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HomeMy WebLinkAboutPDS-058-25Staff 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: November 10, 2025 Report Number: PDS-058-25 Authored By: Submitted By: Reviewed By: By-law Number: File Number: Report Subject: Toni Rubino, Senior Planner Darryl Lyons, Deputy CAO, Planning and Infrastructure Mary-Anne Dempster, CAO Resolution Number: ZBA2024-0025 (Cross: S-C 2024-0012) Zoning By-law Amendment application to permit 19 lots for detached dwellings in Newtonville. Recommendations: 1.That Report PDS-058-25, and any related delegations or communication items, be received; 2.That the By-law attached to Report PDS-058-25, as Attachment 1, be approved; 3.That the Region of Durham Community Growth and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS-058-25 and Council’s decision; and, 4.That all interested parties listed in Report PDS-058-25, be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-058-25 Report Overview This report recommends approval of an application for a Zoning By-law Amendment submitted by Planfarm Inc. on behalf of WDD International Inc. to facilitate a proposed Draft Plan of Subdivision which shows 19 detached dwelling lots, a stormwater management pond, a walkway and public roads in Newtonville. 1. Application Details 1.1 Owner: WDD International Inc. 1.2 Applicant: Planfarm Inc. 1.3 Proposal: Zoning By-law Amendment To rezone the subject lands from “Agricultural Exception (A-1)” Zone and “Residential Hamlet (RH)” Zone to Holding Residential Hamlet Exception ((H)RH-30) Zone to permit the development. Delegated: Draft Plan of Subdivision The proposed draft Plan of Subdivision would permit 19 lots for detached dwellings, a stormwater management pond, a walkway and public roads. 1.4 Area: 5.65 Hectares (14 acres) 1.5 Location: North of Regional Highway 2 and east of Regional Road 18 in the Hamlet of Newtonville (see Figure 1) 1.6 Roll Number: 18-17-030-010-22401 Municipality of Clarington Page 3 Report PDS-058-25 Figure 1 – Location of Subject Lands Municipality of Clarington Page 4 Report PDS-058-25 2. Background 2.1 On October 23, 2024, Planfarm Inc. on behalf of WDD International Inc., submitted applications for a Draft Plan of Subdivision (see Attachment 1) and Zoning By-law Amendment to permit a development consisting of 19 residential lots with a minimum lot size of 0.2 hectares each, a 0.28-hectare stormwater management pond, a walkway and new public roads. Access is proposed from Regional Road 18. A 6.0 metre emergency access which is also a walkway provides a connection from Church Lane into the site. 2.2 A Statutory Public Meeting was held on March 17, 2025, to provide background information regarding the applications and to obtain public comments. 3. Land Use Characteristics and Surrounding Uses 3.1 The subject lands are located in the north-east quadrant of the Hamlet of Newtonville. The property has frontage on Regional Road 18 and Church Lane. 3.2 The subject lands are 5.65 hectares in size and are part of the hamlet settlement boundary. The lands are currently vacant but have been cultivated in the past. A wetland has been identified in the location of the proposed stormwater management pond. 3.3 The surrounding uses are as follows: North: Predominantly agricultural lands outside of the hamlet boundary. East: Existing detached residential dwellings on large lots. South: Existing detached residential dwellings, Newtonville Community Hall and Ina Brown parkette. West: Existing single detached residential dwellings. 4. Provincial Policy Provincial Planning Statement, 2024 4.1 The Provincial Planning Statement (PPS) 2024 provides policies to support the creation of a full range of housing, while respecting the rural character in rural settlement areas. It also encourages the use of existing infrastructure, protection of the natural environment and creating complete communities. Municipality of Clarington Page 5 Report PDS-058-25 4.2 The subject lands are located within a settlement area, where the PPS promotes infill development and where existing infrastructure, and public services facilities will be utilized. 4.3 The proposal is consistent with the Provincial Planning Statement. Greenbelt Plan 4.4 The Greenbelt Plan identifies areas that should be protected from large scale development, including natural heritage features, hydrologic features, and agricultural lands. The Hamlet of Newtonville is considered a settlement area under the Greenbelt Plan. Policies are to support residential development which is compatible and complementary to the rural community. The p roposed development is located in an existing residential area, where the lots are to be similar in size and density to other residential lots along Regional Road 18 and Church Lane. 4.5 The proposal conforms to the Greenbelt Plan. 5. Official Plans Durham Region Official Plan (Envision Durham) 5.1 The Durham Region Official Plan (Envision Durham) designates the subject lands as “Hamlets.” The Envision Durham encourages development within hamlets to be compatible with surrounding uses and the rural landscape consisting of a mix of housing types appropriate for existing service levels, employment uses and commercial uses that meet the needs of the residents of the hamlets and the surrounding rural area. 5.2 Envision Durham encourages a wide range of residential dwellings that are locally appropriate and consistent with the character of the area. The proposed development supports Envision Durham policies guiding the development of hamlets by promoting housing opportunities within an existing neighbourhood area and by pro posing to develop the subject lands in an efficient manner while maintaining an attractive and contextually appropriate built form. 5.3 The proposal conforms to Envision Durham. Clarington Official Plan 5.4 The Clarington Official Plan designates the subject lands “Hamlet.” New residential lots in any rural settlement area with or without municipal water shall have a minimum lot size of 0.4 hectares and must meet the requirements of the Region of Durham Health Department for private services to ensure that there are no adverse impacts for water supply and quality. Municipality of Clarington Page 6 Report PDS-058-25 5.5 Development within a hamlet shall: a) Complement and enhance the historic character of the hamlet; b) Provide housing designed to complement the architecture of existing buildings; c) Implement a grid street system; and d) Consider opportunities and innovations to provide a more compact settlement form. 5.6 The Clarington Official Plan has specific policies for development in Newtonville. The following policies apply: a) All development shall be serviced by municipal water supply; b) The minimum lot size may be reduced provided an engineering study demonstrates to the satisfaction of the approval authorities that the soil and groundwater conditions can support reduced lot sizes without contaminating soil or groundwater; c) No further development shall be permitted upon reaching the capacity of the municipal water supply system, regardless of whether designated lands remain vacant; and d) No further development shall be permitted if there is evidence of soil and groundwater contamination which cannot be mitigated, until such time as the contamination is addressed to the satisfaction of the approval authorities. 5.7 The relevant studies have been deemed satisfactory to determine the appropriate lot sizes. 5.8 Staff have reviewed the Environmental Impact Study (EIS) associated with the proposed removal of natural features. The EIS was peer reviewed under the direction of Municipality of Clarington. The results of the Study have been deemed satisfactory. 5.9 The proposal conforms to the Clarington Official Plan. 6. Zoning By-law 84-63 6.1 The subject lands are currently zoned “Agricultural Exception (A -1)” Zone and “Residential Hamlet (RH)” Zone within Zoning By-law 84-63. A Zoning By-law Amendment is required to permit the proposed detached dwelling lots with reduced frontages and minimum lot area provisions. Municipality of Clarington Page 7 Report PDS-058-25 6.2 A Holding (H) Symbol will be implemented as part of the Zoning By-law Amendment. 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. The proposed zoning by-law amendment is included as Attachment 1. 7. Summary of Background Studies Planning Justification Report, prepared by Weston Consulting, September 2024 7.1 The Planning Justification Report submitted in support of the proposal concludes that the applications represent good planning and are in the public interest. The reduced lot frontage and area encourages a more compact, intensive development while also respecting the character of the area and maintaining the requirements for private septic systems. Environmental Impact Study (EIS), prepared by Colville Consulting Inc., September 2024 7.2 The EIS in support of the proposal concludes that development will have no negative impact on the ecological function of natural heritage features on or adjacent to the subject property. 7.3 The limited size, lack of proximity to other wetland features, and abundance of invasive plant species significantly limits wildlife use of the wetland. Due to the low functioning nature of the wetland, the wetland is generally not considered to be ecologically significant and therefore can be utilized for a stormwater pond to maintain the hydrologic function. Functional Servicing Report (FSR) and Stormwater Management Report (SWM), prepared by Crozier and Associates Inc., April 2024 7.4 The FSR and SWM Report submitted with the application states that the proposed development will be serviced with municipal water servicing, municipal storm servicing, and individual onsite sewage systems. Low-impact development (LID) measures are proposed across the site. Stormwater quantity, quality and erosion control is provided via a wet pond to control and treat flows. 7.5 The proposed development can be adequately serviced with respect to grading, stormwater management, individual onsite sewage systems, and water supply. An appropriate Condition of Draft Approval will be imposed. Municipality of Clarington Page 8 Report PDS-058-25 Geotechnical Investigation, prepared by Cambium Inc., December 2023 7.6 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, subgrade inspections and compaction testing. An appropriate Condition of Draft Approval will be imposed. Hydrogeological Assessment, prepared by Cambium Inc., April 2024 7.7 The results of the Hydrogeological Assessment submitted in support of the proposal indicates that the proposed development is feasible on the property. Construction excavation dewatering will be required on the western portion of the site because the proposed development includes basement le vels and underground infrastructure. 7.8 The nitrate concentration was determined to be acceptable, and the development can adequately provide wastewater treatment by private systems while maintaining an acceptable nitrate concentration. An appropriate Condition of Draft Approval will be imposed. This report was peer reviewed and accepted by the Region of Durham. Noise Impact Study, prepared by Cambium Inc., December 2023 7.9 The Noise Impact Study submitted in support of the application states that the proposed development is feasible and that no noise control measures are required. Typical Building Code construction is considered sufficient to the achieve indoor sound level criteria. The traffic impact is expected to be less than the applicable limits at all outdoor living areas. As such, no noise control measures or warning clauses are required. Phase One and Phase Two Environmental Site Assessment (ESA), prepared by Niagara Soil Solutions Inc., May 2022, August 2022 7.10 The Phase One ESA submitted in the support of the proposal identified two areas of potential environmental concern on the property. A Phase 2 ESA was recommended to investigate the potential for soil and/or groundwater contamination. 7.11 The results of the Phase Two ESA indicate that the site condition standards for soil and groundwater have been met. No further groundwater investigation was recommended. All monitoring wells are to be decommissioned in accordance with O.Reg. 903 when no longer required. An appropriate Condition of Draft Approval will be imposed. Municipality of Clarington Page 9 Report PDS-058-25 Stage One and Two Archaeological Assessment, prepared by Northeastern Archeological Associates Ltd., August 2023 7.12 A Stage One and Two Archeological Assessment were carried out in support of the proposed development. No material of cultural significance, value, or interest (CHVI) was recovered during Stage 2 test-pit assessments. Based on the Stage Two assessment results the report concludes that the subject site does not possess any cultural heritage value or interest, and that no further archaeological work is required within the development boundaries. If any archaeological resources should be discovered during the course of development, all excavation must stop immediately, and an archaeologist must be contacted. Traffic Impact Study (TIS), prepared by Crozier Consulting Engineers, February 2024 7.13 A TIS was carried out in support of the proposed development. The Study concluded that the development application can be supported from a traffic operations perspective. The boundary road network can accommodate the increase in traffic volumes attribut ed to the proposed development. Further, the proposed access is forecast to be functionally adequate with inconsequential impacts to Newtonville Road. 8. Public Submissions 8.1 A Statutory Public Meeting was held on March 17, 2025. Notification was provided to all property owners within 300 metres of the subject lands. Two public meeting signs were installed on the subject lands, one sign was posted fronting Regional Road 18 and the other on Church Lane. Details of the proposed application were also posted on the Municipality’s website, and in the Clarington Connected e-newsletter. 8.2 Staff received seven public comments on the proposed development. Questions from neighbouring residents were related to grading and stormwater drainage, environmental concerns, traffic, and the impact on the structural integrity of existing buildings and structures. Comments received were both in support and in opposition of the proposed development. 8.3 Staff have addressed the comments and concerns from residents via email, telephone and virtual meetings. 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. Municipality of Clarington Page 10 Report PDS-058-25 10. Discussion General 10.1 The proposed residential development is located within the Hamlet of Newtonville and the proposed residential uses represent a form of development encouraged by Provincial, Regional, and Municipal policies. It aims to develop a total of 19 lots for detached residential dwellings, a stormwater management pond and a walkway/emergency access. All lots will be on new public roads. Two of the 19 lots on the east side of the subject site are shown as temporary turning circles and will not be available for building permits until the lands to the east are developed, making road connections to the east possible. Block Plan 10.2 The draft plan shows one access point onto Regional Road 18 and an emergency access to the south. A Block Plan was submitted showing how the lands to the east, including road connections to Durham Highway 2 can be developed within the boundaries of the hamlet. Lot Sizes 10.3 The proposal has lots ranging from 2000 square metres to 2,880 square metres. The policies of the Clarington Official Plan allows for a reduction in lots sizes from the minimum 4000 square metres (0.4 hectares) for all rural settlement areas provided it can be demonstrated that there will be no impact to soil or groundwater. The results of the Hydrogeological Study and supporting documentation provided by the consultant were peer reviewed and confirmed that the proposal can be supported. Envision Durham required this report to be peer reviewed by an independent consultant, under the direction of the Region. Opportunity for Compact Settlement 10.4 In recent years, the Province of Ontario has updated the applicable Planning Legislation to include policies related to the establishment of additional dwelling units in order to alleviate the current housing demand. For this reason, the inclusion of addit ional dwelling units within the proposed single detached units or accessory building where possible is encouraged. Municipality of Clarington Page 11 Report PDS-058-25 Wastewater System 10.5 The Clarington Official Plan contains policies and guidelines to be considered for developments within Hamlets. In addition to those policies, there are also specific policies related to development in Newtonville. Development in Newtonville must be serviced with municipal water supply. A municipal wastewater system is not available in Newtonville and septic systems will be utilized for this development. Lot sizes can be reduced if the appropriate studies are submitted and deemed satisfactory to the approval authority, being Durham Region Health Services Department. The proposed lot sizes are approximately 0.2 hectare in size and have been deemed appropriate based on the studies submitted to support the reduction of the proposed lots sizes. Wetland 10.6 Although not mapped on Schedule “D3” to the Clarington Official Plan, a wetland on the westerly portion of the site has been identified. This is the site of the proposed stormwater management pond on the draft plan. The Official Plan allows for the removal of a wetland if it is under 0.5 hectares in size, among other criteria, if it can be demonstrated through an EIS that the removal is warranted. This feature was studied through an EIS and a peer review was undertaken, including a site visit, which demonstrated that that the criteria for removal had been met. Parkland 10.7 No parks are proposed within this development given the scale of the development. Ina Brown Parkette is adjacent to the subject lands. Cash in lieu of parkland will be required as a Condition of Draft Approval. Resident Concerns 10.8 Staff received comments from residents in support and opposition of the development which included written submissions supporting and opposing the development. The concerns from the residents who opposed the development are referenced in Section 8 of this report. 10.9 The Stormwater Management Report and Grading Plan for the development have been reviewed in detail by Clarington’s Development Engineering Department and the Ganaraska Region Conservation Authority (GRCA). There is no objection to the plan of subdivision by either party. There are standard requirements from Development Engineering and the GRCA that will be fulfilled by the Owner prior to the clearance for registration of the subdivision. Municipality of Clarington Page 12 Report PDS-058-25 10.10 An EIS was submitted as part of the application and was peer reviewed at the request of the Municipality of Clarington. An additional site walk with the peer reviewer was conducted. Based on the results of the EIS and the site walk the development will not have a negative impact on the ecological function of natural heritage features on or adjacent to the subject property. 10.11 The submitted Traffic Impact Study (TIS) was reviewed by Clarington’s Development Engineering Staff. Given the number of new units, traffic volumes will be minor. The existing road network is expected to accommodate the additional traffic volume. 10.12 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. 11. Financial Considerations 11.1 This proposal is considered an infill development. The capital infrastructure required for this development will be built by the developer and ass umed by the Municipality upon acceptance. This excludes onsite private septic systems. 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. 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 applicant has prepared a Sustainability Analysis within the Planning Justification Report. This proposal considers climate risks by improving air quality during construction, implementing dust mitigation measures during construction, reducing energy and water consumption through building materials and fixtures, protecting water quality though low-impact development (LID) measures and reducing the urban heat island effect through landscaping measures. 14. Concurrence 14.1 Not Applicable. Municipality of Clarington Page 13 Report PDS-058-25 15. Conclusion 15.1 It is respectfully recommended that the Zoning By-Law amendment application submitted by Planfarm Inc. consisting of 19 residential dwelling units be approved, with a (H) Holding provision, contained in Attachment 1. The (H) Holding provision will be removed once the applicant enters into a Subdivision Agreement and all the conditions therein are satisfied. Staff Contact: Toni Rubino, Senior Planner, (905) 623-3379 ext. 2431 or TRubino@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. Attachment 1 to Report PDS-058-25 Page | 1 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 ZBA2024-0025; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Section 9.3 “Special Exceptions – Residential Hamlet (RH) Zone” is hereby amended by adding thereto, the following new Special Exception Zone 9.3.30 as follows: 9.3.30 Residential Hamlet Exception (RH-30) Zone Notwithstanding Sections 9.2 a. and b., those lands zoned RH-30 shall be subject to the following zone regulations and the applicable provisions not amended by the RH-30 Zone: a. Lot Area (minimum) 2000 square metres b. Frontage (minimum) 29 metres 2. Schedule 16 to By-law 84-63, as amended, is hereby further amended by changing the zone from: "Agricultural Exception (A-1) Zone" and “Residential Hamlet (RH) Zone” to "Holding – Residential Hamlet Exception ((H)RH-30) 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. Page | 2 Passed in Open Council this _____ day of November, 2025 __________________________ Adrian Foster, Mayor __________________________ June Gallagher, Municipal Clerk Page | 3 Attachment 3 to Report PDS-058-25 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 Ec. Dev. Department No objection subject to the fulfillment of Draft Plan of Subdivision Conditions. Durham Region Works Department No objection subject to the fulfillment of Draft Plan of Subdivision Conditions. Durham Region Health No objection subject to the fulfillment of Draft Plan of Subdivision Conditions. Clarington Engineering Development Division Engineering has no objection to the proposal. Development Engineering is in support of an emergency access route. With respect to the Traffic Impact Study, provide a conceptual plan illustrating the roadway network, including fire routes, sidewalks, temporary cul-de-sacs, and all relevant dimensions, ensuring conformity with Clarington Design Standard. A 6 m setback / buffer is required around the pond block as well as a sediment drying area in the pond block. Provide an On-Street Parking Plan. Provide a tree preservation plan which includes the “reason for removal” in the inventory tables. Updates are required to the Stormwater Management Report, and the Geotechnical Report to meet Provincial and Municipal requirements. All other comments can be addressed at the detailed design stage. Attachment 3 to Report PDS-058-25 Clarington Emergency & Fire Services CEFS is concerned with one access into the site should the access be blocked. A secondary access has been confirmed. Clarington Building Division Ganaraska Region Conservation Authority The proposed development involves the full removal of the wetland habitat for the implementation of the Stormwater Management pond. The GRCA strongly encourages that the wetland feature be retained, however GRCA could support the removal of the wetland if the upper and lower tier municipality also support its removal due to the following: a. Even after the removal of the feature the Conservation Authority Act tests are satisfied; b. The wetland is under 0.5 ha in size; c. The wetland appears to be anthropogenically formed; d. The wetland provides minimal flood mitigation and erosion control; and e. The wetland is disconnected from larger wetlands. The hydrogeological assessment meets the guideline requirements and demonstrates a sound understanding of site-specific conditions. GRCA staff concurs with the recommendations made by Cambium Inc. and agrees that the site is feasible for the proposed development. Enbridge Gas No objection. Hydro One No objection. Bell No objection. Rogers Cable No objection. Kawartha Pine Ridge District School Board No objection.