HomeMy WebLinkAboutPSD-029-03
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Cl~.mgron
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, March 24, 2003
J)0~ .OF
GP/1-13d-03
Report #: PSD-029-03
File #: COPA 2003/001; 18T-96014
By-law #:
Subject:
CLARINGTON OFFICIAL PLAN AMENDMENT
AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION 18T 96014
APPLICANT: 699504 ONTARIO LIMITED (THE KAITLIN GROUP)
PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-029-03 be received;
2. THAT the applications to amend the Clarington Official Plan and Draft Approved Plan of
Subdivision 18T-96014 submitted by Mr. Kelvin Whalen on behalf of 699504 Ontario
Limited be referred back to staff for further processing and the preparation of a
subsequent report; and
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by:
D vi . Crome, MCIP, R.P.P.
Director of Planning Services
--. by.c2~
a klin Wu,
f Chief Administrative Officer
CS*L T*DC*df
March 18, 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830
601
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REPORT NO.: PSD-029-03
1.0 APPLICATION DETAILS
1.1 Applicant:
1.2 Agent:
1.3 Official Plan Amendment:
PAGE 2
699504 Ontario Limited (The Kaitlin Group)
Kelvin Whalen
To delete the Neighbourhood Commercial symbol
from the east side of Green Road to permit the
development of 7 single family dwellings. To add a
Medium Density symbol to permit the development of
32 townhouses. To amend Table 9-2, by increasing
the housing targets for the Westvale
Neighbourhood from "1750 to "1800", the Medium
Density units from "350" to "400" and to change all
other corresponding totals. To amend Map E2 by
increasing the population target for the Westvale
Neighbourhood from 4700 to 4800.(see Attachment 2)
1.4 Amendment to Draft Approval Plan of Subdivision:
Replace the "Future Development Block" in Draft
Approved Plan 18T-96014 with 86 single detached
dwellings, 32 townhouse units, a medium density
condominium block, a separate elementary school
block and a neighbourhood park. (see Attachment 3)
1.5 Site Area:
2.0 LOCATION
13.69 hectares (33.8 acres)
2.1 The lands subject to the amendments are located west of West Side Drive, south of the
St. Lawrence and Hudson Railway, and east of Green Road, being Part Lot 16,
Concession 1 in the former Township of Darlington. (see Attachment 1)
3.0 BACKGROUND
3.1 On January 21, 2003 Staff received applications to amend the Clarington Official Plan
and Draft Approved Plan of Subdivision 18T-96014. The Official Plan amendment
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REPORT NO.: PSD-029-03
PAGE 3
requests the removal of the Neighbourhood Commercial symbol in favour of low density
residential housing, and the addition of a Medium Density symbol to permit the
development of townhouse units. The amendment also necessitates changes to
population and housing targets for the Westvale Neighbourhood.
3.2 Draft Plan of Subdivision 18T-96014 (Bayly Holdings Ltd.) was approved for partial draft
approval by Clarington Council in September 1998. The original plan covered 18.73
hectares and proposed 335 housing units, neighbourhood park, separate elementary
school block and neighbourhood commercial block. The southerly 5.043 hectares was
draft approved for residential development but the northerly 13.69 ha was considered
premature and approved only as Future Development Block (see Attachment 3D). The
Development Charges By-law at the time did not include the construction of the
neighbourhood park, construction of Green Road, reconstruction of Baseline Road and
the installation of lighting and sidewalks on Baseline and Green Roads.
3.3 The entire lands covered by proposed plan of subdivision 18T-96014 were purchased
by 699504 Ontario Limited (The Kaitlin Group) in November 2002. The "Future
Development Block" is the subject of the amendment to the Draft Approved Plan 18T-
96014.
3.4 Suppot1inq Documentation
3.4.1 The applicant submitted a letter prepared by D.G. Biddle and Associates Limited to
confirm that the proposed amendment is in conformity with Provincial Policy Statement.
The letter states that the proposal provides a mix of housing units, which conform with
both the Regional and Local Official Plan, and the Provincial Policy Statement.
In addition, the letter also suggests that the deletion of the Neighbourhood Commercial
symbol is warranted due to the close proximity of stores and services at that West Main
Central Area and the future Local Central Area at Hartwell Drive and Regional Road 57.
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REPORT NO.: PSD-029-03
PAGE 4
3.4.2 A Street Parking Layout Plan was submitted. The applicant has demonstrated that 102
on-street parking spaces can be accommodated. The Municipality criteria requires 33
spaces to be provided based on the following ratio:
. one (1) parking space for every three (3) on-street townhouse units; and
. one (1) parking space for every single/semi-detachedllink units.
3.4.3 A Traffic Impact Study prepared by Semas Transtech was submitted to assess the
traffic from the proposed elementary school and 21 single family dwellings on Street "A".
The total site traffic generated by the proposed elementary school and residential
development combined is summarized below:
. A.M. peak period - 341 total two-way trips (189 inbound -152 outbound)
. P.M. peak period - 226 total two-way trips (93 inbound - 133 outbound)
The study has been forwarded to Engineering Services for comment.
3.4.4 The previous owners, Bayly Holdings Ltd. submitted technical documentations to justify
the development of the entire site. The document includes:
. Preliminary Servicing and Storm water Management Report;
. Environmental Noise Study;
. Phasing Plan;
. Transportation Study;
. Street Parking Layout Plan; and
. Site Screening Questionnaire.
The reports concluded that the subject site wC!s appropriate for urban residential type
development. Additional reports or revisions to the reports may be required once all of
the circulated departments or agencies have an opportunity to review the applications.
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REPORT NO.: PSD-029-03
PAGE 5
4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
4.1 The subject lands are currently vacant. A drumlin (a hill comprised of glacial deposits)
provides for steep grades in the south-west quadrant of the site.
4.2 Surrounding Uses:
North:
South:
St. Lawrence and Hudson Railway
vacant, approved for residential development, Draft Approved Plan
18T-96014
residential within Aspen Springs subdivision
vacant, subject to proposed Plan of Subdivision 18T-90051
East:
West:
4.0 OFFICIAL PLAN POLICIES
5.1 Durham Reqion Official Plan
5.1.1 The lands are designated as Living Area within the Durham Regional Official
Plan. Lands designated as Living Area permit the development of communities
with defined boundaries, incorporating the widest possible variety of housing
types, sizes and tenure. Convenience stores, public and recreational uses are
also permitted within this designation. The proposed uses appear to conform to
the Plan. The subject property is bounded by the future extension of Green
Road, which is designated as a "B" Arterial.
5.2 C/arinaton Official Plan
5.2.1 In the Clarington Official Plan, the subject lands are designated as Urban
Residential, in the Bowmanville Urban Area. The lands are within the Westvale
Neighbourhood and show one Medium Density Symbol, north of Aspen Springs
Drive a Neighbourhood Commercial symbol, Neighbourhood Park Symbol and
Separate elementary school symbol.
5.2.2 Medium Density residential uses shall be developed at 31-60 net residential
hectare. The predominant housing form shall be townhouses,
triplexlquadraplex, and low-rise apartments to a maximum of four storeys. The
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REPORT NO.: PSD-029-03
PAGE 6
applicant is requesting an additional Medium Density symbol to permit the
development of 32 townhouses. The proposed amendment would require
changes to Table 9-2 of the Official Plan, which identifies the Neighbourhood
Planning Units by name, and housing unit target. The housing targets for the
Westvale Neighbourhood Planning would change from "1750" to "1800" and
from "350" to "400" Medium Density units. All other corresponding totals would
also be amended (see Attachment 1).
5.2.3 The population allocation for Westvale Neighbourhood is currently 4700. The
proposed amendment increases the population allocation from 4700 to 4800
persons.
5.2.4 Neighbourhood Commercial uses are intended to provide items or services of
daily necessity for the residents of the surrounding neighbourhoods. A variety
of building forms may be built including small plazas, free standing stores and
offices and street related mixed use buildings. The maximum gross leasable
floor space shall not exceed 1000 square metres. The applicant is requesting
the deletion of the Neighbourhood Commercial symbol to permit the
development of seven (7) single family dwellings.
6.0 ZONING BY-LAW
6.1 Within Comprehensive Zoning By-law 84-63 as amended the lands are zoned
"Agricultural (A)" Zone. A zoning by-law amendment will be required in order for
development to proceed. To date, the applicant has not filed an application.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public Notice was given by mail to each landowner within 120 metres of the subject site.
Public Meeting signs were installed at three locations where the site has road frontage,
being Higgon Street, Remmington Street and Aspen Springs Drive.
7.2 A petition with the signatures of 24 West Side Drive residents was received. The petition
indicates that the buyers had spoken with the sales people from the Kaitlin Group as
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REPORT NO.: PSD-029-03
PAGE 7
well as staff from the Municipality's Planning Services Department prior to their
purchase. They were shown draft plans, which indicated that a school and park would
be developed in their rear yards. Residents had installed fences with gates in
anticipation of easy access to the school and park. The petition also noted that
residents did not anticipate a transit route on West Side Drive, but felt compensated
because they would be overlooking a school and park.
The residents also note concerns with a drainage ditch abutting the rear yards of their
homes. The ditch holds deep stagnant water and is threat to children and may be a
breeding ground for West Nile Virus infected mosquitoes.
Finally, the petitioners indicated that the builder should be accountable for what they
sell. They bought in good faith and the builder should show the families the same good
faith. They are not opposed to development in general, only the development of homes
behind their existing homes. (See Attachment 4).
8.0 AGENCY COMMENTS
8.1 Comments are outstanding from the following departments and agencies:
~ Central Lake Ontario Conservation Authority
~ Separate School Board
~ Region of Durham Planning Department
~ Region of Durham Works
~ Canada Post Corporation
~ Bell Canada
~ St. Lawrence and Hudson Rail
8.2 The Clarington Emergency and Fire Services noted that Street "D" (extension of
Remmington), between Street "E" and Green Road exceeds 90 metres in length and
therefore turnaround facilities are required for fire fighting equipment until Green Road
is built.
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REPORT NO.: PSD-029-03
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8.3 The Engineering Services Department provided comments on the proposed
amendments. The comments are summarized below:
~ Road widenings will be required to accommodate the future grade separation on
Green Road at the St. Lawrence and Hudson Railway as well as for Green Road,
and must be shown on the proposed draft plan:
~ Utilities such as hydro, telephone and cable television within the streets of this
development must be installed underground;
~ Lot 52 must develop as a single lot for only one detached dwelling;
~ Development may not proceed until such time as the Municipality approves the
expenditures for the construction of Green Road as well as other external works
or services which have been included in the Municipality's Development Charge
By-law and have been deemed necessary by the Director of Engineering
Services. The number of building permits available at anyone time will be at the
discretion of the Director of Engineering Services;
~ The future phasing of the draft plan will be restricted by the number of external
accesses which are available. Full development will require access onto Green
Road. The railway underpass may not be required in advance of development
however it will be necessary for the applicant to provide a Traffic Impact Study.
The study must demonstrate that full development can occur in advance of the
construction of the grade separation without impacting the existing road network;
~ The applicant will responsible for the installation of pedestrian sidewalks and
illumination;
~ Storm drainage works and facilities necessary for this development must be
constructed in accordance with West Side Creek Master Drainage Study;
~ A Preliminary Grading and Drainage Plan is required that details on-site storm
sewer system (minor system) and overland f1ow(major system). The Plan must
show storm water drainage scheme prior to the construction of Green Road as
well as after Green Road is fully constructed and urbanized;
~ Applicant must enter into a Development Agreement which includes all
requirements of the Engineering Services Department;
~ The Engineering Services -Parks Development Branch is requesting that the 1.3
hectare park be expanded. The applicant will be required to prepare a Park
Concept Plan which demonstrates that the park is adequately sized and that the
configuration of the block is suitable for a Neighbourhood Park; and
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REPORT NO.: PSD-029-03
PAGE 9
~ All works and services must be designed and constructed in accordance with
Municipality's Design Criteria and Standard Drawings.
8.4 Enbridge Gas has no objection to the development. The owner is required to co-
ordinate the preparation of an overall utility distribution plan to the satisfaction of the
affected agencies.
8.5 Rogers Cable offered no objection to the proposed development.
8.6 The Kawartha Pine Ridge District School Board advised that the application would yield
approximately 43 students to Dr. Ross Tilley School which is at overcapacity. The
Board will require sidewalks on all interior roads. The Board also needs to be ensured
that there is safe, unfettered access to Dr. Ross Tilley Public School from the existing
and new homes during construction.
9.0 STAFF COMMENTS
9.1 Partial Draft Approval for the southerly portion 18T-96014 was granted in February
1999. The subject site was considered premature for development under the previous
Development Changes By-law and hence draft approved as a "Future Development
Block". The revised proposal includes 86 single detached dwellings, two Medium
Density blocks, one existing block for condominiums located north of Aspen Springs
Drive and a new medium density block proposed for 32 townhouses. The proposal also
includes a separate elementary school site and neighbourhood park. In order to the
facilitate the proposed development, amendments to the Clarington Official Plan and
Draft Approved Plan 18T-96014 are required.
9.2 Neiahbourhood Park and School
9.2.1 The Clarington Official Plan identifies a Neighbourhood Park symbol and
Separate Elementary School symbol adjacent to one another and are shown on
the west side of West Side Drive. The actual location and type of school may
vary with the consent of both school boards without an amendment to the plan.
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REPORT NO.: PSD-029-03
PAGE 10
The actual location of this school site and neighbourhood park has changed over
time. A brief history is provided below.
9.2.2 In 1988, Kaitlin submitted a draft plan of subdivision for adjacent land to the east
which was granted Draft Approval in February 1991. The plan showed 19 single
family dwellings fronting onto West Side Drive. As a condition of Draft Approval,
these lots were reserved for a period of seven years to allow the Separate
School Board the option to acquire the site. The Separate School Board waived
their option to acquire the site and in 1998 Kaitlin registered Plan of 40M-1944
and proceeded with the development of the homes.
9.2.3 In earlier submissions of the proposed Plans of Subdivision for 18T-96014, it was
assumed that the school and park blocks would have frontage on West Side
Drive. The various plans show the following:
November 1996
School block and park block extending from Westside
Drive to Green Road (Attachment Sa).
School block fronting on West Side Drive with a
neighbourhood park to the south extending to Green
Road (Attachment 5b).
January 1997
November 1998
School block fronting on West Side Drive with a
neighbourhood park to the south between Westside
Drive and a new Street 'A' (Attachment 5c).
February 1999
The entire area shown as a Future Development
Block when 18T-86014 was draft approved
(Attachment 5d).
January 2003
The current proposal shows the Separate Elementary
School and Neighbourhood Park shifting to the west
and proposing a new Street "A" and single family
detached dwellings backing on the existing homes on
West Side Drive.
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REPORT NO.: PSD-029-03
PAGE 11
9.2.4 A north-south road is required between West Side Drive and Green Road to
handle overland flow during a major storm event. On Attachment 5c, a road is
shown with reverse lots backing on to Green Road and a new road between the
school/park and said lot. This version of the plan was shown to potential
purchasers by sales agents for the Kaitlin Group. It was also the version that
Staff had available at the time to show residents inquiring about future
development activity. It was only a proposal, not approved and was subject to
change.
9.2.5 Although the Separate School Board has not formally provided comments on the
proposed Official Plan Amendment or the amendment to the Draft Approved
Plan, Staff understand that they intend to begin construction of the school this
fall.
9.2.6 The Kaitlin Group also wishes to proceed with the development of a subdivision
on the west side of Green Road (18T-90051), south of the St. Lawrence and
Hudson Railway. The draft plan shows a Neighbourhood Park Symbol and a
Public Elementary School Symbol in the northeast quadrant of the site. The
Planning Services and Engineering Services Departments have been discussing
the size and location of the park and school blocks in 18T -90051. Staff will be
meeting with the representative of the Public School Board and Kaitlin Group to
discuss opportunities for a larger park in 18T-96014.
9.3 Neiahbourhood Commercial Svmbol
9.3.1 The applicant is requesting the deletion of the Neighbourhood Commercial
symbol to develop 7 single detached dwellings. The applicant argues that the
removal of the designation is justified given the close proximity of the site to the
West Main Central Area (Clarington Centre) and the Local Central Area at
Regional Road 57 and Hartwell Avenue. The applicant is of the opinion that there
is insufficient market for a neighbourhood commercial development at the subject
site.
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REPORT NO.: PSD-029-03
PAGE 12
9.3.2 Neighbourhood Commercial Areas are meant to provide items and services of
daily necessity for the residents in the surrounding neighbourhoods. They should
be convenient and within walking/cycling distance. It provides a different level of
retail service than a Main Central Area or Local Central Area. The West Main
Central Area and Local Central Area at Hartwell Avenue and Regional Road 57
are not in close proximity for the residents in West Side Drive area or the future
development to the west. As such, Staff are requesting the applicant submit
written justification from a qualified retail market professional to prove that the
removal of the Neighbourhood Commercial Symbol.
9.4 As noted in Section 3.2, only the southerly portion of 18T 96014 was Draft Approved,
and the balance of the site was deemed premature and approved as a "Future
Development Block". The Development Charges By-law at that time did not include the
construction of Green Road, improvements to Baseline Road and the Neighbourhood
Park. Since then, the construction of Green Road and improvements to Baseline Road
have been identified in the Development Charges forecast for 2007. The actual
construction and improvement of the roads, and park may be delayed or accelerated
depending on the developer's timing and the ability of the Municipality to fund projects
from Development Charge revenues. Municipal conditions identified by Engineering
Services Department would be the basis for timing of the release of lots for
development.
10.0 CONCLUSIONS
10.1 The purpose of this report is to satisfy the requirements under the Public Meeting under
the Planning Act, and taking into consideration the outstanding comments, staff
respectfully request that this report be referred back to staff for further processing and
the preparation of a subsequent report.
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REPORT NO.: PSD-029-03
PAGE 13
Attachments:
Attachment 1 - Location Map
Attachment 2 - Official Plan Amendment
Attachment 3 - Proposed Amendment to Draft Approved Plan 18T-96014
Attachment 4 - Petition
Attachment Sa, b, c, d - Various plans showing the locations of the elementary school and
neighbourhood park blocks in 18T-90614
List of interested parties to be advised of Council's decision:
Sharon Robb Kyle Simpson
7 Remmington Street 126 West Side Drive
Bowmanville, ON L 1C 4Z9 Bowmanville, ON L 1C 5A2
Bob Hellam
94 West Side Drive
Bowmanville, ON 1 C 4Y9
Brian Neilsen Lead Petitioner
124 West Side Drive
Bowmanville,ON L 1 C 5A2
Dale Stewart
Chair of Aspen Springs
Community Association
92 West Side Drive
Bowmanville, ON L 1C 4Y9
613
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ATTACHMENT 2
AMENDMENT NO._
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
PURPOSE:
The purpose of this amendment to the Clarington Official Plan is to:
i) Remove a neighbourhood commercial symbol in the
Bowmanville Urban Area to permit low density residential
development in its place; and,
ii) Add a medium density residential symbol to permit medium
density residential development.
LOCATION:
The subject site is located within draft approved plan of subdivision
18T-96014, north of Baseline Road and west of Green Road,
Bowmanville and is contained within Lot 16, Concession 1, in the
Former Town of Bowmanville.
BASIS:
This amendment is based on the resolution of the General Purpose
and Administration Committee on with respect to
Official Plan Amendment.Application
ACTUAL
AMENDMENT:
The Municipality of Clarington Official Plan is hereby amended as
follows:
i) By amending Map A3, as indicated on Exhibit "1" attached
to this amendment.
ii) By amending Table 9-2 by:
a) By adjusting the housing targets for the Westvale
Neighbourhood (N13) as follows:
Medium Density
Total
from "350" to "400"
from "1750" to "1800"
b) By adjusting the totals for Bowmanville area as
follows:
Medium Density
Total
from "3150" to "3200"
From "22375" to 22425"
615
2
So the appropriate lines of Table 9-2 read as follows:
Table 9-2
Housing Taraets by Neighbourhood
Urban Area Housing Units
Neighbourhoods
Residential Areas Central Areas Intensification Total
Bowmanville Low Medium High Medium High
N13 Westvale 1025 400 275 25 . 0 75 1800
TOTAL 13200 3200 875 1225 1875 1800 22425
iii)
By adjusting the population target for the Westvale
neighbourhood (N13) On Map E2 - Neighbourhood Planning
Units: Bowmanville Urban Area from 4700 to 4800, as
shown on Exhibit 2.
IMPLEMENTATION:
The provisions set forth in the Municipality of Clarington
Official Plan, as amended regarding implementation of the
Plan shall apply to this Amendment.
INTERPRETATION:
The provisions set forth in the Municipality of Clarington
Official Plan, as amanded, regarding the interpretation of the
Plan shall apply to this Amendment.
616
EXHIBIT "1"
AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
MAP A3, LAND USE, BOWMANVILLE URBAN AREA
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- PRESTIGE
EMPLOYMEtH AI
URBAN BOUNDARY - LIGHT
INDUSTRIAL ARE
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URBAN RESIDENTW. INDUSTRIAL ARE
D URBAN RESIDENTW. - UTILITY
00 MEDIUM DENSITY !R ENVlROIlMENTN.
RESIDENTIAL PROTECTION A"
LAKE ONVlRIO 00 HIGH DENSITY -
RESIDENTW. GREEN SPACE
MAP A3 - WJN CENTRAL AREA - WATERFROtH GI
LAND USE - Loo.L CENTRAL AREA - COMMUNITY PAr
BOWMANVILLE URBAN AREA
. NEIGHBOURHOOD . DISTRICT PARK
-~_._, ,- -. ... COMMERCIAL
617
EXHIBIT "2"
AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
MAP E2, NEIGHBOURHOOD PLANNING UNITS. BOWMANVILLE URBAN AREA
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CHANGE POPULATION
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NEIGHBOURHOOD PLANNING UNITS
BOWMANVILlE URBAN AREA
lAKE ONTARIO
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"DGne~HOOO 80UH0AAy
(1000) """"''''..
OfF'ICIAL PLAN
MUN1CIPAUT'Y or CLARINGTON
OECDdlE.R ". 2000
R(J'[R TO SEc;noNS S NCl 9
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Clarington Official Plan Amendment
COPA 2003-001
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Proposed Amendment to Draft Approved Plan
18T -96014
620
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ATTACHMENT 4
March 8, 2003.
To: Corporation of the Municipality ofClarington
Re: Plannilll! File Nos. COPA 2003-001. I 8T-9601 4 dated February 21. 2003.
We, the undersigned, wish to express our concern and strong objection with respect to the
draft plan, which proposes building of homes directly behind our homes. Our homes are
located on the west side of West Side Drive between Riggon Street and Aspen Springs
Drive.
When purchasing these homes over 4 years ago, we were told that the plan was for our
lots to directly back onto a school/park setting for the entire block being referenced. We
were told that the school would be fronted by the eventual extension of Green Road. We
were further told that with the school/park being built directly behind us, there would
then be a newly constructed road and then homes on the other side of that road. Thus,
our lots were presented to us by The Kaitlin Group as "Premium Lots". We viewed draft
plans from both the builder and the Town planning department, clearly showing our lots
backing onto an Elementary school and neighbourhood park. This factor was a major
feature and greatly influenced our decision to purchase our homes in this area. We do not
want to see this feature taken away.
We were also given the information that the land between Aspen Springs Drive and the
CPR railroad, as well as the then vacant parcel ofland on Aspen Springs Drive would be
developed with low-rise condominiums and townhouses. We felt that this may cause a
concern with overpopulation in the area. West Side Drive is a main artery in the
subdivision and carries a high volume of traffic. A new municipal bus route has been
implemented, which we also did not anticipate when we chose to move here. Even with
these concerns, we felt compensated with the knowledge that we could go into our
backyards and overlook a school/park setting, which would greatly increase our feelings
of tranquility and spaciousness.
Several homeowners had previously signed agreements for other lots. When The Kaitlin
Group was unable to build on those lots (Leo Bonathon Crescent), these homeowners
changed to the lots they have now and were in fact, pleased with the change, due to the
promised location of the school/park setting.
In a conversation with Kelvin Whalen of The Kaitlin Group, regarding their proposal to
change the original plans, Mr. Whalen indicated that many residents do not want to back
onto a school/park setting. We do not support his statement, as out of the 20 lots in
question, we have 20 homeowners who do in fact, want to back onto the school/park
setting. Since we believe that backing onto a school/park setting was such an important
feature in our decision to purchase our homes, we think that potential future resale buyers
will as well see this as a tremendous selling feature. By deviating from the original plan
621
of development, we feel we will see a substantial decrease in our property values, as our
homes would no longer offer something extra over other subdivision homes. Therefore,
100% of the homeowners want to stick with the original plan.
Most of the homeowners have now put up fences. For those who put up fences along the
back of the property, almost all have also put in gates with the anticipation of easy access
to a park or schoolyard for our children to play in. Also, these gates allow us to visit our
neighbours more freely. We have developed close friendships in our neighbourhood and
we were excited about the promise and possibilities that backing directly onto a
school/park setting would present for us.
The homes between 120 West Side Drive, right along to the north at Aspen Springs
Drive, back onto a substantial increased elevation in land, with elevation increasing
dramatically to the north --- 4 - 12 feet higher than our neighbours to the south. We are
concerned that ifhomes are allowed to be built directly behind us at this increased
elevation, that we will experience loss of enjoyment of our homes due to lack of privacy
and sight lines being made worse with the new homes being much taller than our homes.
Of course, this would also further negatively impact our potential resale property values.
This increased elevation has also presented ongoing water drainage issues. Water
drainage has been a huge concern for those homeowners from 120 West Side Drive, right
along to the north at Aspen Springs Drive. A drainage ditch was dug along this area, but
only serves to further compound the problem, as water remains pooled for long periods of
time. Concern about the West Nile virus, and just the fact that our children are exposed
to stagnant and/or deep water prevails. Although property lines must match existing
grades at the back of the respective properties, this increased elevation would provide for
slopes on the new lots, which would continue to aggravate the existing water drainage
problems. These new homes would interfere with the natural flow of water in this area
much more so than an open school/park setting would. Any potential landscaping on
these new lots would have to be continually scrutinized to ensure that it does not further
intensify this ongoing problem. Thus, we are concerned that if houses are allowed to be
built directly behind us in this area, that water drainage problems will further increase.
We believe that builders must be held accountable for what they sell to families. When
families are sold on the concept of backing onto a school/park setting, the builder should
not be allowed to come back in a year or two and then change the plans. We bought our
homes in good faith from the builder --- the builder should also show the families the
same good faith.
We are not opposed to The Kaitlin Group's plan to build homes behind us, that is, with
the school/park setting being a buffer zone between our lots and the new lots. What we
ARE opposed to is The Kaitlin Group's plan to build homes DIRECTLY behind us, that
is, backing directly onto our lots. This totally contradicts all information we were
presented with, and considered, at the time of our purchase.
We have attached our names and addresses on the following pages.
622
West Side Drive homeowners opposed to Planning File Nos. COPA 2003-001.
18T-96014 dated Februarv 21. 2003.
NAME
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