accordance with departmental procedure the applications as
revised were circulated to agencies and departments for comment.
The Fire Department and the Northumberland - Clarington Board of
Education and the Peterborough Victoria Northumberland
Clarington School Board all provided no objection to the
proposal, while the Ministry of the Environment advised that
they will not provide comments to the local Municipality on the
Official Plan Amendment, however they did provide comment on the
proposed plan of subdivision, circulated by the Region.
8.3 Clarington Hydro and the C.N.R were not circulated on the
revised application, as their previous comments remain
applicable. Clarington Hydro staff advised that should the
application be approved a new hydro feeder line will have to be
built along Hunt Street at the developer's cost. C.N. Railway
officials advised that the proposed development being adjacent
to the Bowmanville Town Spur line, will be expected to comply
....7
REPORT NO. PD -39 -95 PAGE 7
with their Tertiary Branch Line Requirements. The requirements
deal with warning clauses, setbacks from the railway, fencing
and drainage.
8.4 Community Services Staff have advised they will accept Block 60
as the parkland dedication, provided that the entire site is
above the top of bank and outside of the flood plain. In
addition to the parkland dedication, block 62 is to be dedicated
to the Municipality gratuitously for passive recreational
opportunities. The developer is responsible for any
stabilization work which may be required prior to the
dedication. The developer will be required to undertake a tree
preservation plan for the lands to be developed, as well as a
landscaping plan for the stormwater management pond to ensure
compatibility with both the residences and the valley system.
8.5.1 Public Works Department have reviewed the application and
the applicable supporting documentation and offer no
objection to the proposed development subject to conditions
of draft approval. Site servicing reports were reviewed
and the proposed storm sewer design is considered
acceptable and note the final design should be in
accordance with Municipality's Design Criteria and Standard
Drawing . The criteria used by the consultant for the
capture and treatment of the first flush, and design of the
extended detention pond for quality control of stormwater
is acceptable in principle as described. The detailed
engineering design of the facility should incorporate
features that complement the facility location abutting the
valley lands and street A, creating an aesthetically
pleasing and safe facility.
8.5.2 Public Works Staff assessment of the Traffic Study found
the assumptions made in the report to be reasonable and
....8
REPORT NO. PD-39-95 PAGE 91
support the findings of the study. Public Works Staff
provided a cautionary comment that the traffic consultants
assume the reconstruction of Hunt Street will begin in 1998
as contained in the 1994 budget and Four Year Forecast.
This has no firm commitment and is subject to change,
however, this does not detract from the conclusions of the
study.
8.5.3 Staff suggest that the railway crossing require the
installation of lights and bells, in addition to the cross
bucks and advance warning signs, for the vehicular access
at Nelson Street and the pedestrian access at Albert
Street.
8.5.4 The structural integrity of the roads was not addressed in
the reports, however this matter does require
consideration. Public Works Staff, together with the
applicants engineer completed an assessment of the external
streets affected by the servicing of this development. It
was concluded the Municipality will be required to
reconstruct Nelson Street to an urban cross - section,
including sidewalks on the north side from Hunt St to
Ontario St. The Municipality will be required to
reconstruct Hunt Street to an urban cross - section,
including sidewalks from Nelson St southerly to Baseline
Rd. The applicant shall be responsible for reconstructing
the intersection of Hunt Street, Nelson Street and the
future Street A. The works to be undertaken by the
Municipality are included in the Development Charge By -law.
8.5.5 The erosion control works identified in.the Ecologistics
Limited, July 29, 1994 report are considered acceptable and
will be considered as works required to be performed by the
proponent prior to the transfer of the open space block.
....9
REPORT NO. PD -39 -95 PAGE 9
8.6.1 Regional Planning Staff have advised that the subject
property is designated both "Living Area" and "Major Open
Space" in the Durham Official Plan. The limits of the
designations shall be defined in the local Official Plan
and Zoning By -law with the assistance of the Conservation
Authority and the Ministry of Natural Resources.
8.6.2 The proposal to redesignate from industrial to residential
in the local plan is in conformity with the Regional Plan
provided policies are incorporated having regard for
compact urban form, good urban design principles, grid
pattern of roads, pedestrian access, parks and school
facilities, the feasibility of expanding the existing
municipal service infrastructure and the balance between
energy efficiency and cost.
8.6.3 Municipal water supply can be provided to the site.
Watermain easements will be required crossing the CPR
lands, to extend services from Hunt Street. Municipal
sanitary sewers are available from Baseline Road and a 6
metre easement is required along block 62. Servicing for
future development block 59 is not a problem, however
details for the future development should be provided to
Regional Works Staff. An 8.22 metre road widening is
required along Baseline Road.
8.7 The Central Lake Ontario Conservation Authority had extensive
dialogue with the various consultants during their review of the
applications and the technical reports. Authority Staff have
requested various revisions, confirmations and clarifications to
the technical reports submitted, however they have no objection
to the applications subject to various conditions of draft
approval. One of the conditions of approval which the
Municipality has some concerns with is the Conservation
....10
A
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REPORT NO. PD -39 -95 PAGE 10
Authority staff's request that the valley land and setback areas
be dedicated to the Authority. This is contradictory to the
position of the Community Services Department which would like
to see the Bowmanville valley area come under the Municipality's
ownership.
8.8 The Ministry of Natural Resources have reviewed the application
and advised the subject property contains a portion of the
Bowmanville Creek which supports a cold water fisheries
resource. It was noted that proper stormwater management
techniques and erosion and sedimentation control measures are to
be employed on site both during and after construction. They
advised that maintaining a buffer strip of natural vegetation
adjacent to the watercourse is essential in providing protection
from negative impacts which may result from development. The
Ministry has no objection to the proposed official plan
amendment subject to inclusion of provisions for a vegetative
buffer strip along the stream banks of the Bowmanville Creek.
Said vegetative buffer strip is to be a minimum of 30 metres
along both stream banks, or to top of bank, which ever is
greater. The buffer strip shall be zoned 'Environmental
Protection'. Furthermore, upon review of the supporting
documentation and meeting with the consultant, MNR staff have no
objection to the subdivision application being considered
subject to the inclusion of their conditions of draft approval.
8.9 The Ministry of the Environment comments to the Region of Durham
on the proposed plan of subdivision advised that previous uses
of the site include a cannery, parts storage by General Motors,
and fertilizer storage. Therefore, a soil study was required in
accordance with the Ministry's Guideline for the Decommissioning
and Cleanup of Sites in Ontario. A report was submitted and
reviewed by the Ministry, after which the Ministry staff advised
they have no objection to the approval of the proposed draft
plan of subdivision. ....11
. i .1
REPORT NO. PD -39 -95 PAGE 11
8.10 The Ministry of Culture, Tourism and Recreation identified the
subject lands as having a high potential for the discovery of
archaeological remains. Accordingly they recommended that an
archaeological assessment should be completed prior to any earth
disturbance as a condition of draft approval. The
Archaeological assessment must be conducted by archaeological
consultant licensed pursuant to the Ontario Heritage Act. This
requirement is incorporated in the conditions of approval.
9 STAFF COMMENTS
9.1 The applicant is proposing to develop 123 units over
approximately 6.496 ha of a 33.436 ha parcel of land and retain
2.19 ha for future development. The remaining 24.75 ha is
proposed to remain as an open space block to be dedicated to a
public agency.
9.2 Municipal Acquisition
9.2.1 In response to the presentations to G.P.A. at the July 4,
1994 public meeting for the subject lands, Committee passed
a resolution requiring the Chief Administrative Officer to
investigate the possibility of a land purchase or exchange
for the subject property. During the summer months of
1994, the C.A.O. met with the owner to discuss the
potential of the Municipality purchasing the land.
However, the value requested by the owner, for the
acquisition of the land, was considered to be beyond the
financial capability of the Municipality to purchase for
park purposes.
9.3 Residents concerns
9.3.1 Numerous objections to the application were heard by G.P.A.
at the previous two public meetings, in addition letters of
objection were received by staff. The objections centred
on sensitivity of the Bowmanville creek lands and the
....12
REPORT NO. PD -39 -95
PAGE 12
potential impact and intrusion this development will have
on the natural environment. Area residents requested that
the lands remain open and accessible to the public.
9.3.2 In response to the number of delegations before G.P.A.
objecting to the proposed applications, two meetings were
held with a representative group of area residents, the
applicant's consultants and staff. The second meeting
focused on eight (8) key objectives of the residents group.
As a result of the two meetings revisions to the
subdivision design were made to increase the setback from
the creek and to delete a future development block adjacent
to Spry Avenue. With respect to the Bowmanville Creek
valley, Staff agreed with the residents that it is best to
leave the valley land in its natural state with certain
passive recreational opportunities. In this regard, the
residents group requested the Municipality to impose a
condition of approval which would maintain community
representation active in future phases of the proposal,
specifically dealing with the development of the open space
block. Similarly the residents group were generally in
agreement with the measures proposed to be taken to protect
the creek lands and environmentally sensitive areas.
9.3.3 The density of the proposal became the one objective where
a satisfactory compromise could not be achieved. This
issue is addressed later on in the report.
9.4 Environmental Issues
9.4.1 The Environmental Impact Study prepared by Ecologistics in
May 1994 identified three main reasons that the Lower
Bowmanville Creek was designated an Environmentally
Sensitive Area in the Durham Regional Official Plan:
• the sensitivity of the valley bottom, and its importance in
river hydrology; ....13
st I
7
REPORT NO. PD-39-95 PAGE 13
® the presence of a warm water sport fishery and a spring
spawning run of rainbow trout and coho salmon; and
® the presence of the Bowmanville First Marsh as an important
staging area for migratory waterfowl, and as habitat for an
uncommon species of reptile.
9.4.2 The report suggests that the vegetation observed on -site is
not considered to be provincially or regionally rare plant
type. Similarly no rare or significant species of birds,
mammals, reptiles or amphibians were observed on -site and
none have been reported from the study area.
9.4.3 The area subject to development applications is a plateau
which is relatively flat and dominated by open fields,
scrub and immature second growth stands. The consultants
do not believe the subdivision "will result in the loss of
any high quality or wooded stands ". Concerns regarding
bank erosion along the creek were identified by the review
agencies. These issues have been addressed in a bank
stabilization report approved by the M.N.R., C.L.O.C.A. and
the Municipality's Public Works Department. The most
significant impact to the sensitive features of the lands
will be through the construction of a sanitary sewer and
stormwater discharge. The consultant has provided
recommendations to be implemented to ensure that
construction and post - construction impacts of the
development have no off -site impacts to the natural
features.
9.4.4 Comments from both the Conservation Authority and the
Ministry of Natural Resources are supportive of the
development based on the technical reports submitted and
subject to conditions of approval. The Ministry of Natural
Resources have requested that the Official Plan Amendment
....14
REPORT NO. PD-39-95 PAGE 14
specifically contain wording with respect to the minimum
setback requirement for the development as shown on the
proposed draft plan. Staff have included the appropriate
wording in the amendment to accommodate this request.
9.5 Sensitive Land Use Guidelines
9.5.1. Although the Ministry of the Environment has not provided
comments on the official plan amendment, staff have
included wording in the amendment to ensure development
within the residential designation is appropriately
buffered from the Goodyear operation in accordance with the
Ministry's sensitive land use guidelines. The proposed
draft plan maintains a 150 metre buffer for this purpose.
9.6 Appropriateness of the Proposed Use
9.6.1 The applicant is proposing to redevelop vacant lands
previously used for such industrial activities as a
cannery, storage and warehousing. Although the lands are
currently designated industrial in the Municipality's
Official Plan, this is not in conformity with the Durham
Regional Official Plan. In consideration of the Ministry
of the Environment industrial separation policy, industrial
development would be difficult to accommodate in abutting
the existing residences on Hunt Street. The surrounding
neighbourhood with the exception of the Goodyear lands is
all residential. An industrial use on these lands would
generate truck traffic through the existing grid of local
residential roads which is not considered compatible or
appropriate to the surrounding residential.neighbourhood.
Staff support the proposed change from industrial to
residential.
9.6.2 The 123 units proposed has an overall net density of 39.5
units per net ha. The 40 single family dwelling units
....15
REPORT NO. PD -39 -95 PAGE 15
provide a density of 26.7 units per net ha, falling within
the low density category, while the balance of the
development has a density of 51.3 units per net ha, thereby
complying with the medium density range. Redesignation of
these lands to permit residential development will require
the addition of a medium density symbol as well as a
reconfiguration of the adjacent neighbourhood boundary and
changes to the population targets.
9.6.3 The density of the site is higher than the surrounding
neighbourhood which is comprised of many larger frontage
residential lots. The density proposed however, does not
compare with the previous application by Masthead which
proposed over 550 units. The housing mix and density
proposed for this development is similar to other
applications supported by Council in other developing areas
of Bowmanville. In addition, the Durham Regional Official
Plan policies require communities to be developed providing
• variety of housing types, sizes and tenure and maintain
• compact urban form through higher densities and by
intensifying and redeveloping existing areas. Provincial
policy on housing, as reflected in the policies of the
Municipality's Housing Statement and Official Plan,
requires a mix of housing form and a minimum 25% of all new
units, in each urban area, to be affordable as defined by
Provincial affordability criteria.
9.6.4 The development although providing infilling in an
established area of Bowmanville is partly segregated from
the existing residential community by the CNR Spur Line.
The development provides a modified grid pattern and has
been designed to provide larger singles (13 to 14 metre
frontages) at the east end of the site closest to existing
residents. Street "A" is a one -sided road, thereby
providing a large frontage to the park block and good
access and vistas to the creek lands. ....16
REPORT NO. PD -39 -95 PAGE 16
9.6.5 The proposal embraces some of the concepts contained in the
Province's Alternative Development Standards Guideline.
The development provides a concentrated residential
component and a large area of open space. Furthermore, the
proponent is requesting the zoning by -law be drafted to
recognize reduced exterior side yard setback requirements.
10 CONCLUSION
10.1 In consideration of the comments provided by the various
commenting agencies, the meeting undertaken with the residents
group and the comments presented by Staff, it is recommended the
official plan amendment be approved, the proposed draft plan of
subdivision be recommended for approval subject to the
conditions of draft approval attached hereto and that the zoning
by -law amendment be approved and the by -law not come into force
until such time the Official Plan Amendment is approved by the
Region of Durham.
Respectfully submitted,
sy
C)
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
CP *FW *cc
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Attachment No. 1 - Key Map
Attachment No. 2 - Proposed Official Plan Amendment
Attachment No. 3 - Conditions of Draft Approval
Attachment No. 4 - Zoning By -law Amendment
10 April 1995
Interested parties to be notified of Council and Committee's decision:
970973 Ontario Limited Weston and Associates
82 Beechwood Avenue 64 Jardin Drive, Unit 7
NORTH YORK, Ontario CONCORD, Ontario
M2L 1J5 L4K 3P3
....17
REPORT NO. PD -39 -95 PAGE 17
Iain Maciver
7 Hetherington Drive
BOWMANVILLE, Ontario L1C 3P9
John and Evelyn Large
14 Park Street
BOWMANVILLE, Ontario
LIC 1B4
Alan Potter
28 Hunt Street
BOWMANVILLE, Ontario
LIC 2W7
Mark Battle
25 Hunt Street
BOWMANVILLE, Ontario
L1C 2W8
Linda Embree
78 Lawrence Avenue
BOWMANVILLE, Ontario L1C 1J5
Mrs A. Rerecich
80 Parklane Circle
BOWMANVILLE, Ontario
L1C 3V9
Robert and Bernice Pearse
22 Bridle Path
BOWMANVILLE, Ontario
L1C 3W1
Jeff Gavey
75 Parklane Circle
BOWMANVILLE, Ontario
L1C 4K9
Ed Reid
Lance Thornton
Ontario Federation of Anglers
34 John Scott
and Hunters
BOWMANVILLE, Ontario
P.O. Box 2800
L1C 4K9
PETERBOROUGH, Ontario
K9J 8L5
Denis Kavanagh
68 Spry Avenue
Scott Young
BOWMANVILLE, Ontario
10 Spry Avenue
L1C 3Y3
BOWMANVILLE, Ontario
L1C 3T3
Fred Tippins
13 Park Street
Nancy Armstrong
BOWMANVILLE, Ontario
19 Loscombe Drive
L1C 1B3
BOWMANVILLE, Ontario
L1C 3S8
George Smith
14 The Briddle Path
Rienne Bruce
BOWMANVILLE, Ontario
17 Loscombe Drive
L1C 3W1
BOWMANVILLE, Ontario
L1C 3L8
Rick Dankmeyer
4 Loscombe Drive
David Lawson
BOWMANVILLE, Ontario
111 Cedar Crest Beach
LIC 3Y1
P. 0. Box 44, Group 5
BOWMANVILLE, Ontario
Lorna Miller
L1C 3K3
2936 Highway No. 2
BOWMANVILLE, Ontario
Karl Fliesser
18 Briddle Path
Mark Pengelly
BOWMANVILLE, Ontario L1C 3W1
35 Nelson Street
BOWMANVILLE, Ontario
Evylin Stroud
89 Little Avenue
BOWMANVILLE, Ontario L1C 1J9
L1C 1E4
n
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ATTACHMENT #1
ATTACHMENT #2
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PURPOSE: The purposes of this Amendment is:
a) to extend the boundary of Bowmanville Neighbourhood
1A to include a 9.87 ha (approximate) parcel of land in
Part Lots 11 and 12, Concession 1, former Town of
Bowmanville;
b) to designate the lands subject to this Amendment for
Medium Density Residential and a Neighbourhood Park
on the west side of Bowmanville Creek.
LOCATION: The lands subject to this Amendment are located on the north
side of Baseline Road, on the east side of Spry Avenue and the
west side of the Hunt Street, being Part of Lots 11, and 12,
Concession 1, former Town of Bowmanville, now in the
Municipality of Clarington.
BASIS: This Amendment is based on Official Plan Amendment 93 -004 /C
which seeks to designate the subject lands for medium density
residential uses. The Amendment is also based on an
assessment of technical documents supporting the proposed
uses.
ACTUAL
AMENDMENT: The Official Plan of the former Town of Newcastle is hereby
amended by:
i) Amending the population target in Section
7.2.1(i)(c) from 43,200 to 43,600;
ii) Renumber 7.2.1.3(viii) to 7.2.1.3(ix) and adding a
new 7.2.1.3(viii) as follows:
7.2.1.3(viii)
Due to the proximity of an existing industrial use,
no sensitive land uses shall be permitted on the
residentially designated lands south of the
Goodyear lands, between the Bowmanville Creek
and the Canadian National Railroad spur line within
150 metres of the required industrial zone setback."
Add a new subsection c) to 7.2.3.2 ii as follows:
"c) A vegetative buffer strip shall be provided
along the Bowmanville Creek, south of the
Goodyear lands and north of the Baseline
Road, having a minimum width of 30 metres
along both stream banks, or to top of bank
(whichever is greater). This vegetative
buffer strip shall be placed in the
Environmental Protection (EP) zone and
shall be maintained and enhanced in a
naturally vegetated condition."
iv) Amending 'Schedule 7 -1 - Land Use Structure
Plan, Bowmanville' as indicated in Exhibit 'A' to this
Amendment.
Exhibit 'A' attached hereto shall form part of this Amendment.
IMPLEMENTATION: The provisions set forth in the Official Plan of the former Town of
Newcastle, as amended, regarding the implementation of the
Plan, shall apply in regard to this Amendment.
INTERPRETATION: The provisions set forth in the Official Plan of the former Town of
Newcastle, as amended, regarding the interpretation of the Plan,
shall apply in regard to this Amendment.
Jc,
% 5,
EXHIBIT
"A'�
TO AMENDMENT •
TO THE OFFICIAL PLAN
OF
THE FORMER TOWN
OF NEWCASTLE
ATTACHMENT #3
1. That this approval applies to draft Plan of Subdivision 18T -93008
prepared by Weston Larkin dated (revised) January 17, 1995 and
further red -line revised showing Lots 1 to 40 inclusive for
single family detached dwellings, Blocks 41 to 51 inclusive for
townhouse dwellings, Block 53 for a triplex and Blocks 52 and 54
to 57 for Quadruplexes, Block 60 for park, Block 62 for open
space, Block 61 for water quality pond, and various blocks for
future development, pedestrian linkage and road widening.
FINAL PLAN REQUIREMENTS
2. That all streets within the Plan of Subdivision shall be
dedicated as public highway and shown as such on the final plan.
3. That all streets shall be named to the satisfaction of the
Municipality of Clarington and shown on the final plan.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. That the Owner shall retain a qualified landscape architect to
prepare and submit a Landscaping Plan to the Director of Public
Works and the Director of Planning and Development for review and
approval. The Landscaping Plan shall reflect the design criteria
of the Municipality as amended from time to time.
5. That the Owner shall retain a professional engineer to prepare
and submit a Master Drainage and Lot Grading Plan to the Director
of Public Works for review and approval. All plans and drawings
must conform to the Municipality's Design Criteria as amended
from time to time.
6. That the Owner shall retain a qualified consultant to prepare and
submit a Tree Preservation plan to the Director of Planning and
Development for review and approval.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
7. That the Owner shall enter into a Subdivision Agreement with the
Municipality 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.
8. That all easements, road widening, and reserves as required by
the Municipality shall be granted to the Municipality free and
clear of all encumbrances.
9. That the Owner shall dedicated Block 60 for park purposes.
• • • • • 0
10. That 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 Charge Act if any are
required to be paid by the owner.
11. That the Owner shall provide and install sidewalks, street
lights, temporary turning circles etc. as per the Municipality's
standards and criteria.
12. That the Owner shall cause all utilities, including, hydro,
telephone, Cable TV, etc. to be buried underground.
13. That the applicant assume all cost for the provision,
installation and location of Community Mailboxes to service this
development, in a manner satisfactory to the Director of Public
Works.
14 That 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.
15. That the Owner shall adhere to architectural control requirements
of the Municipality.
16. That prior to the issuance of building permits, the Owner shall,
through its acoustic engineer, provide a certification to the
Director of Planning, certifying that the Builder's plans are in
accordance with the Noise Control Report as approved by the
Ministry of the Environment and the Municipality of Clarington.
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 proposed storm sewer outfalls should be connected to the
storm sewer system in a manner satisfactory to the Director of
Public Works.
19. The detailed engineering design of the water quality facility
must incorporate features that complement the facility location
abutting the valley lands and Street "A" and make the area
aesthetically pleasing and safe for public use. A landscape plan
will be required for the facility forming part of the engineering
drawings.
• : :� FTV TM 71, M, I •
20. The future development of Block 58 will require an additional
access to Hunt Street.
21. This development cannot proceed until any and all improvement
works to roads and sidewalks, which are necessary to properly
facilitate this development have been included in the
Municipality's Development Charge Study, and until such time as
the Municipality has budgeted and allocated funds for all
necessary upgrades and improvements as listed below:
a. The reconstruction of Nelson Street to an urban cross -
section, including sidewalks on the north side, from Hunt
Street to Ontario Street. This project was included in the
Municipality's Development Charge By -law.
b. The reconstruction of Hunt Street to an urban cross- section,
including sidewalks, from Nelson Street southerly to
Baseline Road.
The reconstruction of Hunt Street will likely necessitate
the use of a road cross- section less than the standard 8.5
metres. This is as a result of the restrictive right of way
and the location of the railway spur line tracks to the
west. From our inspection, we could not determine the most
desirable location for the sidewalk. The most appropriate
location for a sidewalk will have to be determined in the
future when a preliminary design for Hunt Street is
available that addresses all issues related to the location
of the sidewalk.
22. The applicant is responsible to reconstruct the intersection of
Hunt Street, Nelson Street and the future access road to the
subdivision. This intersection must be designed to an alignment
and grade that provides a smooth transition from the subject
lands across railway tracks and connecting to Hunt Street and
Nelson Street, in a manner satisfactory to the Municipality. The
design of the intersection must carefully consider the existing
ditch and surface drainage of the intersection as well as the
future road grades.
23. The applicant is required to construct and /or install any works
or improvements not included in the Municipality's Development
Charge By -law (such as erosion protection, railway crossing
protection etc.), which are necessary for the connection of the
proposed services to the Municipality's existing infrastructures
and the development of the subdivision lands.
24. That the applicant be responsible for the installation of lights
and bells in addition to the cross bucks and advance warning
signs for the vehicular access at Nelson Street and the
pedestrian access at Albert Street.
• • • • • , •
179111103 • no I oil ikA 170 • ;,T_eJ 0 6
25. That the applicant's engineer prepares a Lot Grading and Drainage
Plan that details the configuration of the on -site storm sewer
system (minor system) and the conveyance of the overland flow
(major system) from this site.
26. That Block 62 (Open Space) be dedicated to the Municipality
gratuitously and that the applicant be responsible for
undertaking any bank stabilization work as identified by
Ecologistics Limited within this Block prior to the transfer of
said block.
27. That 8.22 m road widening across the total frontage of Baseline
Road be dedicated to the Municipality.
28. That the applicant be responsible for cost of constructing a new
13.8 kv feeder along Hunt Street to service the site.
29. That the applicant satisfy the requirements of C. N. North
America.
30. That the applicant satisfy the requirements of the Central Lake
Ontario Conservation Authority.
31. That the applicant satisfy the requirements of the Ministry of
Natural Resources.
32. That the applicant satisfy the requirements of the Ministry of
Culture, Tourism and Recreation.
33. That the residents group be contacted and have input into the
development of the open space block (Block 62.)
ATTACHMENT #4
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 95-
being a By -law to amend By -law 84-63, the Comprehensive Zoning By -law for the former Corporation of the
Town of Newcastle.
WHEREAS the Council of the Corporation of the Municipality of Clarington has recommended approval to the
Region of Durham of proposed draft plan of subdivision 18T- 93008, as revised.
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend
By -law 84-63, as amended, of the former Corporation of the Town of Newcastle to Implement the revised draft
Plan of Subdivision.
AND WHEREAS this by -law is passed in consideration of Section 24(2) of the Planning Act R.S.O. 1990, and
shall not come into effect until such time as the Region of Durham has approved O.P.A. No, 60.
AND WHEREAS the Council of the Corporation of the Municipality of Clarington in approving the application
deems it appropriate to incorporate a Holding (H) symbol on said lands which would be removed at such time
that the provisions of Section 3.9 within the Comprehensive Zoning By -law of the former Town of Newcastle
have been satisfied.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington
enacts as follows:
1. Section 13.4 "Special Exceptions - Urban Residential Type Two (R2) Zone" is hereby amended by
adding thereto, the following new Urban Residential Exception 13.4.6 as follows:
"13.4.6 URBAN RESIDENTIAL EXCEPTION (R2 -6) ZONE
Notwithstanding Section 3.20 and 13.2 those lands zoned R2 -6 on the schedules to this By -law shall
have a 5.0 metre sight triangle and shall be subject to the following zone regulations:
a. Lot Area (minimum) 290 square metres
b. Lot Frontage (minimum)
1) interior lot 10 metres
li) exterior lot 13 metres
C. Yard Requirements (minimum)
1) exterior side yard 3 metres
2. Section 13.4 "Special Exceptions - Urban Residential Type Two (R2) Zone" is hereby amended by
adding thereto, the following new Urban Residential Exception 13.4.7 as follows:
"13.4.7 URBAN RESIDENTIAL EXCEPTION (R2 -7) ZONE
Notwithstanding Section 13.2 those lands zoned R2 -7 on the schedules to this By -law shall be subject
to the following zone regulations:
a. Setback from the C.N.R.
right -of -way (minimum) 15 metres
3. Section 14.6 "Special Exceptions - Urban Residential Type Three (R3) Zone" is hereby amended by
adding thereto, the following new Urban Residential Exception 14.6.14 as follows:
"14.6.14 URBAN RESIDENTIAL EXCEPTION (R3 -14) ZONE
Notwithstanding Section 3.20 and 14.3 those lands zoned R3 -14 on the schedules to this By -law shall
have a 5.0 metre sight triangle and shall be subject to the following zone regulations:
-2-
a. Lot Area (minimum)
i) interior lot
156 square metres
exterior lot
226 square metres
b. Lot Frontage (minimum)
I) Interior lot
5.4 metres
ii) exterior lot
8.4 metres
C. Yard Requirements (minimum)
f) interior side yard
1.2 metres
exterior side yard
3 metres
3 Schedule "3" to By -law 84.63 as amended, Is hereby further amended by changing the zone designation
from:
"General Industrial Exception (M2 -1)" to "Environmental Protection (EP)';
"Urban Residential Type One - Holding ((H)Ri)" to "Environmental Protection (EP) ";
"General Industrial Exception (M2 -1)" to "Urban Residential Type One - Holding ((H)RI);
"General Industrial Exception (M2 -1)" to "Urban Residential Exception Holding ((H)R2 -6);
"General Industrial Exception (M2 -1)" to "Urban Residential Exception - Holding ((H)R2 -7);
"General Industrial Exception (M2 -1)" to "Urban Residential Exception - Holding ((H)R3 -14);
"Environmental Protection (EP)" to "Urban Residential Type One - Holding ((H)RI);
"Environmental Protection (EP)" to "Urban Residential Exception - Holding ((H)R2 -6);
as shown on the attached Schedule "A" hereto.
4. Schedule "A" attached hereto shall form part of this By -law.
5. This By -law shall come into effect on the date of the passing hereof, subject to the provisions of Section
24(2) of the Planning Act.
BY -LAW read a first time this day of 1995.
BY -LAW read a second time this day of 1995.
BY -LAW read a third time and finally passed this day of 1995.
MAYOR
CLERK
Schedule This is
BASELINE ROAD
CHANGE FROM
to
By-law 95-
passed
day
•
•` • D.
87.0:
LOT 12 LOT 11
6729 N72o10,20.E--------
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ZONING
BASELINE ROAD
CHANGE FROM
(H)R1
TO EP
" ZONING
CHANGE
FROM
M2 -1
TO EP
ZONING
CHANGE
FROM
EP TO
(H)R1
® ZONING
CHANGE
FROM
M2 -1
TO (H)R1
ZONING
CHANGE
FROM
EP TO
(H)R2 -6
ZONING
CHANGE
FROM
M2 -1
TO (H)R2 -6
® ZONING
CHANGE
FROM
M2 -1
TO (H)R2 -7
ZONING
CHANGE
FROM
M2 -1
TO (H)R3 -14
ZONING
TO REMAIN EP
BOWMANVILLE
O 50
100 200m
100 75 50
25 0
Z
O
vI
W
U
Z
O
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