Loading...
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 meetings. If you make a delegation or presentation at a Council meeting, the 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 the Council meetings may be video recorded. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net 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. 6 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 11 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 25 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. 27 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 LAURELWOOD STREETSOMERSCALES DRIVESCUGOG STREETWEST SCUGOG LANENICKS STREETLUNNEYCRESCENTCROCKETTPLACECHILDS COURT CONCESSI0N ROAD 3 B O N S A V E N U E K A U K ON E N C TGOODALL CRESCENTCRESCENTPIPERWEST SCUGOG LANEBROUGH COURTCOLVILLE AVENUE ALLISON STREETLOBB CTDARRYL CASWELL WAYB IR M IN G H A M A V E WILLEY DRIVEARGENT STREETJENNINGS DRIVE JENNINGS DRIVEMcCORKELL STALLWORTHCRESCENTC O U R VIE R COURTNEY STREETKEELERCRESCENT G O O D W IN A V E N U E H O N E Y M A N D R IV EWYSE GATEGIMBLETT STHONEYMAN DRIVELANDER CRESCENTBONS AV ENUE LAPRADE SQUARE LONGWORTH AVENUE REBECCA CT P A M E L A C T AVI COURTS Y D E L C O U R T GARY COURTMIDDLE ROADLIBERTY STREET NORTHLIBERTY STREET NORTHHANNING COURTELFORD DR FREELAND FENWICK AVE COPELAND GTELFORD DRIVE POMEROY STG E O R G E WEB STER WAYEDWIN CARR STREETFRED JACKMAN AV MOSES CRES CROMBIE STWILLIAM FAIR DR 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 35 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. 36 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 37 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. 43 Municipality of Clarington Report PSD-021-17 Page 10 As part of the retrofit, additional amendments are requested to accommodate the needs of the Lowe’s operation, such as: • To allow for a garden centre or seasonal garden centre as an accessory to any type of permitted use (green area on Figure 2). • To amend the total days that a seasonal garden centre can occupy the parking area from 90 days to 120 days. • To allow for an outdoor storage area to a maximum of 400 square metres accessory to a home improvement store (orange area on Figure 2). • To allow for an outdoor display area accessory to a home improvement store, within the parking area in the vicinity of the main drive aisle to the building, provided there is no display of building materials, empty pallets, containers, refuse containers or large equipment (purple area on Figure 2). • To allow for an outdoor display area accessory to a permitted use, in the vicinity of the main entrance to the building, provided there is no display of empty pallets, containers, storage units, refuse containers or large equipment. A discussion of the proposed amendments is contained in Section 11 of this report and Staff have suggested some modifications to better reflect the proposal. The recommended amendment to the zoning by-law are included in Attachment 2 to this report. 7. Summary of Background Studies 7.1 The applicant submitted four studies in support of the applications. A summary of their conclusions is provided below. 7.2 Planning Justification Report A Planning Justification report was submitted by KWA Site Development Consulting Inc. in support of the home improvement store as a permitted use. The report offers the following observations about the proposed re-tenanting of the existing building for a home improvement store: • Redevelopment will continue the future viability of the existing shopping centre. • Development is within the Built Boundary of the Growth Plan and optimizes existing land supply and utilizes existing municipal services. • It promotes the rejuvenation and redevelopment of Regional Centres. • It supports the economic function of the Urban Centre. 44 Municipality of Clarington Report PSD-021-17 Page 11 • The proposal is not considered new development, rather, retrofit of existing retail space to accommodate a new tenant that is similar to the previous Target store. The changes are in keeping with the overall character of the existing shopping centre. • The proposal is compatible with all current land uses and satisfies the built-form objectives of the Clarington Official Plan and the Bowmanville West Town Centre Secondary Plan. 7.3 Traffic Review A Traffic Review was completed by Dillon Consulting to address Staff’s concerns regarding traffic movements of customers and truck turning movements of delivery vehicles. Plus potential impacts on entrances and stopping or parking on Prince William Boulevard. The Traffic Review indicated that the traffic at the customer lumber and loading area is relatively minimal and there are many options to disperse the traffic exiting the area. No foreseen problems should arise from vehicle queuing in the lumber loading area which would have an impact on traffic at the Clarington Boulevard entrance. The review demonstrated that truck turning movements can be accommodated and that the lumber truck delivery at a Lowe’s store typically occurs during the weekday in the mid-morning (around 10 am) when customer activity is low. This reduces the amount of conflicts between customer vehicles and the delivery trucks. The review also indicates that all delivery trucks can be accommodated geometrically on site and have space to unload without interfering with other site activity. There is no expectation that trucks will stop on Prince William Boulevard to unload merchandise. 7.4 Environmental Noise Impact Assessment An Environmental Noise Impact Assessment was prepared by Novus Environmental. The purpose of this report was to assess the potential noise impacts from the proposed Lowe’s operations and stationary sources, on the surrounding residents. The Lowe’s will alter the existing building, which could potentially relocate the emergency generator. The current proposal is to leave the generator in its existing location. The worst case scenario for noise impacts was assessed in the event that the generator would be relocated to the south. The study concluded that noise levels from the proposed commercial operations are below the applicable noise guideline limits for the surrounding residents. The Lowe’s is compatible with surrounding land uses, from the perspective of potential noise impacts on both existing and future planned sensitive receptors. 45 Municipality of Clarington Report PSD-021-17 Page 12 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 46 Municipality of Clarington Report PSD-021-17 Page 13 8.2 As of the writing of this report, Staff have received four inquiries regarding this application. Their main concerns were the disappearance of the Hakim Optical and Payless Shoes stores and that there is no demand for another home improvement store. Many expressed an interest in having other specific retailers locate in this building such as Home Sense, No Frills, Michaels, and Giant Tiger. 9. Agency Comments Regional Municipality of Durham At the time of writing this report, Staff did not receive any comments from the Region. 10. Departmental Comments 10.1 Engineering Services The applicant proposes to redevelop an existing commercial block. Engineering has reviewed the application and have no objection to the proposal. Engineering Staff agree with the approach and recommendations provided by the applicant in regards to Site Servicing and Grading, Traffic, Noise Impact and Landscaping. Additional details are required for the Truck Turning Movement Report, which will be addressed through site plan approval. 10.2 Emergency and Fire Services The sprinkler system may have to be modified to suit new tenant. No objection to proposed Official Plan Amendment or Zoning By-law Amendment. 10.3 Building Division No objection to the proposed Official Plan Amendment or Zoning By-law Amendment. 11. Discussion 11.1 Permitting the home improvement store use The site is located within the Bowmanville West Town Centre. Retail commercial and urban activity is to be directed towards this area, however, in the General Commercial designation home improvement stores are explicitly excluded. A review of the Bowmanville West Town Centre policies were initiated in the early 2000’s and at that time, home improvement stores were a use that was limited to Highway Commercial Areas. The rationale behind the exclusion of the home improvement stores was twofold. One reason was that staff considered large format home improvement stores to be more of a quasi-industrial use with bulk storage and daily shipping of bulk goods, outdoor storage and display. It was more suited to a Highway Commercial Area and it was not consistent 47 Municipality of Clarington Report PSD-021-17 Page 14 with the type of urban environment planned for the area. The Bowmanville West Town Centre was to have a strong retail pedestrian environment. Council at that time did not concur with staff’s position and approved the Home Depot Store. Home improvement stores have continued to evolve and they are now sell more than building supplies, they also sell interior furnishings, appliances, carpets, lighting, etc. The second reason was that the Municipality had concerns regarding the market impact of a home improvement centre on existing retailers. A Commercial Policy Review was completed in 2006 by Meridian Planning Consultants to determine, among other issues, whether Clarington could support a large format home improvement store without affecting the historical downtown areas. The Commercial Policy Review was a comprehensive examination of the Municipality’s approach to commercial planning. The market impact analysis concluded that the Clarington market could support two home improvement stores by 2007 with a population of 85,000 people. The proposed Home Depot was being considered at that time. The review indicated that another home improvement store could enter the market through increased recapture of sales from outside of Clarington, market growth opportunities, and sales transfers from existing stores located in the market. The Rona store subsequently proceeded but never opened. Now that the Rona store on Baseline Road has not proceeded, the proposed Lowe’s home improvement store could be considered. The Lowe’s home improvement store retrofit meets the policies for making efficient use of existing infrastructure within the already built up areas of the Municipality. The development would make use of a building that has remained vacant for over two years. Some concerns were raised by the general public on the disappearance of the Hakim Optical and Payless Shoes stores. The applicant has informed the Municipality that these two existing tenants will relocate to their other holdings within the area. There was also some concerns about the demand for another home improvement store. The general public expressed an interest in having other specific retailers locate in this building such as Home Sense, No Frills, Michaels, and Giant Tiger. Although the other tenants mentioned would be a great addition to the diversity of retailers in Bowmanville, the Municipality cannot force a store to open any more than it can stop a store from closing. There are further opportunities for additional retailers in the Bowmanville West Town Centre. 11.2 The department store requirement The Zoning By-law requires that in order for the commercial uses on the Clarington Centre site to operate a Department Store is constructed and operated development in the early 1990s was that it would bring a Department Store to Clarington allowing for the recapture of the outflow of market sales. Without this, there was concern that there could be a negative impact on the downtown and Bowmanville Mall. A provision was included in 1994 Zoning By-law amendment to ensure that the developer, Markborough Properties 48 Municipality of Clarington Report PSD-021-17 Page 15 Inc., met their commitment to the Municipality. This provision is now obsolete; the Zellers Department Store was built. Further, with both the evolution in retailing and the construction of a Walmart and an enlarged Canadian Tire store on the Smart Centre site, there are similar type of anchor tenants present to fulfill this function for the Bowmanville West Town Centre The zoning by-law amendment will delete the requirement for a department store to be in operation in order for the other commercial uses to be permitted on the site. 11.3 Maximum floor area The maximum total floor area limits of 17,000 square metres was also a way to limit the amount of commercial development in the West Town Centre. A minor variance was approved in 2012 to increase the permitted floor space to 19,280 square metres. The applicant is requesting that the zoning by-law amendment recognize the permissions approved through the variance. The Bowmanville West Town Centre Secondary Plan has policies that phased retail growth with population thresholds. The Municipality has now passed that population threshold and the floor area limits are no longer applicable or necessary. Staff recommend deleting the maximum floor area in its entirety since it is no longer applicable. 11.4 Economic Opportunity The Clarington Official Plan encourages the creation of new employment opportunities and new retail and commercial developments in order to achieve the economic goals and objectives of the Municipality. The proposed retail commercial use will create jobs to support the economic goals of the Municipality. It is important that the Municipality remains competitive and adaptable to promote employment opportunities. The changes proposed by the applicant reflect the change in the retail markets and promote reinvestment in the community by making use of an abandoned building which has been vacant for over two years. Job creation is a priority for the Municipality and it should be balanced against residential growth. Over the past few years, Clarington’s population growth has been rapidly increasing. The recent 2016 Census data showed that Clarington had the second highest population growth in Durham. Given the growth in population and based on the 2006 commercial Market Policy Review, Clarington could support another home improvement store within the community. 11.5 Urban Design As noted above, home improvement stores are not ideal tenants when the goal is to create an active retail pedestrian environment around a transportation hub. However, given Council’s previous decision on Home Depot and the economic benefits of filling a large empty existing commercial space, urban design elements will be mitigative in nature, and in some cases the traditional format is not possible in a retrofit situation. The key elements of concern for the proposed home improvement use are: 49 Municipality of Clarington Report PSD-021-17 Page 16 • 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. 50 Municipality of Clarington 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. 51 Municipality of Clarington Report PSD-021-17 Page 18 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 I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2017\ZBA2017-0006 Lowes\Staff Report\PSD-021-17.docx (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. I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2017\ZBA2017-0006 Lowes\Staff Report\PSD-021-17_Attachment 2.docx 54 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 55 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: 56 Attachment 3 to Municipality of Clarington Report PSD-021-17 i. there is no display of empty pallets, containers, storage units, refuse containers or large equipment. ii. A minimum landscape buffer of 2 metres; iii. screening is constructed to ensure that the storage area is not visible from a public street; • An outdoor display area for trailers and sheds is permitted to a maximum area of 200 square metres, within the parking area in the vicinity of the main drive aisle to the building, provided a landscape buffer is provided along the main drive aisle; 2. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By-Law passed in open session this _____ day of ____________, 2017 ____________________________ Adrian Foster, Mayor ____________________________ C. Anne Greentree, Municipal Clerk I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2017\ZBA2017-0006 Lowes\Staff Report\PSD-021-17_Attachment 3.docx 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 58 Municipality of Clarington 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 59 Municipality of Clarington 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. 60 Municipality of Clarington Report PSD-026-17 Page 4 Figure 1 – Proposed Draft Plan of Subdivision 61 Municipality of Clarington Report PSD-026-17 Page 5 3. Land Characteristics and Surrounding Uses 3.1 The lands are vegetated but vacant of structures. There is an existing grade difference of just over 7 metres between the lowest point at the rear of existing lots along Remmington Street, and the highest point on the subject lands. The site significantly slopes again to the south and west towards the valley. (See Figure 2) Figure 2 – Aerial Photograph of the Subject Lands 3.2 The Darlington Creek and associated natural features are part of a Natural Heritage System on the site. 62 Municipality of Clarington Report PSD-026-17 Page 6 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. 63 Municipality of Clarington Report PSD-026-17 Page 7 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. 64 Municipality of Clarington Report PSD-026-17 Page 8 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. 65 Municipality of Clarington Report PSD-026-17 Page 9 The EIS provides several recommendations that will be included in the conditions of draft approval. A homeowner’s guide is recommended to educate new homeowners about the nearby environmentally sensitive areas. Construction of the subdivision will require special measures to limit impacts to these areas as well. 7.3 Traffic Impact Study The study assessed the anticipated impacts of future and site-generated traffic for the proposed development. The study shows that the traffic generated by the proposed development will have no perceptible level of impact on the existing road network and no mitigation measures are required as a result of the proposed development. 7.4 Functional Servicing and Stormwater Management Report The FSR/SWM report provided analysis of existing watermain and sanitary sewer connections along Woolacott Lane and McPhail Avenue. The plan can be serviced by connecting to existing water and sanitary services. The lands are within a drainage area of the West Side Creek Stormwater Management Pond. Since the existing storm sewer in McPhail does not have capacity to accommodate stormwater for this site, preliminary servicing plans proposed a twinned storm sewer in McPhail Avenue to take stormwater to existing storm sewer in Green Road and eventually to the storm water management pond. 7.5 Noise Impact Study The noise study assessed impacts of rail and road noise for the development. Noise impacts from Baseline Road will not require mitigation or warning clauses given the distance and vegetation between the development and Baseline Road. There are a limited number of lots at the north end of the development that will require warning clauses and ducting to accommodate air conditioning given their proximity to the CP Railway. 7.6 Archaeological Assessment The site underwent a Stage 1, 2 and 3 Archaeological Assessment. The Stage 3 assessment concluded that the site would not benefit from further study and excavation and should be cleared for development. 7.7 Phase 1 Environmental Site Assessment The assessment did not identify any areas of potential concern from a soils contamination perspective. No further study is required. 66 Municipality of Clarington Report PSD-026-17 Page 10 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 67 Municipality of Clarington Report PSD-026-17 Page 11 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: 68 Municipality of Clarington Report PSD-026-17 Page 12 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. 69 Municipality of Clarington Report PSD-026-17 Page 13 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; 70 Municipality of Clarington Report PSD-026-17 Page 14 • Require a compensation and restoration plan to re-establish vegetation on the lands to be impacted by grading, forming a rehabilitated natural heritage system; • Provide an additional parkland dedication in the south west quadrant of the plan (Block 97) creating a connection to the Open Space lands to the south and west to be dedicated to the Municipality as a condition of draft approval which will be planted and form connection to the open space; and • Identifies the drip-line of large specimen maple trees in the northwest corner, as identified during the March 21, 2017 site walk. However, the plan proposes three lots and required grading within the drip-line of the four maples (Figure 3). Figure 3 – Defining Development Limit in Northwest Corner of Draft Plan Staff and CLOCA do not find this acceptable. The drip-line leaves a total lot depth of 22 metres to the street line extension of Woolacott Lane. Based on the caliper of the trees CLOCA staff determined that a minimum 6 metre buffer should be provided to the drip- line of the two most northern trees. This would reduce the lot depth of Lots 31 & 32 as shown on Figure 3, to approximately 16 metres. Once typical front and rear yard setbacks have been accounted for the building envelope would not be deep enough to accommodate a garage. As a condition of approval staff require Lots 31 and 32 to be identified as an Open Space block. The southern two maple trees have a more confined 71 Municipality of Clarington Report PSD-026-17 Page 15 drip-line and smaller calipers. There may be opportunity to maintain a modified version of Lot 33, provided the lot line(s) and all grading remains outside the drip-line and required buffer. 11.2.3 Addressing public concerns The proposed development conforms to the applicable planning policies. The lands are designated for some residential development, while other lands will be protected. The revised draft plan of subdivision will address the public comments as follows: • Creation of connections to the Open Space system so that existing and future residents will have access to the valley. The owner will also be required to construct a naturalized local trail system. Providing a formalized trail will reduce the number of people that will walk anywhere, thereby providing better protection to natural heritage features associated with the development. • Environmental Impacts will be mitigated in accordance with the Environmental Impact Study as approved by CLOCA and the Municipality of Clarington. • The traffic study did not identify any traffic impacts to be mitigated, and the existing road network is designed to accommodate the traffic generated. A future new local street through 2346 Baseline Road will further assist to distribute traffic efficiently to Green Road. • The townhouse units have been removed from the proposed Draft Plan of Subdivision in favour of 10 metre single detached units. • The park construction is nearing completion on adjacent lands to the east. Block 96 will be melded with the existing park block and the owner will be required to complete park construction on Block 96. • The consulting engineer has provided cross-sections demonstrating grading between lots adjacent to the lots fronting Buttonshaw Street. There is a difference in grades, and the proposed units will be walkouts, however this is a common occurrence throughout the municipality. Figure 4 illustrates an engineered cross section showing the worst case scenario from a grading perspective (just west of Buttonshaw Street, at Remmington Street) while Figure 5 is an example of an existing condition for lots along Dodd Square and Millburn Drive, taken from Baseline Road. 72 Municipality of Clarington Report PSD-026-17 Page 16 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. 73 Municipality of Clarington Report PSD-026-17 Page 17 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 74 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”). 75 2 | Page 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. 76 3 | Page Site Alteration 2.6 Draft plan approval does not give the Owner permission to place or dump fill or remove fill from, or alter the grade of any portion of the lands within the draft plan. The Owner shall be required to obtain a permit from the Municipality under Site Alteration By-law 2008-114, as amended, for any such work. If any portion of the lands are within an area regulated by a conservation authority, the Owner shall obtain a permit from the conservation authority in addition to obtaining approval from the Director of Engineering Services regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, road damage and dust control, including the preparation of a Dust Management Plan in accordance with 4.11. After registration of a subdivision agreement, the provisions of the Municipality’s standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. Part 3 - FINAL PLAN REQUIREMENTS 3.1 The following road allowances shown on the draft plan shall be dedicated to the Municipality upon registration of the final plan: (a) Street A (b) Street B 3.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: (a) Road Widening • A road widening as shown as Block 96 on the draft plan. (b) Sight Triangles • A 5 metre x 5 metre sight triangle at the intersections and corners of all local streets as shown on the draft plan. (c) Parkland Dedications • Park or other public recreational area shown as Blocks 97 and 94 on the draft plan. (d) Open Space Lands as shown in Block 95, and Lots 31 and 32 on the draft plan. Part 4 –PLANS AND REPORTS REQUIRED PRIOR TO SUBDIVISION AGREEMENT/FINAL PLAN REGISTRATION The Owner shall submit the following plans and report or revisions thereof: 77 4 | Page 4.1 Phasing Plan The Owner shall submit plans showing the proposed phasing to the Municipality and the Region for review and approval if this subdivision is to be developed by more than one registration. The Phasing Plan must show how the roads and associated infrastructure within each phase are intended to connect to subsequent phases of development, including the provision of temporary or transitional works such as temporary turning circles, external easements for temporary turning circles, and associated frozen lots. The Municipality shall require the preparation of a subdivision agreement for each phase of development. 4.2 Functional Servicing The Owner shall submit a Functional Servicing Report, supported by appropriate studies and plans, satisfactory to the Director of Engineering Services and the Central Lake Ontario Conservation Authority. Such report shall assess and verify all aspects of the proposed development to ensure conformity with the Municipality’s Engineering Design Guidelines and good engineering principles including: (1) Major and minor stormwater design including verifying existing sewers will accommodate the proposed flows and overland flow routes will be suitable; (2) Stormwater quantity and quality provisions, including verification of all capacities at the downstream Stormwater Management Pond; (3) Preliminary lot grading verifying maximum and minimum grades can be achieved with the proposed road configuration to avoid sloping between properties and cross sections demonstrating how the proposed lots will be accommodated with abutting lands; (4) Provision for interim functional servicing requirements for any potential Phasing of the development; and (5) All other aspects ensuring the proposed street layout and Works can be accommodated by existing infrastructure and abutting private lands while meeting all Municipal criteria. 4.3 Landscaping Plan The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan, as part of the engineering submission, to the satisfaction of the Director of Engineering Services, the Director of Planning Services and the Central Lake Ontario Conservation Authority for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 4.4 Plant Transplant Plan The Owner shall submit and obtain approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington for a Transplant Plan for the Provincially Rare shrub species Rough Hawthorn (C. scabrida var. asperifolia) 78 5 | Page and identify the required measures to be taken to maximize the success of the transplant. 4.5 Compensation and Restoration Plan The owner shall submit to and obtain approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington for a Compensation and Restoration Plan for the encroachment into the natural heritage system. An Edge Management component is to be included, in accordance with the recommendation of the Environmental Impact Study completed by Aquafor Beech dated July 20 2016. 4.6 Monitoring Plan for Plant Transplant, Compensation and Restoration Areas The Owner agrees to submit for review and approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington for a Monitoring Plan for the proposed compensation areas as well as the relocation of the Rough Hawthorn, which will assess the works undertaken in regards to productivity and success of the feature and the species. 4.7 Tree Preservation Plan The Owner agrees to submit for review and approval a Tree Preservation Plan in accordance with the memo from Aquafor Beech dated July 18, 2014 subject to the approval of the Central Lake Ontario and the Municipality of Clarington, and based on the latest draft plan of subdivision undated and received March 28, 2017. 4.8 Noise Report The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Region of Durham Planning and Economic Development Department, for review and approval, an updated noise report, based on the preliminary noise report entitled Noise Impact Study prepared by D.G. Biddle & Associate Ltd., dated July 2014, Project No. 113026. 4.9 Environmental Sustainability Plan The Owner shall submit an update of the Environmental Sustainability Plan based on the preliminary Environmental Sustainability Plan entitled Energy Conservation and Sustainability Plan prepared for Bowmanville Village Inc. dated June 2014 to the satisfaction of the Director of Planning Services. Such plan shall identify the measures that the Owner will undertake to conserve energy and water in excess of the standards of the Ontario Building Code, reduce waste, increase recycling of construction materials and utilize non-toxic, environmentally sustainable materials and finishes. The plan shall include the location of a shade tree, or provision for a voucher from a local nursery to allow the purchaser to acquire a shade tree to provide passive solar gain during the various seasons. 79 6 | Page 4.10 Soils Management Plan Prior to Authorization to Commence, the Owner shall provide a Soils Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide information respecting but not limited to any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the Lands. All imported material must originate from within the Municipality of Clarington. The Owner shall comply with all aspects of the approved Soils Management Plan. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage 4.11 Dust Management Plan Prior to Authorization to Commence Works, the Owner is required to prepare a Dust Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide a practical guide for controlling airborne dust which could impact neighbouring properties. The plan must: (1) identify the likely sources of dust emissions; (2) identify conditions or activities which may result in dust emissions; (3) include preventative and control measures which will be implemented to minimize the likelihood of high dust emissions; (4) include a schedule for implementing the plan, including training of on-site personnel; (5) include inspection procedures and monitoring initiatives to ensure effective implementation of preventative and control measures; and (6) include a list of all comments received from the Municipality, if any, and a description of how each comment was addressed. Part 5 –SPECIAL TERMS AND CONDITIONS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT 5.1 Environmental Impact Study The Owner agrees to carry out the requirements and recommendations of the Environmental Impact Study and any addenda as prepared by Aquafor Beech (last revised July 20, 2016) including the following recommendations and mitigation techniques: (1) Prior to site preparation, the Owner’s Environmental consultant shall provide confirmation to the Municipality of Clarington that silt fencing has been installed around the limit of development to prevent runoff and encroachment into the natural features on the site. All construction and development related activities should be confined to the established limit of 80 7 | Page development. Silt fencing should be regularly inspected and maintained in good working order throughout the construction period. (2) No stockpiles, brush, stumps or other construction materials or vehicles are permitted outside the developable limit. (3) The owner agrees to complete the Compensation and Restoration Plantings as approved by Central Lake Ontario Conservation Authority and the Municipality of Clarington prior to final grading of the subdivision. (4) The owner agrees to complete a Homeowner’s Guide education in accordance with 2.5 (4). (5) All lighting shall be designed to minimize the amount of direct light shining into the natural wooded areas. Full cut-off and motion sensitive lights and full-cut off lighting are recommended. Lighting shall be a topic in the Homeowner’s Guide required by Condition 2.5 (4). (6) Vegetation removals must take place outside the breeding season for birds which is generally mid-April to the end of July. (7) Only clean fill shall be used in keeping with the Site Alteration Permit/Soil Management Plan. (8) Standard mitigation measures shall be followed regarding the use of fuels and chemicals during the construction process to reduce the risk of groundwater or surface water contamination from accidental spills. 5.2 Transplant and Monitoring Plan Prior to authorization to commence works within the proposed plan of subdivision, the owner shall provide confirmation to the Central Lake Ontario Conservation Authority and Municipality of Clarington that the Provincially Rare shrub species Rough Hawthorn grouping has been relocated in accordance with the requirements of the approved Transplant Plan prepared by Aquafor Beech. 5.3 Co-ordination with External lands The Owner shall provide for the extension of storm sewer facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of storm sewer facilities within the limits of the plan which are required to service other developments external to this subdivision. The Owner will design and construct the extension of storm sewer facilities from the Subdivision Lands to Green Road in accordance with standards and requirements of the Municipality of Clarington and the standard conditions in Part 2 of the Subdivision Agreement. In respect of the route over which that storm sewer connection will run, within 6 months of the draft approval of the Plan of Subdivision, the Municipality will confirm to the Owner that it has secured an easement over, or ownership of, a portion of the lands municipally known as 2346 Baseline Road which will allow the Owner to go on such lands and install the storm sewer along that route. If the Municipality does not provide this confirmation to the Owner within 6 months of the draft approval of the Plan of 81 8 | Page Subdivision, the Owner shall be permitted to design and install a second storm sewer under McPhail Avenue to service this plan. All arrangements, financial and otherwise, including any arrangements for cost sharing and oversizing for said extensions are to be made to the satisfaction of the Municipality of Clarington, and are to be completed prior to final approval of this plan. 5.4 Endeavour to Collect The owner acknowledges that certain works, services and facilities which directly benefit the Lands were constructed, paid for or otherwise provided by certain earlier developing landowners. These terms and conditions are included in a Subdivision Agreement between the Municipality of Clarington and Green-Martin Holdings Ltd., Aspen Springs West Ltd., and West Diamond Properties Inc. dated December 16, 2013. Costs will be based on an update to the following document: Cost Sharing Report and Backup Documentation Darlington Green Subdivision Plan of Subdivision 18T-90051 Stormwater Management Pond, Storm Trunk Sewers, and Abutting McPhail Avenue Roads and Services Municipality of Clarington Prepared by D.G. Biddle and Associates Ltd. (Final Revision May 6, 2010) The Owner further acknowledges that the Municipality undertook to use its best efforts to recover a proportionate share of the cost of such works, services and facilities from future benefitting owners and to reimburse the front-ending owners accordingly. An Authorization to Commence shall not be issued for any Works unless the Owner has paid to the Municipality its proportionate share of such works, services and facilities, which amount the Municipality shall hold in trust for and on behalf of the front-ending owners. 5.5 Parkland (1) The Owner shall convey Blocks 97 and 94 to the Municipality for park or other public recreational purposes in accordance with section 51.1 of the Planning Act, R.S.O. 1990, c.P.13. (2) The Owner agrees pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes under section 51.1 of the Planning Act, R.S.O. 1990, c.P.13. The Owner acknowledges that this amount, represents 5% of the lands included in the draft plan, less the area of Blocks 97 and 94, and shall be based on the value of the Lands as of the day before the approval of draft Plan of Subdivision S-C-2014-0002. (3) For the undeveloped portion of Buttonshaw Parkette identified as Block 94, the owner shall prepare a detailed grading plan to illustrate how it will be blended into the existing park. The owner shall construct, and ensure the Engineering Drawings incorporate the final grades for the park including 200mm minimum topsoil and sod, fencing and any storm water sewer 82 9 | Page 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. 83 10 | Page 5.9 Fencing The Owner shall install non-gated fencing between any lots and Park or Open Space lands to the satisfaction of the Central Lake Ontario Conservation Authority and the Director of Engineering Services. 5.10 Bio-retention Swales The Owner acknowledges and agrees that Bio-retention Swales are required to service the subject development. These swales are within lands to be dedicated to the Municipality of Clarington. The swales must be constructed as part of Base Works, and securities for the swales shall be held for 2 years (Stormwater Management Works). 5.11 Final Works Cost Estimate The final works cost estimate shall include: (1) all work required as part of the Environmental Impact Statement including landscaping in open space areas, restoration and compensation and monitoring for the relocation of the Rough Hawthorn. (2) All work required as part of installing the bio retention swales in the Open Space block. 5.12 Frozen Lots The Owner acknowledges and agrees that building permits are not available for Lots 33, and Lots 73-75 until the detailed grading, transplant, compensation and restoration and tree preservation plans required under Part 4, are approved to the satisfaction of the Central Lake Ontario Conservation Authority, the Director of Planning Services and the Director of Engineering Services. Approval of these plans may dictate revisions to the lot configuration, including possible loss of lot(s). Part 6 – AGENCY CONDITIONS 6.1 Region of Durham (1) The Owner shall grant to the Region any easements required for provision of Regional services for this development and these easements shall be in the location and of such widths as determined by the Region. (2) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions 84 11 | Page are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. (3) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (4) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. (5) The Owner shall carry out an Archaeological Assessment of the subject property and mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Ministry of Tourism and Culture. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the Ministry of Tourism and Culture. 6.2 Conservation Authority (1) That prior to any on-site grading or construction or final approval of the plan, the Owner shall submit to and obtain approval from the Central Lake Ontario Conservation Authority for reports describing the following: a. The intended means of controlling and conveying stormwater flow from the site, including the use of stormwater techniques which are appropriate and in accordance with provincial guidelines; and, b. The intended means of providing water quality treatment for the site in accordance with provincial guidelines; and, c. The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site, or related works; d. A phased sediment control plan is submitted to detail each phase of the construction; and e. Details on the types and use of Low Impact Development (LID) measures to be implemented within the development to assist in reducing stormwater runoff and encouraging infiltration. (2) That the Natural Heritage System, Block 98, be placed within a protective zoning. (3) The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority and Municipality of Clarington. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. 85 12 | Page (4) The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a. The Owner agrees to carry out the works referred to in Conditions 6.2(1) to 6.2(3), inclusive to the satisfaction of the Central Lake Ontario Conservation Authority. b. The Owner agrees to maintain all stormwater and erosion and sediment control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. 6.3 Ministry of Culture, Tourism and Sport No demolition, grading or other soil disturbances shall take place on the lands prior to the Ministry of Culture, Tourism and Sport confirming that potential adverse impact to the archaeological resources identified in the archaeological assessment prepared by Northeastern Archaeological Associates Ltd. and dated June 12, 2014 have been addressed through measures such as preservation, resource removal, licensing and resource conservation requirements. 6.4 Canada Post Corporation The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision Lands and the provision of community mailbox locations, as follows: (a) The Owner shall advise Canada Post as to the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. (b) If applicable, the Owner shall ensure that any street facing installs have a pressed curb or curb cut. (c) The Owner shall advise Canada Post as to the expected first occupancy date and ensure the site is accessible to Canada Post 24 hours a day. (d) The Owner will consult with Canada Post and the Municipality to determine suitable permanent locations for the Community Mail Boxes. The Owner will then indicate these locations on the appropriate servicing plans. (e) The Owner agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post. (f) The Owner will provide a suitable and safe temporary site for a Community Mail Boxes upon approval of the Municipality (that is levelled with appropriate sized patio stones and free of tripping hazards), until curbs, sidewalks and final grading are completed at the 86 13 | Page permanent locations. Canada Post will provide mail delivery to new residents as soon as the homes or units are occupied. (g) Owner agrees to provide the following for each Community Mail Boxes and to include these requirements on the appropriate servicing plans (if applicable): i) Any required walkway across the boulevard, per municipal standards; and ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). 6.5 Utilities (1)The Owner shall coordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities to the satisfaction of the Director of Engineering Services. (2) All utilities will be installed within the proposed road allowances. Where this is not possible, easements will be provided at no cost to the utility provider. Proposed easements are not permitted on lands owned by the Municipality unless it can be demonstrated that there is no other alternative. Such easements must not impede the long term use of the lands and will be at the discretion of the Director of Engineering Services. (3) The Owner shall cause all utilities, including hydro, telephone, and cable television within the streets of this development to be installed underground for both primary and secondary services. Part 7 – STANDARD NOTICES AND WARNINGS 7.1 General (1) The Owner shall include a clause in Agreements of Purchase and Sale for all Lots informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27. (2) The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality’s standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks. (3) The Owner shall include the following notices and warning clauses in Agreements of Purchase and Sale for the Lots or Blocks to which they apply: 7.2 Railway Noise (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots _____: 87 14 | Page “Purchasers are advised that sound levels due to increasing rail traffic may interfere with some activities of the dwelling occupants as the sound levels will exceed the Ministry of Environment’s noise criteria.” (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots _____: “This dwelling unit was fitted with a forced air heating system and the ducting etc. sized to accommodate a central air conditioning unit. The installation of central air conditioning by the homeowner will allow windows and exterior doors to be kept closed, thereby achieving indoor sound levels within the limits recommended by the Ministry of the Environment. (Note: The location and installation of the outdoor air conditioning device should be done so as to comply with noise criteria of MINISRY OF ENVIRONMENT AND CLIMATE CHANGE publication NPC-216, Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject property).” (3) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots _____: “The Owner shall insert a clause in all Offers of Purchase and Sale or Lease and in the title deed or lease of each dwelling within 300 m of the railway right-of-way, warning prospective purchasers or tenants of the existence of the Railway’s operating right-of-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations.” (4) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots _____: “Metrolinx, carrying on business as GO Transit, and its assigns and successors in interest are the owners of lands within 300 metres from the land which is the subject hereof. In addition to the current use of the lands owned by Metrolinx, there may be alterations to or expansions of the rail and other facilities on such lands in the future including the possibility that GO Transit or any railway entering into an agreement with GO Transit to use the Metrolinx lands or Metrolinx and their respective assigns or successors as aforesaid may expand their operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwellings. Metrolinx will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under its lands.” 88 15 | Page (5) The Owner shall include the following warning clause in agreements of purchase and sale for Lots _____________: “Purchasers and tenants are notified that despite measures to attenuate noise caused by the adjacent railway, whistling from oncoming trains may be heard on a regular basis. Train whistling protocol is regulated and enforced by Transport Canada”. 7.3 Nearby Farm Operations The Owner shall include the following warning clause in agreements of purchase and sale for Lots _____________: “Farm Operations –There are existing farming operations nearby and that such farming activities may give rise to noise, odours, truck traffic and outdoor lighting resulting from normal farming practices which may occasionally interfere with some activities of the occupants.” 7.4 Catchbasins The Owner shall include the following notice in agreements of purchase and sale for Lots _____________: “Catchbasin – A catchbasin and associated underground piping has been installed on this lot. The catchbasin is designed to accept drainage from this lot and adjacent lots. The property owner must not impede or alter the catchbasin or the drainage patterns in any way.” 7.5 Chain Link Fencing The Owner shall include the following notice in the agreements of purchase and sale for Lots _____________: “Chain Link Fencing – Chain link fencing is a required feature between this lot and the adjacent [park, open space or walkway]. This fencing must be located on the public portion of the abutting land and will be maintained by the Municipality after the developer has been released from any further responsibility for the fence.” 7.6 Privacy Fencing The Owner shall include the following notice in the agreements of purchase and sale for Lots _____________: “Privacy Fencing – Privacy fencing is a required feature on this lot and it must be located on the shared property line. Maintenance of this privacy fencing is the shared responsibility of the abutting property owner after the developer has been released from any further responsibility for the fence.” 89 16 | Page 7.7 Canada Post Corporation The Owner shall include the following notice in the agreements of purchase and sale for all lots: “Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision.” Part 8 - CLEARANCE 8.1 Prior to final approval of the plan for registration, the Municipality’s Director of Planning Services shall be advised in writing by, (a) Region of Durham, how Conditions _________ have been satisfied; (b) Central Lake Ontario Conservation Authority, how Conditions _________ have been satisfied; (c) Ministry of Tourism, Culture and Sport, how Conditions _________ have been satisfied; (d) Canada Post, how Conditions _________ have been satisfied; Part 9 - NOTES TO DRAFT APPROVAL 9.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality’s standard subdivision agreement. 9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 9.3 If final approval is not given to this plan within three (3) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be closed. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 9.4 Where an agency requirement is required to be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: (a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1N 6A3 (905) 668-7721. (b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario LIH 3T3 (905) 579-0411. 90 17 | Page (c) Ministry of Tourism, Culture and Sport, Culture Programs Unit, Programs and Services Branch, Culture Division, 401 Bay Street, Suite 1700, Toronto ON M7A 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 .••••zsanuazmaiirozenfinkino *-0filliff 1iff•If MI gP. v0 e.11111117,111107111N1Mir. •kiivativa 1,16, NO bilk :Copt!; nIti-nn-A Aim% Ai tiLzujidardari zumwializtjaugazt3't12,* eoterr•te"1 iV111Rav IONNATIIIMLIMMIUM WYMPAMMTMATISIwino I LRESIOLMIL*TogripipmenaltaIngrangiat 4,0_ liatWinei •‘...milellINIEZIER4,4411., Alk‘11EPIE-",ew 1MMI "31021:116glimufill W' ME 110411101 aiNtql PI" 11E‘uP PO NU 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 3 (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 4 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 5 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 6 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 8 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 9 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