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Home My WebLink AboutPD-026-01 DN:PD026-01 # , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # )'; (?:t1/!,la;J/-():b--- Res. # rollj- It rj7) / Date: Monday, March 26, 2001 Report #: PD-026-01 File #: ZBA 2001-005 By-law # Subject: REZONING APPLICATION APPLICANT: 1138337 ONTARIO LIMITED (KAITLlN) PORT OF NEWCASTLE LOT 28/29, B. F. CONCESSION, FORMER TOWNSHIP OF CLARKE FILE NO.: ZBA 2001-005 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-026-01 be received; 2. THAT the rezoning application as submitted by Kelvin Whalen on behalf of 1138337 Ontario Inc. (The Kaitlin Group), be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. 1.1 APPLICATION DETAILS Applicant: 1138337 Ontario Inc. (The Kaitlin Group) 1.2 Agent: Kelvin Whalen 1.3 Location: South-west of Shipway Avenue, north of Lakebreeze Drive, Port of Newcastle, being Part Lots 28 and 29, Broken Front Concession former Township of Clarke. (See Attachment 1.) 1.4 Rezdning: To rezone the following lands: Block A from "Holding - Urban Residential Exception ((H) R4-18)" to an appropriate zone to permit 40 townhouse units; 601 REPORT PD-026-01 PAGE 2 ". Block B from "Holding - Urban Residential Exception ((H) R4 -19)" to an appropriate zone to permit 12 townhouse units, in addition to the other uses permitted in the R4-19 zone; and Block C from" Holding - General Commercial Exception ((H) C1- 23)" to an appropriate zone to permit 12 townhouse units in addition to the other uses permitted in the Cl-23 zone. 1.5 Site Area Block A Block B Block C 1.355 ha 1. 964 ha 1.463 ha 2. BACKGROUND 2.1 There are two Plans of Subdivision that affect the Port of Newcastle Neighbourhood. The first subdivision, 18T 91004 (phase 1) was originally draft approved on September 1996 and subsequently amended in February 2000. It contains 354 dwelling units and is currently under development. The second, 18T 96013 (Phase 2) was draft approved in December 1997. It includes a total of 338 single detached and semi-detached units and coastal villas in the western portion of the neighbourhood and in the eastern portion of the neighbourhood medium density residential, mixed-use residential/commercial plus hotel uses, totalling 310 units. These are the lands subject to the rezoning application. 2.2 On January 29, 2001 Kelvin Whalen submitted a rezoning application on behalf of 1138337 Ontario Inc. (The Kaitlin Group) to include townhouses on the subject site. 3. SITE CHARACTERISTICS AND SURROUNDING USES 3.1 The site is currently vacant. The topsoil has been disturbed as a result of the installation of municipal services. 3.2 Surrounding Uses: East - vacant and marina uses North - single and semi detached (link) dwellings West - currently vacant, however, draft approved for single and semi detached (link) dwellings South - vacant and Lake Ontario 602 REPORT PD-026-0l PAGE 3 4. OFFICIAL PLAN POLICIES 4.1 The Durham Region Official Plan designates the lands as Living Area and Waterfront Major Open Space with a Waterfront Place symbol. Lands designated as Living Area shall be for housing purposes, limited office and retail uses. Lands identified with a Waterfront Place symbol shall be developed as focal points along the Lake Ontario waterfront. The predominant land use may include marinas, recreational, tourist, cultural and community uses. Residential and employment opportunities may be permitted which support and complement the predominant 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, Urban Residential with a Medium Density symbol, and Tourism Node. 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. Medium density residential uses shall be developed at 31-60 units per net hectare. The predominant housing form shall be townhouses, triplex/quadraplex and low rise apartments to a maximum of four storeys. A Tourism Node symbol is shown in the vicinity of the marina. Permitted uses include a marina, a hotel, a theatre and other cultural uses, restaurants, speciality commercial uses and public parkland. The proposed uses are permitted and consistent with the Official Plan. 5. ZONING BY-LAW CONFORMITY 5.1 The lands subject to the application are currently zoned as follows: Block A - "Holding - Urban Residential Exception ((H) R4-l8)" which permits apartments. 603 '- REPORT PD-026-01 PAGE 4 Block B - "Holding - Urban Residential Exception ((H) R4 -19)" which currently permits apartments and a variety of general commercial uses. Block C - "Holding - General Commercial Exception ((H) CI- 23)" which permits apartments and variety of non-residential uses including a hotel. Townhouses are not permitted in Blocks A, B, or C and therefore it is necessary to rezone these lands. 6. PUBLIC MEETING 6.1 Public Notice was given by mail to each landowner within 120 metres ofthe subject site and a public meeting notice sign was installed on the subject lands. 6.2 At the time of writing this report, two inquiries were received from homeowners in the vicinity of the subject site. Both individuals were unaware that the subject lands were approved for apartments. They were concerned that apartments would decrease property values, and the height of the apartments would impede their view of the lake. The individuals did not express concern regarding townhouses on the subject site. During a site visit, Staff visited the sales office at the Port of Newcastle. The subject site is shown as future residential, mixed use residential/commercial and hotel. The type of residential development, height or scale are not indicated. The applicant has been forwarded a letter indicating that the currently approved land uses be shown, including the zoned uses which comprise the future residential blocks. 7. AGENCY COMMENTS 7.1 The Clarington Fire Department did not note any safety concerns. 7.2 The Region of Durham Planning Department indicated that the proposal would necessitate an amendment to draft approval for plan of subdivision 18T 96013. Regional Planning also provides preliminary comments on behalf of Regional Works. They indicate that sanitary sewer and water supply facilities are available to the subject lands. All of the Region's requirements, financial and otherwise will be covered through a Regional Subdivision Agreement. 604 REPORT PD-026-01 PAGES 7.3 The Ganaraska Region Conservation Authority indicated that the subject site is partially in the fill limit for the Graham Creek and therefore is subject to its Fill, Construction and Alteration to Waterways Regulation. The Authority also noted that the Plan of Subdivision affecting these lands is draft approved, however, conditions have not been cleared. The Authority has not reviewed any detailed stormwater management plan for the area, no sedimentation/erosion control plan or grading plan. A draft Open Space Master Plan has been prepared but has not been reviewed by the Authority. The Master Plan may affect the rear portion of the subject site and grades at Lakebreeze Drive and blocks south of it towards Lake Ontario. The Authority requests that a holding provision be included for any zoning for the subject area pending the clearance of the draft conditions. 7.4 Comments hav.e not been received from the following agencies: . Clarington Public Works - Engineering . Clarington Public Works - Parks . Hydro One . Regional Works 8. STAFF COMMENTS 8.1 The Port of Newcastle Neighbourhood includes Medium Density Urban Residential Uses, a Local Central Area and a Tourism Node focused around and including the existing manna. The developer is referring to this area as the "Marine Village". It was originally approved and it is currently zoned for low-rise apartments, commercial uses, townhouses, hotel and related uses and the marina. The purpose of this application is to provide for townhouse units within Block A and along the north side of Lakebreeze Drive in Blocks B and C (See Attachment 2). 8.2 There are discrepancies between the conceptual plan submitted by the developer and the rezoning application. This will be clarified through further discussions with the developer. 605 REPORT PD-026-0l PAGE 6 8.3 The Clarington Official Plan recognizes that The Port of Newcastle is a unique area along the Lake Ontario waterfront. Section 9.5.4 states that the residential neighbourhoods of Port Darlington and Port of Newcastle are special places and shall be developed to the highest design standards. Prior to submitting detailed site plans for the site, staff have requested that an Urban Design Plan be prepared for the Port of Newcastle Marine Village. The Urban Design Plan will include elements of neighbourhood design, site design, and design and massing of buildings. 9. CONCLUSIONS 9.1 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, Reviewed by, J rome, M.C.I.P., R.P.P. r of Planning and Development d~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer CS*BN*DJC*sn 20 March 2001 Attachment 1 Attachment 2 Site Plan Concept Plan 606 .' REPORT PD-026-0l PAGE 7 Interested parties to be notified of Council and Committee's decision: Mr. Kelvin Whalen 1029 McNicoll Avenue Scarborough, Ontario MI W 3W6 AI and Lisa LaLonde 86 Carveth Ave Newcastle, Ontario LIB IN4 Mr. Frank Hoar Newcastle Bondhead Community Association 265 Beaver Street N. Newcastle, Ontario LIB 113 607 ~ 40 Townhouse Units (g 12 Townhouse Units in Addition to Apartments and General Commercial Units ~ 12 Townhouse Units LOT 29 LOT 28 I t 5 J z 0 => en :t en w u z [ 0 ...J U ...J ~ I- Z 0 a:: u... z w ~ 0 a:: CD PORT of NEWCASTLE MARINA LAKE ONTARIO NEWCASTLE WATER SUPPLY PLANT ( PORT of NEWCASTLE KEY MAP ZBA 2001 -005 ~:R I