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HomeMy WebLinkAboutPD-71-95THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: DEV95007.GPA REPORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File #-1-2 Date: Monday, July 10, 1995 Report #: PD-71-95 File #: DEV 95 -007 Res. # C­)i 2 L By -law #, Subject: REZONING APPLICATION - SCHICREDANZ BROS. EAST SIDE OF MEARNS AVE., NORTH OF CANADIAN PACIFIC RAILWAY, BOWMANVILLE FILE: DEV 95 -007 (X -REF: 18T95005) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -71 -95 be received; 2. THAT application to amend the Comprehensive Zoning By -law 84- 63, as amended, of the former Town of Newcastle, submitted by G.M. Sernas on behalf of the Schickedanz Bros, be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 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: G.M. Sernas 1.2 Owner: Schickedanz Bros 1.3 Rezoning: From Agriculture and Environmental Protection to various zones to permit the development of 36 semi - detached units and 54 Townhouse units for a total of 90 residential units. 1.4 Area: 7.5 hectares 2. LOCATION 2.1 The subject lands are located within Lot 8 Concession 2 of the former Town of Bowmanville. They are situated directly east of Mearns Ave., and north of the Canadian Pacific railway ....2 518 REPORT NO. PD -71 -95 PAGE 2 tracks. The land holdings include the existing storm water pond which was built to accommodate growth north and west of these lands. 3 BACKGROUND 3.1 On February 28, 1995, the Planning department received an application to rezone the subject lands. In association with this application, a subdivision application was received by the Region and was circulated to us for comment on March 10, 1995. 3.2 Upon receipt of the application, Staff requested that the plan of subdivision be revised, or a local Official Plan amendment application be submitted as the density proposed was above that permitted in the Local Official Plan. Subsequently, the plan being reviewed today is a resubmission. 4 EXISTING AND SURROUNDING USES 4.1 Existing Uses: storm water pond and vacant fields with a watercourse bisecting the property 4.2 Surrounding Uses: East - Soper Creek and vacant fields West - an approved medium density development comprised of 85 residential units South - Canadian Pacific Railway and vacant land North - vacant land 5 OFFICIAL PLAN POLICIES 5.1 Within the Official Plan of the former Town of Newcastle, the lands have the following designations; Low Density Residential and Hazard Lands. The Hazard Land designation surrounds and includes the watercourses. Hazard Lands shall primarily be used for the preservation and conservation of the environment, ....3 X19 REPORT NO. PD -71 -95 PAGE 3 and shall be managed in such a fashion as to complement adjacent land uses and protect the natural features from any physical hazards and their effects. As such, only structures required for flood or erosion control shall be permitted within a Hazard Land designation. The limits of the Hazard Land are defined by the Environmental Protection zone within the Municipality's Comprehensive Zoning By -law. 5.2 Lands designated Low Density Residential shall develop residentially and shall not exceed a density of 30 units per net residential hectare. The net residential density of this proposal is 29.9 units per net hectare. Although the proposed density meets the low density requirement, it exceeds the population allocation assigned to the undeveloped vacant land within Neighbourhood 2C where vacant land can be developed at a maximum density of about 16 units per gross ha of developable land. The subject site has 4.8 gross hectares of developable area which will yield 78 units or a population of 234 persons. The applicant /owner has proposed 90 units, as such a number of units should be reduced in keeping with the population target of the Official Plan. 6 ZONING BY -LAW PROVISIONS 6.1 The subject lands are zoned Agricultural (A) and Environmental Protection (EP) . The Agriculturally zoned lands shall be used for predominantly farm and farm - related uses. The Environmental Protection Zone identifies those lands which are either sensitive or are hazardous to develop. The limits of the Environmental Protection zone are determined in consultation with the Conservation Authority. 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 ....4 REPORT NO. PD -71 -95 PAGE 4 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 have been no enquiries made. 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 8.2 Comments were received from the Municipality's Community Services Department. They state that in the future, a parkette will be required immediately north of this application. They also require that 5% cash -in -lieu of parkland be credited to the Park Reserve account. In addition, they asked that an additional 10 metre buffer be provided between the residential and the storm detention ponds in order to allow for an appropriate buffer and screening. They also require that a landscape plan be provided for the storm water detention areas which allows for these facilities to be maintenance free. Lastly, they require that a tree preservation plan be developed to their satisfaction. 8.3 Clarington Hydro Electric Commission requested that the applicant /owner contact the Commission in order to discuss the details of providing electricity to this site. 8.4 The Northumberland Clarington Board of Education requests that the development of the lands be staged in accordance with the availability of school accommodation as the existing schools are over capacity. They also require sidewalks on all the internal roads and on that portion of Mearns Avenue which is adjacent to these lands. ....5 5- 2 1 REPORT NO. PD -71 -95 PAGE 5 8.5 The Durham Region Planning Department have responded stating that the site is located in proximity to an Environmentally Sensitive Area. Section 2.3.17 of the Regional Plan states that an Environmental Impact Study may be. required for development applications located in proximity to environmentally sensitive areas. They are consulting with the Ministry of Natural Resources and the Central Lake Ontario Conservation Authority as to whether an environmental impact study will be required. 8.6 The Durham Region Works Department have stated that water is not presently available to the site and that a 300mm watermain will be required on Mearns Avenue to the northern boundary of the subject lands from an existing 200mm watermain located at Ireland Street. Water for fire fighting purposes will have to come from a different connection. 8.7 Comments have been received from the Central Lake Ontario Conservation Authority. They have concerns with the design of the subdivision and its impact on the functioning of the stormwater management facilities. In particular, Street B is partially situated within the detention pond. Concern has also been noted with the impact that will occur with the crossing of Longworth Avenue over blocks 30 and 31 with respect to storm water flows being conveyed and pond storage. They also require a tableland separation between residential lots /blocks and the stormwater management ponds. It was noted that site grading and building elevations should take into account that the minimum lowest opening elevation into the basement drain be higher than the maximum water elevation in the pond to prevent surcharging or back -up of water into basements. They have requested that a 10 metre minimum setback from the top -of -bank of the Soper Creek Valley be incorporated into the REPORT NO. PD -71 -95 PAGE 6 lotting arrangement of this plan since this creek valley has been classified as exhibiting the highest level of environmental sensitivity. The Soper creek Valley has also been identified by the Waterfront Regeneration Trust as one of the significant valley corridors connecting Lake Ontario Greenway with the Oak Ridges Moraine. We were reminded that Longworth is proposed to cross the Soper Creek Valley and that the road and lot arrangement of this plan will fix the location of the future crossing. However, the Longworth crossing is somewhat fixed in that Longworth is built west of Mearns and that there is not much space between Mearns and the creek valley to radically change the location of Longworth. Regardless, they suggest that proper assessment of the environmental and engineering considerations of the impact on the creek valley be conducted. 8.8 The Ministry of Culture, Tourism and Recreation have reviewed the application and note that the subject lands have a high potential for the discovery of archaeological remains. They recommend that an archaeological assessment should be completed prior to any earth disturbance. 8.9 Canada Post has also responded to this application stating that the applicant /owner provide copies of plans showing the location of the Community Mailbox. 8.10 Comments have yet to be received from the following agencies: Clarington Public Works, Central Lake Ontario Conservation Authority, Peterborough Victoria Northumberland & Clarington Separate School Board, Ministry of Natural Resources and Canadian Pacific Rail. 9 STAFF COMMENTS 9.1 The proposed subdivision consists of 36 semi - detached units and 54 townhouse units. Such housing mix is not in conformity with the Council's adopted Municipal Housing Statement which ....7 REPORT NO. PD -71 -95 PAGE 7 calls for the provision of a variety of housing types and mixes. As the proposed density is higher than the standards permissable under the Official Plan, the applicant should consider changing some of the townhouse units into 40 ft. lot singles. This would achieve a better housing mix and at the same time reducing the density. 9.2 Before Staff will take a report forward, the plan needs to be revised by reducing the number of units and complying with the commenting agencies concerns. 10 CONCLUSION 10.1 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. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P. W. H. Stockwel Director of Planning Chief Administrative and Development Officer HB *FW *cc Attachment #1 - Key map Attachment #2 - Proposed plan of subdivision June 26, 1995 Interested parties to be notified of Council and Committee's decision: Schickedanz Bros 3311 Bayview Ave., Suite 105 Willowdale, Ontario M2K 1G4 G.M.Sernas 110 Scotia Court Unit 41, Whitby, Ontario L1N 8Y7 ATTACHMENT #1 525 V v i U iu I I I T I I I OTHER IL A N D S OWN EDI B Y A P P L I C A N T I I P A R T 1 P L A N I 1 D R - 1 2 1 2 I 4Y � I ` l I � I 1 I PROPOsM p DRAFT PLAN FOR '- PART OF LOTS 7 & 8, CONC. 2 yI GEOCRAPMC TOWNSHIP OF DARLINGTON — --Nr NOW IN THE MUNICIPAUTY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM P A R T 1 P L A N I 1 D R - 1 2 1 2 I 4Y � I ` l I � I 1 I fA`OFNS(fY REAOIXML on MfL.tQ �s -¢uoml -1oR 1- R ¢- tL (t� trm /awn) xian Aan.au Oar uClaml -ton n - u cx�m. /+swl wmuw txtax �soL�ma aa. nar tvw.aia _ emn w - _ to oxn> TOTAL f AML UM1S ( wnI torAL usn Rtsmvu ooDl SPACE xooa MA1LR aAUm nnoc �„ tasxes RtYD MOETdNW ROADS O�ATw �tCOwwIXR/RL`ASIONS BY Tui t CR's commE WRVEVWS CERMSC -M SCHICKEDANZ EROS. MARSKAtL MACKUN LTD_ MONAGHAN U. UUIlM � 93IXORDAIQ' � roA,a..x ttREm� G.1o't..Seiias ua%o LONGWORT9 C000N rcao n, U. 94068 am® k. 6.t twn�o u. sux. t : tnoo DP -1 H C� H N yI ' fA`OFNS(fY REAOIXML on MfL.tQ �s -¢uoml -1oR 1- R ¢- tL (t� trm /awn) xian Aan.au Oar uClaml -ton n - u cx�m. /+swl wmuw txtax �soL�ma aa. nar tvw.aia _ emn w - _ to oxn> TOTAL f AML UM1S ( wnI torAL usn Rtsmvu ooDl SPACE xooa MA1LR aAUm nnoc �„ tasxes RtYD MOETdNW ROADS O�ATw �tCOwwIXR/RL`ASIONS BY Tui t CR's commE WRVEVWS CERMSC -M SCHICKEDANZ EROS. MARSKAtL MACKUN LTD_ MONAGHAN U. UUIlM � 93IXORDAIQ' � roA,a..x ttREm� G.1o't..Seiias ua%o LONGWORT9 C000N rcao n, U. 94068 am® k. 6.t twn�o u. sux. t : tnoo DP -1 H C� H N