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HomeMy WebLinkAboutPD-135-981 t. ~'~ DN: PD-135-98 REPORT PUBLIC MEETING Meeting: Date: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee December 7, 1998 Report #: PD-135-98 FILE #: DEV 98-062 (X-REF: 18T-88061 File #p~4. D~~. 9~ ~~ Res. # C t' Fl - ~=l I `~%~ By-law #~ . Subject: AMENDMENT TO DRAFT PLAN APPROVAL & REZONING APPLICATION APPLICANT: CLARNEW DEVELOPMENTS INC. PART LOTS 26 & 27, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE FILE NO.: DEV 98-062 (X-REF: 18T-88061) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-135-98 be received; 2. THAT the Region of Durham be advised that the Municipality of Clarington recommends approval of the proposed amendment to the Draft Approved Plan of Subdivision 18T-88061 subject to the amended conditions contained in Attachment No. 1 to this report; 3. THAT the Mayor and Clerk be authorized, by By-law, to execute the Subdivision Agreement between the Owner of the amended Draft Plan of Subdivision and the Corporation of the Municipality of Clarington at such time as an agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development. 4. THAT the attached amendment to By-law 84-63 be APPROVED and that the Holding (H) symbols be removed by By-law upon the execution of a Subdivision Agreement; 5. THAT all interested parties and delegations be advised of Council's decision; and 6. THAT a copy of this report and Council's decision be forwarded to the Durham Regional Planning Department. 1. APPLICATION DETAILS 1.1 Applicant: Clarnew Developments Inc. bv~5 .~ REPORT NO.: PD-135-98 PAGE2 1.2 1.3 Agents: D.G. Biddle and Associates Ltd. Amendment to Draft Approval Original Draft Plan Approval: Originally draft approved in August of 1992 with 349 single detached dwellings and 21 reserve blocks. Existing Draft Approval: An amendment to Draft Plan Approval was granted in December 1996 to permit 200 single detached dwellings, 170 semi-detached dwellings, 80 street townhouses and 62 block townhouses for a total of 512 units. Proposed Draft Approval: The applicant is proposing a second amendment to Draft Plan Approval that would realign the extension of Edward Street (see Attachment No. 2). The amendment also proposes 192 single detached dwellings, 170 semi-detached dwellings, 68 street townhouses and 70 block townhouses. This would result in a reduction in the number of overall units from 512 to 500. 1.4 Rezoning: The applicant is proposing to amend the existing zoning on a small portion of the total holdings as follows: • From Holding-Urban Residential Type Three Special Exception ((H)R3-18) to Holding- Urban Residential Type Two Special Exception ((H) R2-15). b '' i ~ REPORT NO.: PD-135-98 PAGE3 • From Holding-Urban Residential Type Two Special Exception ((H) R2-15) to Holding- Urban Residential Type Three Special Exception ((H) R3-18). • From Holding-Urban Residential Type Two Special Exception ((H) R2-15) to Holding- Urban Residential Type One Special Exception ((H) R1-43). 1.5 Area: 32.52 hectares 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, Clarnew 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 realign 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 (see Attachment No. 2). bit t } REPORT NO.: PD-135-98 PAGE4 The applicant's position is that the realigned 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. 3. PUBLIC NOTICE AND SUBMISSIONS 3.1 Public Notice of this meeting was mailed to all property owners in accordance with the applicable provisions of the Planning Act. 3.2 As a result of the public notification process, staff have not received any submissions and/or inquiries from area residents. 4. OFFICIAL PLAN CONFORMITY 4.1 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. Urban residential uses are intended to be the predominant use of lands so designated. The application conforms with the provisions of the Durham Regional and Clarington Official Plans. 5. ZONING BY-LAW COMPLIANCE 5.1 The area subject to the zoning amendment application is detailed in Attachment No. 2. The area is a relatively small portion of the entire plan of subdivision and the zoning amendment is necessitated solely by the applicant's desire to realign the extension of Edward Street. The current zoning on the affected portion of the subject lands are as follows: • Holding-Urban Residential Type One -Special Exception ((H) R1-43) • Holding-Urban Residential Type Two -Special Exception ((H) R2-15) • Holding-Urban Residential Type Three -Special Exception (H) R3-18) bil i REPORT NO.: PD-135-98 PAGE 5 5.2 The reduced exterior side yard requirement of 4.5 metres would be maintained for all of the exterior lots. 6. AGENCY COMMENTS 6.1 The proposed Amendment to Draft Plan Approval was circulated for comments by the Regional Municipality of Durham. Concurrently, the proposed zoning amendment application has been circulated in order to obtain comments from other departments and agencies. However, given the relatively minor nature of the Amendment to Draft Plan Approval, both the Regional Planning Department and the Clarington Planning Department undertook limited circulations of the proposal. 6.2 The Municipality of Clarington Fire Department has no objection to the proposal, noting that response time would be in the range of 4-6 minutes. 6.3 The Public Works Department has advised that Park Block 304 will need to be red- line revised in order to provide for frontage on both Street "C" and the north-south portion of the collector road. In addition, 0.3 metre reserves will be required along the collector road frontage of Blocks 298, 299 and 300. Finally, prior to the registration of any Phase subsequent to Phase 1, the Public Works Department will require the submission of drawings, for review and approval, detailing the manner in which Blocks 298, 299 and 300 will develop. 6.4 The balance of circulated agencies to provide comments were the Regional Planning Department and Regional Works Department, neither of whom provided objectionable comments with respell to the proposal. - bl~ REPORT NO.: PD-135-98 PAGE 6 7. STAFF COMMENTS 7.1 Staff have reviewed the proposal in relation to the Clarington Official Plan, Comprehensive Zoning By-law 84-63 and the surrounding land uses. 7.2 The proposal envisions a variety of housing types and forms including single detached dwellings, semi-detached/link dwellings and street and block townhouses. In addition, the plan has attempted to improve upon the grid pattern of roads by adjusting the curvilinear collector road (Edward Street East). 7.3 Staff advise that the proposal is relatively minor in nature since the amendment is necessitated not by a desire for increased density, but a desire to provide for a realigned road pattern. In fact, the realigned road pattern results in a reduction in the number of units from 512 to 500. 7.4 It is noted that the applicant's consultant has included the names of Edward Street and Arthur Street on the draft plan. In that regard, staff advise that the correct reference for the east-west portion of the collector is Edward Street East. With respect to the north-south portion of the collector, staff advise that existing street numbering north of Highway No. 2 precludes the use of the name Arthur Street south of Highway No. 2. An alternative name will need to be provided. 7.5 In addition, it is noted that the applicant has indicated that they have obtained ownership of the former Newcastle Lumber site and intend to establish a Sales Centre on these lands. The existing zoning on these lands is in part General Commercial (C1) and in part Special Purpose Commercial -Special Exception (C4- 2). The C1 zone category can accommodate the establishment of a Sales Centre while the C4-2 zone category recognizes the building supply outlet as the only permitted use. Staff will be reviewing the appropriateness of these zone categories through the on-going zoning by-law review process. - ~i3 REPORT NO.: PD-135-98 PAGE 7 7.6 The attached By-law would provide the appropriate zone categories in order to facilitate the development of the draft plan of subdivision as amended. The amended zone categories retain the reduced exterior side yard requirement of 4.5 metres, which was previously provided for the applicant through an earlier zoning amendment process. 8. CONCLUSION 8.1 In consideration of the comments contained within this report the Planning and Development Department would have not objection to a recommendation to the Region of Durham for approval of the proposed amendment to Draft Plan Approval, subject to the conditions contained in Attachment No. 1 to this report. 8.2 Furthermore, staff would have no objection to the approval of the attached Zoning By-law Amendment to implement the amendment to Draft Plan Approval. The amending Zoning By-law would provide for the appropriate zone categories to implement the subdivision as amended. Staff note that the Holding (H) symbols will require Council approval at such time as the Subdivision Agreement is registered. A rezoning application to remove the holding symbol will be required at a later date. 8.3 In order to facilitate the Draft Plan Approval of the proposed plan of subdivision, staff have prepared amended conditions of Draft Plan Approval to be forwarded to the Regional Planning Department. These amended conditions replace certain conditions forwarded in September of 1996. However, it is important to note that unless amended by these conditions, the conditions of September 1996 remain in the effect. ~I~~ REPORT NO.: PD-135-98 PAGE 8 8.4 In order to expedite the approval process and in view of the fact that this is a simple, straight forward application, staff is recommending approval be given immediately after the public meeting process. Respectfully submitted, C~ r ~--e.~~-k. Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development WM*LT*FW*df 23 November 1998 Reviewed by, Chief Administrative Officer Attachment No. 1 - Conditions of Amendment to Draft Approval Attachment No. 2 - Key Map Attachment No. 3 - Red-line Revised Plan Interested parties to be notified of Committee and Council's decision: D.G. Biddle and Associates Ltd. 96 King Street East OSHAWA, Ontario L1H 1B6 Clarnew Developments Inc. 1050 Finch Avenue West Suite 201 DOWNSVIEW, Ontario M3J 2E2 - bl~ ATTACHMENT NO. 1 CONDITIONS OF FINAL PLAN REGISTRATION Report PD-118-96 forwarded revised Conditions of Draft Approval for Draft Plan of Subdivision 18T-88061. Report PD-135-98 has forwarded the following further revised conditions to replace the corresponding condition forwarded by Report PD-118-96. All other conditions forwarded by Report PD-118-96 remain in full effect. Conditions 36 to 39 do not replace previous conditions but are new conditions added as a result of the realignment of the road allowance and the revised lotting. 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 1998 (and further revised in red as per the attached plan) showing 189 lots for single detached dwellings, 86 lots for semi-detached dwellings, 19 Blocks for street townhouses, 2 Blocks for block townhouses, Blocks 303 and 304 for Park, Block 305 for walkway, Block 309 for stormwater management and various Blocks for reserve, road widening, site triangle etc. 8. That the Owner transfer to the Municipality, Blocks 303 and 304 for park purposes. 9. That the Owner transfer to the Municipality, Blocks 305 and 307 to the Municipality for wal kways/access. 22. That the Owner provide 0.3 metre reserves at the following locations: • across the entire Collector Road frontage of Blocks 298, 299 and 300; and, • across the entire Collector Road frontage of Lots 3, 26, 27, 31, 114, 124, 125, 133, 155, 159, 254 and 255. 27. That pedestrian walkway Block 305 must align with the walkway in the existing road allowance to the satisfaction of the Director of Public Works. 28. That the Owner submit a stormwater Management Report satisfactory to the Director of Public Works and the Ganaraska Region Conservation Authority. This Report must address the size and configuration of the stormwater management works to ensure that the designated blocks have been adequately sized. The report must clearly indicate all setback distances, depths, storage volumes, and slope grades and must incorporate a minimum 5.0 metre buffer strip, that contains no sloping, as shown on the draft plan. Written approval from the Ganaraska Region Conservation Authority for the location of any facilities within the regional flood plain. Ui~3 Conditions of Final Approval Page 2 31. That the Owner provide an Erosion Control report which assess the need for erosion control within the adjacent valleylands. The final report must be approved by the Ganaraska Region Conservation Authority and any requirements, financial or otherwise, are the sole responsibility of the Owner. This may include any additional works deemed necessary by the Director of Public Works to safeguard the lots abutting the floodline. 34. That Block 310 be conveyed to the northerly abutting property Owner. 36. That the Owner agrees to reconfigure Block 304 to provide 36 metres of frontage along both Street "C" and the unnamed road allowance between Lots 26 and 27. This will necessitate the removal of Lots 11 to 13 inclusive and the creation of a new 18.0 metre semi-detached lot to the south of Lot 52. 37. That Lots 1 and 52 to 55 all inclusive be re-lotted in order to provide a minimum of 18.0 metres of frontage for the new semi-detached lot created by Condition 36. 38. That Block 306 be deleted with the 3.0 metre frontage being divided equally between Lots 9 and 10. 39. That prior to the approval of a phase, subsequent to Phase 1 as detailed in the Development Phasing Plan prepared by D.G. Biddle and Associates (Drawing No. PH-1) dated September 1998, the Owner shall obtain the approval of the Director of Public Works for a development and servicing plan for Blocks 298 and 299. ~` ll i ATTACHMENT NO. 2 - SUBJECT SITE LOT 27 LOT 26 N ~~2~ I ~L ~ W' J t~1 I I I I I I I' 1 1 1 1 1 1 I . ,_ _ Z NG S RE ' S, ~ ~ ~, -1 r U -~ - -- --~ - ~ _ 4 , (n __ - ~- _ ~ ~~~, ~ -- ~ ~, ~ ~ - ~ Z ~:~ - ~ ~~ ~ ,;, ~ ~,.~ - -~ ~J W ,~ ~~ ,,, ' Z i;' - '~ O - ~ ~ ~ ~`~ U ~ /_ _~_ -_ J ~ / /( ~~ -- ~ HIGHWAY/401 S H NEWCASTLE VILLAGE DEV. 98-062 KEY MAP v.0 ATTACHMENT NO. 3 G.; THE CORPORATION OF THE MUNICIPALITY OF Clarington BY-LAW NUMBER 98- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule °S" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: "Holding -Urban Residential Type Two -Special Exception ((H) R2-15) to Holding -Urban Residential Type One -Special Exception ((H) Ri-43)"; "Holding -Urban Residential Type Two -Special Exception ((H) R2-15) to Holding -Urban Residential Type Three -Special Exception ((H) R3-18)"; "Holding -Urban Residential Type Three -Special Exception ((H) R3-18)" to "Holding -Urban Residential Type Two -Special Exception ((H) R2-15)". 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. x BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK (FLU This is Schedule "A" to By-law 98- , passed this day of , 7998 A.D. e STREET "I" 1o I leg 11 ~ h N N N ~ N N N N 1~ 72 13 261 187 186 262 185 263 184 BLOCK 299 264 163 162 ~ 265 161 266 Z EDWARD STREET EAST 160 267 179 O v1Oi vii v°~i ~ ~ 2j `ga'y 268 176 ~ ° W ' v'~ ,77 160 ''~ <' ~6~ ~~ ~p ~ ~~ ~ /'s s EC Z n LL 02 5~~~ ~ a ~ ~ N T 27 ~6. ~, °° ° ~ LOT 26 h 6 ° ,~ ~~ _, ~ ZONING CHANGE FROM " H R3-18" TO " H R2-15" ZONING CHANGE FROM " H R2-15" TO " H R3-18" ®ZONING CHANGE FROM " H R2-15" TO " H R1-43" Mayor Clerk - SUBJECT SITE LOT 27 LOT 26 a _ ~ ~ _ Z O U NG 5 RE ~9 ~ ~ 1 1 _J L LL~ ~ ~~ ~ r~~ ~ ~. ~ ` ~ `~ ~FF ~ Z m j _ - 1 ~~ ~~ ~ ~ J ~ ~ ~,1~~ ~~~ ~ ~ w LllJ1 v ~ lliL, \ ' ~~ : m -;J __ll~ ~ ~ ~ - ~ NEWCASTLE -- '~ VILLAGE HIGHWAY 401 UL i