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HomeMy WebLinkAbout2012-056 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2012-056 being a By-law to adopt Amendment No. 86 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act, R.S.O., 1990 as amended, authorize the Municipality of Clarington to pass By-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to include recommendations contained in the Foster Creek Subwatershed Plan and the North Newcastle Neighbourhood Design Plan; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 86 to the Clarington Official Plan, being the attached explanatory Text and exhibits is hereby adopted. 2. This By-law shall come into force and take effect on the date of the final passing thereof. BY-LAW approved by the Ontario Municipal Board October 19, 2012 AMENDMENT NO. 86 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: To implement the recommendations of the Foster Creek Subwatershed Study and to permit development in accordance with the North Village Neighbourhood Design Plan. BASIS: This amendment is based on Foster Creek Subwatershed Study, August 2001 prepared by Gartner Lee Limited and Greenland International Consulting Inc. and the North Village Neighbourhood Design Plan, 2011 prepared by the Sernas Group Inc., and applications for Official Plan Amendment, two Draft Plans of Subdivision and rezonings submitted. by Smooth Run Developments Inc. and Brookfield Homes (Ontario) Limited. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. Amend Table 9-2 "Housing Targets by Neighbourhood" by revising the targets for Neighbourhood N5 North Village and amending all corresponding totals as follows: Table 9 2 Housin Tar a"ts*'Neig hbourhoods Urban,Area Housing UNts Nei�hbciur-hoods Low Medium .Hl h;; Interisication Total N5 North Village 1000 400 0 50 1450 TOTAL 5110 1225 300 350 6985 2. By Amending Map A4 — Land Use Newcastle Village Urban Area as shown on Exhibit "A" to this amendment. 3. By Amending Map B4 — Transportation Newcastle Village Urban Area as shown on Exhibit "B" to this amendment. 4. By Amending Map H3- Neighbourhood Planning Units —Newcastle Village Urban Area as shown on Exhibit "C" to this amendment. IMPLEMENTATIOWThe provisions set forth in the Clarington Official Plan, amended, regarding the implementation of the Plan, shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, amended, regarding the interpretation of the Plan, shall apply in regard to this amendment." ISSUE DATE: l October 19, 2012 S PL080994 Ontario Ontario Municipal Board Commission des affaires municipales de ('Ontario Smooth Run Developments Inc. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to rezone lands respecting Part Lots 27 and 28, Concession 2 from A-1 to R1-X, R2-X and R3-X to permit the development of a residential subdivision consisting of approximately 1,150 dwelling units OMB File No. PL080994 Brookfield Homes (Ontario) Limited has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to rezone lands respecting Part Lot 28, Concession 2 from A-1 to R1-X, R2-X and R3-X to permit the development of a residential subdivision consisting of approximately 400 dwelling units OMB File No. PL080995 Brookfield Homes (Ontario) Limited has appealed to the Ontario Municipal Board under subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from the failure of the Municipality of Clarington to make a decision respecting a proposed plan of subdivision on lands composed of Part of Lot 28, Concession 2 in the Municipality of Clarington Approval Authority File No. S-C-2005-004 OMB File No. PL081140 Smooth Run Developments Inc. has appealed to the Ontario Municipal Board under subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from the failure of the Municipality of Clarington to make a decision respecting a proposed plan of subdivision on lands composed of Part of Lots 27 and 28, Cceort'�2 in: he Municipality of Clarington w Approval Authority File No. S-C-2005-003 _- OMB File No. PL081141 c c. Brookfield Homes (Ontario) Limited and Smooth Run Developments Inc: have appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R:S.Q. 1990, c. P.13, as amended, from Council's refusal or neglect cto°-enact-a. proposed amendment to the Official Plan for the Municipality of Claringtonctojedesj_gnate lands respecting Part Lots 27 and 28, Concession 2 to accommodates tfte 'desig`n of a Neighbourhood Plan for the North Village Neighbourhood of Newcas� Viiiage:to permit . the development of two residential subdivisions consisting of a' �oxlm,at WcAO G anc[ 1,150 dwellings each ='s Approval Authority File No. COPA-2005-008 OMB File No. PL081142 fviUP?:GIPr,L CL Ri.c iLZ_ -----•- d ,~� - 2 - PL080994 APPEARANCES : Parties Counsel Smooth Run Developments Inc. and R. Houser/K. Hodges (student-at-law) Brookfield Homes (Ontario) Ltd. Municipality of Clarington A. Allison Regional Municipality of Durham C. Boyd Corey Geddes Participants Michael Boland Richard Columbus DECISION DELIVERED BY J. de P. SEABORN AND ORDER OF THE BOARD INTRODUCTION [1] The appeals by Smooth Run Developments Inc. and Brookfield Homes (Ontario) Ltd. ("Applicants") relate to a residential development proposal for two parcels of vacant land within the North Village Neighbourhood in the Town of Newcastle ("Town"). The applications include a proposed official plan amendment, two draft plans of subdivision and associated zoning by-law amendments. The Municipality of Clarington ("Municipality") and the Regional Municipality of Durham ("Region") support the project. Accordingly, the planning instruments under appeal were recommended by the Applicants, the Municipality and the Region for approval by the Board. [2] Corey Geddes, representing himself and the Newcastle Villagers Road Safety Committee, was given party status at the previous hearing event held in August 2012. Mr. Geddes testified on his own behalf and was permitted to cross-examine witnesses and provide closing submissions. He did not call any witnesses. Michael Boland, a resident to the south of the development, requested at the outset of the hearing that his status be changed from that of a party to a participant. Richard Columbus, a participant, appeared at the hearing and also provided testimony. - 3 - PL080994 ISSUE [3] The hearing was originally scheduled for August 2012. The Applicants (who are also the appellants) and the municipal parties had reached a settlement on all aspects of the appeals and were prepared in August to present evidence to support the settlement. Four residents appeared at the August hearing and Ms. Houser agreed to a short adjournment to explore whether the matters raised by Mr. Geddes and Mr. Boland, who requested and were granted party status, could be resolved. Ms. Houser convened a meeting to review the applications with Mr. Geddes and Mr. Boland. No agreement was achieved and Mr. Geddes identified one issue for the hearing, which was set out in the Board's procedural order (issued September 18, 2012) as follows: Based on the Provincial Policy Statement, Growth Plan and the Clarington Official Plan, does the impact from traffic generated by the proposed development promote a healthy, liveable and safe community? [4] Consequently, the evidence presented at the hearing was largely restricted to this one issue, albeit Mr. Jordan, the land use planner retained by the Applicants, provided his opinion in respect of the merits of the planning instruments under appeal. Mr. Geddes confirmed his earlier advice to Ms. Houser and Mr. Allison that the residents did not "wish to stop the development from happening" (Exhibit 2). However, they are concerned about the impact of an increase in traffic from the development and they predict a negative social impact on the community. EVIDENCE AND FINDINGS Planning Instruments [5] As indicated at the outset the draft official plan amendment, zoning by-law. amendments, and draft plans of subdivision, including detailed conditions, were supported by the Region and the Municipality. The project has been planned for several years and the original applications were filed in 2005. Several refinements have been introduced over the years and the issues originally raised by the municipalities are resolved. The requisite public meetings were held and, ultimately, Council for the Municipality indicated their support for the proposal, subject to the numerous conditions set out in each draft plan of subdivision. It was Mr. Jordan's opinion that the instruments represent good planning and he recommended their approval. - 4 - PL080994 [6] Briefly, the Applicants own separate parcels of largely vacant land situated in the Newcastle Urban Area (Map A4, Clarington Official Plan), which is south and east of highway 115/35. The urban area includes lands both south and north of highway 401. The parcel owned by Brookfield Homes (Ontario) Ltd. ("Brookfield Homes") is at the north end of the urban area, at Concession Road 3 and the parcel owned by Smooth Run Developments Inc. ("Smooth Run") is immediately to the south. Both parcels are designated as "Living Area" in the Region's Official Plan and accordingly, no amendment is required to implement the development proposal. The Official Plan for the Municipality designates the lands as "Urban Residential" and "Future Urban Residential", subject to special policies. The proposed official plan amendment (Exhibit 6, Tab 9) is required to implement the recommendations of a necessary watershed study and to permit development in accordance with the North Village Neighbourhood Design Plan, a requirement of the Municipality. The evidence was clear that urban and residential development has been anticipated and provided for in the applicable official plans for several years. [7] Mr. Jordan explained that the two zoning by-laws are proposed to amend the comprehensive zoning by-law for the former Corporation of the Town of Newcastle (By- law 84-63) and provide detailed standards for the residential development described in the draft plans of subdivision (Exhibit 6, Tabs 12 and 13). The two draft plans propose: a 656-unit residential development with a mix of housing types, elementary school, park block, a parkette, a day-lighted tributary, two storm water management ponds, an open space block, a block for a water reservoir and a future development block (Smooth Run project); and, a 270-unit residential plan with mixed housing, a parkette, a walkway, a servicing block and a future development block (Brookfield Homes project). The details of each proposal are set out in the draft plans (Exhibit 6, Tabs 10 and 11) and include agreements between the Applicants and the municipalities and detailed conditions of approval that represent input received from various reviewing agencies, including the Ministry of Transportation ("MTO") and the Region. In addition, the Applicants provided a detailed Neighbourhood Plan (Exhibit 10) for the North Village Neighbourhood, showing a thoughtful plan for each subdivision including the layout of interior roads, parks, school site and servicing. The Neighbourhood Plan was introduced to the residents at a public meeting, endorsed by municipal staff after all agency comments were incorporated and, subsequently, were provided to Municipal Council as one of the bases for the approvals sought. - 5 - PL080994 [8] Based on the evidence provided and, in particular, the opinion of Mr. Jordan, the Board finds that each of the planning instruments under appeal should be approved. The application generally and the proposed official plan amendment, zoning by-law and draft plans of subdivision have regard for matters of provincial interest, are consistent with the Provincial Policy Statement (PPS), and conform to all applicable provincial plans. The draft plans of subdivision each have regard to the criteria set out in s. 51(24) of the Planning Act. The conditions of each draft plan are detailed and satisfy the requirements of the Municipality and the Region. [9] The project will be.constructed in phases and will likely be built out over a seven to ten year period. The two proposed zoning by-laws also represent good planning and implement the project as described in the evidence. The zoning by-laws conform to both the Region's Official Plan and the Official Plan for the Municipality. The proposed official plan amendment meets the general intent of the Official Plan for the Municipality and conforms to the Region's Official Plan. On this basis, the Board concludes that the appeals should be allowed and the planning instruments approved in the form provided for in the evidence (Exhibit 6, Tabs 9 — 13, inclusive). In arriving at this decision, s. 2.1 of the Planning Act has been considered, which requires the Board to have regard to the decision of Municipal Council, which supports the application. TRAFFIC [10] In providing his opinion on the planning merits of the instruments under appeal, Mr. Jordan also explained the configuration of the existing road network and explained the work undertaken by the municipal parties and the Applicants in addressing traffic. In addition Mr. Roovers, a transportation engineer, testified in respect of the work undertaken by the Applicants to ensure that any potential impact from increased traffic arising from the development proposal had been addressed. [11] Regional Road 17 ("RR 17") is next to the west limit of the development. It commences at Taunton Road, follows highway 115/35 at the Newcastle Village Urban Area, runs through the Village (as Manvers Road) to highway 401 (known as Mill Street). Official plan policies identifies RR 17 as a Type B arterial road, which means it has significant daily traffic volumes, there are generally no restrictions on the movement of goods, and it is to experience an uninterrupted traffic flow except at traffic control signals. Technical comments were provided to the Applicants early in the planning - 6 - PL080994 process and certain upgrades will be required as the project is built out. There will have to be a realignment of RR 17 such that its intersection with Concession Road 3 is moved away from the highway 115/35 interchange. Incremental improvements will include turning lanes and sidewalks. Mr. Jordan pointed out that several of the residents' concerns relate to that portion of RR 17 that is south of Grady Drive and proposed improvements to this segment cannot be made conditions of draft plan approval, but rather should be addressed, as necessary by the Region and the Municipality. On this matter, the Board accepts Mr. Jordan's planning opinion. [12] Mr. Geddes testified that the development threatens the existing community given the level of expansion that two new subdivisions will have on the residents of Newcastle directly to the south. Existing roads are not urbanized and many of the major streets do not have sidewalks. There will be considerable increases in volumes of traffic during the construction phase and when the development is eventually completed. Mr. Geddes and the residents are concerned that RR 17 in particular will become a popular route adding unnecessary traffic to existing residential roads. Noise will increase and the end result will be.increased pollution and undesirable congestion. It was Mr. Geddes's evidence that the planning policies stipulate that the Municipality is to promote healthy, viable communities and that impact to existing residents has been overlooked. Mr. Boland, who lives at George Street and Manvers Road (the south end of RR 17), testified that he is already faced with tractor trailers on Manvers Road and speeding vehicles through residential areas where many streets lack sidewalks. He anticipates a negative impact to his neighbourhood and suggested that the Municipality must consider restrictions to protect residents from traffic volumes and speeding cars and trucks. Mr. Columbus echoed these concerns and explained that safety on Manvers Road is a problem today. The area is one where neighbours enjoy walking and biking. The state of the roads coupled with increased traffic will result in unsafe conditions on Manvers Road. [13] Mr. Geddes conducted his own count of existing traffic, which Mr. Roovers reviewed and concluded that the counts were almost identical. Mr. Roovers also looked at the impact of predicted future volumes arising from the development and concluded while there will obviously be an increase, it is well within the limits of the Region's standards for arterial roads. Mr. Roovers reviewed the history behind the traffic impact work, including a revision undertaken to reflect the reduction in the number of residential - 7 - PL080994 units from the original proposal. Mr. Roovers' conclusion, which the Board accepts, was that "the proposed traffic volumes related to the subject development and subsequent future forecasted traffic volumes are in the low range of expected volumes based on the intended function of Regional Road 17 as a Type B arterial road" (Exhibit 7, Tab 2, p. 3). [14] Mr. Geddes proposed several conditions of draft plan approval that relate to road upgrades. As pointed out by Mr. Allison, the issues raised by Mr. Geddes have been addressed by staff. In some instances, the requested conditions are simply outside the jurisdiction of both the Board and the Municipality. For example, one request was that a 30 km/hr speed limit be imposed on streets within the area. This is not a matter that the Board can include in any condition of draft plan approval. In other instances, there will be upgrades of the type suggested by Mr. Geddes as the development is built out over the next decade. Mr. Geddes requested that a grade separation be constructed to address the conditions at the CPR line and that the existing street be urbanized with sidewalks. In addition, changes to road configurations and traffic calming measures be introduced to improve safety and divert truck traffic from residential areas. [15] The concerns about safety and traffic are important issues. To the extent that the issues raised relate to existing conditions, the residents should ensure that their specific concerns (for example, traffic calming, sidewalks and location of bus stops so that pedestrian safety is maximized) are known to Municipal staff. As stated by staff in their final report to Municipal Council (June 2012, Exhibit 6, Tab 6), RR 17 is under the Region's jurisdiction and will be reviewed through an environmental assessment. The reconstruction of Arthur Street is included in the Development Charges By-law Background Study undertaken by the Municipality and improvements to an urban standard will be constructed as the phases of the development connect to Arthur Street. Improvements to the level crossing will also be constructed when future phases of the development connect to Arthur Street. Sidewalks connecting the development to the downtown are required during the first phase of the development on RR17. With respect the area of RR 17 and highway 115/35 recommendations have been made for intersection improvement as future phases develop. These are subject to the approval of the MTO and the Region. [16] Based on the evidence presented, the Board finds that the conditions of draft plan approval need not be augmented by the additional conditions relating to road improvements, -traffic calming, urbanization and reduction in upper speed limits. The - 8 - PL080994 traffic concerns have been addressed by the Applicants and as indicated by staff in their report and Mr. Roovers in his evidence, the transportation study was reviewed by MTO, the Region and the Municipality and all requirements are satisfactorily addressed by the conditions of draft approval (Exhibit 7, Tab 2, p. 3). DECISION AND ORDER [17] The Board orders that the appeals are allowed, as follows: (a) An official plan amendment to the Clarington Official Plan, as set out in Exhibit 6, Tab 9 is approved. (b) The draft plans of subdivision are approved, including the conditions, all of which is set out in Exhibit 6, Tabs 10 (Smooth Run) and 11 (Brookfield Homes). (c) The zoning by-law amendments to the former Corporation of the Town of Newcastle By-law 84-63 are approved, in the manner set out in Exhibit 6, Tabs 12 and 13. (d) The Clerk shall assign record keeping numbers to the planning instruments approved by the Board. "J. de P. Seaborn" J. de P. SEABORN VICE-CHAIR Exhibit "A", Amendment No. 86 To the Municipality of Clarington Official Plan, Map A4, Land Use, Newcastle Village Urban Area CONCESSION ROAD 3 PON.P111. Change From "Public Elementary School"To "Separate Elementary SPECIA School" ■ AREA ■ ■ Expand "Special Policy Area ■ Add"Medium Revise Collector Density Residential" symbols Road locations M M Delete "Separate Elementary School" symbol Relocate"Medium Density Residential" symbol Relocate"Public Elementary School" and "Neighbourhood Park" symbols W W F- Add new Environmental N Protection Area n SPECIAL POLICY AREA E _ SPECIAL Oa POLICY � M AREA E KING AVENUE M Exhibit "B", Amendment No. 86 To The Municipality of Clarington Official Plan, Map 134, Transportation, Newcastle Village Urban Area r I Revise Collector Road Locations �— ------ -- ------ KING AVENUE G 1 I 401 1` - - - - — - - - / C.N.R. all Iff 6 LAKE ONTAR/O e= URBAN BOUNDARY ------------------ FREEWAY ® TYPE A ARTERIAL ———— TYPE B ARTERIAL TYPE C ARTERIAL MAP 134 COLLECTOR ROAD TRANSPORTATION ——————— REGIONAL TRANSIT SPINE NEWCASTLE VILLAGE URBAN AREA EXISTING FUTURE OFFICIAL PLAN lefflft, �"+ MUNICIPALITY OF CLARINGTON ulsb c=_= FREEWAY INTERCHANGE JANUARY 1, 2010 0 200 400 600 800 m REFER TO SECTION 19 200 m O GRADE SEPARATION `�% THIS CONSOLIDATION IS PROVIDED FOR CONVENIENCE ONLY AND REPRESENTS REQUESTED MODIFICATIONS AND APPROVALS Exhibit "C", Amendment No. 86 To the Municipality of Clarington Official Plan, Map H3, Neighbourhood Planning Units, Newcastle Village Urban Area CONCESSION ROAD 3 1 �N 1 o NORTH & VILLAGE /0/ o (4150) UJ Change From (3900)To(4150) LU 3 1 a FOSTER KING AVENUE VILLAGE-CENTRE (5700) (500)r- • o 2 GRAHAM o (3700) HIGHWAY 401 LU 6 - WILMOT C•N•R (1600) 4 PORT NEWCASTLE (2800) • URBAN BOUNDARY ® NEIGHBOURHOOD BOUNDARY (1000) POPULATION LAKE ONTARIO N MAP H3 NEIGHBOURHOOD PLANNING UNITS NEWCASTLE VILLAGE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON JANUARY 1,2010 0 230 460 920 1,380 1,840 REFERTO SECTIONS 5 AND TNISOONSDLIOAT-IS PRDV -FOR CONJENENOEONLY Metres AND REPRESENTS REQUESTED MODIFlOA-S ANDAPPRW