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HomeMy WebLinkAboutPD-11-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN:DEV95012.GPA REPORT i�,�gT; 95C) Meeting: General Purpose and Administration Committee File #, �� U0 Date: Monday, January 20, 1997 Res. —97 Report #: PD -11 -97 File #: 18T -95014 and DEV 95 -012 gg law # LD 230/95 to LD 233/95 incl�isive) Subject: PROPOSED PLAN OF SUBDIVISION AND ZONING BY -LAW AMENDMENT CLARINGTON DEVELOPMENT CORPORATION PART LOT 30, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: 18T -95014 AND DEV 95 -012 (X -REF: LD 230/95 TO LD 233/95 INCLUSIVE) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -11 -97 be received; 2. THAT the proposed Plan of Subdivision 18T -95014 revised and dated May 1996, as per Attachment No. 1 be APPROVED subject to the conditions contained in 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 at such time as the Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning; 4. THAT the application to amend the former Town of Newcastle Comprehensive Zoning By -law 84 -63, as amended, be APPROVED and the "Holding (H)" symbol be removed by By -law upon execution of a Subdivision Agreement; 5. THAT a copy of the Report and Council's decision be forwarded to the Region of Durham Planning Department; and 6. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Clarington Development Corporation 1.2 Agent: D.G. Biddle & Associates Limited 630 REPORT 1.3 Rezoning Application: From "Agricultural (A)" and "Holding - Urban Residential Type One ((H)R1) to permit the development of a proposed plan of subdivision. 1.4 Proposed Plan of Subdivision: For a total of 140 units consisting of 58 single family units, 36 semi - detached /link units, 46 townhouse units and various blocks for school, future roads and future development. 1.5 Land Area: 7.887 hectares (19.48 acres) 2. LOCATION 2.1 The subject property is located south of Avondale Drive and east of Trulls Road in Courtice. 3. BACKGROUND 3.1 The applicant had filed a total of four applications, three with the Municipality and one with the Region of Durham. Two of these applications were dealt with following approval of the Clarington Official Plan, this included a local Official Plan Amendment application proposing to expand the Courtice Urban Area boundary to include the subject lands, and a Neighbourhood Plan Amendment application for expansion to the Neighbourhood Plan boundary and detailed land uses including the road locations. The applications for Draft Approval of a proposed Plan of Subdivision and the rezoning were referred back to Staff for a subsequent report. 3.2 The initial subdivision application proposed a total of 177 units and proposed the use of a "rear lane" which was to provide access for 28 singles and 8 Blocks for 48 townhouse units. The applicant was advised that the plan as originally proposed did not accommodate any blocks for future school use or road connections to the south. Furthermore, the Municipality had yet to develop 63 REPORT NO.: PD -11 -97 PAGE 3 standards to review applications for rear lanes. Subsequently, revisions to the application for Plan of Subdivision has reduced the overall number of units by 37 to 140, this included a slight reduction in land area. The reduction in area is attributed to the removal of lands from the subdivision application, south of Avondale Drive, opposite Weaver Street. These lands, along with abutting lots on either side are now subject of a consent application (LD 230/95 to 233/95 inclusive) for two additional lots. Although, the lands have been removed from the subdivision application, they remain part of the rezoning file and are included in the proposed by -law amendment. 3.3 A Public Meeting as required under the Planning Act was held on September 5, 1995. The applicant was the only one to address Committee at this meeting, however, various area residents have requested to be kept informed of the progress of the application. One resident, from Hearthstone Crescent, has expressed his objection to the applications stating it will generate more traffic, create too much residential in the area and further the construction mess. 4. NEIGHBOURHOOD DESIGN PLAN 4.1 In accordance with Section 9.5.3 of the Clarington Official Plan a Neighbourhood Design Plan was prepared for the Avondale Neighbourhood, No. 7. Council was made aware of the preparation of a Neighbourhood Concept Plan in September 1996. The Neighbourhood Design Plan is to provide a visual interpretation of the future development for the neighbourhood. 4.2 In November after receiving comments from all the agencies a public open house was scheduled, at which time the plan was presented to area residents. The evening was well attended, with few negative comments on the plan design. Most people were concerned about the timing of development, while representatives of the Trulls Road Free Methodist Church enquired about the ability of the Church to expand and requested the relocation of the proposed REPORT PAGE Q east -west, Type C arterial which forms the south limit of this neighbourhood (see attached). 4.3 The location of the east -west arterial was studied through the Official Plan review and revisited through the preparation of the Neighbourhood Design Plan. Through the Official Plan review, the Region of Durham required this road to be located at a point north of Bloor Street equal to one -third the distance between Bloor Street and Highway 2. The location identified in the Neighbourhood Concept Plan satisfies this requirement. In consideration of this constraint and the location and condition of the existing housing stock, Staff do not feel the road can be adjusted southerly. Staff will be utilizing the Neighbourhood Concept Plan to review any future development applications within the Avondale Neighbourhood. 5. EXISTING AND SURROUNDING USES 5.1 The existing site is currently vacant and is being used for temporary storage of topsoil for the development of the lands to the north. 5.2 Surrounding land uses are as follows: South: existing church and vacant lands East: vacant lands M North: residential development West: Trulls Road, residential and vacant lands subject to development applications OFFICIAL PLAN POLICIES Within the Durham Regional Official Plan the subject property is designated "Living Area ". Said designation shall permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. The proposal appears to conform. Ist REPORT PAGE N 6.2 Within the Clarington Official Plan the subject lands are designated Urban Residential within the Avondale Neighbourhood, No. 7 of the Courtice Urban Area. In addition, the Official Plan designates a medium density symbol, a north -south collector road and Separate Elementary and Secondary School symbol in proximity of the subject lands. 6.3 The predominant use of lands designated Urban Residential is for housing with an overall density up to 30 units per net ha. The medium density symbol allows housing to be developed with a density between 31 -60 units per net ha, generally within a block not exceeding 60 units. The application would appear to conform. 7.1 The current zoning on the subject property is "Agricultural (A)" and "Holding Urban Residential Type One ((H)R1). Said zones, as currently located, would not permit the development of the proposed Plan of Subdivision, hence the application for rezoning. 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 Clarington Fire Department, Bell Canada and Ontario Hydro have all advised they have no objection to further approval of the applications filed. 8.2 The Clarington Public Works Department provide joint comments for both the Engineering Division, as well as the Parks Division. The Engineering Division advised they have no objection to the proposal subject to a number of conditions: The applicant is required to dedicate a 5.18 metre wide road widening, along with a number of 0.3 metre reserves free and clear of all encumbrances; the east side of Farmington Drive must be fully serviced to accommodate the future Schools; Block 85 is to be retained by the developer for a future road allowance, and the subdivision agreement shall specify the blocks function and details for 634 1:1:43:9101:1 • . development and maintenance of it; the applicant will be responsible for 100% of the cost of constructing direct road connections with Farmington Drive and Avondale Drive; the developer will be required to contribute an appropriate financial share of the cost of connecting to the "Courtice South Drainage Outfall System "; and the developer is required to submit for approval a Master Grading and Drainage Plan that details the configuration of the on -site storm sewer system and conveyance of the overland flow. 8.3 The Parks Division advised that as a condition of approval cash -in -lieu of parkland payment, equal to 1 ha per 300 dwelling units, be accepted. 8.4 The Ministry of Culture, Tourism and Recreation has provided comments advising the subject property has a medium potential for causing impacts to cultural heritage resources. Consequently, the Ministry has recommended that as a condition of approval a cultural heritage resource assessment take place prior to any development of the property. 8.5 Regional Works Staff have advised that both water and sanitary sewer are available to the property by extension from Yorkville Drive. Works Staff note that provision for a sanitary connection to the existing Church located south of this site should be made. A 5.18 metre road widening and 0.3 metre reserve are requested across the total frontage of the property on Trulls Road. 8.6 The Central Lake Ontario Conservation Authority staff advised they have no objection to the application as submitted subject to conditions of approval. The conditions include a requirement for obtaining CLOCA approval for; the intended means of conveying stormwater flow from the site; the anticipated impact of the development on water quality; how on -site erosion and sedimentation will be minimized; and for on -site grading plans which indicate the 100 year major overland flow route through the site. 635 REPORT NO.: PD -11 -97 PAGE 7 8.7 The Separate School Board advised that although they would prefer to acquire a location which is contained on one ownership, they have no objection to the application as filed subject to a condition reserving the block, for school purposes, for a period of 10 years. 8.8 The Public School Board has advised that this development will yield approximately 46 students. Although a Public Elementary School site is planned in the development immediately to the north, it will not be available for occupancy until at least September of 1997. As such the students generated from this development will attend Courtice South Public School, which is over capacity with 9 portables on site. The School Board wishes to ensure that this development is phased to ensure satisfactory arrangements are in place for students generated by this development. 9. STAFF COMMENTS 9.1 The proposed subdivision application, as revised, is for a 140 unit residential development. The subject property abuts the south -east limits of the current residential development in Courtice urban area, and is within an area of Courtice recently expanded through the adoption of the Clarington Official Plan. 9.2 Prior to consideration of the subject applications, and in accordance with the policies of the Clarington Official Plan, a Neighbourhood Design Concept was prepared and presented to landowners within the neighbourhood, as well as other impacted landowners. The Concept Plan was generally accepted by all landowners, although some concern was received from the Church as to impact on their possible future expansion plans. As noted previously in this report, this is an aspect of the Concept Plan staff do not feel can be revised without creating a negative impact. The Concept Plan will be used to review future development applications within this neighbourhood. The application complies with the Concept Plan. 6 36 REPORT NO.: PD -11 -97 PAGE 8 9.3 The application is proposing a mix of singles on both 10 and 12 metre frontages, semi - detached /link lots on 18 metre frontage and on- street townhouses with 6.0 metre frontage. As well, the application is part of a planned neighbourhood of 1,300 units which provides a range of housing types and density, in conformity with the provincial Policy Statement. 9.4 The zoning application is also recommended for approval to implement the proposed subdivision. Similar to the zoning in South West Courtice Area, a 4.5 metre front yard setback is proposed to the dwelling for the singles and linked units. Also the lands subject to the land division application are being zoned "(H)R2 ", similar to abutting uses. 10. CONCLUSION 10.1 In consideration of the positive comments received from the various Agencies and Departments circulated, and the staff comments contained in the above report, staff would have no objection to supporting the subject proposed plan of subdivision application subject to the conditions of approval contained in the attachments, and approving the attached By -law Amendment. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development CP *FW *cc 10 January 1997 Attachment No. 1: Key Map Attachment No. 2: Neighbourhood Concept Plan Attachment No. 3: Proposed Draft Plan Attachment No. 4: Conditions of Draft Approval Attachment No. 5: Zoning By -law Reviewed by, W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Clarington Development Corporation 1748 Baseline Road COURTICE, Ontario L1 E 2T1 D.G. Biddle & Associates Limited 96 King Street East OSHAWA, Ontario L1 H 1 B6 Dick Vooys 2304 Trulls Road COURTICE, Ontario L1 E 2N2 Sam Gust The Oshawa Society of the Free Methodist Church 2301 Trulls Road COURTICE, Ontario L1 E 2N2 Rex Wilson 72 Hearthstone Crescent COURTICE, Ontario L1 E 2X8 Walter Fracz 2212 Trulls Road COURTICE, Ontario L1 E 2N2 638 i2_« ATTACHMENT NO. 1 1 I �Illliiii F,..Flrl � °a 0 w D 0 0 LOT 28 G N O U) V) Z O STREET[] I a CoURTuCE DEV. 9 C{EV MAP OPA 95/002/C NPA 95/002/CS 639 LEGEND TEICHI) Lg100D 80B,11M ARTSM /WUCTOR ROAD KGyC s ® 6.0 m STREET TONTAiOUSE SPECIAL s 10.0 m SMlGEE DETACHED STUDY AREA ' ■ � 12.0 m SNGIE DEfACHm No. 1 ■IN■ ■ ■ ■ ■ "6 ® 13.5 m SWCLE DETACHED II I� ( 4 15.0 m SWE DETACHED 1 16.0 m MA DETACHED t },1 r SEPARATE SCHOOL PLAN REGISTERED }1 DRAFT PUN APPR04ED } ti u .t-�- ScHO4l �IT� O'AN.S7QN RE t AVrlb U U d T� ■ t�4 � +ap'rQ r R¢� r ME _t rz,rs= f i J 7 q G — EXISTING ■»» SITE n, S . v eM ■ ■ ■ »» ■ AVONDALE NEIGHBOURHOOD ■» CONCEPT PLAN ■'» /-G1 D.O. �Iddl• i Limlt -d „aon»ulbinp an Oln��r lHAWA.o» ltH t• c (OOe)6 >i -eeo .Vt (ooe)e >s -O >ao Iwnz 1.2500 89097 BLOOR STREET �W� ww« an u,p.c. W.p.C. CIP -2 W.p.O. 96 -027 ATTACHMENT NO. 2 0 \ � � | § | � • | « §� � ��`�| | �| || ® |•�•, §. , ! M !�« § k � | | || a ■ Kw � � / 2,§ / )° §. ® %[! m�! \ � «§ (L {! || §22 -j I | §§ | |2L {s ■\}}§ ! k • | « §� � ��`�| | �| || ® |•�•, §. , ! M !�« § k � | | || a ■ Kw � � / e_,aR3 , ivmn ©®~ \_ ATTACHMENT NO. 8 ,.. 2,§ / )° §. ® %[! m�! \ � «§ 3° @�n 10 4; §22 -j I \)® §)§§\ {s ■\}}§ ! k } )ggm-w;2 | ;§ ~§a�� \�� §b7 e_,aR3 , ivmn ©®~ \_ ATTACHMENT NO. 8 ,.. ATTACHMENT NO. 4 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T -95014 prepared by D.G. Biddle & Associates Limited dated revised May 1996, showing 58 lots for single family detached dwellings, 18 lots, 36 units for semi - detached or linked dwellings; Blocks 77 inclusive to 84 for 46 on- street townhouses units; Block 86 for school; and various blocks for reserve, road widening, and future road allowance. 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 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. 6. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan, to be included on the Engineering drawings, to the satisfaction of the Directors of Public Works and Planning and Development. 7. That a Noise Control Report be undertaken, to the satisfaction of the Region of Durham and the Municipality, addressing among other matters, the feasibility of achieving acceptable levels of noise attenuation from Trulls Road. - Page 2- 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 widening, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. 10. That the Owner shall pay to the Municipality at the time of execution of the subdivision agreement, cash -in -lieu of parkland dedication for residential development equivalent to 1 ha per 300 dwelling units. 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 TV, etc. to be buried underground. 14. That the Owner shall deposit with the Municipality unconditional and irrevocable, Letters of Credit, acceptable to the Municipality's Treasurer, with respect to Performance Guarantees, Maintenance Guarantees, Occupancy Deposits and other guarantees or deposits as may be required by the Municipality. 15. That the Owner shall adhere to architectural control requirements of the Municipality. 16. That prior to the issuance of building permits, the Owner shall, through its acoustic engineer, to provide a certification to the Director of Planning, certifying that the Builder's plans are in accordance with the Noise Control Report as approved by the Region of Durham and the Municipality of Clarington. 17. 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. 09 MI - Page 3 - 18. The Owner agrees that where the well or private water supply of an 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. 19. That the applicant supply on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved. 20. That the road widening indicated as Block 87 on the proposed draft plan must be dedicated to the Municipality free and clear of any encumbrances. 21. That the 0.3 metre reserves indicated as Blocks 88 and 89 on the draft plan be dedicated to the Municipality free and clear of any encumbrances. 22. That additional 0.3 metre reserves are required in the following locations: i) on the exterior flankage of Lots 1, 14, 15, 28, 29, 42, 45 and 76, Blocks 77 and 84; ii) on the east, south and west sides of Block 85; iii) on the west side of the School Reserve Block (Block 86). 23. That the east side of Farmington Drive be serviced with water, sanitary sewer, storm sewer, hydro, telephone, and cable television for the future School Block which fronts onto Farmington Drive, 24. That Block 85 be retained by the developer as a block for future road allowance. The subdivision agreement must contain an appropriate clause which gives the Municipality the option of securing, at no cost, Block 85 in the event that it is deemed necessary for a future road allowance. Any clause must provide details on the time frame to exercise the option. 25. That the developer be 100% responsible for the cost of any required maintenance on Block 85 prior to the transfer of these lands to the Municipality. The subdivision agreement must contain a clause which details the developer's maintenance obligations for Block 85. ME - Page 4 - 26. That the location of the driveway entrances on Lots 67 and 68 be restricted to the centre of the lots. Due to the geometric design of the road allowance, restricting the location of the driveway entrances on these lots is necessary to ensure they function properly. 27. That Farmington Drive be constructed to the southerly limit of the draft plan. 28. That the applicant be responsible for 100% of the cost of constructing direct road connections with Farmington Drive and Avondale Drive. The extent of the works required shall be determined at the discretion of the Director of Public Works. 29. That the developer as a condition of connecting to the "Courtice South Drainage Outfall System" be required to contribute an appropriate financial share of the cost of this system. The final amount shall be determined in accordance with the provisions of the Newcastle Co- Tenancy Cost Apportionment Report and to the satisfaction of the Director of Public Works. 30. That the applicant's engineer be required to prepare a preliminary Master 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 these lands. Further comments and possible condition(s) regarding Grading and Drainage, financial and otherwise will be reserved until such time as the required plan has been submitted. 31. That the subject lands be placed in appropriate zoning categories with a Holding (H) symbol, and that the Holding (H) symbol be removed at such time as the applicant has entered into a subdivision agreement with the Municipality. 32. That the Owner satisfy all the conditions financial or otherwise of the external agencies as listed below: a) the Northumberland Clarington Public School Board; b) the Peterborough- Victoria - Northumberland and Clarington Separate School Board; c) the Central Lake Ontario Conservation Authority; d) the Ministry of Citizenship, Culture and Recreation; e) Ontario Hydro; f) Bell Canada; and g) the Region of Durham Works Department i� ATTACHMENT NO. 5 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 97- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle to permit the development of Plan of Subdivision 18T- 95014. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto, the following new Special Exception 13.4.17 as follows: "13.4.17 URBAN RESIDENTIAL EXCEPTION (R2 -17) Zone Notwithstanding the provisions of Section 13.1 and 13.2 those lands zoned R2 -17 on the schedules to this By -law shall only be used for a single family dwelling in accordance with the following zone regulations: a) Lot Area (minimum) 330 square metres b) Lot Frontage (minimum) i) Interior Lot 10.0 metres ii) Exterior Lot 13.5 metres c) Yard Requirements (minimum) i) Front Yard 6.0 metres to attached private garage or carport 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres on both sides with attached private garage or carport 3.0 metres on one side, 1.2 metres on the other side without attached private garage or carport iii) Exterior Side Yard 4.5 metres" 2. Schedule "4" to By -law 84 -63 as amended, is hereby further amended by changing the zone designation from "Agricultural (A)" and "Holding - Urban Residential Type One ((H)Rl)" to "Holding - Urban Residential Type One ((H)Rl) ", "Holding - Urban Residential Exception ((H)R1 -41) ", "Holding - Urban Residential Exception ((H)R1 -42) ", "Holding - Urban Residential Exception ((H)R2 -17)" and "Holding - Urban Residential Type Three ((H)R3)" as illustrated on the attached Schedule "A" hereto. Im -a- 3. Schedule "A" attached hereto shall form part of this By -law. 4. This By -law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY -LAW read a first time this day of 1997. BY -LAW read a second time this day of 1997. BY -LAW read a third time and finally passed this day of 1997. MAYOR CLERK No "M This is Schedule 'W' to By—law 97--, passed this day of 1997 A.D. ® v a�o�0 0.. _` um Wiff, sa i i d Iloilo NWHOT M, HRUM IF!, 11 If rpm INN 10.0 INS saomv art IN n II I :III!! HO ONS ARMIN U11.4 , H gn M§ an OMMW I I Le"MMIM] W Leg] M LOT 32 LOT 31 LOT 30 LOT 29 LOT 28 MUM ■ I ROAD 's _,,_ _ �_ 1...1. _r,,,,,,,,,, 0 1 C'4 z LJ E: D z 0 0 COURTICE IrSTR FF7 "M