HomeMy WebLinkAboutPSD-001-11Clarington REPORT
Leading the Way
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: January 10, 2011 Resolution #: 6' PA-(Xja-q By-law #: NIA
Report #: PSD-001-11 File #: COPA 2009-0005, ZBA 2009-0021
and S-C-2009-0001
Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND
ZONING BY-LAW AND A PROPOSED DRAFT PLAN OF SUBDIVISION
TO PERMIT 18 SINGLE DETACHED RESIDENTIAL UNITS
APPLICANT: HEADGATE GROUP INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-001-11 be received;
2. THAT the applications to amend the Clarington Official Plan (COPA 2009-0005)
and Zoning By-law 84-63 (ZBA 2009-0021) and for a proposed Draft Plan of
Subdivision (S-C-2009-001) continue to be processed in the context of a broader
review of the Hancock Neighbourhood Design Plan, including the preparation of
a subsequent report considering all agency comments and comments received at
the Public Meeting; and
3. THAT all interested parties listed in Report PSD-001-11 and any delegation be
advised of Council's decision.
~~
Submitted by:
DavifiJ(S/rome, MCIP, RPP
Director of Planning Services
Reviewed by: ~~~ C-Z~^-~-~ ~~ ~ `~-~`~-
Franklin Wu
Chief Administrative Officer
ATS/CP/df
4 January 2011
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-001-11
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner: Headgate Group Inc.
1.2 Proposed Official Plan Amendment:
To amend "Map A2 -Land Use Courtice Urban Area" by
deleting the Public Elementary School symbol from the
subject lands.
1.3 Proposed Zoning By-law Amendment:
To rezone the subject lands from Agriculture "A", to
appropriate zones, to implement the proposed draft plan of
subdivision.
1.4 Proposed Draft Plan of Subdivision:
To permit the development of 18 single detached dwelling
lots, part lots, a block for future development, roads and 0.3
metre reserves.
1.5 Site Area: 1.68 hectares (4.2 acres).
1.6 Location: The lands subject to these applications are generally located
west of Hancock Road, north of Nash road, being in Part Lot
27, Concession 3, in the former Township of Darlington (see
Attachment 1).
2.0 BACKGROUND
2.1 Headgate Group Inc. has submitted applications to develop lands in the Hancock
Neighbourhood for single detached residential units. The proposed Official Plan
Amendment would have the effect of deleting the Public Elementary School
symbol and would allow low density residential development to proceed. The
proposed draft plan of subdivision would permit the development of 18 single
detached dwelling lots, and the Zoning By-law Amendment application would be
appropriate to implement the proposed Draft Plan of Subdivision (Attachment 2).
2.2 The subject applications were received in late 2009 and deemed incomplete in
January 2010. A component of deeming the application complete was initiating
and authorizing an Environmental Impact Study (EIS) in accordance with our
Official Plan policies and guidelines. Terms of Reference for the EIS were drafted
by the applicant, reviewed and approved by municipal staff and staff at the
Central Lake Ontario Conservation Authority. Subsequently a proposal was
received by the EIS consultant and the funding for the study was secured by the
developer. The applicant also initiated revisions to the application, including a
resubmission of the draft plan of subdivision during this time. Once all
outstanding items were received and addressed, staff deemed the applications
complete on November 17, 2010 and a public meeting was duly scheduled.
REPORT NO.: PSD-001-11 PAGE 3
2.3 Headgate Group Inc. currently owns two deep lots west of Hancock Road, north
of Nash Road. The subject lands were identified as a future development block
within draft approved plan of subdivision S-C-2004-002. The owner is currently
working towards registration of the draft approved plan to the south for 23 lots;
however development will be phased subject to the construction of road
improvements and connections. At this time, the owner has submitted
applications to develop a portion of the future development block for residential
purposes as the local school board has determined that the site is no longer
needed as a public elementary school site.
2.4 The subject lands are within the Hancock Neighbourhood planning area. The
existing Hancock Neighbourhood Design Plan was approved in 1998 and formed
the basis for the approval of two proposed draft plans of subdivision 18T-92014
and 18T-94027 (Attachment 3). Shortly after the approval, the Ministry of Natural
Resources released new mapping for the Black-Farewell Wetland Complex. This
new mapping significantly impacted the development potential for the Hancock
Neighbourhood and in 2006 Planning Staff reported on the need to review the
Hancock Neighbourhood Design Plan (PSD-112-06) and also highlighted staffing
and budgeting limitations to completing the update. Since that time, the local
school board has determined the designated public elementary school site is no
longer required which further impacts the design plan.
2.5 Supportino Documentation
The applicants submitted the following studies/reports in support of the draft plan
of subdivision:
• Phase 1 Environmental Site Assessment -originally submitted with S-C-
2004-002
• Noise Compatibility Assessment -originally submitted with S-C-2004-002
• Functional Servicing Plan
• Stage 1 and 2 Archaeological Assessment
In addition to the aforementioned reports, an update to the 2006 Environmental
Impact Study prepared by Aquafor Beech Ltd. is being completed at the
developer's expense. All reports must be completed to the Municipality's
satisfaction prior to staff recommending draft approval of the plan of subdivision.
Review of these reports has not been completed at this time. Staff will review the
findings with the applicant should additional work be required.
REPORT NO.: PSD-001-11 PAGE 4
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The site is relatively flat and heavily vegetated, but vacant of structures.
3.2 Surrounding Uses
West: Vacant, school block within Registered Plan of Subdivision 40M-2364
East: Rural residential, Courtice Auto Recycling Ltd. (southeast)
North: A Provincially Significant Wetland, Registered Plan of Subdivision
40M-2364
South: Draft Approved Plan of Subdivision S-C-2004-002
4.0 PROVINCIAL POLICY
4.1 2005 Provincial Policv Statement (PPS)
The Provincial Policy Statement identifies settlement areas as the focus of
growth. Land use patterns within settlement areas shall be based on the efficient
use of land, infrastructure and other public services, such as public transit.
Opportunities for intensification and redevelopment shall be indentified and
promoted. A land use pattern, density and mix of uses should be promoted to
minimize vehicle trips and support transportation choices. Natural features shall
be protected for the long term. The diversity and connectivity of such features
should be maintained, restored, or where possible, improved. Development and
site alteration shall not be permitted on adjacent lands to significant natural
heritage features unless the ecological function of the adjacent lands has been
evaluated and it has been demonstrated that there will be no negative impacts on
the natural features or on their ecological functions.
4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan)
The Growth Plan provides a framework for accommodating growth in both
existing built up areas, through intensification and redevelopment, and within
greenfield areas. The subject Draft Plan is within a greenfield area. New
development in greenfield areas are to be complete communities with access to
a mix of jobs, services, housing, school recreation and open space that is easily
accessed through various modes of transportation. The greenfield area of each
upper-tier municipality will be planned to achieve a minimum density target that is
not less than 50 residents and jobs combine per hectare. Major growth is to be
directed to areas serviced by existing or planned municipal infrastructure, such
as water and sewer services. Natural heritage features that complement, link or
enhance natural systems shall be identified and protected.
REPORT NO.: PSD-001-11
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Regional Official Plan
PAGE 5
Within the Durham Regional Official Plan, the lands are designated as Living
Area, with an indication of Key Natural Heritage and Hydrologic Features. Lands
designated as Living Area permit the development of communities with defined
boundaries, incorporating the widest possible variety of housing types, sizes and
tenure. The natural environment, including Key Natural Heritage and Hydrologic
Features, shall be given paramount consideration in light of their ecological
functions and scientific, educational and health values.
In consideration of development applications in 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;
• A grid pattern of roads;
• The provision and distribution of parks, trails and pathways and educational
facilities;
• The types and capacities of the existing municipal services, infrastructure and
the feasibility of expansion; and
• The balance between energy efficiency and cost.
5.2 Clarington Official Plan
Within the Clarington Official Plan, the subject lands are designated as Urban
Residential and Environmental Protection Area. A Public Elementary School
symbol is designated on the lands. The use of land in the Urban Residential
designation is predominantly for single and semi detached housing with a net
density no greater than 30 units per net hectare. The lands are within the
Hancock Neighbourhood of the Courtice Urban Area, which has a population
allocation of 2900 and a housing unit target of 975.
The Environmental Protection Area includes a significant woodlot and a wetland
as identified on Map C1, Natural Heritage System. The subject site is within the
Lake Iroquois Beach. The wetland is a portion of the Black/Farewell Wetland
Complex, a Provincially Significant Wetland.
An Environmental Impact Study (EIS) is required for development applications
located on lands within or adjacent to the Lake Iroquois Beach and/or, any
natural heritage feature identified on Map C1.
In addition, plans of subdivision within the Lake Iroquois Beach shall contain
provisions to implement the recommendations of any EIS, watershed study or
subwatershed study to maintain or enhance groundwater functions including but
REPORT NO.: PSD-007-11 0~~~
not limited to special house and infrastructure design requirements, stormwater
management or construction techniques.
Prior to municipal approval of any draft plan of subdivision, the Municipality will
prepare a subwatershed plan. Where a master drainage plan has been
approved, the master drainage plan will substitute for the requirement for a
subwatershed plan. The East (Macourtice) Tributary of Black Creek Master
Drainage Study was prepared and submitted for approval to the Municipality and
the Central Lake Ontario Conservation Authority in 1991.
Map 'F' shows a symbol for a Waste Disposal Assessment Area southeast of the
subject site. This designation applies to the Courtice Auto Recycling Ltd. located
north of Nash Road and west of Hancock Road. Waste Disposal Assessment
Areas shall include all lands that may be influenced by a site on which waste has
been deposited, or by a site on which waste will be deposited under a Provisional
Certificate of Approval issued under the Environmental Protection Act. The area
of influence shall be defined as 500 metres from the lands containing wastes
unless othervvise determined by the Province. Development within these areas
shall be regulated in order to protect public health and safety and to ensure land
use compatibility.
New development will not be permitted within a Disposal Assessment Area
unless the following requirements are met:
a) written approval is received from the Province that the provisions of the
relevant legislation are satisfied;
b) studies of gas, leachate, hydrogeology and structural stability, soil and
ground water contamination, presence of hazardous wastes and safety
are completed which show the development is compatible and can safely
take place; and
c) measures are taken to the satisfaction of the Province in consultation with
the Municipality to control any problems identified through the above
study.
Hancock Neighbourhood Design Plan
The proposed plan of subdivision is located within the Hancock Neighbourhood.
A neighbourhood design plan was prepared and approved by the Director of
Planning and Development and the Director of Public Works in September 1998.
The plan provides a visual interpretation of the future development of the
neighbourhood. As noted in the background and staff comments sections of this
report, the Hancock Neighbourhood Design Plan requires revisions.
6.0 ZONING BY-LAW
6.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned
"Environmental Protection (EP)" and "Agricultural (A)". A zoning by-law
amendment will be required in order to implement the proposed plan of
subdivision.
REPORT NO.: PSD-001-11 PAGE 7
7. 0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public Notice was given by mail to each landowner within 120 metres of the
subject site and a public meeting sign was installed at the end of Broome
Avenue.
7.2 As of the date of writing this report, staff has received one inquiry at the Planning
counter from a nearby resident to the east. The individual had general questions
relating to the development.
7.3 Various written submissions have been received from Libby Racansky, a nearby
resident. Ms. Racansky's concerns have been focused on the environmental
impacts of the development, including:
• drying and contamination of wells;
• wetness of the area;
• increased volume of water released to stormwater management pond and
warm water being released to watercourse;
• suggestions that the EIS did not accurately reflect species present on the site;
• Hancock Neighbourhood design plan requires revisions;
• densities to be reviewed in light of environment constraints;
• adequacy of buffers to Provincially Significant Wetland and auto wrecker site;
and
• impact of light pollution requires implementation.
Ms. Racansky has also expressed concerns with the approved Plan of
Subdivision 40M-2364 located to the west. All of Ms. Racansky's submissions
have been forwarded to the EIS consultant for their review and consideration as
part of the update required to the 2006 EIS prepared by Aquafor Beech Ltd.
8.0 AGENCY COMMENTS
8.1 A number of agencies have been circulated the proposed applications. To date,
comments have not been received from the majority of the circulated agencies
including the following departments and agencies:
• Region of Durham Planning Department
• Region of Durham Works Department
• Central Lake Ontario Conservation Authority
• Bell Canada
• Canada Post
• Separate School Board
• Hydro One Networks Inc.
REPORT NO.: PSD-001-11 PAGE 8
8.2 The Clarington Engineering Services Department has reviewed the proposed draft
plan of subdivision and notes that the plan is premature pending further discussion
and consideration of the Hancock Neighbourhood Design Plan. Road and lotting
patterns will require mod cations. Development cannot proceed until such time as
suitable road and service connections are constructed in adjacent Plan of
Subdivision S-C-2004-002. Lots without street frontage would be frozen until roads
are constructed. The developer will also be responsible for any oversizing of works
that have been identified in previous front end agreements. Prior to final approval,
and in addition to standard technical requirements, the applicant will be required to
satisfy the Engineering Services Department regarding the following concerns and
conditions:
• Neighbourhood Design Plan
• Traffic and Road Geometrics
• Grading and Drainage
• Servicing
• On-Street Parking
• Street Trees
• Noise Attenuation
• Timing of Development
8.3 .The Kawartha Pine Ridge District School Board has previously confirmed that the
public elementary school site is no longer needed at this location. The school board
has recently advised that the development will generate approximately four (4)
elementary school pupils and three (3) secondary school students. These students
will be attending Courtice North Public School and Courtice Secondary School
respectively.
8.4 Clarington Emergency Services Department has ident~ed the need for turnaround
facilities if any access route exceeds 90 metres.
8.5 Clarington Operations Department, Enbridge and Rogers Cable have offered no
objection.
9.0 STAFF COMMENTS
9.1 The proposed draft plan of subdivision is part of a previously draft approved plan
of subdivision (S-C-2004-002). It is proposed. that the dwellings would be
accessed by the northerly extension of the local street which will connect Broome
Avenue with Tabb Avenue. Lots that are located along the east property limits
would be frozen until proposed road connections are constructed to the east. The
timing of development to the east of the subject lands is unknown at this time.
9.2 Development proposed north of Broome Avenue is the location of a portion of a
school block within the Neighbourhood Design Plan (see Attachment 3). The
remaining portion of the school block is within adjacent Plan of Subdivision 40M-.
2364 and is vacant. A proposed Official Plan Amendment is included as
REPORT NO.: PSD-001-11
PAGE 9
Attachment 4 which would have the effect of deleting the elementary school
symbol
9.3 The subject lands are currently within 500 metres of Courtice Auto Recycling Ltd.
(Attachment 5). During the review of adjacent draft approved plan of subdivision
S-C-2004-002, a 30 metre buffer was established surrounding the auto wrecker
site. Block 25 will continue to provide this buffer to the draft approved lots and
Staff will ensure that an adequate buffer is applied through the consideration of
the subject draft plan of subdivision.
9.4 An Environmental Impact Study was completed by Aquafor Beech Limited in
2006. At the time, the study contemplated the lands north of Broome Avenue as
a school site. The study suggested that an innovative school design could offer
protection to sensitive plant species found within vegetated areas. The school
site, with its large land area, would have a low percentage of impervious areas
because of playing fields and open space surrounding the school. This would
assist in maintaining the water balance of the nearby Provincially Significant
Wetland. The assumptions made in the 2006 Aquafor Beech EIS no longer apply
as the school site is no longer being pursued. An update to the 2006 EIS is
currently underway which will ensure that the impacts on the natural features are
accurately reflected given the proposed residential use. The developer is
responsible for the cost of the EIS update.
9.5 It was determined, through the approval of Draft Plan of Subdivision S-C-2004-
002, .that development of the initial 23 residential units to the south could
proceed, subject to phasing requirements, as the lots are outside any area
directly impacted by the changes to the design plan. Report PSD-060-09 notec
that any further development of the Headgate lands beyond that lots that were
draft approved would be contingent upon the review of the Hancock
Neighbourhood Design Plan.
9.6 The proposed draft plan of subdivision is premature pending revisions to the
Hancock Neighbourhood Design Plan. Further review of the Design Plan is
required on a broader neighbourhood scale due to the changing circumstances
since the Design Plan's approval in 1998, including: revised wetland mapping,
elimination of the school site from the school board's position and the approval of
various other plans of subdivision in the neighbourhood. Road and lotting
patterns, servicing plans, active and passive transportation routes, population
and housing targets, parkland and natural features to be protected, must be
reviewed and approved prior to further consideration of the proposed draft plan of
subdivision. Consultation with the public, developers, Staff and agencies will be
required.
9.7 Funding for the update to the Neighbourhood Design Plan is being contemplated
through the 2011 budget process. The update is necessary now as the developer
of draft plan of subdivision 18T-94027 is proceeding through the final stages of
approval and in order to assess the subject applications from Headgate Group
Inc.
REPORT NO.: PSD-001-11
10.0 CONCLUSIONS
PAGE 10
10.1 The purpose of this report is to satisfy the requirements under the Planning Act
for Public Meetings and taking into consideration the outstanding agency
comments, staff respectfully request that this report be referred back to staff for
further processing and the preparation of a subsequent Report.
Staff Contact: Anne Taylor Scott
Attachments:
Attachment 1 -Key Map
Attachment 2 -Proposed Draft Plan of Subdivision
Attachment 3 -Subdivision Overlay on Hancock Neighbourhood Design Plan
Attachment 4 -Proposed Official Plan Amendment as submitted by Applicant
Attachment 5 -Air Photo Illustrating Buffer area
Interested parties to be advised of Council's decision:
Andy Anderson, Headgate Group Inc.
Kevin Tunney, Tunney Planning Inc.
Libby Racansky
William Manson
Attachment 1
To Report PSD-001-11
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Attachment 2
To Reports PSD-001-11
PROPOSED
DRAFT PLAN
Of SUBDIVISION
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Attachment 3
To Report PSD-001-11
Attachment 4
To Report PSD-001-11
AMENDMENT
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: To amend Schedule `A2' of the Official Plan of the
Municipality of Clarington by deleting the Public
Elementary School designation within Part Lot 27,
Concession 3, Former Township of Darlington.
BASIS: The Amendment is based on an application submitted
by Tunney Planning Inc. on behalf of Headgate Group
Inc. to delete the Public Elementary' School. The
underlying designation of Urban Residential shall
apply.
ACTUAL
AMENDMENT: Actual amendment would be deleting the Public
Elementary .School designations on Part Lot 27,
Concession. 3, of the Former Township of Darlington.
IMPLEMENTATION:. The provisions set forth in the Clarington Official Plan,
as amended, regarding the implementation of the
Plan shall apply to this amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan,
as amended, regarding the interpretation of the Plan
shall apply to this amendment.
Proposed Official Plan Amendment
Headgate Group Inc.
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Delete from Map A2:
Public Elementary School
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Attachment 5
To Report PSD-001-11
Subdivision Limits ~ Courtice Auto Recycling Ltd Site 30 m Buffer Area
ZBA 2009.0021 COPA 2009.0005 SC 2009 - 0001