HomeMy WebLinkAboutPD-72-94Subject: REZONING APPLICATION - 970973 ONTARIO LIMITED
PART LOT 11 & 12, CONCESSION 1, FORMER TOWN OF BOWMANVILLE
FILE: DEV 93 -032 (X -REF OPA 93- 010 /D, OPA 93 -004 /C & 18T- 93008)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -72 -94 be received;
2. THAT application to amend the Comprehensive Zoning By -law 84-
63., as amended, of the former Town of Newcastle submitted by
Weston and Associates on behalf of 970973 Ontario Limited be
referred back to Staff for further processing.
3. THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: 970973 Ontario Limited
1.2 Agent: Weston and Associates
1.3 Rezoning Application:
from "General Industrial Exception (M2 -1)11,
"Environmental Protection (EP)" and "Holding - Urban
Residential Type One ((H)Rl)" to an appropriate zone to
permit the development of 123 residential units.
1.4 Local Official Plan Amendment Application:
from "Industrial" to "Residential"
1.5 Proposed Plan of Subdivision:
to permit the development of 40 single family dwelling
units, 3 triplex dwelling units, 20 quadruplex dwelling
units, 60 on- street townhouse dwelling units, a 3.653 ha
future development block and a 1.24 ha park.
....2
PA PEAIi� EL YIL LE
THIS IS PRIMED U4 RECYCLED PAPER
REPORT NO. PD -72 -94 PAGE 2
Land Area: total land area is 33.436 ha, the open space block
is 23.122 ha.
2. LOCATION
2.1 The subject land holdings are located in Part Lot 11 and 12,
Concession 1, of the former Town of Bowmanville. The property
has 404 metres of frontage on the north side of Baseline Road,
approximately 717 metres of frontage on the east side of Spry
Avenue, is south of the Good Year property and the Durham
Street extension and west of Hunt Street and the houses
fronting on the west side of Hunt Street (see Attachment No.
1) .
3. BACKGROUND
3.1 The above referenced property is subject to three
applications. The first application is the proposed change in
land use designation in the Municipality's Official Plan from
industrial to residential. The second application is for
approval of the proposed Plan of Subdivision for 123 dwelling
units. The third application, which is the subject of this
public meeting, is for the approval of the proposed amendment
to the Municipality's Zoning By -law. The applications were
originally received by the Planning and Development Department
in August of 1993. Notification from the Region Planning of
the subdivision application was received in September.
3.2 In April the applicant submitted a revised plan of subdivision
application. The proposal reduces the number of dwelling
units from 140 to 123. The revision proposes an increased
park area and increased setback from the top -of -bank of
Bowmanville Creek. Vehicle access has been reduced to one
point at Nelson Street only. The area north of Baseline Road
and east of Spry Avenue is proposed to be set aside for
....3
REPORT NO. PD -72 -94 PAGE 3
unspecified development and is not subject to the subdivision
and rezoning applications currently under review. As per the
original application the majority of the lands, being some
23.122 ha consisting of the Bowmanville Creek Valley System,
are identified as open space.
3.3 The applicant has recently submitted various supporting
documentation for the current proposal which have been
circulated to the appropriate commenting agencies. The
submissions include a preliminary report on creek
stabilization measures, a draft environmental impact study, a
traffic impact analysis and a servicing report. The proponent
has advised that a noise impact study is also being prepared.
Comments received to date have not included a review of the
recently received documentation.
4 EXISTING AND SURROUNDING USES
4.1 There are two existing dwellings and three accessory
structures on the lands presently.
4.2 Surrounding land uses are as follows:
South: Baseline Road and vacant land
East: Hunt Street and existing residential neighbourhood
North: Good Year plant
West: Spry Avenue and existing residential neighbourhood
5 PUBLIC MEETING AND RESPONSE
5.1 Pursuant to Council's resolution of July 26, 1982 and the
requirements of the Planning Act, signage acknowledging the
revised application was installed on the subject lands on June
7, 1994. In addition, the appropriate notice was mailed to
each landowner and tenant within the 120 metre prescribed
distance, 30 days in advance of the meeting. As of the
writing of this report staff have fielded several enquiries
with respect to the proposed revision. ....4
REPORT NO. PD -72 -94 PAGE 4
5.2 On October 18, 1993 a public meeting was held on the original
proposal. At that time, letters of concern and opposition to
the applications were received, as well there were several
presentations to Committee in opposition to the application
along with a petition containing hundreds of names. The
issues raised included i) protection of the environment; ii)
the potential damage to the ecosystem and destruction of the
wildlife habitat; iii) the impact the development will have
upon fishing in the Bowmanville Creek; iv) the impact from
the development on schools, existing infrastructure and roads;
and v) the need for the community to have green areas within
the urban area and the impact on tourism and employment. The
residents believe the lands should be left in their current
natural state for the enjoyment of the public.
6 OFFICIAL PLAN POLICIES
6.1 Within the Durham Regional Official Plan the table land
portion of the subject property appears to be designated
"Living Area" and the Bowmanville Creek Valley System
designated "Major Open Space" with "Environmentally Sensitive
Areas ". It would appear that the lands proposed for
residential development are confined within the table lands
and conform to the Living Area designation of the Durham
Region Official Plan.
6.2 Within the Official Plan of the former Town of Newcastle the
table lands appear to be designated "Industrial" while the
Bowmanville Creek Valley lands are designated as "Major Open
Space" and "Hazard Lands" with Environmental Sensitivity.
6.3 The Municipality's Official plan requires an environmental
impact analysis for development on or adjacent to any lands
....5
4
REPORT NO. PD -72 -94 PAGE 5
identified as environmentally sensitive. The study is to be
done to the satisfaction of the Town, the Region, the
Conservation Authority and the Ministry of Natural Resources.
Such a study has been undertaken and is currently being
reviewed by the commenting agencies.
6.4 The proposed subdivision does not conform to the Official Plan
of the former Town of Newcastle in that the existing
"Industrial" designation will have to be amended to
"Residential" to conform to the Regional Official Plan.
7 ZONING
7.1 The current zoning on the subject property is "General
Industrial (M2 -1)", "Environmental Protection (EP)" and "Urban
Residential Type One - Holding ((H)R1) ". The area of the
proposed development is predominantly within the industrial
zone and partially within the environmental protection zone
neither of which would permit the proposed residential
development and hence the application to amend the zoning by-
law.
8 AGENCY COMMENTS
8.1 In accordance with departmental procedure the subject revised
application was circulated to agencies and departments for
comment. To date comments remain outstanding from some of the
circulated agencies and departments. The Fire Department and
the Northumberland - Clarington Board of Education both provided
no objection to the proposal, while the Ministry of the
Environment has advised that they will only be providing
comment to the Ministry of Municipal Affairs in the event the
Official Plan Amendment is approved by local Council.
8.2 Regional Planning Staff have advised that the subject property
....6
REPORT NO. PD -72 -94 PAGE 6
is designated both "Living Area" and "Major Open Space" in the
Durham Official Plan. The limits of the designations shall be
defined in the local Official Plan and Zoning By -law with the
assistance of the Conservation Authority and the Ministry of
Natural Resources.
The proposal to redesignate from industrial to residential in
the local plan is in conformity with the Regional Plan
provided policies which require development to have regard for
compact urban form, good urban design principles, grid pattern
of roads, pedestrian access, parks and school facilities, the
feasibility of expanding the existing municipal service
infrastructure, etc. are taken into consideration.
Municipal water supply can be provided to the site. Watermain
easements will be required crossing the CPR lands, to extend
services from Hunt Street. Municipal sanitary sewer are
available from Baseline Road and a 6 metre easement is
required along block 63. Servicing for future development
block. 58 is not a problem, however details for the future
development should be provided to Regional Works Staff.
Servicing block 60 may present a problem due to the sanitary
sewer invert elevation. An 8.22 metre road widening is
required along Baseline Road.
8.3 The Ministry of Natural Resources have reviewed the
application and are satisfied that their concerns with respect
to stormwater management will be addressed through the review
and conditions of the draft plan of subdivision. Furthermore,
they advised that maintaining a buffer strip of natural
vegetation adjacent to the watercourse is essential in
providing protection from negative impacts which may result
from development. The Ministry has no objection to
....7
REPORT NO. PD -72 -94 PAGE 7
development of the land subject to inclusion of provisions for
a vegetative buffer strip along the stream banks of the
Bowmanville Creek. Said vegetative buffer strip is to be a
minimum of 30 metres along both stream banks, or to top of
bank, which ever is greater. The buffer strip shall be zoned
'Environmental Protection'.
8.4 Clarington Hydro and the C.N.R were not circulated on the
revised application, however their previous comments remain
applicable. Clarington Hydro staff advised that should the
application be approved a new hydro feeder line will have to
be built along Hunt Street at the developer's cost. C.N.
Railway officials advised that the proposed development being
adjacent to the Bowmanville Town Spur line, will be expected
to comply with the their Tertiary Branch Line Requirements
(the applicant's agent was forwarded a copy of these
requirements). The Tertiary Branch Line Requirements deal
with warning clauses, setback from the railways, fencing and
drainage.
9 STAFF COMMENTS
9.1 The applicant is proposing to develop a 33.436 ha parcel of
land as follows: 6.5 ha of land are to accommodate the
proposed 123 dwelling units, associated roads and park area;
a total of 3.653 ha over three blocks of land is proposed to
be retained for possible future development; a block of land
0.264 ha in size is proposed for a water quality pond; and the
remaining 23.122 ha of land is left as an open space block.
9.2 The proposed residential development has an overall net
density of 39.49 units per ha. The 40 proposed single family
dwelling units would calculate at a density of 26.68 units per
net ha, while the balance of the development has a density of
51.39 units per net ha. ....8
REPORT NO. PD -72 -94 PAGE 8
9.3 In addition to reducing the number of dwelling units proposed
and the mix of units, the design of the proposal has changed
significantly. The proposal is now limited to one vehicle
access at Nelson Street and a pedestrian access in the
vicinity of the Albert Street road allowance. Street "A" has
been designed as a one sided road along both the Bowmanville
Creek and the proposed park block, allowing maximum access and
vistas to the creek lands.
9.4 In consideration of comments received from the Ministry of
Natural Resources, the proposal may require to be further
setback from the Bowmanville Creek towards the north end of
the development in order to achieve a 30 metre minimum setback
from stream bank.
9.5 Staff note that the proposed triplex, quadruplex and townhouse
dwelling units are all proposed to have a minimum frontage of
5.4 metres. Current zoning requirements for townhouse type
dwelling units is a 6.0 metre minimum frontage. This issue
may require further review, to assess fully the impacts of the
reduced frontage on location of street furniture and on- street
parking.
10 CONCLUSION
10.1 The purpose of this report is to facilitate a Public Meeting
for the revised proposal as required by the Planning Act, to
provide Committee members with 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 receipt of all outstanding
comments, required revisions and resolution of all issues.
REPORT NO. PD -72 -94 PAGE 9
Respectfully submitted,
Reviewed by,
) fiJ p
s r,
Franklin Wu, M.C.I.P. W. H. Stockwell
Director of Planning Chief Administrative
and Development Officer
CP *FW *cc
Attachment No. 1 - Key Map
Attachment No. 2 - Proposed Plan of Subdivision
Interested parties to be notified of Council and Committee's
decision:
970973 Ontario Limited
82 Beechwood Avenue
NORTH YORK, Ontario
M2L 1J5
Iain Maciver
7 Hetherington Drive
BOWMANVILLE, Ontario
L1C 3P9
John and Evelyn Large
14 Park Street
BOWMANVILLE, Ontario
LIC 1B4
Alan Potter
28 Hunt Street
BOWMANVILLE, Ontario
LIC 2W7
Mark Battle
25 Hunt Street
BOWMANVILLE, Ontario
L1C 2W8
Ed Reid
Ontario Federation of Anglers
and Hunters
P.O. Box 2800
PETERBOROUGH, Ontario
K9J 8L5
Weston and Associates
64 Jardin Drive, Unit 7
CONCORD, Ontario
L4K 3P3
Linda Embree
78 Lawrence Avenue
BOWMANVILLE, Ontario
L1C 1J5
Mrs A. Rerecich
80 Parklane Circle
BOWMANVILLE, Ontario
L1C 3V9
Robert and Bernice Pearse
22 Bridle Path
BOWMANVILLE, Ontario
L1C 3W1
Jeff Gavey
75 Parklane Circle
BOWMANVILLE, Ontario
L1C 4K9
Lance Thornton
34 John Scott
BOWMANVILLE, Ontario
L1C 4K9
....10
REPORT NO. PD -72 -94 PAGE 10
Scott Young Denis Kavanagh
10 Spry Avenue 68 Spry Avenue
BOWMANVILLE, Ont BOWMANVILLE, Ont
L1C 3T3 L1C 3Y3
II
Fred Tippins
13 Park Street
Nancy Armstrong
BOWMANVILLE, Ontaio
19 Loscombe Drive
L1C 1B3
BOWMANVILLE, Ontario
L1C 3S8
George Smith
14 The Briddle Path
Rienne Bruce
BOWMANVILLE, Ontario
17 Loscombe ]
L1C 3W1
BOWMANVILLE,
L1C 3L8
Rick Dankmeyer
4 Loscombe Drive
David Lawson
BOWMANVILLE, Ontario
111 Cedar Cr
LIC 3Y1
P. O. Box 44
BOWMANVILLE,
Lorna Miller
L1C 3K3
2936 Highway No. 2
BOWMANVILLE, Ontario
Karl Fliesser
18 Briddle Path
Mark Pengelly
BOWMANVILLE, Ontario
35 Nelson Street
L1C 3W1
BOWMANVILLE, Ontario
L1C 1E4
Evylin Stroud
89 Little Avenue
BOWMANVILLE, Ontario
L1C 1J9
II
SUBJECT SITE
OTHER LANDS OWNED BY APPLICANT
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