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Report To: Planning and Development Committee
Date of Meeting: May 19, 2020 Report Number: PSD-014-20
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO Resolution#: PD-066-20
File Number: S-C 2005-0004, ZBA 2020-0002 By-law Number:
Report Subject: Public Meeting - 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-014-20 be received;
2.That provided there are no major concerns from the public at the Public Meeting, the
application for redline revision to Draft Approved Plan of Subdivision submitted by
Brookfield Residential (Ontario) Limited for lot adjustments be supported subject to
conditions as contained in Attachment 2 of Report PSD-014-20;
3.That the Zoning By-law Amendment application submitted by Brookfield Residential
(Ontario) Limited be approved and that the Zoning By-law as contained in Attachment 3
of Report PSD-014-20 be passed;
4.That once all conditions contained in the Clarington Official Plan with respect to the
removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the
(H) Holding Symbol be approved;
5.That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD-014-20 and
Council’s decision; and
6.That all interested parties listed in Report PSD-014-20 and any delegations be advised of
Council's decision.
Municipality of Clarington Page 2
Report PSD-014-20
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
Report Overview
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 it is recommended the red-line revisions to Draft Approval be supported and the
zoning by-law amendment be approved.
Municipality of Clarington Page 3
Report PSD-014-20
Figure 1- Area subject to applications outlined in red
Municipality of Clarington Page 4
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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
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 a nd 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. A “window street” runs parallel to an arterial road,
allowing pedestrian connections to the main road, but not vehicular connections. See
Figure 2
Municipality of Clarington Page 5
Report PSD-014-20
Figure 2 – Draft Approved Plan (left) 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
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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 Page 7
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Clarington Official Plan
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 requ ires 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 us es, including
commercial and community facilities and encourage accessible, walkable
neighbourhoods that prioritize pedestrians over cars and provide for a variety of uses. Mill
Street, Regional Road 17 is designated as a Type B Arterial.
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. The changes are considered minor and an amendment to Neighbourhood
Design Plan is not deemed to be warranted. See Figure 3.
Municipality of Clarington Page 8
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Figure 3 - Lands owned by Brookfield in the North Village Neighbourhood Design Plan
Municipality of Clarington Page 9
Report PSD-014-20
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands “Holding-Urban Residential Exception ((H)
R1-86)”, and “Holding-Urban Residential Exception ((H) R3-46)”.
6.2 A Zoning By-law Amendment is required to support the proposed changes to the Draft
Approved Plan.
7. Public Notice and Submissions
7.1 The Statutory Public Meeting was initially scheduled for April 6, 2020. Notice was mailed
on March 12, 2020, prior to the declaration of the Provincial Emergency, and the
restrictions for public gathering. The report was heard via teleconferencing however did
not meet the requirements of the Planning Act for holding a Statutory Public Meeting.
Subsequently, the Province did amend the Emergency Declaration to permit virtual public
meetings hence this Second Public Meeting.
7.2 Public Meeting notice was mailed to area residents, the Public Notice sign was displayed
on the subject property. The details of the application were included in the Planning
Services Department E-update.
7.3 At the time of writing the report. one inquiry was received. The individual requested
clarification on the term window street, only.
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.
Municipality of Clarington Page 10
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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 Durham Region provided comments advising that additional road widening was not
required. However, a ‘buffer’ block along Regional Road 17 with a proposed 3:1 slope
(i.e. in accordance to Municipal standards) would be needed as provided on the red-line
revised plan. The conditions of Draft Approval previously imposed remain applicable
8.6 Comments have not been received from the Ganaraska Region Conservation Authority
and the separate school board.
9. Discussion
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 a n
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 Smooth Run
Draft Approved and a second Brookfield Draft Approved plan. 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
Municipality of Clarington Page 11
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to a Secondary Plan in keeping with the Clarington Official Plan, which is currently under
way.
9.5 Although comments are outstanding from the Ganaraska Region Conservation Authority,
there are no significant changes proposed to how stormwater is addressed and the site
does not have any natural heritage features. Staff do not anticipate comments that would
require changes to the conditions or 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.
10. Conclusion
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@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
N
Street 'A'Street 'B'Street 'L'
Street 'H'
Street 'H'
Street 'A'
Street 'K'
Street 'J'
Street 'J'Street 'D'Street 'D'Street 'B'Street 'G'Street 'L'Street 'A'
Street 'Q'
Street 'F'Str.'R'Str.'S'Street 'C'Street 'M'Street 'P'Street 'E'Street 'N'Street 'O'Street 'N'SS S S S
SSS
S S S
SSS
S S S
S S
S S SSSSSSSSSSSSSSSStr.'T'Street 'O'SS
Street 'G'
Street 'F'
Street 'F'
Street 'D'Street 'E'
Street 'D'Street 'H'Street 'C'Street 'I'Street 'A'Street 'B'STREET A
OTHER LANDS OWNED
BY APPLICANT
Street 'D'
CONCESSION ROAD 3
HIGHWAY 35/115REGIONAL ROAD 17 (NORTH STREET)CANDEVCON EAST LIMITED
KEY PLAN
E19044
DP-7
PROPOSED
OF SUBDIVISION SC-2005-004
PART OF LOT 28, CONCESSION 2
(GEOGRAPHIC TOWNSHIP OF CLARKE,
FORMERLY VILLAGE OF NEWCASTLE)
REGIONAL MUNICIPALITY OF DURHAM
MUNICIPALITY OF CLARINGTON
REDLINE REVISIONS TO
DRAFT APPROVED PLAN
SCHEDULE OF LAND USES:
SURVEYOR'S CERTIFICATEOWNER'S CERTIFICATE
I HEREBY CERTIFY THAT THE BOUNDARIES
THIS PLAN .
ACCURATELY AND CORRECTLY SHOWN ON
RELATIONSHIP TO THE ADJACENT LANDS ARE
OF THE LAND TO BE SUBDIVIDED AND THEIR
ONTARIO LAND SURVEYORS(ONTARIO) LIMITED
DATE
SIGNEDSIGNED
DATE
BROOKFIELD RESIDENTIAL J.D. BARNES LTD.
ADDITIONAL INFORMATION UNDER THE PLANNING ACT
Under section 51(17) of The Planning Act
information required by clauses A,B,C,D,E
F,G, & J shown on Draft and Key plans.K) All municipal services required
I) Sandy , Clay
H) Piped municipal water supply
L) As shown
WE , THE REGISTERED OWNERS OF THE
SUBJECT LANDS, HEREBY AUTHORIZE
CANDEVCON EAST LTD. TO PREPARE AND
SUBMIT A REVISED DRAFT PLAN OF
SUBDIVISION FOR APPROVAL.
NORTH VILLAGE
BROOKFIELD
SCOTT COONS, O.L.S.
Attachment 1 to Report PSD-014-20
Attachment 2 to Report PSD-014-20
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: ________________
1. The Conditions of Draft Approval dated October 19, 2012 and as amended on May 7,
2018, are hereby amended as set out below.
“1. 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:
“proposed walkway (Block 194) is required for overland flow”
3. Delete Conditions 41 and 42 in their entirety.
Attachment 3 to Report PSD-014-20
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-014-20