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Home My WebLink AboutPSD-074-17 Confidential Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: October 10, 2017 Report Number: PSD-074-17 Resolution: File Number: LD 040/2017 By-law Number: Report Subject: Appeal to the Ontario Municipal Board of a Decision of the Land Division Committee on April 24, 2017 regarding application LD 040/2017 by Kevin Walters. Recommendations: 1. That Report PSD-074-17 be received; and 2. That Council concur with the decision of the Land Division Committee made on April 24, 2017 for application LD 040/2017 and that the Municipal Solicitor and Staff be authorized to appear before the Ontario Municipal Board in support of the decision of the Durham Land Division Committee on the proposed access easement to a landlocked parcel at 3845 Lakeshore Road, former Township of Clarke. Municipality of Clarington Report PSD-074-17 Page 2 Report Overview Staff recommended the denial of Land Division Application LD 040/2017 which sought to provide an access easement to a landlocked parcel for the purposes of building a single detached dwelling. Staff are seeking Council’s authorization to appear before the Ontario Municipal Board to defend its position on this application which was denied by the Durham Land Division Committee. 1. Application Details 1.1 Owner: Mr. David Hartford. 1.2 Applicant: Kevin Walters 1.3 Proposal: A consent application to create a permanent access easement through the property located at 3845 Lakeshore Road, over the Canadian Pacific Railway and Canadian National Railway to a landlocked parcel to construct a single detached dwelling. 1.4 Area of Access Easement: 176.9 square metres. 1.5 Location: 3845 Lakeshore Road, being Part Lot 22, Broken Front Concession, former Township of Clarke, (See Figure 1). Municipality of Clarington Report PSD-074-17 Page 3 Figure 1 – Subject Property 2. Background 2.1 On March 28 2017, staff received an application from the Land Division Committee for a consent to grant a 176.9 square metre access easement in favour of the property to the south, retaining a vacant 12,376.2 square metre rural residential parcel of land. The access easement would also be over the Canadian Pacific Railway and Canadian National Railway to a landlocked parcel where the applicant has proposed to build a single detached dwelling. 2.2 Staff recommended denial of the consent application. Zoning By-law 84-63 states that no building or structure shall be erected in any zone, unless the lot fronts on an improved public street maintained year round. Facilitating the crossing of four train tracks is not in the best interests of the Municipality. It could allow a new residential Municipality of Clarington Report PSD-074-17 Page 4 dwelling in a location where response by Clarington Emergency Services could be encumbered, delayed or rendered impossible. (See Attachment 1). The Engineering Services Department objected to the application (See Attachment 2). 2.3 At the April 24, 2017 meeting of the Land Division Committee, the Committee denied the application as it does not comply with all applicable plans and policies and is not supported by the Municipality of Clarington. (See Attachment 3). The Region of Durham Planning Department provided comments that the consent application was premature. 2.4 On June 6, 2017, the Municipal Clerk was advised by the Land Division Committee that an appeal had been lodged. The Ontario Municipal Board hearing is set for Wednesday October 18, 2017. 3. Discussion 3.1 The applicant claims that there is a historic level crossing of the railway lines by way of registered easement on title and that the new application would facilitate an additional easement. However, CP Railway indicates that it has no agreement for a crossing at this location and that CP Railway will not provide easements over/across an active right- of-way. CP further notes that if there was a historic farm/private crossing when the railway dissected a property, it is nullified when one side of the property is sold or an alternate access is available. This would apply to the situation. (See Attachment 4). 3.2 The CP and CN rail lines are adjacent to one another in this location. The daily trip generation for CP Rail is 10 trains/day, for the CN Line it is 44 trains/day split between 22 freight trains and 22 passenger trains. The CN line is rated high speed trains at approximately 160 kilometres per hour. 3.3 Planning Policy Framework The planning policy framework, among other things seeks to minimize land use conflicts and protects the health and safety of all inhabitants. The Planning Act The Planning Act R.S.O 1990. c. P.13, specifically Section 53 (12), and 51 (24) states that regard shall be had for, among other matters, health and safety, convenience, and the welfare of the present and future inhabitants of the municipality. The Provincial Policy Statement The Provincial Policy Statement (PPS) states municipalities should avoid development and land use patterns which may cause environmental or public health and safety concerns. In addition, the PPS planning for land uses in the vicinity of airports, rail facilities and marine facilities shall be undertaken so that their long-term operation and economic role is protected; and airports, rail facilities and marine facilities and sensitive land uses are appropriately designed, buffered and/or separated from each other. Municipality of Clarington Report PSD-074-17 Page 5 Clarington Official Plan The goal of the transportation section in the Clarington Official Plan, specifically Section 19.1 Connected Transportation Systems, is to facilitate the movement of people and goods by means of an integrated, accessible, safe and efficient transportation system. In addition, the municipality will seek to minimize and alleviate wherever possible the conflicts between railways with adjacent land uses.\ 3.4 Staff’s comments to the Land Division Committee assumes that the lot south of the railway will be used for a single detached dwelling. However, the applicant’s solicitor has advised that this is not the case. If the access easement is granted these lands are eligible for a building. 3.5 To avoid the land use conflict with the railway, the applicant could obtain an access easement from Stephenson Road over the lands to the west. 3.6 The approval of the access easement will create potential land use conflicts and an unsafe situation. Firstly, there is greater potential for an accident between vehicles crossing the rail lines and trains. The average trips generated by a household is 6 to 10 per day which is much greater than farmers wishing to cross the tracks to cultivate the lands, which would only be 5 or 6 times per year. Secondly, with four railway lines in this area there is greater potential for train stoppages or derailment therefore potentially isolate the dwelling from provision of emergency services. The creation of the easement will create a land use conflict that is not consistent with the provisions of the Planning Act, provincial policy and the Clarington Official Plan. 4. Conclusion The purpose of this report is to seek Council’s authorization to appear before the Ontario Municipal Board to oppose an appeal of a decision of the Durham Land Division Committee with respect to the creation of an access easement to a landlocked parcel for the purposes of building a single detached dwelling. Municipality of Clarington Report PSD-074-17 Page 6 Submitted by: Robert Maciver LL.B MBA David Crome, MCIP, RPP Municipal Solicitor Director of Planning Services Reviewed by Andrew C. Allison, B. Comm, LL.B Chief Administrative Officer Staff Contact: Cynthia Strike, Principal Planner, 2410 or cstrike@clarington.net Attachment 1: Clarington comments to Land Division Committee Attachment 2: Engineering Services Comments Attachment 3: Minutes of the Land Division Committee Attachment 4: Extracts from an email from CP Railway I:\^Department\LDO NEW FILING SYSTEM\Application Files\LD-Land Division\2017\LD 040-2017 - 3845 Lakeshore Road\Reports\PSD-074-17 Staff Report.docx CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 905-623-3379 www.clarington.net Comments to Land Division Committee Meeting for April 24, 2017 Application Number: LD 040/2017 Applicant: Kevin Walters Location: 3845 Lakeshore Road, Clarington Part Lot 22, Broken Front Concession, former Township of Clarke Proposed Use: Consent to grant an access easement Description of Application The purpose of this application is to create a permanent access to the subject property through an application for consent to grant a right-of-way over the lands fronting Lakeshore Road, north of the Canadian Pacific Railway and Canadian National Railway. The access easement is proposed to cover a 176.9 square metre area of the subject property. Provincial Policy Provincial Policy Statement The subject lands are located in the “Rural Areas”. In rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. Development within the rural areas shall be appropriate to the infrastructure which is planned or available. Greenbelt Plan The subject lands are within the Protected Countryside of the Greenbelt. The Greenbelt Plan directs growth to existing settlement areas and promotes intensification of land within settlement areas. The subject lands are not located within a settlement area. Conformity with Official Plan Provisions Within the Clarington Official Plan the subject lands are designated as “Waterfront Greenway”. The predominant use of land within the Waterfront Greenway shall be passive and active recreations uses, compatible tourism uses, conservation and agriculture. Additionally, Section 23.7.1 of the Municipality of Clarington Official Plan speaks to severances. Severances shall only be given when land fronts on an open and maintained public road. The subject lands are within an area identified as the “Regulatory Shoreline Area” on the Natural Hazards and Land Characteristics Map in the Clarington Official Plan. Policies for lands within the Regulatory Shoreline Area state that the construction of new buildings or structures of any type is not permitted. Attachment 1 to PSD-074-17 LD 040/2017 Page 2 Conformity with Zoning By-Law Provisions Within Comprehensive Zoning By-law 84-63, the subject lands are zoned “Agricultural (A)” and “Environmental Protection (EP)”. The General Provisions of Zoning By-law 84-63 state that no building or structure shall be erected in any zone, unless the lot fronts on an improved public street, maintained year round. Comments The purpose of this consent application is to create an approximate 176.3 square metres access easement in favor of the Owners of the landlocked parcel to the south of the property located at 3845 Lakeshore Road. The consent would grant a permanent right-of-way over the lands fronting Lakeshore Road, north of the Canadian Pacific and Canadian National Railways. The two properties are divided by two railway tracks that run east-west through the entirety of the property. The applicant proposes to establish a perpetual easement for the purpose of building a new residential dwelling. The proposed consent would facilitate access from Lakeshore Road to a property that is located south of both the Canadian Pacific Railway as well as the Canadian National Railways. Accessing the property for the new dwelling would require a level crossing of both railways. Regardless of the position of any other agencies, it is not in the best interest of the Municipality of Clarington to create a new residential dwelling in a location where response by Clarington Emergency Services could be encumbered, delayed or even rendered impossible. Clarington Engineering Services objects to this application. Recommendations Given the above-mentioned comments it is recommended that the Committee DENY the application for consent to create an access easement. Carlo Pellarin, MCIP, RPP Manager, Development Review Branch CP/AW/df/av Cc: LDO April 20, 2017 i:\^department\ldo new filing system\application files\ld land division\2017\ld040-2017 - 3845 lakeshore road\ld comments april 20-17.docx Attachment 2 to PSD-074-17 Attachment 3 to PSD-074-17 Attachment 4 to PSD-074-17