HomeMy WebLinkAboutPSD-091-08 AddendumUNFINISHED BUSINESS
~ar~~on REPORT
Leading the Way
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, November 3, 2008 R-esp(~L}jo~# £iP~~Oa~7"-Og
Addendum to
Report #: PSD-091-08 File #: COPA2002-006 By-law #:
S-C-2002-002 and ZBA 2002-002
Subject: APPLICATIONS FOR PROPOSED DRAFT PLAN OF SUBDIVISION, OFFICAL
PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TO PERMIT A MIXED
RESIDENTIAL DEVELOPMENT IN PORT DARLINGTON NEIGHBOURHOOD
APPLICANT: PORT DARLINGTON LAND CORPORATION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend
to Council the following:
1. THAT Addendum to Report PSD-091-08 and Report PSD-091-08 be received;
2. THAT the applications for amendment to the Clalington Official Plan, Files COPA 2002-006,
Draft Plan of Subdivision, S-C-2002-002 and Amendment to the Zoning By-law, file ZBA 2002-
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 by: Reviewed by: - "~
Dad rome, M.C.I.P., R.P.P.
Director of Planning Services
A. S. Canne a, C.E.T.
Director of Engineering Services
SA/CP/sh/df
29 October 2008
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
ADDENDUM TO REPORT NO.: PSD-091-08 PAGE 2
1.0 PURPOSE
1.1 On September 8, 2008, after hearing the delegation of Kelvin Whalen, on behalf of the Port
Darlington Land Corporation, Committee referred Report PSD-091-08 back to Staff and
directed staff to report back on October 6, 2008. A memo to Council dated October 2, 2008
explained the need for an extension to the November 3, 2008 General Purpose and
Administrative Committee agenda. The purpose of this report is to clarify Staff position to
Committee regarding the recommendations of PSD-091-08.
2.0 GROWTH MANAGEMENT IN CLARINGTON
2.1 The Clarington Official Plan contains policies for growth management. These policies
reflect some of the main objectives of the Provincial Policy Statement and the Provincial
Growth Plan. A key objective of the above-noted documents is to ensure the efficient use
of public infrastructure and that the management of growth in urban areas shall be
consistent with the principles of progressive, orderly extension of urban development.
The Clarington Official Plan also contains policy which gives Council the ability to declare a
residential draft plan of subdivision premature and recommend that it not be approved if
a~ of the following circumstances apply:
a) The plan does not implement the principles contained in Section 5.3.6 which states
the Municipality shall seek to ensure the sequential development of neighbourhoods
and the prevention of "leap frogging" of vacant land;
b) The municipal-wide non-residential assessment is less than 15 percent of total
assessment;
c) The capital works and services required to service the lands and the future residents
are not within the Municipality's current capital budget or 10 year capital works
forecast as updated from time to time; or
d) Council is of the opinion that the Municipality's administrative and financial resources
are not sufficient to provide an adequate level of services for those residents who
would be accommodated in the proposed plan of subdivision as well as to provide
and maintain an adequate level of services for existing residents and residents who
will live in developments which have been approved by the Municipality.
2.2 In the second half of 2007 and the winter of 2008, the Municipality of Clarington conducted
a Financial Impact Study. This study reviewed six (6) specific development proposals that
were not consistent with the growth and infrastructure assumptions contained within the
Development Charges Background Study. The results of this study indicated that .the
development proposal for the Port Darlington Neighbourhood cannot currently be
accommodated under the capital forecast prepared for the Development Charges
Background Study as it accelerates growth beyond the Municipality's ability to service the
subject lands.
2.3 Through the Development Charges Background Study, the Municipality of Clarington does
not anticipate development on the subject lands until after 2014. The capital works and
services required to service the lands for future residents are not within the Municipality's
ADDENDUM TO REPORT NO.: PSD-091-08
PAGE 3
current capital budget or 10 year capital works forecast. The developer has stated their
intention to commence as early as 2010. If Clarington grants approval to the residential
development, then the Municipality is indicating that it is planning to provide the necessary
infrastructure for that development and for any ongoing operational cost. It is Staffs view
that the Municipality does not have the finances to accommodate this development at this
time, and approval would have a negative impact on other residential developments that
are included in the capital budget and/or the 10 year capital works forecast.
3.0 ISSUES WITH THE PORT DARLINGTON NEIGHBOURHOOD
There are several key issues which create the financial constraint in approving the
proposed residential development in the Port Darlington neighbourhood. These include:
a) The construction of a grade separation at the existing level rail crossing at Port
Darlington Road;
b) The construction of a grade separation at the existing level crossing at Bennett
Road;
c) The replacement of the sub-standard "hole-in-the-wall" underpass on South Service
Road (southern extension of Lambs Road);
d) The long term impact on the surrounding road network, including the intersection at
Baseline Road and Liberty Street and the intersection at Highway 2 and Bennett
Road, the upgrading of Port Darlington Road and Bennett roads to a full urban
standard, etc.;
e) Additional improvement to the Liberty Street intersection with Lake Road to
accommodate turning movements that would be associated with the increased traffic
load from this development; and
f) Erosion mitigation measures along the Lake Ontario shoreline.
4.0 APPLICANT'S PROPOSAL
4.1 In a meeting with Engineering staff and the landowner it was agreed that some of the
issues noted above make development commencing from the west end of the site via Port
Darlington Road financially unfeasible, at this time. In addition, required improvements to
the road network had to be co-ordinated with senior levels of government, (Liberty Street
intersection improvements). The applicant request time to review a development scenario
commencing at the east end of the property in order to permit some level of development to
proceed at this time without considering the development to be premature. The applicant
was advised any work required to service the proposal must be in accordance with the
Development Charge Study, i.e. whatever the DC stated was required for improvement to
Bennett Road was their responsibility.
4.2 A brief traffic study for Bennett Road was prepared identifying capacity in the traffic levels
to accommodate some development. This was reviewed in a meeting in early October
2008. The Municipality did not receive a servicing report identifying how a portion of the
eastern part of the development could proceed or cost estimates, servicing alignments for
the roads and services, or any other engineering information.
ADDENDUM TO REPORT NO.: PSD-091-08 PAGE 4
4.3 Engineering staff advised that they are not supportive of any development having an
emergency access to Lambs Road, since it would also connect to Port Darlington Road
and could also adversely affect the East Beach Road area. While it is possible to consider
development of up to approximately 100 units, with a single road access, in consideration
of public safety and the provision of all essential services that make up a typical subdivision
(parks, transportation (transit), fire protection etc.), this approval of any portion of this
development is not supported. Additionally, once an initial phase of units is approved there
would be continuing pressure to extend the development
4.4 Staff strongly believe that development at the east end of the property is still premature as
it would be an isolated area and does not provide the critical mass that is needed to service
and develop a successful neighbourhood. Development commencing at Bennett Road and
progressing west is non sequential and would result in services for residents not being on
par with other typical subdivisions in the municipality, leading to complaints from the
residents for lack of services. It is also the area where there are the highest bluffs and
erosion mitigation costs could be substantial.
4.5 This application was originally filed in 2002. The public meeting report identified a number
of issues with the proposal. Letters were sent to the previous owner requesting the subject
applications be closed due to inactivity and prematurity. At this time staff feel that this
application remains premature and should be denied. The applicant disagrees with this
recommendation and believes the application should be left open to allow further dialogue
and opportunities to be considered.
5.0 CONCLUSIONS
5.1 It is recommended that this report be received for information to provide the Council
requested clarification to PSD-091-08.
Attachments:
Attachment 1 -PSD-091-08
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
Praf. Dryer
Tom & Chigi Cauchon
Alvarina Delemos
Don Wilkinson
Glenda Gies
Lynne Dennis
Attachment 1
To Addendum Report
Report PSD-091-08
~lari~gton
Leading the Way ~ E P ®RT
PLA~JNING SERVLCE~
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, September 8, 2008
Report #: PSD-091-08 File #'s: COPA 2002-006, S-C-2002-002 By-law #:
and ZBA 2002-002
Subject: APPLICATIONS FOR CARRINGTON OFFICIAL PLAN AMENDMENT,
PROPOSED DRAFT PLAN OF SUBDIVISION AND REZONING TO PERMIT A
MIXED RESIDENTIAL DEVELGPMENT 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:
THAT Report PSD-091-08 be received;
2. THAT the applications for amendment to the Clalington 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;
aiid
3. THAT the Durham Region Planning Department and a!I interested parties listed in this
report and any delegations be advised of Council's decision.
/ ,. r
Submitted by ~~~ Reviewed by: -~~ " '.' `l.
id J. Crome, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
SA/CP/sh/df
27 August 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-091-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Sernas & Associates
1.2 Current Owner: Port Darlington Land Corporation
1.3 Proposal for Official Plan:
i) Amend "Map A3 -Land Use Bowmanville Urbar 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 63 -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;
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.
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.
1.5 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
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.
3,0 BACKGROtJND
2.1 In February 2002, G. M. Sernas & Associates, on behalf of Sylvan Estates Inc. and
Bennett Developments Inc, submitted applications fora 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 co!lec±or
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
4.1 Provincial Policy Statement (PPS) 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) Urban areas and rural settlement areas will be the focus of growth.
1.1.1 f) 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
RAGE 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
filooding, 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 Regional 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 sensitive 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 Clarington 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. Iv1ap B3 Transportation Bowmanville Urban Area identi ies 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 Watertront as a unique
and dynamic feature and a vital public resource. The continuation of the Watertront
REPORT NO.: PSD-091-08
PAGE 6
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 fiorecast 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.
6.0 ZONING BY-LAIiV
6.1 Zoning By-law 84-63 zones the majority of the subject lands in an Agriculture (A) zone
categor~r. 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.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 Preliminary 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 i 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 Analysis, 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.
REPORT NO.: PSD-OS1-08 PAGE 8
7.5 Traffic Noise and Rail Vibration Feasibility Study HGC Engineering, 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 far~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 Servicing Report G.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
stormvvater management ponds are required to service the development. Water supply
to the development will be provided from the 8owmanville 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 4vill require regrading in
order to establish suitable road and lot grades.
8.0 PUBLIC jUBNiISSIONS
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.
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 cf the property as a portion of the lands aie 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 Ciarington 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:
• 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 CiJR crossing on Bennett Road should be revisited to
address the upgrade of the road to urban collector, increased design speed and
pedestrian crossing;
• amore 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 Crescert 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;
• priorto 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:
• 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 autlining the
sequence of road. projects. required to provide connectivity and facilitate
development.
10.0 STAFF COMPJIENTS
Staff has indicated in previous reports a number of serious issues relating to the
proposed development and "the timing of the development. I hese relate to specific land
use issues, transportation infrastructure, additional information required; and fiscal
impact.
10.1 Specific Land Uses
10.1.1 The provisions of rile Pori ^uariington i~eighbourhood Secondary Pian 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.: P3D-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. Municioalities 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 revievred 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.
10.3 Additional Information Required
10.3.1 The Region of Durham has indicated that the following additional studies are required:
• an Environr??ental Impact Study
• an archaeological assessment
• a record of site condition
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 Financiallmoact
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-091-08
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.
11.0 CONC!_!lSION
11.1 It is recommended that the applications to amend the Clarington Official Pian, 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-OS1-08
PAGE 4d
Attachment:
Attachment 1
Attachment 2
Attachment 3
- Key Map
- Proposed Official Plan Amendment
- Proposed Plan of Subdivision
List of interested parties to be advised of Council's decision:
Bryce Jordan, Sernas Group
Keivin Whalen, Kaitlin Group
Heather Davis
Philip Nixon
L. B. Short
Larry Metcalf
Les Coleman
Debra Allin
Gary Madill
Irv Gill
Joe DaSilva
crenst Burnie
Kevin Taylor
Prof. Dryer
Tom & Chigi Cauchon
Alvarina Delemos
Don Wilkinson
Glenda Gies
Lynne Dennis
Attachment 1
To Report PSD-091-08
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Bowmanvilts Key Map
Attachment 2
To Report PSD-091-08
AMENDMENT fdO.
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 Dariingfon
Neighbounc~cd 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 Pian is hereby amended as follows:
1. By amending Map A3 -Land Use Bowmanville Urban Area as shown
on Exhibit "A"
2. By amending Map 63 -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 h9ap 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.
r+uaurrnen>: S
To Report PSD-091-08
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Municipality of Clarington Official Plan -December 4, 2000 Page 39
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