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HomeMy WebLinkAboutPDS-023-23Clarftwn Staff 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: March 27, 2023 Report Number: PDS-023-23 Submitted By: Reviewed By: File Number: Report Subject: Carlos Salazar, Director of Planning and Infrastructure Services Mary -Anne Dempster, CAO Resolution#: PD-030-23 ZBA2021-0007 (x.ref S-C-2021-0001) By-law Number: 2022-024 Rezoning application to permit 33 residential units consisting of 7 single detached units and 26 townhouse units in Bowmanville. Recommendations: 1. That Report PDS-023-23 and any related delegations or communication items, be received; 2. That the Zoning By-law Amendment application submitted by Fairhaven Investments Inc. be approved and the draft By-law in Attachment 1 to Report PDS-023-23 be passed; 3. That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol and conditions of draft approval are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 4. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS- 023-23 and Council's decision; and 5. That all interested parties listed in Report PDS-023-23 and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-023-23 Report Overview Page 2 This report is recommending approval of a Zoning By-law amendment and Draft Plan of Subdivision submitted by Fairhaven Investments Inc. to permit the development of 33 residential units consisting of 7 single detached units, 26 townhouse units, and a Future Development Block on a new public road, in Bowmanville. 1. Application Details 1.1 Owner/Applicant 1.2 Agent: 1.3 Proposal: 1.4 Area: Fairhaven Investments Inc. Humphries Planning Group Inc. Draft Plan of Subdivision The proposed Draft Plan of Subdivision would permit 33 residential units consisting of 7 single detached units, 26 townhouse units and a Future Development Block. The subdivision would extend Nelson Street north and create a new public road internal to the site. Zoning By-law Amendment To rezone the lands from "Holding — Urban Residential Type Two ((H)R2)", "Holding — Urban Residential Exception ((H)R2-33)", and "General Industrial Exception (M2-1)" to appropriate zones that would permit single detached and townhouse dwelling units with the proposed lot sizes and provisions. 1.63 Hectares (4.03 acres) 1.5 Location: Blocks 112 and 113 on Plan 40M-2294, north of Albert Street, south of the former Goodyear lands in Bowmanville. See Figure 1. 1.6 Roll Number: 181702010018048 and 181702010018098 1.7 Within Built Boundary: Yes Municipality of Clarington Report PDS-023-23 2. Background fT22 27 E 29' Subject Lands BLOCK 11�3 !� 424' 212 BLOCK 112 42 70� ,5.,_5i�. a 54 -�. �R� 5_ 179_,, PLg 59 3�46 57 .71 41 eB1 -410 . ' 1 Page 3 Figure 1: Subject lands shown as Blocks 112 and 113 in Plan 40M-2294. 2.1 The subject lands are two blocks remaining from the previous subdivision approvals, Plan 40M-2294, which included the lands to the south, along Nelson Street, Albert Street and Alfred Shrub Lane. 2.2 The original subdivision was draft approved in 1995 with amendments to draft approval in 2002 and 2004. The original application and two amendments included significantly different proposals with different building forms including single detached, semi- detached and townhouse dwellings. The 2004 approval had the least number of total units consisting of 106 single detached lots on 12 metre frontages. Municipality of Clarington Report PDS-023-23 Page 4 Figure 2: Aerial of subject lands, surrounding land uses including the previous subdivision approval, former industrial lands and Special Study Area 3. 2.3 When the subdivision was approved the industrial lands to the north were still in operation, with licences to operate from the provincial government. To ensure compliance with provincial licences, Block 113 was not able to develop for residential purposes as the required setback from the industrial use to the north, specifically the reclaimed rubber plant, could not be met. Block 112 was intended for residential uses in the future should the industrial uses to the north cease to exist. 2.4 The industrial use is no longer in operation and the environmental compliance permits with the Ministry of the Environment, Conservation and Parks were revoked in 2017. The Official Plan designates the former industrial lands and some surrounding residential lands as Special Study Area 3. Special Study Area 3 envisions the area to be redeveloped as a mixed -use residential area, taking advantage of its location to Municipality of Clarington Report PDS-023-23 Page 5 downtown Bowmanville and the Bowmanville Creek valley. See Figure 2. Prior to any redevelopment, a comprehensive plan shall be prepared and adopted as an amendment to the Bowmanville East Town Centre Secondary Plan. The Secondary Plan review process is currently underway. 2.5 The subject lands are not included in Special Study Area 3; however, they are adjacent to the Special Study Area and provide flexibility and the ability to integrate with the future mixed -use residential development. 2.6 On April 28, 2021 Fairhaven Investments Inc. submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment to permit 34 residential units consisting of 8 single detached units, and 26 townhouse units. See Figure 3. The draft plan was subsequently changed to remove one single detached dwelling and replacing it with a Future Development Block. This provides flexibility for future development and road patterns to the north. Figure 3: Proposed Draft Plan of Subdivision 2.7 The applicant has submitted the following studies in support of the applications and will be summarized in Section 8 of this report. Municipality of Clarington Report PDS-023-23 • Environmental Impact Study; • Land use Compatibility Study; • Phase One and Two Environmental Site Assessment; and • Functional Servicing and Stormwater Management Report; and • Traffic Brief 3. Land Characteristics and Surrounding Uses Page 6 3.1 The subject lands are located at the north end of Nelson Street, west of Duke Street and east of Bowmanville Creek. The site is currently vacant with a significant mound in the middle of the site which appears to be left over fill from the previous development to the south. See Figure 4. The site currently slopes to towards Bowmanville Creek to the west. Figure 4: Subject lands looking east from Nelson Street. 3.2 The surrounding uses are as follows: North - Unoccupied industrial lands, formerly Goodyear South - Single detached dwellings East - Single detached dwellings West - Bowmanville Creek, in municipal ownership Municipality of Clarington Page 7 Report PDS-023-23 4. Provincial Policy Provincial Policy Statement (PPS) 4.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. The proposal conforms with the policies of the PPS. Provincial Growth Plan 4.2 The subject lands are within the defined Built Boundary and within the Urban Boundary of Bowmanville. 4.3 Growth is to be accommodated by directing a significant portion of new growth to the built-up areas through intensification and efficient use of existing services and infrastructure. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the built-up area. 4.4 The development of complete communities is encouraged by promoting a diverse mix of land uses, a mix of employment and housing types, high quality public open space and easy access to local stores and services. The proposal conforms with the policies of the Growth Plan. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the subject lands Living Areas. Living Areas 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. 5.2 Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas. The proposal conforms with he policies 5.3 The Region of Durham Official Plan identifies Key Natural Heritage and Hydrologic Features to the west of the subject lands. Development or site alteration is not permitted in Key Natural Heritage and Hydrologic Features, including any associated vegetation protection zone, as determined through an Environmental Impact Study. Clarington Official Plan 5.4 The Clarington Official Plan designates the lands Urban Residential and Environmental Protection. The Urban Residential designation is predominately intended for housing purposes, primarily single detached, semi-detached and townhouse dwellings. A variety Municipality of Clarington Report PDS-023-23 Page 8 of densities, tenure and housing types are encouraged, generally up to 3 storeys in height. 5.5 Natural Heritage Features are also identified and mapped on the west side of the subject lands and adjacent to the subject lands. This area is designated Environmental Protection Area. The natural heritage system is to be protected and enhanced for the long term to promote responsible stewardship and provide sustainable environmental, economic and social benefits. Studies will determine the appropriate development limit and buffers in accordance with the Official Plan. The policies require an Environmental Impact Study to be submitted in support of development, to determine the extent of the feature and appropriate buffer limits, with a minimum of 15 metres to waterways and valleylands. 5.6 The lands directly to the north of the subject lands are former industrial lands that are now subject to Special Study Area 3 within the Official Plan. The outcomes of Special Study Area 3 will determine how the lands to the north of the proposed subdivision will develop and integrate with the proposed subdivision. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands "Holding — Urban Residential Type Two ((H)R2)", "Holding — Urban Residential Exception ((H)R2-33)", and "General Industrial Exception (M2-1)". A Zoning By-law Amendment is required to permit the proposed single detached and townhouse dwelling units with the proposed lot sizes and provisions. 6.3 The proposed Zoning By-law amendment includes a Holding Zone. The Holding zone will remain on the lands until the necessary conditions of draft approval anddevelopment agreements are in place for the draft plan of subdivision. 6.4 The development agreements will require the applicant to, among other matters: • address the recommendations of the background studies, including submissions of additional information, plans and reports; • provide for municipal services and road works that will service the development; and • provide contributions towards parkland. 7. Public Notice and Submissions 7.1 The Public Meeting was held June 28, 2021. Municipality of Clarington Page 9 Report PDS-023-23 Staff have received inquiries and questions from residents, as follows: • Timing regarding the proposed development, should it be approved; • Requesting information regarding studies submitted, specifically the Environmental Site Assessment and potential impact from the former industrial lands to the north; • Requesting information on the future development of the former industrial lands north of the subject lands, Special Study Area 3; • Requesting information on previous plans for the Blocks when the subdivision to the south was developed and setbacks from the industrial use; • Safety as a result of traffic on Albert Street and Nelson Street ; • Concern with the architectural design of the buildings; • How is drainage at the rear of the existing homes be handled; • How will construction traffic be handled; and • Townhouses do not fit into the character of the neighbourhood. 7.2 These comments and concerns will be discussed in Section 10 of this report. 8. Summary of Background Studies Environmental Impact Study — GHD April 2021 8.1 The subject site is within 120 metre of natural heritage features associated with the Bowmanville Creek valley. No area sensitive bird species, rare plants, or habitat of threatened or endangered species was found. The report concluded that the proposed development will not result in impacts on the natural heritage features or functions. The report makes recommendations to mitigate any potential impacts during the site preparation, construction, and post construction periods. The Conditions of Draft Approval for the subdivision will include conditions that the developer will be required to implement the recommendations in the Environmental Impact Study. Land Use Compatibility Study — Humphries Planning Group Inc. 8.2 The Land Use Compatibility Study concluded that the proposed development is consistent with the Provincial Policy Statement, conforms to Growth Plan, the Durham Regional Official Plan and the Clarington Official Plan. Phase 1 and 2 Environmental Site Assessment — Pinchin November 2021 8.3 The Phase 1 Environmental Site Assessment (ESA) recommended that a Phase 2 ESA be undertaken. The Phase 2 assessed the soil and groundwater quality in relation to Municipality of Clarington Report PDS-023-23 Page 10 three areas of potential concern. Samples were collected from three bore holes, at 4.6 metres in depth below the ground surface and submitted for laboratory analysis. The samples met the applicable regulatory standards for a Phase 2. No further investigation was required. Functional Servicing and Storm Drainage Report — D.G Biddle & Associates November 2021 8.4 The site will be serviced with extension of storm sewers, sanitary sewers, water infrastructure situated at the current terminus of Nelson Street. A stormwater management pond was constructed with the first phase of development. This facility will also handle stormwater from this subsequent phase. Transportation Brief - GHD — June 2022 8.5 The proposed development will be accessed primarily from Liberty Street and Baseline Road via Hunt Street and Nelson Street. 8.6 The proposed development is expected to introduce a total of 19 new two-way trips to the adjacent road network during the a.m. peak hour consisting of 4 inbound and 15 outbound trips. During the p.m. peak hour, a total of 24 new two-way trips are introduced to the adjacent road network consisting of 14 inbound and 10 outbound trips. 8.7 The site traffic will increase on Albert Street, Nelson Street and Hunt Street with a maximum of one new vehicle trip introduced every 5 minutes during the weekday peak hours to the adjacent roads. 8.8 The expected increase in traffic volumes adjacent to the subject site is nominal and within the typical daily variation on local roads. The existing stop -controlled intersections are expecting to continue with no noticeable increases in delays or queuing during peak periods. 9. Department and Agency Comments 9.1 Department and Agency Comments are summarized in Attachment 2. 10. Discussion 10.1 The Bowmanville East Town Centre Secondary Plan is currently under review, which includes Special Study Area 3, to the north of the subject lands. The development of these lands is not dependant on the study being completed but the proposed draft plan does allow for integration options and flexibility with Special Study Area 3 and privately owned lands to the east. Municipality of Clarington Page 11 Report PDS-023-23 10.2 The draft plan shows two temporary cul-de-sacs, one at the terminus of Nelson Street and the other at end of the new public road. Nelson Street can be extended into Special Study Area 3, as a public road. The extension of Hunt Street north of Albert Street is not possible, as the lands are in various private ownerships. However, there is opportunity to eliminate the second cul-de-sac should a new public road be extended to the north, and to Durham Street. The developer will be required to make a contribution to a future walkway between Albert Street and Special Study Area 3 for a pedestrian connection, should the private lands be developed in the future. Residents Concerns 10.3 The proposed subdivision is an extension of the existing subdivision to the south which was built in 2004. The homes were subject to architectural design guidelines. The homes in the proposed development will also be subject to architectural design guidelines. 10.4 Transportation Brief demonstrated that the trips generated from the increase of 33 units will be nominal to the existing road infrastructure. The development in Special Study Area 3, will provide opportunities for road and pedestrian connections to the north and into downtown Bowmanville. 10.5 The Phase I and II Environmental Site Assessments demonstrated that the soil samples met the applicable regulatory standards for a Phase 2. No further investigation was required. The long term heavy industrial use of the Goodyear lands will require cleanup or mitigation of any contamination prior to redevelopment. Site remediation must comply with provincial standards appropriate to the types of uses proposed. 10.6 Prior to the redevelopment of the former Goodyear lands, a comprehensive redevelopment plan must be prepared and adopted by amendment to the Bowmanville East Town Centre Secondary Plan. Among other things, the redevelopment plan will consider the existing street grid network, a mix of residential, commercial, and park uses and high and mid -rise residential areas. The townhouses in the proposed draft plan will provide a transition between the existing neighbourhood and the proposed lands uses for the former Goodyear site. 10.7 The prior to development, the developer will be required to enter into a Subdivision Agreement with the municipality. This includes, among other things, submitting detail engineering drawings and reports. Issues such as grading, and drainage and construction traffic will be considered during the detailed review of the engineering submission. 10.8 The subject lands include natural heritage features identified in the Clarington Official Plan associated with the Bowmanville Creek Valley. The applicant has submitted an EIS and additional information to the Conservation Authority to demonstrate that there will be marginal impact to the natural heritage features and Bowmanville Creek. This Municipality of Clarington Report PDS-023-23 Page 12 has resulted in reduced lot depths along the west side of the site. The balance of the lands will be dedicated to the municipality as open space. 10.9 The subject site is designated for residential use in the Clarington Official Plan. The development of the site offers a transition from the existing neighbourhood and the future development of the former Goodyear lands, with respect to housing form and street/pedestrian connections. 11. Financial Considerations 11.1 The capital infrastructure required for this development will be built by the developer and assumed by the Municipality upon acceptance. 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. 11.2 Maintenance and minor repairs of the road infrastructure will be included in future operating budgets. 12. Concurrence 12.1 The report has been reviewed by the Deputy CAO/Treasurer who concurs with the recommendations. 13. Conclusion 13.1 Staff recommend that the zoning by-law amendment on Attachment 1, be passed with a (H) Holding Symbol, and that the (H) Holding Symbol be removed once all the Conditions of Draft Approval have been satisfied. Staff Contact: Nicole Zambri, Senior Planner, 905-623-3379 ext.2422 or nzambri clarington.net. Attachments: Attachment 1 — Zoning By-law Amendment Attachment 2 - Department and Agency Comments Interested Parties: List of Interested Parties available from Department. Attachment 1 PDS-023-23 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 2023- 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 ZBA2021-0007. Now Therefore the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" of By- law 84-63, as amended, is amended by adding Special Exception Zone 14.6.70 as follows: Notwithstanding 14.3 c.ii, c.iii, c.iv, e, the lands zoned R3- 70 on the schedules to this By-law shall only be used for a Street Townhouse Dwelling and Dual Frontage Street Townhouse Dwelling accordance with the following definition and zone regulations: a. Definition Dual Frontage Townhouse shall mean: A Street Townhouse Dwelling with frontage on two Public Streets. The lot line adjacent to a public street accessed by a driveway shall be deemed the front lot line. b. Yard Requirements (minimum) Interior Side Yard 1.2 metres ii. Exterior Side Yard 3.0 metres to the dwelling, 1.5 metres to an unenclosed porch. iii. Rear Yard 6.0 metres C. Lot Coverage (maximum) 52 percent Attachment 1 PDS-023-23 2. Schedule `3E' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "General Industrial Exception (M2-1)" to "Holding- Urban Residential Exception ((H) R2-33) Zone" "Holding — Urban Residential Type Two ((H)R2)" to "Holding - Urban Residential Exception ((H) R2-33) Zone"; "Holding — Urban Residential Type Two ((H)R2)" to " Holding -Urban Residential Exception ((H) R3-70) Zone"; "General Industrial Exception (M2-1)" to "Holding - Urban Residential Exception ((H) R3-70) 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. Passed in Open Council this day of 2023 Adrian Foster, Mayor June Gallagher, Municipal Clerk Attachment 1 PDS-023-23 This is Schedule "A" to By-law 2023- , passed this day of , 2023 A.D. O� Cg) 187 0 C-0 � � LO L, 2 183 a S— CO ASP 119 59 175 171 167 52 �� 1 g3 160 fig, p�3 _ Zoning Change From 'M2-1' To '(H)R3-70' _ _ Zoning Change From'M2-1' To'(H)R2-33' Zoning Change From '(H)R2' To'(H)R2-33' N W 0 Zoning Change From '(H)R2' To'(H)R3-70' E S Bowmanville • S-C-2021-0001 Schedule 03 Attachment 2 to Report PDS-023-23 Department/Agency Comments Summary of Comments Received Development ✓ Development Engineering Division has no objections, Engineering in principle, to the applications. The two proposed temporary cul-de-sacs meet the requirements for waste trucks and snowplows. The revised on -street parking plan is satisfactory. The applicant has addressed preliminary stormwater drainage and grading. Cash -in-lieu of parkland is required Building Division ✓ No comments were provided. Fire and Emergency ✓ No concerns were identified. Services Region of Durham ✓ The comments indicate that the proposed plan of (Planning, Works, & subdivision conforms to the policies of the Durham Transit, Police) Region Official Plan. The Phase I ESA report states that the scope of the investigation is tailored after the Canadian Standards Association's Phase 1 Standard Z768-01 and Ontario Regulation 153/04. The Region of Durham requires Phase One ESA reports to be Record of Site Condition (RSC) compliant using the more rigorous O. Reg. 153/04 standard. As a condition of approval of the Draft Plan of Subdivision, the proponent will be required to provide an RSC compliant Phase One ESA report. This requirement is in accordance with the Region's Site Contamination Protocol and Ontario Regulation 154/03, as amended. The site can be serviced with municipal water and sanitary sewer. Standard conditions of Draft Approval were provided. No immediate obstruction issue for the Region's NextGen radio system and associated microwave links were identified. Central Lake Ontario ✓ Comments indicated Environmental Impact Study and Conservation Authority Meander Belt Assessment were deemed satisfactory. Attachment 2 to Report PDS-023-23 Conditions of Draft Approval were provided. School Boards ✓ Kawartha Pine Ridge District School Board had no objection. Standard Conditions of Approval were provided. The Conseil scolaire Viamonde had no comment Elexicon No concerns were identified Enbridge ✓ No concerns were identified. Canada Post Corporation Canada Post has no objections for the proposed development. Standard Conditions of approval were provided. Bell Canada ✓ No concerns were identified. Standard conditions of approval were provided.