HomeMy WebLinkAboutPD-147-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN:DEV96056.GPA
REPORT
Meeting: General Purpose and Administration Committee File # c
Date: Monday, October 20, 1997 Res. #(` -5— z_
Report #
PD- 147 -97
File #: DEV 96 -056
Subject: REZONING APPLICATION
APPLICANT: ROGER HOWARD ON BEHALF OF RIDGE PINE PARK INC.
PART LOT 3, B.F. CONCESSION, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 96 -056
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 147 -97 be received;
2. THAT the application to amend the Comprehensive Zoning By -law 84 -63 of the
former Town of Newcastle, submitted by Ridge Pine Park Inc. be APPROVED;
3. THAT the amending by -law attached hereto be forwarded to Council for approval
and that the (H) Holding symbol be removed by by -law upon the execution of a
site plan approval agreement;
4. THAT a copy of this report and Council's decision be forwarded to the Region of
Durham Planning Department; and
5. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Owner: Ridge Pine Park Inc.
1.2 Agent: Roger Howard
1.3 Zoning: From "Urban Residential Type Two Exception (132 -16)" to
appropriate zone(s) to permit Seniors - oriented single and
semi - detached dwellings, townhouses, apartments, a
retirement home and /or nursing home west of the C.N.
Railway Overpass (Phase 6). A retirement and /or nursing
home would have associated health related facilities and may
OLO
REPORT NO.: PD- 147 -97 PAGE 2
also include ancillary uses such as a beauty salon, barber
shop and tuck shop.
1.4 Area: 7.15 hectares (17.67 acres)
2. BACKGROUND
2.1 On October 28, 1996 the Planning and Development Department received an
application to amend Comprehensive Zoning By -law 84 -63 in order to permit the
development of Seniors - oriented single and semi - detached dwellings east of the
C.N. Railway Overpass (Phases 1 to 5); and, single and semi - detached dwellings,
townhouses, apartments, a retirement home and /or nursing home west of the C.N.
Railway Overpass (Phase 6). A retirement and /or nursing home would have
associated health related facilities and may also include ancillary uses such as a
beauty salon, barber shop and tuck shop.
2.2 On March 17, 1997 the Planning and Development Department received a letter
from the applicant to amend the application by withdrawing the application from
the Phases 1 to 5 Area and limiting it to specifically the Phase 6 Area only.
2.3 The area subject to the proposal is situated on a 7.15 hectare (17.67 acre) parcel
of land located immediately north of Lake Ontario, south of the C.N. Railway, west
of Wilmot Creek Drive and one (1) lot east of Bennett Road. The more formal
location description is Part Lot 3, Broken Front Concession, former Township of
Darlington.
2.4 A Public Meeting for the rezoning application was held on February 17, 1997.
Only the applicant spoke.
2.5 As a result of the notification process, staff did receive one (1) counter and three
(3) telephone inquiries. The counter inquiry was concerned with semi - detached
0L
REPORT NO.: PD- 147 -97
PAGE 3
units being allowed in the Phases 1 to 5 Area. Given the March 17, 1997 revision
to the application this is no longer a concern.
One telephone inquiry questioned the nature of the expansion of the Wilmot
Creek Community. This individual was advised the expansion was only in terms
of the variety of housing types, not in area or population. This caller did mention
a problem with drivers speeding out of Wilmot Creek Road at the intersection with
Bennett Road, and asked that the situation be dealt with.
3. EXISTING AND SURROUNDING USES
3.1 The existing site is relatively flat and currently vacant. According to the applicant,
until 1979 or 1980, the site was used for agriculture (ie. crops). Since that time
it has remained vacant.
3.2 The surrounding land uses are as follows:
North: Canadian National Railway and beyond that, vacant, formerly
agricultural land
South: Lake Ontario shoreline
East: the existing Wilmot Creek Community
West: agricultural or vacant land
4. OFFICIAL PLAN CONFORMITY
4.1 Within the Durham Regional Official Plan, the subject property is designated as
Living Area. The primary purpose of lands designated Living Area shall be for
residential purposes, and as such, the application conforms.
4.2 Within the Clarington Official Plan, the subject property is designated Special
Policy Area B overlaying Urban Residential. The application conforms.
REPORT NO.: PD- 147 -97 PAGE 4
5. ZONING BY -LAW COMPLIANCE
5.1 Within Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle, the
subject property is zoned in part "Urban Residential Exception (R2 -16)" which
permits mobile home dwellings and /or single detached dwellings. Given that it
is proposed that a large variety of housing types (mentioned previously in
Sections 1 and 2) be built, the rezoning application is warranted.
6. AGENCY COMMENTS
6.1 The rezoning application was circulated to various agencies and other
departments by the Planning and Development Department. Comments received
to date are as follows.
6.2 The Clarington Public Works Department, Engineering Division, has indicated that
they have no objections to the proposal noting from a traffic perspective, any
commercial businesses which are ultimately permitted must be ancillary to the
internal development and be of a type and nature that are unlikely to attract
customers from outside the Wilmot Creek Community.
6.3 The Clarington Public Works Department, Building Division, had no major
concerns.
6.4 The Clarington Fire Department originally indicated that they had no objection in
principle. However, it was noted that there have been concerns raised from the
residents of this site regarding emergency egress, should it be necessary. With
expansion and increased population, this concern may well increase and should
be addressed before any expansion takes place. This matter has since been
resolved with the Fire Department noting they had received a letter from the
residents' association stating that they have no problem with the expansion nor
any fears about the exits from the site.
REPORT NO.: PD-147-97 PAGE 5
6.5 The Central Lake Ontario Conservation Authority in commenting noted that the
application had been revised to include only those lands within Phase 6 of the
development. With this in mind, their concerns related to the Lake Ontario
shoreline setback. The Central Lake Ontario Conservation Authority's Lake
Ontario Flood and Erosion Risk Mapping confirmed that for the portion of
shoreline at the Wilmot Creek Community, a setback of 78 to 81 metres is
recommended. Furthermore, it was stated that it may be possible to reduce these
limits through site specific surveys along the bluff which could refine the bluff
heights, or through shore protection measures which would limit erosion. The
shoreline study which was submitted by the applicant and reviewed by
Conservation Authority staff resulted in a new setback distance calculation of 39
to 58 metres for the Phase 6 lands.
In light of the above, the Conservation Authority indicated that the issue of storm
water management as well as the proposed lakeshore setback limit would be best
addressed at the appropriate time when site plan approval is applied for and the
precise location of the setback limit is determined. The Authority stressed that
their concurrence to permit the rezoning application to proceed was with the clear
understanding that the applicant would be required through the site plan approval
process when the development plan is finalized to address any works that the
Authority deemed appropriate. Staff would note that the applicant, has indicated
they are willing to adhere to the authority's judgement with respect to the above.
6.6 The Regional Planning Department noted that the subject area was designated
"Living Area' in the Durham Regional Official Plan and that the proposed
residential and community uses conform.
Additionally, the application was screened in accordance with the terms of the
Provincial Plan Review responsibilities transferred to date. Issues identified
included:
REPORT NO.: PD- 147 -97 PAGE 6
Ministry of Citizenship, Culture and Recreation
Ministry of Environment and Energy
• Canadian National Railway
• Ministry of Natural Resources
Regional Planning Staff advised that Ridge Pine Park Inc. had addressed each of
the above issues to their satisfaction as follows:
• an archaeological assessment was prepared confirming no further
assessment or investigation was necessary;
• the Region's contamination site screening questionnaire confirming
that the site was suitable for the uses proposed;
• a noise and vibration report demonstrated that the subject lands
were suitable for residential development. A subsequent report at
the site plan approval stage will address specific unit requirements.
• the Central Lake Ontario Conservation Authority did not identify any
natural heritage concerns for Phase 6 lands and advised that
stormwater management requirements would be addressed to their
satisfaction at site plan approval.
The Regional Planning Department advised that the Regional Works Department
had completed its review of the functional servicing report prepared for Phase 6
and it was determined that this report demonstrates that the proposed land uses
can be serviced as part of the 1,632 person retirement community. Detailed
engineering drawings for the provision of the required municipal services must be
submitted to Clarington, the Regional Works Department and Ministry of
Environment and Energy for approval prior to commencement of on -site
development.
The Regional Planning Department concluded that, based on the foregoing, it
would have no objection to further processing of the rezoning application.
REPORT NO.: PD- 147 -97
PAGE 7
6.7 The Regional Health Department has no objections to approval provided that it
is fully serviced by municipal sewer and water.
6.8 Ontario Hydro has stated they have no objection.
6.9 The Canadian National Railway has advised that they have reviewed the
applicant's Vibration and Noise Impact Study and find the conclusions
acceptable.
The Railway further advises that they have prepared a draft of the required
agreement between the Owner and the Railway, addressing the Canadian
National Railway's Principal Main Line Requirements.
7. STAFF COMMENTS
7.1 With respect to the issue of the Waterfront Trail, staff has had several discussions
with the applicant. It has been resolved that the Waterfront Trail will run along the
north limits of the Phase 6 Area, just as it will in the Phases 1 to 5 Area. This is
consistent with Council's directive that the waterfront trail should not go through
the retirement community.
7.2 The land required for the Trail alignment at the northern limits of Phase 6 will be
conveyed to the Municipality through the parkland dedication prior to execution
of a site plan agreement for Phase 6 development.
7.3 Staff is satisfied that for the purposes of the rezoning application, the attached by-
law amendment, employing the use of the Holding (H) symbol can be considered
for approval by Council.
7.4 At such time that all site plan matters including stormwater management, the
establishment of the precise shoreline setback limits and parkland dedication
REPORT NO.: PD- 147 -97
E
WE
requirements have been addressed through the completion of a site plan
agreement, the Holding symbol can then be removed by by -law.
CONCLUSIONS
In consideration of both agency comments and the staff comments in this Report,
it is respectfully recommended that the rezoning from "Urban Residential
Exception (132 -16)" to "Holding Urban Residential Exception ((H)R4 -20)" be
APPROVED as contained in the attached Zoning By -law amendment.
Respectfully submitted,
Grp, -c., . 9...m- ........
b2)_
)
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
BR *LT *FW *df
10 October 1997
Attachment #1 - Site Location Key Map
Attachment #2 - Zoning By -law Amendment
Reviewed by,
IM�
W.H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
Mr. Roger Howard, M.C.I,P., R.P.P.
Mrs. Debra Allin
Ridge Pine Park Inc.
25 Bennett Road
Rice Development
R.R. #4
17 Dean Street
Bowmanville, Ontario
Brampton, Ontario
L1 C 3K5
L6W 1 M7
Mr. Fred Ufton
Mr. A.L.M. (Larry) Cond
16 Steelhead Lane
85A Wilmot Trail
Newcastle, Ontario
Newcastle, Ontario
L1 B 1 134
L1 B 1138
ATTACHMENT # 1
SUBJECT SITE
LOT 4 LOT 3 LOT 2
z
0
SAY 40, U)
V)
Z
0
0
Z
H.E.P.c.,o\
13N
Ld
Y
0
m
LAKE ONTARIO
WOLMOT CREEK
KEV HAIP DEV. 96-056
66
ATTACHMENT # 2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 97-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the
Corporation of 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 Corporation of the Municipality
of Clarington for DEV 96 -056.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 15.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE FOUR (R4)
ZONE" is hereby amended by adding thereto, the following new Special Exception
15.4.20 as follows:
"15.4.20 URBAN RESIDENTIAL EXCEPTION (R4 -20) ZONE"
A. Notwithstanding the provisions of Section 15.1, those lands zoned R4 -20
on the schedules to this By -law shall permit one or more of the following:
nursing home, retirement home, apartment building, link townhouse, semi-
detached and mobile home and /or single detached dwelling. A nursing
home and /or a retirement home may have associated health related
facilities and may also include ancillary uses such as a beauty salon,
barber shop and tuck shop. For the purposes of this subsection, a
retirement home shall mean any privately -owned premises maintained and
operated for persons over the age of 60 in need of residential care.
Accommodation, meals and socialization are provided for those who
cannot continue to live independently in the community. Between one and
three meals a day may be provided in a central dining room.
B. For the purposes of establishing density, the total number of dwelling units
in the R2 -16 and R4 -20 zones shall not exceed 960 mobile home /single
detached dwellings with a population set at 1.7 people per unit (ppu) or
the equivalent population based on the conversion rates as given below:
i) semi - detached and link townhouse units shall have a ppu of 1.7;
ii) apartment shall have a ppu of 1.4;
iii) a retirement home shall have a ppu of 1.2;
iv) a nursing home shall have a ppu or "population per bed" of 1.0.
C. For nursing home, retirement home and apartment building the following
regulations shall apply:
a) i) Apartment Density (maximum) 80 units per ha
ii) Retirement Home and Nursing Home
Density (maximum) 125 units per ha
b) Building Site Area Coverage (maximum) 45%
-2-
c)
Building Height (maximum)
12 metres
A building in excess of 12 metres may
be erected provided that the
applicable yard requirements shall
be increased directly in
proportion to the increase in building
height above 12 metres,
d)
Landscaped Open Space (minimum)
30 %;
e)
Apartment Dwelling Unit Floor Area (minimum)
i) Bachelor Dwelling Unit
40 square metres
ii) One Bedroom Dwelling Unit
48 square metres
iii) Two Bedroom Dwelling Unit
60 square metres
iv) Dwelling Unit Containing
Three or more Bedrooms
70 square metres plus 7
square metres for each
bedroom in excess of three
f)
Retirement Home Bed - Sitting Dwelling
Unit Area (minimum)
25 square metres
g)
Setback Requirements (minimum)
i) from any other residential/
institutional building
3.0 metres per storey
ii) from any private road
7.5 metres
iii) from any lot line
7.5 metres
h)
Nursing Home and Retirement Home
Parking Requirements
0.5 spaces per bed
D. For link
townhouse units the following regulations shall apply:
a)
Density (maximum)
40 units per ha
b)
Site Area Frontage (minimum)
13.5 metres
c)
Building Site Area Coverage (max.)
40%
d)
Building Height (maximum)
10 metres
e)
Landscaped Open Space (minimum)
40%
f)
Dwelling Unit Floor Area (minimum)
60 square metres
g)
Setback Requirements (minimum)
i) from any other residential/
institutional building
3,0 metres per storey
ii) from any private road
5,0 metres
iii) from any lot line
7.5 metres
E. For semi - detached dwellings the following regulations
shall apply:
a)
Site Area (minimum)
500 square metres
b)
Building Site Area Coverage
(maximum)
40%
J�
-3-
c) Building Height (maximum) 10 metres
d) Landscaped Open Space (minimum) 30%
e) Dwelling Unit Floor Area (minimum) 60 square metres
f) Setback Requirements (minimum)
i) from any other residential/
institutional building 3.0 metres per storey
ii) from any private road 5.0 metres
iii) from any lot line 7.5 metres
g) Special Yard Requirements
Notwithstanding Sections 3.1(b) and 15.4.20 E.f) ii), a carport may
be permitted to have a 1.0 metre setback from any private road.
For the purposes of this By -law a carport shall mean a roofed
enclosure which may be attached or detached to a semi - detached
dwelling, used for the storage or parking of a motor vehicle and has
at least 40% of its total perimeter open and unobstructed.
F. For mobile homes and /or single detached dwellings the regulations found
in Subsection 13.4.16 shall apply.
G. Schedule "1" to By -law 84 -63, as amended, is hereby further amended by
changing the zone designation from "Urban Residential Exception (R2 -16)"
to "Holding - Urban Residential Exception ((H)R4 -20) ", as illustrated on the
attached Schedule "A" hereto.
H. Schedule "A" attached hereto shall form part of this By -law.
I. 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 1997.
BY -LAW read a second time this day of 1997.
BY -LAW read a third time and finally passed this day of 1997.
MAYOR
CLERK
b
640
This is Schedule "A" to By —law 97— ,
passed this day of 1997 A.D.
LOT 4 LOT 3 LOT 2
z
HIGHWAY 401 Cn
Cn
Z
O U
� � U
WP— ______ —.z
m
W
e 0
Qf
m
LAKE ONTARIO
ZONING CHANGE FROM
"R2-1600 TO " (H)R4 -20"
4
Mayor
Clerk CLARKE
640