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
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Bowmanvllle
Key Map
ZBA 2001-025 and 18T -93008
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ATTACHMENT 5
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OR-14289
Proposed
150m Buffer
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ZBA 2001-025
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