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HomeMy WebLinkAboutPSD-112-05 Clw:mgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 19, 2005 Report #: PSD-112-05 File #'s: ZBA 2005-030 & COPA 2005-007 By-law #: Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT THE WESTERLY EXPANSION OF WILMOT CREEK COMMUNITY WITH APPROXIMATELY 67 ADDITIONAL LOW DENSITY DWELLING UNITS APPLICANT: RIDGE PINE PARK INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-112-05 be received; 2. THAT the application to amend the Clarington Official Plan and the application to amend the Zoning By-law be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: D vi . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: (') ~~ ~ Franklin Wu, Chief Administrative Officer BRlCP/DJC/lb September 12, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-112-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: Ridge Pine Park Inc. 1.2 Applicant: (same as owner) 1.3 Clarington Official Plan Amendment: To provide for the westward expansion of the Urban Residential designation subject to Special Policy Area B (Wilmot Creek Lifestyle Community) be redesignating lands currently designated Waterfront Greenway. 1.4 Rezoning: Appropriate to permit proposed uses 1.5 Area: Area to be developed: 6.483 hectares (16.02 acres) 1.6 Location: The area to be developed is at the western limits of Wilmot Creek Community in Part of Lot 4, Broken Front Concession, former Township of Darlington. 2.0 BACKGROUND 2.1 On June 24, 2005, the Planning Services Department received from Ridge Pine Park Inc. an application to amend the Clarington Official Plan and an application to rezone the area for expansion of the “gated” residential community. The official plan amendment application was submitted to provide for the westward expansion of the Urban Residential designation within Special Policy Area B on lands currently designated Waterfront Greenway. The rezoning was submitted to permit approximately 67 dwellings, all low density, and related private streets in the 6.483 hectares (16.02 acres) area to be developed. It is proposed that the balance of the site of 7.287 hectares (18.01 acres) be acquired for municipal park purposes. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The area to be developed is currently vacant. 3.2 The surrounding land uses are as follows: North: C.N. Railway South: one dwelling on a rural residential lot and Lake Ontario East: West End of Wilmot Creek Community West: the above referenced lot and Bennett Road 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject property and two public notice signs were installed, one approximately midway on the Bennett Road frontage and one at the west end of the cul-de-sac terminating Hinkley Trail. Public Notice was also posted on the Notice Board at the Wilmot Creek Community Centre (the Wheelhouse). REPORT NO.: PSD-112-05 PAGE 3 The previous proposed expansion of Wilmot Creek Community, to the north, applied for at an earlier date, generated several interested parties who were also mailed public notice for the subject Official Plan Amendment and rezoning. The applicant indicated they would hold a community information meeting for the residents of Wilmot Creek Community at the Wheelhouse and that they have already presented the proposal to the Wilmot Creek Homeowners Association. 4.2 As of the writing of this report, the Planning Services Department has received two telephone inquiries and one e-mail inquiry with respect to the applications. One telephone inquiry was from a neighbour from outside Wilmot Creek Community. Two of the inquiries were with respect to status and timing of the application. The third inquiry from a Clarington resident asked how the western expansion related to previous expansion applications. Staff clarified that previous expansion applications were to not only expand Wilmot Creek but to expand the urban area as well, whereas the western expansion proposal was within the Bowmanville Urban Area. 5.0 OFFICIAL PLAN CONFORMITY 5.1 Within the Durham Regional Official Plan, the subject property is designated as Living Area and the application conforms. 5.2 Within the Clarington Official Plan, the subject property is designated as Waterfront Greenway within an urban area. The predominant use of land is for recreation, tourism uses, conservation and agricultural uses. The application does not conform, hence this application. The lands east of the subject property are Urban Residential within Special Policy Area B. The Special Policy Area recognizes the private leasehold community catering to seniors or retired residents. It is the policy of the Municipality to provide public access to the waterfront, protect natural and cultural heritage resources and ensure land use compatibility. 6.0 ZONING BY-LAW COMPLIANCE 6.1 The subject property is zoned “Agricultural (A)”. The proposal for approximately 67 dwellings does not conform, hence, this rezoning application. 7.0 AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. Rogers Cable and Clarington Emergency and Fire Services had no objections. Other comments received to date are as follows. 7.2 The Ministry of Transportation had no objections in principle, and advised they are reviewing the Traffic Impact Study submitted in support of the application. 7.3 Bell Canada and Enbridge Gas have no objection to the application subject to conditions of approval. REPORT NO.: PSD-112-05 PAGE 4 7.4 Clarington Engineering Services advised they have concerns regarding the proposal. The existing municipal roadways are rural and not urban and the absence of storm sewers combined with no upgrading plans in the foreseeable future led the Department to request that no approval be provided at this time. 7.5 C.N. Rail requested two policies regarding noise, vibration, setbacks, berms and fencing be included in the official plan amendment. They also requested a 30 metre setback be specified in the zoning by-law amendment. C.N. Rail also had three technical comments on the noise feasibility study. 7.6 Comments remain outstanding from: Hydro One Networks Inc., Central Lake Ontario Conservation, Regional Planning and Works Departments. 8.0 STAFF COMMENTS 8.1 In 2002, the applicant submitted an application to amend the Durham Regional Official Plan to expand the boundaries of the retirement community and the Bowmanville Urban Area to include the lands between the railway corridor, Highway 35/115, Highway 401 and Bennett Road. The area subject of the 2002 application was referred to as Phases 7 & 8 of the retirement community. The 2002 application is being considered by the Region as part of the Region of Durham Official Plan Review. 8.2 The current application if approved would also allow an expansion of the retirement community, however the expansion area is within the Bowmanville Urban Area boundary. The applicant advised that although they do own the land between Bennett Road and the west limits of the application, they do not plan to expand the residential community any further west than the limits of the lands subject of this application. 9.0 CONCLUSIONS 9.1 As the purpose of this report is to give the status of the application for the public meeting, and identify comments and issues received to date, it is appropriate to have the application referred back to staff for further processing. Attachments: Attachment 1 - Site Location Key Map and Property Plan Attachment 2 - Proposed Clarington Official Plan Amendment List of interested parties to be advised of Council's decision: Mr. Ufton Clarington Industrial Services Inc. Linda Gasser Paul Mack, Mack and Kisbee Bruce Hadji Jim Reninger Roger Howard Dave Diamond Sernas Associates Ernest Burnie Reid and Deborah Allin Victor Suppan, LACAC Bernie Hirseland REPORT NO.: PSD-112-05 LIST OF INTERSTED PARTIES Name Company Address City Province Postal Code 16 Steelhead Lane Newcastle, ON L1B 1B4 Mr. Ufton Linda Gasser 7421 Best Road Orono, ON L0B 1M0 Bruce Hadji, W.C.H.A 1 Wheelhouse Drive, Newcastle, ON L1B 1B9 Unit 5 President Roger Howard Ridge Pine Park Inc. 17 Dean Street Brampton, ON L6W 1M7 Sernas Associates 110 Scotia Court, Whitby, ON L1N 8Y7 Unit 41 Reid and 25 Bennett Road, Bowmanville, ON L1C 3K5 R.R. #4 Deborah Allin Clarington Industrial 322 Bennett Road, Bowmanville, ON L1C 3Z2 P.O. Box 458 Services Inc. Paul Mack Mack and Kisbee, 146 Simcoe Street Oshawa, ON L1G 4S7 North Barristers and Solicitors Jim Reninger 65 Wilmot Trail Newcastle, ON L1B 1B8 Dave Diamond 11 Algonquin Trail Newcastle, ON L1B 1A1 Ernest Burnie 28 Loyalist Court Newcastle, ON L1B 1A8 Victor Suppan, R.R. #1 Enniskillen, ON L0B 1J0 LACAC Bernie Hirseland McGraw Hill Construction 153 Beech Street Brampton, ON L6V 2Z2 Attachment #2 To Report #PSD-112-05 Our Project No. 02140 APPLICANT’S PROPOSED AMENDMENT TO THE CLARINGTON OFFICIAL PLAN Purpose: The Amendment implements the following land use changes: ? The Urban Residential area and Special Policy Area B coinciding with the Wilmot Creek Adult Lifestyle Community is expanded onto lands to the west thereof and south of the CNR in order to permit the expansion of the Wilmot Creek Adult Lifestyle Community onto Phase 9. Basis: The Amendment is based on an application submitted by Ridge Pine Park Inc., the owners of Wilmot Creek Adult Lifestyle Community. Location: The Amendment applies to approximately 6 hectares (15 acres) in the east half of Part of Lot 4, Broken Front Concession, Former Township of Darlington, generally south of the CNR and west of the existing Wilmot Creek Adult Lifestyle Community. The lands are part of a total 14 hectare (35 acre) parcel to be purchased by Ridge Pine Park Inc. and intended to form Phase 9 of its Wilmot Creek Adult Lifestyle Community in the Municipality of Clarington. The balance of the parcel in the west half of Lot 4 to Bennett Road is to remain Waterfront Greenway and offered for sale to the Municipality of Clarington to remain in open space use in perpetuity. Actual Amendment: The Clarington Official Plan is hereby amended as follows: (i) By amending Map A1 (Darlington) Land Use by: ? adjusting the limit of Special Policy Area B ? redesignating lands south of the CNR and in the east half of Lot 4, BFC, to Urban Residential as shown on Exhibit “A” 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.