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HomeMy WebLinkAboutPSD-018-03 ~ ... '!t. Clw:il1gron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: Monday, February 24,2003 y/tf PSD-018-03 File #: ZBA 2001-005 , /' 1)/7 1/YJ. . 3 Lf/7- IU/.....-O By-law #: P/Jo3-O;;2..'-f Date: Subject: REZONING APPLICATION APPLICANT: 1138337 ONTARIO INC. (THE KAITLIN GROUP) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PSD-018-03 be received; 2, THAT the rezoning application submitted by Kelvin Whalen on behalf of 1138337 Ontario Inc, (The Kaitlin Group) be APPROVED and the by-law be passed as contained in Attachment 3; and 3, THAT all interested parties listed in this report and any delegation be advised of Council's decision, Reviewed bY:U ,~._~ Franklin Wu Chief Administrative Officer CS T*DC*df 18 February 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 610 -.; REPORT NO.: PsD-018-03 PAGE 2 1.0 APPLICATION DETAILS 1,1 Applicant: 1138337 Ontario Inc. (The Kaitlin Group) 1,2 Agent: Kelvin Whalen 1.3 Location: South-west of Shipway Avenue, north of Lakebreeze Drive, being Part Lots 28 and 29, Broken Front Concession former Township of Clarke (Attachment #1) 1.4 Rezoning: To rezone the following lands: Block A from "Holding - Urban Residential Exception ((H) R4-18)" to an appropriate zone to permit 40 townhouse units; Block B from "Holding - Urban Residential Exception ((H) R4-19)" to an appropriate zone to permit 12 townhouse units; and Block C from "Holding -General Commercial Exception ((H)C1-23)" to an appropriate zone to permit 12 townhouse units, 1,5 Site Area: Block A - 1.20 ha Block B - .35 ha Block C - ,146 ha 2.0 BACKGROUND 2,1 There are two draft approved plans of subdivision in the Port of Newcastle Neighbourhood. The first draft plan of subdivision, 18T-91004 (Phase 1) was originally draft approved in September 1996 and subsequently amended in February 2000. It contains a total of 354 single detached and semi-detached dwelling units and coastal villas, The second plan of subdivision, 18T-96013 (Phase 2) was draft approved in December 1997. It includes a total of 338 single detached and semi-detached units. Both plans are currently under development. 2,2 On January 29,2001 Kelvin Whalen submitted a rezoning application on behalf of 1138337 Ontario Inc, (The Kaitlin Group) to permit townhouse units in Block 204 on draft approved plan of subdivision 18T -91004, 611 __l REPORT NO.: PsD-018-03 PAGE 3 2,3 On February 13, 2002, Staff received a letter from Mr. Whalen requesting that Block C identified on Attachment #1 be deleted from the rezoning application, Mr, Whalen subsequently requested that the number of townhouse units in Block 'A' be increased from 40 to 42 units, 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3,1 The site is currently vacant. The topsoil has been disturbed as a result of the installation of services. 3,2 Surrounding Uses: East - Vacant and marina uses North - Single and semi detached dwellings West - Single and semi-detached dwellings South - Currently vacant, coastal villas are draft approved 4.0 OFFICAL PLAN POLICIES 4,1 The Durham Region Official Plan designates the lands "Living Area", Lands designated as Living Area shall be for housing purposes, limited office and retail uses. The proposal appears to conform to the provisions of the Regional Official Plan. 4,2 The Clarington Official Plan designates the subject lands in part "Local Central Area" and "Urban Residential" with a Medium Density symbol. Local Central Areas shall serve as focal points of activity for residential communities and shall develop as mixed use areas containing commercial, residential, recreational, community, cultural and institutional uses. In addition, Local Central Areas are gathering places for the community and shall incorporate public squares where possible. 612 REPORT NO.: PsD-018-03 PAGE 4 Medium density residential uses shall be developed at 31-60 units per net hectare, The predominant housing form shall be townhouses, triplexlquadraplex and low-rise apartments to a maximum of four storeys. The proposed uses are permitted and consistent with the Clarington Official Plan. 5.0 ZONING BY-LAW CONFORMITY 5,1 The lands subject to the application are currently zoned "Holding-Urban Residential Exception ((H) R4-18)" which permits apartments and "Holding - Urban Residential Exception ((H) R4-19)" which permits apartments and a variety of general commercial uses. 5,2 Townhouses are not currently permitted in these zones therefore it is necessary to rezone these lands, 6.0 PUBLIC NOTICE AND SUBMISSIONS 6,1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the subject lands, 6.2 The Public Meeting was held on March 26, 2001. Eleven area residents spoke in objection to the proposed rezoning. The concerns of area residents are summarized below. . Residents were unaware that the existing zoning on the subject lands permitted apartments, They felt that Kaitlin's sales staff did not fully disclose the company's future development plans. Many of them were told that only single and semi detached dwellings would be built as well as the coastal villas. The sales and marketing material only indicated "Future Development" on the subject site and did not provide further detail. They were concerned about the impact of property values as a result of apartments and townhouses, . One resident expressed concerns regarding increased traffic. . One resident expressed concem that he will lose his view of Lake Ontario. 613 -' REPORT NO.: PSO-018-03 PAGE 5 . Some residents were generally dissatisfied with the developer and the quality of their homes. 6,3 Two written submissions were also received, On March 20th, 2001 Mr. Rick Law submitted a letter and petition with the signatures of 81 area residents in objection to the rezoning. The petitioners had purchased their homes based on the knowledge that only single detached dwellings and coastal villas would be built in the Port of Newcastle. They object to any deviations from single detached homes. Christopher and Karina Doyle of Waterview Lane submitted a letter, stating they had visited the sales office on four occasions prior to purchasing their home, They were never informed of the proposed townhouses or apartments. Had they known that townhouses or apartments would be built they would not have purchased a home in the Port of Newcastle. 7.0 AGENCY COMMENTS 7,1 The Clarington Fire Department did not note any safety concems. 7,2 The Region of Durham Planning Department initially indicated that the proposal would necessitate an amendment to draft approval for Plan of Subdivision. In a subsequent conversation, the Region acknowledged that as the development does not necessitate a change in the street pattems and is a reduction in the number of units permitted on Block 204 (18T-91004) from 60 to 42 units, an amendment to Draft Approval was not required. Regional Works indicated that sanitary sewer and water supply are available to the subject site. All requirements of the Region, financial and otherwise will be covered through a site plan approval process, 614 - REPORT NO.: PsD-018-03 PAGE 6 7,3 On October 18, 2001, the Clarington Engineering Services Department required the submission of a stormwater management report to support the development east of Shipway Avenue, Since Block C has been deleted from the proposal, the report is no longer required. Individual driveways on Lakebreeze Drive are not supported. The developer has confirmed that the driveways to individual units are internal and will be privately owned and maintained. Engineering initially required the submission of a traffic study. Upon further review, Engineering Services noted that the development is within a Draft Approved Plan of Subdivision and is a reduction in the number of units, As such, the necessity of a Traffic Study is not required. On November 7,2002 the Engineering Services Department noted that concerns of October 18, 2001 have been addressed sufficiently to deal with the rezoning application however, additional details such as snow storage, sidewalk and fence locations will be reviewed through the site plan approval process. 7.4 The Ganaraska Region Conservation Authority noted that Block C is the only area under consideration for rezoning that would require permits under the Fill, Construction and Alteration to Waterway Regulations. Since Block C has been deleted from the rezoning application, a permit is not required. Initially, the Authority noted a number of Conditions of Draft Approval for the Plan of Subdivision had not been cleared for this portion of the plan. A storm water management plan or sedimentation/erosion control plan had not been submitted. On November 26, 2002 staff at Ganaraska Region Conservation Authority, confirmed that all concems and conditions of the Authority with respect to storm water management or sedimentation/erosion control plan have now been fulfilled. 615 ., REPORT NO.: PSO-018-03 PAGE 7 The Authority also requested an opportunity to review an open space master plan to review the grades at Lakebreeze Drive and blocks south to Lake Ontario, The Authority has been consulted on this issue through the Port of Newcastle Waterfront Plan and have indicated that the grading can be dealt with through approval of the waterfront plan, 8.0 STAFF COMMENTS 8.1 The applicant proposes two townhouse blocks totalling 54 units, in the area bounded by Lakebreeze to the south, Shipway Avenue in the north-east and east of the homes on Waterview Lane. Rezoning of Block C has been withdrawn at the applicant's request. 8,2 The proposed townhouses are located within part of Block 204 on Draft Approved Plan 18T -91004 in the Port of Newcastle. Block 204 contains a number of smaller blocks for multiple residential and commercial uses. A total of 310 residential units are contemplated for Block 204. A maximum of 190 units are permitted in Blocks A, B and the future development block shown on Attachment 1 ,This reflects a medium density of 31-60 units per net residential hectare, Block A allows for 60 multiple units, and is currently zoned for apartments. The rezoning application proposes 42 townhouse units, a reduction of 18 units, Block B, as well as the future development block, would permit 130 units and is also zoned for apartments, however, only those lands that front onto Lakebreeze Drive are proposed for 12 townhouse units. Three low-rise apartments, consistent with the existing zoning, are proposed for the future development block, which can develop to a maximum of 136 units. An application for site plan approval has not been filed for the apartments to date (See Attachment 2). Removing the apartments in Blocks A and B and permitting townhouses reduces the number of units, however, still conforms to Medium Density housing category in the Official Plan, 616 -' " REPORT NO.: PSD-018-03 PAGE 8 8.3 In Block A, forty two (42), one storey plus a loft, townhouse units are proposed. A 6 metre wide private Janeway will provide access from Shipway Avenue to Lakebreeze Drive. Two parking spaces per unit are proposed with an additional 12 visitor parking spaces being provided (.25 spaces per unit). Road maintenance and waste collection will be provided privately. The applicant will be required to apply for site plan approval and draft Plan of Condominium approval for this Block. 8.4 In Block B, twelve (12) two storey street townhouse units are proposed, consisting of two six (6) unit blocks separated by a private walkway. The townhouses front onto Lakebreeze Drive with a 2 metre front yard setback. Parking for each unit is in the rear yard. Access will be provided by a 6 metre private laneway. The developer has requested that the by-law reflect two possible alternatives for parking. The first option, would accommodate two parking spaces in a detached garage. The second option would accommodate one parking space in an attached garage, the second parking space in front of the garage. The by-law reflects setbacks for either option. Detailed drawings for either scenario will be submitted when an application for site plan approval is submitted. 8.5 Many of the area resident concerns were focused on being misinformed by Kaitlin's sales staff about the future development plans for the Port of Newcastle. The zoning to permit apartments in Block 204 in 18T-91004 was granted in October 1997, prior to the occupation of many of the homes in the Port of Newcastle area. The introduction of townhouses reduces the number of units originally approved. It also provides alternative housing to single detached, semi detached homes or apartment units. The proposed townhouses conform with the density provisions of the Official Plan. 8.6 In June 2002, Council adopted policies which requires developer's to submit sales and marketing material to staff for approval so that the perspective home 617 _~J REPORT NO.: PSD-018-03 PAGE 9 buyers are properly informed of the future land uses and approved zoning in the neighbourhood. The sales information for Port of Newcastle has been changed to reflect the current and future lands uses as approved. 9.0 RECOMMENDATIONS 9.1 Based on the comments in this report, it is respectfully recommended that the rezoning application be APPROVED. Attachments: Attachment 1 - Key Map Attachment 2 - Site Plan Attachment 3 - By-law 618 -~~' REPORT NO.: PSD-018-03 PAGE 10 Interested parties to be notified of Council's decision: Kelvin Whalen The Kaitlin Group Ltd. 1029 McNicol Avenue Scarborough, ON M1W 3W6 Jenny Santos, Arielle Sobhani, 70 Carveth Crescent Newcastle, ON L 1 B 1 N4 AI and Lisa Lalonde 86 Carveth Avenue Newcastle, ON L 1 B 1 N4 Michael Hoos 45 Carveth Crescent Newcastle, ON L 1 B 1 N4 Frank Hoar Newcastle Bondhead Ratepayers Association 265 Beaver Street North Newcastle, ON L 1B 1J3 Mary Beth Gibson 45 Port of Newcastle Drive Newcastle, ON L 1 B 1 M8 Chris Doyle 3 Waterview Lane Newcastle, ON L 1 B 1 N5 Beth Hreljac 1 Waterview Lane Newcastle, ON L 1 B 1 N5 Phong Tan 186 Shipway Avenue Newcastle, ON L 1 B 1 M9 Janet and David Stain rod 60 Carveth Crescent Newcastle, ON L 1 B 1 N4 Doug Budger 40 Carveth Crescent Newcastle, ON L 1 B 1 N4 Richard Law, Lead Petitioner 208 Shipway Avenue Newcastle, ON L 1 B 1 M9 Candace Parsons 75 Beacham Court Newcastle, ON L 1 B 1 N 1 Chris Muscat 7 Waterview Lane Newcastle, ON L 1 B 1 N5 Dave Patterson 93 Carveth Crescent Newcastle, ON L 1 B 1 N4 Samuel Jones 35 Carveth Crescent Newcastle, ON L 1 B 1 N4 Anita Ray, Vahid Sobhani, 619 ,.' Lot 29 ~t: I ---- Future Development (Proposed Aportments) NEWCASTLE WATER SUPPLY PLANT PORT of NEWCASTLE KEY MAP ATTACHMENT 1 Lot 28 I dL Deleted From Zoning Applicotion PORT of NEWCASTLE MARINA LAKE ONTARIO ZBA 2001-005 620 ~ J :t c o .- en en Q) () C o () -' =o! " +-' C o L- l.J... c Q) .Y- O L- m J .. ATTACHMENT 2 LOT 29 , CONCESSION BROKEN FRONT Marina Village Townhouses SHIPWAy AIle'Nul; J . . un Lake View Townhomes Newcastle Key Map >- ..n;"F S1llEf:T ZBA 2001-005 Zoning By-law Amendment Owner: 1138337 Ontario Inc. 621 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.lAW NUMBER 2003- 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 former Town of Newcastle in accordance with the application ZBA 2001-005 to permit the development of 12 street townhouses and 42 link townhouses; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows; 1, Section 15.4 "SPECIAL EXCEPTIONS-URBAN RESIDENTIAL TYPE (R4) ZONE" is hereby amended by deleting it in its entirety Section 15.4,18. 2. Section 14.6 "SPECIAL EXCEPTIONS-URBAN RESIDENTiAL TYPE (R3) ZONE" is hereby amended by adding the following new Section 14.6.22 as follows: "14.6.22 URBAN RESIDENTIAL EXCEPTION (R3-22) ZONE Notwithstanding Sections 14.3 those lands zoned R3-22 on Schedules to this by-law shall be subject to the following zone provisions: a) b) c) d) Dwelling Units (maximum) Lot Area (minimum) Lot Frontage (minimum) Yard ReqUirements (minimum) i) Front Yard ii) Rear Yard iii) Interior Side Yard Dwelling Unit Area (minimum) Lot Coverage (maximum) Landscaped Open Space (minimum) Building Height (maximum) Parking Spaces 42 townhouse units 1.20 hectares 60 metres 3.5 metres 4 metres 5 metres 75 sq. m. 46% 30% 12 metres 2 spaces per dwelling unit and an additional .25 for visitor parking per dwelling unil" e) f) g) h) i) 3. Section 15.4."SPECIAL EXCEPTIONS-URBAN RESIDENTIAL TYPE (R4) ZONE" is hereby amended by deleting it in its entirety Section 15.4.19. 4. Section 14.6 "SPECIAL EXCEPTiONS-URBAN RESIDENTIAL TYPE (R3) ZONE" is hereby amended by adding the following new Section 14.6.23 as follows: "14.6.23 URBAN RESIDENTIAL EXCEPTiON (R3-23) ZONE Notwithstanding Sections 14.3 those lands zoned R3-23 on Schedules to this by- law shall be subject to the following zone provisions: ATTACHMENT 3 '" a) Lot Area (minimum) i) Interior Ii) Exterior b) Lot Frontage (minimum) i) Interior ii) Exterior c) Yard Requirements (minimum) i) Front Yard ii) Interior Side Yard to private right-of-way Interior Side Yard Exterior Side Yard Rear Yard (detached garage) iii) iv) v) vi) Rear Yard (attached garage) d) e) f) g) Accessory Buildings (minimum) i) Rear Yard ii) Interior Side Yard on one side where an accessory building or structure contains a common wall with an accessory building or structure on the adjacent lot Iii) Interior Side Yard from accessory building to the lot line iv) Exterior Side Yard Dwelling Unit Area (minimum) Lot Coverage (maximum) Landscaped Open Space (minimum) Building Height (maximum) Page 2 200 sq. m. 350 sq. m. 7.5 metres 12 metres 2.0 metres 5.5 metres 5 metres 4.5 metres 1.5 metres to the detached garage and 12 metres to the dwelling 9 metres to the dwelling and 6 metres to the garage 1.5 metres Nil 1.5 metres 7.5 metres 110sq. m. 55% 35% 13 metres" 5. Schedule 5 to By-law 84-63 as amended is hereby further amended by changing the zone from: "Holding-Urban Residential Exception ((H)4-18) Zone" to "Holding-Urban Residential Exception ((H)R3-22) Zone" "Holding-Urban Residentiai Exception ((H)R4-19) Zone" to "Holding-Urban Residential Exception ((H)R3-23) Zone" 6. Schedule "A" attached hereto shall form part of this By-law. 7. 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 BY-LAW read a second time this day of BY-LAW read a third time and finally passed this 2003 2003 day of 2003 John Mutton, Mayor 623 Patti L. Barrie, Municipal Clerk - . This is Schedule "A" to By-law 2003-__ , passed this day of , 2003 A.D. LOT 29, ~ ::s ~ ~ ~ $ CONCESSION BROKEN FRONT .s'~A ~y -'/ ~~ <:/~ ~ ZONING CHANGE FROM ~ "(H)R4-1S" TO "(H)R3-ZZ" ~ ZONING CHANGE FROM ~ "(H)R4-19" TO "(H)R3-Z3" John Mutton, Mayor lAKEONTATIO _________ Ut~ - 8RccZi ~ _C DR/VC ~ Plilttl L. Barrie, Municipal Clerk HIGHWAY 401 TORONTO Sll<Eer SUBJECT SITE NEWCASTLE VILLAGE 624