HomeMy WebLinkAboutPD-12-94THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: DEV90074.GPA REPORT
Meeting: General Purpose and Administration Committee File # _t//0 k V c
bate: Monday, February 7, 1994 Fees. LLO( _� (i +
Report File Fiie DEV 90 -074 (X -REF: 18T -90036 & ok`1 6 j
o? N)°�-°°
Subject: REZONING APPLICATION - DWIGHT CHIZEN IN TRUST
PART LOT 10, CONCESSION 21 FORMER TOWN OF BOWMANVILLE
FILE: DEV 90 -074 (X -REF: 1ST -90036 & OPA 90- 077/N)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -12 -94 be received;
2. THAT the proposed revised Plan of Subdivision 18T -90036 dated
June 1993, as further red -line revised, as per Attachment No.
1, be Approved subject to the conditions 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
at such time as the agreement has been finalized to the
satisfaction of the Director of Public Works and the Director
of Planning and Development;
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 the Subdivision Agreement;
5. THAT the Official Plan Amendment application be Closed;
6. THAT Council provide the authority necessary for Staff to
undertake expropriation proceedings, should the applicant be
unable to obtain the Longworth Ave. connection between Liberty
Street and the west limits of the subject lands;
7. THAT a copy of this Report and Council's decision be forwarded
to the Region of Durham Planning Department; and
8. THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Dwight Chizen In Trust
1.2 Agent: G. M. Sernas and Associates
J�J
PAPIER
LA PC
ILL. E, PPIMED _ RECYCLED PAPEq
REPORT NO.: PD -12 -94 PAGE 2
1.3 Rezoning Application:
from 00Agricultural (A) 11, to an appropriate
zone to permit the development of 297
residential units ...2
1.4 Subdivision: proposing to develop 82 single family dwelling
units, 73 lots for semi - detached /link
dwellings (146 units) , 69 street townhouse
units, 0.346 ha (0.85 acres) for a local
commercial block and 1.937 ha (4.79 acre) park
block.
1.5 Land Area: 18.08 Ha (44.67 Acres)
2 LOCATION
2.1 The subject property is located in Part Lot 10, Concession 2,
Former Town of Bowmanville. The property is located south of
Concession Road 3, west of Mearns Avenue, north of the
Canadian Pacific Railway line and east of Liberty Street. The
property abuts Regional Road 14 (Liberty Street) at two
locations, one having frontage of 20.2 metres, the other 6.13
metres.
3 BACKGROUND
3.1 An application for Zoning By -law Amendment was originally
received by the Municipality of Clarington Planning and
Development Department on August 13, 1990. On August 29, 1990
the Region of Durham Planning Department advised the
Municipality of an Official Plan Amendment (O.P.A. 90- 077/N)
submitted with respect to the subject lands. Application for
proposed plan of subdivision was received by the Municipality
on September 6, 1990 (18T- 90036).
3.2 A revised rezoning application and subdivision design was
received in May of 1992. The revisions to the applications
...3
516
REPORT NO.: PD -12 -94 PAGE 3
provide a net increase of 19 residential units as well as
introducing a commercial component to the proposal. The
commercial block is proposed to be 0.346 ha (0.85 acres) and
accommodate a maximum of 500 square metres of retail
commercial floor space. A retail market analysis was not
requested.
4 EXISTING AND SURROUNDING USES
4.1 The subject lands are currently vacant and have been used for
agricultural production.
4.2 Surrounding land uses include:
South: strip residential development fronting on Liberty
Street, vacant agricultural land subject to
applications for residential development (18T-
87057) and the Canadian Pacific Railway
East: agricultural land containing a supporting
residential unit, as well as lands subject to Draft
Approved development applications.
North: strip residential development fronting on Liberty
Street, vacant lands subject to Draft Approved
development applications and new residential
development.
West: existing strip residential fronting on Liberty
Street, a trucking operation, Liberty Street and
new residential development.
5 PUBLIC MEETING AND RESPONSE
5.1 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 for the original application, as well as the revised
application. In addition the appropriate notice was mailed to
each landowner and tenant within the prescribed 120 metre
distance. ...4
5-17
REPORT NO.: PD -12 -94 PAGE 4
5.2 At the original public meeting one neighbouring resident
stated concerns with the development as they related to
potential drainage problems and future roads abutting their
property. Prior to the second Public Meeting, a couple of
written submissions were received by Planning Staff on the
revised application. One letter objects to additional
development in the area and specifically to the rezoning of
agriculturally zoned lands. The other correspondence noted
concerns with future drainage and potential flooding problems,
potential garbage from the site as well as concern for small
children around the construction site and equipment. No one
appeared at the Public Meetings.
6 OFFICIAL PLAN POLICIES
6.1 Within the Ministry approved June 1991, Durham Regional
Official Plan the subject lands are found within the "Living
Area" designation. Said policies encourage development with
a variety of housing mix and type. The future Longworth
Avenue extension which is to bisect the proposed lands is now
designated as a type "C" arterial in the 1991 Plan. The
proposed 26.0 metre width would appear to conform with the
Durham Plan policies.
6.3 Within the Official Plan of the former Town of Newcastle, the
subject property is located in Neighbourhood 112C" and is
designated "Low Density Residential ". Said neighbourhood also
has a population target of 5500 people. The proposal would
appear to conform with the population target.
6.4 The proponents land ownership equals 18.08 ha. The
application proposes 297 units or 891 people. The red -line
revisions proposed by staff will reduce this total unit yield
by one. The density of the application as calculated conforms
with the low density residential requirements.
...5
REPORT NO.: PD -12 -94 PAGE 5
6.5 The local official plan policies permit convenience commercial
facilities in residentially designated areas in accordance
with projections of need. Neighbourhood commercial facilities
shall provide items of daily necessity for the residents of
the immediate surrounding neighbourhoods. The policies state
that a retail market analysis may not be required by Council
for convenience commercial facilities. The application would
appear to conform to the local Official Plan.
7 ZONING
7.1 The subject lands are currently zoned "Agricultural (A)" and
"Urban Residential Type One (R1) ". The 11R1" zone only affects
that part of the property that fronts on Liberty Street for
the first 29 metres. The proposed residential units and
commercial development would not be permitted in the
Agricultural (A) zone. It is noted the agricultural zone is
utilized in the Municipality's documents as a 'holding' zone,
for lands within the urban area, prior to any development
approvals.
8 AGENCY COMMENTS
8.1 In accordance with departmental procedure the subject
application was circulated to a number of agencies and
departments for comment. The following agencies /departments
provided either no comment or objection to the application as
submitted and revised; Ministry of the Environment, Clarington
Hydro and the Separate School Board.
8.2 The Public Works Department Staff have discussed the proposed
plan of subdivision at length with the proponent. During the
discussions the applicant was advised that he is responsible
for the connection of Longworth Avenue to Liberty Street. The
applicant should make every effort to acquire the lands
between Regional Road 14 and the west limits of this plan of
...6
Jl�
REPORT NO.: PD -12 -94 PAGE 6
subdivision for the above -noted connection. Should the
applicant be unable to obtain the required lands for the
connection, and the Directors of Public Works and Planning and
Development are both satisfied that the applicant has made all
reasonable efforts to acquire these lands, the Municipality
will then consider expropriation.
In dealing with the matter of expropriation, the applicant
would be responsible through the conditions of draft approval
for the necessary security, for all monies to:
• appraise the value of the property,
• purchase the lands, including cost of
expropriation,
• road construction costs,
• administration and any other costs deemed necessary
by the Directors of Public Works or Planning and
Development.
Public Works Staff further advised that at such time that the
above -noted road connection issue has been resolved, the
following conditions are applicable. That a minimum of two
accesses be provided for this development. One of the two
accesses should be Longworth Avenue. In addition to the
typical servicing and design requirements of the Public Works
Department, the applicant is responsible for constructing the
storm drainage works necessary for this plan in accordance
with the West Branch of the Soper Creek Master Drainage Study,
dated May 1991, prepared by Marshall Macklin Monaghan and as
finally approved by the Director of Public Works. The
applicant's engineer will be responsible for the preparation
of a Stormwater Management Implementation Report to the
satisfaction of the Director of Public Works. The applicant
shall be responsible for reimbursing the Municipality for the
cost of oversizing the stormwater management works as well as
other requirements as noted in the conditions of draft
approval.
520
...7
REPORT NO.: PD -12 -94 PAGE 7
8.3 The Municipality's Community Services Department advised they
have no objection to the application as filed subject to Block
174 being accepted as parkland dedication, the Longworth
Avenue frontage and services being in place prior to the
issuance of the 51st percentile of building permits and that
a 1.8 metre high chain link fence be constructed along the
east property line of the proposed park.
8.4 The Fire Department has advised that the site falls within the
response area of station No. 1. Access routes to the site are
all based on future proposals. Concern is therefore expressed
that access to the site for fire fighting purposes is not
adequately provided based on this site alone. It was further
advised that no building permits be issued until all access
routes and water supply have been made available.
8.5 Ministry of Natural Resources have advised they have no
objection to the proposed rezoning application. A second
correspondence provided no objection to the proposed plan of
subdivision subject to a number of conditions. The conditions
included among other matters final reports to be submitted by
the applicant and approved by the Ministry dealing with
stormwater flow from the site; anticipated impact of the
development on water quality; and erosion and sedimentation
control.
8.6 The Central Lake Ontario Conservation Authority Staff has
advised that the subject development is situated within the
study area of the West Soper Creek Tributary Master Drainage
Plan (MDP) . The MDP indicates that certain stormwater run -off
controls must be constructed in association with the
development of the subject lands. A stormwater detention pond
is proposed, immediately north of the C.P.R. lands, to control
the flows generated by the upstream development area. The
Conservation Authority Staff have no objection to the proposal
subject to the conditions noted above. ...8
� r� i
REPORT NO.: PD-12-94 PAGE 8
8.7 Regional Planning Staff advised the application conforms to
the Ministry approved Durham Region Official Plan. They
further advised that servicing for the site is dependant on
the development of the Schickedanz lands (18T- 87057) to the
south. A road widening on Regional Road No. 14 (Liberty
Street) of 5.18 metres is required as opposed to the 4.572
metre widening shown. In addition, Regional Works requires a
traffic study be prepared for their review and approval.
9 STAFF COMMENTS
9.1 In the review of the proposed Plan of Subdivision, Staff is
concerned with the lack of adequate road access for this 296
unit subdivision. Currently, the only available access is
through Swindells Street which connects to the Melody Homes
Subdivision to the north. This single road access is
considered inadequate. As a result, appropriate conditions of
approval are imposed to:
a) require the applicant to acquire land from the abutting
property owner to the west (Brooking Transport) to extend
and connect Longsworth Ave. to Liberty Street. In the
event the applicant fails to acquire the land and the
Directors of Public Works and Planning and Development
are satisfied that the applicant has made his best
effort, the Municipality will then proceed to expropriate
part of Brooking Transport land for the purpose of
connecting Longsworth Ave. subject to conditions as
stated in paragraph 8.2 of this Report; and
b) In the event Longsworth Ave. connection to Liberty Street
is not provided for prior to registration of the plan of
subdivision and that there is no secondary road access
other than Swindells Street , then the number of building
permits will be restricted to a maximum of 50 dwelling
units.
...9
REPORT •D •4 PAGE •
9.6 Staff have also identified some design and lotting concerns
which will require red -line revisions. Revisions to the
application will relocate the on- street townhouses located on
Swindells Street, which is to serve as a minor collector
function, to the east side of street "Ell. This results in the
reduction of one lot and a slight adjustment to the
distribution to dwelling types of 82 single family lots, 74
(148 units) semi /linked lots, and 66 on street townhouse lots.
9.7 The subdivision has been designed with large lot singles
abutting the existing single family homes on Liberty Street.
As well, singles are proposed to front on Longworth Avenue the
major collector road. The convenience commercial block, would
be zoned with a Holding (H) prefix which would only be removed
after the completion of a site plan agreement.
10 CONCLUSION
10.1 In consideration of the above noted comments Staff would
recommend approval of the application for proposed Plan of
Subdivision (18T- 90036) to permit the development of a total
296 units. As well, staff would recommend approval of the
attached zoning by -law amendment, subject to the removal of
the holding symbol at such time as the appropriate subdivision
and site plan agreements have been executed.
Respectfully submitted,
Jr a �J_,
Franklin Wu, M.C.I.P.
Director of Planning
and Development
Recommended for presentation
to the Committee
Ma5r11_e Marano, Acting
Chief Administrative
Officer
CP *FW *cc
Attachment #1 - Conditions of Draft Approval
Attachment #2 - Proposed Zoning By -law Amendment
27 January 1994 ...10
JZ3
REPORT NO.: PD -12 -94 PAGE 10
Dwight Chizen
403 Sackville Street
TORONTO, Ontario
M4Y 1S6
G. M. Sernas and Associates Ltd.
110 Scotia Court
Unit 41
WHITBY, Ontario
L1N 8Y7
Mr Michael Puk
273 Liberty Street North
BOWMANVILLE, Ontario
L1C 3Y6
X24
Sylvia Brownell
261 Liberty Street North
BOWMANVILLE, Ontario
L1C 3Y6
Mr. and Mrs. Gough
79 Clayton Crescent
BOWMANVILLE, Ontario
LIC 2N9
Brooking Transport Ltd.
281 Liberty Street North
BOWMANVILLE, Ontario
L1C 3Y6
�., „, �
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T -90036 prepared by G. M. Sernas
& Associates Ltd. dated revised June 1993 and further revised in red as per the attached
plan) showing 82 lots for single family detached dwellings, 74 lots (148 units) for
semi - detached or linked dwellings, Blocks 156 to 167 (66 units) for on- street townhouses,
Block 174 for park, Block 175 for Convenience Commercial, and various blocks for reserve,
road widening, site triangle etc.
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 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.
......2
J�5
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REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONTU
6. 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.
7. The applicant will make every effort to acquire the lands between Regional Road 14
(Liberty Street) and the west connection of Longworth Ave. All written communication
between the applicant and the abutting property owner should be copied to the Director of
Public Works and the Director of Planning and Development for their information.
Should the Director of Public Works and the Director of Planning and Development be
satisfied that the applicant has made all reasonable efforts to acquire these lands and is
unable to obtain the required lands for the above noted connection works, this Municipality
will then consider "expropriation ".
The applicant would be responsible through the conditions of draft approval for the
necessary security (in the forms of unconditional and irrevocable Letters of Credit), for all
monies to: (a) appraise the value of the property; (b) purchase of lands, including costs
of expropriation; (c) road construction costs; and (d) administration and any other costs
as deemed necessary by the Director of Public Works and the Director of Planning and
Development.
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.
9. That all easements, road widening, and reserves as required by the Municipality shall be
granted to the Municipality free and clear of all encumbrances.
IK
126
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10. That the Owner shall dedicate Block 174 for park purposes and further agrees to provide
for a 1.8 m high chain link fence at the east limits of the site in accordance to the park Site
Master Plan at no cost to the municipality. No building permit, above and beyond fifty one
percent (51 %) of the entire subdivision, will be issued by the Municipality until the
Longworth Ave. frontage and services abutting the park are completed to the satisfaction
of the Director of Community Services.
11. That the Owner shall pay to the Municipality, development charges in accordance with the
Development Charge By -law, as amended from time to time, as well as payment of
applicable front end charges pursuant to the Development Charge Act, if any are required
to be paid by the owner.
12. That the Owner shall provide and install sidewalks, street lights, temporary turning circles
etc. as per the Municipality's standards and criteria.
13. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be
buried underground.
14. That the Owner shall provide the Municipality, at the time of execution of the subdivision
agreement, 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.
15. That prior to the issuance of building permits, the Owner shall retain an architect to
prepare and submit an Architectural Control Plan to the Director of Planning and
Development. The architect shall further certify that the said Plan has achieved the
objectives of providing: a variety of housing style; attractive streetscape treatment; harmony
of colour, style and exterior materials used, etc.
...4
2- 7
-4-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
16. 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 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.
17. That a minimum of two (2) accesses must be provided to the satisfaction of the Director
of Public Works for this development. One of the two accesses shall be Longworth Avenue.
At the time of registration, should the sole access to the subdivision be from the north, the
number of dwelling units available for construction shall be limited to a maximum of 50.
18. That the storm drainage works necessary for this plan of subdivision are constructed in
accordance with the West Branch of Soper Creek Master Drainage Study, dated May, 1991,
prepared by Marshall Macklin Monaghan and as finally approved by the Director of Public
Works.
19. That prior to the detailed engineering submission, the applicant's engineer prepares a
Stormwater Management Implementation Report that details all storm quantity and quality
control facilities, erosion protection measures, conveyance of storm drainage, both major
and minor systems from this site. In addition, the report should specify the location of the
storm connection to which existing storm sewer system the applicant proposes to connect.
This report shall be subject to the approval of the Director of Public Works.
20. That the applicant's engineer prepares the " Longworth Avenue engineering design" that
details the vertical and horizontal alignments to the satisfaction of the Director of Public
Works. The grading of this development should be based on the engineering design of this
road.
J��
....5
-5-
21. The applicant will provide a "staging plan" or any other necessary provisions that will control
the sequential development of this plan of subdivision to the satisfaction of the Director of
Public Works, said plan is to be incorporated in the Subdivision Agreement.
22. That in accordance with the subdivision agreement with Schickedanz Brothers Limited (18T-
87033), the applicant being a benefitting property owner is required to reimburse the
Municipality for the cost of oversizing the stormwater management works and any other
works as deemed necessary by the Director of Public Works to service this Plan of
Subdivision. The applicant's cost are as defined in the above noted agreement and the West
Branch of the Soper Creek Cost Sharing Report, draft dated September 1991, prepared by
Marshall Macklin Monaghan and as finally approved by the Director of Public Works.
23. That the applicant is required to pay to the Municipality his share of the costs of the Soper
Creek Erosion Works. The costs will be included in the subdivision agreement.
24. That the applicant is responsible for the costs of all construction works (roads, sewers,
utilities, etc.) required for the connection of Longworth Avenue, Street "B" and Swindells
Street to the existing streets.
25. That the applicant will be responsible for all costs (including land acquisition; legal, survey,
etc.) associated with the intersection construction of Regional Road 14 and Longworth
Avenue. All necessary approvals associated with this intersection construction must be
obtained from the Region of Durham and submitted in writing to the Director of Public
Works.
26. That both sides of all internal streets be fully serviced (and stubs be provided for all future
streets) with water sanitary sewer, storm sewer, hydro, telephone and cable television for
any future lots which may front onto any internal streets.
5�9
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONTU
27. That 4.5 m X 4.5 m sight triangles be indicated at all "local street" corners.
28. That temporary turning circles be provided at the terminus of Longworth Avenue, Streets
G, F and B. Any lots adjacent to the temporary turning circles should be frozen and
building permits withheld until such time as the roadway is extended and development
proceeds beyond the limits of this development. The following lots should be held from
development at this time to facilitate the temporary turning circles and appropriate
maintenance concerns: Lots 13 to 19, 21 to 23, 140 to 142, 145 and 146.
29. That prior to the issuance of the building permits for the above noted lots, the applicant
bears the costs of the removal of the existing temporary turning circles at the above noted
streets and completes the temporary turning circles to an urban road standard, including
asphalt paving, curb and gutter, sodding of boulevards, sidewalks, street lighting and street
trees.
30. That the applicant assumes all costs for provision, installation and location of Community
Mailboxes to service this subdivision, in a manner satisfactory to the Director of Public
Works.
31. That a copy of the Registered Plan be provided to the Municipality on disk compatible for
CAD system.
32. That all the conditions of the Central Lake Ontario Conservation Authority be satisfied,
financially and otherwise.
32. That all the conditions of the Ministry of Natural Resources be satisfied, financially and
otherwise.
�30
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 94-
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 proposed red -line revisions to draft Plan of Subdivision 18T-
90036.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to amend By -law 84 -63, as amended, of the Corporation of the Municipality of Clarington to
implement the red -line revised 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)"
"Agricultural (A)" to "Urban Residential Type Two - Holding ((H)R2)"
"Agricultural (A)" to "Urban Residential Type Three - Holding ((H)R3)"
"Agricultural (A)" to "Neighbourhood Commercial - Holding ((H)C2)"
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
BY -LAW read a second time this
day of 1994.
day of 1994.
BY -LAW read a third time and finally passed this day of
533
1994.
MAYOR
CLERK
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.� 18 March, 1994.
ZEN ESTATEES t. ('O,
403 SACKVILLE c,TIl HT
TORONTO, ONT, WX 156
960.2339 - FAX; 463 -,1,:1; 550
The Corp. of the Municipality of Clarington,
ofe'Vw,(tment of Planning and development,
4f) 'rsmperance Street,
Bt.�.�ntanvi l la, Ontario,
LTC IA6
hfi't' o Mr. Drank Wu
deRt Sir,
my planner forwarded a facsimile copy of your report dated 8
Mar_ )) 1954 to me today and I want to clarify a number of p6i.nts
to dt. by you as there are obviously seriove misundarstandirju*
ycyur- statement that I had not approached Brooking Transport
duv,tng the past two years and that I had last aicatio e'd t�lem
aYy(.Ii;�. 4 or 5 years ago is incorrect. My
gro3 ,,Ring TranQPOrt includes the fol lowing i
1, I met with them in the fall of 1989 and again in 1391... They
were qui.ta clear at that time that they were not inteelpoted
in either selling or developing their property, but'wduld
contact me if their mindq changed.
2. Since 1991, I have asked two realtors from Oshawa Ahd
Bowmanville area firms to sEe if Brooking Tranapor� hA4d
Changed their position. One realtor reported to me hint
Brooking wen not interested, and the other that they Oer,e
interested at a price of two million. As they own theee
Acres, this seemed either unreasonable or uninterest.ecl•
3., in November 1993, my planner Nick Mensink approached
Brooking with my offer of froa planning services for t'he
draft plan application. They retuned the offer to 'A.n !.Kt in
developing their property, and stated that they were 00t
,interested in selling but were running their businb9n.
I ritol that I have made an honest effort to determine that
Br:�)o' -ctng Transport was not being offered for sale and was rlrt
Jnt:,,c,reated in developing their land.
I an an architect and custom builder, as such I am a busindsstman.
I r,,.;�pect the position of Brooking Transport and the dii•fi. �altietr
t yr y face in bucinesa. When they' tell me that they are', tr#ark.lrtg
al, tho it business and don't want to be distracted by this
do, %sr.lnpmont, I respect 'that. The town staff may expect We t.o be
0r1Rr•os,ive towards Brooking Transport, but I must abide by
81-0o 'king needs and their own plank • Brooking Transport hra x not
ob fe- �.t.ed to my development, or tha tact that Longuorth will.•
pomeday pass through thair
they
w+
tc,' act n s
g
.l forcing them to
N
I mot with you, Mr. Wu, and Mr. Mensink, at your office in the
fall of 1993 to dioauss a number of conditions your staff had
made in an earlier report.. Most of those items were re0olved as
t.herQ was never a reason for staff's objection. The cehtrsl
ionon of our meeting was the report condition that I had to
provide tho road opening on Longworth to Liberty Street eyon
t;h,ogh it Jo not my property. At that time I told you that i f
you maintained the condition it would only serve to raise the
volqu of the land beyond its value as residential house logo, and
I would not be able to purchase the land under a normal market
condition. I Basked you to make only the normal conditions of
ac.cPan provided for in the Planning Act as there would exist
aco4R3 from the south, north, and if necessary from Liberty
fil.net: through my existing road accoss.
5u1-anquently, I met with Mr. Tony Cannella from the town and Mr.
Mroyt nk to further discuss the access issue. While I was
oyp sting that the issue would be measured on planning principlev
of traffic density and distance, sand that some discusoian eoold
develop the potential of -using my existing access to Liberty
Proat,, Mrs Oannolla iht,t'odUPPd W Pxpropriation schema as the
only method available to my development should I not be'abl* to
acquire the Longworth linkage. I did not think that this woo a
ro4onable action to take.
After the General Purpose and Adm Kimtration Committee tobled my
application, I telephoned you on $ February 1994 to dianvoc your
plAoing a new condition of a limit of 50 lots on the development.
My concern wan that thin condition would make it financially
Impossible to develop a first stage. I understood that yop were
gctnq to make a meeting between myself, yourself and Mr. Evans to
d .Goons access alternatives to Longworth. This meeting was to
Wk place after you met with Brooking Transport. I am not clear
se Q why this meeting to oeok an Alternative to expropriating
Smoking Transport did not take place.
In your paragraph 20 you make a political comment on the
plu"O ng issue comparing my development to the problems you have
esi.ac fenced on Glenabbey Drive in Courtice. I do not bolteve
that it to correct to expect the *am* problem to arise here,
appenially ass we are able to design around the problem. A knock
dawn emergency barricade can be placed on Swindel to restrict all
best emergency vehicles if Freeland residents complain of
exaRns ive traffic; this would move traffic south to Meadowvltw.
I bave a road allowance sized access to Liverty Street which can
be t, sod am a temporary access until Longworth is developed.
Clearly the issue is not whether we can provide proper platsntng
and traffic flows to serve the community; we can. The i,cn"v is
whekber my development should be limited to 50 lots until
I.c,r:c,{worth can be devalolsed. The $0 lot limit is too smoll to
oi'Kat the high start up costs in engineering, servicing and
I'1 F-1 f• ' — 1 �: — '�+ �- f= 1 <: 1 1 L. d_t i -. 1 • I Fi 1 L– 1 L' t_i t L L' t i a
3
gra,lt,ng. What you are really saying in that the effective limit
iq sera lots. This is not workable.
'e'
pavelopment of neighbourhoods such as this one are never
rtnoompoliahed in one proposal. 9ach party involved hag their own
t.,tmet•.able for marketing, servicing and finance. There is no need
to force me to open Longworth as'long as I can meet normal
p1.onn ing criteria. bongwo_rth will be opened as d natural,
proycession of the market forces. The Brookings will meek to
trove to a better location as their business prospers. Xf it does
not prosper, then they will well or develop to realize their
potential. I will not be able to develop my north-west vl t.n of
Pt;out 45 lots until Brooking decidea to relocate due to the
ir7t.errgrated grading between theit site and mine. Therof'one I
81so have a desire to see Brooking Transport move and Lett` gvprth
opened. I can better facilitate this goal if you do not #Inca
onorous restrictiono on my development. I envision that this
will occur before the parcel east of trine is developed and long
More the region will seek to ektand Longworth east of Mysens
�1t!6!i�ue.
I wish to see my development proceed to council with only the
stjodard planning conditions of access and egress, not a limit on
Qvo lopment, and not any special conditions towards developtng
honiworth. Longworth ought to by opened by the owner of the
Brooking Transport land. It is toot ethical to attempt to force
out the Brookings since the town'hate already lost that battle
ooce at the ONO. While opening bongworth is a Concern for the
town, it is more a long time frame regional .issue which will
cl<cur naturally* It would be moot unfair to place the onto of
pvoviding Longworth on my shouldgrs as it is not my land to gi.vee
a :-d it does not improve my development.
Anaprelyr
copiea to members of council,
Brooking Transport,
Ronald J. Kitchen.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
To: Marie Knight, Deputy Clerk
Front: Carlo Pellarin, Planner, Development Review Branch
Date: 24 March 1994
Subject: REVISED CONDITION OF DRAFT APPROVAL
PART LOT 10, CONCESSION 2, BOWMANVILLE
18T -90036 - CHIZEN
Please find attached a copy of the revised conditions
of draft approval for 18T- 90036. The revisions
incorporate the recommendations approved by G.P.A. on
Monday March 21, 1994.
Carlo
THE CORPORATION OF THE TOWN OF NEWCASTLE
Memorandum
To: FRANK WU, DIRECTOR, PLANNING AND DEVELOPMENT
From: MARIE P. KNIGHT, DEPUTY CLERK
Date: FEBRUARY 15, 1994
Subject: REZONING APPLICATION — DWIGHT CHIZEN IN TRUST — PART
LOT 10, CONCESSION 21 FORMER TOWN OF BOWMANVILLE
OUR FILE: D14.DEV.90.074
At a meeting held on February 14, 1994, the Council of
the Municipality of Clarington approved Recommendation
#GPA- 46 -94:
"THAT Report PD -12 -94 be tabled to allow staff to
liaise with Brooking Transport."
Mar e P. ight
MPK /lb