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HomeMy WebLinkAboutPD-84-94W;,, THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Meetina: General Purpose and Administration Committee File # 90 . D ( � Date: Monday, July 18, 1994 Res• # q ?q Report #: PD 784 -94 File #: DEV 90 -025 (REVISED) & 18CDM- 900 0Vy -Law # Subject: REZONING APPLICATION — D.G. BIDDLE & ASSOCIATES ON BEHALF OF KIDDICORP INVESTMENTS LTD. PART LOT 29, CONCESSION 21 FORMER TOWNSHIP OF DARLINGTON FILES: DEV 90 -025 (REVISED) & 18CDM -90004 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -84 -94 be received; 2. THAT the rezoning application DEV 90 -025 (Revised) to amend the Comprehensive Zoning By -Law 84 -63 of the former Town of Newcastle as submitted by D.G. Biddle & Associates Ltd. on behalf of Kiddicorp Investments Ltd. to permit the development of a 91 unit link townhouse condominium development be APPROVED subject to "Holding (H) provisions; 3. THAT the Condominium application 18CDM -90004 as submitted by D.G. Biddle & Associates Ltd. on behalf of Kiddicorp Investments Ltd. to permit a 91 unit link townhouse condominium development be APPROVED; 4. THAT the amending By -Law attached hereto be forwarded to Council for approval; 5. THAT an amending By -Law removing the "Holding (H)" symbol be forwarded to Council for approval at such time as the Owner has entered into a site plan agreement with the Municipality; 6. THAT a copy of this report and the amending By -Law' be forwarded to the Durham Region Planning Department; and, 7. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: D.G. Biddle & Associates Ltd. 1.2 Owner: Kiddicorp Investments Ltd. J ... .2 AECYCL o PAP ER RECYCLE ­S PRIME-4RECYCLED PAPER REPORT NO. PD -84 -94 PAGE 2 1.3 Rezoning: From "Holding - Urban Residential Type Four Exception ((H)R4 -11)" and "Environmental Protection (EP)" to "Holding - Urban Residential Type Three Exception ((H)R3 -13)" and "Environmental Protection (EP)" to permit a 91 unit link townhouse condominium development. 1.4 Site Area: 3.32 hectares (8.20 acres) 2. LOCATION 2.1 The subject lands are located in Part of Lot 29, Concession 2 in the former Township of Darlington. The site is situated near the northwest corner of Courtice Road and Highway #2. The municipal property address is 2800 Courtice Road. 3. BACKGROUND 3.1 On February 17, 1994, the Planning Department received an application to rezone the subject lands to permit 91 link townhouse condominium units with a parkette. These lands were subject to a previous zoning application (DEV 90 -025) for which By -Law 91 -118 was passed in 1991 permitting 152 condominium apartment units. However, the site has not been developed and the applicant is seeking approvals for a revised development proposal with a reduction in density. 3.2 A Public Meeting was held for this revised application on April 5, 1994 at which time no one spoke in opposition to the proposal. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Vacant Land ....3 1, , 3 REPORT NO. PD -84 -94 PAGE 3 4.2 Surrounding Uses: East: Existing residential development North: Existing single family unit and Courtice Secondary School West: Environmental protection area and future Courtice Community Complex South: Vacant land and Roy Nichols motor vehicle sales establishment 5. OFFICIAL PLAN POLICIES 5.1 Within the 1991 Durham Region Official Plan, the subject lands are located within the Courtice Urban Area and designated as "Living Areas ". Lands so designated shall predominantly be used for residential purposes. Although the density is reduced, the applicant is still providing compact residential development which appears to conform with the policies in the Official Plan. 5.2 The Official Plan of the former Town of Newcastle designates the lands as "Residential Area ", "Major Open Space with Hazard Land" and "Hazard Land ". Lands designated "Residential Area" shall be predominantly used for residential purposes. The Central Lake Ontario Conservation Authority will assist the Municipality to determine the limits of the Major Open Space System and Hazard Lands. As this is a residential development, the application appears to conform with the Official Plan. 6. ZONING BY -LAW COMPLIANCE 6.1 The subject lands are currently zoned "Urban Residential Type Four Exception (R4 -11)" and "Environmental Protection (EP)" within the Comprehensive Zoning By -Law 84 -63 of the former Town of Newcastle. This zoning permits a maximum density of 58 units per net hectare as well as providing site specific side and rear yard setbacks and parking requirements. ....4 REPORT NO. PD -84 -94 PAGE 4 6.2 The applicant has revised the application and now proposes a total of 91 link townhouse condominium units situated in 23 blocks. As the present zoning does not permit townhouse development, an amendment to the Comprehensive Zoning By -Law is necessary to change the zone to an "Urban Residential Type Three (R3)" zone permitting link townhomes. The proposed density of 31 per net hectare is within the maximum allowable density for this zone. However, site specific side and rear yard zoning provisions required for this development are contained in the attached amending By -Law. 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 Prior to the Public Meeting, only one inquiry for general information had been made. However, no concerns had been raised by surrounding residents at that time. 7.3 As previously mentioned, no one spoke in opposition to the proposal on the Public Meeting held on April 5, 1994. 7.4 The Planning Department did receive a letter from neighbours concerned about the impact of the Durham Region Works request to move the development entranceway north by 45 metres. These concerns are dealt with at a later stage in this report. 8. AGENCY COMMENTS 8.1 The application was circulated to solicit comments from other relevant agencies. ....5 J J REPORT NO. PD -84 -94 PAGE 5 8.2 Comments indicating no objections have been received from the following agencies: Municipality of Clarington Building Department Bell Canada 8.3 The Municipality of Clarington Public Works Department has no objection to the proposal in principle subject to the applicant addressing the following concerns: • that any easements required by the Municipality for this development are granted free and clear of any encumbrances to the Municipality's solicitor; • that the applicant is responsible for all costs of construction (roads, sewers, utilities, community mailboxes, illumination, etc.) required for the development. All utilities must be installed underground. The Region of Durham must also approve the entranceway onto Courtice Road; • that the required storm water drainage works and facilities are constructed in accordance with the East (Macourtice) Tributary of the Black Creek Master Drainage Study. This includes contributing an appropriate share towards the cost of any facilities which benefit the watershed as a whole; • that the applicant enter into a development agreement with the Municipality which includes the Public Works Department engineering and construction requirements; • that the applicant's engineer prepare a lot grading and drainage plan detailing the on -site drainage system and conveyance of overland flows from this site. All on -site storm sewers and related facilities required by the Municipality or other agency will remain in private ownership and the cost of construction and maintenance will be borne in their entirety by the applicant or subsequent owners of the property. ....6 REPORT NO. PD -84 -94 PAGE 6 8.4 The Municipality of Clarington Fire Department has no objections. However, fire hydrants should be installed along all laneways. In addition, no parking is to be permitted in the laneways as these are fire routes. 8.5 The Municipality of Clarington Community Services Department has no objections subject to the following requirements; • that the land dedication requirement be accepted as cash - in -lieu on the basis of 1.0 hectare per 300 dwelling units and the funds being credited to the Parks Reserve account; • that the applicant dedicate any open space blocks along the perimeter of the development, save and except the storm water management facility which is to be retained and maintained by the owner; and, • that a 1.8 metre privacy fence be provided to separate the residential lands inclusive of the retained pond from the municipally owned lands. 8.5 The Durham Region Planning Department indicates that the proposal appears to satisfy the relevant Official Plan policies. Full municipal services are available to the property. The Durham Regional Works Department requires a 5.32 metre road widening along Courtice Road, which has been shown on the site plan. 8.6 The Central Lake Ontario Conservation Authority does not object to the rezoning application. However, issues including the alteration of grades within the floodplain and the revision of the Regional Storm floodline must be resolved prior to obtaining Authority approval. These matters can be resolved at the site plan application stage. 8.7 The Ministry of Natural Resources has no objections but requests to be involved at the site plan approval phase....7 4 yy fj REPORT NO. PD -84 -94 PAGE 7 8.8 The Ministry of Transportation has no objections subject to the applicant obtaining the relevant permits as required for any structures within a 180 metre radius of the intersection of Highway #2 and Courtice Road. 8.9 The Northumberland and Newcastle Board of Education has no objections to this proposal. In their comments to the previous proposal, they had concerns about the additional student load from this development on Courtice North Public School. However, the project density has since decreased and this school has been enlarged. Sidewalks are still required along Courtice Road as these students will walk to school. 8.10 Comments have not been received from Ontario Hydro and the Peterborough/ Victoria /Northumberland /Newcastle Roman Catholic Separate School Board. However, the Separate School Board had no objections to the previous application. 9. STAFF COMMENTS 9.1 The Durham Region Works Department have requested that the entranceway to the development be moved 45 metres to the north along Courtice Road to maximize the entranceway distance between major intersections. In response to this request, the Planning Department received a letter from concerned neighbours. If the entranceway was moved 45 metres north, it would be very close to the northern property line. As their home is located very close to the property line, they are concerned about the constant noise from the traffic generated from the development. Also, the construction of the road might damage the roots of a mature maple tree along the property line. Finally, access to their property from Courtice Road for future redevelopment may be jeopardized. The entrance issue was discussed with the Durham Region Works Department. Although they still prefer that the applicant ....8 t REPORT NO. PD -84 -94 PAGE 8 move the entrance north the prescribed distance, they have indicated that they would honour their existing approval. Based on discussions with the applicant and in light of the neighbours' concerns, Staff feel that the entrance should remain at its present location. 9.2 The applicant has also decided to remove the garbage collection containers which were located adjacent to the northern property boundary on the previous application. This should also reduce the amount of noise experienced by the residents in the area. The applicant has instead opted for curbside garbage pick -up. 9.3 A landscaping plan has not been submitted with the revised proposal. Such a plan will be submitted at the site plan approval phase. However, the applicant has agreed to provide a 1.8 metre privacy fence and preserve the mature and healthy trees deemed valuable at the neighbour's request along the northern property boundary. In addition, the applicant will provide a parkette towards the western portion of the site. 9.4 This application complies to all pertinent density regulations and zoning provisions with the exception of the 3.0 metre minimum setback from'an "Environmental Protection (EP)" zone. The provision of this requirement is for the benefit of the respective Conservation Authorities. The applicant has submitted the appropriate engineering studies and has satisfied the Central Lake Ontario Conservation Authority that a setback from the "Environmental protection (EP)" zone is not required. 9.5 The Municipality will not receive the storm water management facility located on the western portion of the site. This facility is a requirement of the Ministry of Natural Resources ....9 19 REPORT NO. PD -84 -94 PAGE 9 and is to remain on those lands owned by the condominium authority. Land adjacent to Black Creek that remains in the Environmental Protection zone will be dedicated gratuitously to the Municipality as a condition of site plan approval. 9.6 The applicant has indicated a desire to provide a link between the proposed development and the future Courtice Community Complex and Park. This issue can be dealt with during the site plan approval stage through discussions between the applicant and the Municipality of Clarington Community Services Department. 9.7 There are a number of issues that can be addressed at the site plan approval stage. A property appraisal is required to determine the cash -in -lieu of parkland contribution required from the applicant. Any well interference resulting from this development will be addressed by the Region. Final site design, landscaping and fencing requirements, engineering matters, street names and numbering as well as applicable municipal development charges and other financial contributions will also be incorporated into the site plan agreement. 10. CONCLUSION 10.1 The applicant has attempted to satisfy many of the agencies' and neighbour's concerns both through the current and previous applications. Based on the above comments, it is recommended that this condominium application and amending By -Law be APPROVED. A By -Law to remove the "Holding (H)" symbol will be forwarded to Council for approval upon the owner's execution of the Site Plan Agreement. ....10 J20 REPORT NO. PD -84 -94 PAGE 10 Respectfully submitted, (1) ro Franklin Wu, M.C.I.P. Director of Planning and Development RH *FW *cc July 8, 1994 Attachment #1 - Key Map Attachment #2 - Site Plan Attachment #3 - Amending By -Law Reviewed by, W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Halminen Homes Ltd. 1748 Baseline Road West Courtice, Ontario L1E 2T1 D.G. Biddle & Associates 98 King Street East Oshawa, Ontario L1H 1B6 Paul and Dorothy Tuerk 2832 Courtice Road Courtice, Ontario L1E 2M6 541464 Ontario Inc. 103 Athol Street East P.O. Box 2065 Oshawa, Ontario L1H 7V4 y.J�� Attachment + 1 II Al sip FRA ISAW101 SLACK C,,.— - ----- KINGS 14IC14WAY NO. 2 III II ly W Ii U I I WAICIPALITY OF CLARINCTON I SITE PLAN w. v.G.C. sp- I —y IflS 117E DATA PARKING SITE STATISTICS .IfenK - KEY PLAN ---- --- - ----- ------ . .. . . ........... • II Al sip FRA ISAW101 SLACK C,,.— - ----- KINGS 14IC14WAY NO. 2 III II ly W Ii U I I WAICIPALITY OF CLARINCTON I SITE PLAN w. v.G.C. sp- I —y IflS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 94- 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 in accordance with application DEV 90 -025 and to permit a reduction from the required building setback from an "Environmental Protection (EP)" zone. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.1 "Urban Residential Type Three (R3)" is hereby amended by adding thereto, the following new Special Exception 14.6.13 as follows: "14.6.13 Urban Residential Exception (R3 -13) Zone Notwithstanding Section 14.4, and 3.19(a), the lands zoned "R3 -13" on the Schedules to this by -law shall be subject to the following zone regulations: a. Interior side yard 6.0 metres • where the interior side yard abuts an Environmental Protection (EP) zone nil b. Rear yard 7.5 metres • where the rear yard abuts an Environmental Protection (EP) zone nil C. Parking spaces (minimum) 195 2. Schedule "4" to By -Law 84 -63, as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Type Four Exception ((H)R4 -11)" to "Holding - Urban Residential Type Three Exception ((H)R3 -13)" and "Environmental Protection (EP)" to "Holding - Urban Residential Type Three Exception ((H)R3 -13)" as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By -law. 4. 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 1994. BY -LAW read a second time this day of 1994. BY -LAW read a third time and finally passed this day of 1994. MAYOR CLERK This is Schedule "A" to By-law 94--,. passed this . day of—,1994A.D. 0 AP 101 E�4 Fp .2 KINGS HICHrA Y NO. 2 ZONING CHANGE FROM '(H)R4-11 - TO'(H)R3-13' ZONING CHANGE FROM' EP' TO'(H) R3-13' ZONING TOREMAIN- EP' Mayor COURTICE LOT 30 LOT 29 LOT 28 Z 0 ,U FA .1 RI fil ORI .0 I; U 0 60 *0 200 300. 60m Clerk 9 1rz;1, 1