HomeMy WebLinkAbout04/10/2017Final
Council
Agenda
Date: Monday, April 10, 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: Cindy Fleming, Administrative Assistant to the Clerk, at 905-623-3379, ext.
2101 or by email at cfleming@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 Council
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Municipality will be audio recording you and will make the recording public by publishing
the recording on the Municipality’s website. In addition, please be advised that some of
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Cell Phones: Please ensure all cell phones, mobile and other electronic devices are
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Copies of Reports are available at www.clarington.net
Council Agenda
Date: April 10, 2017
Time: 7:00 PM
Place: Council Chambers
Page 2
1 Call to Order
2 Moment of Reflection
3 Declaration of Interest
4 Announcements
5 Adoption of Minutes of Previous Meeting(s)
Council Minutes Minutes of a regular meeting of Council March 20, 2017 Page 6
6 Presentations
7 Delegations
Libby Racansky - Highway 407 East Phase 2 Design and Construction Report #5 [Item 1(e) of
the General Government Committee Report]
Andy Brown - Applications by Bowmanville Village Inc. for proposed Draft Plan of Subdivision
and Zoning By-law Amendment (Unfinished Business Item 13.6)
8 Communications – Receive for Information
There are no Communications to be received for information.
9 Communications – Direction
There are no Communications for direction.
10 Committee Reports
Advisory Committee Reports
10.1.1 Newcastle
Arena Board
Minutes
Minutes of the Newcastle Memorial Arena Management
Board dated February 14, 2017
Page 14
Council Agenda
Date: April 10, 2017
Time: 7:00 PM
Place: Council Chambers
Page 3
General
Government
Committee
General Government Committee Report of March 27,
2017
Page 17
Planning &
Development
Committee
Planning and Development Committee Report of April 3,
2017
Page 21
11 Staff Reports
12 Business Arising from Procedural Notice of Motion
13 Unfinished Business
Report EGD-12-17 Liberty Crossings Neighbourhood Dust Control
Status Update (Referred to Council by the
General Government Committee on March 27,
2017)
Page 24
Resolution #GG-158-17 Report CLD-006-17, Municipal Elections -
Methods of Elections (Tabled to Council by the
General Government Committee on March 27,
2017)
Page 32
Resolutions #GG-163-17
and #GG-164-17
Report CLD-008-17, Senior of the Year
Nominations (Tabled to Council by the General
Government Committee on March 27, 2017)
Page 33
Resolution #PD-060-17 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 (Referred to Council by the
Planning & Development Committee on April 3,
2017)
Page 34
Council Agenda
Date: April 10, 2017
Time: 7:00 PM
Place: Council Chambers
Page 4
Report PSD-021-17 Application by Valiant Property Management
Lowe’s Home Improvement (Referred to Council
by the Planning & Development Committee on
April 3, 2017)
Page 35
Report PSD-026-17 Applications by Bowmanville Village Inc. for
proposed Draft Plan of Subdivision and Zoning By-
law Amendment (Referred to Council by the
Planning & Development Committee on April 3,
2017)
Page 58
14 By-laws
2017-032 Being a By-law to establish, lay out and dedicate certain lands as public
highways in the Municipality of Clarington, and to assume certain streets within
the Municipality of Clarington as public highways in the Municipality of
Clarington (Item 4 of the General Government Committee Report)
2017-033 Being a By-law Governing the Emergency and Fire Services, and the Provision
of Mutual Aid and Automatic Response, and to Repeal By-law 2010-077 (Item
5 of the General Government Committee Report)
2017-034 Being a by-law to authorize the use of internet voting equipment at Municipal
Elections (Unfinished Business Item 13.2)
2017-035 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington (Claret Investments Limited &
1361189 Ontario Limited) (Item 4 of the Planning & Development Committee
Report)
2017-036 Being a by-law to authorize the closure and conveyance of a road allowance
(Approved by Council on February 6, 2017)
2017-037 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington (Valiant Property
Management) (Unfinished Business 13.5)
Council Agenda
Date: April 10, 2017
Time: 7:00 PM
Place: Council Chambers
Page 5
2017-038 Being a by-law to adopt the estimates of all sums required during the year, to
strike rates and levy taxes for municipal purposes for the year 2017 and to
provide for the collection thereof (Approved by Council on February 6, 2017)
15 Procedural Notices of Motion
16 Other Business
17 Confirming By-Law
18 Adjournment
Council
Minutes
March 20, 2017
- 1 -
Minutes of a regular meeting of Council held on March 20, 2017, at 7:00 PM, in the
Council Chambers
Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper,
Councillor J. Neal, Councillor W. Partner, Councillor C. Traill, Councillor W. Woo
Staff Present: C. Clifford, G. Acorn, A. Allison, T. Cannella, D. Crome, F. Horvath,
M. Marano, N. Taylor, G. Weir, A. Greentree, C. Fleming
1 Call to Order
Mayor Foster called the meeting to order at 7:00 PM.
2 Moment of Reflection
Councillor Partner led the meeting in a moment of reflection.
3 Declaration of Interest
Councillor Traill indicated that she would be declaring an interest with respect to Item 2
of the General Government Committee Report.
4 Announcements
Members of Council announced upcoming community events and matters of community
interest.
16 Other Business
Resolution #C-065-17
Moved by Councillor Hooper, seconded by Councillor Woo
That the Order of the Agenda be altered to consider one item under the Other Business
Section of the Agenda at this time.
Carried
Councillor Hooper raised the matter of the recent significant wind storm that spread dust
from lands under development to the homes in the Liberty Crossings neighbourhood.
The Director of Engineering Services provided an overall explanation of the steps taken
by staff in monitoring weather conditions prior to the storm, mitigation attempts and
post-event clean-up. Mr. Cannella indicated as part of a go forward plan, he will be
developing a dust management plan, using the site in question as a pilot project, and
provided suggested ideas to adapt to climate changing weather conditions.
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Council
Minutes
March 20, 2017
- 2 -
The Director of Engineering Services confirmed that clean-up of the affected streets
was expected to be completed today and that staff are responding to residents’
concerns and providing direct contact information, as appropriate.
The Director of Engineering Services responded to questions from Members of Council.
Councillor Traill temporarily left the meeting.
Resolution #C-066-17
Moved by Councillor Hooper, seconded by Councillor Neal
That the Rules of Procedure be suspended to allow for the introduction of a motion.
Carried
Resolution #C-067-17
Moved by Councillor Hooper, seconded by Councillor Neal
That all subdivision agreements provide that best practices for dust management be
followed; and
That a dust management plan be approved by the Director of Engineering Services,
moving forward now and into the future.
Carried later in the meeting
Councillor Traill re-entered the meeting.
The foregoing Resolution #C-067-17 was then put to a vote and carried on the following
recorded vote:
Council Member Yes No Declaration of
Pecuniary Interest
Absent
Councillor Woo √
Councillor Cooke √
Councillor Hooper √
Councillor Neal √
Councillor Partner √
Councillor Traill √
Mayor Foster √
Section 16 - Other Business is further considered later in the meeting.
7
Council
Minutes
March 20, 2017
- 3 -
5 Adoption of Minutes of Previous Meeting
Resolution #C-068-17
Moved by Councillor Traill, seconded by Councillor Partner
That the minutes of a regular meeting of February 27, 2017, be approved.
Carried
Resolution #C-069-17
Moved by Councillor Traill, seconded by Councillor Partner
That the minutes of a special meeting of March 6, 2017, be approved.
Carried
6 Presentations
Mayor Foster presented a Congratulatory Certificate to Mary Anne Found in
recognition of her ten years of dedicated service with the Agricultural Advisory
Committee of Clarington, the Durham Region Federation of Agriculture and
Durham Farm Connections.
Mayor Foster presented a Congratulatory Certificate to Victoria Stock-Belanger in
recognition of her receiving the Horatio Alger Canadian Scholarship.
Resolution #C-070-17
Moved by Councillor Cooke, seconded by Councillor Traill
That Council recess for ten minutes.
Carried
The meeting reconvened at 8:43 PM.
7 Delegations
There were no Delegations scheduled for this meeting.
8 Communications – Receive for information
There were no Communications to be received for information.
9 Communications – Direction
There were no Communications for direction.
8
Council
Minutes
March 20, 2017
- 4 -
10 Committee Reports
Advisory Committee Reports
10.1.1 Minutes of the Minutes of the Clarington Heritage Committee dated
February 21, 2017
10.1.2 Minutes of the Minutes of the Agricultural Advisory Committee dated
February 9, 2017
10.1.3 Minutes of the Minutes of the Orono Arena Community Centre Board dated
February 28, 2017
10.1.4 Minutes of the Clarington Museum & Archives Board dated February 8, 2017
10.1.5 Minutes of the Clarington Accessibility Advisory Committee dated
March 1, 2017
10.1.6 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee
dated March 14, 2017
Resolution #C-071-17
Moved by Councillor Neal, seconded by Councillor Hooper
That Advisory Committee Report Items 10.1.1 to 10.1.6 be received for information.
Carried
General Government Committee Report of March 6, 2017
Resolution #C-072-17
Moved by Councillor Cooke, seconded by Councillor Hooper
That the recommendations contained in the General Government Committee Report of
March 6, 2017 be approved, on consent, with the exception of item #2.
Carried
Councillor Traill declared an interest in accordance with the Municipal Conflict of
Interest Act, with respect to Item 2 of the General Committee Report, as it relates to her
law practice and left the Council Chambers during discussion and voting on this matter.
9
Council
Minutes
March 20, 2017
- 5 -
Item 2 – Lorraine Sunstrum-Mann, Executive Director, Grandview Children’s
Centre Regarding the Grandview Children’s Centre Annual Update
Resolution #C-073-17
Moved by Councillor Cooke, seconded by Councillor Neal
Whereas the Council of the Municipality of Clarington supports the Grandview
Children’s Centre and the many valuable services they provide within Durham Region;
and
Whereas the existing service demands for the Region of Durham exceeds the existing
infrastructure and facilities;
Now therefore be it resolved that the Premier of Ontario be requested to provide the
necessary funding to enable the Grandview Children’s Centre to build the much needed
facilities in Ajax as presented; and
That the delegation of Lorraine Sunstrum-Mann, Executive Director, Grandview
Children’s Centre regarding the Grandview Children’s Centre annual update, be
received with thanks.
Carried
Councillor Traill returned to the meeting.
Planning & Development Committee Report of March 13, 2017
Resolution #C-074-17
Moved by Councillor Woo, seconded by Councillor Traill
That the recommendations contained in the Planning & Development Committee Report
of March 13, 2017 be approved, on consent, with the exception of item #2.
Carried
Item 2 – 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 #C-075-17
Moved by Councillor Neal, seconded by Councillor Hooper
That Report PSD-015-17 be received;
10
Council
Minutes
March 20, 2017
- 6 -
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
11 Staff Reports
Report EGD-008-17 - Middle Road Reconstruction
Resolution #C-076-17
Moved by Councillor Cooke, seconded by Councillor Hooper
That Report EGD-008-17 be received;
That the construction of Middle Road, from Concession Road 3 to 1 km north, be
awarded to Hardco Construction in the amount of $2,998,362.88 inclusive of HST, or
$2,801,613.76 blended HST;
That Purchasing By-law 2015-022 Section 22 (f) be exercised for the works associated
with the reconstruction of Middle Road;
That the Municipality’s share of the Middle Road construction works in the amount of
$1,781,244.68 (net HST) and contingency of $175,000 (net HST) be funded from
Account No. 110-32-330-83268-7401 previously approved as part of the 2016 Capital
Budget; and
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Council
Minutes
March 20, 2017
- 7 -
That the balance of the Middle Road construction costs in the amount of $1,020,369.08
and contingency of $100,000 (both inclusive of HST) be funded by benefiting
developers.
Carried
12 Business Arising from Procedural Notice of Motion
There was no Business Arising from Procedural Notice of Motion considered under this
Section of the Agenda.
13 Unfinished Business
There was no Unfinished Business considered under this Section of the Agenda.
14 By-laws
Resolution #C-077-17
Moved by Councillor Hooper, seconded by Councillor Cooke
That leave be granted to introduce By-laws 2017-024 to 2017-030
14.1 2017-024 Being a By-law to establish, lay out and dedicate certain lands as public
highways in the Municipality of Clarington, to assume certain streets within the
Municipality of Clarington as public highways in the Municipality of Clarington,
and to name them (Item 4 of General Government Committee)
14.2 2017-025 Being a By-law to authorize the Corporation of the Municipality of Clarington
and the Province to enter into the Ontario Community Infrastructure Fund –
Application-Based Component Agreement (Item 5 of General Government
Committee)
14.3 2017-026 Being a By-law to amend By-law 2003-101, regulating the dumping, disposing
and removing of refuse, debris, litter and other waste materials on lands within
the Municipality of Clarington (Item 7 of General Government Committee)
14.4 2017-27 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington (Modo Bowmanville Towns
Ltd., Fifty Five Clarington Ltd. and Devon Daniell (Item 2 of Planning &
Development Committee)
14.5 2017-28 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington (Nathan Thomas) (Item 4 of
Planning & Development Committee)
12
Council
Minutes
March 20, 2017
- 8 -
14.6 2017-29 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington (2084165 Ontario Limited and
Akero Development Inc.) (Item 5 of Planning & Development Committee)
14.7 2017-30 Being a By-law to amend Property Standards By-law 2007-070 (Item 6 of
Planning & Development Committee); and
That the said by-laws be approved.
Carried
15 Procedural Notices of Motion
There was no Procedural Notice of Motion considered under this Section of the Agenda.
16 Other Business
Councillor Neal questioned the Municipal policy with respect to recently paved streets
being excavated by developers to install services and not being reconstructed to the
previous condition. The Director of Engineering Services outlined the municipal practice
of installing trenches and resurfacing the roads to ensure the Municipal investment is
not compromised.
17 Confirming By-law
Resolution #C-078-17
Moved by Councillor Hooper, seconded by Councillor Cooke
That leave be granted to introduce By-law 2017-031, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held on
the 20th day of March, 2017; and
That the said by-law be approved.
Carried
18 Adjournment
Resolution #C-079-17
Moved by Councillor Partner, seconded by Councillor Traill
That the meeting adjourn at 8:54 PM.
Carried
_____________________ __________________
Mayor Municipal Clerk
13
Newcastle Memorial Arena Management Board
Municipality of Clarington
Minutes of Meeting – February 14, 2017
(Not yet approved by committee)
In Attendance – Gord Lee, Chair Bryan Wiltshire, Arena Manager
Carol Little, Peter Kennedy, Susan White, Councillor Partner, Jay Summers, Gary Oliver.
Regrets – Councillor Woo, Shea Lea Latchford
1. Call to Order: 7:06 P.M.
2. Adoption of Minutes - Motion # 17-103 was proposed: THAT: The minutes of January
10, 2017 are accepted, as presented.
Moved by: Jay Summers Seconded by: Carol Little
CARRIED
3. Arena Manager’s Report – Bryan advised that the outside lighting on the building had
all been updated by the operations department and now operated with LED lights. Our
Member of Parliament, Ms. Kim Rudd had been in attendance for her Free Skating Day
and photos had been posted on our new Facebook Page. It was also noted that our M.P.P.,
Grandville Anderson was having Free Public Skating Days during the March Break at
various arenas within the region; two in Clarington. However, this was the second year he
had not offered this program to Newcastle Arena. Our chair offered to contact him
personally or, his office to discuss. Regarding the FB page, Bryan had visited with Peter
Kennedy and his partner, Judy and acquired a good knowledge on the new Web Page and
Face Book for the arena. Appreciation was extended by all our members to Peter and
Judy for setting up these programs. The Newcastle & District Chamber of Commerce had
cancelled their Spring Home Show at the arena.
Snack Bar situations were discussed again and the general consensus from the members
is to close it down and resort to a full vending service. No motion was proposed but,
serious consideration must take place this spring, when the ice comes out. In the interim,
members of the board will seek out information on a suitable full service vendor and
report back at our next meeting.
14
(2)
4. Financial Report – Accounts receivables for 01/31/17 were presented at $68,604.13
with 72% ($49,000.00) being current. Bryan continues to work on the receivable sand
reports to the chair on a weekly basis. The income statement showed revenue at
$50,389.48 for the first month of the year, 2017. A partial income forecast was provided
and the following motions were proposed:
Motion # 17-004 – Hourly wages for Bryan Wiltshire and his lead hand, Matt Lee be
increased by approximately 3% - .80c per hour for Bryan and .40c per hour for Matt,
bringing their hourly rate to $28.30 and $14.90, respectively.
Moved by: Susan White Seconded by: Carol Little
CARRIED
Motion # 17- 005 – Ice Rates for the 2017-18, (Sept. 2017 to March 2018) to be
increased by approximately 5% .
Moved by: Gary Oliver Seconded by: Councillor Partner
CARRIED
Motion # 17 -006 – General expense forecasts in Hydro, Heating and Water Services are
to be set at the following budgets: Hydro: $72,000.00, Heating Costs, $10,000.00, Water,
$7,000.00.
Moved by: Gary Oliver Seconded by: Susan White
CARRIED
The chair advised he would make the recommended changes to the forecast for 2017 and
present a completed income forecast for approval at the March meeting.
5. Health & Safety: Three policy statements from the Municipality of Clarington’s Health
& Safety Procedures Binder were discussed. Motions to accept two of the policy
statements were proposed:
Motion # 17-007 – Acceptance by the board members of the Workplace Violence Policy
and the Workplace Harassment Policy are both approved and to be signed and dated by
the chair. The Health and Safety Policy Statement was still waiting for clarification and
further discussion.
Moved by: Susan White Seconded by: Peter Kennedy
CARRIED
15
(3)
Bryan and Susan reported on their health & safety walk - through of the building. Bryan
was organizing and reviewing all correspondence and setting up proper storage areas for
convenient access to policies and procedures – also, reviewing each with employees.
On the Harassment policy presented by the municipality a number of the board members
questioned sensitivity issues by an employee that was uncomfortable discussing the
incident with Bryan, the arena’s only management person. Who would he or she talk
with? Councillor Partner suggested we should discuss that with the municipality human
resources department - perhaps, Lisa Weller at the town hall. It will be taken up and
clarified by the chair.
6. New Business – The “A” type sign for the Edward Street Boulevard is complete and on
location – It advertises both: Our Sunday Public Skate Times and our Tuesday Mom and
Tots Program and adults skate. Bryan was waiting on his follow-up call to the Clarington
Recreational Lacrosse League for their summer floor schedule. The Ball Hockey League
is scheduled to start Sunday April 9th, 2017.
Our current Ice & Floor Rental Contract Form has been submitted to the Operations
Department for review and/or revisions.
7. Next Meeting: Tuesday March 14, 2017
8. Adjournment – Motion # 17-008 THAT: The meeting be adjourned
Moved by: Susan White Seconded by: Councillor Partner
CARRIED
16
General Government Committee
Report to Council
Page 1
Report to Council Meeting of April 10, 2017
Subject: General Government Committee Meeting of Monday, March 27, 2017
Recommendations:
1. Receive for Information
(a) 8.1 Minutes of the Newcastle Village Community Hall Board,
dated January 17, 2017 and February 21, 2017 and February
28, 2017
(b) 8.2 Minutes of the Ganaraska Region Conservation Authority
dates December 8, 2016
(c) 8.3 Minutes of the Tyrone Community Centre, dated March 15,
2017
(d) 8.4 Karen Martin, Clerk, Township of Zorra – Automatic External
Defibrillators in Ontario Schools
(e) 8.5 Dave Keys, Environmental Manager, Blackbird Constructors
407 General Partnership – Highway 407 East Phase 2 Design
and Construction Report #5
(f) OPD-003-17 2016 Winter Budget Report
(g) OPD-004-17 Pitch In Week
(h) CLD-007-17 Online Visitor Parking Pass
(i) FND-003-17 Mayor and Council Remuneration and Expenses for 2016
(j) FND-006-17 Building Permit Fees Annual Report for 2016
(k) CAO-006-17 Mid-Term Report on the Status of the Implementation of the
2015-2018 Strategic Plan
17
General Government Committee
Report to Council
For Council Meeting of April 10, 2017 Page 2
2. Jaki MacKinnon, Bethesda House Shelter and Community Outreach
Services, Regarding Bethesda House Men’s Walk Against Domestic
Violence
That the delegation of Jaki MacKinnon, Bethesda House Shelter and Community
Outreach Services, regarding Bethesda House Men’s Walk Against Domestic
Violence, be received with thanks.
3. Kris-John Kucharik, Fundraising Specialist – Durham Region, Canadian
Cancer Society, Durham Regional Office, Regarding Awareness of
Daffodil Month in Clarington and the Distribution of Daffodil Pins
That the delegation of Kris-John Kucharik, Fundraising Specialist – Durham
Region, Canadian Cancer Society, Durham Regional Office, regarding awareness
of Daffodil Month in Clarington and the distribution of Daffodil Pins, be received with
thanks.
4. Foster Creek North Subdivision Phase 1A, Newcastle, Plan 40M-2445
‘Certificate of Acceptance’ and ‘Assumption By law’, Final Works
Including Roads and Other Related Works
That Report EGD-010-17 be received;
That the Director of Engineering Services be authorized to issue a ‘Certificate of
Acceptance’ for the Final Works, which includes final stage roads and other related
Works, constructed within Plan 40M-2445;
That Council approve the by-law attached to Report EGD-010-17 (Attachment 2 to
Report EGD-010-17) assuming certain streets within Plan 40M-2445 as public
highway; and
That all interested parties listed in Report EGD-010-17 be advised of Council’s
decision.
18
General Government Committee
Report to Council
For Council Meeting of April 10, 2017 Page 3
5. Emergency and Fire Services - Governing By-Law Update, Automatic
Aid Agreement Update
That Report ESD-002-17 be received;
That the updated Emergency and Fire Services Governing By-law (Attachment 1 to
Report ESD-002-17) be forwarded to Council for approval;
That the Mayor and Clerk be authorized to execute the Automatic Aid Agreement
with Port Hope, Attachment 2 to Report ESD-002-17; and
That By-law 2010-077 and By-law 2001-172 be repealed.
6. Co-op Tender for the Supply, Delivery and Application of Liquid
Calcium Magnesium Chloride
That Report COD-002-17 be received;
That all interested parties listed in Report COD-002-17 and any delegations be
advised of Council's decision by the Purchasing Division;
That Miller Paving Limited, with a bid in the amount of $149,819.80 (Net of HST),
being the low, compliant bidder meeting all terms, conditions and specifications of
Co-Op Tender T-539-2017 Supply, Delivery and Application of Liquid Calcium
Magnesium Chloride (Section II) be awarded the contract, as recommended by the
Operations Department;
That Miller Paving Limited, with a total bid in the amount of $10,532.16 (Net of
HST), being the only compliant bidder meeting all terms, conditions and
specifications for the supply and delivery of bagged flaked magnesium chloride
(Section IV) be awarded the contract, as recommended by the Operations
Department;
That pending satisfactory pricing and service the Purchasing Manager be given
authority to extend the contract for these goods and services for a second and third
year; and
That funds required be drawn from the Operations Department annual operating
accounts.
19
General Government Committee
Report to Council
For Council Meeting of April 10, 2017 Page 4
7. Health and Safety Committee – 2016 Summary
That Report COD-003-17 be received; and
That Council endorse the updated Corporate Harassment and the Health & Safety
Policy Statement (Attachment 1 to Report COD-003-17).
8. City of Oshawa Application to Join the Durham Municipal Insurance
Pool (DMIP)
That Report FND-004-17 be received; and
That the Municipality of Clarington approve the City of Oshawa’s application to join
the Durham Municipal Insurance Pool (DMIP) effective July 1, 2017.
9. Plowing of Secondary Roads
That Staff be directed to report back to a General Government Committee meeting
on the following:
• cost of using private contractors to plow secondary roads to supplement
staff resources where the road would otherwise remain unplowed for 24
hours; and
• any resulting savings in overtime.
20
Planning & Development Committee
Report to Council
Page 1
Report to Council Meeting of April 10, 2017
Subject: Planning & Development Committee Meeting of Monday, April 3, 2017
Recommendations:
1. An Application by Gyaltsan Property Management Inc. to Relocate a
Previously Approved Five-Storey, Mixed-Use Building Away from
Beaver Street South, Newcastle
That Report PSD-023-17 be received;
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
That all interested parties listed in Report PSD-023-17 and any delegations be
advised of Council’s decision.
2. Correspondence Item 10.1 from Jennifer Kanters, Office Administrator,
Darlington Soccer Club – Request for an Exemption to the Sign By-law
Whereas the Municipality has a Corporate Policy for “Exterior Signage on Municipal
Property for Recognized Agencies and Groups”, and
Whereas the policy allows community groups and non-profit/not-for-profit
organizations to use municipal property for the placement of mobile signs on a first
come, first serve basis in a location specified by the responsible department and in
keeping with the limitations of the policy; and
Whereas Council wishes to authorize the use of the municipally owned land at
Clarington Fields at 2375 Baseline Road West, Bowmanville for the use of one
mobile sign by the Darlington Soccer Club; and
Whereas the corporate policy addresses the timing, placement and removal of the
signage;
Now Therefore Be It Resolved That, a second mobile sign be permitted for use by
the Darlington Soccer Club beginning two weeks prior to and inclusive of the
registration period at a location to be determined by Municipal staff for 2375
Baseline Road West;
21
Planning & Development Committee
Report to Council
For Council Meeting of April 10, 2017 Page 2
That the temporary exemption only apply until such time as a permanent electronic
message sign has been installed for the Clarington Fields facility; and
That the CAO be authorized to make the necessary temporary exemption to
Corporate Policy H-35 to meet the intent of this resolution.
3. An Application by Newcastle Lodge for Senior and Family Dwellings to
Construct a Six Storey, Mixed-Use Building Addition on King Avenue
East, Newcastle
That Report PSD-022-17 be received;
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
That all interested parties listed in Report PSD-022-17 and any delegations be
advised of Council’s decision.
4. 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
That Report PSD-024-17 be received;
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;
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;
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
That all interested parties listed in Report PSD-024-17 and any delegations be
advised of Council’s decision.
22
Planning & Development Committee
Report to Council
For Council Meeting of April 10, 2017 Page 3
5. Proposed Growth and Greenbelt Plans
Whereas the proposed growth and greenbelt plans are going to Cabinet on
Wednesday, April 5, 2017;
Now therefore be it resolved that the Municipality of Clarington request that the
plans be delayed until there is a meeting of the Greater Toronto and Hamilton Area
Mayors and Chairs.
6. Information on Parking and Patios
That Planning Staff report back on the feasibility of implementing a pilot project to
permit restaurants in the downtown Bowmanville business area to use on-street
parking spaces as a patio for patrons to eat and drink outdoors; and
That staff consult with the Bowmanville BIA and restaurant owners in drafting the
above report, as well as other interested departments such as By-law Enforcement
and Emergency and Fire Services.
23
Engineering 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: Council
Date of Meeting: April 10, 2017
Report Number: EGD-012-17 Resolution:
File Number: By-law Number:
Report Subject: Liberty Crossings Neighbourhood Dust Control Status Update
Recommendations:
1.That Report EGD-012-17 be received for information.
Unfinished Business Item 13.1
24
Municipality of Clarington
Report EGD-012-17 Page 2
Report Overview
On March 27th, 2017 Council asked for a report to be prepared for the Council meeting of
April 10th to provide a status update on the dust issues at Liberty Crossings and to look at
where we are going next. On April 3rd, Staff met with representatives from the community to
look at what happened during the dust storm, how it impacted people and how we can work
together in a collaborative and co-operative way to address both current outstanding issues
and ways to improve practices going forward. It was recognized that if we are to bring the
right people together as part of a constructive review of current practices the residents will
be an important part of the process. Staff will begin working with local experts and area
municipalities to prepare a draft set of Best Practices that the residents of Liberty Crossings
will be asked to comment on as part of a Public Information Centre that will be held at Town
Hall at a time that is convenient to the residents.
To address questions around soil quality and testing a copy of the soils report has been
circulated through the Liberty Crossings neighbourhood spokesperson so that it could be
demonstrated that soils at the subject site do meet Table 1 under the relevant guidelines. To
complete the report we will explain what is being done to contain dust at the site now and
what will be done going forward. The residents also asked us to clarify the build out
timelines for the developments in their area which we anticipate to be two to four years. We
have also provided the contact information for the insurance adjustor to whom they can refer
their claims.
1. Background
At the March 27, 2017 General Government Committee Council heard from Mr. Byron
Faretis, who is the community spokesperson, who spoke on behalf of the residents of
Liberty Crossings recently impacted by the dust storm in north Bowmanville. The
following Resolution was passed:
That the delegation of Byron Faretis be referred to staff to update the Members of
Council at the Council meeting of April 10, 2017 on dust control measures being
implemented for the subdivisions in the vicinity of the Liberty Crossing area; and
That Staff update Council at the Council meeting of April 10, 2017 on any soil tests, and
the results.
This report will provide that update and answer the outstanding questions raised at the
March 27th General Government Committee meeting, but first a brief history.
2. A History of the Current Issues
In March Durham Region experienced high winds and cold, dry weather conditions, which
when combined with lack of snow cover, resulting in a substantial dust storm in the
Liberty Crossings neighbourhood of north Bowmanville (see Attachment 1). The impacts
of the dust storm were widely felt across the Liberty Crossings community as children at
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Municipality of Clarington
Report EGD-012-17 Page 3
home for March break found it difficult to play outside, homes and vehicles were coated in
dust and debris was blown around the streets.
It was notable that even under these challenging circumstances the community came
together, not only in support of each other but also of staff who were dealing with over a
hundred calls while liaising with various agencies and the media, all the while
implementing a comprehensive response plan that went above and beyond standard
industry practices. Despite the hardships residents faced they have been respectful and
supportive of staff but understandably want everything possible done to address any
current issues outstanding while also looking at opportunities for improvements going
forward.
3. Responding to the Community
On April 3rd, 2017 Staff met with representatives from the Liberty Crossings community
who were looking both for answers as to where things currently stand and for ways to
work together to review current practices to find areas of opportunity for improvement.
At the meeting Mr. Faretis began by identifying key concerns for the community now that
the immediate crisis has passed. The questions raised were:
1. How can we as a community be sure that the soils that became airborne during the
storm are deemed to be safe?
2. What dust control measures will the Municipality put in place, where will they be
located and how can we influence best practices for the future?
3. What is the build out timing for the developments being constructed in our area?
4. Can you provide clear direction in writing as to the claims process?
A discussion took place and the following was established:
3.1 Soil Safety
The most important concern for the community is understandably around the issue
of soil safety given that the current development is on the site of a previously active apple
orchard. The residents wanted assurances that the materials that were airborne during
the storm have been tested and are at levels deemed appropriate and safe.
In Ontario the Ministry of Environment is strict in its enforcement of Soil Site Condition
Standards in order to protect both human and environmental health. The purpose of
these standards is to ensure that contaminants are fully assessed and controlled. Under
Ontario Regulation 153/04 the Province imposes regulations through a series of Tables
of Site Condition Standards. When soil site conditions fit within Table 1 what this means
essentially is that:
26
Municipality of Clarington
Report EGD-012-17 Page 4
The soil standards in Table 1 are background values derived from the Ontario
Typical Range values for the land uses indicated and are considered representative
of upper limits of typical province-wide background concentrations in soils that are not
contaminated by point sources.
These values are considered to be generally achievable in site situations typical of
background while providing a level of human health and ecosystem protection consistent
with background conditions and protective of sensitive ecosystems.
These values are within the range of measured background sediment where data is
available in the 1993 Sediment Guidelines and are considered to provide a level of
human health and ecosystem protection consistent with background and protective of
sensitive ecosystems.
In 2015 the soils at the subject site were tested by a third party consultant who
specializes in material testing that is conducted in a laboratory with an internationally
recognized accreditation body [eg. Standards Council of Canada (SCC) or Canadian
Association for Laboratory Accreditation (CALA], in accordance with the International
Standard ISO/IEC 17025 General Requirements for the Competence of Testing and
Calibration Laboratories. The test results that the Municipality has on file demonstrates
that the test results taken from multiple boreholes across the full site came back with a
range consistent with Table 1 values.
A copy of the Soils Report has been provided electronically to the community
spokesperson, Mr. Byron Faretis who has agreed to circulate to interested members of
the community. For others with an interest in viewing the report a copy is on file within
the Engineering Services Department.
3.2 Dust Control Measures
The residents talked about the impact of the storm and about the difficulties of living in an
area that is actively being built out and explained that both the challenges of everyday
living as well as the impacts of the storm need to be considered.
We began with a discussion of standard dust mitigation measures:
1. Dust suppressant material has been applied and will continue to be used as
necessary.
2. A water truck is on site fulltime and will be used to wet the material as necessary.
Additional wind control fencing has been installed at the site to help disrupt the wind
from carrying dust off site.
3. The developer’s consultant has been inspecting the site daily and recording the
conditions and have been monitoring forecast patterns for air temperature and wind
speed and direction.
4. Municipal staff have confirmed the site is being actively monitored 7 days a week.
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Municipality of Clarington
Report EGD-012-17 Page 5
These are long-term measures that will continue to be used during the pre-servicing
(earthworks) and the servicing of the site. It is believed that as the topography of the
land changes and housing construction begins the measures being used may need to
be reviewed to reflect changing conditions. Similar to the Orchard View subdivision we
will be requesting that the developer implement the following when deemed necessary
and practical to do so.
1. The water truck will be used to wet the material.
2. Sprinklers will be requested.
3. Lots will be sodded as soon as reasonably possible.
4. We will look at requesting that some of the houses by Concession 3 be built first to
help disrupt the wind.
5. Other practices as required.
3.3 A Review of Best Practices
The dust control measures that the Municipality currently employs are standard industry
practices used across Ontario but the recent challenges have made us aware that a
review of our standard practices is appropriate given that weather patterns are changing.
On January 6, 2017 the Insurance Bureau of Canada released a statement stating the
following:
“Severe weather due to climate change is already costing Canadians billions of
dollars annually,” said Don Forgeron, President and CEO, Insurance Bureau of
Canada (IBC). The record damage reported in 2016 is part of an upward trend that
shows no signs of stopping.
As weather conditions change and severe storm activity tests the limits of standard
practices we need to look at ways to respond. Starting immediately staff will begin
reaching out to local area municipalities, industry experts and other relevant agencies to
look at developing a set of best practices for dust management. Once a draft document
is prepared staff will turn to the people who were closest to this issue, the residents at
Liberty Crossings, and will invite them to participate in a consultation partnership process
that will be initiated through a Public Information Centre to be held at Town Hall. Public
consultation provides a unique opportunity to define the problems from various angles
and allows for creativity in resolving them.
28
Municipality of Clarington
Report EGD-012-17 Page 6
3.4 The Claims Process
There is no doubt that the recent wind storms created nuisance, inconvenience and
potential claims and in no way is the Municipality intending to minimize the impacts
residents have experienced. To assist them in navigating through the claims process it is
important that the residents are directed to the people with the responsibility and
expertise to help. What residents expressed to us in the meeting was that they needed
contact information for the Municipal insurance representative to whom they should be
directing their claims. This information will be made available to those in the community
that we may not yet have reached through the community spokesperson, Mr. Byron
Faretis.
3.5 Build Out Timelines
The residents asked for information about the build out timelines for development in their
area given that these timelines impact their lives. It was explained that the expectation is
two to four years depending on various issues such as how well houses in that area sell
barring any unforeseen challenges.
6. Concurrence
Not Applicable
7. Conclusion
At the conclusion of the April 3rd meeting with residents it was agreed that there had been
significant progress made by working together in a collaborative manner so that all sides
of the issue are heard. Staff committed to looking at every opportunity to address any
current issues outstanding even if it means going beyond standard practices. Field visits
will be conducted and further dialogue will be encouraged. However, what seems to offer
the most promise is sitting down together with a willing community who can offer personal
insight into how future best practices should take shape. Once a draft document is ready
a Public Information Centre will be scheduled at a time that is convenient for the residents
so that we can be sure that they have an opportunity to influence the process.
29
Municipality of Clarington
Report EGD-012-17 Page 7
8. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
Anthony Cannella, Curry Clifford, MPA, CMO
Director of Engineering Services Interim CAO
Staff Contact: Tony Ricciardi, Manager of Construction, (905) 623-3379, Ext. 2322 or
tricciardi@clarington.net
Attachments:
Attachment 1 – Key Map
The following is a list of interested parties:
Byron Faretis
Kevin O’Halloran
Bryan Locke
Larry & Shirley Pennell
Pat Valiquette
Tony Micallef
Gerry Theriault
30
HOCKLEY AVENUE
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REPORT EGD-012-17
Liberty Crossing Report.mxd
DRAWN BY:
.
BOWMANVILLE
DATE:
FILE NAME:
April 4, 2017
E.L.
ATTACHMENT No. 1
J:\Engineering\Attachments\Attachments Post ESRI Upgrade\Liberty Crossing Report.mxd
Legend
Orchard View
Liberty Crossing
Valiant 5
Northglen East
Northglen West
DAVID BAKER CT31
Unfinished Business Item 13.2
Excerpt of the General Government Committee Minutes of March 27, 2017
15.1 CLD-006-17 Municipal Elections - Methods of Elections
Resolution #GG-001-17
Moved by Mayor Foster, seconded by Councillor Partner
That Report CLD-006-17 be received;
That the Council of the Municipality of Clarington endorse Internet and Telephone
Voting for Advance Polls and Voting Day (Option 2) as the preferred method of voting
for the Municipality of Clarington, beginning with the 2018 Municipal Elections; and
That Attachment 2 of Report CLD-006-17, the draft by-law to authorize the use of
internet and telephone voting, and to repeal By-law 2013-038 (which authorizes the use
of vote tabulators, special ballots, and accessible equipment for Municipal Elections), be
approved.
Motion Tabled
Later in the meeting
(See following motions)
Resolution #GG-002-17
Moved by Mayor Foster seconded by Councillor Cooke
That the foregoing Resolution #GG-158-17, regarding Report CLD-006-17, Municipal
Elections - Methods of Elections, be tabled until the Council meeting of April 10, 2017.
Carried
32
Unfinished Business Item 13.3
Excerpt of the General Government Committee Minutes of March 27, 2017
15.3 CLD-008-17 Senior of the Year Nominations
Suspend the Rules
Resolution #GG-162-17
Moved by Councillor Neal, seconded by Councillor Cooke
That the rules of procedure be suspended to allow the Committee to conduct a vote by
ballot to select Clarington’s Senior of the Year nominee.
Carried
Resolution #GG-163-17
Moved by Councillor Cooke, seconded by Councillor Hooper
That Report CLD-008-17 be received;
That one individual be selected as Clarington's nominee for the 2017 Senior of the Year
Award;
That all interested parties listed in Report CLD-008-17 and any delegations be advised
of Council's decision.
Motion Tabled
(See following motions)
Resolution #GG-164-17
Moved by Mayor Foster, seconded by Councillor Neal
That the foregoing Resolution #GG-163-17 be amended by adding the following
paragraph two:
“That Mr. Jim Boate be added as a nominee for the 2017 Senior of the Year
Award.”
See following Motion
Resolution #GG-165-17
Moved by Councillor Partner seconded by Councillor Neal
That the foregoing Resolutions #GG-163-17 and #GG-164-17, regarding Report
CLD-008-17, Senior of the Year Nominations, be tabled until the Council meeting of
April 10, 2017.
Carried
33
Unfinished Business Item 13.4
Excerpt of the Planning and Development Committee Minutes of April 3, 2017
The following amended Resolution was referred to the April 10, 2017 Council meeting:
12.5 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
Resolution #PD-060-17
Moved by Councillor Partner, seconded by Councillor Cooke
That Report PSD-025-17 be received;
That Staff be directed to contact all surrounding property owners within 500 metres of
the subject property to notify them of the application details and to direct their concerns
to the Planning Services Department prior to the Council meeting of April 10, 2017;
That, pending no opposition to the application, Council approves the electronic
message board sign at 3745 Highway #2, Newcastle (better known as Bloom Field
Farms); and
That all interested parties listed in Report PSD-025-17 and any delegations be advised
of Council’s decision.
34
Planning Services
Public Meeting Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: 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:
1.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.
Unfinished Business 13.5
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Municipality of Clarington
Report PSD-021-17 Page 2
Report Overview
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.
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Municipality of Clarington
Report PSD-021-17 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.
1.4. Area: 6.56 hectares (16.2 acres)
1.5. Location: 2383 Highway 2, Bowmanville
1.6. Roll Number: 1817-010-020-17200
1.7. Within Built Boundary: Yes
2. Background
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 façade.
Figure 1 – Vacant building formerly occupied by Target
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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 façade, 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.
38
Municipality of Clarington
Report PSD-021-17 Page 5
Figure 2 – Proposed Site Plan
39
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.
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
40
Municipality of Clarington
Report PSD-021-17 Page 7
4. Provincial Policy
4.1 Provincial Policy Statement
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
41
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
42
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.
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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.
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• 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.
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7.5 Phase 1 Environmental Site Assessment
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
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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
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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
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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:
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• Outdoor storage area for lumber along Clarington Boulevard;
• Pedestrian connectivity to the plaza from Clarington Boulevard through the
loading/contractors entrance;
• 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-façade 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.
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Report PSD-021-17 Page 17
Building Design
• The canopy above the customer loading area should be articulated to enhance the
corner and the street façade 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.
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13.Conclusion
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: Reviewed by:
David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO,
Director of Planning Services Interim CAO
Staff Contact: Nicole Zambri, Planner, 905-623-3379 ext. 2422 or nzambri@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
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(for)
52
Municipality of ClaringtonReport PSD-021-17 Attachment 1 to Report PSD-021-17
53
Attachment 2 to
Municipality of Clarington Report PSD-021-17
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.
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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:
1. 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
facility, and do-it-yourself training facilities are permitted 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 a maximum of 17,000 square metres of total
floor area may be constructed or used for any one or more of the
following uses purposes:
xi) Accessory garden centre or seasonal garden centre accessory to a
department store or supermarket;
xx) home improvement store
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Attachment 3 to
Municipality of Clarington Report PSD-021-17
e. Regulations:
i) No building may be used on any one or more portions of the lands
zoned (C1-14) for the purposes of one or more of the permitted non-
residential uses listed in Section 16.5.14 of the By-law unless a
department store, which contains at least 6,500 square metres of total
floor area, is constructed and operated on the lands zoned C1-14.
ii) A maximum of 17,000 square metres of total floor area may be
constructed and used.
iii) i) Location of building from the southerly limit of Highway No. 2 and
easterly limit of Green Road (minimum) 3 metres
iv) 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
ix) v) Notwithstanding clause (iv) (iii) 90 metres of the southerly business
establishment street façade may be constructed up to 1 metre from
the northerly limit of Prince William Boulevard.
vi) vi) Landscaped open space (minimum) 20 percent
vii) vii) Height of building (maximum) 4 storeys
viii) viii) Loading spaces (minimum) 5
x) 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.
xi) x) Parking space dimensions (minimum) 2.6 m width, 5.5 m length
xii) xi) 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
xiii) xii) The Accessory seasonal garden centres permitted by 16.5.14(e(xii)
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) Notwithstanding Section 16.5.14 (c), the following uses are only
permitted accessory to a home improvement store:
• An outdoor storage area for bulk materials is permitted adjacent to
Clarington Boulevard to a maximum area of 165 square metres,
provided:
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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
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57
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:
1.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.
Unfinished Business 13.16
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Report PSD-026-17 Page 2
Report Overview
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 Bowmanville Village Inc.
1.2 Agent D.G. Biddle & Associates Ltd.
1.3 Proposal: 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.
1.4 Area: 10.67 hectares
1.5 Location: Part of Lot 17, Concession 1, Former Township of
Darlington (West of McPhail Avenue and south of
Woolacott Lane). (See Figure 1)
1.6 Roll Number: 1817 010 020 18520
1.7 Within Built Boundary: No
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Report PSD-026-17 Page 3
2. Background
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.
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Report PSD-026-17 Page 4
Figure 1 – Proposed Draft Plan of Subdivision
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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
3.2 The Darlington Creek and associated natural features are part of a Natural Heritage
System on the site.
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3.3 The surrounding uses are shown in Figure 2 and outlined as follows:
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.
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5. Official Plans
5.1 Durham Regional Official Plan
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.
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5.3 Clarington Official Plan as Amended by Amendment 107
On November 1, 2016, Council adopted the Official Plan Amendment 107 to bring the
Clarington Official Plan into conformity with the Regional Official Plan, 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.
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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.
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7.8 Tree Preservation Plan
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
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9. Agency Comments
9.1 Regional Municipality of Durham
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:
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Coordination with adjacent lands
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.
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Other
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;
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• 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
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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.
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Figure 4 – Cross-Section
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.
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11.5 All taxes owing to the Municipality of Clarington have been paid in full.
12. Concurrence
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@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
I:\^Department\LDO NEW FILING SYSTEM\Application Files\SC Subdivision\S-C 2014\S-C-2014-0002 - Bowmanville Village Inc. (Witzke)\Staff Reports\PSD-026-17\PSD-026-17.docx
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Municipality of Clarington Attachment 1 to
Report PSD-026-17
CONDITIONS OF DRAFT APPROVAL
File Number: S-C-2014-0002
Issued for Review:_March 29, 2017
Notice of Decision: ___________________
Draft Approved: ________________
__________________________
David J. Crome, MCIP, RPP
Director of Planning Services
Municipality of Clarington
Part 1 - PLAN IDENTIFICATION
1. 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:
1. 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-feb2014.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”).
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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.
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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:
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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)
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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.
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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
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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
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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
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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.
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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
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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.
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(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
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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 _____:
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“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.”
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(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.”
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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 L1N 6A3 (905) 668-7721.
(b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario LIH 3T3 (905) 579-0411.
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(c) Ministry of Tourism, Culture and Sport, Culture Programs Unit, Programs and
Services Branch, Culture Division, 401 Bay Street, Suite 1700, Toronto ON
M7A 0A7.
(d) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor,
Scarborough ON, M1P 5A1.
I:\^Department\LDO NEW FILING SYSTEM\PROCEDURAL MANUALS\Subdivision - 2012 Complete-updated June 2016\S-C 14 - Conditions of Draft Approval.docx
91
Municipality of Clarington Attachment 2 to
Report PSD-026-17
J:\REPORTS TO CLERKS\Electronic Reports\2 - Signed by CAO\Attachment 2 - ZBL.docx
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.
92
By-Law passed in open session this _____ day of ____________, 2017
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk
93
94
Hand-outs
And
PowerPoint
Presentations
MUNICIPALITY HAS CHANCE NOW TO COMMENT TO PROTECT
LOCAL INFRASTRUCTURE AND RESIDENTS FROM ADDITIONAL
FINANCIAL PRESSURE
Hwy 407/418 Design
and Construction Report
Gate E -21
Can These impact be mitigated?
Black Creek bridge -Hancock
Gate E –24 & more runoff than infiltration
Overland runoff to roads
Aquifer
Flooding and invasive phragmites
Staff report for action — Final Report - 19 Glen Agar Drive Front Elevation - Building APEAR OF ROOFMIDPOINT OF ROOFTOP OF PLATETOP OTWINDOW THIRD FLOORXTOP OF WINDOWSECOND FLOORTOP OF DOOR/WINGROUND FLOC)FIN. GRADETOP OF SLABzMI7MIDPOINT OF ROOFTOP OF PLATE TOP OF WINDOW —^THIRD FLOOR TOP OF WINDOW- _bSECOND FLOORTOP OF DOOR/WINGROUND FLOORFIN. GRADERear Elevation - Building ATOP OF SLABTypical Front and Rear ElevationsApplicant's Submitted DrawingNot to Scale01091201719 Glen Agar DriveFile # 15 177458 WET 03 OZFile # 15 177470 WET 03 SBAttachment 4: Elevations (Typica
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Attachment 1: Draft Zoning By-law Amendment
CITY OF TORONTO
BY-LAW No. xxx-2017
To amend Chapters 320 and 324 of the former City of Etobicoke Zoning Code with respect
to the lands municipally known as 19 Glen Agar Drive in the year 2017.
Whereas Council of the City of Toronto has the authority pursuant to Section 34 of the Planning
Act, R.S.O. 1990, c. P. 13, as amended, to pass this By-law; and
Whereas Council of the City of Toronto has provided adequate information to the public and has
held at least one public meeting in accordance with the Planning Act;
The Council of the City of Toronto enacts:
1. That the Zoning Map referred to in Section 320-5, Article II of the Zoning Code, and
originally attached to Township of Etobicoke By-law No. 11737, is hereby amended by
changing the classification of the lands located in the former Township of Etobicoke as
described in Schedule '1' attached hereto from Second Density Residential (R2) to Second
Density Residential (R2) and Public Open Space Zone (OS), provided the following
provisions shall apply to the development of the lands described in Schedule '1'.
2. Notwithstanding the corresponding provisions of the Etobicoke Zoning Code, the following
development standards shall now be applicable to the lands identified on Schedule '1' attached
hereto.
A. Definitions
(a) Coverage: The percentage of the lot area covered by the building. It shall include
attached private garages, but shall exclude a building or part thereof which is
completely below grade, and building projections into yards or courts such as open
and unroofed porches, verandas and terraces, exterior steps, cornices, chimneys,
fire-escapes, stairways, ramps and open loading platforms.
(b) Grade: The average finished grade level at the intersection of the side yard lot lines
and the front yard lot line
(c) Gross Floor Area: The total area of all floors in a building between the outside
faces of the exterior walls, except for storage rooms where the floor area level is at
least 0.6m below grade, or parking areas for motor vehicles and mechanical rooms.
Laundry and recreation rooms located below grade shall be excluded. Note: a floor
area having a ceiling height greater than 4.6m shall be doubled for the purpose of
calculating Gross floor Area.
(d) Height: The perpendicular distance measured from the average finished grade level
at the intersection of the side yard lot lines and the front yard lot line to the
midpoint of the roof in the case of pitched roofs.
(e)Juliette Balcony: A railing at the outer plane of a window-opening reaching the
Supplementary Report — 19 Glen Agar Drive — Zoning By-law Amendment Application
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(1)
(g)
floor, and having, when the window is open, the appearance of a balcony.
Dwelling Depth: The perpendicular distance measured from the front main wall of
a building to the rear main wall of the building, including an attached garage, but
excluding any Minor Projections.
Minor Projections: For the purposes of this By-law, "minor projections" mean
building elements which may project from the main wall of the building and may
include associated foundations where required, including chimney breasts, roof
eaves, bay windows, window sills, railings, cornices, porches, balconies, canopies,
exterior stairs and ramps, guard rails, and balustrades.
(i) Notwithstanding the above, raised decks, terraces and Juliette balconies
are not permitted above the level of the finished first floor elevation of
any single detached dwelling along the south side of Block C, D, H and
the north side of Block A, as shown on Schedule "2" attached hereto.
B. Permitted Uses
(a) No building or structures shall be erected or used on the lands with a Zone Symbol
R2, except for the following uses:
(i) Single-detached dwellings.
(b) No building or structures shall be erected or used on the lands with a Zone
Symbol OS, except for the following uses:
(i)Public parks and their related recreation facilities, including arts and
cultural facilities, swimming pools, skating rinks, curling rinks, tennis
courts, bowling greens, stadia, field houses, playlots, playgrounds,
playfields, bandstands, washrooms, greenhouses, garden allotments,
plant nurseries, community recreation buildings, and any services
associated with the uses listed herein, including roadways and parking
areas required to support such uses.
(c) A temporary sales office for the purpose of marketing and sales of units
related to the development on the lands identified in Schedule '1' shall be
permitted and shall be exempt from all development standards listed in this
By-law or the Zoning Code.
C. Development Standards
For the purpose of this By-law, the development standards to be applied for each single
detached dwelling in Zone Symbol R2, as shown on Schedule '2', attached hereto, shall
be as follows:
Supplementary Report — 19 Glen Agar Drive — Zoning By-law Amendment Application
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Block Number Block A Block B Block C Block D Blocks E, F, G
Maximum number of single-
detached dwellings
12 27 8 3 3
Maximum height of peaked
roof dwellings
11.65
metres
11.65
metres
11.65
metres
11.65
metres
11.65
metres
Maximum soffit height 10.0 metres 10.0 metres 10.0 metres 10.0 metres 10.0 metres
Maximum dwelling depth 23.0 metres 23.0 metres 23.0 metres 23.0 metres 25.0 metres
Minimum front yard
landscaped area
50 percent 50 percent 50 percent 50 percent 50 percent
Minimum percentage of front
yard landscaped area to be
soft landscaping
70 percent 70 percent 70 percent 70 percent 70 percent
Maximum driveway width 3.5 metres 3.5 metres 3.5 metres 3.5 metres 6.0 metres
Minimum lot area 338 square
metres
250 square
metres
329 square
metres
329 square
metres
305 square
metres
Maximum Gross Floor Area 425 square
metres
425 square
metres
425 square
metres
425 square
metres
375 square
metres
Maximum lot coverage 55 percent 55 percent 55 percent 55 percent 55 percent
Minimum lot frontage per
dwelling unit (measured at
7.5 metres from front lot line)
9.15 metres 9.15 metres 9.15 metres 9.15 metres 9.41 metres
Minimum front yard setback 4.50 metres 4.50 metres 4.50 metres 4.50 metres 4.50 metres
Minimum front yard setback
to garage
5.6 meters 5.6 meters 5.6 meters 5.6 meters 0.6 metres
Minimum rear yard setback 11.40
metres
6.30 metres 11.40 metres 9.80 metres 6.0 metres
Minimum side yard setback One side
0.60 and
one side
1.20 metres
One side
0.60 and one
side 1.20
metres
One side
0.60 and one
side 1.20
metres
One side
0.60 and
one side
1.20 metres
0.60 metres
Maximum distance a minor
projection may extend into a
setback, but in no case less
than 0.6 metres to any lot line
Front:
1.5 metres
Side:
1.5 metres
Rear:
3.0 metres
Front:
1.5 metres
Side:
1.5 metres
Rear:
3.0 metres
Front:
1.5 metres
Side:
1.5 metres
Rear:
3.0 metres
Front:
1.5 metres
Side:
1.5 metres
Rear:
3.0 metres
Front:
1.5 metres
Side:
1.5 metres
Rear:
3.0 metres
Minimum number of parking
spaces in an attached private
garage
1 (one) per
d welling
unit having
internal
dimensions
of at least
2.7 metres
wide by 6.0
metres long
1 (one) per
d welling
unit having
internal
dimensions
of at least
2.7 metres
wide by 6.0
metres long
1 (one) per
d welling
unit having
internal
dimensions
of at least
2.7 metres
wide by 6.0
metres long
1 (one) per
d welling
unit having
internal
dimensions
of at least
2.7 metres
wide by 6.0
metres long
2 (two) per
d welling unit
having internal
dimensions of
at least 2.7
metres wide by
6.0 metres long
Minimum number of private
parking spaces within a
driveway in front of the
garage
1 (one) per
d welling
unit
1 (one) per
dwelling
unit
1 (one) per
dwelling
unit
1 (one) per
dwelling
unit
Nil
Supplementary Report -19 Glen Agar Drive - Zoning By-law Amendment Application
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Minimum number of visitor Nil Nil Nil Nil Nil
parking spaces
a) Notwithstanding Section C above:
(i)Internal stairs providing access to the dwelling unit are permitted to
project into the minimum required internal parking space dimensions by
0.60 metres in length and 0.30 metres in width.
(ii) Stairs may project an additional 1.0 metres into a front or rear setback
3. Within the lands shown on Schedule '1' attached to this By-law, no person shall use any land
or erect or use any building or structure unless the following municipal services are provided
to the lot line and the following provisions are complied with. These provisions will be met
in the initial phase of the development for the entire development. However, no provisions of
this section will apply to lots fronting onto an existing public road:
a) All new public roads have been constructed to a minimum of base curb and base
asphalt and are connected to an existing public highway, and
b) All water mains and sanitary sewers, and appropriate appurtenances, have been
installed and are operational.
4. Where the provisions of this By-law conflict with the provisions of the former City of
Etobicoke Zoning Code, the provisions of this By-law shall take precedence.
5. Unless otherwise noted, this By-law shall apply collectively to the lands described in
Schedule '1' annexed hereto, notwithstanding their future division into parcels and shall be
deemed to have an area of 24,374 square metres.
6. Despite any existing or future severance, partition, or division of the Lands, the provisions of
this By-law shall apply to the whole of the Lands as if no severance, partition or division
occurred.
7. Chapter 324, Site Specifics, of the Etobicoke Zoning Code, is hereby amended to include
reference to this By-law by adding the following to Section 324-1, Table of Site Specific By-
law:
BY-LAW NUMBER AND
ADOPTION DATE
DESCRIPTION OF
PROPERTY
PURPOSE OF BY-LAW
xxx-2017 Lands located east of Glen To rezone the lands from
xxx xx, 2017 Agar Drive between North Second Density Residential
Heights Road and (R2) to Second Density
Beaverbrook Avenue,
municipally known as 19 Glen
Residential (R2) and Public
Open Space Zone (OS) to
Agar Drive.permit up to 53 single-
detached dwellings, subject to
site specific development
standards.
Supplementary Report — 19 Glen Agar Drive — Zoning By-law Amendment Application
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ENACTED AND PASSED this xx day of xxx, A.D. 2017.
FRANCES NUNZIATA, ULLI S. WATKISS
Speaker City Clerk
(Corporate Seal)
Supplementary Report — 19 Glen Agar Drive — Zoning By-law Amendment Application
7
N72°17'35"E 112.330
R2
R2
R2
R2
R2
OS R2
J.
N72°22'00"E 133.320
NOTE: Applicant's Submitted Drawing
111111 TORONTO city Poanning
Schedule A
19 Glen Agar Drive
File # 15 177458 WET 03 OZ
File # 15 177470 WET 03 SB
Not to Scale
0210212017
Supplementary Report — 19 Glen Agar Drive — Zoning By-law Amendment Application
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MORONI City p"
Schedule B
19 Glen Agar Drive
File # 15 177458 WET 03 OZ
File #15 177470 WET 03 SB
Not to Scale
0111912017
Supplementary Report — 19 Glen Agar Drive — Zoning By-law Amendment Application
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Conclusions:
•To reduce flooding, more REFORESTATION/rehabilitation is needed along
Hwy 418 from Pebblestone to Hwy # 2
•With climate change and changing of temperature from day to day/hour to
hour, Nash Rd., Solina Rd. and Hancock Rd. may be damaged
•Residents may be put on additional, not counting with financial stress to
restore these
•Flooding roads may endanger safety of people
•All rural roads on which tracking of soil from or to Hwy 407/418 like Maple
Grove, Rundle, Solina, Enfield, Langmaid were damaged. Will the Province
pay for this damage?
•Clarington should make sure that the invasive phragmites will not surround
Hwy 418/407 and damage Black Creek