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HomeMy WebLinkAboutPD-112-96DN: 18T95oo9.GPTHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File Date: Tuesday, July 2, 1996 Res. #6A0 - U(_ Report #: PD- 112 -96 File #: 18T -95009 By -law # Subject: PROPOSED DRAFT PLAN OF r • MORTGAGE FRONT PART LOT 1, BROKEN O CITY OF OSHAWA 00. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 112 -96 be received; 2. THAT the Region of Durham Planning Department and the City of Oshawa be advised that the Municipality of Clarington withdraws its objection to the draft plan of subdivision 1 BT -95009 submitted by C & K Mortgage Services; and 3. THAT a copy of Report PD- 112 -96 be forwarded to the City of Oshawa Planning Department, the Region of Durham Planning Department and the applicant. 1. BACKGROUND: 1.1 The applicant's lands are located at the southern terminus of Townline Road in Part of Lot 1, Broken Front Concession in the City of Oshawa (see Attachment #1 to Report PD- 30 -96). The draft plan of subdivision proposes 42 townhouse units and 38 semi - detached units, including 10 semi - detached units with direct access to Townline Road South. 599024 W TEPOTT \ 1.2 On March 11, 1996, Council adopted the recommendations of Report PD -30 -96 and forwarded an objection to the above - referenced plan of subdivision in the City of Oshawa (see Attachment #1). The Municipality's objection was based primarily on concerns that the plan of subdivision would not conform to the standards for a Type 'B' arterial road and that the Boundary Road Agreement with the City of Oshawa needed to be updated to ensure that the City would assume all costs of road reconstruction and future maintenance. These matters also related to the Ontario Municipal Board hearing on the lands in South -West Courtice, to which the City of Oshawa is a party objecting to the proposed reclassification of Townline Road. 1.3 Through the Official Plan Review, the Municipality determined the need to amend the classification of Townline Road (south of Bloor Street) from a Type 'C' to a Type 'B' arterial. On January 23, 1996, the consultant for C & K Mortgage Services registered an objection to the proposed reclassification of Townline Road as a Type 'B' arterial (see Attachment #2). Notwithstanding this objection, Council adopted the new Official Plan on January 29, 1996. Council also authorized the Municipality's application to amend the Durham Region Official Plan with respect to the classification of Townline Road (ROPA 96 -002). 1.4 The Region will make a decision on the Municipality's official plan amendment application concurrent with its approval of the Clarington Official Plan. This is scheduled for September 1996. 2. PROPOSED RESOLUTION OF CONCERNS: 2.1 In an effort to resolve the Municipality's concerns, Regional staff convened several meetings and held discussions with various parties. As an alternative to awaiting a decision on the Municipality's Regional Plan amendment application or the Ontario Municipal Board hearing on South -West Courtice, staff provided a number of conditions which served as the basis for negotiations. ...3 599025 . .* 2.2 These conditions have been resolved satisfactorily to staff as follows: i) Staff Report PD -30 -96 requested that the Stormwater Management Implementation Report be forwarded to staff for review and approval. The City has agreed to undertake this. ii) Staff Report PD -30 -96 noted concerns which may arise from potential purchasers who would object to the development of lands for industrial purposes in Clarington. Accordingly, staff requested that a clause be included in the purchase and sale agreement to disclose future land uses in Clarington. The City of Oshawa concurred. iii) Staff Report PD -30 -96 indicated that the Municipality would not participate in the reconstruction of Townline Road to serve this plan of subdivision. A condition has been written to the satisfaction of the Public Works Department with respect to the road standard for the reconstruction but the subject of cost - sharing will be formally incorporated into a revised Boundary Road Agreement. A letter dated June 21, 1996 from John Simmonds, Director of Engineering for the City of Oshawa outlines the understanding regarding cost sharing of future improvements (see Attachment #3). Since the future alignment of Townline Road has not been determined, it is not known how much of the reconstructed road will be incorporated into the arterial road system. However, only if and when the Municipality receives a benefit from this portion of the road would the Municipality be obligated to share in the costs of this road reconstruction work. iv) Staff requested that a 5 metre road widening be imposed on the plan of subdivision to allow for the future widening to a Type 'B' arterial road standard. Staff subsequently agreed to a 3 metre road widening in light ...4 599026 of the lack of a defined alignment for the future diversion of Townline Road into the Employment Area and the proponents' proposal for a service lane easement (see Section 2.3 below). v) Staff requested that the proponent withdraw its objection to the Clarington Official Plan and the Municipality's application ROPA 96 -002 to amend the Regional Official Plan regarding the classification of Townline Road. Ms. D'Alessandro on behalf of the proponent has conditionally withdrawn her objection provided the Municipality withdraws its objection to the plan of subdivision (see Attachment #4). vi) Staff requested that the City of Oshawa staff indicate their willingness to recommend that the City of Oshawa withdraw their objection to the Type 'B' designation for Townline Road. Staff subsequently withdrew this request in light of the provision of the front service lane /easement. Nevertheless, a letter received from the City of Oshawa Public Works Department on June 24, 1996, indicated that based on technical information provided by the Municipality, "the proposal to reclassify Townline Road as a Type 'B' arterial is reasonable, justifiable and can be supported by this Department ". This position is subject to Oshawa Council's confirmation. 2.3 During the discussions, the applicant proposed a service lane /easement with two access points at Lots 5 and 9. The service lane would limit the number of accesses to Townline Road to a total of three (3) thereby meeting the Regional Official Plan spacing requirement of 80 metres. This proposal is acceptable to staff. The City of Oshawa passed a resolution on June 17, 1996 indicating its support. 599027 ...5 • w• • -� FgAAW In light of the above, the plan of subdivision complies with the spacing criteria of the Regional Official Plan for Type 'B' arterial roads and therefore would not be prejudicial in the event that the City of Oshawa continues to object to the designation in the Clarington Official Plan. The costs of upgrading the road to a collector road standard would reside with the City of Oshawa. In the event that the road provided some benefit to Clarington residents or businesses at a future point in time, the boundary road agreement, to be negotiated in the near future, would contain provisions regarding the Municipality's responsibilities for cost sharing. Accordingly, it is recommended that the Municipality withdraw its objection to the draft plan of subdivision. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development DC *FW *jip 25 June 1996 Reviewed by, W. H. Stockwell Chief Administrative Officer Attachment #1 - Planning Department Report PD -30 -96 Attachment #2 - Letter of Objection from AVD Planning & Development Consulting Attachment #3 - Letter from City of Oshawa on Approval Condition Attachment #4 - Objection Withdrawal Letter from AVD Planning & Development Consulting 599028 MMMORTWATHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, March 4, 1996 Res. # Attachment # 1 Report #: PD -30 -96 File #: 18T -95009 By -law # Subject: PROPOSED DRAFT PLAN OF SUBDIVISION C. & K. MORTGAGE SERVICES PART LOT 1, BROKEN FRONT CONCESSION, CITY OF OSHAWA FILE: 18T -95009 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -30 -96 be received; 2. THAT the City of Oshawa and the Region of Durham be advised that the Municipality of Clarington objects to the approval of the application for Draft Plan of Subdivision 18T -95009 submitted by C & K Mortgage Services Inc.; 3. 4. THAT a copy of this report be forwarded to the City of Oshawa and Region of Durham Planning Departments; and, THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: C & K Mortgage Services Inc. 1.2 Agent: AVD Planning & Development Consulting Limited 1.3 Draft Plan of Subdivision: To permit the development of 38 semi- detached units, 42 townhouse units, a parkette, and a stormwater management facility. 1.4 Site Area: 4.53 hectares (11.19 acres) 599029 REPORT NO.: PD -30-96 PAGE 2 2. LOCATION 2.1 The subject lands are located within the southern portion of Oshawa. The property consists of Part Lot 1, Broken Front Concession in the City of Oshawa. The property consists of a 4.53 ha (11.19 ac) parcel on the west side of Townline Road. 3. BACKGROUND 3.1 On March 24, 1995, the Municipality was requested to provide comments on this Draft Plan of Subdivision application. Staff have delayed responding on this application until such time as the designation of Townline Road was confirmed through the consideration of the Clarington Official Plan. 3.2 The property represents a small, triangular residential site bordered by Townline Road to the east, C.P. Railway tracks and Highway 401 to the west, and existing residential development to the north. The proposal would extend Southport Drive through the property from Southgate Drive at the north to Townline Road. The townhouse units are proposed on the west side of Southport Drive while the semi - detached units front onto the eastern side of Southport Drive and Townline Road. A parkette is located at the northern end of the proposal while a stormwater management facility is located at the southern tip of the property. 3.3 The property was subject to a previous application for a non - profit, co- operative housing development consisting of 49 apartment units in a 3-4 storey building and 115 townhouse units. Although the City of Oshawa Planning Department recommended approval, both the City of Oshawa and Durham Regional Councils denied the proposal and the application was referred to the Ontario Municipal Board. The appeal was dismissed on the basis -that the site was too remote from services such as transit, schools, parks, retail areas, and medical /dental clinics for an assisted housing project. The Board also felt that the high noise levels from the nearby two railway tracks and Highway 401 599030 REPORT NO.: PD -30-96 PAGE 3 would be more suitable to a development in which the buyer was aware of the situation through warning clauses. As a result, a revised application has been submitted. 4. AGENCY COMMENTS 4.1 The application was circulated to the Public Works Department for review. The following comments have been received for consideration: • The Neighbourhood Plan for Southwest Courtice indicates that West Townline Road is being considered as a future Type B arterial road. The draft plan of subdivision proposes lots fronting onto Townline Road which would not be permitted under a Type B designation. The status of Townline Road should be finalized and the plan revised to eliminate access onto Townline Road. • A stormwater management report must be submitted to the Public Works Department for review and comment prior to draft approval. The report myst address the manner in which drainage from the site will be handled, the stormwater management works required to service the development, and ensure that no municipal or private lands are affected. • Development of this plan of subdivision will necessitate the reconstruction of Townline Road from Southgate Drive to the southerly limit of the development, including the installation of sidewalk and street lighting. As the reconstruction works are not required by the Municipality, the City of Oshawa should assume and accept all costs for the reconstruction and future maintenance of Townline Road. The Boundary Road agreement between the City and the Municipality should be amended to reflect these provisions. REPORT NO.: PD -30-96 PAGE 4 Until these issues have been addressed, the Public Works Department considers the proposal to be premature. 5. STAFF COMMENTS 5.1 The Durham Region Official Plan designates Townline Road south of Bloor Street as a Type C arterial. Direct access is permitted on Type C arterial roads. The draft plan of subdivision proposes 10 lots that would access directly onto Townline Road South. 5.2 The Clarington Official Plan, as adopted by Council on January 29, 1996, designates Townline Road south of Bloor Street as a Type B arterial. In addition, the Municipality has requested that the Region amend its Official Plan accordingly. Regional policies do not permit lots with frontage on and direct access to a Type B arterial road. The draft plan of subdivision does not conform with the Clarington Official Plan and the Municipality's application to amend the Durham Region Official Plan. 5.3 It is noted that the issue of the designation of Townline Road is a matter which will be considered by the Ontario Municipal Board at the hearing related to . various applications in southwest Courtice. The Municipality has requested the Region to refer a portion of the Clarington Official Plan to be consolidated with that hearing, including the designation of Townline Road. Until this matter is resolved., the draft plan of subdivision should not be approved or should be redesigned to eliminate lots with direct frontage on ' Townline Road. 5.4 The Boundary Road agreement between the City of Oshawa and the Municipality of Clarington should be updated to reflect changing circumstances in both Municipalities. At a recent meeting with respect to the southwest Courtice OMB hearing, Public Works officials from both municipalities agreed to initiate discussions on this matter. Until there is an agreement with respect 599032 "SPORT NO.: PD -30 -96 PAGE 5 to the road widening, reconstruction, and future maintenance, the approval of this draft plan of subdivision is premature. 5.5 It is noted that a portion of the proposed plan of subdivision is adjacent to. Prestige Employment lands in the Municipality of Clarington. It is important that potential buyers be aware of the land use designations in Clarington to avoid future misunderstandings or potential objections to industrial development in Clarington. Accordingly, it is recommended that at such time that draft approval may be considered, a condition of approval would require the subdivision agreement to contain a clause requiring the vendor to post a plan showing future land uses in the Municipality of Clarington. 6. CONCLUSIONS 6.1 Based on the discussion in this report, it is apparent that the application is premature until various issues have been resolved and that the draft plan of subdivision is redesigned. It is recommended that the Municipality register an OBJECTION to this proposal with the City of Oshawa and the Durham Region Planning Departments. Respectfully submitted, Reviewed by, - til Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell Director of Planning Chief Administrative and, Development Officer RH *FW *df Attachment #1 - Key Map Attachment #2 - Draft Plan of Subdivision February 1996 r'4 i 599033 REPORT NO.: PD -30-96 PAGE 6 Interested parties to be notified of Council and Committee's decision: C & K Mortgage Services Inc. 600 Eglinton Avenue East Suite 600 Toronto, Ontario M4P 1 P3 AVD Planning and Development Consulting Limited 3800 Steeles Avenue West Suite 202 Woodbridge, Ontario. L4L 4G9 Attn: Anna V. D'Alessandro NAM ATTACHMENT #1 LOT 35 LOT 34 LOT 33 LOT 32 i Q BLOOR STREET Lij GRANDVIEW 0 DRIVE N � o w z V 3 0 SOUTHGA� ORfVE , T, 2--p-R. 0 Q 0 BASELINE HIGHWAY 4.01 [on z 0 U) U) w U z 0 0 SUBJECT SITE KEY !MAP O. 18T-95009 599035 r ATTACHMENT ,#2 SOVrHGATe . pR II' REG'0• 9 Pl A N 114 0lo `fir tl�ILAA'rN•N c S OCKe.6a6a '� . �'�%'1 _ . ``4'� •r ",•� •�IYt Y`' ` \ Val '\ N )•N'_•E_ i�.a09 .\ �` • �ir- --, ti {`; '\�` \� .i / mss' � ` 4 I o L {�Y�L/�` i `��?5. I� f 44d o \'' z 1 \ \ \ \ \ O \ 'yam '. ° /,,,,Y / � • m \ PROPOSED LAND USES \ \ \\ DESCRIPTIONS UNITS AREA (h0) RESIDENTIAL 6.5m TOWNHOUSES 42 �G\ \yam!\ \ . •?°�¢\ `t' LOTS 20 TO 61 \ \Tyc \ \ RESIDENTIAL 16.Om SEWT'S 36 1.45 LOTS 1 TO 19 i ;' PART LOTS - BLOCK 62 (EwSTNO) 1 (1a7n�) \ p��A4W �_ 1 BLOCK 63 (SEMI) 1 0.06 • \ \ \ \ \ ',.•. ,Wp Rn. WALKWAY - BLOCK 64,65, AND 66 3 0.03 \ \ \ ,�' AtI LOCAL PARK - BLOCK 67 1 0.26 STORM WATER MANACEAENT - SIX 66 1 0.61 \\ \\ \ \\ O� 3-Om ROAD WIOENINC - BLOCK 69 1 0.11 ROADS 20.0m 1 0.59 0.30m RESERVE •- BLOCK 70 TOTALS 60 UNITS 4.53 ha. • NOTE 0.06ha AREA IS PMT OF I.M. AREA FOR SE MM MINIMUM LOT DIMENSIONS \\ \\ \ \\ 6.5m FRONTAGE (TOWNHOUSES) - MIttIMUM LOT AREA : 165mi 16.Om FRONTAGE (SEMFS) - MINIMUM LOT AREA : 550m \ \ 6.5m TOWNHOUSES -TOTAL FRONTAGE 309,60m 16.Om SEMI'S - TOTAL FRONTAGE 36L61m \ ADDITIONAL INFORMATION \\ \\ \ \\ \ AS REQUIRED PURSUANT TO SECTION Si OF THE PLANNING ACT: \ \ \ \ B) STREETS BE NAMED IN CONSULTATION WITH THE C) THIS REPRESENTS THE APPLICMTS ENTIRE HOLDINGS OF \ / UNDEVELOPED LAND IN THIS VICINITY. E) COSTING USES OF AMNINC LANDS: RESIDENTIAL. \ \ H) PROPOSED WATER SUPPLY: MUNICIPAL WATERMAIN3. \ \ 1) SOIL• SANDY LOAM \ N) FULL MUNICIPAL SERVICES TO BE INSTALLED INCLUDING I SANITARY AND STORM SEWERS, PAVED ROADS WITH CURB \ AND CUTTER. / L) THERE ARE NO EASEMENTS OR RESTRICTIVE COVENANTS AFFECTING Ti6S PROPERTY. 599036 \ . PLANNING & DEVELOPMENT CONSULTING LTD. January 23, 1996 VIA TELECOPIER & MAIL Ms. Patti L. Barrie, A.M.C.T. Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Ms. Barrie: RE: Clarington Official Plan Attachment #2 Jab 26 1126 AM '96 AVD Planning & Development Consulting Ltd. represents C & K Mortgage Services Inc. and Aldana Properties Inc., owners of property on the west side of Townline Road, in the City of Oshawa (see attached locational plan). In March, 1995, we submitted on behalf of our clients a proposed draft plan of subdivision (18T- 95009) which conforms with both the City of Oshawa Official Plan and the Region of Durham Official Plan. Your proposed new official plan and the proposed South -west Courtice Neighbourhood Plan propose that Townline Road be re- classified from a Type C to a Type B road. This proposal does not conform to the Region of Durham Official Plan nor the City of Oshawa Official Plan. Until such a time that the appropriate studies have been completed to justify such a redesignation, showing it in your official plan is premature. In addition to the foregoing, any such reclassification seriously affects the viability of my client's development plans. As such, please accept this letter as our objection to the proposed reclassification of Townline Road to Type B. We respectfully request that Council not approve the reclassification of Townline Road to Type B. /...2 3800 STEELES AVE. WEST., SUITE 202W, WOODBRIDGE, ONTARIO L4L 4G9, TEL: (905) 850 -2040, FAX: (905) 850 -2041 599037 -2- We trust the foregoing to be satisfactory at this time however, should you require additional information or clarification on any of the above -noted information, please do not hesitate to contact me. Yours very truly, AVD PLANNING & DEVELOPMENT CONSULTING LTD. Anna V. D'Alessandro Principal attach. cc. C & K Mortgage Services Inc. Aldana Properties Inc, City of Oshawa Region of Durham :...- ... a _- C 3800 STEELES AVE. W., SUITE 202W, WOODBRIDGE, ONT. L4L 4G9, TEL.: (905) 850 -2040, FAX: (905) 850 -2041 599038 SENT JUN 24 PLANNING 'DEF5f,9PN i PUBLIC WORKS DEPT.-' 9P VN 2;# 2 Attachment #3 Department of f'utilic Works sendce9 199601521 FAX 626.61282 AND MAIL Amund Myklebost, B.A.Sr -, REng. Commissioner Mr. T. Cannella, Manager of Engineering Munlclpal(ty of Ciaringtbn 40 Tcmperan�e Street Bowmanville, Ontario L1C 3A6 M •. V Ou0 pa6� 50 Centre Street South Oshawa, Optarlo, I-1 H 37-7 .. Te! (905) 725' -7351 4w anr..6 d,-,,,_ F ax (905) 436 -5694 r ;�� REGIONAL GRAPT ALAN CONDITION- TOWNLINE ROAD SUBDIVISION IST -9300 (AVD SUBDIVISION AGRESMEhM. OUR FILE: S02984 AND ID4106.MIS This is further to our recent telephone conversation of June 21, 1986 regardino finalizing'the Regional clause regarding draft plan approval for the above subdivision. It was agreed that the last two sent+enoes of this clause, starting at "no costs... ,v would be deleted. Tho eaaence of tho olauiss remains, in that the City will reconstruct Townline Road to the standard referenced In the 1970 Boundary Road Agreement. Our next step, as both Boundary Roast Agreements have expired, is to enter into a new one which will address Townline Road from Its southerly limit to its•northerty limit.. As discussed, should any section of Townline road, Including this one, not ba used by Clarington, then the costs of reconstructing -the roan would remain with the City of Oshawa, and there would be no reimbursement from the Municipality of Clarington.' This situation could happen, for Instance if, the south and of Townline Road became a dead and and was no longer required as part of the 1lrtailal system shown on the Regional Official Flan, And there was consequently no link to any development on Clarington's side. I trust that this letter provides you with sufficient comfort and that we will be stale to enter Into negotiations to conclude a new Boundary road agreement that will follow the general principles of the previous Boundary Road Agrearnents. To this end, we could get together after my holidays in the first two weeks of July and start the procesdings. Should you have any questions, please feel free to give me a call at 725 -7251 extension'260. J. monds, F. tang. Director of Engineering Copy: A. DeFaria- Reglon of Durham (fax 436 -6612) T. Hodgins F. Ralph A. Mykieboet ►dr.eosae.� • R From: rIJLJN 12 '96 02: 469•'1 DURHAM PLANNINv LaEPTPJW Time; 14:22:52 F 2�3tp � 01 a OV12196 1;):34 'x'416 650 8041 C7j002 Attachment #4 PLANNING & DEVQ.DPMW CONSULTING LTD:. Jme 12, 1996 bu. Anna DeFada :u'r P,µlcl,l', Yt{ • mat openadom B=ch Durham r,• r • ,.„d�5j,r11, �csiarr• :lion Plmming Department 1615 has 5t. E•, 4th Flood ? � � ► ,�- _ _....,�.. , P.O. Box, 623 ';itby, ont 4o LIN 5A3 • r, r r RE: APPHcafltrii far'Dmft' tan c�f;gtsbdiv ioa C &Z Moro P SOMM Ind'. Wd na Promties Inca Part of L,ot 1, itl+en 1f Condon • City of L)sbawa, Win, of Dimba u Further to our telephone conveys &n this is to conr= that say cliepts' interesr ind objcn cm to the rC6I&WWCadoa of Towne koad to a Type "'B" arteziaf =d applies Only s nc &r 2S it affe= i#, l ds located in the +pity of Oshawa and wfhlch lands have frontage an. 'rowxHae Road. This is also to serve as tbat wo wifbdmw o= objection to the fica crn bf' Townline '. Road from. a Typo "C" to a Type 'B?' mtmW mot, subject to t�.Mui2lcipalky of Cbr Eu: a' *hhdrawing Its objet don to my client's draft plan of sabdWdon. ' phialiy, #leis is also to confirm tha my..clieats have aid to pct dii�: access Onto Tome oad °to two (2) loca&U, in, compliance vdth,the proposed Typ* B mat road., The kenertl location of theme ate.. wM be at lets 5 and 9 and a service access eas$rneat will be created seaoss thO frOnt Of the=--&&s, tors to tdlftaiz iagnm and eggs for threse properties. It shcatci be tiinderstood however,, tba tie agreed to 'regii gong tin& again CC+txll Onai'iipQi the Nkmidpaly Of n Witildraaitg' ft 'dbjgd��o= to dip ' a..o_..ffieutls draftpl*'Ofs - n. .r .. . 3800 STELES AVE, WEST„ SME 202W, W000BROG, ONW10 M 43A TEL.; (8W 850-M, F=, (OM' SSM041 5.99040 ; Fron, YJUN 12 '96 02: 47Ph9 DURHAM PLANNING DEPTPJOV iimo: 14:22 :52 p 3/310 � of 2 ,00'7'12/98 1,x:54 $416, 860 2041 .' a 009 X tL'Q5E ihIK f0mgdmg t0 be flSF tdty $OWeVerf S1iQ111d YOi.L ,�.�e additional �afO�ih' "'or ' churl icit[on,:pl • do not hot ,to cow me-.. . Y'owrs very"Ir y, , „ pal'. . - CO- ... C & $ Wrtgages 2lO0 SIF�4ES AVE W., WIT5 2o,%W, WddDBRtpG y OW. LAL -469, T' ~ A (905) 850-2040, PAS. (06) 850 -2041 ' 5.90