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Home My WebLink AboutPD-28-95It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -28 -95 be received; 2. THAT the zoning amendment application and Neighbourhood Plan amendment application be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicants: Dekkema - Gervais Development Corporation Sandbury Building (Courtice) Corporation 1.2 Neighbourhood Plan: From "Minor Open Space" to "Residential" in the Courtice South Neighbourhood Plan in order to permit the development of two (2) single family dwelling units. 1.3 Zoning: From "Environmental Protection" to an appropriate zone in order to implement the above -noted development. 1.4 Area: .249 hectares (.615 acres) - 516 RECYCLED ECYCIE PANS P0.NTMM RECYCLED PAPER REPORT NO. PD -28 -95 2 BACKGROUND 2.1 The subject property was created as Block 149 through the approval of Registered Plan of Subdivision 10M -839. Notwithstanding the Neighbourhood Plan designation and the zoning on the property the applicant opted to retain ownership of Block 149 for possible future development. 2.2 In January of 1995, the Planning and Development Department received an application to amend the Courtice South Neighbourhood Plan and Comprehensive Zoning By -law 84 -63 in order to permit the development of two (2) single family dwelling units. 2.3 The proposal is situated on a .249 hectare (.615 acre) parcel of land located at the south -east bend of Poolton Crescent but is more formally described as Block 149 on Registered Plan 10M -839. 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 one (1) telephone inquiry and three (3) written submissions with respect to the proposal. The telephone inquiry requested more detailed information regarding the proposal while the three (3) submissions all voiced objections to the proposal. In addition two (2) of the three (3) submissions indicate that the residents were under the impression that the Block would be eventually developed into a playground. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan, the subject is designated as a "Living Area ". The primary use of lands so designated shall be for residential purposes. In view of the foregoing, the `0, u p K application would appear to comply with the Durham Regional Official Plan. 4.2 Within the Official Plan of the former Town of Newcastle, the subject property is located within the 2B Neighbourhood and designated Residential. Section 6.1.3 (iv) of the Plan encourages infilling on existing road frontages. Accordingly, the application appears to conform with the Official Plan for the former Town of Newcastle. 5. NEIGHBOURHOOD PLAN CONFORMITY 5.1 Within the Courtice South Neighbourhood Plan, the subject property is designated Minor Open Space. Lands so designated are intended to preserve, wherever possible, unique or important elements of the natural environment having local significance such as woodlots and minor watercourses associated with stormwater management. As the applicant is proposing to develop two (2) single family dwellings on the property, an amendment to the Courtice South Neighbourhood Plan is required. 6. ZONING BY -LAW COMPLIANCE 6.1 Within Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle, the subject property is zoned "Environmental Protection (EP)". As the applicant is proposing to develop two (2) single family dwellings on the subject property, an amendment to the zoning by -law is required. 7. AGENCY COMMENTS 7.1 The application was circulated to various departments and agencies by the Planning and Development Department. The following provides a brief summary of the comments received to date. 7.2 The Community Services Department has reviewed the application and has no objection to the proposal subject to the rear portion of the lands being deeded to the Municipality being graded and sodded to the satisfaction of the Municipality. 0 7.3 The Public Works Department has reviewed the application and has no objection to the proposal subject to the Municipality's standard conditions regarding service connections, lot grading, access and street tree planting. 7.4 The only other agency which has responded to the circulation is the Fire Department which had no objection to the proposal. Comments remain outstanding from the Regional Planning Department, the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources. 8. STAFF COMMENTS 8.1 The subject property was created as Block 149 through the approval of Registered Plan of Subdivision 10M -839. At the time of approval a stormwater management pond did not exist for the watershed to accommodate flows from the development. As an interim measure, a two chamber underground vault was constructed within Block 149, of which the applicant retained ownership. The underground vault was intended to accommodate the stormwater flows until such time as the permanent pond was constructed. The stormwater management pond has now been finalized and the tributary of Robinson Creek has been rechannelized. As a result, the applicant contends that Block 149 has sufficient tableland to accommodate two (2) single family dwelling units. Staff note for the Committee's information that the subdivision agreement between the Municipality and the applicant states that Block 149 will be deeded gratuitously to the Municipality should the applicant be unable to develop Block 149 on or before the release of the agreement. 8.2 With respect to the issue of the development of Block 149 into a playground, staff advise for the Committee's and the resident's information that Block 149 is not intended to the developed as a playground or parkette. Should the Municipality eventually obtain 0 ownership of Block 149, the Community Services Department has advised that the Block would be incorporated into the Municipality's open space system. 8.3 Nevertheless, as the purpose of this report is to provide the status of the application for the public meeting and consideration of the outstanding comments, it would be in order to have the application referred back to Staff for further processing. Respectfully submitted Franklin Wu, M.C.I.P, RPP Director of Planning & Development 00122011sa Attachment #1 - Key Map Attachment #2 - Survey Reviewed by W.H. Stockwell ' Chief Administrative Officer Interested Parties to be notified of Council and Committee's Decision. Dekkema- Gervais Development Corp. 100 Allstate Parkway Suite 501 MARKHAM, Ontario L3R 6H3 Pernell Roberts 33 Poolton Crescent COURTICE, Ontario L1E 2H5 Heather Whittall 37 Poolton Crescent COURTICE, Ontario L1E 2H5 John Carter 82 DeRose Avenue BOLTON, Ontario L7E 1A8 ATTACHMENT +1, SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 32 LOT 31 LOT 30 Fj.. �R I N Z 0 (n W V Z 0 V COURTICE KEY'MAP • 100 200 500 50 DEVn 95�00 OL] 1 521 t C9 f Z f LU -x I -------- — — — — — — — --- - - - - - - - - - - iE)LC .3 4P ti L g 7 �� loo BE9CK 149 .4111 ll L -n 88 7. 89 - I 131 f / % r 1 _ - 101 t I i\ as ;-z IC8 I a, I'l I. Qkkm SE%;ER !1 ��. ice/ i l� L—wa I t R. INV. '2&365 top E)LPSA SIONE PE rAININC WALL--\ Ica. Ex-'INTE�C NG