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HomeMy WebLinkAboutPD-137-99 ~ ilIt. ~. / ~ DN: PD137-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File# PO...ril:<i1():J-! Res. tiOfJlf-53r--11 . Date: Monday, December 6,1999 Report #: PD-137-99 File #: 18T-89021 By-law # Subject: SCUGOG DEVELOPMENTS INC. DRAFT APPROVED PLAN OF SUBDIVISION - SOUTHWEST CORNER OF SCUGOG ROAD & LONGWORTH DRIVE, BOWMANVILLE FILE: 18T-89021 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-137-99 be received; 2. THAT the Committee and Council provide direction to staff as per the options identified in Section 3; and 3. THAT all interested parties listed in this Report and any delegation be advised of Council's decision. 1. BACKGROUND: 1.1 In May 1997 Scugog Developments Inc. purchased the 1.539 ha (3.8 acre) parcel ofland located on the south east corner ofScugog Road and Longworth Avenue. The parcel of land had previously received Draft Approval on. October 10, 1990, for 45 townhouse units. (see attachment No.1). 1.2 The Owner retained G. M. Sernas & Associates to commence the engineering drawings and work towards the completion of a subdivision agreement later that year. The Public Works Department review of the engineering drawings through the spring of 1998 628 . W' ~ REPORT NO.: PD-137-99 PAGE 2 identified concerns regarding poor driveway access, and a lack of on-street parking. An "on-street parking plan" was requested demonstrating that adequate on-street parking is being provided. The letter further suggested that revisions to draft approval could be required in order to achieve compliance. At the time the Municipality recommended draft approval of the subject lands, the Municipality did not require the submission of an on-street parking plan. 1.3 In April, 1999, staff presented a report regarding on-street and off-street parking in residential areas. The report among other things identified nine (9) draft approved plans of subdivision with potential parking problems. Draft approved plan of subdivision 18T- 89021 together with a portion of the lands from draft approved 18T-87087 where identified as a problem area. The report further recommended that staff negotiate with the various landowners to modifY the subdivision design to improve the parking problems. 1.4 Three of the nine subdivisions had the most severe problems as follows: . the subject draft plan of subdivision (18T -89021) and the related draft plan of subdivision to the north (18T-87087) would result in 84 street townhouses on the future Crago Court . the draft plan of subdivision 18T-9l005 on the north-east quadrant of Nash Road and Trulls Road. The owner's representative Mr. William Manson and staff worked out revisions to the draft approved plan to revise the unit mix from 110 townhouse units to 53 townhouse units and 38 semi-detached/link units. Council approved the proposed revisions in July, 1999. 2. DISCUSSION: 2.1 The owner, his agent and staff from the Planning and Public Works Department met on several occasions to find a resolution to the parking issues. The draft approved plan would allow for a total of seven (7) on-street parking spaces. The Municipality's guidelines require 15 on-street spaces (1 for every 3 townhouse units). In addition, the lands immediately to the north of the subject lands are Draft Approved for an additional 629 " REPORT NO.: PD-137-99 PAGE 3 39 townhouse units. The two draft approved plans forming Crago Court have a total of 84 townhouse units and require 28 on-street parking spaces in accordance with the Municipality's guidelines. Only 9 on-street parking spaces are available. Staff consider that the current draft approved plans of subdivision will create a serious on-going problem for the Municipality. 2.2 The solutions proposed to date are: . Public Works Department has agreed, to permit over-sized pavement at the corners so the driveways can be aligned without kinks or overlapping. The Municipality's design guidelines currently do not recommend the use of this technique. . The sidewalk will be located on the north side of the street thereby minimizing the number of driveways that could be impacted. . The Owner has offered to provide a shed with each unit in order to ensure the garage area is used for parking and not storage of household items. . The Owner would register a clause against title advising the garage is to be used for parking of motor vehicles and not storage. Notwithstanding the above, the above changes do not increase the on-street parking availability. 2.3 Staff met with Halloway Holdings Ltd., the landowner for the north portion of Crago Court (18T-87087). They advised that they are not interested in developing these lands at this time and therefore do not wish to spend any time or money dealing with the issue. In addition, they advised that the portion of their subdivision where Crago Court is to develop is being used as part of a temporary storm water management feature for other lands in 18T-87087 which are developing along Longworth Ave. 2.4 In dealing with both the on-street and off-street parking issue, it is believed that Crago Court should be considered in its entirety. When plans of subdivisions are being reviewed for draft approval, designs are reviewed irrespective of lot lines. The review of this issue should follow a similar approach. It is one street with 84 draft approved townhouses with only nine (9) on-street parking spaces. 630 ~ '. REPORT NO.: PD-137-99 PAGE 4 3. ALTERNATIVES Staff's negotiations with the developer are at a stalemate. This report is providing a summary of the negotiations and request further direction from Council. Four possible options are provided for Council's consideration. Option No.1 - No Change That staff be directed to proceed to prepare a subdivision agreement with Scugog Developments Inc. based upon the draft approval received on October 10. 1990. for the 45 townhouse units. While the solutions to date provide for some relief to the off-street parking situation, the on-street parking problem would remain acute relative to the Municipality's current policy. Accordingly staff do not recommend this option. Option No.2 - Not to Proceed to Subdivision Agreement That staff be directed not to proceed to the preparation and registration of the subdivision agreement until such time as nearing the final phase of plan of subdivision 18T-87087 is registered. The applicant provides approximately one half of the requirements under the Municipality's policies. The proposal for the north portion of Crago Street within l8T- 87087 provides only 15% of the required on-street parking spaces. A solution to the on- street parking should consider both plans. Since the subject lands are dependent on the development of the Halloway Holdings Ltd. lands and they are not in a position to review this matter at this time, the issue could be deferred to a later point in time. This would be staft's preferred option. Option No.3 - Revision to 18T-89021 That staff be directed to bring forward a proposal to revise the draft approved plan of subdivision to comply with the on-street parking requirements of 1 parking space for every 3 units for recommendation to the Region. 631 , ,J " REPORT NO.: PD-137-99 PAGE 5 This option would consist primarily of a reduction in the number of dwelling units and other changes to the road design as identified above. This option only partially deals with the problem since the other portions of Crago Street where the problem is more acute. It doesn't allow for a wider array of design solutions since the lands to the north would be fixed. In addition, it has the inherit problems of a legal challenge as identified in Option 4. Accordingly staff do not recommend it. Option No.4 - Withdraw Draft Approval That the Region of Durham be requested to withdraw draft approval for draft plan of subdivision 18T-89021 and that portion of draft plan of subdivision 18T-87087 which comprises of lots fronting onto Crago Court. This option would require both developers to submit revised applications to be evaluated. This could be done at such time as both developers are ready to proceed. In many ways this would be preferable since the design of the street could be reviewed with a fresh start. However, should Options 3 or 4 be chosen, the developer(s) would have the ability to appeal the plan of subdivision(s) to the Ontario Municipal Board. This would be expensive and should be avoided if at all possible. 4. CONCLUSION: Discussions with the developer have reached a stalemate. The deferral of the preparation of the subdivision agreement would allow for Halloway Holdings Ltd. to contribute to an overall solution. Accordingly staff would recommend Option 2 at this time. Reviewed by, a~~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer Da d . rome, M.C.I.P., R.P.P. Director of Planning & Development CP*DJC*jip Attachment No.1 Attachment No. I Key Map Crago Court lotting pattern 632 , .' REPORT NO.: PD-137-99 PAGE 6 / ,,,-F Interested parties to be notified of Council and Committee's decision: Daryl Gowdy G.M. Semas & Associates Ltd. 11 0 Scotia Court, unit 41, Whitby LlN 8Y7 Ram Niscal Scugog Developments Inc. 23 Wingate Crescent Richmond Hill L4B 313 Halloway Holdings Ltd. 177 Nonquon Road, 20th Floor OSHA W A, Ontario Ll G 3S2 633 ATTACHMENT NO.1 _ SUBJECT SITE LOT 13 LOT 12 ST. c- ---1W , BOWMANVILLE KEY MAP 18T -89021 634 N Z o en en --' w :!I() ClZ o () t ~I ATTACHMENT NO.2 C) o C) :J () (/) t /" /" , \~ /"/" \/"/" /"/" /" /" /" /" /" /" /" /" /" /" /" '.........-/ // /" /" /" /" /" /" /" /" /" /" t'.~\j~ ~'\1 v O~~'(\ ~G~ \...0 w W 0:::1 I-- (/) , I I I I I I , 18T -87087 18T-89021 635