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HomeMy WebLinkAbout03/13/2017Final ciffftwig Planning and Development Committee Agenda Date: March 13, 2017 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Michelle Chambers, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at mchambers(c)-clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. 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Copies of Reports are available at www.clarington.net CIarifl#oII Planning and Development Committee Agenda Date: March 13, 2017 Time: 7:00 PM Place: Council Chambers 1 Call to Order 2 New Business — Introduction Members of Committee are encouraged to provide the Clerk's Department, in advance of the meeting, with a copy of any motion the Member is intending to introduce, (preferably electronic) such that staff could have sufficient time to share the motion with all Members prior to the meeting. 3 Adopt the Agenda 4 Declaration of Interest 5 Announcements 6 Adoption of Minutes of Previous Meeting 6.1 February 21 Minutes of a Regular Meeting of February 21, 2017 Minutes 7 Public Meetings 7.1 Public Meeting Application for a Proposed Draft Plan of Subdivision & Zoning By-law Amendment Applicant: Modo Bowmanville Towns Limited, Fifty Five Clarington Limited and Devon Daniell (Kaitlin Corporation) Report: PSD -015-17 8 Delegations Page 5 Page 12 8.1 Patsy Thomas, LCJ Thomas Estates Inc., Regarding Report PSD -017-17, Application by Nathan Thomas to amend the Zoning By law to Facilitate the Creation of Two Additional Single Detached Lots at 6 Mann Street, Bowmanville Page 2 CIarifl#oII Planning and Development Committee Agenda Date: March 13, 2017 Time: 7:00 PM Place: Council Chambers 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications— Direction 10.1 Scott & Scott & Karen Muir — Regarding Report PSD -015-17, Karen Muir Applications by Modo Bowmanville Towns Ltd., Fifty Five Clarington Ltd. and Devon Daniell for a Draft Plan of Subdivision and Rezoning to permit Medium Density (Townhouse) development in the Bowmanville West Town Centre, Bowmanville (Motion to refer correspondence from Scott & Karen Muir, concerning the Public Meeting (Agenda Item 7.1) regarding Report PSD -015-17, be referred to the Director of Planning Services to be considered as part of the application review process.) 11 Presentations No Presentations 12 Planning Services Department Reports Page 14 12.1 PSD -015-17 Applications by Modo Bowmanville Towns Ltd., Fifty Five Page 17 Clarington Ltd. and Devon Daniell for a Draft Plan of Subdivision and Rezoning to Permit Medium Density (Townhouse) Development in the Bowmanville West Town Centre, Bowmanville 12.2 PSD -016-17 Renaming Regional Road 57 in Clarington Page 51 12.3 PSD -017-17 Application by Nathan Thomas to amend the Zoning By-law Page 56 to Facilitate the Creation of Two Additional Single Detached Lots at 6 Mann Street, Bowmanville 12.4 PSD -018-17 An Application by 2084165 Ontario Limited and Akero Page 67 Development Inc. for Low and Medium Density Development 3222 and 3350 Middle Road, Bowmanville Page 3 CIarifl#oII Planning and Development Committee Agenda Date: March 13, 2017 Time: 7:00 PM Place: Council Chambers 12.5 PSD -020-17 Regulations Regarding Designated Heritage Properties, Property Standards By-law Amendment 13 New Business — Consideration 14 Unfinished Business None 15 Confidential Reports 15.1 PSD -019-17 Sale of 12 Fourth Street, Bowmanville 16 Adjournment Page 93 Page 4 Cladwwn Planning and Development Committee Minutes February 21, 2017 Minutes of a meeting of the Planning and Development Committee held on Tuesday, February 21, 2017 at 7:00 PM in the Council Chambers. Present Were: Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor C. Traill, Councillor W. Woo Regrets: Mayor A. Foster, Councillor W. Partner Staff Present: D. Crome, K. Richardson, C. Pellarin, J. Gallagher, M. Chambers 1 Call to Order Councillor Woo called the meeting to order at 7:00 PM. 2 New Business — Introduction There were no new business items added to the Agenda. 3 Adopt the Agenda Resolution #PD -031-17 Moved by Councillor Cooke, seconded by Councillor Hooper That the Agenda for the Planning and Development Committee meeting of February 21, 2017 be adopted as presented. Carried 4 Declarations of Interest There were no disclosures of interest stated at this meeting. 5 Announcements Members of Committee announced upcoming community events and matters of community interest. 6 Adoption of Minutes of Previous Meeting Resolution #PD -032-17 Moved by Councillor Cooke, seconded by Councillor Hooper That the minutes of the regular meeting of the Planning and Development Committee, held on January 30, 2017, be approved. Carried - 1 - Cladwwn Planning and Development Committee Minutes February 21, 2017 7 Public Meetings 7.1 Application for a Proposed Zoning By-law Amendment Applicant: Lindvest Properties (Clarington) Limited Report: PSD -012-17 Mitch Morawetz, Planner, made a verbal and electronic presentation to the Committee regarding the application. Hemaraj Thuvairaja, local resident, spoke in opposition to the application. He explained that he purchased his home with the understanding that a school would be built within walking distance of his home, of the subject property. Mr. Thuvairaja explained that currently his children are being bussed to their school. He added that, with the time it takes his children to be bused to and from school, it is becoming increasingly difficult to get them to extracurricular activities. Mr. Thuvairaja concluded by stating that the existing schools are overpopulated and that a school needs to be built in this area. Victor Camara, local resident, spoke in opposition to the application. He explained to the Committee that when he purchased his home he was advised that a school would be built in the subdivision on the subject property. Mr. Camara stated that many families, with young children, live in this area and that the current schools are overpopulated. He asked if a school would be built in an alternative location. Mr. Camara added that he heard that if anew school was built it would be located closer to the Highway 115. He concluded by advising the Committee that he believes the majority of the homeowners are opposed to these homes being built. Shyanthini Hemaraj, local resident, spoke in opposition to the application. She explained to the Committee that they purchased a home in the subdivision with the understanding that a school would be built. Mr. Hemaraj asked that a school be built in the area to allow for the children to be within distance of the school. Edward Mak, Lindvest Properties (Clarington) Limited, spoke to the application. He explained that the proposed development is a result of the school board waiving their interest in the subject property. Mr. Mak added that they are asking for a rezoning and a draft plan of subdivision. He offered to answer any questions from the Committee. 8 Delegations No Delegations -2- 0 Clarftwn Planning and Development Committee Minutes February 21, 2017 9 Communications - Receive for Information 9.1 Minutes of the St. Marys Cement Community Relations Committee dated September 6, 2016 Resolution #PD -033-17 Moved by Councillor Neal, seconded by Councillor Hooper That Communication Item 9.1, Minutes of the St. Marys Cement Community Relations Committee dated September 6, 2016, be received for information. Carried 10 Communications— Direction 10.1 John Paul Newman, Director of Corporate Services, Township of Scugog — Greenbelt of Ontario Resolution #PD -034-17 Moved by Councillor Neal, seconded by Councillor Hooper That the following Township of Scugog resolution, regarding the Greenbelt of Ontario, be endorsed by the Municipality of Clarington: Whereas Township of Scugog Council received and endorsed a staff report entitled "Co-ordinated Land Use Planning Review - Township of Scugog Comments", dated October 17, 2016 as the Township's comments in response to the Provincial Land Use Planning Review; and Whereas the Staff report recommended, among other matters, that a new financial arrangement is needed for those local municipalities that comprise the Greenbelt such as in the form of provincial grants to compensate local municipalities for the reduced ability to increase their assessment through growth; and Whereas the Staff report recommended, among other matters, that a provincial working group be established to examine the financial implications associated with being located in the Greenbelt and identifying appropriate mitigation measures for predominantly rural municipalities such as Scugog; and Whereas the Mayor for the Township of Scugog forwarded a letter dated December 5, 2016, to Hazel McCallion, Ex —Officio Advisor to the Premier on Issues within the GTHA, requesting that the GTHA Mayors and Chairs Report on the Provincial Coordinated Land Use Planning Review include a provision which indicates that a sustainable funding arrangement (such as redirecting a portion of the carbon tax to Greenbelt municipalities based on their percentage and total land area included in the Greenbelt) is absolutely necessary to support the -3- Clarftwn Planning and Development Committee Minutes February 21, 2017 financial viability of the rural road networks throughout the GTHA's Greenbelt municipalities; and Now therefore the Township of Scugog recommends initiating a provincial working group, and Councillor Kett be designated as the lead, to examine the financial implications associated with being located in the Greenbelt and identifying appropriate mitigation measures, to take the form of a Greenbelt Sustainability Caucus comprising two representatives from each of the GTHA's Greenbelt Communities; and That the resolution be circulated to all Greenbelt municipalities for consideration and endorsement. Motion Withdrawn Resolution #PD -035-17 Moved by Councillor Neal, seconded by Councillor Hooper That Communication Item 10. 1, from John Paul Newman, Director of Corporate Services, Township of Scugog regarding the Greenbelt of Ontario, be received for information. Carried 10.2 Cheryl Bandel, Acting Regional Clerk, Region of Durham, Proposed Amendments to the Greenbelt Area Boundary — Environmental Bill of Rights Registry No. 012-9247 (2017 -COW -33) Resolution #PD -036-17 Moved by Councillor Neal, seconded by Councillor Traill That Communication Item 10.2 from Cheryl Bandel, Acting Regional Clerk, Region of Durham regarding proposed amendments to the Greenbelt Area Boundary — Environmental Bill of Rights Registry No. 012-9247 (2017 -COW -33), be received for information. 11 Presentations No Presentations Carried 93 Clarftwn Planning and Development Committee Minutes February 21, 2017 12 Planning Services Department Reports 12.1 PSD -012-17 Applications by Lindvest Properties (Clarington) Limited to Develop a Former School Block as a 50 lot Subdivision in Newcastle Resolution #PD -037-17 Moved by Councillor Traill, seconded by Councillor Cooke That Report PSD -012-17 be received; That the applications for proposed draft Plan of Subdivision, to amend the Clarington Official Plan and amend Zoning By-law 84-63, submitted by Lindvest Properties (Clarington) Limited for the development of a 50 lot subdivision continue to be processed and that a subsequent report be prepared; and That all interested parties listed in Report PSD -012-17 and any delegations be advised of Council's decision. Carried 12.2 PSD -013-17 Use of Holding Symbols in Rezoning Applications Resolution #PD -038-17 Moved by Councillor Cooke, seconded by Councillor Traill That Report PSD -013-17 be received for information. Carried 12.3 PSD -014-17 An Application by Prestonvale Heights Limited to Create a Common Elements Plan of Condominium, 25 Meadowglade Road, Courtice Resolution #PD -039-17 Moved by Councillor Cooke, seconded by Councillor Traill That Report PSD -014-17 be received; That the request to deem the subject application exempt from the public notice provisions of Section 51 of the Planning Act be considered appropriate in the circumstances as authorized by Section 9(7) of the Condominium Act,- That ct,That the Durham Region Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -014-17 and Council's decision; and -5- 9 Clarftwn Planning and Development Committee Minutes February 21, 2017 That all interested parties listed in Report PSD -014-17 and any delegations be advised of Council's decision. Carried 13 New Business — Consideration There were no New Business Item to be considered under this section of the Agenda. 14 Unfinished Business 14.1 PSD -070-16 Revised Applications by 2399263 Ontario Limited (Matanda Homes) for a 17 - Unit Draft Plan of Subdivision on Gordon Vinson Avenue and Frank Wheeler Avenue in Courtice [Referred from the January 9, 2017 Planning and Development Committee Meeting] Resolution #PD -040-17 Moved by Councillor Neal, seconded by Councillor Cooke That Report PSD -070-16 and Addendum to Report PSD -070-16 be received; That the application COPA2016-0002 to amend the South West Courtice Secondary Plan be closed and proposed Official Plan Amendment No. 108 be withdrawn in accordance with the applicant's request dated February 2, 2017; That the revised application for Draft Plan of Subdivision (S -C-2016-0002) submitted by 2399263 Ontario Limited, be supported subject to conditions contained in Attachment 2 to Addendum Report PSD -070-16; That the revised Zoning By-law Amendment application (ZBA 2016-0013) submitted by 2399263 Ontario Limited be approved as contained in Attachment 3 to Addendum Report PSD -070-16; That once all conditions contained in the Official Plan and Zoning By-law 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; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -070-16 and Council's decision; and That all interested parties listed in Report PSD -070-16 and any delegations be advised of Council's decision. Carried 10 Clarftwn Planning and Development Committee Minutes February 21, 2017 15 Confidential Reports There were no Confidential Reports scheduled under this Section of the Agenda. 16 Adjournment Resolution #PD -041-17 Moved by Councillor Hooper, seconded by Councillor Neal That the meeting adjourn at 7:58 PM. Chair Carried 11 7- Deputy Clerk Clarbgtoa Notice of Public Meeting A land use change has been proposed, have your say! This is a second Public Meeting scheduled for the purposes of notifying all owners, including Condominium Owners, within 120 metres of the subject lands. The proposed Draft Plan of Subdivision and Rezoning applications remained unchanged from the original Public Meeting held on June 6, 2016. Council is seeking public comments on these applications before making a decision. Modo Bowmanville Towns Limited, Fifty Five Clarington Limited and Devon Daniell (Kaitlin Corporation) proposes to create 3 blocks (4.7 ha) for medium density (townhouse) development having a maximum density of up to 60 units per hectare (up to 283 units). The plan also includes a block for future high density development and the extension of Clarington Boulevard. 1535 & 1569 Green Road Located at the east side of Green Road, south of Prince William Drive How . be Informed The proposed amendment, additional information and background studies are available for review at the Planning Services Department and on our website at clarington.net/developmentproposals Questions? Please contact Anne Taylor Scott 905-623-3379, extension 2414, or by email at ataylorscottCcD.clarington.net How to Provide Comments Speak at the Public Meeting: Date: Monday, March 13t', 2017 Time: 7:00 pm Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6 Municipal Administrative Centre Council Chambers Or write to the Planning Services Department to the attention of Anne Taylor Scott File Number: S -C-2016-0001 and ZBA 2016-0010 - w Existing Commercial Uses r Z V .ti = ,? liCFNTAP z ; + r Existing GO D 7MEAO Site ILLILI Municipal O _ Proposed— '(� Townhouse Limit of Draft Plan (up to 139 units) Development F Jrr of Subdivision and 3 Rezoning EXTENSION OF CLARINGTON BLVD Future GO Future High Density 1 Site 4 F Development ,•- Proposed r Approved Apartment , d z Townhouse Under Construction Lu 77 Development (up to 144 units) 101 sExisting_ < < , , Park , +" ,- ' / qi"� FRY CRE .s steel 10 �� t 'lIILL �ZBA.2015-,6 10 p , 7 '` -• SSC 2016-0061• 12 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk's Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed, you will not be entitled to appeal the decision to the Ontario Municipal Board and you will not be able to participate at a hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do to. David J. Crome, MCIP, RPP Director of Planning Services I:\"Department\LDO NEW FILING SYSTEMWpplication Files\SC Subdivision\S-C 2016\S -C-2016-0001 Kaitlin West Town Centre\PM_Public Meeting Notice_Kaitlin West Town Centre_21'02'2017.docx 13 From: Karen Muir To: Clerks Department Outside; Taylor Scott, Anne Cc: Karen Muir; Hooper, Ron Subject: File Number: S -C-2016-0001 and ZBA 2016-0010 Date: March -03-17 1:31:51 PM March 3, 2017 Re: S -C-2016-0001 and ZBA 2016-0010 I send my regrets as I am unable to attend the meeting on March 13, 2017. I would like this letter to go on record in my absence. Please accept this letter as written submission on behalf of Scott and Karen Muir's previously documented objection to the proposed development in the Bowmanville West Town Centre in the Municipality of Clarington dated June 2, 2016. I would like to know if any of my concerns have been addressed since the June 2, 2016 public meeting. I objected to the development plan of subdivision on the grounds of road safety hazards coupled with extreme safety liabilities and the intense infringement of privacy, as well as noise pollution issues. Have measures been taken to ensure that our family, friends, and community will not be put in harm's way? I can tell you that road traffic, along with foot and bike traffic has increased drastically since the last public meeting due to the growing realization that Green Road has been connected. The corner of Green Road and Prince William Boulevard is a huge safety hazard mainly because it is not built to full standard. It is extremely difficult to maneuver safely. What can I expect to happen when you add medium density residential dwellings into this area? I hope the Municipality of Clarington has addressed my concerns and ultimately achieved effective solutions that alleviate the issues with regards to the impact of Bowmanville West Town Centre development. I have attached a copy (see below) of my original objection and would appreciate a response to my concerns. Sincerely, Scott Muir 14 June 2, 2016 Re: S -C-2016-0001 and ZBA 2016-0010 I OBJECT to the above planning application. Please accept this written submission as Scott and Karen Muir's objection to the proposed development in the Bowmanville West Town Centre in the Municipality of Clarington. After thorough review and research of the submission, it is apparent that the protection and safety of our community has not been considered in this plan application. I OBJECT to the development plan of subdivision on the grounds that there has been NO consideration taken for the undeniable road safety hazards coupled with extreme safety liabilities and the intense infringement of privacy, as well as noise pollution issues. I understand the importance of urban development and of moving forward with long-term economical growth plans; however, it is critical for the safety and well-being of our growing community to accomplish and maintain an absolute solution before moving forward. I have been down this road before. Some years ago, my rural picturesque property was nestled in a quaint apple grove that hugged Green Road. Then the Clarington Shopping Center was built. I attended the development meetings prior to construction of the Clarington Shopping Center. There was absolutely NO mention of building only half of Prince William Boulevard. I voiced my concerns, but soon learned that Prince William Boulevard was to be built regardless of my concerns. I can honestly say that the property has since lost 100% of its once charming privacy. My property was suddenly a corner lot. The curb was built an impressive one foot off my property line. Does that seem reasonable and well thought out? These were drastic, unwelcomed changes that, in my opinion, have had a significant negative impact on my quality of living. Over the years, there have been a plethora of new issues that we have been unfairly forced to deal with. For example: the public bus now stops directly adjacent the bedroom window; we prematurely lost our home mail delivery; the sidewalk has been virtually impossible to maintain after the snowplow makes a pass; and trespassing is an increasing problem. I had asked for fence screening to help with privacy, noise issues, and to act as a preventative for foot traffic cutting across the 15 front and rear portions surrounding my home. The only suggestion offered at that point was to build a fence in where I was expected to pay half. This did not seem reasonable or possible because the curb, as mentioned earlier, is merely one foot off my property line. Execution of winter road maintenance has been especially difficult. I was told the snow would be plowed to the other side of the road. This did not happen. There have been, and I can see there will continue to be, huge privacy, littering, and noise issues if this application plan is not addressed carefully. I still do not understand how this planned infrastructure was deemed acceptable and sufficient given the vision and scope of the long-term urban development plan. I am a responsible homeowner and must keep my tenants and property safe from all hazards. I strongly feel this newly proposed residential development plan still has not realistically addressed or even considered these very same issues that were apparent all those years ago. Since the construction of the new bridge, the neighborhood has changed drastically again. Now, my number one concern is safety along with liability and yet more privacy and noise issues for my tenants. The road traffic, along with foot and bike traffic, has increased since the completion of the bridge and the grand opening of Green Road. The corner of Green Road and Prince William Boulevard is already a huge safety hazard because it is tight, increasingly busier, and much harder to see clearly because of the mature trees, hydro poles, and general visual distractions. It has become extremely difficult to maneuver safely when entering and exiting the driveway at 1599 Green Road. What happens when you add up to 284 residential dwellings into the landscape? I am concerned with the safety implications as well as the insurance liabilities due to more vehicle road and more pedestrian traffic. I am sure you can understand my reason for this reflection. What measures will be taken to ensure that our family, friends, and community will not be put in harm's way? Will I be able to safely get in and out of my driveway? Will my tenants be happy living there? How do I retain any possible shred of privacy? Will I be unfairly responsible for erecting privacy and noise filtering fences? Will the noise level be an issue for sleeping? Will the residential units cast shadows on the yard and gardens? Will my property value decrease? Who will take care of public sidewalks in the winter? How will the school bus routes operate? Will curbside waste collection change? How will mail be accessed? I have been a proud homeowner on Green Road for over 25 years. Now, with these changes, I feel I have been chased out and forced to move on. Bowmanville is a great place to live and raise a family. I hope the Municipality of Clarington will address my concerns and ultimately achieve effective solutions that will alleviate the long-term issues with regards to the impact of Bowmanville West Town Centre development. Sincerely, Scott Muir 16 • Clar wa Planning Services Public 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 13, 2017 Report Number: PSD -015-17 Resolution Number: File Number: S -C-2016-0001, ZBA 2016-0010 By-law Number: Report Subject: Applications by Modo Bowmanville Towns Ltd., Fifty Five Clarington Ltd. and Devon Daniell for a Draft Plan of Subdivision and Rezoning to permit Medium Density (Townhouse) development in the Bowmanville West Town Centre, Bowmanville Recommendations: 1. That Report PSD -015-17 be received; 2. That the application for Draft Plan of Subdivision (S -C-2016-0001) submitted by Modo Bowmanville Towns Ltd., Fifty Five Clarington Ltd. and Devon Daniell be supported subject to conditions as contained in Attachment 1 to Report PSD -015-17; 3. That the Zoning By-law Amendment application (ZBA 2016-0010) submitted by Modo Bowmanville Towns Ltd., Fifty Five Clarington Ltd. and Devon Daniell for Block 1 lands be approved as contained in Attachment 2 to Report PSD -015-17; 4. That once Blocks 1 and 4 are consolidated into one parcel and 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 should Blocks 1 to 4 be subject to future applications for Common Elements Condominium, no further public meeting be required; 6. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -015-17 and Council's decision; and 7. That all interested parties listed in Report PSD -015-17 and any delegations be advised of Council's decision. 17 Municipality of Clarington Report PSD -015-17 Page 2 Report Overview This is a combined public meeting and recommendation report for approval of the applications by Modo Bowmanville Towns Ltd., Fifty Five Clarington Ltd. and Devon Daniell (Kaitlin Corporation). The proposed draft plan of subdivision would create three blocks, 4.7 ha in total, for medium density development having a maximum density of up to 60 units per hectare (up to 283 units). The plan also includes a block for future high density development and would provide for the extension of Clarington Boulevard. At this time, the recommended Zoning By-law Amendment would apply to Block 1 (76 units) only on the north side of future Clarington Boulevard. Approval for the remaining blocks would be recommended at a later date once the various site plan issues are resolved. A second Public Meeting is required to provide proper notice under the Planning Act. Following the June 6, 2016 Public Meeting it became evident that owners of units within two condominium buildings did not receive the statutory notice of the Public Meeting. 1. Application Details 1.1 Owner/Applicant: 1.2 Proposal: 1.3 Area of Draft Plan of Subdivision: 1.4 Location: 1.5 Roll Number: Modo Bowmanville Towns Ltd., Fifty Five Clarington Ltd. and Devon Daniell (Kaitlin Corporation). Proposed Draft Plan of Subdivision To allow the creation of three blocks, 4.7 ha in total, for medium density development having a maximum density of up to 60 units per hectare (up to 283 units); the extension of Clarington Boulevard; a future high density block (0.41 ha); and road widenings. Rezoning To rezone the lands from the existing Agricultural (A) zone to appropriate zones that permit the requested development. 6.254 hectares 1535 and 1569 Green Road, located on the east side of Green Road, south of Prince William Drive, Bowmanville (Part of Lot 16, Concession 1, Former Township of Darlington) 1817 010 020 16900; 1817 010 020 16800; and 1817 010 020 17280 1.6 Within Built Boundary: Yes W Municipality of Clarington Report PSD -015-17 2. Background Page 3 2.1 The subject applications were deemed complete on May 9, 2016. A Public Information Centre was held on May 25, 2016, and a Public Meeting was held June 6, 2016. 2.2 The proposed Draft Plan of Subdivision (Figure 1) would create blocks for medium density residential development (Blocks 1, 2 and 4). The plan also provides for the completion of Clarington Boulevard between Green Road and its terminus just south of Prince William Drive, and the widening of Prince William Boulevard to its ultimate width along the frontage of the subject lands. Block 3 is a High Density block and would be developed together with adjacent lands owned by Fifty Five Clarington Ltd. and which lands would require rezoning and site plan approval prior to development. 2.3 Two site plan applications relating to the subject lands were also received in 2016. The first for 76 units on the north side of Clarington Boulevard (SPA 2016-0010) on Block 1, the second, for 103 units on the south side of future Clarington Boulevard (SPA 2016- 0030) on Block 2. Site Plan details are overlaid onto an aerial photograph shown on Figure 2. A third application for site plan approval at 55 Clarington Boulevard and Block 3 was received February 13, 2017 and proposes two 6 -storey buildings containing a total of 201 apartment units. 2.4 Detailed site plan comments for Block 1 were provided to the applicant in August 2016, followed by a resubmission in December 2016. While site plan approval has not been issued, Staff are in position to recommend approval of the rezoning for Block 1 only while the site plan is finalized. A separate recommendation report will be brought forward for Block 2 once the major site plan issues are resolved. 2.5 Rezoning and site plan approval for Blocks 3 and 4 will be withheld until development can be coordinated together with adjoining properties. 2.6 A number of studies were submitted and circulated for comments. A summary of these reports is included in Section 7 of this report. • Phase I Environmental Site Assessment • Functional Servicing Report • Traffic Impact Study • Noise Study • Energy Conservation and Sustainability Plan • Urban Design Plan • Archaeological Assessment 19 Municipality of Clarington Report PSD -015-17 Figure 1 — Proposed Draft Plan of Subdivision -t- Psoa-i'ss�2 it PART 9. PLPN ^II I, I" INCE '1L M BOULEVARD -J Pury PRINCE 4D'1LLl,4M . r' y� - - — - _ �7- '—'—'—'— — — 'z -.,; 80ULEl/r1RD WIDEF)IN � - _ ------ '7- V 1 _ — — — — — Q Po 1TU r° I � � yi i s T PART 1, PLAN 90R-77251 'F1/ � V y 1g7al2If� N71 -12.20T 10? I � = PART 2, PIAN i BLOCK 4 # rAkA=0.467hC) t MEDIUM DENSITY RESIDENT m Ig !1 _(60-LNRS_PER 1ha 111m ND.ROW N= G B LO C K 1 e "BLOCK 6 m Fa=l.asha) WIDENING)_ MEDIUM DENSITY RESIOEhtAAL K �� (6D UNITS PER 1h..)/' I i I � C � I � j " 4 R �✓c ._.- �'A - K 1 b 'R� Y �... � 9� rLOT 32 LOT 3/B.BTL oA51nN N]T40"E 4C7 ��6l 1 Aa A73 7 za.7G11 n.am v + v A \ �� %— Rivs(B11E 41.w1 BOSW£LC _ v -PROPOSED ALIGNMENT FOR------- bo CLARINGTON BOULEVARD er e,pa,� +�I '\ 7 \ 1U� _ - II \\\ � , V \ \ , J� / / . i iI l T MYLIINI a. BLOCK. 3 6I \ � � ar se mr ss IIT 111r \ 15��pb"a (AREA=0.43ha).. S-�>� 1= }}��.�. A - HIGH DENSITY RESIDENTITIL �� �V ��i % (300.. UNITS PER 1 ha.) (ROAD, WIDENWIG)_/" 2 MEDIUM DENSITY RESIDENTIAL 1 ti I V '1 BO UNITS PER 1 ha. I 9LOC9 to - IF 41 j BENCHMARK: OBM 421-69 ELEV. 86.2 .. / CONCRETE BRIDE CARRYING WAVERLY ROAD OVER HWY. 401 AT / INTERCHANGE 74. 1.3 KM WEST OF INTERCHANGE 75 (JUNCTION HWY 401 AND LIBERTY ST.) AT BOWMANNLLE AND 3.1 KM EAST t HOLT ROAD, TABLET IS SET HORIZONTALLY IN NORTH-EAST FACE OF MOST EASTERLY CONCRETE PILLAR AT SOUTH END OF BRIDG %% / s6 CM ABOVE GROUND LEVEL AND 21.3 M SOUTH OF CENTREU OF HWY 401 20 V KEY PLAN LAND USE SCHEDULE PROPOSED USE LOT/BLK # OF # OFI AREA LOTS BLKS UNITS ha MEDIUM D—H, BLCCK 1 (MOOD} 1 111 1.661 RESIDEM BLACK 2 (MOOD} 1 194 2405 BLOCK 4 (11EJON DPNIELL) 1 26 0,46'] HIGH DENs11Y cN z (MGca) 1 1sa aaza RESIGENnu roTAL 41z Se12 NON RESIDENTIAL READ YIDENING BILCKS 5. 6. 7 3 D ­ TT. .358 ROPD 26.Om ROW D.]44 TOTALS 7 412 6.254 ADDITIONAL INFORMATION REQUIRED UNDER SECTION 51 OF THE PLANNING ACT E NORTH-COMMERCNIL SCUD{ -CANADIAN PACIFlC RAILWAY EAST -OPEN SPACE WEST -RESIDENTIAL H -PIPED MUNICIPAL WATER I -TILL K -ALL MUNICIPAL SERVICES AVAILABLE OWNER'S AUTHORIZATION OWNER'S AUTHORIZATION /WE FIFTY FNE I/wE MODO BOWMANVILLE CLARINGTON MLTD. EING THE TOs�oaroa BEING SUBJECT LW DB HEREBY AUTHORIZER GIFE BIUBJECT LARDS HEREBR AIJIHORIEEDIF E O.G.BIDDLE AND ASSOC. LTD. D.G.SIDDLE AND ASSOC. LTD. (ORIGINAL N SIGNED " c(ORIGINAL SIGNED BY) W1LL/AM J DAN1£LL W/LL/AM J OANIELL slcn6p s cRED WILLKM J DANIELL wwAM 1 G ­ FEBRUARY PATE FEBRUARY 23 2076 PATE FEBRUARY 23, 2016 OWNER'S AUTHORIZATION SURVEYOR'S CERITFlCATE I/WE I HEREBY GERREY THAT THE BOUNDARY DEVON DANIELL OE THE IAN D5 TO BE SUBDIVIDED AS BEING THE REGISTERED DNRFR OF THE SHOWN ON THS PLAN AND THEIR D.G.BIODLEs FWD ASS ELTD. RnccuzRnrELr ulDAcoRRt-cnrNSHawruE TD 6ReaARE Aro suBMR A DRAFTU P R pND�BARNESNMffED OF SUBDIV SON FOR 11—ALL (ORIGINAL SIGNED M (ORIGINAL SIGNED SIGNED �L�B�IELL BICNED D.Ls SCOTT COONS D p,1TE FEBRU4RY 23, 2076 wTL LG 16. 2016 2 REV. TO INCLUDE BLK 3. CLARINGTON BLVD APR/1 BB 1 REVISED BLOCK 2 R/18 BB ue. HenslpN DA,E BY A111.1 REwslDns DRAFT PLAN OF SUBDIVISION PART OF LOT 16, CONCESSION 1 FORMERLY IN THE TOWNSHIP OF DARLINGTON NOW IN THE MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM 17.BNBsddle 6 Asssociates Limited . v consult - -1 near..... d a..P ...... I=HONe (aoe)ene_eaoo^'n ax (oos)me Bao SCALE: 1:750 115152 DRAWN B)I B.B. DESIGN BY: M.B.C. D P _ CHECKED BY: M.B.C. 1 PLOT DATE: 12/x1/21111 Page 4 Municipality of Clarington Report PSD -015-17 Page 5 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are relatively flat, and predominantly vacant. Dwellings and buildings at 1535 and 1569 Green Road are to be demolished prior to development. A line of mature trees exist along a portion of the Green Road frontage, however no significant environmental features are present on or near the site. 3.2 The surrounding uses are as follows: North - Existing commercial and retail development South - CP Railway; existing low-rise apartment buildings along Aspen Spring Drive East - Vacant lands (future High Density site) and municipal park; existing apartment buildings West - Municipal park and existing single detached residential dwellings Figure 2 — Subject lands showing initial Site Plan details ro is w _ Existing Commercial Uses;PP U = p w (D ^ _ ULEVARD zO ti, �- -} r Existing GO m t y 1 Site Municipal Park O Proposed #' _ Townhouse Development Limit of Draft Plan - (up to`139 units] of Subdivision and Rezoning ;" EXTENSION OF CLARINGTON BLVD , Future GO Future High Density Site Development r� Proposed Approved Apartment Under Construction o z Townhouse � ,�", Development- ,Raa � i; m {up to 144 unit Ge r _ ASP Existing Park } v ♦ .• •'`' �, y. ., FRY CRE a" t e: r I g14i 90 I 1 }} i ZBA 2016-0010- sc 2016-DOo1 d �~ 21 Municipality of Clarington Report PSD -015-17 4. Provincial Policy 4.1 Provincial Policy Statement Page 6 The Provincial Policy Statement identifies settlement areas as the focus of growth. Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. Opportunities for redevelopment and intensification must be promoted. Municipalities must provide a variety of housing types and densities, and a range of housing options that are affordable to the area residents. Healthy and active communities should be promoted by planning public streets to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. The subject applications are consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan 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. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the built up area. The subject applications conform to the Growth Plan for the Greater Golden Horseshoe. 5. Official Plans 5.1 Durham Regional Official Plan The subject lands are within a Regional Centre. Regional Centres provide a full array of institutional, commercial, major retail, residential, recreational, cultural, entertainment and major office uses. Regional Centres function as places of symbolic and physical interest for the residents, and shall provide identity to the area municipalities within which they are located. Regional Centres shall support an overall, long-term density target of at least 75 residential units per gross hectare and a floor space index of 2.5. Minimum gross densities are measured over the entire Secondary Plan area. 22 Municipality of Clarington Report PSD -015-17 Page 7 Development in Regional Centres shall be based on the following principles: • Compact urban form which is transit -supportive; • Provides a mix of uses and opportunities for intensification; • Follows good urban design principles with focus on public spaces and pedestrian connections, with parking to the rear or within buildings; and • Enhances grid connections for pedestrians and cyclists. The development is near a Regional Transit Spine which facilitates inter -regional and inter -municipal transit services along arterial roads (GO Transit), and intersects with local transit services (Durham Regional Transit). Development along Transit Spines shall provide for complimentary higher densities and mixed uses in accordance with the Regional Corridor policies. Green Road is identified as Type B Arterial Road and private access points are generally spaced a minimum of 80 metres apart in Urban Areas. As the site is adjacent to an arterial road and the railway, noise and vibration impacts must be mitigated in accordance with Ministry of Environment guidelines. Lands are within the Built Boundary. On an annual basis, urban areas across the Region shall be planned to accommodate a minimum 40 percent of all residential development occurring annually through intensification within built-up areas. The target for Clarington is 32 percent. The subject applications conform to the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the lands as a Town Centre. The lands are designated Town Centre and are within Bowmanville West Town Centre Secondary Plan area. The West Town Centre has a housing target of 1900 units, including 1500 high density units and 400 medium density units. The Bowmanville West Town Centre will be planned and developed as a centre of regional significance providing the highest level of retail and service uses and are the primary focal point of cultural, community, recreational and institutional uses in Clarington. Town Centres provide a mix of uses, encourage active street life, and develop in a manner that supports transit and pedestrian connectivity. The urban design policies of the Town Centre designation are implemented through the review and approval of development applications. Green Road is identified as an arterial road consistent with the Durham Regional Official Plan. 23 Municipality of Clarington Report PSD -015-17 The subject applications conform to the Clarington Official Plan. 5.3 Clarington Official Plan as Amended by Amendment 107 Page 8 On November 1, 2016, Council adopted the Official Plan Amendment 107 to bring the Clarington Official Plan into conformity with the Regional Official Plan and provincial policies. The amended Clarington Official Plan establishes urban structure typologies and built form directives for Centres, Corridors, Transportation Hubs, Waterfront Places, Edge of Neighbourhoods, Along Arterial Roads and Internal to Neighbourhoods. The subject lands are within an "Urban Centre". A mix of mid- and high-rise development (between 4- 12 storeys) is permitted, with a minimum net density of 120 units per net hectare. Urban Centres are part of Priority Intensification Areas which are the primary locations to accommodate growth and the greatest mix of uses, heights and densities. The site is located near the Transportation Hub being the location of existing and future GO Transit facilities, and also in close proximity to the Regional Transit Spine (Highway 2). The subject applications do not achieve the minimum net density of 120 units per net hectare. 5.4 Bowmanville West Town Centre Secondary Plan The subject lands are designated as Medium Density Residential in the Bowmanville West Town Centre Secondary Plan. The designation allows for residential development having a density between 31 and 60 units per hectare. Permitted dwelling types include townhouses, stacked townhouses, and low rise apartment buildings not exceeding three storeys in height. In addition to the Urban Design and Town Centre policies that give direction to site plan design, the Bowmanville West Town Centre Secondary Plan contains detailed Urban Design policies, including an Urban Design Guideline, and policies specific to residential buildings and site layout. The Secondary Plan policies need to be updated to comply with the provisions of the Clarington Official Plan as amended by OPA 107. The subject applications conform to the Bowmanville West Town Centre Secondary Plan. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone. A rezoning is required to implement the proposed Draft Plan of Subdivision and to place the lands in appropriate residential zones. 24 Municipality of Clarington Report PSD -015-17 7. Summary of Background Studies 7.1 Urban Design Plan Page 9 The Urban Design Plan submitted with the applications provided a design direction for both site plan areas north and south of Clarington Boulevard. A revised Urban Design Brief for Block 1 was submitted in early 2017. The report is generally acceptable at this stage; recommending approval of the proposed Draft Plan of Subdivision and Rezoning; and, satisfies the Urban Design Policies of the Clarington Official Plan and Bowmanville West Town Centre Secondary Plan. Urban Design details will continue to be reviewed as the site plan for Block 1 is finalized. 7.2 Functional Servicing Report The Functional Servicing Report submitted with the applications was deemed acceptable by Engineering Services and CLOCA. The development will connect to existing services available in the vicinity of the development. Existing services were previously sized to accommodate the subject development, including the Aspen Springs stormwater management pond. The applicant has submitted detailed design drawings for final approval and is nearing completion. 7.3 Traffic Impact Study The Traffic Impact Study assessed current and future traffic conditions, and modelled the new residential developments together with the completion of Clarington Boulevard. The study did not find any capacity or design issues to be addressed as a result of the proposed developments. 7.4 Noise and Vibration Feasibility Study The Noise and Vibration Feasibility Study assesses both road and railway noise in accordance with Ministry of Environment and Climate Change (MOECC) guidelines. To mitigate noise impacts from road and rail traffic, certain units require central air conditioning; upgraded building and glazing constructions; and possibly acoustical fencing/berming (to be determined at the detailed design stage). The study finds that vibration levels are below the Canadian Pacific (CP) Railway and MOECC Guidelines, and vibration mitigation measures are not required. An updated Noise Study, based on final grading and site design, will be required as a condition of final approval to ensure the Subdivision and Site Plan Agreements include appropriate conditions to mitigate noise and warning clauses. 25 Municipality of Clarington Report PSD -015-17 7.5 Energy Conservation and Sustainability Plan Page 10 The Energy Conservation and Sustainability Plan submitted with the applications provides a high level summary of sustainable development features of the development such as a compact built form and design for electric vehicle use. The report is generally acceptable at this stage, and satisfies the policies of the Clarington Official Plan and Bowmanville West Town Centre Secondary Plan. Sustainable development measures will continue to be reviewed as the site plan for Block 1 is finalized. 7.6 Archaeological Assessment A Stage 1 and 2 Archaeological Assessment was completed for the subject lands. The assessment did not identify any archaeological resources or sites requiring further assessment and no further study is required. 7.7 Phase I Environmental Site Assessment The Phase One Environmental Site Assessment does not identify any potential for environmental issues and no further study is required. 8. Public Submissions 8.1 A combined notice of the Public Information Centre and Public Meeting was mailed on May 11, 2016 and details of the application were also included in the Planning Services Department E -update. 8.2 The Public Information Centre was held May 25, 2016 at the Holy Family Elementary School on Aspen Springs Drive in Bowmanville. 8.3 At the Public Meeting held on June 6, 2016, 3 local residents spoke in opposition and resident raised concerns with the applications. 8.4 A second Notice of Public Meeting was mailed on February 20, 2017 to capture all owners within 120 metres of the subject lands including condominium owners within two condominium buildings that did not receive the original notice. During the public process in 2016 it was brought to staff's attention that some condominium owners did not receive notice. This has been resolved internally through the GIS program that generates mailing lists. Providing this second Public Meeting will ensure all statutory notice requirements under the Planning Act are met. 8.5 During the public process, concerns raised related to: Traffic, construction traffic, and intersection improvements; Built form, density, height and design of units; Phasing of development; 26 Municipality of Clarington Report PSD -015-17 Page 11 • Impacts to remaining property at southeast corner of Green Road and Prince William Boulevard; • Privacy and overlook from terraces; • Protection and preservation of mature trees on Green Road. Sections 11.3 to 11.6 of the report addresses the comments received. 9. Agency Comments 9.1 Regional Municipality of Durham Regional Planning confirms that the densities generated by the development is in keeping with the Regional Official Plan. No concerns were raised from a servicing or transportation perspective. The Region has provided standard conditions of to be included in the approval of the Draft Plan of Subdivision, including those under the Region's jurisdiction relating to site contamination, noise impacts and archaeological potential. 9.2 Central Lake Ontario Conservation Authority Central Lake Ontario Conservation Authority has no objection to the proposed Draft Plan of Subdivision and Rezoning, and have forwarded standard conditions of approval. The Conservation Authority will continue to be involved in final stormwater management design of the subdivision and approval of the site plans. 9.3 CN Railway CN Railway has no objections and their standard conditions of approval are included in the approval. 9.4 Kawartha Pine Ridge District School Board Kawartha Pine Ridge District School Board has no objections. Students would attend Ross Tilley Public School and Clarington Central Secondary School. 9.5 Canada Post Canada Post has no objections and has provided technical comments for consideration during the detailed design process. 9.6 Other Agencies Rogers and Enbridge have no objections to the application. 27 Municipality of Clarington Report PSD -015-17 10. Departmental Comments 10.1 Engineering Services Page 12 At the Public Meeting stage Engineering Services provided preliminary comments relating to traffic; grading, drainage and stormwater management; road improvements; entrances and phasing. The applicant submitted a detailed engineering submission for the extension of Clarington Boulevard which is nearing final approval. Many of the issues have been addressed through this process and Engineering Services has no objection the approval of the Draft Plan of Subdivision and Rezoning. Engineering staff will continue to be involved during the detailed design of the subdivision, and site plan approvals for each block. 10.2 Emergency and Fire Services No concerns with the proposed plan of subdivision and rezoning. 10.3 Operations Department No objections with the proposed plan of subdivision and rezoning. 11. Discussion 11.1 This site is located within the Bowmanville West Town Centre (BWTC). The development would integrate well with existing and planned uses as provided for in the Bowmanville West Town Centre Secondary Plan. The site will also function as a transition between mid -rise high density buildings to the east and existing low density development on the west side of Green Road. 11.2 The draft plan of subdivision proposes a density of approximately 60 units per hectare. The site plan submitted for Block 1 proposes a total of 76 units on 1.85 hectares for a density of 43 units per net hectare. The proposed buildings are three storeys or less, although some units have a rooftop terrace. 11.3 Density, Built form & Urban Design There are many factors to consider in determining the appropriate density for this site. On one hand the Region's Official Plan recommends a target of 75 units per hectare measured across the Town Centre area, and the new Clarington Official Plan establishes a minimum target of 120 units per hectare on a site by site basis. The BWTC Secondary Plan recommends a target of between 31 and 60 units per hectare, and limits height to three storeys. This Secondary Plan will need to be amended to bring it into conformity with the current Regional Official Plan and newly adopted Clarington Official Plan. Municipality of Clarington Report PSD -015-17 Page 13 Much of the initial design and planning for the site occurred in advance of new policy directions at the local level. However when assessing future developments across the Town Centre, there are multiple apartment and high density sites that will be seeking approvals in the near future. This development, and all future higher density developments, will take advantage of intensification opportunities around the transit hub. Although some residents expressed concern with the density, in consideration of the overall policy regime, staff are satisfied that the density is appropriate for the subject development, and that the proposed townhouse developments will provide a mix of dwelling types and affordability, which are also key objectives of the Official Plan. The current plan also functions as an appropriate transition between apartment proposals to the east, and existing low-rise residential neighbourhood to the west. The general site layout of Block 1 and the proposed contemporary architecture is acceptable for the purposes of recommending approval of the Draft Plan of Subdivision and Rezoning. Urban design details will continue to be reviewed as the site plans for the subject lands are finalized. 11.4 Traffic and Entrances The traffic network for the area was designed to accommodate the target densities for the BWTC Secondary Plan area. While the public raised concerns about impacts to traffic, Green Road is an arterial road and designed to accommodate significant amounts of traffic. Prince William Boulevard and Clarington Boulevard are designed as collector roads and access to the townhouse developments will be planned to avoid any potential for conflicts. Engineering staff indicate that traffic control options at the intersection of Clarington Boulevard and Green Road will be implemented, including a future roundabout, currently in the forecast budget for 2018. Prince William Boulevard will be constructed to an interim standard until the full road widening can be acquired from 1599 Green Road at the southeast corner of Green Road at Prince William Boulevard. There is no technical reason why the development cannot proceed with Prince William Boulevard constructed in a phased manner. 11.5 Overlook and Privacy Preliminary designs for units along Green Road show a mix of rooftop terraces above the third storey, traditional and juliette balconies. The residents on the west side of Green Road are concerned that balconies encourage overlook to the west. At this time, staff are not recommending rezoning of lands adjacent to Green Road. Urban design policies encourage balconies and terraces to add interest to the building facade and to animate the street. Preliminary designs indicate that each of these units fronting on to Green Road will have a private 2nd storey rear deck above their garage which will provide another opportunity for outdoor amenity space. Green Road will have a 29 Municipality of Clarington Report PSD -015-17 Page 14 30 metres wide road allowance in the vicinity of these units minimizing the direct impact of potential future overlook. 11.6 Phasing of Development of Adjacent Lands As mentioned above, Staff recommend approval of the draft plan of subdivision to create the medium density/townhouse Blocks 1, 2 and 4, and the high density Block 3, but to only rezone Block 1 at this time to allow the 76 townhouse units to proceed to final site plan approval (see Figure 3). PRINCE WILLIAM BOULEVARD 19AM ROAD WIDEPM 7IDN IIIll �UI IN 1 B' IL IN 3 ' BUILDRA 4 fi _�_- -_ _ _ _ - _� _ .ate. - -• in W -- ry/ _ _,—_— ILL• AMENI7Y SPACE -- - - - - 573.82 m2 ---- - - PART 1. PLAN 1OR-353 B1 IL IN$ 6 ---------- --------�- -- UI If� 81l il-- BgILuINGiB l Il I I I I I PROPOSED ALIGNMENT FOR f cLARINGTON BOULEVARD .. "- Reverse Frontage Townhouse Traditional Townhouse Figure 3 - Proposed Site Plan for Block 1 30 Municipality of Clarington Report PSD -015-17 Page 15 The development of the lands between Prince William Boulevard and Clarington Boulevard is complicated due to multiple ownership and restricted locations for entrances. All entrances will be contained in Block 1. The owner of the subject lands does not own the lands at the southeast corner of Prince William Boulevard and Green Road (1599 Green Road). Block 1 is proposed to be designed to allow Block 4 and 1599 Green Road to develop based on extension of private roads. Conditions of Draft Approval as provided to try to ensure comprehensive development plan so that neither the owner of 1599 Green Road or the applicant are prejudiced from fulfilling the development concept for the area. A condition for lifting the holding symbol on Block 1 is that this parcel be consolidated with Block 4 and that only one condominium corporation be registered. It would be preferable to include 1599 Green Road as well but this does not appear to be feasible at this time since the parcel is under contract to another party. Applications for Block 2 are under review and a future Recommendation Report will be prepared at a later date. Future development of these lands will require separate rezoning, site plan and condominium applications. Servicing and access will be co- ordinated between the townhouse and apartment developments. 11.7 Tree Removal Residents have concerns about tree removal on the subject lands and specifically along the east side of Green Road. The applicant will be required to submit a tree preservation plan prior to any onsite works which will assess any trees in the development plan. There is not a significant number of trees on the property, therefore there are limited opportunities for protection. Some will be impacted by the alignment of Clarington Boulevard, others will be impacted by grading. Certain trees are also within the municipal road allowance. A tree within the road allowance was removed in 2016 as a result of being identified as a hazard and a safety issue in the right-of-way. Staff will continue to address tree preservation during the detailed design. 11.8 Parkland There are two parkettes planned for the Bowmanville West Town Centre on the south side of Durham Highway 2, one being Prince William parkette immediately east of the subject site. The G.B. Rickard complex is on the north side. There are also future parklands on the north side of Stephens Road within the Bowmanville West Town Centre. In addition, there is a neighbourhood park immediately west of the plan of subdivision on the west side of Green Road, south of Boswell. In light of the above, it is determined that there is no need for additional parkland and that payment -in -lieu will be required. 31 Municipality of Clarington Report PSD -015-17 11.9 Draft Approval of Plan of Subdivision Page 16 Attachment 1 contains the Recommended Conditions of Draft Approval. Conditions of Draft Approval include all recommended conditions from staff and agencies. The owner provided written concurrence on the conditions. 11.10 Zoning By -Law Amendment for Block 1 Attachment 2 contains the recommended Zoning By-law Amendment for Block 1. The Zoning By-law Amendment would place lands in a Residential Exception Zone that permits the townhouse development and establishes regulations that would be applicable to the individual parcels -of -tied -land. Staff will recommend approval of subsequent zoning by-law amendments for Block 2 and Block 4 once major site plan issues are resolved. Block 3 will be considered as part of recent applications for 55 Clarington Boulevard. 11.11 Taxes are owing to the Municipality of Clarington although the applicant has indicated they will be paid before Planning & Development Committee. Staff will confirm by memo in advance of the Committee meeting 12. Concurrence Not applicable. 13. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the application for a Draft Plan of Subdivision and the application for Rezoning for Block 1, as submitted by Kaitlin Corporation, be approved. 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. 32 Municipality of Clarington Report PSD -015-17 Page 17 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO, Director of Planning Services Interim CAO Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or ataylorscott(a-clarington.net. Attachments: Attachment 1 — Proposed Conditions of Draft Approval Attachment 2 — Proposed Zoning By-law Amendment for Block List of interested parties to be notified of Council's decision is on file in the Planning Services Department. IAADepartment\LDO NEW FILING SYSTEMWpplication Files\SC Subdivision\S-C 2016\S -C-2016-0001 Kaitlin West Town Centre\Staff Reports\PSD-015-17.docx 33 Municiaality of Clarin Clarington Conditions of Draft Approval File Number: S -C-2016-0001 Date: August 31, 2016 Part 1 - Plan Identification Attachment 1 to Report PSD -015-17 The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S -C-2016-0001 prepared by D.G. Biddle & Associates Limited identified as job number 115152, dated April 2016, which illustrates 4 blocks for residential development, up to 412 units on 6.254 hectares, including road widenings and the extension of Clarington Boulevard. Revisions: Add 0.3 m reserve along Green Road in front of Blocks 2 and 4 2. Place the 0.7 m strip of land south of Block 4 in a separate block so that it may be melded with Block 4 3. Delete references to "medium density residential" and "high density residential" Part 2 — General 2.1 The Owner shall enter into a subdivision agreement with the Corporation of the Municipality of Clarington (the "Municipality") that contains all of the terms and conditions of the Municipality's standard subdivision agreement respecting the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this plan of subdivision. A copy of the Municipality's standard subdivision agreement can be found at http://clarington.net/documents/planning/subdivision-agreement-feb20l 4.pdf 2.2 Prior to final approval of the draft plan of subdivision, the lands must be placed in appropriate residential zones to implement the draft approved plan of subdivision to the satisfaction of the Director of Planning Services.. 2.3 The Owner shall name all road allowances included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the "Region"). 2.4 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. Page 11 34 Architectural Control 2.5 (1) The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the cost for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. (2) No residential units shall be offered for sale to the public on the draft plan until such time as architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning Services. (3) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan, until the architectural control guidelines for the development and the exterior architectural design of each building and the location of the building on the lot has been approved by the Director of Planning Services. Marketing and Sales 2.6 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning Services. (2) The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning Services. (3) The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning Services which includes all warning clauses/ notices prior to any residential units being offered for sale to the public. Site Alteration 2.7 Draft plan approval does not give the Owner permission to place or dump fill or remove fill from, or alter the grade of any portion of the lands within the draft plan. The Owner shall be required to obtain a permit from the Municipality under Site Alteration By-law 2008-114, as amended, for any such work. If any portion of the lands are within an area regulated by a conservation authority, the Owner shall obtain a permit from the conservation authority in addition to obtaining approval from the Director of Engineering Services regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, dust control and road damage. After registration of a subdivision agreement, the provisions of the Municipality's standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. Page 12 35 Part 3 - Final Plan Requirements 3.1 The following road allowances shown on the draft plan shall be dedicated to the Municipality upon registration of the final plan: (a) Clarington Boulevard 3.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: (a) Road Widenings • A 13 metre road widening across the entire frontage of Prince William Boulevard shown as Block 5 on the draft plan. • A 5 metre road widening across the entire frontage of Green Road as shown as Blocks 6 and 7 on the draft plan. (b) Sight Triangles • A 5 metre x 15 metre sight triangle at the corners of the intersection of Green Road and Clarington Boulevard and shown as Blocks 6 and 7 on the draft plan. (c) Reserves • 0.3 metre reserves shown as Blocks and on the draft plan. Part 4 —Plans and Reports Required Prior to Subdivision Agreement/Final Plan Registration 4.1 The Owner shall submit the following plans and report or revisions thereof: Noise Report (1) The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Region, for review and approval, an updated noise report, based on the preliminary noise report entitled Noise and Vibration Feasibility Study, prepared by HGC Engineering Limited, dated April 1, 2016. (2) The Owner further agrees that future site plan applications require the submission and implementation of detailed noise reports to assess noise impacts from road and rail traffic to units within the site plan area. Additional provisions and warning clauses shall be incorporated into the site plan agreement. Future noise reports shall consider the phasing of development, and should Block 1 develop in advance of Block 2, the Noise Consultant shall assess noise levels in the absence of buildings on Block 2. Page 13 36 Functional Servicing (3) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Engineering Services and Central Lake Ontario Conservation Authority. Environmental Sustainability Plan (4) The Owner shall submit an update of the Environmental Sustainability Plan based on the preliminary Environmental Sustainability Plan submitted with the application April 4, 2016, to the satisfaction of the Director of Planning Services. Such plan shall identify the measures that the Owner will undertake to conserve energy and water in excess of the standards of the Ontario Building Code, reduce waste, increase recycling of construction materials and utilize non-toxic, environmentally sustainable materials and finishes. The plan shall include the location of a shade tree, or provision for a voucher from a local nursery to allow the purchaser to acquire a shade tree to provide passive solar gain during the various seasons. Soils Management Plan (5) Prior to Authorization to Commence, the Owner shall provide a Soils Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide information respecting but not limited to any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the Lands. All imported material must originate from within the Municipality of Clarington. The Owner shall comply with all aspects of the approved Soils Management Plan. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage. Part 5—Saecial Terms and Conditions to be Included In the Subdivision Agreement Phasing 5.1 The draft plan of subdivision, including the construction of Clarington Boulevard and widening of Prince William Boulevard, shall be constructed in a single phase. Phasing of development within the blocks shall be reviewed at the time of site plan approval. Lands Requiring Rezoning and Site Plan Approval 5.2 The owner shall not make an application for a building permit in respect of Blocks 1, 2, 3 and 4 until the Owner has received zoning and site plan approval from the Page 14 37 Municipality under Sections 34 and 41 of the Planning Act, R.S.O. 1990, C.P.13., respectively. Clarington Boulevard and Prince William Boulevard 5.3 The owner will be 100% responsible for the construction of the Clarington Boulevard extension from the existing western terminus to Green Road to a full urban standard. The road section will match the existing road section for Clarington Boulevard. First submission engineering drawings for the extension have been submitted to the Municipality and are currently under review. Clarington Boulevard is subject to a Development Charge oversizing refund based on the width of the travelled portion greater than 10 m. Prince William Boulevard will also be constructed to a full urban standard across the frontage of these lands consistent with the section of Prince William Boulevard east of these lands at 100% cost to the applicant and to the satisfaction of the Director of Engineering Services. 5.4 The owner agrees to construct Clarington Boulevard and Prince William Boulevard in accordance with the Bowmanville West Town Centre Streetscape Implementation Guidelines. Coordination of Access Driveways 5.5 Prior to site plan approval of any Block within the plan of subdivision, an overall access plan for Blocks 1, 2 3, and 4 shall be approved to the satisfaction of the Director of Engineering Services. The Owner agrees that adjustment to final block boundaries may be required prior to registration of the final plan of subdivision to accommodate the approved entrance locations. Reimbursement for Green Road Storm Sewer 5.6 The Owner shall reimburse the Municipality of Clarington for the installation of a 450 mm storm sewer connection (just north of the CPR tracks) in the amount of $13,500 plus HST. Parkland 5.7 The Owner shall make a payment -in -lieu of parkland dedication under the Planning Act based on the value of the land that would otherwise be required to be conveyed to the Municipality calculated on of 5% of the land area or 0.25 hectares per 300 units, whichever is greater. Noise Attenuation 5.8 (1) The Owner shall implement the noise attenuation measures and warning clauses recommended in the updated noise report entitled Noise and Vibration Feasibility Study, prepared by HGC Engineering Limited, dated April 1, 2016. Page 15 (2) The Owner shall not make an application for a building permit for any building on the Lands until an acoustic engineer has certified that the plans for the building are in accordance with the Noise Report. Pre -servicing of Blocks 5.9 Blocks 1, 2, 3 and 4 shall be (a) pre -serviced with water, sanitary and storm sewers, and (b) graded, seeded and maintained by the Owner to the satisfaction of the Director of Engineering Services. Temporary Turning Circles 5.10 Where proposed road connects to existing temporary turning circle, the Owner shall restore all areas to municipal standards. This includes curbs, sidewalks, asphalt, drainage, boulevard topsoil and sod, street trees and streetlighting relocations, all to the satisfaction of the Director of Engineering Services. Fencing 5.11 Decorative fencing must be installed along the east side of Block 1 adjacent to the municipal park and shall be determined at the site plan approval stage to the satisfaction of the Director of Planning Services and the Director of Engineering Services. 5.12 The Owner agrees to install fencing on along the common property line of the Railway in accordance with the CP Railway requirements. 5.13 The Owner agrees to install privacy fencing along the west property of Block 1 and the north property line of Block 4 where it abuts lands external to the draft plan of subdivision. Existing Structures 5.14 The Owner shall obtain demolition permit(s) to remove all existing buildings and structures from the Lands, unless such buildings or structures are to be preserved for heritage purposes. Condominium Approvals 5.15 The Municipality of Clarington prefers to see Block 1, Block 4 and 1599 Green Road develop as a comprehensive coordinated single development. This may require front -ending and oversizing of services on a single block or combination of blocks. The Owner agrees that: 1. The outdoor amenity space for Blocks 1, 4 and 1599 Green Road will be provided in one area on Block 1 or adjacent parcels on Block 1 and 4 based on 14 dwelling unit; Page 16 39 2. That utility areas, including transformers, water meters and mailboxes, to service dwellings located Blocks 1, 4 and 1599 Green Road will be provided in an area or areas on Block 1 and/or Block 4 and will sized and located appropriately to accommodate the development of 14 units being constructed at 1599 Green Road; 3. That Blocks 1 and 4 and preferably the lands at 1599 Green Road will be registered as one condominium corporation; 4. That site plans submitted for Blocks 1 and 4 will provide all infrastructure (water, sanitary sewer, storm water, utilities, etc.) and laneways to the limits of the boundary with 1599 Green Road with no physical or legal impediment for the extension of services, laneways, garbage collection or other functions; and 5. That in the event that the lands at 1599 Green Road are not incorporated into the condominium corporation for Blocks 1 and 4, the Owner will provide all cross - easements necessary for the development of the lands at 1599 Green Road. Part 6 — Agency Conditions 6.1 Region of Durham (1) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. (2) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (3) The Owner shall grant to the Region any easements required for provision of Regional services for this development and these easements shall be in the location and of such widths as determined by the Region. (4) Prior to final approval, the Owner shall provide the Region of Durham a Reliance Letter and a Certificate of Insurance for the Phase One Environmental Site Assessment, prepared by GHD, dated September 2015 for the Region's review and approval. (5) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a Page 17 HE subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 6.2 Conservation Authority (1) Prior to any on-site grading or construction of final registration of the Plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: (a) The intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. and the West Side Creek Master Drainage Plan; (b) The intended means of providing water quality treatment for the site in accordance with provincial guidelines and the West Side Creek Master Drainage Plan; (c) The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, and (d) Details on the types and use of Low Impact Development (LID) measures to be implemented within the development to assist in reducing stormwater runoff and encouraging infiltration. (2) The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. (3) The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: (a) The Owner agrees to carry out the works referred to in Condition 1 and 2 to the satisfaction of the Central Lake Ontario Conservation Authority; (b) The Owner agrees to maintain all stormwater and erosion and sediment control structures and measures operation and in good repair during the construction period, in a manner satisfactory to Central Lake Ontario Conservation Authority; and (c) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to the commencing of grading or initiation of any on-site works. Page 18 41 6.3 Canadian Pacific Railway (1) The Owner agrees to construct a berm, or combination berm and noise attenuation fence, having extensions or returns at the ends, to be erected on lands within the Plan of Subdivision and parallel to the railway right-of-way with construction according to the following: (a) Minimum total height 5.5 metres above top -of -rail; (b) Berm minimum height 2.5 metres and side slopes not steeper than 2.5 to 1; and (c) Fence or wall, to be constructed without openings and of a durable material weighing not less than 20 kg per square metre (4 lbs./sq. ft.) of surface area. No part of the berm/noise barrier is to be constructed on railway property. (2) The Owner shall insert a clause in all Offers of Purchase and Sale or Lease, and be registered on title or included in the lease for each dwelling affected by any noise and vibration attenuation measures, advising that any berm, fencing, or vibration isolation features implemented are not be to tampered with or altered, and further that the Owner shall have the sole responsibility for, and shall maintain these features. (3) Dwellings must be constructed such that the interior noise levels meet the criteria of the appropriate Ministry. A noise study should be carried out by a professional noise consultant to determine what impact, if any, railway noise would have on residents of proposed subdivisions and to recommend mitigation measures, if required. The Railway may consider other measures recommended by the study. (4) Setback of dwellings from the railway right-of-way to be a minimum of 30 metres. While no dwelling should be closer to the right-of-way than the specified setback, an unoccupied building, such as a garage, may be built closer. The 2.5 metre high earth berm adjacent to the right-of-way must be provided in all instances. (5) Ground vibration transmission to be estimated through site tests. If in excess of the acceptable levels, all dwellings within 75 metres of the nearest railway track should be protected. The measure employed may be: (a) Support the building on rubber pads between the foundation and the occupied structure so that the maximum vertical natural frequency of the structure on the pads is 12 1-12; (b) Insulate the building from the vibration originating at the railway tracks by an intervening discontinuity or by installing adequate insulation Page 19 42 outside the building, protected from the compaction that would reduce its effectiveness so that vibration in the building became unacceptable; (c) Other suitable measures that will retain their effectiveness over time. (6) The Owner shall insert a clause in all Offers of Purchase and Sale or Lease and in the title deed or lease of each dwelling within 300 m of the railway right-of-way warning prospective purchasers or tenants of the existence of the Railway's operating right-of-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations. (7) The Owner shall obtain concurrence from the Railway should any proposed alterations to the existing drainage pattern affect railway property, and be substantiated by a drainage report to be reviewed by the Railway. (8) The Owner shall construct and maintain a 1.83 metre high chain link security fence along the common property line of the Railway and the development by the Owner at his expense, and the Owner is made aware of the necessity of including a covenant running with the lands, in all deeds, obliging the purchasers of the land to maintain the fence in a satisfactory condition at their expense. (9) The Owner shall obtain approvals from the Railway should any proposed utilities under or over railway property to serve the development prior to their installation and be covered by the Railway's standard agreement. 6.4 Canada Post Corporation (1) The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision Lands and the provision of community mailbox locations, as follows: (a) The Owner shall advise Canada Post as to the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. (b) If applicable, the Owner shall ensure that any street facing installs have a pressed curb or curb cut. (c) The Owner shall advise Canada Post as to the expected first occupancy date and ensure the site is accessible to Canada Post 24 hours a day. (d) The Owner will consult with Canada Post and the Municipality to determine suitable permanent locations for the Community Mail Boxes. Page 110 43 The Owner will then indicate these locations on the appropriate servicing plans. (e) The Owner agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post. (f) The Owner will provide a suitable and safe temporary site for a Community Mail Boxes upon approval of the Municipality (that is levelled with appropriate sized patio stones and free of tripping hazards), until curbs, sidewalks and final grading are completed at the permanent locations. Canada Post will provide mail delivery to new residents as soon as the homes or units are occupied. (g) Owner agrees to provide the following for each Community Mail Boxes and to include these requirements on the appropriate servicing plans (if applicable): i) Any required walkway across the boulevard, per municipal standards; and ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). 6.5 Utilities (1) The Owner shall coordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities to the satisfaction of the Director of Engineering Services. (2) All utilities will be installed within the proposed road allowances. Where this is not possible, easements will be provided at no cost to the utility provider. Proposed easements are not permitted on lands owned by the Municipality unless it can be demonstrated that there is no other alternative. Such easements must not impede the long term use of the lands and will be at the discretion of the Director of Engineering Services. (3) The Owner shall cause all utilities, including hydro, telephone, and cable television within the streets of this development to be installed underground for both primary and secondary services. Part 7 — Standard Notices and Warnings 7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27. Page 111 MI 7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality's standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks. 7.3 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: Railway, Noise and Fencing (1) The Owner shall include the following notice (Type A) in the Agreements of Purchase and Sale for all lots and blocks within this plan: "Purchasers/tenants are advised that despite the inclusion of noise control features in the design of the subdivision and individual units, noise levels from road and rail traffic may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Ministry of Environment and Climate Change" (2) The Owner shall include the following notice (Type C) in the Agreements of Purchase and Sale for all applicable units in Block 2: "The dwelling unit located on this lot has been equipped with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the noise criteria of the Ministry of the Environment and Climate Change." (3) The Owner shall include the following notice (Type B) in the Agreements of Purchase and Sale for all applicable units in Blocks 1, 2 and 4: "This dwelling unit was fitted with a forced air heating system and the ducting etc. sized to accommodate a central air conditioning unit. The installation of central air conditioning by the homeowner will allow windows and exterior doors to be kept closed, thereby achieving indoor sound levels within the limits recommended by the Ministry of the Environment. (Note: The location and installation of the outdoor air conditioning device should be done so as to comply with noise criteria of Ministry of Environment and Climate Change publication NPC -216, Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject property)." (4) The Owner shall include the following notice (Type E) in the Agreements of Purchase and Sale for all lots and blocks with this plan: "The Owner shall insert a clause in all Offers of Purchase and Sale or Lease and in the title deed or lease of each dwelling within 300 m of the railway right-of-way, warning prospective purchasers or tenants of the existence of the Railway's operating right-of-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the Page 112 45 inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations." (5) The Owner shall include the following notice in the Agreements of Purchase and Sale for all applicable units in Block 2: "Railway Fencing — The berm, fencing and/or other noise attenuation measures on this lot have been constructed in compliance with the recommendations of the noise and vibration attenuation report prepared by HGC Engineering, dated April 1, 2016. These features are not to be tampered with or altered and further that the owner of the lot shall have the sole responsibility for the maintenance of these measures to the satisfaction of Canadian Pacific Railway and the Municipality of Clarington. The Owner is obligated to construct a 1.83 metre high chain link fence along the common property line of the Railway and this lot, but it will be the obligation of the owner of the lot to maintain the fence in a satisfactory condition at their expense." (6) The Owner shall include the following warning clause in agreements of purchase and sale for all lots and blocks within the plan: "Purchasers and tenants are notified that despite measures to attenuate noise caused by the adjacent railway, whistling from oncoming trains may be heard on a regular basis. Train whistling protocol is regulated and enforced by Transport Canada." Canada Post Corporation The Owner shall include the following notice in the agreements of purchase and sale for all lots: "Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision." Part 8 - Clearance 8.1 Prior to final approval of the plan for registration, the Municipality's Director of Planning Services shall be advised in writing by, (a) Region of Durham how Conditions 2.3, 5.1, 5.8 (1), 6.1, and 7 have been satisfied; (b) Central Lake Ontario Conservation Authority, how Conditions 6.2 have been satisfied; (c) Canadian Pacific Railway, how Conditions 6.3 have been satisfied; (d) Canada Post, how Conditions 6.4 have been satisfied; Page 113 . e Part 9 - Notes to Draft Approval 9.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality's standard subdivision agreement. 9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 9.3 If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be closed. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 9.4 Where an agency requirement is required to be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: (a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1 N 6A3 (905) 668-7721. (b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario LIH 3T3 (905) 579-0411. (c) Canadian Pacific Railway, 1290 Central Parkway West, Suite 800, Mississauga, Ontario L5C 4R3. (d) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1 P 5A1 Page 114 Attachment 2 to Municipality of Clarington Report PSD -015-17 Corporation of the Municipality of Clarington By-law Number 2017 - 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 ZBA 2016-0010; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. "Section 14.6 "SPECIAL EXCEPTIONS —URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby amended by adding a new "Urban Residential Exception (R3-52) Zone" as follows: 14.6.52 URBAN RESIDENTIAL EXCEPTION (R3-52) ZONE Notwithstanding Sections 14.1, 14.2, 14.3 and 14.4, on those lands zoned "R3- 52" on the Schedules to this By-law shall subject to the following zone provisions: a. Permitted Residential Uses b. Density (minimum) C. Lot coverage (maximum) d. Landscaped Open Space (minimum) e. Private Street Width (minimum) f. Outdoor Amenity Space (minimum) g. Regulations for Linked Townhouse Dwellings Link townhouse dwelling 40 units per hectare 50% 30% 6.5 metres 4.0 square metres per unit i) For the purpose of establishing regulations for each Link Townhouse Dwelling unit, the following specific regulations shall apply as if each unit is located on a lot. This is Schedule "A" to By-law 2017- , passed this day of , 2017 A.D. -S cflNN0RS Cr J m Z 0 a 0 fl z ry 1kf z Q -� W W U LU [7 U Z 0 =PPINr oULEVARD Q z m L� 10� Iz A Gp' ® Zoning Change From "A" To "(H)R3-52" N Bowmanville • ZBA 2018-0010 • Schedule 3 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk IE 2 K3 CI ii) Where a Link Townhouse Dwelling Lot is a through lot with frontage on both a Public Street and a Private Street, the lot line along the Public Street shall be deemed the Front Lot Line. iii) Lot Area (minimum) 130 square metres iv) Lot Frontage on a Public or Private Street (minimum) 5 metres V) Yard Requirements (minimum) (a) Front or Exterior Side Yard adjacent to Public or Private Street i. Garage 6.0 metres ii. Dwelling 4.0 metres iii. Porch 2.0 metres (b) Rear Yard 7.5 metres (c) Rear Yard adjacent to a Private Street 5.7 metres (d) Side Yard 1.5 metres, nil where a building has a common wall with any building on an adjacent lot in the same zone vi) Building Height (maximum) 12 metres vii) Driveway Length (minimum) 5.7 metres h. The provisions of Section 3.1 g. (iv) continue to apply, except where they are in conflict with the yard requirements for a porch in Section 14.6.52 g. v) (a) iii. of this exception zone." Schedule '3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)R3-52) Zone" as illustrated on the attached Schedule `A' hereto. Schedule 'A' attached hereto shall form part of this By-law. 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 50 20 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk Clarington Planning Services 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 13, 2017 Report Number: PSD -016-17 Resolution: File Number: PLN 25.1.54 By-law Number: Report Subject: Renaming Regional Road 57 in Clarington Recommendations: 1. That the Region of Durham be requested to rename portions of Regional Road 57 from its southern terminus to the north limit of Clarington as "Bowmanville Boulevard"; 2. That should the Region of Durham approve the renaming of Regional Road 57, that the addresses for the properties south of Highway 2/King Street West be renumbered in accordance with Municipal street -numbering policy; and 3. That Council's resolution and a copy of Report PSD -016-17 be forwarded to the Region of Durham Planning and Economic Development Department. 51 Municipality of Clarington Report PSD -016-17 Report Overview Page 2 Regional Road 57 has various municipal street names, leading to confusion for visitors and out-of-town deliveries in particular. It is recommended that the Municipality request the Region of Durham to rename Regional Road 57, including the portions currently named Waverley Road and Martin Road, to Bowmanville Boulevard. The new name would help to reinforce the community's identity being a primary transportation corridor with interchanges on Highways 401 and 407. Renaming Regional Road 57 would lead to the renumbering of the various segments south of King Street West/Highway 2. 1. Background 1.1 The southern portion of Regional Road 57 is named Waverley Road, Martin Road and Regional Road 57 at various points (Figure 1). This is the result of developing the Regional road system using segments of existing streets and joining them together to meet the interchange at Highway 401. Regional Road 57 was built as a higher speed road to replicate the transportation function formerly served by what is now referred to as Scugog Road or derivatives of that name which previously joined Bowmanville, Hampton, Enniskilllen, Burketon, Blackstock and Caesarea. 1.2 Regional Road 57 is one of the few Regional roads in Clarington that is not otherwise named (e.g. Liberty Street, Taunton Road) with the exception of the portions that overlap with local road names. 1.3 The use of multiple names for Regional Road 57 leads to some confusion, particularly for out of town visitors. For drivers who have taken the Waverley Road exit off Highway 401 travel north and shortly see a sign to turn right to keep proceeding on Waverley Road. Sometimes this includes larger trucks who are making deliveries to stores and were advised to take the Waverley Road exit and drive north to Highway 2, ending up on a local residential street with no direct connection to Highway 2. This route passes through a neighbourhood school zone. 1.4 At the same time there are two segments of Martin Road which are disconnected from each other. Residents and visitors alike may be confused in looking for an address when they cannot physically connect from one segment to another. 1.5 At a recent public meeting on the Durham Region Transportation Master Plan, several Clarington residents raised the issue of the confusion regarding the street names for Regional Road 57. This is an appropriate time to address this issue, particularly in the context of future redevelopment along Regional Road 57 (e.g. 50 Martin Road) and the potential reconstruction of the Waverley Road interchange. 52 Municipality of Clarington Report PSD -016-17 Figure 1: Map showing Waverley Road, Martin Road and Regional Road 57 N Street Names For a Regional Road No. 57 I I 0 ❑ Z�a aO�O LLI-Jo P w a �9�Do m i O Z O� o qy LU W o Doo❑ ° FPf � o fl � 00 oa o BASELINE ROAD I .. Waverley Road F14 v Martin Road �J ■ Regional Road 57 2. Discussion 2.1 Why Bowmanville Boulevard? Page 3 The street name "Bowmanville" has been reserved and it has been contemplated for this project. Regional Road 57 is one of the few opportunities to use this name on a major road. Using "Bowmanville" as a street name is one further way to market the community. It will be one of the few roads that will connect with two Provincial 400 series highways. 53 Municipality of Clarington Report PSD -016-17 2.2 Regional Process Page 4 If the recommendation is approved, the request will be forwarded to the Region of Durham Planning and Economic Development Department. It will be the Region's responsibility to notify residents and businesses and hold a public meeting on the matter. The Region will also consult with agencies, including the Province. After the public meeting and commenting period, the Region will make its decision. 2.3 Street Numbering Implications There are some complications when it comes to street numbering, since these were formerly separate roads. Waverley Road is numbered north to south. Four commercial properties are located along the Waverly Road segment: Petrocan service station, Tim Hortons/Wendys restaurant, Shell service station and St. Marys Cement facilities. Martin Road is numbered north to south. One commercial multi -tenant property (Aspen Springs plaza), 16 residential properties and one vacant commercial parcel (future Tim Hortons/service station) are affected. Regional Road 57 is numbered south to north commencing at Liberty Pentecostal Church. From here northward, street addresses are based on the Municipal policy of increments of 1000 per Concession. If Council proceeds with the recommended street name change, the street addresses south of Highway 2 will need to be renumbered south to north in accordance with current Municipal street naming policy. The street renumbering will only affect those properties on the Waverley Road and Martin Road segments. 2.4 Financial Implications Renaming of Regional Road 57 would be a Regional function. However since it would be initiated at the Municipality's request, it is recommended that the Municipality be responsible for the providing a goodwill payment to the residents and businesses impacted in accordance with municipal policy. The goodwill payment is $75 per residential address and $200 per business address. This would amount to approximately $5,200 for addresses in the urban area and approximately $3,900 for addresses in the rural area. In addition, all utilities and service providers are advised of the street name and number changes. The Ministry of Transportation (MTO) may have concerns regarding the cost of changing the signs on Highway 401. This was raised in the past when South Service Road was renamed Energy Drive. Nevertheless, at the end of the day those costs were absorbed by MTO. 3. Concurrence Not Applicable 54 Municipality of Clarington Report PSD -016-17 4. Strategic Plan Application This reports implements the Strategic Plan by reinforcing our "small town" feel and promoting community identity. 5. Conclusion Page 5 It is proposed that the various segments of Regional Road 57 from its southerly terminus to the north limit of Clarington be renamed "Bowmanville Boulevard". Submitted by: Reviewed by: David Crome, MCIP, RPP, Curry Clifford, MPA, CMO Director of Planning Services Interim CAO Staff Contact: David Crome, MCIP, RPP, Director of Planning Services, 905-623-3379 x 2402 or dcrome@clarington.net Interested parties to be notified of Council's decision. Mr. Brian Bridgeman, Commissioner of Planning & Economic Development, Region of Durham I:\^Department\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 25 Municipal Numbering and Street Names\PLN 25.1.54 Regional Road 57 - Bowmanville Blvd\PSD-017-17 Renaming R57.docx 55 Clarftwa Planning Services 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 13, 2017 Report Number: PSD -017-17 Resolution Number: File Number: ZBA2016-0027 By-law Number: Report Subject: Application by Nathan Thomas to amend the Zoning By-law to facilitate the creation of two additional single detached lots at 6 Mann Street, Bowmanville Recommendations: That Report PSD -017-17 be received; 2. That the application for rezoning ZBA2016-0027, submitted by Nathan Thomas be approved and that the Zoning By-law Amendment contained in Attachment 1 to Report PSD -017-17 be passed; 3. That a by-law to remove the (H) Holding Symbol be forwarded to Council once all the requirements of the Adopted Clarington Official Plan are satisfied; 4. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -017-17 and Council's decision; and 5. That all interested parties listed in Report PSD -017-17 and any delegations be advised of Council's decision. 56 Municipality of Clarington Report PSD -017-17 Report Overview Page 2 This report recommends that Council rezone the lands from "Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)R2-72) Zone" to permit the creation of two additional single detached lots (plus one retained lot) fronting on Mann Street. The lots would have a minimum frontage of 13 metres. This would be consistent with the majority of lots on Mann Street, that is, the lots to the north. 1. Application Details 1.1. Owner: William and Betty Irving 1.2. Applicant/Agent: Nathan Thomas 1.3. Proposal: Amend Zoning By-law 84-63 to rezone from "Agricultural (A)" to an appropriate zone to allow the division of one lot into three single detached lots with minimum lot frontages of 13.03 metres (see Figure 1). 1.4. Area: 0.2011 hectares (0.497 acres) 1.5. Location: 6 Mann Street, on the east side of Mann Street, south of Apple Blossom Boulevard and north of Concession Street East, Bowmanville 1.6. Roll Number: 1.7. Within Built Boundary: 2. Background 18-17-020-060-09200 Yes 2.1 The proposal is to rezone the property known as 6 Mann Street to allow the creation of two additional lots all with frontages of a little over 13 metres (43 feet) each. The existing dwelling (see Figure 2) and accessory buildings are to be demolished. 2.2 Reports submitted in support of the application include: • Heritage Impact Assessment; • Site Screening Questionnaire; • Stages 1 and 2 Archaeological Assessment; and • Tree Inventory and Preservation Plan Report. 57 Municipality of Clarington Report PSD -017-17 Page 3 31 r Proposed New Homes 6 W44 (nSubject Site 40 0 42 Q 48Y 46 y C O 48 CONCESSION STREET EAST rZBX2 O16,U027 Figure 1: Air Photo, Site Plan and Draft Reference Plan for Future Land Divisions 58 Municipality of Clarington Report PSD -017-17 Page 4 40 Figure 2: Existing Dwelling 3. Land Characteristics and Surrounding Uses 3.1 The subject property is flat, with an existing dwelling (see Figure 2) and accessory buildings. The surrounding uses (see Figure 1) are as follows: North - Link Dwellings South - Single Detached Dwellings and beyond, Concession Street East East - Single Detached Dwellings West - Single Detached Dwellings 59 Municipality of Clarington Report PSD -017-17 4. Provincial Policy 4.1 Provincial Policy Statement Page 5 The Provincial Policy Statement encourages the efficient use of service with cost- effective development patterns, a mix of residential dwellings and opportunities for intensification and redevelopment in accordance with provincial targets. It is also requires the conservation of "significant" built heritage resources and cultural heritage landscapes. 4.2 Provincial Growth Plan The proposed division of an existing property to allow the construction of three single detached dwellings fronting on Mann Street is intensification within the built boundary. It represents efficient use of land and existing services while maintaining neighbourhood character — small lot single detached housing. The proposal conforms to the Growth Plan. 5. Official Plans 5.1 Durham Region Official Plan The Durham Region Official Plan designates the subject lands Living Area. The policies of the Plan generally promote infill and intensification. The proposal conforms to the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject property Urban Residential — Low Density. The proposal conforms to the Clarington Official Plan. The heritage objectives guiding the policies encourage the conservation, protection and maintenance of cultural heritage resources including historic resources that are significant. The Clarington Official Plan states where a cultural heritage resource is recognized on the cultural heritage resources list the Municipality shall discourage the demolition or the inappropriate alteration of a cultural heritage resource. 5.3 Clarington Official Plan as amended by Amendment 107 The Clarington Official Plan, as amended by Official Plan Amendment 107 designates the lands Urban Residential. It is a site interior to a neighbourhood appropriate for low density development. The property is identified as a Secondary Heritage Resource and a Heritage Impact Assessment of the property is required. The proposal conforms to the Clarington Official Plan as amended by Amendment 107. Municipality of Clarington Report PSD -017-17 6. Zoning By-law Page 6 The subject property is zoned "Agricultural (A)". The agricultural zone in urban environments is a remnant of the past and functions as a Holding zone. Therefore, a rezoning is required. 7. Summary of Background Studies 7.1 Assessment The Heritage Impact Assessment states the existing dwelling and accessory building/the carriage shed, have little heritage or architectural value. It recommends demolition to make way for modern houses more in keeping with the current neighbourhood. 7.2 Stage 1 & 2 Archaeological Assessment The Archaeologists Inc. prepared a Stage 1 and 2 Archaeological Assessment. Stage 1 is a background study and determined the subject property had potential for the recovery of archaeological resources of cultural heritage value. The Stage 2 assessment consisted of a systematic test pit survey. It did not result in the identification of archaeological resources. It recommended no further archaeological assessment of the property. 7.3 Tree Inventory & Preservation Plan Report The Tree Inventory and Preservation Plan indicated a total of 25 trees and one grouping of trees and hedge within six metres of the subject property. The removal of nine trees will be required to accommodate the proposed development or due to their deteriorated condition. The group of trees and hedge, together with 16 trees can be saved with appropriate tree protection measures. The measures include tree protection barriers and fencing, a tree protection zone and inspections at appropriate times by arborists or foresters. 7.4 Site Screening Questionnaire The Regional Site Screening Questionnaire was completed. The only concern "flagged" was that the existing buildings might have potentially hazardous materials such as asbestos or PCBs. Precautions will have to be taken during demolition. 8. Public Submissions 8.1 Three Bowmanville residents have contacted staff with concerns regarding the demolition of the farmhouse dwelling. One resident suggested the house was over 150 years old, in usable condition, and if the farmhouse was preserved there would still be land for some new housing. 61 Municipality of Clarington Report PSD -017-17 Page 7 Another claimed that the house was the farmhouse for the farm that preceded the neighbourhood and must be preserved, along with the accessory building, that is, the carriage shed. The third resident suggested the home should be saved while allowing two additional homes to be built. If the dwelling must be demolished it was suggested the brick or historic features be salvaged and re -used in the new homes. 9. Agency Comments and Departmental Comments 9.1 The Clarington Engineering Services Department had no objection to the rezoning. They identified a number of requirements to be satisfied through the land division process, including: • Dedication of a 20 metres X 3 metres road widening triangle to the Municipality of Clarington. • Removing the existing Mann Street road allowance boulevard retaining wall. • The applicant is responsible for 100% of the cost, financial and otherwise, of any required changes to the boulevard area on Mann Street which are deemed necessary by the Director of Engineering Services. • Submission of a Servicing Plan depicting existing and proposed water, sanitary and storm sewer services satisfactory to the Director of Engineering Services. 9.2 The Clarington Operations Department has no objection, however identified a concern with the retaining wall on the Mann Street frontage. Lot grading design efforts require that the existing retaining wall be eliminated or replaced. The usual warnings about mud tracking off the site onto municipal streets during construction will apply. 9.3 The Regional Municipality of Durham Planning & Economic Development Department noted that the creation of new lots for future residential development within an existing urban area conforms to the policies of the Regional Official Plan. Similarly, infill residential development, intensifying a built-up area, conforms to the Province's Growth Plan. The conclusions of the Archaeological Assessment, its submission to the Province, and a clearance letter from the appropriate ministry, satisfy the Region regarding archaeological potential. Regional Works noted sanitary sewer and water supply are available from Mann Street. 9.4 Veridian Connections had no objection to the proposed development. 9.5 Enbridge Gas did not object, the Building Division had no comments, and Emergency and Fire Services had no fire safety concerns. 9.6 The Public School Board and the Separate School Board, have not provided any comments. The application was circulated on December 9, 2016. 62 Municipality of Clarington Report PSD -017-17 10. Discussion Page 8 10.1 This infill development utilizing existing municipal services is generally consistent with Provincial, Durham Regional and Clarington land use policies. The lots would be similar to the pattern in the surrounding neighbourhood. 10.2 The majority of the lands north of Concession Street and west of Mann Street were developed by Registered Plan of Subdivision 10M-829, registered in 1989. Following development of the subdivision and construction of services on the portion of Mann Street existing at that time, the lots north of 6 Mann Street slowly redeveloped over time. The three proposed lots at 13 metre (43 feet) frontages are larger than most lots on Mann Street which are a little more than nine metres (32 feet). 10.3 The existing dwelling at 6 Mann Street is a Secondary resource on the Heritage Properties List. Three Bowmanville residents (one a nearby neighbour) have stated that the existing dwelling and perhaps the carriage shed are of heritage value and should be retained. A Heritage Impact Assessment determined the existing dwelling, although having some historic and architectural character, has not retained its heritage value and can be demolished. The architect attended the Clarington Heritage Committee meeting to explain the assessment and answer questions. 10.4 The Heritage Impact Assessment was provided to the Clarington Heritage Committee for review and comments. The Committee's evaluation recommended that the property not be added to the Municipal Register. 10.5 The site screening questionnaire was unclear if the existing dwelling and carriage shed contain hazardous material such as PCBs. The buildings are to be removed using proper demolition techniques to eliminate this uncertainty. 10.6 The zoning recommended for the property R2-72 is an existing urban residential exception that appears to meet the requirements of the infill development. 10.7 Should Council support the rezoning application, the Owner would lift from the table his two submitted land division applications which have been tabled pending the resolution of this rezoning application. 10.8 All municipal taxes have been paid at the time of writing Report PSD -017-17. 11. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the application to amend the Zoning By-law (see Attachment 1) be approved. 12. Strategic Plan Application Not applicable. 63 Municipality of Clarington Report PSD -017-17 Submitted by: Reviewed by: Page 9 David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO Director of Planning Services Interim CAO Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell(o)_clarington.net Attachments Attachment 1: Zoning By-law Amendment The following is a list of the interested parties to be notified of Council's decision: Nathan Thomas Melanie Seymour Alicia Irving Tracey Ali BR/CP/df • Attachment 1 to Municipality of Clarington Report PSD -017-17 Corporation of the Municipality of Clarington By-law Number 2017 - 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 ZBA2016-0027; and Now Therefore Be It Resolved That, the Council of the Corporation 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 "Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)R2-72) Zone" 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 Sections 34 and 36 of the Planning Act. By -Law passed in open session this day of , 2017 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 65 This is Schedule "A" to By-law 2017- , passed this day of , 2017 A.D. a� U N U a� c c� 0 a� a� Herriman Street in a rn � � m Concession Street East ® Zoning Change From "A" To "(H)R2-72" N Bowmanville • ZBA 2016-0027 • Schedule 3 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk m • Clarbgton Planning Services 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 13, 2017 Report Number: PSD -018-17 Resolution: File Number: S -C 2016-0003, ZBA 2016-0025 By-law Number: and ZBA 2016-0026 Report Subject: An Application by 2084165 Ontario Limited and Akero Development Inc. for Low and Medium Density Development 3222 and 3350 Middle Road, Bowmanville Recommendations: That Report PSD -018-17 be received; 2. That the application for Draft Plan of Subdivision submitted by 2084165 Ontario Limited and Akero Development Inc. to permit a total of six single detached lots on one parcel of land and three single detached lots and one block for a future medium density development on a second parcel of land be supported subject to conditions as contained in Attachment 2 of Report PSD -018-17; 3. That the Zoning By-law Amendment application submitted by 2084165 Ontario Limited and Akero Development Inc. be approved as contained in Attachment 3 of Report PSD - 018 -17; 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 should Block 10 of S -C-2016-0003 together with Block 46 of Registered Plan of Subdivision 40M-2578 be proposed in the future for a Common Elements Condominium, that no further public meeting be required; 6. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -018-17 and Council's decision; and 7. That all interested parties listed in Report PSD -018-17 and any delegations be advised of Council's decision. 67 Municipality of Clarington Report PSD -018-17 Report Overview Page 2 This report is recommending approval of applications for a draft plan of subdivision and rezoning, submitted by 2084165 Ontario Limited and Akero Development Inc. to permit a total of six single detached lots on one parcel of land (the north parcel) and three single detached lots and one block for a future medium density development on a second parcel (the south parcel) of land in the Northglen Neighbourhood of Bowmanville. 1. Application Details 1.1 Owner/Applicant: 2084165 Ontario Limited and Akero Developments Inc. 1.2 Agent: D. G. Biddle and Associates Limited 1.3 Proposal: North Parcel To create six blocks that will meld with six other blocks in a future phase of Draft Approved Plan of Subdivision S -C 2007-0004 for six lots for single detached dwellings upon registration. South Parcel To create four blocks that will meld with four existing blocks in registered Plan of Subdivision 40M-2578 which will form three lots for single detached dwellings and a block for a future medium density development in a common elements condominium. 1.4 Area: North parcel 0.18 hectares South parcel 0.49 hectares 1.5 Location: Both parcels are on the west side of Middle Road, approximately 500 metres north of Concession Road 3. One is 3222 Middle Road (south) and the other is 3350 Middle Road (north), being Lot 13, Concession 3 in former Township of Darlington (see Figure 1). 1.6 Roll Number: 1817-010-080-05500 and 1817-010-030-05100 1.7 Within Built Boundary: Yes Municipality of Clarington Report PSD -018-17 Page 3 _.__� � } � l J I '�'I,••l � � 1 I I •Ir-4��rf 7 1, -`', � I ! f J _,.Phase's$- r ZBA 2016 - 0026 SC 2016-0003 - 7 I 41, 71 _iJ J � Phase MOSES CR LU o ' LU _ 1: Phase 6 0 I' rem- ZBA 2016 -x025 1 SC 2016 - 0003 =Phase 9` �# LJJ ■-- V. ri �:.. r -�--- ZBA 2016• e2 0 `lam �' +�. .IF _ + 1• I �i i � i r i � Ill Figure 1 - Location of subject property Municipality of Clarington Report PSD -018-17 2. Background Page 4 2.1 The Northglen Neighbourhood Design Plan was approved in 2007. Northglen is generally bounded by Concession Road 3 to the south, Regional Road 57 to the west, the urban area boundary to the north and Liberty Street to the east. Separate applications for draft plan of subdivision and rezoning were submitted for the east side of Middle Road (Northglen East) and the west side of Middle Road (Northglen West). 2.2 Draft Approval for both Northglen East and West was issued in March 2008. Northglen West has multiple owners and is being developed in multiple phases. Phases 1A, 1 B, and Phase 2 were registered in 2013, 2014, 2016 respectfully by the owner of 2265719 Ontario Inc. Two other owners, Akero (Kirk Kemp) and 2084165 Ontario Limited (Halminen Homes) own the lands which front onto Middle Road, identified as Phases 6 and 7 which were registered on November 22, 2016. At the time of draft approval for Northglen West, the applicants did not own the two subject parcels, as such they were not included in the draft plan application. These parcels were however identified for development as lots for single detached dwellings and a part of a medium density block in the approved Northglen Neighbourhood Design Plan. 2.3 On October 25, 2016 the applicant's agent submitted applications for rezoning on two parcels of land. The application for Draft Plan of Subdivision for both parcels was submitted on November 18, 2016 (see Figure 2). 70 Municipality of Clarington Report PSD -018-17 DQ 0- , ' --- - �J Jj /i - � � �� f - - - -- I�'I �•. _../ w <,---------iL-- 2 .908 srnn,------------------ _ ---------- t2'50 --------- - - - f�� c� FNS I I LOCK 3 _I r m ---- Vl N r, C r — O ---- - 13.690 N78'57'5VW - ' ,. — — — — — — -n �' BLOCK 10 rn`� a3� N19.33'30°W a s v o __� VT :.v T. `� N9'6iaw a BLOCK 9 - �r1 N21211 i go � ., sxr l-_ � l c" ._.,, v 1. i�<, Rm-1s•ww xzs.o^w ',..... Figure 2: Draft Plan of Subdivision 71 r Page 5 r -- J--------- L �----- -..2n___ - ---------- "- - aam c PHASE 6 ______ `--_—_—_-__'--.. ROPERTY 2 11� I iI/1;✓JLr �✓rU � I A LAND USE SCHEDULE PROPOSED USE LOT/BLK # OF # OF AREA LOTS BLKS UNITS ha RESIDENTIAL v SINGLE DETICHm BLOCK 1-9 4.5 90-19 MEDIUM DENSITY BLACK 10 1 18.5 0.75 TOTAL Figure 2: Draft Plan of Subdivision 71 r Page 5 r -- J--------- L PHASE 7 ROPERTY 1 q c PHASE 6 ROPERTY 2 11� 1. ERI­ riTrr»m o nEA -u KEY PLAN Tm 'T11 -"Tim' NOT To SCALE �� LAND USE SCHEDULE PROPOSED USE LOT/BLK # OF # OF AREA LOTS BLKS UNITS ha RESIDENTIAL SINGLE DETICHm BLOCK 1-9 4.5 90-19 MEDIUM DENSITY BLACK 10 1 18.5 0.75 TOTAL 1.14 NON RESIDENTIAL ROAD WIDENING BLOCK 11, 13 2 0 a06 0.31T, RESERVE BLOCK 12, 14 2 0 GABS TOTAL 0.065 TOTALS 9.5 1 25.5 1.21 ADDITIONAL INFORMATION REQUIRED UNDER SECTION 51 OF THE PLANNING ACT E NORTH -RESIDENTIAL SOUTH -ESTATE RESIDENITIAL/VALIEY LAND EAST -ESTATE RESIDENTIAL WEST -RESIDENTIAL H -PIPED MUNICIPAL WATER I -TILL K -ALL MUNICIPAL SERVICES AVAILABLE OWNER'S AUTHORIZATION SURVEYOR'S CERTIFICATE I/WE LAND OWNER I HEREBY CERTIFY THAT THE BOUNDARY OE THE HANDS TO BE SUBOMDED AS BEING THE REGISTERED DWNER OF THE SHOWN ON THIS PLAN AND THEIR SUBJECT LANDS HEREBY AUTHORIZE RELATIONSHIP TO ADJACENT LANDS ARE D.G•BIDDLE AND ASSOC. LTD. ACCURATELY AND CORRECTLY SHOWN ONTARIO LAND SURVEYOR TO PREPARE AND SUBMR A DRAFT PLAN ONTARIO HAND SURVEYORS OF SUBDIVISION FOR APPROVAL SIGNED SIGNED TITLE O.LS DATE DATE LFI.EID IN, REVISION DATE Municipality of Clarington Report PSD -018-17 Page 6 The north parcel when melded with abutting lands will be developed as six lots for single detached dwelling in Phase 8 of the Northglen which has yet to be registered (see Figure 3). The lands with capitalized letters represent blocks in the existing draft approved Plan of Subdivision S -C-2007-005. The lands with lower case letters represent the future blocks created from 3350 Middle Road. BILL COLE COURT A s c Subject Site I o Q a b � W J d e 9 2 DE F WILLIAM FAIR DRIVE • A+a= 1 lot • B+b= 1 lot • C+c= 1 lot • D+d= 1 lot • E+e= 1 lot • F+f = 1 lot Total: • 6 lots for Single Detached Dwellings Figure 3: — Lot Creation for North Parcel — 3350 Middle Road The south parcel in conjunction with lands in registered plan of subdivision 40M-2578 will allow the completion of one larger block for a medium density development and three single detached dwellings (see Figure 4). The lands with capitalized letters represent blocks in the existing registered Plan of Subdivision, 40M-2578. The lands with lower case letter signify blocks to be created from 3222 Middle Road. MOSES CRESCENT tutu o � o A UJ J 0 0 a � U � C a D A NORTHGLEN BOULEVARD Subject Site • A+A+a = 1 Block • B+b = 1 lot • C+c = 1 lot • D+d = 1 lot Total: • 1 Block for Medium Density Townhouses • 3 lots for Single Detached Dwellings Figure 4: Lot and Block Creation for South Parcel — 3222 Middle Road 72 Municipality of Clarington Report PSD -018-17 3. Land Characteristics and Surrounding Uses Page 7 3.1 The north parcel supported a single detached dwelling, which has now been demolished (see Figure 5). The dwelling on the south parcel was destroyed by fire. It is surrounded by a recently registered plan of subdivision and has been graded (see Figure 6) Figure 5 — North Parcel -3350 Middle Road Figure 6 - South Parcel -3222 Middle Road 73 Municipality of Clarington Report PSD -018-17 3.2 The surrounding uses are as follows: Page 8 North - Vacant and Draft Approved Plan of Subdivision S -C 2007-0004 (Phase 8) South - On-going house construction East - Apple orchard and Draft Approved Plan of Subdivision S -C 2007-0005 West - On-going house construction 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement encourages planning authorities 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. Some relevant policies are: • New development shall occur adjacent to built-up areas, and shall have compact form, a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. • New housing is to be directed to locations where infrastructure and public services are or will be available. • A full range and mix of housing types and densities shall be provided to meet projected requirements of current and future residents of the regional market area. • Infrastructure and public service facilities shall be provided in a coordinated, efficient and cost effective manner. 4.2 Provincial Growth Plan The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Bowmanville Urban Area. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. In particular: • Growth is to be accommodated in transit -supportive communities to reduce dependence on the automobile through the development of mixed use, pedestrian - friendly environments. • Growth shall also be directed to areas that offer municipal water and wastewater systems. • Municipalities should establish an urban open space system within the built up areas. • Municipalities must accommodate residential development within the built up area. 74 Municipality of Clarington Report PSD -018-17 Page 9 4.3 The development allows for the efficient use of land, infrastructure and public services and is consistent with the Provincial Policy Statement and the Growth Plan. The proposed development will allow for the completion of lots planned for single detached dwellings and medium density providing different forms of housing. Municipal water and sanitary sewers are required for the blocks to develop. Transit routes will be established as development proceeds. A neighbourhood park is located on Northglen Boulevard. A block has been reserved on Northglen Boulevard, in Phases 6 and 7 for a future public elementary school. A mixed use block is designated, but not yet zoned on the north-east corner of Concession Road 3 and Regional Road 57. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject lands as Living Area. Lands designated as Living Area permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The proposed development is permitted within the Living Area designation. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands "Urban Residential". The Low Density designation allows a density of 10 to 30 units per net hectare and predominant form of housing are single and semi-detached units. The Medium Density designation allows for density of 31 to 60 units per hectare while the predominant form of housing are townhouses, triplexes and quadraplexes or low rise apartments. Northglen Boulevard is a collector road with a right-of-way width of 23 metres and Middle Road is a Type C Arterial with a right-of-way width of 26 to 30 metres which can accommodate greater volumes of traffic. 5.3 Clarington Official Plan as Amended by Amendment 107 On November 1, 2016, Council adopted the Official Plan Amendment 107 to bring the Clarington Official Plan into conformity with the Regional Official Plan and provincial policies. The subject site remains designated Urban Residential. All applicable policies remain. 5.4 Northglen Neighbourhood Design Plan Northglen Neighbourhood Design Plan was approved in 2008. The applications as submitted are consistent with and implement the approved plan. 75 Municipality of Clarington Report PSD -018-17 6. Zoning By-law Page 10 Zoning By-law 84-63 zones the subject lands "Agricultural (A)" Zone. An amendment to the zoning by-law is required to permit future residential development. 7. Public Meeting and Submissions 7.1 The Public Meeting was held on January 9, 2017. One individual questioned the definition of medium density development. She asked if there will be any improvements to Middle Road or Concession Road 3 to accommodate for the increased traffic. 7.2 Another individual residing on Middle Road, north of the subject parcels does not have issues with the development however is concerned that their well will be impacted. She has spent a great deal of money on equipment and has discovered that they have lost water in their well. The surrounding creeks and ponds have very low water levels or are completely dry. Their well was replenished, but they remain concerned that the development will have an impact. 7.3 Resident concerns are addressed in Sections 10.2 — 10.4 of this report. 8. Agency Comments 8.1 Region of Durham The Region of Durham stated that the subject lands are within the Living Area designations, Regional Planning has no objection to the applications. The applications were found to conform to the Growth Plan, the Provincial Policy Statement and the Durham Regional Official Plan. Regional Works identified that sanitary and water services are available to accommodate these proposed lots. The development does not present any significant Regional transportation or transit impacts. The Region's conditions are included in the proposed Conditions of Draft Approval included as Attachment 3. 8.2 Central Lake Ontario Conservation Authority The Authority has no objections to the proposal and provided technical comments to the applicant regarding grading and stormwater management that must be addressed. The Conservation Authority also provided standard conditions of draft plan approval. 8.3 Kawartha Pine Ridge District School Board The Public School board has offered no objection to the applications stating that the applicant has entered into a written agreement with the Board for the future acquisition of the school block for an elementary school. 76 Municipality of Clarington Report PSD -018-17 9. Departmental Comments Engineering Services Department Page 11 The developer has now acquired the two parcels which complete missing components of those phases. These parcels were included in the Northglen Neighbourhood Design Plan. The developer has submitted a draft plan of subdivision showing how these parcels will be lotted out which is consistent with the Neighbourhood Design Plan. The parcels were included in the Functional Servicing Reports (FSR) for the surrounding lands. The parcels will be developed in conjunction with (not in isolation of) the surrounding lands as part of each of those phases. Each parcel fronts onto Middle Rd. which will be reconstructed in 2017. A pre -consultation meeting is required for the medium density block prior to a site plan application. 10. Discussion 10.1 The two parcels were recently acquired by the applicants. The uses and lotting patterns are consistent with the approved Neighbourhood Design Plan as follows: The northerly parcel will form six blocks that will meld with another six blocks in registered plan ofsubdivision 40M-2578 resulting in six lots for single detached dwellings when Phase 8 is registered, anticipated sometime late spring. The southerly parcel will yield a total of three single detached dwelling lots and a 1.16 hectare medium density block in conjunction with lands in registered plan 40M- 2578. 10.2 Medium Density Block The Medium Density Block zoning was established at the time of the approval of the original Northglen West plan of subdivision. The zone permits street townhouse, link townhouses and apartments with a density no greater than 45 units per net hectare. This would allow up to 52 units. We understand that a common elements condominium townhouse project with fewer units will be submitted for site plan approval. It is recommended that no further public meeting be required for the future Common Elements Condominium application. 10.3 Road Improvements Middle Road south of Concession Road 3 is currently being urbanized, including all underground services, as well as curb, sidewalk and street lighting. Middle Road north of Concession Road 3 will be reconstructed this year, including, storm sewer, sidewalk, street lighting and curbs. 77 Municipality of Clarington Report PSD -018-17 Page 12 Concession Road 3 from Middle Road east to Gimblett Drive will be reconstructed, including storm sewer sidewalk, street lighting and curbs. Reconstruction of Concession Road 3 from Middle Road to Regional Road 57 is scheduled to occur in 2018 pending Councils approval of the 2018 Capital Budget. The reconstruction of the intersection at Regional Road 57 and Concession Road 3 commenced in November 2016 and will continue into the spring. Traffic signals have been installed. To further improve the intersection, the Region intends to remove the bend on Regional Road 57 in 2018 subject to the approval of Regional Council for the expenditure of funds. 10.4 Well Interference All developers in the Northglen West are monitoring wells within a 500 metre radius from the point of dewatering, provided that homeowners have permitted monitoring. The resident who expressed well interference concerns at 3770 Middle Road is greater than 700 metres from the site and about 950 metres from the point of dewatering. De- watering was undertaken from June 21 to August 25, 2016 and again from September 1 to September 9, 2016. Based on data from wells that were monitored, water level drawdown from de -watering was limited to an area within approximately 150 metres of the de -watering. No private monitored wells had groundwater level or water quality issues from the de -watering. The consultant did not anticipate impacts from de -watering at the well at 3770 Middle Road. The hydrogeological consultant will include 3770 Middle Road in the monitoring program associated with any future de -watering. The Region of Durham has a Well Interference Policy and collects money through development charges to address individuals whose well may be impacted by development. 10.5 The Holding (H) symbol will be applied on the proposed zoning to ensure adequate access and services are in place prior to development and the appropriate by-law will be forwarded to Council to lift the symbol when the appropriate conditions are met. 10.6 Conditions of Draft Approval have been prepared based on staff and agency comments and would be fulfilled as the subdivision application moves through the final approval stage. The Owner of the lands will be required to enter into a Subdivision Agreement and Site Plan Agreement for the Medium Density Block with the Municipality of Clarington. 11. Conclusion In consideration of the findings of all supporting studies, agency and resident comments and based on review of the proposal, staff recommend approval of the proposed draft plan of subdivision, (Figure 2), Conditions of Draft Approval (Attachment 1) and Zoning By-law amendment (Attachment 2). Municipality of Clarington Report PSD -018-17 12. Strategic Plan Application Not applicable. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Page 13 Curry Clifford, MPA. CMO Interim CAO Staff Contact: Cynthia Strike Principal Planner, 905-623-3379 ext.2410 or cstrike clarington.net Attachments: Attachment 1 - Conditions of Draft Approval Attachment 2 - Zoning By-law The following is a list of the interested parties to be notified of Council's decision: Hannu Halminen Kirk Kemp Domenic Tassone Michael Fry Karen Paplinskie Terri Cochrane and Mike Hogarth Judy and Ken Gray CS/CP/df I:\^Deparlmenl\LDO NEW FILING SYSTEMWpplication Files\SC Subdivision\S-C 2016\S -C-2016-0003 3222 & 3350 Middle Road\Staff Report\PSD-018-17.docx 79 Attachment 1 to Municipality of Clarington Report PSD -018-17 CI(V*MJU CONDITIONS OF DRAFT APPROVAL File Number: S -C-2016-0003 Issued for Review: February 27, 2017 Part 1 - PLAN IDENTIFICATION The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S -C-2016-0003 prepared by D.G Biddle & Associates Limited identified as job number 116123, dated November 18, 2016, which illustrates 9 part blocks to meld with part blocks in both registered Plan 40M-2578 and Draft Approved Plan of Subdivision S -C 2007-0004 to create a total of 9 lots for single detached dwellings, and one block to meld with Blocks 45 and 46 in registered Plan 40M-2578, road widenings and reserves. Part 2 — GENERAL 2.1 The Owner shall enter into a subdivision agreement with the Corporation of the Municipality of Clarington (the "Municipality") that contains all of the terms and conditions of the Municipality's standard subdivision agreement respecting the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this plan of subdivision. A copy of the Municipality's standard subdivision agreement can be found at http://clarington.net/documents/planning/subdivision-agreement-feb20l4.pdf 2.2 The Owner shall name all road allowances included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the "Region"). 2.3 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. Architectural Control 2.4 (1) The Owner shall be comply with the Architectural Control Guidelines, for the Northglen Neighbourhood prepared by Cassidy & Co., dated May 17, 2011. (2) The Owner shall pay 100% for the cost for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. (3) No residential units shall be offered for sale to the public on the draft plan including medium density blocks, until such time as architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning Services. (4) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan, until the architectural control guidelines for the development and the exterior architectural design of each building and the location of the building on the lot has been approved by the Director of Planning Services. Marketing and Sales 2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning Services. (2) The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning Services. (3) The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning Services which includes all warning clauses/notices prior to any residential units being offered for sale to the public. Site Alteration 2.6 Draft plan approval does not give the Owner permission to place or dump fill or remove fill from, or alter the grade of any portion of the lands within the draft plan. The Owner shall be required to obtain a permit from the Municipality under Site Alteration By-law 2008-114, as amended, for any such work. If any portion of the lands are within an area regulated by a conservation authority, the Owner shall obtain a permit from the conservation authority in addition to obtaining approval from the Director of Engineering Services regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, dust control and road damage. After registration of a subdivision agreement, the provisions of the Municipality's standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. Part 3 - FINAL PLAN REQUIREMENTS 3.1 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: W (a) Reserves • A 0.3 metre reserve shown as Blocks 12 and 14 on the draft plan. (b) Road Widenings • A 3.0 metre road widenings along the frontage of Middle Road shown as Blocks 11 and 13 on the draft plan. 3.2 The Owner shall grant to the Regional Municipality of Durham, any easements required to provide Regional services for this development and these easements shall be in location and of such widths as determined by the Region. Part 4 —PLANS AND REPORTS REQUIRED PRIOR TO SUBDIVISION AGREEMENT/FINAL PLAN REGISTRATION 4.1 The Owner shall submit the following plans and report or revisions thereof: Phasing of Development (1) South Parcel The Owner acknowledges that Blocks 1 to 4 must meld with Blocks 42, 43, and 44 respectfully registered Plan 40M-2578 to create three lots for single detached dwellings. Block 10 must meld with Blocks 45 and 46 in Plan 40M-2578. Building permits will not be available until the blocks have been melded through the registration of the draft plan. North Parcel The Owner acknowledges that Blocks 4 to 9 must meld with Blocks 820, 821, 822, 823, 824 and 825 respectfully in Draft Approved Plan of Subdivision S -C 2007-0004, as amended, July 14, 2011. Building permits will not be available until the blocks have been melded through the registration of the two draft plans. Noise Report (2) The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Region, for review and approval, an updated noise report, based on the preliminary noise report entitled Noise Impact Study Northglen Phase 8, prepared by D.G. Biddle and Associates Limited, dated January 17, 2017 Project No. 116159. Functional Servicing (3) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Engineering Services and Central Lake Ontario Conservation. Community Theme Plan (4) The Owner shall comply with the "Community Theme Plan" entitled the Northglen Neighbourhood Landscape Master Plan, by Ferris and Associates Inc. and approved by the Director of Planning Services and Director of Engineering Services for approval Environmental Sustainability Plan (6) The Owner shall submit an Environmental Sustainability Plan to the satisfaction of the Director of Planning Services. Such plan shall identify the measures that the Owner will undertake to conserve energy and water in excess of the standards of the Ontario Building Code, reduce waste, increase recycling of construction materials and utilize non-toxic, environmentally sustainable materials and finishes. The plan shall include the location of a shade tree, or provision for a voucher from a local nursery to allow the purchaser to acquire a shade tree to provide passive solar gain during the various seasons. Soils Management Plan (7) Prior to Authorization to Commence, the Owner shall provide a Soils Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide information respecting but not limited to any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the Lands. All imported material must originate from within the Municipality of Clarington. The Owner shall comply with all aspects of the approved Soils Management Plan. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage Part 5 —SPECIAL TERMS AND CONDITIONS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT Lands Requiring Site Plans 5.1 The Owner shall not make an application for a building permit in respect of Block 10 in S -C 2016-0003, Block 45 and 46 in 40M-2578 until said Blocks have melded together and the Owner has received site plan approval from the Municipality under Section 41 of the Planning Act, R.S.O. 1990, C.P.13. Parkland 5.2 The Owner shall pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes under section 5.1. of the Planning Act, R.S.O. 1990, c.P.13. The Owner acknowledges that this amount represents the value of the land that would otherwise be required to be conveyed at the rate equivalent to five percent of the total land area in the draft Plan as of the day before the approval of draft Plan of Subdivision S -C-2016-0003. t, :b7 Noise Attenuation 5.3 (1) The Owner shall implement the noise attenuation measures recommended in the noise report entitled Noise Impact Study Northglen Phase 8, prepared by D.G. Biddle and Associates Limited, dated January 17, 2017 Project No. 116159. (the "Noise Report"). (2) The Owner shall not make an application for a building permit for any building on the Lands until an acoustic engineer has certified that the plans for any building are in accordance with the Noise Report. Decommissioning of Wells 5.4 Prior to registration, the Owner shall provide confirmation to the Director of Planning Services that all wells on site were decommissioned in accordance with Ontario Regulation 903. Oversizing on Middle Road 5.5 The Owner shall pay for the oversizing of storm sewer and any other associated works for the reconstruction of Middle Road, to the satisfaction of the Director of Engineering Services. Part 6 — AGENCY CONDITIONS 6.1 Region of Durham (1) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. (2) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (3) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. (4) Prior to final approval, the Owner is required to submit a signed Record of Site Condition (RSC) Compliant Phase One Environmental Site Assessment and any further required site contamination works for the northern parcel to MI the Region of Durham and/or the Ministry of Environment and Climate Change (MOECC) for review and approval. (5) The Owner shall submit plans showing any proposed phasing to the Regional Municipality of Durham for review and approval if this subdivision is to be developed by more than one registration. 6.2 Conservation Authority (1) That, the north parcel be developed is co-ordination with and subject to the approval of Phase 8 of the adjacent subdivision S -C 2007-0004, and that prior to any on-site grading or construction or final approval of Phase 8 of S- C 2007-0004, the Owner shall submit and obtain approval from the Central Lake Ontario Conservation Authority for reports describing the following: a. The intended means of controlling and conveying stormwater flow from the site to an appropriate and acceptable location, including use of stormwater techniques in accordance with the provincial guidelines; b. The intended means of providing water quality treatment for the site in accordance with provincial guidelines; C. The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works; and d. Details on the types and use of Low Impact Development (LID) measures to be implemented within the development to assist in reducing stormwater runoff and encouraging infiltration. (2) That, the south parcel be subject to site plan approval and that prior to any on-site grading or construction or final approval of site plan application, the Owner shall submit and obtain approval from the Central Lake Ontario Conservation Authority for reports describing the following: a. The intended means of controlling and conveying stormwater flow from the site to an appropriate and acceptable location, including use of stormwater techniques in accordance with the provincial guidelines; b. The intended means of providing water quality treatment for the site in accordance with provincial guidelines; C. The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works; and d. Details on the types and use of Low Impact Development (LID) measures to be implemented within the development to assist in reducing stormwater runoff and encouraging infiltration. (3) The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. (4) The subdivision agreement between the Owner and the Municipality of Clarington shall contain among other matters, the following provisions. a. The Owner agrees to carry out the works referred to in Conditions 6.2, 1, 2, and 3 to the satisfaction the Central Lake Ontario Conservation Authority. b. The Owner agrees to maintain all stormwater and erosion and sediment control structures and measures operating in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. 6.3 Canada Post Corporation (1) The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision Lands and the provision of community mailbox locations, as follows: a. The Owner shall advise Canada Post as to the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. b. If applicable, the Owner shall ensure that any street facing installs have a pressed curb or curb cut. C. The Owner shall advise Canada Post as to the expected first occupancy date and ensure the site is accessible to Canada Post 24 hours a day. d. The Owner will consult with Canada Post and the Municipality to determine suitable permanent locations for the Community Mail Boxes. The Owner will then indicate these locations on the appropriate servicing plans. e. The Owner agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post. The Owner will provide a suitable and safe temporary site for a Community Mail Boxes upon approval of the Municipality (that is levelled with appropriate sized patio stones and free of tripping hazards), until curbs, sidewalks and final grading are completed at the L. • permanent locations. Canada Post will provide mail delivery to new residents as soon as the homes or units are occupied. g. Owner agrees to provide the following for each Community Mail Boxes and to include these requirements on the appropriate servicing plans (if applicable): i) Any required walkway across the boulevard, per municipal standards; and ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). Utilities 6.4 (1) The Owner shall coordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities to the satisfaction of the Director of Engineering Services. (2) All utilities will be installed within the proposed road allowances. Where this is not possible, easements will be provided at no cost to the utility provider. Proposed easements are not permitted on lands owned by the Municipality unless it can be demonstrated that there is no other alternative. Such easements must not impede the long term use of the lands and will be at the discretion of the Director of Engineering Services. (3) The Owner shall cause all utilities, including hydro, telephone, and cable television within the streets of this development to be installed underground for both primary and secondary services. Part 7 — STANDARD NOTICES AND WARNINGS 7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27. 7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality's standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks. 7.3 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 Noise Report (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Blocks 141 & 5, 144 & 8, and 145 & 9: "Purchasers are advised that sound levels due to increasing road may interfere with some activities of the dwelling occupants and the outdoor sound level as the sound levels will exceed the Ministry of Environment and Climate Change noise criteria." (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for Blocks 142 & 6 and 143 & 7: "The dwelling unit located on this lot has been equipped with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the limits recommended by the Ministry of the Environment and Climate Change noise criteria (Note: the location and installation of the outdoor air conditioning device should be done as to comply with noise criteria of MOECC publication NPC -216 Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject property)". (3) The Owner shall include the following notice in the Agreements of Purchase and Sale for Blocks 140 & 4, 141 & 5, 144 & 8 and 145 & 9 : "This dwelling unit was fitted with a forced air heating system and ducting was sized to accommodate a central air conditioning unit. The installation of central air conditioning by the homeowner will allow windows and exterior doors to be remain closed, thereby achieving indoor sound levels within the limits recommended by the Ministry of the Environment and Climate Charge criteria (Note: The location and installation of the outdoor air conditioning device should be done so as to comply with noise criteria of Ministry of Environment and Climate Change publication NPC -216, Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject property)." (4) The Owner shall include the following notice in the Agreements of Purchase and Sale for Blocks 142 & 6 and 143 & 7: "Purchasers/tenant are advised that despite the inclusion of noise control features in the development and within the buildings units, sound levels due to increasing road traffic may on occasions interfere with some activities of the dwellings occupants as the sound level will exceed the Municipality's and the Ministry of Environment and Climate Change's noise criteria. (5) The Owner shall include the following notice in the Agreements of Purchase and Sale for Blocks 142 & 6 and 143 & 7: "An acoustical barrier (fence) has been constructed on this lot help reduce outdoor noise levels in the rear yards. This lot is not to be tempered with or removed by the homeowner". Nearby Farm Operations The Owner shall include the following warning clause in agreements of purchase and sale for All Lots: "Farm Operations —There are existing farming operations nearby and that such farming activities may give rise to noise, odours, truck traffic and outdoor lighting resulting from normal farming practices which may occasionally interfere with some activities of the occupants." Noise Attenuation Fencing The Owner shall include the following notice in the agreements of purchase and sale for Block 142 & Block 6 and Block 143 & Block 7: "Noise Attenuation Fencing - Noise attenuation fencing is a required feature for this lot to assist in reducing the noise levels to comply with Ministry of the Environment and Climate Change standards. This fencing must be located on the private property portion of the lot and must be designed and constructed in compliance with the recommendations of the Noise Impact Study prepared by D.G Biddle and Associates Limited dated January 2017. The maintenance of this fencing is the responsibility of the owner of the lot after the developer has been released from any further responsibility for the fence." Canada Post Corporation The Owner shall include the following notice in the agreements of purchase and sale for all lots: "Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision." Part 8 - CLEARANCE 8.1 Prior to final approval of the plan for registration, the Municipality's Director of Planning Services shall be advised in writing by, a. the Region how Conditions 2.2, 3.2, 4.1(2),5.3, 6.1 have been satisfied; b. Central Lake Ontario Conservation, how Conditions 6.2 have been satisfied; and C. Canada Post, how Conditions 6.4 have been satisfied. Part 9 - NOTES TO DRAFT APPROVAL 9.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality's standard subdivision agreement. 9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 9.3 If final approval is not given to this plan within three (3) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be closed. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 9.4 Where an agency requirement is required to be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: (a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1 N 6A3 (905) 668-7721. (b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario LIH 3T3 (905) 579-0411. (c) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1 P 5A1 I:\^Department\LDO NEvv HLwv SYSTEmnAppiication Files\su 6uboivision\S-C 2016\S -C-2016-0003 3222 & 3350 Middle Road\Staff Report\PSD-018-17 Attachment 1.docx ac Attachment 2 to Municipality of Clarington Report PSD -018-17 Corporation of the Municipality of Clarington By-law Number 2017 - 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 ZBA 2016-0025 & ZBA 2016-0026 (S -C -2016 -0025/S -C -2016-0026); Now Therefore Be It Resolved That, the Council of the Corporation 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: "Agricultural Exception (A-1) Zone" to "Holding - Urban Residential Exception (R2- 54) Zone"; "Agricultural Exception (A-1) Zone" to "Holding - Urban Residential Exception (R2- 55) Zone"; and "Agricultural Exception (A-1) Zone" to "Holding - Urban Residential Exception (R3- 31) Zone" as illustrated on the attached Schedule `A' hereto 2. Schedule `A' attached hereto shall form part of this By-law. 3. By -Law passed in open session this day of , 2017. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk J:\REPORTS TO CLERKS\Electronic Reports\2 - Signed by CAO\PSD-01 8-17\PSD-01 8-17 Attachment 2.docx 91 This is Schedule "A" to By-law 2017- , passed this day of , 2017 A.D. :._ LLJ z X r— z BILL COLE CRT __z T M ZBA 2016-0026 WILLIAM FAIR DR. m JpCkA44N iAVE. MOSES CRES. MOSES CRES. --_ co u.r O U ZBA 2016-0025 NORTHGLEN BOULE. CID Q WOOD m �'pRD KILPATRICK DR. O �= T Zoning Change From 'A-1' To '(H)R2-54' Zoning Change From 'A-1' To '(H)R2-55' N ® Zoning Change From 'A-1' To '(H)R3-31' Adrian Foster, Mayor Bowmanville • ZBA 2016-0025 & ZBA 2016-0026 • Schedule 3 C. Anne Greentree, Municipal Clerk Clarftwa Planning Services 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 13, 2017 Report Number: PSD -020-17 Resolution Number: File Number: PLN 34.4.12 By-law Number: Report Subject: Regulations Regarding Designated Heritage Properties, Property Standards By-law Amendment Recommendations: 1. That Report PSD -020-17 be received; 2. That the Property Standards By-law, By-law 2007-070 be amended as outlined in Appendix A of this report; 3. That all interested parties listed in Report PSD -020-17 and any delegations be advised of Council's decision. 93 Municipality of Clarington Report PSD -020-17 Report Overview Page 2 In 2005 the Ontario Heritage Act was amended to permit municipalities to prescribe additional minimum standards in property standards by-laws for the maintenance of heritage properties. The maintenance of heritage attributes on properties designated under Parts IV and V of the Ontario Heritage Act is not specifically addressed in Clarington's Property Standards By -Law 2007-070. Staff and the Clarington Heritage Committee recommend amending the Property Standards By-law 2007-070 to include provisions specific to properties designated under the Ontario Heritage Act. 1. Policy Problem: How to Protect Heritage Properties from Neglect Municipalities have the authority under the Ontario Heritage Act to identify and designate properties of cultural and heritage value. Within Clarington a detailed review is undertaken by staff and the Clarington Heritage Committee when identifying and designating properties. These properties represent Clarington's social, economic and cultural history, and help to define local, provincial and national identities in immediate, tangible form. When a municipality identifies a heritage property and takes the steps to designate it, it is essential that there are appropriate measures in place to protect the resource from various forms of disregard. Many municipalities have experienced demolition by neglect of heritage resources. Demolition by neglect can take many forms and occur for different reasons. Combating this can be difficult. A property standards by-law that addresses heritage resources is an important tool to address this issue. Treating heritage resources in the same manner as a non -heritage resource could be detrimental to the heritage features of those buildings. Section 3 of this report outlines the legislative framework under which property standards by-laws can be passed and be used by municipalities to protect heritage properties from demolition by neglect. 2. Current Policy Approach: Property Standards By-law 2007-070 Clarington's current property standards by-law was enacted in 2007. This by-law, like many in Ontario, only uses the provisions of the Ontario Building Code Act. The by-law addresses property standards and maintenance issues, but treats all properties within Clarington in the same manner. There is no distinction between heritage and non - heritage properties. The by-law references the Ontario Building Code when providing justification for the provisions of the by-law. Section 3 of this report outlines two pieces of legislation under which property standards by-laws can be approved. Elements of each Act help form a property standards by-law to address heritage resources. MI Municipality of Clarington Report PSD -020-17 3. Legislative Framework Page 3 Both the Building Code Act and the Ontario Heritage Act can be used to establish property standards by-laws. Implementing provisions from both Acts allows for the best protection of heritage properties. 3.1 Ontario Building Code Act Section 15.1 of the Building Code Act allows municipalities to pass by-laws prescribing minimum standards for maintenance and occupancy of properties. The standards, which cover a number of property issues, ensure property owners are responsible for the maintenance of their properties and respectful of surrounding property owners. Wording within the Building Code Act can be harmful to the protection of heritage properties. Section 15(3)(2) requires that "property that does not conform to the standards to be repaired and maintained to conform to the standards or the site to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition." The reference to clearing all buildings creates problems for municipalities when dealing with heritage buildings by "requiring" demolition or providing the option to demolish heritage buildings. As well, the Building Code Act does not provide the opportunity to treat properties differently based on recognized and listed property elements, which are part of a heritage designation. The Building Code wording does not allow municipalities to specify methods of repair, or materials required when making repairs to specific elements of a building for heritage purposes. 3.2 Ontario Heritage Act Using the provisions permitted in the Ontario Heritage Act with the wording of the Building Code Act can address these two problems that arise if solely relying on the language and provisions of the Building Code Act. Specifically, the Ontario Heritage Act was amended in 2005 to allow municipalities (at Section 35 and 45.1) to identify heritage specific provisions within their property standards by-laws. The provisions differ from the Building Code Act permissions as they focus on the preservation and maintenance of the identified heritage resource attributes and not solely on the repair and maintenance of any property. The heritage specific provisions for designated properties allows for character defining elements that are within the designating by-law or within the conservation district guidelines to be addressed in specific ways. Elements of heritage buildings tend to be older and require specific treatments to maintain or repair them. These elements can include a number of things such as windows, stained glass, architectural features, woodwork, fagade or roof styles. The heritage specific provisions can also include separate standards for dealing with vacant properties. Typically vacant properties would be required to have services shut off 95 Municipality of Clarington Report PSD -020-17 Page 4 and in many cases left exposed to the elements. This treatment, of course, can have significant negative effects on heritage resources. There are standards for enclosing heritage buildings and in some cases services should be left connected. 4. Proposed Policy Approach The Clarington Heritage Committee have reviewed the inclusion of heritage provisions within the property standards by-laws. The Committee has been involved with a number of projects in recent years involving vacant heritage buildings or buildings with heritage value, such as buildings affected by the construction of the 407 and Camp 30. These and other projects highlighted the need for property standards for heritage resources and buildings. The Committee identified and reviewed a number of property standard by-laws from Ontario municipalities that contain heritage specific provisions. Staff then developed a draft, discussed it with the Committee and in turn incorporated the comments to create the by-law in Attachment 1. 5. Concurrence This report has been reviewed by Anne Greentree, Municipal Clerk, and Andrew Allison, Municipal Solicitor, whom concur with the recommendations. 6. Conclusion Staff and the Clarington Heritage Committee are recommending Property Standards By- law 2007-070 be amended to include heritage specific provisions (minimum standards). The heritage specific provisions, permitted under the Ontario Heritage Act, will help Clarington address the protection of heritage resources by requiring the upkeep and maintenance of heritage properties. 7. Strategic Plan Application Not applicable. Municipality of Clarington Report PSD -020-17 Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Page 5 Reviewed by: Curry Clifford, MPA, CMO Interim CAO Staff Contact: Brandon Weiler, Planner II, 905-623-3379 ext. 2424 or bweiler .clarington.net Attachments: Attachment 1 — Proposed Amendments to Property Standards By-law 2007-070 BW/FL/df hADepartment\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 34.0 Heritage (All Files)\PLN 34.4.12 Property Standards By-law\PSD-020-17.docx 97 Attachment 1 to Municipality of Clarington Report PSD -020-17 The Corporation of the Municipality of Clarington By-law Number 2017 - being a by-law to amend Property Standards By-law 2007-070 Whereas, on April 2, 2007, the Municipality enacted Property Standards By-law 2007- 070 pursuant to section 15.1 of the Building Code Act, 1992, S.O. 1992, c.23; and Whereas, under sections 35.3 and 45.1 of the Ontario Heritage Act, the council of a municipality may prescribe minimum standards for the maintenance of the heritage attributes of designated heritage properties or properties situated in a heritage conservation district provided a by-law passed under Section 15.1 of the BCA is in effect in the municipality; and Whereas, Council deems it advisable to amend By-law 2007-070 to prescribe such standards. Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: Property Standards By-law 2007-070 is amended by deleting section 1.13 (definition of "Designated Heritage Building"). 2. Property Standards By-law 2007-070 is amended by renumbering Sections 4.14 and 4.15 to 4.24 and 4.25. 3. Property Standards By-law 2007-070 is amended by deleting Sections 4.12 and 4.13 (DESIGNATED HERITAGE BUILDINGS) and substituting the following therefor: DESIGNATED HERITAGE BUILDINGS Definitions 4.12 In Sections 4.13 through 4.21 of this by-law: "heritage attributes" has the same meaning as in section 1 of the Ontario Heritage Act; "heritage property" means property that has been designated under section 29 or section 34.5 of the Ontario Heritage Act or property that is located within an area that has been designated under section 41 of the Ontario Heritage Act as a heritage conservation district; and "Ontario Heritage Act" means Ontario Heritage Act, R.S.O. 1990, c.O.18. General 4.13 Despite any provision of this by-law, the Ontario Building Code or the Building Code Act, 1992, no building or structure located on a heritage property may be altered, demolished, removed, or relocated except in accordance with this by-law and Ontario Heritage Act including any permits or permissions required under such Act. 4.14 In addition to the minimum standards for the maintenance and occupancy set out elsewhere in this by-law, the owner of a heritage property shall maintain, preserve and protect its heritage attributes. 4.15 In the event of conflict between anything in section s 4.12 through 4.22 of this by-law and any other sections of this by-law, Sections 4.12 through 4.22 shall prevail. Repair of Heritage Attributes 4.16 Where a heritage attribute of a heritage property can be repaired, the heritage attribute shall not be replaced and shall be repaired, (a) in such a manner that minimizes damage to the heritage attributes and maintains the design, colour, texture, grain or other distinctive features of the heritage attribute; and (b) using the same types of material as the original attribute and in keeping with the design, colour, texture, grain and any other distinctive features of the original attribute. 4.17 Where the same types of material as the original are no longer available, alternative types of material that replicate the design, colour, texture, grain or other distinctive features and appearance of the original material will be considered, in consultation with the Clarington Heritage Committee, and approved by the Director of Planning. Replacement of Heritage Attributes 4.18 Where a heritage attribute of a heritage property cannot be repaired, the heritage attribute shall be replaced in such a manner as to replicate the design, colour, texture, grain and other distinctive features and appearance of the heritage attribute, using the same types of material as the original. 4.19 Where the same types of material as the original are no longer available, alternative types of material that replicate the design, colour, texture, grain or other distinctive features and appearance of the original material may be used. 4.20 Prior to replacing any heritage attribute, the owner of the heritage property shall consult with the Municipality's Heritage Committee. 4.21 The removal of the original material shall be documented by photographs, to -scale drawings, and/or any means identified by Municipal staff. Vacant Heritage Properties 4.22 Notwithstanding Sections 4.01 through 4.07 (VACANT OR DAMAGED BUILDINGS) of this by-law, where a heritage property remains vacant for a period of ninety (90) days or more, the owner shall ensure that all utilities serving the property are properly disconnected, terminated or capped, unless in the opinion of the Director of Planning such utilities (i) are necessary for the safety and security of the property, (ii) provide, maintain and monitor property heating and ventilation, or (iii) are otherwise required by law to remain connected. 4.23 Notwithstanding Sections 4.01 through 4.07 (VACANT OR DAMAGED BUILDINGS) of this by-law, the owner of vacant heritage property shall protect all structures and buildings on the property against the risk of fire, weather, neglect, intentional damage or damage by other causes by effectively preventing the entrance of the elements, unauthorized persons or the infestation of pests by boarding up and securing the buildings and structures in a suitable manner determined by the Director of Planning that may include the following: (a) Lock all doors and windows and ensure on-going maintenance. (b) Post "No Trespassing" signs. (c) Post a heritage notice that complies with the Municipality's sign by law that states: Heritage Notice The structure on this property is a designated heritage resource protected under the Ontario Heritage Act and applicable municipal law. Please help us conserve our heritage. For more information contact: Municipal Staff — Heritage at 905-623-3379. (d) Close all basement hatches, openings, walkways and windows. (e) Remove ladders, tools, equipment and other materials that might be used to gain interior access. 100 (f) Remove rubbish, garbage, parts of vehicles and other equipment, discarded furniture, appliances, machinery and debris from inside buildings and structures and from around the property. (g) All floors above the first floor must be rendered inaccessible to entry by raising fire escapes and ladders to a height of at least four meters, and by removing or cladding towers that may be used to access the property. (h) Significant trees, plantings, grass, lawns, flower beds, hedgerows, bushes, vines and other vegetation on grounds surrounding vacant heritage buildings, structures and other resources shall be maintained and protected at all times in accordance with relevant municipal by-laws. (i) Chain -off driveways and all other direct means of vehicular access to the property, while still permitting authorized vehicular and emergency vehicular access when necessary; chains should be no greater than 10mm (3/8 inch) in diameter and of a grade 30 or comparable. Q) All boards shall be installed from the exterior and interior and shall be fitted in a watertight manner and so that all exterior trim and cladding remains uncovered and undamaged by the boarding. (k) All boards shall be fastened securely in a manner that minimizes damage to the heritage attributes. (1) All boards used shall be painted in a manner to reflect the panes of glass, frames and muntins that were or are found on the opening that is being boarded over or the panes of glass shall be painted in matt black and the window frames and muntins shall be painted in a colour which matches that of the original opening. (m) All boards not located in a window or door opening shall be painted or otherwise treated so that the colour blends with the exterior of the building or structure. (n) Temporary metal security fencing may be required around the perimeter of a vacant heritage property. The fence shall be 2 metres in height above grade, equipped with a horizontal top rail. The temporary fence shall be erected and securely anchored and maintained at all times with all gates locked with appropriate high security pad locks. 101 (o) Exterior lighting fixtures may be required to be installed and/or maintained in the front porch, veranda, or area adjacent to the front and rear entrance of the building or structure, and must be activated by motion sensors, and shall maintain an average level of illumination of at least 50 lux at ground level. 4. This by-law shall be effective on the date that it is passed. By-law passed in open session this day of March 2017. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 102 Handouts & Presentations Applications By: Devon Daniell, Modo Bowmanville Towns Ltd. and Fifty Five Clarington Ltd (Kaitlin Corporation) Proposed Draft Plan of Subdivision and Rezoning to permit Medium Density (Townhouse) development in the Bowmanville West Town Centre Public Meeting: March 13,2017 N Limits of Draft Plan of ' "- 4o i Subdivision & Zoning — Q - Uj LU U U) LU Lu, z © _ ULEVARD Devon �1. Daniell ' Fifty Five ., Clarington Ltd Modo Bowmanville o Towns Ltd a 0 LU 1 C� 0 40 fa?FBfii e4 , i sai s _; n-,' ,..�4_ _.L. -s 4s/i_ 7 �7 � x I" t. + ASPEN SPRIMIS DRIVE - _ w _ ZBA)2016 0010 z w w SCY2016r0001 1 Ilk J. 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