Loading...
HomeMy WebLinkAboutPD-93-99 .ts��..DN: PD03-99 TIRE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File# Date: Monday,August 30, 1999 Res. #6r -? Report#: PD-93-99 File#: 18T-99005 By-law# Subject: PROPOSED PLAN OF SUBDIVISION APPLICATION APPLICANT: DURHAM CAPITAL MANAGEMENT INC. PART LOT 35,CONCESSION 2,FORMER TOWNSHIP OF DARLINGTON EXTENSION OF BRIDLE COURT-COURTICE FILE NO.: 18T-99005 Reconunendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-93-99 be received; 2. THAT the application for proposed plan of subdivision 18T-99005, submitted by Durham Capital Management Inc., dated February 1999, as per Attachment No. 2 be APPROVED subject to the conditions of Draft Approval contained in Attachment No. 3; 3. THAT the Mayor and Clerk be authorized by By-law to execute a Subdivision Agreement between the Owner and the Municipality of Clarington at such'time as the agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; 4. THAT the Durham Region Planning Department and all interested parties listed in this report and any delegations be advised of Council's decision. L APPLICATION DETAILS 1.1 Owner: Durham Capital Management Inc. 1.2 Proposed Subdivision: Proposed eight (8) single family dwelling lots with a minimum 15.0 m frontage. 1.3 Area: 0.7 ha(1.73 acres) 2. LOCATION 2.1 The subject lands are located in Part Lot 35, Concession 2, former Township of but i a a - REPORT PD- 93-99 PAGE 2 the north, Townline Centre Plaza to the west and south and Varcoe Road to the east. The application allows for the extension and completion of Bridle Court with an additional eight lots. 3. BACKGROUND 3.1 The Region of Durham circulated the subdivision application to the Municipality of Clarington for comments on April 6, 1999. The application will permit the extension and completion of Bridle Court with an additional eight (8) single detached dwelling units. Bridle Court as currently developed has twenty (20) single detached dwelling lots. The proposed lots have a minimum frontage of 15.0 metres. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Vacant land 4.2 Surrounding Uses: East - existing residential fronting on Bridle Court West - Townline Centre Plaza South - Townline Centre Plaza North - existing residential fronting on Nash Road 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Regional Official Plan the subject lands are designated "Living Area". The predominant use of land within this designation shall be for housing purposes. The application conforms. 5.2 Within the Clarington Official Plan the subject lands are designated Urban Residential. The property is located within the Worden Neighbourhood of the Courtice Urban Area. The predominant use of land within the Urban Residential designation shall be for housing purposes. Development within the urban residential designation shall generally be less than 30 units per net ha, and the predominant housing form includes single detached dwellings. The application conforms. 602 r REPORT PD- 93-99 PAGE 3 6. ZONING BY-LAW PROVISIONS 6.1 The subject lands are zoned "Holding — Urban Residential Type One ((H)Rl)". Said zoning permits the development of single detached dwelling lots based on a minimum 15.0 metre frontage and a 460 mZ lot area. The (IT) Holding symbol may be removed by By-law, upon Council being satisfied that the proposed use is adequately serviced and necessary agreements in this regard have been entered into. An application for removal of holding is required prior to issuance of building permits should the application be approved. 7. PUBLIC METING 7..1 A Public Meeting in accordance with the requirements of the Planning Act was held June 7, 1999 for the proposed subdivision application. Staff received various calls from homeowners on Bridle Court prior to the meeting. One caller requested the Municipality ensure all future homes will be in keeping with existing 200 mz (2200 sq. ft.) floor area of homes on Bridle Court. Staff advised that the RI zone, which applies to the existing and proposed sections of Bridle Court,requires a minimum 85 m2 (915 sq. ft.)for a bungalow i and 100 m2 (1076 sq. ft.) for a one and half or two storey dwelling. The resident also requested a walkway be constructed from the proposed Bridle Court extension to Nash Road. The caller suggested previous plans, when the first phase of Bridle Court was IY constructed, indicated a future walkway access from the cul-de-sac to Nash Road. The subdivision application does not have a frontage on Nash Road. In order to accommodate this request for a walkway, acquisition of additional lands would be required. 7.2 A second caller supported the proposal but was concerned about construction traffic management for the proposed development. In addition, this Bridle Court resident did not want to see any walkways constructed as part of this development, to either,Nash Road or the plaza. The caller suggested that crime has dropped on the street since the adjacent plaza was constructed limiting access to Bridle Court. 603 REPORT PD- 93-99 PAGE 4 7.3 Debbie Clark, a representative of Valiant Property Management, the owners of the adjacent Townline Centre Plaza, spoke at the public meeting. She advised Committee that they own a commercial plaza adjacent to the proposed development. She requested that people buying homes in the proposed development should be advised and requested to recognize there is a plaza and that the uses in the plaza may change in the future, as merchandising requirements to maintain a viable shopping centre may evolve. In addition the fixture property owners must acknowledge that the grades and fence are to remain as they are presently, and the homeowners will not change either the grade or the acoustical properties of the fence. She requested that warning clauses to address both issues must be registered on title to ensure the protection of all future purchasers and to prevent them from claiming they were unaware that changes to the usage will no doubt occur. 8. AGENCY COMMENTS 8.1 In accordance with department procedures, the application was circulated to obtain comments from other departments and agencies. The following agencies or departments have advised they have no objection to the approval of the proposed development: • The Clarington Fire Department; • The Kawartha Pine Ridge District Public School Board • Peterborough Victoria Northumberland Clarington Catholic District School Board 8.2 Central Lake Ontario Conservation Authority staff have verbally advised that they have no objection to the proposed development. However, prior to final approval they require the applicant to satisfy CLOCA with respect to all stormwater management issues. 8.3 The Region of Durham Works Department advised that municipal water and sanitary sewers are available to the proposed development from existing 150 mm watermain and 250 mm sanitary sewer at the west limits of existing Bridle Court. The developer will be required to submit a soils report for the Region's review. The Regional Works Department has no objection to approval of the application subject to conditions. 604 REPORT PD- 93-99 PAGE 5 8.4 The Clarington Public Works Department reviewed the application and advised they have no objection subject to various conditions being incorporated in the subdivision agreement. The conditions include: • Prior to issuance of building permits the applicant is required to remove the existing turning circle at the westerly limits of Bridle Court and reconstruct the road to an urban standard. The applicant will be responsible for the restoration of any entrances located proximal to the existing turning circle; • This application is beneficial to oversized storm sewer works contained within the adjacent subdivision. The applicant will be required to make payment for an appropriate share of the cost of these works; • The applicant must submit a Preliminary Grading and Drainage Plan detailing the collection of post development drainage from the proposed subdivision and conveyance to an approved outfall location. The post development drainage must be self contained and not directed onto adjacent private property; and • The applicant will be required to provide an appropriate cash-in-lieu of parkland dedication. 8.5 Bell Canada indicated they have two conditions of approval for the subject development. Both conditions deal with satisfying Bell Canada and the Municipality with respect to service location. 9. STAFF COMMENTS 9.1 The proposed eight (8) lot 15.0 metre (50 ft) minimum frontage plan of subdivision application is an infill development. Bridle Court is currently constructed with a total of twenty (20) lots, all having a minimum 15 metre frontage. Bridle Court was constructed with a temporary cul-de-sac. This application proposes to complete the street with a proper tum-around facility. 9.2 The subject lands have recently been amalgamated through the severance of three (3)rear yards from lots fronting on Nash Road,as well as a strip of land from the commercial development to the south. All lands are designated Urban Residential, and zoned "(ll)R1". Both the development of Bridle Court, as well as the development of the Townline Centre plaza envisioned and accommodated the proposed development. 605 4 REPORT PD- 93-99 PAGE 6 9.3 Through the development of the adjacent commercial plaza, residents of Bridle Court were very vocal that they did not want to see a walkway access to the plaza provided from Bridle Court. They did not want their street becoming a short cut for residents to the east to access the commercial development. A walkway to Nash Road was not contemplated at that time or when the land assembly and related severances, for the subject lands,was being completed. Staff do not consider a walkway to Nash Road to be feasible at this time or of significant benefit to the transportation network of the area. 9.4 Parking both on-site and on-street has been of issue recently in residential developments within the Municipality. In consideration of the 15 in frontage lot size, staff do not foresee a problem in providing two outdoor parking spaces on each lot. A parking plan has not been prepared for this development, however it has been staff s experience that developments with large single detached dwelling lots have typically not had problems related to on-street parking. 9.5 The subject property has a common property line with the Townline Centre on its west and south property limits. This property line is currently delineated with a 2.13 metre (7 R) high noise attenuation fence. Through the site plan approval process for the commercial development a noise mitigation study was prepared. The study considered noise impacts from delivery trucks and roof-top mechanical units on future residential lots on the subject property. As a result, the commercial proponent was required to install noise fencing on the shared property line, the west and south limits of the subject residential lands. The applicant for the subject proposal has submitted a noise attenuation update report in support of the residential development. The report confirms that noise levels in both the rear yard and bedroom locations will be within acceptable levels as stipulated by the Ministry of the Environment and Energy. The existing fence and parapet wall constructed in conjunction with the commercial development provides appropriate noise attenuation for the proposed residential development. No additional noise mitigation is required and no warning clauses are required for the proposed residential lots. 606 REPORT PD- 93-99 PAGE 7 9.6 To address the concerns expressed by Valiant Property Management at the public meeting, a clause will be registered against title of the appropriate lots advising that the fence is there for noise attenuation, and that no openings or grade changes are permitted, The `change of use' in the plaza is not a significant issue. Floor space may be leased for any use permitted in the zone category for the plaza. Tenants will change from time to time. Any use not permitted by the zoning by-law is subject to a public process. Furthermore, given the mass of the commercial development it is expected that a potential residential purchaser would be aware of the neighbouring use. 9.7 The proposed plan of subdivision is considered to be consistent with the Provincial Policy Statement (PPS). The application proposes to develop 15.0 m single detached dwelling which have not been as prevalent in recent subdivision proposals. Therefore, the application is providing lots in a range of the market currently under represented in Clarington. Furthermore, the application is considered an infill development, this is consistent with the provisions of the PPS for residential intensification. 10. CONCLUSION 10.1 In consideration of the above comments staff support the, approval of the proposed draft plan of subdivision, subject to the conditions of draft approval as contained in Attachment No. 3. Respectfully submitted, Reviewed by, Davi J rome,M.C.I.P.,R.P.P. Franklin Wu,M.C.I.P.,R.P.P., Director of Planning&Development Chief Administrative Officer CP*DJC*cc August 23, 1999 Attachment No. 1 - Key Map Attachment No. 2 - Proposed Plan of Subdivision Attachment No. 3 - Conditions of Draft Approval 607 ATTACHMENT NO.1 ® SUBJECT SITE LOT 35 J N�SH jR0�4D� Z _ 0 0 0 w z J o —_ C T N LLT r- - z cl 0 O (n cn W w HIGH AY 2 Z O V) U 0 a o -- -T 1 z o z -i z S COURTICE y 8T-99005 KEY MAP bug ATTACHMENT NO.2 LU ti � O I NIM cr) m M ry 4jM J � � • k v ti14 .� J� +n F w E' oaL .4 M.00,90.91 a M W PLA `40R - 3228. PART 5\ 61 fASEb£ T PART*,4 N PART 3 PLAN / 3228 i Q R PART.3 h Zk �I O w M _ �l_2 �. PLAN,, `.40R 1853 t� -7:45' 10•w .23 NIT<29'50'M` 46.61 - ._Ex eazre..rswcE __. 669L1 2/06 NV7d s 1NVd Z, F LO VZV7d 7V 1 JN3 fioj X3 G Q � O r b � � CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-99005 prepared by D. G. Biddle & Associates Limited dated February 1999 showing Lots 1 to 8 inclusive for single family detached dwellings. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Municipality of Clarington and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 5. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. The Grading and Drainage Plan must detail the collection of post development drainage from the proposed subdivision and conveyance of an approved outfall location. The post development drainage must be self contained and not directed onto adjacent private property. The Plan must also demonstrate how major overland flow will be conveyed from the cul-de-sac. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 6. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipalilty's standard subdivision agreement, including,but not limited to, the requirements that follow. 7. That all easements, road widening and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. 8. That the Owner shall pay to the Municipality at the time of execution of the subdivision agreement, five percent(5%)cash-in-lieu of parkland dedication; 9. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the owner. 611 2 CONDMONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 10. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 11. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 12. That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 13. That the Owner shall adhere to architectural control requirements of the Municipality. 14. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced. In addition, the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code. Storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 15. That prior to the issuance of building permits, the applicant is required to remove the existing temporary turning circle at the westerly limit of Bridle Court and reconstruct the road to an urban standard. This shall include asphalt paving, curb and gutter, boulevard sod,.sidewalks, street lighting and street trees in a manner satisfactory to the Director of Public Works. The applicant will also be responsible for the restoration of any entrances located proximal to the existing turning circle. The costs of this road work and any associated road works is 100%the responsibility of the Owner. 16. The subject property is situated adjacent to registered plan of subdivision 1OM-822. The subdivision agreement requires the Municipality to endeavour to collect an appropriate share of the cost of any oversized or external works from benefiting developers. This application under consideration is a beneficiary of oversized storm sewer works contained within the adjacent subdivision. The applicantlowner will be required to make payment for an appropriate share of the cost of these works. The final cost will be determined at the time of registration of the subdivision agreement and the amount will be calculated in accordance with the terms and conditions of registered plan of subdivision 1OM-822. 612 -3- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUD D IN SUBDIVISION AGREEMENT (CONT'D) 17. That all driveway entrances for lots 1 to 8 inclusive be approved by the Director of Public Works. H. That the Builder include a disclosure in all purchase and sale agreements advising home buyers that, the fence on the rear property line of lots 3 to 8 inclusive is a noise attenuation fence and that it may not be structurally altered in any way. 19. 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. 20. That the Owner agrees that all 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%). 21. Any parking space within a garage shall be a minimum area of 18.58 m2 and shall have a minimum width of 3.0 metres. 22. That the applicant provide a construction traffic management plan to the satisfaction of the Director of Public Works,prior to any on-site work commencing. 23. That the applicant provide the Planning Department, on disk in a CAD format acceptable to the Municipality a copy of the Plan of Subdivision as draft approved, and as per final approval. 24. That the requirements of the Central Lake Ontario Conservation Authority be satisfied financially and otherwise. 25. That the requirements of the Region of Durham Works Department be satisfied financially and otherwise. 26. That the requirements of Bell Canada be satisfied financially and otherwise. 613