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HomeMy WebLinkAboutPD-93-98.1 _ ~~DN:PD-93-98 Meeting: Date: Report #: THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT X14 Oe~. 97~~3 General Purpose and Administration Committee File # pit, 1 ~-• `~ ~~' ~ ~p~1-43b-9~ Monday, July 13, 1998 Res. #C~PGI-43S -`/~ PD-93-98 FILE #: DEV 97-003 & 18T-97002 By-law # Subject: REZONING AND DRAFT PLAN OF SUBDIVISION APPLICATIONS APPLICANT: TAUNTON TERRACE LIMITED PART LOT 35, CONC. 2, FORMER TOWNSHIP OF DARLINGTON FILE NO.: DEV 97-003 & 18T-97002 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PD-93-98 be received ; 2. THAT the Region of Durham be advised that the Municipality of Clarington recommends approval of proposed Draft Plan of Subdivision 18T-97002 as revised and submitted by Taunton Terrace limited subject to the conditions of draft plan approval contained in Attachment #3 of this Report; 3. THAT the Mayor and Clerk be authorized, by By-law, to execute a subdivision agreement between the Owner and the Municipality of Clarington to the satisfaction of the Director of Planning and Development and the Director of Public Works; 4. THAT an amending by-law to Zoning By-law 84-63 be forwarded to Council to remove the "Holding (H)" symbol once the applicant has entered into a subdivision agreement with the Municipality; 5. THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department; and, 6. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Taunton Terrace Limited 1.2 Agent: same as applicant (J S REPORT NO.: PD-93-98 PAGE2 1.3 Draft Plan of Subdivision: To develop a draft plan of subdivision containing 24 semi-detached dwelling units, 1 single detached unit, an extension to Foxhunt Parkette with a walkway and 2 future development blocks. 1.4 Rezoning: Removing the "Holding (H)" symbol from "Holding -Urban Residential Type One ((H)R1) Zone" to permit the development of the proposed draft plan of subdivision. 1.5 Site Area: 1.41 hectares (3.48 acres) 2. LOCATION 2.1 The subject lands are located between Townline Road, Kingsview Court, and the Foxhunt Parkette. The applicant's land holdings total 1.41 hectares (3.48 acres). The property in legal terms is known as Part Lot 35, Concession 2, in the former Township of Darlington. 3. BACKGROUND 3.1 On January 14, 1997, Taunton Terrace Limited filed an application with the Municipality of Clarington to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63. The purpose of the application is to delete the "Holding (H)" symbol from "Holding -Urban Residential Type One (R1) Zone" to permit the development of a draft plan of subdivision containing 16semi-detached dwelling units and 2 future development blocks. A related draft plan of subdivision application (18T-97002) has been filed with the Durham Region Planning Department. 3.2 A Public Meeting was held on April 27, 1997. Numerous area residents were present at the Meeting to voice their opinions. The following concerns as voiced by area residents are noted: Area residents are opposed to the extension of Kingsview Court for the following reasons: i) Many residents purchased homes on Kingsview Court with the assumption that the street would remain in its present configuration as a cul-de-sac. Access to the - 682 REPORT NO.: PD-93-98 PAGE3 development should be developed from Townline Road. ii) Extending Kingsview Court would increase the levels of traffic for existing residents. This presents a problem for child safety. iii) Some motorists may use the Kingsview Court extension expecting that the road will exit onto Townline Road. iv) The extension would create an awkward bend in the road at the cul-de-sac. v) Snow removal would be awkward in the cul-de-sac. With the extension of Kingsview Court, residents are concerned about the construction traffic that would occur during development of the subdivision. • People in the area had purchased homes with the understanding that a neighbourhood park would be developed in the location where the current subdivision is being proposed. There are questions as to the form of development the future development blocks will contain. An access to Foxhunt Parkette should be provided in the form of a walkway. These concerns will be addressed in Section 8.0 of the report. 3.3 On September 22, 1997, Taunton Terrace Limited submitted a revised plan to permit the development of a draft plan of subdivision containing 24 semi-detached dwelling units, 1 single detached unit, an extension to Foxhunt Parkette with a walkway, and 2 future development blocks. The plan also proposes access from Townline Road. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Vacant land with a single detached dwelling 4.2 Surrounding Uses: East: Urban residential &Foxhunt Parkette North: Urban residential West: Urban residential South: Urban residential - 683 REPORT NO.: PD-93-98 PAGE4 5. OFFICIAL PLAN POLICIES 5.1 Within the existing Durham Regional Official Plan, the subject lands are designated "Living Area". Residential development is permitted within this land use designation. The application conforms with the policies. 5.2 The subject lands are designated "Urban Residential" within the Clarington Official Plan. Residential development consisting of single detached, semi-detached, and duplex dwellings are permitted within this land use designation. Development densities ranging between 10 to 30 units per net hectare are permitted. The revised subdivision proposes 24 semi-detached units and 1 single detached dwelling unit for. a new density of 27.4 units per hectare. The application conforms with the development policies. 6. ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently zoned "Holding -Urban Residential Type One (R1)". The application complies with the requirements of the former Town of Newcastle Zoning By-law 84-63. A rezoning application has been made to remove the Holding "(H)" symbol in order that the proposed subdivision may proceed on the property. 7. AGENCY COMMENTS 7.1 The application was circulated to solicit comments from other relevant agencies. The City of Oshawa and Ontario Hydro have no objections to the proposal 7.2 The Clarington Fire Department has no objections provided there is a 12.0 metre turning circle at the end of the road to permit fire equipment to turn around. The developer should make potential purchasers aware that fire protection is only available on a full-time basis for 12 hours and on a part-time basis for the remaining 12 hours. 7.3 The Clarington Public Works Department -Engineering Division had previously objected to the extension of Kingsview Court because the configuration as proposed where the cul-de-sac - 6g4 REPORT NO.: PD-93-98 PAGE5 bulb turned into an elbow would not be acceptable from an engineering perspective. It would cause traffic control and winter maintenance problems. As the applicant has proposed the entrance from Townline Road, the Public Works Department has no further objections subject to the implementation of conditions of draft plan approval. 7.4 The Durham Region Public Works Department objects to the revised proposal on the following basis: • Municipal services are available to the subject lands from the 200 mm sanitary sewer on Kingsview Court and 150 mm watermain on Townline Road. The appropriate easements will have to be provided to the Region for services extended from Kingsview Court. • Merivale Court is a small subdivision on the west side of Townline Road in Oshawa which currently has a temporary access directly onto Townline Road immediately north of the proposed access. An access from Townline Road for the subject lands is only acceptable if the temporary access to Merivale Court in Oshawa is closed. No proposals to close this temporary access have been submitted to date. 7.5 Comments from Central Lake Ontario Conservation indicate no objections to the revised proposal. The subject lands are within the Courtice Stormwater Management Study. Stormwater flows must be conveyed to the existing quantity facility located south of the proposed development. The applicant must demonstrate how these flows are to be conveyed and that the facility can accommodate these flows. The applicant must also address water quality issues in terms of the current guidelines. These concerns can be addressed through conditions of draft approval for the subdivision by the Region of Durham. 7.6 Canada Post has no objections to the application provided that the applicant construct a central mail facility for the development. 685 REPORT NO.: PD-93-98 PAGE 6 7.7 Neither the public nor the separate school board had any concerns with the proposal. 7.8 Bell Canada has never provided any comments. 8. STAFF COMMENTS 8.1 The applicant had originally proposed the extension of Kingsview Court as a means of access to the proposed subdivision. This would have created an undesirable road configuration from a traffic and maintenance perspective. Kingsview Court was planned and designed as a cul- de-sac and should not be extended to serve close to another 30 houses. Further, the residents who purchased properties on Kingsview Court expect the street would remain as a cul-de-sac. As a result, Staff required that access to the subdivision be obtained from Townline Road. 8.2 A small subdivision known as Merivale Court on the west side of Townline Road in Oshawa was developed with a temporary access onto Townline Road. Ultimately, this access will be closed when development occurs north of this property. Access would then be obtained through an extension of Hudson Avenue in Oshawa, which would be aligned with Kingsway Gate in Courtice to the north. The Durham Region Public Works Department has indicated that the existing Merivale Court access would conflict with an additional access from the subject lands onto Townline Road. Therefore, Merivale Court should be closed prior to permitting access for the subject development onto Townline Road. Staff have included a condition of draft approval that the plan of subdivision cannot be registered until the Merivale Court access to Townline Road has been closed to the satisfaction of Durham Region Public Works Department. 8.3 Several residents had anticipated that a neighbourhood park was to be developed on the subject lands. When Kingsview Court was initially developed, the official plan contained a neighbourhood park symbol at this location. With development occurring in the area, the lands which now comprise Foxhunt Parkette were acquired and developed by the 686 REPORT NO.: PD-93-98 PAGE 7 Municipality. The remaining portion of the neighbourhood park was to be obtained from part of the lands subject to this application; however, ownership of these lands was fragmented and the Municipality would have had difficulty in assembling the land for the entire neighbourhood park as intended. As the demand for park facilities increased, the park was developed as a parkette rather than as a neighbourhood park. Subsequently, the neighbourhood park designation in the Municipality's Official Plan was relocated by amendment in 1990 to a larger site on lands east of Darlington Boulevard and south of Highway 2. This location is closer to the high density and mixed use areas as designated in the Official Plan. 8.4 The Municipality will be requiring the applicant to provide the required parkland dedication as an extension to Foxhunt Parkette. This will extend the parkette at the southern extent adjacent to the Kingsview Court residents' properties. A walkway will link both Kingsview Court and the proposed subdivision to the parkette. Kingsview Court residents would have easy pedestrian access to Townline Road as well. 8.5 The applicant submitted an on-street parking plan for review by the Public Works Department. Municipal standards for single detached and semi-detached/link dwelling units require that one on-street parking space be provided for every four units. Based on the ultimate development potential of the cul-de-sac, 8 on-street parking spaces are required. The plan shows 9 on-street spaces indicating that there are sufficient on-street parking opportunities for the subdivision. 8.6 Area residents were concerned about the lands denoted as future development blocks. The current proposal shows that the cul-de-sac would be extended north to develop the remainder of the lands not currently owned by the applicant. Once the cul-de-sac is extended, these blocks will be incorporated into future residential lots. These blocks are not permitted or intended by the developer to be used for medium or high density residential purposes. - 687 REPORT NO.: PD-93-98 PAGE 8 9. RECOMMENDATIONS 9.1 Based on the comments in this report, the Planning and Development Department would have no objection to a recommendation to the Region of approval of the proposed plan of subdivision subject to the conditions as contained in Attachment No. 3 of this report. 9.2 Staff would note that the removal of the Holding "(H)" symbol will require Council approval at such time as a subdivision agreement is registered. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development RH*FW*cc 06 July 1998 ~~G~~ W.H. Stockwell, Chief Administrative Officer. Attachment No. 1 - Key Map Attachment No. 2 - Proposed Draft Plan of Subdivision Attachment No. 3 - Conditions of Draft Plan Approval Interested parties to be notified of Council and Committee's decision: Mark Foley Taunton Terrace Limited P.O. Box 11 319 College Avenue Oshawa, Ontario L1 H 7K8 Fred Mitchell 49 Foxhunt Trail Courtice, Ontario L1E lE5 James & Helen Strickland 30 Kingsview Court Courtice, Ontario L1E 1E5 Leslie Steane 41 Kingsview Court Courtice, Ontario L1E 2A9 688 REPORT NO.: PD-93-98 PAGE ~ Heather Roper 101 Kingswood Drive Courtice, Ontario L1E 1G3 John Melmer 23 Empire Crescent Courtice, Ontario Ll E 1 V7 Chris & Jim Wrigley 100 Kingswood Drive Courtice, Ontario L1 E 1 G3 Connie Bruni 19 Empire Crescent Courtice, Ontario L1E 1V7 Steve Rupert 31 Kingsview Court Courtice, Ontario L1 E 1 E7 Leonand Watson 32 Kingsview Court Courtice, Ontario L1 E 1 E5 Maureen O'Reilly 10 Kingsview Court Courtice, Ontario L1 E 1 E6 Karen Marko 21 Kingsview Court Courtice, Ontario L1 E 1 E7 Patricia Hannah & Jeff Brown 43 Kingsview Court Courtice, Ontario L1 E 2A9 David Foote 47 Kingsview Court Courtice, Ontario Ll E 2A9 689 ATTAC H MF NT !t 1 ® SUBJECT SITE LOT 35 LOT 34 LOT 33 L l i l l l l l I I l l l l l r--j I I' I I I~ ~I J ~I ~ ~ W _ / - _ ~ fl __ F-- ~~- ~ - ~} ~ ~~ ILT II I\ i ~ I~1 ~i /; I l I ~~ .'U ~ i, /% _ - - _~~ ~G {Vqy 2 ;% N >- ~ - i Z o ~i O ~ _ ~ , ~ ~ (_ ,~ (n ~ ~~ t!) a - ~ <i - II '~~ ~-'~`~ ~ ~~' U ,~.` ~i _ ~~ ! Z W ;- Z ~ '/ I~ Z ~~ r- I U ~ _ f~ - - O - ~; ~ ~ ~ I ~~ ~ RI ~~ ~ I ~ I_ ~ ~ ~ ~~ ,, ~/ ~ J ~ _~> / 1 ~ N couRricE DEV. 97-003 KEY MAP 18T-97002 v~O ATTACHMENT N2 ~, ' N Z _s ~' ~~~ n ° i£Y~ e i _ 4 ° $~ Y ~ ~° ~~°: ~ ~ ~ 3 ~ S s3 : ~c . QU o o pg ~ Se ~ a ~ a ~5,~ xq q ? = y° 3 J ~O d E ~e IR ~- 3, .. Y„ ~ ~ i O J 2 _ ~ ~ S yy~ 3S Ci7 ~ 3 ~~ ° j p ~~a Nif o 4yyy ~ 3~~ ~ w ~ :S ~ 9 ~ ~~ ' w a o V ¢ ~ Z ¢ 5 ' $ ~ ~ ~ i ~ uW ~~ ~ ~~~Q W z . Y Q £ j aOOd ~~s~n ~$Fe~ o g g Y9i3 y bi ~ c b o - S °d o 0 0 0 0 W J (] g W m _ z _ 66 _ _ N 9 3 ~ N a~ h~ ~ ~' N o~ ~~ - °a ~ o o9,_m~~ mm$~ ~I 0 w w pV _~ 2Q ~~~ 5 w~ x ~ OZ ~ m ~~ a~~ W ~ wa pw w~~~~"~~~~m~: ~H 3299]_=32 3a 1IV2I1 1NRHXOd I N1f~N53tl I 9NILA \ _ ? I W I I I I I I I i %~\\~~ r\\ I w ~-J_~J_L_J ~1 h\~ ~ \\\ I ~ ~--- ~\\ y ~\ ~ \~ I ~ ~--~ \\ 7 \\ Ise-wor J g -J Nv~d ~\\ 7 ~ w - I ffi \ 1 r\ -7 L \\ ~ ~e r\~ ~ _ ~'~ s y i I~ I_ m, ~ --'per ~'~ ~/ \\ QI I o - >~'~ K \ u I - _ _____ _ m~ a "~ :~' ~ p \ --1'- % I Ip~ .: ? ;tom ~ I3 ~-~ £ 1~' ~ Qti a°? _ "'"I'd _ ________ y~ ~ ,03i~dW0\ ~ S. JD'd15!'J3s I~~`l I I I R. ...` ~ I I. I I ~~ I I I I~ - "~~ _- I I II N1ROS ~ QdOb 3Nr7NM01 1fiR0] ~~~ 3~vnrs3w I ~, V CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to Draft Plan of Subdivision 18T-97002 prepared by J. D. Barnes Limited dated (revised) July 2, 1998 showing Lot 6 for a single detached dwelling, Lots 1 to 5 and 8 to 13 inclusive for semi-detached or linked dwellings, Block 16 for park purposes, Block 17 for a walkway, Blocks 14 and 15 as future development blocks and Block 18 for a 0.3 m reserve. 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 qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Planning and Development to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 6. 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. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. _ hC,? -z- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D) That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan to the Director of Planning and Development for review and approval. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 8. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 9. That all easements, road widenings, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. 10. That the Owner shall dedicate to the Municipality Block 16 for parkland purposes and Block 17 for the purpose of a walkway. 11. 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. 12. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 13. That the Owner shall cause all utilities, including, hydro, telephone, cable television, etc. to be buried underground. 14. That the Owner agrees to service the north limit of Street "A" with water, sanitary sewer, storm sewer, hydro, telephone, and cable television for any future lots which may front on Street "A". 693 -3- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 15. That the Owner acknowledges that at his cost all future lots to the north are to be fully serviced with water, sanitary sewer, storm sewer hydro, telephone, and cable television for any future lots which may front on Street "A". 16. Prior to approval of this draft plan, the applicant must demonstrate that the building envelopes on Lots 5 and 6 are large enough to facilitate construction of dwellings which comply with the requirements of the former Town of Newcastle Zoning By-law 84-63. 17. That the entrance driveways on Lot 10L and Lot 10R will be restricted to the southerly sides of each lot. Block 14 and Block 15 will be placed on hold until such time as the cul-de-sac has been extended to the north. 18. That the front lot line for Lot 9 must be revised to better accommodate utilities within the road allowance. 19. That the sidewalk must be provided on the south side of Street "A" between Regional Road 55 and the proposed walkway to Foxhunt Parkette. 20. That the Owner is required to resolve any existing encroachment conflicts in conjunction with the engineering approvals process. Final engineering approval will not be provided until all identified encroachment issues have been satisfactorily addressed. 21. That final registration of the plan of subdivision shall only proceed at such time as the road access for Street "A" to Townline Road has been approved by the Region of Durham. - 694 -4- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 22. 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 deposits as may be required by the Municipality. 23. That the Owner shall adhere to architectural control requirements of the Municipality. 24. 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 and 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. 25. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 695