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PSD-009-20
Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Date of Meeting: April 6, 2020 Report Number: PSD-009-20 Submitted By: Faye Langmaid, Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO Resolution#: JC-016-20 File Number: S-C 2005-0004, ZBA 2020-0002 By-law Number: Report Subject: Applications by Brookfield Residential (Ontario) Ltd. for a redline Revision to a Draft Approved Plan of Subdivision and Rezoning, east side of Regional Road 17, Newcastle Recommendations: 1. That Report PSD-009-20 be received; 2. That the application by Brookfield Residential (Ontario) Ltd. for a redline Revision to Draft Approved Plan of Subdivision and Rezoning, east side of Regional Road 17, Newcastle continue to be processed; 3. That once Statutory Public meeting decision timeframes come back into effect a recommendation report will be brought back for decision; and 4. That all interested parties listed in Report PSD-009-20 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-009-20 Report Overview Page 2 The Municipality is seeking the public's input to an application for a Redline Revision to a Draft Approved Plan of Subdivision and a Zoning By-law Amendment, submitted by Brookfield Residential (Ontario) Ltd. for minor lot line adjustments. The subdivision was previously approved and permits 268 single detached dwellings on the east side of Regional Road 17, Newcastle. Should no major concerns from the public be raised at the Public Meeting Council could approve the zoning by-law amendment. 1. Application Details Owner: Brookfield Residential (Ontario) Ltd. Applicant: Candevcon East Limited Proposal: Redline Revision to a Draft Approved Plan of Subdivision • to introduce "window streets" along the Regional Road 17 frontage, and eliminate two walkway connections from an internal street to Regional Road 17; • to replace the 6.6 metre dual frontage townhouse dwellings with 7.6 metre street townhouses units and other minor lot line adjustment; and • to replace the road widening along Regional Road 17 with a grading buffer to address the grade differences. Zoning By-law Amendment • To rezone the lands "Holding -Urban Residential Exception ((H) R1-86), and "Holding -Urban Residential Exception ((H) R3-46) to permit the proposed redline revision. Number of units: Draft Approved 270 unit - Proposed 268 units Area: 35 hectares Location: 675 and 755 Regional Road 17, Newcastle (see Figure 1) Roll Number: 18-17-030-030-04105 Within Built Boundary: No Municipality of Clarington Report PSD-009-20 Page 3 CONCESSION ROAD 3 N _R M 0 Z n a • 1 J a z o W Area Subject To Applications 'F _ - Park e 4 A_ SC 2005-0004 ZBA 2020-0002 Figure 1- Area subject to applications outlined in red 2. Background 2.1 Brookfield Residential (Ontario) Ltd. (Brookfield) and the abutting subdivision by Smooth Run Developments (Smooth Run) received Draft Approval in 2012. The subject draft Municipality of Clarington Report PSD-009-20 Page 4 plan was approved for 270 residential units consisting of 62 semi-detached dwellings, 139 single detached units, 34 street townhouse units, and 35 dual frontage townhouse units which front onto Regional Road 17. 2.2 The proposed redline revision to the draft approved plan only affects a portion of the draft approved plan abutting Regional Road 17 shown in red on Figure 1. The changes are required to address significant grading differences between Regional Road 17 and the residential development. The proposed draft plan revisions include: the introduction of 15 metre wide "window streets" along the Regional Road frontage, which eliminates two walkway connections from the internal streets to Regional Road 17; • the replacement of the 6.6 metre dual frontage townhouse dwellings with 7. 6 metre street townhouses units and other minor lotting and lot line revisions; the road widening along Regional Road 17 has been replaced with a landscape buffer to address the grade differences; and the zoning by-law amendment is required to reflect the change to the draft approved plan. 2.3 These changes affect only 54 lots and results in an overall reduction in residential units in this draft plan from 270 to 268 units. See Figure 2 Municipality of Clarington Report PSD-009-20 s E PARK mill Draft Approved Plan of Figure 2 — Draft Approved Plan (left) Page 5 Proposed Redlined Revisions (right) 3. Land Use Characteristics and Surrounding Uses 3.1 The subject lands are currently vacant and are being cultivated. The lands rise to the north-east from Regional Road 17. 3.2 The surrounding uses are as follows: North - Cultivated lands, single detached dwellings and accessory buildings, which received draft approval for 25 lots in 2019. South - Cultivated lands, Draft Approved Plan of Subdivision by Smooth Run Developments. Municipality of Clarington Page 6 Report PSD-009-20 East -Cultivated lands, Draft Approved Plan of Subdivision by Smooth Run Developments. West - Existing rural residential development. 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement encourages planning authorities to create healthy, livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. New development shall occur adjacent to built-up areas, shall have compact form and a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. Provincial Growth Plan 4.2 The Provincial Growth Plan encourages Municipalities to manage growth by directing population growth to settlement areas, such as the Newcastle Urban Area. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. 4.3 The development allows for the efficient use of land, infrastructure and public services and is consistent with the Provincial Policy Statement and the Growth Plan. The Growth Plan requires municipalities to achieve a minimum density target that is not less than 60 residents and jobs combined per hectare in the designated greenfield area and is measured across the Region of Durham. The proposed development is part of a neighbourhood where various housing types will be accommodated as development proceeds. Municipal water and sanitary sewers and transit will be made available to the site in the future. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the lands as Living Areas. Lands designated as Living Area permit the development of communities incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The proposed development conforms with the Living Area designation. Municipality of Clarington Report PSD-009-20 Clarington Official Plan Page 7 5.2 The lands are designated Urban Residential. The Urban Residential designation is predominately intended for housing purposes. Other uses may be permitted which by the nature of their activity, scale, design and location are supportive of and compatible with residential uses. 5.3 An approved Neighbourhood Design Plan will continue to provide guidance for the development of neighbourhoods unless superseded by a Secondary Plan. Only the north portion of the North Newcastle Neighbourhood requires a Secondary Plan, currently under way, prior to considering any applications for development. 5.4 The policies require new residential development and emerging neighbourhoods to be designed to provide for a variety of housing types and supportive land uses, including commercial and community facilities and encourage accessible, walkable neighbourhoods that prioritize pedestrians over cars and provide for a variety of uses. Neighbourhood Design Plan 5.5 The proposed changes are a minor deviation from the approved Neighbourhood Design Plan (NDP) with the introduction for window streets and minor changes to the lotting pattern. The location of major road, stormwater facilities, schools, parks and parkettes are not affected. See figure 3 Municipality of Clarington Report PSD-009-20 Page 8 1 � I - � I �I �I 16a 6 I z � � I 1 i r + I I I / � . NMEN 1 I SLOJEC TO (A susiECT ro li1 FUTUR e F-- i-. -- -,- : I . l ` ' 17 TT-��j �---- ♦ I � JI ��_�1 Figure 3 - Lands owned by Brookfield in the North Village Neighbourhood Design Plan Municipality of Clarington Report PSD-009-20 6. Zoning By-law Page 9 6.1 Zoning By-law 84-63 zones the subject lands "Holding -Urban Residential Exception ((H) R1-86)", and "Holding -Urban Residential Exception ((H) R346)". 6.2 A Zoning By-law Amendment is required to support the proposed changes to the Draft Approved Plan. 7. Public Notice and Submissions Public Meeting notice was mailed to area residents, the public notice sign was displayed on the subject property and details of the application were included in the Planning Services Department E-update. At the time of writing the report, no inquiries have been received. 8. Agency Comments Engineering Services 8.1 The Engineering Services Department does not have concerns with the proposed changes to the draft plan. Staff has been in discussions with the applicant and have agreed to review the changes in conjunction with the revised engineering submission. Engineering Services has advised that the Brookfield and Smooth Run have jointly applied for a site alteration permit. Both developers intend to begin earth works in the summer of 2020. Emergency and Fire Services 8.2 The Emergency and Fire Services Department offer no objections. Operations Department 8.3 The Operations Department offer no objections. Kawartha Pine Ridge District School Board 8.4 The Public School Board offered no objection to the changes to the draft approved plan or the proposed zoning by-law amendment, subject to the inclusion of warning clauses in Agreements of Purchase and Sale for homeowners regarding school bus pick up points and despite a school site being reserved in adjoining draft plan (Smooth Run), a school may not be built for some time, if at all, in which case students from this area may have to attend existing schools. 8.5 Comments have not been received from the Region of Durham, Ganaraska Region Conservation Authority and the separate school board. Municipality of Clarington Report PSD-009-20 9. Discussion Page 10 9.1 There is a significant grade difference between Regional Road 17 and the subject site. Based on the engineering details available at the time of the original application the draft approved plan showed townhouses with dual frontages on Regional Road 17 and an internal public road. See Figure 2. To make up the grade, the townhomes proposed to have garages facing the internal road, and front doors facing Regional Road 17 at a lower level. The townhouse blocks would be quite high relative to Regional Road 17 and the proposed sidewalk. This created a less desirable streetscape and pedestrian relationship between the street and townhouse blocks. In addition, the original draft approved plan had two walkways from the internal road to Regional Road 17. Given the grades the walkway would be steep and not accessible and difficult to maintain. 9.2 The developer and consultant are now undertaking detailed engineering design work and have been able to better address the design of the streets abutting Regional Road 17. The proposed changes allow for the townhouse blocks to face the window street, which is more open, and the grade change would be less significant and taken up through a landscape strip, allowing for overall better urban design, pedestrian access and townhouse models. 9.3 Development of this draft plan cannot proceed in isolation of the abutting draft approved plans. Its development is dependent on the servicing, stormwater management, grading and road patterns on these abutting lands as shown in the neighbourhood Design Plan contained in Figure 3. 9.4 The lands to the north, which currently supports the existing single detached dwelling and accessory buildings are outside of the Neighbourhood Design Plan. They will be subject to a Secondary Plan in keeping with the Clarington Official Plan, which is currently under way. 9.5 Although comments are outstanding from the Region of Durham and the Ganaraska Region Conservation Authority, Staff do not anticipate comments that would require major changes to the proposal. The proposed changes are minor in nature and represent an improvement over the original draft plan. These changes are supported by staff. The applicants are working on the engineering approvals and are anxious to enter into the appropriate development agreements with the Municipality and the Region to facilitate development in 2021. Staff are recommending that the zoning by-law be passed, provided there are no significant concerns from the public are raised. Should there be comments from the outstanding agencies that require changes to the proposed amendment to Draft Approval, the Director of Planning Services can make those changes under the delegated authority empowered by By-law 2001-072. Municipality of Clarington Report PSD-009-20 10. Conclusion Page 11 In consideration of the departmental comments and based on review of the proposal, staff recommend approval of the proposed redlined revision to the draft approved plan of subdivision (Attachment 1), the amended draft conditions (Attachment 2) and Zoning By- law amendment (Attachment 3). Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or cstrike(a)clarington.net Attachment 1: Proposed Amendment to the Draft Plan of Subdivision Attachment 2: Proposed Amending Conditions of Draft Approval Attachment 3: Zoning By-law The following is a list of the interested parties to be notified of Council's decision: Scott Waterhouse, Candevcon East Limited Jennifer Haslett, Brookfield Homes Attachment 1 to Report PSD-009-20 I I I I G C I � o- _ SSI 2.95 N7639'OS"W CON E6NROADI-- -g0 - N 73' 09' 55" E N73 35'30"E N 72' O7' 70" E 97�5 795.93 4.210 - dt!q Np I 1/ 1 �M ILn oN I� I BLO 1 176 (LID 2 [7 9.6I 11.6 13.1 13.1 13.1 11.6 19�6 11.6 2Q.1 I N 6 H� 2 .a I ■ _ - - r- 00 1 5 144 1 a 143 1�3. 142 141 140 1'� 139 13$ 1 13 `O - - _ M■ O O O ■ q� J7 x 28.0 15.0 1 1 . I BLOCK M I �°n° 11 5■ O O O O O 0 M■ 7T.H.z 12 - - B L 0 I1:175 I I Ti-7 Tta 'P% T9--Q T2-1. 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PROPOSED REDLINE REVISIONS TO DRAFT APPROVED PLAN OF SUBDIVISION SC-2005-004 PART OF LOT 28, CONCESSION 2 MUNICIPALITY OF CLARINGTON (GEOGRAPHIC TOWNSHIP OF CLARKE, FORMERLY VILLAGE OF NEWCASTLE) REGIONAL MUNICIPALITY OF DURHAM SCHEDULE OF LAND USES: LOW DENSITY RESIDENTIAL 0 9.8 +m FRONTAGES - LOTS (31 LOTS/62 UNITS) (LINKED DETACHED DWELLINGS) 100 LOTS/100 UNITS) 11OETACHEDN DWELLINGSTAGES - ) LOTS 13.1+m FRONTAGES - LOTS (50 LOTS/50 UNITS) (DETACHED DWELLINGS) 181 LOTS /212 UNITS TOTAL # LOW DENSITY LOTS/UNITS TOTAL AREA LOW DENSITY RESIDENTIAL = - 7.93 ha MEDIUM DENSITY RESIDENTIAL �0.88ha 7.6+m FRONTAGES - BLOCKS 18'f7712-19� U a (56 UNITS) (STREET TOWNHOUSES) = ha 1.44 ha 56 UNITS TOTAL # MEDIUM DENSITY UNITS TOTAL AREA MEDIUM DENSITY RESIDENTIAL = a- 1.44 ha TOTAL # UNITS RESIDENTIAL (268 UNITS) TOTAL AREA RESIDENTIAL �49-ha 9.37 ha 190-196 PART LOTS - BLOCKS 8 = a 0.66 ha PART BLOCKS 197-200 (STREET TOWNHOUSES) - = 0.33 ha K�--1 � - 201 PARK - BLOCK T9� = 0.51 ha FUTURE DEVELOPMENT - BLOCK T9�202 = 18.98 ha ,119 - BLOCK M 203 = 0.16 ha GRADING BUFFER ROADS 15.Om R.O. W. - 283 m 18.Om R.O. W. - T5bSrr-1370m 20.Om R.O.W. - 610m 677m 4.86 ha 23.Om R.O. W. - 285 m = �83-4 - TOTAL AREA OF SUBMISSION - 34.87 ha+/ - ADDITIONAL INFORMATION UNDER THE PLANNING ACT Under section 51(17) of The Planning Act H) Piped municipal water supply information required by clauses A,B,C,D,E 1) Sandy, Clay FIG, & J shown on Draft and Key plans. K) All municipal services required L) As shown OWNER'S CERTIFICATE SURVEYOR'S CERTIFICATE WE, THE REGISTERED OWNERS OF THE I HEREBY CERTIFY THAT THE BOUNDARIES SUBJECT LANDS, HEREBY AUTHORIZE OF THE LAND TO BE SUBDIVIDED AND THEIR CANDEVCON EAST LTD. TO PREPARE AND RELATIONSHIP TO THE ADJACENT LANDS ARE SUBMIT A REVISED DRAFT PLAN OF ACCURATELY AND CORRECTLY SHOWN ON SUBDIVISION FOR APPROVAL. THIS PLAN. BROOKFIELD RESIDENTIAL J.D. BARNES LTD. (ONTARIO) LIMITED ONTARIO LAND SURVEYORS SIGNED "ON FILE" SIGNED "ON FILE" SCOTT COONS, O.L.S. DATE FEB. 12, 2020 DATE "ON FILE" No. BY DATE DESCRIPTION 6 B.J. MAR. 2011 SIXTH SUBMISSION 7 S.W. FEB. 202O REVISIONS TO DRAFT APPROVED PLAN SC-2005-004 v V 0 45 90 NORTH VILLAGE BROOKFIELD CANDEVCON EAST LIMITED coNsmrwc rxcixrres & aw+Nres 1600 STELLAR DRIVE, SUITE 402 WHITBY, ONTARIO L 1 N 9B2 TEL. (289) 315-3680 FAX (905) 794-0611 PROJECT No. DRAWN BY : M.G. CHECKED BY : S.W. E19044 DRAWING No. SCALE: 1:1500 DATE: FEBRUARY 2020 DP-7 FILE: E19044-DP.dwg Attachment 2 to Report PSD-009-20 AMENDMENT TO THE CONDITIONS OF DRAFT APPROVAL DRAFT PLAN OF SUBDIVISION S-C 2005-004 (Brookfield Homes) Issued for Review: March 24, 2020 Notice of Decision: Amendment Approved: The Conditions of Draft Approval dated October 19, 2012 and as amended on May 7, 2018, are hereby amended as set out below. 911. Plan Identification shall be removed in its entirety and replaced with the following: The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C 2005-0004, prepared by Candevcon East Limited, identified as Project Number E19044, original submission dated March 2011 by Sernas and Associates identified as Project Number 04320 and draft approved by the Ontario Municipal Board on October 19, 2013, now illustrates 268 residential units consisting of 150 single detached units, 62 semi-detached units, 56 street townhouse units, parkette, 0.3 metre reserves, grading buffer strip. 2. Deleted the following bullet from condition 10: "proposed walkway (Block 194) is required for overland flow" 3. Delete Conditions 41 and 42 in their entirety and renumber the balance of the conditions accordingly. Attachment 3 to Report PSD-009-20 Corporation of the Municipality of Clarington By-law Number 2020- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 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 Municipality of Clarington for ZBA 2020-0002; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule `5' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential Type One (R1)" to "Holding - Urban Residential Type Exception (H)(R1-86) Zone", "Urban Residential Type One (R1)" to "Holding - Urban Residential Type Exception (H)(R3-44) Zone", "Holding - Urban Residential Type Exception (H)(R1-86) Zone" to "Holding - Urban Residential Type Exception (H)(R3-44) Zone" , "Holding -Urban Residential Type Exception (H)(R3-46) Zone" to "Holding - Urban Residential Type Exception (H)(R3-44) Zone" as illustrated on the attached Schedule `A' hereto. 2. Schedule `A' attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. By -Law passed in open session this day of ,20 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk Attachment 3 to Report PSD-009-20 This is Schedule "A" to By-law 2020- , passed this day of , 2020 A.D. 816 796 786 776 766 758 746 734 714 704 688__L_____�94 684 680 656 618 A - a O 67 5 755 ITE T7 —E il� A © Zoning Change From "(H)R1-86" To "(H)R3-44" N Zoning Change From "(H)R3-46" To "(H)R3-44" w, . r; Zoning Change From "RV To "(H)R3-44" s Zoning Change From "RV To "(H)R1-86" Zoning To Remain "(H)R1-86" Newcastle - ZBA 2020-0002 • Schedule 5 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk