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Public Meeting Report
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Report To: Planning and Development Committee
Date of Meeting: April 24, 2023 Report Number: PDS-031-23
Submitted By: Carlos Salazar, Director of Planning and Development Services
Reviewed By: Mary -Anne Dempster, CAO
File Number: ZBA2022-0025 Resolution#: GG-046-23
Report Subject: Proposed Zoning By-law Amendment for 214 Residential Units in
Newcastle.
Purpose of Report:
The purpose of this report is to provide information to the public and Council. It does not
constitute, imply or request any degree of approval.
Recommendations:
1. That Report PDS-031-23 and any related communication items, be received for
information only;
2. That Staff receive and consider comments from the public and Council with respect
to the Zoning By-law Amendment application submitted by 1532314 Ontario Ltd. and
continue processing the applications including preparation of a subsequent report;
and
3. That all interested parties listed in Report PDS-031-23 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PDS-031-23
Report Overview
Page 2
The Municipality is seeking the public's input on an application for a proposed Zoning By-law
Amendment submitted by 1532314 Ontario Ltd. to permit a total of 214 residential units
including, 166 units in a 6-storey apartment building, 39 stacked townhouse units and 9
linked townhouse units. The development includes a private lane, underground parking and
amenity spaces. The site is located at the south-west corner of Rudell Road and Highway 2
(King Avenue) in Newcastle.
1. Application Details
1.1 Owner/Applicant
1.2 Agent:
1.3 Preconsultation Date
1.4 Application Date
1.5 Deemed Complete
1.6 Proposal:
1.7 Area:
1532314 Ontario Ltd.
KLM Planning Partners Inc.
December 20, 2021
December, 2022
March, 2023 (with notice of Statutory Public Meeting)
Zoning By-law Amendment
To rezone the subject lands from "Agricultural Exception (A-
1) "to an appropriate zone to permit a total of 214 residential
units including, 166 units in a 6-storey apartment building, 39
stacked townhouse units and 9 linked townhouse units. The
development includes a private lane, underground parking
and amenity spaces. See Figures 1 and 2.
1.26 hectares
1.8 Location: 1800 Rudell Road, Newcastle
1.9 Within the Built Boundary: Yes
1.10 Roll Number: 18-17-030-030-01400
Municipality of Clarington
Report PDS-031-23
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Figure 1: Site Layout for the proposed Zoning By-law Amendment Application
Page 3
Figure 2: Aerial view of proposed concept at the south-west corner of Rudell and Highway 2
Municipality of Clarington
Report PDS-031-23
2. Background
Page 4
2.1 The applicant has submitted the following studies in support of the application which
have been circulated to departments and agencies for review. The studies will be
summarized in a future report.
• Planning Rationale Report
• Traffic Impact Study
• Heritage Impact Assessment
• Functional Servicing & Stormwater Management Report
• Noise Impact Report
• Tree Inventory
• Site Screening Questionnaire
• Landscape Analysis
• Stage 1 & 2 Archeological Assessment
• Environmental Sustainability Report
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are located west of Ruddell Road, south of King Avenue, in the
Village of Newcastle. The site currently supports a single detached dwelling which is
identified as a secondary structure on the inventory of Heritage Properties in Clarington.
The surrounding uses are as follows:
North Existing residential homes, new homes under construction in the Foster
Creek Northwest neighbourhood
West Single detached dwelling, orchard and beyond, Alfred Alldread Fire
Station
East Existing residential homes
South Dianne Hamre Recreation Complex
4. Provincial Policy
Provincial Policy Statement (PPS)
4.1 The PPS requires planning authorities to provide an appropriate range and mix of
housing types and densities by:
• establishing and implementing minimum targets for the provision of housing
which is affordable to low and moderate income households;
Municipality of Clarington
Report PDS-031-23
Page 5
directing the development of new housing towards locations where appropriate
levels of infrastructure and public service facilities are, or will be available to
support current and projected needs; and
• promoting densities for new housing which efficiently use land, resources,
infrastructure and public service facilities, and support the use of active
transportation and transit in areas where it exists or is to be developed, amongst
other provisions.
4.2 The proposal is consistent with the PPS.
Provincial Growth Plan (Growth Plan)
4.3 The Growth Plan for the Greater Golden Horseshoe 2019 (Growth Plan) provides
guidance on where and how to grow within the Greater Golden Horseshoe (GGH). This
includes requiring Municipalities to maintain a three-year supply of serviced land for
residential development.
4.4 The Growth Plan contains policies for municipalities within the Greater Golden
Horseshoe to manage growth and to direct and encourage development to settlement
areas, providing direction for intensification targets within the designated built-up areas.
The subject site is located within the Newcastle Built -Up Area as defined by A Place to
Grow. The proposal will contribute to the Municipality of Clarington's intensification and
affordable housing targets that will help serve the neighbourhood.
4.5 The proposal is consistent with the Growth Plan.
5. Official Plans
Durham Region Official Plan (ROP)
5.1 The subject site is designated "Living Areas" in the Regional Official Plan (ROP). Each
community within the Living Areas designation shall be developed to incorporate the
widest possible variety of housing types, sizes and tenure to provide living
accommodations that address various socio-economic factors.
5.2 The site is adjacent to Regional Highway 2 (King Avenue) and is designated as a Type
`A' Arterial Road in the ROP. Living Areas shall be developed in a compact form through
higher densities and by intensifying and redeveloping existing areas, particularly along
arterial roads.
5.3 The site also designated Local Corridor in the Municipality of Clarington Official Plan.
Regional Official Plan policies for Local Corridors call for mixed -use areas, with
appropriate densities to support frequent transit service. Portions of Local Corridors with
an underlying Living Areas designation, which are identified as appropriate for mixed -
use development shall support an overall, long-term density target of at least 30
residential units per gross hectare and a floor space index of 2.0.
Municipality of Clarington
Report PDS-031-23
Page 6
5.4 The Durham Region Official Plan policy supports the provision of affordable housing
units as well as the provision of a range of residential unit types in order to support
families, seniors and special needs groups.
5.5 The proposal is consistent with the ROP.
Clarington Official Plan
5.6 The Clarington Official Plan designates the subject lands Urban Residential and Local
Corridor and a Priority Area for Intensification. King Avenue West and Ruddell Road is
a Prominent Intersection.
5.7 The Urban Residential designation is predominantly intended for housing purposes. A
variety of densities, tenure and housing types are encouraged, generally up to 3 storeys
in height. Single detached dwellings, semi-detached dwellings and townhouses are
predominant housing form.
5.8 Local Corridors shall provide for intensification, mixed -use development and pedestrian
and transit supportive development. The development of Local Corridors aims to
improve the public realm and establish walkable, transit supportive corridors through
high quality streetscaping and built form. The minimum density is 40 units per net
residential hectare. The standard building height is 2-6 storeys. Low rise is 2-4 storeys,
mid -rise is 5-6 storeys. The building form can be mixed use buildings, apartments and
townhouses.
5.9 The Clarington Official Plan designates King Avenue West and Ruddell Road is a
Prominent Intersection.
5.10 Prominent Intersections shall serve as community focal points, both visually in terms of
building height, massing and orientation, architectural treatment and materials, and
landscaping, and functionally in terms of destination uses and public spaces and
amenities such as street furniture and public art.
5.11 Rudell Road is a Collector Road. King Avenue is a Type A Arterial Road under the
jurisdiction of the Municipality. King Avenue is a Regional Transit Spine.
5.5 The proposal appears to be consistent with the Clarington Official Plan. Further analysis
will be complete through subsequent processing of the Zoning By-law amendment
application.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject site "Agricultural Exception (A-1) Zone". A
Zoning By-law Amendment is required to permit the proposed residential uses. The
applicant has prepared a draft zoning by-law amendment. See Attachment 1.
Municipality of Clarington
Report PDS-031-23
7. Public Notice and Submissions
Page 7
7.1 Public Notice was mailed to each landowner within 120 metres of all the subject lands
and Public Meeting signs were installed on Rudell Road and King Avenue West.
7.2 As of writing this report, Staff received have not received any comments from members
of the public.
8. Department and Agency Comments
8.1 At the time of writing this report, no adverse comments had been received from
circulated departmental Department and Agencies. The Comments are summarized in
Attachment 2.
9. Discussion
Site Design
9.1 The siting of the apartment building and townhouses meets the policies of the Official
Plan for Local Corridors with respect to height and density. Local Corridors are Priority
Intensification Areas and are primary locations to accommodate growth and the
greatest mix of uses, height and densities. The minimum density for Local Corridors is
a minimum of 40 units per net hectare. The proposal is 170 units per net hectare. The
apartment building is 6 storeys, the range for building height in Local Corridors are
between 2 to 6 storeys. The height of the townhouses is 3 storeys at the private lane
and 4 storeys at the rear of the units. The proposal does not include any mixed uses.
Future Development Approvals
9.2 The applicant has provided detailed concepts for the site to support the rezoning but
has not applied for Site Plan approval. Once a complete application for Site Plan
approval has been submitted, it will go through the rigour of the site plan review
process. Staff will ensure it meets high -quality urban design, landscaping and includes
private amenity space and public spaces in keeping with Official Plan policies.
9.3 There are many details to be reviewed with the applicant before staff will recommend
approval of a zoning by-law amendment, including, but not limited to, adding mixed
uses, a secondary access, private amenity spaces on a sanitary sewer easement in
favour of the Region of Durham, reduced rear yard setback for stacked townhouses,
and a reduction in the number of parking spaces.
9.4 The applicant intent is to proceed with a standard condominium for the entire site. An
application for condominium will be required.
Municipality of Clarington Page 8
Report PDS-031-23
Cultural Heritage
9.5 The dwelling on the site has been secondary status on the Heritage Inventory of
properties. A Heritage Impact Assessment has been submitted and currently under
review by Staff.
10. Financial Considerations
10.1 Financial implications of this project will be included in subsequent reports as more
information becomes available.
11. Concurrence
11.1 This report has been reviewed by the Deputy CAO/Treasurer.
12. Conclusion
12.1 The purpose of the Public Meeting report is to provide background information on the
proposed Zoning By-law Amendment application to permit a total of 214 residential
units for the Public Meeting under the Planning Act. Staff will continue processing the
applications including preparation of a subsequent report.
12.2 Given the changing land use legislation and provincial priorities that are impacting the
municipality and the agencies involved in the development process, as well as the
availability of local resources, the Municipality cannot commit to a specific date to bring
a recommendation report forward. Staff is committed to expeditiously review and
process applications, this timing is also impacted by the willingness of the applicant to
meet Council policies and standards and provide the information in a timely manner.
Staff Contact: Amanda Tapp, Manager of Development Review, (905) 623 3379 x 2427 or
atapp@clarington.net
Attachment 1 Draft Zoning By-law Amendment by Applicant
Attachment 2 Departmental and Agency Comments
Attachment 1 to
PDS-031-23
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905-623-3379
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 ZBA 2022-0025;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. Section 15.4 `Special Exceptions — Urban Residential Type Four (R4) Zone' is
hereby amended by adding thereto, the following new Special Exception:
"15.4.X Urban Residential Exception (R4-X) Zone:
Notwithstanding Sections 3.12, 3.16, 15.1(a), 15.2(a), 15.2(c), 15.2 (g), 15.2(h),
15.2(i), those lands zoned "R4-X" on the Schedules to this By-law shall only be
used subject to the following zone provisions:
a. Permitted Uses
i) Apartment Building
ii) Linked Townhouse Dwelling
iii) Stacked Townhouse Dwelling
b. Density:
i) Minimum 120 units per hectare
ii) Maximum 170 units per hectare
iii) The number of Linked Townhouse Dwelling units shall not exceed 9
units.
iv) The number of Stacked Townhouse Dwelling units shall not exceed 39
units.
C. General Regulations
i) Lot Coverage (Maximum) 45%
ii) Landscape Open Space (Minimum) 20%
iii) Parking Structure setback from 1.5 metres
property line below grade (minimum).
d. Regulations for Apartment Building (Minimum):
i) Setback to the Street Line along Ruddell Road 2.0 metres
ii) Setback to the Street Line along Highway No. 2 2.5 metres
iii) Setback to the Street Line at Sight Triangle 1.5 metres
iv) Notwithstanding the yard requirements, a portion of the building above
the first storey may project a maximum of 1.0 metres into a required
setback to a Street Line.
v) Notwithstanding the yard requirements, terraces on the first floor and
balconies above the first floor may project a maximum of 2.0 metres
into a required setback to a Street Line, 1.5 metres at a Sight Triangle.
vi) Setback to a Linked Townhouse Dwelling 18 metres
vii) Setback to a Stacked Townhouse Dwelling 13 metres
1
viii) Maximum height 6 storeys
ix) Loading Space (4 m x 11 m) 1 space
x) Bicycle Parking (Minimum) 0.5 space per dwelling unit
A) Residential parking space for 2 bedroom unit 1.15 spaces per unit
xii) Indoor Amenity Space (Minimum) 2 sq. m. per unit
xiii) Outdoor Amenity Space (Minimum) 4 sq. m. per unit
e. Regulations for Linked Townhouse Dwelling (Minimum):
i) Setback to the Street Line along Highway No. 2 2.0 metres
ii) Setback to a private street or sidewalk 5.3 metres
iii) Setback to rear lot line 6.0 metres
iv) Maximum height 10.7 metres
f. Regulations for Stacked Townhouse Dwelling (Minimum):
i) Setback to the Street Line along Ruddell Road 4.0 metres
ii) Setback to a private street 3.7 metres
iii) Setback to interior lot line 4.5 metres
iv) Maximum height 13.9 metres
2 All other provisions of By-law 84-63 shall apply.
3. Schedule '5' to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from `Agriculture Exception (A-1)' to `Urban Residential Type
Four (R4)' 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 Section 34 of the Planning Act.
Passed in Open Council this day of 12023.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
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Attachment 2 to
PDS-031-23
Department/Agency
Comments
Summary of Comments
Received
Development Engineering
✓
Development Engineering Division
has no objections, in principle, to
the applications.
The applicant is required to construct
concrete sidewalk along the entire
property frontage on Highway 2.
As proposed, the townhouse
units on the west side of the Site
have no usable rear yard space.
The sanitary servicing easement
will have restrictions for use as
rear yard space. Designating the
sanitary easement as a private
amenity area is not acceptable
to the Municipality.
An updated Functional Servicing
Report will be required with the
Application for Site Plan
Approval.
The Traffic Impact Study will need to
address a number of comments
including but not limited to, trip
generation, growth estimates, site
triangle, waste pick up.
Reduction of 10 parking spaces is not
acceptable.
Cash -in-lieu of parkland is required.
Building Division
Fire and Emergency
✓
A secondary emergency route to King
Services
Avenue is recommended.
Accessibility Committee
✓
Comments will be provided for the
detailed review of the Site Plan
application.
Region of Durham
✓
The comments indicate that the
(Planning, Works, &
proposed rezoning conforms to the
Transit, Police)
Provincial Policy Statement, Growth
Plan and the policies of the Durham
Region Official Plan.
Attachment 2 to
PDS-031-23
Department/Agency
Comments
Summary of Comments
Received
The Region encourages the
Municipality and the applicant to
consider alternative plan designs that
will incorporate a mix of uses on this
site which is adjacent to a Local
Corridor
A 6.0 metre sanitary sewer easement
will be required on the west side of
the site and shall not encumbered .
Durham Region Transit cannot
guarantee levels of service within the
subject area.
Ganaraska Region
✓
GRCA have no objection in principle
Conservation Authority
to the rezoning.
The subject property not regulated by
the GRCA. A permit will not be
required from the GRCA prior to any
development on this site.
School Boards
Elexicon
Enbridge
✓
No concerns were identified.
Canada Post Corporation
✓
Canada Post has no objections
for the proposed development.
Standard Conditions of approval
were provided.
Bell Canada
Rogers
✓
No concerns were identified
CMHC