HomeMy WebLinkAboutPD-29-95THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
1. THAT Report PD -29 -95 be received;
2. THAT the application for rezoning and draft plan of
subdivision submitted by WDM Consultants be referred back to
staff for consideration subsequent to the adoption and
approval of the new Clarington Official Plan; and
3. THAT the Region of Durham and the interested parties listed in
this report and any delegation be advised of Council's
decision.
1. APPLICATION DETAILS
1.1 Applicant: Claret Investments Ltd. and Rexgate
Holdings Ltd. (Courtice Heights
Developments)
1.2 Agent: WDM Consultants
1.3 Subdivision: 34 single detached units, 128 semi-
detached units and 28 townhouse units,
for a total of 190 units, with blocks for
future development
1.4 Rezoning: from "Agricultural (A) " and
"Environmental Protection (EP)" to an
appropriate zone or zones to implement
RECYCLED A-P
R RECYCLE
1H 4S 2 PRIMED M RECYCLED PAPER
REPORT NO.: PD -29 -95 PAGE 2
the above proposed development.
1.5 Area: 9.36 ha (23.13 acres)
2. LOCATION
2.1 Legal Description:
Part Lot 28, Concession 3, former Township of Darlington
2.2 Relative Location:
The subject lands are located on the east side of
Courtice Road, Lot 28, Concession 3, approximately midway
between Pebblestone and Nash Roads (see Attachment #1).
3. BACKGROUND
3.1 On December 28, 1994, an application for approval of a
plan of subdivision was submitted by WDM Consultants to
the Region of Durham. On December 29, 1994, WDM
Consultants also filed an application for rezoning with
the municipality to amend the former Town of Newcastle
Comprehensive Zoning By -law 84 -63 in order to implement
the proposed plan of subdivision (see Attachment #2).
3.2 The subject property falls within Courtice North
Neighbourhood 3C (see Attachment #3). On April 13, 1992,
the applicant filed applications with the Town of
Newcastle Planning and Development Department for a
Neighbourhood Plan Amendment and an Official Plan
Amendment for Neighbourhood 3C. The applications for
Neighbourhood Plan Amendment and Official Plan Amendment
have previously been addressed under Planning Report
number PD- 22 -93. In regards to that report, under
resolution number GPA -58 -93 Council stated that the
applications be "referred back to staff to be considered
in the context of the Town of Newcastle's Official Plan
Review ".
524
REPORT NO.: PD -29 -95 PAGE 3
4. PUBLIC NOTICE
4.1 In accordance with the Town's procedures and the
requirements of the Planning Act, written notice was
given as follows:
• the appropriate signage acknowledging the
application was installed on the subject lands; and
• written notice was circulated to all property
owners falling within a 120 metre radius
surrounding the site.
4.2 As of the writing of this report two public enquiries
have been received by staff:
• one was in favour of the application and wished to
be kept informed of its progress; and
• the second stated concerns about the impact of tree
clearing on storm drainage west of Courtice Road
and on the ground water table, expressed preference
for development which is more sensitive to the
environmentally sensitive nature of the area and
voiced opposition to what would be non - sequential
development, stating that the southern part of
Hancock Neighbourhood should develop first.
5. LAND USES
5.1 Existing Uses: fallow farm land
5.2 Surrounding Uses:
North - woodlot and scattered residential
development
South - strip residential development
East - strip residential development and
Hancock Rd.
West - woodlots and strip residential
development
REPORT NO.: PD -29 -95 PAGE 4
6. OFFICIAL PLAN POLICIES
6.1 Within the 1991 Durham Region Official Plan the subject
property is designated "Living Area" with indications of
"Environmentally Sensitive Areas ". Lands designated
"Living Area" shall be primarily for housing purposes.
The "Environmentally Sensitive Areas" have been
identified to ensure the preservation, conservation or
enhancement of its deemed valuable ecological functions.
Section 2.3.17 of the Durham Region Official Plan
requires that an environmental impact study be prepared
under the direction of the Region. This has been
conducted and is discussed under the comments section of
this report.
6.2 Within the former Town of Newcastle Official Plan the
subject property falls within the Courtice Major Urban
Area and is designated "Residential ". Schedule 6 -2 of
the former Town of Newcastle Official Plan identifies the
property as an "Environmentally Sensitive Area ". Section
6.4.2 (i) of the Official Plan states that lands so
identified shall be examined through the preparation of
an Environmental Impact Analysis. In 1981 an analysis
was completed and its findings are discussed in Section
8.5 of this report.
6.3 Section 6.1.2 iii (a) of the Town of Newcastle Official
Plan states that Neighbourhood Plans shall be prepared
for the Courtice Urban Area's residential neighbourhood.
Such plans have been prepared for all of Courtice's
neighbourhoods with the exception of the northerly
portion of Courtice North Neighbourhood 3C, the location
of this application under consideration. Attachment #3
depicts the existing partial development plan for
526
REPORT NO.: PD -29 -95 PAGE 10
been deferred for consideration by Council pending
consideration of the new Clarington Official Plan.
8.4 An Environmental Impact Analysis (EIA) undertaken by the
Municipality in 1981 for the Courtice North Urban Area
identified large portions of the lands subject to
application as an Open Space Area and a Special Policy
Area, with some lands shown as an Environmental /Hazard
Area (see Attachment #4). The report stated that the
Open Space Area should be developed as estate lots or be
utilized as open space. The Special Policy Areas were so
identified because the impact of the development on the
shallow water table was unknown. The applicant's
hydrogeological and environment consultants addressed
this matter but the Ministry of Natural Resources, CLOCA
and the Region considered the work insufficient to
constitute an environmental impact analysis.
8.5 In 1994 an "Environmental Impact Study of the Courtice
Major Urban Area - Regional Municipality of Durham" was
prepared by Ecological Services for Planning Ltd for the
Region of Durham.
The applicant was one of the developers which contributed
to the funding of the study. Attachment #5 identifies
the site as containing Environmental Units F2 and E1, the
F2 being "Moderate Sensitivity" and the E1 "High
Sensitivity ". The Moderate Sensitivity rating is
considered to possess moderate sensitivity to impacts
from development. The change in the sensitivity ranking
was the result of the lands being "previously disturbed
5- 3 C_
REPORT PD-29-95 PAGE 5
Neighbourhood 3C, showing the lands subject to this
report and other lands owned by the applicant. Section
6.1.2 iii(b) stipulates that Neighbourhood Development
Plans shall be prepared and approved by Council "prior to
approval of plans of subdivision ".
6.4 Map A of Clarington's Draft Official Plan indicates an
urban area boundary for Courtice to the year 2021, in
accordance with the Durham Region Official Plan. An
"Interim Urban Boundary" has been identified to delineate
lands which are to be developed within a 15 to 20 year
period, in accordance with Provincial policy.
The subject property falls outside the "Interim Urban
Boundary" in the Draft Official Plan. The lands are
designated "Urban Residential" and "Medium Density
Residential ", with a "Green Space" portion on the eastern
section. The predominant use of lands designated as
Residential shall be for housing purposes. Lands
designated "Green Space" shall be for active and /or
passive recreational and conservation uses, including
parks, conservation areas and reforestation.
6.5 The delineation of the proposed Interim Urban Boundary is
undergoing review. In public submission number W131 the
applicant stated a number of concerns about the Draft
Official Plan, including such matters as follows:
• the exclusion of the development site from the
interim urban area boundary;
® an increase in population from the current Official
Plan limit of 1900, the proposed Official Plan
limit of 2900 and the applicant's desire for 4500;
2_
REPORT NO.: PD-29-95 PAGE 6
• the proposed "Green Space" designation;
• the proposed alignment of the north /south collector
and the east /west mid -block collector;
• deletion and identification of tributary types; and
• setting the basis of the Plan to the years
2015/2016. Staff are considering these concerns in
conjunction with other public submissions and
agency comments on the Draft Official Plan.
7. AGENCY COMMENTS
7.1 In accordance with departmental procedures the
application was circulated to obtain comments from other
departments and agencies. The following
departments /agencies, in providing comments, offered no
objection to the application as filed:
• Regional Health Department;
• Ministry of Agriculture and Food;
• Clarington Fire Department;
• Ontario Hydro; and
• Clarington Hydro.
7.2 Comments from the Ministry of Culture, Tourism and
Recreation state that the subject lands have a high
potential for the discovery of archaeological remains and
recommend that an archeological assessment be carried out
prior to any earth disturbance.
7.3 The Northumberland - Clarington Board of Education has
commented with concerns that the development of this plan
of subdivision and the other lands owned by the applicant
will proceed before a school site is developed in
J
REPORT NO.: PD-29-95 PAGE 70
Neighbourhood 3C. If so they request that a school site
be included within either of the plans of subdivision to
accommodate the number of students generated and also
request sidewalks on all roads.
7.4 The Municipality of Clarington Public Works Department
considers the application to be premature and that the
application can not proceed further until the following
items are addressed:
• a neighbourhood development plan must first be
approved by the Municipality and the Region of
Durham;
• a traffic study must be submitted showing the
impact of the proposal on vehicular and pedestrian
traffic and all improvements required external to
the site to allow it to be incorporated properly;
• the area must be included in the Development
Charges Study so that the Municipality has funds
allotted for all necessary upgrades and
improvements such as roads, sidewalks and street
illumination;
• the development cannot proceed until the final
alignment of Adelaide Avenue has been approved by
the Municipality and the Region of Durham;
• a revised servicing report is to be prepared
addressing the conveyance of the minor and major
storm systems to the proposed storm water
management pond at Nash and Courtice Roads;
2 01
REPORT NO.: PD-29-95 PAGE 8
• a stormwater management report, satisfactory to the
Director of Public Works, the Ministry of Natural
Resources and the Central Lake Ontario Conservation
Authority must be submitted and conform to the 1991
East Tributary of Black Creek Master Drainage
Study, which would address the conveyance of the
minor system and major overland flow to the
detention pond;
• easements may be required from the site to convey
the storm water to the management pond;
• the Master Drainage Study also address the
construction of facilities, the purchase of land
and the sharing of costs of any facilities which
will benefit the watershed as a whole, which the
applicant will be required to adhere to;
• street D and all other collector roads shall have a
minimum width of 26 metres with a minimum
horizontal radius of 130 metres;
• a temporary turning circle is to be incorporated at
the west limit of street E, freezing the abutting
lots until the circle is removed; and,
• the temporary road connections proposed on lots 77,
92, 107 and 126 are to be replaced with a temporary
turning circle at the north limit of street D, or
with a block to the north of lots 1 and 126 for a
turning circle.
The Public Works Department will provide further comments
when the above concerns have been satisfactorily
addressed.
REPORT NO.: PD-29-95 PAGE 9
7.5 As of the writing of this report comments remain
upstanding from the following departments and agencies:
• Ministry of Natural Resources;
• Region Of Durham Planning Department;
• Region of Durham Public Works Department;
• Clarington Community Services;
• Central Lake Ontario Conservation Authority;
• Separate School Board;
• Canada Post Corporation; and
• Bell Canada.
8. STAFF COMMENTS:
8.1 Staff are currently undergoing a comprehensive review of
the submissions on the Draft Official Plan. The Interim
Urban Boundary is of particular importance as its
placement will determine the direction of growth within
the next 15 to 20 years The subject lands were not
incorporated within the Interim Urban Area boundary in
the Draft Official Plan. As the Official Plan is being
finalized, staff will be reviewing the pros and cons of
the applicant's request to place the property within the
Interim Urban Area.
8.2 The 1992 Council- approved Town of Newcastle Development
Charges policy report does not identify the Capital Works
required to service this area within its 10 year capital
works program.
8.3 The Official Plan for the former Town of Newcastle
requires that a neighbourhood plan be prepared and
approved prior to the development of plans of
subdivision. As previously discussed, such a plan has
been prepared by the applicant. However, the plan has
REPORT NO.: PD -29 -95 PAGE 11
by complete removal of vegetation or selective timber
harvesting ". This is evident as Map 5 of the 1981
Environmental Impact Analysis shows the site to be almost
completely wooded.
The 1994 report states that the area is part of
"important environmental units for species utilizing less
mature habitat" and that it is "preferable to maintain
sections" of the site when considering applications for
development. The E1 Environmental Unit is identified as
a "High Sensitivity" area. "It possesses a diverse
composition of ground flora consisting of many native
plant species ", has "high water table conditions" and is
"significant for groundwater recharge ".
8.6 The Environmental Impact Study listed recommended
considerations for the review of development proposals.
In addressing the F2 Moderate Sensitivity unit the
recommended considerations were to consider the
protection of natural forested core areas, buffers and
forested corridors and practicing the Study's suggested
mitigation strategy, which included such measures as
follows:
0 minimizing the impermeable cover;
• encouraging the infiltration of runoff;
• avoiding installation of buried services and
basements below the water table;
• timing of sediment removal to preserve surface
water quality; and
• erecting fences at the rear of lots to limit access
points to natural areas.
For the E1 High Sensitivity area the recommendations
included the above as well as incorporating groups of
3-)
REPORT NO.: PD -29 -95 PAGE 12
mature trees into the development and the protection of
the high species diversity. In consideration of the plan
of subdivision the developer would need to address the
means of implementing the recommendations of the
Environmental Impact Study.
8.7 In February of this year the Ministry of Environment and
Energy received a request from a Courtice resident "that
Clarington's Official Plan, specifically Courtice North
(3a, b & c) and adjacent lands, be designated under the
Environmental Assessment Act ". The Ministry has
requested various agencies, including the Planning
Department, to provide comments on the designation
request. Planning staff will be responding to the
Ministry through a report to Council in the near future.
8.8 An Environmental Assessment is required for the extension
of Adelaide Avenue through north Courtice in order to fix
the alignment of Adelaide Avenue within or in the
vicinity of the applicant's lands. Staff will be
reporting on this matter in the near future.
9. CONCLUSION
9.1 Staff's previous recommendation on the other lands owned
by the applicant in Neighbourhood 3C, subject to plan of
subdivision and rezoning, was to deny without prejudice
as premature. Staff believe this to be true of this
application. However, in light of Council's disposition
of the previous application it is recommended that the
application be referred back to staff pending the
adoption and approval of the new Clarington Official
Plan.
534
REPORT NO.: PD -29 -95 PAGE 13
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
IL *DC *FW *df
*Attach
10 March 1995
Reviewed by,
W.H. Stockwel
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's
decision:
WDM Consultants
20 Clematis Road
Willowdale, Ontario
M2J 4X2
-Pam Callus
3452 Hancock Road
Courtice, Ontario
L1E 2L6
Ivan Perun
5325 Enfield Road
RR #1
Hampton, Ontario
LOB 1J0
Libby Racansky
3200 Hancock Road
Courtice, Ontario
L1E 2M1
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DEV. 94 067
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AREA TABLE
RESIDENTIAL SINGLE
_1.417
RESIDENTIAL SEMI - DETACHED
RESIDENTIAL ST. TOWNHOUSE
..r ts.a,nna_4.057
-=.. ...n
0.679
RESIDENTIAL RESERVE
4.... q .n_0.099
ROAD WIDENINGS
- •w
0.056
ROADS
M
UNIT COUNT
TOTAL
9IMS
^rte
12m SINGLES (D)
74
9. SEMI - DETACHED (S)
126
6m STREET TOWNHOUSE (T)
TOTAI
21
790 r
226. C.W.
tm.I
0.707
20. R.O.W.
n• «.I
2,}jb
TOTAL
7.097 ti
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'7 4trk 6
� 1
SUBJECT
S ITE
OTHER LANDS
OWNED BY
o APPLICANT
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LANDS SUBJECT
To FURTHER AMENDMENT
TO THE NEIGHBOURHOOD
DEVELOPMENT PLAN
Q,
ICOURTICE NORTH NEIGHBOURHOOD 3C
LAND USE STRUCTURE PLAN 0 100 200
SCHEDULE 1 C
MEDIUM DENSITY RESIDENTIAL M
MAX. UNITS PER NET HECTARE \40J
LOW DENSITY
RESIDENTIAL
RESIDENTIAL
SPECIAL POLICY
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