HomeMy WebLinkAboutPSD-059-07
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 22, 2007 '~e:dlA~0yl~qPA-35S-01
Report #: PSD-059-07 File #: ZBA 2007-0015 & S-C 2007-0004 By-law #:
Subject:
ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION TO
PERMIT THE DEVELOPMENT OF 1342 RESIDENTIAL UNITS
APPLICANTS: BAYSONG DEVELOPMENTS INC., 2084165 ONTARIO LTD.,
KIRK KEMP AND DOUGLAS KEMP
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-059-07 be received;
2. THAT the application for Draft Plan of Subdivision S-C-2007-0004 and application for
rezoning, ZBA 2007-0015 submitted by Baysong Developments Inc., 2084165 Ontario
Limited, Kirk Kemp and Douglas Kemp be referred back to staff for further processing;
3. THAT the applicants be required to pay their proportionate share of the Financial Impact
Analysis to assess the impact of this proposal on the Municipality; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Reviewed by: ~~
.P. Fr kinWu
tff Chief Administrative Officer
SA2*CS*CP*DJC*sh
May 11, 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-059-07
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant/Owner:
Baysong Developments Inc., 2084165 Ontario Limited, Kirk
Kemp and Douglas Kemp
1.2 Agent:
Tunney Planning Inc.
1.3 Proposed Draft Plan of Subdivision:
1342 unit residential Plan of Subdivision consisting of:
. 842 single detached dwellings on 10.0, 11.0, 12.0
13.5 and 15.0 metre lot frontages;
. 102 semi-detached dwelling units on 18 metre lot
frontages;
· 155 street townhouse units;
· 115 block townhouse units;
. 128 medium/high density residential units within a
mixed use block;
· 1 public elementary school block; and
· 2 park blocks.
1.4 Proposed Rezoning:
To change the current zoning on these properties from
"Agricultural Exception (A~ 1) Zone" to an appropriate zone to
permit the proposed development.
1.5 Area:
Baysong Developments Inc.
2084165 Ontario Limited
Kemp
TOTAL
46.841 hectares
15.119 hectares
12.583 hectares
74.543 hectares
2.0 LOCATION
2.1 The subject lands are located on the north side of Concession Road 3, west of Middle
Road and east of Regional Road 57, being in Part lots 13 and 14, Concession 3 in the
former Township of Darlington (Attachment 1).
3.0 BACKGROUND
3.1 On March 2, 2007, Baysong Developments Inc., 2084165 Ontario Inc., Kirk Kemp and
Douglas Kemp submitted applications for draft plan of subdivision and rezoning. The
subject applications propose a total of 1342 residential units consisting of single
detached, semi-detached, townhouse, medium and high density units.
3.2 The Northglen Landowners Group (Baysong Developments Inc., 2084165 Ontario
Limited, Kemp and Carruthers) have also submitted an application to amend the
Clarington Official Plan. The proposed Official Plan Amendment includes the subject
lands as well as encompassing the entire Northglen Neighbourhood. The Official Plan
REPORT NO.: PSD-059-07
PAGE 3
Amendment application is subject to a separate report on this agenda (PSD-058-07).
A draft plan of subdivision and rezoning application submitted by Kemp and Carruthers
for the lands on the east side of Middle Road, north of Concession Road 3, also within
the Northglen Neighbourhood is the subject of Staff Report PSD-060-07.
3.3 Supportinq Documentation
The applicants have provided the following documentation in support of the proposed
development applications:
3.3.1 Environmental Site Assessments. Phase 1
Four separate Phase 1 Environmental Site Assessments were carried out for each of
the four properties which combine to make up the land subject to these applications.
The findings of each of the assessments are summarized below (Attachment 2).
Bavsona Developments Inc.
The two properties owned by Baysong Developments Inc. encompasses the western
half of the subject lands. Two Phase 1 reports were submitted, one for each property.
The reports state there are two minor concerns centred on a fill pile near the former
barn and the adjacent operation of a wrecking yard. After further analysis, it was
determined that neither had any significant environmental impact on the property. The
reports concluded that the sites are suitable for the proposed residential development.
2084165 Ontario Limited
This property encompasses the northeast portion of the land subject to these
applications. The study concluded that neither the past or present use of the land or its
neighbouring properties has resulted in any significant environmental impacts. As such,
the site is suitable for the proposed development.
Kemp
This property is located on the southeast portion of the lands subject to the applications.
The majority of the site is currently an apple orchard, which has existed prior to 1974.
The results of the testing revealed no environmental contaminants exceeding the
Ontario Environmental Protection Act Standards for Residential/Parkland/Institutional
Property Use. No further testing is required and the site has been deemed appropriate
for the proposed residential development. It is recommended that any harmful debris
found during construction be removed and disposed of properly.
3.3.2 At the time of writing this report a Tree Preservation Plan, Noise Study, the Landscape
Analysis, Transportation Study and Financial Impact Analysis are outstanding. The
Municipality of Clarington is undertaking the Financial Impact Analysis.
4.0 LAND CHARACTERISTICS AND SURROUNDING USES
4.1 The northwest portion of the lands consist of a woodlot with some cleared areas in the
northern, western and southern sections of the property. The northeast property was
historically used for agriculture, but is now vacant, naturally vegetated land. There is a
REPORT NO.: PSD-059-07
PAGE 4
barn and building debris present on the land. An apple orchard is currently being
operated on the southeast property (owned by the Kemp family), with vacant, naturally
vegetated land to the north. Finally, the southwest portion of the lands consists primarily
of farmland. There exists a residential building and the remains of a barn on the
southwest corner of this property. The subject lands are relatively flat and generally
slope south towards Lake Ontario.
4.2 The surrounding uses are as follows:
North
Agricultural crops and rural residential, Quarry Lakes Golf Course
South
Concession Road 3 and beyond, existing Urban Residential, Hydro
One's work depot
East
Middle Road and beyond, orchards and rural residential and lands
subject to a proposed draft plan of subdivision
West
Regional Road 57 and beyond, Estate Residential, Bowmanville
Creek Valley
5.0 PROVINCIAL POLICY
5.1 Provincial Policy Statement
The 2005 Provincial Policy Statement encourages planning authorities to create
healthy, liveable and safe communities by accommodating an appropriate range and
mix of residential, employment, recreational and open space uses to meet long term
needs.
The subject applications are consistent with the 2005 Provincial Policy Statement as
they are proposing the development of a mixed use community with a range of housing
types and densities. The applicability of the Provincial Policy Statement is discussed in
greater detail in report, PSD-058-07.
5.2 Provincial Growth Plan
The Provincial Growth Plan encourages Municipalities to manage growth by directing
population growth to settlement areas. The subject applications generally conform to
the intent of. this document. A more detailed discussion of the applicability of the policy
is included in report, PSD-058-07.
6.0 OFFICIAL PLANS
6.1 Durham Reqional Official Plan
The Durham Region Official Plan designates the subject lands as Living Area. The
intent of this designation is to permit the development of primarily residential areas with
defined boundaries, incorporating the widest possible range of housing types, sizes and
tenure, developed in an efficient and cost effective manner. -
REPORT NO.: PSD-059-07
PAGE 5
In consideration of development applications within designated Living Areas, regard
shall be had for the intent of this plan to achieve the following:
· A compact urban form;
· The use of good urban design principles;
. The provision of convenient pedestrian access to public transit,
educational facilities and parks; and
· The grid pattern of roads.
6.2 Clarinqton Official Plan
6.2.1 The subject lands are designated Urban Residential within the Clarington Official Plan.
This designation is to ensure developments provide for a diverse range of housing. The
applicants have filed an Official Plan Amendment application to allow for the following:
. Increased housing and population targets; .
· Revisions to the road network;
. Revisions and additional medium density symbols; and
. Revisions to school and park requirements and locations.
6.2.2 The policies require that an Environmental Impact Study be undertaken for development
applications located within the Lake Iroquois Beach or within or adjacent to any natural
heritage feature on Map C of the Official Plan and any significant natural heritage
feature which may exist but which is not presently identified on Map C. The majority of
the Northglen Neighbourhood is located on the Lake Iroquois Beach. Significant
Woodlots and Significant Valleylands are also identified on Map C. The applicants have
prepared an EIS which is being finalized.
6.2.3 In addition to the woodlot being preserved through the EIS, there are a number of trees
on the property of various species and health. As such, the preparation of a Tree
Preservation Plan is required to identify those trees that can be preserved and
contribute to the natural heritage of the neighbourhood.
6.2.4 The Official Plan encourages the conservation and enhancement of cultural heritage
resources. One residential structure on the subject lands has been recognized as a
Primary Heritage structure on the Municipality's heritage resources list. Where a
structure is recognized on the heritage resource list, the Municipality will allow
alterations, renovations, additions or repairs provided the proposed changes are
compatible and consistent with the building and surrounding area. The Municipality
discourages demolition or the inappropriate alteration of a heritage resource.
6.2.5 A Neighbourhood Centre designation is designated at the northeast corner of Regional
Road 57 and Concession Road 3, within the subject lands. Neighbourhood Centres are
to serve as focal points for residential communities and provide for day to day retail and
service needs. The maximum gross leasable floorspace shall be 5000 m2.
Neighbourhood Centres are intended to be developed with adjacent areas such as
transit nodes containing higher density residential uses, recreation, community, cultural
and institution uses.
REPORT NO.: PSD-059-07
PAGE 6
6.2.6 The Clarington Official Plan states prior to consideration and approval of a plan of
subdivision, the Municipality shall require the preparation of a Neighbourhood Design
Plan. The plan shall be prepared in consultation with the Municipality and other
agencies. A Neighbourhood Design Plan is a visual interpretation of the future
development of a neighbourhood. The applicants have prepared a Neighbourhood
Design Plan which is under review by the Planning Department. It was the subject of a
peer review workshop last year. An open house was held in February of this year.
6.2.7 The Clarington Official Plan states that the Municipality may require a Financial Impact
Analysis to be undertaken for major development proposals. Where such an analysis
demonstrates that the development will have an adverse effect on the Municipality's
financial situation, the development will be considered to be premature and contrary to
the intent of the Official Plan. Staff have advised the applicants that such a study is
required and will be undertaken by staff with the assistance of a consultant at the
applicants' expense.
7.0 ZONING BY-LAW
7.1 Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1) Zone". The
proposed development does not comply with the provisions of this zone and therefore
the subject Zoning By-law Amendment is required.
8.0 PUBLIC NOTICE
8.1 Joint public notice of the subject applications was given by mail to each landowner
within the Northglen Neighbourhood and within 120 metres of the subject lands. Public
notice signs were installed along the Regional Road 57, Concession Road 3 and Middle
Road frontages.
8.2 Submissions received with respect to these applications, as of the time of writing, are
documented in PSD-058-07.
9.0 AGENCY COMMENTS
9.1 The subject applications for draft plan of subdivision and rezoning were circulated to
various agencies and departments. The Official Plan Amendment application and
Neighbourhood Design Plan were circulated separately. Clarington Building and Rogers
Cable have offered no objections to the proposed applications.
9.2 Clarington Emergency Services has reviewed the proposal and requested that roads
greater than 90 metres long are to provide turn around facilities regardless of whether
the dead ends are temporary or permanent. They have also requested a more detailed
drawing of the round-a-bout connecting Street A to Street B to determine compliance
with road widths and turning radii.
REPORT NO.: PSD-059-07
PAGE 7
9.3 Clarington Operations has indicated that they do not have any objections at this time.
They require an upstream stormwater interceptor complete with man-hole clean-out and
access by vacuum truck. In addition, a contribution of $20,000 for future maintenance of
the pond will be required.
9.4 Bell Canada has determined that a telecommunication facility easement will be required
to service the subject lands. As such, the draft plan of subdivision should be revised to
reflect a 10m x 10m easement.
9.5 Clarington Engineering has reviewed the subject applications and provided the following
comments:
Road Dedication
Sight triangles proposed for arterial road intersections must be revised to meet the
Municipality's criteria. Also, a 5.0 metre road widening to be dedicated to the
Municipality is required on the north side of Concession Road 3 and 3.0 metre
dedication is required on either side of Middle Road.
Transportation Issues
The applicant is preparing a transportation study which is to address the concerns
expressed by the Engineering Department pertaining to current traffic and future traffic
volumes, and recommendations for traffic control measures for Regional Road 57,
Concession Road 3 and Middle Road. The applicant will also be responsible for an on-
street parking plan.
The applicants have been requested to provide detail engineering design for the
proposed round-a-bout. At such time as the design is reviewed and is deemed
acceptable to the Director of Engineering Services, the preferred location for the round-
a-bout will be confirmed.
Concerns have also been expressed with regards to the number of temporary dead end
streets that are proposed. All temporary dead end streets must provide sufficient width
to accommodate a temporary turning circle.
Phasinq
Phasing of the subject draft plan will be restricted by the number of external accesses
available. Full development of the draft plan will require all external accesses to be
constructed.
Development Charae By-law
Development cannot proceed until such time as the Municipality has approved
expenditure of funds for the provision of the urbanization and reconstruction of
Concession Road 3 and Middle Road including sidewalks and street illumination as well
as entrance works or services which have been included in the Municipality's
Development Charge By-law and have been deemed necessary by the Director of
Engineering Services.
REPORT NO.: PSD-059-07
PAGE 8
Gradinq and Drainaqe
The Engineering Department is requiring that a Preliminary Stormwater Management
Report be completed in order to determine the size and location of the stormwater
management facility. The Department is also requiring a Preliminary Lot Grading and
Drainage Plan that demonstrates that all lots and blocks can be graded in accordance
with Municipal criteria.
9.6 Comments remain outstanding from a number of departments and agencies at this time.
1 0.0 STAFF COMMENTS
10.1 Baysong Developments Inc., 2084165 Ontario Ltd, and Kirk and Douglas Kemp own the
three properties subject to these applications, equal to approximately 40% of the lands
within the Northglen Neighbourhood. These landowners have submitted one rezoning
application and one application for draft plan of subdivision. .
10.2 Density
10.2.1 The densities of this plan of subdivision must conform to the Neighbourhood Design
Plan(NDP) and the Official Plan Amendment as ultimately approved. The subject plan of
subdivision for 944 low density residential units and 398 medium density units. The
proposed densities for this plan of subdivision appear to remain within the low and
medium residential density targets. Staff have been reviewing the densities of the
proposed subdivision application together with the proposed NDP and Official Plan
Amendment. There are some discrepancies to rationalize between the subdivision
submission and the NDP submission. Through the Official Plan Amendment, staff will
ensure that the proposed number of units and mix is consistent with the developments
in other neighbourhoods in Bowmanville. Staff are working with the consultant to
ensure the subdivision and NDP submission match.
10.2.2 Park Block 958, is required to have a frontage on a public street equal to a minimum of
25% of park perimeter. It is recommended that 3 lots on street "U" be eliminated to
achieve this. This will give the proposed park block additional street frontage and
therefore greater visual presence.
10.3 Mixed Use Commercial Block
Baysong Developments Inc. is proposing a mixed use commercial block in the
southwest corner of the subject lands. The lands are designated as a Neighbourhood
Centre which permits a maximum retail f100rspace of 5000 square metres and Medium
and High Density residential uses are also designated. The applicant has provided a
conceptual plan which includes medium and high density uses and retail f1oorspace, a
stormwater management pond and a parkette. The amount of retail f100rspace and the
proposed number of residential units are not identified on the conceptual plan.
Therefore, staff is unable to determine whether the proposal conforms to the Official
Plan. The concept plan and the commercial block will be subject to site plan approval.
REPORT NO.: PSD-059-07
PAGE 9
10.4 Road Pattern
10.4.1 The proposed road pattern is a loose representation of the desired grid system.
Proposed Streets "A' and 'B' are to serve as the collector roads within the development.
The proposal also includes a network of 20 metres and 18 metres wide local roads. The
plan of subdivision proposes six accesses to the surrounding arterial roads being
Regional Road 57 to the west, Concession Road 3 to the south and Middle Road to the
east of the subject lands. Given the extent of the subject applications, a Transportation
Study has been requested.
10.4.2 The use of a round-a-bout is proposed a central feature of this development. Both
Planning and Engineering staff support the use of this distinct transportation and
neighbourhood feature. However, at such time as the engineering details on the
proposed round-a-bout have been submitted, reviewed and approved by the Director of
Engineering, the preferred location(s) for the round-a-bout along the proposed east-
west collector will be determined.
10.5 Cultural Heritaqe
There is a primary heritage structure located at 3222 Middle Road. This property is not
within the subject draft plan of subdivision. However, the underlying lot fabric has been
identified and this property is to be incorporated into future development. Staff would
prefer that this structure be retained and incorporated into the plan of subdivision's
design and development.
10.6 Housinq Mix and Lot Confiquration
10.6.1 The plan of subdivision proposes an appropriate mix of residential forms and densities
including primarily single detached, semi-detached and townhouse units. The applicant
has requested single detached dwelling lots with minimum frontages of 10.0, 11.0, 12.0,
13.5, 15.0 metres. This would result in 10.0 metres being the smallest single detached
lot frontage. The 15.0 metre frontages are the largest of the proposed single detached
lots. These lots are concentrated along the northern limit of the plan of subdivision as
well as backing onto the environmentally protected lands in the northeast corner.
The applicant has also proposed traditional semi-detached dwelling units on 18.0 metre
lot frontages. These lots are distributed throughout the mid-west portion of the plan of
subdivision, to the west of the proposed central park block.
In addition, 7.0 metre wide street townhouses as well as block townhouses are
proposed and are primarily located in the southern portion of the draft plan of
subdivision. This broad range of lot frontages will lay the foundation for a variety of
housing types and further enhance Bowmanville's increasingly diverse housing stock.
10.6.2 Lots should be reconfigured to minimize the need for future noise fencing wherever
possible. This includes re-orientating lots to face the window streets to protect the
outdoor amenity areas from potential noise pollution and reduce the need for fencing.
REPORT NO.: PSD-059-07
PAGE 10
10.6.3 Staff have expressed concern for instances where single lots of a different frontage are
interspersed with groupings of lots homogenous in size. It is felt that these irregularly
placed lots will create an interrupted streetscape more so than providing for an
interesting fayade, which may have been the intent.
10.7 Neiqhbourhood Desiqn Plan
The proponents have also submitted a Neighbourhood Design Plan to provide a visual
representation of the entire neighbourhood, beyond those lands subject to these
applications. It includes road alignments, sidewalks, trails and pedestrian nodes, lotting
patterns, schools, parks, open space systems and stormwater management facilities.
Reduced road widths are also being explored through this process. Detailed
comments on the NDP have been provided to the applicants. Many of the issues
identified in this report are contained in those comments:
10.8 Financial Impact Analysis
The servicing and road infrastructure required to support development in this
neighbourhood is forecasted in the Municipality's Development Charges background
study for sometime beyond 2011. Staff has advised the proponents that a Financial
Impact Analysis is required to ascertain if the development will have any adverse effects
on the Municipality's financial situation. In this regard Staff initiated this process for the
Northglen Neighbourhood as well as other neighbourhoods; among them are Brookhill
and North Newcastle Village. The proponents have been advised that they are
responsible for their proportionate share of the cost of the study.
10.9 Parkinq
An on-street parking plan will be required prior to draft approval to ensure that there is
sufficient on-street parking for visitors available within the proposed plan of subdivision.
11.0 CONCLUSION
11.1 The purpose of this report is to provide information for the public meeting under the
Planning Act. Staff respectfully request that this report be referred back to staff for
further processing, receipt of outstanding comments and documents and the
preparation of a subsequent report.
Attachment:
Attachment 1 - Key Map
Attachment 2 - Land Ownership
Attachment 3 - Subdivision Layout
List of interested parties to be advised of Council's decision:
Baysong Developments Inc. Carruthers Family
2084165 Ontario Limited Mike Dome
Kirk Kemp Grant Martin
Douglas Kemp Florence Cinquemani
Attachment 1
To Report PSD-059-07
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eport PSD-059-07
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To Report PSD-059-07
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