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HomeMy WebLinkAboutPDS-030-24Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Planning and Development Committee 17, 2024 Report To: Date of Meeting: Authored by: Submitted By: Reviewed By: File Numbers: Report Subject: June Report Number: PDS-030-24 Nicole Zambri Carlos Salazar, Deputy CAO, Planning and Infrastructure Services Mary-Anne Dempster, CAO ZBA2022-0021 (Cross Reference S-C-2022-0011) Rezoning and Draft Plan of Subdivision for a total of 59 residential units in Courtice Recommendations: 1.That Report PDS-030-24 and any related delegations or communication items, be received; 2.That the Zoning By-law Amendment application submitted by Holland Homes be approved and the By-law contained in Attachment 1 to Report PDS-030-24 be approved; 3.That the application for Draft Plan of Subdivision S-C-2022-0004 submitted by Holland Homes be supported, subject to the conditions approved by the Deputy CAO of Planning and Infrastructure Services; 4.That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol and conditions of draft approval of subdivision are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 5.That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS- 030-24 and Council’s decision; and 6.That all interested parties listed in Report PDS-030-24 and any delegations be advised of Council’s decision. Click or tap here to enter text. Resolution Number: PD-058-24 Bylaw Number: 2024-031 Municipality of Clarington Page 2 Report PDS-030-24 Report Overview This report is recommending approval of the Zoning By-law Amendment submitted by Plan Developments Inc. and to support the further processing of the draft plan of subdivision applications to permit the development of 14 single detached units, 44 townhouse units, and one retained heritage lot, for a total of 59 units. The new residential lots are proposed to be accessed off a new public street and off Gord Vinson Ave. in Courtice. 1. Application Details 1.1 Owner: Plan Developments Inc. (Holland Homes) 1.2 Applicant: Landx Developments 1.3 Proposal: Draft Plan of Subdivision The proposed Draft Plan of Subdivision for to permit a total of 59 units consisting of 14 single detached dwellings, 44 townhouses, with the existing heritage home to remain. Zoning By-law Amendment To rezone the subject lands from “(Holding – Urban Residential Type R1)” and “Agricultural (A)” to appropriate urban residential zones that would permit single detached and townhouse dwelling units with the proposed lot sizes and provisions. 1.4 Area: 2.40 hectares (5.93 acres) 1.5 Location: 1440 Gord Vinson Drive, Courtice (see Figure 1) 1.6 Roll Number: 1817-010-070-16100 1.7 Within the Built Boundary: Yes Municipality of Clarington Page 3 Report PDS-030-24 Figure 1 –Proposed Draft Plan of subdivision and Surrounding Context Municipality of Clarington Page 4 Report PDS-030-24 2. Background 2.1 On July 22, 2022, Plan Developments Inc. (Holland Homes) submitted applications for a Draft Plan of Subdivision and Zoning By-law Amendment with supporting documentation for a total of 63 residential units consisting of 15 single detached dwellings and 48 townhouses. A Public Meeting was held on March 6, 2023 , and a number of comments were received by residents. A resubmission was subsequently received about a year later which revised the draft plan and proposed zoning by-law to create wider lot frontages for a portion of the lots. This resulted in the reduction of four townhouse units, making the total unit count 59 (this includes the existing dwelling). 2.2 The property is listed on the Municipal Register under s. 27 of the Ontario Heritage Act. The draft plan incorporates the heritage house by retaining it on a larger lot within the draft plan of subdivision. The original home will remain, however the additions to the dwelling and the barns are proposed to be demolished. 2.3 The subject lands were part of a larger parcel of land that was created through a consent application approved in 2022. The north portion that was severed off from the subject lands fronts onto Bloor Street, which is a Regional Corridor. Mixed use and higher densities are contemplated for the Regional Corridor. A formal application for the lands fronting onto Bloor Street has not been provided at this time. 2.4 The applicant has submitted the following studies in support of the applications which have been circulated to departments and agencies for review. They are available upon request and are summarised in Section 9 of this report.  Planning Justification Report  Energy Efficiency and Sustainability Report  Phase 1 & 2 Environmental Site Assessment  Geotechnical Investigation Report  Hydrogeological Assessment  Stormwater Management and Functional Servicing Report  Traffic Impact Study  Noise Impact Report  Cultural Heritage Impact Assessment  Stage 1 & 2 Archaeological Assessment  Stage 3 Archaeological Assessment  Stage 4 Archeological Assessment Municipality of Clarington Page 5 Report PDS-030-24 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are located east of Townline Road, between Gord Vinson Avenue and Bloor Street. The site is approximately 2.40 hectares and contains an existing heritage house, various outbuildings, and agricultural fields. The current site grades are non-uniform with a grade change of approximately 8 metres from the north to south. The topography of the site generally slopes down to the southwest and southeast of the property, with the lowest point at the southeast corner. The site has historically been used for agricultural purposes. See Figure 2. 3.2 The surrounding uses are as follows: North – Vacant land and residential detached dwellings beyond. To the northwest, newly constructed commercial development, which also includes an approved high -rise apartment building, yet to be constructed. West- Stacked townhouse units in a Common Elements condominium South - Predominantly residential detached dwellings. East - Predominantly residential detached dwellings Figure 2: Lands subject to the proposed draft plan of subdivision and zoning by-law amendment applications. Municipality of Clarington Page 6 Report PDS-030-24 Figure 3: Subject Lands Existing Conditions - looking northeast 4. Provincial Policy Provincial Policy Statement (PPS) 4.1 The Provincial Policy 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 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 proposal for single detached dwellings and townhouses is a form of infill development that offers a variety of housing forms and would be appropriate for the neighbourhood. 4.3 The proposal is consistent with the Provincial Policy Statement. Municipality of Clarington Page 7 Report PDS-030-24 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 and more specifically to the designated built-up areas. Municipalities are encouraged to create complete communities by promoting a diverse mix of land uses and housing types. 4.5 The subject lands are within the defined “Built-up Area” of the Growth Plan. The proposal would facilitate intensification within the existing built-up area of Courtice and has the potential to contribute to the municipality’s annual intensification targets. The proposal would make use of existing municipal services and provides a mix of single detached and townhouse residential units in proximity to public transit along Gord Vinson Ave. 4.6 The applications satisfy the objectives of the Growth Plan. 5. Official Plans Durham Region Official Plan (ROP) 5.1 The Durham Region Official Plan designates the subject lands as Living Area. Living Areas permit the development of communities incorporating the widest possible variety of housing types, sizes, and tenure to provide living accommodations that addre ss various socio-economic factors. Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas. The site is also near Bloor Street which is a Type A arterial road. 5.2 The proposed development will provide 59 residential units and will intensify and redevelop an existing area adjacent and in proximity to public transit and an arterial road. It will also contribute to the allocation of units for intensification as outlined in Schedule E – Table ‘E9” of the ROP. 5.3 As such, the proposed development conforms to the policies of the ROP. Envision Durham 5.4 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, including singles and townhouse dwellings. 5.5 Envision Durham policies also encourage development proposals to provide stormwater management planning, practices and retrofits including low impact development measures in the design and construction of development to reduce floo d risk and strain on stormwater infrastructure. CLOCA indicated that most of their previous concerns have been addressed and that their remaining requirements regarding an updated hydrogeological assessment and in-situ infiltration rate testing can be provided during the detailed design stage of the application approval process. Municipality of Clarington Page 8 Report PDS-030-24 5.6 The proposal conforms to the recently adopted Regional Official Plan. Clarington Official Plan 5.7 The Clarington Official Plan designates the subject lands Urban Residential. The Urban Residential designation is predominantly intended for residential purposes. A variety of densities, tenure and housing types are encouraged. The property is internal to the neighbourhood and adjacent to the Regional Corridor designation. The minimum density is 13 units per net hectare and the maximum height is 3 storeys. Limited townhouses are permitted. Detached and semi-detached dwellings are permitted. 5.8 The proposal has a gross density of 24 units per hectare and net density of 34 units per hectare. It is also adjacent to a Durham Region Transit bus route along Gord Vinson Ave. and therefore has access to public transit. Commercial retail and service uses are also within a 5-minute walk to the site. 5.9 The Planning Rationale report indicates that the propo sed units may be up to 3 storeys to provide appropriate transition from the adjacent three storey stacked townhouses to the west and the higher densities planned within the Regional Corridor to the north. It also indicates that a greater rear yard setback is proposed for the lots which abut the existing low-rise developments to the east in order to provide additional separation and privacy. 5.10 The proposal for 14 single detached units and 44 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. 5.11 Consideration should also be given to the existing neighbourhood character. Section 5.4.1 of the Clarington Official Plan gives considerations when developing an infill site in an existing neighbourhood. One of the considerations is lot size and patterns to ensure development is compatible with the surrounding context. The proposed development respects and reinforces the abutting-built forms by providing a mix of townhouses with smaller lot frontages on the west side (adjacent to the medium density-built forms) and wider lot frontages on the east side (adjacent to the low-rise built forms). The proposal also respects and proposes to retain the existing heritage dwelling on a larger lot. 5.12 As part of the conditions of approval for the subdivision, the applicant will be required to either retain an architect to prepare architectural design guidelines for the proposed subdivision or use Clarington’s retained control architect to review the design of the residential units to ensure adherence to all relevant Clarington Architectural and Urban Design Guidelines. This will ensure high-quality architectural design and sustainable building materials are incorporated into the design. 5.13 The proposal generally conforms to the Clarington Official Plan. Municipality of Clarington Page 9 Report PDS-030-24 Southwest Courtice Secondary Plan (Bayview Neighbourhood) 5.14 The subject lands are designated low density residential. Single detached and townhouse dwelling units are permitted up to three storeys. Detached and semi - detached dwelling units shall account for a minimum of 80 percent of the total number of units in the Low-Density Residential designation. Townhouses shall account for no more than 20 percent of the total number of units in the Low-Density Residential designation. 5.15 Although the proposal contains 75% townhouses in the low-density residential designation, the policy is intended to be an overall target for the Low-density Residential designation and not to a specific site. Recognizing the competing land uses surrounding the subject lands with planned high-rise development to the north, existing mid-rise development to the west, and low-rise development to the east and south, a higher percentage of townhouses is appropriate in this location to transition to the higher density-built forms adjacent to the lands. There are also other areas within the Low- Density Residential designation which can accommodate a percentage that is more in line with the 80%/20% ratio. Furthermore, private streets and private lanes are not permitted within the Low-Density Residential designation which prevents denser condo blocks from occurring on the subject lands. 5.16 The Clarington Official Plan Land Use Map shows Fenning Drive extending through the site and connecting to Bloor Street. However, the Secondary Plan Land Use Map shows Fenning Drive terminating at Gord Vinson. The Region indicated that they will not support the public road connection to Bloor Street in order to limit new intersections along the Regional Corridor and improve the flow of traffic. As a result, vehicle access onto Bloor Street for the north portion of 1440 Gord Vinson Ave., which is within the Regional Corridor, has been secured for on the adjacent property to the west through a shared easement. 5.17 The proposal generally conforms to the Southwest Courtice Secondary Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject site “Holding – Urban Residential Type One ((H) R1) and “Agricultural (A) Zone”. The Hold symbol limits the use of the lands to the existing land uses. A Zoning By-law Amendment is required to permit the proposed development which consists of detached dwellings and townhouses. The proposed zoning by-law amendment is included as Attachment 1. 6.2 The proposed zoning by-law amendment includes a Holding (H) Symbol. The Holding would remain on the lands until the necessary conditions of draft approval and development agreements are in place for the Draft Plan of Subdivision. Municipality of Clarington Page 10 Report PDS-030-24 7. Public Notice and Submissions 7.1 Public Notice was mailed to approximately 300 landowners within 120 metres of the subject lands on February 10, 2023. A sign was also posted on the property, along Gord Vinson Ave., advising of the complete application received by the Municipality and details of the public meeting. The Public Meeting was held on March 6, 2023. 7.2 A total of six inquiries or comments were received, and two residents were present at the Public Meeting who were opposed to the proposed development. The following comments or inquiries are summarized below:  To obtain further information;  Concerns with the volume and speed of traffic that would be generated from this development, specifically at the intersection of Fenning Drive and Gord Vinson Ave;  Concerns regrading access to their property during construction;  Concerns with the overall public infrastructure required to service the development, including, water and wastewater, new schools, hospitals, libraries, and other public facilities;  Concerns with air quality during construction;  Increase of development in the area and lack of greenspace;  Destruction of wildlife and habitat, tree removal and the overall impacts of the development;  Would like to see pedestrian connections to the commercial uses located northwest of the subject lands;  Would like to see a greater mix of singles than townhouses;  Concern with proposed heights for the townhouses which abut the existing residential units to the east;  Comments on the Noise Study completed by the applicant; and  Concerns with potential impacts on property values. 7.3 These comments and concerns will be discussed in Section 10 (Discussion Section) of this report. 8. Department and Agency Comments 8.1 A list and summary of agency and internal department comments received 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. Staff will ensure the recommendations in the reports will be implemented through the subdivision conditions of approval. Municipality of Clarington Page 11 Report PDS-030-24 Planning Justification Report, originally prepared by D.G. Biddle & Associates Limited, new report prepared by LANDx Developments Ltd., dated March 2024 9.2 A Planning Justification Report was originally submitted by D.G. Biddle and Associates Ltd. and upon the resubmission of application materials, a Planning Brief was prepared by Landx Developments Ltd. to address Staff comments. The proposed development has responded to Staff comments by increasing the lot frontages of the townhouses on the east side of the property to 7 metres and by increasing the lot frontages for the single detached lots to 10 metres. As a result of this change, the total unit count has been reduced by 4 units. This results in greater separation of driveways along the street to facilitate additional on-street parking and will increase the amount of landscaped open space in the front yard. The proposal now shows a total of 59 residential units, consisting of 14 single detached lots, one single detached lot which contains the heritage home, and 44 street related townhouses. 9.3 The report indicates that the existing one and a half storey 19th century cut stone Ontario Cottage heritage residence will be retained and significant efforts have been made to accommodate the home, such as arrangement of road network, site grading, and servicing. 9.4 The report concludes that the proposal is in conformity with the upper -level policies, the Clarington Official Plan, and the Southwest Courtice Secondary Plan, and represents good planning. Energy Efficiency and Sustainability Plan, originally prepared by Holland Homes Inc., new report prepared by LANDx Developments Ltd., dated March 2024 9.5 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 it meets the aspirational targets for intensification and density and the enhanced targets for connectivity. All other checklist items are meeting the basic mandatory requirements. 9.6 The report indicates that it will explore the feasibility to design each dwelling unit to accommodate a future electric vehicle supply equipment within the private garage, which was a request by Staff, however the applicant has not made any commitments. The report also indicates that Low Impact Development (LID) measures have been considered to provide a treatment train approach. Proposed LID control elements include stormwater infiltration trenches, which will capture roof drainage and infiltrate the water into the ground water regime. Municipality of Clarington Page 12 Report PDS-030-24 Phase One and Two Environmental Site Assessment, Cambium Inc., May 2020, and June 2021 9.7 A Phase One ESA was submitted to determine if there were any potential conta minants 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 identified on- site historical use of the site for agricultural purposes and large-scale application of pesticides as a source of environmental concern. 9.8 The Phase One ESA also suggested that due to the age of the existing buildings on site and their potential to contain asbestos, lead, etc., a designated substance survey should be completed prior to renovation or demolition of the site buildings. 9.9 The results of the Phase Two ESA concluded that no contaminants of potential concern are present at concentrations greater than the applicable standards and that no further investigation was recommended. Geotechnical Investigation Report, Cambium Inc., June 2021 9.10 The findings of the Geotechnical Investigation (which included the lands to the north that were originally part of the site when the investigation was initiated) indicated that the subsurface condition of the site generally consists of topsoil or fill overlaying a sand and silt to sandy silt till material. Ground water was found at depths between 1 metre to 4.2 metres below the ground surface. Overall, the site grades are non-uniform, and the report anticipates that cut and fill operations would be required to establish appropriate uniform subgrade levels throughout the site. Hydrogeological Assessment, Cambium, June 2022 9.11 The Hydrogeological Assessment (which included the lands to the north that were originally part of the site when the investigation was initiated) identified a shallow, unconfined, aquifer at the site. Ground water flow was determined to be towards the southeast. It recommends that the dewatering estimates should be updated once more detailed development plans are available for review. It also recommends that water levels from the on-site monitoring wells should be measured on a monthly basis for a period of one year to determine high water conditions at the site. Stormwater Management and Functional Servicing Report, D.G. Biddle & Associates Limited, March 2024 9.12 The Functional Servicing and Stormwater Management report identifies how the site would be serviced and how the stormwater will be managed post developmen t. The report indicates that the units will be serviced with a 150mm PVC watermain which will be connected to the existing 200 mm watermain on Gord Vinson Ave. A looped water system will be used which has two connection points to the existing watermain. The five lots fronting onto Gord Vinson Ave. will connect directly to the existing 200 mm watermain along Gord Vinson Ave. The existing heritage lot is already connected to water services and will be replaced if required. Municipality of Clarington Page 13 Report PDS-030-24 9.13 There is an existing 450mm concrete sanitary sewer traversing the east side of the property, flowing south, via an existing sanitary sewer easement. The sewer discharges to the sanitary sewer along Gord Vinson, which flows west, and then south into Fenning Drive. The sewer has been sized to accommodate a population of 4,097 for an overall drainage area of 55.89 ha. The proposed sanitary sewer is proposed within Street A. The proposed sanitary sewer will connect into the existing sewer within the easement as well as the existing trunk sewer in Gord Vinson Ave. via the existing stub. Similarly to water services, the five proposed lots along Gord Vinson will connect directly to the sanitary sewer along Gord Vinson and the heritage lot already has an existing connection. 9.14 The subject development falls within the catchment area of the stormwater management and conveyance systems for the Huntington residential subdivision and the Robinson Ridge residential subdivision which were both designed by G.M. Sernas and Associates Ltd. The stormwater management designs for the foregoing subdivisions have been reviewed in the stormwater management design of this development as they govern the storm drainage criteria for the subject development. Post-development flows from the subject site were previously accommodated for in the SWM pond located south of the subject lands, and east of the Fenning Drive and Cousins Street junction. The storm sewers and overland flow routes on Gord Vinson Avenue and Fenning Drive also accounted for the anticipated post-development flows from the subject site. The proposed development is to be drained using a conventional storm drainage system. Traffic Impact Study, Tranplan Associates Inc., April 2022 9.15 A Transportation Impact Study was prepared to analyze existing and future traffic conditions in relation to the proposed development. The report was based on the original proposal for 60 residential units, as opposed to the revised 59 units. The report concludes that the site is expected to generate 50 to 56 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 i ntersection improvements. Noise Impact Study, D.G. Biddle & Associates Limited, March 2024 9.16 A Noise Impact Study was prepared to examine the noise levels from road traffic from Bloor Street. The study concluded that indoor noise levels are within the Ministry of the Environment, Conservation and Parks’ Guidelines for all units in the proposed development. Thus, the implementation of noise abatement measures such as acoustic fences, mandatory air conditioning installation, and enhanced building construction materials are not required for this development. Cultural Heritage Impact Assessment, Letourneau Heritage Consulting Inc., July 21, 2020 9.17 The Property is listed under Section 27, Part IV of the Ontario Heritage Act on the Municipality of Clarington’s Municipal Heritage Register, and as such, a Cultural Heritage Impact Assessment was prepared to review the cultural heritage value or interest (CHVI) of the property and to provide recommendations, with respect to potential impacts on the Property’s CHVI. Municipality of Clarington Page 14 Report PDS-030-24 9.18 The key resource which exhibits cultural heritage value or interest is the one -and-a-half- storey 19th century cut stone Ontario Cottage residence with later additions. In addition to the residence, there are five other structures: a detached garage; three outbuildings; and a barn, which are proposed to be removed. As a stone building, the house is at minimum representative, if not a rare example, of stone buildings in Clarington. The Property has historical or associative value because it yields, or has the potential to yield, information that contributes to an understanding of a community or culture. The property was used for farming and has potential to yield historical information concerning farming practices of the community and construction methods of the Ontario Cottage and barn. 9.19 Based on the result of the evaluation, retention of the residential structure as a residence, or with an appropriate new use, is the preferred option. The report indicates that once the design has progressed sufficiently, an update to the report would be undertaken as part of the heritage permit application process, which will include a review of potential project- related impacts and would provide appropriate alternatives and mitigation measures. Figure 4: One-and-a-half-storey 19th century cut stone Ontario Cottage residence located on the subject lands Municipality of Clarington Page 15 Report PDS-030-24 Stage 1 & 2 Archaeological Assessment, Earthworks Archaeological Services Inc., September 17, 2021 9.20 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 given the evidence of archeological potential found within the study area or in proximity. The study found a registered Pre-Contact archaeological site within 300 metres, which indicates the potential for locating Pre-Contact Indigenous archaeological material. The study also indicated that given the location of the site, there is potential for locating historic Euro-Canadian archaeological material. The site is next to the edge of Gord Vinson Avenue, which is a historically mapped transportation route and there is also a structure shown within the study area on historical mapping. 9.21 The Stage 2 archaeological assessment of the study area was conducted on June 29, 2021. A historic Euro-Canadian artifact was identified during the pedestrian survey. An examination of recovered artifacts determined that the archaeological site met the criteria for further cultural heritage value or interest, and no further test pit strategies were implemented. The report indicated that a Stage 3 archaeological assessment is recommended. Stage 3 Archaeological Assessment, Earthworks Archaeological Services Inc., March 16, 2021 9.22 The Stage 3 archaeological assessment of Everson Site (AlGq-198) was conducted between November 19 and November 20, 2021. Preliminary analysis of the recovered artifacts clearly indicated that the level of cultural heritage value or interest of the site would result in a recommendation to proceed to Stage 4 mitigation. 9.23 The preferred method of Stage 4 mitigation is through avoidance and protection. Through discussions with the proponent, it has been determined that the Everson Site (AlGq-198) is situated within a portion of the study area that is integral to development and cannot be easily avoided. If an archaeological site cannot be avoided, the Ministry of Heritage, Sport, Tourism and Culture Industries through the Standards and Guidelines for Consultant Archaeologists permits for the mitigation of an archaeological site through the full excavation, documentation, and removal of all archaeological material prior to the start of development. Stage 4 Archeological Assessment, AS&G Archaeological Consulting, May 22, 2023 9.24 AS&G Archaeological Consulting was contracted to conduct a Stage 4 Archaeological Excavation of the Everson Site (AlGq-198). The study area consists of a farmstead containing a house and associated outbuildings surrounded by a ploughed agricultural field. The Stage 3 report recommended that the Everson Site (AlGq-198) be subject to Stage 4 mitigation as it could not be protected. Municipality of Clarington Page 16 Report PDS-030-24 9.25 The recovered artifact assemblage includes ceramic, glass, faunal bone, and metal artifacts. A review of the artifacts indicates that the assemblage is very similar to that recovered during the Stage 3 investigation of the site. The Everson Site (AlGq-198) has been fully excavated and documented. The report recommends that the site has no further cultural heritage value or interest and no further archaeological assessment of the property is required. 10. Discussion 10.1 The site is situated in the Southwest Courtice Secondary 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 adjacent site to the north of the subject lands is anticipated for development of high density-built form given that it is within the Regional Corridor and a Priority Intensification Area. Coordination between the two developments would be essential to support pedestrian connectivity between the two sites and access to Bloor Street. If approved, Staff will encourage the applicant to continue to work with the adjacent landowner throughout the subdivision process. 10.2 The site is designated Urban Residential in the Clarington Official Plan, which permits single detached houses and townhouses. It is also located in close proximity to the Bloor Street Regional Corridor. The Secondary Plan designates the site low density residential. Single detached and townhouse dwelling units are permitted up to three storeys. 10.3 The site is proposed to contain 59 residential units consisting of 14 single detached lots and 44 street townhouse lots, retaining a single detached lot for the heritage dwelling. Each lot will be serviced with municipal water and sanitary sewer and will have vehicle access off an internal local road which will connect to Gord Vinson Avenue, except for Lots 1-5, which will be accessed directly off Gord Vinson Ave. (See Figure 1). 10.4 The proposal has also been revised to accommodate slightly larger lot frontages, which resulted in the loss of 4 residential units. This was a request by Staff to ensure adequate on-street parking can be accommodated as well as an increase in the soft landscaped open space in the front yards. The proposal has also been revised to show a sidewalk along the north side of Street A, which may facilitate a shared pedestrian connection with the adjacent lands to the north. 10.5 A rezoning is required to rezone the lands from “Holding – Urban Residential Type One ((H) R1) and “Agricultural (A) Zone” to “Holding- Urban Residential Type Three ((H)R3)”, “Holding- Urban Residential Exception ((H)R3-77)”, “Holding- Urban Residential Exception ((H)R3-59)”, “Holding- Urban Residential Exception ((H)R2-17)”, and “Holding- Urban Residential Exception ((H)R2-41)” in order to facilitate the proposed development. 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 subdivision with the Municipality of Clarington. The draft conditions of the subdivision application will be prepared at a later date, provided Council supports the recommendations in this report. Municipality of Clarington Page 17 Report PDS-030-24 Proposed Height and Privacy Concerns 10.7 The proposed draft zoning by-law amendment prepared by the applicant was revised to reduce the permitted height from 12 metres to 10.5 metres to be consistent with the existing built forms surrounding the development. A three-storey dwelling can potentially be accommodated within the 10.5 metre height provisions, which could allow for a walk out basement and support additional dwelling units. The applicants have indicated that the final building typologies (two storey versus three storey) have not been determined and that the 10.5 metre height provisions, which is standard for the R3 and R2 residential zones, would allow for that flexibility in the design. Allowing for three storeys also provides a better transition to the existing three storey stacked townhouse condominium development to the west and the high-density block to the north. Figure 5: Existing Stacked Townhouse Block to the west of the subject lands 10.8 In addition to this, the applicant has proposed to increase the minimum rear yard setbacks of the lots on the east side from the standard 7.5 metres to 9 metres to allow for more privacy in the rear yards and to minimize the overlook from the upper floors. It will provide additional separation between the existing bungalows and two storey residential units on the east side. This would address some of the privacy concerns raised by the residents and provide a transition to the lower built forms. Municipality of Clarington Page 18 Report PDS-030-24 Figure 6: Existing single detached dwelling units on Eastfield Crescent 10.9 The single detached dwellings proposed adjacent to the one and a half storey bungalow heritage home should also provide for an appropriate transition in height to be respectful of the existing built form and the heritage attributes, similar to the design of the condominium townhouses to the west. This can be achieved by using gable style roofs with dormers. Through the subdivision application process, Staff will continue to work with the appl icant on an architectural style for the model homes that is appropriate for the context of the neighbourhood. Architectural Control is a standard requirement for all plans of subdivisions within Clarington to ensure the Municipality’s established Guidelines are adhered to. Tree Removal and Fencing 10.10 Staff and residents have raised concerns with the number of mature trees being removed on the subject lands. A revised tree preservation plan was submitted which shows a total of two trees to be preserved out of the 48 trees identified on the subject site. The two trees proposed to be preserved are located in the front yard of the proposed heritage lot. The trees along the west side of the heritage lot are proposed to be removed, as well as the trees which currently add privacy for the lots along Eastfield Crescent. The applicant has indicated that due to the grading on site, these trees cannot be retained. 10.11 There is also one tree located at the northeast corner, on an adjacent lot, which is proposed to be preserved. 10.12 Greater effort is required to preserve the existing trees on the east side of the site to maintain the privacy for the existing residents. These trees are located along the periphery and should be preserved, especially given the extra 1.5 metre rear yard setback that is proposed for the lots which would allow for greater flexibility in the grading and the protection of the trees. Municipality of Clarington Page 19 Report PDS-030-24 10.13 The trees on the heritage lot should also be maintained given that the trees are not impeding the proposed road network or development on the west side . They will be located on the heritage lot and will reinforce the heritage attributes of the building. Further discussion is needed with applicant about the grades and retaining some of the existing trees which will be through the subdivision application process. The applicant may also be subject to providing a deposit for the trees identified for protection in order to ensure damage does not occur during construction. Figure 7: Tree preservation Plan - Indicating further preservation considerations for the trees shown within the green box 10.14 There is an existing board privacy fence along the west side of the property which was constructed when the condominium site was developed. This will be maintained with the construction of the subject site. On the east side of the subject lands there is a combination of fencing from the farm and private fences that have been constructed by individual landowners. If the trees will be maintained on the east side, this may negate the need of a privacy fence between adjacent property owners. There is no requirement for a fence between adjacent residential property owners. Owners would have to coordinate among themselves if there is a desire to erect a privacy or chain link fence in the rear yards. On the north side of the subject lands, there are no plans to erect any fences in order to ensure pedestrian connections to Bloor Street can be provided. Municipality of Clarington Page 20 Report PDS-030-24 Vehicle Access and Traffic 10.15 The site is proposed to have vehicle access via a new proposed crescent (Street A) which connects to Gord Vinson Ave. There are also five residential lots which would have direct access from Gord Vinson Ave. The west leg of the crescent has been skewed slightly to the right in order to align with Fenning Drive to the south. Fenning Drive was originally supposed to connect north through the site to Bloor Street, however the Region of Du rham has indicated that the connection is not warranted given the close proximity to the intersection of Bloor and Townline, as well as Bloor and Bruntsfield Street intersection. 10.16 Concerns were raised from the public regarding the increased traffic that would be generated from the development and the impacts on the intersection of Fenning Drive and Gord Vinson Ave. Clarington Staff have reviewed the Traffic Impact Study and have no concerns. In response to the speed of traffic, Staff have also indicated th at there is already an unwarranted all-way stop at this intersection, which was installed as a result of the condominium site to the west. The speeds monitored are acceptable and are not outside any typical ranges. Gord Vinson Ave. serves as a collector road but has a smaller width which can assist in keeping the speeds low. The Bloor St. and Townline Rd. intersection issues are the responsibility of the Region of Durham. A summary of comments provided by the Region of Durham and Clarington Engineering are provided in Attachment 3. Figure 8: Streetview showing all way stop at Gord Vinson Ave. and Fenning Dr. Parkland Dedication and Pedestrian Connections 10.17 The original plan for the subject site contemplated a parkette at the northwest corner. However, given the amount of land required to be dedicated would only result in approximately 0.12 hectares of parkland, it was decided that this did not result in a sufficient area for park purposes. Land dedication for a park was deemed unnecessary and a payment in lieu of parkland dedication would be required as an alternative. Municipality of Clarington Page 21 Report PDS-030-24 10.18 Fenning Drive is no longer being proposed to extend to Bloor Street, therefore the proposed development will still have to provide pedestrian connectivity to the property to the north, and ultimately to Bloor Street. The Municipality requires the proposed north - south sidewalk on the east leg of Street A to be extended northerly to the limit of p roposed development. The sidewalk will provide the opportunity for future connectivity to the future development and Bloor Street East. 10.19 Pedestrian connections to the commercial uses at the intersection of Bloor Street and Townline Road would be created through the use of sidewalks that would connect to the abutting lands to the north. The lands to the north are planned to be a condominium block which would mean that pedestrian connections would have to be secured through an easement over the privately owned lands. 10.20 The pedestrian connections to the commercial areas and to Bloor Street would be a condition of approval in a future site plan application for the abutting lands to the north. Through the subdivision and site plan application process, coordination between the two landowners shall occur for the east-west pedestrian connection which currently runs along the north side of Street A within the public right of way. Through future applications and depending on the timing of the application to the north, the sidewalk may be able to be moved onto the abutting property. 10.21 The remainder of the site would provide for sidewalks within the public right -of-way along the outer edge of Street A. There are already existing sidewalks along Gord Vinson Drive, which are proposed to be maintained. Municipality of Clarington Page 22 Report PDS-030-24 Figure 9: Future Pedestrian Connections Municipality of Clarington Page 23 Report PDS-030-24 Potential Wildlife Aggravation 10.22 There were concerns raised from residents regarding the displacement of wildlife which may occur on the subject lands once construction has commenced. The subject lands were historically used for agricultural purposes and much of the site has already been disturbed. No natural heritage features or hydrological features were identified on the site to warrant a study. There are some existing trees on the subject lands that are proposed to be removed. Any clearing of the site will have to be completed outside of the breeding bird season. Lot Frontages 10.23 The applicant has revised the lot frontages to show wider lots within, and to the east of the site to transition to the lower density-built forms. The percentage of townhouses now comprises 74% of the proposed units, as opposed to 76%, as a result of the wider lot frontages. This will allow for more on street parking as a result of the wider lot frontages given the distance between driveway entrances. It will also provide for greater landscaped open space in the front yard and would allow for two cars to be parked on the driveway side by side. 10.24 The plan proposes lot frontages of 6.5 metres and 7 metres for the street townhouses and 9.5 metres and 10 metres for the single detached lots. Council has indicated in a 1999 resolution, that street townhouses must be a minimum of 7 metres and singles a minimum of 10 metres in order to sufficiently accommodate on street parking. This has been the standard in Clarington, with the exception of streets that can accommodate more parking in a rear lane or on a window street. The proposal has a street which can accommodate a greater amount of on-street parking because there are no driveways proposed on the north side of Street A. This will allow for a percentage of the lots to have smaller lot frontages while still ensuring that on-street parking requirements can be met. The applicant has prepared an on -street parking plan to demonstrate that Clarington’s requirements can be met. Proposed Zoning By-law Amendment 10.25 A rezoning is required to rezone the lands from “Holding – Urban Residential Type One (H)R1)” and “Agricultural (A)“ to the appropriate urban residential zones that would permit the proposed lots. Based on the current provisions for detached dwelling units and townhouses in the R2 and R3 Zones, the implementing zoning by-law for this site would require additional site-specific exception zones for some of the lots in order to accommodate the reduced lot frontages, as well as the exterior side yard setbacks. The height of the proposed dwelling units will be maintained at the standard 10.5 metres. Municipality of Clarington Page 24 Report PDS-030-24 Further considerations 10.26 The subject site is designated for residential uses in the Clarington Official Plan. The development of the site offers a transition from the existing neighbourhood and the future development of the Regional Corridor block to the north, with respect to housing form and street/pedestrian connections. The proposal provides an opportunity to meet the long-term vision for the neighbourhood, as well as contribute to Clarington’s housing pledge targets and intensification targets as set out by the Province and the Region, respectively. 11. Financial Considerations 11.1 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. 11.2 Maintenance and minor repairs of the neighbourhood park, environmental protection lands, walkways and road infrastructure will be included in future operating budgets upon acceptance. Perfect Storm Report 11.3 On April 15, 2024, Council endorsed the CAO's ‘Perfect Storm” report which expressed significant concerns related to recent changes to Provincial legislation resulting in reduced parkland dedication for new neighborhoods. Council passed resolution April 15, 2024, on directing staff to conduct Fiscal Impact Assessments for any developments impacted by Bill 23, while continuing to process applications, to ensure that both Council and the community understand the full cost of these changes. 11.4 There are no parkland reductions from these applications compared to the approved Secondary Plan. Therefore, there is no need to undertake an update of the Fiscal Impact Assessment as there are no additional costs to the Municipality. 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 Not Applicable. Municipality of Clarington Page 25 Report PDS-030-24 14. Conclusion 14.1 In consideration of all comments, it is respectfully recommended that the applications by Holland Homes to amend Zoning By-law 84-63 for 59 residential lots within a draft pan of subdivision be approved, with a (H) Holding Symbol, and that the (H) Holding Symbol be removed once all the Conditions of Draft Approval have been 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 – Draft Zoning By-law Attachment 2 – Draft Plan of Subdivision Attachment 3 – Department and Agency Comments Interested Parties: List of Interested Parties available from Department. Attachment 1 to PDS-030-24 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 Number 2024-__ 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-2022-0021 Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Section 14.6 “Special Exceptions – Urban Residential Type Three (R3) Zone” is hereby amended by adding thereto, the following new Special Exception Zone 14.6.77 as follows: 14.6.77 Urban Residential Exception (R3-77) Zone Notwithstanding Sections 14.1, 14.3 a. ii), b. i) and ii), c. iii), those lands zoned R3-77 shall only be used for street townhouse dwellings, subject to the following regulations and the applicable provisions not amended by the R3-77 zone: a. Lot Area (minimum) i) Exterior Lot 240 square metres b. Lot Frontage (minimum) i) Interior Lot 7 metres ii) Exterior Lot 9 metres c. Yard Requirements (minimum) i) Exterior Side Yard 2 metres 2. Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by changing the zone from: Attachment 1 to PDS-030-24 “Agricultural (A) Zone” to “Holding - Urban Residential Exception ((H)R3-59) Zone” “Holding - Urban Residential Type One ((H)R1) Zone” to “Holding - Urban Residential Exception ((H)R2-17) Zone” “Holding - Urban Residential Type One ((H)R1) Zone” to “Holding - Urban Residential Exception ((H)R2-41) Zone” “Holding - Urban Residential Type One ((H)R1) Zone” to “Holding - Urban Residential Type Three ((H)R3) Zone” “Holding - Urban Residential Type One ((H)R1) Zone” to “Holding - Urban Residential Exception ((H)R3-77) 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. By-Law passed in open session this ___ day of June, 2024 __________________________ Adrian Foster, Mayor _________________________ June Gallagher, Municipal Clerk Attachment 1 to PDS-030-24    $WWDFKPHQWWR3'6 Attachment 3 to PDS-030-24 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 ☒ The Region of Durham has indicated that the proposed development of 14 lots for single detached dwellings, one lot for an existing heritage dwelling and ten blocks for 44 townhouse dwellings conforms to the policies of the ROP and to the policies of Envision Durham. The Region of Durham has no objection to the draft approval of the plan of subdivision application. The Region requires the Archeological Assessments be forwarded to the Ministry of Citizenship and Multiculturalism for its review and clearance letter, a copy of which should be forwarded to the Region for our review and approval. This requirement has been included as a condition of approval of the Plan of Subdivision application. The revised noise impact study was reviewed and deemed acceptable to the Region. Durham Region Works Department ☒ The Regional Works Department has no objection to the further processing of the above noted applications. The conditions of approval of this department shall be complied with prior to its consent for registration of the plan of subdivision and the conditions shall form part of the Subdivision Agreement. Durham Region Transit ☒ The application was reviewed from a transit perspective, and Durham Region Transit has requested confirmation that the existing bus stop located westbound on Gord Vinson at Street “A” (Stop #94153) will be included as part of the detailed design. Central Lake Ontario Conservation Authority (CLCOA) ☒ CLCOA Staff have indicated that most of their previous concerns regarding matters relating to stormwater management have been addressed and that their remaining Attachment 3 to PDS-030-24 requirements regarding an updated hydrogeological assessment and in-situ infiltration rate testing can be provided during the detailed design stage of the application approval process. Kawartha Pineridge District School Board ☒ KPRDSB has no objection to the proposal and provided a list of items to be included in the conditions of draft approval of the subdivision. Peterborough, Victoria, Northumberland, Clarington Catholic District School Board ☐ No Comments. French Public Board: Conseil Scolaire Viamonde ☐ No Comments. French Catholic Board: Conseil Scolaire Catholique Mon Avenir ☐ No Comments. Clarington Engineering Development Division ☒ Engineering has no objection to the proposal and offers comments as follows which can be addressed at the detailed design stage:  Revise Grading Plan to preserve trees along the eastern boundary  Locations of hydrants on Parking Plan to be consistent with servicing plan  Revise location of retaining wall shown on the lot with the existing dwelling  Comments related to in-situ infiltration testing for the proposed LID locations to deal with stormwater management Clarington Emergency Services ☒ No objection. Clarington Building Division ☒ No objection. Enbridge Gas ☒ No objection. Hydro One ☒ No objection. Bell ☒ No objection. Rogers Cable ☐ No comments. Canada Post ☒ No objection. Durham Region Police Services ☒ No objection. City of Oshawa ☐ No comments.