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Home My WebLink AboutPD-129-99 . . . A /.... -J. DN: PD129-99 "..v Meeting: ... Date: Report #: Subject: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT General Purpose and Administration Committee File # '[)I;)- Jfrr-WOfo I Res. #t:fJfJ-S!)t'-17 Monday, November 15, 1999 PD-129-99 FILE #: 18T-88061 By-law # PROPOSED AMENDMENT TO DRAFT PLAN APPROVAL APPLICANT: CLARNEW DEVELOPMENTS INC. PART LOTS 26 AND 27, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE FILE NO.: 18T-88061 Recommendations: It is respectfully recommended tbat tbe General Purpose and Administration Committee recommend to Council tbe following: 2. 3. 4. 1. THAT Report PD-129-99 be received; . THAT tbe Region of Durham be advised tbat tbe Municipality ofClarington recommends approval of tbe proposed amendment to tbe Draft Approved Plan of Subdivision 18T- 88061 as redline revised subject to tbe amended conditions contained in Attachment No. 2 to tbis report; THAT tbe Mayor and Clerk be autborized, by By-law, to execute tbe Subdivision Agreement between tbe Owner of tbe amended Draft Plan of Subdivision and tbe Corporation of tbe Municipality of Clarington at such time as an agreement has been finalized to tbe satisfaction oftbe Director of Public Works and tbe Director of Planning and Development. THAT all interested parties and delegations be advised of Council's decision witb respect to that submission; and 5. THAT a copy of this report and Council's decision be forwarded to tbe Durham Regional Planning Department. APPLICATION DETAILS 1. 1.1 Applicant: Clamew Developments Inc. 1.2 Agents: D.G. Biddle and Associates Ltd. 642 .../ t. C 4 REPORT NO.: PD-129-99 1.3 Amendment to Draft Approval: PAGE 2 Original Draft Plan Approval: Amendment No.1 to Draft Approval: Amendment No.2 to Draft Approval: Registered Phase 1: Originally draft approved in August of 1992 with 349 single detached dwellings and 21 reserve blocks. An Amendment to Draft Plan Approval was granted in December of 1996 to permit 200 single detached dwellings, 170 semi- detached dwellings, 80 street townhouSes and 62 block townhouses for a total of 512 units. A second amendment to Draft Approval was approved in January of 1999 that realigned the extension of Edward Street and approved 187 single detached dwellings, 174 semi- detached dwellings, 68 street townhouses and 70 block townhouses. This resulted in a reduction in the number of overall units from 512 to 499. Phase 1 of the draft plan of subdivision has been registered as 40M-1976. This Registered Plan of Subdivision consists of 37 single detached dwellings and 66 semi- detached dwellings for a total of 103 dwelling units. Proposed Amendment No.3 to Draft Approval: The applicant IS proposing a third amendment to Draft Approval. This amendment would not apply to Phase I but ouly to subsequent registrations. The amendment proposes 175 single detached dwellings and 154 semi-detached dwellings for a total of 329 units for Phase 2. The current draft approval would allow for the development of 150 single detached units, 130 semi-detached units and 116 townhouse units for a total of 396 units. 1.5 Area: 32.52 hectares 643 L , ..../ REPORT NO.: PD-129-99 PAGE 3 2. BACKGROUND 2.1 Plan of Subdivision 18T -88061 received Draft Approval from the Regional Municipality of Durham on August 10, 1992 for 349 single detached dwellings and 21 reserve lots. The applicant's agent subsequently indicated to municipal staff in 1994 that the market conditions had changed and that the applicant was considering an Amendment to Draft Plan Approval. 2.2 In December of 1996, the Regional Municipality of Durham approved an Amendment to Draft Plan Approval, that increased the number of units from 349 to 512 and introduced semi-detached dwellings, street townhouses and Block townhouses to the development for the first time. 2.3 In September of 1998, Clamew Developments obtained ownership of the subject lands and approached staff regarding a further Amendment to Draft Plan Approval. The primary motivation of the applicant was a desire to realigu the extension of Edward Street from a curvilinear road to a grid road system terminating in a tee intersection with the southerly extension of Arthur Street. The applicant's position was that the realigued Edward Street extension is more conducive with a residential neighbourhood since it would serve to reduce vehicular speed and thereby increase safety for pedestrians and cyclists. Amendment No.2 to Draft Plan Approval was approved in January of 1999 and the applicant has registered Phase 1 as Registered Plan 40M-1976. 2.4 In September of 1999, Clarnew Developments applied for the third amendment to Draft Plan Approval. 3. OFFICIAL PLAN CONFORMITY 3.1 Within the 1991 Durham Regional Official Plan, the subject lands are designated as a Living Area while the Clarington Official Plan designates the property as Urban Residential with two associated Medium Density (M) symbols. Urban residential uses are intended to be the predominant use oflands so designated. 644 ,- ~ ~ REPORT NO.: PD-129-99 PAGE 4 4. WNING BY-LAW COMPLIANCE 4.1 Within Comprehensive Zoning By-law 84-63, the subject lands contain the following zone categories: . Holding-Urban Residential Type One - Special Exception ((H)RI-41) . Holding-Urban Residential Type Two - Special Exception ((H)R2-15) . Holding-Urban Residential Type Three - Special Exception ((H)R3-18) These zone categories allow for the development of the subject lands as contemplated by the applicant. Therefore, an amendment to the Zoning By-law is not required. 5. AGENCY COMMENTS 5.1 The proposed Amendment to Draft Plan Approval was circulated for comments by the Regional Municipality of Durham. 5.2 The Municipality of Clarington Fire Department has no objection to the proposal, noting that they did not find any fire safety concerns. 5.3 The Public Works Department has advised that Park Block 256 will need to be dedicated to the Municipality free and clear of any encumbrances and at no cost to the Municipality. In addition, the Public Works Department notes prior to any engineering approval for Phase 2, the applicant must provide a servicing scheme for Blocks 253-255. Finally, the Public Works Department notes that the siting and entrance location of any dwelling located on Lots 235 and 236 will be subject to the approval of the Director of Public Works. 7. STAFF COMMENTS 7.1 The proposed plan of subdivision has had numerous revisions since it was originally submitted in 1988. The current proposal removes street and block townhouses from the development but still provides for single detached dwellings and semi-detached/link dwellings on varying amounts of street frontage. In addition, the plan has improved upon 645 . , J'~ REPORT NO.: PD-129-99 PAGE 5 the grid pattern of roads by adjusting the curvilinear collector road (Edward Street East) and introducing Ravey Street which resulted in the removal of a cul-de-sac. The following chart depicts the various amendments to the draft plan of subdivision which have been approved in the past: Singles Semis Townhouses Total Original Draft Plan Approval 370* 0 0 370 I" Amendment to Draft Plan 200 170 142 512 Approval 2nn Amendment to Draft Plan 187 174 138 499 Approval Proposed 3'" Amendment to 212** 220*** 0 432**** Draft Plan Approval . Includes 21 Part Lots .. Includes 37 singles in Registered Plan 40M-1976 ... Includes 66 semis in Registered Plan 40M-1976 *... Includes 103 units in Registered Plan 40M-1976 7.2 The proposed amendment would removed the 138 Block townhouses from the Draft Plan of Subdivision. These townhouses were draft approved with the first amendment to draft approval and slightly. reduced in the second amendment. The applicant has advised that the marketing of the site has indicated that single detached and semi-detached lots are by far the lot of choice for purchasers. The Clarington Official Plan establishes a target of 100 Medium density units for the Graham Neighbourhood. The removal of these townhouse units would make it difficult to attain the targets established in Table 9-2 of the Official Plan. However, the principals of Clarnew, through another company, recently obtained ownership of the former Newcastle lumber site in the vicinity of the intersection of King Street and Brookhouse Drive. 1319164 Ontario Ltd. has submitted the applications to amend the zoning by-law and to obtain site plan approval on these lands. 646 '- .,;.'7 REPORT NO.: PD-129-99 PAGE 6 These applications include a proposed nursing home/retirement home with 88 rooms and a total of 175 beds in a two-storey building. Although these applications have not been finalized, this project would substitute for Medium Density residential development in terms of scale, massing and general type of use. Block 254 on this Plan of Subdivision would be included within the lands to be developed with the nursing home component. Block 255 is to be melded with the lands to the north, which is proposed for a gas bar/convenience store (see Attachment #4). 7.3 The current proposal includes a.41 hectare parkette, located to the east of the intersection of Edward Street and Brookhouse Drive. The original submission from Clarnew included a smaller parkette, .26 hectares in size on the west side of Brookhouse Drive adjacent to Bloom Avenue. The parkette was relocated to this area in part to allow for the removal of an undesirable cul-de-sac from the original submission. The parkette has irregular dimensions and a frontage of 39.89 metres which represents ouly 14.35% of the park perimeter. The Clarington Official Plan requires that the street frontage of the parkette not be less than 25% of the park perimeter. Therefore, draft plan of subdivision has been redline revised to remove Lot 236. This increases the parkette's frontage from 39.89 metres to 58.47 metres and the frontage as a ratio of the perimeter from 14.35% to 20.05%. While it does not meet the target required by the Official Plan, unlike the Zoning By-law, there is some flexibility with the interpretation of numeric targets. The applicant has agreed to the deletion of Lot 236. 7.4 The current proposed draft plan of subdivision also indicates that the Graham Creek valleylands are owned by the applicant. Since the original submission of 18T-88061 in 1988, these lands have been excluded from the limits of the draft plan of subdivision. There is a related Official Plan Amendment application (COPA 97-014/C) for a 9 hole golf course within the valleylands. It necessitated the preparation of an Environmental Impact Study. This related application remains open but inactive. 647 , .....,... /' REPORT NO.: PD-129-99 PAGE 7 8. CONCLUSION 8.1 The Planning and Development Department recommends that Council support the requested amendment and that the Region of Durham be requested to approve a further amendment to draft plan approval, subject to the conditions contained in Attachment No. I to this report, 8.2 In order to facilitate the Amendment to Draft Approval, amended conditions of Draft Plan Approval have been prepared. It is also recommended that these amended conditions be forwarded to the Regional Planning Department. These amended conditions replace certain conditions forwarded in September of 1996 and December 1998. <<~ N Franklin Wu, M.C.I.P., R.P.P. / U Chief Administrative Officer. d . Crome, M.C.I.P., R.P.P. Director of Planning & Development WM*LT*DC*df 4 November 1999 Attachment #1 - Key Map Attachment #2 - Conditions of Amendment to Draft Approval Attachment #3 - Proposed Plan of Subdivision as amended Attachment # 4 - Lot 236 and Blocks 254-255 Interested parties to be notified of Conunittee and Council's decision: D.G. Biddle and Associates Ltd. 96 King Street East OSHAWA, Ontario LlH IB6 Clarnew Developments Inc. 1050 Finch Avenue West Suite 201 DOWNSVIEW, Ontario M3J 2E2 648 ATTACHMENT .1 --I I, ~mLLI d I i! I R , I I -- --~ - 'R, - 1- .L! Cu.,' II D'"'t - EI'J~ oK r-- - ~ ::l IT [)S~ I "- r T NG I ISTRE tfn D'nIIPlrll II I rl!~~'11 \ T 'I KI TITn , I , r I I~ II 1 JJ I i L /. V. ~ , ~ !i /. 'l. I ~ ;: ...., 10 'AI (I) a: '/ a: w, I'W ~~~ > (~7 ~ --' a: I- .1 I I'::J a: <t: ~ I. u 9..i0J: ~ .. .. .. ... u., .. .. .. .. .. I 'iI<' I-! ~'::::::.:': D .' u, ..................................... ............. c- I ifl~.Igtq.....\h........i:.I.::....I ........................ n. .. .......... .... D:: !,U -e n ... ..... .. a ............... l- I -. c----..-' ....tR'YlJf ..... / -......-....-.. J ::::::::.:i.:::::.:.:.:.:.:.:. :.:::.:::.....::....:.:.:.:............... \ I- mV CRAH!'M= ""=cY l- f- - - ~ L HIGHW^,:/40 1 I ;( ,( ("'--'I II , j( ~~-_....---~ . , , /l..-..~+r~~~. ~ uY / ~ PROPOSED PHASE 2 OF 18T-88061 1::';':':':':':'::':':'::'::':':':1 40M 1976 (Phase 1) ,/::::::::::':X:::::::::::::::::, - 649 c ATTACHMENT #2 Report PD-118-96 forwarded revised Conditions of Draft Approval for Draft Plan of Subdivision 18T-88061. Report PD-135-98 forwarded amending conditions to replace the corresponding condition forwarded by Report PD-188-96. Report PD-133-99 has forwarded a further amendment to Condition No.1 to replace the Condition No.1 forwarded by Report PD-1l8-96, as amended by Report PD-135-98. All other conditions forwarded by Report PD-1l8-96 and/or Report PD-135-98 remain in full effect. Conditions 40 to 41 do not replace previous conditions but are new conditions added as a result of the realignment of the road allowance, the revised lotting and current policies. PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-88061 prepared by D.G. Biddle and Associates dated September 1994 as revised September 1999 (and further revised in red as per the attached plan) showing 174 Lots for single detached dwellings and 154 Lots for semi-detached dwellings, Block 256 as redline revised for Park, Block 257 for walkway and various Blocks for reserve, road widening, site triangle etc. 8. That the Owner transfer to the Municipality, Block 256 as redline revised for park purposes. 40. That the Owner agrees that prior to any engineering approval. for Phase 2 of the subdivision, the Owner must provide a servicing scheme for Blocks 253 - 255, all inclusive. Any servicing scheme must be compatible with the approved engineering for Phase 1 and will be subject to the approval of the Director of Public Works. 41. That the Owner agrees that the siting and entrance location of any dwelling located on Lots 235 will be subject to the approval of the Director of Public Works. 650 '- - 2 - 42. That the Owner agree to establish a geodetic benchmark in the vicinity of Brookhouse Drive and Edward Street that will serve as vertical control for the proposed development. The Owner will be responsible for the cost of establishing the benchmark. 43. That the Owner agrees to be responsible to provide suitable fencing along the rear of any residential lot situated adjacent to Block 256, as redline revised. The type of fencing shall be determined at the engineering stage at the sole discretion of the Director of Public Works. The Owner further agrees to provide suitable fencing along the rear lot lines of Lots 134 to 205, all inclusive. The type of fencing shall be indicated on the landscaping plan included in the Municipality's standard Subdivision Agreement and shall be at the sole discretion of the Director of Planning and Development 651 ATTACHMENT '3 I ' i: f ............/-0.. I I JLlt - - I Il~i) i)\~~-(~~rno 'plo!90 ~TD~J~ \- ljl ,n . i -II I _~. ~I ~~r I. lillrr16=lf I 1';":::1:,-;:=..1 IN. - -;-J' .. ';;' ~,~~]D ; 'f.: I ~I r''''''~ ",-. \ ,,'1tl .: .... '~H'~' ,'t - _~_I-rg. ..tJ Il I l",' _! f(' ._ ~ '-.... ,.. . . . . "~lllli , tJ,,- (rc ~1!.'.Jll ';1'\ ~ ].. .." .1, '. ~!~}'Ef;i~..;.~"~ t ..., ~ .' ",- :~~. :~riW (tj"':4 -~ :(1." -; "i;"';~i"HIIII' ,~< .,: ~'tJ~I~~" ~. . ,;jJ1R-o.~; , ,~~' ;~ !'I"'I' ~ - .. A~ -. - ". '-::' ..80 m- , ~ .~ ' -.:,:: . t>~ >.!:'-... "";:. '-f'P,J. '. 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I J / '._05122 ~ ~I ~~' \ ~ A ~ :,~" ~/~ '\~ ~ /, -"\ 123 ~ ~5& '-!--' -_----~y../'\ ~ ' \ 22'5 ':~ .~ :' ;ii':~ ~:'; . .,':: :." ;:~.;;;:: C~ ',He \:OfJ~~, "" ""f, ,,~ ,,"~ ,\. 1: . ' . '. , ,:. ,~!~",;~1~'-~ ;:~~~, ~: . "'. ~",'. ~::~~: l ,/ ~'" ';,.... I J.i PARK , '. /" \ /",-'- ~>, 'JI:::\ 8L~256 ~ \N -_ I _+_'~_ /__~_----';_,!\ ""_ ~O'I--" "~" -l2&-"'.: .-: "" ,t" ,LI F/s """,\ ! 'l:-"I-y., ;:;'''1 r\ ~~ ',,> ", ~~',~, I, _. / - N, ~ " I ,,\ -~27'_; '..1 ..~'; o"~, \, ~(p I~:~'I 'I ~ 2~,S /;'._, ~o- ~ ~, \ N r I ."", , x' 'c> ,:::~\ '~~;' / I :~V!I,"',- (\:'>X.\ ',\,34 N' 1\ \/-~_' ~'t:. ~ :;::::.---'"'/ 1 {~Nf \, ~ \{\('\1 ';,..1", ~i ,~L.~. "--~..,OjJ -"::.--;:~~- \ . '~~, , , , , ,I '.."'t~T~ W/J'jj Lot 236 to be Removed to Increase Frontage for Park Block 256 liLiLillliil Block 255 to be Included with Gas Bar / Convenience Store Proposal Block 254 to be Included with Nursing Home Proposal 653