HomeMy WebLinkAboutPD-035-00
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DN: PD-35-00
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File #IJJ i ;Yjff o/{--{)d.- cr
Res. #GjJ/l -/h 7 -DO.
Date:
Monday,J\priI17,2000
Report #:
PD-35-00
File #: ZBA 99-029 & 18T-99018 By-law #
Subject:
REZONING AND DRAFT PLAN OF SUBDIVISION APPLICATIONS
APPLICANT: LIZJAN DEVELOPMENTS INC.
PART LOT 9, CONCESSION 2, FORMER TOWN OF BOWMANVILLE
FILES: ZBA 99-029 & 18T-99018
Reconnnendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
I. THAT Report PD-35-00 be received for information; and
2. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applications: Lizjan Developments Inc.
1.2 Agent: PMG Planning Consultants
1.3 Severance: To rezone the subject lands from "Agricultural (A) Zone" to permit
the development of a plan of subdivision.
1.4 Draft Plan of Subdivision: To develop a draft plan of subdivision containing 44 - 9.0
metre linked lots, 51-10.5 single detached lots, 41-12.2 metre single
detached lots, a neighbourhood park block, a public elementary school
site, and a future development block.
10.6 hectares (2.5 acres)
1.5
Site Area:
601
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REPORT PD-035-00
PAGE 2
2. PURPOSE OF REPORT
2.1 The purpose of this report is to provide Council with information on the appeal by Lizjan
Developments Inc. of their rezoning and draft plan of subdivision applications to the
Ontario Municipal Board. The report details the background of the application and the
remaining issues that must be resolved prior to the hearing scheduled for May 8, 2000.
Both the applicant and Staff would prefer to resolve all outstanding issues prior to the
hearing date.
3. BACKGROUND
3.1 On August 19, 1999, PMG Planning Consultants, on behalf of Lizjan Developments Inc.,
submitted rezoning and draft plan of subdivision applications to the Municipality of
ClaringJon. The subdivision would consist of 44 - 9.0 metre link lots, 51 ~ 10.5 metre
single detached lots, 41 - 12.2 metre single detached lots, a neighbourhood park, a
elementary school site, and a future development block.
3.2 A Public Meeting was held on November 1, 1999 to solicit input from the surrounding
residents. The following concerns were raised:
. The trees provide a noise buffer from railway noise to the south. A difference is
noled in the summer when the trees are foliated.
. Existing vegetation provides habitat for wildlife. Trees should be preserved.
. The function of the drainage swale should not be impacted.
3.3 On January 6, 2000, a meeting was held between Staff and the applicant to discuss
planning and design issues relating to the draft plan of subdivision. The applicant referred
the application to the Ontario Municipal Board on January 19, 2000 because the
Municipality of Clarington and Regional Municipality of Durham failed to make a
decision on the proposed zoning amendment and draft plan of subdivision respectively
within 90 days. Staff can only presume that the applicant sought a firmer commitment to
timing than Staff could provide at the time of the January 6, 2000 meeting.
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REPORT PD-035-00
PAGE 3
3.4 On January 18,2000, just prior to Ihe rezoning application and draft plan of subdivision
being appealed, a request was received from the agent seeking zoning by-law amendment
application as follows:
. The reference to an underground linkage for 18.0 metre link lots should be removed
to permit a 9.0 metre single detached lot.
. The applicant requests that 10.0 metre single detached lots be permitted.
. The applicant requests that exterior side yards be reduced to 3.0 metres in the draft
plan.
On February 18, 2000, the applicant provided design elevations and a conceptual house
siting plan for review purposes.
4, SUBDIVISION DESIGN ISSUES
4.1 An Environmental Impact Study was initiated to examine the impacts of the proposed
subdivision on the Soper Creek tributary, potential downstream fisheries impacts in the
Soper Creek, preservation of trees, and wildlife habitat and movement within the forested
portions of the site. Staff anticipate that this study will be completed within a 6 to 8 week
period.
4.2 A number of adjacenl residents raised concerns regarding tree preservation on the subject
lands. The agent indicated that hedgerows on the park and school blocks would be
preserved. In addition, the applicant has agreed to preserve a treed area on the east side
of Street "E" through deletion of Lots 22 & 23 and part of Lot 21. In addition, the
Environmental Impact Study will provide guidance on tree preservation. These measures
should sufficiently address public concerns.
4.3 The draft plan of subdivision provides the Public School Board with a 2.0 hectare sized
school site. Both the Official Plan and the School Board requires an elementary school
site with a minimum size of 2.5 hectares. The plan also includes a 0.46 hectare park
block, which would represents the last piece required for Longworth Park. The applicant
has requested that the proposed park block be used for school purposes and Ihat cash-in-
lieu of parkland would be provided.
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REPORT PD-035-00
PAGE 4
4.4 The applicant is seeking approval for 9.0, 10.0 and 12.0 metre lots. Slaffmust determine
an appropriate lot mix, and whether some larger lot single detached units are required.
4.5 Staff are examining the plan to determine an appropriate road network, which minimized
the number of access points onto Longworth Avenue and assists with lot grading and
drainage concerns. Various alternatives are being reviewed by Planning and Public
Works staff.
4.6 The proposed draft plan shows a 0.28 hectare Future Use block, which is currently
designated for residential uses. Although the applicant has indicated that he intends to
develop commercial uses on the block in the future, the required official plan
amendment, rezoning, and site plan applications have not been submitted for
consideration. The applicant must prepare a lotting plan for the block that appropriately
includes adjacent lots on Street "F" and Longworth Avenue.
4.7 The Public Works Department has indicated that the preliminary grading plan shows
grades of 5% on Longworth Avenue and Street "B". Roads with lower grades of 3% are
preferable from a transportation perspective. This also lessens the potential for
residential lot grading difficulties.
4.8 A parking plan must be prepared by the applicant to demonstrate that sufficient on-street
parking exists. This must be prepared prior to issuance of draft plan approval. The
applicant has indicated that such a plan would be provided after draft plan approval has
been issued. Staff do not accept this position.
4.9 Longworth Avenue is an east-west collector road, which is located on the Chizen lands to
the west of the subject lands. Until the Chizen lands are developed, the Municipality
wants to ensure that approval of this draft plan will not cause any traffic problems. This
issue must also be addressed in the traffic report.
4.10 Lizjan Developments must negotiate with Eiram Development Corporation to acquire the
604
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REPORT PD-035-00
PAGE 5
other half of the Longworth Avenue road allowance to create a full entrance to the
subdivision (see attachment #2). The northern extent of the road must be fully serviced
with municipal water, sanitary sewer, storm sewer, and necessary utilities. Previous
discussions with the applicant indicated that this would not be a problem.
4.11 Development cannot commence until the applicant provides at least two means of access
to the subdivision. While Longworth Avenue represents the primary means of access to
the subdivision, Street "E", which is the extension of Rickaby Street from the subdivision
to the north, forms an alternate means of access to the subject lands. Either the applicant
or Eiram Development Corporation must construct the portion of Rickaby Street within
the plan of subdivision to the north.
4.12 The applicant has recently requested that a subdivision layout be approved on the school
site. This plan would only be implemented if the Public School Board decided not to
exercise its option on Ihe property. Staff must confer with the Public School Board prior
to providing comment on the proposal.
5. CONCLUSIONS
5.1 Staff will continue to work with the applicant to resolve these issues pnor to the
scheduled Ontario Municipal Board hearing. A further report on a recommended
position for the hearing will be forwarded to Committee for consideration on May 1,
2000.
Respectfully submitted,
Reviewed by,
o r~Q ~€C),~
Davi ome, M.C.I.P., R.P.P.
Director of Planning and Development
RH*DJC*cd
Attachment #1 - Key Map
Attachment #2 - Draft Plan of Subdivision
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer
605
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REPORT PD-035-00
PAGE 6
Interested parties to be notified of Council and Committee's decision.
Lizjan Developments Inc.
3845 Bathurst Street
Suite 103
Downsview, Ontario
M5H 3N2
Mr. Julius DeRuyter
PMG Planning Consultants
227 Bridgeland Avenue
Toronto, Ontario
M6A lY7
Mr. John Rackstraw
7 Hooper Square
Bowmanville, Ontario
LlC 4X7
606
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KEY MAP
SCHEDULE OF LAND USE
SCALE . NTS
M01'O"O ,".0 U..
. Single Detached - Links 09.Qm
:II Single Detached 01Q,5m
'tI Single Detached I) 12.2m
TOTAL
44 lots
.5110\s
41 lots
1J610ts
LO"....LO<O\
Residential
School
Pork
Future Residential
Fu'ureUse
Rood Widening
Future Roods
Roods
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104-3-.104-4
5.1151'10
2.031110
0.461ho
0.2004-ho
0.28J 110
0.051110
0.005ho
2.450110
10.600110
TOTAL
OWNER'S CERTIFICATE SURVEYOR'S CERTIFICATE
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L1ZJAN DEVELOP~ENTS INC. W~~PANY LTD.
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ADDITIONAL INFORMATION
~ooul". Un'" S"hon 1l<12! Of Tho "10""1 A" 0,5.0 ."
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DRAFT PLAN fjiJ
of Subdivision ~
OF PART OF LOT Q,
CONCESSION 2,
MUHlCIPAUTY OF CLARINGTON
REGIONAL MUNICIPALITY OF DURHAM Ili...1'I
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";;;;'~ ~ SO,,! 1,1000
b"~'...'...!'~ ~:-". '."'""''''
r4~..=..t, 2170
...."'" HSRI'''''w. CADD ,.",,'u..
\\},..~.P.F).!J!i 2170_0P3
'>lj;,,~ ....0.<0 JDR 1"','6' Au~ 1999 """"'0..
2170.'