HomeMy WebLinkAboutPD-1-94✓e
THE
DN: DE1
Meeting: General Pi
Date: Monday, Ji
Report #: PD -1 -94
OF THE MUNICIPALITY OF CLARINGTON
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L019. GPA
REPORT
se and Administration Committee File # DL I- b4EL G(11• 00
G
ry 3, 1994 Res. # CrN--Q- l4
#:DEV 91 -019 (X -REF: 18T- 88046) By-Law# 9Z/_/
Subject: REZONING APPLICATION - KAITLIN GROUP LTD.
PART LOT IM, CONCESSION 1, FORMER TOWNSHIP OF
FILE: DEO 91 -019 (X -REF: 18T- 88046)
Recommendations:
It is re pectfully recommended that the General Purpose and
Administ ation Committee recommend to Council the following:
1.
THAT Repert
PD -1 -94 be received;
2.
THAT the
rezoning application, to amend the Comprehensive
Zoning B
law 84 -63, as amended, for the former Town of
Newcastle,
submitted by the Kaitlin Group Ltd. to permit 1200
m2 of retail
floor space and 650 m2 of floor area for a day
care use
be Approved.
3.
THAT the
amending by -law attached hereto be forwarded to
Council for
approval;
4.
THAT the
11H11 - Holding symbol in the amending by -law not be
removed until
such time the applicant has entered into a Site
Plan Agreement
with the Municipality;
5.
THAT a copy
of this Report and Council's decision be forwarded
to the Region
of Durham Planning Department; and
6.
THAT the
interested parties listed in this report and any
delegaticn
be advised of Council's decision.
1.
APPLICATION
DETAILS
1.1
Applicant:
Kaitlin Group Ltd.
1.2
Rezoning
From "Agricultural (A) ", "Holding - Urban
Residential Type Two ((H)R2)" and "Holding -
Neighbourhood Commercial ((H)C2)11 to an
appropriate zone to permit the proposed
development.
1.3
Site Plan:
to permit the development of 1200 m2 of retail
commercial floor space and 650 m2 of floor
space for a day care use.
501 ....2
4 ° ®..,.
P
1.4 Land Area: 8680 m2 (2.14 acres)
2. LOCATION
2.1 The subject property is located in Part Lot 15, Concession 1,
former Township of Darlington. The property incorporates
Block 108 of Registered Plan of Subdivision 40M -1686 as well
as additional lands to the north and is shown on Draft
Approved Plan of Subdivision 1ST -88046 as a block for
developm nt of a 'Local Central Area'. The subject lands are
generall located south of the Aspen Springs Drive, west of
Regional Road 57, north of Hartwell Avenue and east
Bonnycas le Drive (see Attachment No. 1).
3. BACKGROUND
3.1 The application for zoning by -law amendment was originally
received in April 1991 along with a related Official Plan
Amendment application. Council approved the associated
Official Plan Amendment which designated the subject lands for
a Local Central Area in January of 1993.
3.2 The zoning for the commercial component was not finalized
previously as detailed site plan drawings had not been
forwarded for circulation. In October the applicant submitted
detailed site plan drawings which have been circulated for
review. The applicant is presently working on the final
revisions to the various drawings to satisfy Staff comments.
It is an icipated that a site plan agreement will be signed
early in he new year.
4 EXISTING AND SURROUNDING USES
4.1 The lands subject to the rezoning application are currently
vacant save and except the sales pavilion associated with the
first and second phase of the development (40M -1686 and 40M-
1734).
502
...3
4.2 Surrounding land uses are as follows:
South: residential development associated with 40M -1686,
existing residential development on Penfound Drive,
Baseline Road and agricultural land.
East: Regional Road 57 and existing residential fronting
thereon.
North: residential development associated with 40M -1734,
vacant lands and the Canadian Pacific Railway.
West: residential development associated with 40M -1686
and 40M -1734 and vacant lands subject to
development applications.
5 PUBLIC M ETINQ AND RESPONSE
5.1 Pursuant to Council's resolution of July 26, 1982 and the
requirements of the Planning Act, public meetings have been
held for the rezoning application on June 17 1991 and April
21, 1992. The appropriate signage acknowledging the
application for zoning by -law amendment and revisions thereto
was installed on the subject lands and notice was mailed to
each lan owner and tenant within the 120 metre prescribed
distance.
5.2 A number of neighbouring residents made inquiries with regards
to the circulations, as well as making presentations to
Committee at the Public Meetings. The majority of the
concerns raised by the residents were as a result of the
magnitude of the commercial proposal and high density blocks
as origi ally proposed. The current application no longer
proposes a new high density component, and,the commercial
floor sp ce has been previously approved at a significantly
lower le el than originally submitted.
6 OFFICIAL PLAN POLICIES
6.1 Within the Ministry approved 1991 Durham Regional Official
Plan the subject lands are designated "Living Area ". The
4
503
policies Iof this designation suggest each community shall
develop to incorporate the widest possible variety of housing
types, sizes and tenure. Furthermore, subject to the
inclusion of appropriate provisions and designations in the
local of icial plan, Local Central Areas may be permitted to
a maximu of 10,000 m2. The commercial floor space proposed
falls we 1 within the allowable maximum in the Durham Official
Plan.
6.2 Within t2 a Official Plan of the former Town of Newcastle the
subject f}�'roperty is designated "Local Central Area (LCA)"
within n ighbourhood 113B" of the Bowmanville Major Urban Area.
Amendment No. 52 to the Official Plan, as approved by the
Ministry in July of 1993, designates a local central area
located con west side of Regional Road 57 at the intersection
of Hartwell Avenue. The local central area is permitted to
have a maximum 1200 m2 of retail and personal service floor
space, 500 m' of office floor space and 650 m2 of day care
floor space.
6.3 The subject rezoning and site plan application is seeking
approval Ifor 1200 m2 of retail and personal service floor
space and 650 m2 of day care floor space only at this time.
The remaining 500 m2 of office floor space was previously
zoned in conjunction with the approval for the plan of
subdivision on the south side of Hartwell Avenue. The
application would appear to conform.
7 AGENCY C4MXENTs
7.1 In acco+nce with departmental procedure the rezoning and
site pla application were circulated to a limited number of
agencies nd departments for comment. The Fire Department and
Ontario ydro provided no objection to the proposal.
504 ....5
7.2 Public Wi
principle
remains
satisfact
has been
servicing
will be
'staging
proposal.
7.3
irks Staff advised that they have no objection in
to the proposed rezoning and site plan. There
minor engineering details to be revised to the
ion of the Director of Public Works, the applicant
)rovided a detailed list of revisions required to the
drawings. Various aspects of the site servicing
included in the site plan agreement as well as a
plan' to control the sequential development of the
Regional Works Staff advised that they have agreed to a
I right-ir ' 'right -out' access to Regional Road No. 57 as shown
on the site plan. Full municipal services are available to
the site from Hartwell Avenue. The proponent is required to
submit d tailed site servicing drawings to the Region for
connection and entrance approval, prior to issuance of a
building permit.
7.4 The Central Lake Ontario Conservation Authority Staff advised
that the site falls within the study limits of the Westside
Creek Master Drainage Plan. The applicant should demonstrate
that the commercial development of the site will not affect
the sizing of the facilities, or increase flooding of lands
along th6 overland flow route to the satisfaction of the
Public Works Department prior to approval of the zoning. The
Public Works Department are satisfied in principle with regard
to these issues and the details of which can be addressed
through the Site Plan Agreement.
Concerns were also noted with regard to overland flow from the
site impacting the residential lots to the west. A third
issue is a requirement for details of on -site sedimentation
control. This information will be required prior to the
issuance of Authority permits and will be contained within the
requirem nts of the Site Plan Agreement.
505 ....6
8 ST"r COMMENTS
8.1 The application for rezoning currently before Committee and
Council is to implement the official plan in permitting the
development of a Local Central Area accommodating 1200 m2 of
retail arid personal service floor area and 650 ma of floor
space f or a day care use. The applicant has submitted
detailed site plan, site servicing and landscape plans for
consideration (Attachment No. 2 illustrates the site plan as
submitted) . Staff have reviewed these and in conjunction with
comments from the Public Works Department have requested a
number of practical revisions to the submission.
8.2 Staff are satisfied that the revisions required will not
impact the ability of the proposal to comply with the proposed
zoning provisions as the building locations are not required
to change. Staff are satisfied that the design of the
proposal is sympathetic to the new residential development in
its architectural style. In addition, the site is sloped such
that the building grades will be 1 metre to 2 metres below the
grade of Regional Road No. 57, further minimizing the visual
impact tD the residents of Martin Road. As well, the
applicant is required to erect a privacy fence on the
perimeter of the site, to minimize the impact to residents of
the new subdivision and significant on -site landscaping is
being proposed in accordance with the Municipality's Landscape
Design Guidelines.
9 CONCLOSIOIN
9.1 In consideration of the favourable comments received from the
departments and agencies circulated and the staff comments
contained within said report, Staff would have no objection to
the proposed zoning by -law amendment being approved, subject
to removal of the "Holding (H)" symbol not occurring until a
site plan agreement has been executed.
506 ""7
Respectfully �ubmitted, Recommended for presentation
to the Committee
Franklin Wu, .C.I.P. Ma�14 Marano, Acting
Director of Planning Chief Administrative
and Develonme t Officer
CP *FW *cc
Attachment No. 1 - Key Map
Attachment No. 2 - Proposed Site Plan
Attachment No. 3 - Proposed Zoning By -law Amendment
17 December 1993
Interested parties to be notified of Council and Committee's
decision:
Peter R. King
56 Alonna Str
BOWMANVILLE,
L1C 3P8
Martin Road H
250 Consumers
Suite 403
NORTH YORK, O
M2J 4V6
Design Plan
385 The West
Suite 303
ETOBICOKE, O
M9C 1E7
io
507
George Vice
34 Martin Road
ario
R.R. # 6
BOWMANVILLE, Ontario
L1C 3K7
ing Ltd.
ad
John Vanderkooi
46 Martin Road
rio
R.R. # 6
BOWMANVILLE, Ontario
L1C 3K7
ices Inc.
io
507
508
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KOHNNAIT
RF] A
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 94-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By-
law for the former Corporation of the Town of Newcastle.
WHEREAS the Council of the Municipality of Clarington deems it
advisable to amend By -law 84 -63, as amended, of the former Town of
Newcastle to implement the proposed site plan DEV 91 -019.
AND WHEREAS the Council of the Corporation of the Municipality of
Clarington in .approving the application deems it appropriate to
incorporate a Holding (H) symbol on said lands which would be
removed at such time that the provisions of Section 3.9 within the
Comprehensive Zoning By -law of the former Town of Newcastle have
been satisfied.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Municipality of Clarington enacts as follows:
1. Schedule 143" to By -law 84 -63 as amended, is hereby further
amended by changing the zone designation from:
"Agricultural (A) ", "Holding - Urban Residential Type Two
((H)R2)" and "Holding - Neighbourhood Commercial ((H)C2)"
to
"Holding - General Commercial ((H)C1" zone.
as shown on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of this By -law.
3. This By -law shall come into effect on the date of the passing
hereof, subject to the provisions of Section 34 of the Planning
Act.
BY -LAW read a first time this day of 1994.
BY -LAW read a second time this day of 1994.
BY -LAW read a third time and finally passed this day of
1994.
510
MAYOR
CLERK
511
This is Schedule "A" to By -law 94 -
-,
passed this of , 1994A.D.
—day
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