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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, May 22, 2007
Report #:
PSD-057 -07
File #: ZBA 2006-0008
and S-C-2006-0001
Ke:x:>\~t;on*~PA -35'3-01
By-law #:
Subject:
REZONING AND PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT
THE DEVELOPMENT OF 48 RESIDENTIAL UNITS
APPLICANT: BLACK CREEK DEVELOPMENTS LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-057-07 be received;
2. THAT the proposed Draft Plan of Subdivision and Zoning By-law Amendment,
submitted by Black Creek Developments Ltd. to permit the development of 48
residential units be referred back for further processing and the preparation of a
subsequent report; and
3. THAT the applicant, Region of Durham, all interested parties listed in this report and any
delegations be advised of Council's decision.
Reviewed by: a~
.J...,t Franklin Wu,
- 0 Chief Administrative Officer
BR*CP*DJC*sn/sh
11 May 2007
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-057-07
PAGE 2
APPLICATION DETAILS
1.0
1.1
1.2
Applicant:
Owner:
Black Creek Developments Ltd.
(same as applicant)
1.3
Proposed Draft Approved Plan of Subdivision:
The proposed Draft Plan of Subdivision includes 48 single
detached dwellings consisting of 24 lots with minimum 12 metre lot
frontages, 24 lots with minimum 15 metre lot frontages, and a
0.338 ha (0.835 acre) Open Space Block.
1.4 Rezoning:
To change the "Agricultural (A)" zone and the "Environmental
Protection (EP)" zone to zones to permit the development of the
proposed Draft Plan of Subdivision.
1.5 Area:
3.077 hectares (7.603 acres)
1.6 Location:
The subject lands are generally located west of Courtice Road,
north of Westmore Street, east of Jane Avenue and they provide for
the extension of George Reynolds Drive (Attachment 1).
2.0 BACKGROUND
2.1 On February 28, 2006, Black Creek Developments Ltd. submitted applications to amend
the Zoning By-law along with an application requesting approval of a Draft Plan of
Subdivision.
2.2 A Public Meeting was held on May 8, 2006 but an error in the public notice mail-out
invalidated that public meeting and necessitated this public meeting. In the last year,
additional agency comments have arrived since the first public meeting and the
segment of George Reynolds Drive between Courtice Road and the Black Creek
tributary valleylands has generally been constructed with only final details unfinished.
This connection was a condition of draft approval for the lands within the subdivision to
the west, Plan 18T-95029, now registered Plans 40M-2213 and 40M-2317. The
required Environmental Impact Study (EIS) Addendum had not been started a year ago
but since then has been completed to the draft final stage.
2.3 Studies submitted in support of the applications include:
. Phase One Environmental Site Assessment
. Soil Investigation Report
. Noise Impact Study
. Noise Impact Study Addendum Report
. Lot Grading Plan
. Street Parking Layout Plan
REPORT NO.: PSD-057-07
PAGE 3
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject lands are currently vacant. They are divided into two parcels, the larger
parcel south of the new segment of George Reynolds Drive and the smaller parcel north
of the above roadway. The portion of land abutting either side of George Reynolds
Drive was cleared and serviced in preparation for the construction of George Reynolds
Drive to Courtice Road. The majority of the subject lands contain pine and birch trees.
3.2 Surrounding Uses
East -
Vacant and large lot single detached dwellings fronting on Courtice Road
Residential, single detached dwellings, fronting on Courtice Road and on
local streets west of Courtice Road
Courtice Road and beyond, Agricultural and large lot single detached
dwellings fronting on Courtice Road
Vacant residential lots fronting on the Jane Avenue and George Reynolds
Drive extensions, and beyond the Black Creek tributary valleylands
North -
South -
West -
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
The Provincial Policy Statement requires planning authorities to provide for a range of
housing types and densities, with a ten year supply of lands for residential growth and a
three year supply of residential units on zoned and serviced lands within draft approved
and registered plans. Land and unit supply is to be based on and reflect population and
unit allocations which are identified in municipal official plans.
The Provincial Policy Statement notes development shall not be permitted on lands
adjacent to natural heritage features unless the ecological function of the lands has
been evaluated and it has been demonstrated that there will be no negative impacts on
the natural features or their ecological functions.
4.2 Provincial Growth Plan
The Growth Plan encourages growth in built-up areas, in short, intensification. The
Growth Plan provides direction for better utilization of existing infrastructure, while other
policies speak to the wise use and management of natural heritage.
REPORT NO.: PsD-057-07
PAGE 4
5.0 OFFICIAL PLANS
5.1 Durham Reqion Official Plan
The Durham Region Official Plan designates the subject lands as Living Area. Lands
designated as Living Area permit the development of communities with defined
boundaries, incorporating the widest possible variety of housing types, sizes and tenure.
5.2 Clarinqton Official Plan
The Clarington Official Plan designates the subject lands as Urban Residential. The
lands are within the Glenview Neighbourhood, which has a population target of 3100
people and a housing target of 1135 units.
Low Density residential uses shall be developed at 10-30 net units per residential
hectare. The predominant housing form shall be single detached, semi-detached/link
and duplex to a maximum height of 2.5 storeys.
The Clarington Official Plan policies require an Environmental Impact Study (EIS) be
undertaken for development applications located on lands within or adjacent to the Lake
Iroquois Beach, or any natural heritage feature identified on Map C. An EIS is also
required where development proposals are located within 120 metres of the boundary of
a wetland or a wetland complex. An EIS Addendum, in accordance with policies of the
Clarington Official Plan, has been undertaken for the development. The expense has
been borne by the proponent.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands "Environmental Protection (EP)" and
"Agricultural (A)". A zoning by-law amendment will be required in order for development
to proceed.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public Notice was given by mail to each landowner within 120 metres of the subject
property. Public Meeting signs were installed in three places: on the Courtice Road
frontage, and near the east-west mid-point of the new segment of George Reynolds
Drive, on both the south and north sides of the new roadway. The signs were posted 22
days prior to the public meeting date.
7.2 As a result of the public notification process, to date, the Planning Services Department
has received one counter inquiry from a neighbourhood resident to the south. He had
received the public notice mail-out and was satisfied with the lots on George Reynolds
Drive but noted the lots on Skinner Court were smaller than the lots on George
Reynolds and his neighbourhood to the south and therefore, the Skinner Court lots were
in his view, out of character with the surrounding neighbourhood. Staff explained that
infill and a range of housing types and densities is appropriate in new development in
REPORT NO.: PsD-057-07
PAGE 5
urban areas. He requested staff review the Skinner Court lot areas/frontages with a
view to making modifications to them that would make them more similar to the housing
immediately north and south.
A telephone inquiry came from a Courtice resident who stated she understood there
would be no housing north of George Reynolds Drive since that entire area was in her
understanding, part of the provincially significant wetland. Staff explained the southern
limit of the above wetland was more in line with the subdivision property boundary than
the street, there would be one bank of housing to the north fronting on George Reynolds
and behind it would be an open space block acting to buffer the wetland from the bank
of housing. Staff said the matter would be looked into further.
One inquiry came bye-mail. He was looking for general information on the proposal
and such was provided to him.
8.0 AGENCY COMMENTS
8.1 Comments have been received from the majority of the circulated departments and
agencies.
8.2 Clarington Emergency & Fire Services, Hydro One Networks Inc. and Rogers Cable
offered no comments or objections on the proposed applications.
8.3 The Kawartha Pine Ridge District School Board advised that the proposal would
generate between 11 and 14 students to Courtice North Public School which is currently
over capacity with 6 portables on site and 7 students to Courtice Secondary School.
The Board requests sidewalks on all interior roads. The Board has no objections to the
applications.
8.4 Bell Canada requested two standard conditions of draft approval but had no other
concerns.
8.5 Central Lake Ontario Conservation has commented that an Environmental Impact Study
(EIS) is required and that they cannot offer final comments and conditions of draft
approval until the EIS has been satisfactorily completed. The Conservation Authority,
as is the norm, has partnered with Clarington Planning to oversee the preparation of an
EIS Addendum which has been taken to the draft final stage. The Addendum approach
recognizes the Birchdale Village Slack Creek Developments Phase 2 EIS as providing
background to the Addendum. The Final Version of the EIS Addendum will be
completed soon and it is anticipated the Authority will shortly thereafter provide final
positive comments on the subdivision and its conditions of draft approval.
8.6 Clarington Engineering Services has provided comments requesting a revised driveway
layout on a couple of lots, a detailed On-Street Parking Layout Plan and the need for
the subdivision to be one phase. A few concerns with the (Preliminary) Lot Grading
Plan as it pertains to Courtice Road, the open space block and a couple of lots as well
as some drainage details were also noted.
REPORT NO.: PsD-057-07
PAGE 6
8.7 Enbridge Gas has provided comments for two standard conditions of draft approval but
had no other concerns.
8.8 Regarding outstanding comments, apart from Central Lake Ontario Conservation
comments, which are discussed in Section 8.5 above, the Regional Planning
Department has yet to provide the Region's final comments and conditions of draft
approval. At such time as the Region's review of the Noise Impact Study and the
Addendum Report to this Study is done, and when it has received a copy of the Final
Version of the EIS Addendum final comments and conditions of approval will be
provided. The Separate School Board has yet to comment.
9.0 STAFF COMMENTS
9.1 Due to the location of the proposed development within the Lake Iroquois Beach and it's
proximity to the Harmony-Farewell Iroquois Beach PSW, significant woodlands and
significant valleylands, as identified on Schedule C of the Clarington Official Plan, an
Environmental Impact Study (EIS) is required in accordance with the Official Plan
policies. In 1998 an EIS was submitted by the applicant in support of Birchdale Village
(18T-95029) located to the west of the current application. The subject property was
included as part of the subject area for that EIS, which was subsequently approved by
the Municipality and the Central Lake Ontario Conservation Authority. Since the 1998
EIS partially addressed the subject property, staff, in consultation with the Central Lake
Ontario Conservation Authority, determined that the EIS requirements can be
addressed through an addendum to the original report. The addendum is to provide
specific details and recommendations on the current proposal. The addendum
addresses the Harmony-Farewell Iroquois Beach PSW, released since the 1998 EIS.
This Addendum Report has been completed to the draft final stage.
9.2 The proposed plan of subdivision incorporates an open space block immediately
abutting the north limits of the residential lots north of George Reynolds Drive. Staff is
reviewing the appropriateness of the Open Space Block in terms of ownership, size,
access, and location with the Central Lake Ontario Conservation Authority. The EIS
Addendum Report examined this Block to determine if it provides an appropriate buffer
for the provincially significant wetland located directly to the north and concluded it did.
9.3 The proposal deviates from the Glenview Neighbourhood Design Plan as a connection
to the lands to the north of the subject property is not provided in the vicinity of Lots 42
and 43 (see Attachment 1). This would limit development potential of the lands to the
north. However, since the approval of the Glenview Neighbourhood Design Plan the
new Harmony-Farewell Iroquois Beach Provincially Significant Wetland (PSW) has
been identified on lands in the vicinity of Block 51. The EIS Addendum, building on the
background provided by the Birchdale Village EIS, makes recommendations for no
development of these lands. This leads to a modification to the Glenview
Neighbourhood Design Plan. Given the location of the new Provincially Significant
Wetland on the lands to the north, it is necessary to remove, from the Glenview
Neighbourhood Design Plan, the road stub off of George Reynolds Drive and pointing to
the lands to the north.
REPORT NO.: PsD-057-07
PAGE 7
9.4 Although, it is Council's position to avoid cul-de-sacs in favour of a grid street network,
the applicant has designed Skinner Court in accordance with the approved Glenview
Neighbourhood Design Plan.
10.0 CONCLUSION
10.1 The purpose of this report is to provide information for the Public Meeting required
under the Planning Act. Staff respectfully requests that this report be referred back to
staff for further processing and the preparation of a subsequent report.
Attachments:
Attachment 1 - Key Map
List of interested parties to be advised of Council's decision:
Natalie Nowsosad
D. G. Biddle & Associates Ltd.
Black Creek Developments Ltd.
Friends of Second Marsh
Libby Racansky
Linda Gasser
Dale Degray
William Bickle
John Tepelenas
Mike Dome
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Attachment 1
To Report PSD-057-07
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