HomeMy WebLinkAboutPD-004-01
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Date:
Monday, January 8, 2001
File # L)),5)-OF
Res. # (;/;f1J:J5;:; )
Meeting:
General Purpose and Administration Committee
Report #:
PD-004-01
File #: COP A 2000-009 (X-REF; LD 325/2000 0/1
By-law # d-cD1-
Subject:
CLARINGTON OFFICIAL PLAN AMENDMENT APPLICATION
APPLICANT: 902714 ONTARIO INC.
PART LOT 31, CONCESSION 2 AND PART LOT 31, CONCESSION 1,
FORMER TOWNSHIP OF CLARKE -1774 RUDELL ROAD
FILE NO.: COPA 2000-009 (X-REF: LD 325/2000)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-004-01 be received;
2. THAT the application to aroend the Clarington Official Plan, as submitted by the
Peterborough Victoria Northumberland and Clarington Catholic School Board on behalf
of 902714 Ontario Inc., be APPROVED as Amendment # 17 to the Clarington Official
Plan, that the necessary by-law to adopt the Official Plan Amendment be passed and
further that the Amendment be fOIwarded to the Region ofDurharo; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
APPLICATION DETAILS
1.
1.1
1.2
902714 Ontario Inc.
Peterborough-Victoria-Northumberland and Clarington Catholic
Board
1.3 Official Plan Amendment:
Applicant:
Agent:
School
To relocate the Separate Elementary School symbol from the west side of
Rudell Road, north of Highway No.2, Part Lot 31, Concession 2, former
Township of Clarke, to the west side of Rudell Road, south of Highway
No.2, part Lot 31, Concession 1, former Township of Clarke, 1774 Rudell
Road (Attachment 1).
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REPORT PD-004-01
PAGE 2
,
, .
1.4
Site Area:
2.63 hectares (6.5 ac)
2. LOCATION
2.1 The separate elementary symbol is currently located north of Highway No. 2 on an
agricultural property which has frontage on both Given and Rudell Roads. The new
location would be south of Highway No.2 on the west side of Rudell Road south ofthe
intersection of Edward Street West with Rudell Road.
3. BACKGROUND
3.1 Prior to submitting this application, the Peterborough-Victoria-Northumberland and
Clarington Catholic School Board attempted to purchase a portion of the property in the
location of the existing school site. The property owner was not interested in selling and
the Board did not want to pursue expropriation. The site, located at 1774 Rudell Road,
was considered to be the best alternative location as servicing was available and the
owner was willing to sell. The School Board has a conditional offer on the property
subject to the approval of this application and the related application for severance (LD
325/2000).
3.2 Extensive discussions have been held between Municipal staff, the applicant and the
School Board on how the school site could be made compatible with the future
community park and recreation complex to the north. Once all parties were satisfied, the
School Board submitted this official plan amendment application on October 30, 2000,
on behalf of 902714 Ontario Inc. to facilitate their requirements for providing a separate
elementary school for the residents of Newcastle Village and area. A Public Meeting was
subsequently held on December II, 2000.
4. SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The entire property owned by 902714 Ontario Inc. covers 23 hectares (56.8 acres) and
contains an older frame residence which has been converted into two apartments.
Wilmot Creek runs north and south through the western portion of the lot leaving
approximately 13.4 hectares (33 acres) of farmland. There are eight residential lots on
the west side of Rudell Road in the vicinity of Hart and Sunset Boulevards. The east side
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REPORT PD-004-01
PAGE 3
, .
of Rudell Road has been completely developed with plans of subdivisions from Highway
No.2 south to Highway 401 (Attachment 2).
4.2 Surrounding Uses:
North -
South -
East
West -
Large lot residential
Highway 401
Urban residential
Wilmot Creek
5. OFFICIAL PLAN POLICIES
5.1 The lands are designated Living Area within the Durham Region Official Plan. Such
lands are predominantly for housing purposes. The Plan allows for public uses which are
considered compatible with their surroundings.
5.2 The lands are designated Urban Residential within the Clarington Official Plan. The
predominant use of these lands shall be for housing purposes. Other uses, such as
schools, may be permitted which by the nature of their activity, scale and design are
supportive of, compatible with and serve residential uses. School sites are designated
with a symbol on the Land Use Map. Schools are to conform with Section 18 of the
Official Plan, which states the following:
. The minimum site area for future elementary schools on full municipal services
should be approximately 2.5 hectares;
. Elementary schools are generally to be located on collector roads;
. In order to minimize the need for school crossing guards, safe pedestrian and bicycle
routes are to be provided;
. A minimum of25% of the site perimeter is to have street frontage, wherever possible.
5.3 The proposed school site is 2.63 hectares, which meets the 2.5 hectare minimum. Rudell
Road has been identified as a collector road from Highway No.2 south to Edward Street
West. The Public Works Department has requested a sidewalk along a portion of Rudell
Road in order to provide for safe pedestrian access to and from the site. Due to the
existence of residential lots on the west side of Rudell Road, and the need to
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REPORT PD-004-01
PAGE 4
accommodate both indoor and outdoor recreation facilities on the balance of the lands
owned by the applicant, it was not possible to site the school property with 25%
perimeter frontage. Three hundred feet of road frontage is provided and it is considered
acceptable under the circumstances.
6. ZONING BY-LAW CONFORMITY
6.1 Within the former Town of Newcastle Comprehensive Zoning By-law 84-63, as
amended, the proposed school location is zoned predominantly "Agricultural Exception
(A-I)" with a small amount of "Environmental Protection (EP)" on the south west corner
of the site. The A-I zone does not list a school as a permitted use. However, Section
3.17 of By-law 84-63 states that "the provisions of this By-law shall not apply to prohibit
the use of any lot or the erection or use of any building or structure for the purpose of
public services provided by. . . any school board. .." Therefore, the application complies
with By-law 84-63 and a rezoning of the property is not required.
7. PUBLIC SUBMISSIONS
7.1 Prior to the Public Meeting one phone inquiry was received from a resident of Rudell
Road noting a concern with the possibility of increased traffic along the road should the
application be approved, and one written submission was made in support of the
application. Both comments were included in the Public Meeting report which was
presented to the General Purpose and Administration Committee on December 11,2000.
7.2 Mr. Real Aubin of 1514 Rudell Road spoke at the Public Meeting expressing his
opposition to the development due to the possibility of increased traffic and the loss of
his view. His house is the most northerly of the lots fronting on Rudell Road and he
raised a concern in regards to the school site wrapping around his property. Sherren
Farrell of 2773 Bellwood Drive and a member of the St. Francis of Assissi School
Council spoke in support of the application.
7.3 Additional comments have been received from a resident of Hart Boulevard and the
owners of 1474 Rudell Road. Mr. Topley of28 Hart Boulevard was concerned about the
school bus traffic going through the neighbourhood and that buses and other school
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REPORT PD-004-01
PAGE 5
generated traffic will affect the traffic entering and exiting onto Highway 2 from Rudell
Road. He requested that a traffic light be installed at the intersection. The residents of
1474 Rudell Road had no objections to the application upon viewing the proposed site
plan.
7.4 These public comments will be addressed in Section 9 of this report.
8. AGENCY COMMENTS
8.1 The Region of Durham Planning Department notes that the school site has been
addressed as having a high archaeological potential due to the proxirnity of Wilmot
Creek. An archaeological assessment will be necessary. The proposed school site is
situated partly within the fillline and floodplain, as designated by the Ganaraska Region
Conservation Authority for Wilmot Creek. Any issues concerning the flood hazard,
floodplain use and stormwater management are to be addressed to the satisfaction of the
Conservation Authority.
The Region of Durham Planning Department has also noted that in accordance with
Regional By-law 11-2000, the application is exempt from Regional approval.
8.2 The Region of Durham Works Department states that municipal water supply can be
provided from the existing 150 mm watermain on Rudell Road. Sanitary sewers are
available to the subject lands from the existing 200 mm sewer on Rudell Road and the
Rudell Road sewage pumping station has sufficient capacity to accommodate flows from
the proposed school.
8.3 The Clarington Public Works Department has no objection in principal to the proposed
Official Plan amendment. For the applicant's information, they have provided the
following comments which will be applicable at the time of site plan approval:
. An internal traffic study will be required which demonstrates that the site has
adequate parking areas, bus lanes and passenger pickup areas to accommodate the
anticipated volume of traffic generated by the site. In the event that the study
determines that there are traffic related improvements necessary on Rudell Road such
as right or left turn lanes, the applicant will be responsible for 100% of the cost to
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REPORT PD-004-01
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construct these works.
. A pedestrian sidewalk will be required on the west side of Rudell Road from Edward
Street to the southerly limit of the proposed school site in order to facilitate a local
service connection from the adjacent residential neighbourhood to the school.
. A grading and drainage plan will be required which details the configuration of the
on-site storm sewer system (minor system) and the conveyance of the overland flow
(major system) from the site. The Plan must identify any stormwater management
facilities as well as any drainage works that are external to the subject property.
. A development agreement will be required, as well as an application for property
access.
. The applicant will be responsible for any costs necessary to facilitate the construction
of an entrance from the subject property to Rudell Road which may include the
construction of any traffic related improvements such as right or left turn lanes, utility
relocation, culverts, entrance paving, ditching, curb cuts, restoration, etc.
. A performance guarantee estimate is required for an external works including
entrance construction, traffic related improvements, sidewalk construction and
boulevard sod and restoration.
8.4 The Clarington Community Services Department has no objection to the application but
will be providing detailed comments during the site plan review process.
8.5 The Ganaraska Region Conservation Authority has no objection to the application but
notes that the property is partly within the fill line and floodplain as designated by the
GRCA for Wilmot Creek. The application is subject to the Conservation Authority's Fill,
Construction and Alteration to Waterways Regulation (Ont. Reg. 148/90 as amended).
Any concerns with development of the site have been discussed with all parties and the
GRCA is satisfied that all issues can be address through the site plan approval process.
8.6 No objections were received from Le Conseil Scolaire de District du Centre-Sud-Quest,
Veridian Connections, Regional Health Department, Clarington Fire Department,
Clarington Building Division and Kawartha Pine Ridge District School Board.
9. STAFF COMMENTS
9.1 Public comment on this application has raised the issues of traffic generation, loss of
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REPORT PD-004-01
PAGE 7
scenic view, privacy concerns and site configuration. In regards to the increase in traffic,
undoubtedly the existence of a school will result in more traffic along Rudell Road as
school buses and parents bring the children to and from the site. However, Rudell Road
has been constructed as a collector road from Highway 2 south to Edward Street and
collector roads are designed to move moderate volumes of traffic over short distances.
The school is sited just south of Edward Street and to this effect the Public Works
Department has requested that a traffic study be conducted which not only addresses
internal traffic on the school site, but also the impacts on traffic on Rudell Road. If the
study determines that road improvements are required on Rudell, these will have to be
implemented as part of the site plan approval process.
9.2 Highway 2 is under the jurisdiction of the Region of Durha:m. If there is sufficient traffic
to generate the necessity of a light at the intersection of Rudell Road and Highway 2, the
decision will be made by the Region of Durham and not by the Municipality. Staff have
notified the Region of Durham Works Department of the concern.
9.3 In regards to the loss of scenic view, the school site is proposed on lands designated for
Urban Residential use. The Urban Residential designation, which has been in place since
the Official Plan was approved in 1996, allows for a variety oflow density housing units
such as single detached, semi-detached and/or linked dwellings. If the lands were
developed as a plan of subdivision there would be several buildings abutting the existing
Rudell Road lots, as opposed to one building on a 6.5 acre parcel.
9.4 The School Board has informed staff that they have met with the neighbours to discuss
the issue of privacy and have offered them the choice of a chain link fence or a wooden
privacy fence. Once the neighbours have selected a preference, the fencing will be
incorporated into the site plan agreement.
9.5 As to the school site wrapping around the rear of the residential properties, ideally the
School Board would have preferred a rectangular property but this was not possible given
the various constraints. Wilmot Creek runs north and south through the applicant's lands,
thereby not permitting the school site to extend to the west. Immediately north of the site
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REPORT PD-004-01
PAGE 8
is the future community park lands which contains both indoor and outdoor recreation
facilities. These lands have already been impacted by the school site and any further
reduction would seriously impact the Municipality's facilities. It was not possible to
extend further south due to the residential lots fronting on Rudell Road. The School
Board had placed the school at the north end of the site and angled it towards the road
(Attachment 3). Parking has been allocated behind the building and a playfield is
proposed immediately west of the residential lots. The view to the north will be
obstructed with the school building but the view to the west will remain open to the
creek.
9.6 The existing separate elementary school in Newcastle Village has reached its capacity
and a new facility is required. Staff are satisfied that all departmental and agency
concerns can be addressed during the site plan approval process. The School Board is
willing to address the neighbourhood residents concerns with regards to privacy issues
and any resolution will also be incorporated into the site plan process.
10. CONCLUSIONS
10.1 Based on the comments contained in this report, it is respectfully recommended that
Council approve Amendment #17 to the Clarington Official Plan.
Respectfully submitted,
Reviewed by,
d ~~~--(~
Franklin Wu, M.C.I.P., RP.P.,
Chief Administrative Officer
D 'd ro , M.C.I.P., R.P.P.
Director of Planning & Development
IL *BN*DJC*cc
December 27, 2000
Attachment I -
Attachment 2 -
Attachment 3 -
Attachment 4 -
Proposed Amendment
Key Map
Proposed Site Plan
By-law
635
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REPORT PD-004-01
PAGE 9
Interested parties to be notified of Council and Committee's decision:
902714 Ontario Inc.
c/o Bruce Brown
56 Browview Road
R.R.#8
NEWCASTLE, Ontario LIB IL9
Joel Sloggett
Peterborough-Victoria-Northumberland and
Clarington
Catholic District School Board
1355 Lansdowne Street West
PETERBOROUGH, Ontario K9J 7M3
Edmond Vanhaverbeke
85 King Street West
Unit 2
NEWCASTLE, Ontario LIB IL2
Jill McDonald
1687 Rudell Road
NEWCASTLE, Ontario LIB IG8
Mary Rycroft
G.M. Semas and Associates
Unit 41
110 Scotia Court
WHITBY, Ontario LlN 8Y7
Real Aubin
1514 Rudell Road
NEWCASTLE, Ontario LIB IE2
Tony Topley
28 Hart Blvd.
NEWCASTLE, Ontario LIB IE3
Sherren Farrell
2773 Bellwood Drive
R. R. #8
NEWCASTLE, Ontario LIB IL9
John & Mayme Carr
1474 Rudell Road
NEWCASTLE, Ontario LIB lEI
636
"
PURPOSE:
BASIS:
ACTUAL
AMENDMENT:
IMPLEMENTATION:
IMTERPRETATION:
ATTACHMENT 1
AMENDMENT NO. 17
TO THE CLARINGTON OFFICIAL PLAN
To amend the Official Plan of the Municipality of Clarington by
relocating the 'Separate Elementary School' designation.
The Amendment is based on an application submitted by the
Peterborough Victoria Northumberland and Clarington Catholic
District School Board - File No. COPA 2000-009.
The Clarington Official Plan is hereby amended by relocating the
Separate Elementary School symbol within the west part of the
Newcastle Village Urban Area on Land Use Map A4 from the north
side of King Street, west of Rudell Road, to the south side of King
Street, west of Rudell Road as shown on Schedule 'A' attached.
Schedule' A' attached hereto shall form part of this Amendment
The provisions set forth in the Clarington Official Plan, as amended,
regarding the implementation of the Plan shall apply in regard to this
Amendment.
The provisions set forth in the Clarington Official Plan, as amended,
regarding the interpretation of the Plan shall apply in regard to this
Amendment
637
...
SCHEDULE "A"
AMENDMENT No. 17 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP A4, LAND USE, NEWCASTLE VILLAGE URBAN AREA
LAKE ONTARIO
Cl*WSIOHRO.l.D3
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REMOVE ''SEPARATE
ELEMENTARY SCHOOL"
OESIGNATION
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A"
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RELOCATE ''SEPARA TE
ELEMENTARY SCHOOL"
OES IGNA TION
638
III SUBJECT SITE
_ OTHER LANDS OWNED BY APPLICANT
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THE CORPORATION OF THE MUNlCIPAUTY OF CLARINGTON
BY-LAW NUMBER 2001-_
being a By-law to adopt Amendment No, 17 to the Clarington Official Plan.
WHEREAS Section 17(22) of the Planning Act RS.O, t990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments hereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend Clarington Official Plan to permit the relocation of a Separate Elementary
School symbol from the west side of Rudell Road, north of Highway 2 to the west side of Rudell
Road, south of Highway 2,
NOW THEREFORE BE IT RESOLVED TIIAT the Council of the Corporation of the Municipality
ofClarington enacts as follows:
1. That Amendment No, 17 to the Clarington Official Plan, being the attached Explanatory
Text and Map is hereby adopted,
2, This By-law shall come into effect on the date of the passing hereof.
BY-LAW read a fusttime this 15fu dayof January
2001.
BY-LAW read a second time this
15th day of January
2001.
BY-LAW read a third time and linallypassed this 15th day of January
2001.
MAYOR
CLERK
641
Attachment 4