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Home My WebLink AboutPSD-031-05 Cl~!il1gton REPORT PLANNING SERVICES PUBLIC MEETING GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Meeting: Date: Monday, March 7, 2005 Report #: PS 0-031-05 File #: COPA 2005-002 (2('( ~i/ {!jJfI-/ / 7 -() '..:.: By-law #: Subject: OFFICIAL PLAN AMENDMENT APPLICATION TO PERMIT LOW AND MEDIUM DENSITY RESIDENTIAL USES APPLICANT: FIRsT.TECH MECHANICAL LIMITED AND MARIA WULCZYN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-031-05 be received; 2, THAT the application submitted by Weston Consulting Group Inc. on behalf of First-Tech Mechanical Limited and Maria Wulczyn be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding information and agency comments; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted b . Reviewed bQ Franklin Wu Chief Administrative Officer RH/CP/DCldf 28 February 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 608 REPORT NO.: PsD-031-05 PAGE 2 1.0 APPLICATION DETAILS 1,1 Applicant: First-Tech Mechanical Limited and Maria Wulczyn 1.2 Agent: Weston Consulting Group Inc. 1.3 Official Plan Amendment: To amend the "Special Policy Area F - King Street Corridor" policies to permit low and medium density residential uses within a draft plan of subdivision and to facilitate the severance of the existing single detached dwelling from the subject lands, 1.4 Site Area: 0,39 hectares 2.0 LOCATION 2.1 The combined lands subject to these applications are located in Courtice at 1613 Highway 2 between Sandringham Drive and Trulls Road and at 33 Kennedy Drive (see Attachment 1). The property also has frontage on Kennedy Drive. The applicant's land holdings total 0,30 hectares (0.74 acres), The property is located within Part Lot 31, Concession 2, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On January 27, 2005, Weston Consulting Group Inc., on behalf of First-Tech Mechanical Limited and Maria Wulczyn, submitted an application to amend the Clarington Official Plan. The application proposes to amend the "Special Policy Area F - King Street Corridor" policies to permit low and medium density residential uses within a draft plan of subdivision and to facilitate the severance of the existing single detached dwelling fronting on Highway No, 2 from the subject lands. 3,2 Related rezoning (ZBA 2001-016) and draft plan of subdivision (S-C-2001-002) applications were submitted by Weston Consulting Group Inc. to the Municipality of Clarington on June 25, 2001. The revised draft plan of subdivision consists of 3 single detached lots and 7 townhouse units (see Attachment 1). The townhouses would access Highway 2 through a rear lane while the single detached lots fronting on Kennedy Drive could gain access from Kennedy Drive and/or the rear lane. 3,3 Two properties are the subject of these combined applications. First-Tech Mechanical Limited and Maria Wulczyn own the property located at 1613 Highway 2, which fronts on Highway 2 and Kennedy Drive. A small parcel of 609 REPORT NO.: PsD-031-05 PAGE 3 land is required from Percy Napper at 33 Kennedy Drive to provide frontage for two of the four proposed single detached lots on Kennedy Drive. 3.4 The applicants had submitted two related severance applications in the year 2000. One application (LD 159/2000) would sever the house contained on the subject lands from the vacant property. The second application (LD 158/2000) would sever a small parcel of land from Percy Napper's property to provide road frontage for some lots on Kennedy Drive. After being tabled on a number of occasions, Staff recommended that LD159/2000 be denied because the proposed severance did not conform to the Clarington Official plan policies. Staff recommended that LD158/2000 be tabled for a further year. 3,5 On September 14, 2004, the decisions of the Durham Region Land Division Committee were appealed to the Ontario Municipal Board, Since the severance did not conform with the Clarington Official Plan, the applicant submitted this official plan amendment application. An OMB hearing scheduled for February 16, 2005 has been adjourned to allow processing of this application. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property owned by First-Tech Mechanical Limited and Maria Wulczyn is vacant and contains some low vegetation and young trees around the perimeter. An existing single detached dwelling is located on the east side of the Highway 2 property. 4,2 Surrounding Uses: East - North - West - South - Urban residential Urban residential Courtice Motel and Scoops ice cream shop Urban residential 5.0 OFFICIAL PLAN POLICIES 5,1 The lands are designated "Living Area" within the Durham Regional Official Plan. Residential uses are permitted within this designation. The application conforms to the policies. 5,2 The Clarington Official Plan designates the property "Special Policy Area F - King Street Corridor". Medium and high density residential uses are permitted within this designation. Although the townhouse portion of the proposal conforms to the medium density range, the proposed single detached development and the proposed severance of the single detached dwelling fronting on Highway 2 does not conform, 610 REPORT NO.: PsD-031-05 PAGE 4 Highway 2 is designated a Type 'B' arterial and a Regional Transit Spine. The proposed official plan amendment submitted by the applicant with the application is contained in Attachment 2 of this report. The amendment proposes to amend Table 9-1 of the Clarington Official Plan, however a revised Table has not been included with the amendment 6.0 ZONING BY-LAW CONFORMITY 6.1 The lands at 1613 Highway 2 are currently zoned "Holding-Urban Residential Type One ((H)R1) Zone", which does not permit the proposed housing mix. In order to permit the proposal, a rezoning application previously was submitted for consideration. 6.2 The portion of land at 33 Kennedy Drive is zoned "Urban Residential Type Two (R2) Zone", which recognizes the existing development. In order to permit the proposal, the rezoning application also covers this area. 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the property's road frontages. No general inquiries have been received on this development application. 8.0 AGENCY COMMENTS 8.1 The Clarington Emergency Services Department has no objections to the proposed development. 8.2 Due to the limited commenting period, comments from the Clarington Engineering Services, Durham Region Planning Department, Durham Region Public Works Department, Central Lake Ontario Conservation Authority, various utilities, and the school boards have not been received to date. 9.0 STAFF COMMENTS 9.1 The Highway 2 Corridor in Courtice is an area of transition from the original large lot single detached dwelling to an area of more intense uses to take advantage of the Regional Transit Spine. "Highway to Mainstreet: Courtice Highway 2 Corridor and Main Central Area Study" was completed in June 2001 to provide assistance with the transition of the area in facilitating redevelopment or infill development. The study recommended that the subject lands be designated for medium andlor high density residential uses. The proposed Secondary Plan presented in 2002 would permit low density housing fronting on Kennedy Drive as a buffer between 611 REPORT NO.: PsD-031.05 PAGE 5 existing low density areas and new medium or high density residential areas fronting on Highway 2. 9.2 On June 17, 2002, Staff forwarded a report for Committee and Council's consideration with a proposed secondary plan for the study area. A number of delegations requested that various policies in the plan be changed. On that basis, Council tabled the report and directed Staff to meet with these landowners to resolve the issues. Since Staff have not been able to revisit this study to date, these matters remain outstanding. 9,3 The owners have submitted an application to sever the existing house from the vacant portion of the property, effectively allowing the house to remain. Retention of the single dwelling is contrary to the policies of Special Policy Area "F". Staff are concerned that this severance will make the redevelopment of this single detached lot in conjunction with adjacent properties more difficult for longer term proposition. 9.4 Through previous submissions, the applicant has not addressed servicing issues for the proposed subdivision and severance to the satisfaction of the Clarington Engineering Services Department. The Durham Region Public Works Department also has raised concerns with previous servicing schemes for the severance. These issues must be resolved by the applicant. 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements for Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. Attachment 1 - Key Map Attachment 2 - Proposed Amendment to the Clarington Official Plan List of interested parties to be advised of Council's decision: Peter Weston Tom Robinson Gordon Lund First-Tech Mechanical Limited and Maria Wulczyn Percy Napper Bill Clark 612 ATTACHMEINT 1 / _ \ _r -- ~~,: ~ DURHAM HIGHWAY 2 ==:==/- - - -- ~ - ---- -' .----- --.-- _._---~_.__.__..- ~6---= '10'.., '---- 49_9615 BLOC B Ro.o WI CK 6 ""'L-J"~' --- - -t M~~ --== ~;,-~ - - " , i --"""1..::~ ~ ~ ~ BLO K 4 I I I I .9.9!l8 ". OF ILOT CON SSION ~ ~ LOT 2 ~ ~ "FR"~''''I'''~ KENNEDY DRIVE 'Jo. 1!l_OO '.I.", r- 1 . " ~ ,.- COP A 2005-002 clarington Official Plan Amendment Related Files S-C-2001-002 Subdivision Application ZBA2001-016 Zoning By-law Amendment LD. 15912000 Land Division Owner: Maria Wulczyn and First-Tech Mechanical Limited 613 DRAFT ATTACHMENT 2 AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment is to exempt the subject property from the "Special Policy Area - F" designation and permit a minor reduction to the density requirement. BASIS: To facilitate the development of the subject property for residential uses on the basis of the Draft Plan of Subdivision and Zoning By-law Amendment applications. ACTUAL AMENDMENT: 1. Delete subject lands from "Special Policy Area - F" designation (Section 16.8 - Municipality of Clarington Official Plan) to permit the proposed residential development. 2. Amend Table 9-1 of the Municipality of Clarington Official Plan to reduce residential density standards to permit the proposed residential development. IMPLEMENTATION I INTERPRETATION: the Municipality of Clarington Official Plan. This Amendment refines the policies of 614 --..- --- ---..-- THE KING'S HIGHWAY No. 2 -----------~---- _-L-- _ ------ --- __.._ 0 0 -~ - ~ ~.ftU I I I I I EX. MOTELI I PAl'S..u r--- I I L t ~-,''::'" . ~-r-r-- II (' _.._ ~,~- ~..J II !:=- II -"''''- - ' - - - - - - - _ ---'\- EX. RESIDENTIAL E ............. \ LOT 13 II KENNEDY DRIV L-==-AN 1 OM~~_ --1 . ---;;:-~ESIDENTIAL ~ OFFICIAL PLAN of the MUNICIPALITY OF CLARINGTON ~IOlENT NO. LEGEND I I EXTENT OF APPLICANT'S LAND HOLDINGS I " "I PROPOSED SINGLE F AMIL Y RESIDENTiAl P\ ^ )<I PROPOSED MEDIUM DENSITY RESIDENTiAl SCHEDULE 'A' II DATE:JAN OS/2005 II SCAlE 1:500 615