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HomeMy WebLinkAboutPD-128-98DN: PD-128-98 ~~ THE CORPORATION OF THE MUNICIPALITY OF CLALINGTON REPORT PUBLIC MEETING Meeting: Date: General Purpose and Administration Committee Monday, November 2, 1998 Report #: PD-128-98 File #: 18T-98012 Res. #1C->P i7 - S`s' ~ - y ~~ By-law # Subject: DRAFT PLAN OF SUBDIVISION APPLICATION 18T-98012 APPLICANT: H. KASSINGER CONSTRUCTION LTD & GEARING FARMS LTD. PART LOT 33, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON AND BLOCK 219, tOM-826 FILE NO.: 18T-98012 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-128-98 be received; 2. THAT the application for proposed Plan of Subdivision, submitted by D. G. Biddle and Associates Ltd. on behalf of H. Kassinger Construction Ltd. and Gearing Farms 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 received; 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. bi0 - 'REPORT PD-128-98 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant: H. Kassinger Construction Ltd. and Gearing Farms Ltd. 1.2 Agent: D. G. Biddle and Associates Ltd. 1.3 Proposed Draft Plan of Subdivision: To develop a draft plan of subdivision containing 10 lots and 12 blocks, for a total of 16 single detached dwelling units, and to retain a 2.14 hectare block having frontage on Tooleys Road. 1.4 Site Area: 3.37 hectares 2. LOCATION 2.1 The area proposed for development is located at the western end of McLellan Drive in Courtice. The site has frontages on both McLellan Drive and Tooley Road, as depicted in Attachment No. 1. The portion which fronts onto Tooley Road is located in Part Lot 33, Concession 3, former Township of Darlington. The McLellan Road portion is Block 219, 10M-826, which was a reserved block within the Kassinger Highland Gardens subdivision immediately to the east. 3. BACKGROUND 3.1 On September 3, 1998, the applicant filed the application for draft plan of subdivision with both the Region of Durham Planning Department and the Clarington Planning Department. On September 18, 1998, the Region of Durham notified Clarington Planning of the file number for the application and the proposal was duly circulated. 4. 4.1 EXISTING AND SURROUNDING USES Existing Use: Tooley Road portion -large lot residential Block 219, 10M-826 -vacant land 4.2 Surrounding Uses: North - large lot residential South - large lot residential East - urban residential b~~ ' REPORT PD-128-98 West - large lot residential 5. OFFICIAL PLAN POLICIES PAGE 3 5.1 The Durham Region Official Plan identifies the subject property as being designated "Living Area" and "Major Open Space" with "Environmentally Sensitive Areas". The primary function of the Living Area designation is for housing purposes. The Major Open Space system is noted for its ecological benefits with stream valleys being identified as one of the main features of the system. It is the goal of the Durham Region Official Plan to link the Lake Ontario shoreline to the Oak Ridges Moraine by utilizing the Major Open Space system corridors throughout the Municipality. 5.2 The subject lands are designated "Urban Residential" and "Environmental Protection Area" within the Clarington Official Plan. The Environmental Protection Area designation covers approximately one half of the site. This designation identifies Farewell Creek, which flows in a north south direction through the middle of property,as well as the environmentally sensitive areas surrounding the creek bed. The balance of the property is designated Urban Residential. 5.3 Section 14.4 of the Clarington Official Plan contains specific policies addressing Environmental Protection Areas. On such lands the setback for development is to be determined in consultation with the Conservation Authority and the Province. The setback is to be from top-of-bank and is to be based on the stability of the slope and the sensitivity of the valley. The setback for all other natural features within the Environmental Protection Area, such as woodlots, shall be determined based on the sensitivity of the specific natural feature. 5.4 The Natural Features Map C1 identifies Farewell Creek as a Cold Water Stream with Hazard Lands. A Tableland Woodlot is indicated, and the entire property falls within - 612 ' REPORT PD-128-98 PAGE4 the Lake Iroquois Beach. These natural features are recognized as major components of the natural environment. 5.5 The Lake Iroquois Beach is identified for its extensive forested areas and wildlife habitat, and its locally significant functions of groundwater discharge and recharge. Plans of Subdivision located within the Lake Iroquois Beach are to contain provisions for the maintenance of groundwater functions. These may include special house and infrastructure design requirements, storm water management or construction techniques. Section 4.7.4 of the Clarington Official Plan states that prior to the approval of any development proposal which includes the removal of part or all of a woodlot, the significance of the woodlot shall be assessed in accordance with Section 4.3.8 of the Plan, and if appropriate, a woodlot preservation plan and management plan shall be prepared. 5.6 Section 4.3.8 requires that an Environmental Impact Study (EIS) be undertaken for development applications located within or adjacent to any natural features identified on Map C, and the expense of the study is to be borne by the applicant. The applicant has been informed of the requirement of an EIS and is aware that a recommendation cannot be made to the Region of Durham on the application until the Study is submitted and accepted by the Municipality. 5.7 Section 20.2.3 of the Clarington Official Plan requires asub-watershed plan to be prepared and approved prior to approval of any draft plan of subdivision unless prior to the approval of the Official Plan, a master drainage plan had been approved for the area subject to development. This proposed application has been included in the master drainage plan for the Highland Gardens development. Therefore, asub-watershed plan is not required for this development. 6. ZONING BY-LAW CONFORMITY 613 ` REPORT PD-128-98 PAGE 5 6.1 The subject lands are currently zoned "Holding Residential Type One (R1)" for the area west of Farewell Creek, "(Holding) Urban Residential Type One ((H)R1)" for the area east of Farewell Creek, and "Environmental Protection (EP)" for the creek valley and its floodlands. The R1 zone permits single detached and semi-detached/ linked dwelling units. Single detached units require a minimum lot frontage of 15 metres. Semi- detached or linked dwelling units require a minimum lot frontage of 18 metres. The application proposes minimum lot frontages of 16 metres which would allow for the construction of single detached units only. The Environmental Protection zone does not permit the construction of any buildings or structures, and all construction must be set back a minimum of 3 metres from the EP boundary. 6.2 Prior to development of the plan of subdivision a removal of Holding would be required to be approved by the Municipality. As of the writing of this report 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 Planning Act, the appropriate signage acknowledging the application was erected on the subject lands. The required notice was also mailed to each landowner within the prescribed distance. 7.2 Staff have received four verbal inquiries into the application. Two were from residents of Tooley Road, inquiring whether the proposal would be serviced from the Tooley Road frontage. A resident of Mull Cres., whose property backs onto Block 219, expressed a desire for the preservation of the woodlot behind his property. The fourth inquirer requested clarification of the site location. 7.3 No written submissions have been received on this application. - 614 'REPORT PD-128-98 PAGE 6 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 Ontario Hydro, the Clarington Fire Department and Community Services Department. 8.2 The Clarington Public Works Department has no objection to the proposal subject to standard conditions and the following: • The configuration of the cul-de-sac bulb must be revised so that it conforms to the Municipality of Clarington Standard Drawing N-710. A 15 metre radius transition is required between the straight section of the road allowance and the circle. • Prior to the issuance of building permits, the applicant must provide for the removal of the existing dead end barricade at the existing limit of McLellan Drive. • The applicant will be responsible for 100% of all costs required to connect the existing sidewalk on McLellan Drive with the new pedestrian sidewalk within the subject draft plan. • The applicant must provide confirmation that a required payment for oversized downstream storm sewers or storm water management facilities has been completed by private arrangement. • The applicant's engineer will be required to prepare a Preliminary Lot 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 location of any rear yard catchbasins and storm sewers must be identified. Any large trees designated for removal due to the presence of storm sewer facilities on private property must also be identified. • The applicant will be required to provide an appropriate cash contribution in lieu of the normal parkland dedication. 8.2 Comments remain outstanding from the following agencies: Durham Region Planning Department; Durham Region Works Department; Peterborough Victoria Northumberland Clarington Separate School Board; Kawartha Pine Ridge District School Board; and Central Lake Ontario Conservation. - bi5 ' REPORT PD-128-98 PAGE 7 9. STAFF COMMENTS 9.1 Section 14.4.3 of the Clarington Official Plan requires a minimum setback of 5 metres for all development from the top-of-bank as identified for a stream valley, as well as a minimum 5 metre setback from a tableland woodlot. Lot lines are not permitted to extend beyond the required setback. The applicant has determined the top-of-bank line as being the rear property line of Blocks 13 to 22. It has also been depicted as being close to, or within, the required 5 metre setback for Lots 7 to 9. The exact location of the top-of-bank will be confirmed through the Environmental Impact Study. 9.2 Staff have informed the applicant that a parking plan is to be submitted for review and comment. This proposal is for 16 metre frontage lots, which is larger than any single detached lots within the area. The applicant's agent has confirmed that these lots have been designed to accommodate large homes with double car garages. Therefore, each lot will have accommodation to park four vehicles on the property, two being within the garage space and two being in the double wide driveway. This available on-site parking should help eliminate any excessive on street parking problems. 10. CONCLUSIONS 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 respected that this report be referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, Revie by, Franklin Wu, M.C.I.P., R.P.P., .Stockwell, Director of Planning & Development ~ Chief Administrative Officer _ E~ih REPORT PD-128-98 PAGE 8 IL*LDT*FW*cc October 26, 1998 Attachment No. 1 - Key Map Attachment No. 2 - Proposed Draft Plan of Subdivision Interested parties to be notified of Council and Committee's decision: Mr. Bob Annaert D. G. Biddle and Associates Ltd. 96 King Street East Oshawa, Ontario L1H 166 Mr. Paul Gearing Gearing Farms Ltd. Box 12, R. R. #3 Bowmanville, Ontario L1C 3K4 Kassinger Construction Ltd. cJo Gearing Farms Ltd. Box 12, R. 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