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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Report #:
PD-038-00
FILE #: ZBA 99-019
(X-Ref: 18T -91004)
File # D / i 2./311 rfo / 1
Res. # (;/V1/ ! 61-00
By-law # 'J()){) -";)?--
Meeting:
General Purpose and Administration Committee
Date:
Monday, April 17, 2000
Subject:
AMENDMENT TO DRAFT PLAN APPROVAL AND REZONING
APPLICANT: 1138337 ONTARIO INC,
PART LOTS 29 AND 30, B.F, CONCESSION, FORMER VILLAGE OF
NEWCASTLE
FILE: ZBA 99-019 (X-Ref: 18T-91004)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-038-00 be received;
2. THAT the draft approved Plan of Subdivision 18T-91004, as revised and dated February
16, 2000, as per Attachment #3, be APPROVED subject to the conditions of Draft
Approval as set out in Attachment # I to this report.
3. THAT the Mayor and Clerk be authorized, by By-law, to execute the amending
Subdivision Agreement between the Owner of the revised Draft Plan of Subdivision 18T-
91004.
4. THAT application ZBA 99-019 submitted by 1138337 Ontario Inc. to amend
Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, be
APPROVED and that the amending by-law be forwarded to Council for approval;
5. THAT the Region of Durham Planning Department and all interested parties lis1ed in this
report and any delegations be advised of Council's decision.
1. APPLICATION DETAILS
1.1
Applicant:
Kelvin Whalen
1.2
Owner:
1138337 Ontario Inc.
627
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.'
REPORT NO.: PD-038-00
PAGE 2
.
Original Proposal:
1.3 Amendments to Draft Approval:
. Draft Approved for:
. First Revision to
Draft Approval:
. Proposed Revision to
Draft Approval:
1.3
Rezoning:
1.4
Area subject to rezoning:
2. LOCATION
260 single detached
53 street townhouses
50 unit multiple residential block
92 single detached
198 semi-detached/linked dwellings
56 unit multiple residential block
18 unit multiple residential block
various blocks for reserves, future development, etc.
93 single detached
188 semi-detached/linked dwellings
56 unit multiple residential block
deletion of 18 unit multiple residential block
95 single detached
204 semi-detached linked dwellings
56 unit multiple residential block
to rezone the lands to permit the further development of
Block 211 by permitted 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
2.1 The subject lands are located within draft plan approved Plan of Subdivision 18T -91004
in the Port of Newcastle (see' Attachment #2). The property is identified as being Part
Lots 29 and 30, Broken Front Concession, former Village of Newcastle.
620
"
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REPORT NO.: PD-038-00
PAGE 3
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
Ihrough 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 by staff and the applicant pursuant to Ihe Principles of Understanding.
Staff 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.
3.3 The applicant had requested at that time that Block 193 of draft approved plan 18T-91004
be rezoned from Urban Residential Type Four Exception (R4-16) to permit single
detached and semi-detached dwelling units. Staff advised the applicant that a future
development Block 211 would be created incorporating Block 193 and Lots 74 to 76.
This would permit the applicant the opportunity to review the lotting pattern for this area.
3.4 The latest revisions to draft approval and rezoning application were filed to deal with the
development of the future development of Block 211.
4. PUBLIC NOTICE AND SUBMISSIONS
4.1 Public Notice was given in accordance with the requirements of the Planning Act. No
objections were received from the public, and no one spoke in opposition to or in support
of the application during the February 14, 2000, Public Meeting. On February 21, 2000,
Council referred the application back to staff for further processing and the preparation of
a subsequent report.
629
REPORT NO.: PD-038-00
PAGE 4
5, OFFICIAL PLAN POLICIES
5.1 The subject lands are designated Living Area within the Durham Region 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 COMPLIANCE
6.1 The site for which the current application was filed 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 contemplated through the initial draft
approval. The R2-10 zoning permitted one single detached unit on Lot 76. The RI-39
zoning 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.
7, AGENCY COMMENTS
7.1 The proposed amendment to Draft Plan Approval was circulated for comments by the
Regional Municipality of Durham. The proposed zoning amendment application has
been circulated by the Municipality in order to obtain comments from other departments
and agencies.
630
REPORT NO.: PD-038-00
PAGE 5
7.2 The Peterborough-Victoria-Northumberland and Clarington Districl School Board has
requested that adequate provisions be made for sidewalks within the proposed
development. The Public Works Department has reviewed the application in accordance
with Municipal guidelines and has confirmed that there are adequate sidewalks within
development to address the concerns of the School Board.
7.3 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. Prior to the registration of this
portion of the plan of subdivision, the Public Works Department will require that Ihese
issues be addressed to the satisfaction of the Director of Public Works.
7.4 The Durham Region Planning, Works, and Health Departments, the Clarington Fire
Department, the Kawartha and Pine Ridge District School Board, Veridian Corporation,
and CN Rail had no objection to the applications as filed.
7.5 The Ganaraska Region Conservation Authority notes that prior to construction, a permit
will be required for the six most southerly lots as they are within the Authority's Fill,
Construction and Alteration to Waterways Regulation Area. They have no objections to
approval of the application.
8. COMMENTS
8.1 The proposed zoning amendment reduces the number of units previously approved from
23 dwelling units to 18 dwelling units. The applicant has informed staff that during the
marketing of the plan of subdivision potential purchasers expressed concerns about the
appropriateness of the apartment units being located on a street that contained all single
631
REPORT NO.: PD-038-00
PAGE 6
and semi-detached units. As a result they wish to change the apartment proposal, and the
immediate adjacent units, and continue with the single and semi-detached lot format as
had been approved for the balance of the street.
8.2 Staff would concur with the applicant's decision to delete the apartment units and develop
the Block with singles and semi-detached/linked units. The relotting will provide
continuity of building type along the street and can be considered desirable for the
development of the area.
8.3 The zoning by-law amendment, as proposed, would remove the (H) Holding symbol
currently in place. Since a subdivision agreement has been registered on title, services
are in place and access to the property is available, the use of the holding symbol is not
warranted.
9. CONCLUSION
In consideration of the comments contained within this report, it is recommended that the
proposed amendments to Draft Plan Approval be approved, subject to the conditions
contained in Attachment #1 to this report. Furthermore, the attached Zoning By-law
Amendment is recommended for approval to provide for the appropriate zone categories
to implement the subdivision as amended.
632
REPORT NO.: PD-038-00
PAGE 7
Respectfully submitted,
Reviewed by,
o~~~
orne, M.C.I.P., R.P.P.
Dire or fPlanning & Development
IL*LT DC*df
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer.
6 April 2000
Attachment #1 - Conditions of Amendment to Draft Approval
Attachment #2 - Key Map
Attachment #3 - Red-line Revised Plan
Attachment #4 - Red-line Revised Plan - Proposed Lotting
Attachment #5 - Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
Kelvin Whalen
1138337 Ontario Inc.
1029 McNicoll Avenue
SCARBOROUGH, Ontario
M1 W 3W6
Jack Eilbeck
626 Mill Street South
NEWCASTLE, Ontario
LIB 1CI
633
ATTACHMENT NO.1
REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
Plan Identification
I. That draft Plan of Subdivision 18T -91004 prepared by Bousfield, Dale-Harris, Culler and
Smith Inc., dated February 16, 2000, as per !he attached plan showing 95 lots for single detached,
204 lots for semi-detached or linked dwellings, Block 197 for 56 medium density units, Blocks
198 and 199 for a Park, Blocks 200, 201, 202, 205, 206, 209 and 210 for Open Space, Blocks
203 and 208 for stormwater management facilities, Blocks 204 and 207 for future development,
and various Blocks for reserves, road widenings, site triangles, etc.
634
ATTACHMEINT NO.2
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LOT 29
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PORT of NEWCASTLE
KEY MAP
ZBA 99-019
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ATTACHMENT'S
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THE CORPORATION OF TIlE MUNICIPALITY OF CLARlNGTON
BY-LAW NUMBER 2000.
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
former Town of Newcastle
WHEREAS, the Council of the Corporation of the Municipality ofClaringtoh deems it advisable
to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to
implement ZBA 99-019;
'lOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of CIa ring ton enacts as [ol1o\\ls:
1. Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the
zone category from:
"Urban Residential Type Two - Special Exception (RZ-l 0)" to "Urban Residential Type
One - Special Exception (RI-40)";
"Holding. Urban Residential Type One - Special Exception ((H)RI-39" to
"Urban Residential Type Two - Special Exception (R2-IO)";
"Holding. Urban Residential Type Four - Special Exception ((H)R4-16)" to
"Urban Residential Type One. Special Exception (R1-40)"
"Holding - Urban Residential Type Four - Special Exception ((H)R4-16" to
"Urban Residential Type Two ~ Special Exception (R2~ 1 0)".
"Holding - Urban Residential Type One - Special Exception ((H)RI-39)" to
"Urban Residential Type One - Special Exception (RI-40)",
2. Section 15.4 "Special Exceptions - Urban Residential Type Four (R4) zonet! is hereby
amended by deleting Special Exception 15.4.16 Urban Residential (R4-16) Zone,
3. Schedule "A" attached hereto shall form part of this By-law,
4. This By-law shall come into effect on the date of passing hereof, subject to the provisions
of Section 34 of the Planning Act.
BY-LAW read a first time this day of
2000.
BY-LAW read a second time this day of
2000,
BY.LAW read a third time and finally passed this day of
2000.
MAYOR
CLERK
638
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This is Schedule "A" to By-law 2000- ,
passed this day of ,2000 A.D.
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ZONING CHANGE FROM "(H)R1-39" TO "R1-40"
ZONING CHANGE FROM "R2-1 0" TO "R1-40"
ZONING CHANGE FROM "(H)R4-16" TO "R1-40"
ZONING CHANGE FROM "(H)R1-39" TO "R2-1 0"
ZONING CHANGE FROM "(H)R4-16" TO "R2-1 0"
ZONING TO REMAIN "R2-10"
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