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."
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LANDOWNERS REPRESENTED DEFERRAL LOCAVOCH HAP
96-006 BY MR. EDWARDS AREA DEFERRAL AREA H@. ,M
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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
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FILE # OWNER
p('A 95 -007 /D 289i43 ONTARIO LTD.
of A 95 -o0G/C
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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
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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
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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