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Home My WebLink AboutPSD-006-09• Lead- ng me w~~;~on REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE I n q Date: Monday, January 5, 2009 ~~Sdju~~n~~-J~~~O~~-U 1 Report #: PSD-006-09 File #: S-O-2005-04 and By-law #: 18T-97027 Subject: PROPOSED AMENDMENT TO THE OSHAWA OFFICIAL PLAN AND EASTDALE PART II PLAN; COMMENTS ON TWO DRAFT PLANS OF SUBDIVISION IN THE CITY OF OSHAINA APPLICANT: CITY OF OSHAWA; RALNA PARENT CORP INCICAMEO SUBSIDIARY CORP. AND BEECHNUT DEVELOPMENTS CORPORATION INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-006-09 be received; 2. THAT the City of Oshawa be advised: i) that the Municipality of Clarington has no objections to the approval of the proposed amendments to Oshawa Official Plan and Eastdale Part II Plan; ii) that the Municipality of Clarington has no objections to the approval of the proposed Draft Plan of Subdivision (S-O-2005-04) subject to the conditions contained in Attachment 3; and iii) that the Municipality of Clarington has no objection to the approval of the proposed Draft Plan of Subdivision 18T-97027; and 3. THAT a copy of this report be forwarded to the City of Oshawa Development Services Departments, the Region of Durham Planning and Legal Departments and the Ontario Municipal Board. Submitted by: David J"Crome, MCIP, RPP Director of Planning Services Reviewed by: Chief Administrative Officer BR/CP/sh 17 December 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE ST EET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-006-09 PAGE 2 1.0 APPLICATION DETAILS 1.1 Official Plan Amendment: Initiated by the City of Oshawa, it proposes to amend the Oshawa Official Plan and the Eastdale Part II Plan to implement the approved alignment for the proposed Rossland Road East extension between Harmony Creek and Townline Road and provide for land use designations adjacent to the approved alignment. 1.2 Plan of Subdivision: S-O-2005-04 1.2.1 Owner: Ralna Parentcorp. Inc./Cameo Subsidiary Corp. 1.2.2 Agent: D.G. Biddle & Associates Limited 1.2.3 Details: To permit the development of a Plan of Subdivision with 150 townhouses. The development also includes a 0.24 hectare office development block, and a road widening along Townline Road North. The total site area is 4.32 hectares. 1.3 Plan of Subdivision: 18T-97027 1.3.1 Owner: Beechnut Development Corporation 1.3.2 Agent: PMG Planning Consultants 1.3.3 Details: To permit the development of a Plan of Subdivision with 17 single detached dwellings and 115 street townhouse dwellings. The total site area is 4.871 hectares. 2.0 LOCATION 2.1 The lands subject to the official plan amendment are located in Part Lot 1, Concession 2 and 3, City of Oshawa. The subdivision application is limited to lands on the west side of Townline Road North, south of the extension of Rossland Road and north of the future Kettering Drive Extension (see Attachment 1). 2.2 Almost half of the lands subject to the subdivision application immediately west of Townline Road have been identified as a provincially significant wetland, part of the Harmony-Farewell Iroquois Beach Westland Complex. 3.0 BACKGROUND 3.1 The City of Oshawa originally circulated the Municipality of Clarington on January 6, 2006, to provide comments on subdivision application S-C-2005-04. In April 2006 Council considered a staff report explaining that an environmental study report for the REPORT NO.: PSD-006-09 PAGE 3 extension of Rossland Road from Harmony Road to 500 metres east of Townline Road was prepared in September 2005. Three (3) alternative alignments were considered and Alternative 2, the most southerly alignment, was selected by the City of Oshawa and the Region of Durham as the technically preferred alternative. The Draft Plan of Subdivision proposed at that time greatly conflicted with this alternative. As a result, Council endorsed the following resolution: "THAT report PSD-037-06 be received; THAT the City of Oshawa be advised that the Municipality of Clarington does not support the approval of the proposed Draft Plan of Subdivision (S-O-2005-04); THAT the City of Oshawa be requested to consult with the Municipality of Clarington to obtain conditions of draft approval in the event of consideration of approval of this application or an Ontario Municipal Board hearing; and THAT a copy of Report PSD-037-06 be forwarded to the City of Oshawa Development Services Department and the Region of Durham Planning Department." 3.2 Two (2) landowners in Oshawa, including the owner of the subject proposed plan of .subdivision S-C-2005-04, requested changes to the preferred alignment. The requests were not acted on and became the subject of an Ontario Municipal Board appeal made by the owners. The hearing has been adjourned while staff at the City of Oshawa and the Region of Durham negotiate with the landowners of the subject applications the location of Rossland Road and who is responsible for the construction thereof. 3.3 At the end of October 2008, the Municipality received a request for comment on the municipally initiated official plan amendment, as well as two (2) proposed draft plans of subdivision. The two (2) proposed draft plans of subdivision appear to implement the revised Rossland Road alignment. 3.4 The second application, 18T-97027, is approximately 400 metres from the municipal boundary, Townline Road, and staff do not believe there is a need to request conditions of draft approval on said application. 4.0 STAFF COMMENTS 4.1 Proposed Official Plan Amendment 4.1.1 A Class Environmental Assessment Study for the extension of Rossland Road from Harmony Road to 500 metres east of Townline Road was commenced in 1999 by the Region of Durham in partnership with the City of Oshawa. The Ministry of Natural Resources, in 2005, released a wetland evaluation for the Provincially Significant Harmony -Farewell Iroquois Beach Wetland Complex. As a result adjustments to the REPORT NO.: PSD-006-09 PAGE 4 Rossland Road East alignment and limits to the Environmentally Sensitive Areas in the Oshawa Official Plan were required. As well, (medium density) residential and Local Central Area lands were redesignated Open Space and Recreation. 4.1.2 The "Environmental Study Report Rossland Road Extension-Harmony Road North to 500 m East of Townline Road", identified three (3) alternatives. Alternative 2, the most southerly alignment, which cuts through the proposed draft plan of subdivision S-O- 2005-04, (see Attachment 2) was selected by the City of Oshawa and the Region of Durham as the technically preferred alternative. The Ministry of the Environment approved the Environmental Assessment in March 2008. 4.1.3 The selected alternative requires a realignment of Pebblestone Road at Townline southerly. The lands on the Clarington side of Townline in this vicinity are within the Greenbelt Plan and urban development is not foreseen. The cost associated with acquiring land for and constructing this realigned intersection was therefore a concern to Clarington Municipal Staff. In 2006, the Manager of Transportation and Design from the Region of Durham Works Department confirmed that the Region will be financially responsible for the realignment of Pebblestone Road, including land acquisition, to implement the preferred alternative. In June of 2008, Regional Council adopted the following resolution when considering the Regional Development Charge By-law and Background Study: "THAT the proposed new Regional Development Charge By-law and Background Study provide for the construction of Rossland Road East, easterly from Grandview Street North to connect to Pebblestone Road, east of Townline Road North using Regional development charges for the entire project including land acquisition and road construction within 5 years." . In addition, assessment data indicates that the Region of Durham owns one (1) of the parcels required for the re-alignment on the east of Townline Road, south of Pebblestone Road. 4.2 Proposed Subdivision Application 4.2.1 Subdivision S-C-2005-04 has been revised to now contain one block fora 150 unit medium density condominium and a 0.24 ha parcel for an office development. The subdivision application is currently part of an OMB hearing which has been adjourned to allow for the parties to negotiate a settlement. 4.2.2 Clarington Engineering Services Department advised that a revised boundary agreement between Oshawa and Clarington ensures the City of Oshawa and the applicant will be responsible for 100% of the cost of any sidewalk or illumination improvements that are deemed necessary on Regional Road 55 to service this development. A condition dealing with this matter is not required. For storm water drainage, a condition is included (see Attachment 3) that states all storm drainage flows, both minor and major, must be self-contained within the City of Oshawa and the road REPORT NO.: PSD-006-09 PAGE 5 allowance for Regional Road 55. The developer's engineer must demonstrate this prior to final approval. 4.2.3 All existing development in the vicinity of the proposal on the Clarington side of Townline Road North is based on private well and septic services. Staff originally proposed three (3) conditions of draft approval to consider impact on private services: preparation of a hydrogeological report to assess any potential impact of development on neighbouring wells; undertaking a well monitoring program; and provide at no cost to the resident, water supply equal to, or better than, the quality and quantity of the water supply in the event of an impact on any existing well. 4.2.4 The applicant has advised that they do not object to a condition requiring provision of water to any land owners negatively impacted by this development to have a water supply, equal to, or better, than the quality and quantity of the water supply. However, they object to undertaking a hyrogeological report or well monitoring program. The hyrogeological report and the monitoring provide base data to compare any potential future well issues against. Without these reports it is difficult to determine whether the proposed development was cause of any impact. 4.2.5 The applicant is willing to enter into an agreement with the Municipality of Clarington and provide a letter of credit to ensure that should well interference complaints arise the Municipality can enforce this requirement. As such there are two conditions of draft approval recommended; one dealing with stormwater management and a second dealing with the provision of water to any owner effected as a result of this development. 4.2.6 The Municipality of Clarington has reviewed both proposed Plans of Subdivision and has no objections subject to the proposed conditions of draft approval contained in Attachment 3 for proposed Plan of Subdivision S-O-2005-04. 5.0 CONCLUSION 5.1 In consideration of the comments provided within this report, it is recommended that the Municipality support the approval of the proposed draft plan of subdivision. Two (2) conditions of draft approval are recommended. Attachments: Attachment 1 -Key Map and Draft Plan of Subdivision Attachment 2 -Alternative 2 for Rossland Road Extension and Draft Plan of Subdivision Attachment 3 -Conditions of Approval of Final Plan Registration List of interested parties to be advised of Council's decision: City of Oshawa Durham Region Planning Department D.G. 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J.i_ ~~ ~ 1 W ~1 . ~ I m _ ~ __ ~ __ _ i ___- W ~ ~ !1 _ 11~ 7/VNl OOO.NPdN/1//Y J _+~\ ~ I 11 ,~ I 1 \ _._._. _.~-._. O~ 1 -- - I I I ~ ~ ~ I I I ~j i ~ ~u~ I I ~ ~ ~ ~ (~ I I , I g~a z~zz-ao~ Nnd I J ~ I I ~ U Attachment 2 To Report PSD-006-09 ~ I ,~;~ ~ i -I ~ ;' ~ r , -- I i 1 ,~,I ~,~~~~ ~ _ ~~ t l i ~ I a l xs ' 1,~~~~ ' 'II ± i I I I l ~ ' + t ~ r ~l r ~( ~ ~~ - ~ I~ ~ '~ ,~~ 4 ~ ~ ~ .. _ _ ., ~ , ,~_ ~~ a,G- ----T--- ft, ~~~. i ~1__ _~ .._ l.~i .. tF . I- ~~ K xa I ii1 ~~ 1 i_'i I ~ ~d~i x~.. . ~; Cr ( r `z I ~ ~w I I ' mEL° ~"~ ~. U C - ~~, ~ i ,~ ~ ~ 7 ~ ~ l ~ W m O ~ i}~ ~ ~ ~ ~ F jljf { I11 1 I ~ t L11 1 + L 1 ~` ~I _ . . . l ' \~ .-~.w - ~~~ ~'I ~ ~ ~ w / ~ ~ ~ ~ ~ _ a~ - a -.~4 ' ~ l ~ _ r i / 1~ j ~ ~ ~ ~ ~~ 4 _ ~ ~IIlII I`,,~'~ ~ I ' _ ,; { _~ e _ _. ~ .e-~.J, ~~= r ~ ~ ~ ~, ~~ c ~ ~ ~ , i ~ _ ~ _._~ 1 9~d -F a ._ ~ ~ , I ,y 4 ~ F;) J ~~ T~' ~ ~ .. I - . ; , i + ~- , - ., f •~ ~ iii ~ ,I ~ i I~ / i ,_ 4, ~ 4 t - .. ~ ~ _.. '~~ r N ,: ~J Z .. - . ~, ; F t ~ ' ~I/ F {{ I ! ~ I rc ~ i ~ ~ .~ ~' ~..r~ ,, , ~.% i i'~ ` ; { ;, I „ 1 ~ ~ t ~~~ ~ J ~ C a_ ~~ ~~ t ~t~ ~ i~ -_ ~ _ - ' _ - - _. m. a , b' . r'~ ~ r ~~~ ~, g~u~ >. ~ .a .r i d - Ma aarwH ~, ~~~ I ~ ~r) !,a ,f ~_ ~ ~ , y ~~,~ - ~~ j r• - ~ ~, ~ f ~,,: _ri ~ Illl L~7! ii ~ ~ I i1 iul ~ ~ ~ `~-~;r - _ i ~ I ~~ i ~ i I ~ n ,, -ri~I' T ', ,~Il i ~ I u1r11 'n iT~ ~~~~ ~, _ ~ilAl~l(~, IW1tL ^yO~ T O ~O c W L 842 Attachment 3 To Report PSD-006-09 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION MUNICIPALITY OF CLARINGTON JANUARY 12, 2009 RALNA PARENTCORP. INC./CAMEO SUBSIDIARY CORP. S-0-2005-04 1. All storm drainage flows, both minor and major, must be self-contained within the City of Oshawa and the road allowance for Regional Road 55. The Owner's Professional Engineer must demonstrate this prior to final approval. 2. The Owner agrees, to enter into an agreement with the Municipality of Clarington dealing with the provision of water, equal to, or better, than the quality and quantity of the water supply that has been impacted, at no cost to the resident, in the event of an impact on any existing wells as a result of development of the subject lands. The agreement will require a minimum $25,000 Letter of Credit and provide a timeframe for release of the funds at a date following completion of all services and basements if there are any. 843