HomeMy WebLinkAboutPSD-134-05
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, November 21, 2005
Report #: PSD-134-05
File #: S-C-2005-0002 and
ZBA2005-0041
Subject:
APPLICATION FOR PROPOSED PLAN OF SUBDIVISION AND ZONING BY-
LAW AMENDMENT FOR 422 RESIDENTIAL DWELLINGS
APPLICANT: FAR SIGHT INVESTMENTS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-134-05 be received;
2. THAT the application for a proposed Plan of Subdivision and rezoning application
submitted by Far Sight Investments Limited be referred back to staff 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.
Submitted by:
I J. Crome, M.C.I.P., R.P.P.
Director of Planning Services
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Reviewed by:
Franklin Wu,
Chief Administrative Officer
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November 16, 2005
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-134-05
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Far Sight Investments Limited
1.2 Owner: Schickedanz Bros. Limited
1.3 Plan of Subdivision:
422 residential unit plan of subdivision consisting of 372 single detached
dwellings, 50 medium density dwellings, 1 school site, 1 park block and 2
open space blocks.
1.4 Site Area: 46.041 ha
2.0 LOCATION
2.1 The subject lands are located east of the Soper Creek, between Lambs Road to the
east, Concession Street East to the north and Highway 2 to the south (Attachment 1).
The property is contained within Part Lot 7, Concession 1, in the former Town of
Bowmanville.
3.0 BACKGROUND
3.1 On September 2, 2005, Far Sight Investments Limited submitted an application to the
Municipality of Clarington for the development of a plan of subdivision containing a total
of 422 dwelling units. A Functional Servicing Report and Environmental Site
Assessment accompanied the application.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The subject property is currently vacant and has frontage along Lambs Road and
Concession Street East. The property is a greenfield site that has previously been used
for agriculture.
4.2
Surrounding Uses:
North:
South:
East:
West:
Darul Ulooma private school at 2020 Lambs Road
1.306 ha to be retained by the owner which has frontage on
Highway 2 and Lambs Road
Rural residential and agricultural
Soper Creek, Bowmanville Zoo, existing low density residential
REPORT NO.: PSD-134-05
PAGE 3
5.0 PROVINCIAL POLICY STATEMENT
5.1 The proposed subdivision application is within the Bowmanville settlement area and
provides a mix of uses including various community facilities such as a park and school,
thus meeting the provincial policy regarding settlement areas that states there shall be a
mix of densities and land uses. The development is adjacent to existing built-up areas,
but is separated from them by the Soper Creek. All other lands on the east side of the
Soper Creek are within the Future Urban Residential Area and will not be developed in
the immediate future. Staff have concerns with respect to whether this complies with
the requirements for the efficient use of the infrastructure and public service facilities
which are planned or available and avoiding the need for their unjustified and/or
uneconomical expansion.
6.0 OFFICIAL PLAN POLICIES
6.1 The lands are designated Living Area, Major Open Space and Environmentally
Sensitive Area in the Durham Region Official Plan. Lands designated Living Area
permit the development of residential units, incorporating the widest possible variety of
housing types, sizes and tenure. The applicant has proposed open space blocks for the
land that reflects the Major Open Space designation containing Environmentally
Sensitive Areas.
6.2 The lands are designated Urban Residential and Environmental Protection Area in the
Clarington Official Plan. The residential designation includes 2 medium density areas, a
Neighbourhood Park, a Public Elementary School. The Environmental Protection Area
contains significant woodlands and significant valleylands as identified on Map C -
Natural Heritage System.
6.3 An Environmental Impact Study (EIS) is required for all development applications that
have a natural heritage feature identified. As noted above, this proposed subdivision
contains the Soper Creek valley and significant woodlands abutting the significant
valleylands. The expense of the EIS shall be borne by the proponent. The applicant is
aware of this requirement.
6.4 The approval of this application would result in the first major residential development
east of the Soper Creek valley, which is a watershed that has not been examined
previously in this area. A sub-watershed study is important to protect the ecological and
hydrological functions of the Soper Creek.
6.5 A Neighbourhood Design Plan is required for all neighbourhoods prior to draft approval
of a plan. As it is the last remaining vacant parcel within the Vincent Massey
Neighbourhood, a neighbourhood design plan will not be required.
6.6 Neighbourhood Design principles in the Clarington Official Plan state all subdivision
applications must exhibit good neighbourhood design including the following items: grid
streets, potential cycling and transit routes, public buildings and spaces to be centrally
located with a good street presence, natural features to be enhanced by minimizing
REPORT NO.: PSD-134-05
PAGE 4
grade changes, preserving mature trees and providing for open space linkages, and a
high quality urban environment along arterial roads. Staff believe the plan can be
redesigned to better reflect some of these objectives.
6.7 The Bowmanville Zoo abuts the proposed subdivision along the western boundary. The
Bowmanville Zoo is recognized in the Clarington Official Plan by designation as a
Tourism Node. A Tourism Node identifies an area of major tourism and recreation
potential.
6.8 The Municipality of Clarington may require that a Financial Impact Analysis be
undertaken for major development proposals. This analysis will determine whether the
development will have an adverse impact on the Municipality's financial situation. If
there is an adverse impact the Municipality may declare the application premature and
contrary to the intent of the Official Plan. As noted in Clarington Engineering Services
comments in Section 9.2, this development will incur costs to the Municipality that were
not contemplated in the near future.
7.0 ZONING BY-LAW
7.1 The subject lands are currently within the "Agricultural (A) Zone" and "Environmental
Protection (EP) Zone". The applicant has applied to rezone the property to permit the
proposed subdivision development.
8.0 PUBLIC NOTICE AND SUBMISSION
8.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and three (3) public meeting notice signs were installed on the property along the
Concession Street East, Lambs Road and Highway 2 frontages.
8.2 To date, five (5) inquiries have been received following the sign being posted and the
mailing of the notice. The inquiries were regarding the following:
· Conflict with the existing zoo pertaining to security for the zoo, security for private
citizens and setback from animals and manure;
· Impact of development on abutting agricultural uses by light and dust, potential
negative impact on ground water and well water, increase in vandalism to
greenhouses, and potential for contamination due to use of normal herbicides
and pesticides used in greenhouse production;
· Impact on residential wells along Lambs Road;
· Increased traffic on Lambs Road;
· Development is at too high a density;
· Impact on taxes of rural residential properties in the area;
· Protection of the existing tree line along the west side of Lambs Road;
· This development constitutes urban sprawl on the east side of Soper Creek.
REPORT NO.: PSD-134-05
PAGE 5
9.0 AGENCY COMMENTS
9.1 At the writing of this report, comments have been received from Clarington Engineering
Services, Clarington Emergency Services, Clarington Community Services, Clarington
Building Division, Veridian, Bell and Rogers.
9.2 Preliminary comments from Clarington Engineering Services advise that: existing
municipal roadways situated in the easterly portion of the Bowmanville Urban Area have
not yet been constructed to an urban standard and related infrastructure such as storm
sewers and storm water drainage systems do not exist. As the installation of urban
services and related infrastructure is not contemplated in the foreseeable future this
proposal is premature and therefore cannot support this application at this time. Actual
development of the subject lands cannot proceed until improvements to municipal
infrastructure such as the urbanization of existing roads, installation of pedestrian
sidewalks and the installation of storm drainage systems has occurred. As noted in
Section 6.8 of this report, a financial impact analysis may be required to determine if the
development will have an adverse effect on the Municipality's financial situation.
In addition a number of studies/reports/plans have been identified which are required to
be reviewed in support of these applications:
· On-Street Parking Plan
· Traffic Implementation Report
· Preliminary Lot Grading and Drainage Plan
· Stormwater Management Implementation Report
The proposed sanitary trunk sewer must be constructed in a location and a manner that
will not negatively impact any existing municipal park or any existing municipal sports
fields. The location of any new easements as well as any final location and design for
any sanitary sewers that are constructed on lands owned by the Municipality of
Clarington will be subject to the approval of the Director of Engineering Services.
Further discussion of this matter will be required.
This development cannot proceed until such time that the Municipality has approved the
expenditure of funds for the provision of the reconstruction of Concession Street East
and Lambs Road to an urban standard. The required reconstruction shall include
sidewalks and street illumination as well as any other external works or services which
have been included in the Municipality's Development Charge By-law and have been
deemed necessary by the Director of Engineering Services to service this development.
This development cannot proceed until such time that the Municipality has approved the
expenditure of funds for the provision of the construction of sidewalks on Highway 2 that
form a connection to the existing municipal sidewalk network within the Bowmanville
Urban Area.
Lastly, the proposed park block must be increased to a minimum size of 2 hectares.
REPORT NO.: PSD.134.05
PAGE 6
9.3 Veridian has submitted a detailed set of conditions and requirements for the
development which were forwarded to the applicant November 11, 2005.
9.4 Clarington Emergency Services, Clarington Building Division and Rogers have no
objection to this development application.
9.5 The Regional Planning Department will require a noise report to evaluate future noise
levels and, if necessary, recommend appropriate noise attenuation measures as the
development abuts a Regional arterial road.
9.6 Comments are outstanding from:
· Regional Works,
· Central Lake Ontario Conservation,
· All school boards, and
· Durham Police Services.
As there is a public elementary school indicated in this proposed subdivision, comments
from the Kawartha Pine Ridge District School Board are key to the location of the school
site.
10.0 STAFF COMMENTS
10.1 The application is for development of 422 residential dwelling units (372 single detached
and 50 townhouse units) on the last vacant parcel with the Vincent Massey
Neighbourhood. It is also the first residential development parcel on the east side of the
Bowmanville Creek.
10.2 The proposal indicates a grid like street pattern with the medium density areas along
Lambs Road, which is a Type B arterial. There is no access directly from the medium
density areas to Lambs Road. There are no vehicular connections to Concession Street
East or to Highway 2. There are two (2) vehicular connections proposed to Lambs
Road. Although the street pattern is grid-like, there are no collector roads within the
proposed subdivision. There will have to be consideration as to the need and ability for
additional connections to the arterial road network or the creation of a fill collector road
system. All traffic is guided to local roads which exit directly onto Lambs Road in two
locations.
10.3 There has been some concern from residents that this application is promoting urban
sprawl and is located outside the approved Bowmanville Urban Area boundary.
However, the subject lands have been within the urban area boundary of Bowmanville
since Regional Council adopted a new Official Plan on March 17, 1991, subsequently
approved by the Minister of Municipal Affairs and Housing on November 23, 1993. The
lands east of Lambs Road to Bennett Road are designated Future Urban Residential
Area, and are within the Bowmanville Urban Area boundary.
REPORT NO.: PSD.134.05
PAGE 7
10.4 The Bowmanville Zoo abuts the southwest portion of the property for a distance of
approximately 380 metres. The zoo also shares a boundary with the Municipality's
Mearns Avenue Park, about 420 metres in length. It is the configuration of the zoo and
it's animal enclosures relative to the proposed lands that concerns the owner (Mr.
Michael Hackenberger). The zoo has been able to abut the park boundary without
incident as the zoo does not occupy any lands north of the Soper Creek. This
unoccupied area and the creek have created a buffer between urban uses and the zoo.
However, the zoo has developed animal enclosures and buildings along its eastern
limits as historically this property has been used for agriculture and prior to 1996 was
beyond the Bowmanville Urban Area limit. The Bowmanville Zoo have requested a
buffer area between the proposed urban uses and the zoo.
Staff are investigating other zoos within Canada that co-exist with residential
development to examine their abutting uses, setbacks and security arrangements.
Peterborough, Toronto and Saskatoon have urban zoo's and they have been contacted
for information.
10.5 Staff contacted the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA)
regarding the application of their Minimum Distance Separation requirements. These
factors are typically used for livestock and are applied outside urban area limits.
However, they may be used by the Municipality to evaluate the impact of the zoo
animals and their manure production on proposed residential dwellings. This analysis is
not complete at this time. The Bowmanville Zoo has also contacted an agricultural
consultant to do their own evaluation.
10.6 The dedication of the open space blocks along the Soper Creek Valley affords the
Municipality the potential for the expansion of a trail system linking Concession Street
East, to the Mearns Avenue Park to Highway 2, then south to the Visual Arts Centre
and Soper Creek Park.
10.7 The Clarington Official Plan contains policies to guide development of park and school
blocks. Issues that need to be addressed further with respect to the policies are as
follows:
. The minimum area for future elementary schools on full municipal services should
be approximately 2.5 ha, which may be reduced when located adjacent to a
neighbourhood park. The applicant proposes a 2.192 ha block but their school site
is not adjacent to a park. The park block is located across the street which would
require children to cross the road for access. The park policies state that parks will
be considered in association with the school sites in order to facilitate the joint use
of athletic and outdoor education facilities.
. Elementary schools shall generally be located on collector roads to minimize the
impact of traffic on local roads. The school is located on a local road, the access
to which is by another local road. There is no direct access to a collector road, and
bussing traffic would substantially impact these local roads.
REPORT NO.: PSD.134.05
PAGE 8
· The park system will connect with the Open Space system wherever possible. The
Park block is located next to the southerly Open Space block, however it is the
northerly open space block that has the potential for being developed as part of the
Soper Creek trail system. By relocating the park block to be adjacent to the
northerly Open space block better connectivity could be achieved.
· That parks will be located as central as possible to the areas which they serve.
The park is not centrally located, but is between the storm water management
pond and the southerly open space block. Access is provided by local roads, the
same roads used to access the proposed elementary school.
· That physical means of access shall be provided on two sides of all municipal
parks. This park is only accessible by a local road along part of its eastern edge.
The park does not have a visible presence in the subdivision or full accessibility.
10.8 Staff have a number of other concerns with the design of the plan including:
· Lack of visible access to open space areas along the creek valley.
· The width of the small lot singles at 9 m.
. Reverse lot frontages on Concession Street.
· The street pattern and in particular, the focus of the road system along Street C.
10.9 At the time of submission, the applicant's did not contemplate a sub-watershed plan as
they felt the existing roads surrounding their property separated them from the
remainder of the Soper Creek watershed. Comments from the conservation authority
are outstanding and staff have not determined whether the "sub-watershed" can be
confined to the subject property as suggested by the applicant. However, the
Municipality requires the identification of storm water management needs for the entire
sub-watershed area.
10.10 Given the Engineering Department's concerns about prematurity of this development, a
Financial Impact Analysis will be required to be undertaken at the developer's expense.
10.11 Given that this is a new development area, it would be appropriate to apply some of the
principles being developed through the Brookhill Secondary Plan process. This will
require further discussions with the owner.
11.0 CONCLUSIONS
11.1 In consideration of the issues raised and the agency comments not received at the
writing of this report, and that the purpose of this meeting is to fulfill the Planning Act
requirements for a Public Meeting, it is recommended that the application be referred
back to staff for further processing.
REPORT NO.: PSD.134.05
PAGE 9
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Plan of Subdivision
Interested parties to be notified of Council and Committee's decision:
Far Sight Investments Limited
Sernas Associates
Martin Mostert
Mark and Cheryl Rigby
Betty Marti
Matt and Marianne Yeatman
Mr. Michael Hackenberger (Bowmanville)
Attachment 1
To Report PSD-134-05
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ZBA 2005-0041
ZONING BY.LAW AMENDMENT
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S-C-2005-0002
DRAFT PLAN OF SUBDIVISION
Owner: Schickedanz Bros. Limited
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Attachment 2
PROPOSED To Report PSD-134-05
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PART OF LOT 7, CONCESSION 1
MUNICIPALITY OF CLARINGTON
REGIONAL MUNICIPAUTY OF DURHAM
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