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Home My WebLink AboutPD-91-95DN: MnCHETTI.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 # L 12 I%c0 - cl '�; Date: Tuesday, September 5, 1995 Res. #6 P R- 4 2 q, 0�. Report #PD -91 -95 File #:DEV 95 -015 (X -REF: 18T- 95030) By -law # Subject: REZONING APPLICATION - MARCHETTI & DEMINICO PART LOT 9, CONCESSION 2, FORMER TOWN OF BOWMANVILLE NORTH OF APPLE BLOSSOM BLVD. FILE: DEV 95 -015 (X -REF: 18T- 95030) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -91 -95 be received; 2. THAT application to amend Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle, as amended, submitted by Tunney Planning Inc. on behalf of Marchetti & DeMinico be referred back to Staff for further processing. 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Marchetti & DeMinico 1.2 Agent: Tunney Planning Inc. 1.3 Rezoning Application: from "Agricultural (A)" to permit the development of a proposed Plan of Subdivision. 1.4 Proposed Plan of Subdivision: total of 201 units consisting of 117 single family dwelling units, 38 semi - detached /link units, nine blocks for 46 townhouse units, and various blocks for future development, road widening and buffer. 1.5 Land Area: 11.989 ha (29.6 acres) ....2 521 REPORT NO. PD -91 -95 PAGE 2 2. LOCATION 2.1 The subject property fronts on the west side of Mearns Avenue immediately south of the C.P.R. line, north of Ireland Street and east of Elephant Hill Drive in Bowmanville. 3. EXISTING AND SURROUNDING USES 3.1 The existing site is currently vacant 3.2 Surrounding land uses are as follows: South: new residential development East: vacant lands subject to Draft Approved Plans of Subdivision (18T- 88037). North: C.P.R. line and vacant lands subject to Draft Approved Plans of Subdivision (18T- 89064). West: new residential development 4 PUBLIC MEETING AND RESPONSE 4.1 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. 4.2 Staff have had a limited number of enquiries seeking further information with respect to this application. Mr. Bellman who lives on the east side of Mearns Ave, immediately south of the C.P.R. line, attended the Planning Department to express a concern for the water quality and quantity in his well should this development proceed. 5 OFFICIAL PLAN POLICIES 5.1 Within the Durham Regional Official Plan the subject property is designated "Living Area ". Said designation shall permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. The proposal appears to conform. ....3 5 ?2- REPORT NO. PD -91 -95 PAGE 3 5.2 Within the Official Plan of the former Town of Newcastle the subject property is located within Neighbourhood 111D" of the Bowmanville Urban area and is designated "Low Density Residential ". Within the neighbourhood, there is a medium density symbol as well as a "Junior Public Elementary School symbol" which has not been reflected in any of the existing or approved developments. It is noted that the proposed plan of subdivision does not provide for a school site. 5.3 The low density residential designation permits a maximum of 30 units per net residential hectare. However, the population target of 5000 people for Neighbourhood 111D11, only permits a gross residential density of 15.15 units per hectare. Based on the applicants land area of 11.989 ha this would yield approximately 182 units, about 21 units less than applied for. 5.4 The Clarington Draft Official Plan is expected to receive Council approval in the near future, as a result it would appear appropriate to review the subject application for conformity to said draft policies. The Draft Official Plan designates the subject lands as "Urban Residential" with a Medium density symbol and a Separate Elementary School Symbol. The proposal appears to comply with the neighbourhood population target. Furthermore, the net density of the proposed subdivision, 25.2 uph, is within the range recommended for low density residential areas in PD -88 -95 (Phase 4 - Review of Public Submissions on Draft Official Plan). The 46 townhouse units proposed are also in conformity with the Draft Official Plan. 5.5 As noted above the Draft Official Plan designates a Separate Elementary School on the subject lands which has not been included in the proposed development. In March of 1995 the applicants forwarded a letter to Council, as a submission to the Official Plan review (W175). The letter was with regards ....4 523 REPORT NO. PD -91 -95 PAGE 4 to the elementary Separate School site designated for their property in the Draft Official Plan. Council referred the matter to Staff for consideration. 5.6 The Draft Official Plan was prepared in consultation with both school boards. Similarly in preparing the recommendations contained in PD -88 -95 the school boards were consulted on school related issues. The recommendation in PD -88 -95 is for no change to the school symbol in this location. The application would not appear to conform to the Draft Official Plan. 6 ZONING 6.1 The current zoning on the subject property is "Agricultural (A)" which would not permit the development of the proposed Plan of Subdivision. 7 AGENCY COMMENTS 7.1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. To date comments remain outstanding from Clarington Public Works Department, the Ministry of Natural Resources and the Separate School Board. 7.2 Comments received from the Regional Planning Department, Clarington Hydro, Bell Canada and Canada Post have provided no objection to proposal as submitted. 7.3 The Municipality's Community Services Department advised they have no objection to the application subject to a cash -in -lieu of park land dedication in accordance with the policies of the Official Plan. As well fencing was requested to separate Blocks 150 and 151 from the railway property. 7.4 The Municipality's Fire Department advised that this site falls within the response area of Station No. 1, Bowmanville. ....5 524 REPORT NO. PD -91 -95 PAGE 5 They suggested that travelling through the downtown, which is necessary based on the location of this site, is increasingly difficult for emergency vehicles. The comments recommended "that some resolve be found to lessen the congestion on King Street ". 7.5 Regional Works advised that municipal water and sanitary sewer are available to the site and have no objection to further processing of this proposal subject to conditions of approval. 7.6 The Ministry of Culture, Tourism and Recreation has provided comments advising the subject property has a high potential for causing impacts to cultural heritage resources. Consequently the Ministry has recommended that as a condition of approval a cultural heritage resource assessment take place prior to any development of the property. 7.7 The Central Lake Ontario Conservation Authority advised that the subject lands are within the area subject to stormwater management recommendations of the Soper Creek, West - tributary Master Drainage Plan (MDP). The stormwater management strategy for this development is partially implemented. Overland flow routes through the adjacent (built) developments are also partially in place. Accordingly this proposal must be consistent with the continued implementation of the drainage system outlined in the MDP. Overland flow cannot be directed east to Mearns Avenue, due to certain overland flow conveyance limitations. Conservation Authority Staff advise that it does not appear that the lot and road lay -out in the current proposed Plan of Subdivision, permits conformity with the stormwater management requirements of the area. In order to resolve this problem, it may be necessary to provide a connection to Ireland Street. This could affect the viability of some of the proposed lots in the vicinity of lots 1 to 18. ....6 525 REPORT NO. PD -91 -95 PAGE 6 7.8 C.P.R. Rail Systems provided comments advising that thy are not in favour of residential developments adjacent to their right -of -way. However, if this proposal is supported by the Municipality they have requested a number of conditions of approval be imposed. These conditions deal with issues of noise attenuation fencing and berming, warning clauses to be contained in the purchase and sale agreements, setback requirements and property line fencing. 7.9 The Public School Board has advised that the proposal will yield approximately 65 students. These students will be required to attend Vincent Massey Public School which is over capacity with six potables. The Board has reserved a site on the east side of Mearns Ave (18T- 88037), however, there is no time frame for development of this site. The School Board has requested that "the development of the subject lands shall be staged in accordance with the availability of satisfactory school accommodation." 7.10 To date comments have not been received from the Separate School Board on the subject application. However, both school boards were integral in the determination of school site locations for the Draft Official Plan. 8 STAFF COMMENTS 8.1 As this property abuts both a railway line and a designated arterial road a noise study will be required to identify mitigation measures which may be required for the development to proceed. The proposal identifies Block 150 as a buffer area between the railway track and some of the residential units. Staff do not see the benefit of separating this parcel from the proposed lots abutting to the south. The Block does not appear to provide a pedestrian linkage or overland flow route. The Block identified as a buffer will probably be bermed and fenced pending the findings of a noise study. This ....7 LWZA REPORT NO. PD -91 -95 PAGE 7 in turn would make maintenance more difficult. It would appear that Block 150 would add to the maintenance cost of the Municipality without providing any direct benefit and should be incorporated directly into the adjacent lots. 9.2 Through the preliminary review of this application staff have identified a few issues which must be dealt with prior to further processing of this application. The applicant is required to conform with the population target, through a reduction in the number of units and /or provision of a school block. As well the proposal must comply with the Soper Creek Master Drainage Plan, including a possible revised lotting pattern. In addition, reports dealing with noise attenuation and cultural heritage resource assessment must be prepared for approval. 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 area of concern regarding the subject application. It is recommend 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, 1'e, l-'Jq. Franklin Wu, M.C.I.P., R.P.P., W. H. Stockwell Director of Planning Chief Administrative and Development Officer CP *FW *cc Attachment No. 1 - Attachment No. 2 - August 24, 1995 Key Map Proposed Draft Plan 5- U REPORT NO. PD -91 -95 PAGE 8 Interested parties to be notified of Council and Committee's decision: George Bellman 427 Mearns Avenue BOWMANVILLE, Ont. L1C 3K5 Mrs. Emily Marchetti and Mr. Anthony DeMinico 111 Botfield Avenue ETOBICOKE, Ont. M4B 4E6 Tunney Planning Inc. 340 Byron Street South, Ste 200 WHITBY, Ont. L1N 4P8 528 529 Ay J U 2 O U 9710 I d�� s t 1 PROPOSED DRAFT PLAN OF SIBOINSON PMT OF LOT 9. COMMON 2. awunMZ 10"W o CAAlJWM 9aa+ mm of www "n MUNWAUTY OF CIARINOTON PCOKHAL M1MCPAUTY OF OINUW WMAM 1I0MIATM U. ..Q1. uIN11 bw Am11t w... Y. Y Y. - .U. • 1.1Y MA, M KTiL- iiF�7,iT 1.W1 Wlw Gw .JM1/av CO lk w.� MARC"E MIM AINNO IIM, 11� Moir, YA1 1, LR-1 9710 I d�� s t 1 PROPOSED DRAFT PLAN OF SIBOINSON PMT OF LOT 9. COMMON 2. awunMZ 10"W o CAAlJWM 9aa+ mm of www "n MUNWAUTY OF CIARINOTON PCOKHAL M1MCPAUTY OF OINUW WMAM 1I0MIATM U. ..Q1. uIN11 bw Am11t w... Y. Y Y. - .U. • 1.1Y MA, M KTiL- iiF�7,iT 1.W1 Wlw Gw .JM1/av CO lk w.� MARC"E MIM AINNO IIM, 11� 4rI YA1 1, LR-1