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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Gff1- ){,'f-();J..
Monday, AprilS, 2002
PSD-026-02
SC~01002 &
ZBA 2002-002
By-law #:
Report #:
File#:
Subject:
APPLICATION FOR ZONING BY-LAW AMENDMENT AND PROPOSED PLAN
OF SUBDIVISION
SYLVAN ESTATES INC. AND BENNETT DEVELOPMENTS INC.
RECOMMENDA nONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1, THAT Repot PSD-026-02 be received; and
2, THAT the application for a zoning by-law amendment, submitted by Sylvan Estates Inc,
and Bennett Developments Inc. be referred back to Staff for further processing
subsequent to receipt of an application to amend the Clarington Official Plan and upon
receipt of all outstanding comments;
3, THAT the application for a proposed draft plan of subdivision, submitted by Sylvan
Estates Inc, and Bennett Developments Inc, be referred back to Staff for further
processing and the preparation of a subsequent report upon receipt of all outstanding
comments; and
4, THAT the Durham Region Planning Department, and all interested parties listed in this
report and any delegation be advised of Council's decision,
Submitted by:
Da Id rome, MCIP, R.P,P,
Director of Planning Services
AR*CP*DJC*sh
April 2, 2002
ReVieWedby:d ~ ~
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830
657
/
'"
REPORT NO.: PSD.()29.()2
PAGE 2
1.0 APPLICATION DETAILS
1,1 Applicant: Sylvan Estates Inc. and Bennett Developments Inc,
1,2 Agent: G. M. Sernas & Associates Ltd.
1,3 Rezoning: from "(A) Agricultural" and "(EP) Environmental Protection" to
appropriate zones to implement the proposed 699 unit plan of
subdivision,
1.4 Subdivision: a proposed 699 unit plan of subdivision consisting of: 153 single
detached units with10 metre frontages; 220 semi-detached dwellings
with 9 metre frontages; 78 on-street townhouse units, 38 block
townhouse units, 210 apartment units, a 2,427 ha public elementary
school site, a proposed 1,533 ha park block, a total of six (6) blocks
totalling 1.063 ha identified as park block between the Lake Ontario
Shoreline and Street A and H, two blocks totalling 1,379 ha for
stormwater management, and a total of 9,532 ha of open space blocks,
1,5 Land Area of Application: 45.405 ha
2.0 LOCATION
2,1 The subject lands are located in Part Lots 5, 6, 7, and 8, Broken Front Concession,
former Town of Bowmanville, The lands are further described as two parcels of land
totalling 45.405 ha (112 acre), generally bounded by Mearns Avenue road allowance
and the Region of Durham Water Treatment Plant to the west, East Beach Road,
existing residences and Lake Ontario to the south, Bennett Road to the east and the
Canadian National Railway and the hydro electric transmission corridor to the north
(see Attachment No.1),
3.0 BACKGROUND
3.1 In early February of this year G, M, Sernas & Associates submitted an application on
behalf of their client Sylvan Estates Inc. and Bennett Developments Inc. for proposed
draft plan of subdivision and amendment to the zoning by-law for the subject lands,
658
,
REPORT NO.: PSD-026-02
PAGE 3
The applicant appears to have had discussion with both staff at the Conservation
Authority and the Region of Durham Works Department prior to submitting the
applications to the Municipality, However, no pre-consultation was had with
Municipality of Clarington staff,
3,2 In support of the two applications for 699 residential units, the applicant submitted the
following documents:
i) A Phase 1 Environmental Site Assessment;
ii) Preliminary Environmental Overview;
iii) Letter from G,M, Sernas & Associates with an attached Shoreline Hazard Limit
Plan;
iv) A Site Traffic Analysis; and
v) A Conceptual Site Servicing Report,
These documents were circulated to the appropriate agencies as part of the circulation
process for the applications. They will be reviewed in detail prior to a
recommendation report being prepared for the .applications.
4.0 EXISTING AND SURROUNDING USES
4.1 Existing Uses:
The subject lands are currently under agricultural production and
contain an existing house, barn and shed,
4,2 Surrounding Uses:
East -
South -
Bennett Road, and beyond that existing residential
and agricultural properties,
CNR tracks and hydro electric transmission corridor
Mearns Avenue road allowance and the Region of Durham
Water Treatment Plant
Existing residences fronting on East Beach Road, other
existing residences at the mouth of the Bennett Creek and
Lake Ontario,
North -
West-
5.0 OFFICIAL PLAN POLICIES
5,1 The Durham Region Official Plan designates the lands Living Area and Waterfront.
The predominant use of land within the Living Area designation shall be for housing
purposes. The predominant use of lands in the Waterfront designation may include
659
,
REPORT NO.: PSO..()26..()2
PAGE 4
marina, recreational, tourist, and cultural and community uses, Residential and
employment opportunities maybe be permitted, which support and complement the
predominant uses.
5,2 The Clarington Official Plan designates the lands Urban Residential with a Public
Elementary School Symbol, Waterfront Greenway with a District Park Symbol, and
Environmental Protection Area within the Port Darlington neighbourhood, The
neighbourhood has a housing target of 1200 units, consisting of 550 Low Density, 450
Medium Density, 175 High Density and 25 units for intensification, The application
proposes a total of 699 units, a shortfall of 500 units from the housing target. The
predominant use of land within the Urban Residential designation shall be for housing
purposes, Schools are also permitted, The predominant use of lands within the
Waterfront Greenway designation shall be passive and active recreational uses,
compatible tourism uses, conservation and agriculture. District Parks shall serve the
recreational needs of the entire Municipality with a wide variety of indoor, outdoor and
specialized facilities, Environmental Protection Areas identify the most significant
components of the Municipality's natural environment. These areas and their
ecological functions are to be preserved and protected.
5,3 Map B, Transportation identifies a Type C arterial road parallel to Lake Ontario and
connecting to Bennett Road in the east, Lambs Road in the centre and Liberty Street
to the west. In addition, a future grade separation is identified at the CNR line and
Bennett Road as well as Liberty Street and the CNR. Map C, Natural Features and
Land Characteristics identifies the Bennett Creek as a warm water stream with
associated Hazard Land, In addition, the lakeshore is identified as a Regulatory
Shoreline Area, Section 4,3,8 of the Official Plan requires an Environmental Impact
Study (EIS) to be completed prior to any development occurring adjacent to, or within
a Natural Feature, Terms of reference for an EIS will be discussed with the applicant
and CLOCA staff after the public meeting,
660
,
REPORT NO.: PSD..()26..()2
PAGE 5
5.4 The subject property is also within the Port Darlington Neighbourhood Secondary
Plan, The secondary plan provides a Land Use Plan and policies further detailing the
objectives of the Official Plan for development of the new residential area and
transformation of the existing residences, The subdivision application accounts for all
the residentially designated lands within the neighbourhood, The subdivision design
proposes some significant variances from the approved Secondary Plan as follows:
o the 699 proposed new residential units, represents 500 units less than the 1200
unit target for the neighbourhood;
o The proposed reduction in the neighbourhood population could impact the need
for a public elementary school in this neighbourhood;
o The medium density block on the west side of Lambs Road, north of the creek
has been deleted and replaced with a park. block;
o The District Park at the foot of Lambs Road has been effectively deleted and
replaced with a storm water management pond; and
o The alignment of the collector road system has been revised.
An Official Plan Amendment is required.
6.0 ZONING BY-LAW PROVISIONS
6,1 The subject lands are zoned "Agricultural (A)" and "Environmental Protection (EP)".
The application does not conform with the current zoning by-law provisions and a
rezoning is required to allow the proposed uses within the plan of subdivision,
7.0 PUBLIC MEETING AND SUBMISSION
7 ,1 A Public Notice sign was installed on the subject lands. In addition, notice was mailed
to each landowner within the prescribed distance, As of the writing of this report,
numerous inquiries have been made by phone and in person at the Planning Services
Department by surrounding land owners requesting further information on the
proposed development. The inquiries came primarily from property owners on East
Beach Road and Port Darlington Road,
661
,
REPORT NO.: PSD-026-02
PAGE 6
7,2 Residents expressed concerns with the scale of the proposed development and
compatibility with the existing residential neighbourhood. They had concerns about
access to the property by the existing road network, on streets that the residents
identify as below municipal standards in width and in poor repair, Some residents felt
this type of development was too far from the existing built-up area of Bowmanville
and as such constituted urban sprawl. There were numerous concems expressed
with respect to the impact this development would have on the natural environment,
specifically regarding the creek valley and the Lake Ontario Shoreline, which has
experienced increased erosion in recent years. As well as the liability to the
Municipality if the land between the proposed arterial roads and Lake Ontario become
public open space, In addition, concern was voiced about the cost to the Municipality
and to them as taxpayers for off-site infrastructure necessary to support this
development. Numerous questions were posed about the timeframe for development.
No member of the public who came to the counter indicated support for the
development; rather, most were strongly opposed,
8.0 AGENCY COMMENTS
8.1 In accordance with departmental procedures, the application was circulated to obtain
comments from other departments and agencies. The following agencies have
advised they have no objection to the applications proposed. Rogers Cable,
Peterborough Victoria Northumberland and Clarington Catholic District School Board
8,2 Enbridge Consumers Gas has provided conditions to be incorporated in the
subdivision agreement, and require the natural gas distribution system to be installed
within the proposed road allowances and not on easements,
8,3 Veridian Connections has reviewed the application and has advised that electric
service is available on the road allowances, Port Darlington Rd., Lambs Rd., and
Bennett Rd. bordering this property. A number of conditions of draft approval have
been provided should the applications be approved,
6~2
"
REPORT NO.: PSD-026-02
PAGE 7
8.4 Canadian National Railways Property Inc. advised the "development adjacent to the
railway right-of-way is not appropriate without mitigation measures to reduce the
incompatibility." As a result a number of conditions of draft approval were requested
including: a 30 m building setback from the railway right-of-way; completion of a noise
and vibration impact analysis, recommending abatement measures; construction of an
earth berm and fence; and entering into an agreement with CNR.
8,5 The Region of Durham Works Department provided comments advising that municipal
water is available to the site by extension of the existing system on East Beach Road
and future Lake Road extension, The Region advised that the provision of municipal
sanitary sewers to the site in accordance with "Option B" of the Conceptual Servicing
Report is preferred. They further advised the location of the future clarifiers, at the
Port Darlington WPCP as shown on the draft plan is incorrect, The proposed
locations was provided and the applicant will be responsible for revising the proposed
plan, buffer zone and lotting accordingly.
8,6 No other agency comments have been received at the time of writing of this report,
9.0 STAFF COMMENTS
9,1 The proposed rezoning and subdivision application is the second residential
development proposal involving the subject lands, The first application was filed in
1989, A secondary plan was prepared in consideration of the original proposal,
however, the applications were eventually closed as the applicant did not proceed
further with the proposal. The secondary plan, prepared in consideration of the
original proposal, was reviewed, updated and incorporated into the Clarington Official
Plan in 1996, Said policies, among other things require the preparation of 'urban
design guidelines' prior to the approval of any development. This requirement and
preparation of terms of reference for an Environmental Impact Study required to
consider the impact of development adjacent to the Bennett Creek will be discussed
with the applicant in the weeks following the public meeting.
663
,
REPORT NO.: PSD-026.()2
PAGE 8
9,2 The application as submitted does not implement the Port Darlington Secondary Plan
as contained in the Clarington Official Plan, As noted in Section 5 -Official Plan
Policies, the proposal represents a 500 unit shortfall relative to the population target of
the neighbourhood, This reduction in units could have a significant impact on
infrastructure considerations for the neighbourhood. In addition, the location of the
park block on the west side of Lambs Road, as opposed to medium density units and
the loss of the District Park as contained in the Official Plan require staff to re-consider
the land uses and transportation demands for the neighbourhood, including the need
for a public elementary school. As a result an Official Plan Amendment is warranted,
9.3 The application will have to be reviewed in consideration of the growth management
policies of the Clarington Official Plan. The Plan's policies state the Municipality shall
seek to ensure 'the economical extension of all infrastructure and services associated
with a development. The policies also allow Council to declare a residential draft plan
of subdivision to be premature if among other things the capital works and services
required to service the lands and the future residents are not within the Municipality's
current capital budget or 10 year capital works forecast as updated from time to time".
10.0 CONCLUSION
10,1 The purpose of this report is to facilitate the Public Meeting as required by the
Planning Act, to provide Committee with some background on the application
submitted and for Staff to indicate issues or areas of concern regarding the subject
application, It is recommended the applications be referred back to Staff for further
processing and subsequent report upon resolution of all issues and receipt of all
outstanding comments and required revisions.
Attachments:
Attachment No. 1
Attachment No, 2
Key Map
Proposed Subdivision design
Interested parties to be notified of Council and Committee's decision:
664
'. ,
REPORT NO.: PSO-Q26-Q2
PAGE 9
G, M. Sernas & Associates
110 Scotia Court, unit 41
Whitby, Ontario
L 1 N 8Y7
Sylvan Estates Inc, &
Bennett Developments Inc.
10225 Yonge Street
Richmond Hill, Ontario
L4C 3B2
Kevin Taylor
110 East Beach Road
Bowmanville, Ontario
L 1 C 3K3
Debra Allin
25 Bennett Road
Bowmanville, Ontario
L 1C 3K5
Professor Dryer
61 Lonsdale Road
Toronto, Ontario
M4V 1W4
Gary Madill
86 East Beach Road
Bowmanville, Ontario
L1 C 3K3
Don Wilkinson
205 - 165 Cobourne Avenue
Richmond Hill, Ontario
L4C 2K2
Philip Nixon
2736 South Service Road
Bowmanville, Ontario
L1C 3K5
665
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