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HomeMy WebLinkAboutPDS-004-21Clarington 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: Planning and Development Committee Date of Meeting: January 11, 2021 Report Number: PDS-004-21 Submitted By: Reviewed By: File Number: Faye Langmaid, Acting Director of Planning and Development Services Andrew C. Allison, CAO ZBA2020-0013 Resolution#: PD-021-21 By-law Number: 2021-008 Report Subject: Lindvest Properties (Clarington) Limited proposed Red Line Revisions to a Draft Approved Plan of Subdivision and Rezoning North-east corner of Grady Drive and Rudell Road, Newcastle Recommendations: 1. That Report PDS-004-21 be received; 2. That the red -lined revision to a Draft Approved Plan of Subdivision submitted by Lindvest Properties (Clarington) Limited to alter the lot frontages and road layout, be supported subject to the conditions contained in Attachment 1 to Report PDS-004-21; 3. That the application to amend Zoning By-law 84-63 be approved and that the Zoning By-law Amendment in Attachment 2 to Report PDS-004-21 be passed; 4. That once all conditions contained in the 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 PDS-004-21 and Council's decision; and 6. That all interested parties listed in Report PDS-004-21 and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-004-21 Report Overview Page 2 This report recommends approval of red -lined revisions to a Draft Approved Plan of Subdivision and Zoning By-law Amendment submitted by Lindvest Properties (Clarington) Limited. The red -lined revisions include increasing the lot frontage of several lots north and south of Whitehand Drive, and changes to the road pattern. The Zoning By-law Amendment would implement the changes to the lot frontages and increase the lot coverage for several lots. 1. Application Details 1.1 Owner/Applicant: Lindvest Properties (Clarington) Limited 1.2 Agent: Michael Fry, D.G. Biddle & Associates 1.3 Proposal: Red -Line Revision to Draft Approved Subdivision The red -lined revisions include increasing the lot frontage of several lots north and south of Whitehand Drive. All lots will have a minimum of 11.3 metres of frontage. The road network north of Whitehand Drive will be altered. The proposal will result in 6 additional lots, in this final phase of development. Zoning By-law Amendment The Zoning By-law Amendment is to permit the proposed changes to the lot frontages and increase lot coverage from 40% to 45% for 2 storey dwellings and from 45% to 50% for one storey and bungaloft dwellings. 1.4 Area: 8.1 Ha. (20 acres) 1.5 Location: North-east corner of Grady Drive and Rudell Road, Newcastle 1.6 Roll Number: 18-17-030-130-15331 1.7 Within Built Boundary: No Municipality of Clarington Report PDS-004-21 Page 3 Subject Property C�nadiahfpdC �i \\S 0 115 114 n M r0 m 10fi 195 11 • .� 102 1101 5 98 97 1 94 93 19 96 89 23 86 A, 1 882 r m Lo n V cn o) v r �O tp N N O cn N N �D CO -3 � 'Ill Illy �t n1i�L"J ll L"JLr�V_I V l i m r /Na;m��� 98 99 ' 164 2235 `h `� `h ni c' � � 94 95 .160 2225 90 91 156 ��-4 2215 86 87 _ 152- r� 220" LoP w.. 8�` 83 146 w ° S .2195 79 144 Figure 1: Subject Property 2. Background 2.1 In March 2004, approval was granted for the Foster Creek North Neighbourhood Design Plan and two draft plans of subdivision for a total of 540 residential units (18T-89059 and S-C-2000-001). An amendment was approved in October 2006 to increase the number of units to 665. 2.2 Three phases of the subdivisions have been registered and are fully occupied. The former school block, Draft Approved in 2018, and the subject lands are the remaining lands to be developed. 2.3 In March 2019, the applicant was granted an extension to Draft Approval to 2025. The extension was required to suit the Region's timetable for the design and construction of Municipality of Clarington Report PDS-004-21 Page 4 the necessary infrastructure to service the remaining units. The earliest opportunity to commence house construction is 2023. 2.4 In June 2020, the applicant submitted applications for Red -Line revision to the Draft Approved Plan of Subdivision and a Zoning By-law Amendment to facilitate an alternate road pattern, lot frontage and sizes and to increase lot coverage from 40% to 45% for 2 storey dwellings and from 45% to 50% for one storey and bungaloft dwellings. 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are currently vacant and have been used as a construction marshalling area (i.e. trailers and parking) for the previous phases of the subdivision and to stockpile excess soils on a temporary basis. The lands were previously used for agriculture. Figure 2: Subject lands looking north from the end of Rudell Road. Municipality of Clarington Report PDS-004-21 3.2 The surrounding uses are as follows: North - Canadian Pacific Rail Corridor and Agricultural lands South - Single detached dwellings East - Rickard Neighbourhood Park and single detached dwellings West - Vacant lands, Foster Northwest Draft Approved Plan of Subdivision 4. Provincial Policy Provincial Policy Statement Page 5 4.1 The Provincial Policy Statement encourages planning authorities to create healthy, livable and safe communities by accommodating an appropriate range and mix of housing types and development patterns, while making efficient use of land and infrastructure. 4.2 Healthy and active communities should be promoted by planning public streets to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. 4.3 The subject applications are consistent with the Provincial Policy Statement. Provincial Growth Plan 4.4 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 by promoting a diverse mix of land uses, a mix of employment and housing types, high quality public open space and easy access to local stores and services. 4.5 The subject applications conform to the Growth Plan. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the lands as Living Areas. Lands designated 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. 5.2 The proposed development conforms with the Durham Region Official Plan. Clarington Official Plan Municipality of Clarington Page 6 Report PDS-004-21 5.3 The Clarington Official Plan designates the lands as Urban Residential. The subject lands are within the Foster Neighbourhood. The Urban Residential designation shall predominantly be used for housing purposes, providing for a variety of densities, tenure and types. Neighbourhoods are to be walkable, compact, connected and create a high - quality public realm. The proposed development will integrate into the surrounding community and be consistent with the neighbourhood identity that surrounds it. 5.4 The proposal conforms to the Clarington Official Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands "Holding - Urban Residential Exception ((H)R2-44)", "Holding - Urban Residential Exception ((H)R2-45)", and "Holding - Urban Residential Exception ((H)R1-67)". The current zoning was approved when the subdivision was approved in 2004. 6.2 A zoning by-law amendment is required to allow for the altered lot frontages and the increased lot coverage on the specific lots as contained in Attachment 2 of this report. 7. Public Notice and Submissions 7.1 A statutory Public Meeting was held on October 5, 2020. Staff received two inquiries for additional information but no additional comments regarding the application were received. 8. Agency Comments Regional Municipality of Durham 8.1 Comments from Durham Region Planning, Works and Transit Departments have no objections with the proposed alteration to the road pattern, the lot pattern and changes to the lot frontages or with the proposed increase in lot coverage. The Region has indicated they will require an updated noise report as part of the amended Conditions of the Draft Approval, which has been included as a condition. Ganaraska Region Conservation Authority 8.2 The Ganaraska Region Conservation Authority has no objections with changes to the road pattern, the lot pattern and frontages or with the proposed increase in lot coverage. Canadian Pacific Rail 8.3 Canadian Pacific Rail had no comments or concerns with the proposed changes to the road pattern or the lot pattern and frontages or with the proposed increase in lot coverage. Municipality of Clarington Report PDS-004-21 Ministry of Transportation Page 7 8.4 The Ministry of Transportation had no concerns with the proposal. Nothing other than soft landscaping can be within the Ministry's 14 metre setback from Highway 35/115. 8.5 The required acoustical noise fencing will be outside of the 14 metre setback. 9. Departmental Comments Public Works — Infrastructure Division 9.1 The Infrastructure Division of the Public Works Department has reviewed the proposed revisions to the increase in the number of lots and the increased lot coverage requested and have no objections. The applicant was required to provide updated stormwater data to justify the increased lot coverage and the additional 6 lots. The additional information is satisfactory. Emergency and Fire Services 9.2 The Emergency and Fire Services Department have no objections to the proposed application. Building Division 9.3 The Building Division has no objections to the proposed application. 10. Discussion 10.1 The proposed redline revisions to the final phase of a Draft Approved Plan of Subdivision of 2004 will alter the road network by extending a road across the north part of the entire phase, increasing circulation and connectivity through the subdivision. The red line revisions will eliminate the 15-metre single detached dwelling lots south of Whitehand Drive, replacing them with 11.3 metre frontage single detached dwelling lots. The elimination of the 15 metre lots reduces the lot frontage variation within this phase of the subdivision as the majority of the lots will have a 11.3 metre frontage. The 11.3 metre frontage allows for a two car garage and double wide driveway. The applicant has proposed the changes in response to current market conditions. 10.2 The unopened portion of the right-of-way for Rudell Road currently extends to the south limits of Highway 35/115. The applicant has shown proposed lots but they are not part of these applications. This will require an application for the closure and conveyance of the Rudell Road right-of-way sometime in the future. Municipality of Clarington Page 8 Report PDS-004-21 10.3 The Conditions of Draft Approval require the dwellings to be situated outside of the Canadian Pacific Railway (CP) corridor and Ministry of Transportation (MTO) corridor shown in blue and yellow on Figure 3, respectfully. CP requires noise attention fencing adjacent to the CP right of way. The noise fencing will connect to existing noise fencing located in the previous phase to the east, on Noden Crescent. 10.4 There is a significant grade difference between the MTO and CP overpass and proposed Lots 55 to 63. The overpass is higher than the proposed lots. To avoid a high noise fence along Lots 55 to 63, approximately 4 metres, a noise barrier is proposed connected to the dwelling into the rear yard, as shown on Figure 4. The height of this fence ranges between 2 and 3 metres. This provides an amenity area directly adjacent to the dwelling and still provides full access to the rear yard. This option meets the Ministry of Environment, Parks and Conservation criteria for noise attenuation for residential uses adjacent to railway and highway corridors. The design of these fences will be included in the detailed engineering submission and the appropriate warning clauses will be added into the subdivision agreement. 10.5 There are no objections to the proposed red line revisions to the draft approved plan of subdivision or rezoning. The proposed changes provide for better connection throughout the neighbourhood and are in keeping the character of the previously developed phases of the subdivision. Municipality of Clarington Report PDS-004-21 Page 9 S 115 �jY r I I I I 1 1f`{_ 1 — I I I 1 I 1 I 1 1 I I 1 a I I , I 1 k I I a p � O I I I ____+____i F_--- a I I 1 I I F } 1 In I \ I f 3 I I I I I I I I I I I I I 1 I 0 I I I ---- � ----� i ---- Lots Requesting a ----+----{ ' ---- Inceased Lot 1 , I Coverage �© 14m MTO Setback � o e e • •• 30m Rail Setback Future Roads Figure 3: Lots with increased lot coverage and MTO & CP Rail setbacks Figure 4: Acoustical barrier fencing for Lots 55 to 63, shown in blue. Municipality of Clarington Report PDS-004-21 27 jq61'V y Figure 4: Acoustical barrier fencing for Lots 55 to 63, shown in blue. 11. Conclusion Page 10 ii 11.1 It is respectfully recommended that in consideration of all agency and staff comments that the applications for Red Line revisions to a Draft Approved Plan of Subdivision to alter the road pattern and lotting frontages be supported and that the Zoning By-law Amendment to change lot sizes and to increase lot coverage for several lots within the draft approved plan be passed as contained in Attachment 1 and 2 of this report be supported. Staff Contact: Brandon Weiler, Planner, (905) 623-3379 ext. 2424 or bweiler@clarington.net. Attachments: Attachment 1 — Amended Conditions to Draft Approval Attachment 2 — Draft Zoning By-law Interested Parties: List of Interested Parties available from Department. • Clar ngton Attachment 1 to Report PDS-004-20 Amendment to The Conditions of Draft Approval File Number 18T-89059 Lindvest Properties (Clarington) Limited Issued for Concurrence: December 17, 2020 Notice of Decision: Amendment Approved: Faye Langmaid, RPP, FCSLA Acting Director of Planning and Development Services Municipality of Clarington The Conditions of Draft Approval for 18T- 89059 as issued on October 16, 2006, and amended on September 16, 2014, October 16, 2006 and February 26, 2019 are further amended as follows: Condition 1 is deleted and replaced with the following: 1. The Owner shall have the final plan prepared on the basis of the approved draft plan of subdivision 18T-89059, prepared by Tunney Planning Inc. identified as project number Tun 562-1, and drawing number DP-4, dated September 2006, redlined revised, dated March 2014, and further redlined amended and prepared by D.G. Biddle & Associates Limited identified as project number 119091, revised September 2020, which illustrates 146 lots for single detached dwelling and new public roads and related services in Phases 5 and 6." 2. Condition 76 is amended as follows: "76. Prior to final approval, the Owner is required to submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of the Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. An updated letter from a Qualified Person (QP), which outlines the status of the current soil and groundwater conditions affecting the subject lands. The most recent environmental work the Region has on file is dated July 7, 2016, which exceeds the 18 months and is not considered current in accordance with the Provincial Brownfields Regulation (Ontario Regulation 153/04). 3. Condition 83 is deleted and replaced with the following: "83. The Owner shall agree to provide the Municipality of Clarington and the Region of Durham a revised Noise and Rail Vibration Report and implement the recommendations of the report. The report entitled "Traffic Noise and Rail Vibration Impact Study Draft Plan of Subdivision 18T-89059, Part Lots 29 and 20, Concession 2, Newcastle, Ontario", prepared by HGC Engineering, dated. Page 2 October 11, 2002, and as further updated by "Noise Impact Study Foster North" by HGC Engineering dated April 29, 2008, which specifies noise attenuation measures for the development shall be updated to reflect the new lot configuration and include the required noise attenuation fencing for Lots 55 to 63. The measures shall be included in the subdivision agreement and must also contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study." 4. Condition 88 is amended as follows: i) f) iv) is amended by adding the words "Municipality of Clarington" at the end of the sentence ii) "88 is amended by adding a new v) and vi) as follows. v) "Purchasers and tenants are notified that attendance at the public schools on accordance with continued development and accommodation pressures." vi) "Purchasers and tenants are notified that in accordance with Board Transportation policies school bus pick up points will generally be located on a through street at a location convenient to the Student Transportation Services of Central Ontario." iii) h) Owner agrees to implement those noise control measures recommended in the revised Noise Report required in Condition 79. iv) 1) The Owner agrees to install a noise attenuation barrier from the amenity space at the rear of the dwelling in accordance with the revised Traffic Noise and Rail Vibration Impact Study for lots 55 to 63. 4. Condition 89 is replaced with a new Condition 89 as follows: 89. (1) The Owner covenants and agrees to provide the Municipality of Clarington with evidence that satisfactory arrangements, financial and otherwise, have been made with Canada Post Corporation for the installation of Lockbox Assemblies as required by Canada Post Corporation and as shown on the approved engineering design drawings/Draft Plan, at the time of sidewalk and/or curb installation. The Owner further covenants and agrees to provide notice to prospective purchasers of the locations of Lockbox Assemblies and that home/business mail delivery will be provided via Lockbox Assemblies or Mailroom. Page 3 (2) The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision Lands and the provision of community mailbox locations, as follows: (a) The developer will consult with Canada Post to determine suitable permanent locations for the Community Mail Boxes or Lock box Assemblies (Mail Room). The developer will then indicate these locations on the appropriate servicing plans (b) The developer agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes or Lock Box Assemblies (Mail Room)., within the development, as approved by Canada Post. (c) The owner/developer will be responsible for officially notifying the purchasers of the exact Community Mailbox locations prior to the closing of any home sales with specific clauses in the Purchase offer, on which the homeowners do a sign off (d) The Builder/Owner/Developer will confirm to Canada Post that the final secured permanent locations for the Community Mailboxes will not be in conflict with any other utility; including hydro transformers, bell pedestals, cable pedestals, flush to grade communication vaults, landscaping enhancements (tree planting) and bus pads. (e) The developer agrees to include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Boxes or Lock Box Assemblies (Mail Room). The developer also agrees to note the locations of all Community Mail Boxes or Lock Box Assemblies (Mail Room)., within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Boxes or Lock Box Assemblies (Mail Room). (f) The owner/developer will agree to prepare and maintain an area of compacted gravel to Canada Post's specifications to serve as a temporary Community Mailbox location. This location will be in a safe area away from construction activity in order that Community Mailboxes may be installed to service addresses that have occupied prior to the pouring of the permanent mailbox pads. This area will be required to be prepared a minimum of 30 days prior to the date of first occupancy. (g) The owner/developer will install concrete pads at each of the Community Mailbox locations as well as any required walkways across the boulevard and any required curb depressions for wheelchair access as per Canada Post's concrete pad specification drawings. Page 4 (h) The developer agrees to provide the following for each Community Mail Boxes or Lock Box Assemblies, and to include these requirements on the appropriate servicing plans: (if applicable) - Any required walkway across the boulevard, per municipal standards. - If applicable, any required curb depression for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). 5. A new Condition 90 is added as follows: The Owner shall agree to provide engineering plans to the satisfaction of the Regional Municipality of Durham which shows the location of all transit -related infrastructure/facilities (including how it coordinates with proposed landscaping, driveway entrances and other facilities) within the subdivision. 6. Condition 89 is renumbered and replaced with a new Condition 91 and h) is added as follows: h) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1 P 5A1 I:\^DepartmE.. _abdivision\18Ts\18T-89059 - Lindvest\Amendment red line to D.A.- July 2020\Amendment to Draft Approval\Amendment to The Conditions of Draft Approval_17'Dec'2020.docx Attachment 2 to PSD-004-21 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2021- 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 ZBA2020-0013; Now Therefore the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 13.4 "Special Exceptions — Urban Residential Type Two (R2) Zone" is amended by adding Special Exception Zone 13.4.89 as follows: 13.4.89 Urban Residential Exception (R2-89) Zone" Notwithstanding Sections 13.2 a., b., c. ii. iii, e., and h. those lands zoned R2-89 on the Schedules to this By-law shall be subject to the following regulations: a. Lot Area (minimum) 350 square metres b. Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot C. Yard Requirements (minimum) Exterior Side Yard Interior Side Yard 11.3 metres 14.4 metres 6.0 metres to private garage or carport and 4.3 metres to dwelling With attached private garage of carport 1.2 metres on one side and 0.6 metres on the other side; without an attached private garage or carport 3.0 metres on one side and 0.6 metres on the other side Setback from railway property line 30 metres Attachment 2 to PSD-004-21 d. Lot Coverage One and a Half -Storey and Two Storey Dwelling (maximum) i) Dwelling 40 percent ii) Total 45 percent e. Lot Coverage Single -Storey Dwelling (maximum) i) Dwelling 45 percent ii) Total 50 percent f. Garage Requirements i) All garage doors shall be located no closer to the street line than the dwelling's front wall or exterior side wall or covered porch projection; ii) In no case shall the garage door be closer than 6.0 metres from the front lot line or exterior side lot line; and iii) The outside width of the garage shall be a maximum of 55% of the width of the lot frontage. 2. Section 13.4 "Special Exceptions — Urban Residential Type Two (R2) Zone" is amended by adding Special Exception Zone 13.4.90 as follows: 13.4.90 Urban Residential Exception (R2-90) Zone" Notwithstanding Sections 13.2 a., b., c. ii. iii, e., and h those lands zoned R2-90 on the Schedules to this By-law shall be subject to the following regulations: a. Lot Area (minimum) 350 square metres b. Lot Frontage (minimum) i) Interior Lot 11.3 metres ii) Exterior Lot 14.4 metres C. Yard Requirements (minimum) i) Exterior Side Yard 6.0 metres to private garage or carport and 4.3 metres to dwelling ii) Interior Side Yard With attached private garage of carport 1.2 metres on one side and 0.6 metres on the other side; without an attached private garage or carport 3.0 metres on one side and 0.6 metres on the other side Attachment 2 to PSD-004-21 91 0 5 d. Lot Coverage (maximum) i) Dwelling ii) Total e. Garage Requirements 45 percent 50 percent i) All garage doors shall be located no closer to the street line than the dwelling's front wall or exterior side wall or covered porch projection; ii) In no case shall the garage door be closer than 6.0 metres from the front lot line or exterior side lot line; and iii) The outside width of the garage shall be a maximum of 55% of the width of the lot frontage. Schedule `5' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding — Urban Residential Exception ((H)R1-67)" to "Holding - Urban Residential Exception ((H)R2-89) Zone" "Holding — Urban Residential Exception ((H)R2-44)" to "Holding - Urban Residential Exception ((H)R2-89) Zone" "Holding — Urban Residential Exception ((H)R2-45)" to "Holding - Urban Residential Exception ((H)R2-89) Zone" "Holding — Urban Residential Exception ((H)R2-44)" to "Holding - Urban Residential Exception ((H)R2-90) Zone" "Holding — Urban Residential Exception ((H)R2-45)" to "Holding - Urban Residential Exception ((H)R2-90) Zone" as illustrated on the attached Schedule `A' hereto. Schedule `A' attached hereto shall form part of this By-law. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. Passed in Open Council this day of , 2021 Adrian Foster, Mayor June Gallagher, Municipal Clerk This is Schedule "A" to By-law 2021- , passed this day of 2021 A.D. O s 91 95 94� 99 198 103 1102 109 1106 111 �110 115 14 D D ' 11 109 7 r = N 10 105 1 10 101 1 -- 9 97 9 93 19 23 8 8 M rn 4] M 78 o n n n v �a (c �'✓Sa N m cD u, o m O - rn ' Dya P ' • MMmN�r' `n�oorn�� 98I 99 164 'n� ` 2235 m s a n r� m e r r 94 I I95 160 2225 90 I 191 156 2215 86 I I87 152 tp O R CQ N (➢ O V W p14kN �P _ Zoning Change From "(H)R1-67" To "(H)R2-89" 0 Zoning Change From "(H)R2-44" To "(H)R2-89" 0 Zoning Change From "(H)R2-44" To "(H)R2-90" s Zoning Change From "(H)R2-45" To "(H)R2-89" - Zoning Change From "(H)R2-45" To "(H)R2-90" Newcastle • ZBA 2020-0013 • Schedule 5 Adrian Foster, Mayor June Gallagher, Municipal Clerk