HomeMy WebLinkAboutPSD-081-02
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
C/!l-3/7-o;2
1)08'. 0 1f
Meeting:
Monday September 9, 2002
Report #: PSD-081-02
File #: COPA 2002-006
X Ref #: SC 2002-002 & ZBA 2002-002
By-law #:
Subject: APPLICATION FOR CLARINGTON OFFICIAL PLAN AMENDMENT
SYLVAN ESTATES INC. AND BENNETT DEVELOPMENTS INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-081-02 be received;
2. THAT the application for amendment to the Clarington Official Plan, 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
3. 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:
Reviewed bYO ~~ ~ ~\.
Franklin Wu,
Chief Administrative Officer
avi . Crome, MCIP, R.P.P.
Director of Planning Services
Cp.DJC.sn
August 30, 2002
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILlE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830
622
REPORT NO.: PSD-081-02
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 Clarington Official Plan Amendment:
. Amend "Map A3 - Land Use Bowmanville Urban Area" to relocate the
District Park Symbol and realign the intersection of the arterial road
system south of Lambs Road;
. Amend "Map B3 - Transportation Bowmanville Urban Area" to realign
the intersection of the "Type C Arterial" road system south of Lambs
Road;
. Amend Map E2 - "Neighbourhood Planning Units Bowmanville Urban
Area" by adjusting the Port Darlington population target from 3,200 to
1,850;
. Amend "Map A - Land Use Port Darlington Neighbourhood Secondary
Plan" to relocate the District Park location easterly, adjust the limits of
the Parkette, adding a neighbourhood park and realigning the
intersection of the arterial road system south of Lambs Road;
. Amend "Map B - Natural Features and Constraints" to realign the
intersection of the arterial road system south of Lambs Road;
. Amend "Table 9-2 Housing Targets by Neighbourhood" by changing
the "Port Darlington - N 15" housing targets from 1,200 to 725 and
making the corresponding adjustments to the housing targets in the
low, medium and high density categories as well as the Bowmanville
totals for each category.
1.4 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 acres), 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 1).
623
REPORT NO.: PSD-081-02
PAGE 3
3.0 BACKGROUND
3.1 In February of this year G. M. Sernas & Associates submitted applications 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. A public
meeting for those applications was held April 8, 2002. The staff report for the public
meeting advised that the two applications did not conform to the Clarington Official Plan,
and that an official plan amendment would be required prior to consideration of the
applications. The application for amendment to the Clarington Official Plan was
received in June 2002.
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.
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.
4.2 Surrounding Uses: East-
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
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
624
REPORT NO.: PSD-081-02
PAGE 4
Medium Density, 175 High Density and 25 units for intensification. The official plan
amendment proposes to reduce the housing target to 725 units. 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. The
location of the district park is proposed to be re-Iocated easterly from the designated
location at the foot of Lamb's Road near the lake. The 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
connecting to Bennett Road in the east, Lambs Road in the centre and Liberty Street to
the west. The application proposes to realign the intersection of the arterial roads with
the Lambs Road extension continuing easterly south of the CNR and intersecting with
Bennett Rd. The official plan identifies the Lambs Road extension as continuing
westerly, south of the CNR and connecting with Port Darlington Road. The official plan
also indicates a future grade separation 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.
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 combined applications account for all the
residentially designated lands within the neighbourhood. The Official Plan Amendment
proposes to relocate the District Park, adjust the limits of the parkette, add a park area
on the west side of Lambs Road and realign the intersection of the arterial road system.
625
REPORT NO.: PSD-081-02
PAGE 5
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 20 days prior to the public
meeting. In addition, notice was mailed to each landowner within the prescribed
distance. As of the writing of this report, staff have receive a number of inquiries by
neighbouring land owners requesting further information on the proposed development.
7.2 The inquiries came primarily from property owners on East Beach Road and Port
Darlington Road. The residents concerns are similar to those expressed at the earlier
public meeting in April. A number of residents expressed concerns with traffic and
access to the property on the existing road network. They are concerned that the
streets are below municipal standards in width and in poor repair and can not
accommodate the vehicles generated from the proposed development.
7.3 Concerns have been 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 concern
was expressed with the liability the Municipality would incur if the lands, subject to
erosion, between the proposed arterial roads and Lake Ontario become accessible to
the public. 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.
8.0 AGENCY COMMENTS
8.1 In accordance with departmental procedures, the application was circulated to obtain
comments from other departments and agencies. At this time comments remain
outstanding the Central Lake Ontario Conservation Authority.
626
REPORT NO.: PSD-081-02
PAGE 6
8.2 The Clarington Engineering Services have outlined a number of off-site infrastructure
concerns related to the development of these lands. The applicant has been provided
with a list of issues, and staff from both the Planning Services Department and the
Engineering Services Department have met with the applicant to discuss these issues.
The application is considered pre-mature until these issues have been addressed to the
satisfaction of the Director of Engineering Services.
8.3 Clarington Emergency Services advised that based on the transportation network
proposed for the development railway traffic may impede the response times of
emergency vehicles responding to this area.
8.4 The Region of Durham Planning Department advised that, based on the Regional
Official Plan policies, the applicant will be required to participate in an Environmental
Impact Study prior to development of the property. Based on provincial plan review
responsibilities an archaeological assessment is required, and as a result of the
proximity to the CNR line, a Record of Site Condition is required. Servicing for the site
can be accommodated with extensions of the existing municipal water supply. The
provision of sanitary sewers, as outlined in "Option B" of the Conceptual Site Servicing
Report is the preferred. Both the Regional and Provincial concerns can be dealt with
through the conditions of draft approval for the related planning applications.
Accordingly this application is exempt from Regional approval.
8.5 CNR staff have requested that, policies dealing noise and vibration studies and safety
measures be included in the Official Plan Amendment, should it be approved.
8.6 The Public School Board advised that the school board may be interested in exploring
the possibility of implementing an elementary school in a joint use building with the
Municipality.
627
REPORT NO.: PSD-081-02
PAGE 7
9.0 STAFF COMMENTS
9.1 The application for official plan amendment has been submitted to allow the
implementation of the proposed plan of subdivision and rezoning application submitted
earlier this year. The official plan amendment, if approved, would allow a reduction in
the number of units permitted in the neighbourhood from 1,200 to 725. It would realign
the intersection of the arterial roads within the neighbourhood, relocate the District Park
symbol and introduce a Neighbourhood Park symbol. Staff is currently reviewing the
implications of these proposals.
9.2 Staff identified serious concerns with the principle of development in this location at this
time. There are a number of deficiencies associated with the road infrastructure
required to service the neighbourhood. Staff advised the applicant that a
"Transportation Network Needs and Feasibility Study" is required, as noted in the
background report to the Development Charges Study prepared in 1999. Staff
discussed these concerns with the applicant and his agents who are currently reviewing
the issue further. Associated with the issue of infrastructure is the issue of timing and
budgeting to complete the necessary works required to service this development.
9.3 Other concerns raised with this development deal with the bluffs and the Municipality's
liability if used as public space, as well as a concern with erosion and the impact that
will have on the usability of the lands. This issue will require further discussion prior to a
recommendation report for the subject site.
10. 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.
628
REPORT NO.: PSD-081-02
PAGE 8
Attachments:
Attachment No. 1
Attachment No.2
Key Map
Proposed Official Plan Amendment
Interested parties to be notified of Council and Committee's decision:
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 1C 3K3
Debra Allin
25 Bennett Road
BOWMANVILLE, Ontario
L 1 C 3K5
Professor Dryer
61 Lonsdale Road
TORONTO, Ontario
M4V 1W4
Rose & Brad Savage
79 East Beach Road
BOWMANVILLE, Ontario
L 1C 3K3
Don Wilkinson
205 - 165 Cobourne Avenue
RICHMOND HILL, Ontario
L4C 2K2
Philip Nixon
2736 South Service Road
BOWMANVILLE, Ontario
L 1 C 3K5
Irv Gill
25 - 110 Port Darlington
BOWMANVILLE, Ontario
L 1C 3K3
629
ATTACHMENT 1
Lot 8
Lot 7
Lot 6
Lot 5
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HIGHWAY
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COPA 2002..Q06
Official Plan Amendment
Sylvan Estates Inc.
Bennett Development Inc.
ATTACHMENT 2
AMENDMENT NO.
TO THE ClARlNGTON OFFICIAL PLAN
PURPOSE:
The purpose of this Amendment is to adjust the road pattem, distribution
of land uses and housing targets as they apply to the Port Darlington
Neighbourhood Secondary Plan Area, -
BASIS:
The basis of this amendment is as follows:
This amendment is based on an application from the property owner of
the subject lands for approval of a comprehensive Draft Plan of
Subdivision. Through the design process for the plan of subdivision,
certain adjustments to the Secondary Plan became necessary.
ACTUAL
AMENDMENT:
The Clarington Official Plan is hereby amended as follows:
1. By amending Map A3 - Land Use Bowmanville Urban Area as shown
on Exhibit "A"
2. By amending Map B3 - Transportation Bowmanville Urban Area as
shown on Exhibit "B"
3. By amending Map A land Use Port Darlington Neighbourhood
Secondary Plan as shown on Exhibit "CO
4. By amending Map B Natural Features and Constraints Port Darlington
Neighbourhood Secondary Plan as shown on Exhibit "0"
5. By amending Table 9-2 Housing Targets by Neighbourhoods as
shown on Exhibit "E"
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.
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Municipality of Oarington Official Plan - December 4, 2000
Page 39
636