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HomeMy WebLinkAboutPDS-021-23Clarftwn 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: March 27, 2023 Report Number: PDS-021-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: File Number: Report Subject: Mary -Anne Dempster, CAO Resolution#: PD-028-23 ZBA2020-0005 (x.ref S-C2021-0010) By-law Number: 2022-023 Rezoning to facilitate 21 condominium townhouses at the northwest corner of Trulls Road and Nash Road in Courtice. Recommendations: 1. That Report PDS-021-23 and any related delegations or communication items, be received; 2. That the Zoning By-law Amendment application submitted by Lifelong Investment Corporation be approved and the draft By-law in Attachment 1 to Report PDS-021-23 be passed; 3. That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol and conditions of draft approval are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 4. That no further Public Meeting be required for the future Condominium; 5. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS- 021-23 and Council's decision; and 6. That all interested parties listed in Report PDS-021-23 and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-021-23 Report Overview Page 2 The purpose of this report is to recommend approval of the Zoning By-law Amendment submitted by Lifelong Investment Corporation to permit 21 condominium townhouse units. The proposal includes 16 dual frontage and 5 traditional units, a private lane, amenity space, and visitor parking spaces. This application is related to proposed draft Plan of Subdivision application S-C-2021-0010. Approvals of plans of subdivisions are delegated to the Director of Planning and Infrastructure Services. 1. 1. Application Details 1.1 Owner/Applicant: 1.2 Agent 1.3 1.4 Area: 1.5 Location: 1.6 Within Built Boundary: 2. Background Lifelong Investment Corporation Rodger Miller (Miller Planning Services) Zoning By-law Amendment To rezone the lands from "Urban Residential Type Two (R2) Zone" to a zone that would permit the townhouse dwelling units. 1.48 acres (0.60 ha) 1640, 1644, 1648 Nash Road, Courtice Yes 2.1 On March 25, 2020, Lifelong Investment Corporation applied for a Zoning By-law Amendment to permit a three -storey building containing 95 apartment units at the northwest corner of Nash Road and Trulls Road in Courtice. A public meeting was held on June 8, 2020. Staff received comments from several residents regarding concerns, described in Section 8 of this report. The original proposal also included 3010 Trulls Road which is no longer included as part of the lands subject to the revised applications. 2.2 Since 2020, staff have been working with the applicant and agencies to refine the plan through a series of discussions regarding several alternative designs. The revisions would need to consider concerns raised by residents and technical requirements from agencies to ensure the development would be designed and function appropriately for the subject lands. Municipality of Clarington Page 3 Report PDS-021-23 2.3 Lifelong Investment Corporation further revised the proposal in December 2012, March 2022 and December 2022 to address public, department and agency comments. The revisions would permit a development block that would allow for a future common elements condominium containing 21 townhouse units, including 16 dual frontage units fronting onto both Nash Road and Trulls Road and 5 traditional units fronting onto a private lane. The development would also include a private lane, amenity space, water metre building and visitor parking spaces, see Figure 1 Figure 1: Applicant's revised development proposal 2.4 The revised proposal includes the following modifications to address previous comments: • Change in built form from an apartment building to townhouses; Municipality of Clarington Report PDS-021-23 Page 4 • Reduction in density of the site resulting in reduced traffic generated from the site; and • Additional amenity space per residential unit for the development. 2.5 The applicants have submitted the following studies in support of the applications: • Planning and Urban Design Report • Functional Servicing Report and Stormwater Management Report • Hydrogeological Assessment • Geotechnical Investigation Report • Traffic Impact Study • Environmental Impact Study • Arborist Report and Tree Preservation Plan • Environmental Noise Report • Archaeological Assessment Stage 1 & 2 Report • Energy Efficiency & Sustainability Plan 3. Land Characteristics and Surrounding Uses 3.1 The subject lands consist of three properties located at the northwest corner of Nash and Trulls Road in Courtice, Figure 2. A portion of the lot at 1640 Nash Road wraps around the back of the adjacent residential dwellings to the west. All three of the lots currently have single detached dwellings and accessory buildings. Municipality of Clarington Report PDS-021-23 Figure 2: Aerial photo of subject lands and surrounding area. Page 5 3.2 The surrounding uses are as follows: North: A wood lot and single detached dwellings on relatively larger lots. Further north is a residential subdivision where Abbeywood Crescent is terminated both to the west and north. East: A neighbourhood commercial plaza and Parkwood Village, which is a stacked townhouse condominium development ranging from two to three storeys. The units face internally to the site. The site also contains several amenities and uses. South: Single detached dwellings and the Black Creek tributary. West: Single detached dwellings. Municipality of Clarington Report PDS-021-23 4. Provincial Policy Provincial Policy Statement (PPS) Page 6 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. Opportunities for redevelopment and intensification are to be promoted where it can be accommodated. 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. The proposal conforms with the PPS. Provincial Growth Plan 4.3 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Courtice 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. 4.4 The subject lands are within the defined Built Boundary and within the Urban Boundary of Courtice. Growth is to be accommodated by directing a significant portion of new growth to the built-up areas through intensification and efficient use of existing services and infrastructure. The proposal conforms with the Provincial Growth Plan. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the subject properties as "Living Areas". Living Areas 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 Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly adjacent to arterial roads. 5.3 Schedule B of the Durham Region Official Plan Identities Key Natural Heritage and Hydrologic Features (KNHHF) within and adjacent to the western portion of the subject site. The proposal conforms with the Durham Region Official Plan. Municipality of Clarington Report PDS-021-23 Clarington Official Plan Page 7 5.4 The Clarington Official Plan designates the properties "Urban Residential" and is located within the Built -Up Area of the Municipality. The proposal would contribute towards the Municipality's Residential Intensification Target and utilize existing public services and infrastructure. Intensification within the Built-up Areas that respects existing neighbourhoods is encouraged. 5.5 The subject lands are located at the edge of a neighbourhood and are adjacent to two arterial roads. The edge of neighbourhoods and adjacent to arterial roads is one of the locations where growth and higher intensity -built forms are to be directed. Developments at the edge of neighbourhoods are required to meet a minimum net density of 19 units per hectare and permit a built form of 1 to 3 storeys ground related units including limited apartments, townhouses, semi-detached, or detached dwellings. 5.6 Nash Road is a Type C Arterial Road (turns into a Type B Arterial Road, heading east, after it crosses Trulls Road) and Trulls Road is a Type B Arterial Road. The proposal conforms with the Clarington Official Plan. 6. Zoning By-law 6.1 The subject properties are zoned "Urban Residential Type Two (R2)", which recognizes the current low density land uses consisting of detached dwellings. A Zoning By-law Amendment is required to permit the proposed townhouse dwelling units within the proposed development block. 6.2 The proposed Zoning By-law amendment will include a Holding Zone. The Holding zone will remain on the lands until a development agreement has been executed and final approval and clearing of conditions is complete related to a required site plan application. A draft Zoning By-law Amendment for the subject lands is provided (see Attachment 1). 7. Summary of Background Studies Planning and Urban Design Report, prepared by Miller Planning Services, February 2023 7.1 This Planning and Urban Design Report describes the proposal; the site context; evaluates the applicable planning policy within the Region of Durham Official Plan and the Clarington Official Plan; and describes the urban design response of the project. 7.2 It describes the massing of the proposed development as typical block townhouses with front doors that address the street. The three storey units will frame the street and is expected that the architectural elements of the development will align with the surrounding area and community. Municipality of Clarington Report PDS-021-23 The report concludes that: Page 8 the proposal satisfies the policy intent and requirements of the Regional Official Plan, the Clarington Official Plan the Growth Plan for the Greater Golden House and the Provincial Policy Statement. The proposed Zoning By-law Amendment is appropriate in the context of provincial, regional and local planning policy. The proposal represents an appropriate use of lands. Energy Efficiency & Sustainability Plan, prepared by Miller Planning Services, February 2023 7.3 This Energy Efficiency & Sustainability Plan, in conjunction with the supporting consulting reports, plans and studies, demonstrates that the proposed development meets the key principles for Sustainable Development as per the Clarington Official Plan policies. 7.4 The Priority Green Initiatives checklists will be provided as a part of Site Plan Application process. Scoped Environmental Impact Study, prepared by GHD, March 24, 2021, and addendum prepared December 15, 2022 7.5 This Environmental Impact Study was prepared to address potential environmental issues associated with the proposal since it is located adjacent to a woodland that has been identified as part of the Regional Municipality of Durham's Key Natural Heritage & Hydrologic Features. 7.6 Based on the analysis, no significant impact to the woodland was identified. Several recommendations have been made to prevent loss of the woodland and its functions. Recommendations were also made to minimize potential impacts during the site preparation, construction, and post -construction period. Traffic Impact Study, prepared by Candevcon Limited, updated January 25, 2023 7.7 The Traffic Impact Study indicates that with the inclusion of site generated traffic from the proposal, the intersection of Nash Road and Trulls Road is anticipated to operate at acceptable levels of service during the A.M. and P.M. peak hours. Municipality of Clarington Report PDS-021-23 Page 9 Functional Servicing and Stormwater Management Report, prepared by Candevcon East Limited, November 2021 7.8 The report indicates that servicing and stormwater management for the proposal can be accomplished by capturing and conveying stormwater to the existing storm sewer on Trulls Road. Quality controls will be included in the design. Low Impact Development measures will be implemented in order to ensure that infiltration volumes are maintained on the site. Sediment and Erosion Control practices will be implemented during construction. 7.9 A sanitary sewer system for the proposed development will be constructed within the development's internal road. The flows from the development will be conveyed to the existing sewer along Nash Road. The water distribution network for the development will enter the meter room building and connect to the existing watermain along Nash Road. Hydrogeological Assessment, prepared by Cambium Inc, November 4, 2022 7.10 The assessment concluded that the proposed development is feasible. Local groundwater and surface water systems are not anticipated to be influenced from the development so long as the appropriate sediment and erosion control procedures are in place, and discharge water is treated as needed during dewatering operations. Geotechnical Investigation Report, prepared by Cambium Inc, March 31, 2022 7.11 The report examined the general subsoil and groundwater conditions on the site by means of a number of boreholes and based on the interpretation of the information to provide engineering guidelines related to geotechnical aspects of the proposal. Recommendations related to design and construction are provided. Environmental Noise Report, prepared by YCA Engineering Ltd., prepared March 2020, revised March 2022 7.12 The report determined that sound levels are acceptable and are expected to be achieved using abatement measures through the installation of air conditioning for specified units, provision for air conditioning for specified units and the inclusion of warning clauses in offers of purchase and sale. Arborist Report and Tree Preservation Plan, prepared by Newleaf Landscape Architecture Limited, revised March 31, 2022 7.13 The Environmental Impact Study recommended a tree preservation plan to protect trees in the planted fencerow along the north edge of the subject property. Trees were inventoried and identified for removals and protection. A dripline buffer is recommended, and onsite compensation plantings are proposed. Compensation plantings will be Municipality of Clarington Page 10 Report PDS-021-23 addressed in landscape plans submitted in support of the subsequent Site Plan Application. Archaeological Assessment Stage 1 & 2 Report, prepared by Archaeological Assessments Limited., June 23, 2017 7.14 Assessments were prepared for each parcel subject to the application. No archaeological sites were encountered during the fieldwork portion of the study. No further concerns for impacts to archaeological resources were identified. 8. Public Notice and Submission 8.1 Public meetings were held on June 8, 2020 and June 13, 2022. Public notice was mailed to each landowner within 120 metres of the subject lands and signage was posted on the subject property. 8.2 A letter was sent to all interested parties advising them that the recommendation was scheduled with details as to how they could register as a delegation. 8.3 At the public meeting on June 8, 2020, residents identified concerns with the built form, density, and traffic that would be generated from the proposed apartment building and the size of the units proposed. 8.4 At the public meeting on June 13, 2022, a resident expressed concerns regarding flooding, pooling and wind gusts. They requested older trees to be saved and new ones planted since they lessen air pollution and noise. 8.5 A submission was received indicating that the revised proposal was much more reasonable than the original. 9. Department and Agency Comments 9.1 Comments received from departments and agencies are summarized in Attachment 2. The chart shows the list of circulated parties and whether we received comments. 10. Financial Considerations 10.1 The capital infrastructure required for this development will be built by the developer and consists of private roadways and amenity space. These assets will be the responsibility of the condominium to maintain, repair and replace. Municipality of Clarington Report PDS-021-23 11. Discussion Page 11 11.1 The applicants have revised the proposal from the original submission to address a number of comments from residents and staff. The revised proposal results in a change in the built form from an apartment building to townhouse dwellings and significantly reduces the density of the site in an attempt to better integrate the development with the surrounding neighbourhood. 11.2 The revised proposal introduces an alternative building form to the neighbourhood on two arterial roads, which have limited access opportunities. The Owner has designed the development to address the intersection appropriately with a built form that can integrate with the existing development in the surrounding neighbourhood. 11.3 The revised proposal will be required to provide visitor parking and private amenity space. The concept plan provided by the applicant appears to meet Clarington's parking requirements and amenity space guidelines. 11.4 There is a woodlot located to the north of the subject lands, which is identified in the Region of Durham Official Plan as a Key Natural Heritage Feature. There are no natural heritage features identified on the lands in the Official Plan mapping. The Official Plan does acknowledge that there are natural heritage features that are not mapped but are important to the natural heritage system. The applicant's have submitted a revised Environmental Impact Study that has been reviewed and accepted by Clarington and CLOCA staff. 11.5 Comments received from Departments and Agencies related to detailed design will be captured in the proposed conditions of draft approval for the plan of subdivision. The recommendations of a number of the background studies will be included in the conditions of draft approval. Where necessary report updates may be required. 11.6 A subsequent site plan application and draft plan of condominium application will be required. The applicant had a Stage 1 pre -consultation meeting for those applications in December 2022 and will be required to complete a Stage 2 pre -consultation. 12. Concurrence 12.1 This report has been reviewed by the Deputy CAO/Treasurer. Municipality of Clarington Report PDS-021-23 13. Conclusion Page 12 13.1 In consideration of all agency, staff and public comments, it is respectfully recommended that the application for the Zoning By-law Amendment, as submitted by Lifelong Investment Corporation, be supported and approved subject to the Draft Zoning By-law Amendment contained in Attachment 1. Staff Contact: Tracey Webster, Principal Planner, (905)623-3379 x 2415 or twebster@clarington.net. Attachments: Attachment 1 — Draft Zoning By-law Amendment Attachment 2 — Agency Comment Table Interested Parties: List of Interested Parties available from Planning and Infrastructure Services Attachment 1 PDS-021-23 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 Number 20_- 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 ZBA2020-0005; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is amended by adding Special Exception Zone 14.6.67 as follows: "14.6.67 Urban Residential Exception (R3-67) Zone Notwithstanding Sections 14.1, 14.4 b., c.,e., and g., those lands zoned R3-67 shall only be used for Link Townhouse dwellings. For the purpose of establishing regulations for each Link Townhouse Dwelling unit, the following specific regulations shall apply as if each unit is located on a lot: a. Lot Area (minimum) b. Lot Frontage (minimum) c. Yard Requirements (minimum) i) Front Yard ii) Interior Side Yard iii) Yard adjacent to sight triangle lot line iv) Rear Yard 99 square metres 4.6 metres 3 metres to a dwelling 5.75 to a garage 2 metres to an unenclosed porch 1.5 metres to a dwelling 0.9 metres 4.8 metres d. Lot Coverage 71 percent Attachment 1 PDS-021-23 e. Building Height (Maximum) f. Special Regulations 11.5 metres measured at the building fagade facing a public street and/or private street i) Steps may project into the required front yard, but in no instance shall the front yard be reduced below 1 metre ii) Height of floor deck of unenclosed porch above finished grade (maximum) 1 metre g. Were a link townhouse dwelling has frontage on both a public street and a private lane, the lot line adjacent to the Public Street shall be the front lot line. h. No parking space or garage shall be located in yards adjacent to a public street. i. Private street width (minimum) 6.5 metres j. Outdoor Amenity Space (minimum) 4 square metres per dwelling unit k. Accessory buildings are prohibited with the exception of a water metre building. I. Unenclosed porches, decks or balconies may project up to a maximum of 2 metres into the required rear yard, provided it does not interfere with the required parking space. m. The provisions of Section 3.1 g. (iv) continue to apply, except where they are in conflict with the requirements in this zone." 2. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is amended by adding Special Exception Zone 14.6.71 as follows: "14.6.71 Urban Residential Exception (R3-67) Zone Notwithstanding Sections 14.1, those lands zoned R3-71 shall only be used for amenity area." Attachment 1 PDS-021-23 3. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the one designation from: "Urban Residential Type Two (R2)" to "Holding - Urban Residential Exception ((H)R3-67) "Urban Residential Type Two (R2)" to "Holding - Urban Residential Exception ((H)R3-71) "Urban Residential Type Two (R2)" to "Environmental Protection (EP)" "Environmental Protection (EP)" to "Holding - Urban Residential Exception ((H)R3-67) As illustrated on the attached Schedule `A' hereto. 4. Schedule `A' attached hereto shall form part of this By-law. 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. Passed in Open Council this day of 12023 Adrian Foster, Mayor June Gallagher, Municipal Clerk Schedule A PDS-021-23 This is Schedule "A" to By-law 2023- passed this day of 2023 AD. 1 +CO 50 4 CO 48 4 46 4 44 4 41 44 v 3032 01 CO JIM Zoning Change From 'R2' To 'EP' 0 Zoning Change From 'R2' To'(H)R3.71' Zoning Change From 'R2' To'(H)R3-67' ¢Y - Zoning Change From 'EP' To '(H)R3-67' Courfice - ZBA202MOOS Sohedule0& PDS-021-23 Attachment 2 Department/Agency Comments Summary of Comments Received Development ✓ Development Engineering reviewed the proposal Engineering and have no objection subject to the applicant addressing comments in subsequent submissions. Building Division ✓ No concerns were identified. Fire and Emergency ✓ No concerns were identified. Comments provided Services will be addressed in a subsequent Site Plan Application. Accessibility ✓ No concerns were identified. Comments provided Committee will be addressed in a subsequent Site Plan Application. Region of Durham ✓ Comments were provided to support previous (Planning, Works, & concerns CLOCA had identified and have since Transit) been satisfied. There are comments related to waste management that will be addressed through a subsequent site plan application. They agreed with the conclusions of the Traffic Impact Study and Noise Assessment. Central Lake Ontario ✓ To move the application forward, CLOCA has Conservation Authority integrated the remaining technical comments into the Conditions of Draft Approval, which will be required to be met prior to permit issuance and CLOCA's clearance of the Plan of Subdivision for registration. CLOCA staff have no objection to the draft plan approval of Subdivision S-C-2021-0010 and the associated zoning by-law subject to the conditions provided. School Boards ✓ KPRDSB Planning staff anticipates the proposed development to yield 5 elementary students and 3 secondary students. Students generated from this development proposal would attend Courtice North Public School or Dr. G.J. MacGillivray Public School / Courtice Intermediate School (French Immersion) and Courtice Secondary School. Although these schools are experiencing accommodation pressures, we anticipate that the schools will have residual capacity to accept the students. KPRDSB Planning staff have no objections to the proposed applications and offered standard conditions for draft approval of the plan of subdivision. PDS-021-23 Attachment 2 No responses were received from the Separate or French School Boards. Hydro One ✓ No concerns were identified. Enbridge ✓ No concerns were identified. Canada Post No concerns were identified. Standard conditions Corporation for draft approval of the plan of subdivision were provided. Bell Canada ✓ No concerns were identified. Standard conditions for draft approval of the plan of subdivision were provided. Rogers ✓ No concerns were identified. Standard conditions for draft approval of the plan of subdivision were provided. CMHC ✓ No response received.