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HomeMy WebLinkAboutPSD-127-03 '. .-.',- ~ . r-~ Clw:Jggton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE 'bOS ~I~ (}pP, -''-lCi-03 Date: Monday October 6, 2003 Report#: PSD-127-03 File#: COPA2003-001, 18T-96014, By-Iaw#: DEV 97-002 ~oo3- '''~ /}oo ~ -1r,oS Subject: CLARINGTON OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT, AMENDMENT TO DRAFT APPROVED PLAN 18T-96014 TO PERMIT DEVELOPMENT OF 86 SINGLE DETACHED DWELLINGS, 32 TOWNHOUSE UNITS, 2 MEDIUM DENSITY BLOCKS, A SEPARATE SCHOOL AND PARK 699504 ONTARIO LIMITED (THE KAlTLlN GROUP) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-127-03 be received; 2. THAT Amendment No. 35 to allow additional medium density residential uses in the Westvale Neighbourhood be APPROVED as indicated in Attachment 4 and that the necessary By-law be passed; 3. THAT the portion of the application submitted by 699504 Ontario Limited to amend the Clarington Official Plan (COPA 2003-001) to delete the Neighbourhood Commercial Symbol, be DENIED; 4. THAT the amendment to draft Plan of Subdivision 18T-96014, submitted by 699504 Ontario Limited be APPROVED as redline revised (Attachment 5) subject to the conditions contained in Attachment 6; 5. THAT the application for Zoning By-law amendment Dev 97-002 be APPROVED as contained in Attachment 7; 6. THAT the Mayor and Clerk be authorized by By-law to exclude 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 Engineering and the Director of Planning Services. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3AB T (905)623-3379 F (905)623-0830 ~1 ~-,...... ~~"~....j REPORT NO.: PSD-127-03 PAGE 2 7. THAT the Durham Region Planning Department be forwarded a copy of this report and Council's decision; and 8. THAT the applicant and all interested parties listed in this report and any delegation be advised of Council's decision. Reviewed by: ~~ Chief Administrative Officer ~ CS*L T*DJC*sn September 29, 2003 659 -r ~r , .. ~ ~~ REPORT NO.: PSD-127-03 PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicant: 699504 Ontario Limited (The Kaitlin Group) 1.2 Agent: Kelvin Whalen 1.3 Official Plan Amendment: i. To delete the Neighbourhood Commercial symbol from the east side of Green Road and permit the development of 7 single family dwellings. ii. To add a Medium Density symbol to permit the development of 32 street townhouse units. iii. 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 all other corresponding totals. iv. To amend Map E2 by increasing the population target for the Westvale Neighbourhood from 4700 to 4800. 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 street townhouse units, one medium density block with a potential for up to 164 units, a separate elementary school block and a neighbourhood park block. 1.5 Zoning by-law Amendment: To change the zoning from Agricultural (A) to an appropriate zone to implement the proposed development. 1.6 Site Area: 13.69 hectares (33.8 acres) 2. LOCATION 2.1 The lands subject to the amendments are located west of West Side Drive, south of the St. Lawrence & Hudson Rail Line, east of Green Road and north of the Bottrell Street extension, being Part Lot 16, Concession 1 in the former Township of Darlington. (See Attachment 1). 3. 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 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 street townhouse units. The amendment also necessitates changes to population and housing targets for the Westvale Neighbourhood. The application to amend the Zoning By-law was submitted in 1997 by Bayly Holdings Ltd. 660 - ~ " ~ "~~"""~ REPORT NO.: PSD-127-03 PAGE 4 3.2 Draft Approved Plan of Subdivision 18T-96014 (Bayly Holdings Ltd.) was recommended for partial draft approval by Clarington Council in September 1998. The original plan covered 18.73 hectares and proposed 335 housing units, a neighbourhood park, separate elementary school block and neighbourhood commercial block. Only the southerly 5.043 hectares was recommended for draft approval. The balance of the site was considered premature and approved as a "Future Development Block". The Development Charge By-law at the time did not include construction of the neighbourhood park, Green Road, or improvements to Baseline Road as it relates to this draft plan. 3.3 The entire lands covered by 18T-96014 were purchased by the Kaitlin Group in November 2002. The future development block is the subject of the amendments. 3.4 Supporting Documentation 3.4.1 A number of documents to support approval of 18T -96014 were submitted by the previous owners Bayly Holdings Ltd. They are: >- Preliminary Servicing and Stormwater Management Report; >- Environmental Impact Study; >- Phasing Plan; >- Transportation Study; >- Street Parking Layout Plan; and >- Site Screening Questionnaire. The documents concluded that the subject site was appropriate for urban residential development. 3.4.2 The applications to amend the Clarington Official Plan, Zoning By-law and amendment to Draft Approved Plan 18T-96014 were supported with the following additional documents: >- A Street Parking Layout was submitted that demonstrated that 102 on-street parking spaces can be accommodated. The Municipality's criteria require 33 spaces be provided. >-A Traffic Impact Study was submitted to assess traffic from the proposed elementary school and 21 single detached dwellings on Street 'A'. The report is satisfactory . >- A Phase 1 Environmental Site Assessment Report was prepared by Geo-Iogic and concluded that the site has a low level of concern from an environmental perspective for its proposed usage. 3.4.3 In the Public Meeting Report PSD-029-03, staff requested the applicant provide a Retail Study to support the removal the Neighbourhood Commercial Symbol from the Westvale Neighbourhood. In May 2003, a report prepared by Joseph Urban Consultants was submitted. The report examines the various commercial designations 661 ''''''!..; REPORT NO.: PSD-127-03 PAGE 5 in the area and their functions. The report states that there are overlaps in the uses permitted and merchandising within a limited geographic area and consumer market. The West Main Central Area, Local Central Areas at Hartwell/Regional Road 57 (Hartwell node) and the Waverly Plaza are weighted to convenience shopping which makes it difficult to secure tenants and retail customers in other locations. Specifically: >- The Waverly neighbourhood is served by Waverly Plaza, the East and West Main Central Areas; >- The Hartwell node has not been developed and must compete with the Clarington Centre and future expansions to the West Main Central area, as will the subject site, if developed; >- Portions of the trade areas contain schools, parks and open space which, diminishes the potential customer population; >- A portion of the subject site trade area to the west lies outside the urban area boundary and will contribute no support; and >- The existing convenience shopping services in the Clarington Centre dominate this sector and together with the Hartwell node will provide the convenience commercial shopping for this area. The report concludes that Neighbourhood Commercial designation at the subject site cannot be supported. 4. SITE CHARACTERISTICS AND SURROUNDING LAND USES 4.1 The subject site is currently vacant. A drumlin (a hill comprised of glacial deposits) provides for steep grades in the southwest quadrant of the site. Currently the applicant is undertaking site preparation work for the area which is significantly altering existing grades. 4.2 Surrounding Uses North - St. Lawrence and Hudson Railway South - vacant land, approved for residential development, first phase of Draft Approved Plan 18T- 96014 East - residential development within Aspen Springs subdivision West - vacant land, subject to proposed Plan of Subdivision 18T -90051 5 OFFICIAL PLAN POLICIES 5.1 Durham Region Official Plan The lands are designated "Living Area" within the Durham Region 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 Type "B" Arterial. 662 ,c -" REPORT NO.: PSD-127-03 PAGE 6 5.2 Clarington 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 contain a Medium Density symbol north of Aspen Springs Drive, a Neighbourhood Commercial symbol, a Neighbourhood Park symbol and a 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, triplex/quadraplex, and low-rise apartments to a maximum of four storeys. The applicant is requesting an additional Medium Density symbol to permit the development of 32 street townhouses. The proposed amendment would require changes to Table 9-2 of the Official Plan, which identifies the Neighbourhood Planning Units by name, population and housing unit target. The housing target for the Westvale Neighbourhood Planning would change from "1750" to "1800" and from 350 to 400 medium density units. All other corresponding totals must also be amended. The population allocation for Westvale Neighbourhood is currently 4700. The proposed amendment increases the population allocation from 4700 to 4800 persons. 5.2.3 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 leaseable floor space shall not exceed 1000 square metres. The applicant is requesting the deletion of the Neighbourhood Commercial symbol to permit the development of 7 single detached homes. 6. ZONING BY-LAW 6.1 The lands are zoned "Agricultural (A)" Zone by the Comprehensive Zoning By-law 84-63 as amended. A zoning by-law amendment will be required in order for development to proceed. 7. PUBLIC MEETING AND SUBMISSIONS 7.1 The Public Meeting was held in March 24, 2003. A number of area residents spoke in opposition to the proposed amendments. The concerns of the area residents are summarized below. >- Residents who reside on the west side of Westside Drive stated that they were required to pay a premium for their homes because their rear yards abutted an elementary school and neighbourhood park. They are opposed to the proposed draft plan showing single detached homes abutting their rear yard. >- In an e-mail, a store-owner in Clarington Centre inquired whether the development of the subdivision would accelerate the extension of Green Road and improvements to Baseline Road. 663 - --""",' REPORT NO.: PSD-127-03 PAGE 7 >- Residents are concerned that the poor drainage of the vacant lands would be a prime breeding area for West Nile infected mosquitoes. >- Residents were concemed about the dust and the safety of their children during the construction process. >- Residents would like a neighbourhood commercial area so that children could go to an area that was not too busy. The residents comments are addressed in Section 9.2 of the report. 7.2 Mr. Joel Sloggett, Manager of Planning for the Peterborough Victoria Northumberland and Clarington Catholic District School Board spoke at the Public Meeting in support of the school location. The Board would like to proceed with an elementary school site in 2004. 8.0 AGENCY COMMENTS 8.1 The Clarington Engineering Services Department provided the following comments: >- The Official Plan identifies the intersection of Green Road and the St. Lawrence and Hudson Railway as the location for a future grade separation. A road widening of 45 metres long by 7 metres is required on Green Road. >- A 5.182 metre road widening on Green Road is required to achieve a 30 metre wide right-of-way. >- All utilities shall be installed underground for both primary and secondary services. >- Development of the entire plan may not be permitted until such time as the Municipality has approved expenditure of funds for construction of Green Road and other related works which have been included in the Municipality's Development Charge By-law and which have been deemed necessary by the Director of Engineering Services. As such, the number of building permits available will be at the discretion of the Director of Engineering Services. >- Lot 52 must be developed as a single detached lot containing one residential dwelling. >- The on street parking plan is satisfactory. It shows a total of 102 parking spaces, only 33 are required. >- The future phasing of the draft plan will be restricted by the number of external accesses. Full development of the draft plan will require Green Road to be constructed. Construction of the future railway underpass may not be required in advance of the subdivision, however, it will be necessary for the applicant to 664 REPORT NO.: PSD-127-03 PAGE 8 provide a Traffic Impact Study to demonstrate that full development can take place in advance of the grade separation without negatively affecting the existing road network. >- The applicant will be responsible for the installation of the pedestrian sidewalks and street illumination within the proposed plan. The applicant will also be responsible for 100% of the costs of constructing sidewalk connections between the subject subdivision and the existing residential subdivision to the east. >- The storm water drainage works and facilities necessary for this development must be constructed in accordance with the West Side Creek Master Drainage Study. >- A Preliminary Grading and Drainage Plan is required to show on-site storm sewer and conveyance of over land flow for the major system for the subdivision. The plan must show the drainage scheme that will be implemented prior to the construction of Green Road as well as the drainage scheme that includes Green Road as fully constructed. >- The Parks Division has noted that the proposed block should be expanded in size to include the abutting lots to the south. >- All works and services must be designed and constructed in accordance with the Municipality's Design Criteria and Standard Drawings, provisions of the Municipality's Development By-law, all applicable legislation and to the satisfaction of the Director of Engineering Services. 8.2 The Clarington Emergency and Fire Services offered no objection to the approval of these applications. 8.3 The Region of Durham Planning Department provided comments with respect to conformity to the Durham Region Official Plan, Provincial Policy Statement and Delegated Provincial Plan Review, and on behalf of the Regional Works Department. The Region noted that the application does not have a significant Regional or Provincial concern and is exempt from Regional Approval. An archaeological assessment was required with the original circulation in 1996. After receipt of the report the Ministry of Culture cleared the condition by letter dated April 20, 1999. A noise report was required with the original submission to recommend noise attenuation measures for properties affected by Green Road, Baseline Road and CP Rail line. The Region will require a revised noise study prior to final clearance of the draft plan. Municipal water supply and sanitary sewers will require extensions from West Side Drive. 665 .. REPORT NO.: PSD-127-03 PAGE 9 Green Road is designated as Type "B" Arterial in the Regional Official Plan, and will become a regional road in the future. A minimum right-of-way of 30 metres is required. A 12 m x 6 m sight triangle is also required at intersecting streets. 8.4 The Central Lake Ontario Conservation Authority has no objection to the proposed amendment to the draft approved plan 18T-96014 and noted that the previously imposed conditions of the draft approval of January 15, 1999 apply. 8.5 The Kawartha Pine Ridge District School Board noted that the development will yield approximately 43 students to Dr. Ross Tilley Public School which is currently overcapacity. The Board will require sidewalks on all interior roads within the Plan of Subdivision. 8.6 The Peterborough Victoria Northumberland and Clarington Catholic School Board is supportive of the amendment to the draft approved plan. The School Board is seeking a elementary school site within the draft plan. 8.7 The St. Lawrence and Hudson Railway provided comments which included the installation of a barrier fence/berm or combination thereof along the railway property. The barrier fence/berm shall be a minimum of 5.5 metres above the top-of-the-rail. Noise and vibration mitigation measures should be included in the construction homes. Warning clauses shall be placed in all purchase and sale agreements regarding the operation of the railway and the possibility of expansion/alterations of the railway that may affect living environment. 8.8 Enbridge Gas and Rogers Cable have 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. 9.0 STAFF COMMENTS 9.1 The applicant wishes to develop the "Future Development Block" shown on draft approved Plan of Subdivision 18T-96014. The proposed development includes 86 single detached dwellings, two medium density blocks, one for street townhouses and the other on the north side of Aspen Springs Drive. The proposal includes a Separate Elementary School Block and a Neighbourhood Park Block. In order to the facilitate the proposed development, an amendment to the Clarington Official Plan is required to remove of the Neighbourhood Commercial symbol in favour of 7 single detached dwellings. A new Medium Density symbol is also required to permit the development of 32 townhouses. 666 REPORT NO.: PSD.127-03 PAGE 10 9.2 Resident's Concerns Location of the School and Park In the Clarington Official Plan, a Neighbourhood Park symbol and Separate Elementary School symbol are 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. The Separate School Board had the option to obtain the elementary school site in the original Aspen Springs subdivision (18T-88048). The school board did not exercise their right to do so within the allotted seven-year timeframe contained in the Conditions of Draft Approval. Kaitlin subsequently applied and were approved to construct single family detached dwellings on the original site. The residents who reside on West Side Drive advised Committee at the March 24, 2003 Public Meeting that they had paid a premium for their homes because the rear yards were to be adjacent to a elementary school and park block. The residents are upset that the proposed plan now shows single family detached dwellings abutting their rear yards. Staff from both the Engineering Services and Planning Services Departments have revisited the proposed draft plan, as well as examined an altemative, showing the school and parks abutting the rear yards of the West Side Drive residents. Staff are of the opinion that the draft plan as submitted is the preferred option for the following reasons: >- In order to convey existing overland storm water flows in a south-east direction away from the school/park site, a north-south route is required. Street 'A' in its currently proposed location is the preferred route to convey the storm water flows due to the topography of the site. >- Green Road is designated as a Type "B" Arterial Road in the Durham Region Official Plan and Clarington Official Plan. Green Road will eventually become a Regional Road and it will carry a large volume of traffic. A minimum number of residential units backing onto Green Road or the use of "window" streets is preferred. It would otherwise require extensive acoustical fencing in the rear yards of the proposed homes. The Official Plan indicates that "reverse lotting and acoustical fencing is generally not permitted", along arterial roads. >- According to the Transportation Association of Canada (TAC) Geometric Design Guide for Canadian Roads the minimum distance required between adjacent intersections along a collector road is 60 metres. Accordingly, there should not be less than 60 m between the intersection of Street "F" (Aspen Springs Drive) and "Alternate Street A" as shown on Attachment 2, and the intersection of Street "F" and Green Road. "Alternate Street A" is one lot depth (approximately 33 metres) east of Green Road and would not conform to the TAC guidelines. Timina of Construction of Green Road The Development Charges By-law has provided for the construction of Green Road, the grade separation and improvements for Baseline Road for approximately 2007. The actual construction, road improvements and park may be delayed or accelerated 667 " ~ REPORT NO.: PSD-127-03 PAGE 11 depending on the developer's schedule and the ability of the Municipality to fund projects from Development Charge revenues. Paar Drainaae and Potential far West Nile Virus The development of the site would require alterations to the existing grades through an approved grading and drainage plan. However, in the interim, any concerns regarding poor drainage should be brought to the attention of the By-law Enforcement Division of the Clerks Department where they can respond under direction of the Region of Durham Health Services Department and the Health Promotion and Prevention Act. Neiahbaurhoad Commercial Area This concern is addressed below. 9.3 Neighbourhood Commercial Designation The applicant is requesting the deletion of the Neighbourhood Commercial symbol to develop 7 single detached dwellings. The consultant's report indicates that there are overlaps in the uses permitted and merchandising of the various commercial areas within a limited geographic area makes it difficult to secure tenants and retail costumers. As such, the neighbourhood commercial use in the area cannot be supported. Neighbourhood Commercial Areas are meant to provide items and services of daily necessity for the residents in the surrounding neighbourhood. Neighbourhood Commercial areas provide a different level of retail service that is available in the Main Central Areas and Local Central Areas. In addition, they should be convenient to the surrounding residents and within walking/cycling distance. A distance of 400 metres or a five minute walk is used to measure the average distance an individual will walk or cycle to commercial areas, transit stops, schools and parks. This general guideline is the basis for developing a walkable neighbourhood. Attachment NO.3 shows a 400m radius, from the West Main Central Area, the Hartwell Local Central Area and the Waverly Road Local Central Area as well as the Neighbourhood Commercial Area in the Westvale Neighbourhood. The locations of the West Main Central Area and two Local Central Areas are all outside the 400m radius, leaving a void for the residents in the West Side Drive area and the future development area to the west. It is also noted that Green Road will become a busy arterial provided potential for additional drive-by customers in addition to neighbourhood residents. The argument put forth in the consultant's report has merit. Indeed, there is an overlap in permitted uses in each of the designated commercial areas and the actual development of Local Central Areas and Neighbourhood Commercial Areas has lagged behind development in the Main Central Areas. The evolution of all retail markets and appropriate commercial designations will be examined in the overall context of the Official Plan review process. At present, staff recommends that the Official Plan Amendment request to delete the Neighbourhood Commercial symbol be denied. 668 , , ~ '1 REPORT NO.: PSD-127-03 PAGE 12 The zoning proposed for the site is a Neighbourhood Commercial Exception (C2-8) Zoning category. The zoning category would permit a reduction in both the front yard setback (Street "D") and exterior side yard (Green Road frontage) from 10.0 metres to 2.0 metres. This would permit the commercial structure to be located in closer proximity to the abutting street frontages, as required under the commercial policies in the Municipality's Official Plan. 9.4 Park Development The Official Plan states that Neighbourhood Parks shall be provided at 0.8 hectares per 1000 hectares and shall be between 1 and 3 hectares in size depending on the potential for shared school facilities. Map A3 shows the location of park and school sites. In the vicinity of Green Road and the railway are three Neighbourhood Park designations. The two on the south side of railway and west and east of Green Road, are located adjacent to elementary school sites, the one on the north side, Clarington Corners Park, is developed as a stand-alone park (Le. not adjacent to a school). These parks are within 500 metres of each other. The Parks Division of the Engineering Services Department has requested one large park in the proposed location (Block 95) be provided and a smaller parkette to be located on the west side of Green Road. As such, the plan has been redlined to increase the park size from 1.30 ha to 1.76 ha. This represents a dedication over the 5% required under the Planning Act. The park location and size in the adjacent subdivision to the west (18T -90051), also owned by the Kaitlin Group, will be re-evaluated through the Municipality's consideration of that draft plan. 9.4 Finance Department advises that there are no taxes owing on the subject lands. 10. CONCLUSIONS 10.1 Prior to the scheduling a recommendation report to Committee and Council on a draft plan of subdivision application a list of the proposed conditions of draft approval are submitted to the applicant for their review and concurrence with same. The purpose of this exercise is to determine if there are any conditions of draft approval that the applicant does not agree with and that they be identified for further discussion purposes. In this particular instance, concurrence to the conditions of draft approval was not provided by the applicant as they indicated they were not in agreement with staffs recommendation to delete the Neighbourhood Commercial symbol in the Official Plan and the establishment of a commercial block on the draft plan. As it would appear, agreement on this matter between staff and the applicant can not be reached, this report is forwarded for Committee and Council's deliberation. 10.2 In consideration of the comments received from circulated agencies and review of the proposal, staff recommend: · Amending the Official Plan Amendment, to permit additional Medium Density development; 669 \ ;. ..} REPORT NO.: PSD-127-03 PAGE 13 . Denying the request to delete the Neighbourhood Commercial Area; · Draft approval of the proposed draft plan of subdivision, as redlined in Attachment 4 subject to the conditions contained in Attachment 5; and . Rezoning the subject lands within the plan of subdivision. 10.3 The Official Plan Amendment is exempt from Regional approval. Attachments: Attachment 1 - Location Attachment 2 - Alternative Street Location Attachment 3 - Location of Commercial Areas Attachment 4 - Amendment # 35 to the Clarington Official Plan Attachment 5 - Draft Plan of Subdivision 18T-96014, as Redlined Attachment 6 - Conditions of Draft Approval Attachment 7 - By-law to approve Zoning By-law Amendment Attachment 8 - By-law to approve the Official Plan Amendment 670 , . . . REPORT NO.: PSD-127-03 PAGE 14 List of interested parties to be advised of Council's decision: Mr. Kelvin Whalen Dale Stewart The Kaitlin Group Chair of Aspen Springs Community 1029 McNicholl Avenue Association Scarborough, Ontario 92 West Side Drive M1W 3W6 Bowmanville, ON L 1C 4Y9 Sharon Robb 9 Remington Bowmanville, ON L 1 C 4Z9 Gail Frazao 112 Westside Drive Bowmanville, ON L 1C 5A2 Kyle Simpson 126 Westside Drive Bowmanville, ON L 1C 5A2 Kathleen Brenner 100 Westside Drive Bowmanville, ON L 1C 5A2 Bob Hellam 94 Westside Drive Bowmanville, ON L 1 C 4Y9 Joel Sloggett Manager of Transportation and Planning Peterborough Victoria Northumberland & Clarington Catholic District School Board 1355 Lansdowne Street West Peterborough, ON L9J 7M3 Doug and Susan Freeman 132 Westside Drive Bowmanville, ON L 1 C 5A2 Mr. Brian Nielsen, Lead Petitioner 124 West Side Drive Bowmanville, ON L 1C 5A2 Doug Freeman 132 West Side Drive Bowmanville, ON L 1 C 5A2 D. & J. Rampersad 108 Westside Drive Bowmanville, ON L 1 C 5A2 Michelle Czarkowski 116 West Side Drive Bowmanville, ON L 1 C 5A2 Dwight Arnold 118 Westside Drive Bowmanville, ON L 1 C 5A2 David Wing 100 West Side Drive Bowmanville, ON L 1 C 5A2 Regional Municipality of Durham Planning Department, 4th Floor Lang Tower, PO Box 623, West Building 1615 Dundas Street East Whitby, ON L 1 N 6A3 Laurie Woods 122 Westside Drive Bowmanville, ON L 1C 5A2 671 '. ATTACHMENT 1 ~"r~s;;ii u~ ,,,,"u, J~" l= ~r- ~ ,~r~ I , g )/ ::<J_~---J____ ~ ~. ~f-~ pID"""c.t} I I~ ~ 5f-== E-~(..l ------------- II ( " ~_ == ==~ ___________ II ~ r-:=: =_0-=' g'\--- I ~ ::::: =_s-=. It 5 \---------.J ~-==J ::::c-:~-=="E ~ ~-=---" _~--- d;:--J~ - == if':=- ~ - - - T y/, --=.=-" mm ~0€3~:::-' ;JJ~~~~7 - ~ _I \-t) ~ ~=~i~)f CZLQ] - -l // ~.-,=~~' - --- /' ~----t::' --- -------/' \~~~r ...l ~~~" .J~ U y:x\~ ,e""/ ~~~1l~1 l~ ~~ ~I ~ I ) " KING STREET WEST HlClHW"'" 1. 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ATTACHMENT 2 .... .,>7- '\ , -' ./ ., ~ ./ ~ .>If'?; ~ 4"'- ~:;p t qP.{P ~ z ~ INTERSECTIONS ~... ~ 9 ~ ./ < /. ~./ MEDIUM DENSITY ;::.<v ~ DEVELOPMENT C:J<:i . (:> 60 Units/Ha. ~ ff:'~ . <# 1". \'\. .l--. ... m ~<(:,~ "' "" ( STREE ~T "F" (Collector) ~s " II <;; 1 Ii; "- I"'- ~ (/ ~ r- \ :: ~ \ " - ~ ,~ ~ w ,~ ~ ~ , (\l . ~ w '" .;:: . ~ ~ I~ SEPARATE " . ~'\ ~ ::;, ~ ~ ~ ~ ~ ELEMENTARY W r ~ ~ ~ Cl ~ z ~ I::: > <C SCHOOL ~ m ~ c:: . ~ 0 '" , I~ ~ Cl , r c:: ~ m c '" ~ w ~ ~ - < W w ~ " . z '" ~ Cl ~ n W :: " c en - z W '" .-, n ~ c:: Ii; "y :: I- ~ ~ '" 6 " <;; ~ Ii; ~ en ~ z ... W ~ l'l ~ - Wz " I'" I" - ~ ~ 0::9 w z no ~ ::::l~ ~ _ 0 I-~ . ~ '" I~ BONNYCASTLE ::::l< ~ ~ - ... ~ u. ~ g NEIGHBOURHOOD - . ~ , ~ ~ ~ Ii PARK ~ 0 ~ '" :0 ~ Ii '" ill :0 w w ,~ . ~ i:~ ~ ! 0 ~ . r ~ ~ . z ~ I Kt"t" I "B" IN ST. BRODIE COURT . 0 ~ , ..... ,.,. ... ............ .... .... _.. r ." ~ ~~ CURT ~ m ~ ~ ~ Ii r ~. . ~ . R c ~ c . ~ n n ~ ~ ~ I .. . ~ ~ ~ . ~ z w w'" w 18T-96014, Road Alignment Alternative ) . '> -~ , ~ \i'--. \' I( w I \ '::; ~ ATTACHMENT 3 A ~ON^~^RTlER -1 Commercial Areas Showing 400m Radius 6/ i; ~ PURPOSE: LOCATION: BASIS: ACTUAL AMENDMENT: ATTACHMENT 4 AMENDMENT NO. 35 TO THE CLARINGTON OFFICIAL PLAN The purpose of this amendment to the Clarington Official Plan is to permit additional medium density residential development in Westvale Neighbourhood. 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. This amendment is based on Council's consideration of an Official Plan Amendment Application (COPA 2003-001) submitted by the Kaitlin Group on behalf of 699504 Ontario Ltd.. The Clarington Official Plan is hereby amended as follows: i) By amending May A3, as indicated on Exhibit "A" 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 from "350" to "400" Total from "1750" to "1800" b. By adjusting the totals for Bowmanville area as follows: Medium Density from "3150" to "3200" Total from "22375" to "22425" So the appropriate lines of Table 9-2 read as follows: I Table 9-2 Housing Targets by Neighbourhood Urban Area Housing Units Neighbourhoods Residential Units Central Areas Intensification Total Bowmanville Low Medium High Medium High N13 Westvale 1025 400 275 25 0 75 1800 TOTAL 1320 3200 875 1225 1875 1800 22150 0 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. 6/J '-, .... INTERPRETATION: . The provisions set forth in the Municipality of Clarington Official Plan, as amended regarding the interpretation of the Plan shall apply to this Amendment. 6/6 -:::r---:"", ;:a CD c. r- -. ::::J CD ;:a CD < (ii' -. o ::::J tIl w~ " c o ' , . ~CJ g ~ ""'" . :lj! , .. ; 1 i ~ I . ~ iii I " , , , , , , , , , .. . , , , , , ! I. ~I! " ~ ~ I , , , , ..... j1 ;' 1 I ~ QC) -I cb C>> o ~ oI:lo i - ~ ! ! , " , , ., , , , .' , , . , '- , '- . '- '- ,- .- II " , ~ ~ J ~ II ~ '" ,. I 1'11111111; lii~~ !111.11 11111;11 1:'''''' I 1 I 111M"; ;I~U~ t 1'111: II ii il-!il;g .. ~II I ~I z ~. ;;l ell iii 15 II II 1111111'" III 1111 .....111 i = ~~~~~..... . , o / ATTACHMEtH 5 ., ATTACHMENT 6 CONDITIONS OF DRAFT APPROVAL Revised Draft Plan of Subdivision 18T-96014 Part Lot 16, Concession 1, Former Town of Bowmanville 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T 96014 prepared by D.G. Biddle & Associates Limited identified as job number 102065, dated July 2002, as revised and dated, March 2003 and redlined on September 8th, 2003 which illustrates one medium density block for a maximum of 60 units per net residential hectare, 66 single detached dwellings, 32 townhouse units, a 1.99 ha separate elementary school block, a 1.78 ha neighbourhood park block, a neighbourhood commercial block and roads. 2. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 3. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington, 4. The Owner shall convey a 5.182 metre road widening on Green Road to the Municipality of Clarington plus 12m X 6m sight triangles at all intersecting streets. 5. The Owner shall convey a road widening 45 metres long by 7,0 metres on Green Road immediately south of the St. Lawrence and Hudson Railway property for future grade separation. 6. The Owner shall convey a 0.3 metre reserve along Green Road to the Municipality of Clarington. 7. The Owner shall convey Block 95, as redlined, to the Municipality of Clarington for park or other public recreational purposes in accordance with the Planning Act. 8. Block 95, as redlined, shall be provided gratuitously to the Municipality in the first phase of development and in a form satisfactory to the Director of Engineering Services. The Owner shall prepare a Soils Report which indicates that no foreign material is present on the site. The park shall be graded to ensure proper drainage and compatibility with abutting lands and roads. Not less than 200mm of topsoil shall be provided on the site. Seeding/sodding to stabilize the site shall be determined by the Director of Engineering Services. The block shall not be used for the temporary storage of any materials nor shall any material be imported to or exported from the block without the approval of the Director. 9, The Owner agrees that all land dedications required by any agency for the subject development shall be free and clear of any encumbrances and in a form satisfactory to their respective solicitors. 10, The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. ,. ., (l bib 11. 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. 12. The Owner agrees to submit, if warranted by the Director of Engineering Services, a Traffic Impact Study to demonstrate that full development can occur in advance of the construction of the grade separation at Green Road without adversely affecting the existing road network. Specific lots available for building permits in any single phase will be at the discretion of the Director of Engineering. 13. The Owner agrees that all works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By-law and all applicable legislation and to the satisfaction of the Director of Engineering Services. 14. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area municipal approval of the zoning of the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 15. The Owner will be responsible for 100% installation of pedestrian sidewalks and street illumination within the plan of subdivision, 16. The Owner will be responsible for 100% of the cost of constructing sidewalk connections between the subject subdivision and the existing residential neighbourhood to the east 17. The Owner shall enter into a written agreement with the Peterborough Victoria Northumberland and Clarington Catholic District School Board which provides for the acquisition of the school site, as shown as Block 94 on the draft plan, to the satisfaction of the School Board, The agreement shall, among other matters, provide for the rough grading of Block 94, the provision of all municipal services to the site, and where applicable the installation of a 1,8 metre high chain link fence on the perimeter of Block 94 where it abuts proposed or existing residential lands and along Street "A", "F" or Green Road frontage to the satisfaction of the Peterborough Victoria Northumberland and Clarington Catholic District School Board, The Owner shall provide the Peterborough Victoria Northumberland and Clarington Catholic District School Board with a report detailing the soil bearing capacity and composition of soils within Block 94. Furthermore, the Owner agrees that Block 94 shall be made available in the first phase of development. The Owner agrees to provide full access to the site to the satisfaction of the Director of Engineering Services and the Peterborough Victoria Northumberland and Clarington Catholic School Board. If the school site and access is provided in advance of registration of this plan, then this condition will be deemed fulfilled. 18. The storm water drainage works and facilities necessary for this development must be constructed in accordance with the West Side Creek Master Drainage Study, dated 1992, prepared by G. M. Sernas and Associates and as finally approved by the Director of Engineering Services. This shall include any temporary works that are deemed necessary by the Director of Engineering Services to provide for this development. 6/1.) " 19. The Owner shall retain a professional engineer to prepare and provide a Preliminary 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). The plan must detail the proposed storm water drainage scheme that will be implemented prior to the construction of Green Road as well as the drainage scheme that includes Green Road as a fully reconstructed and urbanized roadway. 20, The Owner shall be responsible for 100% of the cost, financial and otherwise for any traffic control measures that ate deemed necessary by the Director of Engineering Services on any existing municipal roads, new municipal roads or private roads. 21. 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 requirements that follow. 22. The Owner shall provide and install sidewalks, street lights, temporary turning circles, centralized mailboxes, signage etc. as per the Municipality's standards and criteria. 23. The Owner shall cause all utilities, including hydro, telephone, Cable TV, etc. to be buried underground. 24. 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. 25. Development of the entire draft plan may not be permitted to proceed until such time that the Municipality has approved the expenditure of funds for the provision of the construction of Green Road as well as the construction of any other related external works or services which have been deemed necessary by the Director of Engineering Services to service this development The number of building permits available to the applicant at any time during the development process will be subject to the sole discretion of the Director of Engineering Services. 26, No building permit shall be issued for the construction of any building on any residential lot and/or block on said plan, until the exterior architectural design of each building and the location of the building on the lot/block has been approved by the Municipality of Clarington. 27. No residential units shall be offered for sale to the public on said plan until such time as the exterior architectural design of each building has been approved by the Director of Planning Services. 28. The Owner shall provide the Municipality of Clarington, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the 68U , .. ~ , . . Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposits as may be required by the Municipality. 29. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charges By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charges Act if any are required to be paid by the Owner. 30, 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 and each 40M Plan proposed for registration. 31 , 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 guidelines. The stormwater management facilities must be designed and implemented in accordance with the recommendations of the West Side Creek Master Drainage Plan, Addendum No.3; 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. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act. 32. The Owner shall obtain all necessary permits from the Central Lake Ontario Conservation Authority under Ontario Regulation 158, prior to the registration of the plan, 33. The Owner shall submit an updated noise (acoustics) and vibration study. The report shall address noise and vibration generated by traffic and railway. Projected traffic volumes shall be provided by the Region of Durham Planning Department. The report shall include recommendations for this development once the Final grades and engineering for the site have been established. The recommendations for noise attenuation measures shall be in accordance with Ministry of Environment Guidelines. The Owner agrees to implement the recommendations through the Municipality of Clarington subdivision agreement, which is registered on title and shall include any required warning clauses as identified in the report. A copy of the executed agreement shall be provided to the Regional Municipality of Durham and St. Lawrence and Hudson Railway to facilitate clearance of this condition. 34. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Ownershall )Jrovide for the extension of sanitary - 081 ., ..... 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. 35. 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. 36. 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. 37. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions; a. The Owner agrees to include provisions whereby all offers to purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997; b, The Owner agrees to fulfill the requirements of the Master Drainage study as they apply to this site to the satisfaction of the Municipality of Clarington and the Central Lake Ontario Conservation Authority; c. The Owner agrees to place the following in all agreements of purchase and sale between the developer and all prospective home buyers: L "Due to the proximity of this plan to the St. Lawrence and Hudson Railway purchasers should be aware of traffic noise may interfere with some activities of the dwelling occupants." ii. "Despite the noise control features implemented within the development and/or within the individual dwelling units, noise levels from the adjacent St. Lawrence and Hudson Railway may interfere with some activities of the dwelling occupants." iii. "Purchasers and tenants are warned of the existence of St. Lawrence and Hudson Railway's operated right-of-way; the possibility of alterations to or an expansion of its rail facilities thereon in the future, including the possibility that the Railway may expand its operation, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration units, and that the Railway will not be responsible for complaints or claims arising from Railway's use of its facilities and/or operations. d. The Owner agrees to implement those noise control measures recommended in the Noise Report, as required in Condition 33. e. The Owner agrees to install a berm or combination berm and noise attenuation barrier/or a fence to a minimum height of 5.5 metres above the top-of-rail, along the mutual property line with the Railway right-of-way to the satisfaction of the St. Lawrence and Hudson Railway. f. The Owner agrees to construct a 1.83 metre high chain link fence along the common property line of the railway and the subdivision. The Owner shall also agree 682 ~ ~ ..-- '"", .... to include a covenant running with the lands, in all deeds, obliging the purchasers of the land to maintain the fence in a satisfactory condition at their expense. 38. Prior to final approval of this plan for registration, The Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a. Central Lake Ontario Conservation Authority, how Conditions 31 and 32 have been satisfied; b. Durham Region Planning Department, how Conditions 3, 11, 33, 34, 35 and 36 have been satisfied; c. St. Lawrence and Hudson Railway, how Conditions 31,37 c), 37 e), 37 d) and 37 f), have been satisfied. d. Peterborough Victoria Northumberland and Clarington Catholic District School Board, how condition 17 has been satisfied. 6d) , i ....... ....... .... 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: a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario L 1 H 3T 3 (905) 579-0411 b) Region of Durham Works Department, 105 Consumers Drive, Whitby Ontario L 1 N 6A2 (905) 668-7721 c) St. Lawrence and Hudson Railway, 40 University Avenue, Suite 807 Toronto Ontario M5J 1T1 Attention Orest Rojik d) Peterborough Victoria Northumberland and Clarington Catholic District School Board, 1355 Lansdowne Street West, Peterborough, Ontario, K9J 7M3 _ Attention Mr. Joel Sloggett. , i).' DO; " . '- :"..,. ... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of 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-96014; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enact as follows: 1. Section 15 "URBAN RESIDENTIAL TYPE FOUR (R4) ZONE" is hereby amended by adding a new exception zone "15.4.24 URBAN RESIDENTIAL EXCEPTION (R4-24) ZONE~ subject to the following provisions. "15.4.24 URBAN RESIDENTIAL EXCEPTION (R4-24) ZONE Notwithstanding the provisions of Section 15.1 and 15.2, those lands zoned R4-24 on the Schedules to this By-law, shall only be used for an apartment building subject to the following zone provisions: a) Density (Maximum) b) Setback from Railway (minimum) 60 units per ha 30 metres 2. Section 17 'NEIGHBOURHOOD COMMERCIAL (C2) ZONE" is hereby amended by adding a new exception zone "17.5.8 NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2-8) ZONE" subject to the following provisions: "17.5,8 NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2-8) ZONE" Notwithstanding the proviSions of Section 17.3 those lands zoned (C2-8) on the Schedules to this By-law shall be subject to the following zone regulations: a) Front yard (minimum) 2.0 metres b) Exterior Side Yard (minimum) 2.0 metres" 3. Schedule 3 to By-law 84-63 as amended is hereby further amended by changing the zone designation from: "Agricultural (Ar to "Urban Residential Exception (R1-43l" Zone; "Agricultural (Ar to "Urban Residential Exception (R2-15l" Zone; "Agricultural (A)" to "Urban Residential Exception (R2-17l" Zone; "Agricultural (A)" to "Urban Residential Type Three (R3)" Zone; "Agricultural (A)" to "Urban Residential Exception (R4-24l" Zone; "Agricultural (A)" to "Holding - Neighbourhood Commercial ((H)(C2-8)l" Zone 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 34 of the Planning Act. BY-LAW read a first time this day of day of day of 2003 2003 2003 BY-LAW read a second time this BY-LAW read a third time and finally passed this John Mutton, Mayor , '~ L tJ 'J J Patti L. Berrie, Municipal Clerk ATTACHMENT 7 .. ,. . '"_... ~,.", '~"" This is Schedule "A" to By-law 2003- passed this day of ,2003 A.D. , EKITJ Zoning Change From "A" To "R1~3" ~ Zoning Change From "A" To "R2-1S" _ Zoning Change From "A" To "R2-17" m Zoning Change From "A" To "R3" ~ Zoning Change From "A" To "R4_24" ~~~~ Zoning Change From "A" To "(H)C2-8" l /i /",/!-, 'N' " 1 " '-_i JOhn Mutton, Mayor Patti L. Barrie, Municipal Clerk ~"\l ~c Sfc\'i-S> x.. ~ S",C \1'",,<, ?'\. 8AS~, J Bowmanville /" f O.h') .J '~ - "" . . ".....,.... ,"" ... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- being a by-law to adopt Amendment No. 35 to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act R.S,O. 1990. as amended, authorizes the Municipality of Clarington to pass by-laws 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 include a medium density symbol in the Westvale Neighbourhood and make other adjustments to the Plan to permit the development of 32 townhouses; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enact as follows: 1. That Amendment No, 35 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 2003 BY-LAW read a second time this dayof 2003 BY-LAW read a third time and finally passed this day of 2003 John Mutton, Mayor Patti L, Barrie, Municipal Clerk 68i ATTACHMENT 8