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HomeMy WebLinkAboutPDS-022-23Clarftwn 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: Special Planning and Development Committee Date of Meeting: April 24, 2023 Report Number: PDS-022-23 Submitted By: Reviewed By: File Number: Report Subject: Carlos Salazar, Director of Planning and Infrastructure Services Mary -Anne Dempster, CAO ZBA2021-0009 Resolution#: PD-040-23 By-law Number: (x.ref S-C-2009-0001 and S-C-2021-0002) Zoning By-law Amendment application for 14 Single Detached Dwellings in the Hancock Neighbourhood, Courtice Recommendations: 1. That Report PDS-022-23 and any related communication items, be received; 2. That the Zoning By-law Amendment application submitted by Headgate Developments Inc. for 14 single detached dwellings on Blocks 6 and 7, Plan 40M2726 be approved and the By-law in Attachment 1 to Report PDS-022-23 be passed; 3. That the Region of Durham Planning and Economic Development and Municipal Property Assessment Corporation be forwarded a copy of Report PDS 022-023 and Council's decision; and 4. That all interested parties listed in Report PDS-022-23 and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-022-23 Report Overview Page 2 This report recommends approval of a portion of a proposed Zoning By-law Amendment submitted by Headgate Developments Inc. to permit 14 single detached dwellings on a new public road. The subject lands are within the Hancock Neighbourhood, in Courtice and have been approved as Block within Plan of Subdivision 40M2726 (S-C-2009-0001). 1. Application Details 1.1 Owner/Applicant: 1.2 Agent: 1.3 Proposal: 1.4 Area: 1.5 Location: in,e 1.7 Within Built Boundary 2. Background Headgate Developments Inc. Scott Waterhouse, GHD Limited Zoning By-law Amendment To rezone the subject lands from "Agricultural (A)" and "Environmental Protection (EP)" to appropriate zones that would permit 14 single detached dwelling units. 1.14 Hectares Blocks 6 and 7, Plan 40M2726, west of Duval Street between Broome Avenue and Tabb Avenue, Courtice (See Figure 1) `E:1IK11IDIC0I17tellIW3M. ITS EiE: IK81Itell] tiI871tell M07 2.1 The subject lands were draft approved as two future development blocks in 2014 under application S-C-2009-0001 and subsequently registered in 2022 within Plan 40M 2726 (see Figure 1). The zoning for the Future Development Blocks in 401VI- 2726 remained as they were prior to the 2014 approval as "Agricultural (A)" and "Environmental Protection (EP)". The zoning remained for two main reasons: • due to the location of an auto wrecker in close proximity at 3090 Hancock Road. The auto wrecker operation has since been removed. • inadequate road frontage. Block 7 relied on approval of Draft Plan of Subdivision SC-2018-0003 to provide the street the lots will front on. That subdivision was approved in December 2022. Municipality of Clarington Report PDS-022-23 Page 3 130 129 126 I 2 121 118 40M Plan Boundary N 110 109 0 Block 6 Lands Subject to Rezoning 106 105 0 Block 7 Lands Subject to Rezoning 102 101 97 3142 94 93 90 89 3136 86 85 3124 82 G 78 74 } Q N cn O vt co N n � 3112 70 BROOME AV 66 } — r` T-10 N 43 62 58 39 35 3090 V U 5 = 55 31 50 51 26 J 27 Z 47 99 Q 23 Q 46 > 19 2 42 43 14 15 38 39 10 11 7 3056 34 33mo�CD 6 N 1 TABB AV 3044 r 18 19 3032 14 15 10 11 I g 7 3010 CD_ 01 00 N04 cO 00 OD ONp N 0 N CI) co co aD a0 r 22 NASH RD COr 00 LO 2936 M M Figure 1: Subject Lands 2.2 The subject lands will consist of 14 lots. Since the lands are within Blocks in a registered Plan of Subdivision, the lots can be created through an application for exemption to Part Lot Control. Municipality of Clarington Report PDS-022-23 Page 4 2.3 The subject lands are located within the Hancock Neighbourhood Design Plan approved in 1998 and amended in April 2013 (see Figure 2). The Neighbourhood Plan is intended to guide development for the area. The exact lotting pattern and street layouts is determined at the application stage once the required studies have been submitted to support of the subdivision application. Approvals of Plan of Subdivision S-C-2018-0003 included a reconfiguration in the street pattern which provides a street adjacent to the entire frontage of Block 7 (see Figure 3). filw 1111111 Ws MEE /010/6519 E- dBosom Sim Z- WO IM ®I �oINNOM �II�Ie�rta1e11eeeee !?selee �G � �\umiiw+iunmmnin� _ WI � esaeai e� . p_ C=_ w t, �LoiGliO Inlu!elllelles�����►�A NO o Figure 2- Approved Hancock Neighbourhood Design Plan Municipality of Clarington Page 5 Report PDS-022-23 2.4 Since the Hancock Neighbourhood Plan was updated in 2013, there have been several developments approved in the Hancock Neighbourhood. (Figure 3). Ebg .ei�'iT, i. ,f EAR\ 3 •Ya,� `. tF n + George Reynolds D 71 12 Single Detached Units ti Approved 2016 19 Single Detached Units Approved 2014 w �:A Proposed Drag SC 2021-0002 sue" -a wood 1"1'1 t , ash SC 2018 - 0004 ZBA 2021 - 0024 a, _\ S 12 Single Detached Units Approved 2015 C M n SC 2018-0003 138 Units Approved 2022 ;; •' CO v I&A, T n Single Detached Dwelling !! Semi -Detached Dwelling Medium Density Block w—� Roads Figure 3: Subject lands and surrounding development applications and approvals in the Hancock Neighbourhood since 2013 Municipality of Clarington Page 6 Report PDS-022-23 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are generally located on the north side of Nash Road between Harry Gay Drive to the west and Duval Street to the east (Figure 4). The lands are currently vacant. 3.2 The surrounding uses are as follows: North - Single detached dwellings, Draft Approved Subdivision (Phase 2, S-C 2009- 0001) and environmentally protected lands. South - Lands subject to a proposed Draft Plan of Subdivision (S-C 2021-0002) for 6 single detached dwelling units and a townhouse block fronting onto Nash Road East - Single detached dwellings, Draft Approved Plan of Subdivision (S-C 2018- 0003) for 138 units. West - Single detached dwellings 4. Provincial Policy Provincial Policy Statement (PPS) 4.1 The Provincial Policy Statement encourages planning authorities to create healthy, livable, and safe communities by accommodating an appropriate range and mix of housing types and development patterns, while making efficient use of land and infrastructure. Opportunities for redevelopment and intensification are to be promoted where it can be accommodated. 4.2 The subject application complies with the PPS. Provincial Growth Plan 4.3 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Courtice Urban Area. The subject lands are within the Greenfield Area identified by the Growth Plan. The subject application complies with the Growth Plan. Official Plans Durham Region Official Plan 4.4 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. Municipality of Clarington Page 7 Report PDS-022-23 4.5 The subject application complies with the Durham Region Official Plan. Clarington Official Plan 4.6 The Clarington Official Plan designates the subject lands Urban Residential. The Urban Residential designation is predominately intended for housing purposes. 4.7 Consistent with higher levels of government planning documents, the Clarington Official Plan supports opportunities for intensification within the existing neighbourhoods, while having regard for established residential areas. 4.8 Permitted uses include limited apartments, townhouses, single and semi-detached units. Hancock Neighbourhood Design Plan 4.9 Within the Hancock Neighbourhood Design Plan the subject lands are identified for single detached dwellings. The plan also indicates the extension of Broome Avenue and Tabb Avenue east through the subject lands. Some of the proposed dwellings will front onto a future road in the adjacent draft approved plan (S-C-2018-0003). 5 Zoning By-law 5.1 Zoning By-law 84-63 zones the subject lands, "Agricultural (A)" and "Environmental Protection (EP)". A Zoning By-law Amendment is required to permit the proposed 14 single detached dwelling units. 6 Summary of Background Studies 6.1 The applicant has submitted several studies. The majority are applicable to application for Draft Plan of Subdivision S-C-2021-0002 submitted along with this Zoning By-law amendment application. Staff are confident existing issues can be dealt with through the subdivision process. The studies will be addressed in a subsequent report pertaining to the Draft Plan of Subdivision and the balance of this application. There is discussion included on the proposed zoning in the Planning Justification Report that will be discussed in Section 9. 7 Public Notice and Submissions 7.1 The Public Meeting for the related Plan of Subdivision SC-2009-001 was held on January 10, 2011. The comments were taken into consideration in PSD-019-14 and in the Subdivision Agreement for 40M 2726. 7.2 The Public Meeting for ZBA2021-0009 was held on April 25, 2022. Public notice was mailed to each landowner within 120 metres of the subject lands and signage was posted on the subject property. Municipality of Clarington Page 8 Report PDS-022-23 7.3 A letter was sent to all interested parties advising them the recommendation was scheduled with details as to how they could register as a delegation. 7.4 Two residents spoke at the public meeting on April 25, 2022. Correspondence was received from five other residents and a petition was submitted. Two submissions were received from neighbouring developers. 7.5 Submissions received via email and at the Public Meeting on April 25, 2022, expressed concern with the following: • lack of greenspace and parkland protection of environmental features • consistency with the neighbourhood and concerns with proposed townhouses on the lands subject to S-C-2021-0002 These concerns will be discussed in a subsequent report dealing with that proposal. They cannot be applied to Blocks 6 and 7, which have already been assessed and granted development rights through the approval of S-C-2009-0001. 8 Agency and Department Comments 8.1 The Region of Durham, Central Lake Ontario Conservation Authority and the Kawartha Pine Ridge District School Board provided comments when the lands were granted approval for the Plan of Subdivision (refer to PSD-019-14). Their comments and conditions were taken into consideration in the Subdivision Agreement for 40M-2726. 8.2 Circulated departments and agencies did not provide objections to the proposed Zoning By-law Amendment for Blocks 6 and 7 on 40M-2726. Comments received focused on the proposed Draft Plan of Subdivision S-C-2022-0012. That proposal and the balance of the Zoning By-law amendment application pertaining to those lands will be addressed in a subsequent report. 9 Discussion 9.1 The subject lands are within the Hancock Neighbourhood in Courtice. The approved Hancock Neighbourhood Plan was designed through community consultation to balance the requirements of the Provincial Policy Statement, Provincial Growth Plan, Durham Region Official Plan requirements and recognize the existing natural heritage features in the area. Municipality of Clarington Page 9 Report PDS-022-23 9.2 Zoning for Blocks 6 and 7 on 40M-2726 was not applied when the plan of subdivision was approved in 2014. This was due to the lack of frontage onto a public road and proximity to an auto wrecker. The auto wrecker has been removed and is now part of a Draft Approved Plan of Subdivision S-C-2018-0003. Creation of the lots can proceed through a subsequent Part Lot Control application to the satisfaction of the Director of Planning and Infrastructure. 9.3 The use of the blocks were originally contemplated for seven lots and three part lots for 10 single detached units. The applicant submitted technical reports in support of the applications, including an Environmental Impact Study. The residents' comments received at the Public Meeting in 2011, and the Agency and Department comments were taken into consideration through PSD-019-14. A Subdivision Agreement has been executed, and the terms and conditions are also binding on these blocks. Cash in Lieu of Parkland 9.4 The development of Blocks 6 and 7 are dependant on a new road in the adjacent subdivision. Since the number of lots have increased, Staff will include a requirement for additional cash in lieu of parkland contributions through and amendment to subdivision agreement 40M-2726. Cost Sharing 9.5 The applicant will be required to enter into a Cost Sharing arrangement for the installation of services, utilities and roads, with the adjacent landowner. A (H) Holding Symbol will be placed on the Blocks until access is available through the construction of the Street on plan of subdivision S-C-2018-0003. Holding Symbol 9.6 The Holding Symbol shall only be removed once the following conditions have been fulfilled: All obligations in the amending registered Subdivision Agreement have been met; and 2. Headgate Developments Inc. provides Staff with an executed Cost Sharing Agreement with the landowner to the east (S-C 2018-0003) for the construction of services, utilities and roads. 9.7 Once the (H) Holding Symbol is removed, house construction can begin, and the applicant may apply for exemption to Part Lot Control. The passing and registration of the Part Lot Control By-law will create 14 lots for single detached dwellings. Municipality of Clarington Report PDS-022-23 10 Financial Considerations Page 10 10.1 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. Maintenance and minor repairs of the road infrastructure will be included in future operating budgets. 11 Concurrence 11.1 This report has been reviewed by the Deputy CAO/Treasurer who concur with the recommendations. 12 Conclusion 12.1 In consideration of all agencies, staff and public comments, it is respectfully recommended that the application for the Zoning By-law Amendment, as submitted by Headgate Development Inc. be supported and approved subject to the Draft Zoning By- law Amendment contained in Attachment 1. Staff Contact: Tracey Webster, Principal Planner, 905-623-3379 x2415, or twebster cc .clarington.net. Attachments: Attachment 1 — Draft Zoning By-law Interested Parties: List of Interested Parties available from Planning and Infrastructure Services. Attachment 1 to PDS-022-23 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 Number 2023-xxx 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 ZBA2021-0009; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" and "Environmental Protection (EP) Zone" to "Holding - Urban Residential Exception ((H)R2-49)", "Holding - Urban Residential Exception ((H)R2-58)" and "Holding - Urban Residential Exception ((H)R2-66)" 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 Section 36 of the Planning Act. Passed in Open Council this day of .2023 Adrian Foster, Mayor June Gallagher, Municipal Clerk This is Schedule "A" to By-law 2023- , passed this day of , 2023 A.D. BROOMEAVENUE ❑ 0 j F w o Y U O a a � z z cD a > >_ � ❑I a TABB AVENUE JIIT NASH ROAD fJ 0 Zoning Change From'A' To'(H)R2-49' 0 Zoning Change From'A' To'(H)R2-58' ® Zoning Change From 'A' To'(H)R2-66' 0 Zoning Change From'EP' To'(H)R2-58' Zonng Change From'EP' To'(H)R2-49' N Courtice • ZBA2021-0009 • Schedule