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HomeMy WebLinkAboutPSD-148-05• Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 5, 2005 Report #: PSD -148-05 File #: COPA 2004-004 By-law #: �rC6 � DEV 91-003 and, 18T-90051 Subject: PROPOSED OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT AND PLAN OF SUBDIVISION TO PERMIT 389 RESIDENTIAL UNITS, A PARK BLOCK AND AN ELEMENTARY SCHOOL BLOCK APPLICANT: WED INVESTMENTS LIMITED (THE KAITLIN GROUP LTD) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That Report PSD -148-05 be received; 2. THAT the application to amend the Clarington Official Plan being Amendment No. 47, submitted by WED Investments Ltd be APPROVED as contained in Attachment 4; 3. THAT the Plan of Subdivision 18T-90051, submitted by WED Investments Ltd. be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval subject to the conditions contained in Attachment 5; 4. THAT the application for Zoning By-law Amendment Dev 91-003 submitted by WED Investments Ltd. be partially APPROVED as contained in Attachment 6 and that the zoning for Block 154 be referred back to staff for a subsequent report at such time site details are available; 5. THAT the Mayor and Clerk be authorized by By-law to execute a Subdivision Agreement between the Owner and the Municipality of Clarington, at such time as the agreement has been finalized to the satisfaction of the Directors of Engineering Services and Planning Services; 6. THAT the Durham Region Planning Department be forwarded a copy of this report and Council's decision; and REPORT NO.: PSD -148-05 PAGE 2 7. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: D vid . Crome, M.C.I.P., R.P.P. Director of Planning Services CS/CP/DJC/df/lw/sh 30 November 2005 Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD -148-05 PAGE 3 1.0 APPLICATION DETAILS 1.1 Owner: WED Investments Limited (The Kaitlin Group Ltd.) 1.2 Applicant: Kelvin Whalen 1.3 Clarington Official Plan Amendment: To amend Map A3 by relocating the Medium Density symbol, north of Street "A" (extension of Aspen Springs Drive) and to relocate the Public Elementary Symbol and Neighbourhood Park Symbol to the south side of Street "A". To amend Table 9-2 by increasing the housing targets for the Darlington Green Neighbourhood from "1000" to "1175', reducing the Low Density units from 700" to "675' and increasing the Medium Density units from "175" to "375' and adjusting all other corresponding totals. To amend Map E2 by increasing the population target from the Darlington Green Neighbourhood from 2800 to 3200. 1.4 Plan of Subdivision: 389 unit residential plan of subdivision consisting of 144 single detached dwelling, 44 street townhouse units and a 201 unit medium density block, a park block and a public elementary school block. 1.5 Zoning By-law Amendment: Amend the current zoning on the lands from "Agricultural (A) Zone to an appropriate zone to permit the development. 1.6 Site Area: 19.028 hectares (47 Acres) 2.0 LOCATION 2.1 The subject property is located on the south side of the St. Lawrence & Hudson Railway, west of Green Road and 230 metres north of Baseline Road, being Part Lot 17, Concession 1, in the former Township of Darlington (see Attachment #1). 3.0 BACKGROUND 3.1 Applications for Plan of Subdivision and rezoning were originally submitted in January 1991, as well as an application for Official Plan amendment to expand the Bowmanville Urban Area boundary. Following the adoption of the Clarington Official Plan in January REPORT NO.: PSD -148-05 PAGE 4 1996, Council approved a recommendation in April 1996 to include the site in the Urban Area boundary. In 1997 a revised draft plan was submitted in conformity with the new Clarington Official Plan. However, a related Clarington Official Plan amendment was submitted to deal with discrepancies between the proposed draft plan and the designated transportation network, being the alignment of the collector road now referred as Aspen Springs Drive. 3.2 There have been many submissions for Plan of Subdivision 18T-90051 with different designs. Prior to the current proposal, the submission had shown the public elementary school site and neighbourhood park adjacent to the railway (Attachment 2). As a result of concerns from the Kawartha Pine Ridge District School Board regarding safety with the location of the elementary school, and from Clarington Planning and Engineering staff with respect to proximity to other neighbourhood parks; one located north of the railway west of Green Road and in the other in an adjacent registered plan of subdivision, located east of Green Road and south of Aspen Springs Drive. The plan was revised again. 3.3 On July 20th 2004 Staff received an application to amend the Clarington Official Plan to change the location of the Medium Density, Neighbourhood Park and Public Elementary symbols as well as to change the housing target and population target for the Darlington Green Neighbourhood. A revised Plan of Subdivision was also submitted showing 390 unit residential plan of subdivision, consisting of 130 single detached dwellings, 63 street townhouses and 197 unit medium density block on the north side of Street "A" and a public elementary school and a park block on the south side of Street "A". 3.4 The current Official Plan amendment application COPA 2004-004, was submitted after many discussions between representatives of the Kawartha Pine Ridge District School Board and WED Investments and Staff. The proposed Official Plan amendment is requesting the relocation of the medium density symbol north of proposed Street "'A" (Aspen Springs Drive) and the Neighbourhood Park symbol and Public Elementary School symbol south of the Aspen Springs Drive. (See Attachment 3) The most recent Plan of Subdivision submission dated, October 2005 shows 389 residential units consisting of 144 single detached dwellings, 44 street townhouse units and a medium density block comprising of 201 townhouse/apartments units in addition to the school and park blocks. 3.5 Supporting Documentation The applicant has provided documentation to support the previous submissions, including a conceptual servicing plan and on -street parking plan, a Noise Report, and Functional Servicing Report. The conceptual servicing plan, functional servicing report and on street parking plan were deemed satisfactory. The Noise Impact Report recommends that an updated study be conducted once the grading plans and building plans are available for Block 154. Noise fencing, ventilation requirements and warning clauses to be included in the subdivision agreement will be REPORT NO.: PSD -148-05 PAGE 5 detailed at that time. Mitigation measures for blocks backing onto the medium density block need to be re -assessed once the details of Block 154 are available. 4.0 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. The majority of the drumlin has been re -graded to accommodate development in 40M-2240. 4.2 Surrounding Uses North - St. Lawrence and Hudson Railway and the Clarington Corners subdivision South - Vacant land and a single detached dwelling East - New single detached dwellings and the new Aspen Springs Catholic Elementary School which are currently under construction West - Vacant, one single detached dwelling 5.0 PROVINCIAL POLICY STATEMENT 5.1 The applications are consistent with the Housing Policies contained in Section 1.4 of the 2005 Provincial Policy Statement. Planning authorities are required to provide for a range of housing types and densities within a ten year supply of lands which are designated; and a three year supply of zoned and services lands within draft approved and registered plans. Land and housing supply is based on, and reflect population and unit allocations which are identified within the Clarington Official Plan. New housing is to be directed to locations where infrastructure and public services are available. 6.0 OFFICIAL PLAN POLICIES 6.1 Durham Region Official Plan Within the Durham Regional Official Plan, the lands are designated as Living Area. Lands designated as Living Area permit the development of residential areas with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. 6.2 Clarington Official Plan Within the Clarington Official Plan, the subject lands are designated as Urban Residential. The use of land in the Urban Residential designation is predominantly for single and semi detached housing. Medium Density, Public Elementary School and Neighbourhood Park symbols are also located on the subject site. The lands are within the Darlington Green Neighbourhood, which has a population allocation of 2800 and a housing unit target of 1000. REPORT NO.: PSD -148-05 PAGE 6 The Medium Density category allows a density range of 31-60 units per net residential hectare with predominant housing form to include townhouses, although low-rise apartments are also permitted. The proposed medium density block is approximately 5.042 hectares (12.16 acres) and the 201 proposed units result in a yield of 40 units per net hectare. The Medium Density symbol is currently located on the south side of Aspen Springs Drive. The proposed amendment relocates the Medium Density symbol north of Aspen Springs Drive and Public Elementary School south of Aspen Springs Drive and adjusts the population target. The neighbourhood park is replaced with a 0.45 ha parkette block also located south of Aspen Springs Drive. 7.0 ZONING BY-LAW 7.1 Within Comprehensive Zoning By-law 84-63, as amended the lands are zoned Agricultural (A). A zoning by-law amendment will be required in order to implement the proposed plan of subdivision. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. The subject site does not have access onto open maintained roads. However, a Public Meeting signs were installed on Aspen Springs Drive, and Baseline Road. 8.2 At the Public Meeting, Mr. Steve Flewelling of 99 Padfield Drive spoke in opposition to the applications. When he purchased his property he was required to sign an acknowledgement of increased noise levels resulting from the railway. He is concerned that if a condominium is built on the south side, the railway noise would increase. He is also concerned that condominiums would destroy his view. 8.3 Ms. Ann Fennell of 95 Padfield Drive also spoke in opposition to the applications. Ms. Fennell chose this area to live because of the wildlife and the views from her rear yard. She noted that condominiums would increase the amount of traffic and would destroy the trees which provide a buffer area between any future development and the train tracks. At the time Ms. Fennell purchased her home she was also led to believe by the developer that the subject property was to be a park. She provided petition of approximately 100 signatures requesting denial of the application. In subsequent correspondence, Ms. Fennell had concerns that the increase in traffic would be a safety concern to children attending either of the two proposed elementary schools. Ms. Fennell has also reiterated her concerns about the destruction of the trees. 8.4 At the public meeting, Mr. Doug Wilson from the Kawartha Pine Ridge District School Board spoke in support of this application. The school board is in favour of relocated the elementary school because of its improved physical grades, and superior access for school buses. REPORT NO.: PSD -148-05 PAGE 7 The resident's concerns are addressed in Staffs comments discussed in Section 10 of this report. 9.0 AGENCY COMMENTS 9.1 In accordance with departmental procedures, the applications were circulated to obtain comments from other departments and agencies. The following agencies offered no objections: ■ The Clarington Emergency Services Department ■ Engineering Services Building Division 9.2 Engineering Services have reviewed the applications and supporting documentation and have no objection the applications subject to a number of conditions of approval being incorporated in the subdivision approval. In addition to the standard requirements with respect to financial requirements and dedications the following conditions were provided: ■ That stormwater management be reviewed further through the Engineering submissions and must be consistent with the West Side Creek; ■ An additional widening on Green Road to accommodate the grade separation will be determined when the final engineering has been approved. Block 154 cannot proceed until such determination is made; ■ The south side of Street "E" must be serviced with water, sanitary and storm sewer, hydro, telephone and cable television connections for any future lots which may front onto this street; ■ The registration of any phase shall be at the discretion of the Director of Engineering Services, in consideration of a Transportation Implementation Plan, which identifies all transportation infrastructure improvements such as roads and bridges to accommodate this development. ■ Servicing of the site cannot proceed until such time as the Municipality has proceeded with the reconstruction of Baseline Road and Green Road and all related works or services. ■ The specific lots available for building permits will be determined at the engineering stage, based on the number of accesses that are available, including pedestrian linkages. ■ A considerable amount of grading has been done to facilitate the development on the east side of Green Road. The applicant will also be responsible for 100% of the costs that are deemed necessary by the Director of Engineering Services to facilitate this proposed development including the Green Road road allowance. REPORT NO.: PSD -148-05 PAGE 8 ■ Given the proximity of the residential uses to the railway, the engineering plan must detail the extent of the proposed noise attenuation that is required. The plan must provide suitable access to the lands north of the noise berm, and demonstrate that all drainage water from the north side of the berm can be appropriately accommodated; and ■ A conceptual park plan and appropriate site grading are required. 9.3 The Region of Durham Planning and Works Departments The Region of Durham offered comments with respect to compliance with the Regional Official Plan, delegated provincial plan review responsibilities and the proposed method of servicing. Durham Region Official Plan The proposed housing mix will provide more affordable housing types and forms to residents interested in living in this neighbourhood. The increase in density will support public transit service in this area and efficient use of other public investments in Regional infrastructure such as sewer and water. Approval of the amendment and revised subdivision plan will enhance the ability of the neighbourhood to achieve housing and population targets. Provincial Policies and Delegated Plan Review Responsibilities The Provincial Policy Statement encourages a full range of housing types and densities that are affordable to moderate and low income households in a community. It also stipulates that land requirements and land use patterns are based on densities which efficiently use land, resources, infrastructure and public service facilities. The proposed development satisfies the provincial policies. Municipal Services Municipal water supply is available from existing watermain facilities in the abutting development on the east side of Green Road. The developer must extend water services from Aspen Springs Drive at Green Road to an existing watermain on Dodds Square. Municipal sanitary sewers can be made available if the developer extend services to the site from existing facilities on Dodd Square. If the development proceeds non —sequentially, the developer will be responsible for extending the required external sanitary sewer services at his expense. Road widening, right -of way widths and site triangle requirements for Green Road, a Type" B" Arterial are appropriately shown on the plan of subdivision. REPORT NO.: PSD -148-05 PAGE 9 Exemption The application has been evaluated in terms of compliance with the policies of the region and local official plans and provincial polices. The proposed official plan amendment is exempt from Regional approval. 9.4 Central Lake Ontario Conservation Authority The Central Lake Ontario Conservation Authority have no objections to the Official Plan Amendment and rezoning application. With respect to the Plan of Subdivision 18T- 90051, the Authority notes that the plan is within the area of the Westside Creek Master Drainage Study and as such development of the subject lands are required to conform to the requirements and recommendations of this study as well as the approved addendums to this overall drainage plan. A number of standard conditions of draft approval related to grading, specifically stormwater flow from the site, impact of water quality, wildlife and erosion and sediment control are included in the Conditions of Draft Approval. 9.5 Peterborough Victoria Northumberland and Clarington Catholic District School Board The school board reviewed the application in relation to the pending development of the catholic elementary school at the corner of Aspen Springs Drive and Green Road. The Board requested that sidewalks be provided for and within the subdivision; along both sides of Green Road; through the railway underpass, and that a school crosswalk and traffic signals be provided for at the intersection of Green Road and Aspen Springs Drive. 9.6 Kawartha Pine Ridge District School Board The public school board offered no objection to the proposal noting that the revised Plan of Subdivision will result in an increased total of 112 students that would attend Dr. Ross Tilley Public School which currently has 6 portables on site. At the time the comments were received, the Kawartha Pine Ridge District School Board was in the process of reviewing their requirement for additional Elementary Schools within the Municipality of Clarington and wished to maintain the identification of an elementary school site within the Draft Plan. The access to and configuration of the school site within this revised plan is superior to the previous proposed Draft Plan. 9.7 St. Lawrence and Hudson Railway The railway verbally advised that their standard conditions for development adjacent to a railway would apply. No development is permitted within 30 metres of the railway right -of way, a berm and noise attenuation fence would be required and the appropriate warning clauses for noise and vibration be added into the purchase and sale agreements for each residential unit. REPORT NO.: PSD -148-05 PAGE 10 10.0 STAFF COMMENTS 10.1 The proposed Plan of Subdivision is within the western portion of the Bowmanville Urban Area. In absence of a design plan, the proposed road network, lot layout and park location and requirement was examined in conjunction with the balance of the lands available for development within the urban area. Staff met with the land owners and consultants of the lands to the west and south of the subject site. Both parties are generally satisfied with the layout of the proposed plan. 10.2 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. At the present time, the three neighbourhood parks would be within 500 metres of each other. The park on the east side of Green Road, another Kaitlin project, is adjacent to the Aspen Spring Catholic Elementary School and was expanded so that it could better host a range of recreational uses. The applicant has redesigned the parkland on the subject site by relocating it further south and reducing the park size. This provides for a more central location for a park facility for this neighbourhood and will serve as a parkette with limited recreational facilities. The parkette has the potential to be expanded to the southwest in the future. 10.3 The proposed relocation of the public elementary school is away from the railway and is supported by the representatives of the public school board. The site is further removed from the new separate elementary school, minimizing traffic problems with school buses and parents dropping off and picking up children. 10.4 The phasing of development of this plan of subdivision is contingent on the reconstruction of Green Road, the intersection of Green Road and Baseline Road and the grade separation. All this new infrastructure is forecasted to commence in 2006. The grading of the subject site will commence with the grading for the Green Road works. The actual internal servicing road construction and any building permits will only commence at the discretion of the Director of Engineering Services. 10.5 Resident's Concerns 10.5.1 The concerns of area residents can be summarized as follows: ■ possible removal of trees on the subject site; ■ obstruction of views from the rear yard of the homes on Padfield Drive; ■ increase in traffic due to the number of housing units, situated on Aspen Spring Drive; and ■ inaccurate marketing material in sales offices. 10.5.2 There are trees located on the north portion of the subject site adjacent to the railway. These trees appear to be new growth, appearing only after the lands have been left fallow from previous agricultural use. They have not been identified as significant woodlands by the Clarington Official Plan. As a Condition of Draft Approval, the developer will be required to submit a Tree Preservation Plan, prepared by a qualified REPORT NO.: PSD -148-05 PAGE 11 professional to determine if or how many trees should be preserved on site. The report will be reviewed in conjunction with the engineering drawings for the Plan of Subdivision as finally approved by the Director of Engineering Services. 10.5.3 The subject property is within the urban area and has been designated for residential development since 1996. Development of these lands may impact views towards the lake from residents of Padfield Drive. This is not unusual in the development of urban lands. The rear yards of homes on Padfield Drive are elevated above the elevation of Green Road. The subject property will be regraded but to what extent is unknown at this time, in absence of Preliminary Grading Plan. 10.5.4 Green Road is designated as a Type "B" Arterial Road and is designed to carry significant volumes of traffic at moderate speeds for long distances. Aspen Springs Drive is a collector road and designed to carry moderate volumes of traffic over short distances. These roads minimize impacts on local streets and serve as transit corridors. The location of medium or higher density uses and schools along these roads is appropriate. 10.5.5 Council approved a policy for marketing and sales material in 2001. Developer/builders are required to provide marketing and sales material to Staff for review as a condition in the Subdivision Agreement. Kaitlin is involved in developing north and south of the railway in the vicinity of the subject lands. As noted in the report, the subdivision design has gone through extensive revisions, and the plan prior to that now being considered by Council, did have a park block immediately south of the railway. Staff recently inspected the sales office, for the subdivision on the east side of Green Road prior to writing this report. The display material did not show uses in Darlington Green neighbourhood. Staff have spoken to the developer and requested that all material be updated. 10.6 The applicant does not have details on the proposed housing form proposed for Block 154. The applicant has requested that approval for these lands provides the flexibility for either townhouses or apartments. The conditions of draft approval specify a maximum of 201 townhouse or apartment units. Until such time additional details on site grading and site development are available, staff recommend deferring the specific zoning for the Block 154. This will allow staff to evaluate the specifics of the site, and allow the zoning to reflect appropriate design standards for the proposed uses. 10.7 Tax Status The Finance Department advises that the taxes for the subject property have been paid in full. REPORT NO.: PSD -148-05 PAGE 12 11.0 RECOMMENDATIONS AND CONCLUSIONS 11.1 The applications have been reviewed in consideration of the comments received from area residents, the circulated agencies, the Regional and Clarington Official Plan and Zoning By-law. The Owner has agreed to the Conditions of Draft Approval as contained in Attachment 5. In consideration of the comments contained in this report, Staff respectfully recommend the adoption of the Official Plan amendment contained in Attachment 4, the proposed plan of subdivision as contained in Attachment 3 be APPROVED subject to the Conditions of Draft Approval as contained in Attachment 5, and that the rezoning as contained in Attachment 6 to be APPROVED. Attachments: Attachment 1 — Key Map Attachment 2 - Previous Draft Plan of Subdivision Attachment 3 - Current Proposed Draft Plan of Subdivision Attachment 4 - Amendment 47 to the Clarington Official Plan Attachment 5 - Conditions of Draft Approval Attachment 6 - Zoning By-law Amendment Attachment 7 - By-law Authorizing Subdivision Agreement List of interested parties to be notified of Council's decision: Ann Fennell Steve Flewelling Doug Wilson Rob Larocque Kelvin Whalen Ms. Jacklyn Cooney Kevin Tunney Tom Bozanis Attachment 1 To Report PSD -148-05 _ V , - m a '� �. t _bl•I I �.s -r I \ V A • �,3, 1 Q I Z W ; -- W la I� _ I ----1----------- ----- --- - -- - - - -- BASELINE ROAD Bowmanville Key Map COPA 2004-004 Clarington Official Plan Amendment 18T-90051 Subdivision Application DEV. 91-003 Zoning By-law Amendment Owner: WED Investments Ltd. WI I i i`f' il, ATTACHMENTI# TO REPORT #f % A CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005 - being a By-law to adopt Amendment No. 47 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 for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit the relocation of Public Elementary School symbol and Medium Density symbol, deletion of a Neighbourhood Park symbol and adjustment to the neighbourhood population targets; NOW THEREFORE BE IT RESOLVE THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 47 to the Clarington Official Plan, being attached Explanatory Text, is hereby adopted. 2. That 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 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk Attachment 4 To Report PSD -148-05 AMENDMENT NO. 47 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Official Plan of the Municipality of Clarington by relocating the Medium Density Residential, and Public Elementary School symbols deleting the Neighbourhood Park Symbol, and to revise the population and housing targets within the Darlington Green Neighbourhood for the Bowmanville Urban Area. BASIS: This Amendment results from a detailed review of the appropriate locations for the public elementary school, neighbourhood park and medium density housing within Draft Plan of Subdivision 18T- 90051. AMENDMENT: The Clarington Official Plan is hereby amended as follows: By amending Map A3 — Land Use Bowmanville Urban Area as shown on Schedule "A". 2. By amending Map E-2 Neighbourhood Planning Units as shown on Schedule "B". 3. By amending Table 9-2 Housing Targets by Neighourhoods by decreasing the low density target from 700 units to 675 units and by increasing the medium density target from 175 units to 375 units so that it is as follows: Table 9-2 Housing Targets by Neighbourhood Urban Area Neighbourhoods Housing Units Residential Areas Central Areas Intensification Total Low Medium High Medium High Bowmanville Darlington Green 675 375 0 0 0 125 1175 Total 13,100 3,425 22,575 IMPLEMENTATION: The provisions set forth in the Clarington Official Plan regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan regarding the interpretation of the Plan, shall apply in regard to this Amendment. EXHIBIT "A" AMENDMENT No. 47 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP A3, LAND USE, BOWMANVILLE URBAN AREA �R. P S Delete Neighbourhood Park psPEN Symbol M H H M w M o ry M OU� w k :f t W W /LJJ LL 5 Relocate School and ' �i Medium Density Symbols i n A SCHEDULE "B" AMENDMENT No. 47 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN MAP E2, NEIGHBOURHOOD PLANNING UNITS, BOWMANVILLE URBAN AREA 1 I 1 I I 12 DARLINGTON 200 400 600 800 m NEIGHBOURHOOD PLANNING UNITS BOWMANVILLE URBAN AREA - URBAN BOUNDARY NEIGHBOURHOOD BOUNDARY (100 POPULATION POPULATION ANDS OFFICIAL PLAN MUNICIPALITY OF CLARINGTON NOVEMBER 14, 2003 REFER TO SECTIONS 5 AND 9 Attachment 5 To Report PSD -148-05 Dated: November 22, 2005 CONDITIONS OF DRAFT APPROVAL Applicant: WED Investments Limited Location: Part Lot 17, Concession 1, former Township of Darlington File No.: 18T-90051 The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T- 90051 prepared by Sernas Associates identified as job number 89168, dated July, 2004 and revised October 2005, which illustrates a total of 389 residential units composed of 144 lots for single detached dwellings; 44 street townhouse units, a medium density block for up to 201 townhouse and/or apartment units, a school block, a park block and various road widenings and reserves. 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 the 0.3 metre reserves shown on Blocks 157-163 on the draft plan to the Municipality of Clarington, free and clear of all encumbrances. 5. The Owner acknowledges and agrees that no direct access will be permitted onto Street "A" from Blocks 145 to 153. Access to these blocks will be provided by way of easement through Block 154. 6. The Owner shall convey a 5.20 metre road widening, across the entire frontage of the draft plan shown as Block 164, for the purposes of widening Green Road, to the Municipality of Clarington, free and clear of all encumbrances. 7. The Owner acknowledges and agrees that development of Blocks 145 and 153 cannot not proceed until such time as the additional road widening required to facilitate the construction of the grade separation at Green Road and the St. Lawrence and Hudson Railway is determined by the Director of Engineering Services. Dedication of the road widening will be required prior to issuance of Site Plan Approval for development of Block 154. 8. The Owners agree to determine whether traffic calming measures are required and shall design and construct such traffic calming measures to the satisfaction of the Director of Engineering Services. 9. The Owner shall convey 7.0 metre X 14.0 metre sight triangles at Street "A" and Green Road and Street "C' and Green Road to the Municipality of Clarington, free and clear of all encumbrances. 10. The Owner shall convey 5.0 metre X 5.0 metre sight triangles on all other local roads at various locations to the Municipality of Clarington, free and clear of all encumbrances. 11. The Municipality agrees, if requested, by the Owner, to enter into a Front Ending Agreement with the Owner and the benefiting owner(s) respecting front ending costs to service the lands on the south side Street "E" . The Owner will prepare background study to the satisfaction of the Director of Engineering Services. All costs associated with the Front Ending Agreement including background reports and legal fees will be borne by the Owner. 12. The Owner acknowledges that temporary turning circles are required at the terminus of Streets "A", "E" and "G", as well as any streets that are constructed in the earlier phases of development. Any lots affected by the presence of temporary turning circles or the presence of other temporary road configurations may remain frozen until such time as these streets are extended and constructed to a finished urban road way including, regional services, asphalt paving, curb, gutter, sodded boulevard, sidewalks, street trees and street lighting for the entire frontage width abutting the frozen lots. 13. The Owner shall submit plans showing the proposed phasing to the Region of Durham and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration. 14. The Owner acknowledges and agrees that the servicing of the development cannot proceed, except in conjunction with the works being undertaken by the Municipality of Clarington for the reconstruction of Green Road and Baseline Road, as well as the installation of sidewalks and street illumination and any related external works, to the satisfaction of the Director of Engineering Services. 15. The Owner acknowledges and agrees that the registration of any phases of the draft plan shall be at the discretion of the Director of Engineering Services, in consideration of a Traffic Implementation Plan which shall be prepared by the Owner, and which will review the requirement and timing of all external accesses to the development including the Green Road grade separation at the St. Lawrence and Hudson Railway. 16. The Owner acknowledges and agrees that development of Blocks 145 to 153 inclusive shall proceed through an application for Site Plan Approval. 17. The Owner shall convey Block 156 to the Municipality of Clarington free and clear of all encumbrances for park or other public recreational purposes in accordance with the Planning Act. 18. The Owner agrees to undertake the preparation of a conceptual park plan including proposed grading to demonstrate that the proposed park size configuration and topography will allow for the construction of park facilities to the satisfaction of the Municipality. In addition, the owner is required to provide the park site graded in accordance with the park concept plan including storm water servicing. The park site must be fenced and seeded with a minimum cover of 200 mm of topsoil. Servicing such as hydro, sanitary sewer and water should be stubbed at the property line along the park frontage on Street "B". 19. The Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 20. The Owner shall be 100% responsible for the cost of all earthworks that are deemed necessary by the Director of Engineering Services to facilitate this development including earthworks within the road allowance for Green Road. All required earthworks must be completed to the satisfaction of the Director of Engineering Services prior to any development of the subject lands. 21. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan including fencing details, boulevard treatments, community entrance features, signage and lighting to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall meet the minimum design criteria of the Municipality as amended from time to time. 22. The Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 23. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 24. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 25. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 26. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 27. The Owner shall submit a detailed tree preservation plan to the satisfaction of the Municipality of Clarington. No trees shall be removed until such time as this plan has been approved except as authorized by the Municipality. 28. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 29. That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 30. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge by-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. 31. Prior to final approval, the Owner is required to submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. 32. Prior to final approval, the proponent shall engage a qualified professional to carry out to the satisfaction of the Ministry of Citizenship, Culture and Recreation, an archaeological assessment of the entire property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Citizenship, Culture and Recreation confirming that all archaeological resource concerns have been met including licensing and resource conversation requirements. 33. Prior to any on-site grading or construction or final registration 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 stormwater flow from the site, including use of stormwater 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 Westside Creek Master Drainage Plan and approved addendums; b. the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; and 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. 34. Prior to the registration of the plan, the Owner shall provide written verification to the Central Lake Ontario Conservation Authority that all down stream easements/downstream landowner sign -offs for the conveyance of stormwater to the stormwater management facilities have been obtained. 35. That prior to final approval of the plan, the Owner shall submit to the Central Lake Ontario Conservation Authority, plans/reports describing any necessary interim drainage works required to convey drainage to the stormwater management facilities. 36. The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees owing per the approved Authority Fee Schedule. 37. The Owner shall agree within the subdivision agreement with the Municipality of Clarington to carry out or cause to carry out the recommendations and requirements of Conditions 33 & 35. 38. The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation of any on-site works. 39. The Owner agrees that no filling, grading or alteration to the water course shall occur on the property without the prior written approval of the Conservation Authority. 40. The Owner shall enter into a written agreement with the Kawartha Pine Ridge District School Board which provides for the future acquisition of the school site, as shown as Block 155 on the draft plan, to the satisfaction of the School Board. The agreement shall, among other matters, provide for the rough grading of Block 155, the provision of all municipal services to the site and sized and located in consultation with the School Board. In addition, a 1.8 metre high chain link fence on the perimeter of Block 155 where it abuts proposed residential lands and fronting onto Green Road. The fencing shall be installed to the satisfaction of the Kawartha Pine Ridge District School Board. 41. The Owner shall submit plans indicating existing and proposed grades, drainage and servicing for approved by the Municipality of Clarington for all lots, easements and roads abutting Block 155. 42. The Owner shall provide the Kawartha Pine Ridge District School Board with a report detailing the soil bearing capacity and composition of soils within Block 155. 43. That the Owner agrees to post the following "Notice to Parents" in all sales office centres. "Notice to Parents Students from this area may have to attend existing schools. Although a school site has been reserved within this plan of subdivision; a school may not be built for some time, if at all, and then only if the Ministry of Education authorizes funding and construction of this required school." 44. The Owner has prepared and submitted to the Municipality of Clarington, a noise report prepared by Sernas Associates, dated August 2005. The report is based on projected traffic volumes provided by the Region's Planning Department, recommending any necessary noise attenuation measures for the draft plan in accordance with the Ministry of the Environment guidelines. The Owner shall agree in the Municipality of Clarington subdivision agreement to implement the recommended noise control measures. The agreement shall contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the noise report. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 45. The Owner shall provide the Municipality of Clarington with a revised noise impact study for review and approval, with the application for Site Plan approval for development of Blocks 145 to154. 46. 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 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. 47. The Owner shall submit to Ontario Hydro, for review and approval, a detailed grading and drainage plan showing existing and final grades. 48. The Owner shall agree in the agreement in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunications services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the owner/developer shall be responsible for the relocation of such facilities or easements. 49. The Owner shall be required to enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality and if no such conditions are imposed the owner shall advise the Municipality of the agreement made for such servicing. 50. The Owner shall provide for the extension. of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions 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. 51. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 52. The Regional Municipality of Durham shall be satisfied that sanitary sewer and water supply services have been installed, or shall be installed, in the abutting/adjacent plan of subdivision. 53. 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. 54. 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 the Region concerning the provision and installation of sanitary sewers, water supply, roads and other Regional services. 55. The Owner agrees to place the following in all agreements of purchase and sale between the Builder and all prospective home buyers: a. a disclosure advising home buyers of municipal parking regulations, to the satisfaction of the Director of Planning Services. b. "Due to the proximity of this plan to St. Lawrence and Hudson Railway and future extension of Green Road purchasers should be aware that traffic noise may interfere with some activities of the dwelling occupants." C. "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 and the future extension of Green Road may occasionally interfere with some activities of the dwelling occupants." d. "Purchasers and tenants are warned of the existing of St. Lawrence and Hudson Railway 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 attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the Railway's use of its facilities and/or operations. e. "Purchasers and tenants are notified that the berm, fencing and other noise attenuation measures are not to be tampered with or altered and further that the Owner shall have the sole responsibility for and shall maintain these measures to the satisfaction of St. Lawrence and Hudson Railway." 56. Owner agrees to register on the title of all lots a notice to indicate that both the present Owner(s) and future Owner(s) are fully aware of the existence of farming operations nearby and will not object, complain or seek legal action against such nuisances as noise and odour resulting from normal farming practices. 57. 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) Region of Durham Planning Services, how Conditions 1, 2, 3, 12, 29, 30, 44, 50- 52 and 54 have been satisfied; b) Central Lake Ontario Conservation Authority, how Conditions have 33 to 39 been satisfied; c) Bell Canada, how Conditions have 48 and 49 have been satisfied; Kawartha Pine Ridge District School, how Conditions have 40 to 43 been satisfied; 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. Region of Durham 605 Rossland Road East, P.O. Box 623 Whitby, Ontario L1 N 6A3 (905) 668-4113. b. Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, LIH 3T3 (905) 579-0411. C. Ontario Hydro Services Company, Real Estate Services, 7676 Woodbine Avenue, Suite 300, Markham, Ontario, UR 2N2 (905) 948-6015. d. Bell Canada, Right of Way, Floor 5, 100 Borough Drive, Scarborough, Ontario M1 P 4W2 (416) 296-6291 e. Kawartha Pine Ridge District School Board, 1994 Fisher Drive, P.O. Box 719 Peterborough, Ontario K 9J 7A1 Attachment 6 To Report PSD -148-05 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005 - being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended to implement application DEV 91-003; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 13 "SPECIAL EXCEPTIONS —URBAN RESIDENTIAL TYPE (R2-20) ZONE" is hereby amended by deleting 13.4.20 c) iii) and replacing it with the following: iii) exterior side yard 6 metres to attached private garage 4.5 metes to dwelling 2. Section 14 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE (R3-28) ZONE" is hereby amended by adding a thereto a new Special Exception 14.6.28 as follows: "Section 14.6.28 URBAN RESIDENTIAL EXCEPTION (R3-28) ZONE Notwithstanding Sections 3.16 e) and 14.3 a) to c) those lands zoned R3-28 on those Schedules to this By-law shall only be used for on -street townhouses, subject to the following regulations: a) Lot Area (minimum) i) interior 220 sq.m. ii) exterior 270 sq.m. b) Lot Frontage (minimum) i) interior 7.0 metres ii) exterior 8.5 metres c) Yard Requirements (minimum) i) front yard 3.0 metres ii) interior side yard to private right of way 4.5 metres to the dwelling; 6.0 metres to the attached garage iii) interior side yard 1.5 metres iv) exterior side yard 4.5 metres to the dwelling; 6.0 metres to the attached garage v) rear yard 1.5 metres to the detached garage and 10 metres to the dwelling; 6.0 metres to the attached garage; and 9.0 metres to the dwelling d) No driveway or garage shall be located in the front yard of any dwelling. Schedule 3 to By-law as amended is hereby further amended by changing the zone from "Agricultural (A) Zone" to "Urban Residential Type Two (R2) Zone"; "Urban Residential Exception (R2-20) Zone` "Holding -Urban Residential Type Two(R2) Zone"; and "Holding — Urban Residential Exception (R3-28) Zone". BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2005- , passed this day of , 2005 A.D. no Zoning Change From A' To R2" Zoning Change From "A" To "(H)R2" Zoning Change From "A" To "R2-20" ® Zoning Change From "A" To "(H)R3-28" Zoning To Remain "A" 0 O z LU John Mutton, Mayor Patti L. Barrie, Municipal Clerk `r'O V R�6 T�f! o" PT' 0 0� SPRINGS d LITTLE AVE. a w o fGR� m LAWRENCE z e� x J it < CIO c M z MEADOWS ARTW LL G9lt" ';' DOREEN F?,SG Fy, F z AVE. 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ROAD w o BASELIN z Bowmanville Attachment 7 To Report PSD -148-05 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005 - being a By-law to authorize entering into an agreement with the Owners of Plan of Subdivision 18T-90051 any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of 18T-90051 WHEREAS General Purpose and Administration Committee on December 5, 2005, authorized the Director of Planning Services to issue draft approval for draft Plan of Subdivision 18T- 90051 located in Part Lot 17, Concession 1, former Town of Bowmanville and authorized the execution of a subdivision agreement with the Owner; AND WHEREAS the Owner(s) of draft Plan of Subdivision 18T-90051 desires to proceed to final plan approval and to enter into a subdivision agreement with the Municipality of Clarington; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation's seal, an agreement with the Owners of Plan of Subdivision 18T-90051 at such time as the subdivision agreement has been finalized to the satisfaction of the Director of Engineering Services and the Director of Planning Services. 2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality, the conveyances of lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this day of BY-LAW read a second time this day of 2005 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk