HomeMy WebLinkAboutPD-39-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: GREEN- MA.GPA
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File # 1&V,97,009 4 , 6
Date: Monday, April 7, 1997 Res. #6&4 -
Report #: .. File •••
• • GREEN-MARTIN •
PART LOT •. OF DARLINGTON
FILE: DEV 00•
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -39 -97 be received;
2. THAT the zoning amendment application submitted by Kelvin Whalen on behalf
of Green - Martin Holdings Ltd. be referred back to staff for further processing and
the preparation of a subsequent report following the receipt of the 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 Applicant: Green - Martin Holdings Ltd.
1.2 Agent: Kelvin Whalen
1.3 Rezoning:
i) 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 single detached dwelling, eight (8)
semi - detached dwellings and thirty nine (39) on street townhouse
units (see Attachment # 2); and
ii) from in part "Holding - Urban Residential Type One ((H)R1) ",
"Holding - Urban Residential Type Two ((H)R2)" and "Holding -
Urban Residential Type Two - Exception ((H)R2 -5)" to the
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REPORT NO. PD -39 -97 PAGE 2
appropriate zones in order to permit the development of draft
approved Plans of Subdivision 18T- 88047, 18T -90008 and 18T-
90032. The proposed amendments would include:
a lot coverage percentage increase from 40% to 45 %;
a front yard setback reduction from 6.0 metres to 3.6 metres
when the garage is detached;
an interior side yard setback reduction from 4.5 metres to 2.8
metres when an attached garage or carport is not provided;
• an interior side yard setback reduction from 1.2 metres to 0.0
metres for detached garages;
• a rear yard setback reduction from 1.2 metres to 0.6 metres
for detached garages.
1.4 Area: 23.85 hectares (58.93 acres)
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 and
regulatory changes described in Section 1.3 of this report.
2.2 The area subject to the proposal is located south of Highway 2, west of Green
Road, north of the Canadian Pacific Railway. The majority of the lands are
contained within the limits of the draft plans of subdivision 18T- 88047, 18T -90008
and 18T- 90032. The more formal location description is Part Lot 17, Concession
1, former Township of Darlington.
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. In addition the appropriate notice was mailed to each
landowner within the prescribed distance.
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REPORT NO. PD -39 -97 PAGE 3
3.2 As a result of the public notification process, staff received one telephone and one
counter inquiry. Both inquiries were of a general nature, inquiring as to the
impact the rezoning application would have on the three draft plans of
subdivision. Staff confirmed that the setback and lot coverage reductions as
requested would not alter the designs of the various plans of subdivision.
The development of the gas bar, convenience store, car wash and forty -eight unit
residential component within the future development Block 276 on Plan 18T-
88047 and Part 1 on Plan 40R -14571 (See Attachment No. 2) will require the
submission through the Region of Durham of an application for amendment to
draft approval.
1
4.1 Within the 1991 Durham Regional Official Plan, the subject site is located within
the Bowmanville Urban Area and is identified as Living Area. The application
appears to conform with the intent of the Regional Official Plan.
4.2 With respect to the Clarington Official Plan, the subject property is designated
Urban Residential with a Medium Density symbol in the vicinity of the future
development block in Plan 18T- 88047. The predominant use of land designated
Urban Residential shall be for housing purposes. Other uses may be permitted
which by the nature of their 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.
5. ZONING BY -LAW COMPLIANCE
5.1 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 -eight unit
residential development consisting of one existing single family dwelling unit, eight
6'0, 7)
REPORT NO. PD -39 -97 PAGE 4
semi - detached units and thirty -nine street townhouse units. In addition, the
applicant has requested site specific zone category provisions for all of the
subject lands which include:
• a lot coverage percentage increase from 40% to 45 %;
• a front yard setback reduction from 6.0 metres to 3.6 metres when the
garage is detached;
• an interior side yard setback reduction from 4.5 metres to 2.8 metres when
an attached garage or carport is not provided;
• an interior side yard setback reduction from 1.2 metres to 0.0 metres for
detached garages;
• a rear yard setback reduction from 1.2 metres to 0.6 metres for detached
garages.
5.2 The requested site specific zone provisions have necessitated the application to
amend Comprehensive Zoning By -law 84 -63.
6. AGENCY COMMENTS
61 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 Fire Department and Regional Health Department had no
objection to the proposed rezoning.
6.3 The Canadian Pacific Railway provided comments that were consistent with those
provided when the draft plans of subdivision were being considered for draft
approval. Their concerns will be addressed through the conditions of draft
approval at such time as the plans of subdivision proceed.
6.4 The Clarington Local Architectural Conservation Advisory Committee noted that
the proposed residential development is on the main western entrance to
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REPORT NO. PD -39 -97 PAGE 5
Bowmanville and as such, residential development should be in sympathy with
the existing heritage buildings in the area. The proposed gas bar and
convenience store would not be appropriate in such a residential area and would
detract from an initially pleasing view of the town. It was also noted that
development should be consistent with cultural heritage feature provisions as
contained in the Clarington Official Plan.
6.5 Comments remain outstanding from:
• Clarington Public Works Department
• Clarington Economic Development Office
• Region of Durham Planning Department
• Region of Durham Public Works Department
• Public School Board
• Separate School Board
• Ontario Hydro
• Bell Canada
7. STAFF COMMENTS
7.1 That portion of the rezoning application which proposes to vary the zoning
category provisions to vary the lot coverage and various setback requirements will
not require any revisions to the three plans of subdivision as draft approved by
the Region of Durham. The applicant has indicated the purpose of the request
is to provide a degree of flexibility in the siting of the housing units within each
plan.
7.2 The development of the gas bar, convenience store, car wash and forty -eight unit
residential component located on the future development block 276 on draft
approved plan of subdivision 18T -88047 and Part 1 on Plan 40R -15471 (see
Attachment No. 2) will, however, require the submission of an application to the
Region of Durham requesting approval of an amendment to the conditions of draft
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REPORT NO. PD -39 -97 PAGE 6
approval for Plan 18T- 88047. It is staff's understanding that to date, an
application has not been filed.
7.3 At such time that the revision to draft approval is forwarded to staff, it will be
reviewed in light of the appropriate policies contained within the Clarington Official
Plan. These will include:
examination of the criteria for the location of service stations. Of major
concern is the provision noting that service stations are not permitted at
intersections which Council deems to have important visual significance for
gateways to communities;
examination of the criteria for the location, need and size of corner stores
in Urban Areas; and
review of the site design criteria for medium density residential
development, specifically the requirement that street townhousing shall not
be sited on opposite sides of the street unless adequate on- street parking
can be provided to the satisfaction of the Municipality.
7.4 The approval of any rezoning application submitted in respect to a draft plan of
subdivision is generally intended to implement the conditions of draft approval as
issued. Draft plan of subdivision 18T -88047 will require the submission of a
revised plan to permit the development of the future development Block 276 along
with Part 1 on Plan 40R- 15471. It is anticipated through this review process that
the land use and design aspects of the revised plan will be addressed. This will
enable an implementing by -law to be considered for approval addressing any
changes, as warranted.
8. CONCLUSION
8.1 As the purpose of this report is to provide a status of the application for the Public
Meeting, it would be in order to have the application referred back to staff for
further processing.
0 IS
REPORT NO. PD -39 -97 PAGE 7
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
BR *LDT *FW *cc
Reviewed by,
Attachment # 1 - Site Location Key Map
Attachment # 2 - Potential layout plan
Attachment # 3 - Affected Parts of the Draft Approved Plans of Subdivision
March 27, 1997
Interested parties to be notified of Council and Committee'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 3K7
6,07
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