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HomeMy WebLinkAboutPSD-088-06 CJ!1!-ilJglon 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. 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