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HomeMy WebLinkAbout04/03/2017Final ClarmgW0 Planning and Development Committee Agenda Date: April 3, 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. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non -audible mode during the meeting. Copies of Reports are available at www.clarington.net CIarifl#oII Planning and Development Committee Agenda Date: April 3, 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, 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 March 13 Minutes of a Regular Meeting of March 13, 2017 Minutes 7 Public Meetings 7.1 Public Meeting Valiant Property Management 7.2 Newcastle Lodge Public Meeting Applications for a Proposed Zoning By-law and Official Plan Amendment Applicant: Valiant Property Management. Report: PSD -021-17 Applications for a Proposed Zoning By-law and Official Plan Amendment Applicant: Newcastle Lodge for Senior & Family Dwellings Report: PSD -022-17 Page 5 Page 12 Page 14 7.3 Gyaltsan Applications for a Proposed Zoning By-law and Official Page 16 Public Meeting Plan Amendment Applicant: Gyaltsan Property Management Report: PSD -023-17 Page 2 CIarifl#oII Planning and Development Committee Agenda Date: April 3, 2017 Time: 7:00 PM Place: Council Chambers 8 Delegations 8.1 Libby Racansky Regarding Communication Item 10.2, Regarding Conditions for Subdivision Approvals 8.2 Libby Racansky Regarding Report PSD -024-17, Claret Investments Limited & 1361189 Ontario Limited - Application to Amend the Zoning By-law to Facilitate the Creation of 15 Single Detached Lots on Lands Located on Harry Gay Drive, Courtice 8.3 Nancy Mallette, Bloomfield Farms, Regarding Report PSD -025-17, An Application by Bloomfield Farms to amend Sign By-law 2009-123 to permit an electronic message board sign on an agricultural property located at 3745 Highway 2, Newcastle 8.4 Bill Manson, WDM Consultants, Regarding Report PSD -024-17, Claret Investments Limited & 1361189 Ontario Limited - Application to Amend the Zoning By-law to Facilitate the Creation of 15 Single Detached Lots on Lands Located on Harry Gay Drive, Courtice 8.5 Michael Fry, D.G. Biddle & Associates Ltd, Regarding Report PSD -026-17, Applications by Bowmanville Village Inc. for Proposed Draft Plan of Subdivision and Zoning By-law Amendment 8.6 Judy Morris Regarding Report PSD -026-17, Applications by Bowmanville Village Inc. for Proposed Draft Plan of Subdivision and Zoning By-law Amendment 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications— Direction 10.1 Darlington Jennifer Kanters, Office Administrator, Darlington Soccer Page 18 Soccer Club Club - Request for an Exemption to the Sign By -Law (Motion for Direction) 10.2 Libby Libby Racansky — Regarding Conditions for Subdivision Page 22 Racansky Approvals (Motion for Direction) Page 3 CIarifl#oII Planning and Development Committee Agenda Date: April 3, 2017 Time: 7:00 PM Place: Council Chambers 11 Presentations No Presentations 12 Planning Services Department Reports 12.1 PSD -021-17 An Application by Valiant Property Management Page 25 Lowe's Home Improvement Store 12.2 PSD -022-17 An Application by Newcastle Lodge for Senior and Family Page 48 Dwellings to Construct a Six Storey, Mixed -Use Building Addition on King Avenue East, Newcastle 12.3 PSD -023-17 An Application by Gyaltsan Property Management Inc. to Page 63 Relocate a Previously Approved Five -Storey, Mixed -Use Building Away from Beaver Street South, Newcastle 12.4 PSD -024-17 Claret Investments Limited & 1361189 Ontario Limited - Page 111 Application to Amend the Zoning By-law to Facilitate the Creation of 15 Single Detached Lots on Lands Located on Harry Gay Drive, Courtice 12.5 PSD -025-17 An Application by Bloomfield Farms to Amend Sign Page 126 By-law 2009-123 to Permit an Electronic Message Board Sign on an Agricultural Property Located at 3745 Highway 2, Newcastle 12.6 PSD -026-17 Applications by Bowmanville Village Inc. for Proposed Draft Plan of Subdivision and Zoning By-law Amendment 13 New Business — Consideration 14 Unfinished Business None 15 Confidential Reports No Reports 16 Adjournment Page 4 Clar*wa Planning and Development Committee Minutes March 13, 2017 Minutes of a meeting of the Planning and Development Committee held on Monday, March 13, 2017 at 7:00 PM in the Council Chambers. Present Were: Mayor A. Foster, , Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor C. Traill, Councillor W. Woo Regrets: Councillor S. Cooke Staff Present: C. Clifford, D. Crome, C. Pellarin, K. Richardson, 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 -042-17 Moved by Councillor Hooper, seconded by Councillor Partner That the Agenda for the Planning and Development Committee meeting of March 13, 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 -043-17 Moved by Mayor Foster, seconded by Councillor Partner That the minutes of the regular meeting of the Planning and Development Committee, held on February 21, 2017, be approved. Carried -1- 5 Clarbgtoa Planning and Development Committee Minutes March 13, 2017 7 Public Meetings 7.1 Application for a Proposed Zoning By-law Amendment Applicant: Modo Bowmanville Towns Limited, Fifty Five Clarington Limited and Devon Daniell (Kaitlin Corporation) Report: PSD -015-17 Anne Taylor Scott, Senior Planner, made a verbal and electronic presentation to the Committee regarding the application. Henry Wildeboer, local resident, spoke in opposition to the application. He advised the Committee that he is concerned that this development will have a negative impact on the community. Mr. Wildeboer noted that this development will cause overcrowding, increased traffic, and parking issues in the area. He continued by explaining that he is concerned for the community and the area residents. Mr. Wildeboer asked the Committee to consider what they have learned from the previous similar development on McBride Avenue and asked if any changes have been made for this proposed development. He added that he is concerned that this area will become an undesirable area in the future. Mr. Wildeboer noted that he is concerned with transportation and asked if the extension of Clarington Boulevard will connect to Boswell Drive and continue to Highway 2. He concluded by advising the Committee that he is concerned for the community and the residents and does not want this area of Bowmanville to become "run down". Enzo Bertucci, Director of Planning, Kaitlin Corporation, spoke to the application. He thanked Staff for the report and organizing the public meetings. He noted that they are in support of the recommendations. Mr. Bertucci noted that the previous delegation was referring to a previous project on McBride Avenue and he explained that this is in a residential roadway. He added that the minimum requirement is for two parking spots which includes one in the garage and a single car driveway. Mr. Bertucci explained that the current application is for a common element condominium and they will have two parking sports per home, with designated visitor parking, and parking will not be permitted on the street. He concluded by explaining that they have been developing in Bowmanville for many years and these developments require architectural and design guideline approvals. -2- A• Clarbgtoa Planning and Development Committee Minutes March 13, 2017 8 Delegations 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 Patsy Thomas, LCJ Thomas Estates Inc., was present 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. She advised the Committee that many reports and assessments have been submitted and that they support the application. Ms. Thomas explained that they are requesting for the zoning to be changed from agricultural to urban residential. She concluded by offering to answer any questions from the Committee. 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications — Direction 10.1 Scott & Karen Muir – Regarding Report PSD -015-17, 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 Resolution #PD -044-17 Moved by Mayor Foster, seconded by Councillor Hooper That Correspondence Item 10.1 from Scott & Karen Muir, regarding Report PSD -015-17, 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, be received; and INifTiJW-1-1 15M1YA[o r-MOTIMM. 21 11 Presentations No Presentations Carried -3- Clar*wR Planning and Development Committee Minutes March 13, 2017 12 Planning Services Department Reports 12.1 PSD -015-17 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 Resolution #PD -045-17 Moved by Councillor Hooper, seconded by Mayor Foster That Report PSD -015-17 be received; 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; 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; 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; That should Blocks 1 to 4 be subject to future applications for Common Elements Condominium, no further public meeting be required; 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 That all interested parties listed in Report PSD -015-17 and any delegations be advised of Council's decision. Carried 12.2 PSD -016-17 Renaming Regional Road 57 in Clarington Resolution #PD -046-17 Moved by Councillor Hooper, seconded by Councillor Traill That Report PSD -016-17 be received; 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"; Clar*wa Planning and Development Committee Minutes March 13, 2017 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 That Council's resolution and a copy of Report PSD -016-17 be forwarded to the Region of Durham Planning and Economic Development Department. Carried 12.3 PSD -017-17 Application by Nathan Thomas to amend the Zoning Bylaw to Facilitate the Creation of Two Additional Single Detached Lots at 6 Mann Street, Bowmanville iamno ,uonmaw9xim,mi h Moved by Councillor Neal, seconded by Councillor Traill That Report PSD -017-17 be received; 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; 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; 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 That all interested parties listed in Report PSD -017-17 and any delegations be advised of Council's decision. Carried 12.4 PSD -018-17 An Application by 2084165 Ontario Limited and Akero Development Inc. for Low and Medium Density Development 3222 and 3350 Middle Road, Bowmanville Resolution #PD -048-17 Moved by Councillor Hooper, seconded by Mayor Foster That Report PSD -018-17 be received; 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; -5- E Clar*wn Planning and Development Committee Minutes March 13, 2017 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; 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; 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; 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 That all interested parties listed in Report PSD -018-17 and any delegations be advised of Council's decision. Carried 12.5 PSD -020-17 Regulations Regarding Designated Heritage Properties, Property Standards By-law Amendment Resolution #PD -049-17 Moved by Councillor Hooper, seconded by Councillor Partner That Report PSD -020-17 be received; That the Property Standards By-law, By-law 2007-070 be amended as outlined in Attachment 1 of Report PSD -020-17; and That all interested parties listed in Report PSD -020-17 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 None -6- 10 Clarbgtoa Planning and Development Committee Minutes March 13, 2017 15 Confidential Reports 15.1 PSD -019-17 Sale of 12 Fourth Street, Bowmanville Resolution #PD -050-17 Moved by Councillor Neal, seconded by Councillor Hooper That Confidential Report PSD -019-17 be received; That the recommendations contained in Confidential Report PSD -019-17, regarding the Sale of 12 Fourth Street, Bowmanville, be approved. Carried 16 Adjournment Resolution #PD -051-17 Moved by Councillor Partner, seconded by Councillor Traill That the meeting adjourn at 8:36 PM. Chair Carried -7- 11 Deputy Clerk Clarington Notice of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Official Plan and Zoning By-law ••• Valiant Property Management has submitted an application to redevelop the former Target store to a Lowe's home improvement store with a garden centre. The building containing Hakim Optical and Payless Shoes will be demolished to provide for a customer loading area. 2383 Highway 2, Bowmanville Northwest corner of Prince William Boulevard and Clarington Boulevard How to be Informed 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 Nicole Zambri 905-623-3379, extension 2422, or by email at nzambri _clarington.net How to Provide Comments Speak at the Public Meeting: Date: Monday, April, 3, 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 Nicole Zambri File Number: COPA 2017-0003, ZBA 2017-0006, SPA 2017-0010 Ono40� 4f �x , McDonalds 1 rA7MVlam. mnt v _� Loblawsj, y �' Kel�seys �# /r . ►'l L 10 i urha,n`High . ` O-�7 TD Bank wa ,' Plaza ; _. o .: -"- rro i owe �. A . 4f �x , McDonalds 1 rA7MVlam. mnt v _� Loblawsj, y �' Kel�seys �# /r . ►'l L 12 C = Subject Site TD Bank „ .. 7, Plaza ; _. o .: �. c r l Plaza L i -i Lowe's r Prince William Boulevard ZBA 20i7-0006� COPA 2017-0003 ,r SPA 2017-0010 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 P NG SYSTEM\Application Files\ZBA Zoning\2017\ZBA2017-0006 Lowes\Public Notice\Public Meeting Notice_Mar_8.docx 13 Clarbgtoa Nonce of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Official Plan and Zoning By-law, for a residential development. Newcastle Lodge for Senior & Family Dwellings wants to construct: • A six storey addition with 91 apartment units; and • 124 square metres of retail floor area on the ground floor. The addition along the King Avenue frontage will be connected to the existing building situated at 165 King Avenue East. This application has met all of the requirements of a complete application. 153 & 165 King Avenue East in Newcastle South side of King Avenue East across the Clarington Public Library, Newcastle Branch 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 Ruth Porras, Senior Planner/Urban Designer 905-623-3379, extension 2412. or by email at morrasa-clarinaton.net Speak at the Public Meeting: Date: Monday, April, 3, 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 Ruth Porras, Senior Planner/Urban Designer File Number: COPA 2017-0002 & ZBA 2017-0 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. 417;10z_ David J. Crome, MCIP, RPP Director of Planning Services IAADepartnnent\LDO NEW FILING SYSTEMWpplication Files\ZBA Zoning\2017\ZBA2017-0002 Newcastle Lodge\Public Notice\Public Meeting Notice_Feb.28-17.docx 15 Clarington Notice of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Official Plan and Zoning By-law. 16 Gyaltsan Property Management Inc. wants to relocate a previously approved five -storey, mixed- use building away from Beaver Street to the middle of the property. N oodland elivery 4EASTE KING AVENUntrance FOODLAND MASSEY BUILDING H O H LU LU 0 o � w o o wULLLiLLJ m u000000000 0 Proposed Entrance To p o Underground 5 -Storey Parking Mixed Use a Building ZBA2017-0008 Fence & COPA2017-0005 Landscape Buffer SPA2016-0003 109 King Avenue East, Newcastle (formerly 49 and 63 Beaver Street South) Part of the Foodland and Massey Building site. 'How to be Informed 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 Paul Wirch, Planner II at 905-623-3379, extension 2418, or by email at pwirchclarington.net rovide How . PComments Speak at the Public Meeting: Date: Monday, April, 3, 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 Paul Wirch. File Number: COPA 2017-0005 and ZBA 2017-0008 16 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 SYS ication Files\ZBA Zoning\2017\ZBA2017-0008 109 King Ave. W. (Gyaltsan)\4-Public Notice\ZBA 2017-0008 (5) Public Mtg Notice.docx 17 From: Jennifer Kanters To: Chambers, Michelle Subject: Re: Planning and Development Meeting - April 3rd, 2017 Date: March -07-17 2:00:54 PM Attachments: D00030717 sign Dermit-03072017135935.Ddf Good afternoon, My name is Jennifer Kanters and I am the Office Administrator for the Darlington Soccer Club. I work out of the office that is located inside the Bowmanville Indoor Soccer Facility on Baseline Road in Bowmanville. As you may know, Clarington opened the Indoor Soccer Facility in January of 2005. Since the opening, there has been an Agreement in place between the Darlington Soccer Club and the Municipality of Clarington whereby the Club makes a yearly contribution to the Indoor Soccer Facility based on our number of members. Unfortunately, in the past few years, the Club has seen a decline in these numbers. We feel strongly that an increase in our advertising could boost our registration numbers. The Club would like to purchase a black mobile (non -permanent) sign to assist in promoting Clarington's facility and the soccer programs, camps and clinics offered. Initially the Club had requested a permanent LED sign similar to those found at Garnet B. Rickard Community Complex, Newcastle and District Recreational Complex, Courtice Community Complex and South Courtice Arena to promote unity in Clarington, however this request was turned down in January of this year. As I understand it, the reasoning was due to the proposed expansion plans for the Bowmanville Indoor Facility. If this expansion happens to move forward, I assume a permanent sign would be part of the plans. That said, we would like to address the current situation and we believe a mobile sign would be a great solution in the meantime. Attached please find a copy of the quote from Canamex Promotions together with a picture of the sign we would like to purchase. The sign meets all of Clarington's current By -Laws guidelines and restrictions. I have also attached a diagram of the Mobile Sign Details in accordance with the Application for a Sign permit. The sign also has a Vandal Guard in place. The current Amendment No. 2011-10 to Sign By -Law 2009-123 states the following: "A maximum of three (3) sign permits may be issued within a twelve (12) month period for signs to be installed for a maximum of two (2) weeks for a communitygroup or not for profit organization provided that a minimum sixty (60) days has elapsed between the expiry of the last sign and the mobile sign as been removed for a period of sixty (60) days." I am writing this email today to respectfully request an exception to your Sign By -Law 2009-123 as follows: "A maximum of four (4) sign permits may be issued within a twelve (12) month period for signs to be installed for a maximum of up to eight (8) weeks for a communitygroup or not for profit organization provided that a minimum thirty (30) days has elapsed between the expiry of the last sign and the mobile sign as been removed for a period of thirty (30) days." Our intent is to allow for an extended window of advertising time. It is understood a sign application must be made to Clarington each time. Darlington Soccer Club is a Not for Profit Corporation and the lu application will be submitted as such. Clarington is an ever-growing community that welcomes new families every day. Our proposal for an exception to the current Sign By -Law will help generate an increasing awareness to your fields (Indoor and Outdoor) and our programs. Let's work together to build community partnerships and offer accessible recreation and continue to offer the highest quality programs and services for our outstanding community that we are all proud to be a part of. I am looking forward to speaking with you in person on April 3rd, 2017 at the Planning and Development meeting to help answer any questions you may have. Please feel free to direct any questions or concerns you may have to me at the following email: iennifer.darlington rogers.com or you may also reach me at 905-623-7309. Thank you for your time, Warm regards, Jennifer Kanters Office Administrator Darlington Soccer Club 2375 Baseline Road West Bowmanville, Ontario MC 5M2 905-623-7309 www.darlingtonsoccerclub.ca 19 CANAMEx P R 0 M 0 T 1 0 N 5 68 Centennial Rd., Unit 3 Orangeville, Ontario L9W 1P9 Tel.: 800-266-6674 Fax: 888-525-6474 QUOTATION Web site: www.canamexpromotions.com Email: canamex.nromotions(a,bellnet.ca TO: Jennifer Kanters, DARLINGTON SOCCER CLUB QUOTE NO.: 2017-022 2375 Baseline Road West, omanville, Ontario LIC 5M2 DATE: Jan 30, 2017 Tel: 905-623-7309 Email: Jennifer.darlin on rogers.com Model 4872 (4x6) Black sign tracked $899.00 $899.00 RE: MOBILE SIGNS c/w 350 pc 7" Letter Set Business No. 895986735 RTOOOI ITEM DESCRIPTION UNIT PRICE TOTAL 1 Model 4872 (4x6) Black sign tracked $899.00 $899.00 c/w 350 pc 7" Letter Set I Vandal Guard $400 $400.00 Note: Freight rate based on delivery to a commercial address* Freight $70.64 SUB TOTAL $1,369.64 HST 13% $178.05 TOTAL CDN Funds $1,547.69 All Prices F.O.B. Plant In Orangeville. All signs constructed using "good two -side" medium density overlay sheeting, PVC tracking applied with pneumatic stapling tools and baked on polyester paint. Quality is never compromised. Thank you for the opportunity to present this quotation. If you have any questions, please call me at 1-800-266-6674. Rob W. Irwin President 20 ZBA 0016 Rezoning April 3rd, 2017 Prior to rezoning and any other approval, Council should request that all Subdivision Conditions of Approval in Schedule A, Requirement 10 which states that the OWNER agreed to abide by all terms and conditions of Municipal Agreement, as per the OMB Decision be met. These are: 1. Requirement 5 that should demonstrate that the proposed subdivision will not adversely impact the existing wells. This wasn't fulfilled PRIOR TO and now after all previous development (Requirement 68 that was fulfilled by the Region) cumulatively and by acknowledgement of Regional hydrograph. 2. Requirement 19 stating that the OWNER shall at his expense, connect the affected party to municipal water supply or provide a new well to receive water quality and quantity prior to the interference. 3. Requirement 41 providing contingency plan was not offered to us and we were left to suffer or to be discriminated senior disabled citizen like my family. Mr. Halminen in adjacent neighbourhood protected people from this suffering and connected affected residents to municipal water supply immediately (Report PD 58-98, pg. 10). How is this fair? You have to consider sensitivity of the aquifer that is found nowhere else in GTA. The area is with high but shallow aquifer that is different from others. This aquifer is underlain by clay - EX 418 cross section at Nash Rd. -see Slide 2of my delegation). OMB testimony and study by Gibson, hydrogeologiat who studied wells in Courtice won over developer's hydrogeologiat Golder and monitoring of water quality and quantity is supposed to be a requirement, but that wasn't fulfilled by developer. Our Director of Works should be the one to enforce all decisions. Council referred all well issues in 2016 to Works. You cannot put all wells in Clarington into one basket and make decision on so called findings of CLOCA regarding climate change as a cause of dry wells. You have to consider special sensitivity of Courtice aquifer, hydrograph, history of development and OMB Decision for this area. Conclusion of Works: • THE ONLY THING THAT WE, AS NON -EXPERTS IN THE FIELD OF HYDROGEOLOGY, CAN DO IS RELY UPON THE OPINIONS OF THOSE WHO ARE. IN THIS CASE NOTHING HAS COME FORWARD TO PROVIDE PROOF OF LONG TERM NEGATIVE IMPACTS RELATED TO DEVELOPMENT. Planning Department confirmed that: As the block is within the original plan of subdivision all the original conditions of draft approval, as also contained in the subdivision agreement, remain applicable. 22 Council should take in account that it is not our fault that our Municipality doesn't have its own hydrogeologist. You do not have to be expert to read Regional hydrograph if you have eyes to see. Like any graph, you have to follow the lowest points of graph to find out that the aquifer was lowered from year to year after each development. The spikes of blue colour is precipitation that ends up in aquifer. Water level will go only as high in our wells as in surrounding aquifer that was drained by all subdivisions in the past development. Right now, even after so much of precipitation, there is no water for flashing the toilet, to do laundry, and so on. What is the cause??? It is clearing that has created more runoff and less infiltration to this aquifer, drainage and redirection of groundwater flow by changes to geological deposits. Conservation Authorities role is to guard streams and creeks which they are measuring as you can see in the photo. Creeks are surface water bodies, well water is stored underground in the aquifer. They are not measuring wells' water depths or aquifer sustainability. It would take long time for this aquifer to dry up. It may happen, if our Municipality will not be cautious and will not require studies on cumulative impacts of each development, mitigation and rehabilitation (assumed water table lowering — slide 5, 6; no impact — slide 7, but bathtub effect is possible). Conclusion: IT IS NOT OUR FAULT THAT OUR WORKS DEPARTMENT DOESN'T HAVE HYDROGEOLOGY EXPERT WHO WOULD ADVISE THEM ON IMPACT/S ON WELLS DEVELOPERS WILL NOT VOLUNTEER TO ADMIT THAT THEIR DEVELOPMENT WILL HINDER WELL FUNCTIONS COUNCIL SHOULD HELP THE MOST VULNERABLE DISABLED RESIDENTS, NOT TO DISCRIMINATE AGAINST THEM, AND SHOULD PROTECT THEIR WELL BEING, AND HEALTH. COUNCIL SHOULD REQUEST DEVELOPER/S TO RESTORE WELLS THAT WERE IMPACTED BY THEIR DEVELOPMENT PRIOR TO ALLOWING THEM TO PROCEED WITH ADDITIONAL DEVELOPMENT THIS WOULD BE FAIR DECISION BECAUSE THERE IS CLEAR EVIDENCE OF THIS IMPACT COUNCIL SHOULD USE THE OMB DECISION FOR THIS REASON AND WORKS DEPARTMENT COULD ENFORCE THIS DECISION APART FROM MY REQUESTS, PLEASE HIRE PART OF FULL TIME HYDROGEOLOGIST WHO WOULD PROTECT CLARINGTON RESIDENTS FROM FINANCIAL, PHYSICAL AND SOCIAL IMPACTS OF DEVELOPMENT PLAIN GRAPH: 23 wwa VV PCP Meurd: '6 92M A a A 414A 6 1,026 14 916.4 14 8792 1% 925,5 16 -1,072.9 rrage praclpltatlnn 900 mm/+ear H'DROGRAPH 2008 T.c 4r4.-9 * 42 rY91 'rA1RTi tri 3 v A!!LL LAVER CJ] CLAY AND-FaHAVE Red arrows depict water table in our well below the water intake — well cannot function Blue arrow is precipitation- as you can see, there was enough precipitation from 2006/7 to 2016, but the water table level in well can be only be as high as in surrounding unconfined aquifer. We are losing 900 mm or 90 cm of water per year. This may be caused only by drainage, clearing and groundwater flow redirection to SW pond by development. Libby Racansky 3200 Hancock Rd„ Courtice 24 Clarftwa PI nnin Services Planning Se ces 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: April 3, 2017 Report Number: PSD -021-17 Resolution Number: File Number: COPA2017-0003, ZBA2017-0006, By-law Number: and SPA2017-0010 Report Subject: An Application by Valiant Property Management Lowe's Home Improvement Store Recommendations: That Report PSD -021-17 be received; 2. That provided there are no significant issues raised at the Public Meeting, the Official Plan Amendment and Zoning By-law Amendment to permit a home improvement store (Lowe's) in the former Target building, be approved as contained in Attachment 1 and Attachment 2 to Report PSD -021-17; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -021-17 and Council's decision; and 4. That all interested parties listed in Report PSD -021-17 and any delegations be advised of Council's decision. 25 Municipality of Clarington Report PSD -021-17 Report Overview Page 2 This is a public meeting and recommendation report for approval of an application submitted by Valiant Property Management. The proposal is for the redevelopment of the former Target department store and adjacent lands to the east to permit Lowe's home improvement retail store located at 2383 Highway 2 in Bowmanville. As part of the retrofit, additional modifications are proposed to accommodate the needs of the Lowe's operation. One such modification is the demolition of the Hakim Optical and Payless Shoes building to the east to accommodate a customer pick-up and loading area for lumber and other large contractor's materials. These two existing tenants will relocate to another building within the Bowmanville West Town Centre. The approval of the recommended Official Plan Amendment and Zoning By-law Amendment will allow for a home improvement store in the former Target building. 1.1. Owner: Valiant Property Management 1.2. Applicant: KWA Site Development Consulting Inc. 1.3. Proposal: Application to amend the Bowmanville West Town Centre Secondary Plan: To permit a large format home improvement store (Lowe's) on lands designated General Commercial. Application to amend Zoning By-law 84-63: To delete and replace the maximum total floor area for a shopping centre from 17,000 square metres to 19,280 square metres. To allow for a garden centre or seasonal garden centre as an accessory to any type of permitted use. To permit a home improvement centre within the General Commercial Exception (C1-14) Zone. To delete the clause regarding the need for a department store to be in operation in order for the other non-residential uses to be permitted on site. To amend the total days that a seasonal garden centre can occupy the parking area from 90 days to 120 days. To allow for an outdoor storage area to a maximum of 400 square metres accessory to a home improvement store. 26 Municipality of Clarington Report PSD -021-17 1.4. Area: 1.5. Location: 1.6. Roll Number: 1.7. Within Built Boundary: 2. Background Page 3 To allow for an outdoor display area accessory to a home improvement store, within the parking area in the vicinity of the main drive aisle to the building, provided there is no display of building materials, empty pallets, containers, refuse containers or large equipment. To allow for an outdoor display area accessory to a permitted use, in the vicinity of the main entrance to the building, provided there is no display of empty pallets, containers, storage units, refuse containers or large equipment. 6.56 hectares (16.2 acres) 2383 Highway 2, Bowmanville 1817-010-020-17200 Yes 2.1. On February 27, 2017, Valiant Property Management submitted an application for a Lowe's Home Improvement Store to occupy the vacant building formerly used by the Target retailer. The building had been occupied by Target for a short period of time, from 2012 to 2015, due to the corporation's decision to shut down all their Canadian stores. Prior to 2012, the building was occupied by a Zeller's department store. The building has been vacant for the past 2 years, as is the case with most of the former Target buildings seen across the Greater Toronto Area. It appears to be difficult to find a suitable tenant to occupy these large commercial spaces. Figure 1 shows the existing fagade. Figure 1 — Vacant building formerly occupied by Target 27 Municipality of Clarington Report PSD -021-17 Page 4 2.2 Some modifications to the building and the surrounding site will be needed in order to accommodate the Lowe's prototype and operation. The majority of the changes include changes to the facade, partial demolition to the west end of the building to accommodate a garden centre, and demolition of the building to the east, currently occupied by Payless Shoes and Hakim Optical, for a pick-up and loading area or customers. 2.3 The following reports were submitted in support of the application and circulated for comments. A summary of the supporting documents is provided in Section 7 of this report: • Planning Justification Report; • Environmental Noise Impact Assessment; • Phase 1 Environmental Site Assessment; and • Traffic Brief. WY -_7 R CIA -le NOiSNI�JVIO 0 I 1 1 1... 11 I I 1, 1 1 1 1 1 1 1 1 I I I III 1 1 1 1 1! I I I I II ' 1 AJ_ T �Y I I I ,,,,, 1 ' �'� � � t 1 l I l 1 1 1 1 1 l I 1 I I 1 I 1 1 1 1 1 I i i I I �+- -f- 4+4 -f -f 4+ 4-64-1-�� 1 1.1 1� I 1 11 1 1 1 1 1 1 :I 1 1 1 1 1 1 11 O 11 1 1 1 1 I 1 1 1 ;- 1 1 1 1 1 1 1 1 1 I i i i i i i i " i ' 1� I I I I1 1 ���� !!!]71 1 1 1 1 1 1 1 I I �I 1 I w�SS 1 I I I I I ddd nF 1 1 --- ® c __F 11 1 1 I I 1 I n e 1 1 1 � ��• a n`ef J� i -r- I I i i i t! aaesr,�r,x I I In K gg Wa W�meg¢ Of =off ODW m� m O w F ¢�¢ �a ■ LL w�SS ryry�I ar'u .I�Og8f11N i µI 1p �11S'ad � • --- ® c __F I � ��• n`ef J� `a ■ LL Municipality of Clarington Report PSD -021-17 Page 6 3. Land Characteristics and Surrounding Uses 3.1 The building is located in the Clarington Shopping Centre on the northwest corner of Clarington Boulevard and Prince William Boulevard. An existing retail shopping plaza, a Kelsey's, McDonalds, and a TD Bank already exist on the subject site. Figure 3 shows the existing site with the proposal for the Lowe's store. C =� = Subject Site 0 � -r TD Bank o .. Plaza C. 161 `—°! Lowe's 74 N _ - �� Prince William Boulevard SPA 2017-0010 Figure 3 - Proposed Lowe's in the Clarington Shopping Centre 3.2 The surrounding uses are as follows: North: Commercial retail and service uses South: Residential (retirement home and condominium apartments) and a vacant lot designated for a neighbourhood park East: Commercial retail and service uses West: Commercial retail and service uses 30 5 .r Durhan? Higwa �•r y 2 Irl / r Loblaws McDonalds 'a - ' Kelseys C =� = Subject Site 0 � -r TD Bank o .. Plaza C. 161 `—°! Lowe's 74 N _ - �� Prince William Boulevard SPA 2017-0010 Figure 3 - Proposed Lowe's in the Clarington Shopping Centre 3.2 The surrounding uses are as follows: North: Commercial retail and service uses South: Residential (retirement home and condominium apartments) and a vacant lot designated for a neighbourhood park East: Commercial retail and service uses West: Commercial retail and service uses 30 Municipality of Clarington Report PSD -021-17 4. Provincial Policy 4.1 Provincial Policy Statement Page 7 The site is located within the settlement area of Bowmanville. The Provincial Policy Statement identifies settlement areas as the focus of growth and development. Within the settlement areas, planning authorities shall promote opportunities for intensification and redevelopment where it can be accommodated, taking into account existing building stock and the availability of existing infrastructure. The proposal presents an opportunity to redevelop an existing vacant building and makes efficient use of existing infrastructure. The proposal minimizes servicing costs and land consumption. The Provincial Policy Statement also encourages municipalities to promote long-term economic prosperity and support opportunities for economic development. The re - tenanting of a building that has remained vacant for over two years and will support commercial development and the viability of the shopping centre and provides an economic opportunity. The application is consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan The subject lands are within the Built Boundary. The Growth Plan encourages growth, including the conversion of existing buildings, to the already built-up areas through intensification and efficient use of existing services and infrastructure. Although this proposal is not proposing a more intensified use than what exists today, the development is making use of an existing building and utilizing existing infrastructure already in place. The application conforms to the Growth Plan for the Greater Golden Horseshoe. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject property as a Regional Centre. Regional Centres are to be developed with a full array of commercial, major retail, institutional, residential, and entertainment uses. The proposed commercial use is permitted in the Durham Region Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the lands as a Town Centre. The lands are also within the Bowmanville West Town Centre Secondary Plan area. The Bowmanville West Town Centre is a centre of regional significance providing the highest level of retail and service uses. The Town Centre shall provide a mix of uses, encourage activity along the 31 Municipality of Clarington Report PSD -021-17 Page 8 street edges and shall support transit and pedestrian activity. The urban design policies of the Town Centre designation are implemented through the review and approval of development applications. The Clarington Official Plan also encourages the creation of new employment opportunities and new retail and commercial developments in order to achieve the economic goals and objectives of the Municipality. The proposed retail commercial use will create jobs to support the economic goals of the Municipality. The proposed use also meets the intent of the policies by redeveloping the existing building with a new proposed retail use, which complements the other commercial uses on the site. 5.3 Clarington Official Plan as Amended by Amendment 107 On November 1, 2016, Council adopted Official Plan Amendment 107 (OPA 107) to bring the Clarington Official Plan into conformity with the Regional Official Plan and the Provincial policies. The subject lands are identified as an Urban Centre. The Amendment establishes a hierarchy of urban structure typologies, which includes Urban Centres. Urban Centres are one of Clarington's Priority Intensification Areas which are the primary locations to accommodate growth and contains the greatest mix of land uses. Commercial uses are permitted within the Urban Centre. The Amendment also established a long term floor space index of 2.5 (buildings are to be 2.5 times the area of the site) and commercial developments are to be a minimum height of two storeys. These policies are intended to be applied to new commercial developments within the Urban Centres and guide the development or update of Secondary Plans. These policies are not applicable as the building already exists and is not new construction. The proposed amendment application only adds a use to a vacant building. The proposal is not a more intensified use than what exists today but it is making use of an existing building and utilizing existing infrastructure already in place. Utilizing existing buildings is supported over building on vacant sites. The proposal meets the policies of the OPA 107 as adopted by Council. 5.4 Bowmanville West Town Centre Secondary Plan The applicant is seeking to include large format home improvement store as a permitted use within the lands designated General Commercial in the Bowmanville West Town Centre Secondary Plan. One of the goals in the Bowmanville West Town Centre is to create a unique sense of place and foster social interaction through high quality architectural treatments and site planning that provides visual interest at a pedestrian scale. It shall be a place that provides for a range of opportunities for employment, including retail. The retail services 32 Municipality of Clarington Report PSD -021-17 Page 9 shall complement the East Town Centre in servicing regional and local retail needs as population growth occurs. Retail limits were established in order to define the role of the Bowmanville West Town Centre in relation to the historic downtown. Population growth was linked to the retail growth allowed in the Bowmanville West Town Centre. The retail floor space limits are only applicable until such time as the Clarington population reaches 91,000 persons. As of the most recent census data, 2016, Clarington's population is 92,000. The retail threshold limits are no longer applicable as we have exceeded the population threshold established in the Secondary Plan. The Secondary Plan policies will need to be updated to comply with the provisions of the Clarington Official Plan as amended by OPA 107. Furthermore, the proposed re -tenanting of the former Target store does not introduce more retail floor space. The subject lands are designated General Commercial in the Bowmanville West Town Centre Secondary Plan and are intended to be used for a variety of retail activities including larger format retail stores. The Lowe's Home Improvement Store is a large format retail store however, the policies specifically exclude large format home improvement centres, although retail uses are acceptable. The applicant has applied for an Official Plan Amendment to allow a large format home improvement store on the west side of Clarington Boulevard and south of Highway 2. This is similar to the Home Depot site which has a site specific exception in the Secondary Plan policies. There are a number of urban design policies in the Bowmanville West Town Centre Secondary Plan that will be addressed through the site plan process and are further discussed in Section 11 of this report. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands "General Commercial Exception (C1-14)". Although the zone permits a number of retail commercial uses, it does not list a home improvement store as a permitted use. The C1-14 Zone was the only section not updated as part of the Commercial Policy Review for the Bowmanville West Town Centre. The zone also prohibits all non-residential uses unless a department store is in operation on the lands. The applicant is seeking an amendment to the Zoning By-law in order to facilitate the proposed development and delete the regulation that requires a department store to be in operation in order for other commercial uses to be permitted. The C1-14 Zone also limits the total floor area for the shopping centre to a maximum of 17,000 square metres. A minor variance was approved in 2012 to increase the permitted floor space to 19,280 square metres. The total floor area will actually decrease with the demolition of the west part of the building and the Hakim Optical and Payless Shoes building. The applicant is requesting that the zoning by-law amendment recognize the permissions approved through the variance. 33 Municipality of Clarington Report PSD -021-17 Page 10 As part of the retrofit, additional amendments are requested to accommodate the needs of the Lowe's operation, such as: • To allow for a garden centre or seasonal garden centre as an accessory to any type of permitted use (green area on Figure 2). • To amend the total days that a seasonal garden centre can occupy the parking area from 90 days to 120 days. • To allow for an outdoor storage area to a maximum of 400 square metres accessory to a home improvement store (orange area on Figure 2). • To allow for an outdoor display area accessory to a home improvement store, within the parking area in the vicinity of the main drive aisle to the building, provided there is no display of building materials, empty pallets, containers, refuse containers or large equipment (purple area on Figure 2). • To allow for an outdoor display area accessory to a permitted use, in the vicinity of the main entrance to the building, provided there is no display of empty pallets, containers, storage units, refuse containers or large equipment. A discussion of the proposed amendments is contained in Section 11 of this report and Staff have suggested some modifications to better reflect the proposal. The recommended amendment to the zoning by-law are included in Attachment 2 to this report. 7. Summary of Background Studies 7.1 The applicant submitted four studies in support of the applications. A summary of their conclusions is provided below. 7.2 Planning Justification Report A Planning Justification report was submitted by KWA Site Development Consulting Inc. in support of the home improvement store as a permitted use. The report offers the following observations about the proposed re -tenanting of the existing building for a home improvement store: • Redevelopment will continue the future viability of the existing shopping centre. • Development is within the Built Boundary of the Growth Plan and optimizes existing land supply and utilizes existing municipal services. • It promotes the rejuvenation and redevelopment of Regional Centres. • It supports the economic function of the Urban Centre. 34 Municipality of Clarington Report PSD -021-17 Page 11 The proposal is not considered new development, rather, retrofit of existing retail space to accommodate a new tenant that is similar to the previous Target store. The changes are in keeping with the overall character of the existing shopping centre. The proposal is compatible with all current land uses and satisfies the built -form objectives of the Clarington Official Plan and the Bowmanville West Town Centre Secondary Plan. 7.3 Traffic Review A Traffic Review was completed by Dillon Consulting to address Staff's concerns regarding traffic movements of customers and truck turning movements of delivery vehicles. Plus potential impacts on entrances and stopping or parking on Prince William Boulevard. The Traffic Review indicated that the traffic at the customer lumber and loading area is relatively minimal and there are many options to disperse the traffic exiting the area. No foreseen problems should arise from vehicle queuing in the lumber loading area which would have an impact on traffic at the Clarington Boulevard entrance. The review demonstrated that truck turning movements can be accommodated and that the lumber truck delivery at a Lowe's store typically occurs during the weekday in the mid-morning (around 10 am) when customer activity is low. This reduces the amount of conflicts between customer vehicles and the delivery trucks. The review also indicates that all delivery trucks can be accommodated geometrically on site and have space to unload without interfering with other site activity. There is no expectation that trucks will stop on Prince William Boulevard to unload merchandise. 7.4 Environmental Noise Impact Assessment An Environmental Noise Impact Assessment was prepared by Novus Environmental. The purpose of this report was to assess the potential noise impacts from the proposed Lowe's operations and stationary sources, on the surrounding residents. The Lowe's will alter the existing building, which could potentially relocate the emergency generator. The current proposal is to leave the generator in its existing location. The worst case scenario for noise impacts was assessed in the event that the generator would be relocated to the south. The study concluded that noise levels from the proposed commercial operations are below the applicable noise guideline limits for the surrounding residents. The Lowe's is compatible with surrounding land uses, from the perspective of potential noise impacts on both existing and future planned sensitive receptors. 35 Municipality of Clarington Report PSD -021-17 7.5 Phase 1 Environmental Site Assessment Page 12 A Phase 1 Environmental Site Assessment was prepared by EXP Services Inc. to determine if there were any indications of site contamination on the property. Based on the study, the orchards that had been present on the property are considered a potential contamination activity. Potential contaminants could be metals and organochlorine pesticides. However, these are considered low risk as they are not volatile and do not dissolve in groundwater. The presence is likely restricted to surface soil and since the site was redeveloped in the early 2000's, it can be assumed that the site was graded and any contaminated soil was removed off-site. The report indicated that the previous agricultural use is not a concern and they did not identify any other potentially contaminating activities on or surrounding the site that could result in an area of significant environmental concern. No further assessment work is warranted at this time. 8. Public Notice and Submissions 8.1 Public notice was given in accordance with the Planning Act prior to the Public Meeting. Public notice was sent by mail to each landowner within 120 metres of the subject property and the appropriate signage acknowledging the application was installed on the subject lands, refer to Figure 4. The public notice was also posted on the Municipal website and in the Planning Services Departments E -update. Figure 4 — Public Notice sign posted along Clarington Boulevard 36 Municipality of Clarington Report PSD -021-17 Page 13 8.2 As of the writing of this report, Staff have received four inquiries regarding this application. Their main concerns were the disappearance of the Hakim Optical and Payless Shoes stores and that there is no demand for another home improvement store. Many expressed an interest in having other specific retailers locate in this building such as Home Sense, No Frills, Michaels, and Giant Tiger. 9. Agency Comments Regional Municipality of Durham At the time of writing this report, Staff did not receive any comments from the Region. 10. Departmental Comments 10.1 Engineering Services The applicant proposes to redevelop an existing commercial block. Engineering has reviewed the application and have no objection to the proposal. Engineering Staff agree with the approach and recommendations provided by the applicant in regards to Site Servicing and Grading, Traffic, Noise Impact and Landscaping. Additional details are required for the Truck Turning Movement Report, which will be addressed through site plan approval. 10.2 Emergency and Fire Services The sprinkler system may have to be modified to suit new tenant. No objection to proposed Official Plan Amendment or Zoning By-law Amendment. 10.3 Building Division No objection to the proposed Official Plan Amendment or Zoning By-law Amendment. 11. Discussion 11.1 Permitting the home improvement store use The site is located within the Bowmanville West Town Centre. Retail commercial and urban activity is to be directed towards this area, however, in the General Commercial designation home improvement stores are explicitly excluded. A review of the Bowmanville West Town Centre policies were initiated in the early 2000's and at that time, home improvement stores were a use that was limited to Highway Commercial Areas. The rationale behind the exclusion of the home improvement stores was twofold. One reason was that staff considered large format home improvement stores to be more of a quasi -industrial use with bulk storage and daily shipping of bulk goods, outdoor storage and display. It was more suited to a Highway Commercial Area and it was not consistent 37 Municipality of Clarington Report PSD -021-17 Page 14 with the type of urban environment planned for the area. The Bowmanville West Town Centre was to have a strong retail pedestrian environment. Council at that time did not concur with staff's position and approved the Home Depot Store. Home improvement stores have continued to evolve and they are now sell more than building supplies, they also sell interior furnishings, appliances, carpets, lighting, etc. The second reason was that the Municipality had concerns regarding the market impact of a home improvement centre on existing retailers. A Commercial Policy Review was completed in 2006 by Meridian Planning Consultants to determine, among other issues, whether Clarington could support a large format home improvement store without affecting the historical downtown areas. The Commercial Policy Review was a comprehensive examination of the Municipality's approach to commercial planning. The market impact analysis concluded that the Clarington market could support two home improvement stores by 2007 with a population of 85,000 people. The proposed Home Depot was being considered at that time. The review indicated that another home improvement store could enter the market through increased recapture of sales from outside of Clarington, market growth opportunities, and sales transfers from existing stores located in the market. The Rona store subsequently proceeded but never opened. Now that the Rona store on Baseline Road has not proceeded, the proposed Lowe's home improvement store could be considered. The Lowe's home improvement store retrofit meets the policies for making efficient use of existing infrastructure within the already built up areas of the Municipality. The development would make use of a building that has remained vacant for over two years. Some concerns were raised by the general public on the disappearance of the Hakim Optical and Payless Shoes stores. The applicant has informed the Municipality that these two existing tenants will relocate to their other holdings within the area. There was also some concerns about the demand for another home improvement store. The general public expressed an interest in having other specific retailers locate in this building such as Home Sense, No Frills, Michaels, and Giant Tiger. Although the other tenants mentioned would be a great addition to the diversity of retailers in Bowmanville, the Municipality cannot force a store to open any more than it can stop a store from closing. There are further opportunities for additional retailers in the Bowmanville West Town Centre. 11.2 The department store requirement The Zoning By-law requires that in order for the commercial uses on the Clarington Centre site to operate a Department Store is constructed and operated development in the early 1990s was that it would bring a Department Store to Clarington allowing for the recapture of the outflow of market sales. Without this, there was concern that there could be a negative impact on the downtown and Bowmanville Mall. A provision was included in 1994 Zoning By-law amendment to ensure that the developer, Markborough Properties Municipality of Clarington Report PSD -021-17 Page 15 Inc., met their commitment to the Municipality. This provision is now obsolete; the Zellers Department Store was built. Further, with both the evolution in retailing and the construction of a Walmart and an enlarged Canadian Tire store on the Smart Centre site, there are similar type of anchor tenants present to fulfill this function for the Bowmanville West Town Centre The zoning by-law amendment will delete the requirement for a department store to be in operation in order for the other commercial uses to be permitted on the site. 11.3 Maximum floor area The maximum total floor area limits of 17,000 square metres was also a way to limit the amount of commercial development in the West Town Centre. A minor variance was approved in 2012 to increase the permitted floor space to 19,280 square metres. The applicant is requesting that the zoning by-law amendment recognize the permissions approved through the variance. The Bowmanville West Town Centre Secondary Plan has policies that phased retail growth with population thresholds. The Municipality has now passed that population threshold and the floor area limits are no longer applicable or necessary. Staff recommend deleting the maximum floor area in its entirety since it is no longer applicable. 11.4 Economic Opportunity The Clarington Official Plan encourages the creation of new employment opportunities and new retail and commercial developments in order to achieve the economic goals and objectives of the Municipality. The proposed retail commercial use will create jobs to support the economic goals of the Municipality. It is important that the Municipality remains competitive and adaptable to promote employment opportunities. The changes proposed by the applicant reflect the change in the retail markets and promote reinvestment in the community by making use of an abandoned building which has been vacant for over two years. Job creation is a priority for the Municipality and it should be balanced against residential growth. Over the past few years, Clarington's population growth has been rapidly increasing. The recent 2016 Census data showed that Clarington had the second highest population growth in Durham. Given the growth in population and based on the 2006 commercial Market Policy Review, Clarington could support another home improvement store within the community. 11.5 Urban Design As noted above, home improvement stores are not ideal tenants when the goal is to create an active retail pedestrian environment around a transportation hub. However, given Council's previous decision on Home Depot and the economic benefits of filling a large empty existing commercial space, urban design elements will be mitigative in nature, and in some cases the traditional format is not possible in a retrofit situation. The key elements of concern for the proposed home improvement use are: 39 Municipality of Clarington Report PSD -021-17 • Outdoor storage area for lumber along Clarington Boulevard; • Pedestrian connectivity to the plaza from Clarington Boulevard through the loading/contractors entrance; Page 16 • Outdoor storage/display area in front of the store which would impede pedestrian connection from Clarington Boulevard to other stores. This outdoor display area usually contains fencing, patio stones, playground equipment, etc; • Location of the trailer and shed display along the main north entrance drive aisle; • Garden Centre entrance feature on the terminal axis to the north entrance drive aisle. Urban Design principles, detailed site design criteria and building design policies are provided in the Bowmanville West Town Centre Secondary Plan. These policies will be used to assist in the evaluation of the site plan application. The specific design components are: Site Design Sidewalks and walkways should incorporate pedestrian scaled amenities where possible and promote pedestrian activity to stimulate visual interest through the use of landscaping, street furnishings, outdoor merchandise display and selling area. The proposal shows enhanced landscaping along the main drive aisle as customers approach the garden centre, as well as at the corner of Clarington Boulevard and Prince William Boulevard and at the vehicle entrances off of Clarington Boulevard. The proposed zoning by-law amendment does not permit for outdoor display areas for merchandise along the north-fagade of the store. The type of outdoor display at a home improvement store are generally for bulk goods, patio stones, fences, playground equipment etc. This frontage and sidewalk width were not designed to accommodate this type of outdoor displays. Pavement marking have to be clearly marked and safe for the pedestrian crossings to the store entrance. Further discussion is needed regarding the type of material used for the crosswalks. The proposal shows an outdoor storage area facing the public streets of Clarington Boulevard and Prince William Boulevard. The Bowmanville West Town Centre Secondary Plan states that the storage of goods shall generally be integrated as part of the building and not as a separate stand-alone structure. From an urban design perspective the placement of the outdoor storage will be visible along Clarington Boulevard. The applicant has partially screened the area that faces Prince William Boulevard with landscaping, however, further screening is required to enhance the corner and the pedestrian realm. A minimum 2 metre landscape buffer and screening fence along Clarington Boulevard shall be provided. Municipality of Clarington Report PSD -021-17 Building Design Page 17 The canopy above the customer loading area should be articulated to enhance the corner and the street fagade along Clarington Boulevard, especially since it is replacing an existing building which already contained an articulated corner, refer to Figure 5 (Hakim Optical and Payless Shoes building). Figure 5 -Hakim Optical and Payless Shoes building to be demolished and replaced with customer pick-up and loading area The proposed Garden Centre will be located on the North West corner of the building, adjacent to the existing plaza. The entrance to the Garden Centre will be located along the main elevation. There is also a walkway that connects the shopping centre to the residential area located to the south. It is recommended that a fence design in keeping with the overall building design should be provided. The proposal shows columns incorporated in the fence design, however more detail should be provided. The Garden Centre area is also an appropriate spot for the display of large outdoor items. Landscaping Given that much of the existing vegetation on the property is in poor health, the landscaping would need to be maintained, restored and improved as part of this process. 12. Concurrence Not applicable. 41 Municipality of Clarington Report PSD -021-17 13. Conclusion Page 18 This report provides background information on the Lowe's application and considers all agency, staff and public comments received to date. The proposal is to re -tenant an existing vacant building for a home improvement store. Given the economic objectives of the Municipality and making efficient use of land and infrastructure, the proposal is considered to be appropriate for the subject site. Staff will work with the applicant on addressing the urban design components through the site plan application. Provided that there are no substantive objections raised at the Public Meeting, it is respectfully recommended that the Clarington Official Plan Amendment and Zoning By-law Amendment, be approved. 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: (for) Curry Clifford, MPA, CMO, Interim CAO Staff Contact: Nicole Zambri, Planner, 905-623-3379 ext. 2422 or nzambri(a-clarington.net Attachments: Attachment 1 — Colour Elevation Attachment 2 — Official Plan Amendment Attachment 3 — Zoning By-law Amendment The following is a list of interested parties to be notified of Council's decision: Valiant Property Management c/o Beth Kelly KWA Site Development Consulting Inc. c/o Rob Walker NZ/COS/df 42 IVlunlclpanty of Llarington Report PSD -021-17 EXISTING BUILDING EXISTING T/O /11h, FRAnAINr EXISTING T/O WALL / 93, A" Attachment 1 to Report PSD -021-17 FXI�TINf� RI III fllNf� 27 - 1 PROPOSED METALRO' W/ SNOW GUARD PROPOSED STEEL TUBE TO BE PAINTED (P-6) PROPOSED CAST ST - PROPOSED MASONRY PROPOSED FINISH. COLOUR TO ALUMINUM SLIDING MATCH EXISTING DOOR ENTRANCE PROPOSED NORTH ELEVATION U 1/16" = V-0" EXISTING BUILDING �r PARAPET HEIGHT TO BE RAISED PROPOSED EIFS BAND - PROPOSED LOWE'S RED (EF -6) ILLUMINATED PROPOSED EIFS - EXTERIOR SIGNAGE LOWE'S BLUE (EF -3) (9'-6" L SIZE) PROPOSED CORNICE MOULDING T.O. HIGH LOWE'S WARM WHITE (EF -7) FRAMING T/O WALL 34' - 7" 23'- 4" EXISTING EIFS FINISH TO REMAIN 0 EXISTING ALUMINUM EXTRANCE - EXISTING FASCIA OF CANOPY TO BE PAINTED AND GLAZING TO REMAIN LOWE'S BLUE (PF -5). U/S OF CANOPY TO BE PAINTED WHITE EXISTING STONE FINISH TO REMAIN EXISTING EIFS FINISH TO REMAIN EXISTING RAIL TO EXISTING MASONRY EXISTING OVERHEAD REMAIN FINISH TO REMAIN COILING DOOR TO REMAIN PROPOSED SOUTH ELEVATION EXTENT OF PROPOSED SHADE STRUCTURE EXISTING WALLS, ROOFS & STRUCTURE TO BE REMOVED PROPOSED GATE PARAPET HEIGHT PROPOSED 16'-0" TUBULAR TO BE RAISED STEEL DECORATIVE FENCIN PROPOSED SHADE PROPOSED 20'-0" HIGH STRUCTURE BEYOND BRICK PIER TO MATCH EXISTING TO MAOTCHDEXISTING WALL - 19' - 3" 3�- 19' - 3"- 19'- 3" 3�- 19' -0.1 -L PROPOSED WEST ELEVATION U 1/16" = V-0" PROPOSED ILLUMINATED EXTERIOR EXISTING PRE -FIN. METAL SIGNAGE (7'-1" L SIZE) FLASHING TO REMAIN EXISTING EIFS WALLS TO BE EXISTING METAL EXISTING EIFS FINISH PAINTED LOWE'S BLUE (PF -5) SIDING TO REMAIN AND REVEALS TO REMAIN 1 EXISTING STONE FINISH TO REMAIN PROPOSED EAST ELEVATION U 1/16" = 1'-0" EXISTING PRE -FIN. METAL FLASHING TO REMAIN EXISTING MASONRY FINISH TO REMAIN EXTENTS OF COVERED AREA OF GARDEN CENTER EXISTING EXISTING MASONRY GLAZING TO FINISH TO REMAIN REMAIN EXISTING WALLS, ROOFS & STRUCTURE TO REMAIN EXISTING PRE -FIN. METAL EXISTING METAL FLASHING TO REMAIN SIDING TO REMAIN EXISTING MASONRY FINISH TO REMAIN EXISTING EIFS WALLS TO BE PAINTED LOWE'S BLUE (PF -5) EXISTING DOORS & — FRAMES TO BE PAINTED EXISTING DOORS & FRAMES TO BE PAINTED EXISTING MASONRY FINISH TO REMAIN EXISTING DOORS & FRAMES TO BE PAINTED EXISTING PIPE EXISTING GENERATOR EXISTING EIFS TO REMAIN EXISTING DOORS & — FRAMES TO BE PAINTED EXISTING PRE -FIN. METAL FLASHING TO REMAIN EXISTING MASONRY FINISH TO REMAIN EXISTING EIFS FINISH TO REMAIN PROPOSED METAL ROOF W/ SNOW GUARD PF -5 PROPOSED METAL CAP FLASHING. - PAINTED TO MATCH EXISTING PARAPET HEIGHT TO BE RAISED PROPOSED EXTERIOR SIGNAGE (2'-4" C SIZE) PROPOSED GATE - PROPOSED 4'-0" EIFS WALL TO MATCH EXISTING PROPOSED SHADE STRUCTURE BEYOND EXISTING EIFS WALLS TO BE PROPOSED RAIN PAINTED LOWE'S BLUE (PF -5) SCREEN BEYOND EXISTING DOOR & EXISTING REVEALS FRAME TO REMAIN TO REMAIN EXISTING EIFS WALLS TO BE PAINTED LOWE'S BLUE (PF -5) EXISTING FASCIA TO REMAIN — EXISTING EIFS FINISH TO REMAIN PROPOSED SIGNAGE (1'-11" G SIZE) PROPOSED GATE PROPOSED 16'-0" TUBULAR STEEL DECORATIVE FENCING REVISIONS OPRE-BID SET POST BID SET ISSUE DATE A ISSUE DATE DATE # DESCRIPTION 2017-02-03 1 ISSUED FOR SPA SUBMISSION 2017-02-10 7 ISSUED FOR SPA RESUBMISSI ON I a 4RCHITECTS JC L "E(�GE ._ t1�1J71:19ci it-t}ii`, PROPOSED WALL BEYOND EXISTING GLAZING TO REMAIN N EXISTING EIFS FINISH TO REMAIN PROPOSED MASONRY FINISH. EXISTING METAL CANOPY COLOUR TO MATCH EXISTING CANADA, ULC. TO BE PAINTED IN WHITE W M PROPOSED METAL CAP T/O CORNER EXISTING FLASHING. PAINTED TO MATCH Z 416.730.7300 EXISTING PARAPET „ PARAPET HEIGHT TO BE RAISED - 27 - 1 PROPOSED METALRO' W/ SNOW GUARD PROPOSED STEEL TUBE TO BE PAINTED (P-6) PROPOSED CAST ST - PROPOSED MASONRY PROPOSED FINISH. COLOUR TO ALUMINUM SLIDING MATCH EXISTING DOOR ENTRANCE PROPOSED NORTH ELEVATION U 1/16" = V-0" EXISTING BUILDING �r PARAPET HEIGHT TO BE RAISED PROPOSED EIFS BAND - PROPOSED LOWE'S RED (EF -6) ILLUMINATED PROPOSED EIFS - EXTERIOR SIGNAGE LOWE'S BLUE (EF -3) (9'-6" L SIZE) PROPOSED CORNICE MOULDING T.O. HIGH LOWE'S WARM WHITE (EF -7) FRAMING T/O WALL 34' - 7" 23'- 4" EXISTING EIFS FINISH TO REMAIN 0 EXISTING ALUMINUM EXTRANCE - EXISTING FASCIA OF CANOPY TO BE PAINTED AND GLAZING TO REMAIN LOWE'S BLUE (PF -5). U/S OF CANOPY TO BE PAINTED WHITE EXISTING STONE FINISH TO REMAIN EXISTING EIFS FINISH TO REMAIN EXISTING RAIL TO EXISTING MASONRY EXISTING OVERHEAD REMAIN FINISH TO REMAIN COILING DOOR TO REMAIN PROPOSED SOUTH ELEVATION EXTENT OF PROPOSED SHADE STRUCTURE EXISTING WALLS, ROOFS & STRUCTURE TO BE REMOVED PROPOSED GATE PARAPET HEIGHT PROPOSED 16'-0" TUBULAR TO BE RAISED STEEL DECORATIVE FENCIN PROPOSED SHADE PROPOSED 20'-0" HIGH STRUCTURE BEYOND BRICK PIER TO MATCH EXISTING TO MAOTCHDEXISTING WALL - 19' - 3" 3�- 19' - 3"- 19'- 3" 3�- 19' -0.1 -L PROPOSED WEST ELEVATION U 1/16" = V-0" PROPOSED ILLUMINATED EXTERIOR EXISTING PRE -FIN. METAL SIGNAGE (7'-1" L SIZE) FLASHING TO REMAIN EXISTING EIFS WALLS TO BE EXISTING METAL EXISTING EIFS FINISH PAINTED LOWE'S BLUE (PF -5) SIDING TO REMAIN AND REVEALS TO REMAIN 1 EXISTING STONE FINISH TO REMAIN PROPOSED EAST ELEVATION U 1/16" = 1'-0" EXISTING PRE -FIN. METAL FLASHING TO REMAIN EXISTING MASONRY FINISH TO REMAIN EXTENTS OF COVERED AREA OF GARDEN CENTER EXISTING EXISTING MASONRY GLAZING TO FINISH TO REMAIN REMAIN EXISTING WALLS, ROOFS & STRUCTURE TO REMAIN EXISTING PRE -FIN. METAL EXISTING METAL FLASHING TO REMAIN SIDING TO REMAIN EXISTING MASONRY FINISH TO REMAIN EXISTING EIFS WALLS TO BE PAINTED LOWE'S BLUE (PF -5) EXISTING DOORS & — FRAMES TO BE PAINTED EXISTING DOORS & FRAMES TO BE PAINTED EXISTING MASONRY FINISH TO REMAIN EXISTING DOORS & FRAMES TO BE PAINTED EXISTING PIPE EXISTING GENERATOR EXISTING EIFS TO REMAIN EXISTING DOORS & — FRAMES TO BE PAINTED EXISTING PRE -FIN. METAL FLASHING TO REMAIN EXISTING MASONRY FINISH TO REMAIN EXISTING EIFS FINISH TO REMAIN PROPOSED METAL ROOF W/ SNOW GUARD PF -5 PROPOSED METAL CAP FLASHING. - PAINTED TO MATCH EXISTING PARAPET HEIGHT TO BE RAISED PROPOSED EXTERIOR SIGNAGE (2'-4" C SIZE) PROPOSED GATE - PROPOSED 4'-0" EIFS WALL TO MATCH EXISTING PROPOSED SHADE STRUCTURE BEYOND EXISTING EIFS WALLS TO BE PROPOSED RAIN PAINTED LOWE'S BLUE (PF -5) SCREEN BEYOND EXISTING DOOR & EXISTING REVEALS FRAME TO REMAIN TO REMAIN EXISTING EIFS WALLS TO BE PAINTED LOWE'S BLUE (PF -5) EXISTING FASCIA TO REMAIN — EXISTING EIFS FINISH TO REMAIN PROPOSED SIGNAGE (1'-11" G SIZE) PROPOSED GATE PROPOSED 16'-0" TUBULAR STEEL DECORATIVE FENCING REVISIONS OPRE-BID SET POST BID SET ISSUE DATE A ISSUE DATE DATE # DESCRIPTION 2017-02-03 1 ISSUED FOR SPA SUBMISSION 2017-02-10 7 ISSUED FOR SPA RESUBMISSI ON I a 4RCHITECTS JC L "E(�GE ._ t1�1J71:19ci it-t}ii`, PROPOSED WALL BEYOND • • N TO MATCH EXISTING CANADA, ULC. EXTERIOR WALL W M N EXISTING = Z 416.730.7300 EXISTING EIFS BUILDING o WALLS TO BE • PAINTED C) �/ vUi .0 o v a LOWE'S BLUE HOME CENTERS, INC. ANY USE OR (PF -5) �U �/ ) LuN U N 0 PROHIBITED WITHOUTTHE EXPRESSED Lu 7 o E~ L u' Z� I= N O I PROPOSED ILLUMINATED EXTERIOR SIGNAGE (7'-1" L SIZE) �1 EXISTING DOORS & EXISTING MASONF FRAMES TO BE PAINTED FINISH TO REMAIN • • .. W O v J a CANADA, ULC. G 11 Z N TORONTO, ON M2N 61_9 LL_ u� = v 416.730.7300 EXISTING EIFS o WALLS TO BE • PAINTED C) �/ vUi .0 o v a LOWE'S BLUE HOME CENTERS, INC. ANY USE OR (PF -5) W w �'21, REPRODUCTION IN WHOLE OR PART IS v PROHIBITED WITHOUTTHE EXPRESSED Lu 7 o E~ L u' Z� WRITTEN CONSENT OF LOWE'S HOME ~ E CENTERS, INC. COPYRIGHT 2006 ALL RIGHTS RESERVED • Lu D PROPOSED 20'-0" a J � HIGH BRICK PIER TO > Ln Q MATCH EXISTING - 17'-9" - 17'-8" '- 17'-8" .1 PROPOSED ILLUMINATED EXTERIOR SIGNAGE (7'-1" L SIZE) �1 EXISTING DOORS & EXISTING MASONF FRAMES TO BE PAINTED FINISH TO REMAIN 1 EXISTING REVEALS TO REMAIN J • • LOWE'S COMPANIES CANADA, ULC. 5160 YONGE ST, SUITE 200 N TORONTO, ON M2N 61_9 v 416.730.7300 EXISTING EIFS m WALLS TO BE • PAINTED 0 THIS DRAWING IS THE PROPERTY OF LOWE'S LOWE'S BLUE HOME CENTERS, INC. ANY USE OR (PF -5) REPRODUCTION IN WHOLE OR PART IS v PROHIBITED WITHOUTTHE EXPRESSED WRITTEN CONSENT OF LOWE'S HOME CENTERS, INC. COPYRIGHT 2006 ALL RIGHTS RESERVED • 1 EXISTING REVEALS TO REMAIN J —}{ PROPOSED CAST M-2) PROPOSED OVERHEAD DOOR PROPOSED MASONRY FINISH. COLOUR TO MATCH EXISTING v Y N v m 0 Lu Y V Lu v EXISTING OVERHEAD, DOCK, SEAL AND BUMPER TO REMAIN Lu J � > Ln Q Lu z a m O c C ~a z PROPOSED PRE. FIN. W W o CORRUGATED Q p H METAL SIDING. (PF -5) W m LL O Ln 00 w O Lu z J m O O 00 w U J N CC —}{ PROPOSED CAST M-2) PROPOSED OVERHEAD DOOR PROPOSED MASONRY FINISH. COLOUR TO MATCH EXISTING Municiaality of Clarin Attachment 2 to Report PSD -021-17 c](Yingmn Amendment Number 110 To The Municipality of Clarington Official Plan Purpose: To amend the Bowmanville West Town Centre Secondary Plan by adding a commercial use to the General Commercial designation. Basis: This amendment is based on and application by Valiant Property Management. Actual Amendment: The Bowmanville West Town Centre Secondary Plan is hereby amended as follows: 1. New Section 5.2.1 e) is hereby added as follows: "5.2.1 e) Notwithstanding 5.2.1 a) the retail and service uses on lands designated General Commercial on the west side of Clarington Boulevard south of Durham Highway 2 may include a large format home improvement store." Implementation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. Attachment 3 to Municipality of Clarington Report PSD -021-17 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 2017-0006; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: By-law 84-63, is amended by amending the text within Section 16.5.14 General Commercial Exception (C1-14) Zone as follows: By adding the definition of a home improvement store to Section (a) and renumbering the remaining subsections: vi) Home Improvement Store is a facility specializing in the sale of home building/design and garden products. Goods offered for sale may include, lumber, lighting, electrical and plumbing supplies, hardware, flooring, window coverings, roofing materials, paint/wallpaper, furniture and appliances, seasonal items, lawn and garden supplies and indoor plants. A tool rental centre, fast food kiosk, which is not a drive-through facilitv. and do-it-vourself trainina facilities are Dermitted as accessory uses in a home improvement store: 2. By amending Section (c) and (e) as shown below by deleting the words shown in strikeout and adding the words in underline: C. Permitted Non -Residential Uses: A shopping centre containing of 17,000 square metres of total floor area May he GORs}ructerd or used for any one or more of the following uses des: xi) Accessory garden centre or seasonal garden centre aGGeccor„ }o a department stere er c, permarke}• , xx) home improvement store 45 Attachment 3 to Municipality of Clarington Report PSD -021-17 e. Regulations: A maximum of 17,000 sq are metres not totalflrrarea bc 4i _D Location of building from the southerly limit of Highway No. 2 and easterly limit of Green Road (minimum) 3 metres ivy ii Location of building from the westerly limit of Clarington Boulevard a minimum of 0.5 metres; and a maximum of 3.0 metres with the exception of a home improvement store. v -) iii Location of building from the northerly limit of Prince William Boulevard (minimum) 5 metres +x)_ Notwithstanding clause {+v)iii 90 metres of the southerly business establishment street fagade may be constructed up to 1 metre from the northerly limit of Prince William Boulevard. v+) yi Landscaped open space (minimum) 20 percent v++) vii Height of building (maximum) 4 storeys v+i+Yviii Loading spaces (minimum) 5 *) ix All entrances used or intended to be used by the public to access each business in a business establishment shall be located in an exterior wall of the business establishment, and for greater clarity such access shall not be achieved through an enclosed pedestrian mall. x+) x) Parking space dimensions (minimum) 2.6 m width, 5.5 m length A Notwithstanding Section 16.5.14(c), a portion of the parking area located on the lot which contains not more than 500 square metres and is enclosed by a temporary fence and one or more gates may be used for the purposes of seasonal garden centre for not more than a total of 90 120 days each calendar year; and x4o xii The Accessory seasonal garden centres permitted by 1 R 5 1 n (e�* \ shall not include the storage or sale of motorized equipment, and is not required to provide parking spaces in accordance with Section 3.16 a) of this By-law. xiii) Notwithstandina Section 16.5.14 (c). the followina uses are on itted accessory to a home imarovement store: • An outdoor storage area for bulk materials is permitted adjacent to Clarington Boulevard to a maximum area of 165 square metres, provided: Attachment 3 to Municipality of Clarington Report PSD -021-17 i. there is no display of empty pallets, containers, storage units, refuse containers or large equipment. ii. A minimum landscape buffer of 2 metres; iii. screening is constructed to ensure that the storage area is not visible from a public street; • An outdoor display area for trailers and sheds is permitted to a maximum area of 200 square metres, within the parking area in the vicinity of the main drive aisle to the building, provided a landscape buffer is provided along the main drive aisle; 2. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this day of , 2017 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk I:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA Zoning\2017\ZBA2017-0006 Lowes\Staff Report\PSD-021-17_Attachment 3.docx 47 Clarftwa PI nnin Services Planning Se ces 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: April 3, 2017 Report Number: PSD -022-17 Resolution Number: File Number: COPA 2017-0002 and ZBA 2017-0002 By-law Number: Report Subject: An Application by Newcastle Lodge for Senior and Family Dwellings to Construct a Six Storey, Mixed -Use Building Addition on King Avenue East, Newcastle Recommendations: That Report PSD -022-17 be received; 2. That the applications to amend the Clarington Official Plan and Zoning By-law 84-63, submitted by Newcastle Lodge for Senior & Family Dwellings to construct a six storey, mixed-use building addition continue to be processed and that a subsequent report be prepared; and 3. That all interested parties listed in Report PSD -022-17 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -022-17 Report Overview Page 2 The Municipality is seeking public's input on a proposed six storey, mixed use building addition to the existing two storey Newcastle Lodge building situated at 165 King Avenue East. Newcastle Lodge for Senior & Family Dwellings submitted applications for a Clarington Official Plan Amendment and a Rezoning. The proposal will have a building along the King Avenue frontage and would include: • 91 residential units (57 one bedroom units and 34 two bedroom units) in addition to the existing 43 units at 165 King Avenue East. • 124 square metres of ground floor retail space. • Floor Space Index (FSI) — 1.21. The purpose of this report is to provide information on the proposal and receive public comments. 1. Application Details 1.1. Owner/Applicant: Newcastle Lodge for Senior & Family Dwellings (known as Parkview Lodge) 1.2. Agent: Robert Reimers Architect Ltd. 1.3. Proposal: To permit the construction of a six storey, mixed-use building through amendments to: i) The Clarington Official Plan; ii) The Newcastle Village Centre Secondary Plan; and iii) Zoning By-law. 1.4 Area: 0.79 ha 1.5 Location: 153 and 165 King Avenue East, Newcastle 1.6 Within Built Boundary: Yes 2 Background 2.1 The subject lands are comprised of two properties: • 153 King Avenue East — Contains a one and a half storey detached dwelling converted to three (3) rental units; and • 165 King Avenue East — Contains the existing two (2) storey Parkview Lodge. Municipality of Clarington Report PSD -022-17 Page 3 2.2 On December 1, 2016 the Parkview Lodge team attended a pre -consultation, where Municipal staff and agencies offered feedback on the development proposal. 2.3 On February 3, 2017 Parkview Lodge submitted an application for a proposed Zoning By-law Amendment. The applicant submitted the Official Plan Amendment on February 17, 2017. Both applications were deemed complete on February 24, 2017. 2.4 The Municipality has received the following reports in support of these applications: • Traffic Impact Assessment and Parking Justification Study • Servicing and Functional Review • Heritage Impact Assessment • Design Rationale Report • Shadow Study 3. Land Characteristics and Surrounding Uses The subject lands are located on the south side of King Avenue East and currently used for residential uses. See Figures 1-3. The topography is generally flat with a number of mature urban trees framing the street and existing buildings. Figure 1: The subject site and the surrounding neighbourhood 50 CI rington Pmblic Lif,r N. Newc stle King Avenue East Subject Sites f Foodland T in 03A �- � Buildings 1 �•► en QV - 153 King Avenue East F Q 165 King Avenue East i 0 Existing Parkview Lodge F j (2 storey brick building) 3 - Proposed Extension �• `M R (6 storey brick building) Viz. coa ciyaa"os Figure 1: The subject site and the surrounding neighbourhood 50 Municipality of Clarington Report PSD -022-17 Page 4 Figure 2: Existing single detached dwelling to be demolished Figure 3: Existing Parkview Lodge buildings and mature urban trees 3.1 The surrounding uses are as follows: North - The Clarington Public Library Newcastle Branch across the street. South - Single family homes East - Two storey commercial building across the walkway West - One detached one storey dwelling and commercial uses (Foodland) and proposed five storey mixed use building. 51 Municipality of Clarington Report PSD -022-17 4. Provincial Policy 4.1 Provincial Policy Statement Page 5 The Provincial Policy Statement (PPS) promotes efficient land use and development patterns that accommodate an appropriate range and mix of residential uses. These patterns contribute to create sustainable communities with affordable housing and housing for older persons and commercial uses. Development is supported within existing settlement areas and where infrastructure and public service facilities are available to support needs. The Provincial Policy Statement promotes opportunities to create development through intensification and redevelopment at a higher density that existing today. The Provincial Policy Statement states that long-term economic prosperity will be supported by maintaining and, where possible, enhancing the vitality and viability of downtowns and main streets. Long-term economic prosperity will also be supported by encouraging a sense of place, by promoting well-designed built form and by conserving features that help to define the character. 4.2 Provincial Growth Plan The Growth Plan promotes building compact, transit -supportive and pedestrian -friendly communities. The subject properties are located within the "Built Boundary" for the Newcastle Urban Area. The intent of the Growth Plan is to direct a significant portion of new growth to built-up areas. Focusing intensification areas to optimize existing land supply and better utilize existing municipal services. The policies of the Growth Plan establish that intensification areas will be planned and designed to achieve an appropriate transition of built form to adjacent areas. The Growth Plan encourages development of complete communities with a diverse mix of land employment and housing types and easy access to local stores and services. A priority of the Plan is to manage growth in a manner that will optimize existing infrastructure, support a strong economy and create complete communities. 5. Official Plans 5.1 Durham Regional Official Plan The subject sites are located within the "Regional Centre" designation in the Regional Official Plan. Regional Centres shall be planned and developed as the main concentrations of urban activities, providing a fully integrated array of institutional, commercial, major retail, residential, recreational, cultural, entertainment and major office uses. The Regional plan encourages development of high quality design which places pedestrians and connections in close proximity to transit as a top priority. The overall, long-term density target of the Regional Official Plan for this area is at least 75 residential units per gross hectare and a floor space index (FSI) of 2.5. 52 Municipality of Clarington Report PSD -022-17 5.2 Clarington Official Plan Current Clarington Official Plan/Secondary Plan Page 6 The Clarington Official Plan designation for the subject properties is Village Centre. Within the Newcastle Village Centre Secondary Plan these lands are designated as follows: 153 King Avenue East — "Mixed Use Area"; and noted as a Heritage Building on Land Use Map A; 165 King Avenue East — "Medium Density Residential". "Mixed Use Area" and "Medium Density Residential" permit the mixed use building that is proposed by this application. However, development is currently limited to four storeys in height with a maximum floor space index of 0.75. As a result, the applicant is requesting to amend the Clarington Official Plan for the following items: Increase the maximum height limit in this location from four to six storeys. Increase the maximum floor space index from .75 to 1.21. Clarington Official Plan (OPA 107) adopted by Council on November 1, 2016 The policies of the new Clarington Official Plan (OPA 107 adopted by Council on November 1, 2016) establish a target Floor space Index of 1.0 measured over the entire Village Centre. The proposal has a Floor Space Index of 1.21 which will contribute towards the long range Floor Space Index targets; The Village Centre designation will allow building heights between two and six storeys. The proposed building height of six storeys conforms with OPA 107. The Official Plan amendment application is consistent with the policies of the new OPA 107 but it has not been approved by the Region of Durham at this time, therefore this proposal requires an official plan amendment application. 5.3 Urban Design Policies and Guidelines Urban design policies of the Clarington Official Plan for Village Centres require buildings sited near the street with direct access to the street. Buildings are to be designed to: • Recognize the historic context; • Provide active ground floors and avoid blank facades; • Enhance the built environment with attention to massing, building articulation, exterior cladding, architectural detail, the use of local materials and styles; • Enhance the pedestrian environment with awnings, pedestrian scale lighting, landscaping, benches and other street amenities; • Provide transition in scale to areas of lower density; • Provide adequate light and privacy for the occupants of new development and the 53 Municipality of Clarington Report PSD -022-17 Page 7 occupants of adjacent properties; • Minimize adverse shadow and wind impacts on neighbouring properties or the public realm; • Enclose or screen roof top mechanicals, including the incorporation of telecommunications equipment within the building; • Contain all refuse internal to the principal building; and • Design parking areas to minimize the impact on the pedestrian environment. The Newcastle Village Centre Urban Design Guidelines were prepared under the existing Secondary Plan. They provide direction for how new development can effectively blend into the existing built form of downtown Newcastle. These Guidelines shall be used in conjunction with the urban design policies of the Official Plan and other site specific requirements. These include: • Locating the building at the average setback from the adjacent buildings along King Avenue East; • Buildings will contain a distinctive base or podium along the street frontage with upper floors stepping back, and a middle and upper sections; • Provide transition in mass such as stepped building forms to provide a more compatible relationship with adjacent buildings; • No less than 75% of the ground floor surface area dedicated to windows and door openings; • A contemporary building design and not a heritage replica; • Use horizontal and vertical articulation to break up large facades and roofline; • Utilize materials that contribute to the character of the Village Centre; • Rooftop mechanical and HVAC equipment which are integrated into the design of the building; • Landscape buffers and/or screening between any parking lot and the sidewalks, walkways as well as adjacent sensitive uses; • Preserve and incorporate existing trees within development and street trees; and • Provide public art or design elements that reinforce place character. The use of angular planes measured from the property lines to define setbacks, may be considered to protect the privacy, light and views of adjacent properties. Should the current application be approved, future application for site plan will be reviewed for conformity with these policies and guidelines. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands as follows: General Commercial (Cl) Zone — 153 King Avenue East; and Urban Residential Type Exception (R4-2) Zone — 165 King Avenue East. A site specific zoning by-law amendment is necessary to implement the proposed mixed use building addition. 54 Municipality of Clarington Report PSD -022-17 7. Summary of Background Studies Page 8 The following provides a summary of the studies received in support of the application. A detailed analysis will be contained in the future staff report. 7.1 Traffic Impact Assessment and Parking Justification Study The study findings concluded that all intersections are projected to operate at an acceptable level of service with no significant delay or queue. The study also concluded that auxiliary turning lanes are not required to support the proposed development. The parking study concluded that the proposed parking supply of 88 parking spaces based on approximately 0.65 parking spaces per unit will serve the proposed development based on the fact that the future senior tenants will be in close proximity to transit services and many of the necessary services and shops. The study recommended a Parking Management Strategy which includes allocating 0.5 spaces per unit or 65 parking spaces allocated between market and subsidized rental unit for residents and 23 parking spaces or 0.15 spaces per unit be allocated for the visitors. 7.2 Servicing and Functional Review Servicing and Functional Review concludes that the proposal can be serviced by the existing sanitary connection. The expansion will require the removal and replacement of the existing water servicing to include both domestic and fire protection lines to the building. The existing stormwater system will require improvements to include controlling quantity and quality of stormwater leaving the site. The consultant has identified challenges with the building design and site plan given the existing service locations and site plan requirements. 7.3 Heritage Impact Assessment 153 King Avenue East is listed on Clarington's Cultural Heritage Inventory due to its architectural style and association with the Atkinson family. The Heritage Impact Assessment Report states that the property has lost much of its original character with the application of vinyl siding over the original clapboard. The Heritage Impact Assessment recommends removing the building indicating it would not be a significant loss to the fabric of the village. The building concept incorporates architectural elements from the dwelling. The Parkview Board considered several scenarios for the proposed development and opted for acquiring additional property to provide sufficient space for the proposed building addition. 55 Municipality of Clarington Report PSD -022-17 7.4 Design Rationale Report Page 9 The Design Rationale that has been submitted provides a broad overview of the development proposal. It provides a high level policy conformity review and municipal guideline review. It also discusses accessible design components of the project. Further detailed information is required. 7.5 Shadow Study The shadow identifies shadows at various times of the day, through the year of existing and proposed building. No analysis was included with the shadow drawings. 8. Public Notice and Submissions 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and one public meeting notice sign was installed on the site facing King Avenue East. The public notice was also posted on the Municipal website and in the Planning Services electronic newsletter. 8.2 As of the writing of this report, the Applicant has forwarded six letters in support of the application from the following associations and businesses: • Newcastle Village and District Historic Society; • Newcastle/Bond Head Ratepayers Association; • The Catholic Women's League of Canada; • A Gift of Art, The Clarington Artist & Artisan's Outlet; • Newcastle & District Chamber of Commerce; and • The Lions Club of Newcastle. 9. Agency Comments 9.1 Regional Municipality of Durham The Region has no objection to the proposed applications. Regional Planning Department finds the proposed use is consistent with provincial planning policies and generally conforms to the Region of Durham Official Plan (ROP). The subject lands front on to King Avenue East, a designated Type `A' arterial road in the ROP. A Noise Impact Study will be required to identify noise levels for units adjacent to the arterial road. The proponent will be required to implement in a Site Plan Agreement noise attenuation measures and warning clauses for the development to the satisfaction of the Region. Water supply and sanitary servicing are available from the existing connections on King Avenue East. 56 Municipality of Clarington Report PSD -022-17 Page 10 Municipal waste collection services can be provided on-site subject to compliance with standards and specifications on the Region's Waste By-law. Regional Works has reviewed the Traffic Impact Assessment and Parking Justification Study. The Region agrees with the conclusions of the Traffic Impact Assessment. The site design will need to consider accessibility of the development for non -car modes of travel. Durham Region Transit requires that the site plan provide accessible pedestrian connections between building access points, sidewalk network and transit stops. 9.2 Other Agencies Veridian, Enbridge, Rodgers and Canada Post have provided no objections. Technical comments related to the future site plan application have been forwarded to the applicant. Veridian raised a concern that the horizontal clearance from the building including balconies, from their high voltage equipment, must not be less than 4.8 metres. 10. Departmental Comments 10.1 Engineering Services The Engineering Department has no objection to the proposed applications. The Engineering Services Department has reviewed the Traffic Impact Assessment Report and Parking Justification Study. Engineering is satisfied with the Traffic Impact Assessment Report recommendations, but identified concerns with the proposed parking reductions. Further discussions with regards to parking reductions will be required. A Civil Engineering Servicing and Functional Servicing Review has been submitted for review. Engineering agrees with the review's approach. Additional details/plans will be required at site plan stage to ensure specific impacts are dealt with including: • A Truck Turning Movement Plan which confirms the type of trucks accessing the site and the turning area required to manoeuvre on-site; • A Master Drainage and Grading Plan which addresses storm sewer flows and demonstrates that there will not be any adverse effects under the 100 year storm and sewer conditions; • Functional Servicing Report which implements the recommendations of the Engineering Servicing and Functional Servicing Review; and • Soil Management Report which addresses site alterations. 10.2 Emergency and Fire Services The Emergency and Fire Services Department has no objection to this application. 57 Municipality of Clarington Report PSD -022-17 10.3 Operations Page 11 The Operations Department has no objection and provided comments that can be implemented at the site plan approval stage should the applications be approved. 10.4 Building Division The Building Division has no objections. 11. Discussion 11.1 Proposed Intensification Project helps to meet Municipal Objectives The proposed redevelopment will be an intensification project in downtown Newcastle. In addition to this proposal, the Municipality has also received and is processing an application for the abutting property to the west to relocate a previously approved five storey, mixed-use building away from Beaver Street to the middle of the property. This application is also in this Planning and Development Committee Agenda. Figure 4 below shows a three dimensional image of the future context for this area consisting of a six storey building along King Avenue East and a five storey mixed-use building visible from King Avenue East, as currently proposed. IIIIIII� 6 storeys Figure 4 — Three dimensional image of the future context 5 storeys The proposed redevelopment application submitted by Parkview Lodge is a form of development encouraged by Provincial, Regional and Municipal policy. The proposed application will increase housing diversity and affordability. It will also enliven the area and support the long term viability of the downtown (see Figure 5). Municipality of Clarington Report PSD -022-17 Page 12 Figure 5 — Building Rendering 11.2 Heritage Property The building located at 153 King Avenue is a one and a half storey frame Regency cottage. Where a building is recognized on the cultural heritage inventory, the Municipality discourages the demolition or inappropriate alteration of a cultural heritage resource. The applicant is requesting to demolish the building on 153 King Avenue to allow the proposed addition. The Heritage Impact Assessment notes that the property has lost much of its original character. The Clarington Heritage Committee reviewed the proposal at their meeting of March 21, 2017. Their comments and recommendations will be addressed in a further report. 11.3 Parking Provisions The Parking Justification Study states that the proposed 88 parking spaces for the proposed and existing units will serve the development well due to its location, transit proximity and proposed tenancy. The existing Parkview Lodge operates a two storey, 43 unit senior rental apartment with 36 parking spaces. The proposal would yield 134 units in total. Based on the Zoning By- law provisions, the proposed development would require 144 spaces. Further discussion is required with the applicant and consultant to finalize the appropriate number of parking spaces required for the additional units, recognizing the demographics of residents that would occupy these units and the staffing needs. 59 Municipality of Clarington Report PSD -022-17 11.4 Urban Design Page 13 The design of the proposed development is to meet the intent of the urban design policies of the Clarington Official Plan, the Newcastle Village Centre Secondary Plan and the Newcastle Village Urban Design Guidelines. These documents provide policies, general urban design principles and site development criteria for development within the Newcastle Village Centre, and can be summarized within the following themes. Building Design and Streetscape Proposed buildings will enhance the built environment with attention to massing, building articulation and architectural detail. Building design should integrate the mechanical units into the design of the roof. The form and siting of proposed buildings will provide transition in scale to areas of lower density. Buildings will be aligned to the average setback and incorporate well-defined base or podium along the street frontage with upper floors stepping back. Building fagades will be designed to animate the pedestrian environment with awnings and pedestrian scale lighting. The elevations will be designed to avoid blank walls. Parking Areas and Landscape Treatment Development will incorporate parking areas to minimize the impact on the pedestrian environment. Active transportation will be encouraged by locating secure bicycle parking and storage areas for short term and long term visits. Design will promote existing tree preservation, and natural landscape features within development. Impact Mitigation The building form, setbacks and building heights will be designed to maintain a pedestrian related scale and to provide adequate light and privacy for the occupants of adjacent properties. Should the zoning by-law amendment for this site be approved by Council, staff will work with the applicant to ensure detail design better aligns with the above polices and guidelines. 11.5 Residence at 149 King Avenue East The proposal has the unfortunate effect of creating an orphan site which would be difficult to redevelop and will compromise the existing single detached residence. It would be surrounded by blank walls on the west and a six storey building located 2.0 metres from the property line on the east. It will be very difficult to redevelop in the future as a mixed use multi-storey project and in all likelihood, the Municipality would see sub -optimal redevelopment, possibly within the existing house. Municipality of Clarington Report PSD -022-17 Page 14 Figure 5 — Residence to the west at 149 King Avenue East It would be preferred to incorporate this site into the redevelopment proposal which could have the effect allowing for additional units, additional parking and potentially eliminating the need for the two-storey drive-through portal (See Figure 6) supported by columns. Figure 6 - Building drive-through portal supported on columns 12. Conclusion Report PSD -022-17 is prepared to provide background information and to solicit public comments on the proposal submitted by Parkview Lodge. Staff will continue processing the application which will lead to the preparation of a future recommendation report. 61 Municipality of Clarington Report PSD -022-17 13. Strategic Plan Application Not applicable. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Page 15 a - Reviewed by: (for)Curry Clifford, MPA, CMO, Interim CAO Staff Contact: Ruth Porras, Senior Planner/Urban Designer, 905-623-3379 ext. 2412 or rporras clarington.net List of interested parties to be notified of Council's decision: Parkview Lodge (c/o Joyce Kufta and Theresa Vanhaverbeke) Robert Reimers Architect Ltd. Newcastle Village and District Historic society Newcastle/Bond Head Ratepayers Association The Catholic Women's League of Canada A Gift of Art, The Clarington Artist & Artisan's Outlet Newcastle & District Chamber of Commerce The Lions Club of Newcastle RP/CP/av/df 1.c ueparunenuL— rvnvv rwrvL, ox o i nl—Ppucauon Files\ZBA Zoning\2017\ZBA2017-0002 Newcastle Lodge\Staff Report\PSD-022-17.docx 62 Clarftwa PI nnin Services Planning Se ces 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: April 3, 2017 Report Number: PSD -023-17 Resolution Number: File Number: COPA 2017-0005 and ZBA 2017-0008 By-law Number: Report Subject: An Application by Gyaltsan Property Management Inc. to relocate a previously approved five -storey, mixed-use building away from Beaver Street South, Newcastle Recommendations: 1. That Report PSD -023-17 be received; 2. That the applications to amend the Clarington Official Plan and Zoning By-law 84-63 submitted by Gyaltsan Property Management Inc. continue to be processed; and 3. That all interested parties listed in Report PSD -023-17 and any delegations be advised of Council's decision. 63 Municipality of Clarington Report PSD -023-17 Report Overview The Municipality is seeking public input on a proposal for a mixed use development in Newcastle. Page 2 Gyaltsan Property Management Inc. has requested amendments to the Clarington Official Plan and the Zoning By-law to relocate their previously approved five -storey, mixed-use building in Newcastle away from Beaver Street to the middle of the property. No changes are proposed to the permitted land uses, the number of residential units, the commercial gross floor area, or to the building height which were previously approved by Council. Due to the lease agreement with one of the existing tenants on the site (Foodland), the lessee must agree to the redesign the parking lot which is not forthcoming. Thus the applicant seeks to relocate the approved building. The Applicant believes that the relocated building will continue to satisfy the land use planning requirements of the Province, the Region of Durham and of Clarington. 1. Application Details 1.1 Owner/Applicant: Gyaltsan Property Management Inc. 1.2 Proposal: To permit the relocation of a previously approved five - storey, mixed-use building away from Beaver Street to the middle of the property through amendments to: • The Clarington Official Plan • The Newcastle Village Centre Secondary Plan; and • Zoning By-law 84-63. 1.3 Area: 1.4 Location: 1.5 Within Built Boundary: 2. Background 1.5 ha 109 King Avenue East, Newcastle (formerly 49 and 63 Beaver Street South) Yes 2.1 On October 26, 2015, the Applicant presented a proposal to Council for a five -storey, mixed-use building to be built on the development site shared with the Massey Building and the Foodland supermarket in Newcastle (see Attachment 1). • Municipality of Clarington Report PSD -023-17 Page 3 During the review of the original proposal the main topics that were raised by the public included: • Appropriate building height; • Relationship of the new building to the surrounding neighbourhood; • Increased traffic on the surrounding roads; • Pedestrian safety; • Increased noise; • Construction disruptions; and • Change in property values. 2.2 Council was satisfied that these items had been adequately addressed and approved the original proposal on December 14, 2015. 2.3 The approved building location was near the Beaver Street South property line (see Figure 1) and straddled a property line between two properties owned by the Applicant. The placement of the new building at this location required a reconfiguration of the existing property lines and the redesign of the existing Foodland / Massey Building parking lot. 2.4 After receiving zoning approval, the Applicant attempted to satisfy Municipal and Regional requirements while also negotiating with the supermarket tenant (Sobeys — Foodland's parent company) to reconfigure the parking lot. Unfortunately, Sobeys was unwilling to modify their current lease agreement to allow any changes to the layout of the existing parking lot. 2.5 This contractual restriction prevented the Applicant from locating the proposed building near Beaver Street South as currently designed. As a result, the Applicant came up with an alternative that would satisfy the terms of the existing lease agreement with Sobeys but still allow the project to proceed with the same building shape and design. This alternative was to move the building away from Beaver Street South and into the middle of the property (see Figure 1). The same building shape and floor area was maintained. However, in order to fit the building onto the new location the building was rotated 900 with the features that once faced Beaver Street now facing northerly to the internal parking lot near the entrance doors to Foodland. The effect of this can be seen in Figure 2. 65 Municipality of Clarington Report PSD -023-17 Page 4 7 41 O N i 9t Figure 1 — Original and revised building location King Avenue East King Avenue East � -, ?roposed Building 1 ,- I� Original building location Revised building location Figure 2 — Proposed relocated building and other development proposed for the neighbourhood Beaver Street South 2.6 The development site is made up of multiple properties. The north property contains the Massey Building and Foodland supermarket. The southern properties are currently vacant and were previously occupied by two single detached dwellings. In order to avoid impacting the existing parking lot the proposed building was moved completely onto the southern property. . • Municipality of Clarington Report PSD -023-17 Page 5 The southern property is narrower at the west end (along Beaver Street South) and wider at the east end (in the centre of the development site). While it is physically possible that the proposed building could be located onto the southern property near Beaver Street South this would require that the building to be placed right at the property line shared with the residential neighbour to the south (65 Beaver Street South). This would not functionally serve the needs of the commercial tenants and would have the effect of placing a 20 metre (65 foot) wall within 2 metres (6.5 feet) of the neighbour's bungalow. The Applicant has not offered to redesign the building to be narrower in order to provide some setback. Moving the proposed building onto the southern property, and providing appropriate transition between the building and the neighbours, requires the building be moved away from Beaver Street South and into the middle of the site (see Attachment 2). 2.7 The Applicant has submitted a Planning & Architectural Justification and a Traffic Study Addendum in support of the revised building location. 3. Provincial Policy 3.1 Provincial Policy Statement The Provincial Policy Statement (PPS) promotes efficient land use and development patterns that accommodate an appropriate range and mix of residential uses. These patterns contribute to create sustainable communities with affordable housing and a range of commercial services. Development is supported within existing settlement areas and where infrastructure and public service facilities are available to support needs. The Provincial Policy Statement promotes opportunities to create development through intensification and redevelopment at a higher density that existing today. The Provincial Policy Statement states that long-term economic prosperity will be supported by maintaining and, where possible, enhancing the vitality and viability of downtowns and main streets. Long-term economic prosperity will also be supported by encouraging a sense of place, by promoting well-designed built form and by conserving features that help to define the character of a community. 3.2 Provincial Growth Plan The Growth Plan promotes building compact, transit -supportive and pedestrian -friendly communities. The subject properties are located within the "Built Boundary" of the Newcastle Urban Area. The intent of the Growth Plan is to direct a significant portion of new growth to built-up areas. Focusing intensification to these areas will optimize existing land supply and better utilize existing municipal services. The Growth Plan directs that intensification areas should be planned and designed to achieve an appropriate transition of built form to adjacent areas. 67 Municipality of Clarington Report PSD -023-17 Page 6 The Growth Plan encourages development of complete communities with a diverse mix of land for employment and housing. A priority of the Plan is to manage growth in a manner that will optimize existing infrastructure, support a strong economy and create complete communities. 4. Official Plans 4.1 Durham Regional Official Plan The subject sites are located within the "Regional Centre" designation in the Durham Regional Official Plan. Regional Centres shall be planned and developed as the main concentrations of urban activities, providing a fully integrated array of institutional, commercial, major retail, residential, recreational, cultural, entertainment and major office uses. The Regional plan encourages well-designed developments which make pedestrians and transit connectivity a top priority. The overall, long-term density target of the Regional Official Plan for this area is at least 75 residential units per gross hectare and a floor space index (FSI) of 2.5. 4.2 Clarington Official Plan Current Clarington Official Plan The Clarington Official Plan designation for the subject properties is "Village Centre". Within the Newcastle Village Centre Secondary Plan these lands are designated "Street - Related Commercial Area". The policies of the Clarington Official Plan, the Newcastle Village Centre Secondary Plan and the Newcastle Village Centre Urban Design Guidelines share a consistent focus on creating complete neighbourhoods that are well-designed and incorporate a mix of uses (homes, businesses and services). A few of the design objectives of these documents is to: • Create attractive streets and sidewalks (high quality public realm); • Give priority to compact development and green design practices (sustainable design); • Create places where people want to spend time (sense of place); • Produce a variety of building types and unit sizes (diversity of built -form); • Maximize the use of land in existing neighbourhoods (intensification); • Create neighbourhoods that encourage walking and active transportation; • Ensure new development is designed to be accessible for all residents; and • Avoid negative impacts on surrounding buildings and neighbourhoods (light, noise and shadows). Municipality of Clarington Report PSD -023-17 Page 7 One of the urban design policies within the Official Plan explicitly states that new buildings within Centres, such as downtown Newcastle, shall be "sited near the street line to contribute to a sense of enclosure and a strong street edge." This is intended to bring light and activity from these buildings onto the sidewalk where it can be enjoyed by people passing by. Having well-designed buildings, with lots of windows, close to the street also helps to create a sense of enclosure for pedestrians which makes walking past and into these buildings more enjoyable. The relocation of the proposed building to the middle of the site clearly moves the building away from the street edge and therefore requires an amendment to the Official Plan. The Zoning By-law that was created specifically for this development implements the urban design policies of the Official Plan and requires the new building to be no greater than 5 metres from the Beaver Street South property line. Relocating the building requires an amendment to the Zoning By-law in order to update several of the regulations that were written to implement the Official Plan policies. Clarinaton Official Plan (OPA 107) adoated by Council on November 1. 2016 The urban design policies of the new Clarington Official Plan (OPA 107 adopted by Council on November 1, 2016) are unchanged as they relate to the proposed building. 5. Summary of Background Studies 5.1 Planning and Architectural Justification As part of the Applicant's original proposal in 2015, they provided a Planning Justification Report and an Architectural Justification Report. These documents provided the analysis to support the original building size and location. To support the request to relocate the proposed building, the Applicant has submitted a Planning & Architectural Justification Report (Architectural Report). The Architectural Report offers the following comments in support of the relocation. • It will be located symmetrically between the two existing buildings on-site; • It will provide an enhanced terminus view for customers entering the property from King Avenue East; • The main residential entrance will now be located on the west elevation facing Beaver Street South; • The parking area will be broken up into smaller lots. This allows for the creation of an "inner urban street" around the building. This alignment is also expected to slow down on-site automobiles thereby resulting in a safer pedestrian environment; • The setback of the proposed building from the neighbours and the Massey Building is maintained or increased; • The strong street edge that would have been provided by the original building location will be replaced with extensive landscaping and street furniture to enhance the pedestrian experience along Beaver Street South and into the site; 69 Municipality of Clarington Report PSD -023-17 Page 8 Maintaining the existing driveway location on Beaver Street South will reduce noise and disturbance to the residential neighbor to the south (65 Beaver Street South); and The design of the proposed building and the materials used in the fagade will continue to complement the nearby Massey Building. 5.2 Traffic Study Addendum The original building location would have resulted in the existing driveway and entrance to Beaver Street South being realigned with Emily Street East at the south end of the property. In relocating the proposed building to the middle of the site, the Applicant is requesting that the existing driveway and entrance to Beaver Street South be maintained. The Applicant was asked to provide an update to their Traffic Study to confirm that the increased traffic from this new development could satisfactorily use the existing entrance without substantially impacting traffic at the intersection of Emily Street East and Beaver Street South. While additional details were provided in the Traffic Study Addendum, the traffic consultant has not yet addressed the question of impact at the intersection of Emily Street East and Beaver Street South. 6. Public Notice and Submissions 6.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the site (one facing Beaver Street South and one facing King Avenue East). The public notice was also posted in the Planning Services' E -Update newsletter. 6.2 Prior to the circulation of the public notice for these applications, Staff received written correspondence from the neighbour at 65 Beaver Street South dated December 5, 2016. This letter was sent following a meeting the neighbor had with the Applicant to review the revised building location. In their letter, the neighbour acknowledges that the revised building location would be within 6 metres of their back yard and they express their support for the relocated building site. 7. Departmental Comments 7.1 Engineering Services The Engineering Services Department has no objection, in principle, to the proposed relocation of the already approved 5 -storey, mixed-use building. 70 Municipality of Clarington Report PSD -023-17 Page 9 The previously approved alignment of the private driveway, across from Emily Street, is still preferred based on better traffic flow, improved sight line distances and overall increased traffic safety. The lands on the west side of Beaver Street South are likely to be redeveloped in the future. Maintaining the driveway for this development in the existing location will limit the placement of future entrances on Beaver Street South. A number of revisions are still required to the Traffic Impact Study (TIS). Based on these revisions, the TIS may recommend improvements to improve overall levels of service either within the development site or on the streets immediately surrounding the development site. These improvements can be addressed during Site Plan review. 8. Discussion 8.1 The Need to Shift the Building On-site The applicant's proposal retains the same building as designed but moves it on-site. It is moved back approximately 42 metres from the street line and southerly by approximately 12 metres. It also rotates the building so that the features which once faced westerly to Beaver Street are aligned to face northerly on the internal parking lane (see Figure 3). Figure 3 — Proposed relocated building and other development proposal view looking south King Avenue-4st The proposed relocation maintains the driveway entrance to Beaver Street South in its current location. The original building location proposed to shift the driveway entrance further south to align with Emily Street East. 71 Municipality of Clarington Report PSD -023-17 The objective of these changes is: • To relocate the building entirely onto the acquired residential properties; • Make minor changes to the existing parking layout; • Provide a new parking pad on the Beaver Street frontage; and • Make no changes to the building's design. Page 10 The applicant has obligations to Sobeys under the existing lease arrangements that make it very difficult to implement the mixed-use building as approved in the rezoning and contained in the subsequent site plan application. 8.2 Street -Related Commercial Designation Through the consideration of the original application on the subject site, the two residential lots were added to the Street -Related Commercial area that the balance of the site is designated. This designation recognized the heritage downtown and adjoining developing lands. The Secondary Plan states that within the Street -Related Commercial Area, "all development and redevelopment shall be oriented to the street in accordance with the principles of 10.4.7. of the Official Plan." The referenced Official Plan policies indicate that buildings shall be street -front oriented, provide direct pedestrian access, create a pedestrian scale environment, active and comfortable streetscapes and edges through the inclusion of entrance elements, windows, articulated wall areas and roofs. The current proposal cannot be considered a street -oriented building: the building is setback from the street edge approximately 42 metres (approximately 138 feet) and contains a parking pad of 31 parking spaces between the building and Beaver Street South. The subject proposal does not meet the intent of the Official Plan and it is not good urban design. While it is the same building, and thus provides for equal intensification of the site, it does not meet good planning principles by locating such a building in the middle of a parking field. It is a compromised location for apartment dwelling units, where residents are in the midst of the action of a parking lot and must walk through it to get to the street. 8.3 Residential Setbacks The previous site location raised concerns with respect to the impacts on the residential buildings on the west side of Beaver Street South and the residential home south of the subject site on the east side of Beaver Street. The issue of oversight and privacy will be reduced for some residences on the west and increased for others on the east and south. The impacts of shadows were largely negligible for the previous application and are marginally improved in the revised scenario. In either case, the greatest impact is contained on the larger development site with the shadow on the north side of the proposed building. 72 Municipality of Clarington Report PSD -023-17 8.4 Further Discussions Needed Page 11 The applicant has advanced the development process through planning approvals, site plan and likely detailed drawings for a building permit. Unfortunately, in the process there was not a resolution between the Applicant and the major tenant Sobeys. If Staff were to make a recommendation today, it would be negative. The Applicant has designed a beautiful, mixed-use building which fulfills housing, intensification and many urban design objectives. However, the location of the building on the site, based on the analysis above, is not a suitable location for this use. While in most situations, the issues between tenant and owner are best left to those parties, in this situation there would appear to be an opportunity for the Municipality to influence a better project. Between relief from the setback from the residence to the south (which has now been added to the Village Centre through Amendment 107), additional parking within the landscape strip along the north limit in front of Sobeys and some adjustments to the building design, it should be possible for all parties, acting reasonably, to find a solution. It is therefore proposed that the Planning Director along with the Mayor and/or Planning Department Liaison meet with Sobeys Capital Inc. and Gyaltsan Property Management Inc. to review the project and opportunities for modifications to the proposal that address Municipal and corporate objectives. 9. Concurrence Not Applicable 10. Conclusion The purpose of report PSD -023-17 is to provide background information and to solicit public comments on the proposal submitted by Gyaltsan Property Management Inc. Staff will continue processing the application leading to the preparation of a future recommendation report. 11. Strategic Plan Application Not applicable. 73 Municipality of Clarington Report PSD -023-17 Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Page 12 Reviewed by: (for) Curry Clifford, MPA, CMO, Interim CAO Staff Contact: Paul Wirch, Planner II, 905-623-3379 x 2418 or pwi rch(q)_clari ngton. net Attachments: Attachment 1 — Original Building Location Near Beaver Street South Attachment 2 — Relocation of Building Away From Beaver Street South to the Middle of the Property Attachment 3 — PSD -061-15 List of interested parties to be notified of Council's decision. James Coburn Nicholas Swerdfeger Sobeys Inc. Attn: Mark Dean Manager, Real Estate Ruth Knight Suzanne Dury Jennifer Lemery Victor Suppan Frances Mallon Myno Van Dyke Bob Malone Jatin Nayak DC/df 74 Municipality of Clarington Original Building Location near Beaver Street South Attachment 1 to Report PSD -023-17 75 N Foodland Delivery KING AVENUE EAST Entrance ❑ �1 FOODLAND MASSEY BUILDING x O i �? &6 uj w a F Co w b W Proposed o Co 5 -Storey Mixed Use Building 1 l Entrance To ELandscape ffer Underground COPA zu Ia-0004 Parking 75 Municipality of Clarington Attachment 2 to Report PSD -023-17 Relocation of Building Away From Beaver Street South To the Middle of the Property N Foodlnd Delivery Delivery KING AVENUE EAST Entrance 11 FOODLAND MASSEY BUILDING 2 CIO F O w w a � e CO � o W e UILLLLiLu m 0000000000 0 Proposed Entrance To p a Underground 5 -Storey Parking Mixed Use Building ZBA2017-0008 Fence & COPA2017-0005 Landscape Buffer SPA2016-0003 76 Municipality of Clarington C K��R��tl�i'l�d'9 Attachment 3 to Report PSD -023-17 Planning Services If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: December 7, 2015 Report Number: PSD -061-15 Resolution Number: P p �� < _ r File Number: COPA 2015-0004 and ZBA 2009-0003 By-law Number: - -"" . v Report Subject: An Application by 564069 Ontario Inc. to Construct a 5 -Storey, Mixed -Use Building on Beaver Street South, Newcastle Recommendations: That Report PSD -061-15 be received; 2. That Amendment 105 to the Clarington Official Plan, including amendments to the Newcastle Village Centre Secondary Plan, be approved to permit the development of a 5 -storey, mixed-use building, as contained in Attachment 1 to Report PSD -061-15, and the By-law adopting the Official Plan Amendment be passed; 3. That the Zoning By-law Amendment application to permit the development of a 5 -storey, mixed-use building, be approved; 4. That the Newcastle Village Urban Design Guidelines be amended as applicable, including amendments to Maps 1 through 7, to include 49 and 63 Beaver Street South within the Historic Downtown District; 5. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -061-15 and Council's decision; and 6. That all interested parties listed in Report PSD -061-15 and any delegations be advised of Council's decision. 77 Municipality of Clarington Report PSD -061-15 Page 2 Report Overview Gyaltsan Property Management Inc. has requested amendments to the Clarington Official Plan, Newcastle Village Centre Secondary Plan and the Zoning By-law to permit development of a 5 -storey, mixed-use building (commercial and residential). The addition of the subject lands into the Newcastle Village Centre Secondary Plan, and the resulting mixed-use development, will support Provincial, Regional and Municipal objectives for intensification and will continue to reinforce the downtown of Newcastle as the commercial hub of the Village. In response to the comments received at the Public Meeting the Applicant has provided additional rationale for how their project will transition to the surrounding residential neighbourhood and will complement the heritage character of the Massey Building. It is the opinion of Planning Staff that the Applicant has demonstrated satisfactorily that the proposed 5 -storey height is appropriate at this location. Approval of the Official Plan Amendment and Zoning By-law Amendment applications will result in: - An expansion of the Village Centre in downtown Newcastle to include 49 and 63 Beaver Street South; - Designating the subject lands as "Street -Related Commercial" within the Newcastle Village Secondary Plan Village Centre; and - Permitting a mixed-use building, to a maximum height of 5 -storeys (20.0 metres) at this location. 1. 1.1 1.2 1.3 Application Details Owner/ Applicant: Gyaltsan Property Management Inc. Agent Proposal: 1.4 Area: 1.5 Location: D.G. Biddle & Associates To permit the construction of a 5 -storey, mixed-use building through amendments to: i) the Clarington Official Plan; ii) the Newcastle Village Centre Secondary Plan; and iii) Zoning By-law 84-63. 1.5 ha 49, 63 Beaver Street South and an adjacent portion of 97 King Avenue East, Newcastle ff Municipality of Clarington Report PSD -061-15 Page 3 2. Background 2.1 The subject lands are comprised of three separate properties. 49 and 63 Beaver Street South — Vacant, residential properties south of the Massey Building; and • 97 King Avenue East — A portion of the proposed development will be located on these adjacent lands which contain the Massey Building. These buildings will share a common parking lot and driveways. 2.2 In 2009, the Applicant submitted applications to expand the existing supermarket at 131 King Avenue East (Foodland, formerly IGA). The expansion of the supermarket would also necessitate the expansion of the parking area onto two neighbouring properties — 49 and 63 Beaver Street South. At the time, each of the Beaver Street South properties contained a single detached dwelling. 2.3 Due to the heritage nature of the Beaver Street South homes, the Municipality placed these buildings onto the Municipal Register of properties with cultural heritage value or interest. The purpose of this action was to work with the applicant to determine if the buildings could be relocated. The Applicant relocated the two dwellings to two vacant lots on Beaver Street South in 2011. 2.4 The proposal to expand the supermarket did not proceed. The Applicant is now proposing to develop the two Beaver Street South properties by constructing a 5 - storey, mixed-use building. The first floor will be leased to retail stores, restaurants and personal service uses. The second floor will be leased for medical and/or professional office space. The third, fourth and fifth floors will be sold as condominium apartments. 2.5 On August 18, 2015, the Applicant held an information meeting, by invitation, for residents of the neighbourhood. Residents had the opportunity to meet and speak with the architect about the project. 2.6 On October 5, 2015, the Applicant submitted all information required to deem the revised applications complete. 2.7 A Public Meeting was held during the Planning and Developing Committee on October 26, 2015. Both during and after the Public Meeting, the Municipality received comments from seven members of the public. A summary of these comments is provided below: • Increased Noise — The noise from deliveries being made to the Foodland is already loud. In particular, the noise made by these trucks as they back into the loading dock and as they accelerate out of the site and onto Beaver Street South. Will this proposal increase the amount of noise created by delivery trucks? Increased Traffic — How much will customer traffic increase onto Emily Street East? Which driveway will delivery vehicles use to enter and exit the property? 79 Municipality of Clarington Report PSD -061-15 Page 4 • Reduced Safety — Will this development reduce the safety for pedestrians, especially elementary students travelling to Newcastle Public School at the bottom of Beaver Street South? Appropriate Building Height — What changes can the architect make to bring the proposed 5 -storey building into compliance with the Newcastle Village Centre Urban Design Guidelines? How will the proposed building be designed to avoid overlooking the residential neighbour to the south and overshadowing the Massey Building to the north? Construction Disruptions — Will there be compensation for dust and disruptions caused during construction? Change in Property Values — How will this impact the value of neighbouring properties? Timeline — How soon will the condominiums be ready for purchase? 2.8 In response to the concerns raised at the Public Meeting, the Applicant prepared a Planning and Architectural Justification Report to further explain how their project will transition to the surrounding residential neighbourhood and will complement the heritage character of the Massey Building. A summary of the Applicant's response is provided in Section 5 of Report PSD -061-15. 2.9 A further analysis of the concerns raised at the Public Meeting and the Applicant's response are provided in Section 6 of Report PSD -061-15. Municipality of Clarington Report PSD -061-15 Page 5 Figure 1: Proposed 5 -storey, Mixed -Use Building I Agency Comments 3.1 Regional Municipality of Durham This application is exempt from Regional approval. However, the Region of Durham have requested additional information be provided prior to Site Plan approval. W N e DDodland elliveryivery KING AVENUE EAST Entrance it 0 M o - FOODLAND MASSEY nil BUILDING H o qq m � w b9 w W p w _ m Proposed 5 -Storey _ Mixed Use Building t�..Jll Fence & Entrance To Landscape Buffer Underground COPA 2015.0004 Parking Figure 1: Proposed 5 -storey, Mixed -Use Building I Agency Comments 3.1 Regional Municipality of Durham This application is exempt from Regional approval. However, the Region of Durham have requested additional information be provided prior to Site Plan approval. W Municipality of Clarington Report PSD -061-15 Page 6 4. Department Comments 4.1 Engineering Services For the Official Plan Amendment and Zoning By-law Amendment applications the Engineering Services Department is satisfied that there will be no major traffic, grading, drainage and stormwater management impacts from the proposal. However, additional details will be required prior to site plan approval to ensure any site specific impacts are resolved. 4.2 Emergency and Fire Services The Emergency and Fire Services Department has no objection to these applications. 4.3 Finance Department The Finance Department has confirmed that the taxes on the subject properties have been paid up-to-date. 5. Applicant's Response to Comments at the Public Meeting 5.1 Among the many comments received at the Public Meeting, two issues were repeated several times: The proposed building must provide adequate transition to the surrounding, low-density neighbourhood; and The proposed building must not detract from the heritage character of the Massey Building. In response to these concerns, the Planning and Architectural Justification Report (Attachment 3) provided by the Applicant states the following: Surrounding Neighbourhood The Massey Building is located on the Beaver Street South property line while the proposed building will be setback 3.8 metres from the Beaver Street South property line. This will provide a transition between the setback of the homes on Beaver Street South to the south and the Massey Building to the north. The proposed building will be setback 15.1 metre (49'6") from the residential property to the south (65 Beaver Street South). Within that setback there will be a 4.8 metre (159") landscape buffer along the joint property line with that neighbour. This landscape buffer will incorporate a double -row of trees and a 1.8 metre (6') high privacy fence to be constructed and maintained at the Applicant's expense. As may be a requirement of the Noise Study (to be Municipality of Clarington Report PSD -061-15 Page 7 prepared as part of the Site Plan, this fence may be upgraded to offer noise mitigation between the two properties. Sun and shadow studies conducted by the Applicant's architect for both the winter and summer seasons, demonstrate that there will be negligible impact on the surrounding residential neighbours and, in particular, no impact on the neighbour to the south. The design of the proposed building does not include outdoor balconies. This will further preserve the privacy of the surrounding neighbourhood. The communal amenity space provided on the roof of the building will be setback 8 metres (26'3") from the roof edge which will prevent any overlook into the surrounding neighbourhood. 5.2 Massey Building • The proposed building will be located 16.9 metres (55') from the Massey Building. The area between these two buildings will include a service area as well as a pedestrian amenity space that will serve as a gateway into the property from Beaver Street South. • The material banding above the second floor of the proposed building will visually align with the cornice above the third floor of the Massey Building. The proposed building has been designed with clean lines and little ornamentation and detail to mimic the early Victorian era industrial architecture of the Massey Building. The design distinguishes bottom floors (a base) from top floors (a body) through the use of horizontal banding just like the Massey Building. • Windows and door openings have been regularly spaced and symmetrically balanced in the similar pattern as the Massey Building. The exterior cladding materials (the brick and stone) are of a similar type and colour as those used in the Massey Building. 6. Discussion Overview 6.1 The conversion of the two Beaver Street South properties from vacant residential lots to the proposed multi -use building is a change which meets the policies for intensification stated in the Provincial Growth Plan and the Durham Regional Official Plan. The current Clarington Official Plan provides for the development of the Town and Village Centres as the main concentrations of urban activity including a mixture of uses including retail, office and residential. 6.2 The Proposed Changes to the Clarington Official Plan will incorporate Provincial and Regional intensification policies b83pducing a floor space index (FSI) of 1.0 Municipality of Clarington Report PSD -061-15 Page 8 for Newcastle Village Centre. The density proposed by this application will contribute to achieving this long-term goal. 6.3 Within the Proposed Changes to the Clarington Official Plan, the proposed policies for the Newcastle Village Centre encourage mixed-use developments in order to achieve compact development and complete communities at higher densities than exist today. These policies are also intended to create developments that are located in close proximity to transit services. Achieving these objectives is expected to occur through redevelopment and intensification — replacing older development with new development at higher densities than originally existed in those areas. All new development will need to respect the character of the existing neighborhood and contribute to the built form of downtown Newcastle. 6.4 To achieve the intensification objectives stated in the Proposed Changes to the Clarington Official Plan, the Municipality has set the target that at least 32% of all future urban residential construction must be done within the Built-up Area between now and 2021. 6.5 Concentrating development into intensification areas, such as downtown Newcastle, will allow for: Utilization of existing infrastructure instead of installing new infrastructure; Additional vibrancy and stimulus to be brought to the downtown with new residents and businesses; and Redevelopment of previously underdeveloped land. Expand the Boundaries of the Village Centre 6.6 Through the Proposed Changes to the Clarington Official Plan the Municipality is already in the process of expanding the Newcastle Village Centre Secondary Plan (Village Centre) to include the subject site. The current proposal is an acceleration of a process that is already underway. The Applicant has financing and other conditions in place to proceed with this project in the spring of 2016. A precise timeline for the completion of the Municipal Official Plan review cannot be guaranteed since it is a public process. 6.7 The current Village Centre is linear largely following properties along King Avenue through the Village from Baldwin Street to Brookhouse Drive. Between Baldwin Street and Beaver Street South, the Village Centre includes the entire block south of King Avenue down to Emily Street. The proposed boundary expansion will form a consistent progression of the Village Centre in this area by bringing it in-line with the terminus of Emily Street. Extending the Village Centre will provide greater depth to the Village Centre around the historic area. It will also support the continued recognition of King Avenue as the Village "main street" and the centre for commercial activity in Newcastle. 6.8 The provision of condominium apartments in conjunction with the proposed commercial uses is an essential part of this application. From the Applicant's perspective, diversifying the tenant mij-jjuces the financial risks associated with Municipality of Clarington Report PSD -061-15 Page 9 this project. From the community perspective, the provision of apartments helps to: Diversify the housing inventory in Newcastle; and Support the intensification targets that have been set by the Region of Durham and that are proposed to be incorporated in the Proposed Changes to the Clarington Official Plan. Increase the Permitted Height from 4 to 5 Stories 6.9 During the Public Meeting on October 26, 2015, several members of the public stated that they support new development in downtown Newcastle but only if it is achieved in a way that contributes to the overall benefit of the neighbourhood through good design of the building and the site. The Newcastle Village Centre Urban Design Guidelines (Design Guidelines) provide direction for how new development can be effectively blended into the existing built form of downtown Newcastle. 6.10 The Design Guidelines do not have the force of regulation, like the Zoning By-law, and sometimes include design directions for which the Municipality has no regulatory powers. Instead, they communicate the ideal standard that new development and redevelopment is expected to achieve. As there are a variety of issues addressed, and it may not be possible to conform with them all, the Municipality should be comfortable that the spirit of the guidelines has been maintained. 6.11 The subject site currently falls outside of the Village Centre and therefore, outside the jurisdiction of the Design Guidelines. The Applicant has acknowledged that extending the boundaries of the Village Centre to include these properties will also extend the boundary of the Design Guidelines to include these properties. Due to the proposed building's close proximity to heritage buildings to the north and west, it is reasonable to apply the policies of the "Historic Downtown District" to this development. By relocating the two concrete block homes that were previously located on the Beaver Street South properties to within the same neighbourhood, the Applicant has already demonstrated a commitment to preserving the built history of Newcastle. 6.12 One common misconception about the Design Guidelines is that they will result in new buildings which replicate historic styles of architecture. The Design Guidelines allow for new buildings to be distinct and yet respect and complement the existing buildings, old and new, within downtown Newcastle. W Municipality of Clarington Report PSD -061-15 Page 10 6.13 The proposed building design includes a number of important design elements that satisfy the requirements of the Design Guidelines. These include: • Locating the building at the average setback from the adjacent buildings on the street and behind the street wall of the Massey Building; • A contemporary building design and not a heritage replica; • Stone and brick colours to complement the Massey Building; • Horizontal banding to complement the Massey Building; • Maximizing the building's exposure along the street frontage; • Providing ground floor entrances that face the street; • Universal access (barrier -free) to all parts of the building; and • No less than 75% of the ground floor surface area dedicated to windows and door openings. 6.14 The Design Guidelines do not set a maximum height limit for the construction of new buildings. This is established in the Secondary Plan. However, the Design Guidelines give direction to permit the increase in heights of buildings within the Village Centre and to accommodate higher buildings where the new buildings: Retain and enhance the character of the Historic Downtown; and Retain and enhance the character in areas that transition from commercial to residential uses. 6.15 Based on the information provided by the Applicant in the Planning and Architectural Justification Report Planning Staff are generally satisfied that the proposed building will suitably transition to the low-density neighbourhood to the south and to the Massey Building to the north. 6.16 Planning Staff continue to be concerned that the 5 -storey height, along Beaver Street South, is not in keeping with the Design Guidelines. When a new building exceeds the height of adjacent buildings, the upper floors of the building should be stepped back a minimum distance of 3.0 metres. Taller buildings are often designed with step -backs or terraces at upper levels to make them appear lower in height from the street, and to allow sunlight and sky views on the sidewalk. In this case, the Massey Building is a 3 storey building and the previous homes on the site were 2 %2 storey buildings. Stepping back the fourth and fifth floors by 3 metres would assist in minimizing the impact on the street environment and maintaining a similar street edge. 6.17 Implementing a step -back of 3 metres would impact two of the three floors of residential use, reducing the size or number of the units and providing a terrace for the fourth floor. Municipality of Clarington Report PSD -061-15 1 3.0 metres i" - - 3.8 metres Figure 2: Proposed 3.0 metre step back of the fourth and fifth storey. 6.18 During the Site Plan review process, a number of elements will be further refined which will contribute to the overall blending of this development into the fabric of the neighbourhood. These elements include: 11 Enhancing pedestrian connections into and through the site; Expanding the amount and quality of landscape space provided within the site including a terminus view from Emily Street; and Developing a high quality streetscape along Beaver Street South that blends the public and private sidewalk spaces. The applicant's design for the building itself is quite advanced and Council should not expect major changes to the building elevations shown. Traffic and Parking 6.19 At the Public Meeting, a number of residents expressed concern about the increase in customer and truck traffic onto Beaver Street South as a result of this project. It is obvious that the proposed building will bring additional vehicle traffic to this site. In reviewing the size of the proposal and the capacity of the existing roads, the Engineering Services Department is satisfied that there will be no major traffic impacts from this proposal. Further traffic analysis will be conducted as part of the future Site Plan application. The focus of this analysis will be on ensuring the appropriate size and design of the property entrances and evaluating the impacts to local intersections. 6.20 The Applicant has made revisions to the site layout which will give priority for delivery and service vehicles to access the site via King Avenue East. Municipality of Clarington Report PSD -061-15 Page 12 6.21 The Applicant has demonstrated that there will be sufficient parking on the property to accommodate all of the existing and proposed uses. Noise / Property Values / Construction Disturbance 6.22 At the Public Meeting, additional concerns were raised about noise, a reduction in property values and disturbances (dust, traffic) as a result of construction. 6.23 On-site improvements such as solid -screen fences will assist in buffering neighbouring residences from the noise made by delivery vehicles. This new fencing will also assist in providing increased privacy and prevent lights from vehicles shining into the neighbouring properties. Service areas will be internal to the site meaning that the building itself will buffer noises from neighbours on the west side of Beaver Street South, 6.24 It is not possible for the Municipality to anticipate possible changes in neighbouring property values as a result of the proposed Official Plan Amendment and zoning change but experience has been that new development does not negatively impact land values. 6.25 Temporary disturbance due to construction is inevitable. This will include construction vehicles using Beaver Street South and Emily Street. As part of the Site Plan process, Municipal staff will work with the Applicant to limit the impacts from construction on the surrounding neighbourhood. Private Outdoor Amenity Space 6.26 The private outdoor amenity space is proposed to be located on the roof of the building. This is unusual for Clarington and needs further consideration in the site plan process. 7. Conclusion 7.1 The proposed redevelopment will be an intensification project in downtown Newcastle. It is a form of development encouraged by Provincial, Regional and Municipal policy because of its efficient use of land as well its contribution to increased housing diversity. As a mixed-use project, it provides a range of uses that will enliven the area and support the long term viability of downtown Newcastle. 7.2 The proposed 5 -storey, mixed-use building will be the tallest building in Newcastle. Its proximity to commercial uses, northerly siting relative to the closest residences which, setbacks from the street and the closest adjacent residence and its contemporary interpretation on the architectural elements of the Massey Factory building all contribute to integrating the building into the urban fabric, which will continue to evolve over time. As such, it is recommended that the proposed Official Plan Amendment be adopted and the proposed Zoning By-law Amendment be passed. 88 Municipality of Clarington Report PSD -061-15 8. Strategic Plan Application 8.1 Not applicable. Submitted by: D J. Crome, MCIP, RPP Director of Planning Services Paqe 13 Reviewed by. J:�_ B Franklin Wu, Chief Administrative Officer Staff Contact: David Crome, Director, 905-623-3379 ext. or dcrome(a-)-clarinaton.net Attachments: Attachment 1 — Proposed Official Plan Amendment Attachment 2 — Proposed Zoning By-law Amendment Interested parties to be notified of Council's decision: John Blackburn James Coburn Suzanne Drury Ruth Knight\ Michael Fry Nick Swerdfeger Tenzin Gyaltsan Bob Malone Jennifer Lemery Frances Mallon Myno Van Dyk Victor Suppan Attachment 1 to Municipality of Clarington Report PSD -061-15 Amendment Number 105 To the Municipality of Clarington Official Plan Purpose: This Amendment to the Clarington Official Plan and the Newcastle Village Secondary Plan is to permit the construction of a 5 -storey mixed-use building at 49 and 63 Beaver Street South in Newcastle. Basis: This Amendment is based on the materials filed with Official Plan Amendment COPA 2015-0004, the Newcastle Village Centre Urban Design Guidelines and staff's analysis. Actual Amendment: The Clarington Official Plan is hereby amended as follows: 1. Existing Map A4 Land Use Newcastle Village Urban Area is amended to redesignate the lands at 49 and 63 Beaver Street South from "Urban Residential" to "Village Centre" as shown on Exhibit "A" to this amendment. 2. Existing Map A Land Use Newcastle Village Centre Secondary Plan is amended to include 49 and 63 Beaver Street South within the Village Centre Boundary and to designate these lands as "Street - Related Commercial" as depicted on Exhibit "B" to this amendment. 3. By adding a new Section 5.7 in the Newcastle Village Centre Secondary Plan as follows: "5.7 A 5 -storey, mixed-use industrial loft style building with a floor space index up to 1.25 is permitted south of the historic Massey Building." Implementation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment Exhibit "A", Amendment No. 105 To The Municipality Of Clarington Official Plan, Map A4, Land Use, Newcastle Village Urban Area N --"- URBAN BOUNDARY ®FUTURE COMMUNITY PARK URBAN RCSIDI-4TIAL ®NFIGHBOURHOOD URBAN RESIDENTIAL OMEDIUM DENSITY RESIDENTIAI. ® VILIAGE CENTRE HARBOURFRONTCENTRF LIGHT INDUSTRIAL AREA UTILITY ENVIRONMENTAL PROTECTION ARFA ® GREEN SPACE WATERFRONT •....... GREENWAY 1 MAP A4 LAND USE NEWCASTLE VILLAGE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON FEBRUARY, 2014 COMMUNITY PARK DISTRICT PARK ®NFIGHBOURHOOD PARK PUBLIC SECONDARY SCHOOL SEPARATE SECONDARY SCHOOL PUBLIC ELCMFNTARY SCHOOL SEPARATE ELEMENTARY SCHOOL SECONDARY PLANNING AREA •....... SPECIAL POLICY AREA TOURISM NODE 1 MAP A4 LAND USE NEWCASTLE VILLAGE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON FEBRUARY, 2014 Municipality of Clarington Attachment 2 to port PSD -061-15 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2015 - being a By-law to amend By-law 84-63. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 2 — DEFINITIONS, is amended as follows: a) The following definitions are added: Artisan Studio Shall mean a small-scale, artisan production facility where goods are produced and sold. Examples of this use include: artist studio, candle maker, soap maker, crafts (stained glass, jewellry) and microbrewery. Street Facade Shall mean a facade of the building which faces an improved public street Business Establishment Street Facade Shall mean the portion of the Street Facade between finished grade and the level that is 3 metres above finished grade Transparent Glazing Shall mean windows and doors through which the public are able to clearly view the interior of a building. Those windows and doors which are identified as transparent glazing shall not be obstructed by posters, stickers, decals, shelving, furniture or any other permanent or semi-permanent device. 93 2. Section 16A "Mixed -Use (MU) Zone" is hereby added: 16A Mixed -Use (MU) Zone 16A.1 Permitted Uses Uses permitted in the Mixed -Use Zone are denoted by the symbol "Y" corresponding with the row for a specific permitted use in Table 16A.1. below. Residential Uses Apartment Building Dwelling Unit Y Link Townhouse Dwelling Stacked Townhouse Dwelling Long Term Care Facility Retirement Home Retail Uses Artisan Studio Y Convenience Store Y Pharmacy Y Retail Commercial Establishment Y Personal and Professional Services Business, Administrative or Professional Office Y Eating Establishment Y Financial Office Y Fitness Centre Y Day Nursery Y Dry Cleaning Distribution Centre Y Laundry Y Medical or Dental Clinic Y Printing or Publishing Establishment Y School, Commercial Y Service Shop, Personal Y Service Shop, Light Y Gathering Places and Community Uses Assembly Hall Y Place of Entertainment Y Place of Worship Y Private Club Y MA 16A.2 Additional Requirements for Permitted Uses 1. Dwelling units are only permitted above the ground floor of a building containing at least one non-residential use. 2. Non-residential units are only permitted within a building containing a minimum of 5 dwelling units on the second storey or above. 3. Prior to lifting the Holding (H) Symbol, the only use permitted on lands zoned (H) MU1, and all exception zones, are those uses that are legally existing on the date that the By-law came into effect for that respective property. 16A.3 Regulations The regulations for lots in a Mixed -Use Zone One are set out in Table 16A.2, below. Street Frontage (minimum) 50 metres Minimum Front Yard 2.0 metres Maximum Front Yard 5.0 metres Minimum Exterior Side Yard 2.0 metres Maximum Exterior Side Yard 5.0 metres Minimum Interior Side Yard 1.5 metres Minimum Interior Side Yard abutting a Residential Zone 5.0 metres Minimum Rear Yard 1.5 metres Minimum Rear Yard abutting a Residential Zone 10.0 metres Minimum number of storeys 2 Maximum number of storeys As identified on the Zoning Map Schedule 2) Step back of the primary street fagade 3.0 metres above the third storey (minimum) Length of primary street fagade as a 50% percentage of the lot frontage Amount of transparent glazing along the business establishment street fagade Location of Primary Residential Entrance 50% Within the street fagade;or 95 19 Within side facade provided that the entrance is located no more than half the width of the building from the street fa ade to the rear facade. Location of Non -Residential Use A minimum of 1 business establishment Entrances located on the ground floor shall have a primary entrance within the street facade. Landscaped Open Space (minimum) 10%1) Perimeter Abutting a Street 2.0 metres Landscape Interior Side Yard Abutting residential zone - 2.0 metres Widths (minimum) Rear Yard Abutting residential zone - 2.0 metres Parking Requirements for Retail Uses, 1 space / 30 square metres gross floor and Personal and Professional Services area (minimum) Bicycle Parking for Non -Residential Uses 10% of the required automobile parking (minimum) spaces. Internal Bicycle Parking for Residential 1 for every 2 dwelling units. Uses (minimum) Loading Space (minimum) 1 space (4 metres x 11 metres) Storage, refuse and other service areas. Completely enclosed within the building. Base stations for communications Completely enclosed within the building. equipment Solar panels on flat roofs Setback a minimum of 4.0 metres from the roof edge and no more than 1.25 metres above the height of the roof. Footnotes: 1. Where a property is a corner lot, the front lot line shall always be located on the street line of the highest category of arterial street identified in the Clarington Official Plan (e.g. the front lot line will be on the arterial road frontage versus the collector or local street frontage). 2. Maximum building height is shown on the Zoning maps with the suffix "S" which indicates the maximum number of storeys (e.g. "MU(S:6)" means the maximum height permitted is 6 storeys. This height provision does not apply to accessory buildings or structures.) 3. A portion of the Landscaped Open Space shall be designed and demarcated as a private outdoor amenity area for residential dwelling units." NEI 4. Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential (R2) Zone" to "Mixed -Use 1 (MU1(S:5)) Zone" as illustrated on the attached Schedule "A" hereto. 5. Schedule "5" to By -Law 84-63, as amended, is hereby further amended by changing the zone designation from "General Commercial Exception (C1-54) Zone" to "Mixed -Use 1 (MU1(S:5)) Zone" as shown on the attached Schedule "A" hereto. 6. Subsection 16.5.25 b. xiii) is deleted and replaced with the following subsection: "xiii) A portion of the parking required for lands zoned C1-25 may be accommodated on abutting lands C1-54 and MU1(S:5)" 7. Section 16.5.54 is amended to add a subsection b.iii)) as follows: "iii Aortion of the p parking required for lands zoned C1-54 may be accommodated on abutting lands C1-25 and MU1(S:5)" 8. Schedule "A" attached hereto shall form part of this By -Law. 9. This By -Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 17(2) and 34 (21) of the Planning Act, R.S.O. 1990. By -Law passed in open session this day of , 2015. Adrian Foster, Mayor Anne Greentree, Municipal Clerk 21 97 This is Schedule "A" to By-law 2015- , passed this day of , 2015 A.D. KING AVENUE EAST Adrian Foster, Mayor ® Zoning Change From "C1-54" To "MU1(S 5)" Q Zoning Change From "R2" To "MU1(S:5)" ® Zoning To Remain "C1-25" 0 Zoning To Remain "C1-54" Newcastle Village . ZBA 2009-0003 . Schedule 5 C. Anne Greentree, Municipal Clerk Attachment 3 to PSD -061-15 114843-109 King Avenue Development 564069 Ontario Inc. Proposed Five -Storey Mixed -Use Development 131 King Avenue East, Newcastle, ON. Planning & Architectural Justification Report II NS t o I Alk% O.G.Biddle c& Associates Limited NICK SWERDFEGER ARCHITECTS INC.-� 71 ALBERT STREET I GROUND FLOOR I OSHAWA, ON 96 K+N , STREE- EAST • OS—WA,ON t H 1 Bfi P.'ONE (905)976-8'500 • -AX (905)576-9730 L1H7R1 TEL. 2893162720 'NEB. w .nmrchxa ticn-ddiemt.r--e�t.to.., November 23 2015 Introduction / Summary: The following supplemental report has been prepared for 564069 Ontario Inc., the owners of the properties located at 131 King Avenue East and 49 & 63 Beaver Street South, in the Village of Newcastle, Municipality of Clarington. Clarington Planning Department staff have requested this supplemental report to address the site and building design configuration and components as they relate to a proposed five -storey mixed-use commercial and residential building at the subject address. This report is intended to complement the Planning Justification Report prepared by D.G. Biddle and Associates Limited, dated August 2015. This supplemental report will outline and provide justification for the proposed site plan and location of the proposed five -storey mixed-use building at 131 King Avenue East, and thus provide design rationale for the proposed building form, mass, volume, facade composition and materiality as they relate architecturally to the existing site, established neighbourhood, and the Newcastle Village Centre Urban Design Guidelines, 2013. W" % A 1� r. 00 07 i ♦ rev so Fas�i'� v�r�r ♦''''' a , '` riyure is zuu)eu rroperves LOCailon Map 1.0 Building -Site Location: The subject property is located at the south-east corner of King Avenue East and Beaver Street South. The consolidated site includes properties municipally numbered 131 King Avenue East and 49 & 63 Beaver Street. Convenience addresses 91 and 109 King Avenue East are assigned to the Massey Building and the proposed five -storey mixed-use building, respectively. The existing development of the site consists of the restored 3 -storey heritage Massey Building and a 1 -storey Foodland grocery outlet (see Figure 1). The proposed five -storey mixed-use building is sited at the southwest corner of the site, south of the historic Massey building, adjacent to Beaver Street South and opposite Emily Street East. The 100 proposed five -storey mixed-use development is located immediately south of, but outside the boundary of the Newcastle Historic Downtown District. With the proposed development being sited to the south of the Massey building, the intent will be to provide continuity of a strong building facade presence along the east side of Beaver Street. Secondary vehicular access to the site is proposed to be relocated from the south side of the Massey Building to a location opposite Emily Street East, in accordance with Municipal Engineering policies for driveways and intersections (see Figure 2). _K.l1VG AWA116 EAS,' .--- a Q= N I I to r I I ULa _ EW Y STREET EAST I E� Figure 2; Proposed Site Plan f7l iso moor 1.1 Building setbacks The zero lot line setback of the Massey Building to the municipal right-of-way is an existing historical condition that is not optimal for pedestrian sidewalk width. The proposed new building will be set back 3.8m from Beaver Street, addresses the lot line setback policy of the Newcastle Village Urban Design Guidelines (Section 4.1.2), which provides for a transition of existing front yard setbacks between the subject property and the dwelling located at 65 Beaver Street South to the south. Through the urban design guidelines and this applied principle the proposed development provides a sufficient setback from the historic Massey building, and the established neighbourhood to the south. Through this application of setbacks the proposal is able to maintain and complement the historic property of significance and provide visual continuity and transition to the established neighbourhood. 101 LW 1 3 r t 1 I tiO 1 1 I r - PROPOSED ' FIVE—STOREY DEVELOPMENT I ' 1 1 EMILY STREET E NEW ACCESS . 1 ori I r 7.0 �EXISTING i RESIDENTIAL 4 Figure 3: Building Site Setbacks Alignment 1.2 Angular Plane The Newcastle Village Centre Urban Design Guidelines, Section 4.1.2, states that "the use of angular planes measured from the property lines to define setbacks, maybe considered to protect the privacy, light and views of the adjacent properties". Typically a 45 -degree angular plane is referenced as a general guideline, in combination with a minimum building setback, in the case where a mid -rise commercial or residential use abuts a low-rise residential use. The 45 -degree angular plane is intended to limit the adverse negative impact on 102 adjacent properties of a new mid -rise or high-rise building or building addition, particularly with regard to sunlight/shadowing, privacy and overlook, and maintenance of views. The location and height of the proposed five -storey mixed-use building would provide for a 51 -degree angular plane from the south property line to the top of the parapet wall (see Figure 4b). In order to mitigate other potential negative effects on the adjacent property to the south, the owner proposes to include landscaped buffering between the two buildings. In addition to the 15.1m building setback, between the proposed secondary access driveway and the residential property to the south is a 4.79m -wide landscaped strip that is wide enough to accommodate a 1.8m tall privacy fence and two rows of higher -caliper trees (see Figure 4a). The privacy fence and trees are intended to provide a physical and visual barrier between the two land uses. The privacy fence could potentially be upgraded to provide acoustical mitigation to dampen the noise generated from activity on the subject site to the residential property to the south. The landscaped buffering could be secured through a site plan agreement between the owner and the Municipality. We feel these design attributes will provide for an overall sustainable on-site solution and enhancement for both properties as a successful buffer/transition space between the proposed development and the established neighbourhoods to the south. 18 &SM X 15.1 rn Existing Residential (65 Beaver Street) Emst+ng Propertyune Figure 4a: Site Plan Setbacks to Established Neighbourhoods (Plan) In addition to this landscaped buffering proposal, we have also included in Appendix 1, the sun shadow studies for the proposed development within the site and context. With reference to the Urban Design Guideline principles for the use of angular planes, the primary reasoning for which is to 103 Proposed (south n ( Evergreen tree Planting Proposed (north row) Eleciduous tree E Planting Beaver Street Proposed s.om Lardstape Strip Figure 4a: Site Plan Setbacks to Established Neighbourhoods (Plan) In addition to this landscaped buffering proposal, we have also included in Appendix 1, the sun shadow studies for the proposed development within the site and context. With reference to the Urban Design Guideline principles for the use of angular planes, the primary reasoning for which is to 103 allow for the penetration of natural sunlight to adjacent properties. With reference to Appendix 1, you will find that the siting and massing of the proposed development does not impact the established neighbourhood to the south. Ex Residential Property Acoustic board fence 2.4m high Propsoed Site Detail -l. Deciduous tree (north row) \ \ Propsoed 51' Angular plane \ ♦ ` ♦ \ r Propertyline 1 � \I ^ \ � I � E t 0 �d OProposed Access v _ u K 45' Angular plane Figure 4b: Site Plan Setbacks to Established Neighbourhoods (Section & Transition Detail) Through the use of sustainable materials and adequate setbacks and the recommended urban design principles, the proposed development can provide for a positive transition between the Historic Downtown District and established neighbourhoods to the south. The proposed setbacks, provide adequate transition and visual interest to the skyline and reinforce the street wall along Beaver Street, as well as cornplement the existing heritage buildings. In addition to the setbacks for the proposed development contributing to the design for privacy between the development and the established neighbourhoods, the design of the building lends itself toward privacy within, and to, adjacent properties. By internalizing all balcony spaces within the residential floors (floors 3 to 5) and providing for a rooftop amenity space, set back well within the rooftop parapet walls, views, acoustics and privacy are considered and provided for and work toward decreasing the impact on adjacent sites (see Figure 5). 104 Internal Balcony Spaces Typical Residential Floor Pian (3rd -5th) 8.©m lit Cn Exterior Amenity Space C% (Setback from Building Perimeter) V Roof Plan (Amenity Space) Figure 5: Internalized & Setback Amenity Spaces Through the use of building setbacks, sustainable site techniques and building and unit configuration, the design approach to the proposed development attempts to provide a transition between the Historic Downtown District and established neighbourhoods to the south, while providing design elements to define setback, for the protection of the privacy, light and views of the adjacent properties. 105 2.0 Architectural Form, Massing, Volume & Facade Composition (Fenestration) With respect to the architectural design and composition of the proposed development at 109 King Avenue, our approach to provide a design that provides a complimentary approach to the historic artifact; the Massey building, aligns within the Newcastle Village Centre Urban Design Guidelines. With reference to section 4.1,2, new developments shall be complimentary when adjacent to historic properties, through views, streetscape, massing, architecture and materials. The proposed development provides a contemporary (modern) approach to the traditional historic property in relation to massing, volume, fapade composition (fenestration) and materiality. The proposed development uses principles of symmetry, mass, regularity of openings, rhythm and proportion to reference itself to the Massey building. With respect to the height, figure 6 below indicates how the proportion of the proposed development aligns itself to the historic property. By aligning the second storey banding, establishing the proposed buildings base to the existing Massey building cornice provides for integration, alignment and a transition in height, with the provided setback that compliments the historic property. Capital (Cornice) u 1 .i7, Shaft (Body Base Figure 6- Elevation Massing Proportion Perspective Alignment of Existing Cornice to Middle Banding element Tianstion of visual continuity along the street wall (Beaver Street) Exterior Amenity Space (between Historic & New) Figure 7- Elevation Continuity 106 The proposed development also attempts to align itself within the Newcastle Village Urban Design Guidelines to the historic property through architectural style. The existing property is representative of early Victorian Era industrial architecture with early post -and -beam construction. The Massey building illustrates a classical rhythm and form that exemplifies a base, body and capital, along with a regularity of openings enforcing a strong symmetrical form and rhythm of the facade. The proposed development aligns itself along these same principles of architecture through a contemporary approach. By providing a base, middle body and capital, with clean lines and no ornamentation and detail, the development references a classical symmetrical approach, while not enforcing the proportions through detail, thus complementing the existing historic structure. The proposed development also provides a reference and complementary style through rhythm, symmetry and facade composition. As shown in figure 8 below, the symmetrical, balance of large openings within the symmetrically balanced facade, provides a contemporary reference to the Massey property. With regularity, spacing and style of openings of the proposed development, the simplicity and clean lines help to complement the existing historic property, provide functional and marketable design elements of the proposed property, thus creating a development that completes the street wall along beaver street, and allows the corner property of historic significance to remain prominent, as referenced in the Newcastle Village Urban Design Guidelines. Section 4.1.2 1 1 1 1 1 1 1 1 1 11100■■■■ �.I M 1 1 i 1 1 1 1 i`1■■■■■■ =: 1 1 1 i■�l Sl 0 0M` Existing Massey Building Facade Composition Facade Composition Visual Continuity - _ Repetitive Alignment of Openings Symmetrical Balance of Architectural Form through composition of openings _ _ Visual Continuity of the street wall Figure 8- Facade Composition 107 Proposed Development Facade Composition In addition to form, mass, volume, style and facade composition, the proposed development aligns itself within the guidelines and compliments the Massey Building property through materiality. As per figure 9, The proposed developments exterior finishes materials a similar to that of the historic Property but also additional properties within the historic downtown district. By using a combination of larger elements (architectural stone) at the base of the building and brick veneer masonry above with smooth face architectural block elements, the symmetrical fapade composition is reinforced through the scale of materials and significant architectural elements through a contemporary (modern) approach. The proposed development with its use of traditional materials compliments the historic property, thus does not intimidate and/or mimic in either fashion, by remaining contemporary and modern through design, as such reference to the urban design guidelines section 4.1.2 GRAPHITE GREY PRE -FINISHED METAL FLASHING 6 PARAPET CAP FLASHING GRAPHITE GREY PRE -FINISHED ALUMINUM UNITIZED WSNDOW WALL SYSTEM 'WT_STVILLE' WITH 10% BLEND: VENETIAN I0% BLEND OF REGENCY BROWN CONTEMPORARY DESIGNER SERIES BRAMPTON BRICK MM SMOOTH FACE ARCHITECTURAL BLOCK- STONE SILL BANDING 'WHEAT RENNAISSANCE SERIES ARRISCRAFT STONE ITYPICAL BANDING) STONE SILL 'WHEAT ARRISCRAFT STONE TEMPERED GLAZING JULIET BALCONIES. PRE -FIN ALUMINUM WINDOW WALL SYSTEM + SMOOTH FACE ARCHITECTURAL BLOCK 'WHEAT' RENNA ISSANCE SERIES ARRWRAFT STONE Figure 9 Exterior Material Finishes Compatibility The facade composition, articulating provides a visual unity at the street level, regularity and overall symmetry, thus providing a well-designed composition, in alignment with the Newcastle Village Urban Design Guidelines. Enhance and compliment the overall aesthetic feel of the historic downtown district. U, Figure 10 Exterior Rendering- Beaver Street 109 3.0 Conclusion With respect to the proposed new five -storey mixed-use building at 131 King Avenue East and its relationship to the downtown Historic District, We find our proposal provides clear definition and articulates principles of design, mass, form and facade composition through a contemporary (modern) approach well within the defined objectives of the Municipality of Ciarington's Newcastle Village Centre Urban Design Guidelines. The development, through the previously illustrated diagrams, shows the principles of integration with the adjacent Downtown Historic District and with the established neighbourhood to the south and west. In conclusion, the proposed development aligns and balances with the Newcastle Village Centre Urban Design Guidelines and the principles of good urban design and good architectural design. The proposed five storey development at 131 King Avenue East attempts to help strengthen the role of the Village Centre by providing economic, retail, social and residential spaces that will facilitate and reinforce the goals Municipality of Clarington's Newcastle Village Secondary Plan through increased densities, quality urban design and heritage preservation within a developing community. Sincerely: Nick Swerdfeger, DAA, MRAIC Michael Fry, Senior Planner Nick Swerdfeger Architects Inc. D.G. Biddle & Associates Ltd. Figure 11: Exterior Rendering- From King Avenue 110 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: April 3, 2017 Report Number: PSD -024-17 Resolution Number: File Number: ZBA2016-0016 By-law Number: Report Subject: Claret Investments Limited & 1361189 Ontario Limited - application to amend the Zoning By-law to facilitate the creation of 15 single detached lots on lands located on Harry Gay Drive, Courtice Recommendations: That Report PSD -024-17 be received; 2. That the application for rezoning ZBA2016-0016, submitted by WDM Consultants be approved and that the Zoning By-law Amendment contained in Attachment 1 to Report PSD -024-17 be passed; 3. That a by-law to remove the (H) Holding Symbol be forwarded to Council once the road within Block 14 has been constructed, Block 13 has been dedicated to the Municipality in an acceptable condition and all the requirements of the 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 -024-17 and Council's decision; and 5. That all interested parties listed in Report PSD -024-17 and any delegations be advised of Council's decision. 111 Municipality of Clarington Report PSD -024-17 Report Overview Page 2 This report recommends that Council rezone lands that were planned as part of a future school block to be used for 15 single detached lots and three partial single detached lots provide an appropriate wetland buffer block, consistent with adjacent areas of the neighbourhood. The applicant has determined to proceed to create the lots by consent rather than by plan of subdivision, the latter preferred by the Municipality. 1. Application Details 1.1. Owner: Claret Investments Limited & 1361189 Ontario Limited 1.2. Applicant/Agent: William D. Manson, WDM Consultants 1.3. Proposal: To amend the Zoning By-law to permit the creation of 15 single detached lots and 3 partial single detached lots (see Figure 1). The lots fronting onto Harry Gay Drive have a minimum width of 11 metres. The lots from on the future street have a minimum width of 10 metres. 1.4. Area: 1.041 hectares (2.572 acres) 1.5. Location: East side of Harry Gay Drive, south of George Reynolds Drive and north of Nash Road, Courtice 1.6. Roll Number: 18-17-010-090-19570 1.7. Within Built Boundary: No 2. Background 2.1. The proposal is to rezone Block 102 in Registered Plan 40M-2364. This block was originally draft approved as part of a future public elementary school site. Prior to 2004 the public school board decided it would not require a school in the Hancock neighbourhood and that they would not be pursuing acquisition of the subject lands. The 2013 Hancock Neighbourhood Design Plan Update eliminated the school block replacing it with residential development and this application proposes to implement this change. 2.2 The proposal is generally consistent with the Hancock Neighbourhood Design Plan (NDP) approved in 2013. Although the road pattern remains the same, the applicant has altered the lotting pattern from the approved NDP (see Figure 2). The developer prefers to have 12 lots front on Harry Gay Drive, to take advantage of services that were installed, at their risk on Harry Gay Drive when the subject lands were still a school block, and three full and three partial lots fronting on a future road on abutting lands (see Figure 3). The approved Neighbourhood Design Plan identified seven lots fronting on Harry Gay, 112 Municipality of Clarington Report PSD -024-17 Page 3 eight lots fronted on an internal street and three partial lots fronted on the future road in an abutting draft approved subdivision. The total number of units remains the same and the lotting pattern change is the main difference between the 2013 approved Neighbourhood Design Plan and the lotting of the proposed rezoning. The developer continues to be responsible for the construction of the road within his land ownership regardless of whether or not the proposed lots front on said road. 2.3 In addition, the developer has advised he prefers to proceed by consent to create all of his proposed lots. In Staff's opinion the plan of subdivision approval process should be pursued. A number of meetings were held with the developer to discuss this issue, and staff identified the benefits of proceeding by plan of subdivision, including reduced costs. However, to date the applicant has resisted and we anticipate that the division of land will occur through the Durham Land Division Committee. It will be the Region's decision as to whether a plan of subdivision will be required / ' .a -=►I �i�'�i �s 17iwi� I��"�1-'�'1►1-,`I�! ��•'1- "I""isR`��i 1'�� �fi 1�*T`t� GEORGE R YNOLDS DR _ .. o Wetland Suf3jact Property r V � � n M STREET BROOMEr AV 1 L— Figure 1: Existing Development and Subject Lands 113 Municipality of Clarington Report PSD -024-17 Figure 2: Relevant Portion of the Hancock Neighbourhood Design Plan -2409-0041 Harry Gay JF7 "—" Park Subject Lands Bilk 142 of 40M-2364 3 e 40 a —2364 e a a PART 11 0 B B v LU 6 8 B B 6 6 & B 0 � PARTYI❑ B E E B -- V e Existing Housing Future Housing w _ — e Q = BROOME V Open Space PART 9 Figure 2: Relevant Portion of the Hancock Neighbourhood Design Plan Page 4 PART 11 0 v � PARTYI❑ y w � PART 9 i µAft Tub xxYah❑ � y, 'y,°i N PART 7 f PAR7 16 ��PART 8 nm 5 @ M PART 17 M�PAftT bm � PART 5 181' C' el, N 9 o N Figure 3: Proposed Loiiir Pattern for Subject Lands Page 4 Municipality of Clarington Report PSD -024-17 2.4 Reports submitted in support of the application are: • Functional Servicing & Stormwater Management Report, • Scoped Environmental Impact Study, • Environmental Site Screening Investigation, and • Energy Efficiency and Sustainability Plan. 3. Land Characteristics and Surrounding Uses Page 5 3.1 The subject property is flat and vacant except for the temporary storage of topsoil for dressing lots and boulevards in the Plan 40M-2364 Subdivision (see Figure 4). South and west of Block 102 are built-up portions of Registered Plan of Subdivision 40M-2364, which are comprised of relatively new detached homes. 'r Figure 4: Looking Southeast at Block 102 The surrounding uses are as follows: North - Harry Gay Park South - Existing Residential East - Draft Approved Plan of Subdivision S -C-2009-0001 and an Open Space Block West - Harry Gay Drive and on its west side a bank of Existing Residential 115 Municipality of Clarington Report PSD -024-17 4. Provincial Policy 4.1 Provincial Policy Statement Page 6 The Provincial Policy Statement encourages the efficient use of services with cost- effective development patterns, a mix of residential dwellings and opportunities for intensification and redevelopment in accordance with provincial targets. The creation of single detached lots on a block originally draft approved for an elementary school provides efficient utilization of existing services while maintaining neighbourhood character. The proposal conforms to the Provincial Policy Statement. 4.2 Provincial Growth Plan The proposed lots represents efficient use of land and existing services while maintaining neighbourhood character. The proposal conforms to the Growth Plan. 5. Official Plans 5.1 Durham Region Official Plan The Durham Region Official Plan designates the subject block Living Areas. The predominant use within said designation is for residential development. The proposal conforms to the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject block Urban Residential — Low Density with the exception of the northeast corner which is designated Environmental Protection Area. The proposal conforms to the Clarington Official Plan. 5.3 Clarington Official Plan as amended by Amendment 107 On November 1St, 2016 Council adopted Official Plan Amendment 107 which brought the Clarington Official Plan into conformity with the Regional Official Plan and Provincial Policies. The subject block is designated Urban Residential with the exception of the northeast corner which is designated Environmental Protection Area. The proposal conforms to the OPA 107. 116 Municipality of Clarington Report PSD -024-17 6. Zoning By-law Page 7 The key matter is the Zoning By-law 84-63 which zones the subject block "Urban Residential Exception (R1-42)". This zone permits only public schools as defined in the Zoning By-law. Since the proposal is for single detached residential development with environmental protection for the northeast corner, this current rezoning application became necessary. The proposed zoning by-law amendment would utilize zones previously approved on surrounding lands in the Hancock Neighbourhood. 7. Summary of Background Studies 7.1 Scoped Environmental Impact Study The subject block is a cultural old field meadow with scattered conifer regeneration that also stores topsoil from the adjacent subdivision. The study reviewed existing conditions, vegetation and wildlife. No species at risk and/or rare species were found. A 30 metre buffer from the Provincially Significant Wetland (PSW) boundary is required by the Clarington Official Plan. The open space block at the northeast corner of the subject block, adjacent to the PSW, is 30 metres wide and 60 metres long, sufficient for buffering. Potential lowering of the water table will be partially addressed by the open space block as a recharge zone and lot level infiltration of roof runoff onto level grassed areas and low gradient swales. Naturalization of the open space block is recommended through a planting plan focussed on locally indigenous native plant species. Black Creek will not be affected by the developments stormwater runoff as it will move through the storm sewer system and the Macourtice Stormwater Management Facility. The engineering consultant has recommended several low impact development provisions for stormwater management as well as measures for erosion and sedimentation control including to the woodlands dripline. An Environmental Awareness Brochure will be prepared for homebuyers as a condition of approval for the lot creation. The subject lands have been a topsoil storage area for several years. Planted Scots Pine at the east limit is the only vegetative or wildlife habitat feature in the subject block. No loss of natural heritage features or functions is anticipated as a result of the proposed development. The natural heritage system has been given a high level of protection through the provision of the open space block as a buffer, with recommendations for future naturalization, and through low impact development stormwater management measures. 7.2 Functional Servicing & Stormwater Management Report The Report establishes that the servicing infrastructure for the proposed lots is adequate and the receiving drainage systems are not adversely affected. This includes permanent stormwater quality and quantity controls and construction period erosion and sedimentation controls. 117 Municipality of Clarington Report PSD -024-17 Page 8 The proposed lots fronting on Harry Gay Drive were pre -serviced with sanitary and storm sewer, and water service connections. Water service will be extended east from Harry Gay Drive to service the remaining lots and the draft approved Headgate subdivision to the east. Sanitary sewer is at the Broome/Duval intersection and is to be provided for in the extension of Broom and the development of the Headgate Subdivision. Future water quantity is also to be controlled with several low impact development (LID) measures: minimum slope rear yard swales for enhanced infiltration; 300 millimetre depth topsoil on the lots for enhanced infiltration; and an infiltration gallery upstream of the catchbasin inside the open space block. During construction, future water quality is to be controlled by: enviro fence on or near the subject block's perimeter; construction vehicle access limited to the intersection of Harry Gay Drive and the internal street; catchbasin filtration on existing catchbasins; and residential construction 'good housekeeping'. 7.3 Environmental Site Screening Investigation Letter Site screening for potential contamination was done in a letter report in support of the Completed Durham Region Site Screening Questionnaire. The subject block was historically, cropfield, as late as 2007. There appears to have been no orchards on the subject block. Topsoil and building material debris were found in the subject block, from other parts of the registered plan of subdivision 40M-2364. Source determination and visual observation lead to no anticipation of an environmental concern. A Phase One Environmental Site Assessment was determined not warranted and no issues of potential environmental concern were identified for the subject block. 7.4 Energy Efficiency and Sustainability Plan Energy efficiencies for the dwellings will be created through several paths including compliance with the Jan. 1, 2012 revised Ontario Building Code with its enhanced energy efficiency requirements. An erosion and sedimentation control plan was submitted. Low impact development measures will be used including minimum slope rear yard swales for enhanced infiltration; 300 millimetre depth topsoil on the lots for enhanced infiltration; and an infiltration gallery upstream of the catchbasin inside the open space block. Benefitting the natural environment more directly is the open space block acting as a buffer to the Provincially Significant Wetland (PSW) to the north east; and as an area of tree preservation and future naturalization. An Environmental Homeowners Guide on environmentally sensitive areas, rare plants, and amphibians, near the development, will be distributed. 8. Public Submissions 8.1 The neighbouring developer/landowner to the east has phoned and emailed staff to articulate his objections to the proposal as follows: He believes, the intention of the neighbourhood design plan and the basis on which the subdivision plan to the east was draft approved was that services would be extended to the subdivision to the east through the lands subject of the proposal; 118 Municipality of Clarington Report PSD -024-17 Page 9 He also believes the intention of the proposed lotting is to leave the proposed future internal street unserviced forcing the neighbouring developer to install the right-of- way services. He finds this unacceptable; The Municipality has required houses to be oriented on north -south lots, where possible, for environmental reasons, hence the 2013 neighbourhood design plan layout should be followed; and As the neighbouring landowner does not want to service the lots subject to this application that have frontage on a future road on the abutting lands to the east. 8.2 One nearby resident expressed a number of concerns: A considerable number of school -aged children live in the immediate area. More houses will increase safety issues for many children; The proposed area is forested and home to many indigenous species. Wildlife habitat loss is both a concern and a public safety risk; The Harry Gay Neighbourhood Park is wonderful for young children but, the Courtice North Neighbourhood Association would love to see a park for all ages and members of society. Will the park expand to accommodate newer developments? Could there be additional facilities such as tennis courts, basketball courts, or a hockey (winter) and lacrosse (summer) rink? After the Halminen houses were built, an influx of park use by young families and others has occurred. How were they allowed to build without constructing a park for their buyers? On summer evenings, for soccer games, Harry Gay Drive is filled with parked cars. Road and community safety is decreased and litter is left everywhere; and The community is not opposed to the proposed development but, the greenspace and the "feel of the neighbourhood" must be maintained. Bowmanville and South Courtice are overdeveloped. The Harry Gay Neighbourhood should not join them. 8.3 A second nearby resident had many comments: They believe a pond should be created in the open space block; Requested restricting the use of the five residential lots west of the open space block, to only motion sensors attached to all rear yard lighting; It was suggested that the land owner has eradicated forest and wetland in the neighbourhood to cause on this nearby neighbour's property: a small marsh to dry up, the oldest trees to die, and within and beyond the property, the wells of the Hancock Road properties, either to dry up or be hardly usable. A contingency plan approved in the OMB Decision was reflected in Conditions of Approval for the subdivision in 2010. These wells revived after heavy rains but, never again to the point of sufficient water supply, and so, additional water sources have to be used. All the very special plants that survive only on the high water table level disappeared from this neighbor's wetland and meadow. This year the Hancock Road wells dried up and have not revived since. The cause of the dryness is not climate change but, the drainage of lands under the developer's management; 119 Municipality of Clarington Report PSD -024-17 Page 10 The resident advised they were not offered well restoration nor connection to the watermain with work on their properties being paid by the developer. This is in contradiction of the OMB Decision for Case PL970051. Very bad decisions were approved by the OMB according to this nearby neighbour. During the OMB Hearing, the developer, supported by Clarington, had no setback from the Environmentally Sensitive Areas. The Condition of the OMB Decision protecting drinking water is not enforced; • The neighbor expressed concern that the open space proposed along the Provincially Significant Wetland remain, and that drainage be redirected to the open space and some depressions be made for plants that were destroyed or removed from our watershed. Requested trees be planted along the edge to protect the wetland from light, air pollution and wind; • Requested construction vehicles use Harry Gay Drive and not Hancock Road; • Suggested the fill/subsoil stock piled at this site be used when houses are constructed. Then drainage could be more easily redirected by proper grading towards the wetland; and • Requested the stormwater management pond be rehabilitated and all invasive species removed before they overtake the pond. Clarington can clean up our ditches, streams, woodlands and wetlands since this neighbor did not get any appreciation from Clarington for the group's hard work. Ask developers to clean up after themselves from time to time. 8.4 A third nearby neighbour asked what the plan layout was, but did not have concerns with the development, although suggested it is unfortunate they plan to take down a lot of trees, as many in the area have been cut down already for the highway. They enquired if another park was planned at the end of Broome Avenue. 8.5 An enquiry was received having interest in buying a house on the subject lands. 9. Agency Comments and Departmental Comments 9.1 The Public School Board had no objection but asked that consideration be given to sidewalk connections and pedestrian routes for safe access for students attending the Board's nearby schools. 9.2 Canada Post has no objection but notes one community mailbox site is needed. Requirements were requested for inclusion in the future development agreement. 9.3 Enbridge and Rogers have no objection. 9.4 The Regional Planning and Economic Development Department has confirmed that the application conforms to the policies of the Regional Official Plan (ROP), and generally conforms to the Provincial Growth Plan. The Regional Works Department has no comments. 120 Municipality of Clarington Report PSD -024-17 Page 11 9.5 The Regional Transit Department stated the proposal has no significant Durham Region Transit impacts. 9.6 Central Lake Ontario Conservation Authority supports the open space block with a protective zoning and dedication to the Municipality of Clarington. The Authority supports naturalization of the above block including a planting plan subject to their approval. The Authority requests the area of the Draft Approved Headgate Subdivision be reinvestigated for rare species which were found previously, for the purpose of transplanting to the above block. The Authority has technical comments for the drainage scheme and the LID measures that will need to be addressed. The infiltration gallery should be enlarged as much as is feasible. Options to capture drainage from the residential lots need to be incorporated into the development design. None of this precludes the proposed rezoning, which in the case of the open space block is "Environmental Protection (EP)". When the lots are later divided the Authority will require conditions on all of the lots to resolve the above concerns. 9.7 Operations has no concerns, and Emergency and Fire Services has no fire safety concerns. 9.8 Engineering Services notes that prior to final approval of the development the Department will have to be satisfied regarding grading, servicing, and stormwater management. The Functional Servicing and Stormwater Management Report and the On -street Parking Plan are acceptable for rezoning purposes. Actual development of any portion of the subject lands will require the owner enter into a development agreement for the entirety of the subject lands and any decision regarding the extent of works deemed necessary to facilitate actual development on the subject lands will be determined solely by the Director of Engineering Services. 10. Discussion 10.1 The proposal is generally consistent with the Hancock Neighbourhood Design Plan, approved in 2013, with the lotting pattern proposed to be altered from what was in the Plan as described in Section 2.2 of this report. 10.2 A neighbouring land owner questioned the orientation of the proposed lots. (Parts 6-9, 17 and 18). The Neighbourhood Design Plan contained lots on the internal local street which provided a north -south orientation. It minimized the number of driveways on Harry Gay Drive, a collector road and it provided for better passive solar heating. It also was intended to incent the proponent to construct the new street. In consideration of the existing services that were pre -stubbed on Harry Gay Drive, the proposed lotting pattern is acceptable. However the owner/developer will remain responsible for the construction of the east -west road and associated services before any building permits are issued (see paragraph 10.10). 10.3 The requirements of the Conservation Authority and Clarington Engineering Services will be incorporated into the process for lot creation. 121 Municipality of Clarington Report PSD -024-17 Page 12 10.4 Vegetation on the subject block was removed in compliance with the original draft approval and has since principally been used for soil storage. It is not forested today, although nearby areas are. 10.5 Harry Gay Neighbourhood Park was built only in 2013, and is complete. The Municipality has no plans for expansion of this park, or a park elsewhere in this neighbourhood. However, the new open space block provides opportunities for passive recreation and a trail connection into the adjacent park. 10.6 The second nearby resident had many concerns. Creating a pond in the open space block was one of them. This parcel will be zoned "Environmental Protection (EP)" and as a condition of the application to create the lots will require a planting plan to be prepared to the satisfaction of the Municipality and the Conservation Authority to be implemented at the developer's expense. In addition the EIS and Functional Servicing both speak to directing storm water to this area and constructing an infiltration gallery upstream of a catch basin. 10.7 The area slopes in a southeasterly direction, therefore all the stormwater from the lands cannot be directed to the PSW to the north and east. However, the functional servicing report and Environmental Impact Study both had recommendations to direct as much runoff as possible to the open space block where an infiltration gallery will provide recharge benefits. 10.8 Requiring motion sensors attached to all rear yard lighting will be reviewed with the EIS consultant and Conservation Authority staff, and can be implemented as a condition of approval on the lot creation. However, it would only be applicable to the builder and future landowners would be able to switch and add lighting fixtures subsequently. 10.9 Construction vehicle routes, fill/subsoil placement and removing invasive species from the Macourtice Storm Water Management Facility will be addressed at the detailed engineering stage. 10.10 The residential zones for this development will have a holding symbol (H) placed on them, only to be removed when detailed design is completed and a subdivision agreement is executed for this development block. Given that we anticipate the developer will proceed by consent and that the construction of the new road to the east boundary of the lot is paramount to enable the approved development to the east to proceed, a condition for lifting the holding symbol on any lot within the subject lands, will be the dedication of the future municipal lands, including the 0.33 metre reserve, and the construction of the road all services on Part 14 of the proposed reference plan. 10.11 All municipal taxes have been paid at the time of writing Report PSD -024-17. 122 Municipality of Clarington Report PSD -024-17 11. Conclusion Page 13 The entire property is currently zoned for urban residential uses. Through this application, some of those lands will be rezoned to Environmental Protection to buffer the PSW. The balance will be rezoned residential with updated zoning provisions for 10 metre lots (R2-58) and 11 metre lots (R2-66). 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. Submitted by: Reviewed by: David J. Crome, MCIP, RPP (for) Curry Clifford, MPA, CMO Director of Plannina Services Interim CAO Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell(d)-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: Bill Manson Andy Andersen Sami EI-Hajjeh Libby Racansky Laura Slayer Bradshaw Maria Serra BR/CP/df/av 123 Attachment 1 to Municipality of Clarington Report PSD -024-17 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 2016-0016; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential Exception (R1-42)" to: • "Holding - Urban Residential Exception (R2-58) Zone"; • "Holding - Urban Residential Exception (R2-66) Zone"; and "Environmental Protection (EP)" as illustrated on the attached Schedule `A' hereto. 2. The Holding (H) on Schedule A of this By-law shall only be lifted by By-law once a subdivision agreement is executed, all future municipal lands have been dedicated, and the future east -west road, being Part 14 of draft 40R -Plan is constructed. 3. Schedule `A' attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this day of , 2017 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 124 This is Schedule "A" to By-law 2017- , passed this day of , 2017 A.D. GEORGE REYNOLDS DR 4 h ��Y"nab W 1 C❑I' V , BROOME AV LU LU J 5 0 Zoning Change From 'R1-42' To '(H)R2-58' Zoning Change From 'R1-42' To '(H)R2-66' N Zoning Change From 'R1-42' To 'EP' Courtice - ZBA 2016-0016 • Schedule 4 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 125 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: April 3, 2017 Report Number: PSD -025-17 Resolution Number: File Number: SBA2017-0001 By-law Number: Report Subject: An Application by Bloomfield Farms to amend Sign By-law 2009-123 to permit an electronic message board sign on an agricultural property located at 3745 Highway 2, Newcastle Recommendations: 1. That Report PSD -025-17 be received; 2. That the Sign By-law Amendment application submitted by Bloomfield Farms be denied; and 3. That all interested parties listed in Report PSD -025-17 and any delegations be advised of Council's decision. 126 Municipality of Clarington Report PSD -025-17 Report Overview Page 2 Bloomfield Farms on Highway 2 east of Newcastle have submitted a Sign By-law Amendment to permit an electronic message board sign as part of a pylon sign. Bloomfield Farms is an agricultural property that includes a permitted on-farm diversified use for hosting events, including weddings. Sign By-law 2009-123 does not permit electronic message board signs on agricultural properties. Staff recommends denying the by-law amendment application to permit an electronic message board sign. 1. Application Details 1.1. Owner: Nancy Mallette 1.2. Applicant: Bloomfield Farms 1.3. Proposal: To amend Sign By-law 2009-123 to permit a 5.97 square meter pylon sign with a 2.60 square meter electronic message board sign on an agricultural property. 1.4. Location: 3745 Highway 2, Newcastle 2. Background 2.1. On March 13, 2017, Bloomfield Farms submitted an application for a sign by-law amendment to permit a a 5.97 square meter pylon sign with a 2.60 square meter electronic message board sign on an agricultural property. The proposed sign meets the display area size and height provisions of the Sign By-law. 2.2 Sign By-law 2009-123 regulates signs on private property across the Municipality. The Sign By-law is a result of an extensive public and stakeholder input process that included visual preference studies and examined specific areas of the Municipality. The general intent of Sign By-law 2009-123 is to provide the parameters necessary for businesses, residents and local organizations to display signs which successfully promote business and community without creating an overwhelming and/or unattractive environment in the process. In 2011 staff consulted with members of seasonal related businesses to understand the issues they were facing related to signage. Seasonal related businesses included uses such as garden centers, farm stands, pick your own, golf courses and event venues, including wedding venues. After consultation staff proposed and Council approved a general amendment to Sign By-law 2009-123 to specifically allow additional signage options on Agricultural properties to address seasonal related businesses, which can include on-farm diversified uses. The amendment allowed seasonal related businesses to have a mobile sign on the property continuously from April 1 to December 31. The amendment also permitted pylon and monolith signs with a sign area of 7.5 square meters and a maximum height of 5 meters. 127 Municipality of Clarington Report PSD -025-17 Page 3 The amendment allowed a maximum of 80% of the sign display area on a monolith or pylon sign to be a non -electronic message board. Electronic message board signs were specifically not permitted on monolith or pylon signs within the amendment. 3. Existing and Proposed Signage The property located at 3745 Highway 2 is east of Newcastle. The property is surrounded on all sides by agricultural uses. There are some rural residential properties east of the property approaching Stephenson Road. Bloomfield Farms currently has a pylon sign and a mobile sign at the entrance to the property (see Figure 1). The exact sign area and height measurements of the existing signs are not known. Figure 1: Existing Bloomfield signs facing Highway 2 looking west The applicant is proposing to replace the existing pylon sign with a new pylon sign that will include an electronic message board sign (see Figure 2). The proposed sign will have a height of 4.27 meters (14 feet) and a total display area of 6 square meters (64.3 square feet). The electronic message board display area will represent 43.6% of the total sign display area. The applicant is proposing to have no flashing or scrolling text and a minimum of 30 seconds between the messages changing. 128 Municipality of Clarington Report PSD -025-17 4257 rnrn total height Total signage area - 5.97 m2 Welded angle steel cage to attached message 1346 mm centra to poles. Ak,�_ 50rnmx50rnmx3mm 457 mm concrete 254 x 254 mm sonotube for ; wooden pales 1830 mm each pole 2235 mm Figure 2: Proposed new pylon sign with electronic message board sign 4. Discussion Page 4 Sign By-law 2009-123 permits pylon signs on Agricultural properties with a maximum sign area of 7.5 square meters (80.7 square feet) and a maximum height of 5 meters (16'4" feet). The sign must include the property address and have a minimum of one meter between grade and the bottom of the sign display area. Seasonal related business pylon signs may also have a maximum of 80% of the sign as a non -electronic message display area. 129 MON backlit identification sign 2743 mm wide by 1525 mm tall - 3.37 m2 1525 mm - �,ir+K Message centre B loom Field Oabinettrame 1345 rn m x 2210 m rn- 3 m2 Sign area 1219 rnm x2134 mm 50 IF 2"6 m2 mm NON scrolling NON flashing 30 second minimum delay 1348 rnrn" per screen lob Welded angle steel cage to attached message 1346 mm centra to poles. Ak,�_ 50rnmx50rnmx3mm 457 mm concrete 254 x 254 mm sonotube for ; wooden pales 1830 mm each pole 2235 mm Figure 2: Proposed new pylon sign with electronic message board sign 4. Discussion Page 4 Sign By-law 2009-123 permits pylon signs on Agricultural properties with a maximum sign area of 7.5 square meters (80.7 square feet) and a maximum height of 5 meters (16'4" feet). The sign must include the property address and have a minimum of one meter between grade and the bottom of the sign display area. Seasonal related business pylon signs may also have a maximum of 80% of the sign as a non -electronic message display area. 129 Municipality of Clarington Report PSD -025-17 Page 5 The signage permissions for seasonal related businesses are very similar to the permissions for commercial signage located in the urban areas. The differences are pylon signs on commercial properties can be higher (a maximum height of 7.5 meters), must have greater clearance from the ground (a minimum of 2.4 meters) and can have an electronic message board sign. The 2011 the Sign By-law amendments for seasonal related businesses allowed pylon and monolith signs with reduced height and did not allow electronic display signs. The amendment was done to provide more options to seasonal related businesses while ensuring the character of the rural area was not negatively impacted. In 2014 the Province of Ontario updated the Provincial Policy Statement which provided increased support for secondary agricultural and on-farm diversified uses. The Province has recently released Guidelines on Permitted Uses in prime agricultural areas. The changes to the provincial policy increased the uses that can be considered as secondary or on-farm diversified uses on agricultural properties. It is anticipated that the Municipality may see an increase in Zoning By-law applications to permit on-farm diversified uses, and more specifically wedding venues. A number of inquiries for pre -consultation meetings have been received. The proposed sign conforms to the size allowed for signage for seasonal related businesses under the Sign By-law. The requested amendment is specific to the electronic message board. The request is for a similar permission as a commercial property (50% of total sign display). The impact on surrounding rural properties must be considered in reviewing applications. In addition, if the electronic message board was allowed for seasonal related businesses, it is anticipated that more applications to amend the Sign By-law to allow similar signs would occur in the future. Given the number of existing on-farm diversified uses and the increase in permissions allowed for on-farm diversified uses by the Provincial Policy Statement the potential proliferation of electronic message board signs in the rural area is a concern and, in staff's view, not appropriate. 5. Concurrence Not Applicable 6. Conclusion Council amended the Sign By-law in 2011 to provide additional signage options for seasonal related businesses in the agricultural area. The addition of an electronic message board sign would allow signage very similar to commercial properties found in urban areas. It is respectfully recommended that the application to amend Sign By-law 2009-123 to permit an electronic message board sign be denied. 130 Municipality of Clarington Report PSD -025-17 7. Strategic Plan Application Page 6 The recommendation to not allow electronic signs in the agricultural area is in keeping with 3.4 and 3.5 of the Strategic Plan. It reinforces our "small town" feel through tourism initiatives and showcasing our agriculture and small town attributes. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Curry Cliff6rd, MPA, CMO, Interim CAO Staff Contact: Brandon Weiler, Planner, 905-623-3379 ext. 2424 or bweiler clarington.net The following is a list of the interested parties to be notified of Council's decision: Nancy Mallette BW/FL/df 131 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 & Development Committee Date of Meeting: April 03, 2017 Report Number: PSD -026-17 Resolution: File Number: S -C-2014-0002 & ZBA2014-0023 By-law Number: Report Subject: Applications by Bowmanville Village Inc. for proposed Draft Plan of Subdivision and Zoning By-law Amendment Recommendations: That Report PSD -026-17 be received; 2. That Staff be directed to take the steps necessary to seek approval from the Ontario Municipal Board for Draft Plan of Subdivision (S -C-2014-0002) and Zoning By-law Amendment (ZBA 2014-0023), generally as set out in Attachments 1 and 2 to Report PSD -026-17, respectively; and 3. That all interested parties listed in Report PSD -026-17 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -026-17 Report Overview Page 2 This report is requesting direction from Council on the matter of appeals received by Wealthpower Land Development Inc. (carrying on business as Bowmanville Village Inc.) on July 26, 2016. The appeals came forward as a result of the Municipality's lack of decision within the prescribed 180 days under the Planning Act. Since then, staff have been working with the applicant and their consulting team, in addition to the new owner of abutting land, in resolving land use planning and servicing matters. This report provides an overview of all background reports and studies, agency and staff comments, and public consultation. The report includes recommended Conditions of Draft Approval and a proposed amendment to the Zoning By-law that can be presented to the Ontario Municipal Board. Subject to the revisions requested, the development is considered consistent with Provincial, Regional and Clarington planning policies and represents good planning. 1. Application Details 1.1 Owner/ Applicant 1.2 Agent 1.3 Proposal: 1.4 Area: 1.5 Location: 1.6 Roll Number: Bowmanville Village Inc. D.G. Biddle & Associates Ltd. Proposed Draft Plan of Subdivision To allow the development of a draft plan of subdivision for 95 single detached dwelling units Rezoning To rezone the lands from the existing Agricultural (A) zone to appropriate zones that permit the proposed uses. 10.67 hectares Part of Lot 17, Concession 1, Former Township of Darlington (West of McPhail Avenue and south of Woolacott Lane). (See Figure 1) 1817 010 020 18520 1.7 Within Built Boundary: No Municipality of Clarington Report PSD -026-17 2. Background Page 3 2.1 On July 21, 2014 D.G. Biddle & Associates Ltd. submitted applications for a proposed draft plan of subdivision and rezoning, along with the necessary plans and supporting studies, on behalf of Bowmanville Village Inc. 2.2 The subject lands are located in the Darlington Green neighbourhood along the western edge of the Bowmanville urban area. The lands are located just south and west of an existing plan of subdivision where construction is nearing completion. 2.3 The following plans and studies received in support of the application are reviewed under Section 7 of this report: • Planning Justification Report • Environmental Impact Study • Phase 1 Environmental Site Assessment • Traffic Impact Study • Noise Impact Study • Functional Servicing/Storm Water Management Report • Archaeological Assessment Reports • Tree Preservation Plan • Energy Conservation and Sustainability Brief • On -street Parking Plan 2.4 During the review of the applications, Staff raised significant concerns related to stormwater servicing, grading implications and protection of natural heritage features. The site presents many challenges due to existing service connections in McPhail Avenue and Woolacott Lanes, significant grade differences between the adjacent lots and subject lands, and coordinating this development with adjacent lands at 2356 Baseline Road. 2.5 On July 26, 2016, the landowner submitted appeals based on the Municipality's lack of decision on the proposed draft plan of subdivision and rezoning. A pre -hearing was held on October 19, 2016. Neighbouring residents attended the pre -hearing conference identifying concerns primarily related to the housing mix. 2.6 Following the pre -hearing conference, Staff, CLOCA, the applicant and their consulting team have been working towards amenable solutions regarding servicing, grading and the development limit. Recent discussions have included the owner of the neighbouring property, 2346 Baseline Road. These lands are intended to provide a service connection for a storm sewer to Green Road. Municipality of Clarington Report PSD -026-17 Page 4 04- l;`r( _'�_��_� = � FXOTIk ROUGIA-/ `1 - -__�-:..�.- -- - - s E HAWMORNE BE r \,r r RELOCAiEB"- J + r I f N ,.. �1u1 cu i1 01i��/� I++ -tii, rl �h•f s' �j�II � U�� �p -� 18 / li�• 1.. w- % 1, +1'�� _`;�;•lill`�;1'}iii'•",,�-��?ao/� `---��/���i%� � � �1�1,.�111111�,� Figure 1 — Proposed Draft Plan of Subdivision 99 KING STREET EAST • OSHAWA.ON SINGLE DETACHED (1D.ODm) 20-27 a2A 13.E FIELD LOCATE OF ERISTIN6 113026 SINGLE DETACHED (11.30m) 1-19, 28-30, 34-49, 68-71 ice;, � _ • i�,� l;`r( _'�_��_� = � FXOTIk ROUGIA-/ `1 - -__�-:..�.- -- - - s E HAWMORNE BE r \,r r RELOCAiEB"- J + r I f N ,.. �1u1 cu i1 01i��/� I++ -tii, rl �h•f s' �j�II � U�� �p -� 18 / li�• 1.. w- % 1, +1'�� _`;�;•lill`�;1'}iii'•",,�-��?ao/� `---��/���i%� � � �1�1,.�111111�,� Figure 1 — Proposed Draft Plan of Subdivision REVISION PROPOSED DRAFT PLAN OF SUBDIVISION PART OF LOT 17 CONCESSION I MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM consulting engineers ane planners 99 KING STREET EAST • OSHAWA.ON SINGLE DETACHED (1D.ODm) 20-27 a a 0.30 FIELD LOCATE OF ERISTIN6 113026 SINGLE DETACHED (11.30m) 1-19, 28-30, 34-49, 68-71 42 42 0.91 J / TRBE,RgP11NE 4 �y DESIGN BY:G.J.G. SINGLE DETACHED (I 2.00m) 31-33, 50-67, 72-95 43 45 1.89 -� PLOT DATE: 28/03/3017 95 3.10 7 TOTAL NON RESIDENTIAL PARK BLK 96 PARK BLK 97 1 1 O D.19 0 0.12 34/ �j � �' � ,.at VALLEY LAND BILK 98 ROAD WIDENING BLK 99 1 1 0 5.20 0 0.05 ROADS 1.37 .77Y 716 _ - � ADDITIONAL INFORMATION REQUIRED UNDER aT g A a2 a3 R R a•, E SOUTH -RESIDENTIAL WEST -AGRICULTURAL NORTH - RESIDENTIAL EAST - RESIDENTIAL AND VACANT REVISION PROPOSED DRAFT PLAN OF SUBDIVISION PART OF LOT 17 CONCESSION I MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM consulting engineers ane planners 99 KING STREET EAST • OSHAWA.ON SINGLE DETACHED (1D.ODm) 20-27 a a 0.30 FIELD LOCATE OF ERISTIN6 113026 SINGLE DETACHED (11.30m) 1-19, 28-30, 34-49, 68-71 42 42 0.91 J / TRBE,RgP11NE 4 �y DESIGN BY:G.J.G. SINGLE DETACHED (I 2.00m) 31-33, 50-67, 72-95 43 45 1.89 -� PLOT DATE: 28/03/3017 95 3.10 7 TOTAL NON RESIDENTIAL PARK BLK 96 PARK BLK 97 1 1 O D.19 0 0.12 34/ �j � �' � ,.at VALLEY LAND BILK 98 ROAD WIDENING BLK 99 1 1 0 5.20 0 0.05 ROADS 1.37 TOTALS 99 95 16.0: ADDITIONAL INFORMATION REQUIRED UNDER SECTION 51 OF THE PLANNING ACT 7 1`1 E SOUTH -RESIDENTIAL WEST -AGRICULTURAL NORTH - RESIDENTIAL EAST - RESIDENTIAL AND VACANT � - /� •II �? H - PIPEC MUNICIPAL WATER .-'S1 o yes" * 40 Y ❑ 27 I -SANDY LOAM K - ALL MUNICIPAL SERVICES AVAILABLE OWNER'S AUTHORIZATION SURVEYOR'S CERTIFICATE �q /wE BOWMANNLLE VILLAGE INC. I HEREBY CERTIFY THAT THE BCUNDAR' ✓. _ a L Zai vee S �::; ' �, - J ❑ i, �� 4•' BEING THE REGISTERED OWNER OF THE SUBJECT LANDS HERESY AUOIDRIZE OF THE LANDS TO RE SHROMDED AS SHOWN ON THIS PLAN AND THEIR -_ ❑124 ;`; i;;,'� k D.G.BIDDLE AND ASSOC. LTD. RElATI0N5NIP TO PDJPLENT LANDS ARE AGCURA-ELY AND CORRECTLY snawN 9'q ' �/ : 1 `L' TO PREPARE AND SUBMIT A DRAFT PLAN J ;I+. OF SUBDMSION FOR APPROVAL IVAN B. WALLACE •.' ONTARIO LAND SURVEYOR LTD }, SIGNED SIGNED LJ'21 - DATE ]ATE I} REVISION PROPOSED DRAFT PLAN OF SUBDIVISION PART OF LOT 17 CONCESSION I MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM consulting engineers ane planners 99 KING STREET EAST • OSHAWA.ON L1H TETE PHONE (905)578-8500 FAX (905)579-9790 SCALE: 1:1= 113026 DRAWN BY: B.E.G. DESIGN BY:G.J.G. DP -1 CHECKED BY: G.J,G, PLOT DATE: 28/03/3017 Municipality of Clarington Report PSD -026-17 Page 5 3. Land Characteristics and Surrounding Uses 3.1 The lands are vegetated but vacant of structures. There is an existing grade difference of just over 7 metres between the lowest point at the rear of existing lots along Remmington Street, and the highest point on the subject lands. The site significantly slopes again to the south and west towards the valley. (See Figure 2) Figure 2 — Aerial Photograph of the Subject Lands E S -C-20414 0002fo I� a&.JL�i�i�6i�� WJ� awz' 41=' [71111111® W. a KUM ED51%40it HAIL AVE3VUE E --�-� - - BOTTRE LS� o McP' �". 2346 Baseline Road NIT SA DODdS WOOLNEF - � BASELINE ROAD 41 !'. J i ,4 r. S -C-2014-0002 3.2 The Darlington Creek and associated natural features are part of a Natural Heritage System on the site. Municipality of Clarington Report PSD -026-17 3.3 The surrounding uses are shown in Figure 2 and outlined as follows: Page 6 North: Single detached residential units with a registered Plan of Subdivision along Woolacott and Buxton Lanes and McBride Avenue. South: Single detached dwelling along Baseline Road, and lands in agricultural production south of Baseline Road with single detached dwellings and environmental features present. East: Single detached residential units with a registered Plan of Subdivision along Buttonshaw Street, McPhail Avenue, Kimble Avenue and Remmington Street, and a block of vacant land in separate ownership. West: Agricultural lands and environmental features, including woodlands and a watercourse in a valley system. 4. Provincial Policy 4.1 Provincial Policy Statement The PPS 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. Natural features, surface water features and groundwater features shall be protected. Compact and diverse developments promote active modes of transportation such as walking and cycling. Publicly accessible built and natural settings for recreation, such as parklands and open space areas, encourage healthy and active communities. The applications, subject to revisions, are consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan The lands are located in a Greenfield Area outside of the Built Boundary. The Growth Plan establishes the target of 50 jobs and residents combined per net hectare in the Greenfield Area. This target is measured across the Region of Durham. The Growth Plan encourages the creation of complete communities that are compact and transit - supportive, offering a diverse mix of land uses, a range and mix of employment and housing types, high quality public open space and easy access to local stores and services. The Growth Plan supports the identification and protection of natural heritage features and areas that complement, link, or enhance natural systems. The proposed development will result in approximately 59 residents per hectare. Based on the proposed revisions, the subject applications conform to the Growth Plan and will contribute towards the Region wide targets for the Greenfield area. Municipality of Clarington Report PSD -026-17 5. Official Plans 5.1 Durham Regional Official Plan Page 7 The Durham Regional Official Plan designates the subject lands Living Area, and Major Open Space. Key Natural Hydrologic and Heritage Features and High Aquifer Vulnerable areas exist in the area. Lands within the Living Area designation shall be used predominantly for housing purposes incorporating the widest possible variety of housing types, sizes, and tenure. Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads. Key natural heritage and hydrologic features are to be protected. Greenfield Areas in the Lake Ontario Shoreline municipalities shall develop at a minimum gross density of 50 persons and jobs combined per hectare. Major Open Space should be protected including the natural heritage features contained within. Development applications in Major Open Spaces must provide supporting studies to meet the objectives of the Durham Regional Official Plan. Based on the proposed revisions, the subject applications conform to the Durham Regional Official Plan. 5.2 Clarington Official Plan The southwest portion of the subject land is designated Environmental Protection with the remainder of the lands being designated Urban Residential. The Urban Residential lands are predominately intended for housing purposes. Uses in the Environmental Protection Area designation are limited to low -intensity recreation and protection of natural features such as forest, wildlife and providing for management or erosion control and stormwater management. The Official Plan requires that a setback be determined from the natural features in consultation with the conservation authority. The proposed subdivision is in the Darlington Green neighbourhood which has a housing target of 675 low, 375 medium, and 125 high-density housing units, in addition to 125 intensification units, for a total of 1,300 units. An Environmental Impact Study is required to assess any development proposals within 120 metres of a natural heritage feature and to define the development limits, including buffers. The policies require a minimum 5 metre setback to any natural feature. Green Road is a designated Type B Arterial Road, however the internal streets of the proposed draft plan of subdivision are local roads. Subject to the proposed revisions, the subject applications conform to the Clarington Official Plan. Municipality of Clarington Report PSD -026-17 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, as amended, 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 "Internal to the Neighbourhood". Single -detached, semi-detached and limited townhouse units are permit (up to 3 storeys) with a minimum net density of 13 units per hectare. The new environmental policies require a 15 metre minimum setback to woodlands, watercourses and valleylands. The policies also provide some flexibility to these setbacks under certain urban development scenarios. Based on the proposed revisions to the proposal, the subject applications conform to the new Clarington Official Plan as amended by Amendment 107. 6. Zoning By-law The subject lands are currently zoned Agricultural (A) under Zoning By-law 84-63. The submitted application to amend the Zoning By-law is necessary to implement the proposed draft plan of subdivision. 7. Summary of Background Studies 7.1 Planning Justification Report This report provided planning rationale for the application and finds that the development is consistent with the Provincial Policy Statement and current Regional and Clarington planning policy and represents good planning. Minor revisions to the 2014 report were completed and resubmitted in 2015. 7.2 Environmental Impact Study The EIS built upon study that was completed in 2007, updated field work and brought the study of the site up to current EIS standards. The EIS involved updated field work and identified several vegetative communities, and identified those that are significant. The consultant reviewed the site for species of conservation concern, and identified a patch of "Provincially Rare" Rough Hawthorn that would impact the proposed development limit. The report recommends a development limit that will impact the natural heritage features given grading and clearing. To mitigate impacts, the report recommends a compensation and restoration planting plan. Municipality of Clarington Report PSD -026-17 Page 9 The EIS provides several recommendations that will be included in the conditions of draft approval. A homeowner's guide is recommended to educate new homeowners about the nearby environmentally sensitive areas. Construction of the subdivision will require special measures to limit impacts to these areas as well. 7.3 Traffic Impact Study The study assessed the anticipated impacts of future and site -generated traffic for the proposed development. The study shows that the traffic generated by the proposed development will have no perceptible level of impact on the existing road network and no mitigation measures are required as a result of the proposed development. 7.4 Functional Servicing and Stormwater Management Report The FSR/SWM report provided analysis of existing watermain and sanitary sewer connections along Woolacott Lane and McPhail Avenue. The plan can be serviced by connecting to existing water and sanitary services. The lands are within a drainage area of the West Side Creek Stormwater Management Pond. Since the existing storm sewer in McPhail does not have capacity to accommodate stormwater for this site, preliminary servicing plans proposed a twinned storm sewer in McPhail Avenue to take stormwater to existing storm sewer in Green Road and eventually to the storm water management pond. 7.5 Noise Impact Study The noise study assessed impacts of rail and road noise for the development. Noise impacts from Baseline Road will not require mitigation or warning clauses given the distance and vegetation between the development and Baseline Road. There are a limited number of lots at the north end of the development that will require warning clauses and ducting to accommodate air conditioning given their proximity to the CP Railway. 7.6 Archaeological Assessment The site underwent a Stage 1, 2 and 3 Archaeological Assessment. The Stage 3 assessment concluded that the site would not benefit from further study and excavation and should be cleared for development. 7.7 Phase 1 Environmental Site Assessment The assessment did not identify any areas of potential concern from a soils contamination perspective. No further study is required. Municipality of Clarington Report PSD -026-17 7.8 Tree Preservation Plan Page 10 The applicant's Environmental Consultant provided a preliminary opinion on Tree Preservation within the development area. Give the amount of grading required on most of the development area, tree preservation is unlikely. There may be opportunities to preserve trees at the edge of the development and would be determined once grading is finalized. A detailed Tree Preservation Plan will be required as part of the final approval process. 7.9 Energy Conservation and Sustainability Brief This report provided preliminary plan for how the subdivision will achieve principles of energy conservation and environmental sustainability. The future home builder will be required to demonstrate compliance at the detailed design and construction phase. 7.10 On -street Parking Plan The on -street parking plan demonstrated suitable visitor parking in accordance with the Municipal standard of 1 on -street space for every 4 single detached dwellings. 8. Public Notice and Submissions 8.1 The Public Meeting for these applications was held September 22, 2014. Public Notice was given by mail to each landowner within 120 metres of the subject site and public meetings were posted at three locations, being along Baseline Road and at the terminus of both Woolacott Lane and McPhail Avenue. 8.2 Several neighbouring residents contacted staff regarding this file requesting additional information. The residents who contacted staff are generally not in favour of the development and would prefer the lands to remain as is. While it appears to be understood the lands are privately owned, some residents are using the lands as public open space. 8.3 Six local residents spoke at the Public Meeting. Staff received seventeen written submissions and a petition signed by 30 households. The issues are summarized as follows: • Protect the lands, and retain as is, with public access • Adding more people will result in more traffic impacts • Environmental impacts • Replace townhouse units behind Buxton Lane with single detached units • Construction of Park • Grading and house design abutting existing lots • Impacts to property values • Privacy Municipality of Clarington Report PSD -026-17 9. Agency Comments 9.1 Regional Municipality of Durham Page 11 Regional Planning finds that the proposal generally conforms to PPS and Growth Plan. While increased densities could be supported, Regional Planning has no objection to the proposed development and has provided conditions of draft approval. The Region's comments did not identify any concerns relating to water or sanitary servicing, transportation or transit. 9.2 Central Lake Ontario Conservation Authority The Conservation Authority has reviewed the proposed draft plan of subdivision including the latest submission received March 28, 2017 as well as all of the technical environmental reports and has provided conditions of approval. The Conservation Authority is generally satisfied with the proposed development limit, as supported by the Environmental Impact Study, subject to refinements. A relocation and monitoring plan for the transplant of a provincially rare Rough Hawthorn will be required. CLOCA is satisfied with the latest Functional Servicing and Grading Plans and will review the detailed engineering submission at the final approval stage. CLOCA is generally satisfied with the preliminary design direction for 2346 Baseline Road. CLOCA supports appropriate setbacks to the large maple trees generally located in the northwest corner of the development and requires appropriate revisions to the proposal to ensure protection of the specimen trees and adjacent sugar maple community. 9.3 Kawartha Pine Ridge District School Board Students generated by the subdivision will attend Dr. Ross Tilley Public School and Clarington Central Secondary School. Public sidewalks should be required for all proposed streets to facilitate pedestrian access. 9.4 Canada Post Canada Post has provided their standard conditions of approval and will be consulted during the detailed design stage of the development. 9.5 Other Agencies Bell, Enbridge Gas, and Rogers have no objections. 10. Departmental Comments 10.1 Engineering Services Engineering Services is satisfied that the development can proceed subject to conditions of approval relating to: Municipality of Clarington Report PSD -026-17 Coordination with adjacent lands Page 12 The original plan to twin the storm sewer along McPhail Avenue is not supported. Engineering Staff are satisfied that an amenable solution can be coordinated between the owners of the subject lands and 2346 Baseline Road. Servicing, Grading and Drainage Staff are satisfied with the preliminary servicing, grading and drainage scheme. A new public street through 2346 Baseline Road will provide an appropriate storm sewer servicing corridor. The development will make use of existing water and sanitary sewer connections. Through the detailed design, staff will continue to review grading to ensure it is completed in a satisfactory manner given a significant amount of slope on lands to be dedicated to the Municipality of Clarington. Dust mitigation will also need to be addressed. Reimbursement for oversized or external works Prior to development, the landowner will be required to compensate a developer for external storm sewers and downstream storm water management pond. The terms and conditions are reflected in a subdivision agreement entered into with the benefitting owner. Park Block The draft plan of subdivision includes the dedication of 2 park blocks which will form part of the parkland contribution for the development. The balance of the required 5% dedication will be required as a cash -in -lieu payment. The developer will be required to provide plans for the park block and will be required to construct the blocks to the satisfaction of Engineering Services. Trail The Owner will be required to prepare a plan identifying how a naturalized trail can be developed in the 6 m buffer between rear lot lines and the proposed grading to connect through the Open Space system. The applicant will be responsible for constructing the platform for the trail. Traffic The applicant has submitted a traffic study for the proposed development which has been reviewed and which is acceptable to the Engineering Service Department. Parking A parking plan for this development has been submitted which is acceptable to the Director of Engineering Services. Municipality of Clarington Report PSD -026-17 Other Page 13 Standard conditions of approval will be required regarding phasing, site alteration, road widenings, and entering into a subdivision agreement. 10.2 Other Departments The Building Division, Clarington Operations, and Clarington Emergency and Fire Services have no objections to the applications. 11. Discussion 11.1 At this time Clarington Staff are satisfied that, subject to recommended revisions to the Draft Plan submitted (Figure 1), the outstanding issues relating to the development have been addressed and can be implemented through the appropriate conditions of approval, zoning by-law and the required subdivision agreement. 11.2 The major issues addressed during the review of these applications are as follows: 11.2.1 Co-ordination with adjacent lands The most significant challenge during the review of this application was determining the appropriate stormwater servicing plan. Initially the applicant proposed to service the lands in isolation of other lands at 2346 Baseline Road. The applicant proposed twinning storm sewers along McPhail Avenue. The twinning of storm sewers was not supported by Clarington Engineering because it would result in additional cost to maintain, and would be an inefficient use of infrastructure. Based on recent discussions, Staff prefer that storm sewer servicing occur via a new public street through 2346 Baseline Road, and eventually connecting to Green Road, south of McPhail Avenue. This new street will also better disperse traffic through the neighbourhood. Ongoing discussions are taking place with the adjacent landowner and a special condition of approval addresses the coordination of this storm sewer. 11.2.2 Defining the Development Limit The applicant's Environmental Consultant, the Conservation Authority and Clarington Staff spent a considerable amount of timing reviewing environmental impacts related to the development since the first submission. On March 28, 2017, the applicant's consultant submitted a revised plan in response to issues identified at the prehearing conference October 19, 2016 and a site walk on March 21, 2017. The revised plan: • Reduces development impacts to the west side of the property and drumlin by shifting development and associated grading to the east; • Identifies an area for the relocation of the Provincially Rare Rough Hawthorn to help it survive through the development stage. The relocation will be monitored by the environmental consultant for 5 years following the first growing season; Municipality of Clarington Report PSD -026-17 Page 14 Require a compensation and restoration plan to re-establish vegetation on the lands to be impacted by grading, forming a rehabilitated natural heritage system; • Provide an additional parkland dedication in the south west quadrant of the plan (Block 97) creating a connection to the Open Space lands to the south and west to be dedicated to the Municipality as a condition of draft approval which will be planted and form connection to the open space; and • Identifies the drip -line of large specimen maple trees in the northwest corner, as identified during the March 21, 2017 site walk. However, the plan proposes three lots and required grading within the drip -line of the four maples (Figure 3). Figure 3 — Defining Development Limit in Northwest Corner of Draft Plan Staff and CLOCA do not find this acceptable. The drip -line leaves a total lot depth of 22 metres to the street line extension of Woolacott Lane. Based on the caliper of the trees CLOCA staff determined that a minimum 6 metre buffer should be provided to the drip - line of the two most northern trees. This would reduce the lot depth of Lots 31 & 32 as shown on Figure 3, to approximately 16 metres. Once typical front and rear yard setbacks have been accounted for the building envelope would not be deep enough to accommodate a garage. As a condition of approval staff require Lots 31 and 32 to be identified as an Open Space block. The southern two maple trees have a more confined Municipality of Clarington Report PSD -026-17 Page 15 drip -line and smaller calipers. There may be opportunity to maintain a modified version of Lot 33, provided the lot line(s) and all grading remains outside the drip -line and required buffer. 11.2.3 Addressing public concerns The proposed development conforms to the applicable planning policies. The lands are designated for some residential development, while other lands will be protected. The revised draft plan of subdivision will address the public comments as follows: • Creation of connections to the Open Space system so that existing and future residents will have access to the valley. The owner will also be required to construct a naturalized local trail system. Providing a formalized trail will reduce the number of people that will walk anywhere, thereby providing better protection to natural heritage features associated with the development. • Environmental Impacts will be mitigated in accordance with the Environmental Impact Study as approved by CLOCA and the Municipality of Clarington. • The traffic study did not identify any traffic impacts to be mitigated, and the existing road network is designed to accommodate the traffic generated. A future new local street through 2346 Baseline Road will further assist to distribute traffic efficiently to Green Road. • The townhouse units have been removed from the proposed Draft Plan of Subdivision in favour of 10 metre single detached units. • The park construction is nearing completion on adjacent lands to the east. Block 96 will be melded with the existing park block and the owner will be required to complete park construction on Block 96. • The consulting engineer has provided cross-sections demonstrating grading between lots adjacent to the lots fronting Buttonshaw Street. There is a difference in grades, and the proposed units will be walkouts, however this is a common occurrence throughout the municipality. Figure 4 illustrates an engineered cross section showing the worst case scenario from a grading perspective (just west of Buttonshaw Street, at Remmington Street) while Figure 5 is an example of an existing condition for lots along Dodd Square and Millburn Drive, taken from Baseline Road. Municipality of Clarington Report PSD -026-17 Page 16 Figure 4 — Cross -Section LJMIT OF R rL SUBB M SION STREET '9 LOT 1y11. 90L41%lm DI,TTI;VyHkW 5TREEf 12106 LOT V 120.00 _ 114.06 118A0 11740 11 &O6 --- •, - .....� 5.00 osEO G 114,00 — ----_____ 11394 112.00 171.00 REAR LOT CEI 19 INV. 114.+4 CROSS SECTION B -B NOW 1ON Figure 5 — Existing Three -Storey Walkout Condition adjacent to Two -Storey Dwelling 11.3 Draft Conditions of Approval to implement the development are included as Attachment 1. The conditions of approval would lapse three years following the date of draft approval. 11.4 A Zoning By-law Amendment is included as Attachment 2. The Zoning By-law amendment would change the zoning from Agricultural to Urban Residential zones that permit the 10.0, 11.3 and 12.0 metre single detached lots, subject to a holding provision. The urban residential zones reflect current zoning standards used in newer subdivisions. The Holding provision will be utilized to ensure adequate access and services are in place prior to development and will be lifted by Council when the appropriate conditions are met. All open space would be placed in the Environmental Protection Zone, while parkland will be recognized in a separate zone. Municipality of Clarington Report PSD -026-17 11.5 All taxes owing to the Municipality of Clarington have been paid in full. 12. Concurrence Page 17 This report has been reviewed by the Municipal Solicitor and the Director of Engineering Services who concur with the recommendations. 13. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that Staff be directed to take all steps necessary to seek approval from the Ontario Municipal Board for Draft Plan of Subdivision (S -C-2014-0002) and Zoning By-law Amendment (ZBA 2014-0023), generally as set out in Attachments 1 and 2, respectively. 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. 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 List of interested parties to be notified of Council's decision is on file in the Planning Services Department. ATS/CP/av lA^Department\LDO NEW FILING SYSTEMWpplication Files\SC Subdivision\S-C 2014\S -C-2014-0002 - Bowmanville Village Inc. (Witzke)\Staff Reports\PSD-026-17\PSD-026-17.docr Municipality of Clarington Clarington CONDITIONS OF DRAFT APPROVAL File Number: S -C-2014-0002 Issued for Review:—March 29, 2017 Notice of Decision: Draft Approved: Part 1 - PLAN IDENTIFICATION Attachment 1 to Report PSD -026-17 David J. Crome, MCIP, RPP Director of Planning Services Municipality of Clarington The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S -C-2014-0002 prepared by D.G. Biddle & Associates Limited identified as job number , dated , 20 _, as revised in red [and dated ],which illustrates The redline revisions are: Place Lots 31 and 32 in a block to be dedicated as Open Space. 2. Add a continuous 6 m buffer to the rear of Lot 33 to Lot 36 inclusive. 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 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 2.5 (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 prior to any residential units be offer for sale to the public. (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. (4) The Owner shall prepare and submit a Homeowner's Guide to the satisfaction of the Central Lake Ontario Conservation Authority and the Director of Planning Services. Once approved the Homeowner's Guide shall be provided to each homeowner at the time of closing. The Homeowner's Guide shall include information relating to the protection of natural heritage features and natural hazard lands in the neighbourhood and provide advice on good land stewardship principles. The guide shall also include any recommendations from the Environmental Impact Study and revisions thereto. 21 Page 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, road damage and dust control, including the preparation of a Dust Management Plan in accordance with 4.11. 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 following road allowances shown on the draft plan shall be dedicated to the Municipality upon registration of the final plan: (a) Street A (b) Street B 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 Widening • A road widening as shown as Block 96 on the draft plan. (b) Sight Triangles • A 5 metre x 5 metre sight triangle at the intersections and corners of all local streets as shown on the draft plan. (c) Parkland Dedications • Park or other public recreational area shown as Blocks 97 and 94 on the draft plan. (d) Open Space Lands as shown in Block 95, and Lots 31 and 32 on the draft plan. Part 4 —PLANS AND REPORTS REQUIRED PRIOR TO SUBDIVISION AGREEMENT/FINAL PLAN REGISTRATION The Owner shall submit the following plans and report or revisions thereof: 31 Page 4.1 Phasing Plan The Owner shall submit plans showing the proposed phasing to the Municipality and the Region for review and approval if this subdivision is to be developed by more than one registration. The Phasing Plan must show how the roads and associated infrastructure within each phase are intended to connect to subsequent phases of development, including the provision of temporary or transitional works such as temporary turning circles, external easements for temporary turning circles, and associated frozen lots. The Municipality shall require the preparation of a subdivision agreement for each phase of development. 4.2 Functional Servicing The Owner shall submit a Functional Servicing Report, supported by appropriate studies and plans, satisfactory to the Director of Engineering Services and the Central Lake Ontario Conservation Authority. Such report shall assess and verify all aspects of the proposed development to ensure conformity with the Municipality's Engineering Design Guidelines and good engineering principles including: (1) Major and minor stormwater design including verifying existing sewers will accommodate the proposed flows and overland flow routes will be suitable; (2) Stormwater quantity and quality provisions, including verification of all capacities at the downstream Stormwater Management Pond; (3) Preliminary lot grading verifying maximum and minimum grades can be achieved with the proposed road configuration to avoid sloping between properties and cross sections demonstrating how the proposed lots will be accommodated with abutting lands; (4) Provision for interim functional servicing requirements for any potential Phasing of the development; and (5) All other aspects ensuring the proposed street layout and Works can be accommodated by existing infrastructure and abutting private lands while meeting all Municipal criteria. 4.3 Landscaping Plan The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan, as part of the engineering submission, to the satisfaction of the Director of Engineering Services, the Director of Planning Services and the Central Lake Ontario Conservation Authority for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 4.4 Plant Transplant Plan The Owner shall submit and obtain approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington for a Transplant Plan for the Provincially Rare shrub species Rough Hawthorn (C. scabrida var. asperifolia) 41 Page and identify the required measures to be taken to maximize the success of the transplant. 4.5 Compensation and Restoration Plan The owner shall submit to and obtain approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington for a Compensation and Restoration Plan for the encroachment into the natural heritage system. An Edge Management component is to be included, in accordance with the recommendation of the Environmental Impact Study completed by Aquafor Beech dated July 20 2016. 4.6 Monitoring Plan for Plant Transplant, Compensation and Restoration Areas The Owner agrees to submit for review and approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington for a Monitoring Plan for the proposed compensation areas as well as the relocation of the Rough Hawthorn, which will assess the works undertaken in regards to productivity and success of the feature and the species. 4.7 Tree Preservation Plan The Owner agrees to submit for review and approval a Tree Preservation Plan in accordance with the memo from Aquafor Beech dated July 18, 2014 subject to the approval of the Central Lake Ontario and the Municipality of Clarington, and based on the latest draft plan of subdivision undated and received March 28, 2017. 4.8 Noise Report The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Region of Durham Planning and Economic Development Department, for review and approval, an updated noise report, based on the preliminary noise report entitled Noise Impact Study prepared by D.G. Biddle & Associate Ltd., dated July 2014, Project No. 113026. 4.9 Environmental Sustainability Plan The Owner shall submit an update of the Environmental Sustainability Plan based on the preliminary Environmental Sustainability Plan entitled Energy Conservation and Sustainability Plan prepared for Bowmanville Village Inc. dated June 2014 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. 51 Page 4.10 Soils Management Plan 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 4.11 Dust Management Plan Prior to Authorization to Commence Works, the Owner is required to prepare a Dust Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide a practical guide for controlling airborne dust which could impact neighbouring properties. The plan must: (1) identify the likely sources of dust emissions; (2) identify conditions or activities which may result in dust emissions; (3) include preventative and control measures which will be implemented to minimize the likelihood of high dust emissions; (4) include a schedule for implementing the plan, including training of on-site personnel; (5) include inspection procedures and monitoring initiatives to ensure effective implementation of preventative and control measures; and (6) include a list of all comments received from the Municipality, if any, and a description of how each comment was addressed. Part 5 —SPECIAL TERMS AND CONDITIONS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT 5.1 Environmental Impact Study The Owner agrees to carry out the requirements and recommendations of the Environmental Impact Study and any addenda as prepared by Aquafor Beech (last revised July 20, 2016) including the following recommendations and mitigation techniques: (1) Prior to site preparation, the Owner's Environmental consultant shall provide confirmation to the Municipality of Clarington that silt fencing has been installed around the limit of development to prevent runoff and encroachment into the natural features on the site. All construction and development related activities should be confined to the established limit of 61 Page development. Silt fencing should be regularly inspected and maintained in good working order throughout the construction period. (2) No stockpiles, brush, stumps or other construction materials or vehicles are permitted outside the developable limit. (3) The owner agrees to complete the Compensation and Restoration Plantings as approved by Central Lake Ontario Conservation Authority and the Municipality of Clarington prior to final grading of the subdivision. (4) The owner agrees to complete a Homeowner's Guide education in accordance with 2.5 (4). (5) All lighting shall be designed to minimize the amount of direct light shining into the natural wooded areas. Full cut-off and motion sensitive lights and full -cut off lighting are recommended. Lighting shall be a topic in the Homeowner's Guide required by Condition 2.5 (4). (6) Vegetation removals must take place outside the breeding season for birds which is generally mid-April to the end of July. (7) Only clean fill shall be used in keeping with the Site Alteration Permit/Soil Management Plan. (8) Standard mitigation measures shall be followed regarding the use of fuels and chemicals during the construction process to reduce the risk of groundwater or surface water contamination from accidental spills. 5.2 Transplant and Monitoring Plan Prior to authorization to commence works within the proposed plan of subdivision, the owner shall provide confirmation to the Central Lake Ontario Conservation Authority and Municipality of Clarington that the Provincially Rare shrub species Rough Hawthorn grouping has been relocated in accordance with the requirements of the approved Transplant Plan prepared by Aquafor Beech. 5.3 Co-ordination with External lands The Owner shall provide for the extension of storm sewer 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 storm sewer facilities within the limits of the plan which are required to service other developments external to this subdivision. The Owner will design and construct the extension of storm sewer facilities from the Subdivision Lands to Green Road in accordance with standards and requirements of the Municipality of Clarington and the standard conditions in Part 2 of the Subdivision Agreement. In respect of the route over which that storm sewer connection will run, within 6 months of the draft approval of the Plan of Subdivision, the Municipality will confirm to the Owner that it has secured an easement over, or ownership of, a portion of the lands municipally known as 2346 Baseline Road which will allow the Owner to go on such lands and install the storm sewer along that route. If the Municipality does not provide this confirmation to the Owner within 6 months of the draft approval of the Plan of 71 Page Subdivision, the Owner shall be permitted to design and install a second storm sewer under McPhail Avenue to service this plan. All arrangements, financial and otherwise, including any arrangements for cost sharing and oversizing for said extensions are to be made to the satisfaction of the Municipality of Clarington, and are to be completed prior to final approval of this plan. 5.4 Endeavour to Collect The owner acknowledges that certain works, services and facilities which directly benefit the Lands were constructed, paid for or otherwise provided by certain earlier developing landowners. These terms and conditions are included in a Subdivision Agreement between the Municipality of Clarington and Green -Martin Holdings Ltd., Aspen Springs West Ltd., and West Diamond Properties Inc. dated December 16, 2013. Costs will be based on an update to the following document: Cost Sharing Report and Backup Documentation Darlington Green Subdivision Plan of Subdivision 18T-90051 Stormwater Management Pond, Storm Trunk Sewers, and Abutting McPhail Avenue Roads and Services Municipality of Clarington Prepared by D.G. Biddle and Associates Ltd. (Final Revision May 6, 2010) The Owner further acknowledges that the Municipality undertook to use its best efforts to recover a proportionate share of the cost of such works, services and facilities from future benefitting owners and to reimburse the front -ending owners accordingly. An Authorization to Commence shall not be issued for any Works unless the Owner has paid to the Municipality its proportionate share of such works, services and facilities, which amount the Municipality shall hold in trust for and on behalf of the front -ending owners. 5.5 Parkland (1) The Owner shall convey Blocks 97 and 94 to the Municipality for park or other public recreational purposes in accordance with section 51.1 of the Planning Act, R.S.O. 1990, c.P.13. (2) The Owner agrees pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes under section 51.1 of the Planning Act, R.S.O. 1990, c.P.13. The Owner acknowledges that this amount, represents 5% of the lands included in the draft plan, less the area of Blocks 97 and 94, and shall be based on the value of the Lands as of the day before the approval of draft Plan of Subdivision S -C-2014-0002. (3) For the undeveloped portion of Buttonshaw Parkette identified as Block 94, the owner shall prepare a detailed grading plan to illustrate how it will be blended into the existing park. The owner shall construct, and ensure the Engineering Drawings incorporate the final grades for the park including 200mm minimum topsoil and sod, fencing and any storm water sewer servicing within the park. The owner shall construct a 2.4m wide asphalt walkway connecting the sidewalk on Street A to the existing park walkway. (4) The owner shall prepare a detailed grading plan for Block 97. The owner shall construct, and ensure the Engineering Drawings incorporate the final grades for the park including 200mm minimum topsoil and sod and fencing. (5) For purposes of the Subdivision Agreement, all works under the section 5.8(3) are considered a separate Works Component with a minimum maintenance period of 2 years. (6) The park works described in 5.5 (3) and 5.5 (4) shall be completed prior to the issuance of the first building permit within the plan. 5.6 Noise Attenuation (1) The Owner shall implement the noise attenuation measures recommended in the updated noise report entitled Noise Impact Study prepared by D.G. Biddle & Associate Ltd., dated July 2014, Project No. 113026 (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 the building are in accordance with the Noise Report. 5.7 Temporary Turning Circles (1) Temporary turning circles are required at phase limits where roadways are incomplete and any lots abutting temporary turning circles will be frozen and not eligible for building permits. (2) Where part of all of a temporary turning circle is on lands outside of the road allowances, the Owner shall convey an easement to the Municipality in a form satisfactory to the Municipal Solicitor. Such easement shall be released for nominal consideration when the turning circle is removed to the satisfaction of the Director of Engineering Services. (3) 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. 5.8 Trail The Owner shall be responsible for preparing a design showing that a 2.4 metre wide limestone walking trail is feasible in the 6 metre butter between the rear lot lines and the proposed 3:1 slope to the satisfaction of the Municipality of Clarington. The Owner further agrees to provide the platform for a trail to the satisfaction of the Director of Engineering Services based on the approved plan. 91 Page 5.9 Fencing The Owner shall install non -gated fencing between any lots and Park or Open Space lands to the satisfaction of the Central Lake Ontario Conservation Authority and the Director of Engineering Services. 5.10 Bio -retention Swales The Owner acknowledges and agrees that Bio -retention Swales are required to service the subject development. These swales are within lands to be dedicated to the Municipality of Clarington. The swales must be constructed as part of Base Works, and securities for the swales shall be held for 2 years (Stormwater Management Works). 5.11 Final Works Cost Estimate The final works cost estimate shall include: (1) all work required as part of the Environmental Impact Statement including landscaping in open space areas, restoration and compensation and monitoring for the relocation of the Rough Hawthorn. (2) All work required as part of installing the bio retention swales in the Open Space block. 5.12 Frozen Lots The Owner acknowledges and agrees that building permits are not available for Lots 33, and Lots 73-75 until the detailed grading, transplant, compensation and restoration and tree preservation plans required under Part 4, are approved to the satisfaction of the Central Lake Ontario Conservation Authority, the Director of Planning Services and the Director of Engineering Services. Approval of these plans may dictate revisions to the lot configuration, including possible loss of lot(s). Part 6 — AGENCY CONDITIONS 6.1 Region of Durham (1) 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. (2) 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 101 Page are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. (3) 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. (4) 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. (5) The Owner shall carry out an Archaeological Assessment of the subject property and mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Ministry of Tourism and Culture. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the Ministry of Tourism and Culture. 6.2 Conservation Authority (1) That prior to any on-site grading or construction or final approval of the plan, the Owner shall submit to 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, including the use of stormwater techniques which are appropriate and in accordance with provincial guidelines; and, b. The intended means of providing water quality treatment for the site in accordance with provincial guidelines; and, c. The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with 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 related works; d. A phased sediment control plan is submitted to detail each phase of the construction; and e. 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 Natural Heritage System, Block 98, be placed within a protective zoning. (3) The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority and Municipality of Clarington. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. 11 1 Page (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) to 6.2(3), inclusive to the satisfaction of the Central Lake Ontario Conservation Authority. b. The Owner agrees to maintain all stormwater and erosion and sediment control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. 6.3 Ministry of Culture, Tourism and Sport No demolition, grading or other soil disturbances shall take place on the lands prior to the Ministry of Culture, Tourism and Sport confirming that potential adverse impact to the archaeological resources identified in the archaeological assessment prepared by Northeastern Archaeological Associates Ltd. and dated June 12, 2014 have been addressed through measures such as preservation, resource removal, licensing and resource conservation requirements. 6.4 Canada Post Corporation 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. (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 121 Page 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 General (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. (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. (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: 7.2 Railway Noise (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 131 Page "Purchasers are advised that sound levels due to increasing rail traffic may interfere with some activities of the dwelling occupants as the sound levels will exceed the Ministry of Environment's noise criteria." (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots "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 MINISRY 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)." (3) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots "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." (4) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots "Metrolinx, carrying on business as GO Transit, and its assigns and successors in interest are the owners of lands within 300 metres from the land which is the subject hereof. In addition to the current use of the lands owned by Metrolinx, there may be alterations to or expansions of the rail and other facilities on such lands in the future including the possibility that GO Transit or any railway entering into an agreement with GO Transit to use the Metrolinx lands or Metrolinx and their respective assigns or successors as aforesaid may expand their operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwellings. Metrolinx will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under its lands." 141 Page (5) The Owner shall include the following warning clause in agreements of purchase and sale for Lots "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". 7.3 Nearby Farm Operations The Owner shall include the following warning clause in agreements of purchase and sale for 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." 7.4 Catchbasins The Owner shall include the following notice in agreements of purchase and sale for Lots "Catchbasin — A catchbasin and associated underground piping has been installed on this lot. The catchbasin is designed to accept drainage from this lot and adjacent lots. The property owner must not impede or alter the catchbasin or the drainage patterns in any way." 7.5 Chain Link Fencing The Owner shall include the following notice in the agreements of purchase and sale for Lots "Chain Link Fencing — Chain link fencing is a required feature between this lot and the adjacent [park, open space or walkway]. This fencing must be located on the public portion of the abutting land and will be maintained by the Municipality after the developer has been released from any further responsibility for the fence." 7.6 Privacy Fencing The Owner shall include the following notice in the agreements of purchase and sale for Lots "Privacy Fencing — Privacy fencing is a required feature on this lot and it must be located on the shared property line. Maintenance of this privacy fencing is the shared responsibility of the abutting property owner after the developer has been released from any further responsibility for the fence." 151 Page 7.7 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 have been satisfied; (b) Central Lake Ontario Conservation Authority, how Conditions have been satisfied; (c) Ministry of Tourism, Culture and Sport, how Conditions have been satisfied; (d) Canada Post, how Conditions 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. 161 Page (c) Ministry of Tourism, Culture and Sport, Culture Programs Unit, Programs and Services Branch, Culture Division, 401 Bay Street, Suite 1700, Toronto ON M7A OA7. (d) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor, Scarborough ON, M1 P 5A1. I:\ADepartment\LDO NEW FILING SYSTEWROCEDURAL MANUALS\Subdivision - 2012 Complete -updated June 2016\S -C 14 - Conditions of Draft Approval.docx 171 Page Municipality of Clarington Attachment 2 to Report PSD -026-17 Corporation of the Municipality of Clarington By-law Number 20 - 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 2014-0023; 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)R2-54) Zone"; "Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)R2-78) Zone"; "Agricultural (A) Zone" to "Holding — Urban Residential Exception ((H)R2-79) Zone"; and, "Agricultural (A) Zone" to "Environmental Protection (EP) 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 Section 34 of the Planning Act. By -Law passed in open session this day of , 2017 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2017- , passed this day of , 2017 A.D. as J_ , y) .- ,Q� .. n rSg'111 • ''"7 [a} e. N CRESCENT 1 r S?r •: m ^�]' ;SP .1 1'57 ' Ch a ; REMMINGTON ST ,a>a3J aaa. s ] 3aa 3aJ�3 KIMBLE AVENUE U) z J J w _ McPHAILAVENUE ;; as,a�a;;} a%a Cn ]7 i�]aja?]JaJ7a 3>a#a'}>]7 ]aiJ) Ya3 a3 jJja]>a73�.-]37 Zoning To Be ]jM'+-�"aa ]3a3 J7a�7j33j }a J�j'a3a 7�] j JJ 3,3}J j71�j Determined � 3' J?7 �.i.)}�]]J,>�•),'� .%3YrJ .7 J.7 1) ,3,.7� � �)7 �'3 J? )>•',i )r)3 a)J }�}Y}aaJJ ]>33 ].j7 ,+ a�asa]t .7aJ jJ>]�a�:,+aJJJ3J3.au1a]a?]>3Ja3]�a)i:+>)33]a} 3,aj%]'�J]>'J'J ✓J �3Ja 3a)SJj J]J. i>+]#]]?}a]Jr') 37aay aaJ.- )Ja'J; JaJJa3J,x Jas j3]asi,,;J •'}'p] aa, a]J?a]� ,� ]aa a')aa3a� as a >>J]>o]3]]]3 BASELINE ROAD Zoning Change From "A" To "(H)R2-54" ® Zoning Change From "A" To "(H)R2-78" N Zoning Change From "A" To "(H)R2-79" Zoning Change From "A" To "EP" Adrian Foster, Mayor Bowmanville • ZBA 2014-0023 • Schedule 3 C. Anne Greentree, Municipal Clerk • LeaMEM O To: Mayor and Members of Council From: June Gallagher, Deputy Clerk Date: April 3, 2017 Re: Planning & Development Committee Agenda - Updates File Number: C05.PL Please be advised that the following correspondence has been received after the agenda deadline on Friday. They have been distributed hard copy on your desks in the Council Chambers: 10.3 Jonathan Rodger, Senior Associate, Zelinka Priamo Ltd. RE: Report PSD -021-17 Valiant Property Application (Lowes) COPA 2017-0003, ZBA 2017-0006, SPA 2017-0010 Motion to refer correspondence to the Director of Planning to be considered as part of the Planning Process 10.4 Richard Jefferson RE: Report PSD -023-17 Gyaltson Application (Newcastle) COPA 2017-0005, ZBA 2017-0008 Motion to refer correspondence to the Director of Planning to be considered as part of the Planning Process 10.5 Stephen Waque, Borden Ladner Gervais RE: Report PSD -026-17 Bowmanville Village S -C-2014-0002, ZBA 2014-0023 Motion to refer correspondence to consideration of Report PSD -026-17. 906June Gallagher JG/mc C. D. Crome, Director of Planning As AFA ZELINKA PRIAMO LTD ime /F _PLan" Pva et, ce VIA EMAIL April 3, 2017 The Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Ms. Anne Greentree, Municipal Clerk Dear Ms. Greentree: Re. Preliminary Comments on Behalf of CP REIT Ontario Properties Limited and Loblaw Properties Limited Valiant Property Management — Proposed Lowe's COPA 2017-0003, ZBA 2017-0006 and SPA 2017-0010 2383 Highway No. 2 Clarington (Bowmanville), Ontario Our File: CHO/BOW/15-01 We are the planning consultants for CP REIT Ontario Properties Limited ("CP REIT") and Loblaw Properties Limited ("Loblaws"), the land owner and lease holder, respectively, for the lands known municipally as 2375 Highway No. 2 in Bowmanville, Ontario. On March 10, 2017 CP REIT and Loblaws were made aware of the Notice of Public Meeting for the above -noted applications by Valiant Property Management to redevelop the former Target store to a Lowe's Home Improvement store with a garden centre. On behalf of CP REIT and Loblaws, we have reviewed the Staff Report No. PSD -021-17 dated April 3, 2017 and the draft Official Plan Amendment and Zoning By-law contained therein, and have the following preliminary comments as outlined below and may provide further comments as required. Our preliminary comments are as follows: • CP REIT and Loblaws have no objection to the proposed Home Improvement Centre use; • CP REIT and Loblaws are currently reviewing the impacts of the proposed Lowe's in the context of the existing reciprocal operating agreement as well as to how truck access will impact the overall road network and internal site traffic. Accordingly we reserve the opportunity to provide comments once the review is complete; ■ We request a copy of the Traffic Review submitted by the applicant; and • We request clarification as to whether a minor variance (if required) to facilitate any future expansions/additions to the existing Loblaws store and/or future infill development on the CP REIT lands can proceed during the "two-year time-out for minor variances" under Bill 73 if the privately initiated Valiant Property Limited ZBA is approved by Council, as the CP REIT lands are within the same General 20 Maud Street, Suite 305 Toronto, Ontario M5V 2M5 Tel: 416-622-6064 Fax: 416-622-3463 Email: zp@zpplan.com Website: zpplan.com April 3, 2017 Commercial Exception (C1-14) zone as the Valiant Property Management lands. We note that Council can permit a minor variance application during the 2 year time-out. We would appreciate if this. letter and the expression of interest from our clients are put on record at the Public Meeting on Monday April 3, 2017 and that our office be provided with notice of any and all future considerations of the application and/or decisions related thereto. - Yours very truly, ZEL NKA PRIAMO LTD. than Rodger, MSc PI, MCIP, RPP Senior Associate cc. Ms. Nicole Zambri, Municipality of Clarington (via email) CP REIT Ontario Properties Limited (via email) Loblaw Properties Limited (via email) Zelinka Priamo Ltd. Page 2 From: Wirch, Paul To: Chambers, Michelle Cc: Salazar, Carlos; Crome, David Subject: Neighbour Comments for Public Meeting (COPA 2017-0005 and ZBA 2017-0008) Date: April -03-17 2:12:40 PM Attachments: imaae001.Dna imaae002.Dna Hi Michelle, This neighbour told me that they may not be able to make the Public Meeting tonight and asked if their e-mail comments could be distributed to the Committee (see below). Thank you, Paul Wirch, RPP Planner II Planning Services Department Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 905-623-3379 extension 2418 11-800-563-1195 www.clarington.net From: Jefferson, Richard [mai Ito: Rich ard.Jefferson@freedom55financial.com] Sent: April -03-17 2:09 PM To: Wirch, Paul <pwirch@clarington.net> Cc: kjcomputing@rogers.com; Woo, Willie <wwoo@clarington.net>; Partner, Wendy <WPartner@clarington.net> Subject: Notice of public meeting COPA 2017-0005 and ZBA 2017-0008 Good afternoon. We are sending forth this letter to let it be known, that we are in opposition to the proposed relocation of the building at 109 King St East in Newcastle as noted above. When we purchased our property to build our house, we did due diligence to find out what future developments may occur. Approximately 17 years ago, there was no indication that the plans for our community would change. Now we have the proposal of a 5 story building going in, that will dwarf all of our houses down the street. On top of that, the building is now being changed to have a clear view of all of our back yards and will probably have a sight line all the way to the 401. We are not comfortable with such a building coming into our neighbourhood. With the original plan, the building would have at least been parallel to all those along Beaver. However, with the new proposal, it will compromise the privacy of all those down Beaver St and Cutler Drive as it is being built in line with our backyard lots. I understand that the building had already been given approval. However, we do not agree with the amendment to the Official Plan and Zoning By -Law to relocate the building to the new proposed location. We are CC'ing our councillors Willie Woo and Wendy Partner as well. Respectfully Submitted, Lynne and Richard Jefferson ��c�ia��Jef fe�sow richard.jcffcrson&a 65f.com Financial Security Advisor, Freedom 55 Financial Investment Representative, Quadrus Investment Services www.richardj cffcrson. ca 139 Beaver St. S. Newcastle, ON. L1B 1C4 Ph:(905)987-3868 Fax: 905-987-1666 Toll Free voicemail: 1-800-341-5586 x4392 (note change) LLU. Referrals are the biggest compliment any client could give me. The contents of this communication, including any attachment(s), are confidential and may be privileged. If you are not the intended recipient (or are not receiving this communication on behalf of the intended recipient), please notify the sender immediately and delete or destroy this communication without reading it, and without making, forwarding, or retaining any copy or record of it or its contents. Thank you. Note: We have taken precautions against viruses, but take no responsibility for loss or damage caused by any virus present. unsubscribe Le contenu de la pr6sente communication, y compris tout fichier joint, est confidentiel et peut etre privilbgi6. Si vous n'etes pas le destinataire vis6 (ou si vous ne recevez pas la pr6sente communication au nom du destinataire vis6), veuillez en aviser imm6diatement 1'exp6diteur et supprimer ou d6truire Ie pr6sent message sans Ie lire, en tirer des copies, Ie retransmettre ou en enregistrer le contenu. Merci. A noter : Nous avons pris des mesures de protection contre les virus, mais nous n'assumons aucune responsabilit6 pour ce qui est de la perte ou des dommages caus6s par la pr6sence d'un virus. Stephen F. Borden Ladner Gervais LLP ucm T 416.367.6275275 Bay Adelaide Centre, East Tower F 416.367.6749 22 Adelaide Street West swaque@blg.com Toronto, ON, Canada M5H 4E3 q T416.367.6000 Borden Ladner Gervais F 416.367.6749 blg.com April 3, 2017 Delivered by Email Mayor and Members of Council of the Municipality of Clarington c/o Ms. Michelle Chambers Clerk's Department 40 Temperance Street Bowmanville, ON L1C 3A6 Dear Mayor and Members of Council, Re: Applicant: Bowmanville Village Inc. Property: Part Lot 17, Concession 1, Former Twshp of Darlington (West of McPhail Avenue and South of Woolacott Lane) Our Client: Andrew Brown I am counsel to Mr. Andrew Brown, who is an owner of a neighbouring property and a party to the Ontario Municipal Board hearing (PL 160773) respecting this application. First, we express on Mr. Brown's behalf, support for the replacement of townhouses abutting the rear of his property and others on Buxton Lane with single family homes and the elimination of a grade separation between the proposed elevation of the backyards of those new homes and the existing residences on Buxton Lane. This creates an opportunity for compatibility and integration with the existing community. We look forward to working toward Minutes of Settlement to ensure that this result is captured in zoning and draft plan conditions that bind the developer going forward. However, on behalf of Mr. Brown, we express concern that the residents on Buttonshaw Street, are still facing a potentially oppressive overlook situation. This is a matter referenced in the list of issues we filed on Mr. Brown's behalf with the Board. The fact that there is an existing overlook situation in the community as referenced in the Staff Report, does not mean that it is desirable or appropriate not to consider mitigation of new proposed overlook development. This is particularly the case where that development would impact a well-established neighbourhood, and thus, where owners have improved, developed and established use of their rear yards, in the absence of overlook. The proposed overlook development is, in part, because it is economical for the developer not to achieve grade with the existing development. Is it not reasonable then to ask that developer to bear some expense in mitigating the overlook which the community experiences? If substantial loss of privacy and loss of their existing opportunity to continue to enjoy their backyard amenities can be mitigated, should it not be considered? Lawyers I Patent & Trademark Agents BLmG Borden Ladner Gervais The measures set out below can be implemented by Town Staff, if directed by Council, through the zoning bylaw and through conditions of draft plan of subdivision. It is respectfully suggested that Council consider directing Staff to implement the following elements of mitigation: The draft plan conditions should include the requirement to plant and maintain, until assumption of services, tall trees with a minimum height, when planted of 20 feet, along the rear of the proposed lots to interrupt, at least during the summer season, the oversight on the existing homes. Most existing homes have fences constructed already, so the trees should go on the proposed lots. We respectfully suggest that the Town be conveyed an easement along the rear to protect the trees from being cut down for at least 40 years. Such requirements have been imposed in other similar development situations. 2. The zoning law should prohibit, as part of the original construction or as may be constructed later, balconies or decks off the back on the first or second levels which are over 1.2 meters in depth. Decks that are larger and provide multiple seating will function as the main outdoor amenity area. This is not appropriate. The size of decks at the walk -out level are not an issue and would provide ample amenity use. As there are already full decks off the first floor of some walkouts on Buxton Lane on the north side of the park that overlook Buttonshaw Street, the intrusive nature of these walkouts can be observed. They do not make for good neighbour use and should not be repeated. It is also true that the homes on Buxton Lane were built first, so anyone buying on Buttonshaw Street at the time would have already known that they were going to back onto a walkout. In the case of the subdivision before Council, they are being imposed on established residences. 3. Restrict by zoning the height of the home where the highest difference in elevation exists, and so as not to allow full two-storey homes, but limit those homes to low-rise bungalows or split levels at those locations. Lots 8 to 19 of the proposed subdivision plan should be considered for this height restriction. We are optimistic that with continued dialogue and effort on the part of all participants in this process, this matter can be brought to a `Made in Clarington' good neighbour solution. Yours very truly, Stephen F. Waque SFW:cm cc. Ms. Anne Taylor Scott, Senior Planner, Development Review Branch cc. Mr. Andrew C. Allison, Municipal Solicitor cc. Mr. Andrew Brown 2 Handouts and Presentations Application By: Valiant Property Management To permit a home improvement store in the Bowmanville West Town Centre Public Meeting: April 3, 2017 Odo ■ It Iq # ny/, r— AllcDonalds%*. Lobla * : i �-' ,� lClses �w kl•, L - L cc -NOWSubject Site TD Bank 3 ~ Plaza _ - iY } �� �� 0 0-01 -1, Ar, `" " dkp ' Plaza - ` 1 -- Lowe's ce William Boulevard CCPA201•T-0003 X17.0010 " - .5 - Background • Building has been vacant for the past two years • Proposal is to permit a home improvement store • Modifications to existing building is needed --------- 7- N 'w7nd 1 T --- '------------------------------------ --- _LL --- ___1___ ' 1 . 1 1 I GAR EN CENTRE AN 25933-0312 (L T) ENT NCE (EXIT EXISTING EXISTING EXISTING E7mTRIG ARDENE ujffy, �Y5T'7 BULK SAM PET1 i CIG ry's erns aa fn QpEN IMQE. STRUCTURE i$ • ___J____ R A p MFA [6072 R'1 i PART 22 4 h4 PART 17 I j IT II 1 1 I x.628 I EX.fi.a5 1 x6.43 -- --- 639 ' Ex.689 I FIGS TIRG m 3mK i i -- PART r0 I Q. _ Y___ ___ 1 Y___ NPr41 u2 -f . GARDEN 1 ' CENTRE ---- L--- z r ----I------------ I I I"LJ I 1 �.J N72-41 bot 51 -74(K --w Q PaL 1 1 1 1 x I --------- --------------------------- '------------------------------------ --- _LL - PART 6--- 1 . GAR EN CENTRE AN 25933-0312 (L T) ENT NCE (EXIT EXISTING EXISTING EXISTING E7mTRIG ARDENE ujffy, �Y5T'7 BULK SAM PET1 i CIG ry's erns aa fn QpEN IMQE. STRUCTURE ___ L --- ___J____ R A p MFA [6072 R'1 i PART 22 4 h4 (t i64 ft7l I IT II 1 1 I x.628 I EX.fi.a5 1 x6.43 -- --- 639 ' Ex.689 FIGS TIRG m 3mK i i -- PART r0 PROPOSED Q. _ Y___ ___ 1 Y___ NPr41 u2 -f . GARDEN PART i2`romr79 ' CENTRE r 1 COVERED F Ie� 1 ` PART r] nrxra i r ¢ Ex.21.46 r a8 � a :•d 4] h EXISTING LOADING DOCK ENTRANCE I EXIT PROPOSED CONTRACTOR LoWEmS RETROFIT EXISTING BUILDING AREA: +1-10,507.40 mz {713,100.70 ft2} PR0P05ED BUILDING AREA: +I-9,310.37 � [100,218 (tY} GARDEN CENTRE AREA: +I-1,220.47 RTS [13,137 R2] I Q D 0 o 0 N72'41.00i 1&5.99 r gni PRINCE WILLIAM BLVD ---T--- --- _LL ___ ,._____ --- ---- __ --- 4 __1I____ _ --- ___ L --- ___J____ ___ ___ PART 22 1 1 I x.628 I EX.fi.a5 1 x6.43 -- --- 639 ' Ex.689 FIGS TIRG m 3mK -- _ Y___ ___ 1 Y___ _ 1 ,____ I ---- L--- ' 1 ----I------------ I I I"LJ I -- _--T'---- �.J 1t 1 ----'---- ' Q PaL 1 1 1 1 ENTRANCE I EXIT PROPOSED CONTRACTOR LoWEmS RETROFIT EXISTING BUILDING AREA: +1-10,507.40 mz {713,100.70 ft2} PR0P05ED BUILDING AREA: +I-9,310.37 � [100,218 (tY} GARDEN CENTRE AREA: +I-1,220.47 RTS [13,137 R2] I Q D 0 o 0 N72'41.00i 1&5.99 r gni PRINCE WILLIAM BLVD Public Comments -Ar' Staff and Agency Comments • No significant issues were raised by agency and departments • Urban design and landscaping iWi�Mf. Nn Y�lh w.14• uiw uxwwr nrr wr.rcrrexry i_wlrri Fi9AW WO_._ •i NFLL �u�Rn�P�*v�N��n 1� a0.rvu'+4 •..hbL Eil sai en-�� � aue tr --------- 7- N 'w7nd 1 T --- '------------------------------------ --- _LL --- ___1___ ' 1 . 1 1 I GAR EN CENTRE AN 25933-0312 (L T) ENT NCE (EXIT EXISTING EXISTING EXISTING E7mTRIG ARDENE ujffy, �Y5T'7 BULK SAM PET1 i CIG ry's erns aa fn QpEN IMQE. STRUCTURE i$ • ___J____ R A p MFA [6072 R'1 i PART 2? 4 h4 PART 17 I j IT II 1 1 I x.628 I EX.fi.a5 1 x6.43 -- --- 639 ' Ex.689 I FIGS TIRG m 3mK i i -- PART r0 I Q. _ Y___ ___ 1 Y___ NPr41 u2 -f . GARDEN 1 ' CENTRE ---- L--- z r ----I------------ I I I"LJ I 1 �.J N72-41 bot 51 -74(K --w Q PaL 1 1 1 1 x I --------- --------------------------- '------------------------------------ --- _LL - PART 6--- 1 . GAR EN CENTRE AN 25933-0312 (L T) ENT NCE (EXIT EXISTING EXISTING EXISTING E7mTRIG ARDENE ujffy, �Y5T'7 BULK SAM PET1 i CIG ry's erns aa fn QpEN IMQE. STRUCTURE ___ L --- ___J____ R A p MFA [6072 R'1 i PART 2? 4 h4 (t i64 ft7l I IT II 1 1 I x.628 I EX.fi.a5 1 x6.43 -- --- 639 ' Ex.689 FIGS TIRG m 3mK i i -- PART r0 PROPOSED Q. _ Y___ ___ 1 Y___ NPr41 u2 -f . GARDEN PART i2`romr79 ' CENTRE r 1 COVERED F Ie� 1 ` PART r] nrxra i r ¢ Ex.21.46 r a8 � a :•d 4] h EXISTING LOADING DOCK ENTRANCE I EXIT PROPOSED CONTRACTOR LoWEmS RETROFIT EXISTING BUILDING AREA: +1-10,507.40 mz {713,100.70 ft2} PR0P05ED BUILDING AREA: +I-9,310.37 � [100,218 (tY} GARDEN CENTRE AREA: +I-1,220.47 RTS [13,137 R2] I Q D 0 o 0 N72'41.00i 1&5.99 r gni PRINCE WILLIAM BLVD ---T--- --- _LL ___ ,._____ --- ---- __ --- 4 __1I____ - --- ___ L --- ___J____ ___ ___ PART 2? 1 1 I x.628 I EX.fi.a5 1 x6.43 -- --- 639 ' Ex.689 FIGS TIRG m 3mK -- _ Y___ ___ 1 Y___ _ 1 ,____ I ---- L--- ' 1 ----I------------ I I I"LJ I -- _--T'---- �.J 1t 1 ---T--- ' Q PaL 1 1 1 1 ENTRANCE I EXIT PROPOSED CONTRACTOR LoWEmS RETROFIT EXISTING BUILDING AREA: +1-10,507.40 mz {713,100.70 ft2} PR0P05ED BUILDING AREA: +I-9,310.37 � [100,218 (tY} GARDEN CENTRE AREA: +I-1,220.47 RTS [13,137 R2] I Q D 0 o 0 N72'41.00i 1&5.99 r gni PRINCE WILLIAM BLVD Application By: Newcastle Lodge for Senior and Family Dwellings To Construct a Six Storey, Mixed -Use Building Addition on King Avenue East,, Newcastle Public Meeting: April 3,, 2017 r lair g11rh auk lic L� ra we s Iff 107, Nwe s Fly 4a ••I i10 * y •it _ + Y f Avenue East Subject Sites �.King Buildi go :m Pit oiw • f WTI ` L•fiLL_: _ _ 153 ling Avenue East � E 165 King Avenue East � � Existing Parkview Lodge Pr (2 storey brick building) •' - Proposed Extension JAL (6 storey brick building) M I are i ■ Orel• W. L"Jffv ii MOTICIE 7 - ,, . - G _Mcr oil � Ir ` - 4 fop - L i -+ -r.'AV Comments • No objections to the proposed land use from Agencies/Departments. However, numerous site plan comments to be addressed • Concerns with the Heritage Impact Assessment prepared for the existing building located at 153 King Avenue East Application By: Gyaltsan Property Management Inc. To relocate a previously approved five -storey, mixed-use building away from Beaver Street South, Newcastle Public Meeting: April 3,, 2017 rte• King Avenue East NEW— O � U) CO ^>mp, t _ " oft r� y0 I S7 King Avenue East 4-j • { _ _ r 1101 U) 16M4-0 U) � 1 IA i Aproved { p Building (Dec. 2015)' 0-0 �K King Avenue East 4-j -{_ - - � r I101 I • U) 16M4-0 U) . > fee s i Approved r Building ` (Dec. 2015) roposed'` f. Building ti �. 0-0 -AMOS A Pf I NOTICE r � - ®�► � ��� � rad �` . �iJo P&�- �} � WAS �'l 1 ATTEND THE MORE �■ 1 Z Zvi �, _ • 5i PIP • mill r Foodland� Massey Building IN Relocated Buildin Beaver Street South Pl- N m 131 KING AVENUE EAST 49 & 63 BEAVER STREET SOUTH ""a� Official Plan Amendment �'w. Zoning By-law Amendment Site Plan Approval rti 11 NS A ,NICK SWERDFEGER ARCHITECTS INC. 71 ALBERT STREET I GROUND FLOOR I 0SHAWA,0N L1H 7R1 TEL. 289 316 2720 WEB. wwwmarch.ca SUBJECT PROPERTY `W.,f -" � J, Southeast corner of King Avenue East and Beaver Street South Newcastle Village 131 KING AVENUE EAST AREA: FRONTAGE: 49 BEAVER STREET AREA: 1710.36 m2 FRONTAGE: 20.8m 63 BEAVER STREET AREA 2437.26 m2 FRONTAGE: 18.Om I I Nsla NICK SWL.;Dl LC iY. ARCM FLCTS !YC. SUBJECT PROPERTY dr- dr * Pp rp ;L- I Southeast corner of King Avenue East and Beaver Street South Newcastle Village OFFICIAL PLAN DESIGNATION: Village Centre Urban Residential NEWCASTLE VILLAGE CENTRE PLAN: ZONING: Convenience Commercial Zone A (CC -A) Ns ` A NiCH SWL.RDI _C .'i ARChI I LCfS iYC. PROPOSED DEVELOPMENT -SITE 5 STOREY MIXED-USE BUILDING • RETAIL /COMMERCIAL AT GRADE • MEDICAL CLINIC OFFICES ON 2nd FLOOR • RESIDENTIAL USES ON 3rd TO 5th FLOORS • VEHICULAR ACCESS -Current Site Entry from King Ave & Beaver Streets • UNDERGROUND PARKING WITH 36 SPACES I I Nsla NICK SWL.;DI LCiY. RRCNIFLCTS !YC. PLANNING CONTEXT Urban Area Boundary L4 ILVII 8 1 2� I _ _� REGION OF DURHAM '01,- OFFICIAL PLAN Built Boundary (red) ' CON ii 28 - rLOT The subject properties are within RegionaICentre pink; 26 the "Urban Area Boundary" and d 2 100_ within the "Built Boundary" Living Areas (yellow) .0.0 X r ' The Durham OP designates the r� 401 Gi� . Subject properties F' g . subject properties as "Living J p p g Areas" and "Regional Centre". - - - - Both of these land use designations permit the proposed commercial and residential uses. S -_ L „ 24. I I NsIA NICK SWL.;01 LC iY. ARCM FLCTS !YC. PLANNING CONTEXT E SPUTAA 44A KING AA HUE -' L L Newcastle Village Centre rti F 131 King Ave. E Urban Residential STREET 49 & 63 Beaver St. S. UrbanBoundary 1 ....................................................................................................................................I......................................................., ....R..........- ...... ..:.. MUNICIPALITY OF CLARINGTON OFFICIAL PLAN The Clarington Official Plan designates 131 King Avenue East as Village Centre, and 49 and 63 Beaver Street South as Urban Residential The Village Centre land use designation permits the proposed commercial and residential uses, whereas the Urban Residential designation does not permit all of the requested commercial uses, nor the height or density that are required to allow for the development. I I NsIA NICK SWE:;I]I LC iY. ARCM FLCTS !YC. PLANNING CONTEXT jZ IW W (FORMER) TOWN OF NEWCASTLE BY-LAW NO. 84-63 The (former) Town of Newcastle Zoning By-law No. 84-63 delineates the 131 King Avenue property as General Commercial Zone Exception 25 — C1-26, and General Commercial Zone Exception 54 — C1-54. The remainder of 49 Beaver Street and the whole of 63 Beaver Street are zoned Urban Residential Type Two Zone — R2. I I NsIA NICK SWE:;I]I LC iY. ARCM FLCTS !YC. REQU I RED APPROVALS The following approvals are required to implement the proposed development at 109 King Ave (formerly 49 & 63 Beaver Street) CLARINGTON OFFICIAL PLAN AMENDMENT (Approved 2016) An amendment to the Municipality of Clarington Official Plan is required to: Expand the "Village Centre" land use designation on Map A4 to include the properties at 49 and 63 Beaver Street South. I I NsIA NICK SWL.;01 LC iY. ARCM FLCTS !YC. REQUIRED APPROVALS The following approvals are required to implement the proposed development at 109 King Ave (formerly 49 & 63 Beaver Street: NEWCASTLE VILLAGE SECONDARY PLAN AMENDMENT • An amendment to the Newmarket Village Centre Secondary Plan is required to: Expand the "Village Centre" boundary on Map A to include the lands at 49 and 63 Beaver Street South, and designate the lands at 49 and 63 Beaver Street South to Street Related Commercial Area. • To permit a 5 -storey building. I I NsIA NICK SWL.;01 LC iY. ARCM FLCTS !YC. REQU I RED APPROVALS The following approvals are required to implement the proposed development at 109 King Ave (formerly 49 & 63 Beaver Street : AMENDMENT TO (FORMER) TOWN OF NEWCASTLE BY-LAW NO. 84-63 Rezone the subject lands from Urban Residential Type Two Zone — R2 to General Commercial Zone — C1, with an appropriate exception to allow for the height, density and setbacks in accordance with the proposed site plan. Amend the C1-25 zone to simplify parking requirement. I I NsIA NICK SWL.;01 LC iY. ARCM FLCTS !YC. PLANNING JUSTIFICATION The proposal satisfies the general policies of the following: • Provincial Policy Statement • Growth Plan for the Greater Golden Horseshoe • Durham Region Official Plan I I NsIA NICK SWL.;01 LC iY. ARCM FLCTS !YC. PLANNING JUSTIFICATION The proposed development satisfies all of the general policies of the Clarington Official Plan, with regard to: • Infill development • Intensification • Efficient use of existing public infrastructure • Economic development • Growth management I I NsIA NICK SWL.;Dl LC iY. ARCM FLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION The proposed mixed-use development is appropriate in the context of the existing surrounding uses, and is considerate to the surrounding uses with regard to SITE Sti6ACKS SITE MASSING SITE ORIENTATION SITE CIRCULATION BUILDING FACADE -HERITAGE SENSITIVITY LANDSCAPE SPACE URBAN DESIGN PRINCIPLES I I NsIA NICK SWL.;01 LC iY. ARCM FLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION After previous approvals from Council and Planning in 2016, for the presented design of the 5 Storey Mixed Use Development, We have relocated the building footprint (due to site constraints, and therefore require approval(s) of the project based upon the following revised justification report to Municipal Planning Staff. i,AE FOLLOWING IS A JUSTIFICATION OF PLANNING PRINCIPLES WITH RESPECT TO THE REVISED DESIGN AND RELOCATION OF THE DEVELOPMENT I I NsIA NICK SWL.;01 LC iY. ARCM FLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION PROPOSED RELOCATION OF 5 STOREY MIXED USE DEVELOPMENT Proposed Site Plan (Image top) I I NSIA I NICK SWL.;01 LC iY. ARCM FLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION SITE ORIENTATION Vivid --- - �� NaRTH - - SOUTH A,5�1 I I NSIA I NICK SWE:;I]I LC iY. ARCM FLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION VISUAL CONNECTIONS NICK SWE:;I]I LC iY. ARCM FLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION VISUAL CONNECTIONS ��rr,iyi ei�l II!��#i � 11 1 Hill!I - - -Ijr -- --- _--_ ------------ VIEW FROM BEAVER ST. A1A' a e !Is X17 I . rll rim i =3 !!ISM II!G!111 '1!!11 !I<•I!1 VIEW FROM KING ST. I I NSIA I NICK SWL.;Dl LC iY. ARCM FLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION PEDESTRIAN CONNECTIVITY & CIRCULATION NICK SWE:;I]I LC iY. ARCM FLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION min; Ing. VIEW FROM (EAST) BEAVER ST. I I N s I A NICK SWE:;I]I LC iY. ARCM FLCTS !YC. PLANNING &ARCHITECTURAL JUSTIFICATION PEDESTRIAN CONNECTIVITY & CIRCULATION f ei�iiltlk URBAN "STREETSCAPE" AT PROPOSED BUILDING - FROM WEST (Beaver Street) I I NSIA I NICK SWL:;Dl LC -;Y. ARCM FLCTS !NC. PLANNING & ARCHITECTURAL JUSTIFICATION VEHCULAR CIRCULATION ABCV RF J 46 NICK SWE:;I]I LC iY. ARCM FLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION CIRCULATION OVERALL NICK SWE:;I]I LC iY. ARCM FLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION CIRCULATION OVERALL I I NSIA I NICK SWE:;I]I LC iY. ARCM FLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION MASSING and SETBACKS Building Site Setbacks Alignment I I NSIA I NICK SWE:;I]I LC iY. ARCM FLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION MASSING and SETBACKS Building Site Setbacks Alignment I I NSIA I NICK SWE:;I]I LC iY. ARCM FLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION MASSING & SETBACKS-SUN/SHADOW SITE SECTION EAST -WEST SITE SECTION NORTH -SOUTH NICK SWE:;I]I LC iY. RRCh lFLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION MASSING & SETBACKS-SUN/SHADOW Mrill jvvl:�m ,= 1 I -, no, KING AVE. EAST MAW 121 9:18+AM to 5:18pm KING AVE. EAST EMILY $T EAST W JUNE 21 9,18AM to fi:18W I I NSIA I NICK SWL.; DI LC -;Y. AH ChiI I LCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION MASSING & SETBACKS-SUN/SHADOW Al 8 KING AVE. EAST SEPTEMBER 2E N 9e flSAM to 6:26PM s KING AVE. EAST EMILY ST. EAST 0 W W7 m mcrlV BF -K 21 N 9e fl8AM W 6:1$PM s I I NSIA I NICK SWE:;I]I LC -;Y. ARCM FLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION MASSING & SETBACKS (ABOVE) lnwrnal BakDnySpacn Typical Residential Floor Plan (3rd -5th) Internal Balcony Space Roof Amenity Space Internal Setback irTMel-er) NICK SWE:;I]I LC iY. ARCM FLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION SITE MASSING & BUILDING SETBACKS By providing adequate setbacks &sustainable landscape design techniques to the North (South Neighbourhoods) and West (Beaver Street), SUN-SHAVOW IMPAC i : , 'RIVACY and NOISE impacts are resolved through design and site -relocation with respect to the adjacent neighbourhood properties to the south, west and east. I I NSIA I NICK SWL.;01 LC iY. ARCM FLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION SITE SURFACING & LANDSCAPE EX. LANDS LANDSCAI PLANTIP (MA ACOUSTIC, PL PRESSED CONC. VERSTONE WALKWAY m WALKWAY/ PROMENADE PLANTERS & SEATING ANTI NG NODE W/ ANTERS PRESSED CONC. VERSTONE WALKWAY ANTI NG NODE W/ ANTE RS & SEATING m WALKWAY/ PROMENADE PLANTERS & SEATING m WALKWAY/PROMENADE PLANTERS & SEATING LING/GROW WALL AT RAMP TAINING WALL I I NSIA I NICK SWL.;Dl LC -;Y. ARCNIFLCTS !YC. ........ ........ POW PLANNING & ARCHITECTURAL JUSTIFICATION Architectural Form and Massing Capital orrice) Shaft (Body] Base Architectural Form: Proportion -Massing (Beaver Street) Perspective Alignment of Existing Cornice to Middle Banding element Transtion of visual continuitt, along the street wall (Beaver Street) Exterior Amenity Space (between Historic & New) I I N 5 I A NICK SWL.;Dl LC iY. ARCM FLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION Architectural Form : Facade Composition I Existincl r:',assey Building Facade Composition Facade Composition Visual Continuity Repetitive Alignment of Openings 'Yrnrnetrical Balanceof Architectural Forrn through composition of openings Visual Continuity of the street wall Proposed Development Facade Composition Architectural Form: Proportion -Building Elevation Composition (Beaver Street) I I N5 '°' I NICK SWL.;Dl LC iY. ARCM FLCTS INC. PLANNING & ARCHITECTURAL JUSTIFICATION Architectural Form : Ground Plane Urban Design . r f •.. r Arm FIGURE 2.27A - URBAN GROUND PLANE FIGURE 2.27B - URBAN GROUND PLANE I I NsIA NICK SWL.;011 LC iY. ARCM FLCTS !NC. PLANNING & ARCHITECTURAL JUSTIFICATION Architectural Form : Facade Composition- Materials GRAPHITE GREY PREFINISHEDMETAL FLASHING 6 PARAPET CAP FLASHING GRAPHITE GREY PRE -FINISHED ALUMINUM UNITIZED WINDOW WALL SYSTEM r 'WESTVILLE" WITH 10% BLEND VENETIAN 16%BLEND OF REGENCY BROWN CONTEMPORARY DESIGNER SERIES BRAMPTON BRICK Z __ SMOOTH FACEARCHITECTURAL _>•>• BLOCK, STONE SILL BANDING _-� WIEATRENNAISSANGE SERIES ARRSCRAFT STONE �_••� (TYPICAL BANDING ■I�It__� Now _�_... � _• STONE SILL NVHEAT' ARRISCRAFT STONE TEMPERED GLAZING INESM JULIET BALCONIES; PRE FIN. ALUMINUM WINDOW WALL SYSTEM SMOOTH FACE ARCHITECTURAL BLOCK "WHEAT RENNAISSANGE SERIES ARRISCRAFT STONE I -I=, 1.4"01211 IBM I ff""WIEWN NMI West Entry Ground Plane (from Beaver Street) Architectural Form: Exterior Materials LegendNAR A NICH 51'lERUI LC -;Y. RH CHIILCT S !YC. PLANNING & ARCHITECTURAL JUSTIFICATION Architectural & Urban Design Integration The proposed development with its use of CLASSICAL FORM, SYMME ]FRY, BALANG , FENESTRATION and TRADITIONAL MATERIALS compliments the historic property, thus does not intimidate and/or mimic in either fashion, by remaining contemporary and modern through design, as such reference to the urban design The FAQADE UUIVIHU51 I 1UN, articulating provides a VISUAL UNITY at the street level and above; regularity and overall symmetry, thus providing a well-designed composition, in alignment with the NEWCASTLE VILLAGE URBAN DESIGN GUIDELINE, which will attempt to enhance and compliment the overall aesthetic feel of the historic downtown district. I I NsIA NICK SWL.;01 LC iY. ARCM FLCTS !YC. PLANNING & ARCHITECTURAL JUSTIFICATION Architectural & Urban Design Integration North-West Perspective -King Avenue I I N5 A I NICK SWIL. 101 LC iY. ARCM FLCTS INC. PLANNING & ARCHITECTURAL JUSTIFICATION Architectural & Urban Design Integration North-West Perspective — From Site I I N5 A I NICK SWL.;01 LC iY. ARCM FLCTS !YC. Aw .%�, � ot :mss • _ C µJV kc A7 • -idol. N111 Hili'11IES ------------- - -- ----- - - --------------- 1 H PLANNING & ARCHITECTURAL JUSTIFICATION CONCLUSION: We find our proposal provides clear definition and articulates principles of design, mass, form and fagade composition through a contemporary (modern) approach well within the defined objectives of the Municipality of Clarington's Newcastle Village Centre Urban Design Guidelines. The development, shows the principles of integration with the adjacent Downtown Historic District and with the established neighbourhood to the south and west. In conclusion; the proposed development aligns and balances with the Newcastle Village Centre Urban Design Guidelines and the principles of good urban and architectural design. The proposed five -storey development at 109 King Avenue East attempts to help strengthen the role of the Village Centre by providing economic, retail, social and residential spaces that will facilitate and reinforce the goals Municipality of Clarington's Official Plan -Newcastle Village Secondary Plan through increased densities, quality urban design and heritage preservation within a developing community. I I NsIA NICK SWL.;01 LC iY. ARCM FLCTS !YC. Thank You! to-,� . INSIA NICK SWERDFEGER ARCHITECTS INC. 71 ALBERT STREET I GROUND FLOOR IOSHAWA, ON UH 7R1 TEL. 289 316 2720 WEB. www.nsarch.ca F... �w r � r �r Y` T TG.CY 7r !4'7 n PL9T[YO51 N� 9 arn.ria nrunickvai ay.ru comn.i..lp., d...n.n.. ma.nlcipsle. ee IrOM.13o AI (h. r.qu.., p ., rM Rplonal Munlelp.lir pr purh.m. h.. r.n..ran m u,. R. lz40 M,n•ic+p.I �p.re "urW.r wwvdwn 1T[2.) .rw 1t(3al duty of.nn— AcY. R.6P- 1 Pv4y a R. 1s. ...n,.ntl.tl, porllpn. � m. ami .1 rn.n ror Ili. 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Tor 1h. Cwrllw urban .r.., ...ny,P . e papal. 1h nepntpurnpptl..ntl m r..npy. m. mey.,m a.n.ny w.gn.[wn N en. H.ngvµ. F— N.- uPVOmootl [o r.e[ie.,e lh. .ppmr.I pT iwv propo..,a party of wWHf.bn R.ylori. Fires Np. GPPA..T-OOT SCh 1ptl LE "A' CO-NIPMOP40FA"XOYAI l'JFPQAPTPLAN cm,rlJtt151"glbN IU,-VZa16 r7ir f! el 7. Th#I lNr Wpmi applim Ir+ &A hien pi &Wbdlelklon IaT,92011# pralsdfed by tLULb F1dd, i7a10-"2-rel Curley ad Smlth tlilRd Aprll 71 149'6 (and fudhW rrvl#ed in red as pi' th. aiwrJW%i pial)} sFrv'w.ng Lot& I l0 Tor 77 W al and 9I bo 95 ;lr iii luxlyit da' Ping%darachod rdwrllinp, I r1G 71 10 Ti+, 62 la 04 rind @g 113 90 is Inc Iusi--t for s -nni-deL-y-d Or 1114D. -d dmalll chi)& 102 Iraw vdio7 1, black 143 for ;; rk, Etrodcs lad and dun fp1 Wulkwar, aryj VkFioa& LkKks kn raar•,e, road -r -Jmin1 rio trlifrtdKl C4C, Er.,IF PlaTnrr44qUP, 2. That Wl rlrerna wllkln rhe IFlan or Syr jlVlervn shall Jyg de+J:ralr(I as pr, lk #ilghwa}Y AA %Wr ,r FlrSlt m titd fl -§l r4M. 3. -chat all lb'"rF }hryll be nemtd lu Iho 44151`60rle111 of rbt9n1WIffy ' ConF and vh(— un lhn rinaF nl,m, re.ib $ f9,4ntFEo b! NAlsntdel+n(riirs Sw4dnirinn ,Va,r,r.w.IF 4- Thur I- nor 511au a 4Jelirre[I Ion*Cayt archism 10 IlKupiim" subnllr 3 tahJWWi" Pli-n Ir- FF+c QlPKWr pf Publir WG-rk% Ilrmf Llle TXror lxbr of 1llrminn Aril DeVAvVnicrFtlor rr.4irar and OPP"Wi1_ T> -r. JMr*K90ho Pl2n4;kll re tea m� dorm", erh6rla0(4eAiunldpA1y49 alye4rdr(I from:tjW pry Lurie. S That thr CkAmer SUF mtsi•i a tp aliried r_r]ginimr to yrmzim and sibrAls 8 llydrml)ML06a Niel ml 10 t1w 61mxe (111 anir0 rg and I]n halarhent to dwrlonk"o! that like p.opGsed Offm1PpmeM %%A1 rll>f n1Jv.&Mly lrnpacz Uig l it}Lllllj %6.d 1, in rhe' 6UI Dbumlirl di:tws_ av,- e Xof,r } +± ,+ .. g - l6vw lid#* "- "It #rd* 1l`d1b2VJ21 -10- PL970051 d) a ni (v aeufrm 14,4,5 4 arddcd a2� Fn1 �51s_ 'rt4.A_5 Jdotwih=nding Gr= cdn 14.4.9, a Gevc]opment cotbmA RW Ilse WOD6213% oaslinated grlvironrn4`razif PrOreeffm Arco uhO PQ1 Eiak re itilred for PJriog of SubcrK6*ipn J8T-92[)14 and 18T-94027. A,pprap7lr]mCJ w -=um---. bo prated ErwWwMlental PncrW=i;rr Areas DPt edjacentlanda $Fw3 h�r Frmpaemiented Iruanh the wndlr� prdraf .approval for amtrdivitkrr', and as to aaodrGvd, Cha provi;ibnc Or trio 41urC3 aa`•ily qty Cfaringion Oficial Paan whlch are before the 2naru, are hereby approved. In all othermspects. the +ppeal to trill Heard Torr a pmraW pn2cr4rnent W tho Munid0k:V cf Crarington CIScaW Plan by 04-lica Haighis OevdWpmurat A dhML%sed. YIJith mspeol to the 8ppeal t0 thra Ecord by Caortloo Hciplds EW"luFxrwynta cancermnpilEappl.cationfor aptrv&earnaMmecAluthoformcrTorvnUFHM%V1 -1r3ofr623 Plan 4Orh9 Flle Na_ Q9rI OUG)Ltho Board hare�:y orders Ihat tho appeal r9 diSrMiSS!N1. VAth FcWpa t to the reforral to this Bvw4 rf pmpa.cd drari plan or Aul5dAsion I9T- 92014(iDFN$ FN0 Nin. 5960455 , the 8aardap7rwgsdi`Vt plpenraundivialan 1ST -92014, oorr}0iindbdir[[jxhihA26totheavlderlcebef m'he Board. S4r151edrtothe ConNtionsset:out rrr SrbLdulC'A' heron_ Requirements to be included in Subdivision Agreement 14. That the Owner shall enter into a Subdivision Agreement with the Municipality and Vagree to al Ede by la I pFM aid conditions of the Municipality's subdivision agreement, including, but not limited to, the requirements that follow. 19, That the Avner agrees that where tele well or private water supply of any person is inte4ered with as a result of constm6ou orthen development of the wbdivision, the Owner shall at his expense, either conned the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of 9�ality anduy` amiIy at ieast equal to the quality and quantity of water enjoyed by the a" party prior to the interference. 41, That the ownel• agrees b po)�de a water supply contingency plan satisfactory to the Director of Public Works [Of the suPplY of water to the loul residence ill the event that ddn� qubdivlsion servicing, the groundwaler table hdS been inipatted, This plan may in64 the provision for the extension► of watermains, if 6ftmed ne fflssary bythe 3Iredof of PubIIC Works, Cornnvm[Dner`a Repun Na. ;99`L -P-41 Page 5 DensiOs 2_$ The Claringban Official Plan pravldes hauarrV end population tar9Cr15 by nei9hbo(4yteds, The }rousing =4 population Wrgela In !ha Hancock Neighkourhoodwero subject ka on Qptf A44 Munlapal board hearing mripleteld en January, 1990. At the time v pren par'aUen of IMF$ eprt e dpci&ian himl not been naFeased by tate Board. The targab estabrW9 W W fiv kxalI 6paAy.rajpg anaVanT-t topDmOde-Rx aampauturban �form,a vwidy ; h Lising n- am dhe pr:6r ban aTemlranrrlcwotelry s4a@Fra-M air c'!R. With rho excupoon 4r lha idrgaks roiet�ad in Ifie Onteiia blunitipel t3oard for the Hazioua FfayhbGtJrhood, the tlr s)kft In nortM CouJlloa were approved ill the -CIarinplonCif dill Mn arld are rlWr in Grp, W911 I ntorktim r cc :1.7 The Regkxi hely wen kAarierenco F6lkios t'o Cre J WAh wall Inbede:encJ:j as a result of regional warps projects and t>4L ppr(Strviollon of regh3l10aeniicas rgquwvd to aarviee new residential derelopment. The suud+isbn wee imberf vNw-epollalas pr130dvfartr.0 redudrGn prcaeta IavxweN with rnuniapat aeruices by waiving ihcfort��e CJsargec, In addilian, tale I Manlapat�y o! Clarrn9"an, els � �yM1ditabrL er appraVal, requires the developer to payad ramalning co*tA irlcli,,ding connecllan fees arra worlivnprrv7det pnoperyto9&Ang rctaidenb5- 29 The Region has examkM thi-,*x Uuclion aF a wa8amhleh 91orig Nasal Ri:iad and Hancock Road as p4r# o[tha weran servrJng scbr me. As y msuM Jf' esfisting wolla irk nurth Cvyrtioo or$ edgnifxanity impacted duo to oGnsinrcbm of new Sui:6Y ior-G, tFlo honsq mmeLrswr9 be cxu*aed to muniripal water al. np poet io lPAem_ The Ngrumii Via 11 Iaterterence Policy is cnp["Ly under reYiewawl may be emended by Rt Fawrlal CouncA In the near Murip. 2,9 Tnka wporiwas pr8par0d In *:,mullaiian wins lha FtagianaELYgFks Oep meatMunidpority of Clalingbxl and the Celar'd1 1.alca Ontnrb Consenealfon Authority. AL. GamrlE00W er PFanni1rlg AIL schrrient 1, LC;IWn Skelch ori r,alaOF I�..in w rte. , r, xwo 5CHIDULF "A" CONDITIONS OF APPROVAL OF DRAFT PLAN OF SUBDIVISION 18T•92014 0, That the Owner shall retain a qualified hydrageologisn to monitor private water supplies potentially affected h the proposed development priatto during after iI subsurface conslrudion to the satisfactian of the Re ipp of Derham, cw&d LWw Omop i conmWoon A~y -0. AM 2 ip wk, kb. IN 'c4mrd: &ougmp 'nJ.* C&MM gas it Aquff@r System SWhem altiiollo �-Ocal Aquifer Systems HHMM=k r:Z.Wlj f)rja gas BION 4k1997 Lrd. TES MI&MIse Ems C@,�N Rd.) MM S. Ram ki December 7, 1998 Ckn&*LiC 3XF 3MOIianouskRuud Orn LIC Calutiee, arntarin I,jE2L7 v2phnne NCS-dkl 95Ef R-: Podanf.11".koer+rd allerin�pac [9idSlsa3�b5e1 fpr•fier2Yrlr?lra�ibrrHrfiond3�'llCvlacr-pE D rIT R E R.= un9in: 111 [Mierprescn[s the msull.9 of ourhAmpnAcgic review oflhe above refcrenmd plan ofsutxJiviuuaos in [ha CL urlkc tlrhan Arm in Lhe Murdzipulily of C]arijigton, Region of D rh n-, [ammo- The revirwr has inucludod an asLwsiwfl4;nt Of several bMlGgrtnurd documentu NMki fling tO IIYe drsvc[uprrrefu- The Cmudue Udghts Devetopment9 oana[aI of Iwo proposed sulldiv[eion9 (9.4ha in IXT.94027 94 10.8ha in IST b14). The devclopr iaA is sit;aued east ofCmnice Road in pun of Lits 27mW 23, Conu sign .l of doe DaFBmgtcn geographical tommsbip. Our wdudml review has cl inu f the Aloninng doemlau: f. GuUer Auackmn: GnAmdwzver �yy f-i}i4CflLr r(rs Fsiarrrvl, [T7CPY!luf Dc'Wr�pp 49N rrupmeM CoevrrcC NOFXh XergMm&Aurd 3011,• Apnf,1996; 2. N.v�prahletv�f.• Drvrrr,�,rnv.r{;oueepr.i'aorrtrcrN+�r7hNei�,e�oryi,eMxl3r'lr,,f�usr.199s.- �. EcObRku1 So vfcca far Pfwrmrw Env&wnnrn" Import LRmfy of Eke -C wjxT Derr EHUNArea; AlKnrl, IPH d. FtaPf4MT a` 1Vk-Ol,hoerrlyd (JNcr•eiew .Ieer«..,L%". Couri a Ara th AWF)jdar&h&-,d je dpriJ; 1902 evrd.frmLavy, F993. The GnEdre A.wcimes 1996 gndy intimpret9 that loot rater wolts obtain daelles[ic $rowidwuter 9upp11C9 from tho darer Overbarden or bcdlock flaw xunn (i.e. Intermediate and Deep Aquifers). Therefore, Golder 19% ccmaludes that the pccpnaiut impact of [he detirelapment wwid haipc eI Ilegligib]e net Mosel on ki va vmll sTpiics. We do not noncan- rxirh the Cx4LL-r 1996 p=lusion- T 1C CM&T study by Girton & associates (Gibson. 1992) idenif gd 45 iaW dianwler hoed wolfs %yiThin 750m of the dewe[opmmE The bond V Als lap a walcr braring 7pno at depahs a1f 1.SFn to 9. Sou (6 it m 31 ft) but naa•nudly MCriM&F graundwpMr ut an avcra$c Oepol of $.bm (ig il), In addition, the Gibson 1992 study ictelttitied at lea9tto (10) privutc boom) vM11S fl t cold he classed ns Vey shallnw and t]fercforc polentiolly "senalt1ve' to a developltlent impact. COME MNG r TNGIN= m rho F140CMMENTAL aa+aa snce-ru .L1r3 5 decd ?)emir'. 19YS PLV � The backgrOm6 mckkal li>t=lac clearly dKPwnts that &'•+elnprteertt will siff1cantly rcducc gmundww infiltration to the shallow aquifer Anne, by M mtd as 10% (Gold, 1996) to 400l. (Gibson. 1992). In addition, buried services Y& full mitigation (e.g. trcnch plugs) arc cnpkxtod to W -c a nct lowering of thl: gtot»}dwa[er in61c. It is raeogn nd ihat the da,vc1O P=1 JarA wve as a locai (arid principal) rech3r6N arca fofk shallow avcrburdm flaw rye, Gonsuquelltly, ii is amicipatcd that the lung tem kvciapmthu impact will advorscly aiy'w the waren• ce is of weiis tapping the shallow aquifer. Therefore, rime Wil irate rfCrenoe is expwiDd in tkle log tam. The R tEiall of Durham has a util cst$blishcd W61 irltetfcmt w Micy, NevcctJleicss, it is n9 MMantkd that a thorough groundwater li i nronitodfig program he carries out io crmjunction with cit;vcloportra, Mmiw ng should be =daacted horn secure Oil -site pkam tets prior, dtuitig and folluv6g the inst'a Wiom of bwioti wvi =anti Wilding fouftdation titans. We t= that this l�tmr meets you imrrltxiiate weds. Please contact u shlwld any gocsti-Dm arise or should you require additioN4 infermaximl- Yours bury, ('IPSO1N A4SOCIATFS Walter I Gihmm M.&-.1 Eng.), P. C, Wilo,s Replies by Planning and Engineering This rezoning application is for the lands originally within draft approved as part of 18T-92014 which now forms registered plan 40M-2364. As the block is within the original plan of subdivision all the original conditions of draft approval, as also contained in the subdivision agreement, remain applicable. The only thing that we, as non -experts in the field of hydrogeology, can do is rely upon the opinions of those who are. In this case nothing has come forward to provide proof of long term negative impacts related to development. I7 L BC0LL•7C'M 5ay'Y.. W MP M, kWL..y LTa. daJf"Is, Ja' IVWW arch, etre s'r tabla V et Zrm and rel for pan Ir nq atl a{ des Yar. JL;� Hror4genla'4k L. ;r [J h 11` oq eah3akW Lnirmiu an was "idea try.vpara w wcth hraF tinea pr; F11" 13 3F" ii -r �r kmod-S" A I pp4n Ed IrmivFiduald-mlopmen[OP*N , k:ar;n Lhe �Ivdy A.` ltCPWIA „with were Pravideel by the CIrcnt are brdefly diLonas ,,d in L11c {9LLawinZ pareiraphc wish rmpeu [o IFVir hYd,mL4.plg3Lksl Cndps• A repay by "g—"M (19741) oa The €'PUnke D +5I13prrrenl ,area Isloa Suver [6 NbbksL€yra k34 yard Tanrlinr Ip Flancack Roaap ,,,a bm!d an cdsmtE i�rorffUUOrL Magri seers per -1 an 1:25-9DW !Zak ar` haarkg W-IrT table "no - 111 L 11 xaoer[abilc urea rad auil d-i—jiMcharrcrcrisdcs. FlycJraulie cacdlrcavey *Wuos uveae =Lign4d.0 sail lyper. The 17VUrooe Swan WaLcr M6mu L:rrgeML SILdy by To ler- Stas 3-ru6i= Cll" j Qmmre d al -c urea trans Roar Srretl La rhe COur[Lae Rood Uri— ATea tsaodmY- and �oo� Ta•+TSLrLe Rsvd La Hencn�k FANW- TFap report OvI iAed Nigh -w5:hr lablr aanflld-A-, mid LrWigmrc1 dl.0 t- sdodu Lr hirh amer (able area* will require dcwNIerb4- 71T reporr•r-Kcxxrnl-,ended dere 4017 7cLseeirn should tx »-jrd ouL wirtL bx re da.yshe "careriauc rural indiraead Ll spec,Fiu r,Kasurrs firr�•ald b-!' uwJu— in the Shorn Ww!-_ Lplrr.Qrrrefu Plan { la 19F7. GoIzL. h5soc"Le. rod. repined 4n hydrgtrnlugics1 rOnd9lond for Lhe 17n0130fidd I--Croux Sr,bdMsurx7 wlriJh aa:uplcdi .boar 8.2 hk g= of 7euu'C Rand red n a,ch of Mush Road WiN, &J. FeLd tr•ah +Mao- carr` d -out in early tam,fr sad bya'N w. W �1velrrrsha►cFJA **des cr ilssar S.5 r0wr77, mgrirars. 5aits -eat p+inoritr.5L1Ly r� %�+d- sandy NII and -3h. end Iand.l uadwa,_ dhsrh¢r�ic ca dee ca -Cite creeY [bnr]a_j was rktirnraed Lo bur 9LW re?)P'- r J-�Gel .I:rc}�rJpe ++-++ 6mmld 1¢ be !�r;a!S^d1-" MW K w-kP 'JUWSMA ghat arms[ au-.ri1G basenow to the rreek_er[gjr,aW am rrpruama_Xr harp from deKh. TFe rePmr[ cap --luded day Lts lass or elf [rpm[ of rhe bQ#Akw 91-1kinVing an dre ,M wouJd '" JiJWrJerdlxpf#erL Flew in [rro- [r brrtan,•. 1r was tilarr;, d TKw wvrSP ribfe Lirwenrrx or mq m dim i rwrre wwuld nuc tr,.. Nit dLsrerzp3.male o'"30 nt rnxn dfaLuWl; corrAara, hrnMever, This rsoarurt wim !JIM sLlPF. e4. h oamptuud set of wafer kt, J rneasurerS=c;sin the v E:he rrnrnirgrs spa noI 2LY"' )Ie heci•� man -re or [Im rmmkom y,.em #mmee. rn 1470.,}alder AEpX4 urs LW. prepared a hydr'D, o11si[at mpnrl few Gr pnipGged TruU-s 7ttmd Sutdi,rkion w4dth occupied erwnoxime,*IY 70 ba and induddl the fa*Trcr J_Lr[tiei. Srtl.�lvLfilo, #rave rd liry'Wha.l b0. butes wcro drioed Io a de LIL err a boLSL 1.5 ro end L>rp RmrLin3v uT{t tnsLL"c 1 in, oath txeh oat. Wansr Ievc1 duo #cora [Ire 01717.017170 air ,Mas 1r5Fd Ia ealculaoe anallndare9 di%ta W (bascflo-) to Lhe on,dilF eceCk. Careeel drewrrlwr[ar diaharp wac cminryred 03. be &I rroJSbhr rA xenleW ptalndwar¢r d6sdurDc was-Mirrimled ro he x1;9 m+y.,, S1,1m flims rtr Farr_elt. HmTrlony creel Oshawa-Mcr.F; art ryrorced as lwrrmlogv+ of rtrc �cipiraLion r � 00—P 5+.'0;1717 Pnliu[ion Carl: r.l Ram. Tlmr anrwrl mreamt-we:r in cimsecreetm varied 7 11 I DiaclLura[I C%NLIAT-Y m, M+•arrr Tabu• L:MY tiRULn51EY MI'C:1 if the RaLrr budget nr,lJyslu uad narn�rn[t Gra great -_r Tunoff -911 ttieg rrebn lhr'IC.Lrr. dl 16resL 0CM0r SU_L'C rO[JJied ills: Lae efft-DE of reara.•inE forest wvrr it diff -l -kit to 914=efy, bat thatTnare prc-*f *tion wosW v,-uTrJLy rcacrL the grmmn4 8UJ face and -otf i]trxte to Ihd iWAtfr table dv e UJ lower IsaF rakJITIICJL[ A,td Cvapu•tram pir;k6cul lifwser4 The thermal iin]3.-K[ of tIIJS JoCfessed sTITf;LCC 17,,0 `r Ptow mn the tributary will be cftat 4 dtc addition rs"{ cn0J U0tlJL4w[ter "1Jee1ed by a.'IblrJ Pipe' trrml (nC t'uuddaiien xeeprrx, L3hy abn ns3wd how JauoJL the drr7r i l rhC +1.4,. v Lable u+u1LU lu- SL,eve noted 6,0 h is very diffiDmIt in prujorA The dale, but 111-91 i[ w'*UJd 1Fe gretiTtcrt (PN!�bt>• 1-5 m1 in the IUPhor ?2c&. HG aka ataLCcl LhaL the addition'i3 DGl 6 rulLmfFrnll �e;r ofrw.t ally CJLAmges 1a ibe vatr.T 0 110 1 n i�d X14 — a -:!: �.'w.•,s ably I is it J k�l lay Ih3L rS VIII E aoi rJ k I�tl[+�q�'ilTk n o! � oil WKW black Lid II i I Libby *sled hem• [he iornmimA &.irnnined I1IA7 1ll_ } developsent site. siUv+EUkiva discal rt greenpdwA; l' c tIR.k,•s. Slerov mlrted that tht 111M of Ot. to the sm ili n.-ar Naso RUKLl - fi" + aC1s as a dML to the hnrbMr� nLLbmrueat of grouischvamr, . 1hrrT:hp ft u Cidg i3rouadwaier to {tpv.' [a T11C wLBL AS a resu If, the pl ed duvolmpmen t wl[ have nn 1fnp'S1e[ oil grnand-aver aR adjwdeui JnlLds. Ji1Thy 1710:00 [hal thO placing of iitl armind t]Le JEOLLi69 aLay charno 9F diTa:ffat 01717ooadxater f1m StCtC JCpEied LILAL fiJligg dCAId hffiw, JL4 943,iSLGIaG ETnpaet. Linn IISO ;Iskcd w11a1 the INCA€[ of 2vmd rr:u.strurtinn w"[fci r Isai't NL �J IxuldwaLeT flow. Suva 130TOd lila', an), iu:p,err %m LZ he 111illpix:d by the iLse of trericil pltip. l.[l. I indiMltr d rhLrL rhe RaSiun'x Wcll In[orfr 7CnoC Policy provides for seTvierA [n [+e exLanLle;2 [m the sire.f frartage Of A _ re-ideircu, but thn[ IndJvr&W ]and uaners maxi ]xay tCr I'M 11 CO[ 4,1 it rtT;Ore uces'-o regional srrular.$ . Healh'!7 7rspunded that Lha pCOpOuunt EJanmu Harrminerl hid pyQy;vklily euusn[iLLed Lu Pay fortlic. re5idcw'9 pae[tOILOf pix hoaknp ChUf'. 3 1 2. It is 0117 aph'0:1 ll:;il there will be no cignif:prt d.-abage ar.prrmantLni lowering Of dlc sha:luw grmndwnlcr LSMI! 11 :he granula: nfalsllc Inkl w LFA site due 10 [he prr!wsed dev*pinco, (i.e. dW egtimated m&E-'uUajLWwer.•ng oP the gi *CIU Ld"a Cr I[ah.a� s_x 1e4,od to be less 1I1su aly� �O,d�T1)L1e, w2ter levels and baullou :n;a Lhc st Truu dJng lands wiLhin xnd'adjaccn: 19 Lke C=Tnu Ilk Ut 1101€XMC ed Lt1 be sJ210 aul:y afleczed. Q�1'IAIG#1 - IJo� 3, ThtiL?eper aquifer ipcn-� in LFG dCeftr :% burden and bedrock prflvidc ao msearirgful €ardlibu[iao Lo h:L•ienow in Fund f'rvck, 4. la cirriLl^rL xlrCymflowia tht aJN.cL[=:[e4vrml wrimccursex rZrftMs [he peeve.€c of a rjw widely spaced seepaed zuaes which slay rclirCSCnt [hc seawnsi LTlmree rlie}n cf the shsllaa groun[lual?cr [able duriJ:g 117, spring sts<an. .. Site gradJng operations over the Coolitianiiy it:S cxpcctec Ln enGau,ier 7 fele of these mcpap zooca in deprssslarst arras, deprndirg as the line 0f yvaJ. Wht:c CMDW.lerad„hes-' WC[ t0l'8 wilu:d Trgdre s Iacal drair.;lge bl7jsc[ cf c!ca, S[Gse Ja asiisL with lata] dra[04c and to mlrlmiic genu:u!va[cr pureeing wiuri,L tiie eogircerell FII. 6. 11 JS e1Lr uriderstardlAg shat pr.nnuaeo[ a'a[crqual=ty ponds may he i'egviYed Pur the Farnna Cruik CAEr mullry deve1r,prn.4t i[t rhe sau[h-west flertian of the gJoper[y io rale +idT4 of Lai rig 11 t3 and FC -d. ans?LJ dig the 10W penneahility oP the - CIEJSOk eL ASSOCIATES , e shedAKM ory bS, Jghn GcHAwin 1979_ page 3-2- "the major water bearing units or aquifers of the CLOCA area are found in Lhe overbardcn and more precisely, in the Lake Iroquois Beach and seasborc sand deposits., Watembed Inventu 1979- MZc 3-9 Dy sphz of the Iwidsensilfwly, xlri-e area was chasenjor develop unL -study fir 3C by Mggbv- 1992 11 50 rnr j Lu1 icipal airs c[s gMqrlq on OP- 1994- " 1t was furthcT notiGcd that e north COUTL ce repiwented the uniy urban area anywhcm in the Regiov comgIetely taverod by an FSM desinatiort" - r;s[ ald�ar�SC�d s�r�orrs were r�moti4Ed by developm2m, - srudyjbr 3A by Golder, 1987 predicred water fable lowering more rhwj I Mcfar Two highest de �* a v 1 Rain l h A rYAI .q Rr n» r tArPl April 046 951-9273 The PC1WI0 ed oat TPhC41015 to hasCfLQ W B# the —ail— Peder either lbe Initlgato-3 Of 7lnmiti ga'Cd scenario 1t welL within Lhc glrrervkd ra V nP ari mal tmfil fluch:xSiva in basxflew 10 rhe Lr6ek system. $rrimmflow bydf0pnph3 Sum 5110 maLsecuSi'rt 5]TRm 199L dad 199 far tbP FM -Mw Ll CtaetlBIdol Creat w1¢rAcd iDdidltt R year to Yea[ varLulon of as perceat u ,be baseflod vjmp",-w off the tLrownflo-w within (he basin. Tho dpvelaposerll of el6w ILTE wii0 C.nurtice NulUl N46ighbau bom 31233, 6r UIP develolimot of U16 T. specific Cmi-tice 11aiaE Lie•,,fupmaar, pronx of 5Iub5Ivlrirm, is pd.W6¢te9 to We ma oltiicgmMe in" •L to S r dw'rSt7 ylelds to wells adIbed Ioca111r Pnr dauMiC wueT suppLICS, D•:;Plto- dte Fafil Skirt the prk4lcred xc Lmpda i)n hareRaw Ln tilos Creek under the unmklgattsl 1mrinrin isneLliklhle, k is Po,wLaded tha, LhC menrified Loi loud mrJ darelopment wide lnfLltrafio6 cnhana via praLtices shr !lid he wnsidc`hW- lepraftival, fbrdvap7ripos ddevelop nCnc- 7be 10ng reran ,,mu1julweffeciz of buindev91Vment oay. Bl "me painLiA?UCe hasrOLm ]n 9Lark CW. Ln a. poirr. which eauld "cntialty af!741 Ole exisiu5g CC4systeso ila Inc: ante-.sW. Thne&f% m rwnb iii IDX thit Lbe ir," oum and crunc1a0v¢ inlpz.:h of boLh the 3C1i NeitNJn 6LW And the Cburticc Freights Dl_-wJapmlenU Bpeelflc rubdiVplgn pmposale are onwervaCrogy pmd_"v10 61 M netl IC-IbIa, min�mixirdnn of infill.wk n and bae^w rlxlucW-n 0oa14 be PCCPoroS" whcm pnduiol WeuD&rsra.-ldlhAtllCCcrural Lak41)Ixari3 Caftsu 'tilnn huUlOfiU LS InvestigatiOr d'efeasibll lW of unolennVing a wtSC,Shdd pluurinC ezeraise far Inc: Fs dl CrCCk watershed, ble reiaurLS Of which WuLd xuihl the Irwal munlcLpalitim anfl Pmyinrial aCc�aes in. "alltiting FuRVE davalt+#„r prclusal5 within the w2flc7hed. NNllhstandicq: Ulla LTlltlative, the resvLts of 5130 a sludy are not mdjcrp9ed in a1Ler the wnchlsion cf oLs s-Tudy- . rrWul;ilall Rrvlccs Far lrglonlop 1994 rp:ommemjRl Ihm certain bkdioffenlrrgiral mi,ipslrinn ma 1.1195 by =sidcro! Lor Lad deroloponenta will In Moderald F.-NImnrneolal Scmitv¢y UDLS E3, 1-2 dad 73, "tick are DrCSCnr in the SL4CIfic area3 oeslpul,5d rof develvpcoom In the tun COUr5L3e 11eWill Develuprn ul8 Plans of SaldlvsLan_ Mrhlpk it is ibt opinion of GMcr ,kssrxiates Lhar alae pr'-pwO dcvelvprn9uS! wp I orrt cause a Slgnl{Leant impact am either baxeflow M Alick Creek ur pLOaindwatoa yiCht m lrscal ila,mewiv, wuu weW, even wil.11W WrWderhlion of tha lrrif kvive Fr s,ue3 4cw-Fib0d ill rl¢tt lrlrnsr�mis LmF.-_d S I]d I iyy r]rf:iro Lti . r:e�xl.ee a, zcr. .4lnllovr dbe-1, In errcair ,: �.j_v•cr r•..:.-i,.i—VirE n NF iy} ti•.ptmswrJ .i•11a,.ta wn•+?1.bry tl,e Liau=;?Tu¢.:geTn' cr LA. r7um ,od,re-tt tiv, ,nut' rro:irya4ic917ai„win 2:a^m Oc �N of2iu4r�ehm:a r 1r.N *h r.___5.1 -i 1T ..1, it l.xn:l,le tam J.t .-pw ve+•� �, '3RC,P r:mr-fie Frae'.�:.,La q� .,i,los b .-.v,ws tactors i­yT ryl rein ya.,u kc '_� In, he vnrcrrfned �lPor -km- -1 0111h. A &br vmur usnpc nitlln ,Ireay W:er Cloeu ro` 1Ve 1r�a y-y'f h:r-. ny e.xrr .3vur.�r� r:q Lrerr'e'_ Sha fA:yn- @-r- .Y a1L31-,u1 e r.rirran4vl ermtr �Li lr le.ae rr rru or dYe ad-'siRoct cnxnF�e �434G7L•S.4 ]471-.. � 0.m[une„1' Yat,ur 2'-1w1IL W r F.a'�,:.tt rra.,C'.a•A. ,:» M5` r F1xE LLJ u W e.-.a-xn„amh min rG iJ-iu�.,caTG¢rrd�Yr,r�rp2vxa. Prgwr.-n1r �vre3 Nn7.Yl:u.rJ.,i:ai. nrm:=..r¢d S�•G,wim'1, a 3xr-0a.�rr: ns,ir :-t .zfi-;:.,i<d- .-.�,3'.n;�rn�. v��. xcr�..« r,n. ARU tlri56 -a- _ 031.437] dIgr9Fafinebat6s&wd2ralh,2 i-Shinplam?seiomagcmta-vuactt8wmeday2n&3rk;1`00-1,wtd She rc tun uheLeT MnWM. Nffve helms, i4Yl artriEmeirWkzfltt am Mehp*2ralicrnodudrMW of INLr,3d1111ill It41apitrlllthmethtlrl k4rotd*Nhj. The %wttr tahte w -a wwbinW tT 13lbssst, LM 10 1 iC wLllda ep nwda!aLdy S metra Or gr"a el¢f8 60Qj&, kr wwlleaoCFSo V71;e. rModirecLimd9rorvdwa;er&mIll lhe$uhjMplo"imLhlIJZOoe wmhonedpien,Fa yoGLV1oR4Lr>,rrrrdnt•att4SFdlreh�porpihsIeLflmLadlltSrF�I,WalybfEli:kCxl�', durlrt rcrlpis oi wdwi ziouodvmier dischmq;R MMC lrlhuLry is inLarn IM!E% vol Urti43re it LMV be LokTnlfar �nmdwa7er dd e#hr elio•xi0 LbMf3_Wr4ry it TedYaold,tr ¢vanfitim itis thea xer�lil[CrJ 43D sardrp dIpja ayrr+Lr MW r+R51I omew m smo Utas 6i ht )ear. At 4%9Wua i ill lVreanr deuil In Sbd6m 11. IC It ptrsikle INCL a day 'pernlhyhi LIy ove rr•3y riLal wblstl {r,ues ao 1n'ylndLaumg to xlgnificadbxLTont11zousdwamflSwrold dUcbage-0oSlrcrnhLm;-6uriagMose pniada. auoJwBur flew"lM dl+erled di&WXd9Wlwrrdr, ar ws,]rdis:harXe 5n the main i)canchof SItzk Creel: Wilbklr Cw41tg 97gttiSlrntlalysprl mt m14Lalh 01 chi wh1a;S pfvortpl hticbrrr-mrmL #adiegi wi71ia dre A81IPw xlne hrFmm 51 rf8L1 She Glhsm, 1992 data 16 aWkil 0.03 G pd&6lj, u{cwrkaOlt 1Lmjtwr y L -n nyrdrndk dGhJurti+iSy IhOwom ma radurtrlite depogla and tit yrdGLy.Mg graoal 101 g•MNLer, nrd benuu ql 1h.S IfKo ",er-k1474 .1514 Wr,,,rtx 14x1 Zhu 4dnk%Ny {ipwewwds hytrx�fic ladles[ is Likely 10 be egial w w g"# :r Lhm trre pnrsaotzd 214d lents, it is ¢tpwed than at krill "ll' pf for iofal4atiPe+¢Fh2rgz water n= •T80t5 srlticalry fiol:3 she �dm:ld,k 1•It+'w xane ke tIv dre;,lr ntirtwr@ru flow wnga 1tr1LWII Lha! ihpllL,w K'x.T r+o 45C s5l*M r.Mgdgy.1hl pr. 'xco of Om day'p.=xahtity dad' dltautsed: in SeS'6011.7 owW corse a'ATlswh9ydLxOmU,' saralline ill a Zr s partki,udine 6f Iof lluaLio* sr4and6xEr cn Elm- deepd fiv4ti'rmdal *W some, ur iemjl rar} di+Shc IAA hf thtlLY4 h4rlmnlsl Tlgw w Opo SOSRh Such pheaonwilf vrmild mull In kluona1Ly read?ed•- 'fl Lvov is Lra IstrMNanl INI'Drary. acrd MhaaCO dtopc::?Anr MIA144 u,d44F OlJtl%)w VM* Flxo-dnwfo t2re mtiobrarcb of black CFCt&- 7.7,3 Gamr4r GWktbu+drn F14wZadh The 3anty slit gtrclal till whloh un'xrlies dot rAc grine de oc r s wl the 10yrtt potyerry and ooivr* as wrraa* USrmlefM much oruie Brea he- Llle Oldk RICE. Moraine IN l-ake Ou1Lrinl-ttrwlL IG ledrovl:aLdelditiAtm sal4brnivoIn04Frgxln. 71106111cbiUli1411{ aoinip141.h0pr4Kt4W!515wni1 6otdmr Assda101on 044dor A41* Fel,tl69 Conclusions: IT IS NOT OUR FAULT THAT OUR WORKS DEPARTMENT DOESN'T HAVE HYDROGEOLOGY EXPERT WHO WOULD ADVISE THEM ON IMPACT/S ON WELLS DEVELOPERS WILL SELDOM VOLUNTEER TO ADMIT THAT THEIR DEVELOPMENT WILL HINDER WELL FUNCTIONS COUNCIL SHOULD HELP THE MOST VULNERABLE DISABLED RESIDENTS, NOT TO DISCRIMINATE AGAINST THEM, AND SHOULD PROTECT THEIR WELL BEING, AND HEALTH. COUNCIL SHOULD REQUEST DEVELOPER/S TO RESTORE WELLS THAT WERE IMPACTED BY THEIR DEVELOPMENT PRIOR TO ALLOWING THEM TO PROCEED WITH ADDITIONAL DEVELOPMENT THIS WOULD BE FAIR DECISION BECAUSE THERE IS CLEAR EVIDENCE OF THIS IMPACT COUNCIL SHOULD USE THE OMB DECISION FOR THIS REASON AND WORKS DEPARTMENT COULD ENFORCE THIS DECISION APART FROM MY REQUESTS, PLEASE HIRE PART OF FULL TIME HYDROGEOLOGIST WHO WOULD PROTECT CLARINGTON RESIDENTS FROM FINANCIAL, PHYSICAL AND SOCIAL IMPACTS OF DEVELOPMENT Good Evening Chair Woo, Mayor Foster, esteemed Council members, Staff, and fellow members of the public. To add to the information provided by staff I offer the following; 1. Application Details • the correct applicant name is Bloom Field Farm 2. Background 2.1 • our application for the proposed sign design is within the current by-law with the exception being the message area to allow for digital imaging. 2.2 • in 20111 was one of the seasonal business who offered input into the need for additional signage as it applied to our farm operation, garden centre, and new event venue. • in 2011 that input met with our current needs • forward to 2017 we face additional and unique challenges. • we are located on a busy highway - with a 60kl zone that is posted but never enforced • this year more than 8,000 guests will attend our event venue - most of these guests are from outside Clarington and unfamiliar with our location • our event venue is located 276 meters off Hwy 2, behind the barns and is not visible from the road • our greenhouse operation is now open year round increasing our traffic • our green houses are located 172 meters off Hwy 2 • the pond areas are heavily treed revealing only a portion of the greenhouse • this year we expanded again and have added fresh floral production. Sign Permit Application Section (11) 3. Current Signage • looks cluttered, and has multiple messages on multiple boards Proposed Signage • will have one message board, with one message displayed at a time Bloom Field M Proposed Signage - Details by Manufacturer 4267 mmtotal height Total signage area - 8A7 rin2 NON backlit identification sign 2743 rnrn wide by 11152 5 rn m ta I I 327 nn2 NON 27 3 2 4 N 'S 7 r, b' rr' n2 Message Cabinet Sign area 1219 mm x 2134 mm 1525 mm 2.8 Message centre net frame Bloom F�lid nn m x 22 10 m m 3 m2 m2 NON &crcA I ing NON fl ash i rmj 30 second minimum delay 1346 mm... .. per scree n Welded angle steel cage to attached message centre to poles - 346 mm 4ff, " 'r1. 50 MM x 50 MM x 3 MM 457 nn nn concrete 254 x 254 rnnn so not ub e for wooden pokes b,)j r''r' each pole By Comparison Proposed Sign; - message board is lighted - one smaller area for messages - displays one message at a time - easier to read - message changed at 30 second interval - message does not scroll or flash - background can be any color - text and graphics can be any color Current Sign; - message board is lighted - multiple larger areas for messages - displays multiple messages - harder to read - message can be changed only with new coraplast sign - message does not change - background can be any color - text and graphics can be any color The only difference between these two signs in the message board area is that one can be programmed and changed on a laptop while the other has to be changed with a screwdriver. The electronic message board is environmentally friendly while the coraplast signs create immense garbage. ion -.1111mIppsa.|it . . p-- |} qhm .! 7mm mRl, ®lfl .... I 11H, ........... .. � . � | �[ � � �| � aq� 4 #� �� � � m■ � � . z /'% B a ' S . Eƒ2G / a �� . ' �± ƒ)§ I . �, . _ _ ,.- ,� PI . f. ate m r z .. ._ . ,�P.� P. : §' p w« 'mm|� .r|b ,� .. \� 2§pp 4-P or' $ ,�§ ., �.2%.. ; . .m.w»B22 �' " ' &m� # r� .._ , 2� ' | " / / ' 3 tea. / . ~� �z' ...I | '■~�~2/. m1 - . r a� bi m|\\\ \2\\�. . . ¢3 wa%C hFire .� Sign Permit Application Section (11) Highway approach to the farm • currently customers see two signs with 2 messages as they approach - this is hard to read • one sign with the ability to change a message allows for; - a tidier road frontage - easier to read one message at a time • we are a farm with an agritourism component - farm gate customers approach and see our parking lots full and wonder if the greenhouses are open - agritourism customers approach, see the greenhouse, and think they are in the wrong location - both these cause traffic concerns while drivers hesitate to make a decision whether to enter the property Travelling west on Hwy 2 as you approach Bloom Field Farm you see; • residential homes on both sides of Hwy 2 • the towering communication tower and water communication station directly across from Bloom Field Farm • the railway tracks, referred to as 'The Hole in the Wall' • the Village of Newcastle • in the background of the Village the Ontario Hydro towers, the local cement plant, numerous communication towers, etc View from Hwy 2, just east of Bloom Field Farm, facing west. Travelling east as you leave the Village and approach Bloom Field Farm you see; • the railway tracks, referred to as 'The Hole in the Wall' • the towering communication tower and water communication station directly across from Bloom Field Farm • continuing past Bloom Field both sides of Hwy 2 are residential homes until you pass Stephenson Road • 3745 Hwy 2 is only 308 meters from commercial zoning on King Avenue View from Hwy 2, just west of Bloom Field Farm, facing east. • the car in the photo is close to our driveway • you can just see our white road sign on the right 4. Discussion • it's important to note commercial properties already exist within the rural countryside in Clarington, and as such so do signs with electronic message boards • an example would be Algoma which has a commercial sign on a commercial property surrounded by agricultural lands • While acknowledging Algoma is a commercial property it is also important to note that very few electronic signs exist, even though they are permitted on commercial properties • Cost would be a deterring factor, as the electronic message component of this type of sign runs in excess of $30,000.00 e • Despite increased support under the Provincial Policy Statement for operations like Bloom Field I would expect ea application presented to Planning for rezoning would be treated on a case by case basis, like ours was, and by extension so would any application for an electronic sign amendment • The impact on surrounding rural properties would be considered when reviewing each of these applications • With Provincial support for farm businesses like ours I believe that support would also extend to include supporting measures that allow us to advertise our farm message To Conclude • Our current signage looks cluttered and is difficult to read - it is not sufficient to safely direct visitors off Hwy 2 into our farm and guests to our event venue • Our proposed sign design is within the current by-law with the exception of the electronic message board - it is in keeping with the rural surroundings - representing our farm name, products, & trademark logo • Our application is site specific to Bloom Field Farm • This application presents the perfect opportunity for Clarington Council to set a precedent for acceptable signage in the rural community • 1 respectfully ask that our application be granted