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HomeMy WebLinkAboutPDS-030-25Staff 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: June 16, 2025 Report Number: PDS-030-25 Authored By: Submitted By: Reviewed By: By-law Number: File Number: Report Subject: Tyler Robichaud, Senior Planner, Development Review Darryl Lyons, Deputy CAO, Planning and Infrastructure Mary-Anne Dempster, CAO Resolution Number: ZBA2021-0025 (Cross: S-C-2021-0008) Zoning By-law Amendment Application to permit 9 residential units and complete the connection of Dale Park Drive in Courtice. Recommendations: 1.That Report PDS-030-25, and any related delegations or communication items, be received; 2.That the By-law attached to Report PDS-030-25, as Attachment 2, be approved; 3.That once all conditions contained in the Zoning By-law with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 4.That the Region of Durham Community Growth and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS-030-25 and Council’s decision; and 5.That all interested parties listed in Report PDS-030-25, be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-030-25 Report Overview This report recommends approval of an application for a Zoning By-law Amendment submitted by D.G Biddle and Associates Ltd to permit a total of 9 residential dwelling units consisting of four semi-detached dwellings (8 residential units) and one single detached dwelling and includes the connection of Dale Park Drive, in Courtice. 1. Application Details 1.1 Owner: Dover Property Management Inc & Courtice Team Construction Inc 1.2 Applicant: D.G Biddle and Associates Ltd 1.3 Proposal: Zoning By-law Amendment To rezone lands from “Urban Residential Type One (R1) Zone” to an appropriate zone to permit the proposed development. Delegated: Draft Plan of Subdivision The proposed Draft Plan of Subdivision would permit 9 residential units consisting of 4 semi-detached dwellings and 1 single detached dwelling as well as connecting the east and west temporary turning circles of Dale Park Drive. 1.4 Area: 0.3 hectares (0.75 acres) 1.5 Location: Dale Park Drive, Courtice (see Figure 1) 1.6 Roll Numbers: 18-17-010-070-03750, 18-17-010-070-07950 Municipality of Clarington Page 3 Report PDS-030-25 Figure 1: Proposed Draft Plan of Subdivision and Surrounding Site Context Municipality of Clarington Page 4 Report PDS-030-25 2. Background 2.1 On October 29, 2020, Courtice Construction Team Inc. and Dover Property Management Inc. submitted applications for Draft Plan of Subdivision and Zoning By- law Amendment to permit an infill development of 9 residential units consisting of 4 semi-detached dwellings and 1 single-detached dwelling. 2.2 A Statutory Public Meeting was held on February 7, 2022, to provide background information regarding the applications and to obtain public comments . 2.3 Since submission, the applicant and Staff have worked to address various department and agency comments involving the draft plan and background studies. This process ultimately resulted in four total submissions to come to an agreeance on an appropriate development proposal. 2.4 The subject properties are vacant assembled parcels of land which will facilitate this proposed 5-lot subdivision. The proposed draft plan of subdivision (Figure 1) would connect the east and west portions of Dale Park Drive. The Dale Park Drive east right of way was approved in 1994 through the registration of subdivision 40M-1798. The west right of way was approved in 1985 through the registration of subdivision 10M-0766. Since then, some infill lots have been created through consent applications. In 2020, the rear portion of 19 Varcoe Road (Block 3 and 4) was severed from what is Municipally known today as 14 Dale Park Drive (Block 5) and is included in the draft plan. 2.5 The applicant and ownership group have worked with Municipal Staff to incorporate a future development block (Block 6), shown in blue (see Figure 1) into the proposed draft plan which serves as future access to the rear of 25 Varcoe Road to the north of Block 5. Block 6 will not be developed at this time as it has been created to mitigate the preclusion of future development options for the lots to the north to allow for the opportunity for residential development in the future. The registered residential lots owned by the applicant as seen in Figure 1 are part of previously approved plans of subdivision and have a holding. If the proposed draft plan if approved the applicant will yield 4 additional dwelling units once the Dale Park Drive connection is completed. 3. Land Use Characteristics and Surrounding Uses 3.1 The subject lands are located east of Varcoe Road, south of Nash Road and north of Regional Highway 2. The lands are currently vacant and are lined with vegetation along existing and former property lines. Both parcels are generally flat. Municipality of Clarington Page 5 Report PDS-030-25 3.2 The surrounding uses are as follows: North: Single detached dwellings South: Linked dwellings and Rick Gay Memorial Park East: Single detached dwellings West: Single detached dwellings and linked dwellings 4. Provincial Policy Provincial Planning Statement, 2024 4.1 The Provincial Planning Statement 2024 (PPS) provides identifies settlement areas as the focus of growth. Land use patterns shall be based on densities, and a mix of land uses that efficiently use land, resources, and infrastructure. 4.2 Opportunities for redevelopment and intensification should be promoted whe re it can be accommodated. Municipalities must provide a variety of housing types and densities, efficiently utilizing existing infrastructure and public transit facilities. 4.3 The application is consistent with the Provincial Planning Statement. 5. Official Plans Durham Region Official Plan (Envision Durham) 5.1 The Durham Region Official Plan designates the subject lands as “Community Areas”. The ultimate objective of Community Areas is to develop as complete communities that address various socio-economic factors, providing a range of housing, transportation and lifestyle choices, and creating opportunities for residents to live, shop, work and access services and amenities within their community. 5.2 Provided such uses are appropriately located and compatible with their surroundings, Envision Durham supports the implementation of complete communities by encouraging the achievement of more compact and higher density forms of development, including infill opportunities such as the proposed development. 5.3 The application conforms with Envision Durham. Municipality of Clarington Page 6 Report PDS-030-25 Clarington Official Plan 5.4 The Clarington Official Plan designates the subject lands Urban Residential. The Urban Residential designation shall predominantly be used for housing purposes, providing for a variety of densities, tenure, and types. Neighbourhoods must be walkable, compact, and connected and create a high-quality public realm. Compact urban form is achieved with an emphasis on infill developments. 5.5 The Dale Park Drive connection and right of way will be constructed as a local road. Local roads carry lower volumes of vehicular traffic, facilitate access to individual properties, and promote walking and cycling. Dale Park Drive will be designed to local road standards. Dale Park Drive will have a maximum travel speed of 40-50 km/h. 5.6 The subject lands are internal to an existing neighbourhood. The minimum density is 13 units per net hectare. Detached and semi-detached dwellings are permitted as per the proposed draft plan which conforms to the density targets in Table 4-3 within the Clarington Official Plan. 5.7 The application conforms with the Clarington Official Plan. 6. Zoning By-Law 84-63 6.1 The subject lands are currently zoned “Urban Residential Type One (R1) Zone” within Zoning by-law 84-63. A Zoning By-law Amendment is required to permit the proposed single-detached and semi-detached lots with reduced frontages and minimum lot area provisions. Holding Symbol 6.2 The lands will be rezoned to an appropriate urban residential zone subject to a (H) Holding provision to implement the Draft Plan of Subdivision. The proposed zoning by- law amendment is included as Attachment 2. 6.3 The (H) Holding provision will remain on the lands until the necessary Conditions of Draft Approval are fulfilled, the Subdivision Agreement is executed, the plan is registered and all the necessary securities are in place before building permits can be issued. 7. Summary of Background Studies Planning Justification Report, September 2021; update February 2023 7.1 The Planning Justification Report prepared and submitted in support of the proposal concludes that the applications represent good planning and are in the public interest. Municipality of Clarington Page 7 Report PDS-030-25 Functional Servicing & Stormwater Drainage Report, October 2021, revised March 2024, September 2024 7.2 The Functional Servicing Report submitted, concludes that in regard to new infrastructure such as the mainline sanitary sewer, watermain and storm sewer extensions with service laterals connecting the east and west temporary turning circles of Dale Park Drive, the proposed development can be serviced in accordance with the Municipality and Conservation Authority criterion. An appropriate Condition of Draft Approval will be imposed. Geotechnical Investigation Report, January 2023, revised August 2024 7.3 The Geotechnical Investigation Report submitted in support of the proposal concludes that materials testing and inspections should be carried out during construction operations. The Geotechnical consultant should be contacted to review and approve design drawings, prior to tendering or commencing construction. It is important that onsite geotechnical supervision be provided at this site for excavation and backfill procedures, deleterious soil removal, subgrade inspections and compaction testing. An appropriate Condition of Draft Approval will be imposed. Sustainability Report, October 2021 7.4 The Environmental Sustainability Plan submitted in support of the proposal concludes that the proposal meets the principles of the OBC and identifies implementation practices imposed to improve air quality, energy efficiency, water quality and efficiency, minimize waste and protect the natural environment throughout the construction period. Traffic Impact Assessment, August 2024 7.5 The Traffic Assessment concluded that the proposed Dale Park Drive connection does not have any negative effects on the use and enjoyment of the proposed or existing residential dwellings that front onto Dale Park Drive from a land use planning perspective. Traffic volumes may increase due to the extension, though that volume increase is attributed to a very small number of dwellings; local roads are designed and constructed to handle these low volumes of traffic. The proposed development provides sufficient on-street parking. Arborist Report, October 2021 7.6 The inventory and assessment presented in the Arborist Report concluded preliminary recommendations regarding the preservation and removal of certain trees and vegetation. These recommendations are to be used to inform the detailed design process and site layout for tree and vegetation protection/preservation based on location, species, size, condition, quality of tree and sensitivity to development . Municipality of Clarington Page 8 Report PDS-030-25 8. Public Submissions 8.1 A Statutory Public Meeting was held on February 7, 2022. Notification was provided to all property owners within 120 metres of the subject lands, and Public Meeting signs were installed at the ends of the east and west Dale Park Drive temporary turning circles. 8.2 Staff received multiple inquiries from neighbouring residents who supported and opposed the development. The opposition to the development can be highlighted by concerns with the secondary access to Rick Gay Memorial Park, construction damages to existing dwellings, stormwater management concerns, public safety resulting from increased traffic volume, loss of vegetation, over-development and overall disruption to the existing neighbourhood. 8.3 Public comments are discussed in Section 10 of this report as well as within the background studies associated with this development application. 9. Department and Agency Comments 9.1 Various agencies and internal departments were circulated for comments on the applications. Attachment 3 to this report is a chart which provides the list of circulated parties. 10. Discussion General 10.1 The development will facilitate the connection of Dale Park Drive as contemplated through the registration of plans 10M-0766 (1985) and 40M-1798 (1994). The proposed infill development will enable the future road connection and 9 infill units and is supported by Staff. This proposed development “unlocks” other lands owned by the applicants (see Figure 1) resulting in 4 additional units because the road will now be extended. Park Access 10.2 Access to Rick Gay Memorial Park is off Cherry Blossom Drive and Dale Park Drive. Improvements will be made to the park access off Dale Park Drive, including connections to public sidewalks once Dale Park Dive is completed. Details will be finalized at the engineering stage. 10.3 Block 7 of Plan 40M-1798, shown on the Draft Plan of Subdivision (see Figure 1) is owned by the Municipality of Clarington adjacent to Rick Gay Memorial Park. The Owner will be responsible for the installation of a fence along the lot line, from the rear property line to the street line between Block 7 and Lot 6 (40M-1798). An appropriate condition of Draft Plan Approval will be imposed. Municipality of Clarington Page 9 Report PDS-030-25 Local Road 10.4 The applicant will be responsible for the removal of the temporary turning circles to facilitate the Dale Park Drive connection between the two existing temporary turning circles. This includes the construction of all infrastructure, boulevard works and sidewalks to Municipal standards. Parkland 10.5 No parks are proposed within this development given the scale of the development. Rick Gay Memorial Park is adjacent to the subject lands. Cash in lieu of parkland will be required as a Condition of Draft Approval. Public Comments 10.6 Staff received comments from residents in support and opposition of the development which included written submissions and petitions supporting and opposing the development signed by local area residents. The concerns from the residents who opposed the development are referenced in Section 8 of this report. 10.7 As per the recommendations in the Geotechnical Investigation report, on-site monitoring and construction mitigation measures will be implemented to ensure the prevention of construction damages to existing dwellings and overall disruption to the existing neighbourhood. 10.8 Stormwater management has been reviewed in detail by Clarington’s Development Engineering Department and the Central Lake Ontario Conservation Authority (CLOCA). There is no objection to the plan of subdivision by either party, however there are requirements from Development Engineering and CLOCA that need to be fulfilled by the Owner prior to issuance of permits from the Conservation Authority and clearance for registration of the subdivision. 10.9 Given the number of new units, traffic volumes will be minor. Prior to registration the Owner will be required to provide an updated Traffic Impact Study to address traffic calming measures if needed, such as speed humps, road narrowing and signage. 10.10 An Arborist Report and Tree Preservation plan was submitted to address resident’s concerns for the loss of vegetation. The Owner must provide a written commitment to implement the recommendations in the report. 11. Financial Considerations 11.1 This proposal is considered and infill development. 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. Municipality of Clarington Page 10 Report PDS-030-25 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 resulting in the creation of growing resilient, sustainable, and complete communities and connecting residents through the design of safe, diverse, inclusive, and vibrant communities. The proposal aligns with Clarington’s Strategic Plan. 13. Climate Change 13.1 The environmental impacts resulting from the proposed infill development would be negligible and therefore did not necessitate the submission of an energy conservation / sustainability plan for the development of 9 residential dwellings. Measures will be imposed through the site alteration perm its and detailed design to improve air quality during construction by implementing dust mitigation measures, reducing energy and water consumption and reducing the urban heat island effect through landscaping measures. 14. Concurrence Not Applicable. 15. Conclusion 15.1 It is respectfully recommended that the Zoning By-Law amendment application by D.G Biddle and Associated Ltd consisting of 9 residential dwelling units be approved, with a (H) Holding provision. The (H) Holding provision will be removed once the applicant enters into a Subdivision Agreement and all the conditions therein are satisfied. Staff Contact: Tyler Robichaud, Senior Planner, (905) 623-3379 ext. 2420 or TRobichaud@clarington.net Attachments: Attachment 1 to PDS-030-25 – Draft Plan of Subdivision Attachment 2 to PDS-030-25 – Zoning By-law Amendment Attachment 3 to PDS-030-25 – Department and Agency Comments Interested Parties: List of Interested Parties available from Department. DRAFT PLAN MUNICIPALITY OF CLARINGTON DP-1 Attachment 1 to Report PDS-030-25 Attachment 2 to Report PDS-030-25 C:\Program Files\eSCRIBE\TEMP\9383688245\9383688245,,,Attachment 2 to Report PDS-030-25.docx 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 2025-______ 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-2021-0025. Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Section 12.4 “Special Exceptions – Urban Residential Type One (R1) Zone” is hereby amended by adding thereto, the following new Special Exception Zone 12.4.105 as follows: 12.4.105 Urban Residential Exception (R1-105) Zone Notwithstanding Sections 12.2 a. and b., those lands zoned R1-105 shall be subject to the following zone regulations and the applicable provisions not amended by the R1-105 Zone: a. Lot Area (minimum) i) Single detached dwelling 425 square metres ii) Semi-detached dwelling 525 square metres b. Lot Frontage (minimum) Interior Lot i) Single detached dwelling 12.5 metres ii) Semi-detached dwelling 16.5 metres 2. Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by changing the zone from: “Urban Residential Type One (R1) Zone" to "Holding - Urban Residential Exception ((H)R1-105) 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. Passed in Open Council this _____ day of June 2025. __________________________ Adrian Foster, Mayor __________________________ June Gallagher, Municipal Clerk Attachment 3 to Report PDS-030-25 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 Community Growth and Economic Development Department ☒ The Region’s review has not identified any concerns with the proposal. As such the Region has no objection to draft approval of the subdivision application subject to fulfilling Conditions of Draft Approval prior to clearance by the Region for registration of this plan. Durham Region Works Department ☒ No objection. Central Lake Ontario Conservation Authority (CLOCA) ☒ No objection to the proposal, subject to Conditions of Draft Approval being fulfilled prior to permit issuance and CLOCA’s clearance of the Plan of Subdivision for registration. Pertaining to matters related to stormwater management, erosion and sedimentation control and financial requirements. Attachment 3 to Report PDS-030-25 Department/Agency Comments Received Summary of Comment Clarington Development Engineering Division ☒ No objections to the proposal. The Applicant will be responsible for submitting / updating the traffic brief; as prepared by a qualified transportation engineer to address specific issues including potential cut-through traffic. Items related to the Functional Servicing Report Applicant to submit written commitment to implement the recommendations provided in the Arborist Report and Geotechnical Investigation Report. As per the Development Engineering comment letter dated November 7, 2024; these items must be addressed prior to registration of the plan. Clarington Emergency Services ☒ No objection. Clarington Building Division ☒ No objection. Clarington Accessibility ☒ No objection. Rogers ☒ No objection. Bell Mobility ☒ No objection. KPRDSB ☒ No objection. Durham Regional Police ☒ No objection. Canada Post ☒ No objection. Hydro One ☒ No objection.