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Public Meeting Report
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Report To: Planning and Development Committee
Date of Meeting: June 20, 2017
Report Number: PSD-044-17
File Numbers: ZBA 2017-0005 & SPA 2017-0009
Resolution Number: PD-128-17
By-law Number:
Report Subject: An Application by Newcastle Marina Villa Ltd. (Kaitlin Corporation)
To permit 27 townhouse condominium units in the Port of Newcastle
Recommendations:
1.That Report PSD-044-17 be received;
2.That staff consider the public comments received in the further processing of the
proposed application for rezoning ZBA 2017-0005 submitted by Newcastle Marina Villa
Ltd; and
3.That all interested parties listed in Report PSD-044-17 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-044-17 Page 2
Report Overview
The Municipality is seeking the public’s input on application to amend Zoning By-law 84-63
submitted by Newcastle Marina Villa Ltd. to permit 27 three storey townhouse condominium
units at 65 Shipway Avenue in the Port of Newcastle.
1. Application Details
1.1. Owner: Newcastle Marina Villa Ltd. (Kaitlin Corporation)
1.2. Applicant: Enzo Bertucci
1.3. Proposal: 27 three storey townhouse units in condominium tenure
1.4. Area: 1.721 hectares
1.5. Location: 65 Shipway Avenue, Port of Newcastle. See Figure 1.
1.6. Roll Number: 18-17-030-120-2250
1.7. Within Built Boundary: Yes
Figure 1: Subject site
Municipality of Clarington
Report PSD-044-17 Page 3
2. Background
2.1. On February 17 2017, the applicant submitted applications for rezoning and site plan
approval to permit 27 three storey townhouse condominium units. The applications were
deemed incomplete as various fees and supporting documentation were not provided. On
May 2nd, 2017 the final report was provided and the applications were deemed complete.
2.2 Site plan approval was previously issued in June 2007 for a four storey, 63 unit apartment
building with underground parking. The applicant did not proceed with the approved
apartment building and the lands have remained vacant.
3. Land Characteristics and Surrounding Uses
The subject lands have frontage on Shipway Avenue and on a shared access internal to
the site. The lands are relatively flat and are unmaintained.
Figure 2: Subject site – looking south from Shipway Avenue
3.1 The surrounding uses are as follows:
North - Single detached dwellings and stormwater management pond
South - Two three storey apartment buildings
East - Admiral’s Walk Clubhouse and beyond marina
West - The Port Reserve townhouse development
Municipality of Clarington
Report PSD-044-17 Page 4
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement encourages planning authorities to create healthy livable
and safe communities by accommodating an appropriate range and mix of residential,
employment, recreational and open space uses to meet long term needs. Some relevant
policies are:
• New development shall occur adjacent to built-up areas, and shall have a compact
form, a mix of uses and densities that allow for the efficient use of land,
infrastructure and public services.
• New housing is to be directed to locations where infrastructure and public services
are or will be available.
• A full range and mix of housing types and densities shall be provided to meet
projected requirements of current and future residents of the regional market area.
• Infrastructure and public services facilities shall be provided in a coordinated,
efficient and cost effective manner.
4.2 Provincial Growth Plan
The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas, such as the Port of Newcastle. Municipalities are
encouraged to create complete communities that offer a mix of land uses, employment
and housing options, high quality open space, and access to stores and services. In
particular:
• Growth is to be accommodated in transit-supportive communities to reduce
dependence on the automobile through the development of mixed use, pedestrian-
friendly environments.
• Growth shall also be directed to areas that offer municipal water and wastewater
systems.
• Municipalities should establish an urban open space system within the built up
areas.
• Municipalities must accommodate residential development within the built up area.
4.3 The development allows for the efficient use of land, infrastructure and public services
and is consistent with the Provincial Policy Statement and the Growth Plan. The
proposed development will allow for various housing types in the Port of Newcastle.
Municipal water and sanitary sewers are available to the site. Transit is available on
Lakebreeze Drive and Shipway Avenue.
Municipality of Clarington
Report PSD-044-17 Page 5
Official Plans
5.1 Durham Regional Official Plan
The Durham Region Official Plan designates the subject lands as Living Area. Lands
designated as Living Area permit the development of communities with defined
boundaries, incorporating the widest possible variety of housing types, sizes and tenure
to provide living accommodations that address various socio-economic factors. The
proposed development is permitted within the Living Area designation.
Port of Newcastle is identified as a “Waterfront Place” that shall be developed as having a
mix of uses integrated with the Greenlands system. Waterfront Places shall have a long
term density target or at least 60 units per gross hectare and a floor space index of 2.0.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands “Urban Residential”.
The Medium Density designation allows for density of 31 to 60 units per hectare while the
predominant form of housing are for medium density townhouses is to be, quadraplexes,
triplexes or low rise apartments.
5.3 Clarington Official Plan as Amended by Amendment 107
On November 1, 2016, Council adopted the Official Plan Amendment 107 to bring the
Clarington Official Plan into conformity with the Regional Official Plan and provincial
policies. The subject site is identified as a Waterfront Place and remains designated
Urban Residential. Waterfront Place shall have a minimum density of 40 units per gross
hectare and floor space index of 2.0 and building heights up to 12 floors. A variety of
building forms is permitted. OPA 107 provides site development criteria for medium and
high density development. The proposal is consistent with the criteria with one exception.
It is not consistent with the criteria that each condominium corporation block shall have
direct street frontage and direct vehicular access to a public street without reliance on
easements through another condominium corporation block.
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands “Holding-Residential Exception ((H) R4-19)”,
which permits an apartment building at a maximum density of 80 units per hectare and a
maximum height of 12 metres. A rezoning is required to permit the proposed townhouses.
7. Public Notice and Submissions for Public Meeting Report
7.1 The Public Notice of this meeting was given by mail to landowners within 120 metres of
the subject site. Public Notice sign was also installed on each property’s frontage along
Shipway Avenue and one on the internal shared access easement.
Municipality of Clarington
Report PSD-044-17 Page 6
The concerns of one resident representing the condominium board from the two buildings
to the south are summarized below.
•No construction traffic or crews should be permitted to use the current access road,
as it will be damaged and unmaintained by Kaitlin.
•The existing entrance is not sufficient for current users and the proposed
development. A new entrance on the north side of Shipway Avenue should be
required for all construction traffic, garbage and utility trucks.
•A cost sharing agreement is required with the new development in the event that no
new entrance is created for maintenance purposes.
•Kaitlin has frozen the purchase of parking spaces to the existing condos. They have
not contributed financially to the upkeep and have no intention of doing so.
•Poor site lines at the north east entrance on Shipway Avenue.
•The design of the existing development and the new townhouses will make
snowplowing very difficult.
7.2 One resident had concerns with the unsightly state of the site.
7.3 Two other inquiries were received regarding the process.
8.Agency Comments
Canada Post and Enbridge Gas has offered no objections.
9.Departmental Comments
9.1 Engineering Services
The applicant proposes a multi-unit residential development. Engineering Services have
reviewed the above-noted application and have no objection to this proposal. Engineering
Services agrees with the approach taken in regards to servicing and grading. Minor
revisions are required on the drawings for erosion control, grading and servicing. Detailed
comments will be provided on the site plan.
10. Discussion
10.1 The proposal includes three dual frontage townhouse blocks fronting onto Shipway
Avenue, and two blocks internal to the site. The townhouse units are three storey in
height, with parking in the rear. The private amenity space for each unit would be located
above the garage.
Municipality of Clarington
Report PSD-044-17 Page 7
10.2 The applicant had approvals for an apartment building containing 63 units, however did
not proceed with the construction of the building. The access for the apartment building
was also from a shared access route which also services the two buildings to the south.
The access route was established by a consent application by Kaitlin and approved
several years ago. The burden of maintaining the access route has fallen on the
condominium corporation to the south. The condo board is requesting that another
access be provided to the service the proposed townhouse development, failing that, that
a cost sharing arrangement required between the existing condo board, and the new
condo board for maintenance and upkeep of the shared access.
11.Conclusion
This report provides background information on the proposal for 27 unit townhouse
project submitted by Newcastle Marina Villa Ltd. for the Public Meeting. Staff will consider
the public comments received and further process the application. A subsequent
recommendation report will be prepared upon receipt of outstanding comments from
departments and agencies and resolution of the identified issues.
Submitted by: per Reviewed by:
David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO,
Director of Planning Services Interim CAO
Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or
cstrike@clarington.net
The following is a list of the interested parties to be notified of Council’s decision:
Sharon Osborne
John Pierrepont
Peter J.W. Beecroft
Yvonne and Sam Fairley
Christina Plourde
CS/CP/tg
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