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HomeMy WebLinkAboutPDS-006-24Public Meeting 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: February 12, 2024 Report Number: PDS-006-24 Submitted By: Reviewed By: Authored By: File Number: Report Subject: Carlos Salazar, Deputy CAO, Planning and Infrastructure Services Mary-Anne Dempster, CAO Nicole Zambri, Senior Planner SC-2023-0001 and ZBA2023-0018 Resolution#: Information and Recommendation on a Draft Plan of Subdivision and Rezoning to permit a Block of 43 Townhouse Units within a Common Elements Condominium for Lands at 3051 Courtice Road Purpose of Report: The purpose of this report is to provide information and gather input from the public and Council, as well as recommend approval if there are no major concerns raised from the public . Recommendations: 1.That Report PDS-006-24 and any related communication items, be received; 2.That the rezoning application submitted by Courtice Glade Holding Inc., be approved and the By-law in Attachment 1 to Report PDS-006-24 be approved; 3.That the application for Draft Plan of Subdivision S-C-2023-0001 submitted by Courtice Glade Holding to permit a townhouse block be supported subject to the conditions approved by the Deputy CAO of Planning and Infrastructure Services; 4.That any Council and/or Public concerns regarding the subdivision be addressed through the conditions of draft approval or through the subsequent Site Plan application process; 5.That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol and the conditions of the Subdivision and Site Plan are satisfied, the By-law authorizing the removal of the (H) Hold Symbol be approved; 6.That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS- 006-24 and Council’s decision; and Municipality of Clarington Page 2 Report PDS-006-24 7. That all interested parties listed in Report PDS-006-24 and any delegations be advised of Council’s decision. Municipality of Clarington Page 3 Report PDS-006-24 Report Overview The Municipality is seeking public input on applications for a proposed Draft Plan of Subdivision and Zoning By-law Amendment submitted by Courtice Glade Holding to permit a Block of 43 Townhouse Units within a Common Elements Condominium at 3051 Courtice Road in Courtice. The site also includes a private lane, visitor parking, a private outdoor amenity space and a pedestrian walkway to access a future public trail along the creek . Should there be no significant concerns from the public, Staff recommend that the zoning by- law amendment be approved. 1. Application Details 1.1 Owner: Courtice Glade Holding 1.2 Applicant: The Biglieri Group 1.3 Proposal: Draft Plan of Subdivision The proposed draft plan of subdivision would create a block to facilitate the development of a common element condominium townhouse block. It also would create two additional blocks for the conveyance of a road widening and open space lands. Zoning By-law Amendment To rezone the lands from “Agricultural (A)”, “Urban Residential Exception (R1-1)”, and “Environmental Protection (EP)” to an appropriate “Urban Residential Exception (R3)” zone in order to facilitate the development of 43 townhouse units. The rezoning also proposes to reflect the limits of the Environmental Protection Zone in accordance with the Clarington Official Plan policies. 1.4 Area: 3.93 acres (1.6 ha) 1.5 Location: 3051 Courtice Road, Courtice 1.6 Roll number: 1817-010-090-11300 1.7 Within Built Boundary: Yes Municipality of Clarington Page 4 Report PDS-006-24 2. Background 2.1 On December 4, 2023, the Biglieri Group, on behalf of Courtice Glade Holding, submitted applications for a draft plan of subdivision and rezoning for 43 townhouse units with a height of three storeys. The proposal also includes common elements such as an outdoor amenity area, a private street, visitor parking and a pedestrian trail connection (Figure 1). The site is proposed to have a vehicle entrance off of Courtice Road, with the flexibility to have a future private road con nection to adjacent lands to the south and to 3079 Courtice Road, should those lands redevelop. Figure 1 – Proposed Site Plan Municipality of Clarington Page 5 Report PDS-006-24 2.2 The applicant has submitted the following supporting documents which have been circulated to various departments and agencies for review. They are available upon request and are summarised in Section 9 of this report.  Planning Rationale Report  Urban Design Brief  Environmental Impact Study  Sustainability Report  Noise Impact Study  Geotechnical Investigation  Hydrogeological Assessment  Transportation Impact Study  Functional Servicing and Stormwater Management Report  Archeological Assessment – Stage 1  Archeological Assessment – Stage 2  Phase One Environmental Site Assessment  Phase Two Environmental Site Assessment  Tree Inventory & Preservation Plan Report 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 3051 Courtice Road in Courtice, close to the intersection of Nash Road and Courtice Road. The site has approximately 72 metres of frontage along Courtice Road. 3.2 The site area is approximately 4 acres (1.6 ha) and contains a detached dwelling, accessory buildings and a parking area for the existing chiropractic office. Natural heritage features are located towards the back of the property, on the east side of the site and some mature trees are scattered throughout property. 3.3 The Surrounding uses are as follows: North – A proposed residential development subject to an Ontario Land Tribunal decision. East – A watercourse that is a tributary to the Black Creek, vegetation, and a wetland. To the southeast is Faith United Church. 3.4 South and west- Mainly single detached dwellings. To the very far southwest corner is the Courtice Secondary School. There is also a stormwater management pond on the south side of Nash Road. Municipality of Clarington Page 6 Report PDS-006-24 Figure 2 – Subject Site and Surrounding Context Municipality of Clarington Page 7 Report PDS-006-24 Figure 3 – Subject Lands Existing Conditions – Looking East 4. Provincial Policy Provincial Policy Statement (PPS) 4.1 The Provincial Policy Statement (PPS) policies direct growth to settlement areas and promote compact development forms. The subject lands are proposed within the Courtice Settlement boundary. Planning authorities are to facilitate a variety of housing forms and promote residential intensification to achieve efficient development patterns, especially along public transit and active transportation routes. 4.2 The PPS requires Planning authorities to identify appropriate locations and promote opportunities for intensification and redevelopment. It also requires Planning authorities to identify the availability of suitable existing or planned infrastructure and public service facilities required to accommodate these projected needs. Municipality of Clarington Page 8 Report PDS-006-24 4.3 Settlement Areas shall encourage opportunities for infill where it can be accommodated, taking into consideration the character of the neighbourhood and the existing or planned infrastructure. The proposed townhouses are a form of infill development and would be appropriate for the neighbourhood. 4.4 The PPS also provides for the protection of natural heritage features to ensure ecological diversity and connectivity, and to ensure long-term ecological functions are maintained. Development is not permitted within natural heritage features or adjacent to the features unless it has been demonstrated that there will be no negative impacts on the natural heritage features or their ecological functions. 4.5 The proposal is consistent with the Provincial Policy Statement. A Place to Grow: Growth Plan for the Greater Golden Horseshoe 2019 (Growth Plan) 4.6 The Growth Plan is a long-term planning framework that manages growth, mainly within the urban areas of the Greater Golden Horseshoe. It provides policies to encourage complete communities, which includes a diverse mix of land uses, a mix of employment and housing types, high quality public open spaces, and convenient access to local stores and services. New transit-supportive and pedestrian-friendly developments will be concentrated along existing and future transit routes. The objective is to protect the natural environment, make use of existing public infrastructure, and encourage compact development within the already built-up areas of the municipality. 4.7 The subject lands are within the defined Built Boundary and within the Urban Boundary of Courtice. Growth is to be accommodated by directing development to the existing built-up areas of Courtice through intensification. The proposal will provide medium density residential units in proximity to two arterial roads and will contribute to the Municipality of Clarington’s annual intensification target. 4.8 The applications satisfy the objectives of the Growth Plan. 5. Official Plans Durham Region Official Plan (ROP) 5.1 The subject site is designated "Living Areas” in the ROP. Living Areas are to be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads. The site is also adjacent to Courtice Road and in proximity to Nash Road, designated as Type ‘A’ and Type ‘B’ arterial roads respectively in the ROP. 5.2 Schedule ‘B’ Map ‘B1e’ of the ROP identifies Key Natural Heritage and Hydrologic Features (KNHHF) within and adjacent to the subject site. Any proposed development in proximity to a KNHHF shall be accompanied by an Environmental Impact Study (EIS). Municipality of Clarington Page 9 Report PDS-006-24 5.3 An EIS was prepared by GeoProcess Research Associates Inc. and was submitted in support of the development. The EIS stated that the proposed development is unlike ly to have measurable effects on the surrounding Natural Heritage System (NHS) and the ecological system that it supports. The EIS made recommendations which the Region encourages the Municipality of Clarington to consider as conditions of final approval of a future Site Plan application. 5.4 The proposed development will provide 43 medium density housing units and will intensify and redevelop an existing area adjacent and in proximity to two arterial roads and will contribute to the allocation of units for intensification as outlined in Schedule E – Table ‘E9’ of the ROP. As such, the proposed development conform s to the policies of the ROP. 5.5 The subject site is designated “Community Area” in the recent “Envision Durham” Official Plan. The ROP was adopted by Regional Council on May 17, 2023. Community Areas are to be planned for a variety of housing types, sizes and tenures. 5.6 Envision Durham policies also require natural heritage features and the associated minimum vegetation protection zones to be protected from development impacts. The Region of Durham relies upon the local municipality’s policies to determine the minimum distance to the features for the sufficient protection of the feature and its functions. 5.7 The proposal conforms to the recently adopted Regional Official Plan. Clarington Official Plan (COP) 5.8 The Clarington Official Plan designates the property “Urban Residential”, “Environmental Protection” and “Special Study Area 1”. It is also located within the Built - Up Area of the Municipality. The proposal for 43 townhouse units would contribute towards the Municipality’s Residential Intensification Target and utilize existing public services and infrastructure. Intensification within the Built-up Areas is encouraged and is to be given priority. 5.9 Table 4-3 of the Plan provides the Urban Structure Typologies for specific areas of the Municipality. These identified areas are where growth and higher intensity-built forms are to be directed. The site is located at the edge of a neighbourhood and is adjacent to a Type A Arterial Road, Courtice Road. The site is also adjacent to a DRT bus route, and therefore has access to public transit. No on street parking is permitted along Courtice Road. 5.10 The subject lands are required to meet a minimum net density of 19 units p er hectare. Proposal is for about 45 units per net hectare. The built form shall be between 1 to 3 storeys and primarily used for ground related units including limited apartments, townhouses, semi-detached, or detached dwellings. The proposal is for linke d townhouses with a height of 3 storeys. Municipality of Clarington Page 10 Report PDS-006-24 5.11 Any intensification or infill development, such as the one being proposed, must also consider and respect the surrounding context. Consideration will be given to:  Pattern of lots  Size and configuration of lots  Building types of nearby properties  Height and scale of buildings  Setback of buildings from the street  Rear and side yard setbacks 5.12 Multi-unit residential development will be developed on the basis of the following site development criteria:  Suitability of the size and shape of the site;  Compatibility with the surrounding neighbourhood;  Minimize impact of traffic on local streets;  Multiple and direct vehicular accesses from public streets, without reliance on easements;  Variety of unit designs;  Townhouses sited on blocks shall generally not exceed 50 units. 5.13 The proposal is for 43 townhouse units up to three storeys and one vehicle access off of Courtice Road, with potential future vehicle connections to the south. There is also sufficient setbacks and transition to the lower density dwellings surrounding the subject lands. The proposal is generally in conformity with the intensification and multi -unit policies of the Clarington Official Plan 5.14 There are also natural heritage features located on the east side of land s and a tributary that transverses the property contained within these features. 5.15 Special Study Area 1 is shown to identify the significance of the tributary that is considered indirect fish habitat, and which lies adjacent to the Provincially Significant Wetland and forms part of the hydrological function of the neighbourhood. 5.16 An Environmental Impact Study was prepared to define the development limits and meet the requirements of the Official Plan. No development is permitted within the natural heritage features or their minimum vegetation protection zone. The applicant has demonstrated that the proposal is consistent with the Official Plan policies. As per Clarington’s Parkland and Open Space By-law, lands in the NHS and MVPZ may be dedicated to the municipality, free and clear of all encumbrances as part of the development application process in order to meet the Municipality’s long-term goals or their protection and conservation. Dedication of open space lands do not count towards parkland dedication. Municipality of Clarington Page 11 Report PDS-006-24 5.17 The proposal generally conforms to the Clarington Official Plan. Hancock Neighbourhood Design Plan 5.18 The subject lands are also within the Hancock Neighbourhood Design Plan. The plan identifies the subject lands as a medium density block and the Special Study Area. The proposal is consistent with the Hancock Neighbourhood Design Plan. Municipality of Clarington Page 12 Report PDS-006-24 Figure 4 – Hancock Neighbourhood Design Plan Municipality of Clarington Page 13 Report PDS-006-24 6. Zoning By-law 6.1 The property is zoned “Urban Residential Exception (R1-1)”, “Agricultural (A)”, and “Environmental Protection (EP)” in Zoning by-law 84-63. The Agricultural Zone is a common zone category for underdeveloped lots located within Settlement Areas. All three zone categories do not permit the proposed townhouses, and as such, a rezoning application is required. The proposed zoning by-law amendment would permit the development of 43 townhouses and recognize the extent of the environmental features and the associated minimum vegetation protection zone. A Holding (H) Symbol would be place on the zoning until the Draft Plan of Subdivision is registered and the Site Plan Agreement is finalized. 7. Public Notice and Submissions 7.1 Public notice was mailed to approximately 35 residents within 120 metres of the subject lands on January 18, 2024. Signage was also posted on the property, alo ng Courtice Road, advising of the complete application received by the Municipality and details of the public meeting. Details of the application were also posted on the Municipality’s website. 7.2 At the time of writing this report, no public comments were re ceived. 8. Department and Agency Comments 8.1 A list and summary of the agency and internal department comments received, at the time of writing this report, can be found in Attachment 3. 9. Summary of Background Studies 9.1 The applicant has submitted several studies in support of the development applications which have been circulated to various agencies and departments for review and comment. Planning Rationale Report, Biglieri Group, May 2023 (revised November 2023) 9.2 A Planning Rationale was submitted in support of the application. The proposal is for 43 townhouse dwelling units with access off a private road. The proposed townhouse units vary in size, between 5.5 and 6.0 metres wide and consist of nine dual frontage townhouse units with rear yard garages. The remaining units are standard townhouse units. The private road will be built to a width of 6.5 metres in order to facilitate Regional waste pick-up. Municipality of Clarington Page 14 Report PDS-006-24 9.3 The report concludes that the proposal is in conformity with the upper-level policies, the Clarington Official Plan, and the Hancock Neighbourhood Design Plan, and represents good planning. Urban Design Brief, Biglieri Group, December 2023 9.4 An Urban Design Brief was prepared to demonstrate how the proposed development complements the existing low-density land uses, while meeting the objectives of the Official Plan policies in terms of density and pedestrian scaled built forms. The report also identifies priority lots which would have upgraded architectural features to e nhance the design given their prominent visibility. Below is an excerpt from the report which shows the conceptual elevation drawings. It is important to note that the width of the townhouses shown on the elevations for the dual frontage townhouses is 6 me tres, however this is not consistent with the site plan which shows a width of 5.8 metres for the lots which front Courtice Road. No elevations were provided for the standard townhouses that have a width of 5.5 metres. Figure 5 – Conceptual Elevations Municipality of Clarington Page 15 Report PDS-006-24 Environmental Impact Study, GeoProcess Research Associates, May 2023 (revised November 2023) 9.5 An Environmental Impact Study was completed to determine the extent of the natural heritage features and evaluate the presence of any species at risk or significant wildlife habitat. In order to determine the extent of the features, CLOCA, Municipal Staff, and Terrastory attend the site on September 2022 to stake the dripline. Since then, GeoProcess was retained to evaluate other natural heritage features on site and complete the EIS. The features were re-staked on July 2023 to confirm these limits. Staff and CLOCA are generally satisfied and have accepted the extent of the features and buffer areas shown on the figures within the EIS. 9.6 In order to achieve a consistent development limit from north to south for the rear property lines and a more efficient site layout, the report indicates a reduction to the minimum vegetation protection zone (MVPZ) for the south portion of 26 m 2. The reduction is offset by an increase of 134 m2 towards the north. The Clarington Official Plan policies state that any modification to the MVPZ must be supported by the EIS and must have an overall net gain. The report has indicated support for the minor adjustment. It also proposes a number of mitigation measures, such as revegetation of the MVPZ with native plant species, the installation of a fence along the proposed easterly property boundary, directing lighting away from the surrounding natural areas, and an information package for homeowners which will be implemented through the appropriate agreements. Sustainability Report, Biglieri Group, May 2023 (revised November 2023) 9.7 A Sustainability Report was prepared to demonstrate how the development will achieve the Municipality’s main environmental sustainability objectives. It includes a checklist from the Municipality’s Priority Green Development Framework and Implementation Plan. The report indicates that each unit will be designed to accommodate a future electric vehicle supply equipment within the private garage, an additional 35 new trees will be provided throughout the site, and regional waste pick up will be accommodated, among others. Noise Impact Study, YCA Engineering Ltd., April 2023 (revised November 2023) 9.8 A Noise Impact Study was prepared to examine the noise levels from road traffic on Courtice Road and Nash Road. The study recommended several noise abatement measures, including mandatory air conditioning units and upgraded windows for Buildings 1 and 2, which face Courtice Road. It also recommends warning clauses for home buyers affected by high noise exposure. These warning clauses will be included in the applicable agreements. Municipality of Clarington Page 16 Report PDS-006-24 Geotechnical Investigation, Haddad Geotechnical Inc., April 17, 2023 (revised Nov. 7, 2023) 9.9 The Geotechnical Investigation indicated that the upper fill materials are not suitable for the support of foundations. However, the subsoils below grade are satisfactory for the support of shallow foundations. The report recommends excavation of th e upper fill materials. 9.10 The report indicates the presence of shallow groundwater and recommends several mitigation measures including a fully water-tight foundation to protect basement flooding during the highwater table season. A dewatering assessment was also conducted as part of the Hydrogeological Study. Hydrogeological Assessment, Haddad Geotechnical Inc., Nov. 22, 2023 9.11 The Hydrogeological Assessment indicates that dewatering of the site may be required during the construction phase due to the highwat er table. The property is also within a highly vulnerable aquifer zone but not identified as an area of significant groundwater recharge. There are several mitigation measures outlined in the report that will be further investigated and addressed through the site plan approval process in order to ensure a high-quality building and site design and limit any potential impacts on the tributary and wetland features. Functional Servicing and Stormwater Management Report, SITEPLANTECH Inc., April 28, 2023 (revised Nov. 20, 2023) 9.12 The Functional Servicing and Stormwater Management report identifies how the site would be serviced and how the stormwater will be managed post development. 9.13 The proposed sanitary sewer system will be constructed within the development’s private lane and outlet to the existing sanitary sewer on Courtice Road. The watermain will extend into the site from the existing 300mm diameter watermain on Courtice Road to the above ground water meter room located on the south side of Building 1. From the meter room the watermain will be constructed within the private lane to service each individual unit. 9.14 The report indicates that the site will be drained to the future storm sewer to be constructed on Courtice Road as part of the Hancock Neighbourhood development proposal to the north, however, the Region has indicated that they will not support the development’s uncontrolled storm conveyance to the proposed storm sewer on Courtice Road given that the pre-development flows do not currently drain to Courtice Road. The Region has indicated that the development will need to convey all post-drainage to the tributary and shall control the conveyance to pre-development limits as per Clarington’s stormwater management criteria. Further discussions will be requ ired in order to manage the stormwater on site post development. This can be achieved through the site plan process. Municipality of Clarington Page 17 Report PDS-006-24 Transportation Impact Study, LEA Consulting Ltd., May 2023 (revised November 2023) 9.15 A Transportation Impact Study was prepared to analyze existing and future traffic conditions in relation to the proposed development. The report concludes that the site is expected to generate 36 to 39 trips during the weekday peak hours and will have minimal impacts on the surrounding road network. The amount of traffic generated by the proposed development does not warrant any road improvements or intersection improvements. 9.16 The proposed site access is proposed to align or minimize the offset from Westmore Street to allow for improved functionality. However, the radius of the proposed private lane crosses the east-west projection of the south property line and creates a conflict with the south property entrance. Further discussion and requirements will need to be addressed through the site plan process to reconcile this issue. Tree Inventory & Preservation Plan Report, Kuntz Forestry Consulting Inc., April 24, 2023 9.17 A tree Inventory and Preservation Plan and Report was prepared to assess the existing trees on site in relation to the proposed development. There are a number of trees that are proposed to be removed along the periphery of the site boundaries. The report and response to Staff comment to preserve these trees indicated that due to the grading between the roads and buildings, the trees will need to be rem oved. Further discussion in this regard is included in Section 10 (Discussion) of this report. Archeological Assessment – Stage 1 and Stage 2, TMHC Inc., Feb. 16, 2023, and May 30, 2023 9.18 A Stage 1 and 2 Archeological Assessment was completed for the subject lands to determine whether there were archaeological resources present within the subject property. The Stage 1 assessment indicated that a Stage 2 assessment is recommended for the areas of the site that were not previously disturbed. It also indicated that the area that has been disturbed could also be confirmed during the stage 2 survey. A Stage 2 assessment was completed for the areas that were not disturbed using test pit surveys and found that no further archaeological assessment of the property was required because the test pit survey did not identify any archeological resources on the property. 9.19 Both the Stage 1 and Stage 2 Archaeological Assessments were submitted to the Ministry of Citizenship and Multiculturalism and entered into the Ontario Public Register of Archaeological Reports. Municipality of Clarington Page 18 Report PDS-006-24 Phase One and Two Environmental Site Assessment (ESA), Haddad Geotechnical Inc., Mar. 31, 2023 (revised April 13, 2023) and April 28, 2023 9.20 A Phase One ESA was submitted to determine if there were an y potential contaminants located on the subject lands which are proposed to be redeveloped for residential uses. The ESA indicated that a Phase Two is recommended in order to assess the imported fill material on a portion of the property. 9.21 The results of the Phase Two testing indicated that conditions of the site met the Ontario Ministry of Environment standards and no further mitigation measures are required. The report did find elevated concentrations of sodium adsorption ratio, but it is believed that this is attributed to the existing and historical use of salt and de -icing measures used on the vehicle parking lot for the patron’s safety. 9.22 A Record of Site Condition (RSC) will be required as a condition of approval for the Site Plan. The proponent will also have to satisfy the Region’s Site Contamination Protocol to address any other site contamination matters. 10. Discussion 10.1 The site is situated in the Hancock Neighbourhood Design Plan Area and is a form of infill development within the Courtice Built Boundary. The proposed units would contribute towards the Municipality’s intensification targets. The site to the north of the subject lands is also proposed for redevelopment. Coordination between the two developments would be essential to ensure orderly deve lopment of construction timing and services. If approved, Staff will encourage the applicant to continue to work with adjacent landowners throughout the site plan and building permit process. 10.2 The site is designated Urban Residential in the Clarington Official Plan, which permits townhouses. It is also located at the edge of a neighbourhood and is adjacent to a Type A Arterial Road, Courtice Road. The Neighbourhood Design Plan contemplates medium density blocks within this area to utilize higher order transit routes and to limit individual vehicle access on roads which have higher traffic volumes. T he approved policy framework not only approves, but encourages this type of development, and the technical limitations along arterial roads on limiting private driveways also support townhouse blocks. 10.3 The Neighbourhood Design Plan also identifies this area as a Special Study Area due to the environmental features located on the east side. 10.4 The site is proposed to contain 43 common element townhouse units with visitor parking, a private lane, and an outdoor amenity area. The proposal has also been revised to incorporate a pedestrian walkway which connects to a future trail adjacent to the open space lands. Municipality of Clarington Page 19 Report PDS-006-24 Figure 6 – Conceptual Site Plan 10.5 A rezoning is required to rezone the lands from “Urban Residential Exception (R1-1)”, “Agricultural (A)”, and “Environmental Protection (EP)” to “Urban Residential Exception (R3-73)” in order to facilitate the proposed development. It also proposes to rezone the east portion of the site from “Agricultural (A)” to “Environmental Protection (EP)” in order to recognize and protect the environmental features. A Zoning By-law Amendment has been prepared which would zone the subject lands to the “Holding – Urban Residential Exception (R3-73) Zone”. The proposed zone would better align with the approved vision for the Hancock Neighbourhood Design Plan. 10.6 A hold symbol is proposed for the subject lands and will be removed once the Applicant provides satisfactory evidence which addresses all concerns listed in this report and fulfills conditions of the site plan with the Municipality of Clarington. The draft conditions of the subdivision and site plan application will be prepared at a later date, provided Council supports the recommendations in this report. Density 10.7 The subject lands are required to meet a minimum net density of 19 units per hectare. The proposal is for approximately 45 units per net hectare. The built form shall be between 1 to 3 storeys and primarily used for ground related units including limited apartments, townhouses, semi-detached, or detached dwellings. The proposal is for linked townhouses with a height of 3 storeys. The density proposed is in conformity with the policy direction and vision for the Hancock Neighbourhood. Municipality of Clarington Page 20 Report PDS-006-24 10.8 Given the minimum parking requirements and the layout of the floor plans for these types of townhouse units, adding or converting to allow for a future Additional Dwelling Unit would be difficult to achieve. Minimum Width of Townhouse Units with Access from a Private Road 10.9 The minimum width of townhouse units has been debated by Municipal Staff and Council for many years in order to ensure appropriate growth and density can be accommodated while still meeting other demands, such as parking and landscaped open space. Typically, as a result of a Council Resolution from 1999, townhouses which have access from a public road are recommended to have a frontage of 7 metres, while townhouses which are accessed by a lane are recommended to have a minimum width of 6 metres. 10.10 In more recent years, Council has approved a reduction to the minimum widths for townhouses, specifically for townhouse blocks accessed by a private lane, since these types of developments are required to have visitor parking spaces internal to the site, as well as provide an outdoor amenity space. 10.11 The original proposal for this site showed 5-metre-wide townhouses. After further discussions through the process, the applicants have increased the frontages to 5.5 metres for the townhouse units that are towards the rear of the site and 5.8 metres for the dual frontage townhouses that face Courtice Road. The interior townhouse units are proposed to be 6 metres (see Figure 6). From completed projects, Staff have found that there is essentially little difference between the 6 metre and 5.5 metre towns, however anything closer to, or below 5 metres starts to create challenges in terms of parking spaces, landscaping, utility coordination and overall aesthetics. 10.12 Given the knowledge that has evolved with the approval of common element condominium townhouse developments in the Municipality, Staff are supportive of the reduction for a portion of the townhouse units on this site to be below the 6 metres in order to balance the need for intensification units with other important technical and aesthetic components which make the development a success. This creates a range of housing options on the site and creates different price points for the homebuyers to meet their individual needs. Vehicle Access and Traffic 10.13 The site is proposed to have vehicle access off of Courtice Road and aligns with Westmore Street on the west side in order to minimize conflict with the vehicle turning movements. The Transportation Impact Study determined that the site is expected to generate 36 to 39 trips during the weekday peak hours and will have minimal impacts on the surrounding road network. The study indicated that the am ount of traffic generated by the proposed development does not warrant any road improvements or intersection improvements. 10.14 The applicants were asked to prepare a Master Block Plan to demonstrate how the proposal will connect to other infill sites in the event that the adjacent sites redevelop, Municipality of Clarington Page 21 Report PDS-006-24 especially because the adjacent sites would have limited access given their close proximity to the main intersection of Courtice Road and Nash Road (see Figure 7). Figure 7 – Master Block Plan 10.15 The Master Block Plan demonstrates that there is a possible future connection available for the adjacent property to the north that is situated in between the two current development applications (3079 Courtice Road). It also shows a potential future connection to the lands immediately to the south. The adjacent sites will need to obtain permission to access this site through a secured formal easement. It is important to protect for this through the development process to ensure the orderly development of infill sites and that the proposed development doesn’t preclude the potential redevelopment of an adjacent site. Municipality of Clarington Page 22 Report PDS-006-24 Parking 10.16 The proposal provides two parking spaces per dwelling unit, one outdoor and one inside the garage, plus eleven visitor parking spaces which complies with the minimum required visitor parking spaces for linked townhouse dwellings in Zoning By-law 84-63. It should be noted that Staff have asked the applicant to provide additional visitor parking spaces given that there is no on-street parking allowed on Courtice Road, however the applicant has submitted the minimum parking requirements. Through the site plan process, Staff will continue to work with the applicant to address any parking space needs to ensure parking does not overflow to the road or block traffic within the private laneway, which is also a proposed fire route. Pedestrian and Trail Connections 10.17 The proposal integrates with the surrounding context by providing a 1.5 metre internal sidewalk connection from Courtice Road that carries on through the site and connects to the proposed future trail on the east side, adjacent to the open space lands. This future trail along the open space lands is shown on Map K of the Clarington Official Plan and is proposed to be one of the main north-south pedestrian connections to Highway 2. The trail linkage to the north and south of the property is also shown on Figure 7. This is an important objective of the Official Plan as the Municipality develops an active transportation network of trails, bike lanes and sidewalks. Tree Removal 10.18 A tree Inventory and Preservation Plan and Report was prepared to assess the existing trees on site in relation to the proposed development. There are a number of trees that are proposed to be removed along the periphery of the site boundaries. The report and response to Staff comment to preserve these trees indicated that due to the grading between the roads and buildings, the trees will need to be removed. 10.19 Mature trees are important to protect given the amount of tree canopy and other environmental benefits, which take younger trees a lot longer to achieve. Staff are of the opinion that greater effort is needed to protect the existing trees on the north side of the property, which are within the rear yards of the proposed townhouse lots. This area should be more closely evaluated to determine if they can be preserved, especially given the adjacent site is also proposed for redevelopment. Greater coordination between the two property owners shall be achieved to ensure the grades can be reconciled to preserve these trees. Staff will continue these discussions with the applicant through the anticipated site plan application process. Municipality of Clarington Page 23 Report PDS-006-24 Parks 10.20 The subject site proposes a private outdoor amenity space for the new development, at a minimum ratio of 4 square metres per unit. This is reflected as a minimum requirement in the proposed zoning by-law amendment for the subject site and is in accordance with Clarington’s Amenity Guidelines for Medium and High-Density Residences. 10.21 Buildings 3 and 4 have backyards facing the private amenity space area which is not supported. The plan will need to be revised to have the main entrances for the townhouses face the parkette area. These elevations should also have architectural elements to visually enhance the active space. Figure 8 – Proposed Common Outdoor Amenity Space 10.22 Payment-in-lieu of parkland dedication will also be required for this development as the private outdoor amenity space is only intended for the residents of the site, given the lack of private outdoor space for each of the individual units. Private outdoor amenity space does not count towards the public park contributions. 10.23 Municipal parkland dedication for this site will be calculated in accordance with the Planning Act under Section 42, as well as the Municipality’s Parkland Dedication By-law 2022-043. Currently, the greater rate is the Standard Rate of 5% of the value of the lands. This would result in a payment equivalent to the value of lands for 0.048 ha. Municipality of Clarington Page 24 Report PDS-006-24 10.24 Prior to the recent Bill 23 changes to the Planning Act, the requirement was 1 ha per 500 units, which would have resulted in 0.086 ha. At a value of approximately $4,000,000 per ha for residential lands, this results in approximately $150,000 of loss revenue, given the recent changes to the alternative rates. 10.25 The final parkland calculation will be determined at the site plan stage, and payment is required prior to issuing a building permit. Stormwater Management 10.26 The applicant has proposed drainage of the stormwater to Courtice Road which will not be accepted by the Region of Durham. This was also indicated to the property owners to the north. Coordination between the owners may be required to manage the stormwater on each of the sites and ensure the grades are designed appropriately to address the drainage. The final design details of infiltration areas and other stormwater management features will be confirmed at the site plan approval stage. Appropriate conditions for future maintenance and operation of stormwater management elements will be included in the site plan and condominium agreements. The future condominium corporation will be responsible for not only any on-site stormwater structures proposed but the outlets to any tributary as well. Site Plan application 10.27 Staff will continue to collaborate with the owner and review the site plan applicatio n. Detailed site design refinements will occur through the Site Plan approval process, such as technical issues that deal with grading, stormwater management, traffic, and emergency response. 11. Financial Considerations 11.1 On April 14, 2022, Bill 109, the More Homes For Everyone Act, 2022, received Royal Assent. Among other matters, Bill 109 amended the Planning Act to require municipalities to refund Zoning By-law Amendment and Site Plan Approval application fees in a phased approach if no decision is made or n o approval is issued within the legislative timelines. Zoning by-law amendment applications are required to have a decision made within 90 days. These changes came into effect on July 1, 2023, for new applications submitted after that date. The complete application was submitted on December 2nd, 2023, the following refunds will apply if a decision is not made by the prescribed date: Municipality of Clarington Page 25 Report PDS-006-24 Table 1: Refund Requirement Table 12. Strategic Plan 12.1 The proposed development has been reviewed against the pillars of the Clarington Strategic Plan 2024-27. Clarington’s Strategic Plan prioritizes applications the creation of growing resilient, sustainable and complete communities and connecting residents through the design of safe, diverse, inclusive and vibrant communities. The proposal conforms with Clarington’s Strategic Plan. 13. Concurrence 13.1 This report has been reviewed by the Deputy CAO , Finance and Technology/Treasurer who concurs with the recommendations. 14. Conclusion 14.1 In consideration of all comments, it is respectfully recommended that the applications by Courtice Glade Holding to amend Zoning By-law 84-63 for a townhouse block and common amenities be approved, with a holding symbol. The holding will be removed once the conditions of the subdivision and the anticipated site plan application are satisfied. The conditions for the subdivision will be issued after Council makes a decision on the rezoning application. Staff Contact: Nicole Zambri, Senior Planner, 905-623-3379 ext. 2422 or nzambri@clarington.net. Attachments: Attachment 1 – Zoning By-law Amendment Attachment 2 – Draft Plan of Subdivision Attachment 3 – Department and Agency Comments Interested Parties: List of Interested Parties available from Department. Decision Date Refund Required March 3rd, 2024 50% May 2nd, 2024 75% July 1st, 2024 100% Attachment 1to PDS-006-24 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 2024-XX 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 2023-0018; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 “Special Exceptions – Urban Residential Type Three (R3) Zone” is hereby amended by adding thereto, the following new Special Exception Zone 14.6.73 as follows: “14.6.73 Urban Residential Exception (R3-73) Zone Notwithstanding Sections 3.1 b. c., and g. iv), 14.1 a., and 14.4, those lands zoned R3-73 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) 120 square metres b. Lot Frontage (minimum) i) maximum of 50 percent of the lots 5.5 metres ii) maximum of 20 percent of the lots 5.8 metres iii) minimum of 30 percent of the lots 6.0 metres c. Yard Requirements (minimum) i) Front Yard 4.5 metres to a dwelling 2.0 metres to an unenclosed porch 6 .0 metres to a garage door ii) Exterior Side Yard 1.5 metres to a dwelling iv) Interior Side Yard 1.5 metres, nil where building has a common wall with any adjacent building on an adjacent lot 1.2 metres where building is adjacent to a pedestrian walkway and/or trail v) Rear Yard 6.0 metres vi) Rear Yard Adjacent to a Private Street 4.5 metres to a dwelling 2.0 metres to an unenclosed porch 6.0 metres to a garage door d. Building Height (maximum) 12.0 metres e. Number of Storeys (maximum) 3 f. Lot Coverage (maximum) i) Dwelling 50 percent ii) All buildings and structures (maximum) 55 percent ii) Notwithstanding the above lot coverage provision, a covered and unenclosed porch up to a maximum of 12 square metres shall be permitted and shall not be calculated as lot coverage. g. Regulations for Entire Block i) Private Lane Width (minimum) 6.5 metres ii) Private sidewalk width (minimum) 1.5 metres iii) Shared Outdoor Amenity Space (minimum) 4.0 square metres per unit iv) Landscaped Open Space (Minimum) 30% v) No garage shall be located in yards adjacent to a public street vi) All garage doors shall not be located any closer to the street line or private street than the dwelling wall or covered porch projection. g. 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 1.0 metre ii) Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre iv) No parking space shall be located in any exterior side yard v) The following minimum yard setbacks shall apply to utility buildings: i) From Public Street 7 metres ii) From Private Street 2 metres vi) Unenclosed porches, decks or balconies may project up to a maximum of 2 metres into the required rear yard.. vii) The provisions of Section 3.1 g. (iv) continue to apply, except where they are in conflict with the requirements in this zone.” viii) Were a link townhouse dwelling has frontage on both a public street and a private street, the lot line adjacent to the Public Street shall be the front lot line. 2. 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. 3. Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: “Urban Residential Exception (R1-1) Zone” to “Holding - Urban Residential Exception ((H)R3-73) Zone” “Agricultural (A) Zone” to “Holding - Urban Residential Exception ((H)R3-73) Zone” “Environmental Protection (EP) Zone” to “Holding - Urban Residential Exception ((H)R3-73) Zone” “Agricultural (A) Zone” to “Environmental Protection (EP) Zone” as illustrated on the attached Schedule ‘A’ hereto. 3. Schedule ‘A’ attached hereto shall form part of this By-law. 4. 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. 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"'ØY²¿­ÌÃÁØ~Ü¥ ،ÃÆÿÐØ ØY³Á­Ø„ÎÈÎؗ؄Ӵ¨Ø$ØOœ¼²¹ÎÃÀØ "%Ø%* *$$Ø Î¯¨ž²­¶²ÖÏ­ÇÃÓÄ¡¼Ø Attachment 3 to PDS-006-24 Attachment 3 – Agency and Department Comments The following agencies and internal departments were circulated for comments on the applications. Below is a chart showing the list of circulated parties and whether or not we have received comments to date. Department/Agency Comments Received Summary of Comment Durham Region Planning Department ☐ Durham Region Works Department ☐ Preliminary comments were received regarding stormwater management. Central Lake Ontario Conservation Authority (CLCOA) ☐ Preliminary comments were received regarding Environmental Impact Study and proposed development limits. Kawartha Pineridge District School Board ☐ Peterborough, Victoria, Northumberland, Clarington Catholic District School Board ☐ Clarington Engineering Development Division ☒ No objection to proposal. Detailed design comments related to access, retaining walls, traffic impact volumes, servicing, grading, and stormwater management were provided and will need to be addressed prior to finalization of the site plan application. Clarington Emergency Services ☒ No objection. Clarington Building Division ☐ Enbridge Gas ☐ Hydro One ☒ No objection.