HomeMy WebLinkAboutPDS-014-23Public Meeting Report
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Report To: Planning and Development Committee
Date of Meeting: March 6, 2023 Report Number: PDS-014-23
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By: Mary-Anne Dempster, CAO
File Number: S-C-2022-0013 and ZBA-2022-0017 Resolution#: PD-017-23
By-Law #: 2023-018
Report Subject: Rezoning and Draft Plan of Subdivision for 7 residential units within
the Foster Northwest Secondary Plan in Newcastle
Purpose of Report:
The purpose of this report is to provide information and gather input from the public and
Council, as well as recommend approval if there are no major concerns raised from the public.
Recommendations:
1.That Report PDS-014-23 and any related communication items, be received;
2.That provided there are no significant concerns with the rezoning application during
the Public Meeting, the rezoning application submitted by 2103386 Ontario Ltd., be
approved and the By-law in Attachment 1 to Report PDS-014-23 be passed;
3.That the application for Draft Plan of Subdivision S-C-2022-0013 submitted by
2103386 Ontario Ltd., to permit the development of 7 detached dwelling lots, be
supported subject to conditions approved by the Director of Planning and
Infrastructure Services;
4.That any Council and/or Public concerns regarding the subdivision be addressed
through the conditions of draft approval;
5.That once all requirements of the draft subdivision approval are satisfied, the By-law
authorizing the removal of the (H) Holding Symbol be approved;
6.That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PDS-
014-23 and Council’s decision; and
7.That all interested parties listed in Report PDS-014-23 and any delegations be
advised of Council’s decision.
Municipality of Clarington Page 2
Report PDS-014-23
Report Overview
The Municipality is seeking public input on applications for a proposed Draft Plan of
Subdivision and Zoning By-law Amendment submitted by 2103386 Ontario Ltd. to permit
seven detached dwellings at 208 Given Road in Newcastle. There are also ten detached lots
within the Foster Northwest plan of subdivision that require a rezoning to address an
administration error. Should there be no significant concerns from the public, Staff
recommend that the zoning by-law amendment be approved.
1. Application Details
1.1 Owner: 2103386 Ontario Ltd.
1.2 Applicant: D.G. Biddle and Associates Limited
1.3 Proposal: Draft Plan of Subdivision
Proposed Draft Plan of Subdivision for 7 detached residential units.
Zoning By-law Amendment
To rezone four detached residential lots located at 208 Given Road from
“Agricultural Exception (A-1) Zone” to “Holding - Urban Residential Type
Two Exception (H(R2-72)) Zone”.
To rezone three detached residential lots located at 208 Given Road from
“Agricultural Exception (A-1) Zone” to “Holding - Urban Residential Type
Two Exception (H(R2-71)) Zone”.
To rezone three residential lots located at 159, 155, and 151 Flood
Avenue (Blocks 198, 197, and 196 on registered plan 40M-2741) from
“Urban Residential Type Two Exception (R2-54) Zone” to “Urban
Residential Type Two Exception (R2-71) Zone”.
To rezone seven residential lots located at Block 185, and lots 217-222
on draft approved plan for SC-2017-0005 from “Holding - Urban
Residential Type Two Exception (H(R2-54)) Zone” to “Holding - Urban
Residential Type Two Exception (H(R2-71)) Zone”.
1.4 Location: 280 Given Road, Newcastle
159, 155, and 151 Flood Avenue, Newcastle
Block 185 and lots 217-222 on draft approved plan for SC2017-0005
1.5 Within Built Boundary: No
Municipality of Clarington Page 3
Report PDS-014-23
2. Background
2.1 On June 30, 2022, D.G. Biddle and Associates Ltd. submitted an application for a
Zoning By-law Amendment to facilitate the proposal of 7 detached dwellings a 208
Given Road in Newcastle, as well as to address a technical discrepancy with the lot
areas and frontages for tendetached dwelling lots within an existing plan of subdivision
(SC-2017-0005).
2.2 The applicant also submitted minor variance applications on July 20, 2022 for the
deficient lots within the first phase of subdivision SC-2017-005 in order to be able to
register the plan of subdivision in advance of the rezoning. The Minor variance
applications were approved on August 25, 2022. The rezoning is still required to ensure
the appropriate zone is applied to each of the lots to implement the other zon e
provisions that are typically applied to smaller detached lots, such as maximum lot
coverage and garage width.
2.3 On June 22, 2022 the applicant also submitted land division applications to sever the
lots at 208 Given Road (LD2022-083 to 86). Staff did not support the severances as the
zoning did not permit the proposed development. Furthermore, the appropriate
application to create the severed lots (total of 7 lots) would be a subdivision application.
It was Staff’s opinion that a subdivision application would be the appropriate application
to ensure it is processed concurrently with the rezoning application. This would also
allow for the subject property to be brought into the existing subdivision, including the
applicable terms of the agreement. It would also provide for a more cohesive
development since the north part of the subject property contains a portion of future
Flood Avenue, which is required to connect to Rudell Road and complete vehicle
access to the subdivision.
2.4 On October 6, 2022 the applicant submitted the subdivision application (SC-2022-0013)
to subdivide the seven lots at 208 Given Road. The subject area is approximately 1 acre
(0.40 ha). The lots are generally proposed to be between 407 square metres and 593
square metres and frontages between 10 metres and 20 metres.
2.5 The applicant has submitted the following supporting documents which have been
circulated to departments and agencies for review. They are available upon request and
are summarized in Section 9 of this report.
Phase 1 Environmental Site Assessment (ESA) Addendum
Stage 1 and 2 Archaeological Report
Functional Servicing and Stormwater Management Summary
Noise Impact Study
Traffic Impact Brief
Municipality of Clarington Page 4
Report PDS-014-23
3. Land Characteristics and Surrounding Context
3.1 The subject lands (208 Given Road) are located north of King Avenue in Newcastle at
the southwest corner of the future intersection of Flood Avenue ad Rudell Road. It is
zoned Agricultural Exception (A-1) and contains a detached dwelling and accessory
structures which are proposed to be demolished. Current access to the property is off
Rudell Road. To the south is an existing stormwater management pond. The site is
adjacent to an approved Plan of Subdivision (SC-2017-0005) in the Foster Northwest
Secondary Plan Area. The other ten lots that are part of the subject rezoning application
are within this plan of subdivision.
3.2 The surrounding land uses to the Northwest Foster Subdivision are as follows:
North – Proposed Public School Block and Highway 35/115
East – Detached dwellings in an existing subdivision
South – King Avenue
West – Wilmot Creek and Highway 35/115
Figure 1 – Lands Subject to Subdivision Application
Municipality of Clarington Page 5
Report PDS-014-23
Figure 2 – Lands Subject to Zoning By-law
Amendment Application
Municipality of Clarington Page 6
Report PDS-014-23
Figure 3 – Northwest View of Subject Lands
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement (PPS) policies direct growth to settlement areas and
promote compact development forms. The subject lands are proposed within the
Newcastle Settlement boundary. Planning authorities are to facilitate a variety of
housing forms and promote residential intensification to achieve efficient development
patterns, especially along public transit and active transportation routes.
4.2 The PPS requires Planning authorities to identify appropriate locations and promote
opportunities for intensification and redevelopment. It also requires Planning authorities
to identify the availability of suitable existing or planned infrastructure and public service
facilities required to accommodate these projected needs.
Municipality of Clarington Page 7
Report PDS-014-23
4.3 Settlement Areas shall encourage opportunities for infill where it can be accommodated,
taking into consideration the character of the neighbourhood and the existing or planned
infrastructure. The proposed seven detached dwelling lots is a form of infill development
and would be appropriate for the neighbourhood.
4.4 The proposal is consistent with the Provincial Policy Statement.
Growth Plan
4.5 The Growth Plan contains policies for municipalities within the Greater Golden
Horseshoe to manage growth and to direct and encourage development to settlement
areas. The subject lands are within the “Greenfield Area” of the Growth Plan. Proposed
development in a designated Greenfield Area requires a contribution towards an overall
density target of 50 residents and jobs per hectare. The density proposed is lower than
the density target, however the target is an overall target for the municipality. Other
considerations such as the surrounding context and appropriateness of the
development shall also be considered. The higher density target can be achieved in
other areas of Clarington’s Urban Structure typologies.
4.6 The proposal conforms to the Growth Plan.
5. Official Plans
Durham Region Official Plan
5.1 The property is designated “Living Areas” in the Regional Official Plan. Living Areas
shall be developed in a compact form through higher densities and by intensifying and
redeveloping existing areas. The proposal will intensify and redevelop an existing area
and conforms to the Region Official Plan.
Clarington Official Plan
5.2 The Clarington Official Plan designates the property as “Urban Residential”. The
minimum density for this area is 13 units per hectare and the predominant built form
includes detached dwellings up to three storeys high.
5.3 Rudell Road and the future Flood Avenue are not designated arterial roads, however
they will be main collector roads that connect to arterial roads, as well as the future
public school site. The proposal would facilitate the opportunity to develop the
streetscape by providing sidewalk connections and houses that would line the street
edge.
5.4 The proposal generally conforms to the Clarington Official Plan.
Municipality of Clarington Page 8
Report PDS-014-23
Foster Northwest Secondary Plan
5.5 The subject lands are within the Foster Northwest Secondary Plan. The Secondary Plan
sets out the policies to guide future development applications within this specific
neighbourhood. The majority of the Foster Secondary Plan area is planned for low
density residential dwellings that integrates with existing development within the Foster
Neighbourhood Area. The Secondary Plan designates the subject lands “Low Density
Residential”. Permitted uses include detached dwellings.
5.6 The Urban Design policies of the Secondary Plan seeks to achieve a walkable
community with a well-defined public realm. This includes highly interconnected pattern
of lotting for development blocks, consistent built form, safety, accessibility, shade and
comfort in the pedestrian environment and support for active modes of transportation.
5.7 The proposal is generally in conformity with the Foster Northwest Secondary Plan.
6. Zoning By-law
6.1 The subject property at 208 Given Road is zoned “Agricultural Exception-1 (A-1)” within
the Municipality of Clarington Zoning By-law 84-63, which is a common zoning category
for underdeveloped lots located within Settlement Areas. A zoning by-law amendment is
required to permit the seven detached dwellings in the proposed plan of subdivision.
6.2 For theten lots within the existing plan of subdivision (SC-2017-0005) a rezoning is also
required to correct the zoning categories that were applied to the subdivision. The
requested lot sizes and frontages are in keeping with the lot sizes within the subdivision
and will not change the use of the property or the number of lots in the subdivision. It is
consistent with the lotting pattern.
6.3 A hold symbol would be put in place for the lots within the second phase of the
development. For the lots within the first phase, a hold symbol is not required.
6.4 The R2-71 Zone is a site-specific exception zone that permits detached residential
dwellings on lots with a minimum frontage of 10 meters for an interior lot and 13 m for
an exterior lot. The minimum lot area is 270 m².
6.5 The R2-72 Zone is a site-specific exception zone that permits detached residential
dwellings on lots with a minimum frontage of 12 meters for an interior lot and 15 m for
an exterior lot. The minimum lot area is 300 m².
6.6 Below is a table which shows the current and proposed zoning for the subject lots. A
draft Zoning by-law is also included as Attachment 1.
Municipality of Clarington Page 9
Report PDS-014-23
Table 1 – Proposed Zoning, lot areas, and frontages
Lot Lot Area
(m2)
Lot Frontage
(m)
Current Zone Zone Category
Proposed
Lot 1 505 10 A-1 (H)R2-71
Lot 2 519 10 A-1 (H)R2-71
Lot 3 536 10 A-1 (H)R2-71
Lot 4 554 16 A-1 (H)R2-72
Lot 5 407 12 A-1 (H)R2-72
Lot 6 407 12 A-1 (H)R2-72
Lot 7 593 20 A-1 (H)R2-72
159 Flood Ave
(Block 198 on 40M-
2741)
407 13 R2-54 R2-71
155 Flood Ave
(Block 197 on 40M-
2741)
306 10 R2-54 R2-71
151 Flood Ave
(Block 196 on 40M-
2741)
305 10 R2-54 R2-71
Block 185 (draft
approved Plan for
SC-2017-0005)
419 13 (H)R2-54 (H)R2-71
Lots 217 to 222
(draft approved Plan
for SC-2017-0005)
Not provided 10 (H)R2-54 (H)R2-71
Municipality of Clarington Page 10
Report PDS-014-23
7. Public Notice and Submissions
7.1 Public notice was mailed to approximately 50 residents within 120 metres of the subject
lands on February 9, 2023. Signage was also posted on the property, along Ruddell
Road and King Avenue, advising of the complete application received by the
Municipality and details of the public meeting. Details of the application were also
posted on the Municipality’s website.
7.2 At the time of writing this report, no public comments were received. Comments
received from the public at this Public Meeting will be considered and included in the
recommendation report.
8. Department and Agency Comments
8.1 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
Planning Department
and Public Works
Durham Region Health
Department
Ganaraska Region
Conservation Authority
(GRCA)
GRCA does not have an objection to the
proposal, however consideration must be given to
the existing stormwater management pond
capacity. The existing pond is proposed (and
approved) to be retrofitted to accept the additional
storage from Foster West and the applicant will
need to demonstrate that the pond can also
accommodate the stormwater from the additional
7 lots.
Kawartha Pineridge
District School Board
Clarington Engineering
Development Division
No objection to proposal. Privacy fencing is
required for lots with an exterior side yard. For the
proposed subdivision, an appropriate cash
contribution in lieu of parkland dedication is
required.
Municipality of Clarington Page 11
Report PDS-014-23
Clarington Emergency
Services
Applicant to show distance of the fire hydrants to
the furthest main entrance of the proposed
buildings.
Clarington Building
Division
No objection.
Canada Post
Corporation
No objection.
Ministry of
Transportation
No objection.
Bell Canada
Rogers
Hydro One Network
Inc.
Enbridge Gas
PVNC District Catholic
School Board
Conseil Scolaire de
District Centre-Sud-
Quest
Conseil Scolaire de
District Catholique
Centre-Sud
9. Summary of Background Studies
Phase One Environmental Site Assessment (ESA), GHD, May 11, 2022
9.1 A Phase One Environmental Site Assessment (ESA) for the existing Foster Northwest
Subdivision was updated to include the lands at 208 Given Road. The Property is a
residential site that currently has a two-storey residential dwelling with a basement,
standalone garage, two gravel access driveways, and a grassed yard. The Property is
currently privately serviced with potable water and sanitary sewer. The surrounding area
can be generally described as residential and agricultural.
9.2 The Phase One ESA assessed the potential presence of offsite and onsite
contaminating activities (PCAs) that result in areas of potential environmental concern
(APECs). Based upon observations made during the site reconnaissance including the
surrounding land uses and review of the historical documentation, an on-site potentially
contaminating activity (PCA) was identified for the Property. Based on the conclusions
of the report, a phase two assessment is required to further investigate the presence of
contamination that may be caused by the presence of two heating oil storage tanks
located in the basement of the residential dwelling.
Municipality of Clarington Page 12
Report PDS-014-23
9.3 A stage 2 ESA will be required as a condition of approval for the subdivision and the
proponent will also have to satisfy the Region’s Site Contamination Protocol to address
any site contamination matters.
Stage One and Two Archaeological Assessment, Northeastern Archaeological
Associates Ltd., June 30, 2022
9.4 A Stage One and Two Archaeological Assessment was completed for the subject lands.
The assessment was carried out on May 25, 2022. The Stage One research indicated
that the property is of high archaeological potential because of its proximity to water and
registered archaeological sites.
9.5 This assessment did not result in the discovery of any material of cultural significance. If
any archaeological resources should be discovered during the course of development,
all excavation must stop immediately, and the Ministry of Tourism, Culture and Sport
shall be contacted immediately.
Functional Servicing and Stormwater Management Summary Letter, D.G. Biddle &
Associates Ltd. June 29, 2022
9.6 The Functional Servicing and Stormwater Management Summary Letter that was
prepared in conjunction with the existing Foster Northwest Subdivision Functional
Servicing and Stormwater Management Report finds that water and sanitary services
are available to service the proposed plan of subdivision. The three lots that front onto
Flood Avenue will be pre-stubbed with water, sanitary and storm connections with the
road extension. Three of the four lots on Rudell Road have been previously pre-stubbed
with water, sanitary and storm services with the construction of Rudell Road in 2006.
One additional set of services connections will be required on Rudell Road for the fourth
lot.
9.7 The existing stormwater facility to the south will be expanded to accommodate the
stormwater for the 7 lots. This was planned as part of the documents prepared for the
existing Northwest Subdivision, as the property was included in the post development
impervious levels. An updated report to reflect the final design of the subdivision will be
required as a condition of final approval for the second phase.
Noise Impact Study, D.G. Biddle & Associates Ltd., June 2022
9.8 A Noise Assessment was completed for the subject lands at 208 Given Road to assess
the noise impacts form vehicle traffic on King Avenue . All seven lots will require forced
air heating system with ducting sized to accommodate a central air conditioner unit, in
order to allow the homeowner the option of installing central air conditioning in the
future. Appropriate warning clauses are also to be included in the purchase and sale
agreement.
Municipality of Clarington Page 13
Report PDS-014-23
9.9 An updated Noise Study, based on the final grading and site design, will be required as
a condition of final subdivision approval to ensure the development agreements include
appropriate conditions to mitigate noise and warning clauses.
Traffic Impact Breif, Tranplan Associates, June 10, 2022
9.10 A Traffic Brief was prepared to assess traffic impacts for the proposed plan of
subdivision. The brief was an update to the existing Traffic Impact Study that was
prepared in March 2017 for the entire Foster Northwest Subdivision. The conclusions
indicated that the impacts on the road network for the seven proposed lots is expected
to be minimal, therefore the conclusions of the 2017 study remain valid.
10. Discussion
10.1 The site is situated in the Foster Northwest Secondary Plan Area. There is a subdivision
application adjacent to 208 Given Road which was comprehensively planned to
accommodate this development and complete the road network. The first phase of the
adjacent subdivision has already been registered as 40M-2741. There are 3 lots within
the registered plan that will need to be rezoned to address an error in the zoning by -law
amendment that was passed to implement the subdivision in September 2018. There
are also seven lots within the second phase of the Foster Northwest Subdivision that
are required to be rezoned. It is intended that the property at 208 Given Road will be
incorporated into the second phase if the rezoning is approved and the subdivision
receives draft approval.
10.2 The subject lands are designated for low density residential development in the Foster
Northwest Secondary Plan which would permit the proposed detached dwellin g lots.
The proposed subdivision will be an extension to the draft approved plan to the
northwest and includes an important section of the road network required to complete
Flood Avenue. Flood Avenue would then connect to Rudell Road and facilitate vehicle
movements for the entire Foster Northwest subdivision.
10.3 The existing stormwater management pond is situated to the south of 208 Given Road
and will be expanded to accommodate the proposed development. The stormwater
pond was designed with the intent that these lands would eventually be developed.
Municipality of Clarington Page 14
Report PDS-014-23
Figure 4 – Foster Northwest Subdivision Plan
10.4 A rezoning is required to rezone the lands from “Agricultural Exception (A-1) Zone” to an
Urban Residential Zone that will facilitate the proposed Plan of Subdivision. A Zoning
By-law Amendment has been prepared which would zone the subject lands to the
Urban Residential Type Two Exceptions (R2-71) and (R2-72) Zones.
10.5 A hold symbol is proposed for the lots at 208 Given Road, as well as the seven lots
within the second phase of the adjacent Foster Northwest subdivision. The hold will be
removed once the Applicant provides satisfactory evidence which addresses all
concerns listed in this report, and those listed at the public meeting as well as fulfills
conditions of the subdivsion agreement with the Municipality of Clarington to the
satisfaction of the Director of Planning and Infrastructure Services. The proposed
dwellings will be subject to architectural controls, consistent with design, finishes and
massing with the existing adjacent homes.
Municipality of Clarington Page 15
Report PDS-014-23
10.6 The proposal is in conformity with the Clarington Official Plan and the Foster Northwest
Secondary Plan. The proposed lots are appropriate for the lands and will complete this
portion of the neighbourhood as well as important infrastructure components. The lots
will continue to provide a range of lot sizes that are appropriate and consistent with the
surrounding area. As such, staff are recommending the draft plan be supported, and the
zoning by-law amendment be approved, subject to a (H) Holding Symbol.
10.7 The draft conditions of approval for the proposed subdivision will be prepared at a later
date, provided Council supports the recommendations in this report, and will be subject
to approval by the Director of Planning and Infrastructure Services.
Figure 5 – Proposal for 7-lot Plan of Subdivision
Municipality of Clarington Page 16
Report PDS-014-23
11. Financial Considerations
11.1 The recommendations of this report do not have any financial implications.
11.2 Financial implications of this project will be included in subsequent reports as more
information becomes available.
12. Concurrence
Not Applicable.
13. Conclusion
13.1 The purpose of this report is to provide background information and obtain comments
on the proposal for a draft plan of subdivision and rezoning to facilitate the development
of seven detached dwelling lots, as well as, to rezone ten lots in the existing draft plan
of subdivision that were a result in an administration error when the Zoning By-law was
approved for the subdivision.
13.2 Provided that there are no major concerns raised at the Public Meeting and in
consideration of all agency and staff comments, it is respectfully recommended that the
application for the Draft Plan of Subdivision be supported and the Zoning By-law
Amendment be approved, with a holding symbol. The conditions for the draft plan of
subdivision will be issued by the Director of Planning and Infrastructure Services
Department after a decision is reached on the rezoning and subdivision app lications.
Staff Contact: Nicole Zambri, Senior Planner, 905-623-3379 ext. 2422 or
nzambri@clarington.net .
Attachments:
Attachment 1 - Draft Zoning By-law
Attachment 2 – Draft Plan of Subdivision
Interested Parties:
List of Interested Parties available from Department.
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 2023-XX
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-2022-0017
Now therefore the Council of the Municipality of Clarington enacts as follows:
Schedule ‘5’ to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
“Holding - Urban Residential Type Two Exception (H)(R2-54) Zone” to “Holding -
Urban Residential Type Two Exception (H)(R2-71) Zone”
“Urban Residential Type Two Exception (R2-54) Zone” to “Urban Residential
Type Two Exception (R2-71) Zone”
“Agricultural Exception (A-1) Zone” to “Holding - Urban Residential Type Two
Exception (H)(R2-71) Zone”
“Agricultural Exception (A-1) Zone” to “Holding - Urban Residential Type Two
Exception (H)(R2-72) Zone”
as illustrated on the attached Schedule ‘A’ hereto.
Schedule ‘A’ attached hereto shall form part of this By-law.
1. 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 March, ____
__________________________
Adrian Foster, Mayor
_________________________
June Gallagher, Municipal Clerk
Attachment 2 to Report PDS-014-23