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Home My WebLink AboutPD-161-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: DEV93027 .GPA "FPO RT Meeting General Purpose and Administration Committee File 11 7/ (u� Ddte Monday, December 6, 1993 Fees 41 PD- 161-93 DEV 93-027 & NPA 93-07/CN By-L aw Report 11 File I! St]bJP(',t REZONING AND NEIGHBOURHOOD, PLAN AMENDMENT APPLICATIONS WDM CONSULTANTS ON BEHALF OF 848555 ONTARIO LIMITED PART LOT 30, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 93-027 & NPA 93-07/CN necommendations- It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 161-93 be received; 2 . THAT the Neighbourhood Plan Amendment application NPA 93- 07/CN, submitted by WDM Consultants on behalf of 848555 Ontario Limited to amend the Courtice North Neighbourhood 3B Plan be APPROVED; 3 . THAT rezoning application DEV 93-027, submitted by WDM Consultants on behalf of 848555 Ontario Limited, to recognize the channelization and realignment of the tributary be APPROVED; 4 . THAT the amending by-law attached hereto be forwarded to Council for approval; 5. THAT a copy of this report and the amending by-law be forwarded to the Region of Durham Planning Department; 6 . THAT the amending by-law be circulated in accordance with regulations made under the Planning Act; and 7 . THAT any delegation and those persons listed in this report be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: WDM Consultants 1 . 2 Owner: 848555 Ontario Limited 1. 3 Rezoning: From "Holding - Urban Residential Type Two Special Exception ( (H)R2-3) " to "Environmental Protection (EP) 11 2 REPORT NO. PD- 161-93 PAGE 2 1. 4 Neighbourhood Official Plan Amendment: From Low Density Residential Maximum Density 15 Units per hectare and High Density Residential Maximum Density 80 Units per net hectare to Minor Open Space 1. 5 Area: + 0. 76 hectares 2 . LOCATION 2 . 1 The subject lands are located in Part of Lot 30 Concession 3 former Township of Darlington. The site does not front onto any open roads and to determine its location reference should be made to Attachment #1 - Key Map. 3 BACKGROUND 3 . 1 The purpose of this application is to recognize the realignment and channelization of an existing tributary in our zoning by-law and neighbourhood plan. The channelization is required as a draft condition of subdivision. The draft approved plan of subdivision relying on this channelization is located directly west of the subject lands (18T91005) . 4 EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: the lands are vacant, however there exists an old site plan agreement for residential development on the lands 4 . 2 Surrounding Uses: East - existing residential West - Draft approved plan of subdivision South - existing residential development North - the lands are vacant however they are subject to a site plan agreement for a golf course and residential development. . . . . 3 552 REPORT NO. PD-i ri -93 PAGE 3 5 OFFICIAL PLAN POLICIES 5. 1 Within the Official Plan for the former Town of Newcastle, the lands are designated "Major Open Space System with Hazard Land" . The Plan recognizes that the boundaries of the Major Open Space System and Hazard Lands are not precise and that exact boundaries shall be defined in the Comprehensive Zoning By-law. Hazard Lands are identified as areas which may necessitate protection from physical hazards such as flooding. Development within this neighbourhood has precipitated the need to control stormwater flow. As such, channelization and realignment of this creek was required in order to eliminate and control any flood hazards. Therefore this application complies with the Official Plan as the intent of the application is to channelize the existing stream tributary for stormwater management purposes. 5. 2 Within the Courtice North Neighbourhood 3B Plan the subject site is designated in part, "Low Density Residential - Maximum Density 15 units per net hectare" , "High Density Residential - Maximum Density 80 units per net hectare" and "Minor Open Space". The channelization of the tributary must be recognized within the Neighbourhood Plan and designated in its entirety as "Minor Open Space" . 6 ZONING BY-LAW PROVISIONS 6. 1 Within the Comprehensive Zoning By-law, 84-63 , as amended, for the former Town of Newcastle, the subject lands are zoned "Holding - Urban Residential Type Two Special Exception ( (H)R2-3) " . This zone permits single family dwellings with a minimum lot frontage of 25 metres. A portion of the lands are zoned "Environmental Protection (EP) " . The zoning on the "EP" lands will not change, however, the lands zoned 11 ( (H)R2-3) " must be rezoned to reflect the channelization of the tributary through these lands. 7 PUBLIC MEETING AND SUBMISSION 7 . 1 Pursuant to Council's Resolution of July 26, 1982 and the � � 3 . . . .4 REPORT NO. PD- 161-93 PAGE 4 requirements of the Planning Act the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. A public meeting was held on October 18, 1993 at which time no one spoke in opposition to these applications. 8 AGENCY COMMENTS 8 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments and agencies were requested to comment on this application: Municipality of Clarington Public Works Department Municipality of Clarington Community Services Department Municipality of Clarington Fire Department Durham Region Planning Department Durham Region Works Department Central Lake Ontario Conservation Authority Ministry of Natural Resources All departments and agencies circulated had no objection to this application. 9 STAFF COMMENTS 9. 1 The channelization and realignment has resulted in a displacement of the area directly impacted upon by the tributary. Only a small portion of the lands designated and zoned residentially will be zoned Environmental Protection and designated Minor Open Space. From the information provided, it appears that channelization of the tributary will not have an impact on the amount of developable land available. This realignment and channelization does not offend the intent of the Official Plan and Neighbourhood Plan as it reduces the potential risk and hazards associated with streams and tributaries. . . . . 5 REPORT NO. PD-161 -93 PAGE 5 10 CONCLUSION 10. 1 Channelization of the tributary is a condition of draft approval for Plan of Subdivision 18T91005 and as such passage of an amending by-law and amendment to the Courtice North Neighbourhood 3B Plan must be obtained in order to clear this condition of draft approval. As there has been no issues or concerns raised, and channelization of the stream reduces the potential of flooding, Staff recommend that Amendment #10 to the Courtice North Neighbourhood 3B Schedule and the Zoning By-law amendment be approved. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C.I.P. Marie Marano Director of Planning Acting Chief Administrative and Development Officer HB*FW*cc Attachment #1 - Key Map Attachment #2 - Proposed Amendment to Neighbourhood Plan Attachment #3 - Zoning By-law Amendment and Schedule 23 November 1993 Interested parties to be notified of Council and Committee's decision: WDM Consultants 20 Clematis Road Willowdale, Ontario M2J 4X2 848555 Ontario Limited c/o Birchdale Village Limited Partnership Group 19, Box 19 R.R. #3 Bowmanville, Ontario L1C 3K4 5- 55 ATTACHMEWT #1 ® SUBJECT SITE LOT 31 LOT 30 LOT 29 A-8 � I �r ' M I A EP A( A , N A � a IM 1 °- M (H)R1 a Wo w 2 ~ EP q A-8 0: Z A v0 R2 R I M (H)R 4 1 to EP W B1 R2-2 t R2 .(H)R4 EP i V ( R3 EP A � � R ( R R2 R3 R0 % V (H)R3 R1 EP , Q (H)R4 (H)R2-3 1 v EL o ( EP x R2 EP R2-2 I R� i 0 R2 R2 I H) Rt NASH ROAD — COURTICE 0 100 200 300m IN KEY MAP 50m Dev. 93-027 556 ATTACHMENT ffL ,, ( '� • 'x'� r;'��^y.�� c, ,tom. ,;.. . .. 0 6 I (N \rte�\� �1 ti� y, A, ' 20 ''7r 'L'�„� • is�i,')�� ,/:.' M FH L 4• '1'�' u{ tj H ;'DESIGNATION ,C” 1 HANG O TO MINOR FROM H�8 SPACE GL.ENVIEW RD. OPEEN L ti'.,, * L' L o 15 M 15 w {5 30 ;. ' z z CHANGE DESIGNATION L/15 TO MINOR ( WESTMORE FROM N SPACE [c OPE �;3 L mmm NASH ROAD M 10/0i Schedule "A" to Amendment *10 to the COURTICE NORTH NE IGHBOURHOOD 3B DEVELOPMENT PLAN � �7 This is Schedule "A" to By-law 93--, passed this day of , 1993 A.D. LOT 30 CONCESSION 3 25 00 ZONING TO REMAIN EP r nrn.r ` ZONING CHANGE FROM "(H)R2-3"TO"EP�� W -N W Angle,Lot I I Q R P 675 1=- WESTMORE STREET D 0 10 20 m o Mayor lour 0 Clerk LOT 31 LOT 30 LOT 29 II A-8 I I i M I o: EP A ;it A A < A iZ is Ion F (H)RI I w EP A A-8 z A Vo R2 EP RI E a (H)R4 { N W SUBJECT R22 R2 R (H)R4 , EPA I Z SITE R3 I ova R I R2 R3 ao I Q O RI (H)R3 RI I it EP EP I A ( R4 (H)R2.3 I R2 ( EP I K EP R22 I R1 I O R2 R2 I(H)C RI `U NASH ROAD —� 0 60100 200 °.,OOm COURTICE Iom ,�,