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HomeMy WebLinkAboutPD-84-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: DEVWW2.GPA REPORT Meeting: General Purpose and Administration Committee File #��_ Date: Monday, June 3, 1996(- Res. # 11r X rA Report #: PD -84 -96 File #: 18T -87086 & DEV 96 -002 By -law # 1_ __ //3 Subject: REVISIONS TO DRAFT PLAN APPROVALAND ZONING BY -LAW AMENDMENT APPLICANT: CARRUTHERS AND SMITH PART LOT 13, CONCESSION 2, FORMER TOWN OF BOWMANVILLE MIDDLE ROAD AND SCUGOG STREET FILE: 18T -87086 & DEV 96 -002 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -84 -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 red -line revised, as per attachment No. 2 be APPROVED subject to the 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 all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Carruthers /Smith 1.2 Agent: Tunney Planning Inc. 576 ....2 REPORT NO. PD -84 -96 PAGE 2 1.3 Rezoning Application: from "Agricultural (A)" to an appropriate zone to permit the development of 9 single detached lots. 1.4 Subdivision Application: proposes 32 single family dwelling units, 126 semi- detached /link units for a total of 158 units. 1.5 Land Area: .75 ha (1.8 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. COMMENTS 3.1 On May 6, 1996, General Purpose and Administration Committee considered PD- 67-96 which recommended approval of an application for rezoning and amendment to draft approval for a total of ten semi - detached /linked units on the subject lands. Following the delegation of Bethany Gale and Committee's consideration of the report, the Committee recommended, "THAT Report PD -67 -96 be referred back to staff for review of the density of the proposal." 3.2 The delegation raised a number of concerns with respect to the application as follows: i) the density of the development is too high; ii) estimated student generation being too low; iii) re- alignment of Scugog Street will be an inconvenience to residents; iv) the destruction of woods and wildlife; v) construction of semi - detached units limits home buying options; vi) providing residents an opportunity to plan their neighbourhoods; and vii) retaining peaceful, stable neighbourhoods. In addition, a petition containing 21 names was submitted in objection to the proposed 10 lots. ....3 577 REPORT NO. PD-84-96 PAGE ffl 3.3 In consideration of the Committee and Council's decision, the applicant has revised the application as per Attachment No. 2. The revised plan is now proposing nine single family dwelling lots. Five units are suggested to front on the south side of the re- aligned Scugog Street with a minimum frontage of 14.1 m (46.2 ft). The remaining four units would be part of a cul -de -sac, to be developed in conjunction with the adjacent plan of subdivision (18T- 88051), and would have a minimum frontage of 10.5 m (34.4 ft). 3.4 As noted in PD- 67 -96, the lands subject to the rezoning application were originally identified as a block for future development in draft approved plan of subdivision 18T- 87086. Since that time the development application on the west side of Scugog Street (18T- 88051) has been draft approved. Approval of 18T -88051 included a road pattern, similar to the subject application, involving the subject lands and part of the Scugog Street road allowance for residential lots. Should the subject applications be approved a minor revision to the previous draft approval for 18T -88051 is required. The owner of 18T -88051 has submitted a revised plan that is consistent with the subject application. 3.5 No land use was specified for the subject lands at the time of the original draft approval of 18T- 87086, hence the zoning of the subject lands has remained Agricultural (A). 3.6 Most of the concerns raised by the delegation, items i to v, were previously addressed by staff report in PD -67 -96 (Attachment No. 5). The subject lands which form part of the original 17.238 ha, went through an extensive public consultation process, with resident group meetings at the Durham Christian High School. These meetings were held in addition to the required public meetings and prior to draft approval of applications in the area generally bounded by Fourth Street, Scugog Street, Concession Rd 3, and the mid -point between 5% REPORT NO. PD -84 -96 PAGE 4 Liberty Street and Middle Road. Development which has been approved and supported by staff has taken into consideration existing residents, as well as policies contained in the Official Plan. 3.7 Staff have no objection to the application as originally submitted, and remain supportive of the application as revised. The proposed lots are compatible with both the surrounding, previously draft approved lots, and the existing residences located on Scugog Street and on Mill Lane. The revised proposal has a density of 12 uph, well below the 30 uph permitted in the Official Plan. 4 RECOMMENDATION 4.1 In consideration of the comments contained within said report and PD- 67 -96, it is recommended that the application for amendment to draft approval be supported, subject to revised conditions of draft approval, as contained in Attachment No. 3, and that the application for zoning by -law amendment to implement the proposed revisions be approved. Respectfully submitted, J t ('( �i Reviewed by, Franklin Wu, M.C.I.P., R.P.P., W. H. Stockwell Director of Planning Chief Administrative and Development Officer CP *FW *cc Attachment No. 1 - Key Map Attachment No. 2 - Subject Lands and Proposed Lotting Attachment No. 3 - Conditions of Draft Approval Attachment No. 4 - Zoning By -law Amendment Attachment No. 5 - PD -67 -96 May 27, 1996 5 % ....5 REPORT NO. PD -84 -96 PAGE 5 Interested parties to be notified of Council and Committee's decision: Robert Carruthers R. R. No. 1, BOWMANVILLE, Ontario L1C 3K2 Gale Bethany 21 Mill Lane BOWMANVILLE, Ontario L1C 3K2 Elizabeth Smith 8 Lester Place CAMBRIDGE, Ontario N1 R 2P9 0 so 0 LOT 14 LOT 13 LOT 12 �Gc • '• IN J Q Z _0 O W ry u °Oa�� p�E DEV, 96 -002 Attachment No. 1 M Subject Site and Proposed Lotting I ! I 1 ��-'' �'�, �r�'• +r�.. rat 4 r I a � z j J 0 1a Q i/) t, 2' 3 1 o � v tu ;V0 IT 1 0•� �11� ''JI9'- 0-0 8 = << 0.0 1 1 hyi� 1 I � 1 Attachment No. 2 5,8 2 REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION Condition 1 be revised as follows: i) That this approval applies to draft Plan of Subdivision 18T -87086 prepared by Tunney Planning Inc. dated revised May 1996 as per the attached plan showing 31 lots for single family dwellings, 63 lots, 126 units for semi - detached or linked dwellings, a block for a park and various blocks for future development, road widening and 0.3 m reserve. 2. Condition 4 be revised to reflect Block 109 to 113 inclusive for road widening. 3. Condition 5 be revised to reflect Blocks 104 to 108 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 to 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. 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. C 0 N C E S S I 0 R O,A D L ,3 r — — — — no rn S T E E T A"! J e JI;� . ; ! I 1 1 1 1 1 1 1 1 1 -T �j H HIT, "f —4 I SIFT R A n, m. rn ti VI CA\ r\ IX Iju F Yl MILL LANE 585 A 'S 'o 10 585 Attachment No. 4 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 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 "Holding Urban Residential Exception ((H)R2 -8" "Agricultural (A)" to "Holding Urban Residential Exception ((H)R2 -9" 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 586 This is Schedule "A" to By —law 96— 0 passed this day of 0 1996 A.D. LOT 14 LOT 13 LOT 12 ONC ESSM ROAD 3 °a co O W oN z O w U Q z z 0 O U C9 W 4 0 ST. P4101 PTA BOWMANVILLE LOT 13 PROPOSED S01/000 STREET N 71'49'10" E 67.4 •O) 7 x O N o, Z 4r- kA O 3 Lo V z m � a O U N 5�3 �Od' ZONING CHANGE FROM "A" TO "(H)R2 -9" ® ZONING CHANGE FROM "A" TO "(H)R2 -8" 0 10 20 40 Mayor 25 20 15 10 5 0 Clerk LOT 14 LOT 13 LOT 12 ONC ESSM ROAD 3 °a co O W oN z O w U Q z z 0 O U C9 W 4 0 ST. P4101 PTA BOWMANVILLE Attachment No. 5 DMCAMurrnERsT(M� CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, May 6, 1996 Res. # 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 29 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 1.2 Agent: 1.3 Rezoning Application: 1.41 Land Area Zoning: 1.5 Revised Plan of Subdivision: 1.6 Land Area Subdivision: 2. LOCATION PAGE 2 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) 2.1 The subject properly 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 589 REPORT NO.: PD -67 -96 4.1 4.2 5. 5.1 5.2 PAGE 3 > 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. EXISTING AND SURROUNDING USES The existing site is currently vacant. 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). OFFICIAL PLAN POLICIES 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. 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. 590 REPORT NO.: PD -67 -96 PAGE 4 5.3 Within the Municipality of Ciarington, Council- adopted Official Plan, the subject properly 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. 6. ZONING 6.1 The current zoning on the subject properly 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 REPORT NO.: PD -67 -96 PAGE 5 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 a 592 REPORT NO.: PD -67 -96 PAGE 6 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. k 593 REPORT NO.: PD -67 -96 Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development CP *FW *df 29 April 1996 Reviewed by, 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. U C 3K2 Gale Bethany 21 Mill Lane Bowmanville, Ontario. L1 C 3K2 Elizabeth Smith 8 Lester Place Cambridge, Ontario. N1 R 2P9 PAGE 7 •i v r/// // SUBJECT PROPERTY LOT 14 LOT 13 'LOT 12 BOO WlV1ANVILLE DEV, 96-002 KEY fulAf' ATTACHMENT #1 595 N z 0 w U O Irmo, ATTACHMENT #2 REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION Plan Identification 1. Condition 1 be revised as follows: 1. 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. Me! C O N C E S S I O N ALI T _l - I C�I_.j 1- - ti '�•` \L.L� �— '�.• —i t_L.LJ.1J a "' � —.fir C._ / IS v O — — — — — — — rl �, I y to z `" Ire \\ A F- - -- UWE- kL_JJ�'1 rim a J L N o. r �I II y q A I = m y� I� __ o i m I r• H ° II o m • �I �- II 'l6 it — M J r-- l$I�rel-- l i J LI Li L 1J l_ rT1- 1 "rrTr7 C-I ,4H�(iY 'i�II IFIi IiTfL� r�k n T_ fTl rf I I I i-T it 111 L) i�.U'1 �I a is ti n 4 � VIA < ofs A I L ;.D-Q 597 i ' W I,��• 'O 597 This is Schedule "A" to By —law 96— , passed this day of , 1996 A.D. LOT 13 PROPOSED 501/000 STREET �c ti o N C) Z 0 �n a w to 0 Z 0 0 U 55�Z�d N ® ZONING CHANGE FROM "A" TO "(H)R1" 0 10 20 40 25 20 15 105 0 Clerk Mayor BOWMANVILLE LOT 14 LOT 13 LOT 12