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HomeMy WebLinkAboutPSD-134-05 Cl~pn 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 d.~ !J J n ~. \\ . / .. . /\..OtV~ ---:... (J'..J k Reviewed by: Franklin Wu, Chief Administrative Officer SAlCP/DJC/df 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 CONCESSIO,~ ~~~~ET EAST I L S ON STR T I ~ , , . . . , , . " " " " ~ l ~ E (:) <( o ll:: en OJ ~ <( ...J Bowmanville Key Map .:: ZBA 2005-0041 ZONING BY.LAW AMENDMENT :::::, ~ ~ , . HURCHST.'" 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