HomeMy WebLinkAboutPSD-014-06
c;l~-!lJglon
REPORT
PLANNING SERVICES
~- --_._---~_._._-~"'------~-----_._-_._-------~ ...---.-----...-
_u' __'_____. _.__. ___________._________________ _____~___~__.____.____.____
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, February 6, 2006
Report #: PSD-014-06 File #: ZBA 2005-030 and
COPA 2005-007
-.' -- - _.__n.n.,_,. -'-'-.~__.u__. .---__.__________ __ _ __, _____ _____ ___ ___~_n
vi ,,"! I /, <I
By-law #: ,'~, (, ( ., ".,J.""
.u....~'~L2(0 ~" /'-:3L-LL}.~
Subject:
APPLlCA TIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-
LAW TO PERMIT THE WESTERLY EXPANSION OF WILMOT CREEK COMMUNITY
WITH APPROXIMATELY 66 ADDITIONAL SINGLE DETACHED DWELLING UNITS
APPLICANT: RIDGE PINE PARK INC.
--- _.____n__~ .---..-.--"',------ -- -- -......--------.---_____._ _ _ '.___________ _ __ .._ __ __....u__n,.____., '.n _ __ _ ___..__.__ ___,_ "__..'____, ___ __on _"__ _____ ____ __, ___'_.. __~..____._______________.~_..__. _______.__.,.
RECOMMENDA TlONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1 THAT Report PSD-014-06 be received;
2. THAT Amendment No. 48 to the Clarington Official Plan as submitted by Ridge Pine Park Inc. to
expand westerly the Wilmot Creek Adult Lifestyle Community by extending the Urban
Residential area and Special Policy Area B to the west and to place a District Park symbol on
the area of the Municipal Waterfront Park as contained in Attachment 2 be ADOPTED;
3 THAT the rezoning application submitted by Ridge Pine Park Inc. be APPROVED and that the
Zoning By-law Amendment as contained in Attachment 3 be adopted by Council;
4. THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time that the
applicant has satisfied the provisions of Section 23.4.3 of the Official Plan including executing a
site plan agreement; and
5. THAT all interested parties listed in Report PSD-014-06, any delegations, and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
Submitted by:
L~
o.6crome, MCIP, RPP
Director of Planning Services
Reviewed by:
(,,-,J /(-e~. . {/C~____ (^,-jL\.
Franklin Wu,
Chief Administrative Officer
BR/CP/DJC/sh/df
January 31, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-014-06
Page 2
1.0 APPLICATION DETAILS
1 .1 Owner:
Ridge Pine Park Inc.
1.2 Applicant:
(same as owner)
1.3 Clarington Official Plan Amendment:
To redesignate lands from Waterfront Greenway to
provide for the westward expansion of the Urban
Residential designation subject to Special Policy Area
B (Wilmot Creek Community) and to add a District
Park symbol.
1.4 Rezoning:
Appropriate to permit proposed 66 residential unit
development.
1.5 Area:
Area to be developed: 6.48 hectares (16.02 acres).
1.6 Location:
The area to be developed is at the western limits of
Wilmot Creek Community in Part of Lot 4, Broken
Front Concession, former Township of Darlington.
2.0 BACKGROUND
2.1 On June 24, 2005, the Planning Services Department received from Ridge Pine
Park Inc. an application to amend the Clarington Official Plan and an application
to rezone the area for expansion of the "gated" residential community. The
official plan amendment application was submitted to provide for the westward
expansion of the Urban Residential designation within Special Policy Area B on
lands currently designated Waterfront Greenway. The rezoning was submitted to
permit approximately 66 dwellings, all single detached, and related private
streets in the 6.483 hectares (16.02 acres) area to be developed. It is proposed
that the balance of the site of 7.287 hectares (18.01 acres) be acquired for
municipal park purposes. Supporting documents submitted were:
. Phase 1 Environmental Site Assessment,
. Noise Feasibility Study;
. Geotechnical Investigation and Slope Stability Analysis Report (with an
Addendum),
. Functional Servicing Report,
. Archaeological Report; and
. Traffic Impact Study.
On January 25, 2006, the Planning Services Department received from Ridge
Pine Park Inc. a Site Plan Approval application which detailed the development.
REPORT NO.: PSD-014-06
Page 3
2.2 A public meeting for the proposed official plan amendment and rezoning was
held on September 19, 2005. Two Wilmot Creek Community residents spoke at
the meeting. The first resident spoke in opposition to the application since he felt
the new subdivision was in "greenbelt protected lands" and that more agricultural
land was being used for residential purposes. The second resident, the
President of the Wilmot Creek Homeowners Association, spoke in support of the
application but did note that the Community's existing residential facilities will not
accommodate the needs of an expanded community and therefore, the facilities
should be expanded.
David Rice spoke on behalf of Ridge Pine Park Inc. and gave an overview of the
application, noting the proposal is not within the Greenbelt but rather, within the
Urban Area. He commented that Ridge Pine Park Inc. is committed to: building
both the Waterfront Trail in the vicinity of the residential community and an
addition to the Community's recreation facilities building. No commercial uses
are proposed for the area.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The area to be developed is currently vacant.
3.2 The surrounding land uses are as follows:
North: CN Railway
South: One dwelling on a rural residential lot and Lake Ontario
East: West End of Wilmot Creek Community
West: the above referenced lot and Bennett Road
4.0 PROVINCIAL POLICY STATEMENT CONFORMITY
4.1 The proposed development is within an urban area and abutting a fully serviced
settlement area is, in short, a land use efficiency, consistent with the policy
statement.
5.0 OFFICIAL PLAN CONFORMITY
5.1 The Durham Regional Official Plan designates the proposal area as Living Area
and the applications conform.
5.2 The Clarington Official Plan designates all of the property as Waterfront
Greenway within an urban area. The predominant use of land is for recreation,
tourism uses, conservation and agricultural uses. The proposed use does not
conform, hence this application. The lands east of the subject property are
Urban Residential within Special Policy Area B. The Special Policy Area
recognizes the private leasehold community catering to seniors or retired
REPORT NO.: PSD-014-06
Page 4
residents. The Clarington Official Plan identifies the property along the edge of
Lake Ontario as Regulatory Shoreline. Policies of the Waterfront Greenway
designation require new development to provide public access to the waterfront,
protect natural and cultural heritage resources and ensure land use compatibility.
6.0 ZONING BY-LAW COMPLIANCE
6.1 The property is zoned "Agricultural (A)". The proposal for approximately 66
additional detached dwellings does not conform, hence, this rezoning application.
7.0 AGENCY COMMENTS
7.1 The rezoning application was circulated to various agencies and other
departments by the Planning Services Department. Rogers Cable and
Clarington Emergency and Fire Services have no objections. Other comments
received to date are as follows.
7.2 Having reviewed the Traffic Impact Study, the Ministry of Transportation has no
objections.
7.3 Bell Canada and Enbridge Gas have no objections subject to the conditions of
site plan approval.
7.4 Clarington Engineering Services advised they have no concerns regarding the
proposal. The existing municipal roadways are rural and not urban and the
absence of storm sewers combined with no upgrading plans in the foreseeable
future led the Department to request that no approval be provided at this time.
7.5 C.N Rail is satisfied with the Noise Feasibility Study, as revised, and an
agreement between C.N. Rail and Ridge Pine Park Inc. is being executed at this
time.
7.6 Regional Planning has determined that the proposed residential development is
situated within the "Living Area" designation. The remainder of the site is within
the "Waterfront - Major Open Space" designation. A Noise Study regarding the
C.N. Railway line is required, has been submitted, and has been found to contain
appropriate noise control measures including necessary warning clauses to
inform future owners. An archaeological assessment is required. Shoreline and
erosion control measures are to be addressed to the satisfaction of the
Conservation Authority and the Municipality. Water supply and sanitary sewer
service is available as internal services privately maintained by Ridge Pine Park
Inc. The applicant will be responsible for any external upgrades required to
provide adequate servicing for their proposed expansion. This application is
considered to have no significant Regional or Provincial concerns and therefore,
is exempt from Regional approval.
REPORT NO.: PSD-014-06
Page 5
7.7 Central Lake Ontario Conservation is generally satisfied with Terraprobe's
original report as augmented by Terraprobe's supplemental report and has no
objections regarding slope stability setbacks. The remaining concerns for
drainage into the ravine and potential erosion will have to be addressed in the
design of the storm water system.
8.0 STAFF COMMENTS
8.1 Wilmot Creek Community is almost entirely built out. Phases 1 to 6, together with
the proposed westerly expansion (Phase 7) of Wilmot Creek Community, will
generate fewer total dwelling units (944) than was originally envisioned for the
Community through the Clarington Official Plan and its dwelling unit maximum of
960 units.
8.2 The proposed 66 single detached dwellings is consistent with the housing form in
the majority of the development, 916 dwelling units being single detached, and
the remaining small number of dwelling units being either similar low density - 12
semi-detached, or medium density - 16 townhouses.
8.3 Waterfront access and open space are imperatives of Council and the proposed
Waterfront District Park will meet these requirements for this part of the
lakeshore. Ridge Pine Park Inc. will construct a portion of the waterfront trail
from Bennett Road to connect with the South Service Road providing for a
missing link in the trail system. The Waterfront Trail's improvement and
integration, other critical objectives of Council, are being secured in the
Waterfront Park lands being acquired by the Municipality.
8.4 An emergency access route to the development will be constructed by Ridge
Pine Park over the municipal park area along the railway corridor. It will be used,
if necessary, by emergency response vehicles to access the Wilmot Creek Adult
Lifestyle Community or by residents in the event of an evacuation. The primary
access route remains along Wilmot Creek Drive.
8.5 Clarington Engineering Services identified concerns with the proposal as a result
of the rural standards of the existing municipal road infrastructure in the area.
Expansion to the retirement community will mean additional residents, additional
traffic and additional pressure for the Municipality to urbanize Wilmot Creek Drive
and Bennett Road from the development to Highway 2.
8.6 The storm water management pond to service these lands is located within the
park. The storm water management pond is to be designed to a high amenity
standard, including considerable landscaping, to the satisfaction of the Director of
Engineering Services.
When the precise area of the pond has been determined through the final design,
the applicant will reimburse the Municipality for the portion of the purchase price
REPORT NO.: PSD-014-06
Page 6
associated with the lands for the storm water pond and the parkland dedication
requirement.
8.7 The development is setback from Lake Ontario to accommodate the Regulatory
Shoreline and erosion allowance. The proposed setback for the regulatory
shoreline, as described in the Geotechnical Investigation and Slope Stability
Analysis Report, and Addendum, is acceptable to both the Conservation
Authority and the Municipality and in this way addresses the presence of the
regulatory shoreline area.
8.8 Staff is satisfied that for the purposes of the Clarington Official Plan Amendment
and the Zoning By-law Amendment the proposal has been sufficiently finalized to
proceed with approval. Details, such as final storm water management design,
that remain to be completed can be dealt with through site plan approval. The
use of the Holding Symbol on the Residential Zone in conjunction with the Site
Plan Approval process will ensure all municipal requirements are satisfied.
8.9 The Finance Department advises that the taxes for the subject property have
been paid in full.
9.0 CONCLUSION
9.1 The applications have been reviewed in consideration of the comments received
from area residents, the circulated agencies, the Clarington Official Plan and
Zoning By-law 84-63. In consideration of the comments contained in this report,
staff respectfully recommends the adoption of the Official Plan Amendment 48 as
contained in Attachment 2, and the rezoning by-law as contained in Attachment
3.
Attachments:
Attachment 1 - Site Location Key Map and Site Plan
Attachment 2 - Proposed Amendment No. 48 to the Clarington Official Plan
Attachment 3 - Zoning By-law Amendment
Interested parties to be notified of Council's decision:
Mr. Ufton
Mr. Bruce Hadji
Linda Gasser
Ridge Pine Park Inc.
Sernas Associates
Clarington Industrial Services Inc.
Mark and Kisbee Barristers and Solicitors
Bernie Hirseland, McGraw Hill Construction
Jim Reinger
Attachment #1
To Report # PSD-114-06
...- ..---"
...-"'--
~.
r \
~.) .
\---
\ \
. ~
\ .
I ". r
\ ' ----
...--,..
I I
d:
~I
~:
~:
: I
I
I
t
\
-'
. -.---
J
Newcastle Key Map
-
LAKE ONTARIO
LAKE ONTARIO
COPA 2005-007
Clarington Official Plan Amendment
ZBA 2005-030
Zoning By-law Amendment
D Lands Subject to Application
_ Wilmot Creek Retirement Community
Expansion Area
Owner: Ridge Pine Park
Attachment 2
To Report PSD-014-06
AMENDMENT NO. 48
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE:
The Amendment implements the following land use changes:
. The Urban Residential area and Special Policy Area B
coinciding with the Wilmot Creek Adult Lifestyle Community
is expanded onto lands to the west thereof and south of the
CNR in order to permit the expansion of the Wilmot Creek
Community, '
. A District Park symbol is to be placed on the area of a future
Municipal Waterfront Park.
BASIS:
The Amendment is based on an application submitted by Ridge
Pine Park Inc., the owners of Wilmot Creek Adult Lifestyle
Community.
LOCATION:
The Amendment applies to approximately 14 hectares (34 acres) in
Part Lot 4, Broken Front Concession, Former Township of
Darlington, east of Bennett Road, south of the CN Railway and
west of the existing Wilmot Creek Community. The Phase 7 or
westward expansion of Wilmot Creek Community applies to an
area approximately 6 hectares (15 acres) in the east half of the
above property. The balance of the property in the west half is to
remain Waterfront Greenway but it will have a District Park symbol.
ACTUAL
AMENDMENT:
The Clarington Official Plan is hereby amended as follows:
1. By amending Map A1 (Darlington) Land Use as shown on
Exhibit "A":
IMPLEMENTATION: The provIsIons set forth in the Clarington Official Plan, as
amended, regarding the implementation of the Plan, shall apply in
regard to this Amendment.
INTERPRETATION: The provisions set forth in the Clarington Officia,l Plan, as
amended, regarding the interpretation of the Plan, shall apply in
regard to this Amendment.
Attachment 2
To Report PSD-014-06
EXHIBIT "A"
AMENDMENT No. 48 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
MAP A1 (DARLINGTON), LAND USE, DARLINGTON RURAL AREA
LOTS
LOT 4
LOT 3
LOT 2
Cl
<:
o
0:::
HIGHWAY
Cl
0:::
<:
~
()
0:::
401
Add District
Park Symbol
Redesignate To
Urban Residential
Revise Boundary Of
Special Policy Area liB"
z
o
Cii
en
w
(.)
z
o
(.)
I-
Z
o
a::
LL
Z
W
~
o
a::
co
Attachment 3
To Report PSD-014-06
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2006~
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 application ZBA 2005-030;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 13.4 "SPECIAL EXCEPTION - URAN RESIDENTIAL TYPE TWO (R2)
ZONE" is hereby amended by adding thereto, the following new Special
Exception 13.4.42 as follows:
"13.4,42 URBAN RESIDENTIAL EXCEPTION (R2-42) ZONE"
For the purposes of establishing density, the total number of dwelling units in the
R2-16, R4-20 and R2-42 zones shall not exceed 960 mobile home/single
detached dwellings.
A) PERMITTED USES
Only single detached dwellings are permitted.
B) REGULATIONS FOR PERMITTED USED
Each single detached dwelling shall be located on a single land-leased
parcel. For the purposes of this exception zone, the following specific
regulations shall apply as if the land-leased parcels are lots:
a) Site Area (minimum) 400 square metres
b) Site Coverage (maximum) 45%
c) Landscape Open Space (minimum) 30%
d) Gross Floor Area (minimum) 80 square metres
e) Yard Requirements (minimum)
i) Front and Exterior Side Yards 4.5 metres to
dwelling and 1.0 metres
to garage or carport
ii) Rear Yard 7.5 metres
iii) Side Yard that abuts a Residential Zone 1.5 metres
iv) Side Yard that abuts a Non-Residential Zone 3.0 metres
f) Building Height (maximum) 10.0 metres
g) For the purposes of this By-law a carport shall mean
a roofed enclosure which may be attached or detached
to a single detached dwelling, used for the storage or
parking of a motor vehicle and has at least 40% of its
total perimeter open and unobstructed.
2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Agricultural (A) Zone" to "Holding-Urban
Residential Exception ((H)R2-42) Zone" and "Environmental Protection (EP)
Zone" as illustrated on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
4. 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
2006
BY-LAW read a second time this
day of
2006
BY-LAW read a third time and finally passed this
day of
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2006-
passed this day of II 2006 A.D.
,
I
( ,
,/ ~--
,/,-.-
\
) \
1
\...
.'
(
'\
LAKE
ONTARIO
Zoning Change From
wAw To W(H)R2-42w
Zoning Change From
wAw To wEp.
John Mutton. Mayor
Zoning To Remain wEpw
Patti L. Barrie. Municipal Clerk
~
ti
z
ffi
1ZI
~~~:::~ -
II NAnONAi. RAll~Y
II
LAKE ONTARIO
Wilmot Creek