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Staff Report
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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
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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
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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
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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