The URL can be used to link to this page

Home My WebLink AboutPSD-151-04 ,- .!:...- Cl!J!fflgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE !Iii', Date: Monday, December 6, 2004 {(e5 #(1,fJfI- "S17-o'f By-law #: Report #: PSD-151-04 File #: S-C- 2004-004 and ZBA 2004-049 Subject: PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT APPLICANT: WEST DIAMOND PROPERTIES INC. AND PLAYERS BUSINESS PARK LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: -(;,,~ 1. THAT Report PSD-151-04 be received; 2. THAT the application for proposed Plan of Subdivision S-C-2004-004 and Zoning By- law Amendment ZBA 2004-049 submitted by West Diamond Properties Inc. and Players Business Park Ltd. be referred back to staff for further processing and the preparation of a Secondary Plan for Brookhill Neighbourhood; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: r/Zof__, av , Crome, MCIP, R.P.P, Director of Planning Services Reviewed by: HB*CP*DJC*df 30 November 2004 n linWu, .f Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 llJa ,. ".T REPORT NO.: PSD-151'()4 PAGE 2 1.0 1.1 APPLICATION DETAILS Owner: West Diamond Properties Inc. and Players Business Park Ltd. (Metrus Properties Limited) 1.2 Applicant: Peter Smith, Bousfield Inc. 1.3 Plan of Subdivision: 548 residential unit plan of subdivision consisting of 377 single detached dwellings, 171 multiple attached residential units, 2 park blocks, 2 open space blocks and a public elementary school block is proposed. 1,5 Zoning By-law Amendment: Change the current zoning on the lands from "Agricultural (A)" and "Agricultural Special Exception (A-74)" Zones to an appropriate zone to permit the proposed development. 1.6 Site Area: 34.63 hectares (85 acres). 2.0 LOCATION 2.1 The lands subject to this application are located on the west-side of Green Road approximately 300 metres north of Durham Hwy 2 being Part Lot 17, Concession 2 in the former Township of Darlington (see Attachment 1). The applicant also owns all the lands south of this application to Durham Hwy 2. The southerly lands are subject to Official Plan Amendment and Rezoning applications (COPA 2002-002 and ZBA 2002- 004) propOSing commercial development. 3.0 BACKGROUND 3.1 A submission for these lands was originally received in 2003 at which time it was returned as it was deemed premature due to the lack of pre-requisite studies required by the Official Plan. The application was then resubmitted in Spring 2004 but did not have the correct application fees. On October 15, 2004 the correct application fees were received and the applications for plan of subdivision and rezoning were received and deemed complete under the requirements of the Planning Act. 3.2 The applicant has appealed the application to the Ontario Municipal Board on the basis that the Municipality has failed to make a decision within 90 days from submission of the original application in 2003. The Municipality's Solicitor has advised that there is serious reason to doubt whether the Board has jurisdiction to hear the appeal. Any further information on this issue can be provided to Council in-camera. 3.3 A Phase 1 and 2 Environmental Site Assessment was submitted with the rezoning application for the proposed commercial development to the south (ZBA 2002-004). OJ6 <, REPORT NO.: PSD.151.()4 PAGE 3 The scope of this site assessment includes the lands subject to the applications that are being considered in this report. 4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 4.1 The subject lands are currently being used for an apple orchard, agricultural fields and a golf driving range, The site is relatively flat, gently sloping to the south. The west branch of the Brookhill Tributary crosses the lands and a hardwood forest abuts the north limit of the lands subject to this application. 4.2 Surroundina Uses North - South - forested area apple orchard and golf driving range - applications for commercial development have been submitted for these lands (COPA 2002-002 and ZBA 2002-004) agricultural fields and two rural residential dwellings and the new Public Secondary School currently under construction Lands associated with Rekker's Garden Centre, and the rear and side yards of rural residential properties East - West - 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Reaion Official Plan The Durham Regional Official Plan, designates the lands as Living Area. Lands designated Living Area permit the development of residential areas with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. 5,2 Clarinaton Official Plan 5,2,1 The Clarington Official Plan, designates the subject lands Urban Residential. The use of land in the Urban Residential designation is predominantly for single and semi- detached housing. In addition, there are two (2) Medium Density symbols, a Public Elementary School and a Neighbourhood Park symbol designated for the subject site. The lands are within the Brookhill Neighbourhood, which has a population allocation of 5000 and a housing unit target of 1750, 5,2.2 The predominant use of land within the Urban Residential designation shall be for housing, The Medium Density policies allow for a development with a net density of 31- 60 units per net residential hectare with predominant housing form to include townhouses. There are two Medium Density symbols located at the north east limit of the subject lands (adjacent to the future Longworth Ave) and on the south side of the intersection of Green Road with the mid-block collector road. The Official Plan allocates approximately 60 units per medium density symbol. l.i~( .' , REPORT NO.: PSD-151-D4 PAGE 4 5.2.3 Prior to the consideration and approval of a plan of subdivision, the Municipality shall generally require the preparation of a neighbourhood design plan. Secondary Plans are generally not required unless specified by Council. In this case, Council confirmed that a secondary plan would be required. 5.2.4 The Official Plan identifies the location of arterial and collector roads for the subject lands. Proposals shall be in keeping with the road network as identified in the Official Plan. 5.2.5 The Natural Heritage System in the Official identifies a cold water stream on the subject lands and a significant woodlot adjacent to the north limit of the lands. An Environmental Impact Study is required to be prepared to assess impact of development on the natural features and their functions. 5.2.6 The Official Plan contains policies regarding neighbourhood design including the use of grid street network, prohibiting opposing townhouses along street frontages, and limiting the number of attached townhouses to six (6). 5.2.7 The application as proposed does not conform to many of the above mentioned provisions of the Official Plan. Details regarding conformity are provided in Section 9 of th is report. 6.0 ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned Agricultural (A) and Agricultural Exception (A-74). A Zoning By-law Amendment will be required in order to implement the proposed plan of subdivision. 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 on Green Road. 7.2 As of the date of writing this report, Staff have received a number of enquiries from local residents. These residents enquired as to what was being proposed and timing. 8.0 AGENCY COMMENTS 8.1 A number of agencies have been circulated the proposed plan of subdivision and rezoning application. To date comments have not been received from the following departments and agencies: · Region of Durham Planning Department · Region of Durham Works Department · Durham Region Police Services · Public School Board ti..-)b " REPORT NO.: PSD-151-04 PAGE 5 · Conseil scolaire de district catholique Centre Sud · Conseil scolaire de District du Centre-Sud Quest . Bell Canada . Canada Post . Hydro One Networks Inc. · Clarington Emergency Services . Clarington Operations . Clarington Engineering . CMHC 8.2 The following agencies offered no objections: . Clarington Community Services · Local Architectural Conservation Advisory Committee . Rogers Cable 8.3 The Peterborough Victoria Northumberland and Clarington Catholic District School Board requested that adequate provision be made for sidewalks. Enbridge provided conditions to be included in the subdivision agreement. These comments have been forwarded to the applicant and owner for their consideration and action. 8.4 Central Lake Ontario Conservation notes that without approval of the final subwatershed plan, the Conservation Authority cannot provide comments regarding stormwater management or other subwatershed requirements for the proposed development. The Conservation Authority does not support determination of the alignment of Longworth through the approval of plans of subdivision, The Authority also questions the purpose of the open space blocks as the preliminary findings of the Brookhill Subwatershed study does not identify that this drainage course be retained. The applicant is aware of these comments. 9.0 STAFF COMMENT 9.1 The relationship between the residential neighbourhood and the proposed commercial lands to the south, needs to be carefully reviewed with respect to traffic, noise, access and urban design issues. The original assumptions regarding neighbourhood structure have changed with the proposed redesignation of approximately 30 acres of land at the south limit, from residential to commercial. Furthermore, proposals to remove segments of collector roads (Boswell and Uptown) warrant comprehensive review, not only with respect to the West Main Central Area but, for the Brookhill Neighbourhood. 9.2 The applicant has been advised that the applications as submitted lack conformity with the Clarington Official Plan in a number of ways. They are as follows: · The location of the public elementary school, the neighbourhood park, and the alignment of the western most north-south collector road as proposed does not reflect the location of these land uses as identified on Map A3 and Map B3 in the Plan; tiJ9 . f REPORT NO.: PSD-151-04 PAGE 6 · The school and park exhibit minimal street frontage whereas the Official Plan requires 25% of the perimeter of a school and park to front onto a street. · The applicant proposes 165 units for 2 medium density symbols and proposes a third medium density symbol to be partially located on the south end of their lands. The Official Plan allocates 2 medium density concentrations on these lands, supporting approximately 120 units. The number of units proposed for these medium density blocks exceeds the Official Plan's allocation, · Blocks of townhouses with more than 6 attached units and blocks of townhouses facing each other across a street are proposed, both are contrary to the policies of the Official Plan. · This proposal does not implement a grid-street pattern as required by the Official Plan. The applicant has been advised that either the application be brought into conformity with the Official Plan or an application be submitted to amend the Plan. 9,3 The Clarington Official Plan identifies a number of studies that must be completed prior to consideration of a plan of subdivision, specifically a subwatershed study and a secondary plan/neighbourhood design plan. Staff prepared a report on the merits of a Secondary Plan for this neighbourhood in February 2004. A report under separate cover addresses this issue further. 9.4 An Environmental Impact Study (EIS) is required, as natural features have been identified on and adjacent to the subject property. The applicant has been requested to provide draft terms of reference for review by the Conservation Authority and Municipality prior to the Municipality initiating the Study in accordance with standard practice. The preparation of a stormwater implementation report, a noise study, traffic study and a functional servicing report are also required. The applicant and owner have been advised that these studies/reports must be completed to the Municipality's satisfaction. 10.0 CONCLUSIONS 10.1 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 Secondary Plan for Brookhill Neighbourhood. Attachments Attachment 1 - Key Map b40 .. ~ ,. REPORT NO.: PSD-151-04 PAGE 7 List of Interested Parties to be advised of Council's decision: West Diamond Properties Inc. and Players Business Park Ltd. Peter Smith Lillian and John Bouma Michael Durocher Mark Koenig ti41 =~I- =,::<-1-7- .~ I I . '" '-'-. ..! "~I .., ....... I ....... I ,.- . Ii .. ~BI ~Ilt !!I. :\1'.. ';:0;. .~~ :,.... .!. ,!, _ c.ili ,.-' , __ ," ~ J:+ t; lir~ ~~ :;;:" I !i::'" ii-':' ~~ I-+- m _ lI,n ,.... I:t: < a - '~~a I .....":' I~'__ __ I:t Iii E llsl Ii r-;.. In ll'l:.. 11m:" Il~II=-:'" ~ ~ '-0- ":""1'/"'/'/'1""'1./.1'1'1" pt f. '1'1' '1' '" ;;; """," -' H1= 1'1'1* '" i. ::IL'/~"I'I'/'I'/lI"*I'I'I"'I' f-"- -/'I:'.:: __ t-+ II ._LWM ia.':" I Ii";: IF"~ !:t I. .1.1. .1' '. .~' ,. ,.... ~ 1"1'1"1' i,,"', """'0 =7[;;'-"1" ~ 'i p_ ii_ I-;- $lllIserG ., 0.3301110 !'€."~~ hI ~ r, *1' , · . . .."..' -. 1-+ 1'1'1'1"'" r;L,.i.r;r, ,I i!r":: i!r":: s.: ,,-:/.'.L' ,r,r. 1~~I;i;/. . .i;j. . I:t r"I.I. "i. ;;;;:- . r.;- . " ." :'I:t I' '1'1' , , , · '11'1. ,1,/./. . .1.1,1. .11+< '" ,11,1. ' . h- ~ ,"",,' '1'11'1".1'1./, . '1'1'1' I-i- ~ '. ,1,/1 ,.-!2. ... ~ -,' '1'1 ,,',C' .1.-' h- .1= !il![1 "I _;;.' ! 'I! 11!lfls ')Ii J ! ~ I-i- " .1. .. ~ Il~e- i i 'J! "1!I!f!IEI~ 6 ~ h- r, ,I. , ~ - __ ,.. c ~ I ~ ~I~ !!!!:r - ~ """" -, '1'1'/' '1'1'/'1', ~ '-LL.: ~~~~l !:!~ BLOCK410 tt Ii' $~.o. ~ s/! !j!! =lllsli{l! t -;- ~~~~~~ e!'l~r!- =." .!I~ ....... ~ ti.. - I ~J'Il;H. ~I;I~. .. ;ri ~: ~ :j:.i!jll'I+I~ +/t/w.: r I a _I'll EIl..l:Ol;420/.rZ B1.OCK411 ..Iilll; ;:7';: ~s~ ~B2QhR /; BLOCK 407 f~S~~A50'" //! SCHOOL / / 2484 ha BLOCK 408 ~ ~~h. :".fL-: ". ~ ;11~~ ~-. " .' OENSIT "."1,~.... ......~~ = !!; Der.lSl1Y . 0.191'" .- ~ " ~~ """"" 1;. ~\'2 I'i~ ~O'II ATTACHMENT 1 ."'>If'. __~ ............. PROPOSED LONGWORTH/JACKMAN COLLECTOR ~, - FUnJRE DEVELOPMENT ~ ~ ~ Bl.QO(411l fimlMOENNG ,...~ ~ " u ~ 1ILO(:K41\l fimWlDEI'IlNG ."'~ J PROPOSED COMMERCIAL ZBA 2004-049 Zoning By-law Amendment S-C-2004-004 Draft Plan of Subdivision Owner: Metrus Properties 1/ "'" \)J~