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HomeMy WebLinkAboutPD-46-95DN: DEV95010.G AHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File #hl °6z. '?L 6 Date: Monday, May 15, 1995 Res. Report #: PD-46-95 File #: DEV 95 -010 (X -REF: 18T -95008 & By-law #_ OPA 93- 002 /C) Y Subject: REZONING APPLICATION - WILLIAM TONNO CONSTRUCTION LTD. PART LOT 32, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 95 -010 (X -REF: 1ST -95008 & OPA 93- 002 /C) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -46 -95 be received; 2. THAT application to amend Comprehensive Zoning By -law 84 -63, as amended of the former Town of Newcastle, submitted by W.D.M. Consultants on behalf of William Tonno Construction Ltd. be referred back to Staff for further processing; and 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: William Tonno Construction Ltd. 1.2 Agent: W.D.M. Consultants 1.3 Rezoning Application: from Agricultural (A) and Environmental Protection (EP) to an appropriate zone to permit development 1.4 Proposed Subdivision: to permit 102 single family dwelling units, 28 semi- detached /link dwelling units, 66 townhouse dwelling units, an open space block and the valley land 1.5 Official Plan Amendment: to include all the lands between the existing Courtice urban north boundary and Pebblestone Road, the Farewell Creek and Trulls Road within the Courtice urban area 1.6 Land Area: 21.2 ha 20 LOCATION Concession 3, 2.1 The subject property is located in Part Lot 32, Darlington. The subject property is immediately north of the existing urban area boundary. The property is east of Tooley Road, south of Pebblestone Road, west of Trulls Road and north of George Reynolds Drive. 3. BACKGROUND eceived by the 3.1 The subject rezoning application was r Municipality of Clarington Planning and Development Department on March 8, 1995 (Attachment No. 1) . The Region of Durham advised of the related proposed Plan of Subdivision f id- March. A related Official Plan Amendment was filed in May of 1993 and deals with all the lands between the courandeTr urban boundary and Pebblestone Road, the Farewel ]. Road (Attachment No.2). application encompasses only part of the 3.2 The subject rezoning Pp The total land parcel proponents total land holdings. south of includes an additional 9.374 ha of immediately south urban the current applications. These lands are within boundary as depicted in the local official plan and subject to applications for proposed plan of subdivision and zoning by- law amendment (18T -89055 & DEV 89 -067). 3.3 Council resolution C- 63 -92, on January 27, 1992, indicated applications for residential development in the 1991 Durham expansion areas added by Regional Council Regional Official Plan would not be processed during the Municipality's Official Plan review process. time, Staff have circulated the application and sche duled the public meeting as required under the Planning Act only. The applications will be monitored, however, further processing the applications is not expected to be actively pursued by Staff at this time pending the disposition of Deferral Area No. 6 by the Ontario Municipal Board. ....3 502 REPORT NO. PD -46 -95 PAGE 3 4 EXISTING AND SURROUNDING USES 4.1 The existing site is currently vacant of any structures. Approximately one third of the site is occupied by the Farewell Creek and associated valley lands. 4.2 Surrounding land uses are as follows: South: vacant lands subject to development applications and residential development on George Reynolds Drive. East: Estate residential lots fronting on Tooley Road. North: Estate residential lots on Timberlane Court West: vacant lands and existing residential fronting on Trulls Road. 5 PUBLIC MEETING AND RESPONSE 5.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed. Notice was posted on Tooley's Road and on the George Reynolds Drive frontage, which was the additional lands owned by the applicant. In addition, the appropriate notice was mailed to each landowner and tenant within the 120 metre prescribed distance. As of the writing of this report no letters of objection or concern, from abutting land owners, have been received. Although staff have fielded a number of counter and telephone enquiries. 6 OFFICIAL PLAN POLICIES 6.1 Within the Durham Regional Official Plan the subject property is part of Deferral Area No. 6. The lands were designated Living Area with indications of Environmentally Sensitive Area by the Region of Durham in the 1991 Durham Regional Official Plan. However, at this time the Ministry of Municipal Affairs has not considered it appropriate to include the lands within the Courtice urban area boundary and has indicated that it will refer Deferral Area No. 6 to the O.M.B. ....4 REPORT NO. PD -46 -95 PAGE 4 6.2 The former Town of Newcastle Official Plan only provides land uses designations and policy on lands within the urban area boundary. These lands are beyond the current urban area boundary hence the need for the official plan amendment. 7 ZONING 7.1 The current zoning on the subject property is Agricultural (A) and Environmental Protection (EP) . The EP zone recognizes the Farewell Creek and associated valley lands and does not permit any residential structures. The Agricultural zone would not permit the proposed development. 8 AGENCY COMMENTS 8.1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. To date comments remain outstanding from Clarington Public Works Department, Central Lake Ontario Conservation Authority, the Public And Separate School Boards, Region of Durham Planning Department and the Ministry of Natural Resources. 8.2 Comments received from the Community Services Department advise that the application is beyond the urban boundary and not included within the 10 year capital works program. As such the application is considered premature at this time. Should the application be given favourable consideration, Community Services Staff request that a secondary plan be prepared for the entire neighbourhood prior to further comments. Said plan would require details on the planned population, the neighbourhood park location, present and future trail system and interconnections. As well Community Services Staff must be satisfied that the entire parkland requirements would be available to the Municipality with the first registration. ....5 504 REPORT NO. PD -46 -95 PAGE 5 8.3 Regional Works Staff advised that the lands are within the Zone 2 water distribution system and sanitary sewer is tributary to the Farewell Creek trunk sewer system. Municipal services are not immediately available to the site as this plan is non sequential and must be extended through adjacent proposed developments. Should the application proceed the Region provided a number of conditions of draft approval. 8.4 The Ministry of Culture, Tourism and Recreation comments note that the subject lands have a high potential for discovery of archaeological remains. Consequently, they recommended that an assessment be completed prior to any earth disturbance and conditions of approval be applied. 8.5 The Clarington Fire Department and Ontario Hydro both advised they have no objection to further processing of the application. The Ministry of the Environment advised that given current work loads they are limiting their comments to Official Plan Amendment and Plans of Subdivision circulated by the Ministry of Municipal Affairs or delegated municipalities. To date, Planning staff is not aware of any comments by the Ministry, to the Region of Durham Planning Department, on the proposed plan of Subdivision. 9 STAFF COMMENTS 9.1 The proponent has submitted three (3) related applications for the proposed 196 households. The official plan amendment proposes to expand the urban area boundary to include the subject lands. The proposed plan of subdivision seeks approval for the 196 units in the form of 102 single family dwellings, 28 semi - detached /link units and 66 townhouse units. The zoning by -law amendment proposes to rezone the lands to accommodate such a development. 9.2 As noted previously the lands have been deferred by the ....6 - 505 REPORT NO. PD -46 -95 PAGE 6 Ministry of Municipal Affairs in their approval of the 1991 Durham Regional Official Plan. The lands are contained within Deferral Area No. 6. 9.3 The draft Clarington Official Plan which was released in May of 1994 did not include the subject lands within the proposed urban boundary. The applicant's planning consultant and lawyer have both made submissions on this issue. 9.4 In February of this year Planning Staff prepared a report for Committee and Council's consideration dealing with Deferral Area No. 6. The report was prepared in response to a request from the Ministry of Municipal Affairs. Said report identified many of the environmental issues which must be dealt with on a comprehensive basis prior to consideration of individual applications in this area of North Courtice. 10 CONCLUSION 10.1 The purpose of this report is to facilitate the Public meeting as required by the Planning Act, to provide Committee and Council with background on the application submitted and for Staff to indicate issues or area of concern regarding the subject application. In consideration of Council resolution C -63 -92 and the environmental issues previously identified in PD- 17 -95, it is recommend the application be referred back to Staff, and a subsequent report be prepared upon resolution of the above issues and receipt of all outstanding comments. Respectfully submitted, Reviewed by, 41,140H -'el/1-11, Franklin Wu, M.C.I.P. W. H. Stockwell Director of Planning Chief Administrative and Development Officer CP *FW *cc Attachment # 1 - Key Map Attachment # 2 - Area subject to OPA 93 -002 /N Attachment # 3 - Reduction of Proposed Plan of Subdivision May 3, 1995 ....7 REPORT PD-46-95 Interested parties to be notified of Council and Committee's decision: Harry Horricks 27 Timberlane Court Courtice, Ontario LlE 2H1 William Tonno Construction Ltd. 650 King St. E., Suite 215 Oshawa, Ontario L1H 1G5 WDM Consultants 20 Clematis Road Willowdale, Ontario M2J 4X2 Fred Sinlayson 14 Timberlane Court Courtice, Ontario L1E 2H1 0 ATTACHMENT _� �. ,i,., ,�...� �..,.�. ,�. , .� l:i•I:U�:!��•L"�L`[d �i #i'7�hi.`td•T[.7 d . .. ROAD i c v� u ri =m 12W, I IIC�"II A .. .. .. 'EY MAP 50 - m L----EENM- -- 4 .114mPs- t ATTACHMENT #2' SUBJECT SITE 33 32 31 30 29 PEBBLESTONE ROAD C©URTICE KEY MAP • J elf F- OPA 93-002/2 m �q z 0 cn cn W U z 0 U 9 3 RFC PL;W 409- 4r8S r r ft-"- P i](Y. 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