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HomeMy WebLinkAboutPD-095-00 DN: P095-00 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Z> t/ -Iff~ Res. #6'/il- 'f 30-00 Date: Monday, October 2, 2000 Report #: PD-095-00 FILE #: l8T-8702l By-law # Subject: APPLICATION FOR AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION APPLICANT: G.M. SERNAS ON BEHALF OF THE QUADRlLLIUM CORPORATION PART LOT 11, CONCESSION 2, FORMER TOWN OF BOWMANVILLE SOUTHWEST OF THE LIBERTY STREETICONCESSION ROAD 3, INTERSECTION FILE NO.: 18T-87021 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-095-00 be received; 2. THAT the application for revisions to Draft Approval for Plan of Subdivision l8T-87021 revised and dated August 28, 2000 as per Attachment 2 be APPROVED subject to the Conditions of Draft Approval contained in Attachment 3 to this Report; 3. THAT a copy of Report PD-095-00 and Council's decision be forwarded to the Region of Durham Planning Department; and 4. THAT the interested parties listed in this Report and any delegation be advised of Council's decision. 1. APPLICATION 1.1 Owner: The Quadrillium Corporation 1.2 Applicant! Agent: G.M. Sernas & Associates Ltd. 1.3 Rezoning: None 616 REPORT NO.: PD-095-00 PAGE 2 1.4 Amendments to Draft Approval: . one additional single detached dwelling unit (see Attachment 2); . 94 semi-detached dwelling units in place of 57 single detached dwelling units for a total of 38 additional low density dwelling units (see Attachment 2); and . re-orient a number of the corner lots to meet zoning by-law requirements (see Attachment 2). 1.5 Entire Plan of Subdivision Area: . 17.783 hectares (43.941 acres) 1.6 Location: The lands subject to the proposed amendments are southwest of the Liberty Street/Concession Road 3 intersection. The lands are located in Part Lot 11, Concession 2, former Town of Bowmanville (see Attachment 1). 2. BACKGROUND 2.1 On January 13, 1998, the Planning and Development Department was advised by the Region of Durham of an application to amend draft-approved Plan of Subdivision 18T- 87021 in order to permit the revisions described in Section 1.4 of this report. 2.2 Plan of Subdivision l8T-8702l was granted draft approval by Durham Region on March 26, 1990. This draft approval was subsequently amended on March 22, 1991. 2.3 The Public Meeting for the revisions to draft-approved plan of subdivision was held on April 20, 1998. One person, spoke at the meeting. This individual was concerned with the status of the lands surrounding her property particularly, the area of her septic system tile bed. She noted that she had been given verbal assurance from Planning Staff that the land around her property will be "frozen", The Conditions of Draft Approval, as 617 REPORT NO.: PD-095-00 PAGE 3 originally issued ensures the lots surrounding the neighbours property can only be developed when the individual wants to redevelop her property. The condition of draft approval is not affected by the revisions proposed to the draft plan. The applicant/agent for the property owner, G.M. Sernas and Associates Ltd., spoke in favour of the application. 3. EXISTING AND SURROUNDING USES 3.1 The site is currently vacant and the topography is flat. 3.2 The surrounding land uses are as follows: North - Concession Road 3, and north of it, vacant lands, 1 church and 4 scattered single detached dwellings, South - Vacant lands, and single detached dwellings. East One (1) single detached dwelling west of Liberty Street, and east of Liberty Street is the Liberty Village subdivision which includes townhouses, semi-detached and single detached dwelling units. West - Vacant lands, and one single detached dwelling. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan, the subject property is located within the Bowmanville Urban Area and is designated Living Area. The application conforms. 4.2 Within the Clarington Official Plan, the subject property is designated as Urban Residential with an indication of a Neighbourhood Commercial Node. The application conforms. 618 REPORT NO.: PD-095-00 PAGE 4 5. ZONING BY-LAW COMPLIANCE 5.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned in part "Holding-Urban Residential Type One ((H)Rl)", in part "Holding-Urban Residential Type Three ((H)R3)" and in part "Holding-Neighbourhood Commercial ((H)C2)". The application conforms. 6. AGENCY COMMENTS 6.1 The amendment to draft approved plan of subdivision application was circulated to various agencies and other Departments by the Planning and Development Department. 6.2 The Fire Department had no objections. 6.3 Clarington Hydro commented that capacity is available in the area for the subdivision. The applicant was requested to submit a detailed plan for the power supply scheme as soon as possible, 6.4 The Central Lake Ontario Conservation Authority commented that there are no major modifications proposed for the plan and as such, the Authority had no objections to the proposed amendment to the draft approved plan of subdivision. 6.5 The Clarington Public Works Department, Engineering Division, has offered a number of comments. A number of their comments are reflected in the existing conditions of draft approval. All other comments are reflected in the revised conditions of draft approval attached to this report. A summary ofthe additional comments is as follows. . The location of all road allowances must be compatible with the location of the road allowances in all adjacent draft plans of subdivision. . The future phasing of this draft plan will be restricted by the number of external accesses which are available. Full development of the draft plan will require all external accesses to be constructed. The specific lots available for building permits in any single phase of the development will be determined at the engineering stage and 619 REPORT NO.: PD-095-00 PAGE 5 any single phase of the development will be determined at the engineering stage and shall be at the sole discretion of the Director of Public Works. . Temporary turning circles are required at the terminus of Argent Street, Allison Street and Courtney Street. . Prior to the issuance of building permits the applicant must provide for the removal of any temporary turning circles located immediately adjacent to this subdivision which are in existence at the time of construction. . Block 195 must be melded with the adjacent Medium Density Block to the south. The combined Medium Density Block must be developed as a single site plan. . The developer is required, as a condition of the Development Agreement, to make the front end payments to the Municipality for the amounts stated in the front end agreements entered into between the Municipality; and Schickedanz Bros. Ltd. (Stormwater Management Works) The owner of Plan IOM-829 (Storm Sewer Oversizing) The owner of Plan 40M-1852 (Storm Sewer Oversizing) . The applicant will be required to provide a Tree Preservation Plan in accordance with current municipal policy. . The applicant will be required to provide a Noise Attenuation Report in accordance with current municipal policy. . The applicant will be required to provide an appropriate cash contribution in lieu of the normal parkland dedication. . All lots and future lots located on the eyebrow of road allowances have been appropriately changed to single detached lots, An on-street parking plan was provided showing that 179 on-street parking spaces are available whereas only 63 on- street parking spaces are required. 620 REPORT NO.: PD-095-00 PAGE 6 7. STAFF COMMENTS 7.1 The proposed revisions to the draft approval results in the following change in unit mix and density: Dwelling Existing Proposed Change Units Draft Approval Revisions No. 0/0 No. % 15 m Singles 194 91.5 138 55.2 056 9 m Semi/Link 18 8.5 112 44.8 +94 Total 212 100% 250 100% +38 Gross Residential Density 11.92 nph (4.83 upa) 14.06 uph (5.69 upa) +2.14 uph 7.2 The proposed amendments to the draft approved plan of subdivision increases the number of units and density in the subdivision. Although this plan is missing the mid-range size single detached dwelling lots (such as 35 ft" 40 ft, and 45 ft. lots), it now provides a greater mix of housing. While staff has some concern for the percentage of proposed semi/link lots, the overall density is appropriate. This revision along with other recent revisions in the neighbourhood will increase the number of housing units in the neighbourhood by approximately 3.6%. This increase falls within the parameter permitted by the Clarington Official Plan. 8. CONCLUSION In consideration of agency comments, public submissions, and the staff comments in this report, it is recommended that the Amendments to Draft Approved Plan of Subdivision l8T-8702l (Revised) be APPROVED subject to the Amended Conditions of Draft Approval contained in Attachment 3 to this Report, 621 REPORT NO.: PD-095-00 PAGE 7 Reviewed by, d {/~::.- L0-k David J. rome, M.C.LP., RP.P. Director of Planning & Development BR*LT*DC*df Franklin Wu, M.C.LP., R.P.P. Chief Administrative Officer. 27 September 2000 Attachment 1 - Site Location Key Map Attachment 2 - Revised Draft Plan of Subdivision l8T -87021 Attachment 3 - Proposed Conditions of Draft Approval Interested parties to be notified of Council and Committee's decision: Ms. Mary Rycroft G.M, Sernas & Associates Ltd. 110 Scotia Court, Unit 41 WHITBY, Ontario LlN 8Y7 Mr. Harold Konopny The Quadrillium Corporation Suite 205-5300 Y onge Street WILLOWDALE, Ontario M2N 5R2 Mr. & Mrs. Christopher Barrett 342 Liberty Street North RR.#5 BOWMANVILLE, Ontario LlC 3K6 622 ATTACHMENT' 1 ~ SUBJECT SITE LOT 12 LOT 11 LOT 10 \~ \ '-".- ~- ~ \_~ ~----- 1'0 Z o (f) (f) w () z o () Cl <( 0 a:: w C\I -.J Cl Cl Z ::a: 0 (f) (f) w () z 0 () I IIII \ BOWMANVILLE KEY MAP 18T -87021 623 I ATTACHMENT 2 LOT 11 _.~ ii 0 / ~.~.,,~.......~. .,-.-. .~ ~ ::~_ _- .:In--- CONCESSION ROAD 3 :?'c._ - >, ~;~ J /l ~-{ v--~, ~--: J: ~, · _ _ ~ .r1. _ :.Ill _'oJ 1 il1,li III ~/-. I r- I ! 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'\. 1.1 '. ~ LOTS TO BE CHANGED FROM SINGLES TO SEMIS III CORNER LOTS TO BE REORIENTED I IlmiI ONE SINGLE DETACHED DWELLING LOT T BOWMANVILLE 18T -87021 KEY MAP ( AS REVISED) 624 ATTACHMENT 3 REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION 1. That Condition No. I be deleted in its entirety and replaced with the following: "That this approval applies to draft Plan of Subdivision l8T-87021, prepared by G.M. Sernas and Associates Ltd., identified as project number 87001, dated August 28, 2000, showing 138 single family detached dwellings, 56 semi-detached lots for 112 semi- detached dwellings, 2 part lot blocks for future single family detached dwelling development, 4 part lot blocks for future semi-detached dwelling development, Block 195 for 6 townhouse dwellings, Block 202 for commercial development, various roads, road widenings, site triangles and reserves". 2. That Condition No.4 be modified by replacing "3.0 metre" with "5.18 metre" and "Block 227" with "Block 210" to be worded as follows: "4. That the 5.18 metre road widening strip identified as Block 210 shall be dedicated as public highway for the purpose of widening Concession Road No.3.". 3. That Condition No.5 be modified by replacing "Blocks 220 to 225" with "Blocks 207 to 209" and "Town of Newcastle" with "Municipality of Clarington" and by adding at the end the words: "free and clear of all encumbrances, with the final registration of this plan" to be worded as follows: "5. That the 0.3 metre reserves shown as Blocks 207 to 209 shall be conveyed to the Municipality of Clarington free and clear of all encumbrances, with the final registration of this plan." 4. That Condition No.6 be modified by replacing "Blocks 218, 219 and 226" with "Blocks 204, 205 and 206", respectively, and by adding at the end the words: "free and clear of all encumbrances, with the final registration ofthis plan" to be worded as follows: "6. That the 0.3 metre reserves shown as Blocks 204, 205 and 206 shall be conveyed to the Region of Durham free and clear of all encumbrances, with the final registration ofthis plan." 5. That Condition No.7 be deleted in its entirety and replaced with the following: "That the 14 metre x 6 metre site triangles at the intersection of Melville Avenue and Liberty Street be conveyed free and clear of all encumbrances to the Region of Durham with the final registration of this plan, and that the 14 metre x 7 metre site triangles at the intersection of Lister Gate and Concession Road 3 be conveyed to the Municipality of Clarington with the final registration of this plan. 6. That Condition No. 17 c) be modified by replacing "Blocks 207 to 217" with "Blocks 195 to 203", respectively, to be worded as follows: "17. c) The Owner agrees not to develop Blocks 195 to 203 except in conjunction with adjacent lands and further agrees to maintain these blocks until developed." 625 - 2 - 7. That Condition No. 17 d) ii) be modified by replacing "202 and 203" with "192 to 194", respectively, to be worded as follows: "17. d) ii) The Owner agrees to insert the following clause in the sale and purchase agreement for lots 36, 37,192 to 194: Purchasers are advised that noise levels due to increasing road traffic may be of concern and occasionally interfere with some activities of the dwelling occupants." 8. That the following Condition be added: "That Block 19 in Plan of Subdivision l8T -89070 and Block 195 in Plan of Subdivision 18T-8702l shall be melded and developed as a single site plan". 9. That the following new Condition be added: "The location of all road allowances must be compatible with the location of the road allowances in all adjacent draft plans of subdivision". 1 O. That the following new Condition be added: "The future phasing of this draft plan will be restricted by the number of external accesses which are available. Full development of the draft plan will require all external accesses to be constructed. The specific lots available for building permits in any single phase of the development will be determined at the engineering stage and shall be at the sole discretion of the Director of Public Works". 11. That the following new Condition be added: "Temporary turning circles are required at the terminus of Argent Street, Allison Street and Courtney Street. Lots 104, 105, 183, 184, 189 and Block 195 will remain frozen until such time that the road allowances are extended and constructed with the finished urban roadway including Regional services, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees and street lighting, for the entire frontage width abutting the "frozen" lots or block". 12. That the following new Condition be added: "Prior to the issuance of building permits the applicant must provide for the removal of any temporary turning circles located immediately adjacent to this subdivision which are in existence at the time of construction. The applicant must reconstruct any "external connections" to an urban standard, including asphalt paving, curb and gutter, boulevard sodding, sidewalks, street lighting and street trees". 626 - 3 - 13. That the following new Condition be added: "The developer is required, as a condition of the development agreement, to make the front-end payments to the Municipality for the amounts stated in the front-end agreements entered into between the Municipality and: Schickedanz Bros, Ltd. (Stormwater Management Works) The owner of Plan 10M -829 (Storm Sewer Oversizing) The owner of Plan 40M-1852 (Storm Sewer Oversizing) The Development Agreement must provide appropriate clauses which make provision for the timing and amount ofthe required front-end payment Any required payments shall be determined in accordance with the provisions of the Development Charges legislation, and shall be to the satisfaction of the Municipality's solicitor and the Director of Public Works". 14. That the following new Condition be added: "The applicant will be required to provide a Tree Preservation Plan in accordance with current municipal policy". 15. That the following new Condition be added: "The applicant will be required to revise the noise control measures recommended in the acoustic report dated September 8, 1989, prepared by G.M. Sernas & Associates Ltd., in light of the latest design changes to the draft plan to the satisfaction of the Region of Durham and the Municipality of Clarington". 16. That the following new Condition be added; "That the Builder include a disclosure in all purchase and sale agreements advising home buyers of municipal parking regulations, to the satisfaction of the Director of Planning and Development". 17. That the following new Condition be added: "That the Owner agrees that in all registrations all single detached dwelling units and all semi-detached/linked dwelling units will be constructed with two (2) outdoor parking spaces. Where the two outdoor parking spaces are provided side by side, the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is thirty percent (30%)". 18. That the following new Condition be added: "Any parking space within a garage shall have a minimum width of 3.0 metres and a minimum area of 18.58 m2". 627 . - 4 - 19. That the following new condition be added: "That the Owner agrees to establish a geodetic benchmark in the vicinity of the intersection of Liberty Street and Concession Road 3, which will serve as a vertical control for the Neighbourhood. The Owner will be responsible for 100% of the cost of establishing this benchmark". 628