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REPORT
PLANNING SERVICES DEPARTMENT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, January 21,2002 'J)J2foF Resolution #:(;PA-o//-Od-
Report #: PSD-003-02 File: COPA 2001-003 By-law #:
Subject: CLARINGTON OFFICIAL PLAN AMENDMENT
APPLICANT: GM SERNAS AND ASSOCIATES ON BEHALF OF ANGLO
YORK INDUSTRIES
PART LOT 10, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-003-02 be received; and
2. THAT the application to amend the Clarington Official Plan, as submitted on
behalf of Anglo York Industries, be referred back to staff for further processing
and the preparation of a subsequent report; and
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by:
D i J. rome, M.C.I.P.,R.P.P.
Direc ,Planning Services
Reviewed tJ()I'MU7 ~ -{~'t.1.
Franklin Wu
Chief Administrative Officer
IL*BN*DJC*SH
January 15, 2002
601
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REPORT NO.: PSD-003-02
Page 2
1.0 APPLICATION DETAILS
1.1 Applicant:
Anglo York Industries
1.2 Agent:
G. M. Sernas and Associates
1.3 Official Plan Amendment:
To remove the Community Park designation from the
northeast corner of Liberty Street and Concession Road 3
and replace it with an Urban Residential designation with a
Medium Density symbol. The application also proposes to
expand the Northglen Neighbourhood Planning Unit across
Liberty Street to include these lands in the urban
development limit to the year 2016, to increase the
population target for the Northglen Neighbourhood from
3750 persons to 4200 persons, to amend Table 9-2 to
allocate 1075 low density units and 195 medium density
units for the Northglen Neighbourhood, and to change all
corresponding totals.
1.4 Site Area:
9.605 hectares (23.7 ac).
2.0 LOCATION
2.1 The area subject to the application is located at the northeast corner of Liberty
Street and Concession Road 3.
3.0 BACKGROUND
3.1 The application was submitted on October 29, 2001, and was reviewed for its
completeness prior to circulation, and for its appropriateness for consideration by
Council prior to a comprehensive review of the Official Plan. The application form
indicated that the applicant did not participate in any preconsultation with any
department or agency that would have an interest in the proposal. A planning
report and a conceptual servicing report were submitted with the application.
Reference was made in the planning report to a 1993 Environmental Impact Study
(EIS) that included the area subject to application. A copy of the EIS was not
fJ12
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REPORT NO,: PSD-003-02
Page 3
provided when the application was filed. Staff informed the applicant on
November 14th that the application was not deemed complete as there did not
appear to be sufficient information provided and that the circulation would be
withheld. Circulation did not commence until December 13th when the applicant
objected to the withholding of the circulation and provided copies of the EIS for
review.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The entire property owned by Anglo York Industries covers a total of 37 hectares
(92 ac) and has frontage on both Concession Road 3 and Liberty Street
(Attachment 2). A tributary of Soper Creek runs diagonally through the southern
portion of the property. The area south of this tributary is subject to this application.
There are trees running along the length of the tributary and in the north section of
the area proposed for urban residential use. There is also a row of trees along the
Concession Road 3 frontage. The balance of the property is farmland. There is
one residential lot on the east side of Liberty Street which is surrounded by this
application.
4.2 The entrance to Rebecca Court is across the street from the northern tip of the site.
On the west side of Liberty Street are large estate residential lots, one of which has
frontage onto Rebecca Court. The west side of Liberty Street also contains a
property which is farmed. To the east of the site is farmland and an extension of
the Soper Creek tributary. The Melody Homes subdivision is immediately to the
south.
Surrounding uses
North - Agricultural and large lot residential
South - Urban residential
East - Agricultural and Soper Creek tributary
West - Agricultural and large lot residential
6113
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REPORT NO.: PSD-003-02
Page 4
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Regional Official Plan
5.1.1 The lands are designated Living Area within the Durham Region Official Plan.
Such lands are predominantly for housing purposes. Public and recreational uses
are also permitted in the Living Area designation.
5.1.2 The Durham Regional Official Plan designated a 30 year supply of urban lands
based on then current (1991) population forecasts for 970,000 persons at 2021.
The Regional Plan provided for local Official Plans to designate a 15-20 year
supply of urban lands. (This policy was subsequently amended).
Section 5.3.14 indicates any amendment to designate a supply of land for
development must be "undertaken as part of a comprehensive five year review of
the area municipal Official Plan." It must also include an analysis demonstrating
the need for additional residential land and conform with the Region's 20 year
servicing plan. The proposed plan amendment to redesignate additional lands
for residential development is not part of a comprehensive review of the
Clarington Official Plan and therefore does not conform to the Durham Region
Official Plan.
5.2 Clarington Official Plan
5.2.1 The lands are designated for a Community Park in the Clarington Official Plan.
The area adjacent to the Soper Creek tributary is designated Environmental
Protection. Community Parks are intended to serve the recreational needs of a
series of neighbourhoods, providing outdoor and/or indoor recreational facilities.
These parks are to be between 4 to 12 hectares in size, are to be connected to a
trail system, and are to be provided at a standard of 0.6 hectares per 1000
persons of population. The Bowmanville urban area has four designated
Community Park sites.
604
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REPORT NO.: PSD-003-02
Page 5
5.2.2 The Clarington Official Plan has designated lands for urban development to the
year 2016. Lands not required for residential purposes within the time frame of
the Plan have been identified as Future Urban Residential. The subject lands are
outside the area identified by the Official Plan as being required for residential
development by 2016. Section 5.3.5 of the Plan states that the redesignation of
lands from Future Urban Residential to Urban Residential Area can only be
considered in the context of a comprehensive review and update of the Official
Plan undertaken by the Municipality. While the subject lands are designated
Community Park, redesignation of the subject lands to Urban Residential would
not conform to the intent of the Official Plan.
5.2.3 Section 23.2.5 of the Clarington Official Plan states that privately initiated
amendments, which are submitted prior to the review of the Plan, are generally
discouraged. However, Council may consider a request for such an amendment,
but it must include sufficient information and justification to enable the
amendment to be evaluated.
5.2.4 Map C1 of the Clarington Official Plan identifies the Natural Features and Land
Characteristics for South Darlington. The Soper Creek tributary running through
the site is identified as a Cold Water Stream and its floodplain identified as Hazard
Lands. The property is also entirely within the Lake Iroquois Beach. The
presence of these natural features require that an Environmental Impact Study
(EIS) be undertaken.
In August of 1993 Gartner Lee prepared a North Bowmanville Area Environmental
Impact Study for the Region of Durham in support of previous applications for
Official Plan Amendment, Plans of Subdivision, and Zoning Amendments, as filed
by Anglo York Industries and Credit Point Developments. The EIS covered 122
hectares which included the entire 37 hectare property owned by Anglo York
Industries, and lands owned by Credit Point Developments in Lots 8 and 9,
Concession 3, immediately to the east. All applications were dealt with through
6ns
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REPORT NO.: PSD.003-02
Page 6
the review and approval of the 1996 Clarington Official Plan. The applicant has
requested that the 1993 EIS be utilized in the review of this application to amend
the Official Plan.
5.2.5 Map E2 of the Official Plan identifies the Neighbourhood Planning Units for
Bowmanville by name, boundary and population target. The subject land is not
identified as part of a Neighbourhood Plan. Nor is it assigned any population
ta rg ets.
The Northglen Neighbourhood is on the north side of Concession Road 3, west of
Liberty Street and east of Highway 57. It has been allocated a population target
of 3750 persons. This application for amendment proposes to extend the
boundary of the Northglen Neighbourhood to include the area subject to
application, and to increase the population target to 4200 persons.
6,0 ZONING BY-LAW CONFORMITY
6.1 The site is predominantly zoned "Agricultural Exception (A-1)" by the
Comprehensive Zoning By-law 84-63, as amended.. The Soper Creek tributary
and its floodplain are zoned "Environmental Protection (EP)". The A-1 zoning
permits one single detached dwelling unit. The EP zoning does not permit the
construction of any buildings or structures and all structures are to be set back a
minimum of 3 metres from the boundary of the EP zone. An application to amend
the Zoning By-law would be required prior to any residential development should
Council approve the amendment to the Official Plan.
7.0 PUBLIC NOTICE AND SUBMISSION
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
site. Public Meeting signs were installed on both the Liberty Street and Concession
Road 3 frontages.
6'l6
REPORT NO.: PSO-003-02
Page 7
As of the writing of this report, four inquires have been received. One was from a
resident of Liberty Street, north of the site. He is concerned that the approval for
residential development would not obliterate the need for a community park in north
Bowmanville. Hence, another site would have to be found. The second was from
the owner of the residential lot on the east side of Liberty Street at the northern tip
of the site. This resident requested clarification of the proposal.
The third inquiry was from a resident of Rebecca Court who submitted a written
objection (Attachment 4). Mrs. Barnes stated, "a lot of time and consideration went
into the decision to locate the Community Park at this location". She is in support
of maintaining a park for the residents of north Bowmanville and did not support
changing the designation of the lands to urban residential use with a medium
density component.
The fourth inquiry was from a resident of Sydel Court, who also submitted a
written objection (Attachment 5). Mr. Adams objects to the removal of the park.
He has stated that there is sufficient residential lands allocated for Bowmanville.
Parks "are what contributes most to making a community a home to its
residents." As a long term resident of north Bowmanville, Mr. Adams feels that a
park that is accessible "by bike or on foot" is required in the neighbourhood.
8.0 AGENCY COMMENTS
8.1 Comments are outstanding from the Region of Durham Planning Department, the
Region of Durham Works Department, and Central Lake Ontario Conservation.
8.2 The Region of Durham Health Department and the Clarington Emergency and Fire
Services Department had no objection to the application as filed. The
Peterborough Victoria Northumberland and Clarington Catholic District School
Board and the Kawartha Pine Ridge District School Board had no objection but
requested that adequate provisions be made for sidewalks.
607
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REPORT NO,: PSO-003-02
Page 8
8.3 The Clarington Community Services Department objects to the removal of the park
designation noting that a Community Park is required in order to service the north
Bowmanville urban area. The Clarington Engineering Department also objects to
the removal of the designation. They have recommended that the Park be
maintained at its current site for the following reasons:
· It is of the appropriate size for a Community Park site
· It has excellent exposure and accessibility from Concession Road 3 and
Liberty Street
· It is bounded on the north side by the Soper Creek tributary, which would
allow a connection to any future trail network along the Creek
· Its topography and existing environmental features may allow for the
development of indoor and/or outdoor recreational facilities.
9.0 STAFF COMMENTS
9.1 This application for an Official Plan Amendment proposes to remove the
Community Park designation and replace it with Urban Residential with a Medium
Density symbol. It does not propose that the park be relocated to another site. A
Community Park designation is required in north Bowmanville in order to service
the needs of future Bowmanville residents. If the park designation is to be removed
it will be necessary to make provision for it to be sited in another nearby location.
9.2 The applicant has not submitted an application for Plan of Subdivision in
conjunction with the request for amendment. However, the application did include
a concept plan indicating how the lands could potentially develop (Attachment 3).
The concept plan depicts 60 single detached, 40 semi-detached/links, and 47
townhouses, for a total of 147 units.
9.3 Both the Regional and Clarington Official Plans provide for additional residential
lands to be designated only in the context of a comprehensive review of the local
Official Plan. In addition, the designation of additional lands would need to be
based on an analysis which evaluates and demonstrates the need for designating
additional lands.
608
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REPORT NO.: PSO-003-02
Page 9
9.4 At the time of the preparation of the Clarington Official Plan the applicant owned
the subject lands and had filed applications for Regional Official Plan Amendment,
Plan of Subdivision approval, and Zoning Amendment to allow this site and the
additional lands that they own to develop. The application for Regional Official
Plan amendment was approved through the expansion of the Bowmanville urban
area when the Region of Durham received approval for their Official Plan in 1994.
The applications for Plan of Subdivision and Zoning Amendment were denied
during the review and approval of the Clarington Official Plan. The applicant did
not appeal the denial of the applications, or request a referral of the land use
allocations under the Clarington Official Plan to the Ontario Municipal Board.
9.5 The subject lands have been identified in the Municipality's Land Acquisition
Strategy for acquisition in the longer term.
10,0 CONCLUSIONS
10.1 As the purpose of this report is to satisfy the requirements for the Public Meeting
under the Planning Act, and taking into consideration the outstanding comments
and need for further review, it is respectfully requested that this report be referred
back to staff for further processing and the preparation of a subsequent report.
Attachment 1 - Proposed Amendment
Attachment 2 - Key Map
Attachment 3 - Concept Plan
Attachment 4 - Public Submission
Attachment 5 - Public Submission
609
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REPORT NO.: PSD-003-02
Page 1 0
Interested parties to be notified of Council and Committee's decision:
Nancy Barnes
11 Rebecca Court
Bowmanville
L 1 C 4N7
David Bryce Adams
3109 Liberty Street N
Bowmanville. Ontario
L 1 C 3K6
Roger Adams
21 Sydel Court
Bowmanville. Ontario
L 1 C 4N5
Mavis Carlton
119 Cove Road
Bowmanville. Ontario
L 1 C 3K3
Ellen Cowan
69 Concession Street West
Bowmanville. Ontario
L 1 C 1Y7
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905) 623-3379 F (905)623-0830
610
"
ATTACHMEiNT 1
AMENDMENT NO.
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE:
The purpose of this Amendment is to replace the Community Park
designation with Urban Residential and Medium Density Residential
BASIS
The basis of this amendment is as follows:
1. This amendment is based on a application from the property owner
ACTUAL
AMENDMENT:
The Clarington Official Plan is hereby amended as follows"
1. By amending Map A3 - land Use Bowmanville Urban Areas as shown
on Schedule "A"
2. By amending Map E2 - Neighbourhood Planning Units Bowmanville
Urban Area as shown on Schedule "B"
3. By amending Table 9-2 Housing Targets by neighbourhoods as shown
on Schedule "C"
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended,
regarding the implementation of the Plan, shall apply in regard to this
Amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended
regarding the interpretation of the Plan, shall apply in regard to this
Amendment.
611
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SCHEDULE A
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COPA 2001-003
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OFFICIAL PlJl.N
MUNICIPALI1Y OF ClARlNGTON
FEBRUARY 2. , 910
REFER TO SECT10NS 5 AND g
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ATTACHMEINT 2
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ATTACHMENT 4
Nancy Barnes
11 Rebecca Court
Bowmanville, Ontario
LIC 4N7
January 8, 2002
1W IE 1E1IW[1ffi
~\). JANI J 2002
MUNICIPALITY Of GLARINGTON
PLANNING OEPARTMENT
Mr. David Crome, M.C.I.P.,RP.P.
Director of Planning Services
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
Dear Mr. Crome:
RE: Planning File: COPA 2001-003, Clerks File: D09.COPA.2001.003
Proposed Official Plan Amendment
The request for an amendment to the Official Plan to change the Town of Bow manville's
north end Community Park to Urban Residential(medium density) concerns me. I feel
confident that a lot of time and consideration went into the decision to locate the
Community Park at this location. I do not believe this change should be taken lightly. I
believe at this time that a community park needs to be maintained in the Official Plan for
the north end ofBowmanville. Looking at my copy of the Official Plan dated January
29, 1996 I see more than adequate provision in the Official Plan for Medium Density and
no provision for Low Density. So at this time I would not approve of the requested
change to the Official Plan.
However, I would like to be kept aware of all the considerations for and against this
change.
Sincerely,
I3a
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Nancy Barn~1
617
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21 Sydcl Court
Bowmanvillc, ON, LIe 4N5
January] 0, 2002
ATTACHMENT 5
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Ms. L B. Little
Planner - Community Planing Branch
Municipality of CIa ring ton
40 Temperance Street
Bowmanville, ON
Re: Application for change of use on property at north east corner of Liberty Street :'%rth
and the 3rd Concession.
Dear Ms, Little
I would like to take this opportunity to voice my objection to the application for the change of
use proposed for this property from 'Community Parkland' to 'Medium Density Residential',
My reasons for this objection are threefold:
1/ There is currently an abundance of vacant property and large development sites
intended for residential use available in the Town of Bowmanville without the need to
change the proposed use on any parkland.
2/ In any community, parkland is always at a premium and the public places, like
parkland, are what contribute most to making a community a home to its residents, May
I draw your attention to the promotional brochures from the Town and from the Region
of Durham. There is absolutely no need to reduce the potentia! for public parkland to
create unneeded development land at this time.
3/ When we purchased our property on Sydel Court 15 years ago, we were informed that
severa] lots were allocated to the municipality for parkland in this development (The
Rills of Liberty). At the time, these lots werc sold for home sites by the municipality and
consequently there is an absence of parkland in the area. As a parent, [ can attest to the
inconvenience and upheaval and lack of community feeling engendered when every time
one wishes to visit a park it requires a trip in a car. J do not feel that parkland should
only be accessible by auto. It should be within the community, easily accessible by bike
or on foot
>.
[ am sure that I am not alone in these concerns. As taxpayers within the community, we expect
the Planning Department staff and the Town Council to act in the interest of the residents of
Bowmanville and for the betterment of the community,
Thank you for your attention and consideration,
Yours truly
./.f , ,/ n ~/{d~~ -
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Roger Adams
618