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HomeMy WebLinkAboutPD-158-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: DEFERRALWA REPORT REPOR Meeting: General Purpose and Administration Committee File # Date: Monday, November 18, 1996 Res. # Report #: PD- 158 -96 File #: PLN 32.11.12; PLN 32.11.15; PLN 32411alj # Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 158 -96 be received; 2. THAT the Region of Durham be requested to modify and approve Section 23.10.1 of the Clarington Official Plan in accordance with the modification contained in Attachment #1 to Report PD- 158 -96 (Deferral No. 28); 3. That the Region of Durham be requested to approve the land use designation in the Clarington Official Plan for the lands on the north -east corner of Prestonvale Road and Bloor Street as Future Urban Residential Area on Map Al (Deferral No. 34); 4. That the Region of Durham be requested to modify and approve the policies and designations of the Clarington Official Plan affecting certain lands in north Newcastle Village in accordance with revised modifications contained in Attachment # 5 to Report PD- 158 -96 (Deferral No. 37); and 5. That a copy of Report PD- 158 -96 and Council's resolution be forwarded to the Regional Clerk, the Regional Planning Department, the interested parties listed in this report and any delegations. 1. BACKGROUND Forty items were deferred for further consideration by Regional Council during their consideration of the Clarington Official Plan. Seventeen of those are considered resolved but awaiting approval of related Durham Regional Official 674 REPORT NO. PD- 158 -96 PAGE 2 Plan amendments. This report makes recommendations regarding three deferred matters. 2.1 Section 23.10.1 includes policies governing parkland dedication. The last sentence states that " all land conveyed or dedicated to the Municipality must be free and clear of all encumbrances." The Region of Durham Works Department wants to ensure that this policy would not prohibit Regional water and sanitary sewer services from being located in a park or valley land areas. 2.2 The purpose of this policy is to ensure that when the lands are conveyed to the Municipality for park purposes the Municipality has clear title. The lands are not to be legally encumbered in a manner which would prohibit the Municipality from using them for park purposes. Regional services could pose such a problem if manholes were located in sports fields, repair work was undertaken during the summer sports season, or the service easement sterilizes the land for sport facilities construction. However, it is also recognized that there may be significant cost - savings in situations where it would be expensive for the Region to acquire easements for services on private lands as opposed to municipal lands. Staff have met with Region's representative and both parties agree that any servicing easement on parkland would be permitted only if it did not adversely impact the location, configuration, development and future useability of the parkland. The Municipality and the Region have negotiated servicing easements in the past and staff are confident that easements can be negotiated in the future. 2.3 The propose Modification # 167 contained in Attachment #1 proposes to add a cross - reference to Section 21.2.2 of the Official Plan. This section deals with the 675 REPORT NO. PD- 158 -96 PAGE 3 location of new utility facilities and /or corridors and allows them in any land use designation, subject to various criteria. In as much as this policy already exists, it was agreed by both Regional Works staff and Planning staff that a reference to it would clarify Section 23.10.1 and resolve the deferral. In addition, staff have added a reference that lands to be conveyed to the Municipality shall be free of contamination. 3.1 Mel Edwards is the agent for Donald and Beverly Lawrence, Oshario Enterprises Limited and William Nozdryn. The three landowners own approximately 9.5 ha (23.5 acres) of land located on the north -east corner of Prestonvale Road and Bloor Street (Attachment #2). Mr. Edwards made a submission to the Region on August 29, 1996 (Attachment #3). Mr. Edwards submission was received too late for the Municipality to respond prior to the Region's public meeting on the Clarington Official Plan. Mr. Edwards submission requests the following revisions to the Official Plan: • the Local Central Area designation for the lands contained in the Draft Official Plan should be retained; the lands on the north -east corner of Prestonvale Road and Bloor Street should be included within the 20 year development area utilizing Robinson Creek as the natural boundary; and • Prestonvale Road should be maintained as a Type C arterial between Highway 2 and Bloor Street. REPORT NO. PD- 158 -96 PAGE 4 3.2 Prestonvale Road With respect to the designation of Prestonvale Road, the Clarington Official Plan has been approved with the segment of Prestonvale road between Glenabbey Drive and Highway 2 designated as a local road. The designation of the segment of Prestonvale Road between Glenabbey Drive and Bloor Street is deferred (Deferral No. 33) awaiting approval of the Regional Plan Amendment # 23. The landowners did not make a referral request regarding the designation of approved portion of Prestonvale Road. It is unlikely that the landowners would make such a referral request for the southerly portion between Glenabbey Drive and Bloor Street. Council has considered this matter in some detail over the last three years. No changes are recommended as a result of this submission. 3.3 20 Year Urban Boundary The subject lands are designated Future Urban Residential Area. As such, they are located outside of the lands identified for development within the 1996 to 2016 planning period. Mr. Edwards submission is that new residential lands have recently been identified on the east side of Prestonvale Road, south of Bloor Street. Accordingly, he suggests that the Robinson Creek be used as the boundary for 20 year development lands on the north side of Bloor Street as well. Through the Official Plan Review, considerable effort was expended to determine the 20 year land requirements. In light of staff's analysis of the 20 year land requirements for the Municipality and the objective of retaining Bowmanville as the predominant urban area, staff do not support the designation of additional development lands in the Courtice urban area at this time. This matter can be reviewed further in the five year review and update of the Official Plan. 677 REPORT NO. PD- 158 -96 PAGE 5 3.4 Local Central Area The Draft Official Plan, released in May 1994, indicated a Local Central Area at the north -east corner of Prestonvale Road and Bloor Street. Under this designation, up to 10,000 square metres of retail floorspace would be permitted. The Recommended Official Plan adopted a different approach to land use designations. Instead of two boundaries, a 20 year boundary and a 30 year boundary, the Recommended Official Plan designated lands beyond the 20 year boundary as Future Urban Residential Area, in effect deferring the decisions on future detailed land uses such as school, parks, neighbourhood commercial areas and Local Central Areas. This approach recognized that planning for detailed land uses beyond the 20 year period was not prudent, particularly when there were so many changes occurring in how services are delivered to residents. Moreover, the designation of a Local Central Area in this location was premised on Prestonvale Road being a Type C arterial road. Given Council's decision that Prestonvale Road should be a local road, it is not appropriate to designate a Local Central Area at this location. 3.5 Staff met with Mr. Edwards in mid - October and informed him of staff's position on his submission. 4. DEFERRAL NO. 37 - HUGH ALLIN 4.1 Mr. Allin appeared before Regional Planning Committee on September 10, 1996 and raised concerns regarding the impact of residential development in Newcastle Village on the viability of his hog operation on the north side of Concession Road 3. Mr. Allin owns 119 acres as shown on Attachment #4. The Official Plan (as proposed to be modified through modifications #88 and #147 by Regional staff) would designate the portion of the urban area within the area of influence from the hog operation as Future Urban Residential Area. The REPORT NO. PD- 158 -96 PAGE 6 area of influence is determined by Minimum Distance Separation Formulae (MDSF) established by the Province. The applicable formula is measured from the barns on the farm. The proposed policies would require that the hog operation or similar use cease prior to the redesignation of the lands for Urban Residential uses. The lands affected are owned by Amberglen Developments Ltd. and Steven Selby. 4.2 Mr. Allin indicated to the Regional Planning Committee that he was concerned about complaints and nuisance lawsuits from future residents regarding his agricultural operations which extended to the whole of his property. Accordingly he requested that the Region either: i) extend the area of the lands designated Future Urban Residential Area further south and west to apply to an area much larger than the MDSF area; ii) designate his farm for Urban Residential uses to enable him to relocate; or iii) provide a notice to home buyers in the area in such a manner as to protect against potential nuisance lawsuits. Regional Planning Committee rejected the first option. The second option of expanding the urban area is not possible without an amendment to the Durham Regional Official Plan. Regional Plan policy would only allow this to be considered as part of a comprehensive review in 2001. The third option, however, seemed to be an appropriate compromise which would balance the objectives of the various landowners. 679 REPORT NO. PD- 158 -96 PAGE 7 4.3 After initial discussions with Hugh Allin and John Genest, who represents Amberglen Developments Ltd. and Steven Selby, staff drafted the proposed modifications to the deferred policies and land use designation for the northerly portion of Newcastle Village and forwarded same to all parties. Staff requested written responses by November 6, 1996. As of the writing of this report, Amberglen Development Limited and Steven Selby have confirmed their consent. Mr. Allin verbally indicated his acceptance of the proposed modifications and indicated that he would provide written consent shortly. 4.4 It is recommended that the Region be requested to modify and approve the Plan as indicated in Attachment #5. The revised policies for Special Policy Area G provide for two levels of control for development in the most northerly portion of Newcastle Village. The area of influence under the MDSF would be designated Future Urban Residential Area as previously proposed. The balance of the lands in the Special Policy Area would be developable but would require the developer to include a warning clause in all purchase and sale agreements indicating that the lands may be impacted by agriculture operations, including such matters as noise and odour. 5. CONCLUSION This report recommends the proposed resolution of three deferrals as follows: Regional and Municipal staff have agreed on modifications to Section 23.10.1 to resolve concerns about regional services utilizing municipal parks and valleyland areas (Deferral No. 28). It is recommended that the Region modify and approve Section 23.10.1 as indicated in this Report; No modifications are recommended to accommodate the concerns raised by Mr. Mel Edwards and, therefore, the Region is requested to approve the REPORT .D .6 PAGE 8 Official Plan, as adopted by Council on January 29, 1996 for the lands on the north -east corner of Prestonvale Road and Bloor Street (Deferral No. 37); Municipal staff, the development proponents and Mr. Hugh Allin have agreed on modifications to Section 16.9 and Map A4 (Newcastle Village - Land Use) to resolve the concerns raised. It is recommended that the Region be requested to modify and approve that Official Plan as indicated in this Report (Deferral No. 37). Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development DC *FW *cc Attachment # 1 - Attachment # 2 - Attachment # 3 - Attachment # 4 - Attachment # 5 - November 11, 1996 Reviewed by, t W. H. Stockwell Chief Administrative Officer Proposed Modification No. 167 Location Map - Deferral No. 34 (Mel Edwards) Letter from Mel Edwards to Regional Planning Aug.29,1996 Location Map - Deferral No. 37 (Hugh Allin) Proposed Revised Modifications No. 88 and 147 i Committee dated REPORT NO. PD- 158 -96 PAGE 9 Interested parties to be notified of Council and Committee's decision: Mel Edwards Donald Lawrence Burgess Durham Quality Realty Inc. Beverly Lynn Burgess 600 King Street E. 1538 Bloor Street Oshawa, Ontario L1 H 1G6 Courtice, Ont. L1 E 2S2 Hugh Allin Mr. Thom Sloley, P. Eng. 1044927 Ontario Limited Engineering Planning and Studies 3574 Concession Road 3 Regional Works Department R. R. #8 Box 623 Newcastle, Ont L1 B 1 L9 105 Consumers Drive Whitby, Ont. L1 N 6A3 John Genest Malone Given Parsons 140 Renfrew Drive Suite 201 Markham, Ontario L3R 6133 William Nozdryn, R. R. #6 Bowmanville, Ont L1 C 3K7 Larry Lyle Welch Victoria Louise Welch 2155 Prestonvale Road Courtice, Ont. L1 E 2S2 Hugh Neill 2111 Prestonvale Road Courtice, Ont. L1 E 2S2 Ontario Enterprises Limited c/o Dr. J. Kwan 117 King Street East Oshawa, Ont L1 H 1 B8 Ronald Frank Gossman Joyce Eileen Gossman 1536 Bloor Street Courtice, Ont L1 E 2S2 PROPOSED •D , •, • TO THE CLARINGTON OFFICIAL PLAN TO RESOLVE DEFERRAL NO. 29 The last sentence of Section 23.10.1, which reads as follows: "All land conveyed or dedicated to the Municipality must be free and clear of all encumbrances." be deleted in its entirety, and replaced with the following: 'All park land and Environmental Protection Areas conveyed to the Municipality shall be free of all encumbrances, except as identified in Section 21.2.2. In addition, all land to be conveyed shall not be contaminated." so that Section 23.10.1 now read as follows: "23.10.1 It is Council's policy to require that, as a condition of development or redevelopment or the approval of a plan of subdivision of land in the Municipality, land shall be conveyed or dedicated to the Municipality for park or other public recreational purpose in accordance with Section 23.10.2. All parkland and Environmental Protection Areas conveyed to the Municipality shall be free of all encumbrances, except as identified in Section 21.2.2. In addition, all lands to be conveyed shall not be contaminated." w WIN_] pap pa =zMam ........................................... ............ ... ... . ... ...... ... I QY 'T . ........... ...... .. �400 ......... ... .......... ...... . . . . . .... ..... .... IN: r)l r) PI nnp qTPFFT LANDOWNERS REPRESENTED DEFERRAL LOCAVOCH HAP 96-006 BY MR. EDWARDS AREA DEFERRAL AREA H@. ,M HE I I RH L2, I(I 1� REALTY INC. August 29th, 1996 Kathryn Bozowski Submission 37 ATTACHMENT #3 DURIiAivl C"lcculi6� REALTY INC REALTOR MEMBER OFFICE: 905432 -2000 600 KING ST. E. T.O: ` 905- 619-9638 OSHAWA, ONTARIO L1H 1G6 FAX: 905-432-3171 I would like to address a concern I have regarding the South Courtice development proposal. I have been tracking this development request for a number of years and was on the mailing list to be informed..(see submission 1 dated April 30, 1996). I was subsequently taken off the mailing list and so I am a little late with this submission. In tracking and following the changes I see the proposed boundary change from 1989/90 regional plan (see Sub 2) change to the proposed draft official plan,of Clarington (May 94) (see Sub 3) in the submission dated July 26, 1996 (see Sub 4) which has deleted the local central area at Prestonvale & Bloor North -East comer and extending the Courtice boundary south to the proposed Base Line Rd. Also included in this latest submission is a request to change the location of the proposed park on the South East corner of Bloor and Prestonvale to a location to the South which is to be acquired and a residential designation of Bay-view Neighbourhood requested for a parcel on the South -East corner of Prestonvale & Bloor (see sub 5) I request a change in the Courtice 20 year boundary to include a natural dividing line along the creek EP zone at the lot line between Lots 32 & 33 which would then join the proposed extension in a line North of Bloor to Glenabey St. Keeping in mind the proposed "GO" extension slated for East Oshawa and the new interchange for the 401, Prestonvale Rd. Should be maintained as an arterial Rd rather than winding down as proposed into the residential area and then back out. (see Sub 6). Respectfully, Mel Edwards THE "G�.�u / %Iy" YOU DESERVE? 685 INIF.n mrn vAmirr ml.Annasr:!)111mArjown orrICIAI PIAN M.1r- rromm.r APPI IcAilot4r,ATTACHMENT #3 ON: INIPAMR10 FILE # OWNER p('A 95 -007 /D 289i43 ONTARIO LTD. of A 95 -o0G/C ?18Te.95037 DEV 95 -019 LOCH -11ON: Pt. Lot 33, Conc. I, Former Twp. of Darlington INTERESTED PAn11ES: 289143 Ontario Limited Attention: Michael Freedman 74-1`1 Dufferin Street 1'l-1.011 TILL, Ontario W 21<2 Durham Quality Realty Inc. Attention: Mel Edwards ,601-1 King Strut East OSHAWA, Ontario Lill iGC SUB - 1 APPLICANT (AG (_NT) ATTACIIMENT NO. 1 (SAMF AS OWNEn) (TUNNEY PLANNING) Tunney Planning 340 Byron Street S., Suite 200 WI-iITBY, Ontario LIN 4P8 Aird R Berlis Attention: Steven Zakem BCE Place, Spite 1800, Box 754 191 E;r, Strut TORON 10, Ontario M5J 2'19 • t • •IAM COURT ICE URBM MEA '1•l ATTACHMENT #3' 9 PREPARED BY DURHAM REGION PLANNING DEPARTMENT JULY 3, 1989 16 A 7' QC RESIDENTIAL PLANS RESIDENTIAL LAND OF SUBDIVISION SERVICE AREA LIMIT O 39 4 34 QO 3 :�''t 18 31 3 OFFICIAL PLAN URBAN .� ... AREA BOUNDARY — — — MAJOR DRAINAGE AREA p 19 B 32 10 7 .. s ^y P L 17 "v �' • 5 2 ,• 'i 14 23 � 38 35 M � / PREPARED BY DURHAM REGION PLANNING DEPARTMENT JULY 3, 1989 VACANT URBAN RESIDENTIAL PLANS RESIDENTIAL LAND OF SUBDIVISION SERVICE AREA LIMIT O RESIDENTIAL FOR DEVELOPMENT DEVELOPMENT AREAS CHARGE PURPOSES _ _ _ — _ WATER PRESSURE ZONE OFFICIAL PLAN URBAN .� ... AREA BOUNDARY — — — MAJOR DRAINAGE AREA PREPARED BY DURHAM REGION PLANNING DEPARTMENT JULY 3, 1989 m Ir4v, 6-1r111, e ATTACHMENT #3 EXHIBIT "D" TO AMENDMENT No. 59 .0 THE OFFICIAL PLAN OF THE FORMER TOWN OF NEWCASTLE PUIRNIG AREA BOUNDARY FUTURE URBAN RESIDQITIAL / Low DDISITY RESIDENTIAL. MEDIUM DQISITY RESIDENTIAL INGII 1YE71STY RMOQITIAL i • 1G� KnIBOUR11000 PARK. -- P Put1E11E L(, PPRROTECTIO114 T/��NZEA KimSTORM WATER FACILITY ® PUBLIC SECONDARY Sgf00L ® PUBLIC EI.E3AQITARY SgI00l, ®MAI TE OF]ADITARY SCIIOOI ® COt6UIIENCE 001AMERoAL UT1ums 11 tiERITACE ILoum ARTERIAL ROADS, "PE A ARTETtIAL ROADS TYPE 0 -° --• ARTERIAL ROADS TYPE C "... COLLECTOR ROADS 4- LOCAL ROAD ACCESS 1" INYI RSEC110N U ROYENE IT �••�•••••••�+ PEDESTRIAN AND OICYCIE ROUTES EUYE ROAD u [EDD IDLE 1012 1 LMDD SOUTH -WEST COURTICE SECONDARY PLAN %Z ,1 I i i ATTACHMENT #3 EXHIBIT "B" OFFICIAL MODIFICATION TO THE MUNICIPALITY OF CIARINGTON �- Pte, MAP E1, NEIGHBOURHOOD PLANNING UNITS, COURTICE 0 (x z \'j %-\N., Uv1C 0��'rC�L�OUL3GJCo?Cv�D PILMMM UH U�g MG°3omn mEm OFFICIAL PLAII MUNICIPALITY OF CLARINW -014 MER TO SECT1017S 5 NIO 9 L4AE. aVTAR/O 90 -- URBAN DOWIDARY — ►tv murwoo eoutmAm 0 000) roruuTlON (1) SEE SECT1011 16.9 0 200 400 600 600 m 200 m �O O BASEWE ROAD a I� I I! i i { i r i i ATTACHMENT #3 EXHIBIT "B" OFFICIAL MODIFICATION TO THE MUNICIPALITY OF CIARINGTON �- Pte, MAP E1, NEIGHBOURHOOD PLANNING UNITS, COURTICE 0 (x z \'j %-\N., Uv1C 0��'rC�L�OUL3GJCo?Cv�D PILMMM UH U�g MG°3omn mEm OFFICIAL PLAII MUNICIPALITY OF CLARINW -014 MER TO SECT1017S 5 NIO 9 L4AE. aVTAR/O 90 -- URBAN DOWIDARY — ►tv murwoo eoutmAm 0 000) roruuTlON (1) SEE SECT1011 16.9 0 200 400 600 600 m 200 m �O O BASEWE ROAD a I� I 7-i O 0. IS' =if if i ATTACHMENT #3 r,t i t q, `1 l: % :W5 fA of o rk -j C zi cc O OW r f1 a 14� t-•,1 I tl 1; --1 i 1,, S2 m 0 e ~ o L J {•`;:} i'•L• .. 7p ':ti: } Ty' L}L} }rT� ?: TT + }j i ?tii :':ii. .:t:} Q 0 :•.. '... ?i ..................................... .,, #'sss`................ ; >'' � .,..... ...........:: :. . ;.:....... L'- 0 J 'j t {J7 ail .`•BARN;;`:;::.::: . a C 0 CE SI S 0 ROAD 3 LIMI OF AREA OF INF UENCE -MDSE' (AMBER L N S. SELBY NEWCASTLE VILLAGE 0 URBAN PREA BOUNDARYiI 0 3 FUTURE m COLLE TOR ROAD w I� HUGH ALLIN'S ® DEFERRAL LOCQ'DOm MAP HOG FARM AREA DIEFIEnn L AREA K@ y7 96 -007 Rvil-1101W.R91WIF1 PROPOSED MODIFICATIONS TO THE CLARINGTON OFFICIAL PLAN TO RESOLVE DEFERRAL • Modify Section 16.9.1 (formerly 16.10.1) by deleting the existing section and replacing it with the following: 16.9.1 Special Policy Area G represents an area potentially affected by a nearby hog farm operation in Lot 27, Concession 3, former Clarke Township. 16.9.2 The area of influence as defined by the Minimum Distance Separation Formula is designated Future Urban Residential Area. Until such time as the hog farm operation or similar agricultural use ceases, the area of influence shall remain designated Future Urban Residential Area. 16.9.3 Additional lands which may be affected by the hog farm operation are predominantly designated Urban Residential Area. School sites and a neighbourhood park are also identified. As a condition of development, the developer shall include a warning clause in all purchase and sale agreements indicating potential impacts from agricultural operations including noise and odour." REVISED MODIFICATION 147 Modify Map A4 as indicated on Appendix #1 to: i) Expand Special Policy Area G to include the lands bounded by Regional Road #17, Concession Road 3, Arthur Street and the northerly collector road as shown on Map A4; and ii) Designate the lands within the area of influence under the Minimum Distance Separation Formula as Future Urban Residential Area. Remove Medium Density residential symbol. APPENDIX No. 1 PROPOSED MODIFICATION TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP A4, LAND USE, NEWCASTLE VILLAGE URBAN AREA