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HomeMy WebLinkAboutPDS-017-22Public 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: 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 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 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