HomeMy WebLinkAboutPSD-053-12 Clarbgton REPORT
PLANNING SERVICES DEPARTMENT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: November 26 , 2012 Resolution #: - By-law #:
Report #: PSD-053-12 File#: 18T-90022 (X-REF. : DEV 90-045)
Subject: REVISED APPLICATION FOR A DRAFT PLAN OF SUBDIVISION —
BONNYDON LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-053-12 be received;
2. THAT the application for a revised Draft Plan of Subdivision 18T-90022 submitted by
Bonnydon Limited, continue to be processed including the preparation of a subsequent
report; and
3. THAT all interested parties listed in Report PSD-053-12 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by. - R
avi . Crome, MCIP, RPP Franklin Wu
Director, Planning Services Chief Administrative Officer
CP/DJC/sn/df
20 November 2012
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-053-12 PAGE 2
1. APPLICATION DETAILS
1.1 Applicant/Owner: Bonnydon Limited
1.2 Agent: GHD (formerly Sernas Associates Limited)
1.3 Proposal: To permit a total of 156 units consisting of 17 single detached
dwellings, five blocks for 29 on-street townhouse units, ten blocks
for 52 lane based on-street townhouse units and one block for 58
medium density units.
1.4 Area: 6.20 ha
1.5 Location: Part Lot 30, Concession 2, former Township of Darlington, and
south of Durham Highway 2, and east of Trulls Road (see
Attachment 1)
2. BACKGROUND
2.1 In December 2011, G.M. Sernas & Associates Limited, on behalf of Bonnydon Limited
submitted a revision to proposed draft plan of subdivision 18T-90022. The original
application, submitted April 1990, proposed a total of 92 units consisting of 25 singles,
14 semi-detached/link lots (28 units), 3 blocks for 16 on-street townhouse units and a
medium density condominium block for 23 units fronting on Trulls Road (0.589 ha). The
application also contained part of a school block (0.132 ha) and part of a park block
(0.509 ha). As surrounding lands to the south and east were developing in the early
90's, development of the park and school blocks as proposed within the limits of the
draft plan of subdivision was negotiated to occur together with development of those
adjacent lands.
2.2 The original proposed plan of subdivision application was accompanied by an
application for amendment to the Courtice South Neighbourhood Plan. The Courtice
Neighbourhood Plan was similar to a secondary plan, although not approved under the
Planning Act, for an area of Courtice roughly bounded by Highway 2 to the north,
Townline Road to the west and the urban boundary to the south and east. The
purpose of this application was to delete the "Minor Open Space" designation on the
lands in order to allow the proposed development. In the Courtice South
Neighbourhood Plan, the lands were designated "Minor Open Space" and "Residential".
The Minor Open Space designation was "intended to preserve, wherever possible,
unique or important elements of the natural environment having local significance, and
may include woodlots, hazard lands and minor watercourses associated with
stormwater management".
2.3 The third application submitted by the applicant was a Zoning By-law Amendment to
rezone the lands from "Environmental Protection (EP)" and "Urban Residential Type
One - Holding ((H)R1)" to appropriate zones to permit the proposed 1992 development.
The applicant has not filed a revised (1992) application.
REPORT NO.: PSD-053-12 PAGE 3
2.4 An Environmental Evaluation prepared by Bird and Hale (1992) was submitted in
support of the applications and proposal on adjacent lands (18T-88060), as was a Base
Flow Impact Assessment report (1993) by Golder and Associates.
The Bird and Hale report identified a wetland feature within the southern portion of the
study area. It noted a hydrologically linked wetland to the west was removed in favour of
residential development and wetland areas adjacent to the study area were approved
for development. The report stated that should the feature be retained, the limits of the
wetland could be determined at the discretion of the Municipality. From a stormwater
perspective, the report stated that consideration should be given to ensure that existing
quantitative hydrological conditions are maintained or enhanced. From a wildlife
movement perspective, the report concluded that the design of open space corridors
should be sensitive to the impact on wildlife travel patterns and associated human-
wildlife conflicts.
The Golder report concluded that the site does not provide a major contribution to base
flow in the Robinson Creek during periods of low groundwater levels, but a portion of
the site is likely a groundwater discharge area during times of high ground water levels.
The report considered the reduction of infiltration of base flow as a result of
development to be negligible. However, recommendations were provided to minimize
the reduction of infiltration to base flows.
2.5 The applications had not been approved by 1996 when the Clarington Official Plan
(COP) was approved. The COP designated the Bonnydon lands north of Sandringham
Drive and west of Rick Gay Avenue as Main Central Area (MCA) subject to Special
Study Area 1. The policies of the special study area require the preparation of a
secondary plan with detailed land uses prior to any development within the MCA. The
lands south of Sandringham Drive and east of Rick Gay Avenue are designated Urban
Residential.
2.6 From about the time the COP was adopted in 1996, until the submission of the revised
proposal that is the subject of this report, no activity or correspondence was received
with respect to the applications.
2.7 The Robinson Creek and Tooley Creek Watershed Management Plan (RTWMP) was
initiated by the Municipality of Clarington in 2009 (Staff Report PSD-030-09). Council,
by resolution, directed staff to use the Watershed Management Plan in the preparation
of the Courtice Main Street (CMS) Secondary Plan. The RTWMP identified the
existence of a "High Volume Groundwater Recharge Area" (HVRA), in various locations
throughout the CMS area, including parts of the Town Centre and the Bonnydon lands.
The Robinson Creek and Tooley Creek Watershed Management Plan recommended
that development in the vicinity of the Bonnydon lands maintain pre-development
groundwater infiltration rates, post-development. These findings triggered the
preparation of a Natural Heritage Evaluation for the lands within the Courtice Town
Centre area, to provide the information on the terrestrial characteristics of the lands
affected by high volume groundwater recharge.
REPORT NO.: PSD-053-12 PAGE 4
2.8 The Municipality retained SLR Consulting (Canada) Ltd. to prepare a Natural Heritage
Evaluation generally for the lands located in the southeast quadrant of Durham Highway
2 and Trulls Road. This Evaluation further identified the implications of both the
Robinson and Tooley Creeks Watershed Plan and the Black/Harmony/Farewell
Watershed Plans on the CMS Secondary Plan.
The Natural Heritage Evaluation identified natural heritage features at the southeast
quadrant of Durham Highway 2 and Trulls Road, including the Bonnydon parcel.
Generally the study recommends that in order to maintain the natural heritage features
and functions on the subject lands the following guiding principles should be followed:
• Regardless of multiple landowners, the natural features on the property should
be studied and managed as a functional unit.
• An Environmental Impact Study (EIS) should be completed prior to a proposed
change in land use to demonstrate that the key natural heritage features and
functions of the area are maintained or enhanced as a whole functioning unit.
• High functioning areas should be identified and designed for protection.
• Engineering and hydrogeological studies should be undertaken to demonstrate
the maintenance of water infiltration and that post development flows are
maintained to pre-development levels.
2.9 In August of this year Bonnydon filed appeals to the Ontario Municipal Board of the
proposed draft plan of subdivision and Zoning By-law amendment applications. A
prehearing conference has been scheduled for Monday January 14, 2013.
2.10 On November 26, 2012 a public meeting for the Courtice Main Street Secondary Plan
which the subject lands are predominantly located within is scheduled.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject lands front on the south side of Durham Highway No. 2. and also have
frontage on the north side of Sandringham Drive, as well as the west side of Rick Gay
Avenue. The lands are predominantly wooded.
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REPORT NO.: PSD-053-12 PAGE 5
3.2 The surrounding uses are as follows:
North - Durham Highway 2 and beyond, a place of worship and a two residential
properties
South - residential development and Lydia Trull Public School
East - residential development
West - residential development, vacant lands and a fire hall
4. PROVINCIAL POLICY
4.1 The subject application pre-dates the current Provincial Policy Statement and the
Provincial Growth Plan. However, the policies of both these documents will be
reviewed in more detail relative to the revised application. The policies, although not
determinative, will be informative in the preparation of a recommendation report on the
Municipality's position at the O.M.B.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
In 1990 the Durham Regional Official Plan designated the subject lands "Residential".
A Main Central Area symbol was also designated in the vicinity of the parcel. The
residential policies allow for development of housing and encourage a variety of housing
types and style.
The Durham Regional Official Plan currently designates the subject lands as "Living
Area". A Regional Centre symbol is also designated in the vicinity of the parcel and
Durham Highway 2 is designated as a Regional Corridor, while Trulls Road is
designated a Type "B" arterial.
5.2 Clarington Official Plan
At the time the applications were originally submitted the lands were designated
"Residential" within the Courtice Major Urban Area of the Town of Newcastle Official
Plan. The application had a net density of 27.4 units per ha. where the policies allowed
low density to a maximum of 15 units per net ha. and medium density to a maximum of
40 units per net ha. The current proposal for 156 units has a density of 29.16 units per
ha. In addition, the Town of Newcastle Official Plan allowed for the refinements to land
use through the Neighbourhood Plan process which resulted in designation of lands in
the Neighbourhood Plan and Zoning By-law as Environmental Protection.
In January 1996, the Clarington Official Plan was adopted by Council and subsequently
approved by the Region in October 1996. The Clarington Official Plan designates the
subject lands as "Urban Residential" and "Town Centre" subject to the policies of
"Special Study Area 1". Map "B" - Transportation, identifies Durham Hwy 2 as a Type
B arterial and a Transit Corridor. Sandringham Drive and Rick Gay Avenue are both
identified as collector roads. Map "C" - Natural Heritage System, identifies some of the
property as having significant woodlands. The features identified on Map "C" trigger an
REPORT NO.: PSD-053-12 PAGE 6
Environmental Impact Study to ensure there are no adverse impacts on the natural
features should development proceed and what should be done to mitigate negative
impacts if development is supported.
6. ZONING BY-LAW
6.1 Within Zoning By-law 84-63, as amended, the subject lands are zoned "Environmental
Protection (EP)" and "Holding - Urban Residential Type One (R1)". The proposal does
not conform to the current zone provisions, hence the rezoning application.
7. PUBLIC SUBMISSIONS
7.1 Staff have received a few enquiries on the proposed application. Although some
enquiries requested clarification of the application, some enquiries expressed concern
that the development would have a negative impact on the environmental features
identified.
8. AGENCY COMMENTS
8.1 At this time comments remain outstanding from the circulated agencies.
9. DEPARTMENTAL COMMENTS
9.1 Comments are outstanding from all circulated departments at this time.
10. DISCUSSION
10.1 The subject lands were partly designated "Residential" and partly "Office Commercial" in
the "Community Central Area" in the Official Plan in effect when the applications were
originally submitted. In the Clarington Official Plan, adopted in 1996, the majority of the
lands are within the designated Courtice Town Centre. The Secondary Plan, required
by Special Study Area 1 policies of the Clarington Official Plan, has not been completed
at this time. As part of the Official Plan Review, work has been undertaken on the
Courtice Main Street Secondary Plan which includes the Courtice Town Centre. A
public open house for the Courtice Corridor Main Street Secondary Plan was held in
June, the statutory public meeting is being held, November 26.
10.2 The application proposes single detached dwellings, on-street townhouse dwellings as
well as ten blocks, 52 townhouse units, to be developed based on a rear lane that would
be part of the municipal road system. Council agreed to consider rear lanes as a pilot
project in the Brookhill Neighbourhood. Phase I of the Brookhill development is
currently being constructed, with rear lanes, but is far from complete. There has not
been sufficient time to fully review how the rear lane pilot project is functioning.
REPORT NO.: PSD-053-12 PAGE 7
10.3 No new or updated supporting documentation has been submitted with the revised
application to address whether the lands currently zoned Environmental Protection (EP)
should be rezoned to allow residential development. The applicant's studies are dated
and do not address the revised proposal currently under consideration. As a minimum
an updated report will need to be submitted to address deletion of the "Environmental
Protection (EP)" zone.
11. CONCURRENCE — Not Applicable
12. CONCLUSION
12.1 The application should be referred back to staff for further consideration including
comments from all the circulated agencies and departments, as well as discussion with
the applicant on supporting documentation and conformity with the policies of the
Clarington Official Plan.
12.2 The Municipal Solicitor and the Director of Planning will seek direction on the upcoming
pre-hearing in January at a subsequent meeting.
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
X Promoting economic development
Maintaining financial stability
Connecting Clarington
X Promoting green initiatives
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Carlo Pellarin
Attachments:
Attachment 1 - Property Location Map
Attachment 2 - Original Proposed Draft Plan of Subdivision 1990
Attachment 3 - Revised Proposed Draft Plan of Subdivision
REPORT NO.: PSD-053-12 PAGE 8
List of interested parties to be advised of Council's decision:
Michael Freedman, Bonnydon Limited
Bryce Jordan, GHD
David I meson
Nancy Marsh
Doug Dickerson, Deputy Mayor, City of Pickering
Jay Davidson
Olaf Rudolph
Melissa Behr
Bruce O'Leary and Gillian McCullough
Meaghan Boisvert
Attachment 1
To Report PSD-053-12
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