HomeMy WebLinkAboutPSD-014-15 Clarington
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Public Meeting Report
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Report To: General Purpose and Administration Committee
Date of Meeting: March 9, 2015
Report Number: PSD-014-15 Resolution:
File Number: 18T-95030, ZBA 2014-0033 By-law Number:
Report Subject: An Application by Averton Group to develop 146 residential units
Recommendations:
1. That Report PSD-014-15 be received;
2. That the applications to amend draft approved Plan of Subdivision 18T-95030 and Zoning
By-law 84-63, submitted by Averton Group continue to be processed and that a
subsequent report be prepared, and
3. That all interested parties listed in Report PSD-014-15 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-014-15 Page 2
Report Overview
The Municipality is seeking public comments on the applications submitted by Averton Group
proposing an amendment to a draft approved Plan of Subdivision and rezoning for a 146 unit
plan of subdivision in Bowmanville on the west side of Mearns Avenue, north of Concession
Street and south of the Canadian Pacific Railway. The lands are currently designated for
Urban Residential development in the Clarington Official Plan.
1 . Application Details
1.1 Owner: Averton Group
1.2 Proposal: Amendment to Draft Approved Plan of Subdivision
i) To increase the 12.0 metres lots to 12.2 metres for single
detached dwellings; and
ii) To remove 8 semi/link units and replace with 5 single
detached units (total of 146 units).
Amendment to the Zoning By-law
i) To reflect the proposed amendment to the draft approved
plan;
ii) To increase the lot coverage from 40% to 45%;
iii) To allow a bungaloft style dwelling with 50% lot coverage;
and
iv) To allow various changes in the setbacks: 6 metres to the
garage, 4 metres to the dwelling and 2 metres to the porch
for exterior and front yards and 0.6 metre on one side and
1.2 metres on the other for interior side yard.
1.3 Area: 11.9 hectares
1.4 Location: West side of Mearns Avenue, north of Concession Street and
south of the Canadian Pacific Railway, being Part Lot 9,
Concession 2, former Town of Bowmanville (See Figure 1).
1.5 Within Built Boundary: Yes
Municipality of Clarington
Report PSD-014-15 Page 3
Figure 1: Property Location Map
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2. Background
In August 19, 1996 the Region of Durham issued draft approval for a draft plan of
subdivision for 192 units, consisting of 118 single detached dwellings, 42 semi/link units
and 32 street townhouse units. The Region of Durham did not include expiry dates to
conditions of draft approval.
In 2011, after the Region delegated authority to local municipalities to approve
subdivisions, the conditions of draft approval was amended by only adding an expiry date
of three years.
Municipality of Clarington
Report PSD-014-15 Page 4
Application was made for extension to draft approval which was scheduled to expire in
October 2014. Averton acquired the lands prior to the October 2014 and worked with the
Municipality on the requested extension to Draft Approval. The Director of Planning
Services amended the draft plan by including an alternate second access onto Mearns
Avenue which changed some lots and placed the lands north of Elephant Hill Drive in a
Future Development Block. This reduced the number of units to 152. The Future
Development Block will be subject to a future application for amendment to draft
approval. The conditions of draft approval were also amended to reflect current study
requirements and included notices and warning.
On December 22, 2014 Averton Homes submitted the subject applications for
amendment to draft approval and rezoning. The number of units has been reduced to
146, being 119 single family units, 6 semi/linked units and 21 townhouse units. The
proposed rezoning would increase lot coverage and revise setbacks.
3. Land Characteristics and Surrounding Uses
3.1 The lands are at a higher elevation at the north-west and abutting the railway then slope
to the south-east corner. There are trees on the mid-section and along the southern
property boundary. The Averton Sales office is situated on Mearns Avenue.
Figure 2: Land Characteristics and Surrounding Uses
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Municipality of Clarington
Report PSD-014-15 Page 5
3.2 The surrounding uses are as follows:
North - Canadian Pacific Railway and beyond Urban residential
South - Urban residential
East - Urban residential
West - Urban residential
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement encourages planning authorities to create healthy
liveable 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. New development shall occur adjacent to built-up areas and shall have
compact form, a mix of uses and densities that allow for the efficient use of land,
infrastructure and public services, A full range of housing types and densities shall be
provided to meet projected requirement of current and future residents of the regional
market area.
Infrastructure and public services facilities shall be provided in a coordinated, efficient
and cost effective manner. The use of existing infrastructure and public service facilities
should be optimized where feasible before considering developing new infrastructure and
public service facilities.
The subject lands are adjacent to established housing developments, where existing
infrastructure is in place and transit routes are nearby. The proposed amendment to the
draft plan is generally consistent with the Provincial Policy Statement.
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.
Growth is to be accommodated in transit-supportive communities to reduce dependence
on the automobile through the development of mixed use, pedestrian-friendly
environments. Growth shall also be directed to areas that offer municipal water and
wastewater systems.
Municipality of Clarington
Report PSD-014-15 Page 6
The subject lands are inside the Built-up area for Bowmanville. By 2015 a minimum of
40% of all residential development occurring annually will be within the built up area,
measured across the Region of Durham. The proposed amendment to the draft plan is
generally consistent with the Growth Plan.
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Region Official Plan designates the subject lands as Living Areas.
Development of communities is permitted with defined boundaries, incorporating the
widest possible variety of housing types, sizes and tenure to provide living
accommodations that address various socio-economic factors. The proposed subdivision
is permitted in the Living Areas designation.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands as Urban Residential. The
lands are within the Apple Blossom Neighbourhood, which has a population allocation of
4750 and a housing target of 1650 most of which are for low density units.
New development in established neighbourhoods is to be designed to respect and
reinforce the physical character of the neighbourhood 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.
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands "Holding-Urban Residential Type One ((H)
R1)", "Holding-Urban Residential Exception ((H)R1-20), "Holding-Urban Residential Type
Two ((H) R2)", "Holding-Urban Residential Exception ((H)R2-9), "Holding Urban
Residential Type One ((H) R3)", "Holding-Urban Residential Exception ((H)R3-8). A
Zoning By-law amendment is required to implement the proposed amendment to draft
approval.
7. Summary of Background Studies
The following reports were submitted by the applicant and are currently under review,
These documents will be reviewed and summarized in a future recommendation report:
• Phase One Environmental Site Assessment;
• Traffic Impact Study;
• Functional Servicing Report;
• Cultural Heritage Evaluation Report; and
• Environmental Noise Assessment.
Municipality of Clarington
Report PSD-014-15 Page 7
8. Public Notice and Submissions
8.1 Public notice was given by mail to each landowner within 120 metres of the subject site.
Public Meeting signs were installed along the frontages of Mearns Avenue, Elephant Hill
Drive and Ireland Street.
Staff have received two inquiries from neighbouring residents. One individual inquired
about the types homes and timing for development. Another individual inquired about the
timing of development and if Ireland Street would be opened to Mearns Avenue as a
result of the development.
Staff also received a written objection from the solicitor retained by Schickedanz Bros.
Limited of two blocks (Blocks 95 and 97) in the adjacent subdivision 10M-830. The
concern is that proposed lotting would sterilize the future use Blocks 95 and 97. This is
reviewed in Section 11 of this report.
8.2 Public Information Centre
The applicants hosted a Public Information Centre on Thursday February 26, 2015 at
John M. James Public Elementary School on Mearns Avenue in Bowmanville. The
applicant and their consultants attended the meeting as well as staff from the Planning
Services Department and Engineering Services Department. A total of six area residents
attended the meeting. The comments are summarized below:
• Preserve existing trees on Ireland Street;
• Will the cul-de-sac on Ireland Street be removed?
• Use the parkland dedication funds collected from the subject site to update facilities
in Elephant Hill Park;
• Concerns regarding increased traffic on the existing portions of Elephant Hill Drive
as a result of the road being extended to Mearns Avenue and vehicles travelling at
high speeds on existing portions of Elephant Hill Drive;
• Potential grading and drainage effect residents living on Ireland Street; and
• A homeowner, residing on Elephant Hill Drive purchased a home in 2000 and was
not aware that the subject lands were approved for residential development in 1996
Municipality of Clarington
Report PSD-014-15 Page 8
9. Agency Comments
9.1 Central Lake Ontario Conservation Authority does not have any objections to the principle
of the development however requires revised calculations for storm sewer flows and
cross sections where retaining walls are proposed prior to the authority providing
conditions of draft approval.
9.2 CP Rail provided conditions of draft approval to mitigate impacts from the CP railway,
including the requirement for a safety berm on the subject adjoining property parallel to
the railway right-of-way, the installation of fencing or walls, a minimum setback for
dwellings of 30 metres and various warning clauses regarding noise and vibration.
9.3 Veridian, Rogers, Canada Post and Enbridge Gas have no objection to the applications.
9.4 Comments remain outstanding from the Region of Durham Planning and Economic
Development Department, Public School Board and Separate School Board.
10. Departmental Comments
10.1 Emergency and Fire Services
The Emergency and Fire Services Department offers no objection.
10.2 Engineering Services
The Engineering Services Department is reviewing the Traffic Impact Study. The grading
of this lands is particularly challenging. The applicant has shown retaining walls in various
locations around the site. The use of retaining walls must be avoided particularly
adjacent to existing development. The stormwater management plan must be consistent
with the recommendations of the West Branch of Soper Creek Master Drainage Plan.
Staff are currently working with the developer with regard to the configuration of the storm
sewer system and stormwater storage. Extensive importing of fill is proposed for this site.
Every effort should be made to minimize import or exporting material. Final solutions to all
of these issues may result in lot line readjustments or reconfigurations. The on-street
parking plan must be revised. The applicant will be required to provide an appropriate
cash contribution in lieu of normal parkland dedication.
11 . Discussion
11.1 The original draft approved plan sat idle for many years, prior to being purchased by
Averton. In 2014, the draft plan was amended to provide improved traffic circulation by
adding an additional access to Mearns Avenue. This would reduce traffic movements
from the subject site on existing portions of Elephant Hill Drive.
Municipality of Clarington
Report PSD-014-15 Page 9
11.2 The original Draft Plan showed 26 semi/link units and 4 single detached units, and cul-de-
sac with 7 townhouses and 6 semi-detached/link units on the north side of Elephant Hill
Drive. The land area is restricted by the location of Elephant Hill Drive, the railway, a
large road widening to accommodate a future grade separation at Mearns Avenue, an
acoustical berm adjacent to the railway and the grades. These lands were placed in a
Future Development Block so that the applicant could explore alternatives to the lotting
previously approved cul-de-sac.
11.3 The site has challenging grades. There is a 21 metre grade difference from the north-
west corner of the site to the south-east corner. The applicant's engineer is proposing
retaining walls in various locations throughout the site including areas adjacent to existing
development. Importing fill is also being proposed, some of which will be required to build
a berm adjacent to the railway. There are also issues with the proposed storm sewers
and storm water storage. The applicant's engineers and staff from the Engineering
Services Department are working together to find solutions to resolve the grading and
storm water management issues.
11.4 Blocks 95 in the adjacent subdivision (10M-830) to the west aligns with blocks in the plan
as draft approved to facilitate the development of two single detached lots. See Figure 3.
Schickendanz Bros. want to ensure the blocks can be developed as a result of the
amendment to draft approval. The lands abutting Block 97 are identified as a future
development block and the unit type will be determined in the future. The applicant needs
to continue discussions with the adjacent land owner to facilitate the development of the
blocks. They will need to be incorporated into the revised plan.
Figure 3: Schickendanz Lands Block 95 and 97
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Municipality of Clarington
Report PSD-014-15 Page 10
11.5 The applicant is seeking to amend the zoning which was originally approved in 1996 to
reflect current standards, with increased lot coverage and reduced setbacks to the street.
These standards have been accepted in newer neighbourhoods.
11.6 The concerns that were raised in the Public Information Centre will be considered as staff
reviews the various supporting documents and through deliberation of the application
itself.
12. Concurrence — Not Applicable
13. Conclusion
The purpose of this report is to provide background information on the proposed 146 unit
subdivision submitted by Averton Group 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 various issues.
14. Strategic Plan Application - Not Applicable
Submitted by: Reviewed by:
a d J. Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Cynthia Strike, Principal, Planner, 905-623-3379 ext. 2410 or
cstrike@clarington.net
The following is a list of the interested parties to be notified of Council's decision:
Brad and Lindsay Wright
Vince Baffa
Justin Malfara
Anthony Biglieri
Lawrence Wesson
Garrett and Amber Dawn Duncan
Carlene Robinson
Shawn Mclean
Craig Gulas
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