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HomeMy WebLinkAboutPSD-023-15 Clar*wn Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. 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 OyO 6 0, ti���QJ�O OG�ry / S0 el, O^ ll'ICI�G CD N ti ` ` J� J�OOC,�ry9 o�paoO h Cb O 6 �� W 0 5J CL � titi ' 4 10 ry^ do N\ sti q6 6�OC rib �h �J O� 9 0 OQ�ygOG�,9 0 N ZBA 2014.0031 Municipality of Clarington -Report PSD-023-15 Page 4 Figure 2: Original Draft Approved Plan of Subdivision 7, 4 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 EM, z z w Z V p n w. O rr W Z Q ° AmLAN HOCKLEY AVENUE y OP > vOi w LL w KnoxJ C °G w 3 0 CHILDS COURT Christian a School o z J Q Subject Site "O eoNS NvEN�� F Durham Christian FticT High School 3 S-C 2014-0001 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 DJC/CP/RLR/df/jp