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HomeMy WebLinkAboutPSD-024-17Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: April 3, 2017 Report Number: PSD-024-17 File Number: ZBA2016-0016 Resolution Number: PD-072-17 By-law Number: 2017-035 Report Subject: Claret Investments Limited & 1361189 Ontario Limited - application to amend the Zoning By-law to facilitate the creation of 15 single detached lots on lands located on Harry Gay Drive, Courtice Recommendations: 1.That Report PSD-024-17 be received; 2.That the application for rezoning ZBA2016-0016, submitted by WDM Consultants be approved and that the Zoning By-law Amendment contained in Attachment 1 to Report PSD-024-17 be passed; 3.That a by-law to remove the (H) Holding Symbol be forwarded to Council once the road within Block 14 has been constructed, Block 13 has been dedicated to the Municipality in an acceptable condition and all the requirements of the Clarington Official Plan are satisfied; 4.That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-024-17 and Council’s decision; and 5.That all interested parties listed in Report PSD-024-17 and any delegations be advised of Council’s decision. Municipality of Clarington Report PSD-024-17 Page 2 Report Overview This report recommends that Council rezone lands that were planned as part of a future school block to be used for 15 single detached lots and three partial single detached lots provide an appropriate wetland buffer block, consistent with adjacent areas of the neighbourhood. The applicant has determined to proceed to create the lots by consent rather than by plan of subdivision, the latter preferred by the Municipality. 1. Application Details 1.1. Owner: Claret Investments Limited & 1361189 Ontario Limited 1.2. Applicant/Agent: William D. Manson, WDM Consultants 1.3. Proposal: To amend the Zoning By-law to permit the creation of 15 single detached lots and 3 partial single detached lots (see Figure 1). The lots fronting onto Harry Gay Drive have a minimum width of 11 metres. The lots from on the future street have a minimum width of 10 metres. 1.4. Area: 1.041 hectares (2.572 acres) 1.5. Location: East side of Harry Gay Drive, south of George Reynolds Drive and north of Nash Road, Courtice 1.6. Roll Number: 18-17-010-090-19570 1.7. Within Built Boundary: No 2. Background 2.1. The proposal is to rezone Block 102 in Registered Plan 40M-2364. This block was originally draft approved as part of a future public elementary school site. Prior to 2004 the public school board decided it would not require a school in the Hancock neighbourhood and that they would not be pursuing acquisition of the subject lands. The 2013 Hancock Neighbourhood Design Plan Update eliminated the school block replacing it with residential development and this application proposes to implement this change. 2.2 The proposal is generally consistent with the Hancock Neighbourhood Design Plan (NDP) approved in 2013. Although the road pattern remains the same, the applicant has altered the lotting pattern from the approved NDP (see Figure 2). The developer prefers to have 12 lots front on Harry Gay Drive, to take advantage of services that were installed, at their risk on Harry Gay Drive when the subject lands were still a school block, and three full and three partial lots fronting on a future road on abutting lands (see Figure 3). The approved Neighbourhood Design Plan identified seven lots fronting on Harry Gay, Municipality of Clarington Report PSD-024-17 Page 3 eight lots fronted on an internal street and three partial lots fronted on the future road in an abutting draft approved subdivision. The total number of units remains the same and the lotting pattern change is the main difference between the 2013 approved Neighbourhood Design Plan and the lotting of the proposed rezoning. The developer continues to be responsible for the construction of the road within his land ownership regardless of whether or not the proposed lots front on said road. 2.3 In addition, the developer has advised he prefers to proceed by consent to create all of his proposed lots. In Staff’s opinion the plan of subdivision approval process should be pursued. A number of meetings were held with the developer to discuss this issue, and staff identified the benefits of proceeding by plan of subdivision, including reduced costs. However, to date the applicant has resisted and we anticipate that the division of land will occur through the Durham Land Division Committee. It will be the Region’s decision as to whether a plan of subdivision will be required Figure 1: Existing Development and Subject Lands Municipality of Clarington Report PSD-024-17 Page 4 Figure 2: Relevant Portion of the Hancock Neighbourhood Design Plan Figure 3: Proposed Lotting Pattern for Subject Lands Municipality of Clarington Report PSD-024-17 Page 5 2.4 Reports submitted in support of the application are: • Functional Servicing & Stormwater Management Report, • Scoped Environmental Impact Study, • Environmental Site Screening Investigation, and • Energy Efficiency and Sustainability Plan. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is flat and vacant except for the temporary storage of topsoil for dressing lots and boulevards in the Plan 40M-2364 Subdivision (see Figure 4). South and west of Block 102 are built-up portions of Registered Plan of Subdivision 40M-2364, which are comprised of relatively new detached homes. Figure 4: Looking Southeast at Block 102 The surrounding uses are as follows: North - Harry Gay Park South - Existing Residential East - Draft Approved Plan of Subdivision S-C-2009-0001 and an Open Space Block West - Harry Gay Drive and on its west side a bank of Existing Residential Municipality of Clarington Report PSD-024-17 Page 6 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement encourages the efficient use of services with cost- effective development patterns, a mix of residential dwellings and opportunities for intensification and redevelopment in accordance with provincial targets. The creation of single detached lots on a block originally draft approved for an elementary school provides efficient utilization of existing services while maintaining neighbourhood character. The proposal conforms to the Provincial Policy Statement. 4.2 Provincial Growth Plan The proposed lots represents efficient use of land and existing services while maintaining neighbourhood character. The proposal conforms to the Growth Plan. 5. Official Plans 5.1 Durham Region Official Plan The Durham Region Official Plan designates the subject block Living Areas. The predominant use within said designation is for residential development. The proposal conforms to the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject block Urban Residential – Low Density with the exception of the northeast corner which is designated Environmental Protection Area. The proposal conforms to the Clarington Official Plan. 5.3 Clarington Official Plan as amended by Amendment 107 On November 1st, 2016 Council adopted Official Plan Amendment 107 which brought the Clarington Official Plan into conformity with the Regional Official Plan and Provincial Policies. The subject block is designated Urban Residential with the exception of the northeast corner which is designated Environmental Protection Area. The proposal conforms to the OPA 107. Municipality of Clarington Report PSD-024-17 Page 7 6. Zoning By-law The key matter is the Zoning By-law 84-63 which zones the subject block “Urban Residential Exception (R1-42)”. This zone permits only public schools as defined in the Zoning By-law. Since the proposal is for single detached residential development with environmental protection for the northeast corner, this current rezoning application became necessary. The proposed zoning by-law amendment would utilize zones previously approved on surrounding lands in the Hancock Neighbourhood. 7. Summary of Background Studies 7.1 Scoped Environmental Impact Study The subject block is a cultural old field meadow with scattered conifer regeneration that also stores topsoil from the adjacent subdivision. The study reviewed existing conditions, vegetation and wildlife. No species at risk and/or rare species were found. A 30 metre buffer from the Provincially Significant Wetland (PSW) boundary is required by the Clarington Official Plan. The open space block at the northeast corner of the subject block, adjacent to the PSW, is 30 metres wide and 60 metres long, sufficient for buffering. Potential lowering of the water table will be partially addressed by the open space block as a recharge zone and lot level infiltration of roof runoff onto level grassed areas and low gradient swales. Naturalization of the open space block is recommended through a planting plan focussed on locally indigenous native plant species. Black Creek will not be affected by the development`s stormwater runoff as it will move through the storm sewer system and the Macourtice Stormwater Management Facility. The engineering consultant has recommended several low impact development provisions for stormwater management as well as measures for erosion and sedimentation control including to the woodlands dripline. An Environmental Awareness Brochure will be prepared for homebuyers as a condition of approval for the lot creation. The subject lands have been a topsoil storage area for several years. Planted Scots Pine at the east limit is the only vegetative or wildlife habitat feature in the subject block. No loss of natural heritage features or functions is anticipated as a result of the proposed development. The natural heritage system has been given a high level of protection through the provision of the open space block as a buffer, with recommendations for future naturalization, and through low impact development stormwater management measures. 7.2 Functional Servicing & Stormwater Management Report The Report establishes that the servicing infrastructure for the proposed lots is adequate and the receiving drainage systems are not adversely affected. This includes permanent stormwater quality and quantity controls and construction period erosion and sedimentation controls. Municipality of Clarington Report PSD-024-17 Page 8 The proposed lots fronting on Harry Gay Drive were pre-serviced with sanitary and storm sewer, and water service connections. Water service will be extended east from Harry Gay Drive to service the remaining lots and the draft approved Headgate subdivision to the east. Sanitary sewer is at the Broome/Duval intersection and is to be provided for in the extension of Broom and the development of the Headgate Subdivision. Future water quantity is also to be controlled with several low impact development (LID) measures: minimum slope rear yard swales for enhanced infiltration; 300 millimetre depth topsoil on the lots for enhanced infiltration; and an infiltration gallery upstream of the catchbasin inside the open space block. During construction, future water quality is to be controlled by: enviro fence on or near the subject block`s perimeter; construction vehicle access limited to the intersection of Harry Gay Drive and the internal street; catchbasin filtration on existing catchbasins; and residential construction `good housekeeping`. 7.3 Environmental Site Screening Investigation Letter Site screening for potential contamination was done in a letter report in support of the Completed Durham Region Site Screening Questionnaire. The subject block was historically, cropfield, as late as 2007. There appears to have been no orchards on the subject block. Topsoil and building material debris were found in the subject block, from other parts of the registered plan of subdivision 40M-2364. Source determination and visual observation lead to no anticipation of an environmental concern. A Phase One Environmental Site Assessment was determined not warranted and no issues of potential environmental concern were identified for the subject block. 7.4 Energy Efficiency and Sustainability Plan Energy efficiencies for the dwellings will be created through several paths including compliance with the Jan. 1, 2012 revised Ontario Building Code with its enhanced energy efficiency requirements. An erosion and sedimentation control plan was submitted. Low impact development measures will be used including minimum slope rear yard swales for enhanced infiltration; 300 millimetre depth topsoil on the lots for enhanced infiltration; and an infiltration gallery upstream of the catchbasin inside the open space block. Benefitting the natural environment more directly is the open space block acting as a buffer to the Provincially Significant Wetland (PSW) to the north east; and as an area of tree preservation and future naturalization. An Environmental Homeowners Guide on environmentally sensitive areas, rare plants, and amphibians, near the development, will be distributed. 8. Public Submissions 8.1 The neighbouring developer/landowner to the east has phoned and emailed staff to articulate his objections to the proposal as follows: • He believes, the intention of the neighbourhood design plan and the basis on which the subdivision plan to the east was draft approved was that services would be extended to the subdivision to the east through the lands subject of the proposal; Municipality of Clarington Report PSD-024-17 Page 9 • He also believes the intention of the proposed lotting is to leave the proposed future internal street unserviced forcing the neighbouring developer to install the right-of- way services. He finds this unacceptable; • The Municipality has required houses to be oriented on north-south lots, where possible, for environmental reasons, hence the 2013 neighbourhood design plan layout should be followed; and • As the neighbouring landowner does not want to service the lots subject to this application that have frontage on a future road on the abutting lands to the east. 8.2 One nearby resident expressed a number of concerns: • A considerable number of school-aged children live in the immediate area. More houses will increase safety issues for many children; • The proposed area is forested and home to many indigenous species. Wildlife habitat loss is both a concern and a public safety risk; • The Harry Gay Neighbourhood Park is wonderful for young children but, the Courtice North Neighbourhood Association would love to see a park for all ages and members of society. Will the park expand to accommodate newer developments? Could there be additional facilities such as tennis courts, basketball courts, or a hockey (winter) and lacrosse (summer) rink? After the Halminen houses were built, an influx of park use by young families and others has occurred. How were they allowed to build without constructing a park for their buyers? On summer evenings, for soccer games, Harry Gay Drive is filled with parked cars. Road and community safety is decreased and litter is left everywhere; and • The community is not opposed to the proposed development but, the greenspace and the “feel of the neighbourhood” must be maintained. Bowmanville and South Courtice are overdeveloped. The Harry Gay Neighbourhood should not join them. 8.3 A second nearby resident had many comments: • They believe a pond should be created in the open space block; • Requested restricting the use of the five residential lots west of the open space block, to only motion sensors attached to all rear yard lighting; • It was suggested that the land owner has eradicated forest and wetland in the neighbourhood to cause on this nearby neighbour’s property: a small marsh to dry up, the oldest trees to die, and within and beyond the property, the wells of the Hancock Road properties, either to dry up or be hardly usable. A contingency plan approved in the OMB Decision was reflected in Conditions of Approval for the subdivision in 2010. These wells revived after heavy rains but, never again to the point of sufficient water supply, and so, additional water sources have to be used. All the very special plants that survive only on the high water table level disappeared from this neighbor’s wetland and meadow. This year the Hancock Road wells dried up and have not revived since. The cause of the dryness is not climate change but, the drainage of lands under the developer’s management; Municipality of Clarington Report PSD-024-17 Page 10 • The resident advised they were not offered well restoration nor connection to the watermain with work on their properties being paid by the developer. This is in contradiction of the OMB Decision for Case PL970051. Very bad decisions were approved by the OMB according to this nearby neighbour. During the OMB Hearing, the developer, supported by Clarington, had no setback from the Environmentally Sensitive Areas. The Condition of the OMB Decision protecting drinking water is not enforced; • The neighbor expressed concern that the open space proposed along the Provincially Significant Wetland remain, and that drainage be redirected to the open space and some depressions be made for plants that were destroyed or removed from our watershed. Requested trees be planted along the edge to protect the wetland from light, air pollution and wind; • Requested construction vehicles use Harry Gay Drive and not Hancock Road; • Suggested the fill/subsoil stock piled at this site be used when houses are constructed. Then drainage could be more easily redirected by proper grading towards the wetland; and • Requested the stormwater management pond be rehabilitated and all invasive species removed before they overtake the pond. Clarington can clean up our ditches, streams, woodlands and wetlands since this neighbor did not get any appreciation from Clarington for the group’s hard work. Ask developers to clean up after themselves from time to time. 8.4 A third nearby neighbour asked what the plan layout was, but did not have concerns with the development, although suggested it is unfortunate they plan to take down a lot of trees, as many in the area have been cut down already for the highway. They enquired if another park was planned at the end of Broome Avenue. 8.5 An enquiry was received having interest in buying a house on the subject lands. 9. Agency Comments and Departmental Comments 9.1 The Public School Board had no objection but asked that consideration be given to sidewalk connections and pedestrian routes for safe access for students attending the Board’s nearby schools. 9.2 Canada Post has no objection but notes one community mailbox site is needed. Requirements were requested for inclusion in the future development agreement. 9.3 Enbridge and Rogers have no objection. 9.4 The Regional Planning and Economic Development Department has confirmed that the application conforms to the policies of the Regional Official Plan (ROP), and generally conforms to the Provincial Growth Plan. The Regional Works Department has no comments. Municipality of Clarington Report PSD-024-17 Page 11 9.5 The Regional Transit Department stated the proposal has no significant Durham Region Transit impacts. 9.6 Central Lake Ontario Conservation Authority supports the open space block with a protective zoning and dedication to the Municipality of Clarington. The Authority supports naturalization of the above block including a planting plan subject to their approval. The Authority requests the area of the Draft Approved Headgate Subdivision be reinvestigated for rare species which were found previously, for the purpose of transplanting to the above block. The Authority has technical comments for the drainage scheme and the LID measures that will need to be addressed. The infiltration gallery should be enlarged as much as is feasible. Options to capture drainage from the residential lots need to be incorporated into the development design. None of this precludes the proposed rezoning, which in the case of the open space block is “Environmental Protection (EP)”. When the lots are later divided the Authority will require conditions on all of the lots to resolve the above concerns. 9.7 Operations has no concerns, and Emergency and Fire Services has no fire safety concerns. 9.8 Engineering Services notes that prior to final approval of the development the Department will have to be satisfied regarding grading, servicing, and stormwater management. The Functional Servicing and Stormwater Management Report and the On-street Parking Plan are acceptable for rezoning purposes. Actual development of any portion of the subject lands will require the owner enter into a development agreement for the entirety of the subject lands and any decision regarding the extent of works deemed necessary to facilitate actual development on the subject lands will be determined solely by the Director of Engineering Services. 10. Discussion 10.1 The proposal is generally consistent with the Hancock Neighbourhood Design Plan, approved in 2013, with the lotting pattern proposed to be altered from what was in the Plan as described in Section 2.2 of this report. 10.2 A neighbouring land owner questioned the orientation of the proposed lots. (Parts 6-9, 17 and 18). The Neighbourhood Design Plan contained lots on the internal local street which provided a north-south orientation. It minimized the number of driveways on Harry Gay Drive, a collector road and it provided for better passive solar heating. It also was intended to incent the proponent to construct the new street. In consideration of the existing services that were pre-stubbed on Harry Gay Drive, the proposed lotting pattern is acceptable. However the owner/developer will remain responsible for the construction of the east-west road and associated services before any building permits are issued (see paragraph 10.10). 10.3 The requirements of the Conservation Authority and Clarington Engineering Services will be incorporated into the process for lot creation. Municipality of Clarington Report PSD-024-17 Page 12 10.4 Vegetation on the subject block was removed in compliance with the original draft approval and has since principally been used for soil storage. It is not forested today, although nearby areas are. 10.5 Harry Gay Neighbourhood Park was built only in 2013, and is complete. The Municipality has no plans for expansion of this park, or a park elsewhere in this neighbourhood. However, the new open space block provides opportunities for passive recreation and a trail connection into the adjacent park. 10.6 The second nearby resident had many concerns. Creating a pond in the open space block was one of them. This parcel will be zoned “Environmental Protection (EP)” and as a condition of the application to create the lots will require a planting plan to be prepared to the satisfaction of the Municipality and the Conservation Authority to be implemented at the developer’s expense. In addition the EIS and Functional Servicing both speak to directing storm water to this area and constructing an infiltration gallery upstream of a catch basin. 10.7 The area slopes in a southeasterly direction, therefore all the stormwater from the lands cannot be directed to the PSW to the north and east. However, the functional servicing report and Environmental Impact Study both had recommendations to direct as much runoff as possible to the open space block where an infiltration gallery will provide recharge benefits. 10.8 Requiring motion sensors attached to all rear yard lighting will be reviewed with the EIS consultant and Conservation Authority staff, and can be implemented as a condition of approval on the lot creation. However, it would only be applicable to the builder and future landowners would be able to switch and add lighting fixtures subsequently. 10.9 Construction vehicle routes, fill/subsoil placement and removing invasive species from the Macourtice Storm Water Management Facility will be addressed at the detailed engineering stage. 10.10 The residential zones for this development will have a holding symbol (H) placed on them, only to be removed when detailed design is completed and a subdivision agreement is executed for this development block. Given that we anticipate the developer will proceed by consent and that the construction of the new road to the east boundary of the lot is paramount to enable the approved development to the east to proceed, a condition for lifting the holding symbol on any lot within the subject lands, will be the dedication of the future municipal lands, including the 0.33 metre reserve, and the construction of the road all services on Part 14 of the proposed reference plan. 10.11 All municipal taxes have been paid at the time of writing Report PSD-024-17. Municipality of Clarington Report PSD-024-17 Page 13 11.Conclusion The entire property is currently zoned for urban residential uses. Through this application, some of those lands will be rezoned to Environmental Protection to buffer the PSW. The balance will be rezoned residential with updated zoning provisions for 10 metre lots (R2-58) and 11 metre lots (R2-66). In consideration of all agency, staff and public comments, it is respectfully recommended that the application to amend the Zoning By-law (see Attachment 1) be approved. 12. Strategic Plan Application Not applicable. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO Director of Planning Services Interim CAO Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell@clarington.net Attachments Attachment 1: Zoning By-law Amendment The following is a list of the interested parties to be notified of Council’s decision: Bill Manson Andy Andersen Sami El-Hajjeh Libby Racansky Laura Slayer Bradshaw Maria Serra BR/CP/df/av i:\^department\ldo new filing system\application files\zba zoning\2016\zba2016-0016 claret (bill manson)\staff reports\psd-024-17\psd-024-17.docx (for) Attachment 1 to Municipality of Clarington Report PSD-024-17 Corporation of the Municipality of Clarington By-law Number 2017-______ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2016-0016; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential Exception (R1-42)" to: • "Holding - Urban Residential Exception (R2-58) Zone"; • "Holding - Urban Residential Exception (R2-66) Zone"; and “Environmental Protection (EP)” as illustrated on the attached Schedule ‘A’ hereto. 2. The Holding (H) on Schedule A of this By-law shall only be lifted by By-law once a subdivision agreement is executed, all future municipal lands have been dedicated, and the future east-west road, being Part 14 of draft 40R-Plan is constructed. 3. Schedule ‘A’ attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By-Law passed in open session this _____ day of ____________, 2017 ____________________________ Adrian Foster, Mayor ____________________________ C. Anne Greentree, Municipal Clerk i:\^department\ldo new filing system\application files\zba zoning\2016\zba2016-0016 claret (bill manson)\staff reports\psd-024-17\psd-024-17_attachment 1.docx