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HomeMy WebLinkAboutPD-110-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: DEV92028.GPA Meeling: General Purpose and Administration Committee File # Dale: Monday, July 19, 1993 # PD-110-93 DEV 92-028 (OPA 92-010jN) Report #: File #: Subject: REZONING APPLICATION - MOPRO CONSTRUCTION PART LOT 30, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: OPA 92-010/N (DEV 92-028) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-110-93 be received; 2. THAT application to amend the Official Plan of the former Town of Newcastle, and that application to amend the Comprehensive Zoning By-law 84-63, as amended, of the former Town of Newcastle submitted by The Greer Galloway Group on behalf of Mopro Construction be DENIED; and 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Mopro Construction 1. 2 Agent: The Greer Galloway Group 1.3 Official Plan Amendment Application: from "Residential" and "Hazard Lands" and partially within the Courtice Communi ty Central Area to an appropriate designation to permit the 2160 sqjm of retail and personnel floor space and the 2070 sqjm of residential floor space. 0...2 I1ECYCLEO PAPIER PAPErl IlECYCU': TH5 IS I'HINTED ON HECYCLED PAPEn REPORT NO. PD-110-93 PAGE 2 1.4 Rezoning Application: from "Urban Residential Type One (R1)" and Environmental Protection (EP)" to a zoning classification which would permit the development of a mixed use project containing 2160 sqjm of retail and personnel service floor space and 2070 sq/m residential. 1.5 Land Area: 1.3 hectares (3.21 acres) 2. LOCATION 2.1 The subject property is municipally known as 1678 Highway No. 2. The lands have approximately 190.6 m (625 ft) of frontage on the north side of Highway No. 2 (King street) and abut part of the limits of the Black Creek to the north. Furthermore the subj ect property is east of Trulls Road and west of Regional Road No. 34 (Courtice Road). The legal description of the property is part of Lot 30, Concession 2, former Township of Darlington. 3 . BACKGROUND 3.1 The subject rezoning application was received by the Municipality of Clarington Planning and Development Department in May of 1992, however, circulation of the proposal was not undertaken until the accompanying Official Plan Amendment was received in June of 1992. The applicant is proposing to redesignate and rezone the entire land holdings at this time to permit the development of 2160 sqjm of retail and personnel floor space and the 2070 sqjm of residential floor space. The number of residential units has yet to be determined. The applicant has suggested that the development will be constructed in three phases based on market demand. The applicant proposes to maintain the existing, older two storey single family dwelling on the property and convert same to office space. ....3 29 REPORT NO. PD-110-93 PAGE 3 3.2 The applicant has submitted a report entitled a Professional Opinion About The Retail Feasibility Of The Property At 1678 Kinq street East (Highway NO.2) Town of Newcastle in support of the application. This was supplemented with a letter addressing staff concerns outlined in the Public Meeting report (PD-206-92). 4 EXISTING AND SURROUNDING USES 4.1 The site is currently occupied with an two storey house and barn. In the recent months there have been a number of travel trailers located on the property, of which two or three are in the process of being sold. A retail sales of recreational vehicles and accessories is not permitted in either the current or proposed zoning. 4.2 Surrounding South: East: land uses are as follows: existing residential dwellings fronting on King street. existing residence, Black Creek and vacant lands subject to development applications. the Black Creek, an existing townhouse development and Court ice North Public School. Court ice Baptist Church and a retail property. North: West: 5 PUBLIC MEETING AND RESPONSE 5.1 Pursuant to Council's resolution of July 26, 1982 and 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 and tenant within the 120 metre prescribed distance. 5.2 A neighbouring land owner on the south side of King Street addressed Committee at the Public Meeting. Concerns were raised with respect to the impact from the development on the 10. ...4 ~) 0 REPORT NO. PD-110-93 PAGE 4 neighbouring residents' wells and the perceived dangerous situation which has been created by the proposed access to the site across from this neighbours driveway. 6 OFFICIAL PLAN POLICIES 6.1 within the existing Durham Regional Official Plan (1976) the subject property is designated 'Residential' and 'Hazard Lands' with 'Environmentally Sensitive Areas'. The Hazard Lands and Environmentally Sensitive Area designation applies to those lands located below the top of bank on the subject property. The applicant is not proposing to develop lands below the top of bank, although a small cut and fill program would be required should this application be approved. The Residential policies state the predominant use of lands shall be for housing purposes. However, limited office development and limited retail and personal service uses may be permitted in the Residential designation, subject to the inclusion of appropriate provisions in the local plans and zoning by-laws. 6.2 In the Council adopted 1991 Durham Regional Official Plan the subj ect lands appear to be wi thin the Main Central Area designation. The boundaries and detailed land uses are to be determined through the local official plan. 6.3 within the Official Plan of the former Town of Newcastle the subject property is designated 'Residential' and 'Major Open Space with Hazard Land' and partially within the Community Central Area. The Major Open Space with Hazard Land designation identifies the Black Creek and associated valley lands. As the applicant is not proposing to develop the lands below the top of bank these policies are not applicable. Residential dwellings shall be the predominant use of lands designated "Residential". As a result, amendment to the plan is required. ....5 :~\ 31 REPORT NO. PD-110-93 PAGE 5 6.4 wi thin the Courtice South Neighbourhood Plan the subj ect lands are designated "Residential" and "Major Open space". As with the official plan policies noted above the Major Open Space policies reflect the valley lands associated with the Black Creek. Therefore, these policies are not applicable to this development. The residential policies do not define specific densities in order to allow for greater flexibility. Instead locational criteria and the population target are utilized to determine densities for specific areas. The proposed commercial development would require an amendment to the Neighbourhood Plan. 7 ZONING 7.1 The current zoning on the subject property is "Urban Residential Type One (R1)" and "Environmental Protection (EP)". The "R1" zones permits single family dwelling units, semi-detachedjlink units, and duplex dwellings only, hence the need for .the rezoning application to permit the proposed development. The application does not propose to rezone the "EP" zone. 8 AGENCY COMMENTS 8.1 In accordance with departmental procedure, the subject application was circulated to a number of agencies and departments for comment. The Peterborough victoria Northumberland Newcastle Separate School Board provided no objection to the proposed plan amendment and rezoning. 8.2 The Municipality of Clarington Public Works Department advised that they have no objection in principle to the development subject to satisfying various conditions. The applicant is required to obtain written approvals from the Ministry of Transportation and the Central Lake ontario Conservation Authority. The applicant's engineer must prepare a grading .. ...6 32 REPORT NO. PD-110-93 PAGE 6 and drainage plan that details conveyance of storm drainage, both major and minor systems from the site, as well a Stormwater Management Report which provides for the stormwater management works necessary for the development of these lands. In addition, the applicant must satisfy all the standard requirements of the Public Works Department. 8.3 The Fire Department, the Community services Department and the Public School Board advised that until the number of residential units is established further comments could not be provided. 8.4 The Region of Durham has provided comments stating that municipal water and sanitary sewer servicing is not available and the Region has no plans to extend services at this time. It is the applicants responsibility to provide the Region a servicing report. The report shall contain full engineering drawings, all easements to be acquired and provide for a servlclng agreement to be entered into with the Region, all costs to be borne by the applicant. until this is available the applications are deemed to be premature. 8.5 Regional Planning staff have advised that within the existing Durham Regional Official Plan (1976), the property is in the vicinity of "community Central Area", "Residential Area" and "Major Open Space". Regional Staff would consider the application to be in conformity should the application be included wi thin the boundary of the Central Area in the Municipality's Official Plan. The 1991 D.R.O.P. has similar designations, with the community Central Area now being designated Main Central Area. Based on the comments of the Regional Works Department, Regional Planning Staff concluded the application is considered premature given the lack of services. ....7 77 J) REPORT NO. PD-110-93 PAGE 7 8.6 The Ministry of Transportation provided comments stating they were prepared to allow one commercial entrance to serve all three proposed phases of the development. The owner will be required to submit a traffic report addressing peak hour turning volumes prior to Ministry staff determining the entrance location. The Ministry also advised of their 14m (45 feet) setback requirement and advised that all drainage be directed to the Black Creek. 8.7 The Ministry of Natural Resources provided no objection to the redesignation and rezoning of the "Residential" lands to permit the proposed uses. However, Ministry staff remained concerned with the potential for water quality degradation as a result of this development and will provide further comments to this end through the site plan review process. Ministry of Natural Resources Staff also requested that "EP" zone be maintained and extend to the top-of-bank to protect the treed valleylands. 8.8 The Central Lake ontario Conservation Authority advised that the subj ect lands are traversed by the Black Creek. The Black Creek and its associated valley lands have been identified as an area of high environmental sensitivity and the valley lands are further addressed in the 1990 Kanter report Greenlands. Authori ty Staff expressed concern that the proposed development plan for these lands may have an adverse impact on this watercourse and the associated environmentally sensitive lands surrounding this valley area. As such they requested that an appropriate setback area be established prior to approving the proposed applications and that this setback area be placed within a restrictive designation and zoning. 9 STAFF COMMENTS 9.1 The proponent has filed both an Official Plan Amendment and 0...8 74 J. REPORT NO. PD-110-93 PAGE 8 Zoning By-law Amendment. The application proposes 2160 sqjm of retail floor space and 2070 sq/m of residential floor space. The development is proposed to be developed in three phases, with the existing dwelling being converted to office space as part of the first phase. Furthermore, the proponent is proposing to undertake a cut and fill program of the CLOCA defined top-of-bank, thereby increasing the table land available for development. This aspect of the application would require Conservation Authority and the Ministry of Natural Resources approval prior to rezoning and site plan approval. 9.2 Comments from Regional Works Department stated that there is no municipal water and sanitary sewer available to the site and there are no plans to extend such services. As a result of the lack of services both Regional Works and Planning consider the application to be premature. Furthermore, Conservation Authority advised of concerns with respect to adverse impacts on the environmentally sensitive lands surrounding the Black Creek valley area, and requested setbacks to be established prior to approving the proposed applications. Such setbacks have not yet been established. 9.3 "The Professional Opinion About the Retail Feasibility of the Property at 1678 King Street East (Highway NO.2) Town of Newcastle" was reviewed by Staff within the context of the Commercial Hierarchy Study prepared by Arthur Anderson and Associates on behalf of the municipality. In this regard, the "Professional opinion" provided by the applicant's consultant does not appear to be completely consistent with the conclusions reached by Arthur Anderson and Associates. Although the "Professional Opinion" report recommends the development be phased, with the first phase commencing immediately, the Hierarchy Study concludes that the majority ....9 )/ I~. ,J REPORT NO. PD-110-93 PAGE 9 of growth for the Main Central Area (Trulls Road/Highway 2) will not and should not occur until the Courtice area achieves a population of 19,000. (The Court ice area currently has a population of only 11,500). 9.4 The Commercial Hierarchy study suggests the Sub Central Area at Townline Road and Highway # 2 should be the focus of commercial growth for the Courtice Area in the immediate future. As noted previously, development in the Main Central Area should be delayed until the Court ice population has reached a certain population threshold which can support additional commercial development; Over designation of commercial development at this time would jeopardize orderly planned commercial development for Court ice and would not be in the interest of the municipality. 9.5 Although the subject property is located in the general vicinity of the designated Main Central Area, the boundaries of the said Main Central Area as well as the detailing of various land uses have yet to be defined in the local Official Plan or in a secondary plan. Any piecemeal designation within or in proximity to the Main Central Area will jeopardize the proper planning of this part of Courtice. There are currently more than enough approved or designated commercial development within Courtice that would meet the need of the residents of Court ice for many years to come. Council will reca'11 the last commercial development application by R. Gay Holdings was approved with very specific phasing policies to ensure commercial development in Court ice will occur in a planned and orderly fashion. In summary, any change to the Official Plan for additional commercial development in Court ice cannot be justified at this time. . . . .10 36 REPORT NO. PD-110-93 PAGE 10 10 CONCLUSION 10.1 For the reasons stated in this report, staff recommend that the application by Mopro Construction for Official Plan Amendment and Zoning By-law Amendment be DENIED. Respectfully submitted, Recommended for presentation to the Committee t p~~c~_ oJL~ Franklin Wu, M.C.I.P. Director of Planning and Development CP*FW*cc *Attach 12 July 1993 Interested parties decision: to be notified of Council and Committee's MOPRO Construction 309 Kendalwood Road WHITBY, ontario L1N 2G2 Gay Property Management P. O. Box 2065 OSHAWA, ontario L1H 7V4 Leeann Muir 1675 Highway No. 2 COURTICE, ontario L1E 2R5 stephen King 235 Kenilworth Avenue TORONTO, ontario M4L 3S7 Attn: Bob Martindale Greer Galloway Group Inc. 1415 King street COURTICE, ontario L1E 2J6 ) r ~ SUBJECT SITE LOT 31 LOT 30 LOT 29 ~-" .I I I ' NASH ROAD Rl (H).R r I . .. COURTICE ~ KEY MAP 5rz; 100 200 3?Om \S) J Dev. 92-028,OPA 92-01 OIN I .. ,1---,-:-- - -- Qr-~I~ / r-n_-r,~:-:/T-------~ -+ w , ,/ _', ~ I : I ('l / L"" L:~~~~;l : ! I: / ~ ,r---:- 1 i " /' /" I r-----.J L 1 t-- I' I I :----------.::.:---.:-.::.::.::r--=-::.--l ' I I I I ~----- ------1 I 'I : ' / r--- I I 1 ,- -- --- - ----~ (j j: ;1rl I I ~----- -----t I ! ~ I E, I ' L______ ' if L_i v I ~- - ---, -----: ~r----~ I ' -----1 1 f~-----; I' I t~=~= -----t 1 l r::::y L_. l~~i-I :::::Wj I 1;<-,1 ~ i [---.c/ -----11 I I _____J ,~ I -,>< - ------jl 1 II I ~ t II I ------ ... 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