THE CORPORATION of the TOWN of WHITCHURCH-STOUFFVILLE BY
Total Page:16
File Type:pdf, Size:1020Kb
THE CORPORATION of the TOWN OF WHITCHURCH-STOUFFVILLE BY-LAW NUMBER 2014-006-0P BEING A BY-LAW TO ADOPT OFFICIAL PLAN AMENDMENT NO. 136 TO THE OFFICIAL PLAN FOR THE TOWN OF WHITCHURCH-STOUFFVILLE PLANNING AREA WHICH, ON THE 1ST DAY OF JANUARY, 1971 COMPRISED ALL THE LANDS WITHIN THE MUNICIPAL BOUNDARY OF THE AREA MUNICIPALITY OF THE CORPORATION OF THE TOWN OF WHITCHURCHSTOUFFVILLE. The Council of the Town of Whitchurch-Stouffville, in accordance with the provisions of the Planning Act, hereby enacts as follows: 1. Amendment No. 136 to the Official Plan for the Town of Whitchurch-Stouffville Planning Area which, on the 1st day of January, 1971 comprised all the lands within the municipal boundary of the Area Municipality of The Corporation of the Town of Whitchurch-Stouffville, forms Attachment 1 hereto of this By-law, is hereby adopted. 2. That the Corporation of the Town ofWhitchurch-Stouffville make application to the Regional Municipality of York for approval of said Amendment No. 136 to the Official Plan of the Town of Whitchurch-Stouffville. 3. That the Mayor and Clerk be and they are hereby authorized and empowered to execute the said Amendment No. 136 to the Official Plan on behalf of this Corporation and to affix thereto the Corporate Seal and to make or cause to be made on behalf of this Corporation such application as may be necessary to the Regional Municipality of York for approval of said Amendment No. 136 to the Official Plan and to execute under the Corporate Seal such documents as may be required for the above purposes. READ a first and second time this 21st day of January, 2014. READ a third time and passed this 21st day of January, 2014. Attachment 1 AMENDMENT NO. 136 TO THE OFFICIAL PLAN OF THE TOWN OF WHITCHURCH-STOUFFVILLE PLANNING AREA INITIATED BY THE TOWN OF WHITCHURCH-STOUFFVILLE COUNCIL January 2014 PART I - THE PREAMBLE does not constitute part of this Amendment. PART II - THE AMENDMENT consisting of the attached text and schedules constitutes Amendment No. 136 to the Official Plan for the Town of Whitchurch-Stouffville Planning Area. PART III – SUPPORTING BACKGROUND INFORMATION does not constitute part of this Amendment and includes supporting information and studies. AMENDMENT NO.136 TO THE OFFICIAL PLAN OF THE TOWN OF WHITCHURCH-STOUFFVILLE INDEX STATEMENT OF COMPONENTS PART I – THE PREAMBLE 1 1. Purpose 1 2. Location 1 3. Basis 1 PART II - THE AMENDMENT 4 PART III – SUPPORTING BACKGROUND INFORMATION 63 PART I – THE PREAMBLE 1. PURPOSE The purpose of Amendment No. 136 is to amend the Official Plan - Secondary Plan for the Ballantrae-Musselman Lake and Environs Planning Area. 2. LOCATION This Amendment applies primarily to lands in the Ballantrae Musselman Lake Secondary Plan Area, in the Town of Whitchurch-Stouffville. 3. BASIS The Ballantrae–Musselman Lake and Environs Secondary Plan was originally adopted by the Town of Whitchurch-Stouffville Council in 1994 as a basis for the planning and development of the Ballantrae–Musselman Lake area. The Plan has been amended a number of times to address various development proposals within the community and updates to address compliance with Provincial legislation. The most significant amendment being Amendment No. 112 – Amendment to the Town of Whitchurch-Stouffville Official Plan–Oak Ridges Moraine Conformity Exercise which was finally approved by the Minister in July 2007. This amendment specifically addressed conformity to the provisions of the Oak Ridges Moraine Conservation Plan. It did not address other important aspects of the community-planning program, which has not been substantially reviewed since the 1994 adoption of the secondary plan. Attachment No. 1 to this report is a map on the Ballantrae-Musselman Lake Secondary Plan Area. The Ballantrae Musselman Lake and Environs Secondary Plan area encompasses a land area of 1,897 hectares (4,687 acres). It includes the communities of Ballantrae and Musselman's Lake, which are recognized as a settlement area and rural settlement area respectively in the Oak Ridges Moraine Conservation Plan. The Secondary Plan area also includes adjacent rural areas. The Secondary Plan area is located within the Oak Ridges Moraine and includes key environmental features such as forested areas; coldwater fisheries; major groundwater recharge/headwater areas; wetlands; and, ANSIs. Development consists of a variety of residential areas including estate residential subdivisions, a golf course community, historic rural areas, residential strips and a historic residential community located around Musselman Lake. Limited commercial uses are located along the Highway 48 Corridor, and, Aurora Road. Future growth and development is limited by the development limits established in the Secondary Plan and the provisions of the Oak Ridges Moraine Conservation Plan. The focus of continued growth and development in the 1 Ballantrae Community Area is anticipated along the Highway 48 Corridor in the Ballantrae Community Area designation and in the build-out of the lands in the Ballantrae Residential Golf Course Area and Ballantrae Future Residential Areas where such development is not precluded by environmental features. Opportunities around the Musselman Lake area are constrained due to the small size of the historic lots in the area and the settlement area boundaries established by the Oak Ridges Moraine Conservation Area. The Musselman Lake Area consists of historic residential/cottage development in proximity to Musselman Lake with limited commercial and recreational uses. No significant additional development is anticipated in the Musselman Lake Community Area beyond limited infill, and conversion of uses. The Community of Ballantrae-Musselman Lake is serviced by a municipal water system that was commissioned in 1997 and private septic systems. The Ballantrae Golf Course Development is serviced by a private communal sewage treatment facility. A number of emerging issues have arisen which speak to the need to update the planning and development program for the Ballantrae–Musselman Lake Community as follows: • The lack of a comprehensive access management/land use plan along Highway 48 through Ballantrae, which complicates and frustrates the orderly development of this area as envisioned by the Secondary Plan. • There is no overall Functional Servicing Study to address the development of the lands within the Ballantrae Community Area, primarily along the Highway 48 corridor where development is permitted by the Secondary Plan. • The Ministry of Transportation has limited facilities associated with drainage for Highway 48, which are inadequate to accommodate storm flows from private property lands along the highway. In order to facilitate future development, a storm water management strategy is required. • There is a need to consider the connectivity of existing Natural Systems/Open Space, both in terms of wildlife corridors, vegetation communities and linkages, and, from the perspective of investigating the opportunities to implement a recreational trail system. • The presence of a high ground water table in many parts of the Secondary Plan area, which creates a constraint to existing and proposed development in the area. 2 • The lack of a Master Environmental Servicing or Functional Servicing Plan for the Secondary Plan precludes a refinement of the provisions of the Oak Ridges Moraine Conservation Plan as it relates to study and set back requirements to Key Natural Heritage and Hydrological Features in the area. • The Secondary Plan has not been comprehensively reviewed against Town, Regional and Provincial policy since its original adoption and is out of date. On June 21, 2011, Council adopted a resolution to award the contract for consulting services to undertake the Ballantrae–Musselman Lake and Environs Secondary Plan/Highway 48 Corridor Review to a consulting team led by planning consultant Macaulay Shiomi Howson Ltd. A study process was carried out in the 2011- 2013 time period involving extensive community and agency consultation. Technical Studies supporting the proposed amendment include the following: • Ballantrae-Musselman Lake Servicing Report, AMEC Environment & Infrastructure, November 2012; • Ballantrae-Musselman Lake and Environs Secondary Plan/Highway 48 Review, Community Open Space and Trails System Final Report, Cosburn Giberson Landscape Architects, November 2012; • Ballantrae-Musselman Lake and Environs, Environmental Management Strategy, Natural Resource Solutions Inc., February 2012 and revised March 2013; • Ballantrae-Musselman Lake and Environs Secondary Plan Review, Access Management Guidelines for Lands along Highway 48, Genivar, November 2012; and • Community of Ballantrae Highway 48 Corridor Urban Design Guidelines & Concept Plan, Brook McIlroy Inc., November 2012 The proposed amendments to the Secondary Plan the Ballantrae-Musselman Lake and Environs area forms the basis for amendments to the Zoning By-law as well as Access Management Guidelines, and a concept plan and urban design guidelines for the Highway 48 Corridor, a proposed trails and open space system, as well as a natural heritage system and a servicing plan, which will provide a basis for the future planning of the community. 3 PART II – THE AMENDMENT Amendment No. 136 to the Town of Whitchurch-Stouffville Official Plan is hereby amended as follows: 1. The Text of the Amendment is presented on the consolidated text of the Ballantrae-Musselman Lake and Environs Secondary Plan with additions to the text shown underlined (_____) and