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Public Meeting Report
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Report To: General Purpose and Administration Committee
Date of Meeting: April 20, 2015
Report Number: PSD-023-15 Resolution: GP k�
File Number: S-C-2014-0003 & ZBA 2014-0031 By-law Number:
Report Subject: Applications by 1127009 Ontario Inc. (Headgate Developments Inc.)
for Draft Plan of Subdivision and Rezoning for 24 single detached
dwellings with rezoning to permit development of the plan of
subdivision
Recommendations:
1. That Report PSD-023-15 be received;
2. That staff consider the public comments received in the further processing of the
applications for plan of subdivision (S-C-2014-0003) and to amend the Zoning By-law
(ZBA 2014-0031) submitted by 1127009 Ontario Inc. (Headgate Developments Inc.) for
the development of 24 single detached dwellings and that a subsequent
recommendation report be prepared; and
3. That all interested parties listed in Report PSD-023-15 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report PSD-023-15 Page 2
Report Overview
The Municipality is seeking public comments for applications it has received from 1127009
Ontario Inc. (Headgate Developments Inc.). The applicant is proposing a Rezoning to permit a
proposed Draft Plan of Subdivision with 24 single detached dwellings. The lands are at 388
North Scugog Court, Bowmanville, which is on the west side of North Scugog Court between
Knox Christian School and Durham Christian High School. The lands previously had approval
for a 36 semi-detached dwelling unit plan of subdivision.
1 . Application Details
1.1 Owner/Applicant: 1127009 Ontario Inc. (Headgate Developments Inc.)
1.2 Agent: Tunney Planning Inc.
1.3 Proposal: Proposed Draft Plan of Subdivision
A cul-de-sac with 24 single detached lots, two blocks near North
Scugog Court, have been reserved by the Owner for future
development. A 1.4 hectare (3.46 acre) open space block is
identified in the southwest portion of the plan, and other blocks
are identified for buffer and storm water overland flow.
Proposed Rezoning
From "Urban Residential Type One (R1)" and "Holding—Urban
Residential Type One ((H) R1)" to appropriate zones to permit
the proposed draft plan of subdivision with 11.3 metre (37 foot)
frontage lots. The Open Space blocks will remain within the
existing "Environmental Protection (EP)" zone, the limits of which
will be specified through the review and acceptance of an
Environmental Impact Study.
1.4 Area: 3.69 hectares (9.118 acres)
1.5 Location: 388 North Scugog Court, Bowmanville
1.6 Within Built Boundary: No
2. Background
2.1 A Plan of Subdivision for 36 mainly semi-detached dwelling units on the property that was
draft approved on March 10, 1997 (Attachment 2) but the approval lapsed on October 27,
2014. This proposed Plan of Subdivision is the replacement for the lapsed subdivision
plan. The Owner was having difficulty achieving final approval of the previous draft
approved plan as a consequence of current municipal and conservation authority
standards. This was especially true regarding grading, drainage and development
adjacent to the valleylands. The Owner agreed to allow the original draft approval to
Municipality of Clarington
Report PSD-023-15 Page 3
expire and to work towards draft approval of an application that better satisfies current
standards. The new subdivision application proposes a decrease in the number of
dwellings from 36 to 24, and from predominantly semi-detached to single detached
dwellings.
Figure 1: Proposed Draft Plan of Subdivision
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Municipality of Clarington
-Report PSD-023-15 Page 4
Figure 2: Original Draft Approved Plan of Subdivision
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2.2 The following supporting studies have been submitted:
• Slope Stability Assessment Report Proposed Residential Development North
Scugog Court and Bons Avenue Municipality of Clarington by Soil Engineers Ltd.;
• Environmental Noise Assessment Sudds Court Draft Plan of Subdivision for
Headgate Developments Inc. by YCA Engineering Limited, November 2014;
• Environmental Impact Study North Scugog Court Draft Plan of Subdivision for
Tunney Planning Inc. by Niblett Environmental Associates Inc., November 2014;
• Stage 1 and 2 Archaeological Assessment for Proposed Draft Plan for 1127009
Ontario Inc. c/o Headgate Developments Inc. by Archaeological Services Inc., June
18, 2014;
Municipality of Clarington
Report PSD-023-15 Page 5
• Phase One Environmental Site Assessment North Scugog Court and Regional
Road 57 for Headgate Developments Inc. by Pottinger Gaherty Environmental
Consultants Ltd., December 1, 2014; and
• Functional Servicing Plan Headgate Subdivision by MMM Group Limited, November
2014.These reports have been circulated to agencies and other departments for
review. A detailed review of the supporting documents will be provided in a future
staff report.
2.3 A pre-consultation meeting was held in September 2014 and the proposed Draft Plan of
Subdivision Application and related Rezoning Application were submitted on December
2, 2014.
3. Land Characteristics and Surrounding Uses
3.1 The highly irregular shape of the property (see Fig. 1) has a northeast to southwest
orientation. The northeastern part of the property, generally above top-of-bank, is
designated Urban Residential and the southwestern part, generally below top-of-bank, is
woodland, located in the Bowmanville Creek Valleylands, and designated Environmental
Protection. Regional Road 57 is the west limit of the subject property. The south limit is a
shared boundary with the property containing Proposed Plan of Subdivision S-C-2014-
0001 (see Figure 1). Durham Christian Secondary School is south of the subject
property. Knox Christian Elementary School is to the north of the subject property. The
property has frontage on North Scugog Court, with existing detached dwellings on either
side. On the other side of North Scugog Court are residential subdivisions.
Municipality of Clarington
Report PSD-023-15 Page 6
Figure 3: Site Location Context
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4. Provincial Policy
4.1 The Provincial Policy Statement
The Statement encourages planning authorities to create healthy, livable and safe
communities by accommodating an appropriate range and mix of residential,
employment, recreation, park and open space; and other uses to meet long term needs.
The most relevant policies relating to this application can be summarized as follows:
• New development in settlement areas shall have a compact form, a mix of uses and
densities that allow for the efficient use of land, infrastructure and public services.
• A full range and mix of housing types and densities shall be provided to meet
projected requirements of current and future residents of the regional market area.
• A full range of built and natural settings for recreation including parks, open space
areas, trails and linkages are to be provided.
• Planning for Infrastructure and public service facilities must be efficient and cost
effective while considering climate change impacts.
Municipality of Clarington
Report PSD-023-15 Page 7
• Development adjacent to natural heritage features must demonstrate that there will
be no negative impacts on the natural features or their ecological functions.
• Development shall be directed to areas outside of hazardous lands impacted by
flooding and erosion.
4.2 Provincial Growth Plan
The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas. Municipalities are encouraged to create complete
communities that offer a mix of land uses, employment and housing options, high quality
open space, and access to stores and services.
Municipalities should establish an urban open space system within built up areas.
The subject lands are identified as Greenfield area, and outside of the Built-up area. In
greenfield areas, growth is to make efficient use of services and infrastructure and be
compact and transit-supportive. The Growth Plan requires municipalities to achieve a
minimum density target that is not less than 50 residents and jobs combined per hectare
in the designated greenfield area and is measured across the Region of Durham.
5. Official Plans
5.1 Durham Regional Official Plan
The subject property is designated "Living Areas" and "Major Open Space Areas" in the
Regional Official Plan. Lands located within the "Living Areas" designation are
predominantly to be used for housing purposes. Lands designated "Major Open Space
Areas" within urban areas are predominantly to be used for conservation purposes.
Key Natural Heritage and Hydrologic Features on and adjacent to the site require the
completion of an Environmental Impact Study for development in proximity to features.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands as Urban Residential Area. The
lands associated with the Bowmanville Creek are designated Environmental Protection
Area. The lands are within the Knox Neighbourhood, which has a population allocation of
5350 and a housing target of 1950, 1350 of which are for low density units.
The Environmental Protection Area designation reflects the location of the
Bowmanville Creek and associated valley lands along the west side of the property.
Significant woodlands are also present on the subject lands. An Environmental Impact
Study was prepared giving consideration to both features.
New development in established neighbourhoods is to be designed to respect and
reinforce the physical character having regard to the pattern of lots, streets and blocks,
the size and configuration of lots, building types of nearby properties, the height and
scale of buildings and the setback of buildings from the street, rear and side yards.
Municipality of Clarington
Report PSD-023-15 Page 8
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands "Urban Residential Type One (R1)",
"Holding Urban Residential Type One ((H) R1)" and "Environmental Protection (EP). A
Zoning By-law amendment is required to implement the proposed draft plan of
subdivision.
7. Public Notice and Submissions
7.1. A Notice of Public Meeting was given by mail to each landowner within 120 metres of the
subject property and a public meeting notice was installed on the property in the centre of
the North Scugog Court frontage by March 24, 2015.
7.2 As of the writing of this report, one neighbor has made an inquiry. Staff also met with the
Principal and a representative of Durham Christian High School. A brief history of the
proposal and drainage at the shared property line was discussed.
8. Agency Comments
8.1 Central Lake Ontario Conservation Authority
The Central Lake Ontario Conservation Authority noted the western portion of the
property is regulated and so, permit permission from the Authority is required prior to any
development activity in this area. The Authority must be satisfied regarding flooding and
erosion control, pollution or the conservation of land, during and post development.
Based on contour information, Conservation Authority staff identified portions of proposed
subdivision lots 11 to 15 as extending beyond top of the existing bank into a valley slope
erosion hazard. The Authority will not permit this. A site walk with the applicant,
Conservation Authority and Clarington Planning staff on April 7 identified a more realistic
top-of-bank for the lots in question. This will require a revision to the proposal. This
revision to the plan is expected to positively impact other concerns such as grading on
lots 13 to 16.
Any required drainage or grading works on properties owned by others, if unavoidable,
must be accompanied by written permission of said property owners. Pre and post
development flows directed to Bowmanville Creek must be calculated and if there is an
increase, controls are required. The Slope Stability Assessment Report did not identify
the substantial incised ravine and related gullies sloping sharply to Bowmanville Creek
despite identification in the Golder Associates 2005 Study. It is not clear that previous
studies such as the above study and seasonal variations in site conditions were
considered with the most recent submission. There are slope stability issues that need to
be addressed prior to the Authority supporting the development limits related to slopes.
No development will be allowed within the stable slope allowance or the access
allowance.
Municipality of Clarington
Report PSD-023-15 Page 9
The Environmental Impact Study must be three seasons - spring, summer and fall. The
Study needs revisions to include breeding bird surveys, amphibian surveys, and spring
and summer vegetation surveys, all according to acceptable protocols. Authority Staff do
not support the conclusions and recommendations of the Environmental Impact Study.
8.2 Durham Region
Durham Region has commented the proposed development pattern is consistent with the
existing residential neighbourhoods along North Scugog Court. The Region requires the
applicant address Central Lake Ontario Conservation Authority concerns and conform to
the Provincial Policy Statement regarding the erosion hazard lands prior to proceeding
with the development.
The proposed subdivision has a density of approximately 16 dwelling units per net
hectare but it is acknowledged that environmental constraints on the property limit
development. Clarington is to ensure that development of its greenfield areas contributes
to the overall greenfield density target for the Region with shortfalls accommodated
elsewhere in Clarington.
The Region requires a Phase II Environmental Site Assessment to be Record of Site
Condition complaint and the Phase II results will determine whether or not a Record of
Site Condition must be filed with the Ministry of Environment and Climate Change. The
Assessment author is requested to complete a "Reliance Letter" and "Certificate of
Insurance".
For the Noise Study the Region requires to implement the recommendations, which will
be in the Clarington Subdivision Agreement.
Regarding the Environmental Impact Study, the Region noted the Central Lake Ontario
Conservation Authority has requested changes to the subdivision plan to protect the
environment.
One of the Region's conditions of draft approval will be submission of a clearance letter
from the Ministry of Tourism, Culture and Sport regarding the Ministry's requirements
pertaining to the Archaeological Assessment. Water supply and sanitary sewer are
available from North Scugog Court. The Region's conditions of draft approval will be
provided once all of the Central Lake Ontario Conservation Authority concerns have been
addressed and the plan revisions have been submitted to the Region for review.
8.3 School Boards
The Public School Board had no objections to the proposal. Children from the
subdivision would be served by Charles Bowman Public School at the elementary school
level, and Bowmanville High School at the secondary school level. A public sidewalk was
recommended along the proposed street— Sudds Court.
Municipality of Clarington
Report PSD-023-15 Page 10
8.4 Veridian Connections, Rogers Communications and Canada Post all have no objections
to the proposal. However, they have each provided conditions of approval the applicant
will be required to satisfy.
9. Departmental Comments
9.1 Emergency and Fire Services
The department had no fire safety concerns.
9.2 Engineering Services
Prior to approval of this proposed draft plan of subdivision, the applicant must satisfy the
department on a number of issues.
The Functional Servicing Plan noted 16 of the subdivision's 24 lots will have foundation
drains that will discharge to the surface by sump pump, leaving only 8 foundation drains
to connect to municipal storm sewers. This does not meet the municipal standard. All
foundation drains must connect to municipal storm sewers via gravity weepers.
The use of retaining walls, grading on adjacent lands, long continuous rear yard swales
which outlet to the Bowmanville Creek Valley, and overland flow discharge directly to a
second outlet into the above valley, are all concerns to the department. The Slope
Stability Assessment Report is under review and will be subject to approval by the
department and the conservation authority.
The applicant may be required to obtain a site alteration permit from Clarington if fill is
imported or exported from the subject site to another site in Clarington. Owners of the
source and destination sites must sign the application for the above permit. All
requirements of the Site Alteration By-law apply.
The Engineering Services Department provided a number of detailed and technical
comments that need to be addressed prior to further consideration of the applications.
This information has been forwarded to the Owner and his consultant.
9.3 Operations
The proposed road allowance width for Sudds Court is 18 metres but given lot depths
within the proposed draft subdivision plan it is recommended the proposed road
allowance width be increased to a standard 20 metres.
The Functional Servicing Plan identifies the requirement for a rear lot catchbasin (RLCB)
at the rear of Lot 4. Given the Lot 4 depth of 62.7 metres, the maintenance requirements
on the catchbasin and the 300mm concrete lead to the street are of concern. Operations
request that other grading options for the Minor Storm System be considered.
Municipality of Clarington
Report PSD-023-15 Page 11
10. Discussion
10.1 The proposal is for a minor infill site on a proposed cul-de-sac between the Durham
Christian High School and Knox Christian School. The subject lands have a number of
constraints given its location adjacent to the Bowmanville valley which have led to
grading and site servicing issues.10.2.
10.2 The recent site walk by agency and municipality staff with the developer to determine an
approved top-of-bank will necessitate a small redesign to preclude development in some
areas of natural features. By restricting development closest to the valley wall, the
revised development limit is anticipated to address some of the concerns related to
grading, drainage and stormwater management.
10.3 Additional findings from a more comprehensive environmental assessment may yield
other concerns or conditions of draft approval.
10.4 An open space connection from the cul-de-sac to the Bowmanville Creek open space
system will not only provide for major storm flows but it is also a neighbourhood
connection to a future trail system in the Bowmanville valley.
11 . Conclusion
11.1 The purpose of this report is to provide background information on the proposed draft
plan of subdivision and related rezoning submitted by 1127009 Ontario Inc. (Headgate
Developments Inc.) for the Public Meeting under the Planning Act. Staff will continue
processing the application including the preparation of a subsequent report upon
resolution of the identified issues.
12. Strategic Plan Application
12.1 The recommendations contained in this report conform to the Strategic Plan.
Submitted by: Reviewed by: ���
D&SY Crome, MCIP, RPP ,I,.l Franklin Wu,
Director of Planning Services ) Chief Administrative Officer
Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell @clarington.net
The following is a list of the interested parties to be notified of Council's decision:
Andy Andersen Roger Bouma
Kevin J. Tunney Fred Spoelstra
Jane McFarlane Paul Marcus
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