HomeMy WebLinkAboutPD-23-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: PD -23 -97
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File
Date: Monday, February 17, 1997
Res. # L_A) �_�� ���
Report #: PD -23 -97 File #: DEV 96 -056
By -law #
REZONING •'
APPLICANT: ROGER HOWARD ON BEHALF OF RIDGE PINE PARK INC.
PART • BROKEN CONCESSION, •.
OF DARLINGTON AND PART LOTS BROKEN FRONT
CONCESSION, •. . TOWNSHIP OF
FILE: DEV 96-056
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -23 -97 be received;
2. THAT the application to amend the Comprehensive Zoning By -Law 84 -63, as
amended, of the former Town of Newcastle, submitted on behalf of Ridge Pine
Park Inc. be referred back to staff for further processing and preparation of a
subsequent report following the receipt of all outstanding agency comments; and,
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Owners: Ridge Pine Park Inc.
1.2 Agent: Roger Howard
1.3 Zoning: from "Urban Residential Type Two Exception (R2 -16)" to
appropriate zone(s) to permit Seniors - oriented single and
semi detached dwellings east of the C.N. Railway Overpass
(Phases 1 to 5); and, single and semi detached dwellings,
townhouses, clusters, apartments, a retirement home and /or
nursing home west of the C.N. Railway Overpass (Phase 6).
A retirement and /or nursing home would have associated
health related facilities and the retirement home may also
include ancillary uses such as a beauty salon, barber shop
and tuck shop.
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REPORT PD-23-97 PAGE 2
1.4 Phases 1 to 5 Area 81.85 hectares (202.33 acres)
Phase 6 Area 7.15 hectares (17.67 acres)
Total Area 89 hectares (220 acres)
2. BACKGROUND
2.1 On October 28, 1996 the Planning and Development Department received
an application to amend Zoning By -law 84 -63 in order to permit what is
noted above in Section 1.3.
2.2 The area subject to the proposal is located immediately north of Lake
Ontario, south of the C.N. Railway, west of Cobbledick Road and one (1)
lot east of Bennett Road. The more formal location description is Part Lots
1, 2 & 3, Broken Front Concession, former Township of Darlington and Part
Lots 33, 34 & 35, Broken Front Concession, former Township of Clarke.
3. PUBLIC NOTICE AND SUBMISSIONS
3.1 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 (on Wilmot Creek Drive in the Phase 6
Area). Also, copies of the Notice of Public Meeting and the associated
subject site key map were posted in the Wilmot Creek Recreation Centre
on an appropriate notice board. In addition the appropriate notice was
mailed to each landowner within the prescribed distance.
3.2 As a result of the public notification process, to date, the Planning and
Development Department has received one (1) telephone inquiry. A
Bennett Road resident inquired about the nature of the expansion of the
Wilmot Creek Community. Staff informed her that the expansion was only
in terms of the variety of housing types, not an increase in area or
population allocation. The resident said she had no particular concerns
about the Wilmot Creek Community or the proposal apart from that of
IN
REPORT PAGE 3
drivers speeding out of Wilmot Creek Road at the T- intersection with
Bennett Road.
4. OFFICIAL PLAN CONFORMITY
4.1 Within the Durham Regional Official Plan, the subject property is
designated as Living Area. The primary purpose of lands designated
Living Area shall be for residential purposes, and so, the application
conforms.
4.2 Within the Clarington Official Plan, the subject property is designated
Special Policy Area B which allows the proposed use sought by the
applicant. The application appears to conform.
5. ZONING BY -LAW COMPLIANCE
5.1 Within Comprehensive Zoning By -law 84 -63 of the former Town of
Newcastle, the subject property is zoned in part "Urban Residential
Exception (R2 -16)" which permits mobile home dwellings and /or single
detached dwellings. The applicant wishes to expand the type of allowable
residential uses and hence made the rezoning application.
6. AGENCY COMMENTS
6.1 The rezoning application was circulated to various agencies and other
departments by the Planning and Development Department. Comments
received to date are as follows.
6.2 The Clarington Public Works Department - Building Division had no major
concerns.
6.3 The Clarington Fire Department had no objection in principal. However,
it was noted: "There have been concerns raised from the residents of this
site regarding emergency egress, should it be necessary. With expansion
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REPORT ,
and increased population, this concern may well increase and should be
addressed before any expansion takes place."
6.4 Regarding conservation authority comments, two conservation authorities
have jurisdiction in the Wilmot Creek Community.
The Central Lake Ontario Conservation Authority has jurisdiction over the
western half of the Community, ie. Lots 1, 2 and 3, Broken Front
Concession, Former Darlington Township. This includes the Phase 6 Area
and a western portion of the Phases 1 to 5 Area.
To date, Staff have not received comments from the Central Lake Ontario
Conservation Authority.
The Ganaraska Region Conservation Authority has jurisdiction over the
eastern half of the Community, ie. Lots 33, 34 and 35, Broken Front
Concession, Former Clarke Township. This includes an eastern portion of
the Phases 1 to 5 Area.
The Ganaraska Region Conservation Authority "is concerned that the
Regulatory Shoreline of Lake Ontario as well as the floodplain of the small
watercourses on site are not incorporated into the zoning. Therefore, the
Ganaraska Region Conservation Authority requests that the Regulatory
Shoreline and the hazard area of the small creeks be zoned Environmental
Protection (EP)."
As for the Regulatory Shoreline, the Ganaraska Region Conservation
Authority recommends the setbacks from the Lake Ontario Shoreline
Management Plan (Sandwell Swan Wooster, revised 1992) which
incorporates a 100 -year erosion limit plus a stable slope allowance. This
setback is equal to 81 metres from the toe of the slope. The Authority also
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zom
says this setback limit may be modified through a more detailed site -
specific coastal shoreline /geotechnical report. The Authority understands
that implementation of the Regulatory Shoreline Area "results in many lots
becoming legal non - conforming," but, that there is "no immediate
disruption to the residents... ". The Authority stated "There may be
opportunities to relocate these units to a safe distance over a period of
time upon expiration of the lease. ".
In addition, the Ganaraska Region Conservation Authority states a "number
of other issues are also not addressed within this proposal due to a lack
of information." The authority goes on to comment that further details will
be required in a concept or site plan to determine methods of
quantitative /qualitative stormwater management and "erosion control
methods for the proposed development area"
6.5 The Regional Health Department has no objections to approval provided
that it is fully serviced by municipal sewer and water.
6.6 The Canadian National Railway states: "Residential development adjacent
to the railway right -of -way is not appropriate without impact mitigation
measures... ". The Railway further notes the abutting rail line is a "Principal
Main Line" with related requirements which are given below.
• Safety setback of dwellings from the railway rights -of -way to be a minimum
of 30 metres in conjunction with a safety berm. The safety berm shall be
adjoining and parallel to the railway rights -of -way with returns at the ends,
2.5 metres above grade at the property line, with side slopes not steeper
than 2.5 to 1.
• Noise attenuation barrier shall be adjoining and parallel to the railway
rights -of -way, having returns at the ends, and a minimum total height of 5.5
metres above top -of -rail. Acoustic fence to be constructed without
openings and of a durable material weighing not less than 20 kg. per
square metre of surface area. Subject to the review of the noise report, the
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Railway may consider other measures recommended by an approved
Noise Consultant.
• Ground -borne vibration transmission to be evaluated in a report through
site testing to determine if dwellings within 75 metres of the railway rights -
of -way will be impacted by vibration conditions in excess of 0.14 mm /sec
RMS between 4 Hz and 200 Hz. The monitoring system should be capable
of measuring frequencies between 4 Hz and 200 Hz, ±3 dB with an RMS
averaging time constant of 1 second. If in excess, isolation measures will
be required to ensure living areas do not exceed 0.14 mm /sec RMS on and
above the first floor of the dwelling.
• The Owner shall install and maintain a chain link fence of minimum 1.83
metre height along the mutual property line.
• The following clause should be inserted in all development agreements,
offers to purchase, and agreements of Purchase and Sale or Lease of each
dwelling unit within 300 metres of the railway right -of -way: "Warning:
Canadian National Railway Company or its assigns or successors in
interest has or have a rights -of -way within 300 metres from the land the
subject hereof. There may be alterations to or expansions of the railway
facilities on such rights -of -way in the future including the possibility that the
railway or its assigns or successors as aforesaid may expand its
operations, which expansion may affect the living environment of the
residents in the vicinity, notwithstanding the inclusion of any noise and
vibration attenuating measures in the design of the development and
individual dwelling(s). Canadian National Railways will not be responsible
for any complaints or claims arising from use of such facilities and /or
operations on, over or under the aforesaid rights -of- way."
• Any proposed alterations to the existing drainage pattern affecting railway
property must receive prior concurrence from the Railway and be
substantiated by a drainage report to the satisfaction of the Railway.
• The Owner shall through restrictive covenants to be registered on title and
all agreements of purchase and sale or lease provide notice to the public
that the safety berm, fencing and vibration isolation measures implemented
are not to be tampered with or altered and further that the Owner shall
have sole responsibility for and shall maintain these measures to the
satisfaction of CN.
The Owner enter into an Agreement stipulating how CN's concerns will be
resolved and will pay CN's reasonable costs in preparing and negotiating
the agreement.
The Railway requests the Municipality to include the setback requirement
in the Zoning By -law Amendment and that t� 9 wner register on title an
REPORT PD-23-97 PAGE 7
Agreement with CN stipulating how CN's concerns will be addressed, prior
to the passing of the By -law.
6.7 Comments remain outstanding from:
Waterfront Regeneration Trust
Regional Planning Department
• Central Lake Ontario Conservation Authority
• Clarington Public Works - Parks Division
• Clarington Public Works - Engineering Division
• Ontario Hydro
• Bell Canada
7. STAFF COMMENTS
As the purpose of this report is to give the status of the application for the
public meeting, it is appropriate to have the application referred back to
staff for further processing.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
BR *LT *FW *km
Attachment #1 - Site Location Key Map
February 11, 1997
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
Mr. Roger Howard,
M.C.I.P., R.P.P.
Ridge Pine Park Inc.
Rice Development
17 Dean Street
Brampton, Ontario
L6W 1 M7
Mrs. Debra Allin
25 Bennett Road
R.R. #4
Bowmanville, Ontario
L1C 3K5
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