HomeMy WebLinkAboutPSD-066-04
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, June 7, 2004
Report #:
PSD-066-04
File #: COPA 2003/005
ZBA 2003/029 and 18T -93008
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Subject: CLARINGTON OFFICIAL PLAN AMENDMENT, REZONING AND AMENDMENT
TO DRAFT APPROVED PLAN 18T-93008 TO PERMIT 106 RESIDENTIAL UNITS
APPLICANT: 1389877 ONTARIO LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-066-04 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 "C" 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
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REPORT NO,: PSD-066-04
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:
Reviewed by:
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Franklin Wu,
Chief Administrative Officer
. J. Crome, MCIP, RP.P.
Director of Planning Services
CS/L T/DJC/df/sn
27May 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830
657
."J
REPORT NO.: PSD-066-04
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 Approved 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: 106 single detached dwellings with lot 12 metre frontages, a
storm water management facility, a future development block, a
0.18 hectare (.44 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.
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REPORT NO.: PSD-066-04
PAGE 4
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The subject lands are generally flat, and grass covered 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, 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.
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REPORT NO.: PSD-066-04
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). In April 2004, the Plan of Subdivision was revised to 106
single detached dwellings on 12 metre lots. The park block is 0,18 hectares (.44
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.
TABLE 1
Draft Approval
1995
15
o
28
3
18
90
154
4.142
37.939
o
106
o
o
o
o
106
4.46
23.7
Total Units
Net Residential Land Area (ha)
Net Residential Density (units per ha)
5
o
7
28
o
83
123
3.114
40.829
13.5 m frontage for single detached units.
12 m frontage for single detached units
11 m frontage for single detached units
10m frontage for single detached units
Semi/Link detached units
Townhouses
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 20-27 (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
660
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PAGE 6
REPORT NO,: PSD-066-04
an elevation that can service the proposed subdivision. This will also require the
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 19-27, 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 Urban Residential with
a Medium Density symbol , Environmental Protection Area, and 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 and has a population allocation of 4000 and 1575 residential units.
Environmental Protection Areas are the portions of the Bowmanville Creek valley.
These areas and their ecological functions are to be preserved and protected.
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REPORT NO.: PSD-066-04
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 the 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.
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REPORT NO.: PSD-066-04
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 111 and on the property currently owned by the
municipality. Once the construction of the facility is completed to the satisfaction
of the Municipality, Block 111 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.
. The applicant's engineer will be required to provide an engineering report which
demonstrates that all portions of the subdivision except open space areas will be
located outside the floodplain. The required report must indicate all of the areas
where the floodplain will be modified or altered.
. 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" {Hunt Street/Albert 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 reconstruction of Hunt Street from Baseline Road
to Nelson Street has been approved in the 2004 Capital Budget and Four Year
Forecast.
663
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REPORT NO.: PSD-066-o4
PAGE 9
. The cost of reconstruction of Hunt Street from Street 'A' and Nelson Street to
Albert Street will be subject to a cost sharing agreement with the Municipality.
The agreement will include the connection of urban services to Lots 79-95
inclusive. The terms and conditions of the cost sharing agreement will be subject
to the Director of Engineering Services.
. 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 108 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.
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REPORT NO.: PSD-066-04
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 106 single detached dwellings,
resulting in an overall reduction of 48 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 the draft approved plan represents an infill
development within the Memorial Neighbourhood of Bowmanville. The proposed
form of development, being single detached dwellings, is compatible with the
existing residential community. The number of units has been reduced by 48. 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
665
REPORT NO.: PSD-066-04
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 approved in the 2004 Capital
Budget. The second phase, Part B, will be from Nelson Street to Albert Street. The
current proposal has lots fronting onto Hunt Street between Nelson Street and Albert
Street, and as such, the developer will be required to enter into cost sharing
agreements with the Municipality. The terms and conditions of the cost sharing
agreement will be subject to the Director of Engineering Services.
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 1 06 residential units. The Clarington Engineering Services Department
has requested the connection be made to distribute the traffic throughout the area.
Engineering Services has also noted that a barricade will be required at the access
which makes winter maintenance difficult. The Emergency Services Department
has requested the connection from a fire/emergency services perspective. Finally,
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REPORT NO.: PSD-066-04
PAGE 12
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.
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. The Region of Durham Works Department are
examining options for widening Liberty Street from Baseline Road to King Street in
2008. Funds have been identified in 2005 for financing the Environmental
Assessment Study.
10.4 Parkland Dedication
Parkland dedication based on 5% of the site area is to.4395 ha (1.08 acres). Where
parkland is less than the required 5%, the balance can be provided as a cash
contribution. The parkland provided on the current proposal is 0.18 ha (.44 acres), a
difference of .2595 (.64 acres). A cash contribution for parkland will be required for
the difference.
10.5 Separation Between Incompatible Uses
Block 113 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
112 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:
667
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REPORT NO.: PSD-066-04
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
which is over crowded. However, the school is a 100% French Immersion
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 RECOMMENDATIONS
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. The applicant concurs with the Conditions of Draft Approval.
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 amendment to Draft Approved Plan of Subdivision 18T-93008, on
Attachment 3, subject to the conditions contained in Attachment 4; and
. Rezoning the subject lands within the plan of subdivision.
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 3a - Plan of Subdivision 18T-93008 - Extension of Street "C" to Albert Street
Attachment 4 - Conditions of Draft Approval
Attachment 5 - Zoning By-law Amendment
Attachment 6 - By-law to Approve the Official Plan Amendment
668
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REPORT NO.: PSD-066-04
PAGE 14
Interested parties to be notified of Council and Committee's decision:
Mr. W. Goldlust
1389877 Ontario Limited
26 Truman Road
Toronto, ON M5L 2L5
Ms. Nancy Armstrong
Ms. Heather Armstrong
68 Duke Street
Bowmanville ON L 1 C 2V6
Jean Quilter
59 Duke Street
Bowmanville, ON L 1 C 2V4
Mr. Anthony Biglieri
The Biglieri Group
28 Bellefair Avenue
Toronto, ON M4L 3T8
Mr. Frank Dodaro
4500 Highway #7 West
Suite 110
Woodbridge, Ontario
L4L 110
UD&D Incorporated
51 Oak Avenue
Richmond Hill, ON L4C 6R5
John Willoughby
3 Spry Avenue
Bowmanville, ON L 1 C 3T3
Ellen Cowan
69 Concession Street West
Bowmanville, ON L 1 C 1 Y2
Mavis Carlton
119 Cove Road
Bowmanville, ON L 1C 3K3
Mr. Bob Turner
68 Duke Street
Bowmanville, ON L 1 C 2V6
Mr. Rob Andrew
66 Duke Street
Bowmanville, ON L 1 C 2V6
669
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ruTURE DEVELOPMENT
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ZBA 2003-029
Zoning By-law Amendment
COP(A) 2003-006
Clarington Official Plan Amendment
Owner: Wilf Goldlust
1389877 Ontario Inc.
670
ATTACHMHIT 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 106 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.
671
EXHIBIT "A"
AMENDMENT No. 38 TO THE MUNICIPALITY OF CLARINGTON
OFFICIAL PLAN, MAP A3, LAND USE, BOWMANVILLE URBAN AREA
CONCESSION
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Proposed Amendment to Draft Plan of Subdivision 18T-93008
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Proposed Amendment to Draft Plan of Subdivision 18T -93008
Showing Extension of Street "C" to Albert Street
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ATTACHMENT 4
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CONDITIONS OF DRAFT APPROVAL
Revised Draft Plan of Subdivision 18T 93008
1389877 Ontario Limited,
Part Lots 11 and 12, Concession 1, Former Town of Bowmanville
Dated: June 7, 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 Draft Plan of Subdivision
18T 93008 prepared by Biddle and Associates identified as job number 103030, dated
April 19, 2004, which illustrates 106 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 106, to the Municipality of Clarington for park or other
public recreational purposes in accordance with the Planning Act. The Municipality will
accept cash-in-lieu for the balance of the parkland dedication.
3. The Owner shall convey gratuitously free and clear of all encumbrances Blocks 107,
1 09, 110 and 111 for open space purposes.
4. The Owner shall convey Block 114, 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 115, being a 0.3 metre reserve around the temporary
turning circle identified in Block 112 to the Municipality of Clarington.
6. The Owner acknowledges that no development will be permitted on Block 112 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 112 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.
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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 110 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 106, which also shows the
relationship to Blocks 110 & 111. 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 and the Central Lake Ontario Conservation Authority.
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 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.
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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 any
front end charges pursuant to the Development Charges Act.
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 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.
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30. The Development requires the reconstruction of Hunt Street from Baseline Road to
Albert Street. The Municipality has approved the 2004 Capital Budget for the
reconstruction of Hunt Street from Baseline Road to Nelson Street. The development of
the first phase of the draft plan of subdivision may proceed once construction of Hunt
Street from Baseline Road to Nelson Street is proceeding to the satisfaction of the
Director of Engineering Services. Until such time Hunt Street from Nelson Street to
Albert Street has been reconstructed to the satisfaction of the Director of Engineering
Services building permits will not be available for Lots 79 to 95 inclusive, as shown on
draft plan of subdivision 18T-93008. Furthermore, the Owner agrees to pay to the
Municipality prior to the issuance of the first building permit for any of the above noted
lots, fifty (50%) percent of the cost for the reconstruction of Hunt Street from Nelson
Street to Albert Street to the satisfaction of the Director of Engineering Services.
31. 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 and/or 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.
32. 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 aFl 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.
33. 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
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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 33.
34. 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 external 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.
35. 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 106, 107, 109, 112, and 113 and Lots 1 to 27.
36. 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 112 and 113 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 f100dline 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
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.
37. 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
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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.
38. 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.
39. 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.
40. 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.
41. 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 112 and 113 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 27 inclusive, the Municipality shall be in receipt of written verification from
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
floodline mapping;
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e) The Owner agrees to carry out the works referred to in Conditions 33 to 36 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.
42. 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, 37, and 40 have
been satisfied;
b) The Ministry of Culture, Tourism & Recreation, how Condition 31, has been
satisfied;
c) Central Lake Ontario Conservation Authority, how Conditions 14, 15, 16,32,33,
34,35,36, and 41 have been satisfied.
43. 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.
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:
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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.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2004-__
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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 Mun,cipality of Clarington 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. Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO
(R2) ZONE" is hereby amended by adding thereto the following new Special
Exceptions 13.4.33, 13.4.34 and 13.4.35 as follows:
"SECTION 13.4.33 URBAN RESIDENTIAL EXCEPTION (R2-33) ZONE"
Notwithstanding Section 13.2 those lands zoned R;'-33 on those Schedules to
this By-law shall be subject to the following zone provisions:
a)
Yard Requirements (minimum)
i) Exterior Side Yard
ii) Sight Triangle
3.0 metres
5.0 metres
"SECTION 13.4.34 "URBAN RESIDENTIAL EXCEPTION (R2-34) ZONE":
Notwithstanding Section 13.2 those lands zoned R2-34 on the Schedules to this
By-law shall be subject to the following zone regulations:
a)
b)
lot Area (minimum)
Yard Requirements (minimum)
i) Exterior Side Yard
Ii) Sight Triangle
340 sq. m.
3.0 metres
5.0 metres
"SECTION 13.4.35 "URBAN RESIDENTIAL EXCEPTION (R2-35) ZONE":
Notwithstanding Section 13.2 those lands zoned R2-35 on the Schedules to this
By-law shall be subject to the following zone provisions:
a)
lot Area (minimum)
360 sq. m.
2. 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)F<1) Zone" to "Holding-Urban
Residential Type Two ((H) R2) Zone":
"Holding -Urban Residential Exception ((H) R2-6 Zone" to "Urban Residential
Exception (R2-33) Zone";
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ATTACHMH'T 5
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.
"Holding - Urban Residential Exception ((H)R2-1') Zone" to "Urban Residential
Exception (R2-33) Zone":
"Holding - Urban Residential Exception ((H) R3-14) Zone" to " Urban Residential
Exception (R2-33) Zone":
"General Industrial Exception (M2-1) Zone" to "Holding - Urban Residential
Exception Two ((H) R2-33) Zone;
"General Industrial Exception (M2-1) Zone" to "Urban Residential Type Two
Exception ((R2-33) Zone";
"Holding - Urban Residential Exception ((H) R3-14) Zone" to Urban Residential
Exception (R2-35) Zone": and
"Holding - Urban Residential Exception ((H) R2-6) Zone" to Urban Residential
Exception (R2-35) Zone".
5. Schedule "A" attached hereto shall form part of this By-law.
6. 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 Plannin!J AGt.
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
6 8 4 Pl3Itti L. Barrie. Municipal Clerk
-
This is Schedule II A"
passed this 14th day
" .
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to
of
By-law 2004- 145
Tl1TIP , 2004 A,D.
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EASE.ME.NT OVER PART 4, 40R
21286 IN FAVOUR OF OWNER
~::::=l Zoning To Remain "EP"
t<:,-~;,~ Zoning Change From "(H)R1" To "EP"
~ Zoning Change From "(H)R1" To "M2-1"
o:TI:I Zoning Change From "(H)R1" To "(H)R2"
John Mutton, Mayor
Patti L. Barrie. Municipal Clerk
~ Zoning Change From "(H)R2-6" To "R2-33"
ITJID Zoning Change From "(H)R2-7" To "R2-33"
f.ZZZJ Zoning Change From "(H)R3-14" To "R2-33"
~ Zoning Change From "M2-1" To "(H)R2-33"
r----:.. i Zoning Change From "M2-1" To "R2-33"
~ Zoning Change From "(H)R3-14" To "R2-34"
~:;1c.";J Zoning Change From "(H)R3-14" To "R2-35"
~ Zoning Change From "(H)R2-6" To "R2-35"
BOWMANVILLE
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2004-
being a By-law to adopt Amendment No. 38 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act RS.O. 1990, as amended. authorizes
the Municipality of Clarington to pass by-laws to adopt or repeal Official Plans and/or
Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend the Clarington Official Plan to delete a Medium Density symbol in
the Memorial Neighbourhood;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 38 to the Clarington Official Plan being the attached
Explanatory Text is hereby adopted; and
2. This by-law shall come into force and take effect on the date of the passing
hereof.
BY-LAW read a first time this
day of
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
., 686
ATTACHMENT 6