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.. "
-' -' -, -' C' " ,
.', c' ,', c c' 0 ~, "
(;, 0 c- c' c' c' " "
:r :r :r :, ] ] 4
C' C' C' ;-;, ~-', c' 4 "
.n <" ." '" "" ~, ~. ~
" ~
> . < C .'
"- 0 "- ~
'" wO:: 0 "- " "',
~ ~ " 4 " "," " ",,'-': C'
C. 4'" .....'9 <;: ~ <;: ,. o~ -' "
" w-
~::z (r:::' ':.'~, ;, t- ~, :;-z "
>- , " " " ~
JC' .,C ~ .. < <. Oz ...", " ",'
a", l!'i;j &~:
=.'w " '.C' 0 (, ~, '-'<1 C' ~,
1..I.llL' C' -' -' LL'_' lL' _, " " c'
" ." (r..~', L " (. c' .f",; " ~, (!,u. <" ,n e,
11 ~ ..." I .
.. .~ '[I . . n
.tJ i I .
<_l .
. . -
I I .
.
I .
. .
-
" "'
"
. 2 "
~, "
h' " 4 " C, .
a c'
" w w ~a " 0 ;:0'
" 0. ;'0< W c' " . w
. " " 'J L "- C' 0
2 22 4 >- " I 'i
w J -' Wc " 2 C- o. !O
w, " " :>- Co
0: J- 2>- ." 0 ~
0, :~. ,. Co :>
i=C> ~ (:. ~.~. C C' a,
ifl_' ,n w"" 2 a ,;' 0: :J' '"
1;:1 ::, -~ w w 0:
w. z-' >0 w >- :> >- <.;..
a :> OCl w'" E zo a 4 0 .n Cd :0
0. w =..~ {.",~ "'0 <.~. " c' C:, 2 0
~
I I I EEl [I I I I . . *
" J
~ J " C' 4
> ~ 4 W a 0
Co .. .. a " '" "
4 Z Z C. 4 -' c- h' C'
; ~, C' ;], ~ " 2 '"
'" ..0 2 " " a , <
;;, ((; .' '" <;:
c' ~, c' ~<. ::-' .~ <;: ~,~ L".12
0.< " Q '-f [:, c' ,- C
w .- ...,-'-,- ':'U 2,~-
;; 2! :; :=ell' ,:'~. "'c <
='e. < ]' ~ lLl';:"
'" ", ?" .~ ] " "
!C =,0- u C'~ - C "'1_
0 C ~ loJ"
u . . u .. J
. -i c'
I ~ LJ , I I ~ ;. J
@i ' .'
',' I~ (iff r,,;~~:,~ I ~ :
J ~' ~J
r,'"'~':
<(
UJ
a:
<(
,"
, ,
't'[:
;.":.;
,,'
c~
...
,~' '..;
/- 8 j~;':i
o t 1.--1
" ""I
E:}I
;-;_1.
,/ .~/..
,,/
,/
C')
<(
c...
<(
:2
Z
W<(
(f)1D
::l~
OUJ
Z-'
<(=
..l~
<(
:::;
s:
o
m
,,' 'n'
,~', p~ E"
~;: C~-;I
':'If"''1
j"""
lVf:li
l:-,::i'
;,....
. :'1
, 1.
)
0.:
z<{
::5,~
!_J."
~
<,
~~
LL-'
r-l <l
-u.
'=.)
z
::>
::>
~
'-'
""
l~
\~:,
l."
\:
"
"
>>: f'IIJ::Rl'J
-
EXHIBIT 'B' TO
AMENDMENT NO.
t
!
'7''' ';t; ......~l4..",...,. ,~,. ",,"~,,-,;,~,.,!:, /"- ~
r-"'-
. I
,
;~
,
i
,
------l.
l
,
I ' ,
t:-{
I I
I
--,~~~y '^ I
"'.'=...:rv1 ~
._-~"'"..... .==--il-l
~:;~-...,.._-.-
,
,
,
,
,
,
Realign intersection
ii
"
'!
II
...
..
,
LAKE ONT-4R/O
- - - - TYPE B ARTERIAl
MAP 83
TRANSPORTATION
BOWMANVIUE URBAN AREA
,""'.-'.'...'-."-.- URBAN BOUNDARY _
~ FREEW^Y
lYPE A ARTERIAl
EXIST1NG
tf!!!:
\iffI
o
FUTlJRE
:1'9
FREEWAY INTERCI-WIGE
-----.------- TYPE C ARTERIAl
COllECTOR RQAO
- - - - - - - REGIONAl l'RANSIT SPINE
.......... INTER-REGIONAL
TRANSIT UNE
t= GO STATlON
OFFICIAl PlAN
MUNICIPAUTY OF ClARlNGTON
DECEt-cBER .4-. 2000
REFER TO SECTlON 19
I THIS COHSOl./O''''1QN IS PRO\o'IOED fOR CQH\/EHlD<<::E ONl..'r I
N<<J REPRESENTS REQlJESIED w<lIJIfOnoNS N'IJ JiPPRO{N.S
,....,
'......'
GRADE SEPARATION
96--0.46
!NOW N3>lO>Ia 0 g~
NOlSS):lNOO 0
0
I \ :I: g I;
1DH"'" a::
""'" :0
Oz
w ~5
en Qa.. ~ ~i
cc w
:;) z~
~ a. c I ~I
9 CC Zo
::E z ~z
CC ClO
..J zo ~ ~~
---- ii1lll ;1
--- i!!i
Ii:
0 ~i
a..
" ~
~ ~ -'
~
Cl S.. ~ if
il:
/!; " ~ ~ ~
~ !l: _
a.. 0 3'
&i@ . 0
. .
~ .
. .
:s . .
.
. .
. .
11M
o
I-
-
(J
-
I-
-
aJ
-
:::J:
xo
wO
Z
I-
Z
W
==
C
Z
W
==
<(
...
l
..
e: ___
;
9
i
j
1
!
e
g
G
g
...
=
g
N
9
.
..
.
.
.
.
.~~
o
-'
o
~ ili
~::i~ I&J
>-~z~ ~..
~!;j!o ole III
o!i1 t5~ ~~ z
:Jw "'6~!2 l:l
~~ ~'" ~l': "'"
Cl..&LI ....,Q. ~.....
ili
!l:
ffi
~~ ~
ti-, 5
wa.. 5
"'::E
a..w
~ ~III
e
~
ili ?:
!l:?:~ ffi~ ~'" ~ ~
~C) (11 Q z~ 0 It:
o;r;i:'i::E ~i:'i~15~!l!
ZZCO::Jo c~:e_"""
~~ ~~ u n ~8 ~8
Ill!I!! 11m
I ~
i:'.i
/':" i:'.i ~
~ '"
" z
-. . -/ .o!C"-. " a
,. .. . ~~. z
,.:" :~ -:::::;:r.- . z 0::
0
. -.. ~ :r:
r: en
. a. ~
I:.. i '" '"
g z z
a ~ :J :J
E 2 a
z ::l ~ :i
8 8 "
'" Ii:
.. '" ~ 0::
en . I
I ~ .
. I
.
.
0 . I
0 .
. .
I . I
.
.
.
8
N
OOlSS33NOJ
lNO>U
N)>IOHB
""'"
WNNJII
/
en en
WI-
a:Z
::J-
I-c(
c(a:
WI-
lI.en
....Z
c(O
a:<J
~C
c(Z
zc(
\
'.'11
t',1
Ill'
I'"
'I',
',I,
':':'
,I,',
':':'
.:':.
':':1
It,ll
',I,'
1,',1
.','.
III"~
1,','
,',','
,',',
:.:.:.
1,1,1,
',I,'
,',I,'
,1,1,
1111
'1'1'
1,1,
','
.','
,',
II:'
,',
'.'
,I,'
.'.
I.:
lD
Q.
c(
:e
c
o
15
Q)
~
Q)
....
c:
c
.21
Cll
Q)
~
~
~
o
~
E
o
o
0
t-
O
!::: ,..
a:I ~
..,
- It
:J:
X. $
UJO ""
Z j
t- o
Z J
UJ ;
1
:!!:
c I
z 1
UJ
:!!: j
<(
Q
~
~
~
\:!
:'5
S "..IS .waen
~
'3
o
~~
c
o
o
:r
0::
:J
Oz
~:5
"0..
w>-
z""
z-<
~~
"0
zu
-w
tEen
~
~
o
0..
ii
ij~
~~
~~
g 8~
~ !is
., i~
~ i~
~ ~~
~ lSl1!
II
~i
.
~
o
.
~
~
EXHIBIT 'E' TO
AMEI'llDMENT NO.
Chapter 9
Residential Neighbourhoods
T=...
......'.... I~. . .
~ -'"*
-- eer.a_ . .. . .....
low ....... ..... -.. .....
.
c.o..u
H' _c..o.l_ . . . . ... '00 '50
N2 .... c..o.l_ . . . . . 35Q ]SQ
N3 - ",. '25 . . . '00 '<00
NO - '225 '00 . . . ,. '<00
NS CIonoiow . . ... ... . ". . so
"35
.... - ... 100 . . . .. m
N7 .'. - ... . "'" . . . m '300
-- ,.,. 275 . . . ...
NO . 2300
.... '"""""'-I '075 ,. . . . ,. '225
H.. ~ 'SO 2S . . . 3IJ ...
H" - "SO 300 '25 . . so '625
--" .
H12 . . . . . . .
ror.... 1m .... .25 ". 2SO 20U .m.
BcJMn.~
H' EaII,...CawalhB . . . ... .,. m ....
N2 Wea Main eer.r..t "'- . . . 2SO .500 . ....
N3 ...- 075 . 2SO . . 'so ",.
NO Ooonl ... '25 15 . . 15 1OO
NS -- '025 <00 . . . .15 1600
.... -- .... 275 . 25 . '25 1615
N7 .&tIn .025 so so ..25 15 .so "15
NO - . '325 S2S . . . '00 '950
.... - .4S0 '25 . .25 ,. ':is '900
HI. - 075 ". . .00 50 so '325
NI' - '325 35Q . . . 15 ....
NI. ~c.- ,.. '15 . . . '2S ICllllI
HU -- 1025 35Q m 2S . 15 ,...
H" - 1075 2SO SO 25 . 15 ,.,.
H'5 1'oIl~ ~..sso. rn-- 200 1ft . . 25 Tl5noo-
- ror.... l292S ~~ c;m-. '225 '175 '100 ...- 2l.
--
H. _c..o.l_ . . . '00 50 15 m
N2 CoDm 1m '00 . . . '00 '275
H' - ,.SO 20Q . . . '25 I".
NO 1'oIlc/'- ... 325 . . 35Q . 107S
NO ............ '050 2SO . . . so U50
.... -... ... . . . . . ...
ror.... S035 175 . '''' 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