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HomeMy WebLinkAboutPSD-014-20Staff 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: May 19, 2020 Report Number: PSD-014-20 Submitted By: Faye Langmaid, Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO Resolution#: PD-066-20 File Number: S-C 2005-0004, ZBA 2020-0002 By-law Number: Report Subject: Public Meeting - Applications by Brookfield Residential (Ontario) Ltd. for a redline Revision to a Draft Approved Plan of Subdivision and Rezoning, east side of Regional Road 17, Newcastle Recommendations: 1.That Report PSD-014-20 be received; 2.That provided there are no major concerns from the public at the Public Meeting, the application for redline revision to Draft Approved Plan of Subdivision submitted by Brookfield Residential (Ontario) Limited for lot adjustments be supported subject to conditions as contained in Attachment 2 of Report PSD-014-20; 3.That the Zoning By-law Amendment application submitted by Brookfield Residential (Ontario) Limited be approved and that the Zoning By-law as contained in Attachment 3 of Report PSD-014-20 be passed; 4.That once all conditions contained in the Clarington Official Plan 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; 5.That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-014-20 and Council’s decision; and 6.That all interested parties listed in Report PSD-014-20 and any delegations be advised of Council's decision. Municipality of Clarington Page 2 Report PSD-014-20 1. Application Details Owner: Brookfield Residential (Ontario) Ltd. Applicant: Candevcon East Limited Proposal: Redline Revision to a Draft Approved Plan of Subdivision  to introduce “window streets” along the Regional Road 17 frontage, and eliminate two walkway connections from an internal street to Regional Road 17;  to replace the 6.6 metre dual frontage townhouse dwellings with 7.6 metre street townhouses units and other minor lot line adjustment; and  to replace the road widening along Regional Road 17 with a grading buffer to address the grade differences. Zoning By-law Amendment  To rezone the lands “Holding-Urban Residential Exception ((H) R1-86), and “Holding-Urban Residential Exception ((H) R3-46) to permit the proposed redline revision. Number of units: Draft Approved 270 unit - Proposed 268 units Area: 35 hectares Location: 675 and 755 Regional Road 17, Newcastle (see Figure 1) Roll Number: 18-17-030-030-04105 Within Built Boundary: No Report Overview The Municipality is seeking the public’s input to an application for a Redline Revision to a Draft Approved Plan of Subdivision and a Zoning By-law Amendment, submitted by Brookfield Residential (Ontario) Ltd. for minor lot line adjustments. The subdivision was previously approved and permits 268 single detached dwellings on the east side of Regional Road 17, Newcastle. Should no major concerns from the public be raised at the Public Meeting it is recommended the red-line revisions to Draft Approval be supported and the zoning by-law amendment be approved. Municipality of Clarington Page 3 Report PSD-014-20 Figure 1- Area subject to applications outlined in red Municipality of Clarington Page 4 Report PSD-014-20 2. Background 2.1 Brookfield Residential (Ontario) Ltd. (Brookfield) and the abutting subdivision by Smooth Run Developments (Smooth Run) received Draft Approval in 2012. The subject draft plan was approved for 270 residential units consisting of 62 semi-detached dwellings, 139 single detached units, 34 street townhouse units, and 35 dual frontage townhouse units which front onto Regional Road 17. 2.2 The proposed redline revision to the draft approved plan only affects a portion of the draft approved plan abutting Regional Road 17 shown in red on Figure 1. The changes are required to address significant grading differences between Regional Road 17 and the residential development. The proposed draft plan revisions include:  the introduction of 15 metre wide “window streets” along the Regional Road frontage, which eliminates two walkway connections from the internal streets to Regional Road 17;  the replacement of the 6.6 metre dual frontage townhouse dwellings with 7. 6 metre street townhouses units and other minor lotting a nd lot line revisions;  the road widening along Regional Road 17 has been replaced with a landscape buffer to address the grade differences; and  the zoning by-law amendment is required to reflect the change to the draft approved plan. 2.3 These changes affect only 54 lots and results in an overall reduction in residential units in this draft plan from 270 to 268 units. A “window street” runs parallel to an arterial road, allowing pedestrian connections to the main road, but not vehicular connections. See Figure 2 Municipality of Clarington Page 5 Report PSD-014-20 Figure 2 – Draft Approved Plan (left) Proposed Redlined Revisions (right) 3. Land Use Characteristics and Surrounding Uses 3.1 The subject lands are currently vacant and are being cultivated. The lands rise to the north-east from Regional Road 17. 3.2 The surrounding uses are as follows: North - Cultivated lands, single detached dwellings and accessory buildings, which received draft approval for 25 lots in 2019. South - Cultivated lands, Draft Approved Plan of Subdivision by Smooth Run Developments. Municipality of Clarington Page 6 Report PSD-014-20 East -Cultivated lands, Draft Approved Plan of Subdivision by Smooth Run Developments. West - Existing rural residential development. 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement encourages planning authorities to create healthy, livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. New development shall occur adjacent to built-up areas, shall have compact form and a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. Provincial Growth Plan 4.2 The Provincial Growth Plan encourages Municipalities to manage growth by directing population growth to settlement areas, such as the Newcastle Urban Area. 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. 4.3 The development allows for the efficient use of land, infrastructure and public services and is consistent with the Provincial Policy Statement and the Growth Plan. 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. The proposed development is part of a neighbourhood where various housing types will be accommodated as development proceeds. Municipal water and sanitary sewers and transit will be made available to the site in the future. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the lands as Living Areas. Lands designated as Living Area permit the development of communities incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The proposed development conforms with the Living Area designation. Municipality of Clarington Page 7 Report PSD-014-20 Clarington Official Plan 5.2 The lands are designated Urban Residential. The Urban Residential designation is predominately intended for housing purposes. Other uses may be permitted which by the nature of their activity, scale, design and location are supportive of and compatible with residential uses. 5.3 An approved Neighbourhood Design Plan will continue to provide guidance for the development of neighbourhoods unless superseded by a Secondary Plan. Only the north portion of the North Newcastle Neighbourhood requ ires a Secondary Plan, currently under way, prior to considering any applications for development. 5.4 The policies require new residential development and emerging neighbourhoods to be designed to provide for a variety of housing types and supportive land us es, including commercial and community facilities and encourage accessible, walkable neighbourhoods that prioritize pedestrians over cars and provide for a variety of uses. Mill Street, Regional Road 17 is designated as a Type B Arterial. Neighbourhood Design Plan 5.5 The proposed changes are a minor deviation from the approved Neighbourhood Design Plan (NDP) with the introduction for window streets and minor changes to the lotting pattern. The location of major road, stormwater facilities, schools, parks and parkettes are not affected. The changes are considered minor and an amendment to Neighbourhood Design Plan is not deemed to be warranted. See Figure 3. Municipality of Clarington Page 8 Report PSD-014-20 Figure 3 - Lands owned by Brookfield in the North Village Neighbourhood Design Plan Municipality of Clarington Page 9 Report PSD-014-20 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands “Holding-Urban Residential Exception ((H) R1-86)”, and “Holding-Urban Residential Exception ((H) R3-46)”. 6.2 A Zoning By-law Amendment is required to support the proposed changes to the Draft Approved Plan. 7. Public Notice and Submissions 7.1 The Statutory Public Meeting was initially scheduled for April 6, 2020. Notice was mailed on March 12, 2020, prior to the declaration of the Provincial Emergency, and the restrictions for public gathering. The report was heard via teleconferencing however did not meet the requirements of the Planning Act for holding a Statutory Public Meeting. Subsequently, the Province did amend the Emergency Declaration to permit virtual public meetings hence this Second Public Meeting. 7.2 Public Meeting notice was mailed to area residents, the Public Notice sign was displayed on the subject property. The details of the application were included in the Planning Services Department E-update. 7.3 At the time of writing the report. one inquiry was received. The individual requested clarification on the term window street, only. 8. Agency Comments Engineering Services 8.1 The Engineering Services Department does not have concerns with the proposed changes to the draft plan. Staff has been in discussions with the applicant and have agreed to review the changes in conjunction with the revised engineering submission . Engineering Services has advised that the Brookfield and Smooth Run have jointly applied for a site alteration permit. Both developers intend to begin earth works in the summer of 2020. Emergency and Fire Services 8.2 The Emergency and Fire Services Department offer no objections. Operations Department 8.3 The Operations Department offer no objections. Municipality of Clarington Page 10 Report PSD-014-20 Kawartha Pine Ridge District School Board 8.4 The Public School Board offered no objection to the changes to the draft approved plan or the proposed zoning by-law amendment, subject to the inclusion of warning clauses in Agreements of Purchase and Sale for homeowners regarding school bus pick up points and despite a school site being reserved in adjoining draft plan (Smooth Run), a school may not be built for some time, if at all, in which case students from this area may have to attend existing schools. 8.5 Durham Region provided comments advising that additional road widening was not required. However, a ‘buffer’ block along Regional Road 17 with a proposed 3:1 slope (i.e. in accordance to Municipal standards) would be needed as provided on the red-line revised plan. The conditions of Draft Approval previously imposed remain applicable 8.6 Comments have not been received from the Ganaraska Region Conservation Authority and the separate school board. 9. Discussion 9.1 There is a significant grade difference between Regional Road 17 and the subject site. Based on the engineering details available at the time of the original application the draft approved plan showed townhouses with dual frontages on Regional Road 17 and a n internal public road. See Figure 2. To make up the grade, the townhomes proposed to have garages facing the internal road, and front doors facing Regional Road 17 at a lower level. The townhouse blocks would be quite high relative to Regional Road 17 and the proposed sidewalk. This created a less desirable streetscape and pedestrian relationship between the street and townhouse blocks. In addition, the original draft approved plan had two walkways from the internal road to Regional Road 17. Given the grades the walkway would be steep and not accessible and difficult to maintain. 9.2 The developer and consultant are now undertaking detailed engineering design work and have been able to better address the design of the streets abutting Regional Road 17. The proposed changes allow for the townhouse blocks to face the window street, which is more open, and the grade change would be less significant and taken up through a landscape strip, allowing for overall better urban design, pedestrian access and townhouse models. 9.3 Development of this draft plan cannot proceed in isolation of the abutting Smooth Run Draft Approved and a second Brookfield Draft Approved plan. Its development is dependent on the servicing, stormwater management, grading and road patterns on these abutting lands as shown in the neighbourhood Design Plan contained in Figure 3. 9.4 The lands to the north, which currently supports the existing single detached dwelling and accessory buildings are outside of the Neighbourhood Design Plan. They will be subject Municipality of Clarington Page 11 Report PSD-014-20 to a Secondary Plan in keeping with the Clarington Official Plan, which is currently under way. 9.5 Although comments are outstanding from the Ganaraska Region Conservation Authority, there are no significant changes proposed to how stormwater is addressed and the site does not have any natural heritage features. Staff do not anticipate comments that would require changes to the conditions or proposal. The proposed changes are minor in nature and represent an improvement over the original draft plan. These changes are supported by staff. The applicants are working on the engineering approvals and are anxious to enter into the appropriate development agreements with the Municipality and the Region to facilitate development in 2021. Staff are recommending that the zoning by-law be passed, provided there are no significant concerns from the public are raised. Should there be comments from the outstanding agencies that require changes to the proposed amendment to Draft Approval, the Director of Planning Services can make those changes under the delegated authority empowered by By-law 2001-072. 10. Conclusion In consideration of the departmental comments and based on review of the proposal, staff recommend approval of the proposed redlined revision to the draft approved plan of subdivision (Attachment 1), the amended draft conditions (Attachment 2) and Zoning By- law amendment (Attachment 3). Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or cstrike@clarington.net Attachment 1: Proposed Amendment to the Draft Plan of Subdivision Attachment 2: Proposed Amending Conditions of Draft Approval Attachment 3: Zoning By-law The following is a list of the interested parties to be notified of Council’s decision: Scott Waterhouse, Candevcon East Limited Jennifer Haslett, Brookfield Homes N Street 'A'Street 'B'Street 'L' Street 'H' Street 'H' Street 'A' Street 'K' Street 'J' Street 'J'Street 'D'Street 'D'Street 'B'Street 'G'Street 'L'Street 'A' Street 'Q' Street 'F'Str.'R'Str.'S'Street 'C'Street 'M'Street 'P'Street 'E'Street 'N'Street 'O'Street 'N'SS S S S SSS S S S SSS S S S S S S S SSSSSSSSSSSSSSSStr.'T'Street 'O'SS Street 'G' Street 'F' Street 'F' Street 'D'Street 'E' Street 'D'Street 'H'Street 'C'Street 'I'Street 'A'Street 'B'STREET A OTHER LANDS OWNED BY APPLICANT Street 'D' CONCESSION ROAD 3 HIGHWAY 35/115REGIONAL ROAD 17 (NORTH STREET)CANDEVCON EAST LIMITED KEY PLAN E19044 DP-7 PROPOSED OF SUBDIVISION SC-2005-004 PART OF LOT 28, CONCESSION 2 (GEOGRAPHIC TOWNSHIP OF CLARKE, FORMERLY VILLAGE OF NEWCASTLE) REGIONAL MUNICIPALITY OF DURHAM MUNICIPALITY OF CLARINGTON REDLINE REVISIONS TO DRAFT APPROVED PLAN SCHEDULE OF LAND USES: SURVEYOR'S CERTIFICATEOWNER'S CERTIFICATE I HEREBY CERTIFY THAT THE BOUNDARIES THIS PLAN . ACCURATELY AND CORRECTLY SHOWN ON RELATIONSHIP TO THE ADJACENT LANDS ARE OF THE LAND TO BE SUBDIVIDED AND THEIR ONTARIO LAND SURVEYORS(ONTARIO) LIMITED DATE SIGNEDSIGNED DATE BROOKFIELD RESIDENTIAL J.D. BARNES LTD. ADDITIONAL INFORMATION UNDER THE PLANNING ACT Under section 51(17) of The Planning Act information required by clauses A,B,C,D,E F,G, & J shown on Draft and Key plans.K) All municipal services required I) Sandy , Clay H) Piped municipal water supply L) As shown WE , THE REGISTERED OWNERS OF THE SUBJECT LANDS, HEREBY AUTHORIZE CANDEVCON EAST LTD. TO PREPARE AND SUBMIT A REVISED DRAFT PLAN OF SUBDIVISION FOR APPROVAL. NORTH VILLAGE BROOKFIELD SCOTT COONS, O.L.S. Attachment 1 to Report PSD-014-20 Attachment 2 to Report PSD-014-20 AMENDMENT TO THE CONDITIONS OF DRAFT APPROVAL DRAFT PLAN OF SUBDIVISION S-C 2005-004 (Brookfield Homes) Issued for Review: March 24, 2020 Notice of Decision:_____________ Amendment Approved: ________________ 1. The Conditions of Draft Approval dated October 19, 2012 and as amended on May 7, 2018, are hereby amended as set out below. “1. Plan Identification shall be removed in its entirety and replaced with the following: The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C 2005-0004, prepared by Candevcon East Limited, identified as Project Number E19044, original submission dated March 2011 by Sernas and Associates identified as Project Number 04320 and draft approved by the Ontario Municipal Board on October 19, 2013, now illustrates 268 residential units consisting of 150 single detached units, 62 semi-detached units, 56 street townhouse units, parkette, 0.3 metre reserves, grading buffer strip. 2. Deleted the following bullet: “proposed walkway (Block 194) is required for overland flow” 3. Delete Conditions 41 and 42 in their entirety. Attachment 3 to Report PSD-014-20 Corporation of the Municipality of Clarington By-law Number 2020-______ 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 2020-0002; 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 “Urban Residential Type One (R1)” to "Holding - Urban Residential Type Exception (H)(R1-86) Zone", “Urban Residential Type One (R1)” to "Holding - Urban Residential Type Exception (H)(R3-44) Zone", "Holding - Urban Residential Type Exception (H)(R1-86) Zone" to "Holding - Urban Residential Type Exception (H)(R3-44) Zone" , "Holding-Urban Residential Type Exception (H)(R3-46) Zone" to "Holding - Urban Residential Type Exception (H)(R3-44) 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 ____________, 20___ __________________________ Adrian Foster, Mayor __________________________ C. Anne Greentree, Municipal Clerk Attachment 3 to Report PSD-014-20