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Home My WebLink AboutPD-015-00 \J#: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON " REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # /J/'-/z/)f} Cftf-IJ/f Res. #0/tJ- )~OO Date: Monday, February 14, 2000 Report #: PD-015-00 File #: ZBA 99-019 By-law # Subject: REZONING APPLICATION APPLICANT: 1138337 ONTARIO INC. PART LOT 29 & 30, B. F. CONC., FORMER VILLAGE OF NEWCASTLE FILE NO.: ZBA 99-019 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-015-00 be received; 2. THAT the rezoning application submitted by Kelvin Whalen on behalf of 1138337 Ontario Inc. be referred back to staff for further processing and the preparation of a subsequent report pending receipt of all outstanding comments; 3 . THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.4 Area: Kelvin Whalen 1138337 Ontario Inc. to rezone the lands to permit the development of two (2) lots for single detached dwellings, and eight (8) lots for semi-detached dwellings, for a total of eighteen (18) dwelling units. 0.624 hectares 1.1 Applicant: 1.2 Owner: 1.3 Rezoning: 2. LOCATION 2.1 The subject lands are located within draft approved plan of subdivision 18T -91004 in the Port of Newcastle (Attachment No. I). The property is identified as being in Part Lots 29 and 30, Broken Front Concession, former Village of Newcastle 601 . , ,. .~ REPORT PO-o1S-00 PAGE 2 3. BACKGROUND 3.1 Plan of subdivision 18T-91004 was draft approved by the Region of Durham on September 9, 1996. A draft subdivision agreement for 18T-91004 was prepared and forwarded to the applicant. The applicant was not satisfied with the securities required through the subdivision agreement and indicated that the conditions would be appealed to the Ontario Municipal Board. Through numerous negotiations, a settlement was reached between the Municipality and the developer, known as the "Principles of Understanding" . 3.2 Changes to the conditions of draft approval and changes to the draft plan of subdivision were negotiated between staff and the applicant pursuant to the Principles of Understanding. Report PD-85-99 was presented to Council in July of 1999 dealing with modifications to the conditions of draft approval and a number of the revisions respecting 18T-91004. The applicant had requested that Block 193 of draft approved plan 18T- 91004 (Attachment No.2) be rezoned from Urban Residential Type Four Exception (R4- . 16) to permit single detached and semi-detached dwelling units. At that time staff advised the applicant that a future development Block would be created incorporating Block 193 and lots 74 to 76 (Attachment No.3). This would permit the applicant the opportunity to review the lotting pattern for this area. It was noted that the proposed revision to the Draft Plan of Subdivision could not be considered within the context of Report PD-85-99 as it would require a Public Meeting to be held in accordance with the Planning Act. As such, the necessary rezoning to implement the revisions to the draft plan are presented for consideration through this subsequent report. 4. SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The area to be rezoned is located in the eastern portion of the plan of subdivision having frontage on Shipway Avenue, Beecham Crescent and Carveth Crescent. The applicant has recently registered Phase One of the development (40M-1984). The applicant has recently submitted applications for building permits within phase one. 4.2 Surrounding Uses: North - vacant residential South - vacant residential 602 REPORT PO-01S-00 PAGE 3 ~ West - vacant residential East - vacant residential and storm water management pond 5. OFFICIAL PLAN POLICIES 5.1 The subject lands are designated Living Area within the Durham Regional Official Plan. Lands within this designation shall be used predominantly for housing purposes. The application conforms to the residential policies. 5.2 The Clarington Official Plan designates the site as Urban Residential, which is to be predominantly used for housing purposes. There are two Medium Density symbolS in the immediate area. These allocations will be developed in the form of multiple residential units and a mixed use component south and east of the area subject to rezoning. The application for zoning amendment conforms to the residential policies of the Clarington Official Plan. 6. ZONING BY-LAW CONFORMITY 6.1 The site currently contains three different zones, Urban Residential Type Two Exception (R2-10), Holding - Urban Residential Type One Exception ((H)RI-39) and Holding - Urban Residential Type Four Exception ((H)R4-16). These zones reflect the lotting pattern as approved prior to the revisions to draft approval. The R2-10 permitted one single detached unit on Lot 76. The RI-39 permitted two semi-detached units on each of Lots 74 and 75, and the R4-16 zoning on Block 193 permitted eighteen apartment units. The applicant now wishes to develop the entire site to accommodate 2 single detached and 16 semi-detached dwelling units (Attachment No.4). Therefore, this application for rezoning is required. 7. PUBLIC NOTICE AND SUBMISSION 7.1 In accordance with the Municipality's procedures and the requirements of the Planning Act, written notice was given as follows: . the appropJjate signage acknowledging the Public Meeting was installed on the subdivision's frontage on Toronto Street and on the Block to be rezoned. 603 I;' ! ..."fi!P'. .)' ~ REPORT PO-01S-00 PAGE 4 . Written notice was circulated to all assessed property owners within a 120 metre radius of the plan of subdivision. 7.2 As of the writing of this report, three verbal inquiries were received. Two inquiries requesting clarification of the area to be rezoned, as a misunderstanding between the applicant and staff resulted in one of the Public Meeting signs being posted at the municipal parkette on Mill Street south. The sign was relocated to the area subject to rezoning, prior to the date the sign was required to be posted under the Planning Act. The third inquirer requested general information on the application. 8. AGENCY COMMENTS 8.1 The application was circulated to the appropriate agencies and departments for comment. Comments remain outstanding from the following agencies and departments: . Ganaraska Region Conservation Authority . Durham Region Works Department . Durham Region Planning Department . Kawartha Pine Ridge District School Board . Bell Canada . C. N. Rail 8.2 The Peterborough Victoria Northumberland and Clarington Roman Catholic School has requested that adequate provisions be made for sidewalks within the proposed development. 8.3 The Clarington Public Works Department has no objection to the proposal in principle. They note that the roads have been constructed and the lands have been preserviced. They request that the applicant provide clear details of the proposed lotting scheme, indicating all dimensions and demonstrating that the servicing is suitable. The proposal must also be compatible with the overall engineering design for the subdivision with respect to grading, drainage, utilities, servicing, etc. 8.4 The Durham Region Health Department, the Clarington Fire Department and Veridian Corporation had no objection to the application as filed. 604 ~J , REPORT PD-01S-o0 PAGE S .~ 7. COMMENTS 7.1 The proposed zoning amendment reduces the number of units previously approved down from 23 dwelling units to 18 dwelling units. The applicant has informed staff that during the marketing of the plan of subdivision, potential purchasers were expressing concern about the appropriateness of the apartment units being located on a street that contained all single and semi-detached units. As a result they decided to change the apartment proposal and the immediate adjacent units in order to continue with the single and semi- detached lotting as had been approved for the balance of the street. 8. CONCLUSION 8.1 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, a' J. ome, ., .P.,R. . . Director ofPlamung & Development CJ~=-~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer ID*LDT*DJC*cc Febrnary 8, 2000 Attachment No. 1 Attachment No.2 Attachment No.3 Attachment No.4 Key Map Previously approved draft plan lotting Amendment to draft approval Proposed relotting Interested parties to be notified of Council and Committee's decision: Kelvin Whalen 1138337 Ontario Inc. 1029 McNicoll Ave. Scarborough, Ontario Ml W 3W6 Jack Eilbeck 626 Mill Street South Newcastle, Ontario LIB lCl 605 r ATTACHMENT NO.1 _ SUBJECT SITE LOT 29 ~ " I -- ---~ ( LAkt APPLICANT ON tA. RIO PORT of NEWCASTLE KEY MAP ZBA 99-019 606 z o (f) (f) w () z o () ~ z o a::: I.J... z W ~ o a::: OJ I 1 a 1 \ r'""~ '1 \ ~f.'2 6"1,.5 I., ~\ 60~\ , ',." 17.442 '" f'" ---> % ... "(11 --'- ::. ~-c-' --- ~\ -- N ;" .~ ...J . ...., ~ -- r><r '-' -~C.N cO . '" 1,'V'<J7., '_1 t .-1, y;,.- ~)_""J. - -- -f::>. 'c;, ?;06'6t it> (}1 '" o "-J ,-A fj " 26.5 ~ N ~ b <l' . o-..J......... 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