HomeMy WebLinkAboutPSD-079-04
~
.
ClfJlillglOn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
Date:
Monday, June 21, 2004
Report #:
PSD-079-04
File#:
(l.e~~ ~ @,PA-311-t>~
OPA-O.2002-001 (Revised) By-law #:
Subject:
APPLICATION FOR OFFICIAL PLAN AMENDMENT WITHIN THE MUNICIPALITY OF
PORT HOPE
APPLICANT: TUCKER CREEK LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following;
1. THAT Report PSD-079-04 be received;
2. THAT the Municipality of Port Hope be advised that the Municipality of Clarington objects to
proposed Amendment NO.9 to the Ward 2 Official Plan (Attachment 2);
3. THAT the Municipality of Port Hope continue to keep the Municipality of Clarington appraised
with respect to this application and that all Council decisions with respect to this development be
forwarded to the Municipality of Clarington;
4. THAT if Amendment NO.9 is approved, that the Municipality of Clarington be included as a key
stakeholder in the preparation of the Terms of Reference for any studies and in the review of
those studies undertaken to fulfill the requirements of the proposed Official Plan Amendment;
and
5. THAT a copy of this report be forwarded to the Municipality of Port Hope and that all interested
parties listed in this report and any delegations be advised of Council's decision FORTHWITH.
Submitted by;
Reviewed by:
/') ~~_(.,. <_I, h
',/ t .. '--_ L\(j Lt
Franklin Wu,
Chief Administrative Officer
D . . Crome, MCIP, R.P.P.
Director of Planning Services
HB*CP*DJC*sh
June 16,2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
,
c
REPORT NO.: PSD-079.04
PAGE 2
1.0 APPLICATION DETAILS
1.1 The Municipality of Clarington was recently advised that the Municipality of Port Hope
would be considering Amendment No.9 to the Ward 2 Official Plan of the Corporation
of the Municipality of Port Hope at a June 21, 2004 meeting of Port Hope Planning and
Development Committee. This amendment proposes the approval of the creation of a
new community concentrated around a proposed championship quality golf course.
The subject lands are situated south of Highway 401, north of the railway tracks and
abut the eastern limit of the Municipality of Clarington. Specifically these lands consist
of 175.9 ha (434.6 acres) within Part of Lots 31 to 34 Concession 1 and Part of Lots 32
and 33 in Concession 2 (Attachment 1).
1.2 These lands have been subject to development applications previously, specifically:
. Amendment No. 3 to the Official Plan was approved in 1997 permitting 250
lifestylelretirement dwellings on lands situated north of Marydale Park Road and
south of Highway 401. This approval was conditional upon servicing, financial
agreements and other matters.
. Proposed Official Plan Amendment and Rezoning to permit development of 1679
residential units (condominium tenure), a hotel, golf course and limited commercial
area. This application was denied in December 2002, but included Resolution
(320/2002) that stated "if a new application is submitted for approximately 300 lots,
more in keeping with the Official Plan, it would be considered".
. A revised application was submitted proposing, in a condominium form of
development, 350 residential units, a hotel with a maximum of 100 rooms, a golf
course and limited commercial uses. In July 2003 a public meeting was held and
Port Hope Council approved the development in principle and instructed Municipal
staff to prepare an Official Plan Amendment to permit the proposal.
1.3 The Municipality of Clarington commented on the December 2002 and July 2003
proposals stating that the development is contrary to the principles of Smart Growth and
the Provincial Policy Statement. The impact of this development on the Municipality of
Clarington and Clarington's growth forecasts was identified. In addition, other impacts
including the reliance of this development on Clarington roads and emergency services
were identified.
2.0 THE AMENDMENT
2.1 Amendment No.9, if approved, designates the ,lands "Future Residential Area", "Future
Golf Course Area", "Future Central Area", "Environmental Area", "Conservation and
Recreation Area", providing approval in principle for a maximum of 350 dwelling units, a
100 unit/room hotel, limited commercial and retail uses, limited office uses and a golf
course. This amendment specifies that prior to development of the lands, preparation
and completion of studies (identified in Section 2.2. of this report) must be undertaken to
Council's satisfaction. When the studies have been completed, a second Official Plan
Amendment would be prepared to lift the "Future" designation, allowing development of
the lands. This two-step approval indicates the Municipality of Port Hope's conditional
support for the development.
REPORT NO.: PSD-079.04
PAGE 3
2.2 Amendment No. 9 specifies that the following studies and agreements shall be
completed to the satisfaction of the Municipality of Port Hope and other approval
authorities prior to the removal of the "Future" designation. These studies include:
. A Servicing Analysis and privately initiated Environmental Assessment to determine
an effective means of privately managing sanitary sewage, water and stormwater
services. This will include the preparation of a Responsibility Agreement or similar
mechanism that will ensure ongoing maintenance of these services is secured.
. A Master Servicing Plan to provide details of the means of providing and maintaining
the communal systems.
. A Transportation Study to verify that satisfactory service levels will be maintained and
to identify any improvements or additions that may be required to the transportation
network, including those roads within the Municipality of Clarington.
. An Environmental Study that will investigate potential impact on natural features and
functions and recommend methods for protection of these natural features and
natural functions.
. A Study of Facility Needs, including within Clarington to determine the demand on
public facilities, public services and emergency services that will be generated. This
will include an evaluation of the feasibility and cost of upgrading or expanding existing
facilities or services.
. A Financial Impact Study on the Municipality of Port Hope and the Municipality of
Clarington including estimates of annual operating and capital costs of facilities and
services identified in other studies.
. A Marketing Study to confirm the market for the development and to determine the
amount of commercial development required to serve the residential component of
this development.
Consultants responsible to the Municipality of Port Hope, at the expense of Tucker
Creek, will undertake these studies or the studies will be peer reviewed by consultants
acting on behalf of the Municipality, with 100% of the cost paid for by Tucker Creek.
2.3 Amendment No. 9 also proposes de-designation of the 250 unit lifestyle/retirement
community on Marydale Park Road that was approved in 1997 through Amendment No.
3.
3.0 STAFF COMMENTS
3.1 Proposed Amendment No. 9 would permit, in principle, 350 residential dwellings, a 100
room hotel or inn, a golf course, and a central area, on 175.9 ha of land. The central area
will consist of residential uses, approximately 150,000 sq. ft. of commercial/retail and
office uses. This proposal is creating a new settlement area larger in land area and
population than any of Clarington's hamlets. Previous staff reports (PSD-124-02, and
PSD-063-03) have elaborated on the fact that this development does not satisfy the
Provincial Policy Statement and generally accepted principles of good growth
management. In particular, the proposed Official Plan Amendment does not appear to
meet the Provincial Policy Statement in the following respects:
REPORT NO.: PSD-079-04
PAGE 4
. Cost-effective settlement patterns promoted through focusing growth in urban and
rural settlement areas.
. Development standards which are cost effective and which will minimize land
consumption.
. Urban and rural settlement areas will be expanded only where existing settlement
areas do not have a sufficient land supply to accommodate growth for a time horizon
of 20 years.
With regard to the latter point, the Municipality of Port Hope prepared a growth
management study in June 2002 which recommended that all future growth occur
adjacent to the current urban area of Port Hope. The study did not support the
establishment of a new settlement area like the Tucker Creek proposal.
3.2 Official Plan Amendment 9 provides for "approval-in-principle" by means of adding a
prefix "Future" in front of the land use designations. The Amendment then requires that
a series of studies and agreements be entered into to the satisfaction of the Municipality
of Port Hope. When Port Hope considers that the studies have been satisfactorily
completed and approved, and a satisfactory Responsibility Agreement has been signed,
a further Official Plan Amendment will then be processed.
This approach is unacceptable for the following reasons:
. Approval-in-principle through Official Plan Amendment 9 would establish the
principle of development prior to Clarington's issues being addressed. It would
inevitably force the Municipality to appeal Official Plan Amendment 9 since the
Municipality's issues have not been addressed. After the principle of development
has been established the Municipality would have no recourse to object.
. The studies are addressing the means of implementing the approved development.
The technical studies and agreements are defined by a terms of reference
established by the Municipality of Port Hope and are completed to the satisfaction of
the Municipality of Port Hope. There is no mechanism that would allow Clarington to
enforce its concems should the studies and agreements not be satisfactory to the
Municipality of Clarington, since the Plan does not provide for this.
. The Plan provides for the Municipality of Port Hope to determine what is an
acceptable financial or facility impact on the Municipality of Clarington.
. The existing zoning permits some form of development on the lands north of
Marydale Road which is not being repealed at this time.
3.3 This proposed development is located within close proximity to the Port Granby Waste
Management Facility. A long term plan for the safe management of the low level
radioactive wastes and contaminated soils is being developed. Additional investigation
will be required to ensure that this development, if approved, does not impact the
proposed solution or its implementation.
3.4 The Municipality should support the elimination of the 250 residential units located north
of Marydale Park Road that were approved by Amendment 3 in 1997. It is
recommended that the lands also be rezoned at this time to a zoning category that would
REPORT NO.: PSD-079-04
PAGE 5
reflect the Official Plan designation. Rezoning would eliminate any future question as
legal development rights should the zoning not be in conformity with the Official Plan.
4.0 CONCLUSION
4.1 Approval of this application would result in the creation of a new settlement area
supporting residential uses, commercial uses, office uses and recreational uses. Once
created, the precedent is set and exceptions for new uses or future expansions. The
location of the proposal abutting Clarington's eastern boundary will result in impacts to
Clarington's road infrastructure which may not be acceptable. As such it is
recommended that the Municipality of Port Hope deny this application.
4.2 It is requested that the Municipality of Port Hope continue to keep the Municipality of
Clarington informed with respect to this application and that any decisions made by the
Municipality of Port Hope Council on this application be forwarded to the Municipality of
Clarington.
Attachment 1 - Key Map
Attachment 2 - Proposed Amendment No.9 to the Ward 2 Official Plan of the Municipality of
Port Hope
Interested parties to be advised of Council's decision:
Clerk, Municipality of Port Hope
56 Queen Street
P.O. Box 117
Port Hope, ON L 1A 3V9
Joanne Wells-Oates
Tucker Creek Limited
156 King Street
Port Hope, Ontario
L 1A 2R5
Warren Sorensen
Sorensen Gravely Lowes
511 Davenport Road
Toronto, ON M4V 1 B8
Scott Burns
The Planning Partnership
1255 Bay Street
Suite 201
Toronto, Ontario
M5R 2A9
r-
III
;II;"
CD
o
::::I
&r
.,
o'
-----.--
...
..
~
..
::r
o
~
IV
;u
o
..
0.
eN o...i
. Ii
eN . .'
. .
. .
....
eN
IV
eN
......
:J: C1
US' -0
::r C
~ eN ::::J
'" 0 .:<
(') C1 ,. ;;0
'%. 0
. ,"0 ... 0
10,10 III
0..
IV
\0
-
(')
0 IV
l2 (Xl
...
...
IV
--.J
Municipality of Clarington
East Townline Road
eN
+>
-.---h:I
>
~
J:
~
m
z
-t
~
ATTACHMENT 2
Amendment No.9
to the Ward 2 Official Plan for the
Municipality of Port Hope
PART A: BACKGROUND INFORMATION
1. THE PURPOSE OF AMENDMENT NO.9
The purpose of Amendment No.9 to the Ward 2 Official Plan for the Corporation of
the Municipality of Port Hope is to:
I. establish detailed land use policies for a portion of Ward 2 delineated on Appendix
"A" as "Tucker Creek Lands" that will conditionally approve a future lifestyle
development consisting of a maximum of 350 dwelling units, a maximum 100-
room hotel (or inn) and limited service commercial and site-related retail uses in a
setting anchored by a golf course. Additional lands shall remain as private open
space or natural environmental areas.
2. set out the necessary process and work that must be undertaken prior to enabling the
future lifestyle development as described to proceed.
3. de-designate and thereby remove the conditional approval of Amendment No.3 for
the development of 250 "lifestyle/retirement" dwellings in a leasehold form of
ownership for lands generally located north of Marydale Park Road as delineated on
Appendix "A".
2. LANDS AFFECTED BY AMENDMENT NO.9
Amendment No.9 applies only to 175.9 ha. (434.6 acres) located in the southwesterly
portion of Ward 2 and shown on Schedule "A" as the 'Tucker Creek Lands'. The lands
comprise most, but not all of, the properties bounded by Highway 401, East Townline
Road, the CN/CP rail corridor and the Cameco lands. They are more specifically
described as Part of Lots 3 I through 34 in Concession I, and parts of Lots 32 and 33 in
Concession 2, as outlined on Appendix "A" to this Amendment.
3. BASIS OF AMENDMENT NO.9
An application has been submitted to amend the Official Plan in effect for Ward 2 of
the Municipality of Port Hope to enable the development of the "Tucker Creek lands"
for a lifestyle community consisting of a golf course, 350 grade related units, a hotel or
inn limited to a maximum of 100 guest rooms, as well as limited retail and service
commercial uses to serve the residents and golf course development. The conditional
approval for 250 leasehold units on the Amendment No.3 lands (now forming part of
the Tucker Creek lands) would concurrently be removed.
The Tucker Creek lands were originally purchased from Ontario Hydro for a trailer
park and campground. The site has rolling topography, environmental features and an
excellent view of Lake Ontario.
May 28, 2004
Tucker Creek
Page I of 13
In August 1997, Council of the former Township of Hope passed Official Plan
Amendment 3 (OPA 3) applying to lands north of Marydale Park Road and west of
Wallace Wood Road. That amendment conditionally permitted 250 "lifestyle/
retirement" dwellings in a leasehold form of ownership subject to provisions for
private water and sewer services, financial agreements and other matters.
The owners subsequently found that this form of development was financially
unfeasible and retained a team of consultants to prepare a new concept which involved
condominium development of 1679 residential units, a hotel and a limited commercial
area, all focused around a golf course. Significant portions of the site would remain in
a natural state.
In December 2003, the Council of the Municipality of Port Hope denied the
application to amend the Official Plan but included in Resolution 320/2003 the
statement that "if a new application is submitted for approximately 300 lots, more in
keeping with the Official Plan, it would be considered'.
A Public Meeting was held in July 2003 to consider a revised application for a reduced
development. The revised application was based on a condominium form of
development for a maximum of 350 units, a hotel of no more than 100 rooms, limited
commercial uses, all of which focused on a golf course. Substantial areas, including
environmental features and land north of Marydale Park Road, would remain
undeveloped and in a natural condition, except for necessary infrastructure,. On July
15,2003, Council passed Resolution 188/2003, which stated;
"that Council accept the recommendation from the Public Meeting July 10, 2003
and approve the development proposal by Tucker Creek in principle and
instruct Municipal staff to finalize the drafting of an Official Plan Amendment
to the former Hope Township (Ward 2) Official Plan for those lands in
Concession 1 and 2 Part Lots 31, 32, 33 and 34, to permit a maximum of 350
dwelling units; a 100 unit hotel and a golf course".
During the review of the Official Plan Amendment application, issues including water
and waste water servicing, stormwater management and road connectivity were raised.
Consequently, this Official Plan Amendment requires a series of studies to be
undertaken and issues resolved to the satisfaction of the Municipality and other
approval organizations prior to development being initiated through a further Official
Plan Amendment, subdivision, site plan, plan of condominium and re-zoning. A
privately-initiated Environmental Assessment (EA) is required to determine the means
of providing privately owned and operated communal water and sewer services
sufficient to develop the Tucker Creek lands as described in this Amendment. Based
on the outcome of the required studies, Environmental Assessment, and satisfactory
completion of Responsibility Agreement(s), a further Official Plan Amendment will be
required to confirm and refine the general land use concept. It is anticipated that
satisfactory studies and a private EA will be able to demonstrate the feasibility and
independent sustainability of the conceptual development described by this Official
Plan Amendment. A further implementing Official Plan Amendment shall not be
processed until all the required studies, private EA and Responsibility Agreement(s)
have been completed and approved to the satisfaction of the Municipality and
necessary approval authorities.
May 28, 2004
Tucker Creek
Page 2 of 13
PART B: THE AMENDMENT
The Ward 2 Official Plan for the Municipality of Port Hope is hereby amended as
follows:
1. That Schedule "A" - Land Use Plan of the Ward 2 Official Plan is hereby amended as
shown on Schedule "A" - Land Use Plan as attached hereto.
2. That Section 3.16 Special Residential of the Ward 2 Official Plan is hereby modified
by deleting the Section in its entirety and replacing it with a new section as follows;
3.16
3.16.1
Tucker Creek
Planning Objectives
It is intended that Tucker Creek will be constructed, in the future, as a
comprehensively planned and privately-serviced and maintained development
that will provide a distinctive living environment focused on a championship-
quality golf course within preserved and enhanced open space and
environmental areas.
The development of this community is intended to address a number of
planning objectives, including:
I. meeting a demand for housing types in condominium ownership designed
around a championship-quality golf course;
2. providing a choice of semi-rural environment in harmony with the natural
setting to complement Port Hope's urban and hamlet residential areas;
3. providing a championship-quality golf course and related hospitality
facilities to serve future residents and visitors, thereby contributing to the
economy of the area;
4. preserving and enhancing significant environmental resources, as
identified by environmental studies, and providing for the conservation of
natural open space resources;
5. complementing the built form character of the Port Hope area through
sensitive community and architectural design;
6. using and improving the existing road system, including potential new
connections and/or road closures, such that all planned traffic, including
municipal and emergency service vehicles, can be accommodated at
acceptable levels of service in a safe and efficient manner;
7. providing privately-owned communal servicing;
8. providing support for existing community services;
9. avoiding lands with prime agricultural capability; and
10. providing a positive fiscal impact to the municipality.
May 28, 2004
Tucker Creek
Page 3 of 13
3.16.2
Land Use Designations
The following land use designations shall apply only to lands in Tucker Creek
as shown on Schedule "A".
The intent of the land use designations is to control development of these
lands and guide their future development in accordance with the purposes and
conditions set out for each type of land use.
Those land uses with a "Future" designation shall not develop until a
subsequent Official Plan Amendment is approved by the Municipality to
remove the designation "Future". Policies that are related to permitted land
uses prior to this subsequent Amendment shall also be deleted if no longer
applicable. The purpose of designating these lands at this time is to indicate
the Municipality's conditional support for development as described in this
Amendment. Except as currently permitted in the Zoning By-law, no specific
development shall occur on these lands until the following:
. Council's approval of all of the required studies, as outlined,
· approval of a privately-initiated EA, that will demonstrate to Council's
satisfaction the means of private provision and maintenance of communal
water, sewer, and stormwater services for these lands,
· negotiation of a Responsibility Agreement to Council's satisfaction that
shall ensure the mechanisms for constructing and maintaining such
services, by the private sector, and
· approval of a subsequent, more detailed, Official Plan Amendment.
Where development is described in this Amendment as Residential Area,
Central Area or Golf Course Area, without the designation "Future", such
policy description is for the purpose of describing the development
concept that is being approved only "in principle" by this Amendment.
These categories are therefore not represented on any Land Use Schedule.
3.16.2.1 Environmental Area
May 28, 2004
Tucker Creek
I. The Environmental Area designation represents lands that are
environmentally significant due to their features or function. It also
includes areas that are subject to natural hazards, such a flooding.
2. Passive recreation uses which are compatible with the environmental
feature or function, including walking or cycling trails, shall be permitted.
3. The hazard areas and environmentally significant features may be refined
based on the additional studies and further Amendment to the Official
Plan. Such refinement may include, based on further environmental study,
enlargements or contractions of the environmental area adjacent to the
golf course.
4. The landowners and approval authorities shall enter into a management
agreement concerning Environmental Area lands as part of any
development approval.
Page 4 of 13
3.16.2.2
Future Residential Area
I. The maximum number of dwelling units to be developed in the aggregate
area to be designated Residential Area and Central Area, after a
subsequent Official Plan Amendment to remove the "Future" designation,
shall not exceed 350 units.
2. No residential development shall occur on lands designated Future
Residential Area until such time as the Official Plan is further amended to
remove the designation "Future" as well as amend any related policies
that govern land use prior to the removal of the designation of "Future".
Until that time only agriculture, conservation, passive recreation uses and
uses permitted by the Zoning By-law in effect at the time of adoption of
this Official Plan Amendment shall be permitted.
3. After this Plan has been amended in the future to remove the designation
"Future", the following additional types of land uses may be permitted in
a Residential Area:
a) single detached dwelling houses;
b) semi-detached dwelling houses;
c) cluster attached housing;
d) home occupations;
e) open space
4. The standards for housing types shall be defined in any Zoning By-law that
implements the subsequent Official Plan Amendment.
5. The future development of the Residential Areas, once a subsequent
Amendment has been approved, shall be by means of condominium
tenure. The ownership and the responsibility for the maintenance of
internal roads, site servicing systems, common open space areas and/or
buildings, as well as such management services as garbage collection and
landscaping shall rest with the condominium corporation(s).
3.16.2.3 Future Golf Course Area
I. In future, the Golf Course Area shall develop with a championship quality
golf course and related facilities, such as but not limited to practice areas,
pro-shop, restaurant and driving range, for local residents and those from
beyond the Municipality of Port Hope.
2. No development shall occur on lands designated Future Golf Course Area
until such time as the Official Plan is further amended to remove the
designation "Future" as well as amend any related policies that govern land
use prior to the removal ofthe designation of "Future". Until that time only
agriculture, conservation, passive recreation uses and uses permitted by the
Zoning By-law in effect at the time of adoption of this Official Plan
Amendment shall be permitted in the Future Golf Course Area.
May 28, 2004
Tucker Creek
Page 5 of 13
3. After this Plan has been amended to remove the designation "Future", the
following additional types of land uses may be permitted in the Golf
Course Area:
a) a golf course and associated club house, restaurant, pro-shop,
driving range, and practice facilities; and
b) a hotel/inn not to exceed 100 guest rooms, and related hospitality
features.
3.16.2.4. Future Central Area
I. In the future, the Central Area designation is intended to be a focal point
characterized by woodlot features and views of Lake Ontario. It will be
adjacent to the golf course clubhouse and associated facilities.
2. No development shall occur on lands that are designated Future Central
Area until such time as the Official Plan is further amended to remove the
designation "Future" as well as amend any related policies that govern land
use before the designation "Future" is removed. Until that time only
agriculture, conservation, passive recreation uses and uses permitted by the
Zoning By-law in effect at the time of adoption of this Official Plan
Amendment shall be permitted in the Future Central Area designation.
3. After this Plan has been amended to remove the designation "Future", the
following additional types of land uses may be permitted in the Central
Area:
a) uses permitted in the Residential Area provided that the number of 350
dwelling units within the aggregate area designated Residential Area
and Central Area is not exceeded;
b) limited retail commercial uses, including those directly associated with
the golf course, service commercial uses, recreational uses and
professional offices, each of which is intended to serve residents of
Tucker Creek and/or visitors to the golf course.
4. For all lands within the Central Area designation, in future, the maximum
gross floor area occupied by all commercial and other permitted non-
residential uses, not including those directly associated with the golf
course, shall not exceed 1,500 square metres, and no single commercial
operation shall exceed 500 square metres.
5. In future, the Central Area uses may be zoned in separate classifications
and all land uses in the Central Area shall be subject to Site Plan
Approval in accordance with Section 41 of the Planning Act RSO. 1990 c.
P.I3.
6. The future development of the Central Area shall be by means of
condominium tenure. The ownership and the responsibility for the
maintenance of internal roads, site servicing systems, common parking
areas or other structures, as well as such management services as garbage
May 28, 2004
Tucker Creek
Page 6 of 13
collection and landscaping shall rest with the condominium
corporation( s).
3.16.2.5. Conservation and Recreation Area
1. The Conservation and Recreation Area designation represents lands that,
while not environmentally significant due to their features or function, are
intended to provide a suitable range of recreational open space
opportunities that are consistent with conserving the attributes of the rural
landscape setting.
2. The predominant use of lands designated as Conservation and Recreation
Area shall be for recreation and leisure in accordance with Section 3.10 of
this Plan. Permitted uses shall include: areas for hiking, picnicking, cross-
country skiing, angling, bathing, canoeing, private parks exclusive of
campgrounds; or other similar outdoor recreational activities where such
uses are compatible with their surroundings and in conformity with the
general intent of this Plan. Agricultural uses, excluding livestock
operations, may also be permitted.
3. Only those buildings and structures incidental to the principal permitted
outdoor recreational uses defined in this Plan shall be allowed in areas
designated as Conservation and Recreation Area.
4. Whether recreation projects are designed for private or public use,
adequate automobile parking areas shall be established and access points
to such recreational areas and associated parking areas shall be designed in
such a manner that the road pattern provides for the safe movement of
vehicular and pedestrian traffic.
5. Regard shall be had for the compatibility of recreational uses with
adjacent residential, agricultural or environmental land uses. Such
recreational uses shall be designed to provide adequate spatial separation,
buffer planting and landscaping, and/or fencing to ensure that no adverse
effects associated with such uses are created.
6. Where any lands designated as Conservation and Recreation Area are held
under private ownership, it is not intended that such lands are necessarily
free and open to the public or that there is unrestricted access to the area.
3.16.2.6. Uses Permitted in All Areas
I. The following uses shall be permitted in all areas but shall be minimized in
Environmental Areas where any such use would have an adverse effect on
the environmental feature or function;
c)
d)
May 28, 2004
Tucker Creek
a) water supply, sewage, and storm drainage infrastructure;
b) gas, telephone, hydro and cable transmission facilities
towers) and other utilities;
roads, bicycle trails, and walkways; and
parks.
(excluding0
Page 7 of 13
3.16.3.
3.16.4
3.16.5
Phasing
1. The golf course is the major feature and defining element of the
development planned in Tucker Creek. It shall be constructed in the first
phase of development, after a subsequent amendment to the Official Plan
has been approved to remove the Future designation from the future Golf
Course Area.
2. With the exception of any use permitted in the Zoning By-law at the
time of adoption of this Amendment, no building permit shall be issued
for any of the Tucker Creek lands until a private EA and all Studies
described in s. 3.16.5. have been completed to the satisfaction of the
Municipality and relevant approval authorities. Following such
completion and approval, a subsequent Amendment may be adopted to
remove the designation of "Future" and any related policies that govern
land use during the time that the "Future" designation is in place.
3. After a subsequent amendment to remove the "Future" designation, no
building permit shall be issued for residential or commercial development,
except model homes, until such time as the construction of the golf course,
(excluding the clubhouse and related facilities) is substantially complete.
Transportation and Servicing
Following the completion of the Studies described in the following
Section 3.16.5, policies will be added to the Official Plan to implement the
future development of Tucker Creek in accordance with the findings and
conditions of the private EA., the approved Master Servicing Plan, the
Transportation Study, and other relevant studies.
Prerequisite Studies and Agreements
Prior to the approval of an Official Plan Amendment to remove the
designation "Future" and related policies of the Future Residential Area,
Future Golf Course Area and Future Central Area, studies satisfactory to the
Municipality of Port Hope and other approval authorities are required to be
undertaken by the development proponent, and approved. These Studies, and
Agreements include;
I. A Servicing Analysis and privately-initiated Environmental Assessment
process in accordance with Section A.2.9 of the Municipal Class
Environmental Assessment shall be required to determine a satisfactory
means of providing privately-owned and managed water, sanitary sewage
services, and storm water control to Tucker Creek. In addition, an
approved means of ensuring ongoing maintenance of such services shall
be secured through a Responsibility Agreement or other mechanism
satisfactory to the Municipality, the Ministry of the Environment, and the
Ganaraska Conservation Authority.
May 28, 2004
Tucker Creek
Page 8 of 13
2. A Master Servicing Plan shall be required that will provide details of the
means of providing water, sanitary sewage and storm water control within
the development by means of privately operated and maintained
communal systems that will service the entire development, or such
smaller portions of the development as may be approved by Council and
that can be effectively maintained by condominium corporations.
3. A Transportation Study shall be required to establish that the proposed
development of private roads can function within the existing road fabric
in this area, providing satisfactory service levels to the future development
of Tucker Creek as proposed. In addition, such Study shall demonstrate
that service levels to existing residents and the ability to provide road
service to future development as approved in the Official Plan will not be
diminished by the development of the Tucker Creek road pattern, as
proposed. The Transportation Study shall include all affected roads,
whether they are under the jurisdiction of the Municipality of Port Hope,
County of Northumberland, Municipality of Clarington or the Regional
Municipality of Durham, and shall identify any improvements or additions
that would be required to provide satisfactory urban vehicle service levels
including emergency response times to TuckerTreek. The Transportation
Study shall also address implications to the Municipality of any proposed
municipal road or right-of-way closures. The potential implications
include the impacts to area residents, businesses or municipal service
providers using such roads or rights-of-way as well as the implications to
future development that may require such roads, including Industrial
development, as approved in the Official Plan.
4. An Environmental Study of natural features and ecological functions
within Tucker Creek and in areas likely to be impacted by proposed
development and servicing of Tucker Creek shall be undertaken. Such
study shall evaluate the significance of such environmental features as
Areas of Natural and Scientific Interest, stream valleys, woodlots, and
other features or functions that may be identified by the Ganaraska Region
Conservation Authority, the Ministry of Natural Resources (or other
relevant agency). The Environmental Study shall recommend methods of
protecting and enhancing significant ecological features, habitat or
functions.
5. A Study of the Facility Needs within the Municipality or within
Clarington shall be undertaken to determine the demand on public
facilities, public services and emergency services that will be created by
the proposed development of Tucker Creek. The Study will evaluate the
ability of existing facilities or services to meet such demand, and the
feasibility and cost of upgrading or expanding these facilities or services
to meet the demands ofthe Tucker Creek development.
6. A Study of the Financial Impacts (both positive and negative) on the
Municipality of Port Hope (particularly Ward 2) and the Municipality of
Clarington shall be required. It will include estimates of annual operating
May 28, 2004
Tucker Creek
Page 9 of 13
3.16.6
May 28. 2004
Tucker Creek
and capital costs of such facilities and services (including maintenance), if
any, that have been identified by studies listed in the above subsections. A
review of the impact of the proposed development on the Municipality's
Development Charges By-law and policies shall also be provided.
7. A Marketing Study shall be required to confirm the market for the
development as proposed in Tucker Creek. Such study shall also
determine the number of dwelling units of various types, and the amount
of commercial development to serve those units, which could be supported
on an annual basis during the predicted build out of the Tucker Creek
development.
All Studies shall be undertaken by appropriately qualified professional
consultants in accordance with Terms of Reference approved by the
Municipality in consultation with relevant approval authorities. The Studies
shall be undertaken by consultants responsible to the Municipality at the
expense of Tucker Creek, or shall be peer reviewed by consultants for the
Municipality at the expense of Tucker Creek.
When these Studies have been satisfactorily completed and approved, and a
satisfactory Responsibility Agreements has been signed, a further Official
Plan Amendment may be adopted to enable Tucker Creek to develop as
contemplated by this Amendment and in accordance with the planning
objectives and policies of this Amendment. The Municipality intends to rely
on the approved Studies to prepare more detailed Official Plan policies for the
subsequent Amendment as planned, as well as in the consideration of
applications for rezoning and plans of subdivision and condominium in
Tucker Creek.
Implementation
This Amendment No.9 to the Ward 2 Official Plan for the Municipality of
Port Hope shall be implemented by;
I. The satisfactory completion and approval of Studies, as outlined, and the
approval of a further Official Plan Amendment to remove the designation
"Future" and any related policies that guide development until the
designation of "Future" is removed. This further Amendment shall include
refinements to Schedule "A" and the addition of a more detailed policy
framework to guide development based on the results of the required
Studies. Such an Amendment may only be adopted by the Municipality
when the specified Studies (including an EA and related Responsibility
Agreement with respect to privately operated and maintained servicing
systems) have been completed and approved to the satisfaction of
appropriate authorities.
2. And, subsequent to the above, by ;
a) the entering into of such agreements and financial arrangements, as are
advisable and necessary to protect the Municipality.
Page 10 of 13
b) an amendment to Hope Township Zoning By-law 3350 as amended,
being a by-law passed pursuant to Section 34 of the Planning Act,
R.S.O. 1990, c.P. 13;
c) a Plan of Subdivision and Condominium Plan pursuant to Section 51 of
the Planning Act, R.S.O. 1990, c.P.I3; and
d) site plan control for commercial uses pursuant to Section 41 of the
Planning Act, R.S.O. 1990, c.P. I 3.
3.16.7
Interpretation
The provisions of the Ward 2 Official Plan of the Municipality of Port Hope,
as amended from time to time, shall apply in regard to Amendment No. 9
where there is no conflict with this Amendment. In the case of conflict, this
Amendment shall apply.
May 28, 2004
Tucker Creek
Page II of 13
Schedule "A"
to
Amendment No.9
,~--
Highway 401
I
T
...
..........
. .
. .
. .
. .
. .
.---......
II
"
..
o
l:t:
"
~
I
B
II
-
..
..
w
C.P .R._____--
C.N.R.
May 28, 2004
Tucker Creek
Page 12 of 13
LEGEND
Tucker Creek Lands
Future Golf Course Area
Environmental Area
Future Central Area
Future Residential Area
Recreation Area and Conservation Area
Spine Road System
May 28, 2004
~~
~~
" tv
., 00
n"
., tv
g 0
:>;"~
."
0>
IJO
"
-
w
o
-,
-
w
r-
II)
~
CD
o
::l
-
II)
,
c)"
o
I~--J
...
..
:-
"'
'::r
o
iil
::0
o
..
"
Municipality of Clarington
East Townline Road