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HomeMy WebLinkAboutPSD-028-14 Claiftymn REPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 26, 2014 Resolution#: 1 By-law#:c / 1 Report#: PSD-028-14 File#: 18T-89059 (Redline Rev. 2) & ZBA 2014-0010 Subject: PROPOSED REDLINE REVISION TO PHASE 2 OF DRAFT APPROVED PLAN OF SUBDIVISION 18T-89059 AND RELATED REZONING APPLICANT: LINDVEST PROPERTIES (CLARINGTON) LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-028-14 be received; 2. THAT provided there are no significant concerns raised at this public meeting the application for Redline Revisions to Phase 2 of Draft Approved Plan of Subdivision 18T-89059 submitted by Lindvest Properties (Clarington) Limited (see Attachment 1 to Report PSD-028-14) be supported subject to conditions generally as contained in Attachment 2 to Report PSD-028-14; 3. THAT the application to amend Zoning By-law 84-63 by Lindvest Properties (Clarington) Limited to implement the above Redline Revisions to Phase 2 of Draft Approved Plan of Subdivision 18T-89059 be approved and that the Zoning By-law amendment contained in Attachment 3 to Report PSD-028-14 be passed; 4. THAT the Holding symbol be lifted by by-law at such time as the Owner has fulfilled the requirements of the Clarington Official Plan for removal of the Holding symbol and satisfied the appropriate Conditions of Draft Approval; 5. THAT the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-028-14 and Council's decision; and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-028-14 PAGE 2 6. THAT all interested parties listed in Report PSD-028-14 and any delegations be advised of Council's decision. Submitted by: � Reviewed by: vi J. C o MCIP, PP Franklin Wu it ctor, Plan ing Services Chief Administrative Officer BR/CP/av May 21, 2014 REPORT NO.: PSD-028-14 PAGE 3 1. APPLICATION DETAILS 1.1 Owner/Applicant: Lindvest Properties (Clarington) Limited 1.2 Proposal: To amend by re-lotting, Phase 2 of Draft Approved Plan of Subdivision 18T-89059 known as Foster Creek North, and to rezone the lands to permit a net increase of 5 lots (138 in total) comprising 36 10m lots, 45 12m lots and 57 15m lots 1.3 Phase 2 Area: 14.13 hectares (34.92 acres) 1.4 Location: West of Foster Creek, North of King Avenue West/Given Road, generally east of Pedwell Street, and generally south of Grady Drive 2. BACKGROUND 2.1 On March 26, 2014, Lindvest Properties (Clarington) Limited submitted applications for Redline Revision to Phase 2 of Draft Approved Subdivision Plan 18T-89059 and amendment of Zoning By-law 84-63. 2.2 The proposal, for re-lotting with implementing minor rezoning is being done to better reflect the market, broaden the range of single detached housing units, and generate a more consistent lot fabric. The proposal does not affect the 64 medium density units that are also in Phase 2. (See Figure 1) 2.3 A Planning Justification Report and related Addendum, a Stormwater Management Analysis and an On-street Parking Plan were submitted in support of the proposed revising. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The western portion of the land is flat and vacant. The eastern and northeastern portions of the land are in the Foster Creek Valley which will be dedicated as open space. 3.2 The surrounding uses are as follows: North - In the west portion Phase 3 of the same plan of subdivision, and in the east portion the Canadian Pacific Railway South - Given Road, King Avenue West and properties fronting on the north side of these roads East - Properties fronting on the west side of Remi Court and North Street West - Registered and mostly built Phases 1 and 1B of the same plan of subdivision REPORT NO.: PSD-028-14 PAGE 4 Figure 1: Site Location /V W � Z 71 Phase 2 Lands co Phase 2 Lands Subject To Rezoning W ry MON DY DRIVE SRADY D W -,T LU N "'C'. KINE DRIVE 0 ------ 10 UJ 0 w 0 C� U) THOM ALI NF W AS w GEOI W J J1 1 CW CL DD AVENUE 0 Z - Z— WIl O U) —E-7 Q w -T d ---75- I J -8 N- KING AVENUE WEST KING AVENUE WEST KI Tl- '-11-T---J T-T-11-1-Ir------- SBA 20140010 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The proposed re-lotting and the consequent addition of 5 more residential units to Phase 2 of said plan provides an increase in density thereby providing a more efficient use of land and services while generating a housing supply that is a little more affordable and mixed. The applications conform. REPORT NO.: PSD-028-14 PAGE 5 4.2 Provincial Growth Plan The proposed re-lotting and the consequent addition of 5 more residential units to Phase 2 of said plan broadens the range of single detached housing. The dedication of the eastern and northeastern portions of the Phase 2 lands which are in the Foster Creek Valley, as open space, will continue to facilitate protection of the immediate environment. The applications conform. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the Phase 2 lands as "Living Areas" and "Major Open Space Areas". The re-lotting and addition of the 5 residential units extends the range of housing a little and in a cost effective and efficient manner. With no change to the Major Open Space portion of Phase 2 (Foster Creek Valleylands) the phase remains consistent with natural heritage policies. The applications conform. 5.2 Clarington Official Plan The Clarington Official Plan designates the Phase 2 lands as "Urban Residential" with a "Medium Density Residential" symbol, and Environmental Protection Area. The re-lotting and the consequent addition of the 5 residential units continues the permitted residential uses. The low density housing units total number target for the Foster Neighbourhood is not exceeded. 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands Holding-Urban Residential Type One ((H)R1), Holding-Urban Residential Exception ((H)R1-3), Holding-Urban Residential Exception ((H)R1-67), Holding-Urban Residential Exception ((H)R2- 44), Holding-Urban Residential Exception ((H)R2-45), Holding-Urban Residential Type Three ((H)R3) and Environmental Protection (EP). The re-lotting impacts a total of 69 lots, hence the rezoning application. 7. SUMMARY OF BACKGROUND STUDIES 7.1 The Planning Justification Report by Lindvest Properties and the related addendum, demonstrated proposal conformity to the Provincial Policy Statement 2014, the Durham Regional Official Plan and the Clarington Official Plan, as noted in Sections 4 and 5 of Report PSD-028-14. The above report also described the Minor Zoning By-law amendment as noted in Section 6 of Report PSD-028-14, and the Minor Redlined Revisions to the Draft Plan of Subdivision, discussed in Section 11 of Report PSD-028-14. Summaries were also given for Servicing and Stormwater Management; and the On-street Parking Plan. REPORT NO.: PSD-028-14 PAGE 6 7.2 The Stormwater Management Analysis by D.G. Biddle, for the re-lotted plan noted the minimal increase in 15m lots (+1), the reduction in 12m lots (-27), and the increase in 10m lots (+31). Such adjustment represents an overall decrease in lot sizes and building envelopes, actually leading to a slight decrease (-1.6%) in imperviousness, confirming no impact to the storm sewer system or the stormwater management pond. 7.3 The On-street Parking Plan by D.G. Biddle, demonstrated that 77 acceptable on- street parking spaces were within the Phase 2 limits providing 67% more than the requirement of 1 space per 3 single detached units or 46 spaces. 8. PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject property and three public meeting notice signs were installed on site at least 27 days prior to this public meeting. 8.2 As of the writing of the report three inquiries were received. i) One resident inquired about the revisions to the lotting; the timing of the Pedwell Street extension south to King Avenue West; the timing of Phase 2; the timing of the wood privacy fence for the existing homes on Given Road; and what would happen to the lands west of the Fosterbrook facility. ii) Another resident also inquired about the revisions to the lotting and the possibility of a severance from the Phase 2 lands. iii) A third resident inquired about the construction of Grady Drive across the Foster Creek Valley. 9. AGENCY COMMENTS 9.1 Veridian Connections made some standard comments that will be addressed in the final approval process and the subdivision agreement. These comments were forwarded to the Owner/Applicant. 9.2 Regional Works Comments state no concerns with the proposed re-lotting. 10. DEPARTMENTAL COMMENTS 10.1 Emergency and Fire Services There were no fire safety concerns. 10.2 Engineering Services 10.2.1 The Clarington Building Division had no concerns. REPORT NO.: PSD-028-14 PAGE 7 10.2.2 The Clarington Engineering/Parks Division viewed the changes as minor and had no objection. It was noted that Block 140R must be conveyed to the adjacent owner to the east and cannot be retained by the subdivision owner. 10.3 Operations Clarington Operations Department had standard comments that will be addressed in the final approval process and the subdivision agreement. 11. DISCUSSION 11.1 The revisions are considered consistent with policy directions of the Clarington Official Plan and the general framework of the approved Neighbourhood Design Plan. Roads, walkways and servicing layouts have not been changed. The proposal for re-lotting is a tweaking of a portion of an already draft approved plan of subdivision, necessarily accompanied by an implementing zoning by-law amendment. Neighbourhood Design Plans are detailed guides rather than prescriptive policy. There is no need for an amendment to the neighbourhood design plan to implement the redline revisions to Phase 2 of the draft approved plan of subdivision. 11.2 Neither agencies and departments nor residents raised objections to the proposed revisions. The comment by Engineering Services that Block 140R must be conveyed to the adjacent owner to the east has been addressed by an added condition (new Condition 9) found in Attachment 2 to Report PSD-028- 14. There are no outstanding issues that cannot be resolved during detailed design leading to final approval and registration of this second phase of the plan of subdivision, and therefore it is recommended for approval of amendment to draft approval and rezoning. 11.3 The Conditions of Draft Approval were reviewed and amended as required. 11.4 As of the preparation of the report Finance Department advises there are no taxes owing on any of the properties in the subject lands. 12. CONCLUSION 12.1 The purpose of this report is two-fold. It is to provide background information on the proposal submitted by Lindvest Properties (Clarington) Limited for the Public Meeting under the Planning Act. Secondly, in consideration of the comments received from the circulated agencies, and the relatively minor nature of the proposed revisions, staff supports the redline revisions to draft approval of the plan of subdivision as contained in Attachment 1, subject to the Conditions of Draft Approval generally as contained in Attachment 2, and the Zoning By-law amendment as contained in Attachment 3 implementing the proposed revisions to the draft approved plan of subdivision. REPORT NO.: PSD-028-14 PAGE 8 CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Bob Russell, Planner II Attachments: Attachment 1 - Redline Revised Draft Plan of Subdivision Attachment 2 - Revised Conditions of Draft Approval Attachment 3 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Toula Nessinis, Director of Land Development, Lindvest Properties (Clarington) Limited Region of Durham Planning and Economic Development Department Municipal Property Assessment Corporation Dave Rickard Margaret Maskell David Metcalfe Attachment 1 To Report PSD-028-14 IL \J ! 6 I I m N""a n,s a s• •, I x,I 1 \= E LAE OF NWCA MY STLE „ M.T.s PROPOSED R�z FED LFIE rEMoq TO D RAFT APPROVED PLANS OF su®neDN 18T-89059 & SC2000/001 FOR w i O a.� w a �•, \ T',l� � PART OF LOTS 29&30,CONC.2 yi '•/ , y,T S� -i _ MUNICIPALITY OF CLARINGTON REGIONAL MUNICPALITY OF DURHAM RELEVANT INFORMATION _.1 a• \ST EE .1.� �,\Vs AZT \ I / /^� i°„�m �l 1.,. 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Biddle & Associates Limited DRAWN D.P. 113090 consulting engineers and planners DES DWG IGN . :66 KING STREET FAST • OSHAWA,ON • L1 H 1 RE5 PHONr (905)576 —B500 • FAX (90H)576-9730 CHECKED R.G.A. FIGURE 7 info CgDdgbicd.c.com DATE MARC1- 2014 ATTACHMENT 2 TO REPORT PSD-028-14 AMENDMENT TO CONDITIONS OF DRAFT APPROVAL FILE NO.: 18T-89059 (FOSTER NORTH) DATE: MAY 26, 2014 The Conditions of Draft Approval for 18T-89059 as issued on October 16, 2006 are hereby amended as follows: 1. Condition 2 be deleted and replaced as follows: "The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T-89059, prepared by Tunney Planning Inc. identified as project number TUN 562-1, and drawing number DP-4, dated September 2006 as further redlined revised and dated March 2014, which illustrates 585 single detached dwelling units, two medium density blocks for a total of 85 units, a park block, a school block, open space blocks, road widening and 0.3 m reserves." 2. After Condition 2, add the heading REDLINED REVISIONS TO DRAFT APPROVED PLAN OF SUBDIVISION and subsequent paragraph: "i. References to File Number S-C-2000-001 be deleted from the redlined revised Draft Approved Plan of Subdivision". 3. The following new condition be inserted as the new Condition 9 and the subsequent conditions re-numbered accordingly. "9. Block 140R is to be deeded to the,owner of the lot to the east at no cost to the Municipality of Clarington or the owner of the lot to the east, and the lot to the east is identified by Property Tax Assessment Roll Number 18-17-030-130-15202, and known municipally as 102 Given Road." 4. Condition 13, now re-numbered Condition 14 be amended by inserting the following words: After the words "land uses shown on the" insert the words "March 2014 redlined revised". 5. The following new conditions be inserted as the new Conditions 22, 23, 24 and 25 and the subsequent conditions re-numbered accordingly. "22. The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning Services. The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning Services. The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning Services which includes all warning clauses/notices prior to any residential units being offered for sale to the public. 23. Prior to final registration of any phase, the Owner shall provide a Soils Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide information respecting any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the Lands. The Owner shall comply with all aspects of the approved Soils Management Plan. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage. 24. Draft plan approval does not give the Owner permission to place or dump fill or remove fill from, or alter the grade of any portion of the lands within the draft plan. The Owner shall be required to obtain a permit from the Municipality under Site Alteration By-law 2008-114, as amended, for any such work. If any portion of the lands are within an area regulated by a conservation authority, the Owner shall obtain a permit from the conservation authority in addition to obtaining approval from the Director of Engineering Services regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, dust control and road damage. After registration of a subdivision agreement, the provisions of the Municipality's standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. 25. Block numbers in the title block and in the draft approved redline revised plan of subdivision must be consistent." 6. Condition 79, now re-numbered Condition 84, be deleted in its entirety and replaced with the following: "84. The Owner shall agree in the Municipality of Clarington Subdivision Agreement, to the update of, and subsequent implementation of, the recommendations of the report, entitled "Noise Impact Study Foster Creek North", prepared by HGC Engineering, dated April 29, 2008, which specifies noise attenuation measures for the development. The measures shall be included in the subdivision agreement and must also contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study." 7. A new Note be added to the Notes to Draft Approval at the end of said Notes and numbered 6. "6. Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality's standard subdivision agreement." Attachment 3 To Report PSD-028-14 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2014- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 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 2014-0010; 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: "Holding — Urban Residential Exception ((H)R1-67)" Zone to "Holding — Urban Residential Exception ((H)R2-44)"Zone; "Holding — Urban Residential Exception ((H)R1-67)" Zone to "Holding — Urban Residential Exception ((H)R2-45)"Zone; "Holding — Urban Residential Exception ((H)R2-44)" Zone to "Holding — Urban Residential Exception ((H)R1-67)"Zone; "Holding — Urban Residential Exception ((H)R2-44)" Zone to "Holding — Urban Residential Exception ((H)R2-45)"Zone; "Holding — Urban Residential Exception ((H)R2-45)" Zone to "Holding — Urban Residential Exception ((H)R1-67)"Zone; and "Holding — Urban Residential Exception ((H)R2-45)" Zone to "Holding — Urban Residential Exception ((H)R2-44)"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 2014. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2014- , passed this day of , 2014 A.D. > aJ J y> Subject Site y > JJa >Ja> a>' ITsm O � mro�w.vevem axaavvvenEer s iii;>jJ�'y>a»'>3J a>,a»ya 3Ja>>a�a7j W W oiJ�>jja> ,J�a>>a�y>a)•r�JJ>y,a»y>aJ>> GRAD' X. _z .•.'.'.''.'..:: 5i.:�:� >,��)> a>a JJ-r > y''aJ a JJa;,a>') a>3Ja � o>o»a',J��, a�y»>>JJJ a>»y>,J•�a JJa ,aa _— ,»'Ja>>>>.>i��✓J>> a>a��>>a»a,J,�,�3�>>>a»a,a,�>JJ) ceeBoB000Bo i•i•iysa�JJya,oa)J,J>>� JJa J,»a.J,)J,JJJ Jai>a'aJ>>>JaJ>ao a as y»aJJa a »J a y> pJ a a W jPI"�a>>JI W CO i"' �:t "_`•,r i>a��JjJ>a�33,y3:) 'a�j3a>> _,_,�-- LiJ UJ � a�J J N Newcastle GIVEN ROAD r1�T'1. ZBA 2014.0010 SCHEDULES KING AVENUE WEST __?__ Zoning Change From"(H)R1-67"To"(H)R2-44" Zoning To Remain"(H)R1-3" Zoning Change From"(H)R1-67"To"(H)R2-45' Zoning To Remain"(H)R1-67" a��ssaue Zoning Change From"(H)R2-44"To"(H)R1-67" Zoning To Remain"(H)R2-44" ® Zoning Change From"(H)R2-44"To"(H)R2-45" Zoning To Remain"(H)R2-45 Adrian Foster,Mayor Zoning Change From"(H)R2-45 To"(H)R1-67" ® Zoning To Remain"(H)R3" Zoning Change From"(H)R2-45"To"(H)R2-44" >jJ>a Zoning To Remain"EP" ® Zoning To Remain"(H)R1" Anne Greentree,Deputy Clerk