HomeMy WebLinkAboutPSD-086-10 AddendumClarington
Leading me way
REPORT
PLANNING SERVICES
Meeting: COUNCIL
Date: July 12, 2010
Resolution #: C' 3yb "~~ By-law #: N/A
Addendum to
Report #: PSD-086-10 File #: S-C-2005-002, COPA 2008-0006
and ZBA 2005-0041
Subject: PROPOSED AMENDMENTS TO CONDITIONS OF DRAFT APPROVAL FOR
PROPOSED DRAFT PLAN OF SUBDIVISION S-C-2005-002
FAR SIGHT INVESTMENTS LTD.
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
THAT Report PSD-086-10 be lifted from the table;
2. THAT Addendum to Report PSD-086-10 be received;
3. THAT Staff be requested to make all necessary changes to the proposed conditions of
draft approval (Attachment 5 to Report PSD-086-10), as recommended by this
Addendum to Report PSD-086-10;
4. THAT the recommendations of Report PSD-086-10 be approved as amended by
Recommendation 3 of this Addendum Report; and
5. THAT Council authorize the Mayor and Clerk to enter into an easement agreement with
Bowmanville Zoological Park for lands that will be dedicated to the Municipality as part
of the conditions of draft approval of Subdivision S-C-2005-002 for the maintenance of
fencing that will be installed on the lands by the Far Sight Investments Limited.
Submitted by: Reviewed by:~ d-~~X ~- ~,
ay Langma' , FCSLA, MCIP Franklin Wu
Acting Director of Planning Services Chief Administrative Officer
MH/FLsn
7 July 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379. F (905)623-0830
REPORT NO.: ADDEN4UM to PSD-086-10
1.0 BACKGROUND
PAGE 2
1.1 On July 5, 2010, Staff submitted a recommendation Report PSD-086-10 to the General
Purpose and Administration Committee. The Report recommended approval of the
applications for proposed Draft Plah of Subdivision and Conditions and associated
Official Plan and Zoning By-law Amendments.
1.2 At the General Purpose and Administration meeting, the Committee heard from Mr.
Hackenberger, owner of the Bowmanville Zoo. Mr: Hackenberger indicated that
although the proposed development, for the most part, provides sufficient setback
between residential dwellings and the Zoo property, it did not satisfy his greatest
concern relating to zoo and animal security, and public safety.
As a condition of draft approval, the applicant will be responsible for constructing a 2.43
metre (8 ft.) non-scaleable, non-gated barrier fence with razor wire in order to deter
people from trespassing onto zoo lands from the stormwater pond block (Attachment 2
of Report PSD-086-10) and also to keep animals contained on site in the event an
animal escapes from its respective enclosure. The fence would be built along the entire
shared property boundary between the east side of the Zoo and the stormwater pond
block.
The applicant also agreed to provide the Zoo a 3 metre wide strip of land along the
entire length of the stormwater pond block in order to afford the zoo additional space to
perform day today operations. On July 3rd/4~n the applicant and Mr. Hackenberger had
further agreed to an additional. 1.5 metre strip of land.
1.3 However, Mr. Hackenberger indicated that the dedication of land should extend as far
north as the Zoo's northerly property limits, lands that are part of the open space Block
284 (valleyland) being dedicated to the Municipality as public valleylands for
.environmental protection.
1.4 In addition, Mr. Hackenberger indicated to Committee that he felt in order to keep the
Zoo's accreditation through the Canadian Association of Zoos and Aquariums, the non-
scaleable fence should be 3 metres (10 ft.) and be extended to the northern and
southern limits of the Zoo property (into open space blocks 284 and 285) to tie into the
existing perimeter fencing of the Zoo.
1.5 For added security, Mr. Hackenberger requested that chain link fencing be erected from
both ends of the non-scaleable fence, into the stormwater pond on an angle, to create
an additional road block for anyone attempting to trespass onto Zoo lands from the
stormwater pond block.
1.6 The applicant indicated to Committee that while the cost of the additional 2 foot height
of the fence would substantially increase the price, as would the additional length, that
they were willing to work with Mr. Hackenberger to provide this additional safeguard for
their future residents.
REPORT NO.: ADDENDUM to PSD-086-10
PAGE 3
1.7 Staff requested that Report PSD-086-10 be tabled to allow further discussions between
Planning Services Staff, Engineering Staff, Mr. Hackenberger and the applicant to
address the Zoo's outstanding concerns, and any potential Staff concerns.
2.0 DISCUSSION
2.1 On July 6, 2010, Planning Staff met with Mr. Hackenberger, Bob Schickedanz (the
applicant) and Engineering Staff to discuss the remaining outstanding
concerns/requests made by Mr. Hackenberger. The following specific items were
discussed at the meeting:
• Proposed increase in fence height from 2.43 metres to 3 metres;
• Proposed additional dedication of land to Zoo, including lands within open space
blocks 284 and 285 (Attachment 2 to Report PSD-086-10);
• Proposed extension of non-scaleable fence further north and south to tie into
existing perimeter fencing on the Zoo's property; and
• Proposed "wing" chain link fencing to be extended into the stormwater pond from
either end of the non-scaleable fence.
2.2 The outcome of the meeting (Attachment 1) proposed the solutions to all of the issues
discussed as follows:
• The applicant is willing to pay for an increased fence height to 3 metres;
• The Open Space blocks 284 and 285 will be dedicated to the Municipality, and the
Municipality will provide an easement to Bowmanville Zoo for the use of the land and
maintenance of the fence provided that the Zoo remains a Zoological Park;
• The applicant will extend the non-scaleable fence to the northern and southerly Zoo
perimeterfences; and
• The Municipality will accept the "wing" chain link fencing extending into the
stormwater pond and the Bowmanville Zoo will maintain this fencing. The cost of the
wing fencing, including access gates and the planting of shrubbery that will deter
access will be the responsibility of the applicant as part of the stormwater pond
development.
3.0 CONCLUSION.
3.1 Staff are recommending the proposed solutions outlined in Section 2.2 above as per the
Meeting Minutes of July 6; 2010 be incorporated into the Conditions of Draft approval
for the subdivision.
3.2 In addition, Staff are recommending entering into an easement and maintenance
agreement for the fencing on municipal property provided it meets with the satisfaction
of the Directors of Planning and Engineering Services and Municipal Solicitor.
REPORT NO.: ADDENDUM to PSD-086-10 PAGE 4
Staff Contact: Meaghan Harrington
Attachment:
Attachment 1 -Meeting .Minutes, July 6, 2010
List of interested parties: As Per Report PSD-086-10
MINUTES OF MEETING
July 6, 2010
12:00 pm - 1:00 pm
Attachment 1
Addendum to Report PSD-086-10
In attendance: Michael Hackenberger (Zoo)
Bob Schickedanz (Applicant)
Faye Langmaid (Acting Director of Planning)
Leslie Benson (Transportation Manager- Engineering Services)
Meaghan Harrington (Planner)
File #'s: S-C-2005-002, ZBA 2005-041 & COPA 2008-0006
A meeting between Staff, Bob Schickedanz and Michael Hackenberger was held on
July 6, 2010 to discuss the Zoo's outstanding concerns with the proposed Draft Plan of
Subdivision, as it relates to safety and security for both the Zoo property (including its
animals) and the general public. A number of Michael's concerns and requests were
discussed between Staff, Bob Schickedanz and Michael Hackenberger on the following
matters:
1) Dedication of 4.5 metre strip of land along shared property line;
2) Construction of a 3 metre tall barrier fence;
3) Extension of fence into valleylands to tie into existing Zoo fencing; and
4) Construction of "wing" fence into stormwater pond for added security.
The result of these discussions was a solution to the above noted matters which will
meet the needs of all parties, and a mutual agreement between all parties, moving
forward:
1) Dedication of land:
• The applicant is prepared to dedicate a 4.5 metre wide strip of land to
the Zoo along the shared property line between the Zoo property and
the stormwater pond block.
• Staff will not support the dedication of valleyland, currently identified as
open space on the Draft Plan, to the Zoo. These lands are to be
transferred to the Municipality.
• All parties were satisfied that the dedication of land would occur only
within the limits of the stormwater pond block, as shown on the Draft
Plan of Subdivision.
• An easement will be provided by the Municipality on Blocks 284 and
285 as deemed necessary when verified in the field.
2) Construction of Fence:
• Michael Hackenberger indicated to Staff and the applicant that a 3
metre tall barrier fence is needed, versus the proposed 2.43 metre tall
fence, in order to provide prevent any people from trespassing onto the
lands, and also to keep any animals from escaping the Zoo property.
The applicant is prepared to build anon-scaleable, non-gated barrier
fence, with razor wire, at a height of 3 metres, rather than the
previously proposed 2.43 metre tall fence. All costs associated with the
construction of the fence will be borne on the applicant. The long term
maintenance of the fence is the responsibility of the Zoo.
Staff have no concerns with a 3 metre tall fence, there are currently no
height restrictions for fencing in agricultural and environmental
protection zones.
3) Extension of Fence into Vallevlands•
Michael Hackenberger indicated to Staff that the northerly and
southerly extension of the barrier fence into both open space Blocks
284 & 285 was necessary in order to tie into the existing perimeter
fencing on Zoo property.
Although Staff is not in support of transferring any valleylands to the
Zoo, they are in support of providing easements to the Zoo for the
erection of a 3 metre tall barrier fence within both open space Blocks
284 & 285, in order to afford the Zoo adequate security measures. An
agreement between the Zoo and the Municipality will be necessary to
ensure that as long as the fence is existing, it shall be maintained and
repaired by the Zoo at their own cost.
The applicant is prepared to extend the barrier fence further north and
south of the limits of the stormwater pond block, in order to tie into the
existing perimeter fencing on the Zoo property.
4) Construction of "Wing" Fences•
Michael Hackenberger requested that the applicant be responsible for
the construction of chain link "wing" fences, at an angle from the
southerly and northerly limits of the barrier fence, and extend the
"wing" fences into the stormwater pond feature. This will prevent
anyone from having direct access to the barrier fence and potentially
eliminate the opportunity for anyone to attempt to scale the fence.
Staff is in support of the proposed construction of chain link "wing"
fences, provided that there is gated access to municipal employees, in
order to access the westerly edge of the stormwater pond for regular
maintenance. In addition, an easement shall be granted to the Zoo to
ensure that the chain link "wing" fence fencing is maintained and
repaired by the Zoo, at their cost. The design and location of the
fencing shall be reviewed by the Director of Engineering prior to
construction.
• The applicant is prepared to construct the "wing" fences.