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HomeMy WebLinkAboutPSD-091-08 ClW:illglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September a, 200a R&::\u.-\-;onil 6 m-Lt 'l5O-ct Report #: PSD-091-0a File #'5: COPA 2002-006, S-C-2002-002 and ZBA 2002-002 By-law #: Subject: APPLICATIONS FOR CLARINGTON OFFICIAL PLAN AMENDMENT, PROPOSED DRAFT PLAN OF SUBDIVISION AND REZONING TO PERMIT A MIXED RESIDENTIAL DEVELOPMENT IN PORT DARLINGTON PROPONENT: PORT DARLINGTON LAND CORPORATION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-091-0a be received; 2. THAT the applications for amendment to the Clarington Official Plan, Files COPA2002- 006, Draft Plan of Subdivision, S-C-2002-002 and Amendment to the Zoning By-law, file ZBA2002-002, submitted on behalf of Port Darlington Land Corporation, be DENIED; and 3. THAT the Durham Region Planning Department and all interested parties listed in this report and any delegations be advised of Council's decision. Submitted b}: ~ id J. Crome, M.C.I.P., R.P.P. Director, Planning Services Reviewed by: () ~--~ Franklin Wu Chief Administrative Officer SNCP/sh/df 27 August 200a 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-091-08 PAGE 2 1.0 1.1 APPLICATION DETAILS Applicant: Semas & Associates 1.2 Current Owner: Port Darlington Land Corporation 1.3 Proposal for Official Plan: i) Amend "Map A3 - Land Use Bowmanville Urban Area" to relocate the District Park Symbol and realign the intersection of the arterial road system south of the Canadian National Railway; ii) Amend "Map B3 - Transportation Bowmanville Urban Area" to realign the intersection of the "Type C Arterial" road system south of the Canadian National Railway; iii) Amend "Map A - Land Use Port Darlington Neighbourhood Secondary Plan" to relocate the District Park location easterly, adjust the limits of the Parkette, adding a neighbourhood park and realigning the intersection of the arterial road system south of the Canadian National Railway; iv) Amend "Map B - Natural Features and Constraints" to realign the intersection of the arterial road system south of the Canadian National Railway; r: ~. v) Amend "Table 9-2 - Housing Targets by Neighbourhood" by changing the "Port Darlington - N15" housing targets from 1 ,200 to 725 and making the corresponding adjustments to the housing targets in the low, medium and high density categories as well as the Bowmanville totals for each category. 'I '( ,I 1.4 Proposal for Plan of Subdivision: To permit the development of 699 dwelling units comprised of 153 single detached lots, 220 semi-detached units, 116 townhouses, 210 apartments, together with a school block, 7 park blocks, 4 opens space blocks, 2 stormwater management facilities and 1 commercial block within the Port Darlington Neighbourhood. " ;1 1.5 Proposal for Rezoning: To rezone the subject lands from Agriculture "A", to appropriate zones, to implement the proposed draft plan of subdivision. 1.6 Area: 40.405 ha :1 i:, REPORT NO.: PSD-091-08 PAGE 3 1.7 Location: The subject lands are located in part Lots 5, 6, 7 and 8, Broken Front Concession, former Town of Bowmanville. The subject lands consist of three municipal addresses, 130 East Beach Road, 2765 South Service Road and 100 Bennett Road. 2.0 BACKGROUND 2.1 In February 2002, G. M. Sernas & Associates, on behalf of Sylvan Estates Inc. and Bennett Developments Inc, subrnitted applications for a proposed draft plan of subdivision and amendment to the Zoning By-law for the subject lands. An amendment to the Clarington Official Plan was submitted in June 2002. The Port Darlington Land Corporation took over the application in 2005 as the new owners of the property. 2.2 The proposed plan of subdivision was revised in June 2002 to recognize the future locations of the clarifiers at Durham Region's Bowmanville Water Pollution Control Plant and the required setbacks. In March 2005 it was further revised to respond to a proposed realignment of East Beach Road to the west of the subject property. Phase 1, encompassing the western half of the site, is planned for a maximum of 249 single-detached and semi-detached dwellings and 61 townhouses for a total of 310 residential units. Phase 2, the eastern half of the site is planned for 124 single- detached and semi-detached dwellings, 55 townhouses and 210 apartment units for an additional 389 units. 2.3 Amendments to both the Clarington Official Plan and the Port Darlington Neighbourhood Secondary Plan are required to implement the proposed development. The official plan amendment application includes the reduction in the proposed population and densities in the Port Darlington Neighbourhood, adjustments in the park ~ space, including the relocation of the District Park, and a realignment of the collector , road system. 2.4 A number of studies have been submitted in support of the applications. These include: . Preliminary Environmental Overview, ESG International, May 2001 . Phase 1 Environmental Site Assessment, Golder Associates, October 2001 . Calculation of Shoreline Hazard Limit, Sernas & Associates, November 2001 . Site Traffic Analysis, RGP Transtech, November 2001 . Traffic Noise and Rail Vibration Feasibility Study, HGC Engineering, May 2002 . Conceptual Servicing Report, G.M. Sernas & Associates, December 2001 2.5 A public meeting was held on April 8, 2002 for the proposed draft plan of subdivision and amendment to the Zoning By-law. At that time it was indicated that an official plan amendment would be required prior to consideration of the applications. The public meeting for the official plan amendment application was held on September 9, 2002. A number of people attended the public meeting or wrote letters in opposition to the proposed applications. The submissions are detailed in Section 8. The file has been REPORT NO.: PSD-091-08 PAGE 4 largely inactive since that time but the proponent has wished to see the file remain open. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are currently under agricultural production and contain existing residential buildings, barn and shed. Bennett Creek flows southerly through the middle of the subject lands, into Lake Ontario. 3.2 The surrounding uses are as follows: North - Canadian National Railway and the hydro electric transmission corridor South - Existing residences fronting on East Beach Road, other existing residences at the mouth of the Bennett Creek and Lake Ontario East - An existing residence and lands acquired for a waterfront park by Clarington West - The Region of Durham Water Pollution Control Plant and the Water Treatment Plant 4.0 PROVINCIAL POLICY i. 4.1 Provincial Policv Statement (PPSl 1997 These applications were received in 2002 and are subject to the 1997 Provincial Policy Statement. 4.1.1 The 1997 PPS promotes the development of strong communities, by focusing growth in settlement areas. This Policy Statement was intended to recognize the complex inter- relationships among environmental, economic and social factors in land use planning. The following policies are particularly relevant for the consideration of the proposed development. 1.1.1 a) 1.1.1 f) Urban areas and rural settlement areas will be the focus of growth. Development and land use patterns which may cause environmental or public health and safety concerns will be avoided. 1.2.2 a) Land requirements and land use patterns will be based on densities which efficiently use land, resources, infrastructure and public service facilities; avoid the need for unnecessary and/or uneconomical expansion of infrastructure; support the use of public transit in areas where it exists or is to be developed; take into account the appropriate Public Health and Safety policies; and use development standards which are cost effective and reduce servicing costs. REPORT NO.: PSD-091-08 PAGE 5 2.3.1 Natural heritage features and areas will be protected from incompatible development. However, development and site alteration may be permitted on adjacent lands if it has been demonstrated that there will be no negative impacts on the natural features or on the ecological functions for which the area has been identified. 3.1.1 a) Development will generally be directed to areas outside of hazardous lands adjacent to the shorelines of the Great Lakes which are impacted by flooding, erosion and/or dynamic beach hazards. The proposed development is considered to not be consistent with the Provincial Policy Statement 1997. 4.2 Provincial Growth Plan 2006 4.2.1 As these applications were submitted prior to June 16, 2006, the Growth Plan is not applicable policy. 5.0 OFFICIAL PLANS 5.1 Durham Reoional Official Plan / The Durham Regional Official Plan designates the subject lands "Living Area and Major Open Space - Waterfront". The predominant use of lands within the Living Area designation shall be for housing purposes. An Environmental Impact Study is required prior to development in the 'Major Open Space' system to ensure that the environmentally sen$itive areas are not negatively impacted. There is specific recognition of Port Darlington area as a Waterfront Place. The predominant use of lands in the Waterfront designation may include marina, recreational, tourist, and cultural and community uses. Residential and employment opportunities may be permitted, which support and complement the predominant uses. The scale of such development can be detailed in the respective local official plans. The proposed residential development conforms. 5.2 Clarinoton Official Plan Clarington Official Plan designates, on Map A3 Land Use Bowmanville Urban Area, the subject lands as Waterfront Greenway, Urban Residential with a District Park on the Lake Ontario shoreline at the mouth of the Bennett Creek and Environmental Protection Area. Map B3 Transportation Bowmanville Urban Area identifies an alignment for a Type 'C' Arterial through the subject lands. Map C1 Natural Heritage System identifies Significant Valleylands and a cold water stream along the Bennett Creek. The Regulatory Shoreline Area adjacent to Lake Ontario is indicated on Map F Natural Hazards and Land Characteristics. The Clarington Official Plan also recognizes the Lake Ontario Waterfront as a unique and dynamic feature and a vital public resource. The continuation of the Waterfront REPORT NO.: PSD-091-08 PAGE 6 . i 6.0 ~ ' 6.1 f' ~, , " .., . " ~ ' [" 7.0 7.1 Trail for such purposes as walking and cycling is required along the Lake Ontario Waterfront. The Official Plan also contains policies regarding the extension of public infrastructure and services to accommodate growth in an orderly and cost-efficient manner. Section 5.3.9 identifies a number of circumstances in which Council may declare a subdivision premature. These include the requirement that capital works and services required to service the lands for the future residents are not within the Municipality's current capital budget or 10 year capital works forecast as updated from time to time. The Port Darlington Neighbourhood Secondary Plan, incorporated into the Official Plan in 1996, provides a detailed comprehensive guide for the development of a new residential area and the transformation of the existing residences. Map A designates the extent of the Waterfront Greenway with the Waterfront Trail and the District Park along the Lake Ontario shoreline. A Parkette is also shown on the subject lands adjacent to the designated Open Space areas adjacent to the CNR tracks. The majority of the lands are designated Low Density Residential, with several areas of Medium Density Residential and one High Density Residential Block. The Port Darlington Neighbourhood has a housing target of 1,200 units, consisting of 550 low density, 450 medium density, 175 high density and 25 units for intensification. The Official Plan amendment proposes to reduce the housing target to approximately 750 units. Any application for residential development must be assessed in accordance with the growth management principles described in Chapter 5; the Housing targets contained in Table 9-2; and the provision of municipal services and facilities and the provisions of the Port Darlington Neighbourhood Secondary Plan. An application to amend the Clarington Official Plan and the Port Darlington Neighbourhood Secondary Plan was submitted to address the reductions in density, the adjustments to the park system and road alignments. ZONING BY-LAW Zoning By-law 84-63 zones the majority of the subject lands in an Agriculture (A) zone category. The lands adjacent to Bennett Creek are zoned Environmental Protection (EP). The proposed residential development does not conform with the current Zoning By-law provisions and an application to implement the proposed draft plan of subdivision was submitted concurrently with the draft plan of subdivision. SUMMARY OF BACKGROUND STUDIES Preliminarv Environmental Overview, ESG International. Mav 2001 The report addresses the western portion of the site and is intended to refine the scope of forthcoming environmental studies. The most significant natural feature on the REPORT NO.: PSD-091-08 PAGE 7 property, Bennett Creek, provides direct fish habitat in all reaches south of Highway 401. A significant portion of the required EIS should address the Bennett Creek. This Creek should remain in its current location and be unaffected by development plans. A valuable component of the EIS would be a hydrogeologic study. A logical conclusion of any EIS conducted for this property should include the notion that reasonable development will enhance Bennett Creek by eliminating cattle access, reducing stream bank erosion, and providing riparian vegetation where now there is none. 7.2 Phase 1 Environmental Site Assessment. Golder Associates. October 2001 No significant issues of potential environmental concern were identified. 7.3 Calculation of Shoreline Hazard Limit. G. M. Sernas. November 2001 The limit was based on criteria set out in the Lake Ontario Shoreline Management Plan and on the shoreline survey conducted in 2001. It is proposed to adjust the ground level in four areas and therefore the setback line moves closer to the shoreline of Lake Ontario. The report suggests an adjusted shoreline hazard limit would allow for a smoother south limit of development, superior road gradients and more practical road and lot layout throughout the development. 7.4 Site Traffic Analvsis. RGP Transtech. November 2001 [., Build-out of the residential units by 2010 will result in a total of 96 new trips inbound and 346 new trips outbound in the a.m. peak hours, and a total of 364 new trips inbound and 195 new trips outbound in the p.m. peak hour. Bennett Road is a rural unimproved road with a paved roadway of 5.3 metres adjacent to the site. No lane improvements are indicated for the intersections on Bennett Road on the east side of the site. No lane improvements are indicated for the intersection of Port Darlington Road and West Beach Road. With the current lane configurations at the intersection of Liberty Street and Lake Road, excessive queuing is predicted during the p.m. peak hour, due to traffic exiting eastbound Highway 401 to northbound Liberty Street. A northbound right turn lane and westbound turn lane at this intersection will be required prior to full build-out of the site. The intersection of Lake Road and Liberty Street is a candidate for signalization and the operational characteristics of this intersection should be re- examined upon completion of Phase 1. The installation of traffic signals may improve the operating characteristics of the Lake Road/Liberty Street intersection. CNR warrants for grade separation will not be satisfied at either of the existing level crossings. If CN proposes track changes, measures should be further investigated to improve the Bennett Road level crossing. Due to their limited width and the deteriorated condition of their asphalt surface, Bennett Road and East Beach Road are considered to be candidates for improvement consequent to development of the site. Additionally, the East Beach Road right-of-way should be assessed for sufficient width to serve as the primary site access. Lambs Road will be unsuitable for use as a site access and should be closed until such time as the underpass is replaced. The East Beach Road extension to Bennett Road should be constructed as the emergency access for the development of Phase 1. .~ .f I! :1 i: REPORT NO.: PSD-091-08 PAGE 8 7.5 Traffic Noise and Rail Vibration Feasibility Study, H8C Enaineerina, May 28,2002 The study indicated that it is feasible to achieve the MOE/CN sound level guidelines at the proposed residential development using acoustical barriers and by optimally orienting the dwellings. Physical noise mitigation is required for outdoor living areas, in the form of acoustic barriers, or by locating the amenity spaces on the shielded side of the buildings for lots adjacent to the CN rail line. The dwelling units closest to the CN rail line will require central air conditioning units. Warning clauses are recommended to inform future owners of residual sound level excesses over MOE/CN guidelines. Detailed recommendations are to be developed for the sound insulation requirements for fac;:ade constructions for individual dwelling units when unit plans are available and for specific barrier heights and extents when grading plans are available. In order to address vibration requirements, it may be necessary to stipulate heavy poured concrete foundations and brick exterior walls for the dwellings immediately adjacent to the rail line. Alternately warning clauses addressing vibration could also be considered. 7.6 Conceptual Servicina Report. 8.M. Sernas & Associates, December 2001 ~ ~ The southern limit of development along the Lake Ontario shoreline was based on a calculated shoreline hazard limit based on MNR guidelines. The shoreline was adjusted in several places due to proposed road grades. The entire site can be serviced with a gravity sewer and there is sufficient capacity in the Port Darlington Water Pollution Control Plant to accommodate the development of the subject lands. Three separate stormwater management ponds are required to service the development. Water supply to the development will be provided from the Bowmanville Water Supply Plant. An existing water main is located adjacent to the subject property in the southwest corner. An extension to the water services from Lake Road, down Lamb's Road and Bennett Road to allow for looping of the watermain through the proposed subdivision is required. There are three existing roads currently providing access to the site. East Beach Road will provide access on the west side. East Beach Road connects to Port Darlington Road, an unimproved rural road, via Smart Avenue and Second Street. Bennett Road, an unimproved rural road, will provide access from the east. Lamb's Road which provides access to the middle of the site is also an unimproved rural road. Due to a low narrow underpass under the CNR tracks, this road is unacceptable for site access. The existing topography of the site is somewhat severe and will require regrading in order to establish suitable road and lot grades. 8.0 PUBLIC SUBMISSIONS 8.1 On March 20, 2002, Phillip Nixon, a resident of the Port Darlington Neighbourhood submitted a letter objecting to the proposed subdivision. His concerns relate to overcrowding, proximity to railroad traffic and the inevitable damage to the environment. He identified that fish spawn at the mouth of the creek; it is also a nesting ground for ducks; and swallows nest in the banks along the shore. .1 REPORT NO.: PSD-091-08 PAGE 9 8.2 On April 6, 2002, a submission was received from Heather Davis, a resident of the Port Darlington Neighbourhood. She expressed concerns with respect to the density of the development; access and egress; cost of infrastructure; public safety; environmental protection and long-term viability of the plan if implemented. Attached to the submission was a petition that indicated that those that signed the petition were strongly opposed to the re-zoning and land development proposal. There are 42 signatures on the petition. 8.3 Lynne Dennis, President of the Port Darlington Community Association requested that a public meeting be held in the evening to discuss the concerns regarding the proposed development in a letter dated April 8, 2002. 8.4 A number of residents of the Port Darlington Neighbourhood contacted the Planning Department regarding the proposed development. Their concerns related mainly to access, traffic, upgrading of Port Darlington Road, the extension of sewer services to the existing residences on East Beach, and time frames for development. 9.0 AGENCY COMMENTS 9.1 In July 2002, the Region of Durham Planning Department confirmed that the subject lands are within a 'Living Area' designation and advised that, based on the Regional Official Plan policies, the applicant will be required to participate in an Environmental Impact Study prior to development of the property as a portion of the lands are within the 'Major Open Space - Waterfront' designation. Based on provincial plan review responsibilities, an archaeological assessment is required, and as a result of the proximity to the CNR line, a record of site condition is required. Servicing for the site can be accommodated with extensions of the existing municipal water supply and sanitary sewer services. Both the Regional and Provincial concerns can be dealt with through the conditions of draft approval of the related planning application. The application to amend the Clarington Official Plan is exempt from Regional approval. 9.2 Durham Region Works Department provided detailed information regarding the provision of water supply from the existing 150 mm watermain on East Beach Road and the 400 mm watermain on future Lake Road extension north of the CN railway. Due to the location of the Water Pollution Control Plant and its proposed expansion, the Draft Plan is to be revised. The revised plan shall show future clarifier locations and new limits of the buffer zone. Standard conditions for inclusion in the Subdivision Agreement were provided. 9.3 CN has indicated that impact mitigation measures are required to reduce the incompatibility. These include a minimum building setback from the railway right-of-way of 30 metres; the need for an analysis of noise and vibration; the construction of a berm and an acoustic barrier; fencing, warning clauses and restrictive covenants. 9.4 The Kawartha Pine Ridge District School Board indicated that upon review of the Traffic Noise and Rail Vibration Feasibility Study it had no comment and no objections. 9.5 The Peterborough Victoria Northumberland and Clarington Catholic District School REPORT NO.: PSD-091-08 PAGE 10 Board requests that adequate provision be made for sidewalks in the development but otherwise has no concerns. 9.6 Bell Canada, Enbridge and Veridian Connections have provided comments for standard conditions of draft approval but otherwise have no concerns. 9.7 Rogers Cable has no objections to the proposal. 9.8 The Clarington Emergency Services Department has expressed concerns that train traffic on the level crossings on both Bennett Road and Port Darlington Road could cause extended response times to the proposed development. 9.9 In May 2002, the Clarington Engineering Services Department considered the submission premature as the Municipality has not been able to complete all the necessary background studies it requires to effectively evaluate the proposal for the subject site or allow them to plan for the capital works needed to provide an acceptable level of service for residents and businesses within the Port Darlington neighbourhood. Specifically, the following issues regarding the proposed development were identified: , :' ~ ' ,., , 1" f; fit I ,I l I ~ I. 't t i ~ , r; . additional studies need to be conducted to adequately assess the transportation needs of the entire Port Darlington Neighbourhood; the long-term or ultimate development of the Port Darlington Neighbourhood road network is directly related to a number of external future road improvements; none of the capital works related to the external future road improvements have been included in the current capital budget or the 10 year capital works forecast; the signalized intersections of Liberty St./Baseline Road and Hwy 2/Bennett Road will be significantly impacted by the increased traffic generated by the proposed development; the proposed East Beach Road "Possible Road Alignment" does not take into consideration the future redevelopment plans for the waterfront including new commercial/residential and waterfront park/boardwalk; the design of the level CNR crossing on Bennett Road should be revisited to address the upgrade of the road to urban collector, increased design speed and pedestrian crossing; a more detailed trip generation and distribution analysis needs to be undertaken either through future submissions or more appropriately in the required Transportation Feasibility and Needs Study; the Lambs Road underpass is an integral part of Port Darlington Neighbourhood development and replacement of the structure needs to be reviewed prior to future submissions for the site; no provisions for access has been provided for the residents at the south limit of Lambs Road and on Crescent Avenue; the placement of the stormwater management facilities at the foot of Lambs Road will not allow for the construction of a district park at the desired location; prior to the "Open Space" along the shoreline being dedicated to the Municipality, a thorough review of the stability of the "bluffs" should be undertaken to determine what, if any, measures have to be taken to mitigate any further erosion or flooding; . . . . . . . . . . REPORT NO.: PSD-091-08 PAGE 11 . urban design guidelines will have to be developed prior to any future detailed submissions for the neighbourhood; . a stormwater management review of the entire area bounded by Bennett Road to the east, Hwy 401 to the north and West Beach Road/Liberty Street to the west should be undertaken to establish the overall stormwater management needs of the area; . an Environmental Impact Study should be completed for Bennett Creek. Updated comments were provided in March 2006. It was noted that the revised submission was very similar to the initial submission and that the original comments still apply. There continue to be significant transportation issues which must be resolved prior to development: I: I t t l' , . it is imperative that MTO complete its corridor study which will establish the future configuration of the Bowmanville interchanges prior to the finalization of the Port Darlington road network; . the municipality is in the process of completing the Transportation Network Needs and Feasibility Study identified in the DC background report; . there is no connection shown to Collector Street 'A'; . significant improvements to grade separations and level crossings are required to facilitate development; . a transportation implementation plan needs to be developed outlining the sequence of road projects required to provide connectivity and facilitate development. 10.0 STAFF COMMENTS , r Staff has indicated in previous reports a number of serious issues relating to the proposed development and the timing of the development. These relate to specific land use issues, transportation infrastructure, additional information required; and fiscal impact. ~ i ~ l< 10.1 Specific Land Uses .. i'~ ,t 10.1.1 The provisions of the Port Darlington Neighbourhood Secondary Plan recognize the :~ importance of establishing a continuous waterfront greenway. An important component of this greenway is the establishment of two district parks - one at the mouth of the Bowmanville Creek and the other at the mouth of the Bennett Creek. The existing natural features are retained within public ownership and provide a basis for the development of a park system that can provide a wide range of outdoor and recreational opportunities to the residents of Clarington. The proposed relocation of the district park to a location further east and the addition of a stormwater management facility on the Bennett Creek does not meet the intent of the Official Plan. The applicant is proposing a smaller park to be located further north in close proximity to the CNR corridor, again contrary to the priority of retaining lands along the waterfront for public use. REPORT NO.: PSD-091-08 PAGE 12 10.1.2 Prior to any open space lands along the shoreline being dedicated to the Municipality, a thorough review of the stability of the bluffs is to be undertaken. Such a review would identify what measure would be required to mitigate any further erosion or flooding. In addition, all recommended stabilization work should be completed prior to assumption of the lands. 10.2 Transportation Infrastructure 10.2.1 Provincial policy requires that the investment in community infrastructure be provided efficiently and effectively in order to meet the needs resulting from the proposed developments and to foster complete communities. Municipalities are required to optimize the use of existing infrastructure and public service facilities, wherever feasible, before consideration is given to developing new infrastructure and public service facilities. 10.2.2 There are significant improvements that must be made to the existing road network that are directly related to the development of the Port Darlington Neighbourhood. The Engineering Services Department has identified seven specific future road improvements. In addition, the need for two grade separations on Bennett Road and Port Darlington Road should be considered. In addition, the Lambs Road underpass is unsuitable for use as a site access. As it is proposed to be an integral part of the Port Darlington Neighbourhood, the development and replacement of the structure needs to be reviewed and addressed. 10.2.3 None of the costs for municipal capital works that are required to provide safe access to the proposed development have been included in the current capital budget or the 10 year capital works forecast. f ~ ~ i 10.3 Additional Information Reauired 10.3.1 The Region of Durham has indicated that the following additional studies are required: . an Environmental Impact Study . an archaeological assessment . a record of site condition "i ,. ., 10. 3.2 The Engineering Services Department has indicated that the following studies should either be completed or are required: . Port Darlington Neighbourhood Transportation Needs and Feasibility Study . Transportation Implementation Study . Shoreline Stability Study . Urban Design Guidelines . Stormwater Management Review 10.4 Financial Impact 10.4.1 The development proposal cannot currently be accommodated under the capital forecast prepared for the Development Charges Background Study as it accelerates REPORT NO.: PSD-091-0B PAGE 13 ,. ~ growth beyond the Municipality's ability to service the subject lands. Significant public investment is required. Recently the Municipality conducted a Financial Impact Analysis that quantified the overall impact of selected large scale development proposals in the context of overall growth in Clarington. The subject application was included in the analysis. The analysis demonstrated that Clarington has a sufficient supply of land either draft approved or registered subdivisions to achieve the 10 year growth forecast under the Development Charges Study. 10.4.2 The subject lands are not anticipated, by the municipality to develop until after 2014. The applicant has indicated that development is intended to commence as soon as 2010. Once approval is granted to a residential development the municipality is committed to providing the necessary municipal infrastructure for that development. The Financial Impact Analysis clearly showed that the current Development Charges are too low and do not adequately fund the eligible growth-related costs for which they are charged. The most significant funding shortages are with respect to the provision of roads and related infrastructure. Even though the Development Charges have been amended, the subject works are not included in the short run and there are no funds available to finance the necessary works. 10.4.3 According to the Financial Impact Analysis, advancing this development will have an overall negative fiscal impact on the Municipality. It would obligate Clarington to make significant capital investments to facilitate residential development over and above its current commitments. This obligation would impact negatively on other proposed residential developments within the Municipality, that have been included in the capital budget and/or 10 year capital works forecast, and require extensive capital investments in order to proceed further. As Council is aware, funding issues have been exacerbated in late 2007 and 2008 as anticipated growth numbers have not been achieved. Additional financial commitments cannot be undertaken at this time. ~ I e, 11.0 CONCLUSION 11.1 It is recommended that the applications to amend the Clarington Official Plan, the proposed draft plan of subdivision and implementing Zoning By-law be DENIED. This denial is based on non-conformity with the Provincial Policy Statement and the policies of the Clarington Official Plan. Additional studies are still required to provide information necessary for the appropriate evaluation of the proposed development. In addition, the development is premature in that the Capital Works to service the lands and the future residents are not within the Municipality's current Capital Budget or 10 year Capital Works Forecast. 11.2 The Director of Finance and the Director of Engineering Services have reviewed this report and concur with the comments and recommendations contained herein. REPORT NO.: PSD-091-08 PAGE 14 Attachment: Attachment 1 - Key Map Attachment 2 - Proposed Official Plan Amendment Attachment 3 - Proposed Plan of Subdivision List of interested parties to be advised of Council's decision: Bryce Jordan, Sernas Group Kelvin Whalen, Kaitlin Group Heather Davis Philip Nixon L. B. Short Larry Metcalf Les Coleman Debra Allin Gary Madill Irv Gill Joe DaSilva Erenst Burnie Kevin Taylor Prof. Dryer Tom & Chigi Cauchon Alvarina Delemos Don Wilkinson Glenda Gies Lynne Dennis r , ~ : h i f" Attachment 1 To Report PSD-091-08 -- - - - - - - --- Lot 8 Lot 7 Lot 6 Lot 5 ------------ HIGHWAy 401 ~ o <( o 0"/1\( :::--::::: ~ '1D'1,y~o~~~ ~ _______ ~ ~"/( _______ w 0',1/( \' iI',,/!, ~ ------ I ('Q -0- III <( III o Q) '" 0 z r 8 ~ c co e LL c: Q) -" e lD ------ ------ Lake Ontario .... Bowmanville Key Map ~",. "" Subject Site / COPA 2002-006 ZBA 2002-002 S-C-2002-002 Port Darlington Land Corporation LAKE ONTARIO Attachment 2 To Report PSD-091-0B AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this Amendment is to adjust the road pattern, distribution of land uses and housing targets as they apply to the Port Darlington Neighbourhood Secondary Plan Area, - BASIS: The basis of this amendment is as follows: This amendment is based on an application from the property owner of the subject lands for approval of a comprehensive Draft Plan of Subdivision. Through the design process for the plan of subdivision, certain adjustments to the Secondary Plan became necessary. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By amending Map A3 - land Use Bowmanville Urban Area as shown on Exhibit "A" 2. By amending Map B3 - Transportation Bowmanville Urban Area as shown on Exhibit "B" 3. By amending Map A land Use Port Darlington Neighbourhood Secondary Plan as shown on Exhibit "C" 4. By amending Map B Natural Features and Constraints Port Darlington Neighbourhood Secondary Plan as shown on Exhibit "D" 5. By amending Table 9-2 Housing Targets by Neighbourhoods as shown on Exhibit "E" 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 Official Plan. as amended, regarding the interpretation of the plan, shall apply in regard to this Amendment. Attachment 3 To Report PSD-091-08 I:!II'IIII . ::I:ll. Jh'i ! ~~!5t ~~j~ . .....11'11"'1" 1~:lh !! ! ! ! ! ! ! ~ ! ! ! ! ~! ~ ~ !l I iiiiiUiii1li II "'1 I 11;a :lul""!! Inl dlll'i'i 11"1 ! I I~' !IWI~I ~. Iml!l ill Iril!,! I:' i/ ) l[~:~:::=: " ) I' , , . ~"","// / ; , -, (;.1 (') I C\l o o C'1 . U . rn o I- ~ !::: m - :J: X' wO Z I- Z w :E c z w :E <C ~ ..... co a.. 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'''' 300 'so .... 925 . - housin8 uniu lor F.,..,.n HeIrJxs ne/PIb<xoIoood wbjea., /he __ 01 SpecW FoIky M!lI No.5lSee Section /7.61 Municipality of Oarington Official Plan - December 4, 2000 Page 39