HomeMy WebLinkAboutPSD-028-14 Claiftymn REPORT
PLANNING SERVICES DEPARTMENT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 26, 2014 Resolution#: 1 By-law#:c / 1
Report#: PSD-028-14 File#: 18T-89059 (Redline Rev. 2)
& ZBA 2014-0010
Subject: PROPOSED REDLINE REVISION TO PHASE 2 OF DRAFT APPROVED
PLAN OF SUBDIVISION 18T-89059 AND RELATED REZONING
APPLICANT: LINDVEST PROPERTIES (CLARINGTON) LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-028-14 be received;
2. THAT provided there are no significant concerns raised at this public meeting the
application for Redline Revisions to Phase 2 of Draft Approved Plan of
Subdivision 18T-89059 submitted by Lindvest Properties (Clarington) Limited
(see Attachment 1 to Report PSD-028-14) be supported subject to conditions
generally as contained in Attachment 2 to Report PSD-028-14;
3. THAT the application to amend Zoning By-law 84-63 by Lindvest Properties
(Clarington) Limited to implement the above Redline Revisions to Phase 2 of
Draft Approved Plan of Subdivision 18T-89059 be approved and that the Zoning
By-law amendment contained in Attachment 3 to Report PSD-028-14 be passed;
4. THAT the Holding symbol be lifted by by-law at such time as the Owner has
fulfilled the requirements of the Clarington Official Plan for removal of the Holding
symbol and satisfied the appropriate Conditions of Draft Approval;
5. THAT the Region of Durham Planning and Economic Development Department
and Municipal Property Assessment Corporation be forwarded a copy of Report
PSD-028-14 and Council's decision; and
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-028-14 PAGE 2
6. THAT all interested parties listed in Report PSD-028-14 and any delegations be
advised of Council's decision.
Submitted by: � Reviewed by:
vi J. C o MCIP, PP Franklin Wu
it ctor, Plan ing Services Chief Administrative Officer
BR/CP/av
May 21, 2014
REPORT NO.: PSD-028-14 PAGE 3
1. APPLICATION DETAILS
1.1 Owner/Applicant: Lindvest Properties (Clarington) Limited
1.2 Proposal: To amend by re-lotting, Phase 2 of Draft Approved Plan of
Subdivision 18T-89059 known as Foster Creek North, and to
rezone the lands to permit a net increase of 5 lots (138 in
total) comprising 36 10m lots, 45 12m lots and 57 15m lots
1.3 Phase 2 Area: 14.13 hectares (34.92 acres)
1.4 Location: West of Foster Creek, North of King Avenue West/Given
Road, generally east of Pedwell Street, and generally south
of Grady Drive
2. BACKGROUND
2.1 On March 26, 2014, Lindvest Properties (Clarington) Limited submitted
applications for Redline Revision to Phase 2 of Draft Approved Subdivision Plan
18T-89059 and amendment of Zoning By-law 84-63.
2.2 The proposal, for re-lotting with implementing minor rezoning is being done to
better reflect the market, broaden the range of single detached housing units,
and generate a more consistent lot fabric. The proposal does not affect the 64
medium density units that are also in Phase 2. (See Figure 1)
2.3 A Planning Justification Report and related Addendum, a Stormwater
Management Analysis and an On-street Parking Plan were submitted in support
of the proposed revising.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The western portion of the land is flat and vacant. The eastern and northeastern
portions of the land are in the Foster Creek Valley which will be dedicated as
open space.
3.2 The surrounding uses are as follows:
North - In the west portion Phase 3 of the same plan of subdivision, and
in the east portion the Canadian Pacific Railway
South - Given Road, King Avenue West and properties fronting on the north
side of these roads
East - Properties fronting on the west side of Remi Court and North Street
West - Registered and mostly built Phases 1 and 1B of the same plan of
subdivision
REPORT NO.: PSD-028-14 PAGE 4
Figure 1: Site Location
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4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The proposed re-lotting and the consequent addition of 5 more residential units
to Phase 2 of said plan provides an increase in density thereby providing a more
efficient use of land and services while generating a housing supply that is a little
more affordable and mixed. The applications conform.
REPORT NO.: PSD-028-14 PAGE 5
4.2 Provincial Growth Plan
The proposed re-lotting and the consequent addition of 5 more residential units
to Phase 2 of said plan broadens the range of single detached housing. The
dedication of the eastern and northeastern portions of the Phase 2 lands which
are in the Foster Creek Valley, as open space, will continue to facilitate
protection of the immediate environment. The applications conform.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the Phase 2 lands as "Living
Areas" and "Major Open Space Areas". The re-lotting and addition of the 5
residential units extends the range of housing a little and in a cost effective and
efficient manner. With no change to the Major Open Space portion of Phase 2
(Foster Creek Valleylands) the phase remains consistent with natural heritage
policies. The applications conform.
5.2 Clarington Official Plan
The Clarington Official Plan designates the Phase 2 lands as "Urban Residential"
with a "Medium Density Residential" symbol, and Environmental Protection Area.
The re-lotting and the consequent addition of the 5 residential units continues the
permitted residential uses. The low density housing units total number target for
the Foster Neighbourhood is not exceeded.
6. ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands Holding-Urban Residential Type
One ((H)R1), Holding-Urban Residential Exception ((H)R1-3), Holding-Urban
Residential Exception ((H)R1-67), Holding-Urban Residential Exception ((H)R2-
44), Holding-Urban Residential Exception ((H)R2-45), Holding-Urban Residential
Type Three ((H)R3) and Environmental Protection (EP). The re-lotting impacts a
total of 69 lots, hence the rezoning application.
7. SUMMARY OF BACKGROUND STUDIES
7.1 The Planning Justification Report by Lindvest Properties and the related
addendum, demonstrated proposal conformity to the Provincial Policy Statement
2014, the Durham Regional Official Plan and the Clarington Official Plan, as
noted in Sections 4 and 5 of Report PSD-028-14. The above report also
described the Minor Zoning By-law amendment as noted in Section 6 of Report
PSD-028-14, and the Minor Redlined Revisions to the Draft Plan of Subdivision,
discussed in Section 11 of Report PSD-028-14. Summaries were also given for
Servicing and Stormwater Management; and the On-street Parking Plan.
REPORT NO.: PSD-028-14 PAGE 6
7.2 The Stormwater Management Analysis by D.G. Biddle, for the re-lotted plan
noted the minimal increase in 15m lots (+1), the reduction in 12m lots (-27), and
the increase in 10m lots (+31). Such adjustment represents an overall decrease
in lot sizes and building envelopes, actually leading to a slight decrease (-1.6%)
in imperviousness, confirming no impact to the storm sewer system or the
stormwater management pond.
7.3 The On-street Parking Plan by D.G. Biddle, demonstrated that 77 acceptable on-
street parking spaces were within the Phase 2 limits providing 67% more than
the requirement of 1 space per 3 single detached units or 46 spaces.
8. PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the
subject property and three public meeting notice signs were installed on site at
least 27 days prior to this public meeting.
8.2 As of the writing of the report three inquiries were received.
i) One resident inquired about the revisions to the lotting; the timing of the
Pedwell Street extension south to King Avenue West; the timing of Phase
2; the timing of the wood privacy fence for the existing homes on Given
Road; and what would happen to the lands west of the Fosterbrook facility.
ii) Another resident also inquired about the revisions to the lotting and the
possibility of a severance from the Phase 2 lands.
iii) A third resident inquired about the construction of Grady Drive across the
Foster Creek Valley.
9. AGENCY COMMENTS
9.1 Veridian Connections made some standard comments that will be addressed in
the final approval process and the subdivision agreement. These comments
were forwarded to the Owner/Applicant.
9.2 Regional Works Comments state no concerns with the proposed re-lotting.
10. DEPARTMENTAL COMMENTS
10.1 Emergency and Fire Services
There were no fire safety concerns.
10.2 Engineering Services
10.2.1 The Clarington Building Division had no concerns.
REPORT NO.: PSD-028-14 PAGE 7
10.2.2 The Clarington Engineering/Parks Division viewed the changes as minor and
had no objection. It was noted that Block 140R must be conveyed to the
adjacent owner to the east and cannot be retained by the subdivision owner.
10.3 Operations
Clarington Operations Department had standard comments that will be
addressed in the final approval process and the subdivision agreement.
11. DISCUSSION
11.1 The revisions are considered consistent with policy directions of the Clarington
Official Plan and the general framework of the approved Neighbourhood Design
Plan. Roads, walkways and servicing layouts have not been changed. The
proposal for re-lotting is a tweaking of a portion of an already draft approved
plan of subdivision, necessarily accompanied by an implementing zoning by-law
amendment. Neighbourhood Design Plans are detailed guides rather than
prescriptive policy. There is no need for an amendment to the neighbourhood
design plan to implement the redline revisions to Phase 2 of the draft approved
plan of subdivision.
11.2 Neither agencies and departments nor residents raised objections to the
proposed revisions. The comment by Engineering Services that Block 140R
must be conveyed to the adjacent owner to the east has been addressed by an
added condition (new Condition 9) found in Attachment 2 to Report PSD-028-
14. There are no outstanding issues that cannot be resolved during detailed
design leading to final approval and registration of this second phase of the plan
of subdivision, and therefore it is recommended for approval of amendment to
draft approval and rezoning.
11.3 The Conditions of Draft Approval were reviewed and amended as required.
11.4 As of the preparation of the report Finance Department advises there are no
taxes owing on any of the properties in the subject lands.
12. CONCLUSION
12.1 The purpose of this report is two-fold. It is to provide background information on
the proposal submitted by Lindvest Properties (Clarington) Limited for the Public
Meeting under the Planning Act. Secondly, in consideration of the comments
received from the circulated agencies, and the relatively minor nature of the
proposed revisions, staff supports the redline revisions to draft approval of the
plan of subdivision as contained in Attachment 1, subject to the Conditions of
Draft Approval generally as contained in Attachment 2, and the Zoning By-law
amendment as contained in Attachment 3 implementing the proposed revisions
to the draft approved plan of subdivision.
REPORT NO.: PSD-028-14 PAGE 8
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the
following priorities of the Strategic Plan:
X Promoting economic development
X Maintaining financial stability
Connecting Clarington
Promoting green initiatives
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Bob Russell, Planner II
Attachments:
Attachment 1 - Redline Revised Draft Plan of Subdivision
Attachment 2 - Revised Conditions of Draft Approval
Attachment 3 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Toula Nessinis, Director of Land Development, Lindvest Properties (Clarington) Limited
Region of Durham Planning and Economic Development Department
Municipal Property Assessment Corporation
Dave Rickard
Margaret Maskell
David Metcalfe
Attachment 1
To Report PSD-028-14
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LINDVEST PROPERTIES (CLARINGTON) LIMITED
FOSTER CREEK NORTH - PHASE 2
PROPOSED RED—LINED REVISIONS TO DRAFT APPROVED PLAN OF SUBDIVISION
SCALE N.T.S.. PROJECT
_D.G. Biddle & Associates Limited DRAWN D.P. 113090
consulting engineers and planners DES DWG
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:66 KING STREET FAST • OSHAWA,ON • L1 H 1 RE5
PHONr (905)576 —B500 • FAX (90H)576-9730 CHECKED R.G.A. FIGURE 7
info CgDdgbicd.c.com DATE MARC1- 2014
ATTACHMENT 2
TO REPORT PSD-028-14
AMENDMENT TO CONDITIONS OF DRAFT APPROVAL
FILE NO.: 18T-89059 (FOSTER NORTH)
DATE: MAY 26, 2014
The Conditions of Draft Approval for 18T-89059 as issued on October 16, 2006 are hereby
amended as follows:
1. Condition 2 be deleted and replaced as follows:
"The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision 18T-89059, prepared by Tunney Planning Inc. identified as project number
TUN 562-1, and drawing number DP-4, dated September 2006 as further redlined
revised and dated March 2014, which illustrates 585 single detached dwelling units, two
medium density blocks for a total of 85 units, a park block, a school block, open space
blocks, road widening and 0.3 m reserves."
2. After Condition 2, add the heading REDLINED REVISIONS TO DRAFT APPROVED
PLAN OF SUBDIVISION and subsequent paragraph:
"i. References to File Number S-C-2000-001 be deleted from the redlined revised Draft
Approved Plan of Subdivision".
3. The following new condition be inserted as the new Condition 9 and the subsequent
conditions re-numbered accordingly.
"9. Block 140R is to be deeded to the,owner of the lot to the east at no cost to the
Municipality of Clarington or the owner of the lot to the east, and the lot to the east is
identified by Property Tax Assessment Roll Number 18-17-030-130-15202, and
known municipally as 102 Given Road."
4. Condition 13, now re-numbered Condition 14 be amended by inserting the following
words:
After the words "land uses shown on the" insert the words "March 2014 redlined revised".
5. The following new conditions be inserted as the new Conditions 22, 23, 24 and 25 and
the subsequent conditions re-numbered accordingly.
"22. The Owner shall prepare a Land Use Plan which shows the draft plan and
surrounding land uses. The Land Use Plan shall be in a format approved by the
Director of Planning Services. The Owner shall erect and maintain a sign on the
development site and/or in the sales office which shows the Land Use Plan as
approved by the Director of Planning Services. The Owner shall submit its standard
Agreement of Purchase and Sale to the Director of Planning Services which
includes all warning clauses/notices prior to any residential units being offered for
sale to the public.
23. Prior to final registration of any phase, the Owner shall provide a Soils Management
Plan for review and approval by the Director of Engineering Services. Such plan
shall provide information respecting any proposed import or export of fill to or from
any portion of the Lands, intended haulage routes, the time and duration of any
proposed haulage, the source of any soil to be imported, quality assurance
measures for any fill to be imported, and any proposed stockpiling on the Lands.
The Owner shall comply with all aspects of the approved Soils Management Plan.
The Director may require the Owner to provide security relating to mud clean up,
dust control and road damage.
24. Draft plan approval does not give the Owner permission to place or dump fill or
remove fill from, or alter the grade of any portion of the lands within the draft plan.
The Owner shall be required to obtain a permit from the Municipality under Site
Alteration By-law 2008-114, as amended, for any such work. If any portion of the
lands are within an area regulated by a conservation authority, the Owner shall
obtain a permit from the conservation authority in addition to obtaining approval
from the Director of Engineering Services regarding the intended haulage routes,
the time and duration of the site alteration work and security relating to mud clean
up, dust control and road damage. After registration of a subdivision agreement, the
provisions of the Municipality's standard subdivision agreement shall apply to any
proposed site alteration on the lands covered by the subdivision agreement.
25. Block numbers in the title block and in the draft approved redline revised plan of
subdivision must be consistent."
6. Condition 79, now re-numbered Condition 84, be deleted in its entirety and replaced with
the following:
"84. The Owner shall agree in the Municipality of Clarington Subdivision Agreement, to
the update of, and subsequent implementation of, the recommendations of the
report, entitled "Noise Impact Study Foster Creek North", prepared by HGC
Engineering, dated April 29, 2008, which specifies noise attenuation measures for
the development. The measures shall be included in the subdivision agreement
and must also contain a full and complete reference to the noise report (i.e. author,
title, date and any revisions/addenda) and shall include any required warning
clauses identified in the study."
7. A new Note be added to the Notes to Draft Approval at the end of said Notes and
numbered 6.
"6. Terms used in these conditions that are not otherwise defined have the meanings
given to them in the Municipality's standard subdivision agreement."
Attachment 3
To Report PSD-028-14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-
being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
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 2014-0010;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "5" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Holding — Urban Residential Exception ((H)R1-67)" Zone to "Holding — Urban
Residential Exception ((H)R2-44)"Zone;
"Holding — Urban Residential Exception ((H)R1-67)" Zone to "Holding — Urban
Residential Exception ((H)R2-45)"Zone;
"Holding — Urban Residential Exception ((H)R2-44)" Zone to "Holding — Urban
Residential Exception ((H)R1-67)"Zone;
"Holding — Urban Residential Exception ((H)R2-44)" Zone to "Holding — Urban
Residential Exception ((H)R2-45)"Zone;
"Holding — Urban Residential Exception ((H)R2-45)" Zone to "Holding — Urban
Residential Exception ((H)R1-67)"Zone; and
"Holding — Urban Residential Exception ((H)R2-45)" Zone to "Holding — Urban
Residential Exception ((H)R2-44)"Zone,
as illustrated on the attached Schedule"A" hereto.
2. Schedule"A"attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof,subject to the
provisions of Section 34 and 36 of the Planning Act.
BY-LAW passed in open session this day of 2014.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2014- ,
passed this day of , 2014 A.D.
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SCHEDULES
KING AVENUE WEST
__?__ Zoning Change From"(H)R1-67"To"(H)R2-44" Zoning To Remain"(H)R1-3"
Zoning Change From"(H)R1-67"To"(H)R2-45' Zoning To Remain"(H)R1-67"
a��ssaue Zoning Change From"(H)R2-44"To"(H)R1-67" Zoning To Remain"(H)R2-44"
® Zoning Change From"(H)R2-44"To"(H)R2-45" Zoning To Remain"(H)R2-45 Adrian Foster,Mayor
Zoning Change From"(H)R2-45 To"(H)R1-67" ® Zoning To Remain"(H)R3"
Zoning Change From"(H)R2-45"To"(H)R2-44" >jJ>a Zoning To Remain"EP"
® Zoning To Remain"(H)R1" Anne Greentree,Deputy Clerk