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HomeMy WebLinkAboutPDS-020-23Clarftwn 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-020-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: File Number: Mary -Anne Dempster, CAO Resolution#: PD-033-23 ZBA2018-0024 (x.ref S-C-2018-0004) By-law Number: 2022-026 Report Subject: Rezoning to permit 8 single detached dwellings and 74 condominium townhouse units at the southwest corner of Hancock Road and Nash Road in Courtice. Recommendations: 1. That Report PDS-020-23 and any related delegations or communication items, be received; 2. That the Zoning By-law Amendment application submitted by Nash Developments Limited (Marlin Spring) be approved and the draft By-law in Attachment 1 to Report PDS-020-23 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- 020-23 and Council's decision; and 6. That all interested parties listed in Report PDS-020-23 and any delegations be advised of Council's decision Municipality of Clarington Report PDS-020-23 Report Overview Page 2 The purpose of this report is to recommend approval of the Zoning By-law Amendment submitted by Nash Developments Limited (Marlin Spring) to permit 8 single detached dwellings and 74 condominium townhouse units. The condominium includes amenity space (park), and visitor parking spaces. This application is related to proposed draft Plan of Subdivision application S-C-2018-0004. Approvals of plans of subdivisions are delegated to the Director of Planning and Infrastructure Services. 1. Application Details 1.1 Owner/Applicant: 1.2 1.3 Area: 1.4 Location: 1.5 Within the Built Boundary 2. Background Nash Developments Limited (Marling Spring) Zoning By-law Amendment To rezone the subject lands from "Holding — Urban Residential Type One ((H)R1) Zone" to an appropriate zone that would permit the proposed single detached dwellings and townhouse dwelling units. 2 Hectares Yes 2.1 In September 2018 BV Courtice Partners LP (Trolleybus Urban Development Inc.) submitted Draft Plan of Subdivision and Zoning By-law Amendment applications. Staff identified several concerns with the application upon submission which was revised in April 2020 to propose 78 townhouse units: 33 townhouse units were dual frontage and 45 were standard townhouse units. A public meeting was held on June 29, 2020. 2.2 In January 2022, the subject lands and responsibility for the applications were transferred to Nash Developments Limited (Marlin Springs). 2.3 Since 2020, staff have been working with the former and current applicants, departments, and agencies to refine the proposal through additional submissions. The revised plan shown in Figure 1 would permit 8 single detached dwellings fronting Hancock Road and a block for 74 condominium townhouses. Municipality of Clarington Page 3 Report PDS-020-23 Figure 1: Subdivision Layout for S-C-2018-0004 2.4 The subject lands are located within the Hancock Neighbourhood Design Plan. It was originally approved by Council in September 1998. The neighbourhood plan was amended in April 2013 (see Attachment 2). Within the vicinity of the proposal, the Municipality of Clarington Page 4 Report PDS-020-23 amendment relocated a Separate School site to Nash Road and replaced single detached lots with a medium density block at the southwest corner of Nash Road and Hancock Road. 2.5 Since the Hancock Neighbourhood Design Plan was updated in 2013, there have been four developments approved in the Hancock Neighbourhood, and another development application submitted on surrounding lands (see Attachment 3). The approvals and submitted plans have met the intent of the 2013 Council approved neighbourhood design plan. 2.6 As part of the application requirements staff requested the applicants provide a concept plan for how the remainder of the neighbourhood could develop in conjunction with their proposal. The applicants have submitted a concept plan that is discussed further in Section 11 of this report (see Attachment 4). 2.7 On January 23, 2023, Council approved application ZBA2022-0024 on the subject property to permit a mobile temporary sales office for 3 years. Incorporating this recent approval is discussed in Section 6. 3. Land Characteristics and Surrounding Uses 3.1 The subject lands consist of two parcels at the south-west corner of Hancock Road and Nash Road. Both parcels were occupied by single detached dwellings and accessory buildings that were recently demolished. Both properties include groupings of mature trees. 3.2 The surrounding uses are as follows: North: Single detached dwellings. Some of the lands are subject to Draft Approved Plan of Subdivision S-C-2018-0003 approved in December 2022. South: Single detached dwelling and the Black Creek. East: Single detached dwellings, Highway 418, and agricultural uses on the north side of Nash Road. West: Agricultural field and single detached dwellings. Municipality of Clarington Report PDS-020-23 4. Provincial Policy Provincial Policy Statement (PPS) 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 proposal conforms with the PPS. Provincial Growth Plan 4.4 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. 4.5 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. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the built-up area. 4.6 The proposal conforms with the Provincial Growth Plan. 5. Official Plans Durham Regional Official Plan Durham Region Official Plan 5.1 The Durham Region Official Plan designates the subject lands 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. Living Areas shall provide a full range of housing options at higher densities by intensifying and redeveloping existing areas, particularly adjacent to arterial roads. 5.2 Nash Road is a Type B Arterial Road in the Region's Official Plan. Municipality of Clarington Page 6 Report PDS-020-23 5.3 The proposal conforms with the Region of Durham Official Plan. Clarington Official Plan 5.4 The Clarington Official Plan designates the subject lands Urban Residential. The Urban Residential designation is predominately intended for housing purposes. A variety of densities, tenure and housing types are encouraged, generally up to 3 stories in height. 5.5 Nash Road is a Type B Arterial Road. Both Hancock Road and Moyse Drive are collector roads within the Clarington Official Plan. 5.7 The subject lands are within the Lake Iroquois Beach. In addition, there are natural heritage features associated with the Black Creek to the south of the subject lands. The natural heritage features are designated Environmental Protection Area. 5.8 An Environmental Impact Study was required to assess the natural heritage features associated with the Black Creek, to the south of the subject lands. The Environmental Impact Study determines the appropriate development limits of the subject lands and lands to the south, informing potential impacts on the future extension of Moyse Drive and the development potential of the lands to the south should they be proposed for development in the future. 5.8 The proposal conforms with the Clarington Official Plan and the Hancock Neighbourhood Design Plan. Hancock Neighbourhood Design Plan 5.7 Within the Hancock Neighbourhood Design Plan the subject lands are identified mainly as medium density with a portion of a school block, a new north -south public road, the extension of Moyse Drive and some 10m single detached dwellings south of the school block. Black Creek is located south of the subject lands adjacent to the extension of Moyse Drive (See Attachment 2). 5.8 The Separate School Board have advised staff that they do not plan to use the identified lands for a future school. Staff worked with the applicant to provide a concept plan for how the remainder of the school block can be developed in the future to integrate with the existing Hancock Neighbourhood Plan (see Attachment 4). 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands "Holding — Urban Residential Type One ((H)R1)". The Urban Residential Type One zone does not permit townhouse dwellings. A Zoning By-law Amendment is required to permit the proposed townhouse condominium Municipality of Clarington Report PDS-020-23 Page 7 on the lands and provide regulations for the single detached dwelling lots that meet the proposed lot frontages and areas. 6.2 Council approved By-law 2023-005 on January 23, 2023, which applies the Urban Residential Type One Exception (R1-103) Zone to a portion of the subject lands. This exception zone permits a mobile temporary sales office until January 16, 2026. The draft Zoning By-law Amendment contained in Attachment 1 incorporates this zone as a compound zone. 6.3 The proposed Zoning By-law amendment includes a Holding Zone. The Holding zone will remain on the lands until the necessary conditions of draft approval, development agreements are in place for the draft plan of subdivision and subsequent site plan application for the condominium townhouse block. 6.4 The development agreements will require the applicant to, among other matters: • address the recommendations of the background studies, including submissions of additional information, plans and reports; • provide for municipal services and road works that will service the development; and • provide contributions towards parkland. 7. Summary of Background Studies 7.1 The applicant has submitted the following studies in support of the proposal which are summarized in Attachment 6 of this report: • Planning Rationale Report • Urban Design Brief • Scoped Environmental Impact Study • Arborist Report • Landscape Analysis • Energy Efficiency and Sustainability Plan • Transportation Impact Study • Functional Servicing and Stormwater Management Report • Geotechnical Investigation Report • Noise Impact Study • Phase One Environmental Site Assessment Municipality of Clarington Report PDS-020-23 • Stage 1 Archaeological Assessment • Hydrogeological Investigation Page 8 7.2 The approval of the draft plan of subdivision will identify if revisions and updates are needed for applicable studies. Conditions of approval for the draft plan of subdivision and site plan application for the townhouse block will address the ultimate recommendations of the studies. 8. Public Notice and Submission 8.1 A public meeting was held on June 29, 2020. 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 A public meeting was held on June 29, 2020. Four residents spoke with concerns, five others submitted correspondence and a petition was submitted. Concerns are summarized in Section 11. 9. Department and Agency Comments 9.1 Comments received from departments and agencies are summarized in Attachment 5. The chart shows the list of circulated parties and whether we received comments. Comments that required additional clarification will be addressed through conditions of approval for the related Draft Plan of Subdivision application and subsequent site plan application. 10. Financial Considerations 10.1 The capital infrastructure required for this development will be built by the developer and assumed by the Municipality upon acceptance. The Municipality will include the new capital assets in its asset management plans and be responsible for the major repair, rehabilitation, and replacement in the future. 10.2 Maintenance and minor repairs of the road infrastructure and stormwater management pond will be included in future operating budgets. 11. Discussion 11.1 When the Hancock Neighbourhood Plan was updated in 2013 it was assumed that a portion of the lands would be used for a school block, a new north -south public road, and Municipality of Clarington Report PDS-020-23 Page 9 medium density development. Moyse Drive had been planned to extend to Hancock Road. 11.2 To address the redundancy of the school site, concept plans of how the adjacent lands could develop has been proposed by the applicant (Attachment 4). The proposed plan is important to inform residents of how the lands could be developed and how the applicant's proposal fits into the proposed neighbourhood. It should be noted that the applicant does not own the lands surrounding the proposal and, in the future, alternative concepts and proposals may be explored. 11.3 The Moyse Drive alignment has been shifted to be located adjacent to Black Creek outside of the limits of the proposal. The original concept had lots backing onto the creek. By shifting the alignment, better access to the valley by the public is achieved. A trail is identified to be provided along Black Creek on Map K of the Official Plan. The Environmental Impact Study has identified the development limits associated with Black Creek, associated valley and minimum vegetation protection zone. 11.4 A future development block is provided at the south end of the lots fronting Hancock Road. This block can be added to lands to the south, north of the Moyse Drive extension for the creation of an additional lot (see Figure 1). 11.5 The Official Plan encourages medium density blocks to: Have multiple vehicular accesses from a public street; Be compatible with the surrounding neighbourhood in terms of scale, massing, siting; and Generally not exceed 50 units. 11.6 The intention of this policy is to provide a break in building form and to address traffic concerns where limited entrances are proposed. While the proposal exceeds 50 units, it meets the intention of the policy. The inclusion amenity space on Nash Road and single detached dwellings along Hancock Road assists in providing a break in the building form and provides a transition to the adjacent areas. The traffic study identifies that the existing road network will accommodate the traffic generated by the proposal. When Moyse Drive is extended, additional access opportunities will be provided. 11.7 The applicant is proposing to drain the stormwater from the subject lands to an existing stormwater pond rather than develop a new pond as the neighbourhood plan envisioned. While staff can support the concept of not requiring an additional pond, the Engineering Services Department has identified the need to confirm that the proposed stormwater management plan can work not only for the subject lands but the other lands in the Municipality of Clarington Report PDS-020-23 Page 10 neighbourhood intended to be serviced by the second pond. The applicant will need to provide additional information regarding the functional servicing for all the lands south of Nash Road prior to approval of the related plan of subdivision. Addressing Comments and Concerns from Residents 11.9 Through the public meeting and submissions, residents identified the following concerns with the proposal: Density and integration with existing development 11.10 The applicant has revised the proposal to include single detached dwellings fronting Hancock Road. This addresses the concerns from residents about the interface with existing development, particularly with the east side of Hancock Road which is outside of the urban boundary. Extension of Moyse Drive 11.11 The Moyse Drive extension has been contemplated for the neighbourhood since it's original design. A grid street pattern for neighbourhoods is strived for, as it provides greater connectivity and reduces trip length for both vehicles and pedestrians alike. Increased traffic, lack of sidewalks, use of Hancock Road by heavy trucks 11.12 The applicant has provided a Traffic Impact Study that demonstrates the existing road network can accommodate the proposed development. The applicant will be required to update that study to explore an all -way stop on Nash Road and at a street to be built in the development to the north. That street will align with the entrance to the condominium block. An all -way stop will improve pedestrian connectivity. An intersection control study for Nash Road and Hancock Road is also required. Hancock Road will not be a permitted route for construction traffic and will not utilize the bridge. The bridge will be upgraded through works to improve Hancock Road. Lack of greenspace, parks and trails, preservation of trees 11.13 Both Harry Gay Park and Moyse Park are intended to serve the broader neighbourhood depicted in the Neighbourhood Design Plan (Attachment 2). The applicant is required to provide 4.0 m2 of outdoor amenity space in accordance with the Amenity Guidelines for Medium and High -Density Residences. The area shown at the northwest end of the proposal as `Park' exceeds that requirement. Municipality of Clarington Report PDS-020-23 Page 11 11.14 The applicant indicated they are open to exploring providing access to the amenity area to the general public. If the amenity area is intended to serve the public, it will need to be made clear to the future residents of the condominium corporation and reflected in the overall design of the space. Staff and the applicant will continue to review this ideal through the review of the site plan application. 11.15 As depicted in Attachment 2, the amount of green space identified for protection in the Hancock Neighbourhood increased substantially between the 1998 and 2013 approvals. This proposal is not proposing to remove any of the approved green space lands and is consistent with the approved Hancock Neighbourhood Design Plan. The Black Creek and associated valley provide greenspaces in proximity to the proposal and will include a trail as identified on Map K of the Official Plan. 11.16 Boundary trees are proposed to be preserved. It is challenging to preserve additional trees within development limits. Only those deemed to meet the criteria of a significant woodland are required to be protected. The EIS did not identify that requirement. The applicant is willing to provide financial compensation for a stand of trees to offset that loss. Potential impact on wells 11.17 Staff will explore adding conditions necessary to address concerns related to impacts on wells. It is typical to require updates to the Hydrogeological report to include groundwater monitoring and contingency measures to mitigate adverse impacts. Concerns with drainage and stormwater management 11.18 Through the revisions to the stormwater management proposal the applicant will be required to manage stormwater in a way that will not result in flooding or impacts to the provincially significant wetlands nearby. The proposal will be reviewed and must be accepted by the Municipality and the Central Lake Ontario Conservation Authority. 11.19 Staff are proposing to include a definition for soft landscaping in the Draft Zoning By-law Amendment (Attachment 1) and a regulation that requires a percentage of the landscape open space to be soft landscaping. The current definition of landscaping includes hardscape. Since infiltration has been identified as a concern, a change in approach is warranted to control the number of impervious surfaces. 11.20 A subsequent site plan application and draft plan of condominium application will be required. The applicant will be required to have a Stage 1 and Stage 2 pre -consultation meeting for those applications. Municipality of Clarington Page 12 Report PDS-020-23 12. Concurrence 12.1 This report has been reviewed by the Deputy CAO/Treasurer. 13. Conclusion 13.1 In consideration of all agencies, staff and public comments, it is respectfully recommended that the application for the Zoning By-law Amendment, as submitted by Nash Developments Limited (Marlin Spring), 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 ext. 2415 or twebster@clarington.net Attachments: Attachment 1 — Draft Zoning By-law Attachment 2 - 1998 and 2013 Hancock Neighbourhood Design Plan Attachment 3 — Neighbourhood Developments Attachment 4 — Concept plan on adjacent lands Attachment 5 - Agency Comment Table Attachment 6 — Summary of Studies Interested Parties: List of Interested Parties available from the Planning and Infrastructure Department. Attachment 1 to PDS-020-23 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 2023- 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 ZBA2018-0024; Now therefore the Council 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 13.4.93 as follows: "Section 13.4.93 Urban Residential Exception (R2-93) Zone Notwithstanding Sections 13.2 a., b., c. i), c.ii), c. iii), e., f., g. and h., those lands zoned R2-93 on the Schedules to this By-law shall be subject to the following regulations: a. For the purpose of Section 13.4.93, the term Soft Landscaping means the portion of the lot comprised of any combination of flowers, grass, shrubs, sod, trees or other horticultural elements that is not covered with impervious surfaces. It does not include buildings or structures, any hard surface areas such as, but not limited to, driveways, parking areas, decorative stonework, walkways, patios, screening, or other landscape architectural elements. b. Lot Area (minimum) 260 square metres C. Lot Frontage (minimum) i) Interior Lot 9 metres ii) Exterior Lot 12 metres Attachment 1 to PDS-020-23 d. Yard Requirements (minimum) i) Front Yard 6 metres to private garage or carport 4 metres to dwelling 2 metres to unenclosed porch ii) Exterior Side Yard iii) Interior Side Yard 6 metres to private garage or carport 4 metres to dwelling 2 metres to unenclosed porch 1.2 metres on one side, 0.6 on the other Without an attached garage or carport 3.0 metres on one side, 0.6 on the other e. Dwelling Unit Area (minimum) 85 square metres f. Lot Coverage (maximum) i) One Storey Dwelling a) Dwelling 50 percent b) Total of buildings and structures 55 percent ii) All other Residential Units a) Dwelling 40 percent b) Total of buildings and structures 45 percent g. Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable floor space above it, shall be permitted subject to the following; i) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 square metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. ii) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 20.0 square metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage. h. Landscape Open Space (minimum) Height (maximum) i) 1 Storey ii) All other residential units 30 percent, provided 25 percent is soft landscaping 8.5 metres 10.5 metres Attachment 1 to PDS-020-23 4 Driveway width (maximum) 4.6 metres k. Garage Requirements: i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall or covered porch projection. I. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre m. Special Yard Regulation: i) Bay Windows with foundation may project into any yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 2.4 metres but in no instance shall the interior side yard be reduced below 0.6 metres. ii) Steps may project into the required front or exterior side yards, but in no instance shall the front or exterior yard be reduced below 1.0 metre. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is amended by adding Special Exception Zone 14.6.68 as follows: "14.6.68 Urban Residential Exceptions (R3-68) Zone Notwithstanding Sections 14.1, 14.4 b., c., e., f., and g., those lands zoned R3-68 on the Schedules to this By-law 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) i) Interior Lot ii) Exterior Lot c. Yard Requirements (minimum) i) Front yard to an unenclosed porch 115 square metres 4.4 metres 8.5 meters 4 metres to a dwelling, 3 metres ii) To a private street 3 metres iii) To visitor parking space 1.5 metres iv) Interior Side Yard 1.2 metres, nil where building has a common wall with any adjacent building on an adjacent lot Attachment 1 to PDS-020-23 v) Rear yard carport vi) Water meter building to private street d. Lot coverage (maximum) e. Landscape open space (minimum) f. Outdoor amenity space (minimum) g. Building Height h. Number of storeys (maximum) 6 metres to private garage or 5 metres to dwelling 3 metres to unenclosed porch 4 metres to Nash Road, 3 metres 65 percent 20 percent 4 square metres per dwelling unit 11.5 metres 3 i. No garage shall be located in yards adjacent to a public street. j. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre k. 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. I. Special Regulations 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 3. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is amended by adding Special Exception Zone 14.6.69 as follows: "14.6.6 Urban Residential Exceptions (R3-69) Zone Notwithstanding Sections 14.1, 14.4 b., c., e., f., and g., those lands zoned R3-69 on the Schedules to this By-law 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) 125 square metres Attachment 1 to PDS-020-23 b. Lot Frontage (minimum) i) Interior Lot 5.5 metres ii) Exterior Lot 7.7 meters C. Yard Requirements (minimum) i) Front yard 6 metres to a private garage or carport, 5 metres to a dwelling, 1.5 metres to an unenclosed porch ii) To a private street 3 metres iii) To visitor parking space 1.5 metres iv) Interior Side Yard 1.2 metres, nil where building has a common wall with any adjacent building on an adjacent lot v) Rear yard 6 metres d. Lot coverage (maximum) i) Dwelling 55 percent ii) Total of buildings and structures 65 percent e. Landscape open space (minimum) 20 percent f. Outdoor amenity space 4 square metres per dwelling unit g. Building Height 11.5 metres h. Number of storeys (maximum) 3 No garage shall be located in yards adjacent to a public street. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre k. Special Regulations i) Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1 metre ii) Height of floor deck of unenclosed porch above finished grade (maximum) 1 metre 4. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: Attachment 1 to PDS-020-23 "Holding — Urban Residential Type One ((H)R1) to "Holding — Urban Residential Exception ((H)R2-67)/Urban Residential Exception (R1-103)" "Holding — Urban Residential Type One ((H)R1) to "Holding — Urban Residential Exception ((H)R2-93)/Urban Residential Exception (R1-103)" "Holding — Urban Residential Type One ((H)R1) to "Holding — Urban Residential Exception ((H)R3-68)/Urban Residential Exception (R1-103)" "Holding — Urban Residential Type One ((H)R1) to "Holding — Urban Residential Exception ((H)R2-69) )/Urban Residential Exception (R1- 103)" As illustrated on the attached Schedule 'A' hereto 5. Schedule 'A' attached hereto shall form part of this By-law. 6. 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 .20 Adrian Foster, Mayor June Gallagher, Municipal Clerk Schedule A to PDS-020-023 This is Schedule "A" to By-law 2023- passed this day of , 2023 A.D_ 30321 y INLW U • - z --------------------NA H -ROAD------------------M 2894 Zoning Change From '(H)R 1' To '(H)R2-93' Zoning Change From '(H)R V Tv '(H)R3-68' - Zoning Change From '(H)RI' To'(H)R3-69' hf Zoning Change From '(H)R 1' To '(H)R2-67)RI-103' Zoning Change From '(H)R1'Ta'(H)R3-68}R1-103' _ Zoning change From'(H)RI'T0'(H)R3-69jR1-103' � Zoning Change From '(H)RV 7a'(H)R2-93jR1-103' fiaeurtice • IBA21DIMOM and $44HAAOM • Schedule 04 PDS-020-23 Attachment 2 1111lis611ss11 Iliilllll® �� ;o� i�6r�A11 II�elleeeAll� leiel '�►�rrirrrrrrrrrrrrrrurrrrrrrrr IN = � o ;: fl➢➢ o ®�' ©le6lf oletlalfi �_ IIIIIIG0o09� 119:1€. ® � IIIII �ElEltltltltltltltlR �� __ `��I011111 _ .= ®® _°©- iiinl�e�iellr�l'd�eier►� �butt,������g�i►� Subject Lands i o � ® a 2013 Hancock Neighbourhood Design Plan PDS-020-23 Attachment 3 rdlM rr George Reynolds Drive 12 Single Detached Units v ,,, ,-.*i ,• 12 Single 6etaohed ±? .,:..+ K., ��� � Units Approved 2015 Approved 2018 ✓ , - h i - IL .•. OIL' . >DiI J � - 'i -Aveu _$rooms- .r Y ' 19 Single Detached a. Units Approved 2014 .: _ _ Rea ski'.,..■ T�b6�Avenue _ �'i I I 21-0 Rash.Road Single Detached Dwelling �� =y•'1r 0�0 Townhouse r ..`� Currentlmfion Medium Density Block SC 2018 - 0004 - -- - ZBA 2021 - 0024 PaNSW M Roads re, Neighbourhood Developments PDS-020-23 Attachment 4 ._.- _�_ Nash Road — n a i s PPow L M l i II MWse Road � � (Fl1iLAE E.�'TF37514N] ` i f � . I i t=stimated Feature Limit LEGEND + " " 15m Bu[fer REAR LANE j TOWNHOUSES � I i TOWNHOUSES FREEHOLD SINGLES Concept Plan on Adjacent Lands PDS-020-23 Attachment 5 Department/Agency Comments Summary of Comments Received Development ✓ No objections to the proposal were provided detailed Engineering comments are addressed. The applicant will be required to complete an Intersection Control Study for Nash Road and Hancock Road. Nash Road will require reconstruction and urbanization along the frontage of the proposal. The plans will need to coordinate with the design of those works. An updated Traffic Impact Study is required to evaluate an all way stop controlled intersection at Nash Road and the Future Street D on the north side. This will evaluate an opportunity for improved pedestrian connectivity. Detailed comments were provided that requires clarification and further submissions on the storm water management proposal. Building Division ✓ No comments were provided. Fire and Emergency ✓ No concerns were identified. Comments provided will be Services addressed through the subsequent site plan application. Accessibility ✓ No concerns were identified. Comments regarding barrier - Committee free parking spaces and the outdoor amenity area will be addressed through the subsequent site plan application. Region of Durham ✓ The comments indicate that the proposed plan of (Planning, Works, & subdivision does not conform to the policies of the ROP Transit, Police) until the applicant addresses issues identified by CLOCA in respect to draft approval of the plan of subdivision regarding an updated water balance assessment, a hydrograph supported analysis of ground response to precipitation, and proposed infiltration Low Impact Development (LID) approached that will conceptually demonstrate meeting the pre -development infiltration target. A follow up phone call on March 6 indicated no concerns with the Zoning By-law amendment proceeding. The Phase I ESA report states that the scope of the investigation is tailored after the Canadian Standards Association's Phase 1 Standard Z768-01 and Ontario Regulation 153/04. The Region of Durham requires Phase One ESA reports to be Record of Site Condition (RSC) compliant using the more rigorous O. Reg. 153/04 standard. As a condition of approval of the Draft Plan of Subdivision, the proponent will be required to provide an PDS-020-23 Attachment 5 RSC compliant Phase One ESA report. This requirement is in accordance with the Region's Site Contamination Protocol and Ontario Regulation 154/03, as amended. No immediate obstruction issue for the Region's NextGen radio system and associated microwave links were identified. Central Lake Ontario ✓ Comments indicated a preference for cash in lieu for Conservation Authority ecological offsetting to be considered only when all other avenues for feature replacement have been exhausted. It is suggested that cash in lieu would only cover the cost of land securement and would not cover the full cost of feature replacement. The calculation provided for cash in lieu represents a portion of the feature on the subject lands while a portion remains on adjacent lands and will be left without function and will be highly susceptible to windthrow. It is suggested the calculations include the entirety of the 0.19 ha woodland. Detailed comments were provided that requires a response and further clarification on storm water management and hydrogeology. Ministry of Transportation School Boards ✓ PVNCCDSB indicated it does not have any interest in this site for future school development. The Conseil scolaire Viamonde had no comment Hydro One Enbridge ✓ No concerns were identified. Canada Post Canada Post has no objections for the proposed Corporation development. Standard Conditions of approval were provided. Bell Canada ✓ No concerns were identified. Standard conditions of approval were provided. Rogers CMHC PDS-020-23 Attachment 6 Background Study Summary Planning Rationale The report concludes that the proposed development Report, and subsequent conforms to the Durham Regional Official Plan, the addendums (August 17, Growth Plan for the Greater Golden Horseshoe and the 2021 and September Provincial Policy Statement. The proposal was determined 30, 2022) and Urban to be appropriate and desirable and represents good Design Brief (August planning. 2022) The brief indicates that the proposal aligns with the Municipality of Clarington General Architectural Design Guidelines and the policies of the Official Plan. The design of the townhouses and single -detached dwellings will provide built form diversity, streetscape character and housing choices. The townhouses will front Nash Road with rear garages to provide upgraded facades along the public realm. The single detached dwellings will provide a transition to existing low -density dwellings on Hancock Road. Environmental Impact The subject lands do not contain any natural heritage Study (February 2020, features. The site is adjacent to Black Creek, so its limits revised July 2021) and associated setbacks were staked and surveyed with CLOCA, the applicant, the Municipality and the property owner to the south. This was done to determine mitigation measures necessary to protect the feature and to identify the limits to inform conceptual plans for potential future development of the surrounding lands and the location of Moyse Drive. A woodlot was identified straddling the subject property and the property to the south. It did not meet the criteria to be considered significant in accordance with the Clarington Official Plan and Region of Durham Official plan. No species at risk or concern were identified. The study recommends the following mitigation measures and suggests that when followed, the proposed development will result in no negative impacts on natural features or their ecological functions- 1 . Compensation for tree removals 2. Low impact development (LID) measures for storm water management 3. Wildlife impact mitigation plan 4. Erosion and Sediment Control Plan 5. Environmental Monitoring Plan PDS-020-23 Attachment 6 6. Arborist Report 7. Landscape Analysis 8. Energy Efficiency and Sustainability Plan Arborist Report (April This report provides measures to protect trees identified 10, 2020) for preservation. This report will require an update when the detailed design is finalized. Landscape Analysis, The proposal intends to maintain the landform drainage (August 28, 2018) patterns. There are no significant site wall or grade alterations proposed Energy Efficiency and The report demonstrates how the development will ensure Sustainability Plan. energy efficiency, provide protection of air and water Prepared (September systems and the natural environment, manage solid waste 2018) during and after construction, and educate homeowners of these sustainable principles. The report states that the proposal meets the sustainable development principles of the Municipality of Clarington, and that it is both appropriate and desirable for the community. Transportation Impact The study indicates that the traffic volumes will be Study, (September 30, accommodated by the proposed access arrangement and 2022) surrounding road network. The site plan can accommodate vehicles and the proposed parking supply to satisfy Clarington's requirements. Functional Servicing This proposal directs stormwater to the existing and Stormwater MacCourtice stormwater management facility. It requires Management Report, upsizing of the storm sewers on Nash Road and their (September 2018, extension to Hancock Road. Modifications to the revised August 2021, MacCourtice SWM facility will be required. LID measures October 2022) are explored as an opportunity to provide on -site quality control through LID measures. A watermain distribution system is proposed to connect to an existing watermain on Nash Road. The external watermain distribution system will be extended to service the lots on Hancock Road. Geotechnical The report indicates that the site is generally suitable for Investigation Report construction with or without basements. The groundwater (July 9, 2018) conditions will require dewatering in the excavations. Recommendations for building design and construction were provided. Noise Impact Study, The study recommends acoustic fencing for the (July 27, 2021) townhouse unit and single detached dwelling that flanks Nash Road and one that is south of the park. Specified units will require warning clauses to inform purchases of potential noise issues. Provisions for forced air heating PDS-020-23 Attachment 6 and central air condition will be required for units adjacent to Nash Road, Hancock Road, and 2 townhouse units south of the park. Phase One Based upon the findings of the report no further Environmental Site environmental investigation with respect to soil and Assessment (March 28, ground water quality is warranted. 2018) Stage 1 Archaeological The results of the Stage 1 assessments indicate that Assessment, 2910 the majority of the subject property has some Hancock Road (June 1, potential for both aboriginal and Euro-Canadian 2018) and 2936 archaeological resources. It recommends a Stage 2 Hancock Road (May archaeological assessment prior to the development 23, 2017) of the subject lands. No soil disturbance or development activities should take place on the subject property unit the Stage 2 archaeological assessment has been completed. Hydrogeological The report indicates that 16 supply water wells are within Investigation (October 500m of the subject property. The private wells are drilled 5, 2022) to deeper depths than the proposed development excavation depths, therefore, any groundwater extraction will not have an impact to the nearby groundwater users. Since the groundwater flow is parallel to Black Creek's flow direction, the likelihood of the groundwater table discharging into the creek is low. Dewatering rates were preliminary and must be re- evaluated once the construction schedule is finalized. Based on assumptions, it is expected that a permit to take water as per O.Reg 387/04 would be required.