HomeMy WebLinkAboutPSD-054-04
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Clw:illgton
REPORT
PLANNING SERVICES
PUBLIC MEETING
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Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, May 17, 2004
Report #:
PSD-054-04
File #: ZBA 2004-003 and
S-C-2004-002
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By-law #:
Subject:
PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT
TO PERMIT THE DEVELOPMENT OF 35 RESIDENTIAL UNITS
OWNER: HEADGATE GROUP INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-054-04 be received;
2. THAT the application for proposed Plan of Subdivision S-C-2004-002 and amendment
to Zoning By-law 84-63, submitted by Headgate Group Inc. be referred back for further
processing and the preparation of a subsequent report; and
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Reviewed by:
()~UL.-
Franklin Wu,
Chief Administrative Officer
CS*L T*DJC*sh
May 7, 2004
CORPORATION OF THE MUNICIPAliTY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830
607
REPORT NO.: PSD-054-04
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Andy Anderson of Headgate Group Inc.
1.2 Agent: Kevin Tunney, Tunney Planning Inc.
1.3 Plan of Subdivision:
35 residential units, consisting of 29 single-detached dwellings, 6 semi
detached dwellings, a public elementary school block, and a park block.
1.4 Amendment to the Zoning By-law:
To change the current zoning on the lands from "Agricultural (A) Zone"
and "Environmental Protection (EP) Zone" to an appropriate zone to
permit the development.
1.5 Site Area: 4. 043 hectares (9.99 acres).
2.0 LOCATION
2.1 The subject property is located at 1820 and 1824 Nash Road, being west of Hancock
Road, north of Nash Road, in Part Lot 27, Concession 3 in the former Township of
Darlington (Attachment 1).
3.0 BACKGROUND
3.1 On January 27, 2004 Andy Anderson on behalf of Headgate Group Inc. submitted an
application for approval of Draft Plan of Subdivision and a Zoning By-law Amendment to
permit the development of 35 residential units. Additional information, specifically a
Phase 1 Environmental Site Assessment and a Functional Servicing Report were
required before the applications could be considered complete. On March 1, 2004 the
applications were deemed complete and subsequently circulated to agencies for
comment and a public meeting was scheduled.
4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
4.1 The subject lands consists of a mixture of vacant agricultural and forested lands with
storage sheds.
4.2 Surrounding Uses
West - vacant, Draft Approved Plan of Subdivision 18T-92014
East - Courtice Auto Wreckers, rural residential
North - vacant, Draft Approved Plan of Subdivision 18T-92014
South - vacant, rural residential
~
608
REPORT NO.: PSD-054-04
PAGE 3
5.0 SUPPORTING DOCUMENTATION
5.1 Phase I Environmental Site Assessment, dated February, 2004.
The consulting firm of Golder Associates were retained by the applicant to undertake a
Phase 1 Environmental Site Assessment. The primary objective of the assessment is to
document site conditions on the day of the site reconnaissance and if possible identify
former or current practices on the subject property that may present issues of potential
environmental concern.
5.1 .1 Potential environmental concerns were identified with the following:
~ According to interpretation of aerial photographs, Courtice Auto Wreckers was
established some time between 1954 and 1964. Typically, activities carried out
at an auto recycling facility include the handling and storage of solvents and/or
hydro-carbon based materials, which have the potential to impact the subsurface.
Aboveground storage tanks containing unknown contents were also observed on
the site. Based on the anticipated hydraulically upgradient location and close
proximity of the auto recycling facility to the subject property there is potential for
impacts of the subsurface at the site.
~ Various sheds on the subject property where identified containing items such as
solvents/fuel containers, a freezer, chairs, mattresses and scrap metal. The
exterior of some but not all sheds were covered with suspected asbestos-
containing siding.
~ Six 45 gallon drums were present at various locations across the subject property
with the exception of one sealed drum, suspected to be empty, all others
contained items such as snow, ashes, wood, scrap metal, cardboard and rags.
The Ministry of the Environment was contacted to determine if approvals, permits or
licences for the property have been issued or if any control orders or violation
notices have been issued for the property. At the time the Phase 1 Report was
prepared a response from MOE had not been received. Depending on the
comments an addendum to the Phase 1 report may be required.
5.2 Functional Servicing report
The consulting firm of Sernas Associates was retained to prepare a Functional
Servicing Report. The report concluded that the site can be adequately serviced with
municipal sanitary sewer and water once services are extended to Draft Approved Plan
of Subdivision 18T-92014 and provided along Nash Road.
Minor storm drainage can be accommodated in the storm sewer design for Draft
Approved Plan of Subdivision 18T-92014. Major overland flow can be accommodated
with outfall to Nash Road via local streets and outlet to the stormwater management
facility located at the south-east corner of Nash Road and Courtice Road.
609
REPORT NO.: PSD-054-04
PAGE 4
6.0 OFFICIAL PLAN POLICIES
6.1 Durham Region Official Plan
6.1.1 Within the Durham Regional Official Plan, the lands are designated as Living Area, with
an indication of Environmentally Sensitive Areas. Lands designated as Living Area
permit the development of communities with defined boundaries, incorporating the
widest possible variety of housing types, sizes and tenure. Environmentally Sensitive
Areas refer to those natural areas containing wetlands, aquifer recharge areas,
headwater areas, unique plants, wildlife, breeding habitats, vital ecological functions,
endangered species or Natural Areas of Scientific Interest. The subject property is
bounded by Nash Road Street, which is designated as a Type "B" Arterial.
6.2 Clarington Official Plan
6.2.1 Within the Clarington Official Plan, the subject lands are designated as Urban
Residential and Environmental Protection Area. The use of land in the Urban
Residential designation is predominantly for single and semi detached housing. The
lands are within the Hancock Neighbourhood, which has a population allocation of 2900
and a housing unit target of 975.
6.2.2 The Environmental Protection Area is in consideration of a significant woodlot and
wetland 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, as condition of draft approval, 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 not limited to special house and infrastructure design requirements,
stormwater management or construction techniques.
6.2.3 Prior to municipal approval of any draft plan of subdivision, the municipality will prepare
a sub-watershed plan. Where a master drainage plan has been approved, the master
drainage plan will substitute for the requirement for a subwatershed plan. A master plan
was prepared and submitted for the approval of the Municipality and the Central Lake
Ontario Conservation Authority in 1991.
6.2.4 Map D shows a symbol for a Waste Disposal Assessment Area immediately east of the
subject site. 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 otherwise determined by the Province.
610
REPORT NO.: PSD-054-04
PAGE 5
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.
6.2.5 Hancock Neighbourhood Plan
The proposed Plan of Subdivision is located within 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. The proposed
plan of subdivision has been prepared in keeping with the approved neighbourhood
plan.
7.0 ZONING BY-LAW
7.1 Within Comprehensive Zoning By-law 84-63, as amended the lands are zoned
"Agricultural (A)" and "Environmental Protection (EP)". A zoning by-law amendment will
be required in order to implement the proposed plan of subdivision.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site.
A Public Meeting sign were installed on Nash Road.
8.2 On March 14, 2004 Ms. Libby Racansky appeared before Council to express concerns
with urban sprawl particularly in relation to development in and adjacent to the Hancock
Neighbourhood. Her concerns specifically quote the applications submitted by
Headgate and the applications to amend the Durham Region Official Plan, Clarington
Official Plan and Hancock Neighbourhood Plan submitted by Nash Road Development
to expand the urban boundary of Courtice. Ms. Racansky on behalf of the Hancock
residents requested the following:
a) no further development applications be dealt with until the draft Zoning By-law
identifies areas for development, taking into consideration Ministry of Natural
Resources wetland boundary;
611
REPORT NO.: PSD-054-04
PAGE 6
b) refine the Hancock Neighbourhood Plan taking into account the wetland
boundary;
c) planning practices should curb low density urban sprawl by permitting high
density along Nash Road and thereby avoiding expansion to the urban area
boundary.
Council referred the correspondence to the Planning Department for consideration
through the Headgate application.
8.3 On April 5, 2004 Council considered and referred a letter from Udo and Heather
Stevens dated March 16, 2004, regarding development in the Nash/Hancock Road area
to the Planning Department. Mr. and Mrs. Stevens are concerned with the proposed
Highway 407 linkage and development within and adjacent to the Hancock
neighbourhood and the impact it will have on the wetland, farmland and their quality of
life.
9.0 AGENCY COMMENTS
9.1 Comments have not been received from the following departments and agencies:
. Region of Durham Planning Department
. Region of Durham Works Department
. Ministry of Culture
. Ministry of Environment
. Public School Board
9.2 The following agencies offered no objections:
. The Clarington Emergency Servi.ces Department
. Engineering Services- Building Division
. Region of Durham Health Services Department
9.3 The Clarington Engineering Services Department Engineering and Parks Division
offered the following comments.
. Actual development cannot proceed until such time as suitable road connections
and all related urban services have been constructed within the adjacent draft
plan of subdivision. Suitability of road accesses and timing of development will
be made at the sole discretion of the Director of Engineering Services.
. Nash Road is designated as a Type 'B' Arterial in the Clarington Official Plan. A
5.00 metre road widening is required.
. All utilities such as hydro, telephone and cable within the streets must be
installed underground.
· Temporary turning circles will be required at the terminus of Street 'B' and 'C'.
Lots 5,6,7,8,16,17,27, and 28 will remain frozen until such time as the roads are
extended to the east and finished to an urban standard.
612
REPORT NO.: PSD-054-D4
PAGE 7
· Lots 18-20 will be landlocked until an adjacent road is constructed on the east
side of the lots.
· The applicant must provide an On-street Parking Plan.
· The applicant must submit a plan indicating the proposed entrance and driveway
location for all corner lots. The proposed entrances must conform to all current
zoning requirements.
· The developer is required as a condition of the subdivision agreement to make
the front end payments to the Municipality for the amounts stated in the front end
agreement entered into between the Municipality and Macourtice Developments
Inc. for the storm water management facilities located at Courtice Road and
Nash Road.
· The storm water drainage works and facilities necessary for this development
must be constructed in accordance with the Black Creek Tributary Master
Drainage Study.
· The applicant's engineer will be required to prepare a Preliminary Grading and
Drainage Plan.
· Construction of the development cannot proceed until such time as the
Municipality has approved expenditure of funds for the reconstruction of Nash
Road to full urban standards from Courtice Road (Regional Road 34) to Hancock
Road.
· The owner will be responsible for 50% of cost for the reconstruction of Nash
Road fronting Lots 29 to 32. The cost will include any works including storm
water drainage improvements that are deemed necessary by the Director of
Engineering Services.
· Block 36 (Park) must be provided gratuitously to the Municipality as parkland
dedication.
9.4
The Central Lake Ontario Conservation Authority advises that a portion of the
Black/Farewell Provincially Significant Wetland Complex is located on the subject
property. An Environmental Impact Study (EIS) will be required, to the satisfaction of
the CLOCA, prior to issuance of positive comments on the applications for rezoning or
Draft Plan of Subdivision. Once the EIS is completed and the developable portions of
the property are determined, it will be necessary for the proponent to revisit the
Hancock Neighbourhood Design Plan.
9.5
Bell Canada does not require any easements or leases for its services. As a condition of
draft plan approval the owner will be requested to enter into an agreement with Bell
Canada complying with any underground servicing conditions imposed by the
Municipality.
613
~
REPORT NO.: PSD-OS4-04
PAGE 8
10.0 STAFF COMMENTS
10.1 The applicant wishes to develop a 35 residential unit Plan of Subdivision consisting of
29 single detached dwellings and 6 semi detached dwellings. The draft plan also
includes portions of a park block and a public elementary school block identified in the
Hancock Neighbourhood Plan. The balance of the school and park blocks are shown
on Draft Approved Plan of Subdivision 18T 92014.
10.2 The Hancock Neighbourhood has been identified for urban residential development in
the Clarington Official Plan. It contains provisions for a neighbourhood park, public
elementary school, single and semi detached residential units. A large portion of the
neighbourhood is covered by an Environmental Protection Area in consideration of the
Black/Farewell Wetland Complex and significant woodlots. The Hancock
Neighbourhood Plan further defines the neighbourhood by identifying areas for existing
and future development, roads, storm water facilities, woodlots and green space. The
Neighbourhood plan was approved in 1998.
10.3 The subject property is immediately adjacent to Draft Approved Plan of Subdivision
18T-92014, also know as Courtice Heights Developments. In 1995 Council deferred
consideration of the applications for draft plan of subdivision approval and rezoning for
18T-92014 and 18T-94027 until the approval of the Clarington Official Plan. The
applicant appealed the applications to the Board on the basis of Council's refusal or
neglect to make a decision of the applications. The applications were approved by the
Ontario Municipal Board in July 1999. Development of the Headgate lands relies on the
timing of service and road infrastructure for the Courtice Heights Development land.
10.4 In 1999 the Ministry of Natural Resources re-evaluated the wetland and identified
additional areas as being ecologically significant and added them to the Complex. A
portion of the wetland complex is identified on the school and park block on the
Headgate lands. A large portion of the wetland is also west of 18T-92014 and south of
18T-94027. The Provincial Policy Statement states that no development will take place
on a significant wetland, however development may be permitted on adjacent lands if it
can be demonstrated that there will be no negative impacts on the natural features or on
ecological functions. In keeping with the Provincial Policy Statement the Clarington
Official Plan requires an EIS for development within 120 metres of a wetland or wetland
complex. Staff met with Mr. Anderson of Headgate and Mr. Manson of Courtice Heights
Developments to discuss the need for Environmental Impact Studies in the area. Mr.
Anderson agreed to undertake the EIS for the wetland portion on the Headgate lands
while Mr. Manson, by letter agreed to undertake an EIS for the area south of Plan of
Subdivisions 18T-94027 and west of 18T-92014.
Once the recommendations for both EIS studies have been reviewed and deemed
acceptable by the Municipality and the Central Lake Ontario Conservation, the Hancock
Neighbourhood Design Plan will be examined.
614
REPORT NO.: PSD-054-04
PAGE 9
11.0 CONCLUSIONS
11.1 The purpose of this report is to satisfy the requirements under the Public Meeting under
the Planning Act, and taking into consideration the outstanding comments, staff
respectfully request that this report be referred back to staff for further processing and
the preparation of a subsequent report.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Hancock Neighbourhood Plan
List of interested parties to be advised of Council's decision:
Mr. Andy Anderson
Headgate Group Inc.
85 Curlew Drive
Suite 107
Toronto, Ontario
M3A 2P8
L 1 E 2M1
Mr. Kevin Tunney
Tunney Planning Inc.
340 Byron Street South
Suite 200
Whitby, Ontario
L 1 N 4P8
Mr. Bill Manson
WDM Consultants
20 Clematis Road
Willowdale, Ontario
M2J 4X2
Ms. Libby Racansky
3200 Hancock Road
Courtice, Ontario
L 1 E 2M1
Mr. Udo Stevens
Mrs. Heather Stevens
3166 Hancock Road
Courtice, Ontario
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615
Courtice Key Map
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Plan of Subdivision
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