HomeMy WebLinkAboutPD-1-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: GEORGIAN.GPA
REPORT
PUBLIC MEETING \ 1 I `(DV�
Meeting: General Purpose and Administration Committee File # )kM4 . Ci,',
Date: Monday, January 6, 1997 Res. #L �1 -
Report #: PD -1 -97 File #:DEV 89 -116 (X -REF: 18T- 89092) By -law #.
APPLICANT: Subject: REZONING APPLICATION AND PROPOSED PLAN OF SUBDIVISION
-• ASSOC. ON ORGIAN"
WOODS DIVISION OF 651183 ONTARIO LTD.
PART LOT 8, CONCESSION • - TOWNSHIP OF DARLINGTON (TY-•
FILE: DEV 89-116 (X-REF: ..0•
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -1 -97 be received;
2. THAT the application to amend Comprehensive Zoning By -law 84 -63 of the former
Town of Newcastle, submitted on behalf of 651183 Ontario Ltd. - Georgian Woods
Division be referred back to staff for further processing and the preparation of a
subsequent report following the receipt of the outstanding agency comments; and
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1.1 Owners: 651183 Ontario Ltd. - Georgian Woods Division
1.2 Agent: Armstrong Harrison Associates
1.3 Zoning: from in part "Residential Hamlet (RH) ", "Residential Hamlet
Exception (RH -5) ", "Agricultural Exception (A -1)" and
"Environmental Protection (EP)" to appropriate zones to permit
the development of a 20 lot plan of subdivision.
1.4 Subdivision: seeking approval of a plan of subdivision consisting of twenty
(20) single detached dwelling units and an open space block.
1.5 Area: 15.405 hectares (38.065 acres)
ME
REPORT NO. PD -1 -97 PAGE 2
2. BACKGROUND
2.1 On September 13, 1989 the Planning and Development Department received an
application to amend Zoning By -law 84 -63 in order to permit the development of a 24
lot plan of subdivision. On September 25, 1989 the Planning and Development
Department was advised by the Region of Durham of an application for a proposed
plan of subdivision to implement the development.
2.2 A public meeting for the rezoning application was held on January 22, 1990. There
was considerable objection to the proposed subdivision, at least the northern portion.
One person spoke on behalf of the Tyrone Ratepayers Association against the
subdivision. The Tyrone Ratepayers Association circulated a petition opposing
expansion of the hamlet that gathered sixty -three (63) names.
2.3 On February 12, 1990 Council endorsed the recommendation contained within Staff
Report PD -31 -90 denying the Rezoning application, the Official Plan Amendment and
the Plan of Subdivision for that portion of the site north of the existing Hamlet of
Tyrone boundary. Referred back to staff for further processing was that portion of the
site south of the existing Hamlet of Tyrone boundary.
2.4 The approved Clarington Official Plan (October 31, 1996) includes the entire site
within the Hamlet of Tyrone and represents a change in Council's position from that
of February 12, 1990. In light of this circumstance and the fact that the last Public
Meeting was held almost seven (7) years ago (on January 22, 1990) another public
meeting is required to consider the entire Plan of Subdivision. As staff would note,
there have been minor changes in the plan of subdivision such as the reduction in the
number of dwellings from 24 to 20 and changes in the number and configuration of
open space blocks.
REPORT NO. PD -1 -97 PAGE 3
2.5 The proposal is situated on a 15.405 hectare (38.065 acre) parcel of land located in
the northeastern quadrant of the Hamlet of Tyrone, a small distance north of
Concession Road 7 and fronting on the east side of Regional Road 14. The more
formal location description is Part Lot 8, Concession 7, former Township of Darlington.
The subdivision proposal is a cul -de -sac accessed from Regional Road 14.
3.1 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 within
the prescribed distance.
3.2 As a result of the public notification process, to date, the Planning and Development
Department has not received any written, counter or telephone inquiries /comments.
4.1 Within the Durham Regional Official Plan, the subject property is located within the
designated hamlet of Tyrone. According to Policy 13.3.2, the size of each hamlet
shall be determined in accordance with the policies of the Regional Official Plan and
the respective area municipal official plan. The application conforms.
4.2 Within the Caalington Official Plan, the subject property is designated Hamlet
Residential and Major Open Space. The application, through the submission of the
Draft Plan of Subdivision conforms to the land use designations.
5.1 Within Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle, the
subject property is zoned in part "Residential Hamlet (RH) ", "Residential Hamlet
Exception (RH -5) ", "Environmental Protection (EP)" and "Agricultural Exception (A -1) ".
=I
REPORT NO. PD -1 -97 PAGE 4
The rezoning application is needed to permit the development of the 20 lot plan of
subdivision, as filed.
6.1 The rezoning and subdivision applications were circulated to various agencies and
other departments by the Planning and Development Department.
Bell Canada has yet to send comments. No comments or objections were received
from Ontario Hydro. All other comments received to date and as set out below reflect
the current position of each agency /department.
6.2 The Ministry of the Environment, in reviewing the hydrogeological assessment reports,
acknowledged that an adequate potable water supply existed for individual lot
requirements. However, the plan of subdivision as proposed, created a sewage
effluent impact that exceeded the Ministry standards. A reduction in the number of
lots to 20 was found to be acceptable. Accordingly, the Ministry offered no objection
to draft approval, subject to a number of conditions being imposed through draft
approval.
6.3 The Ministry of Natural Resources has indicated that they have no objection to the
Plan of Subdivision subject to a number of conditions being imposed through draft
approval.
6.4 The Regional Planning Department, in a letter dated October 9, 1996, noted the
applicant had previously applied for an amendment to the 1976 Durham Regional
Official Plan to make Tyrone a "Hamlet for Growth ". With the approval of the 1991
Durham Plan, the need to amend the 1976 Durham Plan is no longer necessary.
1
REPORT NO. PD -1 -97 PAGE 5
Regarding the Official Plan of the former Town of Newcastle, the applicant had
previously applied for an amendment to the Plan to redesignate Tyrone from "Hamlet
for Infilling" to a "Hamlet for Growth ", redesignate the southern portion of the site from
"Long Term Residential Expansion" to "Residential Expansion" and to include the
subject property within the hamlet as a "Residential Expansion" area. In the adopted
Clarington Official Plan the lands are now designated "Hamlet Residential" and
"Environmental Protection" which conforms with the Hamlet designation in the 1991
Durham Plan.
6.6 The Regional Health Services Department by letter dated September 10, 1996 noted
that departmental site inspections identified a seasonal /intermittent watercourse
running through lots 2, 3, 6 and 7 which could impact the sewage disposal areas of
each lot. An on -site meeting between the developer, their consultant and the
Department was requested.
6.7 The Regional Works Department noted that as the proposal will not have municipal
sewer or water services, they would have no objection to the further processing of the
application. With respect to the impact on Regional Road 14, regional staff have
requested a 5.18 metre road widening, and 0.3 metre reserve along the frontage of
the subject land and a 17 x 7 metre day - lighting triangle at the north -east corner of
Street "A ".
6.8 The Central Lake Ontario Conservation Authority has noted that they generally find the
proposed twenty (20) lot plan of subdivision acceptable. Concern has been
expressed that the regulatory floodplain of Mackie Creek may extend into the eastern
part of lot 16. Any portion of lot 16 that is affected by the floodplain must be included
in the open space block on the draft plan. Additionally, the open space block should
be dedicated to an appropriate public agency. Pending the resolution of the limits of
REPORT NO. PD -1 -97 PAGE 6
lot 16, the Conservation Authority staff will advise the Region of Durham of their
conditions of draft approval.
6.9 The Public School Board noted that the proposal would generate approximately 6
students for the Enniskillen Public School which is presently over capacity and using
two portables. The Board has stated that if sidewalks were constructed on the
abutting external roads, they would have no objections to the proposal.
6.10 The Separate School Board noted that it has no objection to the subdivision proposal.
Students from the subdivision will likely be accommodated in the Board's Bowmanville
schools. The Board requires notification of plan registration in order to better
determine the timing of the subdivision.
6.11 The Clarington Public Works Department has no objections to the proposed plan of
subdivision, in principle. It was noted that the proposal would be subject to a number
of conditions that would be incorporated in the conditions of draft approval.
6.12 The Clarington Fire Department indicated the site is within the response area of
Station No. 5 - Enniskillen.
6.13 The Community Services Department noted that the Municipality is prepared to accept
the Mackie Creek Valleylands dedicated to it gratuitously. A 5.0 metre wide, level
right -of -way between Lots 10 and 11 is to be provided for access purposes.
7. STAFF COMMENTS
7.1 As the purpose of this report is to give the status of the applications for the public
meeting, it is appropriate to have the applications referred back to staff for further
processing.
•�l
REPORT NO. PD -1 -97 PAGE 7
Respectfully submitted,
(-a
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
BR *LDT *FW *cc
Reviewed by,
Attachment # 1 - Site Location Key Map
Attachment # 2 - Revision No. 4 to Proposed Plan of Subdivision 18T -89092
December 23, 1996
Interested parties to be notified of Council and Committee's decision:
Ms. Kathryn Harrison
Armstrong Harrison Associates
Unit 1, 1380 Hopkins Street
Whitby, Ontario
L1 N 2C3
608
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