HomeMy WebLinkAboutPSD-130-07
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
~eso\~J,:,(rYltt;f~-i3g -CfJ
Meeting:
Monday, November 19, 2007
Report #: PSD-130-07
File #: COPA 2007-0001 By-law #:.
ZBA 2007-0003 and S-C-2007-0002
Subject: . APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND
ZONING BY-LAW AND FOR DRAFT PLAN OF SUBDIVISION TO PERMIT
THE DEVELOPMENT OF 37 SINGLE DETACHED DWELLING UNITS
APPLICANT: COURTICE HOMESTEAD LAND CORPORATION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-130-07 be received;
2. THAT the applications to amend the Clarington Official Plan & Zoning By-law 84-63;
and to Draft Approve Plan of Subdivision S-C-2007 -0002, be referred back to staff for
further processing and the preparation of a subsequent report following the receipt of
the Environmental Impact Study Final Report and outstanding agency comments; and
3. THAT all interested parties listed in Report PSD-130-07 and any delegations be advised
of Council's decision.
Submitted by:
,./'
v d . Crome, M.C.I.P., R.P.P.
Director, Planning Services
,./.,
Reviewed by: f:.td{,t[ju
w anklin Wu
/t- Chief Administrative Officer
November 13, 2007
BR*CP*DJC*av*df
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L lC 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-130-07
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant:
Courtice Homestead Land Corporation
1.2 Owner:
same as applicant
1.3 Applications:
Official Plan Amendment
1) to delete the "Type C Arterial Road" (Adelaide Avenue)
designation east of Trulls Road;
2) to adjust the southern limits of Special Study Area 5
northerly and to redesignate the subject lands "Urban
Residential Area"
Proposed Draft Plan of Subdivision
To permit the development of 37 single detached dwelling units
consisting of 18,10.0 metre minimum frontage lots and 19,12.0
metre minimum frontage lots.
Zonina Bv-Iaw Amendment
To permit the development of the proposed plan of subdivision.
1.4 Area:
6.92 hectares (17.10 acres)
1.5 Location:
East of Trulls Road, North of Daiseyfield Avenue, Courtice
2.0 BACKGROUND
2.1 On December 18, 2006, Courtice Homestead Land Corporation submitted applications
to amend the Clarington Official Plan and Zoning By-law and an application for a draft
Plan of Subdivision to permit 61 single detached dwelling units.
2.2 The subdivision application proposed to develop all of the applicant's land holdings.
During staff review of the three applications, it was determined that approximately 100
metres of the subject property and a portion of the 61 unit proposed plan of subdivision
extends into Special Study Area 5 - Farewell Heights (East). The Clarington Official
Plan states that in the absence of coincident physical features only minor deviations to
the boundary may be permitted without amendment provided such deviations do not
alter the intent of the plan. A boundary line adjustment was not considered minor. All of
the land added to the Courtice Urban Area in the 1991 Regional Official Plan was meant
to be Special Study Area given the environmental sensitivity of the area. The Clarington
Official Plan states the Special Study Area 5 development is not required for residential
development in the Plan's timeframe (to 2016).
2.3 Planning staff discussed with the applicant and his consultants the fact that the north
portion of the proposed subdivision was within Special Study Area 5. Prior to
consideration of a plan of subdivision within Special Study Area 5, a watershed planning
study for Farewell and Black Creeks must be completed and approved, and that after
this only during the next five year review of the Clarington Plan will land area
requirements be reviewed.
REPORT NO.: PSD-130-07
PAGE 3
The above discussion led to the consideration of three options:
· fulfil all of the requirements for development in Special Study Area 5;
· make application to amend the Plan to exempt the proposal from the above
requirements; and
· modify the subdivision proposal to keep it south of Special Study Area 5 and
have the balance of the applicant's land, within Special Study Area 5, be deferred
to the Official Plan Review.
The applicant chose the third option and submitted revised plans and documents for a
subdivision of 37 single detached dwellings on May 22,2007.
2.4 At the same time a revised planning justification report was submitted. This report
argued:
· The eastern termination of Adelaide Avenue at Trulls Road fulfills the Durham
Transportation Master Plan, the Adelaide Avenue East Extension
Environmental Assessment Report, and the new Amendment 114 to the
Durham Regional Official Plan;
· The northern 100 metres of the subject property is not functionally part of
Special Study Area 5 since it drains south to Farewell Creek, can connect to
water and sanitary sewers from the south, and can direct stormwater south to
the existing Horban Stormwater Management Pond;
· The proposal is an efficient land use, provides more housing and more
affordable housing, makes efficient use of infrastructure, ensures the
preservation of natural areas and features, all as per the Provincial Policy
Statement.
2.5 A Stage 1 and 2 Archaeological Assessment was forwarded. It reviewed the
archaeological potential of the whole subject property (the original 61 unit proposal).
The survey approach used was 'high potential' but despite this no archaeological
material was found and complete clearance of the subject property was recommended.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is relatively flat with the west half being vacant pasture-like area.
The east half is valleyland for a tributary of Farewell Creek. The east bank of the
valleyland is heavily wooded.
3.2 The surrounding uses are as follows:
North - Vacant and wetland
South - Detached dwellings on Trulls Road and Bellman Court with wooded
valleyland in between
East - Woodlot/wetland
West - Detached and semi-detached dwellings
REPORT NO.: PSD-130-07
PAGE 4
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
The proposed subdivision is planned for a portion of an existing urban area and this
provides the opportunity for not only keeping growth in an existing settlement area but
for utilization of nearby existing servicing infrastructure and Courtice public service
facilities. Urban residential development on Daiseyfield Avenue and Bellman Court is
close to the property. The 37 proposed dwelling units will contribute to meeting the 3
year supply of residential land with servicing capacity, appropriate zoning and draft
approval or registration. Approximately 30% of the lots within the proposal are "small lot
singles" and this will contribute to Courtice's stock of affordable housing. The Provincial
Policy Statement also requires the preservation of significant natural heritage features.
Block 39 of the proposed subdivision has been identified as an Open Space Block.
4.2 Provincial Growth Plan
Major growth is to be directed to a settlement area, with municipal water and sanitary
systems. The proposal diversifies and mixes the Courtice housing supply and helps
with affordable housing needs in particular, all of which are consistent with the general
intensification policies. At the same time the proposal provides for the preservation of
significant natural features through the identification of the Open Space Block.
5.0 OFFICIAL PLANS
5.1 Durham Reqional Official Plan
The Durham Regional Official Plan (as amended through the Regional Official Plan
Review - Amendment 114) designates the subject property as Living Area. The
balance of the lands are in Special Study Area 3. Special Study Areas require further
study to determine their appropriate land use designations and until this occurs only
uses which do not prejudice the results of such further study are permitted. Special
Study Area 3 corresponds to the Clarington Official Plan's Special Study Area 5. The
revised 37 unit subdivision plan is completely within the Living Area.
Part of the property is also within a Key Natural Heritage/Hydrologic Feature, hence an
Environmental Impact Study (E.I.S.) is required.
Amendment 114 deleted the Type C Arterial Road (Adelaide Avenue extension) east of
Trulls Road which facilitates the proposal.
5.2 Clarinoton Official Plan
The Clarington Official Plan designates the property Special Study Area 5, Urban
Residential and Environmental Protection Area. The 37 unit subdivision proposal is to
be in the Urban Residential portion of the property. Since some of the property is within
Environmental Protection Area an Environmental Impact Study (E.I.S.) is required. The
Official Plan identifies a Type 'C' Arterial (the Adelaide Avenue extension) running
through the property and it designates the part of the property north of the arterial as
Special Study Area 5. A Clarington Official Plan Amendment is required to remove the
Adelaide Avenue Extension Type 'C' Arterial from the property in conformity with the
Durham Regional Official Plan. The 37 dwelling unit "reduced size" subdivision and
related rezoning can proceed without a Clarington Official Plan Amendment.
REPORT NO.: PSD-130-07
PAGE 5
The Clarington Official Plan Amendment application also requests the review of the
northern portion of the property to redesignate it from Special Study Area 5 to
Residential and Environmental Protection Area. This will not be considered at this time
but may be considered as part of the Clarington Official Plan Review.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands "Environmental Protection (EP)" around
the creek tributary and "Agricultural (A)" elsewhere. The "Agricultural (A)" zoning is not
consistent with the Urban Residential land use designation or the subdivision proposal
and hence, the rezoning application.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
property. A public notice sign was installed approximately midway on the property's
Trulls Road frontage.
7.2 As a result of the public notification process, to date, the Planning Services Department
has received no inquiries or comments.
8.0 AGENCY COMMENTS
8.1 Comments have not been received from the majority of the circulated departments and
agencies. Clarington Emergency and Fire Services had no fire safety concerns,
Building Division had no concerns, Hydro One and Rogers Cable had no objections.
8.2 Enbridge provided standard conditions of draft approval for the proposed subdivision.
8.3 Clarington Operations requires more information on stormwater management noting
system overcharges must be accommodated and boulevard tree plantings must be well
clear of intersection sight lines.
8.4 Durham Region Transit requested a hard surfaced bus stop and shelter on Trulls Road
at Road 'A'.
8.5 Clarington Engineering Services noted:
· Road allowance on the east leg of the Adelaide intersection must be aligned with
future Adelaide Avenue and it must be of sufficient width to accommodate
signalization including turning lanes and traffic islands. Further discussion is
required;
· Block 39 (Valleyland Environmental Protection Area) must connect to a road
allowance to give Clarington reasonable access to the block for maintenance;
· A 5.18 metre Trulls Road widening is required;
· An On-street Parking Plan is required;
· As a development agreement condition, for oversized stormwater management
works, front end payments to Clarington are to be made to the benefit of 848601
Ontario Inc., 829633 Ontario Inc. and Royal Bank of Canada;
· A Preliminary Lot Grading and Drainage Plan is required;
REPORT NO.: PSD-130-07
PAGE 6
· A geodetic benchmark must be established near the Trulls/Daiseyfield
intersection to act as a vertical control for the proposal; and
· The development .cannot proceed until the Municipality has approved funding for
reconstruction of Trulls Road.
9.0 STAFF COMMENTS
9.1 Adelaide Avenue is designated in the Clarington Official Plan as a future Type C arterial
road extending from Townline Road to Courtice Road. It was initially identified in the
1991 Regional Official Plan update. The Harmony-Farewell Iroquois Beach Wetland
complex was identified as a provincially significant wetland subsequently. During the
preparation of the Durham Region Transportation Master Plan (DRTMP), Clarington
Council requested that the Region review the need for Adelaide Avenue to extend all
the way to Courtice Road, in light of the significant large wetland area located between
Trulls Road and Courtice Road. The conclusion of the DRTMP was that in balancing
transportation needs and environmental impacts, Adelaide Avenue was not required,
provided that George Reynolds Drive was extended between Trulls Road and Courtice
Road. The DRTMP recommended that the Type C road be deleted for the above-noted
segment in the Durham Regional Plan update (Amendment 114), subsequently
approved by Regional Council in September of 2007. The proposed amendment to the
Clarington Official Plan will implement the DRTMP and Amendment 114 to the Durham
Regional Official Plan.
9.2 Block 39 of the proposed draft plan of subdivision is an open space block that
incorporates a portion of a major wetland area located between Trulls Road and
Courtice Road. An environmental impact study will review the impacts of the
development proposal and recommend any modifications or mitigating measures.
9.3 The berm on the west side of the proposed subdivision represents an alternative to
standard acoustical fencing. It provides the visual/acoustical barrier, but raises
ownership, fencing , landscaping and maintenance issues that have yet to be reviewed
in detail.
9.4 At this time the applicant is required to provide the following in support of these
applications:
1) the Planning Justification Report did not consider the Growth Plan;
2) the Preliminary Servicing & Grading Plan and Stormwater Management
Report, though promised, have yet to be submitted;
3) the Region's required Local Official Plan Amendment Review Fee was not
submitted;
4) the Region's required Noise Study was not submitted; and
5) the Glenview Neighbourhood Design Plan shows the subject property as
being subject to further review/study, thereby necessitating submission of a
Neighbourhood Design Plan Amendment Application.
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.
REPORT NO.: PSD-130-07
PAGE 7
Attachments:
Attachment 1 - Proposed Plan of Subdivision and Site Location Key Map
Attachment 2 - Air Photo with Key Features of Area
Attachment 3 - Proposed Clarington Official Plan Amendment
List of interested parties to be advised of Council's decision:
Glenn Genge, D.G. Biddle & Assoc.
Hannu Halminen, Courtice Homstead Land Corp.
Darlene Smith
Kevin & Isabella McConkey
John McLeod
Brent Willis
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Attachment 3
To Report PSD-130-07
AMENDMENT NO.
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
PURPOSE:
The purpose of this amendment to the Clarington Official Plan is
to delete the Adelaide Avenue Type C Arterial Road designation
east of Trulls Road North and Courtice Road North and to amend
the Land Use designation and boundary of a portion of Special
Study Area 5 to permit the approval of a draft plan of subdivision.
LOCATION:
The subject site is located within part of Lot 30, Concession 3,
Former Township of Darlington within the Municipality of
Clarington.
BASIS:
This amendment is based on the resolution of
Purpose and Administration Committee on
respect to the Official Plan Amendment Application
the General
with
ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended by
amending Map 82, as indicated on Exhibit "1", and by amending
Map A2 as indicated on Exhibit "2" attached to this amendment.
IMPLEMENTATION: 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.
.,
Delete: Type C Arterial Road
-.-__ URBAN BOUM>ARY
. l'llEEWAy
TYPE A ARTERIAL
----lYPE a ARTERIAL
.............. TYPE C ~~
COlLECTOR ROAD
------- REGJONAl.. TRANSIT SPINE
INlER-REGICINN-
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OFFICIAL PLAN
MUNICIPALITY OF CLARINGTON
F'E:BRUARY 2, 1999
REFER TO SECTiON 19
I 'lHlS CClNSOLJO,l,lDI lS P!lCMOED FOR CON'IEHIEWCE OM.:r I
AND REf'RESENTS RroUEStED lolOlllFlCAt1ONSAND ff>PROVM..S
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MAP 82 ---~" \ ~
TRANSPORTATION ~ '~
COURllCE URBAN AREA ~.
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LAKE ONlARIO ----...
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96-045
I;XMliBIT "1"
AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
MAP 132, TRANSPORTATION, COURTICE URBAN AREA
Relocate: Boundary of
Special Study Area S
From Special Study Area S to Urban
Residential
From Special Study Area S to
Environmental Protection Area
I
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II
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MAP A2
LAND USE
COURTlCE URBAN AREA
LAKE ON1;4RIO
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OFFlCW. PLAN
MUHlCtPALnY OF ClARlNGTON
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SECONOJl.Ri" SCHOOL
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-------
EXHIBIT "2"
AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
MAP A2, LAND USE, COURTICE URBAN AREA