Loading...
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.