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Staff Report
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Report To: Special Planning and Development Committee
Date of Meeting: April 24, 2023 Report Number: PDS-022-23
Submitted By:
Reviewed By:
File Number:
Report Subject:
Carlos Salazar, Director of Planning and Infrastructure Services
Mary -Anne Dempster, CAO
ZBA2021-0009
Resolution#: PD-040-23
By-law Number:
(x.ref S-C-2009-0001 and S-C-2021-0002)
Zoning By-law Amendment application for 14 Single Detached
Dwellings in the Hancock Neighbourhood, Courtice
Recommendations:
1. That Report PDS-022-23 and any related communication items, be received;
2. That the Zoning By-law Amendment application submitted by Headgate
Developments Inc. for 14 single detached dwellings on Blocks 6 and 7, Plan
40M2726 be approved and the By-law in Attachment 1 to Report PDS-022-23 be
passed;
3. That the Region of Durham Planning and Economic Development and Municipal
Property Assessment Corporation be forwarded a copy of Report PDS 022-023 and
Council's decision; and
4. That all interested parties listed in Report PDS-022-23 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PDS-022-23
Report Overview
Page 2
This report recommends approval of a portion of a proposed Zoning By-law Amendment
submitted by Headgate Developments Inc. to permit 14 single detached dwellings on a new
public road. The subject lands are within the Hancock Neighbourhood, in Courtice and have
been approved as Block within Plan of Subdivision 40M2726 (S-C-2009-0001).
1. Application Details
1.1 Owner/Applicant:
1.2 Agent:
1.3 Proposal:
1.4 Area:
1.5 Location:
in,e
1.7 Within Built Boundary
2. Background
Headgate Developments Inc.
Scott Waterhouse, GHD Limited
Zoning By-law Amendment
To rezone the subject lands from "Agricultural (A)" and
"Environmental Protection (EP)" to appropriate zones that would
permit 14 single detached dwelling units.
1.14 Hectares
Blocks 6 and 7, Plan 40M2726, west of Duval Street between
Broome Avenue and Tabb Avenue, Courtice (See Figure 1)
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2.1 The subject lands were draft approved as two future development blocks in 2014 under
application S-C-2009-0001 and subsequently registered in 2022 within Plan 40M 2726
(see Figure 1). The zoning for the Future Development Blocks in 401VI- 2726 remained
as they were prior to the 2014 approval as "Agricultural (A)" and "Environmental
Protection (EP)". The zoning remained for two main reasons:
• due to the location of an auto wrecker in close proximity at 3090 Hancock Road.
The auto wrecker operation has since been removed.
• inadequate road frontage. Block 7 relied on approval of Draft Plan of Subdivision
SC-2018-0003 to provide the street the lots will front on. That subdivision was
approved in December 2022.
Municipality of Clarington
Report PDS-022-23
Page 3
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Figure 1: Subject Lands
2.2 The subject lands will consist of 14 lots. Since the lands are within Blocks in a
registered Plan of Subdivision, the lots can be created through an application for
exemption to Part Lot Control.
Municipality of Clarington
Report PDS-022-23
Page 4
2.3 The subject lands are located within the Hancock Neighbourhood Design Plan approved
in 1998 and amended in April 2013 (see Figure 2). The Neighbourhood Plan is
intended to guide development for the area. The exact lotting pattern and street layouts
is determined at the application stage once the required studies have been submitted to
support of the subdivision application. Approvals of Plan of Subdivision S-C-2018-0003
included a reconfiguration in the street pattern which provides a street adjacent to the
entire frontage of Block 7 (see Figure 3).
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Figure 2- Approved Hancock Neighbourhood Design Plan
Municipality of Clarington Page 5
Report PDS-022-23
2.4 Since the Hancock Neighbourhood Plan was updated in 2013, there have been several
developments approved in the Hancock Neighbourhood. (Figure 3).
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Figure 3: Subject lands and surrounding development applications and approvals in the
Hancock Neighbourhood since 2013
Municipality of Clarington Page 6
Report PDS-022-23
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are generally located on the north side of Nash Road between Harry
Gay Drive to the west and Duval Street to the east (Figure 4). The lands are currently
vacant.
3.2 The surrounding uses are as follows:
North - Single detached dwellings, Draft Approved Subdivision (Phase 2, S-C 2009-
0001) and environmentally protected lands.
South - Lands subject to a proposed Draft Plan of Subdivision (S-C 2021-0002) for 6
single detached dwelling units and a townhouse block fronting onto Nash Road
East - Single detached dwellings, Draft Approved Plan of Subdivision (S-C 2018-
0003) for 138 units.
West - Single detached dwellings
4. Provincial Policy
Provincial Policy Statement (PPS)
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 The subject application complies 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. The subject
lands are within the Greenfield Area identified by the Growth Plan. The subject
application complies with the Growth Plan.
Official Plans
Durham Region Official Plan
4.4 The Durham Region Official Plan designates the subject lands 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.
Municipality of Clarington Page 7
Report PDS-022-23
4.5 The subject application complies with the Durham Region Official Plan.
Clarington Official Plan
4.6 The Clarington Official Plan designates the subject lands Urban Residential. The Urban
Residential designation is predominately intended for housing purposes.
4.7 Consistent with higher levels of government planning documents, the Clarington Official
Plan supports opportunities for intensification within the existing neighbourhoods, while
having regard for established residential areas.
4.8 Permitted uses include limited apartments, townhouses, single and semi-detached
units.
Hancock Neighbourhood Design Plan
4.9 Within the Hancock Neighbourhood Design Plan the subject lands are identified for
single detached dwellings. The plan also indicates the extension of Broome Avenue
and Tabb Avenue east through the subject lands. Some of the proposed dwellings will
front onto a future road in the adjacent draft approved plan (S-C-2018-0003).
5 Zoning By-law
5.1 Zoning By-law 84-63 zones the subject lands, "Agricultural (A)" and "Environmental
Protection (EP)". A Zoning By-law Amendment is required to permit the proposed 14
single detached dwelling units.
6 Summary of Background Studies
6.1 The applicant has submitted several studies. The majority are applicable to application
for Draft Plan of Subdivision S-C-2021-0002 submitted along with this Zoning By-law
amendment application. Staff are confident existing issues can be dealt with through
the subdivision process. The studies will be addressed in a subsequent report
pertaining to the Draft Plan of Subdivision and the balance of this application. There is
discussion included on the proposed zoning in the Planning Justification Report that will
be discussed in Section 9.
7 Public Notice and Submissions
7.1 The Public Meeting for the related Plan of Subdivision SC-2009-001 was held on
January 10, 2011. The comments were taken into consideration in PSD-019-14 and in
the Subdivision Agreement for 40M 2726.
7.2 The Public Meeting for ZBA2021-0009 was held on April 25, 2022. Public notice was
mailed to each landowner within 120 metres of the subject lands and signage was
posted on the subject property.
Municipality of Clarington Page 8
Report PDS-022-23
7.3 A letter was sent to all interested parties advising them the recommendation was
scheduled with details as to how they could register as a delegation.
7.4 Two residents spoke at the public meeting on April 25, 2022. Correspondence was
received from five other residents and a petition was submitted. Two submissions were
received from neighbouring developers.
7.5 Submissions received via email and at the Public Meeting on April 25, 2022, expressed
concern with the following:
• lack of greenspace and parkland
protection of environmental features
• consistency with the neighbourhood and concerns with proposed townhouses on
the lands subject to S-C-2021-0002
These concerns will be discussed in a subsequent report dealing with that proposal.
They cannot be applied to Blocks 6 and 7, which have already been assessed and
granted development rights through the approval of S-C-2009-0001.
8 Agency and Department Comments
8.1 The Region of Durham, Central Lake Ontario Conservation Authority and the Kawartha
Pine Ridge District School Board provided comments when the lands were granted
approval for the Plan of Subdivision (refer to PSD-019-14). Their comments and
conditions were taken into consideration in the Subdivision Agreement for 40M-2726.
8.2 Circulated departments and agencies did not provide objections to the proposed Zoning
By-law Amendment for Blocks 6 and 7 on 40M-2726. Comments received focused on
the proposed Draft Plan of Subdivision S-C-2022-0012. That proposal and the balance
of the Zoning By-law amendment application pertaining to those lands will be addressed
in a subsequent report.
9 Discussion
9.1 The subject lands are within the Hancock Neighbourhood in Courtice. The approved
Hancock Neighbourhood Plan was designed through community consultation to balance
the requirements of the Provincial Policy Statement, Provincial Growth Plan, Durham
Region Official Plan requirements and recognize the existing natural heritage features in
the area.
Municipality of Clarington Page 9
Report PDS-022-23
9.2 Zoning for Blocks 6 and 7 on 40M-2726 was not applied when the plan of subdivision
was approved in 2014. This was due to the lack of frontage onto a public road and
proximity to an auto wrecker. The auto wrecker has been removed and is now part of a
Draft Approved Plan of Subdivision S-C-2018-0003. Creation of the lots can proceed
through a subsequent Part Lot Control application to the satisfaction of the Director of
Planning and Infrastructure.
9.3 The use of the blocks were originally contemplated for seven lots and three part lots for
10 single detached units. The applicant submitted technical reports in support of the
applications, including an Environmental Impact Study. The residents' comments
received at the Public Meeting in 2011, and the Agency and Department comments
were taken into consideration through PSD-019-14. A Subdivision Agreement has
been executed, and the terms and conditions are also binding on these blocks.
Cash in Lieu of Parkland
9.4 The development of Blocks 6 and 7 are dependant on a new road in the adjacent
subdivision. Since the number of lots have increased, Staff will include a requirement for
additional cash in lieu of parkland contributions through and amendment to subdivision
agreement 40M-2726.
Cost Sharing
9.5 The applicant will be required to enter into a Cost Sharing arrangement for the
installation of services, utilities and roads, with the adjacent landowner. A (H) Holding
Symbol will be placed on the Blocks until access is available through the construction of
the Street on plan of subdivision S-C-2018-0003.
Holding Symbol
9.6 The Holding Symbol shall only be removed once the following conditions have been
fulfilled:
All obligations in the amending registered Subdivision Agreement have been
met; and
2. Headgate Developments Inc. provides Staff with an executed Cost Sharing
Agreement with the landowner to the east (S-C 2018-0003) for the construction
of services, utilities and roads.
9.7 Once the (H) Holding Symbol is removed, house construction can begin, and the
applicant may apply for exemption to Part Lot Control. The passing and registration of
the Part Lot Control By-law will create 14 lots for single detached dwellings.
Municipality of Clarington
Report PDS-022-23
10 Financial Considerations
Page 10
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.
Maintenance and minor repairs of the road infrastructure will be included in future
operating budgets.
11 Concurrence
11.1 This report has been reviewed by the Deputy CAO/Treasurer who concur with the
recommendations.
12 Conclusion
12.1 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
Headgate Development Inc. 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 x2415, or
twebster cc .clarington.net.
Attachments:
Attachment 1 — Draft Zoning By-law
Interested Parties:
List of Interested Parties available from Planning and Infrastructure Services.
Attachment 1 to
PDS-022-23
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Coordinator at 905-623-3379 ext. 2131
The Corporation of the Municipality of Clarington
By-law Number 2023-xxx
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 ZBA2021-0009;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from "Agricultural (A) Zone" and "Environmental Protection
(EP) Zone" to "Holding - Urban Residential Exception ((H)R2-49)", "Holding -
Urban Residential Exception ((H)R2-58)" and "Holding - Urban Residential
Exception ((H)R2-66)" as illustrated on the attached Schedule `A' hereto.
2. Schedule `A' attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and Section 36 of the Planning Act.
Passed in Open Council this day of
.2023
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
This is Schedule "A" to By-law 2023- , passed this day of , 2023 A.D.
BROOMEAVENUE
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Courtice • ZBA2021-0009 • Schedule