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HomeMy WebLinkAboutPDS-035-21Clarington 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: June 7, 2021 Report Number: PDS-035-21 Submitted By: Ryan Windle, Director of Planning and Development Services File Number: ZBA2021-0006 Resolution#: PD-187-21 By-law #: 2021-056 Report Subject: An Application by Farsight Investments Limited to rezone the subject lands to implement a Draft Approved Plan of Subdivision at the West side of Lambs Road, north of Durham Highway No. 2 and south of Concession Street, Bowmanville Recommendations: 1. That Report PDS-035-21 be received; 2. That provided there are no substantial objections from the public, the proposed application for rezoning be approved and that the Zoning By-law contained in Attachment 1 to Report PDS-035-21 be passed at the June 14, 2021 Council meeting; 3. That once all conditions contained in the 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; 4. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS- 035-21 and Council's decision; and 5. That all interested parties listed in Report PDS-035-21 and any delegations be advised of Council's decision. Municipality of Clarington Page 2 Report PDS-035-21 Report Overview This report recommends approval of an application for rezoning to adjust the zoning of various lots within a draft approved plan of subdivision to correctly align with the lot pattern in the Draft Approved Plan. 1. Application Details 1.1 Owner/Applicant: Farsight Investment Limited 1.2 Agent: GHD 1.3 Proposal: Rezoning to implement Approved Draft Plan of Subdivision 1.4 Area: 23.11 ha 1.5 Location: West side of Lambs Rd. north of Durham Highway No. 2 and south of Concession Street. See Figure 1. 1.6 Roll Number: 18-17-010-010-08200 1.7 Within Built Boundary: Yes Municipality of Clarington Page 3 Report PDS-035-21 ail- SIGN RTRE Other Lands Owned By Savannah Land Corp Z Y 4v 4 � L I Open Space I Kr- r- -- CONCESSION STREET EAST ■ .�111111111111111'�� 9 1111111M 14 !II 11111111111I SWM Pond 0.64 ha owned by Savannah Lands Corp to be added to draft approved plan SC 2005-002 Open Space e ZBA 2018-0009 LLi - �f� SC 2D05-002 , Single Detached Dwellings Limits of Draft Approved �J Plan SC 2005-002 1. Street Townhouses Medium Townhouse Block Retained By Owner Figure 1 — Lands Subject to September 2018 approval Municipality of Clarington Report PDS-035-21 2. Background Page 4 2.1 Draft approval for this Plan of Subdivision was originally issued in 2010. On September 17, 2018, Council considered and approved applications for amendment to a Draft Approved plan of subdivision and zoning by-law amendment by Farsight Investments Limited and Savannah Land Corporation for the lands shown in Figure 1. At the time the proposal was adding land from the Bowmanville Zoo, owned by Savannah Land Corporation, to the limits of the previously draft approved plan, owned by Farsight Investments Limited. Those lands are outlined in red on Figure 1. 2.2 Farsight Investments have been working towards fulfilling the obligations related to the conditions of draft approval. In working towards this it became apparent that the zoning by-law approved for the subject lands did not properly implement the lot pattern as contained in the Draft Approved Plan of Subdivision for 26 lots. As a result, an application to amend the zoning by-law was submitted on April 9, 2021. The application for zoning by-law amendment does not propose to change the number of units draft approved, or any of the lot frontage, lot area or other zone requirements for the various zones approved in 2018. See Figure 2. 3. Land Characteristics and Surrounding Uses 3.1 The lands subject to rezoning application have been graded and some trees removed in anticipation of site servicing. 3.2 The surrounding uses are as follows: North - Concession Road 3 and future residential lands as part of Lamb's Road School Development (Jury Lands); South - Rural residential lots, a used car dealership, and a veterinary clinic; East - Rural Residential, cultivated fields and horticultural operation; and West — Open Space associated with Soper Creek, a residence and accessory building related to the former Bowmanville Zoo and a trailer park. 4. Provincial Policy Statement 4.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. Planning authorities are encouraged 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. Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. The subject applications are consistent with the Provincial Policy Statement. Municipality of Clarington Report PDS-035-21 Provincial Growth Plan Page 5 4.2 The subject lands are within the defined Built Boundary. Population and employment growth will 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. The development of complete communities is encouraged by promoting a diverse mixof land uses, a mix of employment and housing types, high quality public open space and easy access to local stores and services. New transit -supportive and pedestrian -friendly developments will be concentrated along existing and future transit routes. The Growth Plan establishes minimum targets for residential development occurring annuallywithin each upper tier municipality to be within the built up area. The subject applications are consistent with the Growth Plan. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the lands as Living Areas. Lands designated 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 Durham Region Official Plan. Clarington Official Plan 5.2 The Clarington Official Plan designates the lands as Urban Residential and Environmental Protection Area. The Urban Residential designation shall predominantly be used for housing purposes, providing for a variety of densities, tenure and types. Neighbourhoods are to be walkable, compact, connected and create a high quality public realm. The lands associated with the Soper Creek valleylands are designated Environmental Protection. The Natural Environment policies require a minimum 15 metres setback from natural heritage features including watercourses and valleyland. 5.3 The lands adjacent to Lambs Road frontage and Concession Street frontage are identified as a Local Corridor which are to have a variety of medium density development. A medium density block is located at the north and south ends of the draft plan of subdivision. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands as various urban residential zones for single detached dwellings, street townhouses and block townhouses and Environmental Protection for the open space lands. An application for rezoning has been submitted. The zones contained in the zoning by-law that was approved in 2018 unfortunately does not align with the lot pattern of the Draft Approved Plan of Subdivision. The subject rezoning application is intended to amend the zoning to reflect the lot pattern, including lot size and lot frontage of the Draft Approved Plan of Subdivision. As seen in Figure 2. Municipality of Clarington Report PDS-035-21 7. Public Notice and Submissions Page 6 7.1 In accordance with the provisions of the Planning Act, public notice was mailed to all landowners within 120 of the subject property, in addition a sign was posted on the Lambs Road, Highway 2 and Concession Street frontages of the subject property. 7.2 As of the writing of this report, staff have not received any enquiries with respect to the proposed zoning by-law amendment. Figure 2 — Draft Approved Plan with lands subject to rezoning shaded in grey Municipality of Clarington Report PDS-035-21 8. Agency Comments Regional Municipality of Durham Page 7 8.1 The Region of Durham was circulated the application for information only. Development rights were established through the Plan of Subdivision that was previously Draft Approved subject to conditions. The rezoning is only intended to implement prior approvals and not change the lotting. As a result, the Region was not asked to provide any comments on the rezoning. 9. Departmental Comments Public Works Department 9.1 Similarly the application was circulated to Public Works for their information only. The applicant's agents have been dealing directly with Public Works staff to satisfy the conditions of Draft Approval previously issued. 10. Staff Comments 10.1 The proposed rezoning addresses some technical errors in the zoning by-law amendment approved in 2018. No new lands have been added into the original approved subdivision. The road pattern and unit count remains the same, as the approved draft plan. The proposed rezoning acknowledges a technical error which is shown in grey on Figure 2 to this report. 11. Conclusion 11.1 In consideration of the nature of the application, and previous approvals, provided there are no substantial objections received at the Public Meeting, it is respectfully recommended that the applications for Zoning By-law Amendment be approved and the zoning by-law as contained in Attachment 1 be adopted. Staff Contact: Cynthia Strike, Manager of Development Review, 905-623-3379 extension 2410 or cstrike@clarington.net. Attachments: Attachment 1 — Zoning by-law Amendment Interested Parties: Bryce Jordan, GHD Bob Schickedanz, Farsight Investments Attachment 1 to PDS-035-21 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 2021- 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 to ZBA Now Therefore the Council of the Municipality of Clarington enacts as follows: 1. Schedule " Y to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding -Urban Residential Exception ((H) R2-58) Zone" to "Holding -Urban Residential Exception ((H) R2-60) Zone", "Holding -Urban Residential Exception ((H) R2-62) Zone" to "Holding -Urban Residential Exception ((H) R1-58) Zone", "Holding -Urban Residential Exception ((H) R2-60) Zone" to "Holding -Urban Residential Exception ((H) R2-58) Zone", 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. By -Law passed in open session this day of , 2018 Adrian Foster, Mayor June Gallagher, Municipal Clerk This is Schedule "A" to By-law 2021- , passed this day of , 2021 A.D. CONCESSION:STREET_'EAST O CC ILA m J kING STRF�T EgST M Zoning Change From '(H)R2-58' To'(H)R2-60' M Zoning Change From '(H)R2-58(ST:3)' To'(H)R2-58' _ Zoning Change From '(H)R2-60" To'(H)R2-58' = Zoning Change From '(H)R2-62' To'(H)R2-58' _ Zoning To Remain'(H)R2-60' Bowmanville • ZBA 2021-0006 • Schedule 3 1