Loading...
HomeMy WebLinkAboutPSD-004-02 Cl~-!lJgton REPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Report #: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MONDAY, JANUARY 21, 2002 ]);,! Resolution #()!f1-o (;Z -0 ~ PSD-004-02 File #:ZBA200 1-025 i 18T93008 By-law #: Meeting: Date: Subject: 749328 ONTARIO LIMITED IN TRUST PROPOSED REZONING APPLICATION AND PROPOSED AMENDMENT TO DRAFT APPROVAL PART LOT 11 & 12, CONC.1, FORMER TOWN OF BOWMANVILLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-004-02 be received; 2. THAT the rezoning application and the application to amend the Draft Approval of draft plan of subdivision 18T-93008 submitted on behalf of 749328 Ontario Limited in Trust 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. S"bm;',' bY'~ D i . Crome, M.C.I.P.,R.P.P. Director, Planning Services Reviewed b~ ~-t~~~'l Franklin Wu Chief Administrative Officer AR*CP*DJC*sn January 14, 2002 619 REPORT NO.: PSD-004-02 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 749328 Ontario Limited in Trust 1.2 Agent: Weston Consulting Group Inc. and UD&D Incorporated 1.3 Proposed Rezoning: From (Holding) Urban Residential Type One ((H) R1), (Holding) Urban Residential Exception ((H) R2-6), (Holding) Urban Residential Exception ((H) R2-7), (Holding) Urban Residential Exception ((H) R3-14), Environmental Protection (EP) and General Industrial Exception (M2-1) to appropriate zones to allow the proposed uses 1.4 Proposed Amendment to Draft Approval: From 123 units consisting of: 40 single detached units; 83 street townhouse units and a 24.486 ha open space block to 157 units consisting of: 48 single detached units; 18 semi-detached dwellings; 91 street townhouse units and a 24.326 ha open space block. The change to the open space block appears to be only an error in measurement. There is no change to the parkette and storm water management pond. 1.5 Area of Proposed Applications: 33.98 ha, plus Goodyear Canada Inc. property (15.81 ha). 2,0 LOCATION 2.1 The subject lands are generally bounded by Spry Ave to the west, Baseline Road to the south, Hunt Street to the east and include the Goodyear Canada property to the north (see Attachment 1). They are located in Part Lot 11 & 12, Concession 1, former Town of Bowmanville. 620 REPORT NO.: PSD-004-02 PAGE 3 3,0 BACKGROUND 3.1 In April 1995 the Municipality approved a rezoning application and recommended that the Region grant draft approval for a proposed draft plan of subdivision containing a total of 123 units, a 2.12 ha block for future development and buffer from Goodyear Canada, a 1.24 ha parkette and a 24.486 ha open space block (Attachment 2). The Region granted draft approval on August 18, 1995. The development has not proceeded to registration to date. In February 2001, the lands were sold to the current applicant. Since acquiring the lands, the new owner was successful in acquiring lands deemed surplus by CNR. These lands were previously occupied by the CNR spur-line serving Goodyear on the west side of Hunt Street, generally north of Nelson Street. The acquisition of the CNR lands allowed the developer to revisit the previously approved design of the subdivision. In order to maintain continuity with the work completed to obtain approval in 1995, the applicant retained the same consultants to coordinate the applications for proposed amendments to draft approval and rezoning. 3.2 Staff requested that any proposed revision to the draft approved plan include a secondary access to Hunt Street at Albert Street. Previously this could not be accommodated given the difference in grade relative to the spatial separation between the CNR spur rail line and the intersection of Albert and Hunt Streets. Secondly, staff requested the units on Street C be revised to eliminate townhouse units directly across the street from other townhouse units. This was in response to the on-street parking issues report, PD-36-99, prepared in April 1999, where this plan of subdivision was one of nine identified as having potential for on-street parking problems if developed as approved. The proposed amendment has relocated a number of on-street townhouse units from the west side of Street C to the north side of Street A. 621 REPORT NO.: PSD-004-02 PAGE 4 3.3 The applicant has submitted an application for a proposed amendment to draft approved plan of subdivision 18T-93008 and a zoning by-law amendment to implement the proposed revisions to draft approval (Attachments 3 and 4). The changes to the number of units, land area and density are shown in the following chart. 12 m frontage plus single detached units 10m frontage single detached units Semi-detached/link units Townhouse units Draft Approved Plan 10 30 o 83 Proposed Revisions 17 31 18 91 Net change 7 1 18 8 Net Residential land area (ha) Net Residential density (units per ha) As can be seen from the table above, the additional units proposed are not as a result of an increased density, but rather from additional lands being used for residential development. The additional land area is a result of the purchase of the former CNR spur line and a proposed reduction of the future development block. 3.4 Provincial guidelines require separation between incompatible uses, industrial and residential, with the buffer distance based on the nature of the industrial use. The buffer required, which in this case is 150 metres, is measured from the zone setback of the property. Currently, as the subject land is vacant, Goodyear could expand their facilities to within 7.5 m of the common property line. Their buildings are actually located approximately 70 m north of this property line. The applicant has proposed to convey a 0.651 ha parcel (approximately 30 m in width) to Goodyear in exchange for Goodyear agreeing to an increase in the zone setback to their south property line, thereby allowing some units on the block previously draft approved as future development. This change to the required setback from the south property line of the Goodyear lands is the second component of the rezoning application (see Attachment 5). 622 REPORT NO.: PSD-004-02 PAGE 5 3.5 An Environmental Site Assessment and Geotechnical Investigation has been submitted in support of the application. 4.0 EXISTING AND SURROUNDING USES 4.1 Existing Uses: The subject lands are currently vacant 4.2 Surrounding Uses: West - Bowmanville Creek valley lands and beyond that, existing residential fronting on Spry Avenue, Lawrence Crescent, Park Lane Circle, Bridle Path and Hetherington Court North - Goodyear Canada and residential fronting on Queen Street East - Existing residential fronting on Hunt Street South - Bowmanville Creek valley lands and Baseline Road 5.0 OFFICIAL PLAN POLICIES 5.1 The lands are designated Living Area and Major Open Space with indications of Environmentally Sensitive Areas within the Durham Region Official Plan. The predominant use of land within the Living Area designation shall be for housing purposes. The predominant use of lands in the Major Open Space designation shall be conservation, recreation and reforestation. The applications conform with the Durham Regional Official Plan. 5.2 The lands are designated Environmental Protection Area, Urban Residential with Medium Density Symbol and Neighbourhood Park Symbol, and Special Policy Area E within the Clarington Official Plan. The predominant use of land within the Urban Residential designation shall be for housing purposes. . The Medium Density category proposes a net density of 31-60 units per net hectare with the predominant housing forms to include townhouses. . Environmental Protection Areas identify the most significant components of the Municipality's natural environment. These areas and their ecological functions are to be preserved and protected. 623 REPORT NO.: PSD-004-02 PAGE 6 . The Neighbourhood Park functions and facilities shall serve the active and passive recreational needs of surrounding residents. . Special Policy Area E refers to redevelopment areas. This designation includes lands currently occupied by long-established industries, specifically Goodyear Canada in this case, where eventual relocation of these uses to appropriate areas within the Municipality shall be encouraged. Should redevelopment occur on the Goodyear lands, the land should be redeveloped in accordance with the policies of the Urban Residential designation and other relevant sections of the Official Plan. The applications conform to the Clarington Official Plan. 6.0 ZONING BY.LAW PROVISIONS 6.1 Rezoning is required as a result of including additional lands in the proposed draft plan of subdivision, the relocation of certain housing types within the draft plan of subdivision and an increase in the setback of industrial buildings on the south boundary of the Goodyear lands from 7.5 m to 95 m. 7.0 PUBLIC MEETING AND SUBMISSION 7.1 A Public Notice sign was installed on the subject lands. In addition, notice was mailed to each landowner within the prescribed distance. As of the writing of this report, several enquiries by phone have been received from local residents requesting clarification that the Bowmanville Valley is not being developed and whether Good Year is expanding as a result of the rezonings. The callers had no objections to the amendment to the draft-approved plan of subdivision or rezoning. Planning Staff also met with one local resident who indicated concerns with the proposal in terms of density, increased traffic, and compatibility with the existing residential neighbourhood. 624 REPORT NO.: PSD-004-02 PAGE 7 8.0 AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The Clarington Fire Department, offered no objection or concerns with the application as filed. Enbridge Consumers Gas has advised it have no objection to the referenced application, subject to conditions. 8.2 No other agency comments have been received at the time of writing of this report. 9.0 STAFF COMMENTS 9.1 This infill development, as revised, will increase the number of units in the development from 123 to 157 units; however, as additional lands have been acquired by the applicant the increase in units does not represent an increase in density from the previous draft approved plan of subdivision. 9.2 The application does not propose any changes to the 24.3 ha (60.0 acre), Environmental Protection (EP), zoned open space block. This component of the proposal received much attention from area residents, as well as the Ministry of Natural Resources, the Conservation Authority and the Municipality prior to Draft Approval in 1995. As a result, through the conditions of draft approval, the applicant is responsible for undertaking bank stabilization work as identified in the report prepared by Ecologistics Limited prior to transferring the lands to the Municipality. 9.3 As Council is aware, the Valley's 2000 group has been anxious to proceed with development of a trail in this valley. Although the applicant is not prepared to undertake the bank stabilization and dedication prior to registration, the new owner has agreed to provide the Municipality a 10 m wide easement to allow for 625 REPORT NO.: PSD-004-02 PAGE 8 the construction of a trail, from Baseline Road to the north limits of the property, prior to the development of the subdivision. 9.4 Due to the gap in time between development of the existing residential neighbourhood and proposed development project, there are some problems with integration with the neighbourhood. This includes a differential in density between the existing and proposed residential areas. However, the proposal builds on the existing grid system, provides for vastly improved access to the valleylands and provides for a "buffer" parkette on Hunt Street. It will include a new neighbourhood park, improving the current deficiency of parkland by municipal standards. In order to deal with some of the compatibility issues, planning staff will be requiring that supplementary architectural design guidelines be prepared for architectural control purposes. 9.5 The proposed development will not be able to proceed until improvements to the local street network have been scheduled. These works were included in the current development charges background study. The Engineering Services Department will be reviewing the implications for the Albert Street access. 10.0 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 any issues and receipt of all outstanding comments and required revisions. Attachments: Attachment 1 - Key Map Attachment 2 - Draft Approved Plan of Subdivision Attachment 3 - Proposed Revised Plan of Subdivision Attachment 4 - House Siting Plan Attachment 5 - Buffer and Goodyear Setback 626 REPORT NO.: PSD-004-02 PAGE 9 Interested parties to be notified of Council and Committee's decision: 749328 Ontario Limited in Trust c/o Gold Park Realty Inc. 250 Norfinch Drive TORONTO, Ontario M3N 1 Y 4 Weston Consulting Royal Centre 3300 Highway 7, Suite 320 VAUGHAN, Ontario L4K 4M3 UD+D Incorporated 4220 Steeles Avenue W. Unit C16 WOODBRIDGE, Ontario L 1 L 358 George Mutton 22 Albert Street BOWMANVILLE, Ontario L 1 C 1 H2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 627 ATTACHMENT 1 LOT 13 nll'<< AVENUE ~ ~ ~ ~ w ~ ~ ~ ""Nt< ! ~ ! I>P""\~ I WEST I ~ Lands Subject to Rezoning ~ Lands Subject to Rezoning and Amendment to Draft Approval !j!i!i!iji!i! Other Lands Owned by Applicant Bowmanvllle Key Map ZBA 2001-025 and 18T -93008 628 z o en en UJ u z o u ffi Eli .'", I i ~ I, II ..JJllln I "I .' I !m~!~ 0' J df fl I ;;; i ~ i II " .:l , 111 .~ it .! It ~- ~ 0 I' I ~MfH 0 II I. I ~ ~ II . J I Ilf I II~ . .. iii ~i r'l r ,:: ~ i ~I; ~i ' i:il' j . S !.hl i;oIUii IllIu .."" ina=~ -------- ~-- ::: "" '" C, ~I ";! ~ t ... , 1'-' II 'j ~ 5fJ ! Iii I :~ !~ Ijl! r -~~ :; r- ;:-~.ll; =111 fll L~~-"f 0.....0 Ile~fll!l rhf 00- _o'llt! S 1'1.1[1. ~~"f!l g I ~ql~Wf i!i '" l ~ --- -.----..---- \ \ \ it .- 'i!i !"1 il, ,co o o f"') en I I- co .- , , ! i > . I~ . ~~ , ....... ... ("Jif' ~ \ \ _ ~ \ lJ ~_; \ \ \\ __-----' ~,c"J:-..,"..~-...~- \ '\ ._~-- ~,\'1__-';r~ " \ __..t: eE'~#~-~- I " \ ~~~ _\..~_- ~~... I " / _---.}~~ ~ ~__--r- ,t' /,' ~- i-;-'-"-" \ I ,..-"',1,' ~~___--- ..._- I I "" \,' "I I ~- _~-t--1: I'...... ',~v...J......, ;...'~ " " _~_-"1 I I I ", I r ,',' -"1~-- \ \ II : : : ..~ ) I,' " \ \,,,-~--""--.L.: " ,'" ,',' '- }..... 'S3IID 3:w,.~.--L_ I,' " I '. .... ....-----.....::.::"""'l --I / .',' I~~ ~f DRAFT APPROVED PLAN , . ATTACHMENT 3 ~ 5~.2 I ~~ ~;.,3 ~~_~~'O ~: l:U ~.:- Vll/l~'" ""'= l:i ~ ~ o'Oli z...l ~:-l: u '~o'-'1- ...I o~ 0 0 Q....U[1- lC I- l.. - L- I'" L...d UQ/d 1- io.. ~ E~ : :f~~ I ~ .....llI:: 10i II ~ I ;u ~z z- I B~ -, ~~ ~~ ,t] ~ :0 .: i ill If"l ::~ I!r,ll I ~~I.m . ~ i IH ~ lJ J .,. ..II, I I~! :oil ! ~ . I 't I ~fl I i J" '1 l~ Ili~ J l.iI I:j ;1 :It I II' I 1'111 II i fll I !r11!!1 u.u..,.. !!!!!ll!l! 1m I' ! JII lit! I' ,c- 1 nIMl f'r}11 I,UI.! ..... .... I If II ''I . I I f!~ I: 'I" ,I ; :11" _,6, i:::d: '(.1- · 11'..1: ' I ~it!l! WI Illluh 1.11 - co o o C"I :! CO ... ~ ~J ~ tJ :.: 8 . = : ~~z g~2 ~Q.;~ ~ ' - - I"." . '- ~ ...."oro - :.: ~ ~ tJ ~ '" ... "" - 0"' CD U . :: I '" ~ ~ U N CJ Z M ...J"' . I%l 15 ~ ... <:> '-l ~ . ~~ \ "i ~ ~ i ~:i il~~ 630 . ATTACHMENT 4 ~I '" ... ..., ... ", '- '... "- ...J ", " c( ". "...!z ... llJ o en " w ", n:: ''<!J '''.'' Z"" '. ...... '"\., en ''''x w " '... " ". ", "." ". .... , ... o " "" .... "- "'", '-, -- )( / , , , " ... '..., "'. // >, ", /' " ',(' //''\. , " / / }, 21:; !' ~ -,~-~~-- , v , 631 co o o CO) ~ co """ c ca a: l:ll C .- - U; CD (I) = o % ~ ~- ATTACHMENT 5 STRIAL RT 2 OR-14289 Proposed 150m Buffer / ZBA 2001-025 632