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HomeMy WebLinkAboutPD-140-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: DEV93-32.GPA PUB L I C M E E TIN G Meeting: General Purpose and Administration Committee File # Date: Monday, October 18, 1993 Res, :3 #: PD-140-93 F'! le#: DEV 93-032 (X-REF OPA 93-010jD, OPA 93 004jC AND 18T-93008 # Subject: REZONING APPLICATION - 970973 ONTARIO LIMITED PART LOT 11 & 12, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: DEV 93-032 (X-REF OPA 93-010/D, OPA 93-004/C & 18T-93008) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-140-93 be received; 2. THAT application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Weston and Associates on behalf of 970973 ontario Limited be referred back to Staff for further processing. , 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 970973 ontario Limited 1. 2 Agent: Weston and Associates 1.3 Rezoning Application: from "General Industrial Exception (M2-1)", "Environmental Protection (EP)" and "Holding - Urban Residential Type One ( (H) R1)" to an appropriate zone to permit the development of 140 residential units. 1.4 Regional Official Plan Amendment Application: from "Industrial" to "Residential" in the 1976 Durham Plan. ....2 514 flECYCLEO PAPER R~~~lgEE REPORT NO. PD-140-93 PAGE 2 1.5 Local Official Plan Amendment Application: from "Industrial" and "Major Open Space with Hazard Lands" to "Residential" with medium density symbol applicable to the proposed townhouse development. 1.6 Proposed Plan of Subdivision: to permit the development of 69 single family dwelling units, varying from 9 to 14 metres minimum frontage, and 71 on-street townhouse units, a future development block of 2.14 ha abutting Good Year and a 0.53 ha block abutting the railways and two parkettes of 0.31 and 0.71 ha respectively. 1.7 Land Area: total area is 33.436 ha, including an open space block of 23.563 ha. 2 . LOCATION 2.1 The subject land holdings are located in Part Lot 11 and 12, Concession 1, of the former Town of Bowmanville. The property has 404 metres of frontage on the north side of Baseline Road, approximately 717 metres of frontage on the east side of Spry Avenue, is south of the Good Year property and Durham Street extension and west of Hunt Street and the houses fronting on the west side of Hunt Street (see Attachment No.1). 3 . BACKGROUND 3 . 1 The above referenced property is subj ect to a number of related applications. committee and Council will eventually be requested to provide the Region of Durham with a recommendation on an application for amendment to the 1976 Regional Official Plan and proposed Draft Plan of Subdivision. ....3 S15, REPORT NO. PD-140-93 PAGE 3 council will also be required to formulate a decision on an application for amendment to the Municipality's Official Plan and Comprehensive Zoning By-law. The applications were received by the municipality's Planning and Development Department in August of 1993. Notification from the Region Planning of the related applications was received in September. 3.2 As noted above the proponent seeks approval for a total of 140 units, 69 single family dwelling units and 71 on-street townhouse units. Although the total land holdings equal 33.4 ha, the proposed residential units, future development lands, parkland and roads proposes to occupy approximately 9.8 ha of the holdings. The balance of the lands are to be left in an open space block. 3.3 There have been previous applications on the subject lands dating back to 1986. Applications to amend the Regional and Local Official Plans were submitted, at that time, by C and J Schwarz, as well as an application for proposed Draft Plan of Subdivision. The development proposed a total of 119 units, 59 single family dwelling units and 60 semi-detached/link units. These files were all closed. in 1989 when new applications for the subject lands were submitted by Masthead International Properties Ltd. 3.4 Similar applications for amendment to the Regional and Local Official Plans as well as an application for proposed Plan of Subdivision and rezoning were received in March of 1989. The Masthead International proposal was revised a number of times, with the last submission presented to Committee and Council proposing a total of 509 residential units and 1100 square metres of commercial floor space. This application was denied by Committee and Council in February of 1991. ....4 516 REPORT NO. PD-140-93 PAGE 4 4 EXISTING AND SURROUNDING USES 4.1 The applicant has indicated there are two existing dwellings and three accessory structures on the lands presently. 4.2 Surrounding land uses are as follows: South: Baseline Road and vacant land East: Hunt Street and existing residential neighbourhood North: Good Year plant West: Spry Avenue and existing residential neighbourhood 5 PUBLIC MEETING AND RESPONSE 5.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition the appropriate notice was mailed to each landowner and tenant within the 120 metre prescribed distance. Should the applications be considered for approval a second Public Meeting will be required prior to council consideration of the local official plan amendment. As of the writing of this report two letters of concern and opposition with regards to the applications have been received, as well staff have fielded numerous counter and telephone inquiries from area residents. The residents' letters raise issues with respect to the impact the development will have on the environment. Included amongst their concerns, it was noted that the development is seen as reducing wild-life habitat, seriously damaging fishing in the Bowmanville Creek, and reducing potential public access to the Creek area. The densi ty of the development is considered too high and causing a parking problem on-street. A further concern is that the area is being developed in a piecemeal fashion and that the lands should be left for public use. ....4 5f,7 REPORT NO. PD-140-93 PAGE X.s 6 OFFICIAL PLAN POLICIES 6.1 within the Durham Regional Official Plan the subject property is designated "Industrial" in the north-east quadrant, "Residential" in the south-west quadrant and "Maj or Open Space" and "Hazard Lands" with "Environmentally Sensitive Areas" for the majority of the lands associated with the Bowmanville Creek Valley. The proposed development area would appear to be predominantly located within the industrial designation. 6.2 within the Council approved 1991 Durham Regional Official Plan the subject lands are designated "Living Area" and "Major Open Space" with "Environmentally Sensitive Areas". The majority of the lands subject to development appear to be within the living area designation. 6.3 within the former Town of Newcastle Official Plan on Schedule 7-1 the subject lands are designated "Industrial" in the north east corner, "Low Density Residential" in the south west corner and "Major Open Space" with "Hazard Lands" over the balance of the lands. On schedule 7-3 the lands are shown to be "Environmentally Sensitive". The subject lands are completely outside of neighbourhood "lA", to the east, and marginally within neighbourhood "3A", to the west. Should the application be approved, in addition to redesignating lands to permit residential development with a medium density symbol, the neighbourhood boundary and population targets would require adjustment. 6.4 The lands subj ect to the proposed development are predominantly designated Industrial and partially Major Open Space and Hazard Land. Hazard Lands shall be primarily for the preservation and the conservation or the natural land ....6 518 REPORT NO. PD-140-93 PAGE 6 andjor environment. The extent and exact location of such designation shall be identified in the zoning by-law in accordance with detail floodline, soil and contour mapping in consultation with the Conservation Authority. 6.5 The municipality's .official plan requires an environmental impact analysis for development of any lands identified as environmentally sensitive. The study is to be done to the satisfaction of the Town, the Region, the Conservation Authority and the Ministry of Natural Resources. 7 ZONING 7.1 The current zoning on the subject property is ~IGeneral Industrial (M2-1)", "Environmental Protection (EP)" and "Urban Residential Type One - Holding ((H) R1) " . The area of the proposed development is within the industrial and environmental protection zones which would not permit the proposed residential applications. 8 AGENCY COMMENTS 8.1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. To d~te comments remain outstanding from the majority of circulated agencies and departments. The Fire Department has advised they have no obj ection to the proposal. 8.2 Clarington Hydro advised that should the application be approved a new hydro feeder line will have to be built along Hunt street at the developer's cost. 8.3 C.N. Railway officials advised that the proposed development being adjacent to their Bowmanville Town Spur line, will be ....7 519 REPORT NO. PD-140-93 PAGE 7 expected to comply with the their Tertiary Branch Line Requirements (the applicant's agent was forwarded a copy of these requirements). The requirements deal with warning clauses, setback from the railways, fencing and drainage. The railway objects to the number of proposed crossings and recommends combining the proposed walkway with one of the road crossings. 9 STAFF COMMENTS 9.1 The applicant is proposing to develop 7.19 ha of land at this time to accommodate 69 single family dwelling units, 71 townhouse units and two parkettes. A 2.14 ha parcel of land is being retained for future development abutting Good Year, while 0.53 ha of land are proposed to develop in conjunction with the C.N.R. lands at such time the spur line is no longer required. The remaining 23.56 ha of land are being left as open space. 9.2 The proposed townhouse portion of the component has a net density of 45.74 units per ha, while the balance of the development would calculate at 26.37 units per ha. This provides an overall density of 33.58 units per net ha. 9.3 Some design impacts as a result of the comments received to date include, the removal of the proposed walkway and minimum setback of 15 metres from the railway property line for all proposed residential units. Planning staff have other design considerations for the proposal as submitted. The configuration of the townhouse units, on both sides of street "B", is seen as problematic for on street parking and street furniture. As well, street "A" should be extended westerly creating a one-sided road taking advantage of the vista to the Bowmanville Creek and the open space area. ....8 520 REPORT NO. PD-140-93 PAGE 8 9.4 To date the applicant has not submitted an environmental impact analysis as specified in the local. official plan policies. As well, due to the proximity of the development to railway, a noise attenuation study will be required. The applicant has been made aware of these requirements and will be providing these technical reports. 10 CONCLUSION 10.1 The purpose of this report is to facilitate the Public meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or area of concern regarding the subj ect application. It is recommend the application be referred back to Staff for further processing and subsequent report upon receipt of all outstanding comments, required revisions and resolution of all issues. Respectfully submitted, dr~~ "^-~ Franklin Wu, M.C.I.P. Director of Planning and Development CP*FW*cc Attachment # 1 - Attachment # 2 - Key Map Proposed Development 8 October 1993 . . . .9 521' REPORT NO. PD-140-93 PAGE 9 Interested parties to be notified of Council and Committee's decision: 970973 ontario Limited 82 Beechwood Avenue NORTH YORK, ontario M2L 1J5 Weston and Associates 64 Jardin Drive, unit 7 CONCORD, ontario L4K 3P3 Iain Maciver 7 Hetherington Drive BOWMANVILLE, ontario L1C 3P9 Linda Embree 78 Lawrence Avenue BOWMANVILLE, ontario L1C 1J5 John and Evelyn Large 14 Park street BOWMANVILLE, ontario LIC 1B4 Mrs A. Rerecich 80 Parklane Circle BOWMANVILLE, ontario L1C 3V9 Alan Potter 28 Hunt street BOWMANVILLE, ontario LIC 2W7 Robert and Bernice Pearse 22 Bridle Path BOWMANVILLE, ontario L1C 3W1 Mark Battle 25 Hunt street BOWMANVILLE, ontario L1C 2W8 522 5QQ] SUBJECT SITE ~~ OTHER LANDS OWNED BY APPLICANT Rl ci 0:: >- ..J 0:: I lLJ 5 J ~ g ] ~ SPRY U AVE ri o w ,'m l CARRuTHERS DR ,ci:: ~I I I LDSCOMOC DR, \ jl (H) R1 LOT I I . BASELINE ROAD . 'IT' KEY ,MAP o 100 200 300 m r-_ I 50 m ~ 523 Dev.. 93-032,OPA. 93-004/C,18T-93008: ~ I ~6 ! 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