HomeMy WebLinkAboutPSD-082-18Clarington
Planning Services
Report
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Report To: Joint General Government and Planning and Development Committee
Date of Meeting: December 10, 2018
Report Number: PSD -082-18 Resolution:
File Number: PLN 40 By-law Number:
Report Subject: Release of a Proposed Draft Zoning By-law for Clarington
Recommendation:
1. That Report PSD -082-18 be received for information.
Municipality of Clarington
Report PSD -082-18
Report Overview
Page 2
The Planning Services Department is undertaking a comprehensive review of Clarington's
two zoning by-laws to implement the policies and goals of the revised Official Plan. This
comprehensive review will result in a new, consolidated zoning by-law applicable to the
entire Municipality. This report provides an update on the zoning by-law review process, a
summary of key features addressed in a first draft of the proposed new zoning by-law
released for public comment on November 14, 2018. It also announces the related Public
Open House Session dates and locations occurring in early 2019, and introduces the next
phase of ZONE Clarington focused on urban area zoning.
1. Introduction
1.1 The purpose of this report is to announce the recent release of the first draft of a
proposed new Clarington Zoning By-law and the related Public Open House Sessions in
early 2019. The release of the first draft represents an important milestone for the
ZONE Clarington initiative.
1.2 In Clarington, two zoning by-laws are in place today. Zoning By-law 84-63, as
amended, regulates the development of land between Lake Ontario and the Oak Ridges
Moraine. Zoning By-law 2005-109, as amended, applies to all lands that are located on
the Oak Ridges Moraine.
1.3 While Clarington's two zoning by-laws have been updated over time, a comprehensive
review is necessary to implement policies and goals of the Clarington Official Plan in
accordance with the Planning Act. A comprehensive review also provides the
opportunity to update our zoning regulations to reflect current best practices, address
new and emerging issues, and to modernize and improve its usability.
1.4 ZONE Clarington is a Municipal initiative led by the Planning Services Department with
support provided by other Departments and external agencies (e.g. Conservation
Authorities). ZONE Clarington seeks to review, consolidate and update (where
appropriate) municipal zoning regulation into one, new, comprehensive zoning by-law
that conforms with and implements the Clarington Official Plan.
2. Zoning By-law Review Process
2.1 Report PSD -060-17 presented a general work program for ZONE Clarington. In
addition to a project initiation phase, the phasing of the review was divided to examine
zoning for Clarington's rural areas separately from zoning for Clarington's urban areas.
While the work program presented in Report PSD -060-17 planned for separate
recommendations to Council for rural areas zoning and urban areas zoning, this
approach has since been revised.
Municipality of Clarington Page 3
Report PSD -082-18
2.2 Figure 1 presents a revised ZONE Clarington general work program. As shown, a new
comprehensive zoning by-law for Clarington will be recommended to Council during
Phase 4 of the project. This revised approach should allow for Official Plan appeals to
be addressed and any resulting zoning by-law implementation requirements to be
incorporated prior to the recommendation of a final draft new Clarington Zoning By-law
to Council.
12 3 4 Monitoring &
Project Rural areas Urban areas Maintenance
initiation zoning zoning Zoning By-law
> I
Create work plan
Communications and
engagement strategy
Official PlaW Planning
Act conformity analysis
Key issues survey
Review of layout and
format
We are here
January 2015
Zoning issues analysis Zoning issues analysis
Research
Minor variance review
Special exceptions
analysis
Information sheets for
key topics
Update mapping
First draft
Zoning By-law
Public open houses
Research
Minor variance review
Special exceptions
analysis
Information sheets for
key topics
Update mapping
Second draft
Zoning By-law
Public open houses
Third draft
Zoning By-law
Statutory public
meeting
Recommendation to
Council
Implementation
June 2020
Continued monitoring
and maintenance of the
Zoning By-law
Figure 1: Revised ZONE Clarington General Work Program
2.3 Figure 1 also indicates the current status of ZONE Clarington. The recent release of the
first draft zoning by-law (see Section 3) and initiation of public consultation on the first
draft (see Section 4) represents the final stage of the Rural Areas Phase.
3. Release of First Draft Zoning By -Law
3.1 On November 14, 2018, the first draft of Clarington's proposed new zoning by-law was
released for public comment. The first draft of the proposed draft zoning by-law
contains general regulations and definitions that apply to all of Clarington — both the
rural and urban areas. The first draft also presents proposed zone categories and
mapping for Clarington's rural area. The next phase of the project, Phase 3 Urban
Areas Zoning (Figure 1), will determine the regulations, zone categories and mapping
for Courtice, Bowmanville, Newcastle Village and Orono.
Municipality of Clarington Page 4
Report PSD -082-18
3.2 The preparation of the first draft zoning by-law represents a significant undertaking
involving a review of both existing zoning by-laws in their entirety (i.e. definitions, zone
categories, and regulations — general provisions, permitted uses, development
standards, etc.). Aspects that work well from the existing zoning by-laws provided a
basis to formulate the new proposed zoning by-law. Key features of the new proposed
zoning by-law include the following:
• Improved layout, organization, clarity and accessibility of the document as
compared to the current zoning by-laws;
• Implementation of strengthened Official Plan policy to ensure the protection of
significant natural heritage and hydrological features, including the mapping of
associated development setbacks in the rural area (outside of settlement areas);
• Permission for secondary apartments within the Rural Residential and
Agricultural zones, subject to regulations, supporting housing diversity and
affordability;
• Regulations to clarify what primary agricultural uses are, along with what and
where agriculture -related uses are permitted;
• Regulations that permit a wider range of secondary on-farm uses than allowed
as -of -right today which are considered compatible with and appropriate in
agricultural areas;
• Creation of a rural residential zone for lots of less than 2 hectares located outside
of a rural settlement area, reflecting their permitted use for a residential purpose,
rather than the application of an agricultural zone;
• Regulations to limit new development on lands that could be unsafe for
development or alteration due to naturally occurring hazards (e.g. flood
susceptibility, erosion, steep slopes);
• Introduction of definitions to eliminate duplication, address interpretation issues,
and reflect new regulations and trends.
3.3 The first draft zoning by-law is available on the ZONE Clarington webpage at
www.clarington.net/ZoneClarington. An interactive mapping tool has also been
developed that enables users to quickly and easily compare current zoning with
proposed draft zoning. Copies of the first draft zoning by-law are also available to the
public in all Clarington Library branches. The public is encouraged to provide
comments.
Municipality of Clarington
Report PSD -082-18
4. Public Consultation
Page 5
4.1 The release of the first draft of the new proposed zoning by-law for Clarington will be
followed by four Public Open House Sessions. The sessions are scheduled as follows:
• Tuesday January 29, 2018 - Tyrone Hall, 2716 Concession Road 7
• Wednesday January 30, 2018 — Kendal Community Centre, 6742 Newtonville Road
• Tuesday February 5, Solina Community Centre, 1964 Concession Road 6
• Wednesday February 6, 2018 — Garnet B. Rickard Recreation Complex, 2440
Highway 2.
4.2 All meetings are scheduled for 4:30 p.m. to 8:30 p.m. Staff from the Municipality and
local conservation authority representatives will be available to answer questions.
4.3 Notice of the public consultation sessions will involve:
• Advertisement on the ZONE Clarington webpage;
• Advertisement in Clarington This Week and the Orono Times;
• Advertisement through the Municipality's social media;
• Direct notice sent to all interested parties; and
• Posting on information boards at Municipal facilities and at local community
centres, halls and other public gathering places.
4.4 The public may also provide feedback on the first draft zoning by-law through the
project website, by email (sent to zoneclarington-clarington.net), or by letter sent to the
Municipality (send to the attention of ZONE Clarington or Planning Services
Department).
4.5 Initial consultation with the Agricultural Advisory Committee of Clarington occurred
during the early stages of the Rural Areas Phase for the project. Consultation with the
Committee continued in November 2018 in preparation for the release of the first draft,
and more is planned for early 2019. Further, discussions with interested stakeholder
groups (e.g. Building and Land Development Industry — Durham Chapter) are being
planned.
5. Next Steps
5.1 Zoning issue analysis, research, minor variance and special exception reviews for the
Urban Areas Zoning Phase (Phase 3) of ZONE Clarington are now underway. In
addition to the consideration urban area zoning, Planning Staff will consider comments
received during the current public consultation period in preparing the second draft
zoning by-law for public comment. Urban Areas Zoning will also be informed by the
Municipality of Clarington Page 6
Report PSD -082-18
outcomes and recommendations of the various new Secondary Plans and Secondary
Plan updates, currently underway.
5.2 Currently, two studies have been identified to be undertaken during the Urban Areas
Zoning phase. This includes a Neighbourhood Character Study for the neighbourhood
areas in Bowmanville, PSD -078-18 that are currently subject to Interim Control By-law
2018-083, and a parking study to address current parking demands, municipal best
practices in parking standards, new transportation and mobility trends, and
sustainability. In addition, a collaboration with the University of Waterloo School of
Planning will assist ZONE Clarington to better understand the policy and legislative
context, challenges and opportunities associated with the emerging trend of smaller
dwelling units or "tiny home" development in Canada.
6. Concurrence
Not Applicable.
7. Conclusion
ZONE Clarington has reached an important milestone with the recent release of a first
draft zoning by-law for public comment. Open house sessions being held in early 2019
and other consultation activities over the next few months provide an important
opportunity to gather public input and inform the next draft of the new draft zoning by-law.
A second draft zoning by-law that covers the entirety of the Municipality will be released
following the completion of a comprehensive review of urban area zoning, regulations
and mapping.
8. Strategic Plan Application
Not applicable.
Municipality of Clarington
Report PSD -082-18
Page 7
Submitted by: Reviewed by:
Per: Faye Langmaid, RPP, FCSLA, Andrew C. Allison, B. Comm, LL.B
Acting Director of Planning Services CAO
Staff Contact:
Tracey Webster, Senior Planner, 905-623-3379 ext. 2415 or twebster@clarington.net
Amy Burke, Senior Planner, 905-623-3379 ext. 2423 or aburke@clarington.net
List of interested parties to be notified of Council's decision is on file in the Planning Services
Department.
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