HomeMy WebLinkAboutPD-63-95DN: DERREMA.GpATHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File # 1 °'
Date: Monday, June 19, 1995
Report #: PD-63-95 File #: DEV 95 -001
Subject: REZONING AND NEIGHBOURHOOD
PART LOT 31, CONCESSION 2,
FILE: DEV 95 -001 (X -REF:
Res. # L;,_ µ eat 9
(X -REF: NPA- 001 /CS)Bylaw #
PLAN AMENDMENT APPLICATION
FORMER TOWNSHIP OF DARLINGTON
NPA- 001 /CS)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -63 -95 be received;
2. THAT the application to amend Comprehensive Zoning By -law 84 -63
of the former Town of Newcastle submitted by the Dekkema - Gervais
Development Corporation for the development of the land for two
(2) single family lots be APPROVED;
3. THAT the attached amendment to By -law 84 -63 be APPROVED and that
the Holding (H) symbol be removed by By -law upon confirmation of
the flood - proofed grade elevations by the Central Lake Ontario
Conservation Authority;
4. THAT the application to amend the Courtice South Neighbourhood
Plan be APPROVED;
5. THAT all 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) ....2
527
REPORT NO. PD -63 -95 PAGE 2
2. BACKGROUND
2.1 In January of 1995, the Planning and
received an application to amend
Neighbourhood Plan and Comprehensive
order to permit the development of
dwelling units.
Development Department
the Courtice South
Zoning By -law 84 -63 in
two (2) single family
2.2 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 1OM -839.
3. PUBLIC NOTICE AND SUBMISSIONS
3.1 Pursuant to the requirement of the Planning Act, a Public
Meeting was held on March 20, 1995 at which time the applicant
appeared before Committee in order to answer any questions the
Committee may have had. No other person appeared before
Committee at the Public Meeting although the Planning and
Development Department have received numerous telephone
inquiries, four (4) written submissions and one (1) petition
signed by one hundred and nineteen (119) area residents.
3.2 The four (4) written submissions all voiced objections to the
proposal while the petition objected to the proposal and
indicated that a daytime public meeting was not satisfactory to
the residents. In addition, the four (4) written submissions
all indicate that the residents were under the impression that
the subject land would eventually be developed into a
park /playground.
4. OFFICIAL PLAN CONFORMITY
4.1 Within the Durham Regional Official Plan, the
is designated as a "Living Area ". The primar,
designated shall be for residential purposes.
foregoing, the application would appear to
Durham Regional Official Plan.
subject property
use of lands so
In view of the
comply with the
....3
REPORT NO. PD -63 -95 PAGE 3
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. It is noted
that the amendment to the Neighbourhood Plan would bring it into
conformity to the Official Plan.
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 Central Lake Ontario Conservation Authority has advised that
the applicant's engineer has demonstrated that the lands could
....4
529
REPORT NO. PD -63 -95 PAGE 4
be filled and satisfactorily flood - protected without significant
effects on the floodplain characteristics of the area.
Therefore, the Authority has no objection to the proposed use of
these lands. However, the Authority does recommend that a
Holding (H) prefix be placed on the amending by -law until such
time as the flood - proofed grade elevations have been confirmed.
7.3 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.
7.4 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.
7.5 The balance of the agencies which provided comments were the
Community Services Department, the Fire Department, the Regional
Planning Department and the Ministry of Natural Resources. None
of the aforementioned agencies provided objectionable comments
with respect to the proposal.
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 Block 149 was set aside to provide a location
for an on -site water quality control facility. However, the
stormwater management pond has now been constructed and the
tributary of Robinson Creek has been re- channelized. Therefore,
the applicant contends that Block 149 is not required for
stormwater management purposes and is of sufficient size to
accommodate two (2) additional dwellings. ....5
-- 530
REPORT NO. PD -63 -95 PAGE 5
8.2 Staff note for the Committee's information that the subdivision
agreement between the Municipality and the applicant states that
Block 149 "is to be retained as zoned until such time as a
development application and rezoning are approved. Should the
Owner be unable to develop the block on or before the release of
this agreement, it is to be granted gratuitously to the Town ".
8.3 With respect to the issue of the development of Block 149 into
a park or playground, Staff advise for the Committee's and the
residents' information that Block 149 was never intended to be
a park or playground nor was it required under the terms of the
subdivision agreement.
9. CONCLUSION
9.1 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.
Director of Planning
and Development
WM *FW *cc
Attachment # 1 -
Attachment # 2 -
Attachment # 3 -
Attachment # 4 -
Attachment # 5 -
Attachment # 6 -
Attachment # 7 -
June 8, 1995
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Key Map
Survey
Petition
Letter of Objection
Letter of Objection
Letter of Objection
Letter of Objection
531
REPORT NO. PD -63 -95 PAGE 6
Interested parties to be notified of Council and Committee's decision:
Dekkema Gervais Development
Corporation
100 Allstate Parkway
Suite 501
Markham, Ont. L3R 6H3
Pernell Roberts
33 Poulton Crescent
Courtice, Ont LlE 2H5
Heather Whittall
37 Poulton Crescent
Courtice, Ont LlE 2H5
Cathie McCabe
101 Stuart Road
Courtice, Ont LlE 2A2
John Carter
82 De Rosa Avenue
Bolton, Ont L7E 1A8
David McPhee
33 Bushford Street
Courtice, Ont LlE 2H5
532
ATTACHMENT +1
DEV. 95�001
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Cathie McCabe
101 Stuart Road
Courtice, Ontario
L1E 2A2
905 -436 -2312
Mr. Warren Monroe
Planning Department
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1 C 3A6
Dear Warren:
ATTACHMENT #3
MAY i 5 1995
MUNICIPALITY OF CLARINGTON
PLANNING DEPARTMENT
May 12,1995
Enclosed you will find a list of 119 local Courtice residents who do not wish to
see the .249 hectares of vacant land [part of Lot 31, Concession 2, former
Township of Darlington] developed for two additional home sites on Poolton
Crescent.
Over half of the residents who signed this petition stated they would have
attended an open meeting on this subject had the meeting been at a more
appropriate time. They stated, that a daytime meeting, with no set time for
the discussion, was completely unsuitable.
I think that council should take this under advisement. If another meeting is
to be scheduled, we would request that it be arranged at a time that would suit
the majority of the citizens concerned.
We look forward to your help and understanding in this manner.
Yours truly
Cathie McCabe
535
ATTACHMENT #4
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MUNICIPALITY OF OLARINGTPN
PLANNING DEPARTWNT
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ATTACHMENT #5
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FEB I2 MUNIOII'AUT`l OF CLARINCxTC
��nNNIN i�FF�1RT�s> �T
John and Kathy Carter
82 De Rose Ave.
Bolton, Ontario
L7E lA8
February 12, 1995
Patti Barrie, Clerk
Municipality of Clarington
40 Temperance St.
Bowmanville, Ontrio
L1C 3A6
Dear Ms. Barrie,
RE: ZONING CHANGE IN PART OF LOT 31, CONCESSION 2 FROM
MINOR OPEN SPACE TO RESIDENTIAL
As we are unable to attend the March. 20, 1995 meeting regarding
the above zoning change, we would like to express in writing our
objections to this change.
Although we no longer live on Poolton Crescent; but are presently
renting our townhouse out, we are still concerned over the
proposal, as we feel Courtice desperately needs more green space,
rather that less.
One of the main reasons we left the area was due to the lack of
green space and the high density housing. The only green areas
lleft to enjoy were the schooiyards, as the town had made no
concessions for any additiona_ parkland.
The entire time we lived on Poolton Cres. (Dec. 1990 - Aug.
1993), we awaited the development of the parcel of land in
question to a park. Unfortunately, for that entire period, it
t` remained an eyesore of garbage and stagnant water - we deserved
better than that considering the amount of taxes charged on even
the smallest townhouse.
The development of the area into a small _nark would greatly
enhance the neighbourhoods what we definitely Cion't need is two
more houses packed together. A park would give some of the
smaller children a place to play close to home, as well as break
up the monotony (somewhat) of tl:e high density housing.
537
I . r
In closing, we cannot believe that the town of Clarington
requires taxes so badly that they need to convert this 0.24 acres
of green space into housing. Give the residents of Courtice a
break and let them have some green space!
Sincerely
Owb�)
John and Kathy Carter
, 41
D
Municipality of Clarington
40 Temperance Street
Bowmanville, Ont.
L 1 C -3AG
Planning File: DEV 95 -001
NPA 95- 001 /CS
Clerk's File : D14.DEV.95 -001
February 14, 1995.
F EB Z3 L.; GJ V0 'S5
MAR 1 1995
To Whom it May Concern: MUNICIPALITY OF CLARINGTON
PLANNING DEPARTMENT
This lettter is in reference to the Public Melting Notice to change Part of Lot 31, Concession 2 from Minor
Open Space to Residential in order to build 2 single family dwellings. In addition change the zoning from
Environmental Protection (EP) to Residential.
I totally oppose this attempt to change this zoning. We purchased our home at Lot 81 4 years ago. When we
purchased we were led to beleive, as well as all the other people who purchased on this block that first, the land
behind us (H) R3 would remain an Environmental woods as it was when we purchased and second that this
area Lot 31 wood remain as a park area. We are all upset with the fact that our homes were over $140,000
homes and now have in the past year had townhouses built directly behind us for $99,000. That immediately
reduces the value of our home as well as our neighbourhood with the class of people who now reside there.
With the ammount of taxes we pay for this minute size of lot you would think the least the town could do is
leave a small park area for the community to enjoy. This is a small piece of usable environmental land which can
now be enjoyed safely by young children and pets and families. I'm sure there are lots of other areas which are
already classed residential in which these 2 homes can be built. What is the sense of having land classed
Environmental Protection (EP) if you plan on changing it to residential? That doesn't make sense to me.
All the other (EP) land is this area is thick wooded areas which nothing can been done in. Doesn't it make sense
to have a small (EP) section of land (such as lot 31) flat and usefuli for playing catch, baseball or just having
your children and pets run around.
I don't know-what else I can say, I'm sure the., decision has already been made and we will be living in
construction and dust for the next year.
A Very disappointed tax payer,
H.Whittall
3' Poolton Cres. -
Courtice, Ont. is
L i E -2H5
539 ��
February 19, 1995
MUNICIPALITY OF CLARINGTON
PLANNING FILE: DEV 95 -041
NPA 95- 001 /C.S
40 TEMPERANCE STREET
BOWMANVILLE, ONTARIO
L1 C 3A6
Dear CLERKS FILE: D 14. DEV. 95 -0 D I
ATTACHMENT +i
F r j' S 22 AIN °95
r;. 2 G- lgJ05
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We are writing regarding the propose changes to LQT 31, CONCESSION 2 in the
former Township of Dalingtori, Whcn we first moved in this area, we were told that
this parcel of land was slated to be aR1ayground. We have been waiting for over
three years for this playground. I MUST KNOW VOICE AN OBJECTION TO
THIS PROPOSAL.
We think that having a conservation area in each community is a great way to
improve our way of life. Depriving the community of valuable open, green and
protected spaces will only force the children of that community to seek other areas
to amuse themselves. The impeding consequence would be an increase in crime,
violence and resentment toward the ability of the government to m &ain. the
standard of the community.
Sincerely,
45 f
44
Pcrncll and Sharon Roberts -.
To I it
• • lill m 10 :4 V-11 m 1 :16111 ol • • '
PURPOSE: The purpose of this amendment is to redesignate certain lands
from "Minor Open Space" to "Residential" to permit two (2)
residential lots.
LOCATION: South of Poolton Crescent in Part of Lot 31, Concession 2, in the
former Township of Darlington being Block 149 in Registered
Plan of Subdivision 10M -839.
BASIS: The amendment is based upon an application to develop two
single detached dwellings (NPA 95- 001 /CS).
ACTUAL AMENDMENT: The Courtice South Neighbourhood Development Plan is hereby
amended as follows:
1. by amending "Schedule 1 Land Use Structure Plan" to
redesignate a portion of the subject lands from "Minor
Open Space" to "Residential" as shown on Schedule "A"
attached hereto.
2. Schedule "A" attached hereto shall form part of this
Amendment.
IMPLEMENTATION: The provisions set forth in the Courtice South Neighbourhood
Development Plan with respect to implementation, shall apply to
this amendment.
INTERPRETATION: The provisions set forth in the Courtice South Neighbourhood
Development Plan with respect to the interpretation of the Plan,
shall apply to this amendment.
5 41
SCHEDULE • AMENDMENT* 6
TO THE COURTICE SOUTH
NEIGHBOURHOOD DEVELOPMENT PLAN
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 95-
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.
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 "Holding - Urban Residential Type Two ((H)R2)"
as indicated on the attached Schedule "A" hereto.
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 1995.
BY -LAW read a second time this day of 1995.
BY -LAW read a third time and finally passed this day of 1995.
Eli
543
MAYOR
CLERK
This is Schedule ul "A" to By-law
Passed this —.day of
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Mayor
Cleric
COURTICE
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