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Report To: Planning and Development Committee
Date of Meeting: October 23, 2017
Report Number: PSD -076-17 Resolution:
File Number: PLN 31.5.11, COPA 2017-0004 By-law Number:
S -C-2017-0005 & ZBA 2017-0007
Report Subject: Development Applications by 2103386 Ontario Inc. (Halminen)
and Louisville Homes Ltd. for 263 single detached dwellings, a
range of 132 to 142 street townhouse dwellings, and 105 link
townhouse dwellings in Newcastle
Recommendations:
That Report PSD -076-17 be received;
2. That the applications to amend the Neighbourhood Design Plan, Clarington Official
Plan Amendment, Draft Plan of Subdivision and Rezoning submitted by 2103386
Ontario Inc. (Halminen) and Louisville Homes Ltd. for a range of up to 510
residential dwellings continue to be processed and that a subsequent report be
prepared; and
3. That all interested parties listed in Report PSD -076-17 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PSD -076-17
Report Overview
Page 2
The Municipality is seeking public comments for applications it has received from 2103386
Ontario Inc. (Halminen) and Louisville Homes Ltd. The applicants are proposing an
amendment to the Foster North West Neighbourhood Design Plan, Clarington Official Plan
Amendment and Rezoning to permit a proposed Draft Plan of Subdivision with a range of
residential dwellings, a neighbourhood park, a built heritage precinct for Belmont House, and a
stormwater management pond. The lands are north of King Avenue West, east of the Wilmot
Creek Valleylands, south of Highway 35/115, and west of Rudell Road, Newcastle.
1. Application Details
1.1 Owner/Applicant: 2103386 Ontario Inc. (Halminen) and Louisville Homes Ltd.
1.2 Agent: D.G. Biddle and Associates Limited
1.3 Proposal: Foster North West Neighbourhood Design Plan Amendment
Relocation of the future site for the public secondary school,
enlargement of the neighbourhood park, reconfiguration of the built
heritage precinct, changes to street layout, and changes to
locations of the different dwelling types.
Clarington Official Plan Amendment
Convert the Amended Neighbourhood Design Plan to a Secondary
Plan in the Clarington Official Plan.
Proposed Draft Plan of Subdivision
A subdivision occupying a quadrant of a large neighbourhood, with
approximately 10 local streets and 2 collector roads, 263 single
detached dwellings, a range of 132 to 142 street townhouse
dwellings, 105 link townhouse dwellings, a 1.27 ha (3.14 acre)
neighbourhood park, a 0.66 ha (1.63 acre) built heritage precinct for
Belmont House, and a 1.11 ha (2.74 acre) stormwater management
pond but, not including the future secondary school site.
Proposed Rezoning
From "Agricultural Exception (A-1)" to appropriate zones to permit
the proposed draft plan of subdivision with its varied dwelling types
and frontages, the built heritage precinct and the secondary school
site. The land area that is integral to the Wilmot Creek Valleylands
will remain "Environmental Protection (EP)", the limits of which are
specified through the review and acceptance of the Environmental
Impact Study.
Municipality of Clarington
Report PSD -076-17
1.4 Area: 28.59 hectares (70.65 acres)
Page 3
1.5 Location: North of King Avenue West, east of the Wilmot Creek Valleylands
south of Highway 35/115, and west of Rudell Road
1.6 Roll Numbers: 18-17-030-030-12010 18-17-030-030-12206
18-17-030-030-12020 18-17-030-030-12400
18-17-030-030-12204 18-17-030-030-12500
1.7 Within Built Boundary: No
Figure 1: Foster North West — the Neighbourhood and the Proposed
Draft Plan of Subdivision
Municipality of Clarington
Report PSD -076-17 Page 4
2. Background
2.1 On February 21, 2017, D.G. Biddle & Associates Ltd., on behalf of 2103386 Ontario Inc.
(Halminen), Louisville Homes Ltd. and Robert Stephenson (who has since sold his
portion to 2103386 Ontario Inc.) submitted applications for Neighbourhood Design Plan
Amendment, Clarington Official Plan Amendment, Draft Plan of Subdivision and
Rezoning to permit a proposed draft plan of subdivision with a mix of single detached
dwellings, street townhouse dwellings and link townhouse dwellings, a neighbourhood
park, a built heritage precinct for Belmont House and a stormwater management pond.
2.2 A number of required documents were not submitted on February 21, 2017 and the
applications were deemed incomplete. The last set of outstanding documents was given
to Planning staff on August 31, 2017.
2.3 The Secondary School site was severed from the lands through a land division
application in 2015. The 7.93 hectare (19.6 acre) parcel will facilitate a Secondary
School. This change is shown in the proposed Amendment to the Neighbourhood Design
Plan. The Secondary School site is not within the Proposed Draft Plan of Subdivision
but, it is within the Neighbourhood Design Plan.
2.4 The Foster North West Neighbourhood Design Plan was approved on June 9, 2010.
Based on the policies following approval of OPA 107, Secondary Plans are being
prepared for new developing neighbourhoods. As a result, through the submitted Official
Plan amendment, the existing Neighbourhood Design Plan and modifications will be
converted into a Secondary Plan, which will be incorporated into the Clarington Official
Plan.
2.5 The studies for this proposal submitted are:
• Phase One Environmental Site Assessment
• Planning Justification Report
• Environmental Impact Study
• Energy Efficiency and Sustainability Plan Report
• Landscape Analysis
• Hydrogeological Assessment
• Archaeological Assessment
• Geotechnical Investigation
• Heritage Impact Assessment
• Traffic Impact Study
• Functional Servicing and Stormwater Drainage Report
• Noise Impact Study
Municipality of Clarington
Report PSD -076-17
3. Land Characteristics and Surrounding Uses
Page 5
3.1 The lands are generally flat with some gentle sloping and an incised creek valley at the
west boundary. Given Road, a local road, currently bisects the lands but, it is proposed
to be closed and conveyed to facilitate the proposed development. The historic Belmont
House is the occupier of an otherwise vacant site.
Figure 2: From Given Road looking South, Field North of King Avenue West and the
Newcastle Fire Station (No. 2)
3.2 The surrounding uses are as follows:
North - Highway 35/115 and beyond, agricultural and rural residential.
South - Regional Highway 2 and beyond, Newcastle Fire Station (No. 2), several
residences, and Community Park with Recreation Centre.
East - Rudell Road and beyond, urban residential and vacant, near future urban
Residential.
West - Wilmot Creek Valleylands.
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy encourages planning authorities to create healthy, livable and safe
communities by accommodating an appropriate range and mix of residential,
employment, recreation, park and open space; and other uses to meet long term needs.
The most relevant policies relating to these applications can be summarized as follows:
Municipality of Clarington
Report PSD -076-17
Page 6
• New development in settlement areas shall have a compact form, a mix of uses and
densities that allow for the efficient use of land, infrastructure and public services.
• A full range and mix of housing types and densities shall be provided to meet
projected requirements of current and future residents of the regional market area.
• A full range of built and natural settings for recreation including parks, open space
areas, trails and linkages are to be provided.
• Planning for Infrastructure and public service facilities must be efficient and cost
effective while considering climate change impacts.
• Development adjacent to natural features must demonstrate that there will be no
negative impacts on the natural features or their ecological functions.
• Development shall be directed to areas outside of hazardous lands impacted by
flooding and erosion.
4.2 Provincial Growth Plan
The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas. Municipalities are encouraged to create complete
communities that offer a mix of land uses, employment and housing options, high quality
open space, and access to stores and services.
Municipalities should establish an urban open space system within built up areas.
Growth is to be accommodated in transit -supportive communities to reduce dependence
on the automobile through the development of mixed use, pedestrian -friendly
environments. Growth shall also be directed to areas that offer municipal water and
wastewater systems.
The subject lands are identified as Greenfield area, and outside of the Built-up area. In
greenfield areas, growth is to make efficient use of services and infrastructure and be
compact and transit -supportive. The Growth Plan requires municipalities to achieve a
minimum density target that is not less than 60 residents and jobs combined per hectare
in the designated greenfield area and is measured across the Region of Durham.
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Region Official Plan designates the subject lands "Living Areas" and "Major
Open Space Areas" in the Regional Official Plan. Lands located within the "Living Areas"
designation are predominantly to be used for housing purposes. Lands designated
"Major Open Space Areas" within urban areas are predominantly to be used for
conservation purposes. Key Natural Heritage and Hydrologic Features on and adjacent
to the site require the completion of an Environmental Impact Study for development in
proximity to features. King Avenue West (Regional Highway 2) is designated an arterial
road and a Regional transit spine.
Municipality of Clarington
Report PSD -076-17
5.2 Clarington Official Plan
Page 7
The Clarington Official Plan designates the subject lands as Urban Residential and
Environmental Protection, with the indication of a Secondary School site. The
Environmental Protection Area designation reflects the location of the Natural Heritage
System. In this location, the system is the Wilmot Creek and its valleylands along the
west side of the development area, and an eastern tributary of Wilmot Creek. An
Environmental Impact Study was prepared giving consideration to the Natural Heritage
System.
New development in established neighbourhoods is to be designed to respect and
reinforce the physical character having regard to the pattern of lots, streets and blocks,
the size and configuration of lots, building types of nearby properties, the height and
scale of buildings and the setback of buildings from the street, rear and side yards. New
residential development is encouraged to create accessible, walkable neighbourhoods that
prioritize pedestrians over cars and provide for a variety of uses.
King Avenue West is designated a Type A Arterial Road and a Regional Transit Spine
and further identified as a Local Corridor which is a Priority Intensification Area. The
policies encourage transit -supportive, mixed use and compact urban form in Priority
Intensification Areas.
The recently amended policies of the official plan require the preparation of a Secondary
Plan for new developing residential areas. Approved Neighbourhood Design Plans will
continue to provide guidance for the development of neighbourhoods unless superseded
by a Secondary Plan. In this case the revisions required to the existing Neighbourhood
Design Plan triggers the preparation of a Secondary Plan for the neighbourhood.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the proposed draft plan of subdivision lands: "Holding —
Urban Residential Exception ((H)R1-67)", "Agricultural Exception (A-1)", and
"Environmental Protection (EP)". The Zoning By-law Amendment Application proposes to
rezone said lands to zones required to implement the proposed plan of subdivision.
7. Public Notice and Submissions
7.1 A Notice of Complete Applications was given by mail to the lead consultant on September
21, 2017.
7.2 A Notice of Public Meeting was given by mail to each landowner within 120 metres of the
neighbourhood design plan boundary, a public meeting notice sign was installed within
the same plan boundary in approximately the centre of both the King Avenue West and
Rudell Road frontages by September 21, 2017, and public meeting notice was published
in both Clarington This Week and the Orono Weekly Times on September 27, 2017.
Municipality of Clarington
Report PSD -076-17
Page 8
7.3 A Public Information Centre was held, in coordination with planning staff, on September
28, 2017 at the Clarington Public Library, Newcastle Branch. Three Clarington
Councillors, four developer representatives, four consultants to developers and
approximately 10 residents attended.
7.4 Planning staff met with a nearby resident on the morning of the Public Information Centre.
The resident asked about fencing around the condominium townhouses, and transposing
the condominium townhouse area with the southwestern storm water management pond.
The resident also asked if the condominium townhouses were part of Phase 1.
7.5 Other comments from the Public Information Centre were:
• Traffic congestion will increase;
• The high school land swap didn't make sense;
• Construction traffic using Rudell Road;
• Maintenance of the heritage dwelling at 302 Given Road; and
• A trail/walkway should be built on the to -be -closed Given Road allowance north of the
southeastern storm water management pond.
8. Agency Comments
8.1 The Ontario Ministry of Natural Resources and Forestry commented that they will review
the proposal in light of the endangered Butternut Tree species, under the Ontario
Endangered Species Act.
8.2 Comments remain outstanding from the majority of the circulated agencies including
Regional Planning and Regional Works, CP Rail, Ministry of Transportation, the school
boards as well as the conservation authority.
9. Departmental Comments
9.1 Engineering Services noted:
• The Municipality prefers the school block be included in the storm servicing
submission for this development. If not feasible, confirmation is required from the
school board that the servicing requirements for the future school block are
understood and accepted.
• A 7 metre garage setback is required for all 18m right-of-ways on the non -sidewalk
side, as per Standard C-202.
• A block in the southwest corner of Street B will be required to provide access to the
Wilmot Creek Valleylands and eventually to the GO Transit parking lot.
• The Landscape Plan as provided does not meet the Municipality's requirements for
the Street Tree Planting Plan.
• Additional comments will be provided based on responses and revisions submitted.
Municipality of Clarington
Report PSD -076-17 Page 9
10. Discussion
10.1 In response to the issues raised by the nearby resident, a typical condition of approval
includes a requirement for the installation of a 1.8 metre wood privacy fencing around the
perimeter of the condominium townhouses. This will be addressed in a future
recommendation report. Switching the location of the pond and townhouses is not
possible as there is a watershed divide between Wilmot Creek and a tributary leading to
this creek that the conservation authority did not want modified. The applicant's agent
suggested it is unlikely the condominium townhouses would be part of Phase 1.
10.2 A traffic impact study was submitted with the applications. It noted that traffic problems
should not be created or unduly increased if traffic signals and auxiliary turning lanes
were installed at the north -south collector road/King Avenue West intersection. For the
Highway 35/115 and Regional Hwy. 2 interchange monitoring for a future need for traffic
signaling is recommended.
10.3 The public school board acquired lands in the north end of the neighbourhood and plans
to build a secondary school there as opposed to abutting King Avenue West. The grades
of the land are less severe and therefore it is easier and more practical to construct a
building with a large foot print as well as required sports facilities in this location.
10.4 Construction traffic and phasing requirements will be reviewed as conditions of approval.
It is always the municipality's intent to keep construction traffic out of residential streets,
including Rudell Road, to the extent possible.
10.5 Planning staff note the Clarington Property Standards By-law provisions address
designated Heritage residences like Belmont House. The applicant has worked with staff
and the Clarington Heritage Committee to preserve the dwelling. The developer may
need to demonstrate Belmont House will not suffer vibration damage once servicing
begins in the area. Appropriate requirements to protect the designated property will be
addressed through conditions of approval.
10.6 A trail/walkway is identified in the official plan along the Wilmot Creek, the boundary of
the neighbourhood abutting Highway 35/115 and the CP Rail line connecting to the
Foster Creek. The Given Road road allowance is to be closed and conveyed through the
proposed draft plan of subdivision. Connections from the existing stormwater
management pond, north of King Ave and west of Rudell Rd to the Wilmot Creek valley
will be possible through future sidewalks in the proposed roads.
11. Conclusion
The purpose of this report is to provide background information on the applications
submitted by 2103386 Ontario Inc. (Halminen) and Louisville Homes Ltd. for the Public
Meeting under the Planning Act. Staff will continue processing the applications including
the preparation of a subsequent report upon resolution of the identified issues.
Municipality of Clarington
Report PSD -076-17
12. Strategic Plan Application
Not Applicable.
Page 10
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Andrew C. Allison, B. Comm, LL.B
Director of Planning Services Chief Administrative Officer
Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell(a)-clarington.net
The following is a list of the interested parties to be notified of Council's decision:
Michael J. Fry
Bob Malone
Willy Wicha
John Oates
BR/CS/av;tg/ah