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HomeMy WebLinkAboutPSD-001-07 CJNillglon REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 8,2007 6PA -UD:$ ;0'7 Report #: PSD-001-07 File #: S-C-2006-0002 By-law #: COPA2006-0003 and ZBA2006-0029 Subject: APPLICATION FOR PROPOSED PLAN OF SUBDIVISION, OFFICAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT APPLICANT: BARR'S DEVELOPMENTS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-001-07 be received; 2. THAT the applications for Official Plan amendment, a proposed Plan of Subdivision, and Zoning By-law amendment submitted by Barr's Developments Limited be referred back to staff for further processing and the preparation of a subsequent report; and, 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 10 . rome, M.C.I.P., R.P.P. Director of Planning Services " Reviewed by: C' ~-~~ Franklin Wu, Chief Administrative Officer SAlCP/DJC/df 19 December 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-001-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Agent: D.G. Biddle & Associates Ltd 1.2 Owner: Barr’s Developments Limited 1.3 Plan of Subdivision: Residential plan of subdivision consisting of 9 single detached dwellings. Official Plan Amendment To permit a minor expansion to the Rural Residential Cluster of Bond Head. Zoning By-law Amendment To rezone the subject lands from the “Agricultural Exception(A-1) Zone” to an appropriate zone to permit the expansion of the rural cluster of Bond Head to include nine (9) additional residential lots. 1.4 Site Area: 4.492 ha 2.0 LOCATION 2.1 The subject lands are located in the Rural Cluster of Bond Head located east of Newcastle Village (Attachment 1). The property is contained within Part Lot 27, Broken Front Concession, in the former Township of Clarke. 3.0 BACKGROUND 3.1 On October 18, 2006, Barr’s Developments Limited submitted three (3) referenced Planning Act applications to the Municipality of Clarington for the development of nine (9) dwelling units. A Planning Report and Hydrogeological Assessment Report accompanied the application. In accordance with Regional policy, a peer review of the hydrogeological report will be undertaken. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject property is currently vacant and has frontage along Queen Victoria Street, Park Lane and Boulton Street. The property is a greenfield site that has previously been used for agriculture. REPORT NO.: PSD-001-07 PAGE 3 4.2 Surrounding Uses: North: vacant agricultural lands South: single detached dwellings in the rural cluster East: single detached dwellings in the rural cluster West: single detached dwellings in the rural cluster 5.0 PROVINCIAL POLICY 5.1 The proposed subdivision application is not within the Greenbelt. However, the Growth Plan (2006) and the Provincial Policy Statement (2005) are applicable provincial policy for this application. The subject lands are affected by the Agricultural and Rural Area policies of the Growth Plan. Both the Growth Plan and the Provincial Policy Statement promote intensification and the better use of land and infrastructure. The Provincial Policy Statement permits limited residential development in rural areas and states that development shall be appropriate to the infrastructure which is available. It shall also avoid the need for the unjustified or uneconomical expansion of infrastructure, and development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. The Growth Plan states that population growth will be accommodated by directing development to settlement areas. Settlement areas include rural settlement areas, in this instance a rural cluster, where development is concentrated. If the lands have not been designated in the Official Plan for development over the long term, the settlement area may be no larger than the area where development is concentrated. The Growth Plan also states that new multiple lots and units for residential development may be allowed in rural areas in site-specific locations with an approved designation that permits this type of development in a municipal official plan, effective at the date of the Growth Plan (June 16, 2006). Bond Head is a Rural Residential Cluster that is permitted to accommodate up to a maximum of 50 residential lots. Although the specific lands are not designated, the policy is in place to permit the limited growth of the cluster. As the subject lands will be serviced by an existing municipal water service and accessed by existing municipal roads, Staff finds the applications to make efficient use of existing infrastructure. Although it is an expansion to the rural cluster, the expansion is an infill between two existing portions of the rural cluster (Attachment 2). The applications do not seek to expand the cluster beyond the area where development is concentrated. Staff finds the applications in conformity with the Growth Plan and the Provincial Policy Statement. 6.0 OFFICIAL PLAN 6.1 Durham Regional Official Plan The subject lands are designated “Waterfront Area” in the Durham Regional Official Plan. Lands designated “Waterfront Area” require that a development shall not REPORT NO.: PSD-001-07 PAGE 4 negatively impact key natural heritage or hydrologic features. Development shall also make provision for public access to the waterfront. The provisions for the Bond Head rural cluster, to contain a maximum of 50 lots, was deleted through Amendment 114, the amendment implementing the Durham Regional Official Plan Review. 6.2 Clarington Official Plan The lands are designated “Waterfront Greenway” in the Clarington Official Plan and are located adjacent to the Rural Residential Cluster of Bond Head. The Rural Residential Cluster policies state that no expansion to the limits of Cluster are permitted once the area of the Cluster has been defined through Zoning By-law. The owner has submitted an application to amend this policy. There is also a specific policy within the Clarington Official Plan that states a maximum of 50 residential lots is permitted in the Rural Residential Cluster of Bond Head, that the lots shall be in the form of infilling, shall be connected to the municipal water supply 2 system and shall have a minimum lot area of 2,500 m. The application provides for infilling of the existing cluster development, although not within the existing cluster limits. 7.0 ZONING BY-LAW 7.1 The subject lands are currently within the “Agricultural Exception (A-1) Zone”. The applicant has applied to rezone the property to permit the proposed subdivision development. 8.0 PUBLIC NOTICE AND SUBMISSION 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site, as well as to all landowners within the existing Bond Head Cluster limits. Also, three (3) public meeting notice signs were installed on the property along the Queen Victoria Street, Boulton Street and Park Lane frontages. 8.2 To date, no inquiries have been received following the sign being posted and notice mailed out. 9.0 AGENCY COMMENTS 9.1 At the writing of this report, comments have been received from Clarington Engineering Services, Clarington Emergency Services, Clarington Community Services, Clarington Building Division, Ganaraska Region Conservation Authority, Kawartha Pine Ridge School Board, Hydro One Networks Inc., Bell, Enbridge, Rogers and Clarington Heritage Committee. These comments have been forwarded to the applicant for review. REPORT NO.: PSD-001-07 PAGE 5 9.2 Clarington Emergency Services, Clarington Building Division, Clarington Community Services and Rogers have no objection to this development application. 9.3 Comments from Clarington Engineering Services provide no objection to the Official Plan Amendment or Zoning By-law Amendment and provide preliminary comments on the subdivision application. They have advised or requested the following: ? The Darcy Street unopened road allowance within the subject lands must be legally closed and conveyed into private ownership prior to approval of this plan. The Owner is required to obtain the approval of Council for the road closure and meet all the requirements pertaining to the legal closure of road allowances. All costs will be borne by the applicant. ? A 5.0 m x 5.0 m sight triangle is required at the intersection of Park Lane and Queen Victoria Street. ? The Preliminary Grading Plan to be submitted must conform to current Municipal guidelines. ? A storm water management report which demonstrates existing drainage patterns and the existing municipal drainage infrastructure in the subject watershed area will not be adversely affected as a result of development. This report will also be subject to the approval of the Ganaraska Region Conservation Authority. ? The applicant is required to provide the appropriate cash contribution in lieu of the normal parkland dedication. 9.4 The Regional Planning Department will not require a Regional Official Plan Amendment however the local official plan amendment application is not exempt from Regional approval. Full comments evaluating the applications have not yet been received from the Region. 9.5 Ganaraska Region Conservation Authority has no objection to the development of these lands as there are no natural hazards or natural heritage features affecting the subject property. Due to the proximity to Lake Ontario quantity control of stormwater in an on- site detention facility is not required. However further work to demonstrate the existing road-side ditches and culverts can convey the increased run-off from the site needs to be submitted. 9.7 Comments are outstanding from: ? Both the French and English Separate School Boards and the French Public School Board; and ? Region of Durham 10.0 STAFF COMMENTS 10.1 The application is for development of nine (9) residential dwelling units in the Rural Residential Cluster of Bond Head. The proposed dwellings will all be single detached homes, serviced by municipal water and private septic systems. Each dwelling will be accessed from an existing municipal street – Boulton Street, Park Lane or Queen Victoria Street. REPORT NO.: PSD-001-07 PAGE 6 10.2 This cluster is a historical settlement with homes dating back to the late 1800’s. Given the heritage character of the area, the Clarington Heritage Committee has suggested that the developer design dwellings in the architectural style of the existing dwellings. 10.3 Bond Head is a cluster with an unusual geography. Typically clusters are located at the intersection of two crossroads and the dwellings would be clustered on one or more quadrants of the intersection. Bond Head currently is in the shape of a “U” with a parcel of agricultural land in the middle. These applications seek to fill in the centre of the “U” shape with nine (9) additional residential lots. Attachment 2 illustrates the currently zoned limits of the Rural Residential Cluster of Bond Head which contains 40 existing lots, and potential for a total of 42 lots within the existing limits. 10.4 Due to the proximity of the existing cluster on the east, west and south sides of the subject lands, there are limited agricultural uses permitted. Ontario Ministry of Agriculture and Food’s Minimum Distance Separation policies prohibit the development of any intensive livestock operations on the subject parcel. 10.5 Municipal water service is available in Bond Head and there is capacity in the existing pipe for these proposed lots. Each lot will be individually serviced by a private septic system and is subject to Regional Health Unit approval. 10.6 The Municipality has been acquiring waterfront lands in Bond Head. Staff will be reviewing the proposal to determine the best approach for parkland development in the area. 11.0 CONCLUSIONS 11.1 In consideration of the issues raised and the agency comments not received at the writing of this report, and that the purpose of this meeting is to fulfill the Planning Act requirements for a Public Meeting, it is recommended that the application be referred back to staff for further processing. Attachments: Attachment 1 – Key Map Attachment 2 – Map of Rural Residential Cluster of Bond Head Attachment 3 – Official Plan Amendment Interested parties to be notified of Council and Committee's decision: D.G. Biddle & Associates Ltd. Barr’s Developments Limited g 0- Property Location Map ( Newcastle) G~ORGE HANNERS STr-ttl L- QUEEN VICTORIA STREET ~ QUEEN VICTORIA STREET DARCY STREET J 8 I ROAD AlLOWANCE 3 (ROAD "LLO"'ANCE UNOPEI'ED) ~ TO IE Cl.OSED "~2M6 sqJ'l.) I ~ 10 1111.... lQl.q..-& Z ~ Cl 4 ~ ~ I .... VI C5.1".J2sQ-f'.) N '" I I ltl.fh IPH IClJUIIl'3 I -- I .... u Cl z i~ ..J Cl 5 U <S427.89!1q.1'\.) .~ Q .... u Z 12G63P1 <t 07__ ~ )I Cl C ... ..J '" ~ t- <i c ... 6 ~ l .. (':I4~"75q.!'L) C ~ .... z '" '" W 120....... ... :>< N71__ II z 0- ~ ~~ll Cl . ~ '" 7 C3 '" ~4"9-" 1qA,) ~:..: I "";3'..- II I 1Ol$[1CI.31 5 ~@ n ". 0 L "...!_, ; I w :t: .... E! .. .... ... ... '" .... .. ..J d % 9 ~I 8 (4143.:52!iiq,"') c:;o J DNT ARID :J ~i jJ:l ~~ TU ZBA 2006-0029 ZONING BY-LAW AMENDMENT COfPA 2006-0003 Clarington Official Plan Amendment .~ I """ .." SC 2006-0002 Draft Plan of Subdivision Amendment -i o :;u CD -0 o ;4- 'lJ~ (f)- o~ I :r 03 ~CD I ::J 0- -.,J -" Owner: Barr's Development Ltd. , \~ " , \ I I I , I \ I \ I I , Attachment 2 To Report PSD-001-07 I . \ I \ I I . METCALF STREET :.:..: :: ,:' ~ ::~.:, : .:,:: ~.:.i:: .:.:.:.~.:.='.::.; .: ,,::: ,: .:. ~ ::~.:. : .:.:.~. , , l- ll.) ll.) a:: I- rJl rJl a:: ll.) z z <C ~ ll.) (9 a:: o ll.) (9 QUEEN VICTORIA STREET ..}.j8i8:~~6:~rJ:(J !!tl~1 j ';\'.~.r__~':"'':I!..'~' .<: 0:: I~:!.:fr~j({t(~~;i'~~~~ ~ :!,~'_~Hb~~.<?.~.i.~; <'~~~P..~.rty;~. Newcastle Village Urban Boundary tv ~ Lake Ontario Rural Residential Cluster of Bond Head ad ,... Attachment 3 To Report PSD-001-07 AMENDMENT NO._ TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Municipality of Clarington Official Plan is to permit the approval of a 9 lot residential subdivision within a minor expansion of the Bond Head Rural Residential Cluster. LOCATION: The subject site is located north of Bolton Street, west of Park Lane, Bond Head, within part of Lot 27, Broken Front Concession, Former Township of Clarke now in the Municipality of Clarington. BASIS: This amendment is based on the resolution of the General Purpose and Administration Committee on with respect to Official Plan Amendment Application ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended by adding a new Section 12.6.5 as follows: "12.6.5 Notwithstanding Section 12.6.2 and any other provisions of this Plan to the contrary the property north of Bolton Street, west of Park Lane, Bond Head, may be rezoned to permit a minor expansion of the Bond Head Rural Residential Cluster." 1M PLEM ENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended regarding implementation of the Plan shall apply to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this Amendment.