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Home My WebLink AboutPD-109-00 - '1, DN:PI09-00 '~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee Pile #VF/2/}I1) OOO-O=2.f Res. r:;;Pff-t.;fV -DO Date: Monday, December 11, 2000 Report #: PD-I09-00 PILE #: ZBA 2000-024 S-C-2000-001 By-law # Subject: SUBDIVISION AND REZONING APPLICATIONS APPLICANT: KlRDAAR (ONT) INC., 1151677 ONT. LTD. PART LOT 29/30, CONe. 2, VILLAGE OF NEWCASTLE (GIVEN ROAD AND KING STREET) FILES: ZBA 2000-024; S-C-2000-001 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD-I09-00 be received; 2. THAT application for proposed draft plan of subdivision and application to amend the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by G. M. Sernas and Associates, on behalf of Kiradaar (Ontario) Inc., 1151677 Ontario Ltd., be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; 3. THAT within 15 days of the Public Meeting, the Commissioner of Plarming for the Region of Durham be advised and provided, by sworn declaration from the Clerk, the following: ' a) that the Municipality held a Public Meeting in accordance with Section 51 (21.1) of the Plarming act for the subject subdivision application; b) a copy of the minutes of said meeting; c) a copy of all written submissions received by the Municipality; d) a list of all persons and public bodies, including their mailing addresses, that made oral submissions at the public meeting or written submissions; and 4. THAT the Durham Region Plarming Department, and all interested parties listed in this report and any delegations be advised of Council's decision. 601 . REPORT NO.: PD-I09-00 PAGE 2 I. APPLICATION DETAILS 1.1 Applicant: Kiradaar (Ontario) Inc., 1151677 Ontario Ltd. 1.2 Agent: G. M. Sernas and Associates 1.3 Rezoning: From "Holding-Urban Residential Type One ((H)Rl)" and "Holding-Urban Residential Type Two ((H)R2)" to an appropriate zone to permit proposed plan of subdivision. 1.4 Proposed Plan of Subdivision: ~ I 15 metre single detached dwelling lot ~ 23 18 metre semi-detached dwelling lots (46 units) ~ seniors retirement residence (0.299 ha block) 1.5 Area: 2.324 ha 2. LOCATION 2.1 The subject lands are located in Part Lots 29 and 30, Concession 2, former Village of Newcastle. The property does not have a municipal address although it has a 20 m (66 ft,) frontage on Given Road at the intersection of King Street and Given Road. 3. BACKGROUND 3.1 The Municipality of Clarington received the referenced zomng by-law amendment application, and subsequently a request for comments on the proposed plan of subdivision from the Region of Durham Plarming Department, in September 2000. The subject lands are part of the Foster Neigbbourhood in the Clarington Official Plan. 3.2 The Foster neighbourhood includes all the lands between Highway 401 to the south and Highway 35/115 and the CPR line to the north, and between the Foster Creek and Wilmot Creek. The applicant, together with two adjacent land owners have initiated a sub- watershed plan for the Foster Creek, and an Environmental Impact Study (EIS) of the impacts of the three proposed developments on the natural features. In accordance with 602 J '. . REPORT NO.: PD-I09-00 PAGE 3 3.3 3.4 4. 4.1 policies of the Clarington Official Plan, the Sub-Watershed Plan and EIS must be undertaken prior to approval of a draft plan of subdivision. The findings of the Sub- Watershed Study, and its recommendations will be presented to Committee and Council in the new year. In addition to the Sub-Watershed Study and EIS, the applicant and adjacent land owners have also submitted an application to complete a neighbourhood design plan for the east half of the Foster Creek, north of King Street. The Neighbourhood Design Plan cannot be processed until such time the Sub-Watershed Study and EIS have been completed and approved by Council. The owner has submitted a Phase I Environmental Site Assessment for the subject lands. The study indicates that the environmental conditions of the site are considered to be satisfactory and no significant environmental problems are likely to be present. EXISTING AND SURROUNDING USES Existing Uses: The subject land is currently vacant. 4,2 Surrounding Uses: South - The subject property wraps around the Newcastle Health Care Centre, a nursing home with 88 beds. Also to the south are two residences fronting on King Street West. North - Vacant lands subject to development applications West - Existing residential fronting on Given Road and vacant land subject to development applications East - Vacant land subject to development applications 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Region Official Plan, the subject lands are designated Living Area. The lands are also adjacent to a Major Open Space system which represents the Foster Creek and its associated valley. The predominant use of land within the Living Area 603 " REPORT NO.: PD-I09-00 PAGE 4 designation shall be for housing purposes. It is the goal of the Region together with the local municipalities and conservation authorities to preserve the ecological benefits of the Major Open Space System. 5.2 Within the Clarington Official Plan, the subject lands are located within the Foster Neighbourhood of the Newcastle Village Urban Area and are designated Urban Residential. There is a medium density symbol in the vicinity of the proposed senior's residence, staff will review the issue of conformity to density for this aspect of the proposal, together with the adjacent subdivision proposal which includes a block for either 48 townhouses or 72 apartment units, also in the vicinity of the medium density symbol. The predominant use of land within the Urban Residential designation shall be for housing purposes. The parcel is adjacent to the Foster Creek a cold water stream. The policies of Section 4 of the Plan require an Environmental Impact Study be undertaken where development is within or adjacent to any natural feature. 5.3 As noted above, both a Sub-Watershed Study and an Environmental Impact Study were recently completed for the three land owners in this area of the Foster neighbourhood. The recommendations of the studies will be incorporated in the review of the associated neighbourhood design plan and proposed plans of subdivision. 6. ZONING BY-LAW PROVISIONS 6.1 The majority of the subject lands are zoned "Holding-Urban Residential Type Two ((H)R2)", with a small portion of the lands being zoned "Holding-Urban Residential Type One ((H)Rl)". The R2 zone does not permit semi-detached/linked dwellings, while the Rl zone does not the development of a seniors retirement home, hence the need for rezomng. 7. PUBLIC MEETING AND SUBMISSION 7.1 A Public Notice sign was installed on the subject lands. In addition, notice was mailed to each landowner within the prescribed distance. 604 '. REPORT NO.: PD-I09-00 PAGE 5 7.2 Staff received one call with respect to the applications. Tbe caller expressed concern with the possibility of a second seniors residence abutting the Newcastle Health Care Centre, and did not believe this was appropriate use abutting the existing singles. 8. AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following department/agencies in providing comments, officered no objection or concerns with the application as filed: . Clarington Fire Department . Le Conseil Scolaire de District du Centre-Sud-Ouest 8.2 Comments received from the Region of Durham Plarming Department advised that the subject lands are designated Living Area in the Durham Regional Official. Lands so designated shall be primarily used for housing purposes. The owner shall be responsible for an acoustic report due to potential noise impacts from King Street. Also, due to the subject lands proximity to the Foster Creek, an archaeological assessment will be necessary. 8.3 Regional Works has advised that sanitary sewer and water supply facilities are not presently available to the subject lands, Servicing is dependent on the installation of service through the adjacent draft plan of subdivision l8T-89059. 8.4 The Kawartha Pine Ridge District School Board advised they have no objections to the proposed applications. The development will yield approximately 15 students to Newcastle Public School. Said school is currently over capacity. The Board requires sidewalks on all streets and a walkway to Given Road to be completed prior to occupation of units in the proposed development 605 , . REPORT NO.: PD-I09-00 PAGE 6 8.5 The Peterborough-Victoria-Northumberland and Clarington Catholic District School Board advised that is has recently filed an application for Official Plan Amendment for a school site that is expected to accommodate future residents of this proposal, The School Board has no objection to the development. However, it requests that safe pedestrian access to the school be provided, including provision for stop lights and crossing guards along King Street. 8.6 Veridian Connections has advised that electric service is currently not available on the road allowances abutting this property. Servicing will be through the adjoining subdivision for all but Lot I. A list of conditions and requirements were provided for the servicing of this site. 8.7 Bell provided no objection to the proposal and requested three conditions be incorporated in any draft approval ofthe subject lands. 8.8 Ganaraska Region Conservation Authority noted that the Authority and the Municipality have been working with the applicants on a Sub-Watershed Study and EIS which will serve as background to the proposed development. Until such time as these reports are completed, any development within this area should be considered premature, 8.9 The Clarington Public Works Department will provide detailed comments at such time as the Sub-Watershed Study and EIS are complete. 9. STAFF COMMENTS 9.1 The proposed applications would facilitate the development of a total of 47 dwelling units and a 0.299 ha block for senior's retirement residence. Prior to detailed consideration of the subject application, the Sub-Watershed Study and Environmental Impact Study must be completed. Furthermore, a neigbbourhood design plan is required for all lands in the Foster Neighbourhood north of King Street and east of Rudell Road. 606 , REPORT NO.: PD-I09-00 PAGE 7 10. CONCLUSION 10.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted. It is recommended the application be referred back to Staff for further processing and subsequent report upon resolution of any issues and receipt of all outstanding comments and required revisions. Respectfully submitted, Reviewed by, d0~~ Franklin Wu, M,C,I.P., R.P.P. Chief Administrative Officer. D . Crome, M.C.I.P., R.P.P, Director of Planning & Development CP*LT*DC*df I December 2000 Attachment I - Key Map Attachment 2 - Proposed Plan of Subdivision Interested parties to be notified of Council and Committee's decision: Mary Rycroft G. M. Semas and Associates 110 Scotia Court, Unit 41 WHITBY, Ontario LlN 8Y7 Foster Creek Developments Ltd. 20 Robert Street West Unit A NEWCASTLE, Ontario LIB lC6 Kiradaar (Ontario) Inc. 7 Director Court Suite 104 WOODBRIDGE, Ontario L4L 4S5 Daniel and Margaret Maskell 320 King Street West NEWCASTLE, Ontario LIB IG9 607 _ SUBJECT SITE LOT 30 ~~ ~~k-l- "J~ \ '\ '\ ~. . s,.. ~~~ ~. ~\i\ LOT 29 I, \ , c Cl ~ NEWCASTLE VILLAGE KEY MAP ZBA 2000-024 N z o en en w u z o u I 608 ATTACHMENT No, 1 .' , z< 0< Z b~ ZO CC ~~ ...I d~ a.. l';~ "'8 ~~ u.....J ::J s: C~ ~~ a:... ~a C~ S~ ~ "i\ ~!: o~ :::: ~ iI II III l~ "~ lIe !m bl Iii ! ~!; j j I; , !!' .. . ~ I . -. -I I, ii ~ III:! ~llflll!lIj · II l 1111 ~in .;:lj. 'I i'l! I~ 1111 I .1 g, Ii" ~ -~ I ' ~ j- i I;~ iii:: 6Q9 L- Ii Ih IlL II III II ATTACHMENT No.2