HomeMy WebLinkAboutPD-67-96DWCARRUTHERST41 CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File
Date: Monday, May 6, 1996 Res. #i 1'l —090" Cl
Report #: PD -67 -96 File #: DEV 96 -002 and 18T -87086 By -law #.
Subject: REVISIONS TO DRAFT APPROVAL AND REZONING APPLICATION
APPLICANT: CARRUTHERS AND SMITH
PART LOT 13, CONCESSION 2, FORMER TOWN OF BOWMANVILLE
MIDDLE ROAD AND SCUGOG STREET
FILE NO.: 18T -87086 AND DEV 96 -002
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -67 -96 be received;
2. THAT the proposed revisions to Draft Approved Plan of Subdivision 18T -87086
submitted by Tunney Planning on behalf of Robert Carruthers and Elizabeth Smith
dated January 1996, as per Attachment No. 2 be APPROVED subject to the
Revised Conditions of Draft Approval 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 the Public
Works and Director of Planning;
4. THAT the attached amendment to By -law 84 -63 be APPROVED and that the
"Holding (H)" symbol be removed by By -law upon execution of a Subdivision
Agreement;
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 Applicant: Carruthers /Smith
1 099
1.2 Agent:
1.3 Rezoning Application
1.4 Land Area Zoning:
1.5 Revised Plan of Subdivision:
1.6 Land Area Subdivision
Tunney Planning Inc.
From "Agricultural (A)" to an appropriate zone
to permit the development of 5 semi-
detached /link lots (10 units).
.7 ha (1.8 acres)
28 single family dwelling units, 65 semi-
detached /link lots (130 units) for a total of 158
units
10.845 ha (26.8 acres)
2. LOCATION
2.1 The subject property is located in the triangle formed by the intersection of Middle
Road and Scugog Street. It comprises part of Lot 13, Concession 2, former Town
of Bowmanville.
3. BACKGROUND
3.1 The lands subject to the revision to the draft approved plan of subdivision and
subject to the rezoning application were originally identified as a block for future
development located on the most southerly portion of the draft approved Plan of
Subdivision 18T- 87086. Plan of Subdivision 18T -87086 was originally draft
approved in October 1990 for 212 units. No land use was specified for the
subject lands at the time of the original draft approval, hence the lands were left
as a block and the zoning of the subject lands has remained Agricultural (A). The
owner has now applied to subdivide and rezone the future development block.
3.2 The Public Meeting for the rezoning application was held on April 1, 1996. In
addition to the applicant, one individual spoke on the subject application.
Bethany Gale expressed the following concerns:
> traffic from Scugog Street and Middle Road;
> the grading of the marsh and impacts on the wildlife; and
587
> the density of the proposal being too high, should not permit more
than three homes on the parcel.
These issues will be addressed in the Staff Comments section of this report.
4.1 The existing site is currently vacant.
4.2 Surrounding land uses are as follows:
South: Vacant land subject to draft approved residential development
application (18T- 88051) and existing residential fronting on Scugog
Street.
East: Vacant land subject to draft approved residential development
application (18T- 87087).
North: Vacant land subject to draft approved development application (18T-
87086).
West: Vacant land subject to draft approved residential development
application (18T- 88051).
5. OFFICIAL PLAN POLICIES
5.1 Within the Durham Regional Official Plan the subject property is designated Living
Area within the Bowmanville Urban Area boundary. Said designation shall permit
the development of communities with defined boundaries, incorporating the
widest possible variety of housing types, sizes and tenure. The proposal appears
to conform.
5.2 Within the former Town of Newcastle Official Plan the subject property is
designated "Low Density Residential" in neighbourhood 2D of the Bowmanville
Urban Area. The application generally conforms with the low density residential
policies and the neighbourhood population target.
588
• QU •
5.3 Within the Municipality of Clarington, Council- adopted Official Plan, the subject
property is designated "Urban Residential" within the Knox neighbourhood (No.
8) of the Bowmanville Urban Area. The application appears to generally conform
with the neighbourhood population target and the low density residential policies.
•11
6.1 The current zoning on the subject property is Agricultural (A). Said zoning does
not permit the development of urban residential lots as proposed, hence the
rezoning application.
7. AGENCY COMMENTS
7.1 In accordance with departmental procedure, the subject application was
circulated to a number of agencies and departments for comment. The Fire
Department, the Parks Division of the Public Works Department and the Separate
School Board all advised they have no objection to the proposal.
7.2 The Clarington Public Works Department, Engineering Division advised they have
no objection to the proposed amendment to draft approval and rezoning
application subject to a number of conditions of draft approval. Approval of the
proposed plan of subdivision will necessitate the closure by By -law of the portion
of Scugog Street situated between Mill Lane and Middle Road. The applicant
must initiate this process and that portion of the road allowance must be closed
by By -law prior to development of any of the lands directly affected by this
proposed amendment. In addition, prior to the closure of Scugog Street, the
realignment of Scugog Street, to the north, must physically be opened for use.
7.3 Any housing development on the new section of Scugog Street will be subject to
an approved house construction phasing plan approved by the Municipality to
ensure smooth flow of traffic along Scugog Street. The applicant must contribute
an appropriate share of the cost of the oversized storm sewer and stormwater
589
management works necessary for this development. The applicant's share is
determined in the Northwest Bowmanville Master Drainage Study. Lot grading
and drainage plan for both the minor and major systems from this subdivision
must be prepared.
7.4 The Central Lake Ontario Conservation Authority has provided comments advising
they have no objection in principle to the development. Development of the
proposal must conform to the Northwest Bowmanville Master Drainage Study.
Authority Staff note the subject lands are occupied by a small watercourse. The
watercourse will be eliminated once lands upstream develop, until such time as
appropriate conveyance works are in place, development of this parcel must
accommodate the incoming drainage. In addition, the lands are subject to
Ontario Regulation 145/90 requiring written permission prior to any filling or
grading on site.
7.5 Regional Works Staff advised that municipal services are currently not available
to the subject property, however, are part of the works to be installed through a
servicing agreement for St. Stephens High School on Middle Road.
7.6 The Public School Board advised that this development will yield approximately
3 students for the Lord Elgin Public School. The Lord Elgin Public School is
currently over capacity with 11 portables on site. The School Board did not
object to the application.
8. STAFF COMMENTS
8.1 The land subject to rezoning was originally draft approved as Block 192 for
"Future Development ". The applicant, at that time, was considering developing
the block commercially together with the abutting portion of the Scugog Street
road allowance and lands in subdivision 18T- 88051. The applicant is no longer
interested in pursuing commercial development on this block and has proposed
590
WTWW
a lotting scheme as indicated on Attachment No. 2, Staff are generally satisfied
with the proposed concept. The owner of the adjacent lands (18T- 88051), is also
agreeable to the proposed lotting and has submitted proposed revisions to his
plan to ensure the two plans harmonize.
8.2 At the Public Meeting concerns were raised with respect to traffic, density and the
environment.
a) The proposed revision does not change the road alignment of Middle Road
and Scugog Street from that which was previously draft approved. In
addition, four of the ten units do not have direct access to Scugog Street,
as they are on a cul -de -sac with indirect access to the future Type C
arterial, Longworth Avenue.
b) The proposed five lots, ten units have a density of 13.3 units per ha (uph),
well below the 30 uph permitted in the designation. In addition, the lots
require part of the Scugog Street road allowance to complete their land
area requirements.
c) The Conservation Authority has no objection to this development and did
not consider this area as having high environmental sensitivity. , With the
development of the surrounding lands to the north and south, the
triangular parcel would not retain its marshy characteristics. Its function,
as a wildlife habitat, would also withdraw.
9. CONCLUSION
9.1 In consideration of the submissions received from the different departments and
agencies, and based on the comments contained within said report, it is
recommended that the application for amendment to draft approval be supported,
subject to revised conditions of draft approval, and that the application for zoning
by -law amendment to implement the proposed revisions be approved.
591
Respectfully submitted, Reviewed by,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
CP *FW *df
29 April 1996
W.H. Stockwell
Chief Administrative
Officer
Attachment No. 1: Key Map
Attachment No. 2: Conditions of Draft Approval
Attachment No. 3: Zoning By -law Amendment
Interested parties to be notified of Council and Committee's decision:
Robert Carruthers
R.R. #1
Bowmanville, Ontario.
L1 C 3K2
Gale Bethany
21 Mill Lane
Bowmanville, Ontario.
L1 C 3K2
Elizabeth Smith
8 Lester Place
Cambridge, Ontario.
N1 R 2P9
Y 592
SUBJECT PROPERTY
LOT 14 LOT 13 LOT 12
Hill 111 11
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ATTACHMENT , ,#` 1
593
ATTACHMENT #2
REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
Plan Identification
1. Condition 1 be revised as follows:
That this approval applies to draft Plan of Subdivision 18T -87086 prepared
by Tunney Planning Inc. dated revised January 1996 as per the attached
plan showing 28 lots for single family dwellings, 65 lots, 130 units for semi-
detached or linked dwellings, a block for a park and various blocks for
road widenings and 0.3 metre reserve.
2. Condition 4 be revised to reflect Blocks 106 to 109 inclusive for road widening.
3. Condition 5 be revised to reflect blocks 100 to 105 inclusive for 0.3 metre
reserves.
4. Condition 11 be replaced with the following wording;
The applicant's engineer will be responsible to provide a Lot Grading and
Drainage Plan that details the conveyance of storm drainage, both minor and
major, systems from this subdivision. In addition, this grading and drainage plan
should specify the location of the storm connection and to which existing storm
sewer the applicant proposes to connect. At such time that we receive this
information, we may review it and determine the financial implications that this site
may have, on the Municipality's By -law. Further comment may be necessary
before final approval of the subdivision agreement to deal with this matter.
5. That the following new conditions of draft approval be added:
i) The portion of Scugog Street situated between Mill Lane and Middle Road
must be closed by By -law prior to development of any of the lands directly
affected by this proposed amendment. The closure of this portion of
Scugog Street will be subject to the approval of Council and must be
carried out in accordance with the Municipality's Road Closure Policy and
to the satisfaction of the Director of Public Works. The required road
closure cannot occur until the "new" section of Scugog Street to the north
has been physically opened for use by vehicular traffic.
ii) To ensure the smooth flow of traffic along Scugog Street, the
applicant /owner must make best efforts to ensure and to phase, to the
satisfaction of the Director of Public Works, the house construction
activities such that they do not impede or interfere with vehicle traffic. The
issuance of building permits should be subject to an approved house
construction phasing plan.
_01
Page 2..
iii) The applicant must contribute an appropriate share of the cost of oversized
storm sewer and stormwater management works necessary to service the
drainage of this plan of subdivision. The applicant's costs will be
determined in the Northwest Bowmanville Master Drainage Study, prepared
by G.M. Sernas and Associates, and as finally approved by the Director of
Public Works.
iv) That the Northwest Bowmanville Master Drainage Study be approved by
the Director of Public Works prior to the development of this plan of
subdivision.
v) That all residential lots sharing a common property line with the future
Separate Secondary School be fenced with a 1.8 metre high chain link
fence.
595
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ATTACHMENT #3
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
Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington has
recommended approval to the Region of Durham of the proposed revisions to Draft Plan
of Subdivision 18T- 87086.
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 redline revised 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 "Agricultural (A)" to "Urban Residential Type
One - Holding ((H)R1)" 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 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
597
This is
Schedule "A"
to
By —law 96— ,
passed
this day
of
, 1996 A.D.
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