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HomeMy WebLinkAboutPD-53-98' 7N: P0.53-98 ~. Meeting: Date: Report #: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PUBLIC MEETING REPORT General Purpose and Administration Committee Monday, May 4, 1998 PD-53-98 FILE #: DEV 95-020 (X-Ref: 18T-95029) File #~14 .~~~~.Q~6 aC7 Res. #~~~ ~ - oZSc! - °/ ~ By-law # Subject: REZONING APPLICATION APPLICANT: BLACKCREEK DEVELOPMENTS LIMITED PART LOTS 29 AND 30, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON, 3200 COURTICE ROAD FILE: DEV 95-020 (X-REF: 18T-95029) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-53-98 be received ; 2. THAT application to amend the Comprehensive Zoning By-law 84-63, as amended, of the former Town of Newcastle submitted by D.G. Biddle and Associates on behalf of Blackcreek Developments Limited be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: D.G. Biddle and Associates 1.2 Owner: Blackcreek Developments Limited 1.3 Rezoning: From Urban Residential Type One (R1), Holding -Urban - 6J8 REPORT NO.: PD-53-98 PAGE2 Residential Type Four [(H)R4], Holding -Urban Residential Type Two Exception [(H)R2-3], Agricultural (A), Agricultural Exception (A-8), and Environmental Protection (EP) to a zone appropriate to permit the development of a plan of subdivision comprising: 39 - 15 metre frontage single detached units; 16 - 12 metre frontage single detached units; 38- - semi-detached units; 42 - on-street townhouse units. 135 Total In addition, a block for parkland has been provided and an open space block. 1.4 Area: 14.32 ha 2. LOCATION 2.1 The subject lands are located in Part of Lots 29 and 30, Concession 3, former Township of Darlington. The municipal address of the property is 3200 Courtice Road. The lands are situated just north of Jane, Glenview and Westmore Streets in Courtice. To the west of the subject property is a Draft Approved Plan of Subdivision 18T-91006 (Attachment No. 1). 3. BACKGROUND 3.1 On March 28, 1995 Staff received an application to amend the Municipality's Comprehensive Zoning By-law to permit this proposed development. On April 5, 1995 the Municipality received correspondence from the Region of Durham stating that a subdivision application 18T-95029 had been submitted for the subject lands. 3.2 A number of residents spoke out at the original public meeting held on July 10, 1995. Many of the concerns expressed at this meeting are detailed in Section 7.2 of this report. - 609 REPORT NO.: PD-53-98 PAGE 3 3.3 Due to the environmental sensitivity of the lands, the site was subject to an environmental impact study. The study has been completed and the results have been expressed in Section 9.1 of this report, and in greater detail in Staff Report PD- 59-98. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Vacant Surrounding Uses: East - Existing Residential West - Draft Approved Plan of Subdivision 18T-91006 and Existing Residential North - Forest and Existing Residential South - Existing Residential 5. OFFICIAL PLAN POLICIES 5.1 The subject lands are designated "Living Area" in the Durham Region Official Plan. Within the Clarington Official Plan, the subject lands are designated 'Urban Residential", "Medium Density Residential", and "Environmental Protection Area" . Lands designated "Urban Residential" shall not exceed a density of 30 units per net hectare. Lands designated "Medium Density Residential" shall not exceed a density of 60 units per net hectare. The density of the lands proposed for single detached dwellings and semi-detached dwellings are 21 units per hectare. The density of the land proposed for townhouses is 40 units per hectare. Both these densities are below the maximum permitted within the Clarington Official Plan. The tributary and adjacent lands possess the designation of "Environmental Protection". Development including structures, other than flood control structures are not permitted on lands so designated. 6. ZONING BY-LAW PROVISIONS 6.1 According to the Comprehensive Zoning By-law 84-63, as amended, of the former - 610 REPORT NO.: PD-53-98 PAGE4 Town of Newcastle, the subject lands are zoned "Urban Residential Type One (R1)", (Holding) - Urban Residential Type Four [(H)R4]", (Holding) Urban Residential Type Two Exception [(H) R2-3], Agricultural (A), Agricultural Exception (A-8), and Environmental Protection (EP). Lands zoned R4 shall be for apartments, lands zoned R2-3 will only allow single detached dwellings, and lands zoned R7 shall allow single and semi-detached residential units. Agriculturally zoned lands shall be used for farm and farm-related purposes. The A-8 zone allows a golf course in addition to agricultural operations. The EP zone allows conservation and forestation. The lands need to be rezoned to support this proposed development. 7. PUBLIC MEETING 7.1 Pursuant to the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 7.2 As noted earlier in this report, a number of residents provided comments when the original application was submitted. The concerns expressed by the public at the July 10, 1995 Public Meeting and on petitions submitted at this meeting can be summarized into a number of issues. ^ Environmental -Residents expressed concern about the impact this proposed development would have on the environment, in particular, the woodlot that now exists. They were also concerned with a loss of green space/forest area, removal of trees, impact on groundwater, and impact on air quality. A request was made to conduct a watershed study. ^ Wells - The homes in the area are currently on private services (well and septic). Residents are concerned that the proposed development will have a negative impact on their well water. If wells are impacted, residents want 611 z REPORT NO.: PD-53-98 PAGE 5 assurances that potable water will be provided with no financial burden placed on them. ^ Traffic - Residents have expressed a great deal of concern with the post development traffic and the construction traffic that would be generated by this development. Their concerns are itemized below: 1. volume of traffic; 2. safety of the children playing; 3. that the existing condition of the neighbourhood roads would not be able to withstand an increase in traffic volume; 4. that the cost of improving their street be the responsibility of the developer; 5. prohibit the extension of Jane Avenue; 6. do not allow the extension of Fourth Street; 7. construction traffic be restricted from travelling the roads in their neighbourhood; 8. the impact of traffic on Nash Road ;and 9. that a traffic study be conducted. ^ Compatibility -Some residents were concerned that the proposed development is not in keeping with the existing neighbourhood. They do not want this development to impact upon the integrity of the area. They are opposed to the higher density components of this proposal. If development proceeds, they would like to see the construction of homes on lots with similar lot sizes to the ones existing today. ^ School Capacity - Some residents have noted that the nearby schools are accommodating students in portables and question whether the schools can - 612 REPORT NO.: PD-53-98 PAGE 6 support more students. ^ Emergency Services - A concern was raised that emergency services are limited and that new development would further compromise the delivery of emergency services such as fire and police protection. ^ Property Tax - Many were concerned that this development would have an impact on their property taxes. They do not feel that they should contribute any further to the tax base for an increase need for educational and municipal services which would be generated by this development. ^ Park and Fencing - Residents have asked that a parkette be provided in the neighbourhood and that fencing be erected at the rear of all existing abutting homes prior to on-site construction. 8. AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies The following agencies were circulated: ^ Municipality of Clarington Public Works Department; o Municipality of Clarington Fire Department; ^ Ontario Hydro; ^ Peterborough-Victoria-Northumberland and Clarington Separate School Board; ^ District #14 Public School Board; o Central Lake Ontario Conservation Authority; ^ Durham Region Planning Department; ^ Durham Region Works Department. 613 REPORT NO.: PD-53-98 PAGE 7 8.2 The Clarington Fire Department noted that they had no objection to the application. 8.3 Comments have yet to be received from all other agencies. 9. BACKGROUND STUDIES 9.1 In conjunction with this application, three background studies have been conducted. The first study being the Environmental Impact Study, as required by the Clarington Official Plan. The second study is a traffic study. Lastly, a Neighbourhood Design Plan must also be completed in accordance with the Clarington Official Plan. 9.2 Environmental Impact Study A four season environmental impact study was conducted for the lands. The study determined that the lands are subject to a high water table and that 7 regionally significant vegetative species were found. Extensive hydrogeological work was done and the results of that study determined that the site is a drainage basin in itself and well interference will not occur. The study also concluded that the site does not contribute groundwater to Black Creek. The key recommendation of this study was that development may proceed provided that lands below the elevation of 134 metres remain undeveloped. Information regarding the process and findings of the Environmental Impact Study is available in Report PD-59-98. 9.3 Traffic Study The applicant conducted a traffic study. At this time, the study has not been finalized and is in draft form only. The traffic study examined 3 scenarios with respect to the impact of future traffic numbers and volumes when the proposed development is built to it's full extent. Scenario 1 - George Reynolds Drive is built only to Jane Avenue, Jane Avenue extends from George Reynolds to Westmore Street and the existing access from - 614 REPORT NO.: PD-53-98 PAGE 8 Westmore Street to Courtice Road remains open. Scenario 2 -Jane Avenue extends from George Reynolds Drive to Westmore Street, the Westmore Street access to Courtice Road remains open, and George Reynolds Drive is open from Trulls Road to Courtice Road. Scenario 3 - Jane Avenue is open from George Reynolds Drive to Westmore Street, George Reynolds Drive is built from Trulls Road to Courtice Road and the access from Westmore Street to Courtice Road is eliminated. The preliminary conclusions of the study recognize that future traffic volumes will be greater than existing volumes, yet the study states that "The additional traffic volumes added to the local roads are minor in nature and the resultant volumes will comply with the intent of the transportation policies of the Clarington Official Plan". The consultant has determined that Scenario 2 results in better compliance with the transportation policies of the Clarington Official Plan and results in lower traffic volumes along Fourth Street. In addition, Scenario 2 results in better connections between the local road network and the boundary roads and provides for a grid street system. The consultants found that Scenario 1 would be acceptable as an interim condition. The traffic report noted that constructing a cul-de-sac at the east end of Westmore Street, where it intersects with Courtice Road, would not be suggested as an alternative due to the increased congestion that will occur at Fourth Street and Nash Road. It was observed that the School parking area has inadequate traffic movement and drivers were entering onto fourth Street to drop off their children for school. 9.4 The submission and approval of a neighbourhood design plan is a requirement of the Official Plan. The applicant's consultants are currently working on finalizing - 615 .., REPORT NO.: PD-53-98 this plan. 10. STAFF COMMENTS PAGE 9 10.1 The application conforms to both the Durham Region Official Plan and the Clarington Official Plan. The proposal is well within the densities permitted and it provides a suitable mix of housing types. 10.2 Revisions to the Proposal This application has been revised significantly since it was originally submitted. The following table depicts the changes that have occurred since the original proposal was submitted. Open Space Total Residential Com onent Com onent Area (ha) Semi- Park SFD SFD SFD Detached Townhouses Total Lands Open 15m 12m 9m Units Units (ha) 5 ace Original 10 34 28 0 144 216 0 3.14 14.42 Pro osal Current 39 16 0 38 42 135 0.48 4.77 14.32 Pro osal "Note: SFD-Single Family Dwelling The applicant has reduced the total number of units by 81. The number of medium density units were reduced by 102 units, and the number of low density units were increased by 21. This plan proposes a park and has also increased the open space component by 1.64 ha. 10.3 Response to the Public's Concerns With respect to the Public's concerns regarding this proposal, Staff have the following comments 616 REPORT NO.: PD-53-98 PAGE 10 ^ Environment -The concerns regarding the environmental impact have been addressed through the Environmental Impact Study. The results of this study have been briefly summarized in Section 9.1 of this report. ^ Wells -The Regional Well Interference Policy ensures that where a resident's well has been adversely impacted upon by the residential development, the resident will either have their well problems corrected or be connected to municipal water supply. The Region does not cover the cost of bringing the water connection from the road to each individual home. Mr. Halminen has stated that if wells are impacted, he will cover this cost. Hence, the homeowner does not face any financial burden for providing himself or .herself with potable water. ^ Traffic - A traffic study is being conducted. The preliminary results of this study are highlighted in Section 9.2 of this report. The Public Works Department will respond to the potential need to reconstruct the existing streets including construction of sidewalks, restriction of construction traffic, and other related issues. Prohibiting the extension of Jane Avenue and Fourth Street would not be in conformity with the Official Plan which promotes grid street patterns and discourages the establishment of cul-de-sacs. ^ Compatibility -Residents want to see large lots similar to their own within the proposed development. The existing lots located along Jane Avenue, Westmore Street, Fourth Street and Glenview Road are serviced by private services hence requiring a larger lot size. The proposed development will be serviced by municipal services, water and sewer and as such, larger lots are not a requirement. The applicant has proposed to locate 50 foot single dwelling lots adjacent to the existing lots rather than build homes on smaller lots. In addition, b17 REPORT NO.: PD-53-98 PAGE 11 the applicant has situated the medium density development within the north west portion of the site, closer to existing and draft approved lots which have a density similar to that of the subject lands. ^ School Capacity -The School Boards have yet to comment on this most recent revision to this application. ^ Emergency Services -The Clarington Fire Department has stated that they have no objection to this application. ^ Property Tax - The Treasury Department states that taxes are based upon the need of the municipality as a whole. Taxes are not based on proximity and generally the development of one subdivision may not have a direct impact on the property taxes of adjacent landholders. However, the development of a number of subdivisions may result in an impact on property taxes which will be distributed evenly throughout the municipality. ^ Park and Fencing -The Municipality does not require fencing to the erected between residential uses. The Planning Department does not believe that separation or privacy in the form of fencing is needed between land uses that are the same. This also applies between parklands and open space blocks. However, the EIS supports fencing between residential and open space blocks in order to prevent encroachment into sensitive valleyland areas. With respect to the park, the revised plan proposes a 0.48 ha park. The applicant also proposes to leave 4.77 ha of land as open space. 11. CONCLUSION The purpose of this report is to facilitate the Public Meeting as required by the Planning act, to provide Committee and Council with some background on the - 618 ., REPORT NO.: PD-53-98 PAGE 12 application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and subsequent report upon resolution of the above issues and receipt of all outstanding comments and required revisions. Respectfully submitted, ~ ~ ~- ~~~~ Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development HB*FW*df April 23, 1998 Attachment No. 1 - Key Map Attachment No. 2 - Proposed Plan of Subdivision Reviewed by, ~ ~ W.H. Stockwell, Chief Administrative Officer. Interested parties to be notified of Council and Committee's decision: Liza Developments 30 Wertheim Court RICHMOND HILL, Ontario L4B 1 B9 Ray Shepherd 32 Jane Avenue COURTICE, Ontario L1E 2H9 Carlo Aloe 48 Westmore Street COURTICE, Ontario L1E 2H7 Pam Callus 3452 Courtice Road COURTICE, Ontario L1E 2L6 Black Creek Developments Limited 1748 Baseline Road COURTICE, Ontario L1 E 2T1 Jose Goncalo Ferreira Donna Frances Ferreira 6041 Middle Road R.R.#1 BOWMANVILLE, Ontario L1C 3K2 Mr. and Mrs. Gebelhoff 29 Westmore Street COURTICE, Ontario L1 E 2H8 Marg Ellis 8 Lynwood Avenue COURTICE, Ontario L7 E 2H8 619 REPORT NO.: PD-53-98 PAGE2 Dave Unwin Ivan Perun 47 Westmore Street R.R.#1 COURTICE, Ontario HAMPTON, Ontario L1E 2H7 LOB 1J0 Mr. and Mrs. Robert Marsh Kerri and Mike Novak 51 Westmore Street 7 Jane Avenue COURTICE, Ontario COURTICE, Ontario L1E 2H7 L1E 2H7 Ronald and Olive Munro Elwin White 24 Lynwood Avenue 10 Fourth Street COURTICE, Ontario COURTICE, Ontario L1E 2H9 L1E 2H7 George and Lesley Maguire D. Cowle 11 Jane Avenue 43 Westmore Street COURTICE, Ontario COURTICE, Ontario L1E 2H9 L1E 2H7 D.G. Biddle and Associates J.A. Hayman 96 King Street East R.J. Howes OSHAWA, Ontario 22 Jane Avenue L1 H 1 B6 COURTICE, Ontario L1E 2H9 Robert D. McKenna 18 Fourth Street William Bowden COURTICE, Ontario 4 Glenview Road L1E 2H7 COURTICE, Ontario L1 E 2H9 Stanley Simmons 3260 Courtice Road Nancy Whitehead COURTICE, Ontario 8 Jane Avenue L1E 2L7 COURTICf, Ontario L1 E 2H9 Helen and John Jozkowski 11 Lynwood Avenue Christine Lowe COURTICE, Ontario 12 Jane Avenue L1E 2H8 COURTICE, Ontario L1E 2H9 Matthew and Jessie Scott 17 Jane Street COURTICE, Ontario L1E 2H9 ~~o REPORT NO.: PD-53-98 PAGE3 Edward Zavitsky Carole Seysmith 32 Lynwood Avenue Friends of the Second Marsh COURTICE, Ontario 100 Whiting Avenue L1E 2H9 OSHAWA, Ontario L1H 3T3 Kerry Meydam 3828 Trulls Road North Linda and Julie Walsh COURTICE, Ontario 25 Jane Avenue L1E 2L3 COURTICE, Ontario L1 E 2H9 Mary Martinelli 60 Westmore Street Bill Bickle COURTICE, Ontario 7 Glenview Road L1E 2H7 COURTICE, Ontario L1E 2H9 Dineen Leger 12 Glenview Road Gordon Heard COURTICE, Ontario 18 Jane Avenue L1E 2H9 COURTICE, Ontario L1 E 2H9 W.D. Manson 20 Clematis Road Les Jagoda WILLOWDALE, Ontario 569 Townline Road North M2J 4X2 COURTICE, Ontario L1E 2J4 Stan Racansky 3200 Hancock Road L. Little COURTICE, Ontario 3075 Trulls Road L1E 2M1 Group B, Comp. 10 COURTICE, Ontario Janet Sikora L1 E 2L1 34 Lynwood Avenue COURTICE, Ontario Joe McKenna L1E 2H9 13 Poolton Crescent ~ COURTICE, Ontario q, Peter Bramton c" ~`~~a L1E 2H4 ` 21 Jane Avenue COURTICE, Ontario Ted Mosolanczki L1 E 2H9 4 Fourth Street COURTICE, Ontario L1E 2H7 - 621 REPORT NO.: PD-53-98 E. Nowasad 3732 Courtice Road COURTICE, Ontario L1E 2L5 Teresa and Roy Palonen 55 Westmore Street COURTICE, Ontario L1E 2H7 Neil Ryan 39 Westmore Street COURTICE, Ontario L1E 2H7 Ken Livingston 12 Glenview Road COURTICE, Ontario L1E 2H9 Mayor and Members of Council 622 PAGE 4 aTrnr_Nnw~~~T ~, ® SUBJECT SITE 31 LOT 30 LOT 29 LOT 28 --- i -~~ ~~ ~ o L o '~ - ~ -- _~- __- J ~ - ~ - J ~ - ;~ -- ~i ~ ~ -_ _~ ,' _ ~ ~- '~ - - - i, I I ~ ~ W ~ T ~- _ ~~~ I" ~ _~ ~ - _~`- z r _ ~ o _~ - ~ , ~ U -_ ~ -~ _ ~ _~_ - - _- ~ ~N SH ROAD j ~- r ~- -- - ~ ----,~c<~U1~-~U S COURTICE DEV. 95-O2p N KEY MAP '~ 81"_g5029 623 ATTACHMENT 2 r~ I - _ ~ , ~~- J_ --- ~i E ,,_ _ I _ I DR P R W II I17 I 6 i I ~ _ a . - , I sf ~~ ~ Ili ~~ I ~ ~ _- _ ~~ _... ~ ra waK:>s~ a~~ rc • xxx r &~c- ~ '~~ u ~ ~• ~ ~ •y,l ~ I ~~ ~ s n J ~~ • ___ 1 t SIO - ~ vn ~ ~~~~ ~ _ I ~,D > ~. 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