HomeMy WebLinkAboutPD-39-94THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Subject: PROPOSED PLAN OF CONDOMINIUM AND REZONING APPLICATION
APPLICANT: 824060 ONTARIO LTD (MELODY HOMES)
PART LOT 9, CONCESSION 2, FORMER TOWN OF BOWMANVII,LE
FILE: DEV 93 -025 (18CDM- 93005)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -39 -94 be received;
2. THAT the proposed Plan of Condominium 18CDM -93005 revised and
dated December 18, 1993, be Approved subject to the applicant
entering into an agreement with the Municipality to satisfy
the requirements of the Municipality financially or otherwise;
3. THAT application DEV 93 -025 to amend the Comprehensive Zoning
By -law 84 -63, as amended, of the former Town of Newcastle
submitted by Valdor Engineering Inc. on behalf of 824060
Ontario Ltd. (Melody Homes) to permit an 85 unit condominium
proposal be Approved;
4. THAT the amending by -law attached hereto be forwarded to
Council for approval;
5. THAT the "H" - Holding symbol in the amending by -law will not
be removed until such time the applicant has entered into a
site plan agreement with the Municipality;
6. THAT a copy of this report and the amending by -law be
forwarded to the Region of Durham Planning Department; and
7. THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: 824060 Ontario Ltd. (Melody Homes)
1.2 Agent: Valdor Engineering Inc.
1.3 Rezoning Application:
from "Agricultural Exception (A -9)" zone to an
appropriate zone to permit the development of four (4) 3-
storey buildings containing 85 townhouse units with a
recreation centre. .... 2
J�D
PAPELRD ECYI-E
nit[ i[ PRI— RECYCLED PAPER
REPORT NO.: PD -39 -94 PAGE 2
1.4 Condominium Application:
to permit the 85 unit townhouse project to be approved as
a condominium development.
1.5 Land Area: 2.37 ha (5.85 acres)
2. LOCATION
2.1 The subject property is located in Part Lot 9, Concession 2,
former Town of Bowmanville. The property is municipally known
as 500 Mearns Avenue. As identified on Attachment No. 1
hereto, the lands have 161 metres of frontage on the west side
of Mearns Avenue and are located north of the C.P.R. line and
south of Freeland Ave.
3. BACKGROUND
3.1 The subject rezoning and
the Municipality of C
Department on July 20,
from Regional Planning
application for Plan of
site plan application was received by
larington Planning and Development
1993. In September, correspondence
Staff was received advising of an
Condominium (18CDM- 93005) .
3.2 The residential development is proposed to front on the future
extension of Longworth Ave, located at the south limits of the
property. The four (4) 3- storey buildings will contain a
minimum of 12 units to a maximum of 25 units. All units are
proposed to have individual, at grade entrances plus a balcony
at unit level. The proponent, with the assistance of
C.L.O.C.A. and planning staff, identified the top -of -bank
associated with the watercourse. This area is clearly
identified on the submission and the applicant is proposing to
dedicate said lands to the Municipality free and clear of all
encumbrances.
3.3 The developer is not proposing to construct Longworth Avenue
at this time, but rather dedicate the required portion of the
....3
REPORT NO.: PD -39 -94 PAGE 3
future road allowance and pay the associated road construction
cost only. The development is to be serviced by a temporary
access on Mearns Avenue.
4 EXISTING AND SURROUNDING USES
4.1 The existing site is currently vacant with a single family
dwelling having been recently demolished.
4.2 Surrounding land uses are as follows:
South: vacant land and the C.P.R. line.
East: vacant land and the Soper Creek.
North: vacant lands subject to draft approved
development applications and residential
development associated with 40M -1714 and 40M-
1723.
West: vacant lands subject to development
applications.
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. In addition the appropriate notice was mailed to each
landowner and tenant within the 120 metre prescribed distance.
5.2 No letters of objection or concern with regards to the
applications have been received, although Staff did address
some counter enquiries with respect to the applications.
6 OFFICIAL PLAN POLICIES
6.1 Within the 1991 Durham Regional Official Plan, as approved by
the Minister of Municipal Affairs, the subject lands are
designated "Living Area". The policies allow for a variety of
housing types and styles to be provided for. The application
would appear to conform. .... 4
REPORT NO.: PD -39 -94 PAGE 4
6.2 Within the Official Plan of the former Town of Newcastle the
subject lands are located in neighbourhood 112C" of the
Bowmanville Major Urban Area. The lands appear to be
designated "Medium" density residential with a "Hazard Land"
indication on the lands associated with the watercourse. The
medium density designation permits development to achieve a
density range between 30 and 55 units per net residential
hectare. The applicant is proposing a density of 43 units per
net ha.
The Hazard Land policies indication shall be primarily for the
preservation and conservation of the natural land and /or
environment. The extent and exact location of the Hazard
Lands shall be identified in the zoning by -law in accordance
with detailed floodline, soil and contour mapping in
consultation with C.L.O.C.A. The application does not propose
any development in the hazard land area, although there will
be a private driveway crossing the watercourse. The creek and
associated buffer lands are currently recognized within the
Municipality's Comprehensive zoning By -law in the
"Environmental Protection (EP)" zone.
The subject zoning by -law amendment does not propose to rezone
any part of the "EP" lands, however, should this application
be approved the zone schedule may be adjusted to more
accurately reflect the limits of the hazard land area as
determined by the Conservation Authority.
7 ZONING
7.1 The current zoning on the subject property is "Agricultural
Exception (A -9)" and "Environmental Protection (EP)". Said
zones would not permit the development of the 85 unit
townhouse condominium proposed, hence the application for
rezoning.
....5
X18
REPORT NO.: PD -39 -94 PAGE 5
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 commenting agencies
had no objection to the application as revised and proposed
for approval: Regional Works Department, the Central Lake
Ontario Conservation Authority, the Separate School Board,
Bell Canada.
8.2 Comments from the Fire Department advised that the temporary
access is acceptable subject to conditions. Spatial
separation between buildings and fire access must conform with
the Ontario Building Code. It was further recommended that an
'emergency' access be provide to the south portion of the
development until such time the permanent egress is
established. The temporary access should be used as the
'emergency' access at such time the permanent access to
Longworth Avenue is established. Revisions to the proposal
have addressed these comments.
8.3 The Community Services Department has reviewed the revised
proposal and has no objection to the application in principle
subject to conditions of approval. The Municipality will
require a working easement across the applicants lands in
order to access both sides of the open space block (Part 2).
The open space block (Part 2) is to be dedicated gratuitously
to the Municipality after the completion of all bank
stabilization, removal of dead or dangerous trees and general
clean up. The park land dedication requirement shall be
accepted as cash -in -lieu of land on the basis of one hectare
per 300 dwelling units. Furthermore, the applicant must
provide satisfactory wording for an easement, in favour of the
condominium, over the open space block (Part 2), relieving the
Municipality of all liability associated with the driveway
spanning the open space block. .... 6
REPORT NO.: PD -39 -94 PAGE 6
8.4 The Public Works Department required a Front End Agreement
between Eiram Development Corporation (18T- 89041) and the
Municipality to deal with oversizing of services which
benefits this development prior to any approval being provided
for this application. In this regard the applicant provided
confirmation that the two developments are under the same
ownership and Eiram will not seek reimbursement form the
Municipality for the associated oversizing. Other conditions
of the Public Works Department included dedication of a 3.048
m road widening on Mearns Avenue, dedication of a 13.0 m
widening for the future Longworth Avenue along with payment
for 50% of the total cost of constructing said road. The
applicant is required to prepare grading and drainage plans
for the site, make a contribution towards the Soper Creek
Erosion Works, and comply with numerous other standard design
criteria.
8.5 The Public School Board had no objection to the proposal.
However, it requested a statement to be included in all
purchase and /or rental agreements advising that school bus
transportation will not be provided from within the complex.
Should busing be necessary, students will be required to
access transportation at a nearby bus stop.
8.6 Clarington Hydro Electric Commission advised that there appear
to be existing distribution lines and poles located at the
proposed entrances, relocation of these facilities will be
required at the developer's expense.
8.7 Ministry of Natural Resources has provided comments advising
that the development site is traversed by a tributary of the
Soper Creek which is a coldwater fisheries resources. Natural
Resources Staff note the proposal appears to be providing
adequate protection along both banks of this stream and the
....7
REPORT NO.: PD -39 -94
PAGE 7
Ministry would have no objection to the proposal provided
appropriate stormwater management techniques and erosion and
control measures are employed on the site both during and
after construction. Ministry Staff have recommended several
conditions of approval which are to be incorporated in the
Site Plan Agreement.
8.8 Ministry of culture, Tourism and Recreation have reviewed the
application for impacts to cultural heritage resources. Their
initial review concluded that archaeological assessment of the
lands south of the watercourse be carried out prior to any
further disturbance of the lands. An assessment undertaken by
a consultant licensed pursuant to the Ontario Heritage Act was
reviewed by the Ministry and its recommendations considered
acceptable.
8.9 Regional Planning Staff have reviewed the submission and
determined the application to be in conformity with both the
Regional and Local Official Plans. Furthermore, Regional
Planning Staff have reviewed a noise study submitted in
support of the development and advise it is in compliance with
Ministry of the Environment and Energy policies.
9 STAFF COMMENTS
9.1 The applicant is proposing to develop the subject lands as a
condominium for a total of 85 stacked townhouse units. The
proposed development would appear to be in conformity with
both the regional and local official plan.
9.2 The subject applications are proposing to implement the medium
density designation contained within the Municipality's
Official Plan. The proposal is located at the intersection of
two future, regionally designated, arterial roads and a short
distance from future school and park facilities. Furthermore,
....8
REPORT NO.: PD -39 -94 PAGE 8
it is proposing a housing form consistent with the Municipal
Housing Statement of encouraging a variety of housing forms.
9.3 The site plan has been designed to take advantage of the
stream bank and environmental protection zoned, area. The
site will be developed with two parking spaces per unit, plus
four Nandi- capped parking spaces. The development will also
include a common recreation centre and amenity area, mail room
and garbage disposal area. In addition to the landscaping
suggested by the applicant's consultant, the proponent will be
required to construct a wooden privacy fence on the north and
west boundaries of the property, abutting other residential
lands.
9.4 The "Urban Residential Type Three (R3)" zone permits On- Street
or Link Townhouse Dwelling units. The application is
proposing to construct a stacked townhouse dwelling unit. The
application complies with all other aspects of the R3 zone
provisions, with the exception of the maximum height provision
of 10 metres. The amending by -law therefore is to permit a
stacked townhouse dwelling unit having a maximum height of 11
metres to allow for the steep roof lines of the proposed
units.
10 CONCLUSION
10.1 In consideration of the favourable comments received from the
various departments and agencies circulated and the staff
comments contained within this report, Staff would have no
objection to the proposed zoning by -law amendment being
approved, subject to removal of the "Holding (H)" symbol not
occurring until a site plan agreement has been executed.
....9
`I L
REPORT NO.: PD -39 -94 PAGE 9
Respectfully submitted,
Cj r kt,�
Franklin Wu, M.C.I.P.
Director of Planning
and Development
CP *FW *cc
*Attach
24 March 1994
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Attachment No. 1 Key Map
Attachment No. 2 Site Plan
Attachment No. 3 Proposed Zoning By -law Amendment
Interested parties to be notified of Council and Committee's
decision:
Valdor Engineering Inc.
1206 Centre Street
THORNHILL, Ontario L4J 3M9
824060 Ontario Limited
40 Bradwick Drive, Unit 22
CONCORD, Ontario L4K 1K4
ATTACHMENT #1
u ev. 93 -025
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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 of the former
Corporation of the Town of Newcastle.
WHEREAS the Council 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 proposed site
plan DEV 93 -025.
AND WHEREAS the Council of the Corporation of the Municipality of Clarington in
approving the application deems it appropriate to incorporate a Holding (H) symbol on said
lands which would be removed at such time that the provisions of Section 3.9 within the
Comprehensive Zoning By -law of the former Town of Newcastle have been satisfied.
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 Three (R3) Zone" is
hereby amended by adding thereto, the following new Special Exception 14.6.12 as follows:
"14.6.12 Urban Residential Exception (R3 -12) Zone
Notwithstanding Section 14.4, those lands zoned R3 -12 on the attached Schedule to
this By -law shall be used for stacked townhouse dwelling units subject to the
following zone regulations:
a) Building Height (maximum) 11 metres"
2. Schedule "3" to By -law 84 -63 as amended, is hereby further amended by changing the
zone designation from "Agricultural Exception (A -9)" to "Holding -Urban Residential Type
Three ((H)R3)" zone, as shown on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of this By -law.
4. 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 1994.
BY -LAW read a second time this day of 1994.
BY -LAW read a third time and finally passed this day of 1994.
MAYOR
CLERK
j2b
This is
Schedule "A" to By—law 4—
,
passed
this
day of
1994
A. D.
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