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HomeMy WebLinkAboutPDS-016-25Public Meeting 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: April 14, 2025 Report Number: PDS-016-25 Authored By: Submitted By: Reviewed By: File Number: Report Subject: Jacob Circo, Planner II Darryl Lyons, Deputy CAO, Planning and Infrastructure Services Mary-Anne Dempster, CAO ZBA2024-0029 Resolution#: Zoning By-law Amendment application to facilitate five residential lots in Bowmanville. Purpose of Report: The purpose of this report is to provide information and gather input from the public and Council, as well as recommend approval if there are no significant concerns raised from the public. If significant concerns are raised, it is recommended that this matter be referred back to staff. Recommendations: 1.That Report PDS-016-25 and any related communication items, be received; 2.That the Zoning By-law amendment application submitted by D.G. Biddle and Associates be approved and that the Zoning By-law Amendment in Attachment 1 to report PDS-016-25 be approved; 3.That the Region of Durham Community Growth and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS-016-25 and Council’s decision; and 4.That all interested parties listed in Report PDS-016-25 and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-016-25 Report Overview D.G. Biddle and Associates has submitted a Minor Zoning By-law Amendment to facilitate the creation of five residential lots for single detached dwellings in Bowmanville. The Municipality of Clarington’s Committee of Adjustment granted provisional approval for the consent applications on July 25, 2024. A condition of this approval is the endorsement of a site-specific Zoning By-law Amendment. If there are no major concerns from the public, Staff recommend approving the Zoning By-law amendment. However, if significant concerns arise, it is suggested that the matter be referred back to staff for further consideration. 1. Application Details Owner: 1000801308 Ontario Incorporated Agent: D.G. Biddle and Associates Proposal: Zoning By-law Amendment To rezone Parts 2 to 7 on the submitted reference plan from “Agriculture (A)” to an appropriate “Urban Residential Exception” Zone. Area: 2,820 square metres (0.282 hectares) Location: 221 Liberty Street North, Bowmanville (Figure 1) Roll Number: 18-17-020-060-06100 2. Background 2.1 On June 14, 2024, five consent applications (file number: B2024-0013-to-B2024-0017) was received to sever lands municipally known as 221 Liberty Street North in Bowmanville. The effect of the consent application is to create five severed lots and one retained lot. The Committee of Adjustment approved the consent application with a condition that a future zoning by-law amendment be required to change the remnant “Agriculture (A)” to an appropriate “Urban Residential Exception” zone (see Attachment 1). 2.2 There is an existing dwelling and shed on the subject lands which is proposed to remain on the retained parcel (Part 2 on Attachment 3). The existing accessory structure on the proposed severed parcels (Parts 6 and 7 on Attachment 3) is to be demolished/removed prior to clearance of the consent applications. Municipality of Clarington Page 3 Report PDS-016-25 Figure 1: Location of Subject Lands 2.3 On November 11, 2024, Planning Staff received the subject Minor Zoning By-law Amendment application which seeks to support the creation of f ive single detached dwelling lots in Bowmanville. 2.4 The rezoning application was deemed complete by staff on December 16, 2024. In accordance with the Planning Act, an applicant can appeal a rezoning application for non-decision 90 days after the application is deemed complete. In this case, the timeline started the day the application was received on November 11, 2024. As a result, an appeal could have been received since February 9, 2025. Staff continue to work with the applicant and have brought forward the combined public meeting and recommendation report at this time. Municipality of Clarington Page 4 Report PDS-016-25 3. Land Characteristics and Surrounding Uses 3.1 The subject lands is located at 221 Liberty Street North in Bowmanville, having frontage on Liberty Street North and Redfern Crescent (see Figure 1). 3.2 The subject lands additional surrounding land uses are as follows: North: Existing residential development, which includes single detached and semi- detached dwellings. East: Existing residential development, which includes single detached and semi- detached dwellings. South: Existing residential development, which includes single detached and semi- detached dwellings. West: Existing residential development, which includes single detached and semi- detached dwellings. 4. Provincial Policy Provincial Planning Statement (PPS 2024) 4.1 The PPS (2024) encourages planning authorities to create healthy, livable, and safe communities by accommodating an appropriate range and mix of housing types, including affordable housing and shall promote development patterns th at efficiently use land and infrastructure. Opportunities for redevelopment and intensification are to be promoted where it can be accommodated. 4.2 The PPS (2024) policies direct growth to settlement areas and promote compact development forms. The subject lands are located within the Bowmanville Urban Area. Planning authorities are to facilitate a variety of housing forms and promote residential intensification to achieve efficient use of land, especially along public transit and active transportation routes. The rezoning application will support gentle intensification of an existing parcel of land within a built-up area of the Municipality. 4.3 The proposal conforms to the PPS 2024 5. Official Plan Durham Region Official Plan (Envision Durham) 5.1 On September 3, 2024, the Minister of Municipal Affairs and Housing approved Envision Durham, which is the new Regional Official Plan, with modifications. The Durham Municipality of Clarington Page 5 Report PDS-016-25 Region Official Plan (Envision Durham) designates the subject lands as “Community Areas”. 5.2 Envision Durham provides a long-term policy framework that is used to manage Durham Region’s growth and development. The intent of Envision Durham is to manage resources, direct growth and establish a basis for providing Regional services in an efficient and effective manner. 5.3 Community Areas are to be planned for a variety of housing types, sizes, and tenures, including townhouses and apartments within connected neighbourhoods. These areas can also include population-serving uses and shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas. 5.4 The proposal conforms to Envision Durham. Municipality of Clarington Official Plan 5.5 Clarington’s Urban Structure and local corridors is identified on Map B and consists of Built-up Areas, Greenfield Areas, and Priority Intensification Areas. Development will be focused within the delineated Built-up Areas and the Priority Intensification Areas. The Priority Intensification Areas have been identified as the primary locations to accommodate growth and the greatest mix of uses, heights and densities. The subject lands are located within the built-up area of Bowmanville and Liberty Street North is designated as a local corridor on Map B of the Clarington Official Plan. 5.6 The subject lands is entirely designated “Urban Residential” within the Clarington Official Plan. The “Urban Residential” designation is predominantly intended to provide for a variety of housing densities, tenures, and types in neighbourhoods for all incomes, ages, and lifestyles. 5.7 Section 10.6.3 of the Official Plan speaks to increased net density in Local Corridors to create a public realm that accommodates a range of higher density residential uses, complemented by compatible retail, service and institutional uses. Within Table 4 -3 of the Clarington Official Plan, the minimum net density required for the Local Corridor is 40 units per net hectare with heights ranging from 2-6 storeys. As proposed, the total lot area is approximately 0.26 hectares (excluding the 5-metre road widening that serves to reduce the lot area) and the minimum net density for the subject lands based on the lot area would be +/- 10 units. The applications achieve a net density of +/- 21 units per net hectare. The proposed net density represents gentle intensification and an improvement to the existing property density. The proposed net density will contribute to increasing the overall Local Corridor net density along Liberty Street. Staff are of the opinion that the proposed lot fabric and associated net density is appropriate. Municipality of Clarington Page 6 Report PDS-016-25 5.8 In order to achieve the minimum Local Corridor net density for the subject lands, a total minimum of +/- 10 units would be required. As proposed, there is the potential for two (2) additional dwellings units (ADUs) on each proposed severed lot, if they can be accommodated. Staff are supportive of ADU’s to increase the rental housing stock in the Municipality and assist in achieving the Local Corridor net density minimums. 5.9 The proposal conforms with the policies of the Clarington Official Plan. 6. Zoning By-law 84-63 6.1 The subject lands are entirely zoned as ‘Urban Residential Exception (R1)’ and ‘Agriculture (A)’ within Zoning By-law 84-63. 6.2 Lot creation within the “Urban Residential (R1) Zone” must comply with the regulations in Section 12.2 of Zoning By-law 84-63, which sets minimum lot size and frontage requirements based on dwelling type. Currently, there are no zoning issues for parcels with frontage on Liberty Street North zoned “R1.” The “A” zone, an older zoning category for undeveloped urban lots, has stricter requirements for lot size and frontage and limits permitted uses, which restricts the ability to sever and redevelop the property. Therefore, a rezoning of the land to a suitable Urban Residential zone is required as part of the consent application. 7. Summary of Background Studies 7.1 Staff and agencies reviewed the proposal as part of the consent application in July of 2024. The consent applications were supported by Staff and the Committee of Adjustment, and no additional studies were required for the rezoning application. 8. Public Notice and Submissions 8.1 Public Notice was mailed to 131 households within 120 metres of the subject lands on March 24, 2025. Two public meeting signs were installed on the subject lands, one sign along Liberty Street North and the other along Redfern Crescent. Details of the proposed application were also posted on the Municipality’s website (www.clarington.net/221LibertySt), and in the Clarington Connected e-newsletter. 8.2 As of writing of this report, staff have not received comments from the public. 9. Department and Agency Comments 9.1 The applications were circulated to internal departments and external agencies for review and comments. At the time of writing this report, staff did not receive any objections or concerns to proposal from circulated departments and external agencies . Municipality of Clarington Page 7 Report PDS-016-25 A list and summary of the agency and internal departments comments received thus far are shown on Attachment 2 to this report. 10. Discussion 10.1 The proposed lots are located within the urban area of Bowmanville, fronting onto Liberty Street North. The proposed residential uses represents a form of development encouraged by Provincial, Regional, and Municipal policies. 10.2 The proposed zone category allows for the construction of single-detached dwellings on the severed parcels, which aligns with the owner/applicant's intent for the provisionally approved parcels and is in keeping with the surrounding parcel fabric along Liberty Street North as well as Redfern Crescent in Bowmanville. The purpose of the “A” zone in urban areas is to limit development until the necessary municipal services and road infrastructure are in place to support redevelopment. The proposed zoning change eliminates the “A” zone, a historic remnant category, to facilitate redevelopment that aligns with the policies of the Official Plan. 11. Financial Considerations 11.1 The capital infrastructure required for this development will be negligible given that the lot will be privately serviced, there are no are sidewalks and the road is already constructed. The Municipality will be responsible for the major repair, rehabilitation, and replacement in the future for any capital assets. As a condition of the consent applications, the proposed five lots are subject to paying cash in lieu of parkland of 5% of the value of the severed parcels 12. Strategic Plan 12.1 The proposed development has been reviewed against the three pillars of the Clarington Strategic Plan 2024-27. Staff gave attention to the priorities of growing resilient, sustainable, and complete communities and connecting residents through the design of safe, diverse, inclusive, and vibrant communities. The proposal aligns with Clarington’s Strategic Plan. 13. Climate Change 13.1 This infill development proposal promotes efficient land use and reduces urban sprawl. By utilizing underutilized or vacant land within established urban areas, this development minimizes the need to expand into greenfields, helping to protect natural habitats and reduce transportation-related emissions. Infill development encourages more compact built forms in communities, making it easier to implement energy-efficient infrastructure and improve to access public transportation, which can further lower Municipality of Clarington Page 8 Report PDS-016-25 greenhouse gas emissions. Overall, this type of development helps reduce the municipality's carbon footprint by adopting cost-effective development patterns that are located next to existing regional and municipal infrastructure, while also supporting the Municipality's climate action goals. 14. Concurrence 14.1 Not Applicable. 15. Conclusion 15.1 Should there be no significant concerns from the public, Staff recommend that the application by D.G. Biddle and Associates to amend Zoning By-law 84-63 to support the creation of five provisionally approved lots be approved and the Zoning By-law as shown on Attachment 1 be passed. In the event that significant concerns are raised, it is recommended that this matter be referred back to staff. Staff Contact: Jacob Circo, Planner II, 905-623-3379 ext. 2425 or jcirco@clarington.net or Amanda Tapp, Manager of Development Review, 905 -623-3379 ext. 2427 or atapp@clarington.net. Attachments: Attachment 1 – Draft Zoning By-law Amendment Attachment 2 – Departmental and Agency Comments Attachment 3 - Draft 40R reference plan showing proposed consent application lot fabric. Interested Parties: List of Interested Parties available from the Department. Attachment 1 to Municipality of Clarington Report PDS-016-25 Corporation of the Municipality of Clarington By-law Number 2025-______ 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 ZBA2024-0029; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule ‘3’ (Bowmanville) to By-law 84-63, as amended, is hereby further amended by changing the zone from: “Urban Residential Type One (R1) Zone” to “Urban Residential Exception (R2- 26) Zone” “Agricultural (A) Zone” to “Urban Residential Exception (R2-26) Zone” as illustrated on the attached Schedule ‘A’ hereto. 2. Schedule ‘A’ attached hereto shall form a 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 of the Planning Act. By-Law passed in open session this _____ day of ____________, 2025. __________________________ Adrian Foster, Mayor __________________________ June Gallagher, Municipal Clerk Attachment 2 to Report PDS-016-25 Attachment 2 – Agency and Department Comments The following agencies and internal departments were circulated for comments on the applications. Below is a chart showing the list of circulated parties and whether or not we have received comments to date. Department/Agency Comments Received Summary of Comment Durham Region Community Growth and Ec. Dev. Department ☒ The Region has no objection to the rezoning. Durham Region Works Department ☒ Regional Works has no objection to the rezoning. Durham Region Transit Department ☒ Durham Region Transit has no objection to the rezoning. Canada Post ☒ Canada Post has no objection to the rezoning. Elexicon ☒ Elexicon has no objection to the rezoning. Enbridge ☒ Enbridge has no objection to the rezoning. Kawartha Pine Ridge District School Board (KPRD) ☒ KPRD has no objection to the rezoning. Clarington Fire & Emergency Services Division ☒ Clarington Fire & Emergency Services Division has no objection to the rezoning. Clarington Development Engineering Division ☒ Clarington Development Engineering Division has no objection to the proposal. A Lot Grading Plan, and Entrance Permit will be required at the Building Permit stage.