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HomeMy WebLinkAboutPSD-047-08 ClaL- ~Rg:mgron REPORT PLANNING SERVICES Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, May 12, 2008 ~.sdlv\-tlO{) ~PA-313--0~ Meeting: Report#: PSD-047-08 File #: LD004/2008 By-law #: Subject: REPORT FOR INFORMATION REGARDING APPEAL OF LAND DIVISION COMMITTEE DECISION APPLICANT: ERHARDT WITZKE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-047-08 be received for information; and 2. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: ~David . Crome, M.C.I.P., R.P.P. .) Director of Planning Services Reviewed by: ()~~ Franklin Wu, Chief Administrative Officer SNCPIDJC/av/df May 5, 2008 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-047-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: D.G. Biddle & Associates 1.2 Owner: Erhardt Witzke 1.3 Land Division Application: For consent to sever a vacant 10.67 ha parcel of land for further development within the urban area boundary of boundary of Bowmanville, retaining a 17.55 ha lot for agricultural purposes outside Bowmanville Urban Area. 1.4 Site Area: 28.22 ha 1.5 Location: The subject lands straddle the west limits of the Bowmanville Urban Area boundary, on the north side of Baseline Road and east of Maple Grove Road. The property is contained within Part Lots 17 and 18, Concession 1, in the former Township of Darlington. 2.0 BACKGROUND 2.1 In December of 2007, the Municipality of Clarington was circulated by Regional Land Division an application for consent to sever a vacant parcel for future development. Durham Region is the approval authority on all land division applications and the Municipality of Clarington is a commenting agency. 2.2 A decision was made on January 14, 2008, by the Land Division Committee to approve the application as the application conformed to Provincial Policies, the policies of the Durham Regional Official Plan, the Clarington Official Plan, and the requirements of the Clarington Comprehensive Zoning By-law. A copy of the decision in its entirety is contained in Attachment 1. 2.3 A neighbouring property owner, Mr. Colville appealed the decision of the Land Division Committee to the Ontario Municipal Board and the Municipality of Clarington was subsequently notified of this appeal. 3.0 MUNICIPAL POSITION 3.1 Prior to submission of the land division application, the property owner did pre- consultation with the Municipality of Clarington and Durham Region Planning Department in 2006. An Environmental Impact Study (EIS) was conducted prior to the application being submitted at the owner's expense and was facilitated by the Municipality of Clarington Planning staff. REPORT NO.: PSD-047-08 PAGE 3 3.2 The Growth Plan states that major growth shall be directed to settlement areas that offer municipal water and wastewater systems. The severed lands are to be used for future development and are located within the Bowmanville Urban Area. Servicing by regional municipal water and sanitary systems is required for any future development proposed. The retained lands are located outside the urban area boundary, and the owner states that these lands shall continue to be used for agriculture. 3.3 The Clarington Official Plan designates the severed parcel "Environmental Protection Area" and "Urban Residential". The EIS detailed the limits of the Environmental Protection Area and studied the features contained within it and on property immediately adjacent. The majority of the severed parcel was determined to be located within the Urban Residential designation. The land division application proposed that the western boundary of the severed parcel would follow the Urban Area Boundary for Bowmanville. The Municipality deferred the dedication of the valleylands in the Environmental Protection Area designation until the submission of the future draft plan of subdivision application. At such time a draft plan of subdivision application is submitted, further environmental impact study will be required based on the detailed proposal. The delineation of the valleylands may change as the impact of the draft plan of subdivision will be assessed. As a condition of draft approval, the Municipality will obtain these valleylands and the required buffer area. The retained parcel is designated Green Space and Environmental Protection Area. The Environmental Protection Area is consists of a significant valleyland, warm water stream and hazard lands. The applicant states that this parcel shall remain in farm use. 3.4 Within the Municipality's Comprehensive Zoning By-law 84-63, as amended, the retained parcel is zoned "Agricultural (A)" and "Environmental Protection (EP)". As per regulations contained in Zoning By-law 84-63, the residual parcel is deemed to comply for lot area requirements. The retained parcel has lot frontage along Baseline Road (291.23 metres) and frontage and an existing access to Maple Grove Road (353.08 metres). The retained parcel would comply with the Zoning By-law. The severed portion of land is zoned "Agricultural (A)" and "Environmental Protection (EP)" also. This land is proposed for future land assembly and residential development through plan of subdivision. The severed parcel has road frontage on Baseline Road (81.3 metres) however access shall not be permitted. Access will be from the draft approved plan of subdivision abutting to the east, 18T-90051. 4.0 STAFF COMMENTS 4.1 Both the Region of Durham and the Municipality of Clarington supported the land division application for future development. REPORT NO.: PSD-047-08 PAGE 4 4.2 The neighbouring property owner, Mr. Colville, has appealed the decision of the Land Division Committee for the following reasons: . Loss of property value; . Well water disruption; . Alteration of the creek bed; . Retention of the hill; . Loss of prime agricultural land; . Lack of local infrastructure to support development; and . Concerns about the proposed developer. The appellant did not speak to Clarington Planning Staff prior to submitting the appeal to the Region. 4.3 In compliance with previous Council direction on third party appeals, the Municipality will not take an active role in this hearing but will only attend, if requested by the applicant, to assist in defending the Land Division Committee's decision. 5.0 CONCLUSION 5.1 Staff recommends that Council receive the report for information. Attachments: Attachment 1 - Key Map Attachment 2 - Decision of Land Division Committee Attachment 2 - Clarington Comments to Land Division Committee Attachment 3 - Appeal Letter List of Interested Parties: D.G. Biddle & Associates Erhardt Witzke Michael Fowler Lino Trombino, Regional Planning Department The Kaitlin Group Ltd. J. Cryderman J.Colville ! c ~ c :e .. 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Attachment 2 To Report PSD-047-08 CMrJ11gton COMMENTS TO LAND DIVISION COMMITTEE MEETING FOR JANUARY 14. 2008 APPLlCA TlON NO.: LD 004/2008 APPLICANT: LOCATION: WITZKE, ERHARD & HENRIETTA PART LOTS 17 & 18, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON PROPOSED USE: CONVEYANCE TO CREATE LANDS FOR FUTURE URBAN RESIDENTIAL DEVELOPMENT DESCRIPTION OF APPLlCA TION The applicant proposes to sever a vacant 10.67 ha parcel of land for future development within the urban area boundary of Bowmanville, retaining a 17.55 ha lot for agricultural purposes outside the urban area boundary of Bowmanville. CONFORMITY WITH PROVINCIAL POLICY Provincial Policy Statement The Provincial Policy Statement indicates that natural features and areas shall be protected for the long term. The area proposed to be severed contains a significant valley land, a wood lot and a warm water stream. An Environmental Impact Study (EIS) was conducted by the Municipality and a development limit and mitigation measures were determined. These will guide all future development through plan of subdivision and rezoning. The severed parcel is for future urban residential development and no development will be permitted on this severed parcel as a result of the land division application. Future applications for subdivision and rezoning will be required prior to any development occurring. The application would appear to be in conformity with the Provincial Policy Statement. Growth Plan The Growth Plan directs growth to built-up areas where the capacity in the infrastructure exists to best accommodate the expected population, and to identify natural systems and enhance the conservation of these resources. The proposal appears to confonm. CORPORATION OF THE MUNICIPALITY 01" CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3AG T 905-623-3379 L.D. Comments - LD 004/2008 Page 2 CONFORMITY WITH OFFICIAL PLAN PROVISIONS The Clarington Official Plan designates the severed parcel as "Environmental Protection Area" and "Urban Residential". The EIS noted above, detailed the limits of the Environmental Protection Area, and the majority of the severed parcel is located within the Urban Residential area. The proposed western boundary of the severed parcel follows the Urban Area Boundary for Bowmanville not the Environmental Protection Area designation boundary as the Municipality will obtain these valley lands through future development applications. The retained parcel is designated Green Space and Environmental Protection Area. The Environmental Protection Area is consists of a significant valleyland, warm water stream and hazard lands. The applicant states that this parcel shall remain in farm use. COMPLIANCE WITH ZONING BY-LAW PROVISIONS Within the Municipality's Comprehensive Zoning By-law 84-63, as amended, the retained parcel is zoned "Agricultural (A)" and "Environmental Protection (EP)". As per regulations contained in Zoning By-law 84-63, the residual parcel is deemed to comply for lot area requirements. The retained parcel has lot frontage along Baseline Road (291.23 metres) and frontage and an existing access to Maple Grove Road (353.08 metres). The retained parcel would comply with the Zoning By-law. The severed portion of land is zoned "Agricultural (A)" and "Environmental Protection (EP)" also. This land is proposed for future land assembly and residential development through plan of subdivision. The severed parcel has road frontage on Baseline Road (81.3 metres) . COMMENTS In January 2006 the owner's of the subject property initiated the Environmental Impact Study process with the Municipality of Clarington. This study was completed in the fall of 2007 and the owner's are now ready to proceed with the severance of the lands located within the Urban Area Boundary of Bowmanville. Through the EIS process, the approximate development limit of future development was determined. There is a significant valleyland, warm water stream and woodlot located on the property. The Municipality will not require the dedication of the environmentally protected lands through this land division process. At the time of subdivision application, when detailed grading and drainage plans have been generated, an addendum to the EIS report is required to further refine the development limit. The Municipality will require the dedication of the environmentally protected lands at that time. Currently the easterly abutting property owner has extended servicing to the east boundary of the severed parcel. Future developers will be responsible for all servicing costs, including any front ending agreements that may be in place at that time. . L.D. Comments - LD 004/2008 Page 3 Clarington Engineering Services has no objection to this application but will not permit an entrance on Baseline Road. A 0.3 metre reserve must be provided to the Municipality along the entire Baseline Road frontage of the severed parcel. The 0.3 metre reserve required along the Baseline Road frontage will land lock the parcel. Therefore, an easement, for maintenance purposes of the severed parcel, will be required over the retained parcel. This easement shall not be for future development or construction access at the time of development. No development of any kind will be permitted on the severed parcel until such time as the owner enters into a development agreement with the Municipality. RECOMMENDA nONS Should the Committee deem it appropriate to approve the application, staff would have no objection, however, would request that, as conditions of approval the applicant be required to: 1. Provide Staff with two copies of the reqistered reference plan; 2. Remove any buildings and structures prior to the clearance of this land division application; 3. No development of any kind is to occur on the severed parcel or retained parcel as a direct result of the approval of this application; 4. An entrance will not be permitted on Baseline Road for the severed parcel; 5. A 0.3 metre reserve shall be provided to the Municipality of Clarington along the entire frontage of the severed parcel. The 0.3 m reserve should be illustrated on the registered reference plan as noted above; 6. An easement over the retained parcel for maintenance purposes only, is required; and, 7. Ensure that any new lots created through severance, whether retained or severed comply with all applicable provisions of Zoning By-law 84-63; Susan Ashton, Senior Planner, Development Review Branch SAldf January 14, 2008 ,- Attachment 3 To Report PSD-047-08 MINUTES AND DECISIONS DURHAM LAND DIVISION COMMITTEE As per: The Planning Act, and in accordance with the Provincial Rules of Procedure CONSENT APPLICATION heard on: Monday, January 14, 2008 LD 004/2008 Submission B004/2008 Owner Witzke, Erhard Witzke, Henriette D. G. Biddle & Assoc. Ltd. Part lots 17 & 18, Cone. 1 Municipality of Clarington (former Darlington) Agent Location Municipality Consent to sever a vacant 1 0,67ha agricultural parcel, retaining a vacant 17.55ha agricultural lot. Mr. E. Witzke, owner, Mr. Rob Larocque, agent, Mr. Kelvin Whalen, representing The Kaitlin Group Ltd., Mr. James Cryderman, and Mr. John Colville, all 60m notified neighbours, were present. A written correspondence was received January 10, 2008 from Mr. Kelvin Whalen, Vice-President, Land Development, The Kaitlin Group Ltd. requesting a condition for front-ending agreement by-law be part of the subject application's approval. Mr. R. Larocque advised the Committee that he approached the Municipality of Clarington and completed an Environmental Impact Study in preparation of the Land Division Application. He advised the Committee that the retained parcel is currently used for farming purposes. He also advised the Committee that the applicant is prepared to agree to The Kaitlin Group Ltd.'s front-ending costs. Mr. K. Whalen advised the Committee that The Kaitlin Group Ltd. has no objection to the planning principles of the application. He advised the Committee that they had developed the property to the east and sized it for the potential to allow for this severance by oversizing the sewers etc. Mr. J. Cryderman advised the Committee that he was not in opposition but wanted to point out the location of the creek and woodlots and expressed his concern that he would not like to see these natural features destroyed. 21 Mr. J. Colville advised the Committee that he does not want to see the hill and drumlin be altered. He advised the Committee that it is the only natural berm within 1 mile of the lake in Durham Region. As well he expressed his concern for neighbouring wells, stating that his father lost his well due to the development to the south and east of these lands. Mr. R. Larocque explained that an Environmental Assessment Study was done reflecting the projected line for severance. He also advised that a small shaving of the hill would be inevitable. The Committee noted the signs were not posted at a visible location and were difficult to view. The Committee noted Municipality of Clarington's comments about entering into an agreement before development of the land. The Committee had for information reports received from the Regional Municipality of Durham Planning, Health and Works Departments, the Municipality of Clarington and Central Lake Ontario Conservation Authority. Agency comments were handed to Mr. R. Larocque. DECISION OF THE COMMITTEE APPLICANT/OWNERS ARE RESPONSIBLE FOR FULFILLING ALL CONDITIONS. MOVED: J.-M. Konmanicki SECONDED: J. Hurst That application LD 004/2008 be approved as applied for, subject to: 1/ That the applicant satisfy the requirement of the Municipality of Clarington, financial and otherwise. 2/ That the applicant submit two copies of a registered reference plan on the subject parcel. 3/ That the consent be subject to the following time periods: Last Date for fulfilling Conditions is Friday, January 23, 2009. Expiry Date of Application LD 004/2008 is Monday, February 23, 2009. CLEARING AGENCIES 4/ That prior to the signing of the certificate by the SecretarylTreasurer that the consent has been given, the SecretarylTreasurer is to be advised in writing by the Municipality of Clarington that condition #1 has been 22 " carried out to its satisfaction. 5/ That prior to the signing of the certificate by the SecretarylT reasu rer that the consent has been given, the SecretarylTreasurer has to be satisfied that the time periods outlined in condition #3 have been adhered to. CARRIED UNANIMOUSLY Signed by all members present and concurring that this is the Committee Decision of LD 004/2008 on Monday, January 14, 2008. (CHAIR) (VICE CHAIR) D. Sullivan H. Graham J. Collins ABSENT J. Hurst J.-M. Komarnicki L. Patel R.E. Sutton w. Taylor ABSENT QQnAr:jpj f~ Assistant SecretarylTreasurer Last Date of Appeal of this Decision or any of the conditions therein is Tuesday, February 12, 2008. 23 Attachment 4 To Report PSD-047-08 " Re: Consent Application LD 004/2008, Submission 8004/2008 Location: Part lots 17 & 18, Concession 1 Municipality: Municipality of Clarington, (former Darlington Township) It is with much regret that I must file a Notice of Appeal regarding the descision of Durham Land Division Committee at the meeting held on Monday, January 14, 2008. I feel that many of my concerns, as well as that of some of my neighbours have not been addressed, and I would like to have time to study and reply to the information reports from the Regional Municipality of Durham Planning, Health and Works Departments, Municipality of Clarington and the Central Lake Ontario Conservation Authority. My concerns are as follows: 1. PROPERTY VALUE: A genuine concern to myself, as my property is presently surrounded by mature and growing tree lots to the east and north. This enhances the property greatly, and the loss of the tree line of both the mature and growing trees would be certain to diminish the landscape. A proposed medium to high density housing would also GREATLY compromise my property value, and the value of my neighbours properties as well. Most of the houses that currently border the property in question were built in the late 1950's to early 1970's and sit on parcels of land ranging from 1 acre to nearly 10 acres. Any proposed high or medium density housing would look out of place in this area. An ideal subdivision for this particular area would be low density estate type lots like the ones that exist on Old Scugog Road, Pamela Court, Sydell Court and Rebecca Court in Bowmanville. A subdivision of this nature would lessen environmental impact by retaining a lot of the trees and landscape, as well as being a lot more pleasing to the eyes. 2. WELL WATER: Recent construction on Baseline Road virtually destroyed the well of the house located at 974 Green Road, (southwest comer of Green Road and Baseline), and forced the residents, namely my parents, to have to have town water service brought in. This past summer and fall was exeptionally dry, but the combination of the road construction, the oversized sewers that follow along Green Road, and the continued deepening of the limestone pit at the local cement plant have all contributed to the overall lowering of the water table. My neighbour to the east had trouble with his well as the result of the construction on Baseline Road, creating the washing down of silt and and water from the roadbed on to his property, thus compromising his well. My well, as well as the neighbour across from me experienced the phenomenon of a " rotten egg" smell when we turned on our taps, suggesting that sulphur gas has infiltrated the well. This continued throughout the summer and fall, and only began to disappear when we received snow before Christmas, and the creek began to run again. It is my feeling that if construction of a housing development were allowed in this area, there would have to be additional sewer lines put in, but I fear in doing so, it would compromise my well, as well as my neighbours in the immediate area. I would request reports from the Central Lake Ontario Conservation Authority, Health and Works Departments, and any related material to this matter. 3. ALTERATIONS OF CREEK BED, TREE REMOVAL: Main concern is contamination of creek bed by silt from disturbed earth or construction related activity. How close will the subdivision, when built, come to the creek? It is possible to create a "BUFFER ZONE" around the creek of say 25 to 30 meters, leaving existing vegetation and trees, including some of the younger pines intact? Again, I would ask for clarification from the Central Lake Ontario Conservation, as well as proposal from intended developer(s). 4. RETENTION OF THE HILL: This unique geological feature to the southwest of Bowmanville was formed over 10,000 years ago during the Ice Age, and was the result of glacial activity. What especially makes this hill significant is that it is the highest point of land along the North Shore of Lake Ontario within a mile of the Lakeshore itself. This hill also provides some measure of shelter from both winter and sununer storms, especially those coming from a south-southwest direction. The retention of mature trees on the west side of the hill would also provide shelter. Subdivisions that were constructed in the area of Grandview near Bloor Street, and Adelaide Street just east of Harmony Street in Oshawa not only retained the hills, but left the trees on the sides giving the area a less stark look, and leaving an area where a walking or cycling path could be put. In the meeting that was held on the 14th of January, Mr. Rob Larocque who is an agent of D.G. Biddle & Assoc. Ltd and who is representing Mr. Witzke stated that a "small shaving" of the hill was inevitable. I would like this clarified a bit further to how much "shaving" would take place, and not have it completely levelled like the hill that once existed to the east. Sadly, all that was left of it were the "shavings". In conclusion, any major alteration to or removal of this hill would ruin the landscape, leaving the area without any charactaristic nature and would permanently destroy a known landmark that has a significant geological distinctfuIness. Again, I would like C.L.O.C.A.'s imput. 5. LOSS OF PRIME AGRICULTURAL LAND: "You don't know what you have 'til its gone", a line from a popular song by Canadian recording artist Joni Mitchell immediately comes to mind. The permanent loss of prime agricultural land in Southern Central Ontario is beginning to reach a crisis stage. Continued overpopulation and urban sprawl along the north shore of Lake Ontario has dramatically reduced both dairy and crop farming in this area. This region of Ontario has had some of the best growing conditions containing good rich topsoil for crops of vegetables, wheat, oats, as well as apples, and enjoyed a slightly longer growing season because of the moderating effect of the lake. It is, second to none. Any further loss of will condemn future generations to having to depend on markets that are far off, like western Canada and the United States. The cost of transporting farm products to the markets and food processing plants will soon be prohibitive, given the ongoing rise in the price of fuel and transportation. As well, because of climatic changes taking place, our dependancyon these regions may be in jeopardy should there be a crop failure due to draught, disease, or weather related incidents. A good example took place in California and Florida should be a wake-up call. The time to start conserving farmland and greenspace is NOW. Governments NEED to encourage farming and agriculture. Future generations are going to depend on it. It has been best said "FARMERS FEED CITIES". 6. LOCAL INFRASTRUCTURE: When the town of Bowmanville came into being. it was not expected that it would grow at any great rate. The layout of the town itself, and because of the surrounding geographical features, such as Bowmanville Creek to the west end, and Soper Creek to the east limited the expansion. As it is now, there is only one east-west road, and two north-south roads that pass directly through the town itself. Of these, No.2 Highway, or King Street cannot be widened through the town, so traffic bottle-necks at both ends and congests in the town itself. Liberty Street also cannot be widened because of existing housing in the older part of town. As a result traffic backs up dramatically during peak periods. It is not uncommon to have northbound traffic coming off 401 in the afternoon backed up from King Street almost down to the Baseline Road. The resulting gridlock makes it extremely difficult to access Liberty from any of the side streets. Only Regional Rd 57 has any potential for widening. and even then, more traffic lights are needed, namely at Aspen Springs Drive. There are times when you could be sitting nearly ten minutes at this intersection to make a left-hand turn from Aspen Springs onto Regional 57. With the addition of more development to the west al~ng Green Road, this will only make things much worse. Until Green Road extends from Highway 2 to Baseline Road will any improvement be made, and that may not be for long, if the current development is not curbed. Baseline Road from Holt Road to the West Side Drive area is now extremely busy, and must take the excess from No.2 Highway and overflow from 401 in the event of a traffic tie-up. Our local Hospital is now feeling the strain of more people coming into this area. The last addition to the hospital was in 1988-89. The maternity ward was closed down and moved to Oshawa. Trying to obtain a family physician in this area is almost impossible, as there have been more retirements of long standing medical doctors, and not enough replacements to keep up with the demand. As for job opportunities in this area, the prospects are not that great. There are only three major manufacturing companies in this area. Goodyear, which has been in decline over the years, St. Mary's Cement, and O.P.G. Nuclear at Darlington. Only Darlington Nuclear has any potential to expand, and will only see a peek employment during the construction period. As it was when Darlington was first built, there was a major influx of construction workers, but when the project was completed, most of the construction workers had left the area for other projects. Only about one in four people who currently work at Darlington make their home in the Clarington area. Most come from Oshawa, Whitby, Toronto, Peterborough, Lindsay, Port Hope and Cobourg, and even further beyond. The only other significant employer in the area is General Motors, which is facing a major re-adjustment. G.M has closed a number of plants in the United States, and because of our high dollar- high wage and benefits, makes a Canadian auto worker "high priced help". The manufacturer will look elsewhere to produce his product. An example is the Chevrolet and GMC four door crew-cab trucks that were produced in Oshawa are now produced in Mexico. The local economy depends greatly on G.M. , and if there were any significant layoffs forthcoming, it works out that for every G.M. worker that is laid-off, the spin-off effect is between 6 and 8 people losing their jobs in related industries, as well as retail. If we think that G.M. is invincible, remember what took place at St- Therese Quebec a number of years ago, it could happen here, with disasterous results! With a potential booming market in the east and south Asia, many manufacturing jobs have left for this part of the world. With cheap labour costs, and not having stringent health and safety rules, as well as a potential booming middle class, India and China are fast becoming players in the global market. What that means for us is a continued loss of manufacturing jobs. Clarington, and indeed Durham Region are fast becoming a service industry area, which means that there are only limited opportunities. There has been talk that Clarington is trying to attract Research and Development firms to this area, but don't forget, manufacturing jobs are in steady decline in other areas of the so-called G.T.A., and these areas will also will be in very hard competition to aquire these industries. Traditionally, the nearer to the city, the better the chances. 7. CONCERNS ABOUT PROPOSED DEVELOPER: Recent media reports about the proposed developer of this property have made me very apprehensive about how they will deal with or co-operate with surrounding property owners. I am aware through the media, and personal contacts that a Statement of Claim was filed with the Ontario Superior Court on December 17th, 2007 regarding the on-going dispute between this developer and the Port of Newcastle residents. It is my belief that the Municipality of Clarington, in order to protect its own integrity should place an "on-hold" of any future construction or development by this developer pending a descision of the Superior Court in this matter.