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Home My WebLink AboutPD-41-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: KAITLIN.GPA REPORT PUBLIC MEETING �i1_9•« Meeting: General Purpose and Administration Committee File # -•\m 9 O.- Date: Monday, April 7, 1997 Res. # _ _ 1�Ui° 9 J Report #: 'D' - c gubject: REZONING APPLICATION PROPOSED PLAN OF SUBDIVISION APPLICANT: THE KAITILIN GROUP LTD. PART LOT 28, CONCESSION •- OF , FILE: DEV 97-014 (X-REF: 18T-91012) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -41 -97 be received; 2. THAT the zoning amendment application be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and 3. 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: Seeking approval for a proposed plan of subdivision consisting of 25 single detached dwellings. 1.4 Rezoning: from Urban Residential Type One - Special Exception (R1 -1) to the appropriate zones 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 620 REPORT NO. PD -41 -97 PAGE 2 a rear yard setback for the dwelling reduced from 7.5 metres to 5.0 metres an exterior 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 1.5 Area: Area subject to zoning and subdivision: 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. 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 The Kaitlin Group Ltd. 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. 621 REPORT NO. PD -41 -97 PAGE 4 Waterfront within the Major Open Space System although these lands are not included within the current application. The lands are included within one of the 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. 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 25 single detached units appears to conform with the intent of the Clarington Official Plan. 5. ZONING BY -LAW COMPLIANCE 5.1 The applicant is proposing to amend the zoning on that portion of the subject lands currently zoned Urban Residential Type One - Special Exception (R1 -1) in order to allow the development of 25 single detached dwellings. The current zoning on the subject lands would permit residential development, however, the applicant has requested site specific zone category provisions which include: • a front yard setback for the dwelling reduced from 6.0 metres to 3.6 metres • a rear yard setback for 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 5.2 The requested site specific zone provisions have necessitated the application to amend Comprehensive Zoning By -law 84 -63. 62J REPORT NO. PD -41 -97 PAGE 3 2.4 Although, the Regional Planning Department has determined that The Kaitlin Group Ltd.may proceed with the original subdivision file (18T- 91012) opened by Bramalea Limited, the Municipality of Clarington Planning and Development Department advised The Kaitlin Group Ltd. 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 The Kaitlin Group Ltd. to amend Comprehensive Zoning By -law 84 -63 in order to implement the proposed plan of subdivision. 3. PUBLIC NOTICE AND SUBMISSIONS 3.1 This Public Meeting will serve 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. 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. 3.2 As a result of the public notification process, staff have received one counter inquiry and one written submission with respect to the proposal. The area resident who came to the counter expressed concerns regarding the reduction to both the lot frontage requirements and the lot area requirements. These same concerns were expressed in writing in a letter received March 18, 1997. The letter further stated that the existing "Urban Residential Type One Exception (R1 -1)" zone was established to conform with the existing community. 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 622 REPORT NO. PD -41 -97 PAGE 5 6. AGENCY COMMENTS 6.1 The proposed Plan of Subdivision 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. The following provides a brief summary of the comments received to date. 6.2 The Ganaraska Region Conservation Authority has advised that the plan of subdivision has been revised to remove the Open Space lands from the limits of the plan of subdivision. The Authority notes 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. As a result, in order to allow for the proper protection of these lands, the Authority has requested that they be included within the plan of subdivision and zoned appropriately. Currently, a portion of the floodplain and the locally significant wetland that is present on the site are zoned "Agricultural Exception (A -1)" as shown on Attachment # 2. 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 The only other agency which provided comments was the Public School Board which offered no objection to the proposal. Comments remain outstanding from the Regional Planning Department, the Regional Works Department, the Separate 624 REPORT NO. PD -41 -97 PAGE 6 School Board, the Clarington Hydro Electric Commission and the Clarington Public Works Department. 7. STAFF COMMENTS 7.1 The applicant is proposing to amend the zoning by -law in order to introduce site specific zoning provisions which, if approved, would facilitate the development of the lands with a 25 unit plan of subdivision consisting entirely of single detached dwellings. 7.2 Staff note that the requested zone provisions are essentially the same as those granted to the applicant through the approval of the first phase of the Port of Newcastle. The applicant contends that the lots, if approved, would be marketed towards the older adults. The applicant's position is that older adults prefer lots which have less frontage and lot area so that there is less maintenance required for the property. The lesser lot areas and frontages in turn have led to the requested reductions in the setbacks since the standard setbacks were created for the larger more traditional urban residential lots. 8. CONCLUSION 8.1 As the purpose of this report is to provide a status of the application for the Public Meeting, it would be in order to have the applications referred back to staff for further processing. Respectfully submitted, Reviewed by, < i C Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development WM *FW *cc Attach. March 19, 1997 -1 al�/ e W. H. Stockwell Chief Administrative Officer h2J H I I A HMCN 1 91 "'V/,4/9p /o NEWCASTLE VILLAGE 97-014 KEY MAP : • 626 Z O W U Z O U !i W., Z O U F- Z O Ix L- Z W O w m D ATTACHMENT #2 LOT 28 18T -91012 CLARKE ST. DEV.97-014. N70'57 ' 10 "E 1 pp n m us '30 "E a I 20 'O (V 0.117 � 15 35 a N .- N 0 n S 3535 — 1 ( /y a ' t2 ci Z n rfir,. 3535 �--• (•.• m L.17 ,�• m n 35 35 �-- �, \� • n y, o'! n � W � v � '' � „' '� ��' •��. '+•fir +t � +, ,t\ / ' t9 1p� .::t� Y ..� '�y .�rt�•f.r�♦ r�v�C` M / / I`�/ i/" \ lei � l O 00 ^ i�I 4r`,^'i• r''�'R (j, �'' h ,itrtl.� \�l`�= ♦j�� % / ^ /j_ /` 1 ��\ r��i�� r/� .t�i•1�,{':rfi ,r ^r C .;., r'�,'f ^ 'fy'; ^..�`��.'!/��/'C' `�.- *j'1:\ � \ \6/. ;� /� /\ % \�� e��S:~•` � �• hr �tr V`�eni`:.ft��li�,i.}11iYP � /��_'J,.�jy /�7ff♦r;+l� /��l , ;�/ cn w c •�:'." 7' ^'w .n`` off,}. "�� t t% � ^'�i".q. , ,'% /1 /i � �\ /� %�`' %• % ♦�\ ,I\ � - : � /Wy 44 ^ e`1rlf �°;� mil•,. �. .... �' rY.��fiT ). � ^A^1 � ^ ; • ,'tS�,.. ~' r , . 1 k ' Vie• ' �y'rk• � � J n p nl"5 f`c re r � \' .d :C \.,t♦,G•\ r ,} ;RM, j, � 1 �1 �I �) / ♦ \1 ♦/, G 4 ._P.wyru,oF..coyR.._.._.._.._.. .. - .. .4 METCA F ST. (uno en 1d �I FLOOD PLAIN/ WETLAND LIMIT ZONED ENVIRONMENTAL PROTECTION (EP) ZONED AGRICULTURAL EXCEPTION (A-1) ® G.R.C.A. REQUEST FOR REZONING FROM AGRICULTURAL EXCEPTION (A -1) TO ENVIRONMENTAL PROTECTION (EP) T 627