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HomeMy WebLinkAboutPD-47-98DN: PD-07-98 e• THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File #~IZ- ITT` ~~~ Date: MONDAY, APRIL 20, 1998 Res. #~S~i`~'a3y 9~ Report #: PD-47-98 FILE #: 18T-97028 By-law # Subject: DRAFT PLAN OF SUBDIVISION APPLICANT: W. E. BOTH CONSTRUCTION LTD. PART LOT 31, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE NO.: 18T-97028 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-47-98 be received ; 2. THAT the application for proposed draft plan of subdivision submitted by W. E. Roth Construction Ltd. be referred back to staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments, taking into consideration all of the comments reviewed; 3. THAT within 15 days of the Public Meeting, the Commissioner of Planning for the Region of Durham be advised and provided, by sworn declaration from the Clerk, the following: i) that the Municipality held a Public Meeting in accordance with Section 51 (21.1) of the Planning Act for the subject subdivision application; ii) a copy of the minutes of said meeting; iii) a copy of all written submissions received by the Municipality; iv) a list of all persons and public bodies, including their mailing addresses, which made oral submissions at the public meeting, or written submissions; and v) a copy of the report and the Council decision; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 607 REPORT NO.: PD-47-98 1. APPLICATION DETAILS 1.1 Applicant: W. E. Roth Construction Ltd. PAGE2 1.2 Agent: D. G. Biddle and Associates Ltd. 1.3 Draft Plan of Subdivision: to develop a draft plan of subdivision containing one (1) single detached dwelling unit, eighteen (18) semi-detached dwelling units and two (2) blocks for future residential development. 1.4 Site area: 0.80 hectares (1.98 acres) 2. LOCATION 2.1 The subject property is located at 2322 Trulls Road South, which is immediately south of Yorkville Drive in Courtice. The legal description is Part Lot 31, Concession 2, former Township of Darlington (Attachment #1) 3. BACKGROUND 3.1 On December 15, 1997, the applicant filed the application for draft plan of subdivision with the Region of Durham Planning Department in order to permit the development of one (1) single detached dwelling unit, eighteen (18) semi-detached dwelling units and two (2) blocks for future residential development. A subsequent application was also filed with the Municipality of Clarington. 3.2 The owner of this development is also the owner of draft approved plan of subdivision (18T-89082) immediately to the south of this proposed application (Attachment #2). The owner is currently working on fulfilling the conditions of draft approval for 18T-89082. Access to the lots within 18T-97028 will be from a street within 18T-89082. The two blocks reserved for future residential development within 18T-97028 will be joined with a block from 18T-89082, thereby permitting the development of three (3) additional units between the two plans of subdivision. U~~ REPORT NO.: PD-47-98 PAGE 3 4. EXISTING AND SURROUNDING USES 4.1 Existing Use: large lot residential 4.2 Surrounding Uses: North: urban residential South: draft approved plan of subdivision 18T-89082 East: urban residential West: urban residential 5. OFFICIAL PLAN POLICIES 5.1 The subject lands are designated "Living Area" with the 1991 Durham Region Official Plan. Residential development is permitted within this land use designation. The application conforms with the Regional policies. 5.2 The subject lands are designated "Urban Residential" within the Clarington Official Plan. Residential development consisting of single detached, semi-detached/linked, and duplex dwelling units are permitted within this land use designation. Development densities are set at 10 to 30 units per hectare. The subdivision proposes a total of 19 dwelling units at a net density of 23.7 units per hectare. The application conforms with the Clarington Official Plan. 6. ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently zoned "(Holding) Urban Residential Type One ((H)Rl)". The "Rl" zone permits single detached and semi-detached/linked units. A removal of Holding would be required prior to development. The application complies with Zoning By-law 84-63. As of the writing of this reports an application has not been filed to remove the Holding symbol. 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Pursuant to Council's resolution of July 26, 1982, and the requirements of the 609 REPORT NO.: PD-47-98 PAGE4 Planning Act, the appropriate signage acknowledging the application was erected on the subject lands. The required notice was mailed to each landowner within the prescribed distance. 7.2 Two (2) written submissions (Attachments #3 and #4) and five (5) verbal inquiries have been received from residents of Yorkville Drive, whose properties abut the proposed development. The preservation of the existing trees and hedges on the subdivision site, and traffic generation, were the concerns raised. These issues will be addressed in Section 9 of this report. 8. AGENCY COMMENTS 8.1 The application was circulated to solicit comments from other relevant agencies and departments. To date, comments of no objection have been received from the following agencies: Canada Post; Bell Canada; English Language Public District School Board No. 14; Clarington Community Services Department; and Clarington Fire Department. 8.2 Comments from Central Lake Ontario Conservation indicate no objection to the proposal. The proposed Plan of Subdivision is within the Robinson Creek watershed. As such, water quality and quantity controls for the development are required to comply with the approved Robinson Creek Drainage Plan and its Addendum. Authority staff require that appropriate reports and plans be submitted for their approval prior to final registration of the plan. They have submitted this requirement to the Region of Durham Planning Department as a condition of draft approval of the subdivision. 8.3 The Clarington Public Works Department has no objection to the proposal subject to standard conditions and the following: 610 REPORT NO.: PD-47-98 PAGE 5 • A 5.0 metre road widening and a 0.3 metre reserve on Trulls Road is to be dedicated to the Municipality and granted free and clear of all encumbrances; • The applicant is responsible for 100% of any costs associated with removal of the 0.3 metre reserve situated at the north limit of draft plan of subdivision 18T-89082; • No building permits will be available until the draft plan of subdivision to the south is completed in a manner satisfactory to the Director of Public Works; • The storm water drainage works and facilities necessary for this subdivision must be constructed in accordance with the Robinson Creek Master Drainage Study; • The applicant's engineer will be required to prepare a grading and drainage plan that details the configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this subdivision. The Plan must conform to Municipal Guidelines and demonstrate that all storm flows are self contained within the plan of subdivision and conveyed to the municipal road allowance; • The existing house, garage, well, and entrance to the subject property must be physically removed prior to the issuance of an authorization to commence Works; • The application will be required to provide an appropriate cash contribution in lieu of parkland dedication. 611 REPORT NO.: PD-47-98 PAGE 6 8.4 Comments still remain outstanding from the following agencies: Durham Region Planning Department; Durham Region Public Works Department; PeterboroughNictoria/Northumberland/Clarington Separate School Board; and Ontario Hydro. 9. STAFF COMMENTS 9.1 Adjacent Residential Development This application is immediately north of draft approved plan of subdivision 18T- 89092, which is owned by the same developer. The access for the lots in the proposed plan will be onto a street within 18T-89082. This application for subdivision approval cannot proceed until the subdivision to the south is at a satisfactory stage to permit its full development. 9.2 Public Concerns In January the applicant began surveying the trees on the property as part of the preparation of a tree preservation plan for this application and plan of subdivision 18T-89082. Such plans are required to be approved by the Municipality prior to residential development. The marking of the trees with coloured ribbon sparked the interests of a number of residents on Yorkville Drive whose backyards abut the proposed development. Staff have explained to these residents that the trees which are marked are those which are being considered for preservation. Whether or not they can all be preserved will depend on the final grading of the lands, the requirements for the installation of services, and the condition of the trees themselves. On March 9, 1998, staff was provided a copy of the tree preservation plan and those residents who expressed an interest in viewing the plan were notified that it was available. Two residents of the east end of Yorkville Drive have inquired about preservation of the cedar hedge which sits on their rear property line. The applicant's engineer has 612 REPORT NO.: PD-47-98 PAGE 7 assured staff that the hedge will be included on the tree preservation plan and will be evaluated for possible preservation. One resident also raised the issue of road access for this development and the draft approved plan to the south. The two plans of subdivision will not have access directly unto Trulls Road as traffic will be exiting onto Granville Drive and then onto Yorkville Drive. The caller was concerned with the increase in traffic and the safety issue for young children. Staff explained that the overall road network was approved through Draft Plan of Subdivision 18T-89082. When the lands to the south of 18T-89082 develop the traffic will follow Adair Street, which is part of 18T- 89082, south to a new collector road. 10 CONCLUSION 10.1 The purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act. Considering the number of outstanding comments, it is respectfully requested that this report be referred back to staff for further processing and the preparation of a subsequent report. Respectfully submitted, d r ~-~'.___~ Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development IL*FW*cc 18 March 1998 Reviewed by, W.H. Stockwel , Chief Administrative Officer. Attachment #1: Key Map Attachment #2: Proposed draft plan of subdivision Attachment #3: Public Submission Attachment #4: Public Submission 613. REPORT NO.: PD-47-98 Interested parties to be notified of Council and Committee's decision: W. E. Roth Construction Ltd. 1500 Highway 2, Suite 203 Courtice, On L1 E 2T5 Mr. Bob Annaert D. G. Biddle and Associates Ltd. 96 King Street East Oshawa, On L1 H 1 B6 Mr. & Mrs. Paul Leslie 19 Yorkville Drive Courtice, On L1 E 2A8 Mr. Gary Majesky 15 Yorkville Drive Courtice, On L1 E 2A8 Ms. Christine White 41 Yorkville Drive Courtice, On L1 E 2A7 Ms. Harriett Belgrave 37 Yorkville Drive Courtice, On Ll E 2A8 Mr. & Mrs. Richard Price 3 Yorkville Drive Courtice , On L1 E 2A8 PAGE8 - 614 t ATTACHMENT #1 ® SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 32 LOT 31 LOT 30 r "f _~ -_ _ i ~ ~ - - ~ L~~ ~ ~~..,1 X11 '~~ i i~l~ ~ ~~ ~ - _ ~ ~ ~ ~ ~ ~ ~ - ~! X- Th~T?~ - - I I ,- -~ ~~~~~-r11 Cl - - ~ -~ L l~,li t_ = _ ,_ _ ~~~ _ ~ ~ ~ ~ ~, ,,_., ,~~ ' _ SA~•10 ~ =y Z ,, ~ ~ ~ i ~ I ~ ~ ~ y ~ ~ -~ i ~ ~~. ,', (n ~. ~ '~' / ~ ~~ ~; ~ , ~<v ~, ~j - ,, W ~i; ~ hl ~ i ~ ~~ U ,; - ~~ Z ~ i,l, ~ _ ~ ', ~ ~;~. _~ , ~ U ~~ ~ - ;~ ~ ~ , ~..;~ ~~ ~ ~,,-~4 ,!', I - ~, i._ ~_ - i I I f ~ ~~ ~ ~ ~ g> ~ I ~ ~- -~ ~J ~~ - __ i ' :: CRE CENT __ ~ ~ - C -~ i/ I ___ _ , N COURTICE ~ 8T~97~28 KEY MAP 615 #2 x bib y ~ ... ATTACHMENT #3 Municipality of Clairington d0 Temperznce St. Bowmanville. Ontario L1C3A6 Attention Ms. I Little Planner Development Review Branch Dear Ms. Little As per our telephone conversation, I am waiting this letter to express my deep concern about the development of the property backing my own. We purchased this property in November of 1995 as much for the yard as for the house itself. So you czn imagine our disappointment to learn of the sale of this property to a developer. VJe realize that. we have no control in the expansion and development of the neighboring property however, we feel strongly about presen~ing the trees that line the rear of our property as well as those of our neighbors. ~Ne do not feel that it is tuueasonable to request that these trees be left as they are as they will not affect the grading . In fact ahoy will most likely be more than acceptable to any new home owner. At this time some of these trees have been marked with orange pieces of plastic. Our immediate concern is "4Uhat are the plans for those trees marked 7" We trust that you will agree and assist us in maintaining this little piece of the nahual beauty in ow yards. We look fonvard to hearing from you at your earliest convenience, and welcome any opportunity to become involved in the process of developing otu neighborhood. Regards Paul Leslie 19 I'orkville dr. Cotutice, Ontario L1E 2.48 9nj_433-1779 (fax #also) 617 ATTACHMENT #4 March 3Q, 1998 Planning Department Municipality of Clarington 40 Temperance Street Bowmanville, Ontario Attn.: Isabel Little Madame, This letter concerns the proposed Plan of Subdivision submitted by W.E. Roth Construction Limited for the land in Part Lot 31, Concession 2, former Township of Dazlington, now the Municipality of Clarington. My wife and I live at 3 Yorkville Drive, north side this land, Plan lOM -821, Lot 31, 64. I have a concern regarding the cedar hedge that is presently sepazating my backyard (and a number of other residents on Yorkville Drive) with the adjacent lot. This hedge is approximately six feet in height. This cedar hedge gives privacy to our backyard therefore not requiring us to build a fence. This hedge was maintained by both the previous owners (Lynn & Pa[ Green) of Part Lot 31 and some of the residents on Yorkville Drive. As per our telephone conversation on Mazch 30'", this cedar hedge is does not remain on the new plans for the subdivision. I do not agree with developer removing the hedge and not replacing i[ with a fence. I suggest that the developer leave [he existing cedaz hedge or replace it a six-foot high fence, for privacy. The cedaz hedge would be preferred because it is more natural. The residents on Yorkville Drive should no[ be forced to pay for this privacy. I have enclosed a copy of the letter that I received. If you have any question, please contact me Yours =espectfully, Richard Price 3 Yorkville Drive Courtice, Ontario 618