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
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