HomeMy WebLinkAboutPD-2-96DN: KIDDI.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #,_' 1 .. C)9
Date: Monday, January 8, 1996 Res. #� _ 3 ._ �?
Report #: PD- x-96 File #: DEV 95 -069 By -law #
REZONING APPLICANT: D -- INVESTMENTS LTD.
WORTHINGTON DRIVE/SAGEWOOD AVENUE, COURTICE
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Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 2 -96 be received;
2. THAT the application to amend Comprehensive Zoning By -law 84 -63, of the
former Town of Newcastle, submitted by D. G. Biddle and Associates on behalf
of Kiddicorp Investments Ltd. to permit the development of three (3) single family
dwelling lots be APPROVED with modifications;
3. THAT the attached amendment to By -law 84 -63 be APPROVED;
4. THAT the Region of Durham be advised that the Municipality of Clarington
requests that Draft Plan of Subdivision 18T -89053 be revised as shown on
Attachment #3; and
5. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Kiddicorp Investments Ltd.
1.2 Agent: D. G. Biddle & Associates
1.3 Zoning: from Environmental Protection (EP) to an appropriate zone in order
to permit the development of three (3) additional single family
dwellings.
1.4 Area: .2 hectares (.494 acres)
2
REPORT NO. PD- 2 -96 PAGE 2
2. BACKGROUND
2.1 The subject lands are located on the west side of Worthington Drive directly
across from Sagewood Avenue in the Courtice Major Urban Area. The property
is known as Block 81 in Registered Plan of Subdivision 1OM -832 which was
registered in November, 1989.
2.2 In January of 1995, the applicant's consultant submitted a geotechnical report
which indicated that the site had a high safety factor and outlined measures to be
taken during the development process. As a result, the applicant's consultant
included Block 81, Plan 1 OM -832 within the limits of the Draft Approved Plan of
Subdivision 18T -89053 directly to the north. An amendment to Draft Approval was
issued in May of 1995 which allowed the creation of three (3) additional single
family lots. In order to implement the amendment to draft approval, the applicant
has to amend Comprehensive Zoning By -law 84 -63.
3. PUBLIC NOTICE AND SUBMISSIONS
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, the Planning and Development
Department has received three (3) written submissions with respect to the
proposal. The first letter was submitted by the Friends of the Farewell who
opposed the application for environmental reasons. The second letter was from
an abutting property owner who requested that the rear property line for the most
southerly lot be reconfigured in order to provide an unobstructed view of the
valley from his property. The third submission was from an area resident who
requested that the development incorporate an access point to the valleyland.
....3
REPORT NO. PD- 2 -96 PAGE 3
4.1 Within the Durham Regional Official Plan, the subject property is designated in
part as a Living Area and in part as Major Open Space while the Official Plan for
the former Town of Newcastle designates the subject property in part Residential
and in part Hazard Lands.
4.2 Hazard Lands shall be primarily for the preservation and conservation of natural
land and shall be managed in a fashion as to compliment adjacent land uses.
The exact extent of Hazard Lands shall be determined in consultation with the
local Conservation Authority and identified in the Comprehensive Zoning By -law.
4.3 Within the Living Area and Residential designations, the predominant use of land
shall be for housing purposes and therefore, the application would appear to
conform with both the Regional Official Plan and the Official Plan for the former
Town of Newcastle.
5.1 Within Comprehensive Zoning By -law 84 -63, as amended, of the former Town of
Newcastle, the subject property is zoned "Environmental (EP) ". As the applicant
intends to develop the subject lands with three (3) single family dwellings, the
applicant has applied to amend By -law 84 -63 to implement the amendment to the
Draft Approved Plan of Subdivision 18T- 89053.
6.1 In accordance with departmental procedures, the application was circulated to
obtain comments from other departments and agencies. The following provides
a brief synopsis of the comments received.
6.2 The Public Works Department has advised that they have no objection to the
proposal, subject to several conditions regarding issues such as grading,
W
REPORT NO. PD- 2 -96 PAGE 4
drainage, property access and storm sewer connections. However, the Planning
and Development Department advises for the Committee's and the applicant's
information that such issues would be addressed through the corresponding
subdivision agreement.
6.3 The balance of the circulated agencies which provided comments were the
Central Lake Ontario Conservation Authority, the Regional Planning Department,
the Community Services Department and the Fire Department. None of the
aforementioned agencies provided objectionable comments with respect to the
proposal. In addition, Staff advise for the Committee's information that the
application was circulated for information to the Friends of the Farewell and the
Friends of the Second Marsh.
7. STAFF COMMENTS
7.1 The subject property was created as Block 81 when Plan 1 OM -832 was registered
in November of 1989. Prior to applying for the amendment to the zoning by -law,
the Conservation Authority granted approval of a geotechnical report which
supported the development of three (3) additional lots on Block 81. The support
of the Authority was then used as the basis for obtaining an amendment to the
Draft Approved Plan of Subdivision 18T -89053 to incorporate Block 81. The
amendment to the Draft Approved Plan was granted in May of 1995 but requires
an amendment to the zoning by -law to implement the subdivision and facilitate
the eventual issuance of building permits.
7.2 Staff note that all of the proposed lots exceed both the lot area and lot frontage
requirements of By -law 84 -62 and that the lots are similar in size and compatible
with existing lots in the surrounding area.
7.3 With respect to the letter of objection from the Friends of the Farewell, Staff note
that the geotechnical report, the amendment to the Draft Approved Plan of
....5
510
REPORT NO. PD- 2 -96 PAGE 5
Subdivision 18T -89053 and the proposed zoning amendment have all been
reviewed by the Central Lake Ontario Conservation Authority.
7.4 In addition, with respect to the submission requesting an access point to the
valley, Staff note that the Draft Approved Plan of Subdivision 18T -89053
incorporates an access to the valley in relatively close proximity to the subject
lands. Therefore, Staff are of the opinion that a second access to the valley is not
required.
7.5 However, Staff concur with the submission from the abutting property owner who
requested that the rear property line of Lot 20 be reconfigured to coincide with the
east property line of Lot 3 on Registered Plan 10M -832. This will allow the owner
of Lot 3, Registered Plan 1 OM -832 to have an unobstructed view of the valley from
the rear of the house. In addition, Lot 20, as revised on Attachment #3 would still
exceed the lot area requirements of the By -law.
8. CONCLUSION
8.1 In consideration of the comments contained within this report, Staff would have
no objection to the approval of the attached zoning by -law amendment, as
applied for.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
WM *FW *cc
Attachment # 1 -
Key Map
Attachment # 2 -
Survey
Attachment # 3 -
Red Line Revisions
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
511
W
REPORT NO. PD-2 _96 PAGE 6
December 19, 1995
Interested parties to be notified of Council and Committee's decision:
D. G. Biddle & Associates
96 King Street East
Oshawa, Ontario
L1 H 1136
Kiddicorp Investments Ltd.
1748 Baseline Road
Oshawa, Ontario
L1 E 2T1
Libby Racansky
3200 Hancock Road
Courtice, Ont
L1 E 2M1
Chuck Moore
114 Auburn Lane
Courtice, Ont
L1 E 2E9
Peter Reynen
90 Hemmingway Drive
Courtice, Ont
L1 E 2C2
512
ATTACHMENT
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515
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 96-
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
implement application DEV 95 -069..
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "4" to By -law 84 -63 as amended, is hereby further amended by changing the
zone designation from:
"Environmental Protection (EP)" to "Urban Residential Type One (R1)"
2. Schedule "A" attached hereto shall form part of this By -law.
3. 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 1996.
BY -LAW read a second time this day of 1996.
BY -LAW read a third time and finally passed this day of 1996.
MAYOR
CLERK
516
This is Schedule "A" to By —law 95— ,
passed this day of 1995 A.D.
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