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HomeMy WebLinkAboutPD-54-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: SCHICKED.GPA REPORT Meeting: General Purpose and Administration Committee File Date: Monday, April 22, 1996 Report #: PD -54 -96 File #: DEV 95 -007 & 18T -95005 €•' Res. # )A9__CQ By -law # Subject: DRAFT PLAN OF SUBDIVISION AND REZONING APPLICATION G.M. SERNAS & ASSOCIATES LIMITED ON BEHALF OF SCHICKEDANZ BROTHERS LIMITED PART LOT 8, CONCESSION 2, FORMER TOWN OF BOWMANVILLE, EAST SIDE OF MEARNS AVE., NORTH SIDE OF THE CANADIAN PACIFIC RAILWAY FILE: DEV 95 -007 & 18T -95005 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -54 -96 be received; 2. THAT the proposed Plan of Subdivision 18T -95005 as revised and redlined dated February 16, 1996, as per Attachment #3, be approved subject to the conditions contained in this Report; 3. THAT Attachment #1 containing the amending By -Law to Comprehensive Zoning By -Law 84 -63 be APPROVED subject and that the "Holding (H)" symbol be removed by By -law upon execution of a Subdivision Agreement; 4. 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; 5. THAT the Durham Region Planning Department and 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: Schickedanz Brothers Limited 597 ....2 REPORT NO. PD -54 -96 PAGE 2 1.3 Rezoning: From "Agricultural (A) Zone" and "Environmental Protection (EP) Zone" to "Holding - Urban Residential Type One (H(R1)) Zone ", "Holding - Urban Residential Type Two (H(R2)) Zone ", "Holding - Urban Residential Type Three (H(R3)) Zone, "Holding - Urban Residential Exception (H(R3 -15)) Zone ", "Holding - Urban Residential Exception (H(R3 -16)) Zone ", and "Environmental Protection (EP) Zone ". 1.4 Plan of Subdivision: 84 unit residential subdivision comprised of 12 single detached dwellings, 32 semi - detached dwellings, and 40 townhouses, numerous blocks for road widenings, road reserves, open space blocks, and stormwater management. 1.5 Site Area: 7.68 hectares 2. LOCATION 2.1 The subject lands are located within Part Lot 8, Concession 2 in the former Town of Bowmanville. They are situated directly east of Mearns Avenue and north of the Canadian Pacific railway tracks. The land holdings include the existing storm water pond which was built to accommodate growth north and west of these lands as well as additional lands to the east owned by the applicant but not subject to this application. 3. BACKGROUND 3.1 On February 28, 1995, the Planning Department received an application to rezone the subject lands. An associated draft plan of subdivision application was received by the Region and circulated to the Municipality for comment on March 10, 1995. 5108 ...3 REPORT NO. PD -54 -96 PAGE 3 3.2 Upon receipt of the application, Staff requested that the plan of subdivision be revised, or a local Official Plan Amendment application be submitted as the density proposed was above that permitted in the Local Official Plan. The draft plan has subsequently been amended to comply with the density requirements of the Official Plan. 3.3 Since the Public Meeting held on July 10, 1995, the application has been revised slightly in order to satisfy agency comments, particularly from the Clarington Public Works Department and the Central Lake Ontario Conservation Authority. The applicant provided information regarding the future alignment of Longworth Avenue to the satisfaction of the Public Works Department. This resulted in realigning Longworth and redesigning the residential development on the most south - easterly portion of the site. In response to Conservation Authority's comments, an additional open space block was provided along the entire easterly limits of the plan, providing a buffer between the residential development and the valleylands. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Stormwater pond and vacant fields with a watercourse bisecting the property 4.2 Surrounding Uses: East: Soper Creek and vacant fields West: Medium density development comprising 85 residential units and a draft approved residential plan of subdivision South: Canadian Pacific Railway and vacant land North: Vacant land 509 WE REPORT NO. PD -54 -96 PAGE 5 5.3 Section 14.4.3 of the Official Plan states that where a proposed development abuts a stream valley, a development setback must be provided. The applicant, in consultation with the Conservation Authority, has agreed to a development setback being Open Space Blocks 39 and 40 on the plan. This setback is irregular, but in no instance is its width reduced below 3.0 metres. These Open Space Blocks will be assumed by the Municipality of Clarington. 6. ZONING BY -LAW PROVISIONS 6.1 The subject lands are zoned "Agricultural (A) Zone" and "Environmental Protection (EP) Zone ". The agricultural lands shall be used for predominantly farm and farm - related uses. Environmental Protection zoning identifies those lands which are either sensitive or hazardous for development. The limits of the Environmental Protection Zone have been determined in consultation with the Conservation Authority. 7. PUBLIC MEETING AND SUBMISSION 7.1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the Planning Act, R.S.O. 1990, 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 At the public meeting, Mr. George Bellman spoke stating he was concerned about the density of the development and the erosion of soil on his property. At the meeting, Mr. Schickedanz stated his willingness to meet with Mr. Bellman to address his concerns. Staff have since been advised that Mr. Bellman's concerns regarding soil erosion have been addressed. 511 REPORT NO. PD -54 -96 PAGE 6 ZIWAGI-Tel ►, ITIT411 J 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: • Municipality of Clarington Fire Department • Municipality of Clarington Community Services Department • Peterborough Victoria Northumberland Clarington Separate School Board 8.2 Conditions of the Parks Division of the Clarington Public Works Department include the 5% parkland dedication being accepted as cash -in -lieu, a landscape plan of the pond providing for a buffer and low maintenance vegetation, appropriate fencing adjacent to the water quality pond with three rows of trees being planted alternately on private and municipal land, and a tree planting plan being submitted to the Municipality's satisfaction. 8.3 The Clarington Public Works Department has no objection to the proposed subdivision provided that the following conditions are fulfilled: • all road widenings, 0.3 metre reserves and easements must be dedicated free and clear of all encumbrances to the Municipality; • additional 0.3 metre reserves are required along the north limits of Blocks 29 and 32; • prior to development of Lot 13, Street "B" must be extended to the northerly limit of the draft plan and constructed to a finished urban standard; • Lot 12 shall remain frozen until Street "B" is continued to the north and the asphalt etc of the temporary turning circle has been removed; • the applicant must construct the Street "C" flankage along Lot 5 to a full urban standard; ....7 512 REPORT NO. PD -54 -96 PAGE 7 • development restrictions may be placed on Lot 25 depending on the terminus of the turning circle at the eastern terminus of Longworth Avenue; • a stormwater management implementation report must be prepared and approved for the development; and, • the necessary subdivision and front - ending agreements will be required. 8.3 Clarington Hydro Electric Commission requested that the applicant /owner contact the Commission in order to discuss the details of providing electricity to this site. 8.4 The Northumberland Clarington Board of Education requests that the development of the lands be staged in accordance with the availability of school accommodation as the existing schools are over - capacity. They also require sidewalks on all the internal roads and on that portion of Mearns Avenue which fronts the subject lands. Sidewalks will be constructed with the future reconstruction of Mearns Avenue. 8.5 The Durham Region Planning Department have responded stating that the site is located in proximity to an Environmentally Sensitive Area. Section 2.3.17 of the Regional Plan states that an Environmental Impact Study may be required for development applications located in proximity to environmentally sensitive areas. Discussions with the Ministry of Natural Resources and the Central Lake Ontario Conservation Authority have determined that this study is not required for this application. The Durham Region Planning Department has no further objections. 8.6 The Durham Region Public Works Department have stated that water is not presently available to the site and that a 300mm watermain will be required on Mearns Avenue to the northern boundary of the subject lands from an existing 200mm watermain located at Ireland Street. Water for firefighting purposes will ....8 513 REPORT NO. PD -54 -96 PAGE 8 have to come from a different connection. Municipal sanitary sewer services are available to the subject lands from the existing sanitary sewer trunk on Mearns Avenue. No further objections are noted. 8.7 The Central Lake Ontario Conservation Authority concerns and requirements have been met. They note that the applicant has agreed to placing a 3.0 metre buffer in the open space block along the top of the bank. The Conservation Authority will require that reassessment /confirmation of the detention pond functions and potential hydraulic gradeline implications on basement flooding be a condition of draft approval as this information is best provided when final grading plans have been prepared. Fencing will be required between the stormwater facility and the residential lots. 8.8 The Ministry of Natural Resources also require a vegetated buffer between the development and the Soper Creek Valley. They are satisfied with the open space block which the applicant has proposed. They also have a number of conditions which shall be imposed prior to final registration of the plan dealing with stormwater management, erosion, and sediment control. 8.8 The Ministry of Culture, Tourism and Recreation have reviewed the application and note that the subject lands have a high potential for the discovery of archaeological remains. They recommend that an archaeological assessment be completed prior to any earth disturbance. 8.9 The Ministry of Environment and Energy stated that they have reviewed the noise report which was submitted in association with this application. They require that the report be revised to reflect the indoor and outdoor sound level limits after final grade elevations and architectural plans have been formulated. They have stated ....9 514 REPORT NO. PD -54 -96 PAGE 9 that they have no objection to approval of the plan of subdivision conditional upon the appropriate changes being made to the noise report. 8.10 Comments were received from CP Rail System stating that they require a 1.83 metre high chain link fence to be constructed along the common property line at the developer's expense. Any alterations to the existing drainage pattern which may affect the railway property must be approved by the railway. A clause must be inserted in all offers of purchase and sale in the title deed or lease of each dwelling within 300 metres of the Railway's right -of -way advising purchasers of the Railway's operations. Finally, any utilities under or over the railway property must be approved by the railway prior to its installation. 8.11 Canada Post requires the applicant /owner to provide two copies of the plan showing the location of the Community Mailbox(s). 9. STAFF COMMENTS 9.1 This plan has been revised from the original submission in which 104 townhouses were proposed. The revised plan contains 20 fewer units, proposes a mix of housing types, and is more in keeping with Official Plan and housing policies. This plan of subdivision offers a mix of housing types including 12 single detached dwellings, 32 semi - detached units and 40 townhouse units. This mix provides opportunity for a range of housing prices to be offered. 9.2 The latest revision of the Plan has been red -lined revised to include a 0.3 metre reserve along the northern limits of Blocks 29 and 32. This reserve, required by the Clarington Public Works Department, will prohibit access to these blocks along their Longworth Avenue frontages. ....10 - 515 REPORT NO. PD -54 -96 PAGE 10 9.3 The development concept on Block 33 includes five townhouses with separate garages for four of the units. As a result, access to these units will by obtained through an easement registered in favour of all landowners. 10.1 This application conforms to the principles and policies of the Official Plan and the applicant has satisfied commenting agencies and provided a mix of housing types. Staff recommend that the attached zoning by -law in Attachment #1 be APPROVED subject to the applicant removing the Holding "H" symbol upon execution of a subdivision agreement. 10.2 Staff recommend to the Region that draft approval be given to this Plan of Subdivision subject to the conditions contained in Attachment #3. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development RH *FW *cc Reviewed by, Attachment #1 - Key Map and Amending Zoning By -Law Attachment #2 - Proposed Plan of Subdivision Attachment #3 - Proposed Conditions of Draft Approval April 12, 1996 516 ....11 REPORT NO. PD -54 -96 PAGE 11 Interested parties to be notified of Council and Committee's decision: Schickedanz Bros. 3311 Bayview Ave., Suite 105 Willowdale, Ontario M2K 1 G4 G.M.Sernas 110 Scotia Court Unit 41, Whitby, Ontario L1 N 8Y7 George Bellman 247 Mearns Avenue Bowmanville L1 C 3K6 517 Attachment #1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 96- 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 deems it advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle in accordance with application DEV 95 -007 to permit a plan of subdivision containing 12 single detached residential units, 32 semi - detached residential units, and 40 street townhouse units. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE (R3) ZONE" is hereby amended by adding thereto the following new Special Exception 14.6.15 as follows: "14.6.15 URBAN RESIDENTIAL EXCEPTION (113 -15) ZONE Notwithstanding Sections 3.1(f), 14.3(b)(ii), 14.3(c)(i), and 14.3(c)(iv), those lands zoned 113 -15 on the schedules to this By -Law are subject to the following zone regulations: a) interior side yard where an accessory building or structure contains a common wall with an accessory building or structure on the adjacent property Nil b) exterior lot frontage 9.0 metres c) front yard 3.0 metres d) exterior side yard 3.0 metres" 2. - Section 14.6 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE (113) ZONE" is hereby amended by adding thereto the following new Special Exception 14.6.16 as follows: "14.6.16 Urban Residential Exception (R3 -16) Zone Notwithstanding Sections 3.1(f) and 14.3(c)(iv), those lands zoned R3 -16 on the schedules to this By -Law are subject to the following zone regulations: a) interior side yard where an accessory building or structure contains a common wall with an accessory building or structure on the adjacent property Nil b) exterior side yard 3.5 metres" 518 IN 3. Schedule "3" to By -Law 84 -63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Holding - Urban Residential Type One (H(Rl)) Zone" "Agricultural (A) Zone" to "Holding - Urban Residential Type Two (H(R2)) Zone" "Agricultural (A) Zone" to "Holding - Urban Residential Type Three (H(R3)) Zone" "Agricultural (A) Zone" to "Holding - Urban Residential Exception (H(R3 -15)) Zone" "Agricultural (A) Zone" to "Holding - Urban Residential Exception (H(R3 -16)) Zone" as shown on the attached Schedule "A" hereto. 4. Schedule "A" attached hereto shall form part of this By -law. 5. 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 1996. BY -LAW read a second time this day of 1996. BY -LAW read a third time and finally passed this day of 1996. MAYOR CLERK .5 2 10 This is S Schedule 'W' to By—law 96--, passed t this — —day o LOT 8 r-7-663 N70045'50"E N 71045'10"E 193.64 7879 N22023'13"W ... —9.471 N40012'50"W 36.020 N 1702406"W T CD 23•910 N04000'54"W C\j —23.938 N39029'10"W z —30,263 N02001'04"W 0 Z" — — 10.367 N60005'20"W —(- 29.358 N21 °12 57 W W LONGWORTH 4 4 21-306 N 26029 . 23.496 N01 °23'01 " 19.543 N 27057 59 W 33-445 N02058:06W 10-005 N 74006 20 E 36.500 N 39023'40"W 0 33-460 N 27052'40"W 0 z P,1( V ZONING TO REMAIN "EP 11 1­1 ZONING CHANGE FROM "All TO"(H)R1 1 M ZONING CHANGE FROM " ZONING CHANGE FROM"A' .: T EM, ZONING CHANGE FROM"A" TO"(H)R3-16-1 0 25 50 100 Isom Mayor 5 50 0 Clerk 10 9 8 7 6 6 11 I M CON ESSI N R RD. 3 E NO < < 0 F V V) 0 V) Cf) Lj C C) 'Z 0 PIONLij tr C t T. F F-T-T SUBJECT SITE BOWMANVILLE O OTHER LANDS OWNED B BY APPLICANT 2 10 ATTACHMENT #2' LO T 8 1 4 I I1 NIo 0.3m'RMYE 0.3m - ------ !t� OL .4 V.. 32.4 /14 2.1 10 1 0 1 32.1 1 9 PhmD f?.a 16 85.. 1 0 17 10.516.0 0 1 4.0 Cy 18 od 6 80 4 0.0 C) '. cj _. 6 T 6.0 7.3 K65 4 0 31;- — — 4- 39.6 Y. I 5 .1 36.3 Hl . . . . . . 04 :7,Zgo 3S 39.2 f • 32.4 4.7 -3o 1 -4 Q. w z ` N W � MUNICIPM4 PURPOSES 3 38.1 KOM 2;1 2a cn �.o RZ231.�o 0 6.0 [ (" -- 132 s S Fe t E IT; kOGK-N a-T*+I- F ru,PE w 28 m'p 1. 27 2>0 0 CONN E C it ON f 26' U 'a 25 1OPO4 SPACE z BLOCK 39 10.46. 6 0 7 K134 4\T I -iV ''OPEN SPACE BLOCK,38 �11,8117 ho - 4.49 00, P.RT PLAN 1OR-3953 J, S 6dECj u �To EASEMENT AS IN NI. 32206) QU BLOC 3\1 LWA Y Vl r r 7 if it, - 0 3048 m. Reserve J- 52,11 1. That this approval applies to draft Plan of Subdivision 18T -95005 prepared by G.M. Sernas & Associates dated revised February 14, 1996 (and further revised in red as per the attached plan) showing Lots 13 to 20 and 25 to 28 inclusive for single detached dwellings, Lots 1 to 12 and 21 to 24 inclusive for semi - detached or linked dwellings, Blocks 29 to 36 inclusive for street townhouses, Blocks 37 to 40 for Open Space, Block 41 for Water Quality Pond, and various blocks for 0.3 metre reserves, road widening, site triangle, and municipal purposes. FINAL PLAN REQUIREMENTS 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. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 5. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Planning and Development to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 6. 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. 7. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation plan to the Director of Planning and Development for review and approval. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 8. 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. 522 -2- 9. That the applicant prepare a Stormwater Management Implementation Report for the development to be approved by the Director of Public Works in accordance with the Northeast Bowmanville Master Drainage Study dated October 1989, and the Northeast Bowmanville Detention Pond Study dated August 1990, prepared by G.M. Sernas & Associates Limited and as finally approved by the Director of Public Works. 10. That development of Lot 13 will require that Street B be extended to the northerly limit of the draft plan and constructed to a finished urban roadway standard including Regional services, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees, and street lighting for the entire frontage width abutting the lot. The location of the driveway access to Lot 13 may be restricted depending upon the location of the turning circle. The temporary turning circle cannot be constructed on an easement. The lands necessary to accommodate the circle must be provided to the Municipality as road allowance. 11. That Lot 12 will remain frozen until such time as Street B has been extended to the north and the adjacent temporary turning circle has been removed. 12. That the applicant construct the temporary turning circle proposed on Street C to a full urban standard along the flankage of Lot 5 from the location of the turning circle northerly to the limit of development. 13. That Lot 25 may be placed on hold depending on the final location of the temporary turning circle at the eastern extent of Longworth Avenue. Further restrictions may be placed on development of the lot upon review of the engineering drawings for the subdivision. 14. That all easements, road widenings, and 0.3 metre reserves (as redlined), Open Space blocks (as redlined), and temporary turning circles as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. 15. That the Owner shall pay to the Municipality at the time of execution of the subdivision agreement, five percent (5 %) cash -in -lieu of parkland dedication for residential development. 16. That a landscape plan of the ponds providing for a 10 metre buffer and low maintenance vegetation. 17. That appropriate fencing with three rows of trees being planted alternately on private and municipal land. 18. 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. -3- 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. 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 prior to the issuance of building permits, the Owner shall, through its acoustic engineer, to 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 Ministry of the Environment & Energy 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. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 26. 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. 27. That the applicant satisfy all conditions of the Northumberland Clarington Public School Board financially or otherwise. 28. That the applicant satisfy all conditions of the Peterborough Victoria Northumberland Clarington Separate School Board financially or otherwise. 29. That the applicant satisfy all conditions of the Central Lake Ontario Conservation Authority financially or otherwise. 524 -4- 30. That the applicant satisfy all conditions of the Durham Region Public Works Department financially or otherwise. 31. That the applicant satisfy all conditions of the Ministry of Natural Resources financially or otherwise. 32. That the applicant satisfy all conditions of the Ministry of Environment & Energy financially or otherwise. 33. That the applicant satisfy all conditions of the Ministry of Culture & Tourism financially or otherwise. 34. That the applicant satisfy all conditions of the Canadian Pacific Railway financially or otherwise. 35. That the applicant satisfy all conditions of the Bell Canada financially or otherwise. 36. That the applicant satisfy all conditions of the Canada Post financially or otherwise. 525