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HomeMy WebLinkAboutPSD-017-07 C![iggton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: PSD-017-07 File #: 18T-86012 GPA, o~t) -0; By-law #: Date: Monday, February 5, 2007 Subject: TYRONE SUBDIVISION - AMENDMENT TO DRAFT APPROVAL APPLlCANT:464367 ONTARIO LTD. (BOB CRAIG) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-017-07 be received; 2. THAT the application to amend Draft Approved Plan of Subdivision 18T -86012, 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 Report PSD-017-07 and any delegations be advised of Council's decision. Submitted by: Datd J. Crome, M.C.I.P., R.P.P. Director, Planning Services Reviewed by: J ~~~ Franklin Wu Chief Administrative Officer January 30, 2007 BR/CP/DJC/df/sh 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-017-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 464367 Ontario Ltd. (Bob Craig) 1.2 Proposed Amendment to Draft Approved Plan of Subdivision: The number of residential units is being reduced from nine (9) to seven (7). 1.3 Plan Area: 3.65 hectares (9.02 acres) 1.4 Location: Tyrone, north of Concession Road 7 and west of Liberty Street North 2.0 BACKGROUND 2.1 On August 8, 2006, the Planning Services Department received from 464367 Ontario Ltd. (Bob Craig) the subject application to amend the Draft Approved Plan of Subdivision. 2.2 The existing draft approved plan, as amended August 24, 1989, provided for nine (9) lots with a minimum lot area of 0.3 hectares (0.75 acres). Planning and other regulatory standards have changed since then and to help facilitate final approval of the subdivision, the applicant is revising the proposal downward to seven (7) lots to conform with current Ministry of the Environment standards for nitrate dilution. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is within the Hamlet of Tyrone and vacant. 3.2 The surrounding land uses are as follows: North - South - East - West - vacant detached dwellings detached dwellings Tyrone Community Hall 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 a public notice sign was installed on the property's Liberty Street North frontage. The sign was posted 28 days prior to the public meeting date. 4.2 As a result of the public notification process, to date, the Planning Services Department has received one telephone inquiry from a potential lot purchaser. REPORT NO.: PSD-017-07 PAGE 3 5.0 PROVINCIAL POLICY 5.1 Provincial Policy Statement The proposal when built will round out the Hamlet of Tyrone in its northwest quadrant. This is consistent with the Statement's requirement for settlement areas to be the focus of growth and for their vitality and regeneration to be promoted. The proposal is not a Hamlet expansion but instead represents development within the hamlet limits. 5.2 Greenbelt Plan Development within hamlets such as Tyrone, identified in local Official Plans, is not subject to the policies of the Greenbelt Plan. The Clarington Official Plan policies govern the development of new lots within the existing boundary. The Greenbelt Plan permits infill and intensification of hamlets subject to appropriate water and sewage services. 6.0 OFFICIAL PLANS 6.1 Reaional Official Plan The Regional Official Plan designates the subject property as within the hamlet symbol given its designation in the local (Clarington) Official Plan. This proposal conforms. 6.2 Clarinaton Official Plan The Clarington Official Plan designates the subject property as Hamlet Residential. The proposed use conforms. This amendment to draft approved plan of subdivision application was accompanied by a comprehensive report on: analysis of the area's hydrogeological regime, assessment of both the long-term suitability of the soil for private sewage disposal (septic systems) and surface drainage. This report was subjected to a peer review process conducted by a consultant working for the Region and in short, the findings were validated. 7.0 ZONING BY-LAW 7.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned "Holding - Residential Hamlet ((H)RH) Zone" with the exception of the front or east end of the subdivision road allowance which is "Residential Hamlet (RH) Zone". This proposal conforms. 8.0 AGENCY COMMENTS 8.1 The application to amend the Draft Approved Plan of Subdivision was circulated to various agencies and other departments by the Planning Services Department. Clarington Emergency and Fire Services, the Clarington Building Division, the public school board and Rogers Cable had no objections. Other comments received to date are as follows. REPORT NO.: PSD-017-07 PAGE 4 8.2 The separate school board requested safe pedestrian routes and street crossings as well as traffic planning to facilitate school bus movements. 8.3 Clarington Operations Department noted that in the Venton Court Subdivision, directly east of this proposal there is an on going drainage problem and there is a concern that this development may contribute further to the stormwater issues that exist to the east. It would be expected that all stormwater will be addressed on the proposed site. The applicant has submitted a revised Amending Draft Plan, a revised preliminary lot grading plan and an explanatory cover letter, all of which are in re-circulation to the few agencies/departments that had concerns, including Clarington Operations Department. 8.4 The Regional Health Department noted the Gibson and Associates Report is unclear about what is to be done with the existing dug wells on the down-gradient adjacent existing lots. Regional Health is working with Regional Planning to formulate the Region's revised Conditions of Draft Approval. 8.5 Clarington Engineering Services Department required a single 5.0 metre x 5.0 metre sight triangle on the south side of the intersection of Street A and Liberty Street. A triangle is not required on the north side of the intersection due to a previous road dedication. The Department noted the applicant proposes to relocate the entrance to the residence on the southwest corner of Street 'A' and Liberty St. N. Written confirmation of their concurrence must be submitted. A boulevard retaining wall is proposed for the south side of the internal street situated adjacent to an existing residential property. Boulevard retaining walls are generally not permitted and alternative design options should be considered. A significant amount of drainage water from the subject lands will be conveyed onto private property to the northeast. It is not clear if a drainage easement has been secured that will properly accommodate this drainage water. Additional engineering details will be required for the works that will be constructed within the drainage easement. There are existing historic drainage problems downstream of this development. The applicants engineer must demonstrate that the post development drainage that is conveyed onto adjacent private property and the Liberty Street North road allowance will be restricted to pre-development levels and will not exacerbate the existing problem. The applicant has recently submitted a revised Amending Draft Plan, a revised preliminary lot grading plan and an explanatory cover letter, all of which have been re-circulated to the few agencies/departments that had concerns, including Clarington Engineering Services. 8.6 Central Lake Ontario Conservation notes Authority staff supports the plan of subdivision in principle but requires additional detailed information on the design of the drainage easement from Lots 5 and 6 through an easement on private property east to Liberty Street North. The easement must be adequate for 100 year storms despite the reduction in land area that will be drained by it. The revised circulation is expected to address this issue. It is understood drainage from roof leaders, front yards and the road will be conveyed to the subdivision's road allowance ditch but not the Liberty Street North ditch. Instead it will be conveyed across Liberty Street and through the Venton Court subdivision. Design details confirming the adequacy of this scheme must be provided. REPORT NO.: PSD-017 -07 PAGE 5 The side yard swale of Lots 2 and 3 outlets toward private property whereas it should go to Tyrone Community Park property and the existing drainage channel. The Authority requests Conditions of Draft Approval that require, prior to on-site work or final approval of the plan, the submission to the Authority and Clarington and obtain approval from same, for reports on: conveyance of stormwater in accordance with provincial guidelines, proposal impact on water quality for fish and wildlife after mitigation, erosion and sedimentation control in accordance with provincial guidelines and the Canada Fisheries Act. The Authority requires the subdivision agreement stipulate the Owner is to maintain all stormwater and erosion/sedimentation structures in a manner satisfactory to the Authority and is to provide 48 hours notice prior to on-site work. 9.0 STAFF COMMENTS 9.1 The number of residential units is being reduced from nine (9) to seven (7). Planning and other regulatory standards have changed since the Amendment to Draft Approval permitting nine (9) units was approved (1989) and to help facilitate this subdivision's final approval, the applicant has taken the initiative to bring the plan into conformity with current standards particularly in regard to hydrogeological and soils conditions as they affect private servicing schemes. This has resulted in the proposal being revised downward to seven (7) detached units. 9.2 The consultant, Walter GibsOh, in response to the Regional Health Department concern, prepared a letter that noted there was only one dug well that supplied potable water to a dwelling on the down-gradient adjacent lots. It was further noted that the property owner/resident with the above dwelling had told the consultant they were entirely satisfied with the dug well water supply, to their knowledge the dug well had never had a supply disruption and he preferred keeping the existing large diameter well rather than replacing it with a deeper drilled well. The response letter commented that the hydrogeologic study had concluded that there is no known well supply problem along the down-gradient, east side of the development property and as such, no remediation plan for the existing private wells of Tyrone. 9.3 Staff endorses the walkway location provided in the plan, however, has requested that it be widened to 6 metres. With this subdivision amendment proposal, energy conservation will be ensured through draft approval condition, which requires the submission of an energy management plan. A landscaping plan, acceptable to the Directors of Planning Services and Engineering Services will also have to be submitted. 10.0 CONCLUSIONS 10.1 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, and it is appropriate to have the application referred back to staff for further processing. 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