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Home My WebLink AboutPD-086-00 , , DN, PD-086-00 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Date: General Purpose and Administration Committee File # y/f' .ztj/T~cJm--o /9 Monday, September 18, 2000 Res. #0f7/?- 317- 0-0 Meeting: Report #: PD-86-00 File #: ZBA 2000-019 By-law # Subject: PROPOSED REZONING APPLICATIONS -1276467 ONTARIO LTD., ASHTON DEVELOPMENT CORP. (CLARINGTON) LTD. PART LOT 34, CONC. 2, FORMER TOWNSHIP OF DARLINGTON (AUBURN LANE) FILE: ZBA 2000-019 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-86-00 be received; 2. THAT application to amend the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by D.G. Biddle & Associates on behalf of 1276467 Ontario Limited and Ashton Development Corp. (Clarington) Ltd. be referred back to staff for further processing and the preparation of a subsequent report upon completion of an Enviromnental Impact Study and receipt of all outstanding comments; and 3. THAT the Durham Region Planning Department, all interested parties listed in this report, and any delegation be advised of Council's decision. 1 APPLICATION DETAILS 1.1 Applicant: 276467 Ontario Limited, Ashton Development Corp. (Clarington) Ltd. 1.2 Agent: D.G. Biddle & Associates Limited 1.3 Rezoning: From "Enviromnental Protection (EP)" to "Urban Residential Type One - R1" to permit ten, 15m minimum frontage, single detached dwelling lots. 1.4 Area: 4318m2 " REPORT PD-86-00 PAGE 2 2 LOCATION 2.1 The subject lands are located in Part Lot 34, Concession 2, former Township of Darlington. The lands are on the north side of Auburn Lane in Courtice. 3 BACKGROUND 3.1 On July 25, 2000, the Municipality ofClarington Planning Department received the referenced Zoning By-law Amendment application. The subject lands are part of the Penfound Neighbourhood in the Clarington Official Plan. The subject lands, together with Block 80 of 10M-832 are proposed to be developed with ten single detached dwelling lots with frontages ranging from 18 to 20m. When subdivision 10M-832 was developed Block 80 was serviced for possible future lots as proposed through this rezomng. 4 EXISTING AND SURROUNDING USES 4.1 Existing Uses: The subject land is currently vacant. 4.2 Surrounding Uses: East- Existing residential fronting on Auburn Lane and Worthington Drive West- Farewell Creek valley land South- Existing residential fronting on Auburn Lane North- Farewell Creek valley land 5 OFFICIAL PLAN POLICIES 5.1 Within the Durham Region Official Plan the subject lands are designated Living Area and Major Open Space with indications of Enviromnentally Sensitive Areas. The exact Major Open Space and boundaries of the Living Area lands are to be determined at the time of rezoning in conjunction with a development application. The predominant use ofland within the Living Area designation shall be for housing purposes. Development within or adjacent to enviromnentally sensitive areas requires an enviromnental impact study to be 602 . ~ REPORT PD-86-00 PAGE 3 undertaken in consultation with the respective area municipality and at the expense of the applicant. 5.2 Within the Clarington Official Plan the subject lands are located within the Penfound Neighbourhood of the Courtice Urban Area and are designated Urban Residential and Environmental Protection Area. The predominant use of land within the Urban Residential designation shall be for housing purposes. The Environmental Protection Areas identify the Municipality's natural environment. The ecological function of these areas is to be preserved and protected. The precise limits of the Environmental Protection Area will be detailed through the review of development applications. Along a stream valley, it includes a development setback based on a stable slope and the sensitivity of the stream valley. Map C - Natural Features and Land Characteristics identified the parcel as being adjacent to a cold-water stream and hazard land characteristic. 5.3 The policies of Section 4 ofthe Official Plan require an Environmental Impact Study be undertaken where development is within or adjacent to any of the above features. The applicant is aware of this requirement and is prepared to follow such process. 6 ZONING BY-LAW PROVISIONS 6.1 The subject lands are zoned Environmental Protection (EP). The zone would not permit the development of 10 single detached dwelling units. 7 PUBLIC MEETING AND SUBMISSION 7.1 The Public Notice signs were installed on the subject lands and the appropriate notice was mailed to each landowner within the prescribed distance. 7.2 Staff have received several inquiries with respect to the subject application from neighbouring landowners. Although no objections to the proposal were received, concern was expressed with respect to impact from the development on the environment. In addition, a couple of callers noted the valley has a well used trail system and that any approval should include a fenced access be provided from Auburn Lane to the valley. 603 REPORT PD-087-00 PAGE 4 3.6 A Public Meeting was held on November I, 1999 to solicit comments from neighbouring property owners: . The Newcastle B.LA. submitted a letter of concern about the proposal. They support the requirement of a retail market impact study and request that future development be phased in accordance with population growth in Newcastle Village. . A letter of objection has been received from the owner of a plaza across the street at 282 King Street East stating that sufficient commercial development already exists in Newcastle Village to serve area residents. Approval of this proposal would also create hardship on existing tenants within the plaza. . Additional traffic from the development will compromise the ability of residents fronting on King Street to access their driveways. . There will be increased noise from traffic and rooftop equipment. . Garbage, both in terms of loose material and odours from food waste, will cause problems. . Lighting from the development will interfere with adjacent homes. . Gasoline spills or leaks could cause contamination and safety concerns. . Gas stations are located too close to each other. . The proposed development will decrease property values of adjacent homes. . Insurance rates for homeowners will increase due to the proximity of a gas station. . The remaining properties on the south side of King Street between the Newcastle Village Fire Station and the development proposal should be rezoned for commercial uses. These issues will be addressed in Section 8.5 of this report. 3.7 Staff met with the Newcastle Chamber of Commerce to provide information to its members. The concept plan and building renderings were presented at the meeting. A discussion of the commercial policies in the Clarington Official Plan provided information on the approval requirements. Chamber members wanted to ensure that additional development will not compromise existing businesses. Staff indicated that a retail market study would be prepared to examine the question of impact. 4. SITE CHARACTERISTICS AND SURROUNDING USES. 4.1 Part 1 of the subject area contains a new home sales office. Parts 2 and 3 are currently vacant, generally flat and slope southwards. Some earth has been stockpiled on Part 3 from previous activity. 4.2 Surrounding Uses: East North Urban residential Urban residential and commercial '. REPORT PD-86-00 PAGE 5 10 CONCLUSION 10.1 The purpose ofthis report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to stafffor further processing and subsequent report upon completion of the Environmental Impact Study, resolution of any issues and receipt of all outstanding comments and required revisions. Reviewed by, , d I ,. - (__) V ~ ...-((~~ ome, M.C.I.P., R.P.P. of Planning and Development Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer CP*LT*DJC*sn September 8, 2000 Attachment No. 1- Key Map Attachment No. 2- Proposed lotting pattern Interested parties to be notified of Council and Committee's decision: Glen Genge D.G. Biddle & Associates Limited 96 King Street E. Oshawa, Ontario LlH IB6 Ron Weir 110 Auburn Lane Courtice, Ontario LIE 2E9 Jeff Brooks 4 Sagewood Avenue Courtice, Ontario LIE 2G1 Richard Jones 55 Hemmingway Drive Courtice, Ontario LIE 2C6 Anne Haylock 13 Stirling Avenue Courtice, Ontario LIE lX7 605 '. _ SUBJECT SITE ATTACHMENT' 1 TH Cl I 1 LOT 35 I I I FOX HUNT TRAIL LOT 34 /1 /! I' I :2:Q o 0~ --I d~ (c~ - ~, ~ ~J ~ ;:j ~ -q;: PENFOUND PARK MOTHER TERESA SEPARATE ELEMENTARY SCHOOL ~ ~ -q;: THORNBURRY CT. COURTICE KEY MAP ZBA 2000-01 9 606 N Z o (f) (f) w () z o () -. I vI- "'=> o "'''' I- 0", ...J", z<l: ....> ........ ;....J 1-5 ::l"" z ....0 '-'I- z,-, <l:z ;.~ 10...J ...J'" I ...J<l: <l:'" I~ 1li1 I I I I ""t'l "':;'JJ L T I I I I I I I I I I /~// ------:_~ ------------7 ~~r r- - - - ==---- ,,fi:' :::.;;:,;;;:'~---< '.- --~, _~;""'~Ut. ; ...-."....-c... __~ ! '--~- >:--< /, />;/ /:>><>/:>~>>"-' -<<.<~//:>:-;~_:ft~;>~;:- ///EISTlNG ZONING EP/ .. ///. //// //~ / / '/4 / W.- 5 / .w"'6" .-' .' w'7 / ,'W' 8' / w 9''-- / w-'IO'- /, ,', / ;>>, -'~7/ .,// ,~}-' ./~/._ //<'::/, j- ">,._ ~/, /./?" .- / ,'. --" . " / " - / . G .~.. ZING (H) R-l _ --1B... 19 (HPl_ r",or '011 "';> 19 nY"~) , \ \lJ._ ~- ~-~. ~ - u "~:)OO_u.. ~l 05<l~ IJlI ...,,~; 1\.-11 "".~IY ~:llI....n....., 05<1% ~ ~ tfl'L I,;!i<!J" uo ~w.... ~AH~' I\JO~ '1' to< H I (I 2 ,w"".. UI ""'..... .......' ...:>u~ "" @I/l..) _ k= - -- - : 1 I' AUB RN L I j[ ,RP 1 1.1-8 2 ~ I I . It) M .. 20] 204 EXISTING I ZONING R-I 7 8 9 5 6 205 ~; 4 E ] 206 o PROPOSED REZONING (H) R- I ATTACHMENT' 2 / ~. ! / ; !-" " ",' .' ~. ..' ", ------. ------. 1& .... ,~ EXISTING ZONING EP i,,) 10 11 12 R-I 5 6 AUBURN LANE REZONING PLAN II D. B. Biddl.. & A....Delat.... Limited ~consult;ng engineers NO REVISIONS DATE BY APPROVED REVISIONS DESIGN BY 96 KING STREET EAST. OSHAWA,ON L 1 H 186 PHONE (905)57e.-B500 FAX (905)576-97.30 DRAWING NO 1'llrl"fUt/~.~ .\\'~\N J. G',r..~''''~... ,',,-\- ..........:';} ~~ ,'~ v.'' -.. Q ~~ ~0':." A~GrsrEAEO '. {;\"":;. :: : PROFESSION;!, "'. :; ::: : PlA~NER ; : "%\ :J'a, -,;..RPI "" ;';>~'. . . "i'~ "li&. ",<,.~, ~....~.s?;,:,.':.,...-:;,;:,... ......i,:~:~?:f.::;.:.... PART LOT 34 CONCESSION 2 FORMER OARLlNGTON TOWNSHIP MUNICIPAlITY OF CLARINGTON DRAWN BY: G.V.W.O. DATE JULY 18/00 GG. 1:1000 SCALE 100003 607