HomeMy WebLinkAboutPSD-088-06
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, September 5, 2006
Report #: PSD-088-06
File #: ZBA 2001-016 and
S-C-200 1-002
By-law #:
GPP,- 3Q5-0k-, .
Subject:
REZONING AND DRAFT PLAN OF SUBDIVISION APPLICATIONS TO
PERMIT MEDIUM DENSITY RESIDENTIAL USES
APPLICANT: MARIA WULCZYN, FIRST-TECH MECHANICAL
SYSTEMS INC., AND PERCY NAPPER
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-088-06 be received;
2. THAT the revised rezoning and draft plan of subdivision applications submitted
by Weston Consulting Group Inc. on behalf of Maria Wulczyn, First-Tech
Mechanical Systems Inc., and Percy Napper be referred back to Staff for further
processing and the preparation of a further report following the receipt of all
outstanding information and agency comments; and,
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
David
Direct
Reviewed bQj.€t~ _.::l!-:!.~
. rome, M.C.I.P., R.P.P. ranklin Wu,
of Planning Services Chief Administrative Officer
RH/CPIDJC/df
25 August 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-088-06
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Maria Wulczyn, First-Tech Mechanical Systems Inc., and Percy
Napper
1.2 Agent: Weston Consulting Group Inc.
1.3 Rezoning: To rezone the subject lands from "Holding - Urban Residential
Type One ((H)R1 Zone" and "Urban Residential Type Two (R2)
Zone" to permit the development of a draft plan of subdivision.
1.4 Draft Plan of Subdivision:
To develop a draft plan of subdivision containing 3 single detached
dwelling units and a block with 9 townhouse dwelling units.
1.5 Site Area: 0.39 hectares (0.98 acres)
2.0 LOCATION
2.1 The combined lands subject to these applications are located in Courtice at 1613
Highway 2 between Sandringham Drive and Trulls Road and at 33 Kennedy
Drive (see Attachment 1). The property has frontage both on Highway 2 and
Kennedy Drive. The applicant's land holdings total 0.39 hectares (0.96 acres).
The property is located within Part Lot 31, Concession 2, in the former Township
of Darlington.
3.0 BACKGROUND
3.1 Two properties are the subject of the applications. Maria Wulczyn and First-Tech
Mechanical Systems Inc. own the property located at 1613 Highway 2, which
fronts on Highway 2 and Kennedy Drive. A small parcel of land is required from
Percy Napper at 33 Kennedy Drive immediately to the south to provide frontage
for:
. eastern-most single detached lot on Kennedy Drive; and,
· extension of municipal services from Kennedy Drive to the proposed
townhouses.
3.2 On May 19, 2006, Weston Consulting Group Inc., on behalf of Maria Wulczyn,
First-Tech Mechanical Systems Inc., and Percy Napper submitted a revised draft
plan of subdivision for the subject lands. The application proposes a block for
nine townhouse dwelling units fronting on Highway 2 and three single detached
units fronting on Kennedy Drive. The townhouses would access Highway 2
through a common rear lane while the single detached lots fronting on Kennedy
Drive would gain individual access from Kennedy Drive and/or the rear lane. The
existing single detached dwelling on the lands is now proposed to be removed
REPORT NO.: PSD-088-06
PAGE 3
from the site (See Attachment 1). The rezoning (ZBA 2001-016) and draft plan of
subdivision (S-C-2001-002) applications were initially submitted by Weston
Consulting Group Inc. to the Municipality of Clarington on June 25, 2001.
3.3 The applicants had submitted two related severance applications in the year
2000. One application (LD 159/2000) would sever the existing single detached
dwelling contained on the subject lands from the vacant property. The second
application (LD 158/2000) would sever a small parcel of land from Percy
Napper's property to provide Kennedy Drive road frontage. After being tabled on
a number of occasions, Staff recommended that LD159/2000 be denied because
the proposed severance did not conform to the Clarington Official Plan policies.
Staff recommended that LD158/2000 be tabled for a further year. On September
14, 2004, the decisions of the Durham Region Land Division Committee were
appealed to the Ontario Municipal Board. A hearing initially scheduled for
February 16, 2005 on this matter has been adjourned indefinitely.
3.4 The severance application LD 159/2000 did not conform with the Clarington
Official Plan, hence the applicants filed an application on January 27, 2005 to
amend the "Special Policy Area F - King Street Corridor" policies in the
Clarington Official Plan to permit low and medium density residential uses as well
as facilitating the severance and retention of the existing single detached
dwelling fronting on Highway NO.2 from the subject lands. A Public Meeting was
held for this application on March 7, 2005.
3.5 On February 16, 2006, the applicant appealed the rezoning (ZBA 2001-016) and
subdivision (S-C-2001-02) applications to the Ontario Municipal Board. The
applicant wishes to schedule a hearing date during the fall in order to receive
approvals for these applications. As such, Council no longer has the jurisdiction
to make a decision on these applications. However, in preparing for the
Municipality's position on the revised proposal, it was deemed important to have
input from adjacent residents.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The property owned by Maria Wulczyn and First-Tech Mechanical Systems Inc.
is vacant and contains some low vegetation and young trees around the
perimeter. An existing single detached dwelling is located on the east side of the
Highway 2 property.
4.2
Surrounding Uses:
East -
North -
West -
South -
Urban residential
Urban residential
Courtice Motel and Scoops ice cream shop
Urban residential
REPORT NO.: PSD-088-06
PAGE 4
5.0 PROVINCIAL POLICY STATEMENT
5.1 The Provincial Policy Statement identifies settlement areas as the focus of
growth and promotes residential intensification of vacant and underutilized
property. The proposed development is consistent with the Provincial Policy
Statement.
6.0 OFFICIAL PLAN POLICIES
6.1 The lands are designated "Living Area" within the Durham Regional Official Plan.
Residential uses are permitted within this designation. The application conforms
to the policies.
6.2 The Clarington Official Plan designates the property "Special Policy Area F - King
Street Corridor". Medium and high density residential uses are permitted within
this designation. The proposed development conforms to the medium density
housing range both in terms of density and housing mix. While there are three
single detached dwellings proposed, the predominant proposed and future
housing form is townhouse development.
7.0 ZONING BY-LAW CONFORMITY
7.1 The lands at 1613 Highway 2 are currently zoned "Holding-Urban Residential
Type One ((H)R1) Zone", which does not permit the proposed housing mix. In
order to permit the proposal, a rezoning application was submitted for
consideration.
7.2 The portion of land at 33 Kennedy Drive is zoned "Urban Residential Type Two
(R2) Zone", which recognizes the existing development. In order to permit the
proposal, the rezoning application also covers this area.
8.0 PUBLIC NOTICE AND SUBMISSION
8.1 Public notice was given by mail to each landowner within 120 metres of the
subject site and two public meeting notice signs were installed on the property's
road frontages. No general inquiries have been received on this development
application.
9.0 AGENCY COMMENTS
9.1 A number of relevant agencies were circulated on this revised application for
comment. The Kawartha Pine Ridge District School Board has no objections to
the application.
REPORT NO.: PSD-088-06
PAGE 5
9.2 The Clarington Emergency Services Department has reviewed the temporary 20
metre turning radius proposed by the applicant. The Emergency Services
Department is prepared to accept the proposed configuration only as a
temporary situation until Kennedy Drive is extended further to the west in
conjunction with redevelopment of adjacent lands.
9.3 The Clarington Engineering Services Department has no objections provided that
the following issues can be addressed.
. No access will be permitted to Kennedy Drive from the townhouses.
. The driveway to 33 Kennedy Drive (Percy Napper's property) modified to
accommodate the driveway of the eastern-most proposed lot.
. A preliminary grading and drainage plan must be submitted to show how
stormwater will be conveyed from the proposal.
9.4 The Durham Region Planning and Durham Region Public Works Departments
have no further objections to the proposal and have as such provided conditions
of draft plan approval. Standard conditions that must be fulfilled by the applicant
include preparation of a draft plan of subdivision, conveyance of road widenings
on Highway 2, preparation of a noise report, extension of full municipal services,
and preparation of a Record of Site Condition satisfactory for the Ministry of
Environment.
9.5 Central Lake Ontario Conservation Authority has indicated that the applicant
must provide site grading and drainage plans, servicing plans, and engineering
information to demonstrate how stormwater will be conveyed from the site.
9.6 Due to the limited commenting period, comments from the separate school board
have not been received to date.
10.0 STAFF COMMENTS
10.1 The Highway 2 Corridor in Courtice is an area of transition from the original large
lot single detached dwelling to an area of more intense uses to take advantage of
the Regional Transit Spine. "Highway to Mainstreet: Courtice Highway 2 Corridor
and Main Central Area Study" was completed in June 2001 to provide assistance
with the transition of the area in facilitating redevelopment or infill development.
The study recommended that the subject lands be designated for medium and/or
high density residential uses. The proposed Secondary Plan presented in 2002
would permit low density housing fronting on Kennedy Drive as a buffer between
existing low density areas and new medium or high density residential areas
fronting on Highway 2.
10.2 On June 17, 2002, Staff forwarded a report for Committee and Council's
consideration with a proposed secondary plan for the study area. A number of
delegations requested that various policies in the plan be changed. On that
REPORT NO.: PSD-088-06
PAGE 6
basis, Council tabled the report and directed Staff to meet with these landowners
to resolve the issues. Since Staff have not been able to revisit this study to date,
these matters remain outstanding.
10.3 During several discussions with the applicant's agent, Staff have reiterated that
while the intensification portion of the proposal was acceptable, the proposed
severance and retention of the existing single detached dwelling fronting on
Highway 2 could not be supported. The proposal contains a private rear lane
that could be extended eastwards to facilitate intensification of properties located
at 1615 and 1617 Highway 2. Staff have always been concerned that severing
the existing dwelling would preclude an extension of this lane to the east. While
previous plans had always proposed this severance, the revised application is a
significant departure from previous submissions. Staff have indicated that the
revised application is now consistent with the intent of the Clarington Official Plan
and that Staff, in principle, support the proposal, provided that all technical
agency issues are resolved.
10.4 The proposal shows a temporary turning circle on site to serve the proposed
townhouse block, which would allow for emergency service vehicle turning
movement and snow storage. Should development be extended further
eastward, the turning circle would be replaced by two or three additional
townhouse dwelling units in conjunction with adjacent development.
10.5 Since the applicant has now appealed the rezoning and draft plan of subdivision
applications to the Ontario Municipal Board, Council no longer has the authority
to make a decision on these applications. Once all of the final comments and
information has been received for these applications, Staff will prepare a report
for Council's approval providing direction to Staff to outline Council's position at
any future Ontario Municipal Board proceedings.
11.0 RECOMMENDATIONS
11.1 As the purpose of this report is to satisfy the requirements for Public Meeting
under the Planning Act, and taking into consideration all of the comments
received, it is respectfully recommended that this report be referred back to Staff
for further processing and the preparation of a subsequent report.
Attachments:
Attachment 1 - Key Map and Proposed Draft Plan of Subdivision
REPORT NO.: PSD-088-06
PAGE 7
List of interested parties to be advised of Council's position:
Peter Weston, Weston Consulting Inc.
Gerard Borean, Parente, Borean LLP
Tom Robinson
Gordon Lund
Maria Wulczyn and First-Tech Mechanical Systems Inc.
Percy Napper
Bill Clark
Ontario Municipal Board
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