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Report To: Planning and Development Committee
Date of Meeting: March 28, 2022 Report Number: PDS-017-22
Submitted By:
Reviewed By:
File Number:
Report Subject:
Ryan Windle, Director of Planning and Development Services
Mary-Anne Dempster, CAO
SC2005-0002 & ZBA2021-0021 Resolution#:
Redline Revisions to Draft Approved Plan of Subdivision and Rezoning to
permit 6 additional residential dwellings – 1700 Lambs Road
Recommendations:
1.That Report PSD-017-22 and any related communication items, be received;
2.That provided there are no substantial objections from the public, the red-lined
revision to a Draft Approved Plan of Subdivision submitted by Farsight Investments
Limited to alter the lot frontages and road layout, be supported subject to the
conditions contained in Attachment 1 to Report PDS-017-22;
3.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 2 to Report PDS-017-22 be passed;
4.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;
5.That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PDS-
017-22 and Council’s decision; and
6.That all interested parties listed in Report PSD-017-22 and any delegations be
advised of Council’s decision.
Municipality of Clarington Page 2
Report PDS-017-22
Report Overview
This report satisfies the Public Meeting requirements of the Planning Act and recommends
support of red-line revisions to a Draft Approved Plan of Subdivision and approval of a
Zoning By-law Amendment submitted by Farsight Investment Limited. The red-line revisions
include increasing the number of residential lots by 6, including 4 additional single detached
dwellings and 2 additional townhouse dwellings and widening of Streets D and E.
The Zoning By-law Amendment would implement the changes to the unit types and locations
within the red-line revised draft plan of subdivision.
1. Application Details
1.1 Owner/Applicant: Farsight Investment Limited
1.2 Agent: GHD
1.3 Proposal: Red-line revisions to a Draft Approved Plan of Subdivision and
Rezoning to implement redline amendments.
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
2. Background
2.1 Draft approval for Plan of Subdivision S-C-2005-0002 was originally issued in 2010. On
September 17, 2018, Council considered and approved applications for amendment to
the 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. In
July 2021, Council approved additional Zoning By-law Amendments as the previous
zoning on the property did not properly implement the lot pattern as contained in the Draft
Approved Plan of Subdivision for 26 lots.
Municipality of Clarington Page 3
Report PDS-017-22
Figure 1: Draft Approved Plan of Subdivision
2.2 Farsight Investments have been working towards fulfilling the obligations related to the
conditions of Draft approval. In working through the detailed engineering design phase, it
was determined the lands designated for stormwater management were in excess of what
is required and has resulted in a smaller stormwater management pond design. Given
the additional lands are not required for stormwater management the applicant is seeking
to red-line the Draft approved plan resulting in six additional lots, including 4 additional
single detached dwellings and 2 additional townhouse dwellings (See Figure 2).
Municipality of Clarington Page 4
Report PDS-017-22
Figure 2: Proposed red-line revisions to draft approved plan of subdivision.
2.3 The proposed red-line revisions would allow nine additional townhouse dwellings on the
south side of Street D. Seven townhouse dwelling units have been removed from the
north side of Street D and replaced with four single detached dwellings. Street D has also
been widened to meet Public Works standards for dwellings on both sides of Street D.
3. Land Characteristics and Surrounding Uses
3.1 The lands subject are vacant. Grading and some tree removal has begun 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);
Municipality of Clarington Page 5
Report PDS-017-22
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
Provincial Policy Statement
4.1 The Provincial Policy Statement (2020) 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.
Provincial Growth Plan
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 mix of
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.
4.3 The Growth Plan establishes minimum targets for residential development occurring
annually within 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.
Municipality of Clarington Page 6
Report PDS-017-22
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 Local Corridor which are to have a variety of medium-density development.
Medium-density blocks are 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.
6.2 The proposed rezoning application would alter the zoning for the areas identified in
Figure 2 above to allow for the proposed street townhouse and single detached
dwellings.
7. Public Notice and Submissions
7.1 This recommendation report also satisfies the Public Meeting requirements for the zone
amendment application in accordance with the provisions of the Planning Act. In that
regard, public notice was mailed to all landowners within 120 of the subject property and
interested parties for the subdivision file. Signs were posted on the Lambs Road and
Concession Street frontages on February 25, 2022. The signs posted on site appeared to
have been taken down by inclement weather. The applicant replaced the signs again on
March 18, 2022.
7.2 As of the writing of this report, staff have not received any inquiries with respect to the
proposed zoning by-law amendment.
8. Agency Comments
Regional Municipality of Durham
8.1 The Region of Durham has no objections or concerns with the proposed changes to the
draft approved plan or the rezoning application.
Municipality of Clarington Page 7
Report PDS-017-22
Central Lake Ontario Conservation Authority
8.2 The Central Lake Ontario Conservation Authority has no objections or concerns with the
proposed changes to the draft approved plan or the rezoning application.
Kawartha Pine Ridge District School Board
8.3 The Kawartha Pine Ridge District School Board has no objections to the applications.
9. Departmental Comments
Public Works Department
9.1 Public Works has no objection or concerns with the proposed changes to the draft
approved plan or the rezoning application. It was through detailed engineering design
review that the stormwater pond size was confirmed, and the additional developable
lands were identified.
10. Discussion
10.1 The proposed red-line revisions and rezoning is a result of additional developable lands
being available subsequent to the detailed stormwater management pond design work
being completed. There have been slight revisions to existing road widths for Street D
and E but the road pattern has not changed as a result of the revisions.
10.2 The redline revisions will result in six additional lots being developed making the best use
of lands that are no longer required for stormwater management. The changes to the
conditions of Draft Approval (See Attachment 1) recognize the renumbering of park,
open space, and townhouse block numbers as a result of the red-line changes. Kawartha
Pine Ridge District School Board also requested additional conditions be included to
provide more transparency on which schools will serve the residents of the development.
The revisions are administrative in nature and do not change the requirements of the
previous draft approval.
11. Concurrence
Not Applicable.
12. Conclusion
12.1 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 application for Zoning By-law Amendment be approved and the
zoning by-law as contained in Attachment 2 be adopted.
Municipality of Clarington Page 8
Report PDS-017-22
Staff Contact: Brandon Weiler, Planner, (905) 623-3379 ex. 2424 or bweiler@clarington.net.
Attachments:
Attachment 1 – Revised Conditions to Draft Approval
Attachment 2 – Zoning By-law Amendment
Interested Parties:
The following interested parties will be notified of Council's decision:
Bob Schickedanz, Farsight Investments Limited
Bryce Jordan, GHD
Attachment 1 to
Report PDS-017-22
Amendment to The Conditions of Draft Approval
File Number S-C-2005-0002
Issued for Concurrence: February 16, 2022
Notice of Decision:
Amendment Approved:
Ryan Windle, MCIP, RPP, AICP
Director of Planning and Development Services
Municipality of Clarington
The Conditions of Draft Approval for S-C-2005-0002 as issued on October 17, 2018 are
further amended as follows:
1. Condition 2 is deleted and replaced with the following:
“1. The Owner shall have the final plan and shall include a land use table on
the basis of the approved draft plan of subdivision, as redlined, prepared
by GHD, identified as project number 11007, dated April 2016, as revised
and dated July 2021, which illustrates 313 lots for single detached
dwellings, 2 park blocks, 64 street townhouse units, 2 medium density
blocks for 239 units, 1 stormwater management pond, 2 open space
blocks, 1 block retained by Owner, road widenings and reserves.
2. Condition 4.2 is amended as follows:
(a) Road Widenings and Sight Triangles
An 8.0 metre road widening across the entire frontage of Lambs
Road and 14 X14 metre sight triangle at the corner of Concession
Road 3 and Lambs Road shown as Blocks 343 & 344 on the draft
plan.
A 3.0 metre road widening across the entire frontage of Concession
Street East shown as Block 342 on the draft plan.
(b) Reserves
A 0.3 metre reserve shown as Blocks 337, 338, 339, 340 and 341 on
the draft plan.
(c) Parkland Dedications
Park or other public recreational area shown as Blocks 330 and 331
on the draft plan.
(d) Open Space Lands as shown in Blocks 333 and 334 on the draft plan.
(e) Stormwater Management Pond as shown in Block 332 on the draft plan.
3. Condition 4.3 is amended as follows:
(a) Road Widenings and Sight Triangles
A 5.0 metre road widening across the entire frontage of Regional
Highway No. 2 and a 20 metre X 20 metre sight triangle at the corner
of Regional Highway No. 2 and Lambs Road shown as Block 345 on
the draft plan.
(b) Reserves
A 0.3 metre reserve shown as Block 336 on the draft plan.
4. Condition 6.3 is amended as follows:
The Owner shall not make application for a building permit for Townhouse Blocks
317 and 318 as redlined revised until a functional stormwater management
design and corresponding configuration of Storm Water Management Pond Block
332 that accommodates over-land or piped major storm flows to the satisfaction
of the Municipality of Clarington and the Central Lake Ontario Conservation
Authority.
5. Condition 6.4 is amended as follows:
The Owner shall not make an application for a building permit in respect of
Blocks 328 and 329 until the Owner has received site plan approval from the
Municipality under Section 41 of the Planning Act, R.S.O. 1990, C.P.13.
6. Condition 6.5 is amended as follows:
The Owner shall convey Block 331 to the Municipality for park or other public
recreational purposes in accordance with section 51.1 of the Planning Act,
R.S.O. 1990, c.P.13, with the registration of the first phase and Block 330 with
the registration of the second phase.
(3) The Owner shall construct and ensure the Engineering Drawings
incorporate the final grades for the park, Block 330 including 200 mm
minimum topsoil and seeding, sodding, fencing, all storm sewer servicing
within the park.
(4) The Owner will be responsible for the cost (100%) of constructing the park
on Block 331 and the soccer field, walkways on “Other Lands Owned by
Applicant”. The Owner shall retain a qualified Landscape Architect to
undertake the preparation of park construction drawings and specifications
all to be approved by the Director of Engineering Services.
7. Condition 6.6 is amended as follows:
The Owner shall convey Open Space Block 333 with the registration of the first
Phase of development and shall convey Block 334 with the registration of second
phase of development.
(1) Phase 1 - Trail Construction
i) The Owner is responsible for the cost (100%) of constructing a 3.0
metre pedestrian trail along the east side of Soper Creek within
Block 333. The trail shall extend from the future sidewalk network
along Concession Street East continuing south within the 5 metre
buffer to the Environmental Limits along Blocks 328 and 330 and
Lots 16 to 44 to complete a trail connection to the Park (Block 333).
The Owner agrees to complete the trail construction prior to the
issuance of the 240th building permit.
ii) The Owner will be responsible for the cost (100%) of constructing a
3.0 metre connecting pedestrian trail, including the bridge crossing
over Soper Creek, westerly from Blocks 331 and 333, to lands
identified by Assessment Roll Number 18-17-020-060-16721
owned by the Municipality of Clarington, known as Barley Mills
Park. The trail shall terminate where Barley Mill Park fronts onto
Barley Mill Crescent. The trail shall include a bridge and abutments
over Soper Creek.
(2) Phase 2 - Trail Construction
i) The Owner is responsible for the cost (100%) of constructing a 3.0
metre pedestrian trail within Block 334, from Street ‘D’ to Lambs
Road. The Owner agrees to commence construction of the trail in
Block 334 prior to issuance of 1st building permit.
8. A new Condition 7.9 is added as follows:
7.9 Kawartha Pine Ridge District School Board
“Prior to the final approval of the draft plan, Kawartha Pine Ridge District School
Board (KRP) shall be satisfied that appropriate clauses are contained within the
Subdivision Agreement as follows:
(a) All offers of purchase and sale shall contain a statement advising
prospective purchaser(s) that accommodation within a public school in the
community is not guaranteed and students may be accommodated in
temporary facilities; including but not limited to accommodation in a
portable classroom, a “holding school”, or in an alternate school within or
outside of the community.
(b) All offers of purchase and sale shall include a statement advising
prospective purchasers that if school buses are required within the
development in accordance with Kawartha Pine Ridge District School
Board Transportation policies, as may be amended from time to time,
school bus pick up points will generally be located on the through street at
a location as determined by the Student Transportation Services of
Central Ontario.
(c) That the Owner(s) shall agree to provide a pedestrian walkway or
dedicated pedestrian use only area throughout the subdivision to
accommodate and promote safe walking routes to the nearby school
property and elsewhere. To clear this condition, KPR staff will require a
copy of the proposed plan and details for the pedestrian route prior to
entering into the Subdivision Agreement. Any Subdivision Agreement
shall reflect these proposed plans and details.”
9. Condition 8.3 is amended as follows:
The Owner shall include the following notices and warning clauses in
Agreements of Purchase and Sale for the Lots or Blocks to which they
apply:
(1) The Owner shall include the following notice in the Agreements of
Purchase and Sale for Lots 16 to 46, Blocks 314, 315, 316, 317, 328 and
329:
Chain Link Fencing – Chain link fencing is a required feature
between this lot and the adjacent open space. No gates into the
open space lands area permitted. This fencing is located on the
public portion of the abutting land and will be maintained by the
Municipality after the developer has been released from any further
responsibility for the fence.
Debris and Pool/Spa Water – Purchasers may not dumb any materials,
debris or grass clippings on these lands. Purchasers may not drain
swimming pool or spa water directly on these lands. Water should be
directed to the road where it enters the storm water system and is treated
by Stormwater Management Controls.
Public Walkway – A public walkway may be developed on the open space
lands owned by the Municipality.
10. Condition 9.1 is amended as follows:
(d) Kawartha Pine Ridge District School Board, how Conditions 7.9 have
been satisfied.
Attachment 2 to
Report PDS-017-22
C:\Program Files\eSCRIBE\TEMP\16551329818\16551329818,,,Attachment 2 - Draft Zoning By-law.docx
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The Corporation of the Municipality of Clarington
By-law Number 2022-______
being a By-law to amend Zoning By-law 84-63
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 ZBA2021-0021;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from "Holding - Urban Residential Exception (R3-40)(ST:3)"
to "Holding - Urban Residential Exception ((H)R2-58)(ST:3)", “Holding – Urban
Residential Exception (R3-40)(ST:3)” to “Holding – Urban Residential Exception
((H)R2-60) “ and “Environmental Protection (EP)” to “Holding – Urban Residential
Exception ((H)R3-40)” 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 ____________, 2022
__________________________
Adrian Foster, Mayor
__________________________
June Gallagher, Municipal Clerk