HomeMy WebLinkAboutPSD-089-06
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, September 5, 2006
Report #:
PSD-089-06
File #: 18T-89059, S-C-20001001
& ZBA 2006-0015
By-law #:
GPPi - 304~o0
Subject:
PROPOSED AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISIONS AND
RELATED REZONING
APPLICANT: FOSTER CREEK DEVELOPMENTS, 2083302 ONTARIO LIMITED, AND
ROBERT J. STEPHENSON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-089-06 be received;
2. THAT the proposed Amendment to Draft Approved Plan of Subdivisions 18T-89059 and S-C-
20001001 and Zoning By-law Amendment, submitted by Foster Creek Developments, 2083302
Ontario Limited, and Robert J. Stephenson to permit the development of 676 residential units
(136 additional units to the 540 units draft approved) be referred back to staff for further
processing and the preparation of a subsequent report; and
3. THAT the applicants, Region of Durham, all interested parties listed in Report PSD-089-06 and any
delegations be advised of Council's decision.
Submitted by:
Reviewed by:
()~.~
ome, MCIP, R.P.P.
f Planning Services
Franklin Wu,
Chief Administrative Officer
BR/CP/DJC/jd/df
August 25, 2006
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-089-06
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicants: Foster Creek Developments, 2083302 Ontario Limited, and Robert J.
Stephenson
1.2 Proposed Amendment to Draft Approved Plan of Subdivision:
The proposed Draft Plan of Subdivision includes - 113 Medium Density Units
(2 blocks totalling 85 units and 28 On-Street townhouse units), 563
Detached Dwellings (216 10 m+ frontages, 206 12 m+ frontages and 141 15
m+ frontages), a 2.43 hectare Public Elementary School Site, a 2.21 hectare
Neighbourhood Park Site, a 1.26 hectare Storm Water Management Pond,
and 5.06 hectares of Open Space.
1.3 Rezoning: Appropriate to Permit the Proposed Amended Plan of Subdivision
1.4 Plan Area: 49.99 hectares
1.5 Location: The subject lands generally are located west of Foster Creek, south of the
SI. Lawrence & Hudson Railway, east of the alignment of Rudell Road and
north of Given Road
2.0 BACKGROUND
2.1 On May 2, 2006, the Planning Services Department received from Foster Creek
Developments, 2083302 Ontario Limited, and Robert J. Stephenson, the subject
applications to amend the Draft Approved Plans of Subdivision and the implementing
Zoning By-law.
2.2 The subject applications deal with two draft approved plans of subdivision. The larger plan
- 18T-89059 was draft approved for 501 units on March 24, 2004. It surrounds the
smaller plan - S-C-2000-001 which was draft approved for 39 units on March 26, 2004.
The proposed Amended Draft Approved Plan for 18T-89059 incorporates the area of Draft
Approved Plan S-C-2000-001.
2.3 The proposed Draft Plan of Subdivision that was submitted May 2, 2006 and which was
the subject of the public notice proposed a total of 702 units. Following discussions with
staff, the proposal was modified to be in the current form, that is, as described in this
report. The major changes were: a reduction of low density (single detached) dwelling
units from 567 to 563, a reduction from medium density (town housing) dwelling units from
135 to 113, for an overall dwelling units reduction of 702 from 676, limited road
realignment, elimination of the walkway east of the park and the increase in the north
frontage of the park from 10 metres to 16 metres.
REPORT NO.: PSD-089-06
PAGE 3
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject lands are mostly agricultural with some of the land being vacant. One
dwelling is located on the subject lands.
3.2 The surrounding land uses are as follows:
North:
St. Lawrence & Hudson Railway and Highway 35/115 and beyond,
rural, mostly agricultural lands
South:
a nursing home, existing single detached dwellings, Given Road and
King Avenue West
East:
Foster Creek and existing single detached dwellings on North Street
and Remi Court
West:
Rudell Road (opened and unopened alignment) and beyond, two
dwellings and agricultural lands
4.0 PROVINCIAL POLICY STATEMENT
4.1 Planning authorities are required to provide for a range of housing densities and types, a
10 year supply of lands designated, and a 3 year supply of zoned and serviced lands that
are in draft approved/registered subdivision plans. The increased unit count should help
maintain the 3 year supply. The Provincial Policy Statement also requires the preservation
of significant natural heritage features.
5.0 OFFICIAL PLAN CONFORMITY
5.1 DUlham Reaional Official Plan
The lands are designated Living Area and Major Open Space. The Living Area
designation permits the development of communities with defined boundaries,
incorporating the widest possible variety of housing sizes, types and tenure. The Major
Open Space designation incorporates the Foster Creek valleylands. The applications
conform.
5.2 C/arinaton Official Plan
The lands are designated Urban Residential Area and Environmental Protection Area in
the Newcastle Village Urban Area. The lands are within the Foster Neighbourhood which
in its eastern portion has an approved Neighbourhood Design Plan in accordance with
Council-adopted policies. The application does not conform with the approved
Neighbourhood Design Plan.
REPORT NO.: PSD-089-06
PAGE 4
Medium density residential symbols are at the northeast comer of the King Avenue
West/Rudell Road intersection and northwest of where Foster Creek intersects with King
Avenue West. The lands also contain a public elementary school and a neighbourhood
park symbol. Collector roads run east-west from existing Grady Drive, just east of Foster
Creek to beyond Rudell Road; and north-south from the King Avenue West/Massey Drive
intersection to the previously described collector road. Rudell Road itself from King
Avenue West to the previously described east-west collector road is also a collector road.
The increased density proposed by the amended subdivision plan and related rezoning
conform to the housing targets for the Foster Neighbourhood as identified in the Clarington
Official Plan.
6.0 FOSTER NORTH NEIGHBOURHOOD DESIGN PLAN
6.1 The subject lands are within the Foster North Neighbourhood Design Plan and although
the proposal generally conforms, small amendments will have to be made to the Plan in
terms of unit numbers as well as street and lotting pattern.
7.0 ZONING BY-LAW COMPLIANCE
7.1 Within Comprehensive Zoning By-law 84-63, the lands are zoned to implement the two
previously approved draft plans of subdivision. Revisions as envisioned in the proposed
amended subdivision plan, which integrates the two draft approved subdivision plans,
necessitates some revisions to the zoning for the subject lands, hence, the rezoning
application.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public Notice was given by mail to each landowner within 120 metres of the subject lands.
Public Notice/Meeting Signs were installed at three locations: at the western terminus of
Grady Lane, on the property's Given Road frontage immediately west of Fosterbrooke
Long-Term Care Facility, and on the property's Rudell Road frontage a short distance
north of the intersection with Given Road.
8.2 Two neighbouring residents have expressed interest in the applications. Regarding the
proposed amending plan, the two neighbours noted concern with the Block 580 fronting on
Given Road. It was explained the block is proposed to be given to Fosterbrooke Long-
Term Care Facility as additional parking area in exchange for the Facility's northerly lands
permitting the completion of five partial lots fronting on Street G. The neighbours noted
they did not want a new entrance serving Block 580 on Given Road. It was explained by
staff that all entrance arrangements would be approved by municipal staff after all safety
and functional concerns had been resolved. The neighbours were in favour of the
proposed 15 metre lot frontages and increased lot depths abutting properties on Given
Road. They requested that the Draft Approval Condition regarding fencing between the
Given Road homes and these lots be kept, which staff agreed to.
REPORT NO.: PSD-OB9-06
PAGE 5
9.0 AGENCY COMMENTS
9.1 The applications were circulated to various agencies and other departments by Planning
Services. Comments received to date are as follows.
9.2 Veridian Connections noted electrical service is available on King Avenue West and
extensions of the Corporation's plant to the subject lands is to be underground. Existing
corporation plant on Rudell and Given Roads may have to be relocatedlreplaced at the
Applicant's cost, and the Applicant must obtain the Corporation's specific approval for the
electrical service arrangements which includes the signing of a construction agreement.
Veridian Connections had no object to the proposed development subject to conditions.
9.3 Emergency & Fire Services noted turning access is to be provided for streets greater than
90 metres.
9.4 Engineering provided the following concerns:
. Street B
The intersection of Highway No. 2 and Street B must be reconstructed including
the installation of traffic signals prior to the issuance of any building permits within
that phase of the proposed development (under the existing phasing plan) that
requires access from Highway 2 and Street 'B'.
. Gradv Drive
The future phase which requires the construction of the Grady Drive Bridge cannot
proceed until the Municipality has approved the expenditure of funds for the
construction of the bridge.
. Rudell Road
A portion of Rudell Road is unopened road allowance. The portion located south of
Street A is designated as a collector street in the Official Plan. The applicant will
be responsible for 50% of the cost of Rudell Road infrastructure to a municipal
local standard for the length which provides frontage to the lots on Rudell Road.
The phase of the development which requires access from Rudell Road (Phase 1
under the current plan) cannot proceed until the Municipality has approved the
expenditure of funds for the construction of Rudell Road.
. Given Road
Given Road is located in close proximity to the subject lands. It appears from the
proposed draft plan that the ultimate development scenario may see portions of
Given Road legally closed in the future and conveyed into private ownership. It will
be necessary to resolve numerous issues pertaining to Given Road in conjunction
with any approval for development in the subject neighbourhood.
REPORT NO.: PSD-089-06
PAGE 6
All portions of Given Road designated for legal closure under the ultimate
development scenario must be identified. The applicant must co-ordinate any road
closures that are deemed necessary to facilitate development within the subject
neighbourhood. Any proposed road closures must be approved by the Council of
the Municipality of Clarington. The applicant will be responsible for 100% of all
costs, financial and otherwise, needed to meet this requirement.
The subject development will necessitate the physical closure of Given Road at
Street B during the phase that requires the construction of Street 'B' and its
intersection with Highway 2. The developer will be responsible for 100% of the cost
of any works or facilities deemed necessary by the Director of Engineering
Services to construct a new dead end of Given Road immediately to the east of the
intersection. These works may include land acquisition, road construction, turning
circles, urbanization, storm sewers, drainage work, barricades etc. Any portions of
Given Road that are dl;lsignated to remain open as a travelled road may require
upgrades or improvements.
. Local Streets
All continuous local streets must have a road allowance width of 20.0 metres.
Local streets with a road allowance width of 18.0 metres will only be permitted in
the following locations: Streets E, F, H, I, 0, P and R.
. Street/Lot Geometries
All lots located on street eyebrows must have a minimum frontage of 15.0 metres.
Streets cannot be aligned in a manner that creates' acute angled turning
movements. Changes to the draft plan are required on Streets N, 0 and P.
. Block 584
No development of Block 584 or other adjacent land will be permitted until such
time as the applicant has acquired all of the lands necessary for the entire medium
density development. No partial development will be permitted. All development of
Block 584 and any associated lands not included within this draft plan must be
developed with private internal road accesses.
. Health Care Centre
The intended purpose of Blocks 569-573 and 586-587 located in proximity to the
existing health care centre must be clarified. The applicant must demonstrate that
perpetual maintenance of these blocks will be possible prior to development.
REPORT NO.: PSD-089-06
PAGE 7
. Other
Previous conditions of draft approval pertaining to roads and traffic, parking,
phasing, grading and drainage, storm water management, railway, Highway
35/115, park and benchmark are still applicable.
. Development Charae By-Law
This development cannot proceed until such time that the Municipality has
approved the expenditure of funds for the provision of the construction of any
works that have been included in the Municipality's Development Charge By-Law
and that are deemed necessary by the Director of Engineering Services to service
this development.
9.5 The Kawartha Pine Ridge District School Board requests the school site remain as a 6
acre lot and that it is understood the adjacent lot is for a 5 acre park.
9.6 The Ganaraska Region Conservation Authority provided conditions of draft approval as
follows: That prior to final approval and to any site grading taking place, the Owner must
prepare a detailed Storm Water Management Report in accordance with the Foster Creek
Subwatershed Planning Study and the 2003 MOE Storm Water Management Planning
and Design Manual, to the satisfaction of the Authority; the Owner must in a report detail
the means whereby erosion and siltation will be minimized and contained on site both
during and after the construction period, to the satisfaction of the Authority; the Owner
must prepare an Environmental Impact Study to assess potential hydrological and
biological impacts of the west pond draining to a tributary of Wilmot Creek and develop
mitigative measures, monitoring requirements and potentially, compensatory works, to the
satisfaction of the Authority; the Owner must agree in the subdivision agreement to
implement the recommendations and measures contained within the above reports and
study; the Owner agrees in the subdivision agreement to maintain all erosion and siltation
control devices in good repair during construction, in a manner satisfactory to the
Authority; and the Owner obtain all necessary Authority permits.
9.7 The Separate School Board noted they operate St. Francis of Assisi Elementary School on
Rudell Road South and that many of the subdivision's future residents will utilize the
school and therefore, the Board required accessible sidewalks with curb cuts be
constructed on at least one side of each new street, and creation of open space laneways
to shorten student walking distances would be a positive measure.
9.8 Comments remain outstanding from: Regional Planning and Works Departments, and St.
Lawrence & Hudson Rail.
10.0 STAFF COMMENTS
10.1 An earlier version of the proposal showed 702 residential units of which 135 units were
medium density (town housing). Staff had concerns with these numbers and their
implications once the same densities were applied across the neighbourhood. As a
REPORT NO.: PSD-089-06
PAGE 8
response to these concerns, the number of medium density units was reduced from 135 to
113, and the number of low density (single detached) units was reduced from 567 to 563.
The reduction is sufficient to stay within the policy limits of the Clarington Official Plan.
The Official Plan allows for some flexibility in the interpretation of numerical standards.
Staff has used the density yielded by the revised proposal on all remaining vacant lands
within the neighbourhood and are satisfied that housing population targets for the
neighbourhood will not be exceeded by more than 10%. In consideration of the direction
of the Provincial Growth Plan, the additional density is supported.
10.2 Given that the Ruddell Road/Grady Drive will function as a "downtown by-pass" for
residents who will in the future live in the North Village Neighbourhood (north of the
railway), there are concerns that appropriate traffic calming measure be instituted in the
design of the roads. An internal traffic report will be required to address this and other
related issues as a condition of subdivision approval.
10.3 In consideration of the reduced right-of-way standards, staff believe it is important to
ensure that the public realm is developed to the highest standard. Staff will be reviewing
with the applicant upgraded streetscaping, neighbourhood theming and advanced
development of trails. .
10.4 A primary heritage resource building at 170 Given Road, is within the proposed
development. The draft plans (draft approved and proposed amended) do not address
this issue. Staff will be reviewing further the applicant's plans for the house and would
prefer that the house be retained and incorporated into the plan of subdivision's design
and development.
11.0 CONCLUSIONS
11.1 The purpose of this report is to provide information for the public meeting required under
the Planning Act. Staff respectfully request that this report be referred back to staff for
further processing and the preparation of a subsequent report.
Attachments:
Attachment 1 - Site Location Key Map and Subdivision Plan
List of interested parties to be advised of Council's decision:
Hannu Halminen, Foster Creek Development Ltd.
Mike Dome
Kevin Tunney, Tunney Planning Inc.
David and Pearl Rickard
J.:mu-s H""ON
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