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HomeMy WebLinkAboutPD-69-95DN: DEV95021.GTHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File # Date: Monday, July 10, 1995 Res. #'���'�" Report #: PD-69-95 File #: DEV 95 -021 By -law # Subject: REZONING APPLICATION - 821012 AND 821013 ONTARIO LTD. WEST SIDE OF REGIONAL ROAD 57, NORTH OF HIGHWAY #2, DARLINGTON FILE: DEV 95 -021 (X -REF: 18T95027, OPA 89- 125 /C) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -69 -95 be received; 2. THAT application to amend Comprehensive Zoning By -law WDM Consultants on behalf Limited, be referred back to the preparation of a subseq outstanding comments; and the former Town of Newcastle 84 -63, as amended, submitted by of 821012 and 821013 Ontario Staff for further processing and uent report upon receipt of all 3. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: WDM Consultants 1.2 Owner: 821012 and 821013 Ontario Limited 1.3 Rezoning: From Agricultural (A) and Environmental Protection (EP) to various zones to permit the development of 145 single detached units, 20 semi - detached units and 47 townhomes for a total of 212 units. In addition, several blocks are set aside for a school, park, stormwater facility and valleyland. 1.4 OPA: To expand the urban boundary of Bowmanville to allow for residential development 1.5 Area: 22.23 hectares 2 REPORT NO. PD-69-95 PAGE 2 2. LOCATION 2.1 The subject lands are located in Part of Lot 15, Concession 2, former Township of Darlington. More specifically, the lands are located west of Regional Road #57, just north of the Durham Region Police Station and the Garnet B. Rickard Recreational Complex. 3 BACKGROUND 3.1 On March 27, 1995, Staff received an application to amend the Zoning By -law to permit this residential development. The associated subdivision application was submitted to the Region of Durham on March 27, 1995 and received by the Municipality on April 4, 1995. The Official Plan Amendment application was made in 1989 to allow for residential development of the lands. Durham Region dealt with this application through its review and approval of its Official Plan. 4 EXISTING AND SURR 4.1 Existing Uses: 4.2 Surrounding Uses: East - West - South - North - OUNDING USES vacant and is bisected by a watercourse existing residential development agricultural Durham Region Police Department and Garnet B. Rickard Recreational Complex agriculture and rural residential 5 OFFICIAL PLAN POLICIES 5.1 The Official Plan for the former Town of Newcastle does not cover the subject lands, therefore reference must be made to the Durham Region Official Plan (1991). Within the Regional Official Plan, the lands are designated Living Area. Lands so designated shall be for predominantly residential purposes. 5.2 The applicant has made application to amend the local Official Plan to include the subject lands within the urban area of ....3 502 REPORT NO. PD -69 -95 PAGE 3 Bowmanville. Until such time as the lands are included within the urban area either by amendment to the local Official Plan or by inclusion in the new Clarington Official Plan, rezoning and subdivision approval cannot proceed. 6 ZONING BY -LAW PROVISIONS 6.1 The subject lands are zoned Agricultural (A) and Environmental Protection (EP) . Agriculturally zoned lands shall be for farm and farm related uses. Lands which have been zoned as Environmental Protection shall be used for conservation purposes. Generally these lands possess hazards which may have development constraints. 7 PUBLIC MEETING AND SUBMISSION 7.1 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 within the prescribed distance. 7.2 At the time of writing this report, there has been no enquiries made with respect to this application. 8 AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments/ agencies in providing comments, offered no objection to the application as filed: Municipality of Clarington Fire Department Ontario Hydro 8.2 Comments have been received from the Municipality of Clarington Community Services Department. They state that the application has not been included in the current 10 year Development Charges By -law and for this reason is premature. J�J3 ....4 REPORT NO. PD -69 -95 PAGE 4 This issue will be further reviewed by the Municipality through its current review of the Development Charges. Other site specific issues include the following: • that the municipality close the unopened road allowance (Stevens Road) by by -law and dedicate the land for park purposes • that the approximately 3 hectares of plateau land lying immediately north of the Stevens Road allowance be dedicated or purchased for a community park. • that block 191 being the storm water facility, and blocks 192 and 193 being the valley land, and that portion of Street B road allowance which crosses the valley all be received gratuitously as open space • that a satisfactory landscape plan is developed for the storm detention facility • that all open space lands are transferred in a satisfactory state free from disturbance, erosion and dead or dangerous trees. 8.3 Canada Post Corporation stated that they require a copy of the plan to include the preferred community mailbox location(s). 8.4 The Northumberland - Clarington Board of Education has responded to Staff's circulation and they have requested that the following condition be included within the subdivision agreement: "The development of the subject lands shall be staged in accordance with availability of satisfactory school accommodation. Development and hence student yield will be carefully monitored to establish if action is required." The Board also requires that sidewalks on all interior and adjacent exterior roads be provided. 510 ....5 REPORT NO. PD -69 -95 PAGE 5 8.4 Comments remain outstanding from: Clarington Public Works Department Central Lake Ontario Conservation Authority Peterborough, Victoria, Clarington Separate School Board Durham Region Planning Department Durham Region Works Department Ministry of Natural Resources 9 STAFF COMMENTS There are a number of issues which require resolution prior to Staff being able to forward a recommendation report. As the lands are not within the current urban boundary then either the existing official plan will have to be amended or the applicant will have to await for the adoption of the Clarington Official Plan. With respect to conformity to the current draft official plan, the proposed plan of subdivision has not been prepared in conformity to this draft plan in that a community park has not been provided, and the medium density block and school block would require relocation within the plan of subdivision. Also, Staff have yet to receive comments from all interested agencies and the comments which have been received to date require further investigation by the applicant /owner. 10 CONCLUSION The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and subsequent report upon resolution of the above issues and receipt of all outstanding comments and required revisions. t5)0 5 ....6 REPORT NO. PD -69 -95 PAGE 6 Respectfully submitted, Reviewed by, r a � Franklin Wu, M.C.I.P. W. H. Stockwell Director of Planning Chief Administrative and Development Officer HB *FW *cc Attachment # 1 - Key Map Attachment # 2 - Proposed Plan of Subdivision June 21, 1995 Interested parties to be notified of Council and Committee's decision: 821012 Ontario Limited WDM Consultants 821013 Ontario Limited 20 Clematis Road 650 King St. E., Suite 215 Willowdale, Ont. M2J 4X2 Oshawa, Ontario L1H 1G5 am ATTACHMENT #1 LOT 16 LOT 15 LOT 14 BOWMMVULLE DEV. 95 -021 KEY HQp 18T -95027 OPA 89 -125/C w z 0 V) CIO w U z 0 U U z 0 U N H z---------------------------------- - - - - -_ _ 1 w - LD j� _ __ ______ __ _ _ __ 1 1 - - -_- t % _ - - -_ �--_- 1 1 a 143 z I o KEY 1 •. wllfif 1 u T F s •{ ( � us OLK Lft � I ( _ PLAN �I+ • [,',�, I I AND USE SCHEDULE ICAU IN us O 1 / roopom Li[ LoT•ax No. ar le. OF I llrA 133 149 '34 11 �1 lat E R I Ii.p iii�is• 1 • •i is .. r tWl•.[T.00 . {•.a.M•ll a. 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