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HomeMy WebLinkAboutPD-82-97UNFINISHED BUSINESS DN: KAITLIN.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON , REPORT Meeting: General Purpose and Administration Committee File # ba LKf g101 a Date: Monday, June 16, 1997 Res. #�?�" Report #: PD -82 -97 File #: 18T -91012 (X -REF: DEV 97 -014) By -law # Subject: PROPOSED PLAN OF SUBDIVISION - THE KAITLIN GROUP LTD. PART LOT 28, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE FILE: 18T -91012 (X -REF: DEV 97 -014) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -82 -97 be received; 2. THAT the 'Region of Durham be advised that the Municipality of Clarington recommends approval of the draft plan of subdivision 18T -91012 dated May 8, 1997, subject to the conditions contained in Attachment No. 1 to this report; 3. THAT zoning amendment application DEV 97 -014 be closed; 4. THAT the Mayor and Clerk be authorized, by By -law, to execute the Subdivision Agreement between the Owner of the proposed draft plan of subdivision 18T -91012 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; and 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: The Kaitlin Group Ltd. 1.2 Agent: Bousfield, Dale- Harris, Cutler & Smith 1.3 Subdivision: Original Proposal - sought approval for a proposed plan of subdivision consisting of 25 single detached dwellings. Q Revised Proposal - seeking approval for a proposed plan of subdivision consisting of 19 single detached dwellings. 1.4 Rezoning: Original Proposal - from "Urban Residential Type One Exception (R1 -1)" to the appropriate zone in order to permit the above -noted development proposal. The proposed amendment would also include: • a front yard setback for the dwelling reduced from 6.0 metres to 3.6 metres • a rear yard setback from the dwelling reduced from 7.5 metres to 5.0 metres • an exterior side yard setback for the dwelling reduced from 6.0 metres to 3.6 metres • a lot coverage percentage increased from 40% to 45% • a lot frontage requirement reduced from 18.0 metres to 13.8 metres • a lot area requirement reduced from 650 square metres to 435 square metres Revised Proposal - seeking approval for a proposed plan of subdivision consisting of 19 single detached dwellings to be developed in accordance with the current "Urban Residential Type One Exception (R1 -1)" provisions. 1.5 Area: Area subject to subdivision application - 2.574 ha (6.36 acres) Additional lands owned by applicant - 10.086 ha (24.92 acres) 2. BACKGROUND 2.1 In April of 1991, Bramalea Limited, then the owners of the subject lands, applied to amend Comprehensive Zoning By -law 84 -63 (DEV 91 -041) in order to implement a proposed plan of subdivision. M 2.2 Subsequently, the Planning and Development Department was advised by the Regional Planning Department of an application submitted by Bramalea Limited for a plan of subdivision (18T- 91012). 2.3 Kaitlin obtained ownership of the subject lands in late 1995 and intends to continue with the development applications started by Bramalea Limited. In the time which had lapsed since the original applications were filed by Bramalea Limited, a new Regional Official Plan was adopted by Regional Council and a new municipal Official Plan was adopted by the Council of the Municipality of Clarington. Appropriate land use policies have been included in the 1991 Regional Official Plan and in the Clarington Official Plan to effectively guide the development of these lands. 2.4 Although, the Regional Planning Department has determined that Kaitlin may proceed with the original subdivision file (18T- 91012) opened by Bramalea Limited, the Municipality of Clarington Planning and Development Department advised Kaitlin that the related zoning amendment application (DEV 91 -041) had been closed following the collapse of Bramalea Limited due to the significant amount of time which had passed since the original Public Meeting. 2.5 As a result, on February 20, 1997, the Planning and Development Department received an application from Kaitlin to amend Comprehensive Zoning By -law 84 -63 in order to implement the proposed plan of subdivision. 3. PUBLIC NOTICE, SUBMISSIONS AND RESIDENTS' MEETING 3.1 A Public Meeting to satisfy the requirements of the Planning Act, R.S.O. 1990, as amended by Bill 20, with respect to the zoning by -law amendment application was held on April 7, 1997. Notice of the Public Meeting was mailed out in accordance with the provisions of the Planning Act and a public notice sign was erected on both the Clarke Street and Baldwin Street frontages in accordance with Council policy. REPORT NO. PD -82 -97 PAGE 4 3.2 As a result of the public notification process, staff have received numerous counter inquiries with respect to the proposal. Concerns were expressed regarding the proposed reduction to both the lot frontage requirement and the lot area requirement that were contemplated in the original submission. In addition, staff received six (6) written submissions with respect to the proposal which expressed the same concerns which were previously verbally expressed. 3.3 At the statutory Public Meeting, nine (9) members of the public addressed the General Purpose and Administration Committee. Again, the concerns expressed were the same as those previously expressed verbally and in writing. In addition, as a result of the concerns which were expressed, Committee resolved to direct staff to host a residents' meeting to address the concerns of the residents. 3.4 The residents' meeting was held on Wednesday, April 30, 1997 in the Municipal Administrative Centre and was attended by approximately 20 area residents. During the course of the meeting, it became apparent that while the residents were strongly opposed to all of the site specific zone category provisions proposed by Kaitlin, the residents would not oppose the development of the subject lands in accordance with the provisions of the existing "Urban Residential Type One Exception" zone category. Kaitlin subsequently submitted a revised plan of subdivision which, as previously noted, proposes the development of a 19 lot plan of subdivision in accordance with the current Urban Residential Type One Exception (R1 -1) provisions. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the 1991 Durham Regional Official Plan, the subject site is designated as a Living Area. The additional lands owned by the applicant are designated Waterfront within the Major Open Space System although these lands are not included within the current application. The proposed 19 lot subdivision is included within one of three Living Areas which comprise the Newcastle Village Urban Area and as such, the application appears to conform with the intent of the Regional Official Plan. PAGE 4.2 With respect to the Clarington Official Plan the subject property is designated Urban Residential. The additional lands owned by the applicant are designated Environmental Protection Area although, as noted earlier, these lands are not included within the current application. The current proposal for 19 single detached units appears to be of reasonable proportion in relation to the balance of Kaitlin's land ownership and the target population for the Port of Newcastle neighbourhood. Therefore, the application appears to conform with the intent of the Clarington Official Plan. 5. ZONING BY -LAW COMPLIANCE 5.1 The application for an amendment to Comprehensive Zoning By -law 84 -63 is no longer required since the current proposal contemplates the development of a 19 lot plan of subdivision in accordance with the current Urban Residential Type One Exception (R1 -1) provisions. These provisions require a minimum frontage of 18.0 metres and a minimum lot area requirement of 650 square metres. 6• AGENCY COMMENTS 6.1 The proposed plan of subdivision was circulated for comments by the Regional Municipality of Durham. Concurrently, the Planning and Development Department undertook a circulation of the proposed zoning amendment application, prior to the applicant confirming that the application would be withdrawn. The following provides a brief summary of the comments received. 6.2 The Ganaraska Region Conservation Authority advised that the plan of subdivision has been revised, from the original Bramalea proposal, to remove the Open Space lands from the limits of the plan of subdivision. The Authority noted that their previous negotiations regarding the plan would have resulted in the Open Space lands being zoned Environmental Protection (EP) to recognize the floodplain and the locally significant wetland that is present on the site. REPORT NO. PD -82 -97 PAGE 6 As a result, in order to allow for the proper protection of these lands, the Authority requested that the applicant include the lands within the plan of subdivision in an appropriate zone category. Currently, a portion of the floodplain and the locally significant wetland that is present on the site are zoned Agricultural Exception (A -1). However, it subsequently became apparent that the applicant was not willing to include the valleylands within the limits of the plan of subdivision. As a result, the Authority has withdrawn this request and offers no objection to the proposal subject to several regulatory conditions regarding storm water management. 6.3 The Municipality of Clarington Fire Department has advised that the site would be serviced by Station #2 which is operated by part -time firefighters on an "on -call" basis. The Fire Department also notes that responses for this station have increased substantially over the past few years and this application, when viewed in conjunction with other large developments such as the Port of Newcastle, will increase the strain presently on the Station's staff. The Fire Department recommends that new residents be made aware of the level of service being provided. 6.4 Ontario Hydro has reviewed the application in relation to Street "A ", which traverses a large hydro corridor to the south. Although Ontario Hydro offers no objection, it is noted that the applicant will be responsible for all costs associated with the crossing of the hydro right -of -way including relocation or revisions to Ontario Hydro facilities. 6.5 Clarington Hydro has noted that Street "B" will provide an opportunity to allow for underground cable installation between Clark Street and Street "A ". However, it is noted that should the construction of Street "A" precede the construction of Street "B" an easement will be required in the location of Street "B" in order to facilitate the installation. In addition, it is noted that if any works in the Clarke or Baldwin Street road allowance require the relocation and /or reconstruction of existing hydro lines or poles, the applicant shall be responsible for the total cost. 6.6 The Regional Planning Department reviewed the application in relation to the provincial plan review responsibilities which were recently transferred to the Region of Durham. It was noted that the subject lands have been assessed a high potential for the presence of archaeological remains. An archaeological assessment was prepared and subsequently found to be satisfactory. In addition, it was noted that the Region's requirements for the provision of services will be satisfied through the appropriate conditions for draft approval. 6.7 The Public Works Department has noted that the approval of the Port of Newcastle subdivision (18T- 91004) to the south necessitated a series of improvements to the surrounding municipal infrastructure which include but are not limited to the following: • reconstruction and upgrading of Toronto Street • reconstruction and upgrading of Mill Street South • improvements to the grade separation between Mill Street South and the Canadian National Railway • legal and physical closure of portions of the existing Toronto Street road allowance • improvements to the Canadian National Railway crossing located on Toronto Street • construction of a new major collector street (Street A on Plans 18T -91004 & 18T- 91012) which serves as the primary access to this draft plan and to draft approved plan of subdivision 18T -91004 • physical closure of the existing Clarke Street /Mill Street South intersection • construction of a new cul -de -sac at the east limit of Clarke Street including all necessary land acquisitions • installation of illumination and sidewalks on Toronto Street, Mill Street South and the new major collector street. The Public Works Department notes that the registration of this plan of subdivision will not be permitted to occur until such time as the works deemed necessary by the Director of Public Works have been completed. In addition, it is noted that a portion of Mill Street South is situated on lands currently owned by the applicant. The Public Works Department advises that these lands must be added to the limits of the plan of subdivision and dedicated gratuitously to the Municipality. However, the Public Works Department offers no objection to the proposed plan of subdivision subject to several conditions of draft approval regarding issues such as storm water management, property access and road reconstruction. 6.8 The only other agencies which provided comments were the public and separate school boards, neither of which offered objections to the proposal. 7. STAFF COMMENTS 7.1 Staff have reviewed the application in relation to the Clarington Official Plan, Comprehensive Zoning By -law 84 -63 and the uses in the surrounding area. 7.2 The applicant is now proposing to develop the subject lands in accordance with the provisions of the existing Urban Residential Type One Exception (R1 -1) zone category. As a result, it would appear that the concerns of the area residents, with respect to lot size and compatability have been addressed. 7.3 The approval of the application would result in the creation of 19 single detached dwelling lots in addition to Open Space Block 20. The applicant has indicated to the Planning and Development Department that they intend to retain ownership of this Block and may eventually convey the parcel to the abutting property owner. Staff note that this scenario would be acceptable but advise, for the applicant's REPORT NO. PD -82 -97 PAGE 9 information, that this Block does not have sufficient lot area to qualify for a building permit on its own. 7.4 Finally, staff note that the application has been red -line revised to create a new Block 21. This new Block will be dedicated to the Municipality and will alleviate the Public Works Department's concern regarding that portion of Mill Street South currently on the applicant's property. 8. CONCLUSION 8.1 In consideration of the comments contained within this report, the Planning and Development Department would have no objection to a recommendation to the Region of Durham of approval of the proposed plan of subdivision, subject to the conditions contained in Attachment No. 1 to this report. Respectfully submitted, Reviewed by, -J � a - -- -C . (x C � Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development WM *LDT *FW *cc W. H. Stockwell Chief Administrative Officer Attachment #1 Conditions of Draft Approval Attachment #2 - Key Map Attachment #3 - Proposed Plan of Subdivision June 4, 1997 Interested parties to be notified of Council and Committee's decision: The Kaitlin Group Limited 1029 McNicoll Avenue Scarborough, Ontario M1 W 3W6 Bousfield, Dale- Harris, Cutler & Smith Inc. Consulting Town Planners 3 Church Street, Suite 200 Toronto, Ontario M5E 1M2 REPORT NO. PD -82 -97 PAGE 10 Emanuel & Carol Caruana 260 Baldwin Street Newcastle, Ontario L1 B 1 C1 John Campbell 250 Baldwin Street Newcastle, Ontario Karen Smokorowski Rob Green 45 Clarke Street Newcastle, Ontario Edward Brown 30 Clarke Street Newcastle, Ontario Erskine Duncan 27 Boulton Street Newcastle, Ontario L1 B 1C1 Jack Eilbeck 626 Mill Street South L1 B 1C1 Newcastle, Ontario L1 B 1C1 John Mutton 12 Brownsville Court L1 B 1C1 R. R. #8 Newcastle, Ontario L1 B 1 L9 L1 B 1C1 Dave and Marlene Connolly 24 Clarke Street Newcastle, Ontario L16 1 C1 Everett and Jacqueline Lake 254 Baldwin Street Newcastle, Ontario L1 B 1C1 Lloyd Stevenson 106 King Street Newcastle, Ontario L1 B 1 C1 Evylin Stroud 89 Little Avenue Bowmanville, Ontario L1 C 1 J9 Robin Ibbotson Rickard 5 Clarke Street Newcastle, Ontario L1 B 1C1 George Van Dyke 19 Scugog Street Bowmanville, Ontario L1 C 3H7 564442 Ontario Ltd. 254 Baldwin Street Newcastle, Ontario LIB 1 C1 Tom and Diane Mitchell 46 Clarke Street Newcastle, Ontario L1 B 1C1 Ken Donaldson 527 Mill Street South Newcastle, Ontario L1 B 1 Cl R. B. Rickard 507 Mill Street South Newcastle, Ontario L1 B 1 C2 Gord and Hope Carveth 612 Mill Street South Newcastle, Ontario L1 B 1C1 M. Zwart c/o The Orono Weekly Times P.O. Box 209 Orono, Ontario LOB 1 MO CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T -91012 prepared by Bousfield, Dale- Harris, Cutler and Smith dated May 8, 1997 (and further revised in red as per the attached plan) showing Lots 1 to 19 inclusive for single family detached dwellings, Block 20 for Open Space and Block 21 for road widening. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Municipality of Clarington and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 5. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Planning and Development to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 6. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. ....2 IPA CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION NTS TO BE SATISFIED PRIOR TO SUBDIVISION ®r==mftnc:nrr 7. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation plan to the Director of Planning and Development for review and approval. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 8. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 9. That all easements, road widening, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. 10. That the Owner shall pay to the Municipality at the time of execution of the subdivision agreement, five percent (5 %) cash -in -lieu of parkland dedication for residential development. 11. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By -law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the owner. 12. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 13. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. ...3 -3- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT CONT'D 14. That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposits as may be required by the Municipality. 15. That the Owner shall adhere to architectural control requirements of the Municipality. 16. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 17. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 18. That the Owner provide the Planning Department, on disk in a CAD format acceptable to the Municipality a copy of the Plan of Subdivision as draft approved. WE MI CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 19. That the Owner agrees that this proposed draft plan of subdivision cannot proceed to registration until such time as the external municipal infrastructure works, which have been deemed necessary by the Director of Public Works to service the Port of Newcastle subdivisions 18T -91004 and 18T -96013 have been constructed by the developer of plans of subdivision 18T -91004 and 18T -96013 to the satisfaction of the Municipality. 20. That the Owner be responsible to reconstruct those portions of Baldwin Street and Clarke Street which are situated adjacent to this proposed draft plan. The Owner will be responsible for 100% of the cost of reconstructing these existing roads to a complete urban standard. 21. That the Owner agrees that the reconstruction of Clarke Street to an urban standard must include the physical closure of the existing Mill Street South /Clarke Street intersection. A turnaround must be constructed at the easterly limit of Clarke Street to the satisfaction of the Director of Public Works. Additional land dedications may be required to accommodate the required turnaround. 22. That the Owner provide a road dedication to the Municipality which accommodates the existing road alignment of Mill Street South. The new property boundary must be offset from the existing centre of the travelled road by a distance of 10.0 metres. This road dedication must be granted free and clear of any encumbrances and in a form satisfactory to the Municipality's Solicitor. 23. That the Owner provide 0.3 metre reserves on the flankage of Lots 8, 9 and 18 adjacent to Street A. .5 -5- CONDITIONS OF APPROVAL FINAL SUBDIVISION REQUIREMENTS TO BE INCLUDED IN AGREEMENT 24. That the legal closure of any of the existing portion of the Baldwin Street road allowance be carried out in accordance with the Municipality's Road Closure Policy. 25. That all proposed utilities such as hydro, telephone and cable television within the streets of this development be installed underground for both primary and secondary services. 26. That the portions of Baldwin Street and Clarke Street situated adjacent to this plan of subdivision must be fully serviced with water, sanitary sewer, storm sewer, hydro, telephone and cable television for any future lots which may front onto these streets and any existing streets which may intersect with these streets must be "stubbed" for water, sanitary sewer and storm sewer. 27. That construction activity within this development be staged in a manner which ensures that the existing residents of Clarke Street will at all times have a suitable means of access to the satisfaction of the Director of Public Works. 28. That the storm water drainage works and facilities necessary for this development must be constructed in accordance with the Master Grading and Drainage Plan for the Port of Newcastle Subdivision Plan 18T- 91004. All storm water management facilities within Plan of Subdivision 18T -91004 which are necessary to service this proposed draft plan must be in place prior to final registration. 29. That the Owner's engineer be required to prepare a Grading and Drainage Plan that details the configuration of the storm sewer system (minor system) and the conveyance of the overland flow (major system) from this development. 19 In • • i ! - , REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 30. That the Owner enter into a subdivision agreement with the Municipality which includes all requirements of the Public Works Department regarding the engineering and construction of all internal and external works and services related to this subdivision. 31. That all works and services be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings and all applicable legislation and to the satisfaction of the Director of Public Works. 32. That the Owner meet all the requirements of the Public Works Department, financial or otherwise. 33. That the applicant satisfy all the conditions of Ontario Hydro, financial or otherwise. 34. That the applicant satisfy all the conditions of Clarington Hydro, financial or otherwise. 35. That the applicant satisfy all the conditions of the Northumberland - Clarington Board of Education, financial or otherwise. 36. That the applicant satisfy all the conditions of the Ganaraska Region Conservation Authority, financial or otherwise. 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