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Home My WebLink AboutPD-53-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: PENWEST.GPA REPORT 1 ,\ C, 03 Meeting: General Purpose and Administration Committee File #1141 T� 0 Date: Monday, April 21, 1997 Res. #G A " a , y 7 PD -53 -97 DEV 97 -006 & 18T -97003 Report #: File #: By -law # °' Subject: REZONING APPLICATION AND PLAN OF SUBDIVISION APPLICANT: PENWEST DEVELOPMENTS PART LOT 9, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: DEV 97 -006 & 18T -97003 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -53 -97 be received; 2. THAT the proposed Plan of Subdivision 18T -97003 revised and dated January 1997, as per Attachment No.1 be APPROVED subject to the conditions contained in this Report; 3. THAT the Mayor and Clerk be authorized, by By -law, to execute a 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; 4. THAT whereas the changes made to the application for rezoning are minor in nature, an additional Public Meeting under the Planning Act is not warranted and the application to amend the former Town of Newcastle Comprehensive Zoning By -law 84 -63, as amended, be APPROVED; 5. THAT a copy of the Report and Council's decision be forwarded to the Region of Durham Planning Department; and 6. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: G.M. Sernas and Associates Limited 1.2 Owner: Penwest Development Corporation Limited 624 REPORT NO. PD -53 -97 PAGE 2 1.3 Rezoning: From "Environmental Protection (EP)" to "Urban Residential Type One (R1)" and from "Urban Residential Type One (R1)" to "Urban Residential Type Two (R2)" to allow the development of a residential plan of subdivision. 1.4 Plan of Subdivision: Seeking approval of a Plan of Subdivision for a total of 128 units comprised of 34 single detached dwellings, 94 semi - detached dwellings and various blocks for park, open space, site triangles and future development. 1.5 Area: 9.262 ha 2. LOCATION 2.1 The subject lands are located in Part of Lot 9, Concession 1, former Town of Bowmanville. They comprise the lands located in the south west corner of Mearns and Concession Street. More specifically the lands are bounded by Mearns Street to the east, Concession Street to the north and Merryfield Court, Orchard Park and Strathmanor Drive to the south. 3. BACKGROUND 3.1 On Jan 27, 1997, Staff received an application for rezoning of the subject lands. A portion, approximately 0.45 hectares of the lands require rezoning as they are currently zoned "Environmental Protection ". These lands comprise part of the table lands of the park block and north extension of Street "D" and 3 residential lots. It is noted that the lands are no longer flood prone due to the stormwater works which have been completed. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Vacant 4.2 Surrounding Uses: East - existing residential 625 West - Draft approved plan of subdivision (18T89065) and a tributary of Soper Creek South - existing residential North - existing residential 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Region Official Plan, the lands are designated "Living Area ". The predominant use of lands in this designation shall be residential. A mix of housing types and densities shall prevail within the residential designation. The revised application provides a mix of housing types having 34 single detached and 94 semi- detached units. 5.2 The Clarington Official Plan designates the subject lands "Low Density - Urban Residential ". Lands designated "Low density - Urban Residential" shall be used for housing purposes at a density not to exceed 30 units per net hectare. The lands have stayed within this density parameter, proposing a density of 29 units per net hectare. 6. ZONING BY -LAW PROVISIONS 6.1 The majority of the subject lands are zoned "Urban Residential (R1)" which permits single detached and semi - detached units. Some of the lands are zoned "Environmental Protection (EP)" with the majority of the "Environmental Protection (EP)" lands being the valley lands of the Soper Creek tributary and the Schickedanz Stormwater detention pond. A small portion, of the EP lands (approximately 0.456 hectares), require rezoning to accommodate this proposal. Central Lake Ontario Conservation has confirmed that the lands are not flood prone. The lots abutting Street "A" have been changed to 12 metre singles, requiring a zone change from "Urban Residential Type One (R1) to "Urban Residential Type Two (R2)" to permit single detached units. 626 7.1 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 within the prescribed distance. 7.2 The Public Meeting was held on March 17, 1997. At this meeting three people addressed Committee. Two of the residents stated concerns with respect to the need for a park in the area. The third person expressed concern about rezoning the environmental protection lands. 7.3 Staff have had a number of verbal enquiries from citizens regarding this application. People expressed concern about the type of housing, the density, the location of the park and what equipment will be placed in the park. They also asked where the access points to the subdivision will be located. 8. AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments/ agencies in providing comments, offered no objection to the application as filed: Clarington Community Services Clarington Fire Department Clarington Hydro Peterborough Victoria Northumberland and Clarington Roman Catholic Separate School Board Central Lake Ontario Conservation Durham Region Works Department 8.2 Clarington Public Works noted that the following is required: • that road widenings and road reserves indicated as Blocks 79 - 84 inclusive be dedicated to the Municipality free and clear of any encumbrances; 627 that 5.0 metre x 5.0 metre sight triangles be provided to the Municipality at all intersections within the plan; that all lands necessary to form the road allowance for Street "D" must be included in the final registered plan and that the applicant be responsible for 100% of the cost of any conditions imposed by the Municipality associated with the transfer of any lands currently owned by the Corporation; all internal roads and any external properties which may contain future residential lots must be "stubbed" for water, sanitary sewer and storm sewer; that the developer, as beneficiary of some stormwater oversized works must reimburse the appropriate front ending developers, and • satisfy the Public Works Department, financial or otherwise. 8.3 The Durham Region Planning Department noted that an archaeological assessment will be required as an archaeological site has been identified on these lands. The Region has advised the applicant as to this requirement. This assessment can be carried out as a condition of draft approval. 8.4 The Northumberland - Clarington Board of Education stated that the local school is presently over capacity. They have requested that a condition requiring staging of the plan in accordance with student yield be included in the conditions of approval. They also require a clause in all future Purchase and Sale agreements detailing busing arrangements for the students. Lastly, they asked that sidewalks be installed on all interior streets. The School Board requirements will be included in the conditions of approval. 9 STAFF COMMENTS 9.1 The applicant has applied for a Plan of Subdivision and a Zoning Amendment to permit the development of 128 residential units, 34 being single detached and 94 being semi - detached units. The proposal also contains a park block and an open space block. The lands were previously granted draft approval but the applicant did not satisfy the conditions of draft approval within the specified time allotted and the 628 REPORT • PD-53-97 PAGE 6 approval lapsed, hence necessitating this application. The applicant has added the lands situated at the north west corner of the site to provide an access to Concession Street. This access was required as a condition of the previous application. The following briefly describes the number and type of units and land area which originally received draft approval, the number and types of units in the original 1997 application and subsequent revisions. TABLE 1 Submission Types & Number of Units Total Units Total Area Semi Detached Singles Original Draft 104 units 8 112 8.391 ha approval received in 1992 Original 1997 120 units 11 131 9.262 ha application Revision # 1 124 units 11 135 9.262 ha Revision # 2 94 units 34 128 9.262 ha 9.2 Subsequent to the Public Meeting held on March 17, 1997 staff met with the developer in an effort to deal with the issues of housing mix and parking. As a result, the applicant has revised the original application, changing the types of units from almost entirely semi - detached, to provide a mix of single and semi - detached units. The applicant also revised Street "C ", to a service road configuration. The result is that dwelling units will not directly back onto Mearns Avenue, creating a much more open and inviting environment. 9.3 In addition to the above changes, the applicant has addressed parking issues expressed by Council through the redesign of the plan in the following manner. 629 PAGE 7 ACTION RESULT 1. increase the decreases the number of units thereby reducing number of single the number of families and vehicles detached units increases the curb area between driveways, hence providing more on- street parking 2 redesigned Street provide uninterrupted parking spaces along the "C" east side of the street, adjacent to Mearns Ave. 3. alignment of Lots by aligning the lots in an east -west direction 34 and 36 rather than north- south, parking is provided along the external side yards of the lots. The result of the redesign of the plan is the generation of over 70 on- street parking spaces, thus providing at least 1 one - street parking space for every 2 homes. Staff note that this latest revision replaces all the semi - detached units with single detached units along Street "A ". This will help to relieve the congestion created by numerous driveways and parked cars along the busier collector road. 9.4 Staff have had a number of enquiries from residents. The majority of callers expressed questions of general interest such as: What type of housing will be built? Who is the builder? Will there be an access to Concession Street or Mearns Street? The size of the park and what type of equipment will be in the Park? The residents seemed to be generally satisfied by Staff's responses. One area of concern which has yet to be addressed is how the park will develop. Citizens wanted to know what kind of play equipment will be provided. They note that there is no neighbourhood park and one is needed. In order to get to a park you must cross either Mearns Ave or Concession Street. The applicant must submit a park masterplan to the satisfaction of Municipal Staff. Review of the masterplan will take into consideration the comments and concerns raised by the residents. The developer is responsible for the cost and construction of the park. The construction of the park will be carried out at the same time as the construction of the homes. 630 REPORT NO.: PD -53 -97 PAGE 8 9.5 An issue of this application has been density and the mix of housing. The density of the subject application is 29 units per net hectare. This is within the low density parameters permitted in the Clarington Official Plan. If this application is approved, the mix of housing in the neighbourhood referred to as "Vincent Massey" in the Clarington Official Plan would be: single detached 48% semi - detached 40% townhouses 12% The applicant has revised the plan addressing staff and Council's concerns regarding mix of housing types through the replacement of 30 semi - detached units by 23 single detached units. 10. CONCLUSION 10.1 The applicant has addressed all concerns raised and staff recommend that the zoning application be approved and the attached by -law passed and that the application for subdivision be recommended for approval. Respectfully submitted, �- r Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development HB *FW *cc Attachment # 1 Attachment # 2 Attachment # 3 Attachment # 4 Attachment # 5 Attachment # 6 April 15, 1997 Reviewed by, W. H. Stockwell Chief Administrative Officer - Conditions of Draft Approval - Key Map - Past Revisions to Plan of Subdivision - Plan of Subdivision, as submitted - Red -lined Revised Plan of Subdivision - Zoning By -law Amendment & Schedule 6 31 REPORT PAGE • Interested parties to be notified of Council and Committee's decision: Penwest Development Corporation Laura Henderson Limited 36 Strathmanor 390 Bay St Bowmanville, Ontario L1 C 4L3 Suite 1710 Toronto, Ontario M51-1 2Y2 Roger Farr 8 Merryfield Court G. M Sernas and Associates Bowmanville, Ontario L1 C 41-2 110 Scotia Court Unit 41 Whitby, Ontario L1 N 8Y7 Pauline Goselin 38 Peachtree Cres Bowmanville, Ontario L1 C 4K8 Gord Jebson 23 Peachtree Cress Bowmanville, Ontario L1 C 4K8 Gary Robinson 12 Merryfield Court Bowmanville, Ontario L1 C 412 Darrel McMahon 77 Mearns Ave Bowmanville, Ontario L1 C 3K5 Holger Oberlander 10 Merryfield Crt Bowmanville, Ontario L1 C 412 Evelyn Stroud 89 Little Ave., Bowmanville, Ontario L1 C 1J9 Kim Palmer 32 Trudeau Drive Bowmanville, Ontario L1 C 4K1 Phil Ford 17 Herriman Street Bowmanville, Ontario L1 C 41-6 6J2 ,..� - -. 111 MI ATTACHMENT #1 1. That this approval applies to draft Plan of Subdivision 18T -97003 prepared by G.M. Sernas and Associates Limited dated January 1997 (revised), and further revised in red as per the attached plan showing 34 lots for single detached dwellings, 47 lots for 94 semi - detached or linked dwelling units, Block 78 for park and open space, and various blocks for reserves, road widenings, site triangles etc. �1>flTd�►�l�r�� 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Municipality of Clarington and shown on the final plan. 4. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 5. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 6. That all easements, road widening, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. RVII 633 -2- 7. That the Owner shall dedicate Block 78 for open space and park purposes. 8. That the Owner prepare a Park Master Plan to the satisfaction of the Municipality of Clarington. 9. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By -law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the owner. 10. That the Owner make the front end payments to the Municipality for the amounts stated in the front end agreements entered into between the Municipality and Schickedanz Bros. Ltd. (Stormwater Management Works). 11. That the Owner reimburse the downstream front ending developer for an appropriate share of the cost of the oversized works constructed under the subdivision agreement between the Municipality and Ashdale Capital Corporation. The subdivision agreement shall provide appropriate clauses which make provision for the timing and amount of the future front end payment. Any required payments shall be determined in accordance with the provision of the Development Charges legislation, and shall be to the satisfaction of the Municipality's solicitor and the Director of Public Works. 12. That the applicant submit revised engineering drawings which are compatible with the revised draft plan. All revisions will be subject to the approval of the Director of Public Works. _ 6�4 NMI -3- 13. That the road widenings indicated as Blocks 79 - 84 inclusive on the proposed draft plan be dedicated to the Municipality free and clear of any encumbrances. 14. That 5.0 metre x 5.0 metre sight triangles be provided to the Municipality at all intersections within the proposed draft plan. 15. That all internal roads and any external properties which may contain future residential lots be "stubbed" for water, sanitary sewer and storm sewer. 16. That all lands necessary to form the road allowance for Street "D" be included within the final registered plan of subdivision. The applicant will be responsible for 100% of the cost of any conditions imposed by the Municipality of Clarington which are associated with the transfer of any lands currently owned by the Corporation. 17. That an archaeological study be conducted to the satisfaction of the Region of Durham. 18. That the owner satisfy the conditions of the Central Lake Ontario Conservation. 19. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc, as per the Municipality's standards and criteria. 20. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 635 W '11111, r 21. That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 22. That the Owner shall adhere to architectural control requirements of the Municipality. 23. That the Owner revise the noise report to the satisfaction of the Municipality and the Region to reflect the plan of subdivision as red -lined revised. Before issuance of building permits, the Owner shall, through its acoustic engineer, provide a certification to the Director of Planning, certifying that the Builder's plans are in accordance with the Noise Control Report as approved by the Region of Durham and the Municipality of Clarington. 24. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 25. That the applicant supply on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved. 26. That the Owner satisfy the requirements of the Northumberland - Clarington Board of Education. 636 ATTACHMENT #2 637 PREVIOUS REVISIONS ATTACHMENT #3 638 I I w ;toGliklA I n3 Ix Hr KI Kf no % LOCK'T' C! b lab IOr Ie a1< *{L;pbY • i t i eLOCK'v' I' Nt u> •: n ::: 1, Ilo u, IREE4f / 1 lal IOC 1 „ 1, 17e 177 (� t SS _ IS REET I I>r , 176 j I\ na nr et n) n! 6i ) nl• ° Iri 7 ' e 19 191 t9 N'rsa 19b $ITS w •11> .174 Iit ka !O! t0) )Ot 20S tOt ' Z Z t99 19a 19 173 7 A R 2 j O a 'Gs u. 171 aLOCK `P` LQ Ics Kc n, sf K 1 164 163 1 167 f69 16 170 e' S: / KI KO u, Is, Ix n! n. nw.• 162 161 F 1601 4501571 •J r AITT p,ii `R STREET `F' : it STREET FI t r t u1 w Kf oo ul Is7 )o toe: +'+ IT . i " i J FIS fK x7 �e 1!9 ISI Is f15 - I J ORIGINAL DRAFT APPROVAL RED LINE REVISED 1988 — )WANCE T V-1W ALLOWANCt' a •• , /�� I 1 nr III• Irf IM i u,W"rw: 1 1 1 fy Ib 1 arfatnru< :, IIR > 11 {••✓ Y STR • T IGI s' •�.' i:4�1 SFRIET• rGt ...uo ua u! a . If) H)' of IU: • Ift ua r - m I F• IQ m f- : ' I{I ! w Ifi iu IIR it ° , IIr' •l 1'6' If) • W II It! It) IN It! IIa lai• If1 � ' W m � STR E ET • ft' m o' STREET F m »'G' us " Z00 • +' '101 `• + . N 1 °f 1f1 nR 11) f ��C4��S<yti` I!! tll I [ ,••, I!t I ,•' .•7`i .:,a''�'I{ (rlWl 1 S n1 n] 1 nt ISI SI- IF' RY1E�� S T :fl E E T• I vi S T SR E E T •4 e M To µ 4 C) IC. 1.! Kf KT Nt 4! fr .. •. .. •• .e. a ..• .• .. .• .. r'c�tlt m PROPOSED REVISIONS 1991 PROPOSED REVISONS 1992 CONCESSION S T EET •• • _.. 1 Restvnllo DRAFT PLAN 1• i' i' • "I �, '�, so- kati li I Q Sl9gNSON IAT -76011 ,OR PART Of LOT 9 it I I . COHCEsv. 1 MUNIOPAUTY 01 CI ARINCION I 1 I I I I i I R[OORAL IapaCpALI1Y OI awuil N tb•�6 t! +b 4 b d ri ,�sa� 14- I I + =� _p 4 ! _i. II ..y Ld �,�R :'•:;��_,... ... ... . >...' 11 > iaa n ! u • >rera s Q u F 1 I t 1 I . •. .o.ef nu s.�.mm wr, of I 1 _ r n En I I _•__M fY I 1 n I 1 r z I ] X * w Q : refr l9T N O b i 9 !I 2 n W I I� � !• I I' I I' I I i -, I •O°,`;: -~ - MERRYFEILD''CT...._.._ I I I II I' ORCHARD PARK PHASE V I I IIDi,E MYWX OF 07.7wft (I pl I I I I to I I _- _...._..4uF4^...D�oo: I 4, [1I t ppI I I I II I 01 0. l 1 II I I P' 1 ORIGINAL APPLICATION 18T -97003 638 ORCHARD PARK_ DRIVE ORIGINAL PLAN AS SUBMITTED ATTACHMENT #4 1 TRUDEAU DRIVE C) BRADSHAW STREET :I i (A 1- rlmmks. rrl rrl -i I hTF AIR I --------------------- 0 > z m :)3 > -n - Fig 639 cn • M E A R N S A, V E. MEARNS AVE.- AIR I --------------------- 0 > z m :)3 > -n 639 cn ATTACHMENT #5 RED —LINED REVISED PLAN OF SUBDIVISION I I I I I I i I - - - -- — - -.i TRUDEAU DRIVE J sk Ai B9) ADSHAW b9 I ICI ��70 11 I ORCHARD PARK) rx ^ On. o b_ DRIVE I I I I JI I � =a I L — = -- T- --rte T -�- o rr, STREET N 4 J N J m �JI.O 31.0 7 V/ ----------------------- -r , 9_Z R _E_ _ p `J1.9 E J }.s j lye xky r ,a o• .ono c. o y a O s > ox°�$� Id o ...�- ...�..,,a ts __ __ J�' —,— d�i N a k� -g— p Z O -{ N 0 2 fi �ro�lV mC7 >- �.�i °v ' °$¢s v^ J001 s Jdo tR.s I i30A� ?? ? '� Q R S > i7 N C O D0�o -n cC ZrtSi1�� Yy ° MjE A R N S� A V E. - - -� LMEARN A VE. C 640 lye xky > ox°�$� amCOn ° ®m o yAo=Si V ti sAZgW ' AIM w N a k� Q p Z O -{ N 0 2 fi �ro�lV mC7 >- �.�i °v ' °$¢s v^ Yoa ?T` 4 $ N as�'9�' ?? ? '� Q R S > i7 N C O D0�o -n cC ZrtSi1�� Yy ° °pm °N i T R o z —{ —♦ 1 0 J _- C,> 4P fapoR 4r<o -H e' ° • 1 => n r _I -_- '- i- _ x....s I - .,r,v� 3• $ �IJ9� O D rn y i z oa.y3 o� e `4£�a w° >z n 640 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 former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington recommends to the Region of Durham for approval of draft Plan of Subdivision 18T- 97003; and WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle to implement the draft Plan of Subdivision; 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: "Environmental Protection (EP)" to "Urban Residential Type One (R1) "; and "Urban Residential 'Type One (R1)" to "Urban Residential Type Two (R2)" as shown 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 641 This is Schedule 'W' to By—law 97— passed this day of . 0 1997 A.D. Mayor LOT 9 ------------ C O N C E S S I O N T j J Q I ............... Wi iW U MERRYFEIL D M. 41 I N I I ZONING CHANGE FROM It EPl TO "R I ZONING CHANGE FROM "RIll TO 11R211 ZONING TO REMAIN"EP" M3 ZONING TO REMAIN11R111 Clerk I F_ LOT 10 LOT 9 11 BOWMANVILLE T I 642 F" I _J L E E T X. Ld Wi iW U MERRYFEIL D M. 41 I N I I ZONING CHANGE FROM It EPl TO "R I ZONING CHANGE FROM "RIll TO 11R211 ZONING TO REMAIN"EP" M3 ZONING TO REMAIN11R111 Clerk I F_ LOT 10 LOT 9 11 BOWMANVILLE T I 642