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HomeMy WebLinkAboutPD-136-95 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN ALEX-INV GPA REPORT General Purpose and Administration Committee �N � . � � Meeting: File # l`� �'/ D Monday, December 4, 1995 Date: Res. # PD-136-95 DEV 89-104 (X-REF. 18T-89082) 'L Report #: File #: By-law Subject: REZONING APPLICATION - PROPOSED PLAN OF SUBDIVISION APPLICANT: ALEXANDRIS INVESTMENTS LIMITED 2322 TRULLS ROAD, COURTICE FILE: DEV 89-104 (X-REF.: 18T-89082) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-136-95 be received, 2. THAT the Region of Durham be advised that the Municipality of Clarington recommends approval of the draft plan of subdivision 18T-89082 dated November 25, 1992, as revised in red, subject to the conditions contained in Attachment No. 1 to this report; 3. THAT the Mayor and Clerk be authorized, by By-law, to execute the Subdivision Agreement between the Owner of the proposed draft plan of subdivision 18T-89082 and the Corporation of the Municipality of Clarington at such time as an agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; 4. THAT the attached amendment to By-law 84-63 be APPROVED and that the Holding (H) symbol be removed by By-law upon the execution of the Subdivision Agreement; 5. THAT the interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant, John Alexandris 12 Agent- Tony Masongsong 1.3 Owner: Alexandris Investments Limited 1 4 Subdivision: Seeking approval for a sixty-three (63) unit plan of subdivision consisting of sixteen (16) single-detached units, twenty-four (24) semi/link units and twenty-three (23) townhouse units In addition, ,08 REPORT NO. PD-136-95 PAGE 2 the application would create one (1) future residential block to be developed with the northerly abutting property. 1 5 Rezoning: From in part Holding-Urban Residential Type One ((H)R1) and in part Agriculture (A) to the appropriate zones in order to implement the above noted development. 1.6 Area: 3.297 hectares (8 15 acres) 2. BACKGROUND 2.1 In June of 1989, the Municipality's Planning and Development Department was advised by the Region of Durham of a proposed plan of subdivision located in part of Lot 31, Concession 2, in the former Township of Darlington 2.2 In August of 1989, the applicant applied with the Municipality to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle in order to implement the proposed plan of subdivision. In addition, the applicant was informed by the Region that a portion of the subject lands were outside of the urban area and that an Official Plan Amendment would be required. 2.3 The Municipality subsequently received correspondence from the Region of Durham advising that the subject lands are now considered to be within the Urban Area and therefore, can be considered to be in conformity with the Regional Official Plan Therefore, the Official Plan Amendment application is no longer required. 24 Public Meetings with respect to the proposal were held on January 8, 1990, February 1, 1993 and November 21, 1994 No area residents appeared at either of the first two (2) Public Meetings. The third Public Meeting, which was held due to the significant revisions to the plan, was attended by the applicant's agent and two (2) area residents. 9 REPORT NO.: PD-136-95 PAGE 3 Both residents stated that they were not opposed to the development but were concerned with impacts such as traffic, well water interference and construction debris. 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 out to each landowner within the prescribed distance. 4. OFFICIAL PLAN CONFORMITY 41 Within the Durham Regional Official Plan the subject property is designated as Living Area within the Courtice Major Urban Area while the Official Plan for the former Town of Newcastle designates the subject property as residential. Therefore, the proposal appears to conform with the Durham Regional Official Plan and the Official Plan for the former Town of Newcastle. 5. ZONING BY-LAW COMPLIANCE 5.1 Within Comprehensive Zoning By-law 84-63, as amended, of the former Town of Newcastle, the subject property is zoned in part Holding-Urban Residential Type One ((H)R1) and in part Agriculture (A) As the applicant intends to develop the subject property with a mix of single, semi and townhouse units, an amendment to the zoning by-law is required. 6. AGENCY COMMENTS 6.1 In accordance with departmental procedures, the application has been circulated in order to obtain comments from other departments and agencies. The following provides a brief summary of the comments received. 62 The Public School Board advised that the volume of growth in the Courtice area cannot be accommodated by their plans but noted that this objection would be reconsidered when a more comprehensive study has been prepared by the Board. 510 REPORT NO.: PD-136-95 PAGE 4 6.3 The Central Lake Ontario Conservation Authority has noted that the subject property is within the watershed of Robinson Creek and the study area of the Robinson Creek Master Drainage Plan Although the Master Drainage Plan has been approved by the Authority, specific implementation details have not been finalized. Nevertheless, the Authority has no objection to the proposal provided that the Holding (H) symbols remain in place until such time as the storm water management implementation details have been finalized 6.4 The Ministry of Natural Resources has advised that the subject land ultimately drain into a watercourse Therefore, there is concern that unless proper stormwater management techniques and erosion and sedimentation control measures are employed on site, both during and after construction, negative impacts on downstream water quality may result. However, the Ministry offers no objection to the proposal subject to several regulatory conditions. 65 The Public Works Department has advised that they have no objections to the proposal. However, they note that two small portions of the most northerly road allowance is located on the abutting property as shown on Attachment No. 2. The Public Works Department has advised that the plan will need to be red-line revised so that the entire portion of the road allowance is included within the limits of the Plan of Subdivision. In addition, the plan will also have to be revised to increase the widening on Trulls Road from 5.0 metres to 5 182 metres. Nevertheless, the Public Works Department has forwarded several conditions of approval regarding these and other issues such as easements, site triangles, emergency access and lot grading All of these conditions will be imposed through the subdivision agreement and the approval of engineering drawings. I 6.6 The Community Services Department has reviewed the proposal and advised that they have no objection to the application subject to the applicant providing cash-in-lieu of i 511 REPORT NO.: PD-136-95 PAGE 5 parkland dedication on the basis of 1 hectare per 300 dwelling units with the funds realized being credited to the Parks Reserve Account 7. STAFF COMMENTS 7.1 Staff have reviewed the application in relation to the proposed density, the density of the surrounding area, the residential density policies contained in the Official Plan, the mix of housing units and the surrounding land uses. 7.2 The application has been revised numerous times since the original proposal was submitted in 1989. Currently, the application is proposing to develop the 3.297 hectare parcel at an overall density of 29.97 units per net residential hectare which is compatible with the densities of the recent developments to the north and the west. 7.3 In addition, the subdivision proposes a good mix of housing types which serves to satisfy Section 6.1.1 i) of the Official Plan which requires the provision of a "range of housing types, sizes, price and tenure arrangements in order to provide accommodation for households of differing socio-economic characteristics." 7.4 Moreover, the applicant has revised the plan of subdivision to utilize the service lane concept abutting Trulls Road. This allows for the development of Blocks 32 and 33 with units which face Trulls Road but have access via an internal road system. The result is a subdivision design which is architecturally more pleasing and provides for a more attractive streetscape. 7.5 Finally, the southerly abutting property owner, Mr. Alex Vooys, requested the provision of a fence along the entire south property line of the subject lands. Standard municipal policy is that the provision of fencing between abutting properties with similar land uses (ie. residential abutting residential) is the responsibility of the land owners. 7.6 However, in this case Mr. Vooys operates a commercial greenhouse on his property and is concerned about the privacy of future residents as well as the compatibility of the 5 1 - REPORT NO.: PD-136-95 PAGE 6 greenhouse operation with the future houses. Although, Mr. Vooys' property is designated as a Living Area and is likely to be residentially developed in the future, there is no guarantee that the greenhouse operation will cease to exist As a result, staff are of the opinion that it would be prudent to provide for fencing at this time. Staff advise for the Committee's information that Condition #24, as contained in Attachment No. 1, would require the provision of fencing. 8. CONCLUSION 8.1 In consideration of the comments contained within this report, the Planning and Development Department would have no objection to the approval of the proposed plan of subdivision, subject to the conditions of draft approval as contained in Attachment No. 1 to this report. 8.2 Furthermore, the Planning and Development Department would have no objection to the approval of the attached zoning by-law amendment, to implement the red-lined plan. The amending zoning by-law would provide for the appropriate zone categories to implement the above noted plan of subdivision (18T-89082). Staff note that the removal of the Holding (H) symbol will require Council approval at such time as the Subdivision Agreement is registered. A rezoning application to remove the holding symbol will be required at a later date J REPORT NO : PD-136-95 PAGE 7 Respectfully submitted, Reviewed by, Franklin Wu, M.C.I P., R.P.P. W.H. Stockwell Director of Planning Chief Administrative and Development Officer WM*FW*df 21 November 1995 Attachment #1 - Conditions of Draft Approval Attachment #2 - Red Line Revised Plan Attachment #3 - Road Allowance Red Line Revisions Attachment #4 - Key Map Interested parties to be notified of Council and Committee's decision Alexandris Investments Limited 39 East Drive Unionville, Ontario. L3R 1 K7 Tony Masongsong Masongsong-Atkari Engineering Limited 9078 Leslie Street Unit 4 Richmond Hill, Ontario. L4i3 31-8 514 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-89082 prepared by Masongsong-Atkari Engineering Limited dated November 1992 (and further revised in red as per the attached plan) showing 1 to 16 inclusive for single family dwellings, Lots 17 to 28 for semi-detached or linked dwellings, Blocks 29 to 33 for townhouses, and various blocks for reserve, road widening, future residential FINAL PLAN REQUIREMENTS 2 That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Municipality of Clarington and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 5. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Planning and Development to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas 6. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 7. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation plan to the Director of Planning and Development for review and approval. � j �J Page 2 REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 8 That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's subdivision agreement, including, but not limited to, the requirements that follow. 9. That all easements, road widening, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. 10. That the Owner shall pay to the Municipality at the time of execution of the subdivision agreement, cash-in-lieu of parkland dedication for residential development on the basis of 1 hectare per 300 dwelling units. 11. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner 12. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 13. That the Owner shall cause all utilities, including hydro, telephone, Cable TV, etc. to be buried underground. 14 That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 15 That the Owner shall adhere to architectural control requirements of the Municipality. 516 Page 3 REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 16. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3 2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4 1.1 and open burning as per Subsection 2.6 3.4 of the Ontario Fire Code. 17. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 18. The Owner agrees to provide a 5 182 metre road widening along Trulls Road 19 The Owner agrees that the storm drainage works necessary for this plan of subdivision will be constructed in accordance with the Robinson Creek Master Drainage Study, dated January 1991 prepared by G.M Sernas and Associates Ltd. 20. The Owner agrees that an emergency access be constructed from the proposed street to Trulls Road to the satisfaction of the Director of Public Works, 21 The Owner agrees that the north leg of the proposed street be fully serviced with water, sanitary sewer, storm sewer, hydro, telephone and cable television to accommodate all future lots which may front the proposed road. 517 Page 4 22. The Owner agrees to be responsible for the costs of all road and service connection works required for the connection of this development to the existing John Walter Crescent including all costs associated with the dedication of the complete road allowance to the Municipality 23 The Owner agrees to assume all costs for the provision and installation of Community Mailboxes to service this development in a manner satisfactory to the Director of Public Works. 24. The Owner agrees to erect a 1.8 metre closed board wooden fence along the southern lot line of Lots 1 to 8 all inclusive, Lot 27, Lot 28 and Block 31. 25. The Owner agrees to meet all the requirements of the Central Lake Ontario Conservation Authority, financial or otherwise. 26. The Owner agrees to meet all the requirements of the Ministry of Natural Resources, financial or otherwise. 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N Oe tit • 00,91.91 N 91 bbl ado 3anin � 520 ATTACHMENT #4 SUBJECT SITE LOT 32 LOT 31 LOT 30 1 \ N Q � z ry N w U Z Of � U BLOOR STREET e CONJM6E DEV, 89 - 104 521 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 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 to implement DEV 89- 104 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 category from "Holding-Urban Residential Type One ((H)R1)"to "Holding-Urban Residential Type Two ((H)R2)". "Holding-Urban Residential Type One((H)R1)"to"Holding-Urban Residential Type Three ((H)R3)". "Agricultural (A)"to "Holding-Urban Residential Type One ((H)R1)" "Agricultural (A)"to "Holding-Urban Residential Type Two ((H)R2)" "Agricultural (A)" to "Holding-Urban Residential Type Three ((H)R3)". 2 Schedule "A" attached hereto shall form part of this By-law. 3 This By-law shall come into effect on the date of 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. CLERK MAYOR 522 This is Schedule "A' to By—law 95— , passed this day of , 1995 A.D. LOT 31 CONCESSION 2 i I I I i a ------_ N 71021'20"E 222 58 tD : ' a Q ----� _ ° c� 3 3 J --:O ". 'M J o � r---� 0 O I - CD 1 1 N71035'40 E 223 40 = ZONING TO REMAIN "(H)RI " © ZONING CHANGE FROM "(H)RI" TO "(H)R2" ZONING CHANGE FROM "(H)RI" TO "(H)R3" / ZONING CHANGE FROM "A" TO " (H)R I " ®ZONING CHANGE FROM "A" TO " (H) R2" ® ZONING CHANGE FROM"A" TO "(H) R3" 0 25 50m 50 40 30 20 10 0 Mayor Clerk LOT 32 LOT 31 F LOT 30 u- Id - IIIIIII 1 �I�IlY �l I _� -71I➢I�I�I L�l] \ N Z a0 O V) U 0 COURTICE BL00 STREET J L J — __