HomeMy WebLinkAboutPD-72-95DN: 289143.GPAHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #�PV ' `x ` "'
Date: Monday, July 10, 1995 Res. # C, t) n_
PD -72 -95 DEV 95 -019, OPA 95- 006 /C, OPA 9s -q07 /p
Report #: #: Z 1 PrP_arnz7 y' aw
Subject: REZONING APPLICATION - 289143 ONTARIO LIMITED
SOUTH -EAST CORNER OF BLOOR ST. & PRESTONVALE ROAD, COURTICE
FILE: DEV 95 -019, OPA 95- 006 /C, OPA 95 -007 /D & 18T -95037
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -72 -95 be received;
2. THAT the application to amend the 1991 Durham Region Official
Plan, the Official Plan of the former Town of Newcastle and
Comprehensive Zoning By -Law 84 -63 of the former Town of
Newcastle submitted by Tunney Planning Inc. on behalf of
289143 Ontario Limited be referred back to Staff for further
processing and preparation of a subsequent report pending
receipt of all outstanding comments; and,
3. THAT all interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: 289143 Ontario Limited
1.2 Agent: Tunney Planning Inc.
1.3 Former Town of Newcastle Official Plan Amendment:
To amend the Official Plan by including the subject lands
within the Courtice Major Urban Area for residential
purposes.
1.4 Durham Region Official Plan Amendment:
To amend the land use designation from "Employment Area"
to "Living Area" to permit residential uses.
1.5 Rezoning:
From "Agricultural (A) Zone" to appropriate zones
permitting the development of a proposed plan of
subdivision. .... 2
REPORT NO. PD -72 -95 PAGE 2
1.6 Plan of Subdivision:
To permit the development of 42 single family units, 52
semi - detached units, 57 link units, 76 street townhouse
units, 38 block townhouse units, 49 apartment units and
a community park block.
1.7 Site Area: 17.24 hectares (42.59 acres)
2. LOCATION
2.1 The subject lands together comprise a 17.24 ha (42.6 ac)
parcel at the southeast corner of Bloor Street and Prestonvale
Road south of Courtice. The property in legal terms is known
as Part Lot 33 and part of the road allowance between Lots 32
and 32, Concession 1 in the former Township of Darlington.
The subject lands completely surrounds a single family
dwelling towards the southern boundary of the property.
3. BACKGROUND
3.1 On March 27, 1995, Tunney Planning Inc. filed two applications
on behalf of 289143 Ontario Limited with the Municipality of
Clarington to amend the Official Plan of the former Town of
Newcastle and Comprehensive Zoning By -Law 84 -63 of the former
Town of Newcastle. The purpose of the Official Plan Amendment
application is to designate the subject lands for residential
purposes within the Courtice Major Urban Area. The purpose of
the Zoning By -Law Amendment application is to change the
current zoning from "Agricultural (A) Zone" to appropriate
zones permitting the development of a proposed draft plan of
subdivision.
3.2 The agent has also submitted Regional Official Plan Amendment
and Draft Plan of Subdivision applications to the Durham
Region Planning Department. The Regional Official Plan
Amendment application requests that the land use designation
be changed from "Employment Area" to "Living Area" to permit
....3
�2H
REPORT NO. PD -72 -95 PAGE 3
residential uses for the lands. An application for a draft
plan of subdivision consisting of 42 single family units, 52
semi - detached units, 57 link units, 76 street townhouse units,
38 block townhouse units, 49 apartment units and a community
park block has also been received for processing.
3.3 The subject lands are located in the eastern portion of the
lands affected by proposed Official Plan Amendment #59 to the
Official Plan of the Former Town of Newcastle. Development
applications have been received from Newcastle I Limited
Partnership and Newcastle II Limited Partnership (formerly
Stolp Homes), 765400 Ontario Limited and 289143 Ontario
Limited. The South -West Courtice Secondary Plan has been
prepared to guide development within this proposed
neighbourhood. On May 29, 1995, Council resolved to have this
area considered as part of the Official Plan review.
3.4 The applicant also owns lands within the South -West Courtice
Secondary Plan area on the west side of Prestonvale Road
adjacent to the subject lands.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Vacant land
4.2 Surrounding Uses:
East: Vacant land and Robinson Creek valleylands
North: Vacant land
West: Vacant land and residential dwelling
South: Rural residential
S. OFFICIAL PLAN POLICIES
5.1 Within the existing 1991 Durham Region Official Plan, the
subject lands are designated "Employment Area ". Permitted
activities within this area include the manufacturing,
assembly and processing of goods, service industries, research
....4
a2 9
REPORT NO. PD -72 -95 PAGE 4
and development, warehousing, transportation facilities and
hotels. As the proposed uses do not conform to these
policies, the applicant has applied to amend the designation
to permit residential uses.
5.2 The subject lands are not included within an urban area under
the former Town of Newcastle Official Plan. The proponent has
submitted an application to amend the Official Plan to include
the subject lands within the Courtice Major Urban Area.
6. ZONING BY -LAW CONFORMITY
6.1 The subject lands are currently zoned "Agricultural (A)" which
permits limited residential uses, agriculture, conservation
and forestry, kennels, fur farms, public fairgrounds, riding
and boarding stables and seasonal farm produce sales outlets.
As the proposed residential uses do not comply with the
permitted uses, an application to amend the zoning by -law is
warranted.
7. PUBLIC NOTICE AND SUBMISSION
7.1 Pursuant to Council's resolution of July 26, 1982 and
requirements of the Planning Act, R.S.O. 1990, the appropriate
signage acknowledging the application was erected on the
subject lands. The required notice was mailed to each
landowner within the prescribed distance.
7.2 As of the writing of this report, no written submissions have
been received. One counter inquiry from an agent acting on
behalf of an adjacent landowner has been received. The
individual expressed concern that this application did not
represent sequential development as required in the draft
Official Plan, especially as the lands are located outside the
20 year Interim Urban Boundary.
....5
ID' 30
REPORT NO. PD -72 -95 PAGE 5
8® AGENCY COMMENTS
8.1 The application was circulated to solicit comments from other
relevant agencies. Bell Canada and Ontario Hydro have no
objections to the application.
8.2 The Municipality of Clarington Community Services Department
is concerned that these lands have not been included within
the South West Courtice neighbourhood plan. Municipal
services required to service this area have also not been
included within the ten year capital works pursuant to the
Development Charges By -Law and is therefore premature.
However, the following conditions of approval are requested:
• the application should be considered as an addition to
the South West Courtice Neighbourhood;
• the application should not proceed until the intersection
of Bloor Street and Prestonvale Road has been finalized;
• a community park with a minimum size of 12 ha (30 ac) is
required within this application;
• a parkette may be required to serve the population
generated by this proposal; and,
• the community park should not encompass the dwelling
located along Prestonvale Road. The park should either
be located to the north or the land acquired as part of
the park area.
8.3 The Municipality of Clarington Fire Department is concerned
that this site is located in an area that would not allow safe
response times from the existing fire station in Courtice.
This application in conjunction with the Stolp Homes
application places strains on the existing level of fire
protection services in Courtice.
8.4 The Central Lake Ontario Conservation Authority has no
objection to the proposed Official Plan Amendment in principle
....6
�J�
REPORT NO. PD -72 -95 PAGE 6
but indicates that the application is premature at this time.
The following comments are provided for consideration:
• The eastern portion of the development proposal
encroaches beyond the top -of -bank and into the forested
valleylands of the Robinson Creek, one of the last
remaining forested blocks along the creek. This area is
designated "Open Space" in the Courtice Employment Area
Secondary Plan. The plan will have to be revised to
address the valleyland features along the eastern
boundary of the site. In particular, top -of -bank
setbacks and buffer areas must be established to minimize
the disruption to the wooded areas. A trail system
should also be contemplated as part of the development;
and,
• The property is within the Robinson Creek Master Drainage
Plan study area. Due to revisions to the plan, the
proponent must investigate the option of providing a
stormwater management facility on the property.
8.5 The Northumberland and Clarington Public School Board has
concerns with the proposal. The development is estimated to
generate approximately 115 students which will attend the
Courtice South Public School. This facility is over capacity
with 9 portables on site. Should the application be approved,
development may have to be phased subject to available school
capacity. Additional portables may be required to accommodate
students. The Board also requires sidewalks on all interior
and exterior roads.
8.6 Canada Post has no objections but requests suitable locations
for their community mailboxes.
8.7 Comments still remain outstanding from the following agencies:
Municipality of Clarington Public Works Department....7
532
REPORT NO. PD -72 -95 PAGE 7
Durham Regional Planning Department
Durham Regional Public Works Department
Ministry of Natural Resources
Ministry of Environment and Energy
Peterborough /Victoria /Northumberland /Clarington
Separate School Board
9. STAFF COMMENTS
9.1 This application has been made to redesignate lands from
"Employment Area" to "Living Area" within the Durham Region
Official Plan. This plan has designated sufficient area
within Courtice for residential purposes to accommodate an
ultimate population of approximately 45,000 persons. The
proposal would generate approximately 950 persons. The
applicant has provided no justification for the redesignation
of the subject lands for residential purposes.
9.2 The Draft Clarington Official Plan has designated a 12 ha (30
acres) community park on these lands at the southeast corner
of Bloor Street and Prestonvale Road. The draft plan of
subdivision has only incorporated a 4.0 ha (10.0 ac) block for
community park purposes at the southern extent of the
property. In order to make up a 8 ha shortfall, the
Municipality would have to acquire other properties to the
south which consists of a fairly steep slope. Community
Services Department advised that relatively flat tableland is
necessary to permit the development of the necessary
facilities.
9.3 As the purpose of this report is to satisfy the requirements
for the Public Meeting under the Planning Act, R.S.O. 1990,
and considering the number of outstanding comments, it is
respectfully requested that this report be referred back to
Staff for further processing and the preparation of a
subsequent report. ....8
533
REPORT NO. PD -72 -95 PAGE 8
Respectfully submitted,
A
Franklin Wu, M.C.I.P.
Director of Planning
and Development
RH *FW *cc
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Attachment #1 - Key Map
Attachment #2 - Draft Plan of Subdivision
June 23, 1995
Interested parties to be notified of Council and Committee's
decision:
289143 Ontario Limited
7111 Dufferin Street
Thornhill, Ontario
L4J 2K2
Attn: Michael Freedman
Durham Quality Realty Inc.
600 King Street East
Oshawa, Ontario
L1H 1G6
Attn: Mel Edwards
Tunney Planning Inc.
340 Byron Street South
Whitby, Ontario
L1N 4P8
Attn: Kevin Tunney
Aird & Berlis
BCE Place
Suite 1800
Box 754
181 Bay Street
Toronto, Ontario
M5J 2T9
Attn: Steven Zakem
ATTACHMENT #1
SUBJECT SITE
LOT 35 LOT 34 LOT
33 LOT 32
COUMCE DEV. 95 -019
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