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DN: PD- 150.97 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
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Meeting: General Purpose and Administration Committee File #\W �' �C),) C -ic)Cj
Date: Monday, October 20, 1997 Res. #h,�- c�
Report #: PD- 150 -97 File #: DEV 97 -009 & 18T -88047 By -law
Subject: REZONING APPLICATION AND APPLICATION FOR AMENDMENT TO DRAFT
APPROVED PLAN OF SUBDIVISION
APPLICANT: GREEN - MARTIN HOLDINGS LTD.
PART LOT 17, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 97 -009 & 18T -88047
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD- 150 -97 be received;
2. THAT the application for revisions to Draft Approval for Plan of Subdivision 18T-
88047 be APPROVED subject to the Conditions of Draft Approval contained in
Attachment # 4 to this Report;
3. THAT the Amendment to Zoning By -law 84 -63, as per Attachment # 5 to this
Report, be APPROVED, and that the (H) Holding Symbol be removed by By -law
upon the execution of a Subdivision Agreement;
4. THAT the Mayor and Clerk be authorized, by by -law, to execute the Subdivision
Agreement between the Owner and the Municipality of Clarington at such time as
the agreement has been finalized to the satisfaction of the Director of Public
Works and the Director of Planning and Development;
5. THAT a copy of this Report and Council's decision be forwarded to the Region
of Durham Planning Department; and
6. THAT the interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Owner: Green -Martin Holdings Ltd.
1.2 Applicant /Agent: Kelvin Whalen
REPORT NO.: PD- 150 -97 PAGE 2
1.3 Revisions to Draft Approval:
• to expand the limits of Draft Approved Plan of Subdivision
18T -88047 to include Part 1 of Plan 40R -15471
• to delete the future development status of Block 276 to allow
the development described below
1.4 Rezoning: from in part "Agricultural (A)" and "Rural Cluster (RC) to the
appropriate zones that would permit a gas bar, convenience
store and car wash, one (1) existing and two (2) other single
detached dwellings, eighteen (18) semi - detached dwellings
and twenty three (23) on street townhouse units - forty four
(44) units in total (see Attachment # 2)
1.5 Area: 2.5 hectares (6.2 acres)
1.6 Location:
• by informal description - southwest of the intersection of
Highway 2 and Green Road (see Attachment # 1) and
• by legal description - Part Lot 17, Concession 1, Former
Township of Darlington.
2. BACKGROUND
2.1 On January 30, 1997, the Planning and Development Department received an
application to amend Zoning By -law 84 -63 in order to permit the uses described
in Section 1.4 of this report.
On July 8, 1997 the Planning and Development Department was advised by the
Region of Durham of an application to amend draft - approved plan of subdivision
18T- 88047,(see Attachment # 3).
2.2 A public meeting for the rezoning application was held on Monday, April 7, 1997.
Only the applicant spoke.
There was one counter inquiry which was basically concerned with Draft
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REPORT
Approved Plan of Subdivision 18T- 92002. The inquirer also wanted to know the
outcome of the service station aspect of the application.
There were two telephone inquiries. One inquiry was concerned with the timing
of Plan of Subdivision 18T- 90008. The other inquiry was concerned with the
outcome and timing of the service station aspect of the application.
3. EXISTING AND SURROUNDING USES
3.1 The eastern portion of the existing site (Part 1 of Plan 40R- 15471) has been used
for the Clarington Corners Sales Pavilion. The central and western portions of the
site (Block 276 - Future Development Block) are flat and vacant except for the
temporary storage of a mound of topsoil.
3.2 The surrounding land uses are as follows:
North: a golf driving range on the north side of Highway 2;
South: vacant sites pertaining to draft approved plans of subdivision 18T-
88047 and 18T- 90008;
East: single detached house; and
West: agricultural lands.
4. OFFICIAL PLAN CONFORMITY
4.1 Within the Durham Regional Official Plan, the subject site is located within the
Bowmanville Urban Area and is identified as Living Area. The applications appear
to conform with the intent of the Regional Official Plan.
4.2 Within the Clarington Official Plan, the subject site is designated Urban Residential
with a Medium Density symbol in the vicinity of Block 276 (the future development
block). The predominant use of land designated urban residential shall be for
housing purposes. Other uses may be permitted which by the nature of their
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REPORT NO.: PD- 150 -97 PAGE 4
activity, scale and design are supportive of, compatible with and serve residential
uses. In addition, service stations may generally be established in any urban land
use designation subject to various criteria. The applications appear to conform
to the land use designations.
5. ZONING BY -LAW COMPLIANCE
The applicant is proposing to amend the zoning on that portion of the subject
lands currently zoned "Agricultural (A)" and "Rural Cluster (RC)" in order to allow
the development of a gas bar, convenience store, car wash and forty four (44)
unit residential development consisting of one (1) existing and two (2) other single
detached dwellings, eighteen (18) semi - detached dwellings and twenty three (23)
on street townhouse units.
6. AGENCY COMMENTS
6.1 The rezoning application was circulated to various agencies and other
departments by the Planning and Development Department. Bell Canada has yet
to send comments. No objections were received from the Fire Department, the
Regional Health Department and Ontario Hydro. All other comments received to
date and as set out below reflect the current position of each agency /department.
The application for amendment of the draft approved plan of subdivision was
circulated to the Clarington Public Works Department.
6.2 The Clarington Public Works Department, in a June 30, 1997 memo, stated the
following shall apply to the rezoning application.
All utilities such as hydro, telephone and cable television within the streets of this
development must be installed underground for both primary and secondary
services.
REPORT NO.: PD- 150 -97 PAGE 5
The storm water drainage works and facilities necessary for this development
must be constructed in accordance with the West Side Creek Master Drainage
Study, prepared by G.M. Sernas and Associates and as finally approved by the
Director of Public Works.
The applicant's Engineer will be required to prepare a Lot Grading and Drainage
Plan that details the configuration of the on -site storm sewer system (minor
system) and the conveyance of the overland flow (major system) from the subject
lands.
The applicant must enter into a development agreement with the Municipality
which includes all requirements of the Public Works Department regarding the
engineering and construction of all internal and external works and services
related to this revised draft plan.
All works and services must be designed and constructed in accordance with the
Municipality of Clarington Design Criteria and Standard Drawings, provisions of
the Municipality Development By -law # 92 -015 and all applicable legislation and
to the satisfaction of the Director of Public Works.
That the applicant meet all the requirements of the Public Works Department,
financial or otherwise.
The applicant will be required to provide a 5% cash contribution in lieu of the
normal parkland dedication for any additional lands which have been added to
the original draft plan.
The Clarington Public Works Department in a later (October 9, 1997) memo,
further commented that:
REPORT NO.: PD- 150 -97 PAGE 6
The applicant must provide on -site parking as follows:
1 unit must have a minimum of 4 parking spaces
10 units must have a minimum of 3 parking spaces
- all other units must have a minimum of 2 parking spaces
• The applicant will be required to construct dwellings with increased front
yard and rear yard setbacks where additional on -site parking is required.
• The applicant will be required to satisfy the Regional Municipality of
Durham financially and otherwise regarding the alteration of storm water
drainage and related works on Highway No. 2. Final engineering approval
of any portion of Block 276 will not be provided until such time as any and
all concerns of the Region of Durham have been addressed to their
satisfaction.
6.3 The Public School Board offered no objections to the application. The Board also
noted that it requires sidewalks on interior streets, and on Street A. If students
from this development are eligible for busing, the Board anticipates providing
busing from the corner of Highway 2 and Street A.
6.4 The Separate School Board has no concerns at this time with the application
other than that it would request that adequate provision be made for sidewalks
within the development.
6.5 The Clarington Local Architectural Conservation Advisory Committee noted that
the proposed residential development is on the main western entrance to
Bowmanville and as such, residential development should take into consideration
the existing heritage building in the area.
6.6 The Regional Planning Department made the following comments. The subject
site is located in the "Living Area" designation within the Bowmanville Urban Area.
The predominant use of land within this designation shall be for residential
purposes but, limited retail uses and special purpose commercial uses such as
. • • 1
a service station are also permitted within the "Living Area" designation.
Therefore, the application conforms. An addendum to the noise impact study
submitted for the subdivision application, will be required in order to address the
changes proposed for Block 276.
6.7 The Regional Works Department has notified the Regional Planning Department
that an access to Highway No. 2 from Block 319 (proposed service centre) will
be permitted with a second access from proposed Street "A ". The Department
further stated the applicant is to be advised that the Highway No. 2 access may
be reduced from an all -turns access to a right -in, right -out access in the event that
a traffic signal is placed at Street "A ", or at such time as the Region sees fit to
restrict access. This will be accomplished through the placement of a median on
Highway No. 2. The Regional Works Department, based on the foregoing, has
no objection to the further processing of the applications.
6.8 Central Lake Ontario Conservation staff has commented that although it has no
objections in principle to the development being proposed, the subject lands are
within the drainage area of Westside Creek and therefore are subject to the
Master Drainage Plan (MDP). In light of the proposed uses it will be necessary
for the applicant to demonstrate how the design flows for the area are being
achieved prior to development proceeding. However, given the relatively small
commercial area involved, it should be possible to meet any storage requirements
if necessary on site, and therefore staff does not feel it is necessary to delay
approval of the application.
Central Lake Ontario Conservation stated that the Master Drainage Plan shows
major storm overland flow for the block being conveyed to the existing Baseline
Road stormwater management facility, with minor flows going to the future
proposed west detention pond. In order to allow the development to proceed in
REPORT NO.: PD- 150 -97
the absence of the west pond, the applicant has requested that the Authority
consider an interim drainage plan. The plan would involve draining the minor
system to the Baseline facility, in exchange for freezing development on other
lands owned by the applicant which are ultimately to drain to the Baseline Pond.
While this option has generally been accepted by the Authority in the past, the
report previously prepared in this regard was not based upon the revised
drainage areas shown in the Addendum. Therefore, the report will have to be
revised accordingly to demonstrate the acceptability of this option.
Central Lake Ontario Conservation also noted while the applicant is proposing an
alternative for drainage in the absence of the west pond, the site will ultimately
drain into that facility. Staff has discussed the matter with the Clarington Public
Works Department and Works staff is satisfied that this matter has been dealt
with.
Central Lake Ontario Conservation further remarked that as the triggering
mechanism for the construction of the west pond is to be directly related to the
flows downstream of the existing facility, it will be necessary to monitor the
increase in flows as each new development is approved. Therefore, it is
requested that the land use change and the routing for this development be
incorporated into the hydrologic models. A baseline model will be provided by
the Authority, onto which updates will be carried out by the applicant. As well, a
temporary sedimentation and erosion control plan will be required.
Central Lake Ontario Conservation concluded that all of the above concerns can
be addressed through the previously requested conditions of draft approval and
as such are prepared to support the rezoning application and amendment to the
draft plan of subdivision.
U �r
:111 • 1 .
PAGE 9
7.1 The Clarington Public Works Department, Engineering Division, has dealt with the
following three issues.
7.2 The "Block 276 /Sales Pavilion" proposal has been revised twice, resulting in a
reduction in the number of dwelling units, specifically, the number of townhouses.
The total dwelling unit reductions were from 48 to 45 to 44 and the townhouse
unit reductions from 39 to 28 to 23. These reductions create a more viable
neighbourhood especially when it comes to the issues of on- street parking near
townhouses and all the issues which flow from it such as traffic congestion,
parking in the boulevard and winter road maintenance problems.
Regarding parking, Staff notes some of the details of the situation have been dealt
with in comments from the Clarington Public Works Department (see Section 6.2
of this Report) and these details have been forwarded to the applicant.
Attachment #2 would illustrate the house sitings and parking locations that the
Public Works Department will enforce through the subdivision agreement and
building permit process.
7.3 The storm water drainage issues for the subject site for both minor (underground
storm sewers) and major (overland flow routes) storm conditions has been
generally resolved, with some of the engineering details to be determined later
during the detailed engineering review.
7.4 The public and separate school boards have both requested sidewalk for Street
U. The Clarington Public Works Department will review the issue of sidewalk
requirements during the subdivision agreement approval process when detailed
engineering drawings are reviewed.
�i J
REPORT NO.: PD- 150 -97
PAGE 10
7.5 Planning staff had originally expressed concern with respect to the architectural
design of the townhouses abutting Highway 2, in Block 320. One issue was that
the townhouses be in harmony with the Local Architectural Conservation Advisory
Committee Secondary List house, immediately east of the Sales Pavilion. The
second that the townhouses abutting Highway 2 should be designed to
incorporate a front yard facade for both the Highway 2 frontage as well as Street
"L ". Staff is satisfied that these two design concerns have been resolved (see
Attachment # 6).
8. CONCLUSION
In consideration of both agency comments and the staff comments in this Report,
it is recommended that the amendments to Draft Plan of Subdivision 18T -88047
and Zoning Amendment By -law be APPROVED.
Respectfully submitted, Reviewed by,
:1
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
BR *LT *FW *jip
Attach.
October 10, 1997
W. H. St c ell
Chief Administrative
Officer
Attachment # 1: Site Location Key Map
Attachment # 2: Housing /Parking Layout
Attachment # 3: Red -line Revisions to Draft Approved Plan of Subdivision 18T -88047
Attachment # 4: Proposed Amendments to the Conditions of Draft Approval
Attachment # 5: Zoning By -law Amendment
Attachment # 6: Highway 2 - South Side - Streetscape Rendering
10
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Interested parties to be notified of Council's decision:
Mr. Kelvin Whalen
1029 McNicoll Avenue
SCARBOROUGH, Ontario
M1W 3W6
Mrs. Kathy Carnovale
1670 Green Road
BOWMANVILLE, Ontario
L1 C 3K7
Mr. Ted Watson
R.R. #2
BOWMANVILLE, Ontario
L1 C 3K3
Mr. Terry Klawitter
8 Maryleah Court
BOWMANVILLE, Ontario
L1 C 4H4
1
PAGE 11
ATTACHMENT # 1
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ATTACHMENT # 4
REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
That Condition No. 1 be deleted in its entirety and replaced with the following:
"That this approval applies to draft Plan of Subdivision 18T- 88047,
prepared by Design Plan Services Inc., identified by Drawing Number X-
8725/3-22, dated January 29, 1990, and revised in part by Drawing
Number X- 8725 -2/22 dated October 8, 1997 as red -line revised, illustrating
a service station, 222 single family detached dwelling lots, 56 semi-
detached /linked lots (112 units), 10 on- street townhouse blocks (86 units),
Block 294 for Park purposes and various Blocks for future residential
development, 1 block for future road purposes, 1 block for Open Space,
and various blocks for reserves and road widenings."
2. That Condition No. 24A be added to the Conditions with the following wording:
"That the recommendations of the update to the Noise Impact Analysis
(July 1989), reflecting the development of Block 276 for commercial and
residential purposes and the incorporation of Part 1 of Plan 40R -15471 into
the plan of subdivision, be implemented through revisions to the Plan of
Subdivision Agreement."
3. That Condition No. 26 a) be modified by adding the following wording
"Municipality of Clarington" to replace 'Town of Newcastle" and by adding "24A
(or 11, 25c) and /or 25d))" after the words 15, 22, 24" such that Condition No. 26
a) is worded as follows:
"a) Municipality of Clarington, how conditions 1, 2, 3, 5, 6, 7, 8, 9, 11,
12, 13, 14, 15, 22, 24, 24A (or 11, 25c) and /or 25d)), 25c), 25d),
25e), 25f), 25g), and 25i) have been satisfied;"
6 1
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Attachment # 5
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 97-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the
Corporation of the former Town of Newcastle.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By -law 84 -63, as amended, of the Corporation of the Municipality
of Clarington for DEV 96 -056.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "3" to By -law 84 -63 as amended, is hereby further amended by
changing the zone designation from "Agricultural (A)" to "(Holding) Service Station
Commercial ((H)C7) ", "Agricultural (A)" to "(Holding) Urban Residential Type One
((H)Ri)" "Agricultural (A)" to "(Holding) Urban Residential Type Two ((H)R2) ",
"Agricultural (A)" to "(Holding) Urban Residential Type Three ((H)1713) ", "Rural
Cluster (RC)" to "(Holding) Urban Residential Type One ((H)Ri)" and "Rural
Cluster (RC)" to "(Holding) Urban Residential Type Two ((H)132) ", as illustrated on
the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of this By -law.
3. This By -law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY -LAW read a first time this day of 1997.
BY -LAW read a second time this day of 1997.
BY -LAW read a third time and finally passed this day of 1997.
MAYOR
CLERK
66
This is
Schedule to i • •
passed this—day of 1997 A. D.
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