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HomeMy WebLinkAbout06/26/2017Final clffftwn Planning and Development Committee Agenda Date: June 26, 2017 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Michelle Chambers, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at mchambers(o)_clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. 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Copies of Reports are available at www.clarington.net CIarifl#oII Planning and Development Committee Agenda Date: June 26, 2017 Time: 7:00 PM Place: Council Chambers 1 Call to Order 2 New Business — Introduction Members of Committee are encouraged to provide the Clerk's Department, in advance of the meeting, a copy of any motion the Member is intending to introduce, (preferably electronic) such that staff could have sufficient time to share the motion with all Members prior to the meeting. 3 Adopt the Agenda 4 Declaration of Interest 5 Announcements 6 Adoption of Minutes of Previous Meeting 6.1 June 5 Minutes Minutes of a Regular Meeting of June 5, 2017 Page 6 6.2 June 20 Minutes of a Special Meeting of June 20, 2017 Page 21 Minutes 7 Public Meetings 7.1 SmartREIT Application for a Proposed Zoning By-law Amendment Page 33 Public Meeting Applicant: SmartREIT Report: PSD -047-17 7.2 Soroya & Application for a Proposed Official Plan and Zoning Page 35 Spencer Yule By-law Amendment Public Meeting Applicant: Soroya & Spencer Yule Report: PSD -048-17 7.3 Municipality of Application for a Proposed Zoning By-law Amendment Page 37 Clarington Public Meeting Applicant Report: Municipality of Clarington PSD -049-17 Page 2 CIarifl#oII Planning and Development Committee Agenda Date: June 26, 2017 Time: 7:00 PM Place: Council Chambers 8 Delegations 8.1 Theresa Vanhaverbeke, Newcastle Lodge for Senior Dwellings, Regarding Report PSD -052-17, An Application by Newcastle Lodge for Senior and Family Dwellings to Construct a four Storey Residential Building on King Avenue East, Newcastle 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications — Direction 10.1 Extension for John A. Roznik — Request to Extend the Use of Temporary Page 39 Use of Living Quarters at 1093 Gifford Road, Clarke Temporary Living (Motion to approve the six month extension Quarters for the use of temporary living quarters at 1093 Gifford Road, subject to signing a further Letter of Undertaking.) 10.2 BLG — Ian Mathany, BLG — Regarding Report PSD -049-17, A Manheim Proposal by the Municipality of Clarington to Rezone Lands to Remove the Exception Permitting an Auto Auction at 50 Osborne Road, Former Manheim Auto Auction (Motion to refer the correspondence from Ian Mathany, BLG, concerning the Public Meeting (Agenda Item 7.3) regarding Report PSD -049-17, be referred to the Director of Planning Services to be considered as part of the application review process.) 11 Presentations No Presentations Page 3 CIarifl#oII Planning and Development Committee Agenda Date: June 26, 2017 Time: 7:00 PM Place: Council Chambers 12 Planning Services Department Reports 12.1 PSD -047-17 An Application by SmartREIT to Rezone the Subject Page 40 Lands to Accommodate a 25,360 Square Metre Retail Outlet Centre, Baseline Road, Bowmanville 12.2 PSD -048-17 An Application by Soroya Yule and Spencer Yule to Page 59 amend the Official Plan and Zoning By-law to Permit an Apartment -in -House Within a New Addition to the Existing Dwelling on a Rural Residential Property Located at 4443 Concession Road 12.3 PSD -049-17 A Proposal by the Municipality of Clarington to Rezone Page 66 Lands to Remove the Exception Permitting an Auto Auction at 50 Osborne Road, Former Manheim Auto Auction 12.4 PSD -050-17 Designated Heritage Property Alteration Request - 5565 Page 77 Old Scugog Road 12.5 PSD -051-17 King Street Streetscape Project in Bowmanville Page 85 12.6 PSD -052-17 An Application by Newcastle Lodge for Senior and Family Page 89 Dwellings to Construct a four Storey Residential Building on King Avenue East, Newcastle 12.7 PSD -053-17 Designated Heritage Property Alteration Request — 1640 Page 107 Concession Road 9 12.8 PSD -054-17 Declaration of Surplus Property, 155 Baseline Road, Page 114 Bowmanville 12.9 PSD -055-17 Provincial Release of the Growth Plan for the Greater Page 122 Golden Horseshoe, the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan - 2017 13 New Business - Consideration 14 Unfinished Business 15 Confidential Reports 16 Adjournment Page 4 CIarifl#oII Planning and Development Committee Agenda Date: June 26, 2017 Time: 7:00 PM Place: Council Chambers This page is intentionally left blank. Page 5 Cladwwn Planning and Development Committee Minutes June 5, 2017 Minutes of a meeting of the Planning and Development Committee held on Monday, June 5, 2017 at 7:00 PM in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal arrived at 7:04 PM, Councillor W. Partner until 11:52 PM, Councillor C. Traill until 11:57 PM, Councillor W. Woo Staff Present: C. Clifford, D. Crome, F. Langmaid, C. Pellarin, K. Richardson, J. Gallagher, C. Fleming until 8:10 PM, M. Chambers arrived at 8:10 PM 1 Call to Order Councillor Woo called the meeting to order at 7:00 PM. 2 New Business — Introduction There were no new business items added to the Agenda. 3 Adopt the Agenda Resolution #PD -103-17 Moved by Mayor Foster, seconded by Councillor Cooke That the Agenda for the Planning and Development Committee meeting of June 5, 2017 be adopted as presented. Carried 4 Declarations of Interest There were no disclosures of interest stated at this meeting. 5 Announcements Members of Committee announced upcoming community events and matters of community interest. Councillor Neal arrived at the meeting at 7:04 PM. -1- A• Clarftwn Planning and Development Committee Minutes June 5, 2017 6 Adoption of Minutes of Previous Meeting Resolution #PD -104-17 Moved by Councillor Hooper, seconded by Councillor Cooke That the minutes of the regular meeting of the Planning and Development Committee, held on May 15, 2017, be approved. Carried 7 Public Meetings 7.1 Application for a Proposed Zoning By-law Amendment Applicant: Modo Bowmanville Urban Towns Limited Report: PSD -037-17 Mitch Morawetz, Planner, made a verbal and electronic presentation to the Committee regarding the application. No one spoke in opposition to the application. No one spoke in support of the application. Enzo Bertucci, Director of Land Development, Kaitlin Corporation, addressed the Committee advising he is in support of Report PSD -037-17, and was available to respond to questions. Mr. Bertucci responded to questions from Committee members. 7.2 Application for a Proposed Official Plan and Zoning By-law Amendments Applicant: 1816451 Ontario Limited Report: PSD -038-17 Cynthia Strike, Principal Planner, made a verbal and electronic presentation to the Committee regarding the application. Barb Percy, 531 Rundle Road, spoke in opposition to the application. Ms. Percy indicated her main concern is that she lives directly across the road from where the GO trains will be stored and is concerned that the layover facility will devalue her property. She expressed concern with the addition of the auto mall at the end of Rundle Road, noting there will be increased traffic, noise and a loss of privacy. Ms. Percy acknowledge that the GO train expansion is inevitable, however; she suggested that other locations would be more appropriate. Ms. Percy referred to information she has -2- 7 Clarftwn Planning and Development Committee Minutes June 5, 2017 received from Metrolinx and submitted a copy to be distributed to all Members of Council. Ms. Percy reiterated her concern with the negative impact to her property, including property value, and questioned who would purchase her property should she decide to sell. Barb Percy responded to questions from Committee members. Rick Percy, 531 Rundle Road, spoke in opposition to the application. He is concerned with the affect the auto mall will have on their water supply and questioned what recourse would be available should problems arise in the future. Mr. Percy responded to questions from Members of Committee. Eid Attia, 2074 Baseline Road, spoke in support of the application. He suggested that the entire area be reviewed as a whole, not just specific sites, and be designated light industrial, including his property. Eid Attia responded to questions from Committee members. Rodger Miller, Miller Planning Services, addressed the Committee on behalf of 1816451 Ontario Ltd. Mr. Miller advised he has reviewed the staff report and recommendations and has no concerns. Mr. Miller responded to comments raised by previous delegations advising that the owner of the property had canvassed Rundle Road area residents to provide them with an opportunity to explain the proposal. He stated the owner was able to meet with one area resident and left his card for those who were not home. Mr. Miller responded to concerns regarding increased traffic, noting the findings of the Traffic Impact Study will have an expected level of service at Rundle Road and Baseline Road that will satisfy the Municipal requirements. He also responded to concerns regarding well water and well water supply noting the application includes harvesting of rainwater for the operation, installation of a number of containment devices on the property to contain the water, and a proposed storm water management pond to collect any wastewater from the site including oil or sediments, etc. before the storm water leaves the site. With respect to the wells his client is looking to drill, Mr. Miller stated they are aware of the location of current wells and well depths and are working with a team of engineers to ensure that what will be proposed will satisfy his client's needs and also reduce the impact of water usage on the neighbours. Rodger Miller responded to questions from Committee members. 7.3 Application for a Proposed Official Plan and Zoning By-law Amendments and Draft Plan of Subdivision Applicant: Tornat Newcastle Limited Report: PSD -039-17 Clarftwn Planning and Development Committee Minutes June 5, 2017 Anne Taylor Scott, Senior Planner, made a verbal and electronic presentation to the Committee regarding the application. Madeline Waterfield, resident of the Gracefield Subdivision, spoke in opposition to the application. Ms. Waterfield stated she has a number of concerns regarding the proposed development and has outlined them in a previous email to staff. Ms. Waterfield highlighted her major concerns including the height of the proposed six storey unit, increased traffic into the Gracefield Subdivision, and insufficient parking for the number of units proposed which will create a safety issue with cars parking on the street. Ms. Waterfield stated Newcastle is a car -dependent community and that taking public transit is not feasible for individuals who are commuting to downtown Toronto, or even to Oshawa, due to the time it takes to get there. She also expressed concern with the lack of greenspace provided in the plan, the overcrowding of schools with the addition of 205 new units and felt property maintenance would suffer with units being rentals. Madeline Waterfield responded to questions from Committee members. Phil Harrison, local resident, spoke in opposition to the application. He explained, to the Committee, he is concerned with the safety of children who will walk past this development daily. Mr. Harrison added he has issues with the loss of greenspace as a result of this development. He asked where the children, who will live in this development, will go to school as the existing schools are overcrowded and have portables. Mr. Harrison stated that the school planned for this area has now been changed to additional residential homes. He added that there many new developments planned for Newcastle and is concerned where all of these children will go to school. Mr. Harrison does not feel this development fits in with the design of Newcastle, and when they bought their home, they were advised it would be medium development on small commercial plaza on the subject lands. He added that they would have never purchased their home if they knew it would be high density. Mr. Harrison concluded by noting that he is concerned that the housing market has softened and asked if the developer has a plan if these units do not sell. He answered questions from the Committee. Trevor Headrick, local resident, spoke in opposition to the application. He explained to the Committee he is also the Pastor at Newcastle Pentecostal Church. Mr. Headrick advised the Committee when he purchase his home he was advised this property would be medium density residential. He added they bought for the proposed development of an elementary school and the nearby park. Mr. Headrick advised that he is concerned with increase on street parking issues. He noted that he does not want this to be developed as condos or rental units and would like this to be kept as medium residential. Mr. Headrick feels that lower income or senior developments should be closer to downtown Newcastle and there are no nearby amenities in west end of town. He asked why there are more high density developments being proposed for Newcastle. He explained that a subdivision has been planned across from the Newcastle Pentecostal Church for ten years and has not yet been completed. Mr. Headrick feels that the residents should be given more warning for these types of development. He concluded E Cladwwn Planning and Development Committee Minutes June 5, 2017 by noting he feels this development will decrease property values and will no longer be a family oriented neighbourhood. Roger Nicholson, local resident, spoke in opposition to the application. He advised the Committee he agrees with the previous delegations. Mr. Nicholson stated that Newcastle Public School is currently overcrowded. He explained that the maximum capacity for the school is 560 and it currently has 650 students. Mr. Nicholson added that the YMCA daycare in the school currently has a two year waiting list. He stated that, if a new school was planned for the area, is takes approximately six to ten years to build a school. Mr. Nicholson advised the Committee he recently spoke to a local realtor who explained there are more homes for sale in this area than in previous years. He explained this indicates that the homeowners are unhappy with their current location perhaps as it relates to the proposed development. Mr. Nicholson concluded by stating he is concerned with property values being lowered as a result of this development. Sue Wingate, local resident, spoke in opposition to the application. She explained to the Committee her family moved from Ajax to Newcastle eight years ago for the small town feel of the area. Ms. Wingate noted that 18 months ago she visited the sales office and was advised that this area would remain medium residential all the way up to Highway 2. She stated that, shortly after she saw the public meeting sign, she received notification for the proposed changes. Ms. Wingate advised the Committee she petitioned her neighbourhood and many of her neighbours are unhappy with the proposed development. She added that the existing schools are overpopulated and there will be issues with parking and increased traffic. Ms. Wingate concluded that she is concerned for the safety of the children in the neighbourhood and requested that traffic lights and crossing guards be place in this area. Greg Smith, local resident, spoke in opposition to the application. He made a verbal presentation to accompany an electronic presentation and a handout. He explained to the Committee why he chose to live in Newcastle. Mr. Smith reviewed the current zoning of the subject property. He explained that, when he purchased his home, he never expected to receive the notification of a zoning change for the subject lands. Mr. Smith stated there are many contradictions to the urban design brief as it relates to the Clarington Official Plan. He explained that he is concerned with a loss of privacy and noted that he will have 36 balconies facing his backyard. Mr. Smith referred to the Planning Justification Report and believes this development does not comply with the Clarington Official Plan. He asked for the zoning to remain unchanged and noted the proposed 111.2 units per hectare exceeds the recommended density allowance as per the Clarington Official Plan. Mr. Smith asked about safety on the site and if there will be security or increased police presence. He referred to the Section 2.2.2 of the Growth Plan for the Greater Golden Horseshoe. Mr. Smith stated the scale and height of the building do not fit in with the neighbourhood design. He asked if the mature trees in this area will be preserved. Mr. Smith advised the Committee that more businesses are not needed in Newcastle and the existing sewer systems are not ready for additional development. He added the shadowing from the development will impact the surrounding neighbourhood. -5- 10 Cladwwn Planning and Development Committee Minutes June 5, 2017 Suspend the Rules Resolution #PD -105-17 Moved by Councillor Partner, seconded by Councillor Hooper That the delegation of Greg Smith be extended for an additional two minutes. Carried Mr. Smith stated that, according to the Clarington Official Plan, Newcastle is not a priority for intensification. He added the Ontario Places to Grow Act does not include Clarington as a priority area to be an urban growth centre. Mr. Smith noted this development was originally proposed as a four storey building and he believes there is no need for additional commercial development in this area. He concluded by advising the Committee that the developer did not consider the suggestions made by the Planning Department. Mr. Smith answered questions from the Committee. Recess Resolution #PD -106-17 Moved by Councillor Neal, seconded by Councillor Cooke That the Committee recess for 10 minutes. Motion Lost Jane Crabbe, local resident, spoke in opposition to the application. She advised the Committee that when she bought in Newcastle she was advised the subject property would be medium residential. Mr. Crabbe stated the park planned for this development does not meeting the requirements of the Provincial Growth Plan. She added that the existing parks are overcrowded. Ms. Crabbe requested the proposed park block include benches, additional lighting, community garden, and a butterfly garden. She advised the Committee she does not feel this development blends in with the current design of Newcastle. Ms. Crabbe noted that she is concerned with the increased traffic and is requesting walkways and sidewalks be added to the area. She added that are issues with snow removal and believes this development will add the current issue. Ms. Crabbe stated the schools are overcrowded and requested that Council be in contact with the school board to address this issue. She concluded by adding that the existing recreation facilities and recreational programs are overcrowded and this will add to the problem. Trish Schill, local resident, spoke in opposition to the application. She moved to Newcastle for the small town feel and does not want a six storey building to be the first thing people see when entering Newcastle. Ms. Schill believes it is too high and will be an eye sore. She added that the existing neighbourhood park is already overcrowded. Ms. Schill explained that her son lives directly behind the development and this may result in his family moving out of the area. She added that they were all advised that this property would be medium density. Ms. Schill counted 19 vacant stores in downtown 11 Clarftwn Planning and Development Committee Minutes June 5, 2017 Newcastle and requested that these be filled before any future commercial development is planned. She asked if there are any plans for a paramedic station or additional school. Ms. Schill concluded by stating this development does not keep with the existing design of Newcastle. Wendy Bracken, local resident, spoke in opposition to the application. She advised the Committee she lives on the south side of Highway 2. Ms. Bracken stated that she is concerned with the height of the building and believes it is too close to the highway. Councillor Neal returned to the meeting at 9:24 PM. Ms. Bracken believes it will detract from historic design of Newcastle and any new developments should keep with the existing design. Ms. Bracken added that there is not enough green space and the proposed park needs to be larger. She explained that she thought this was going to be developed as a small strip mall with additional parkland. Ms. Bracken concluded by urging Council to listen to the concerns of the residents regarding this proposed development. Sarah Messer, local resident, spoke in opposition to the application. She explained to the Committee that her home is directly beside the proposed block one. Ms. Messer advised the Committee she is concerned with shadows, increased parking and traffic. She added that her home is currently on a crescent and this will become a through street. Ms. Messer stated that a zoning change from R1 to R4 is significant and she does not feel the infrastructure is ready for this type of development. She believes this will affect the safety of the children in the neighbourhood. Ms. Messer added that this development will ruin the downtown feel and result in increased crime. She concluded by asking the Committee to work with the developer to agree to a lower density development. Jeff Rickard, local resident, spoke in opposition to the application. He asked why a subdivision can be rezoned. Mr. Rickard stated that the residents purchased because of the existing zoning and does not understand how this can happen. Mr. Rickard explained that when he requested to build a garage in his backyard he had to apply for a minor variance and comply with very strict guidelines. He is concerned with increase traffic, parking, and overuse of the existing municipal services. Mr. Rickard is concerned that the building will not be fully occupied and there are already many vacant buildings downtown Newcastle. He concluded by asking for the property to remain medium density and be designed to fit in with the current design of Newcastle. Joe Kay, local resident, spoke in opposition to the application. He explained to the Committee that he was advised, prior to purchasing his property that McDonald Crescent would continue to Highway 2. Mr. Kay stated that he was amazed that the development has made it to this stage. He believes that this development is being built to make the municipality money and no consideration has been made for the neighbouring residents. Mr. Kay concluded by advising the Committee that this development does not keep with the design of the existing neighbourhood. -7- 12 Clarftwn Planning and Development Committee Minutes June 5, 2017 Carrie Schill, local resident, spoke in opposition to the application. Ms. Schill advised the Committee that this development will result in 36 apartments looking down at her home. She explained they had planned to put a pool in, applied for the pool permit, and paid for a deposit with the pool company. Ms. Schill added that, as a result of this development, they have since cancelled the pool and lost their deposit. She concluded by advising the Committee when she purchased the home she was advised it would be a low rise building. Nicholas Field, local resident, spoke in opposition to the application. He explained he bought in this area for the sense of community. Mr. Field added that he was advised this property would be medium density and McDonald Crescent would remain a crescent. He noted he is concerned with the safety of the children living in the neighbourhood. Mr. Field concluded by stating he feels cheated as residents were not advised of this development when purchasing their homes. Elizabeth Hibbs, local resident, spoke in opposition to the application. She explained that she has lived in this area for 22 years. Ms. Hibbs noted that she was pleased with the design of the Gracefield development when it was constructed. She concluded by stating this development will not fit in with the design of Newcastle. Geoffrey Rowell, local resident, spoke in opposition to the application. He explained to the Committee that this is not an ideal location for an apartment building. Mr. Rowell feels the tenants of this building will be cut off from the downtown area. He added there is limited access to hospitals and city services. Mr. Rowell added that anyone who lives in this building will have to drive everywhere within Clarington. He explained that the existing neighbourhood has a sense of community and anyone living in this new development will be isolated from that. Mr. Rowell concluded by advising the Committee that this type of development will not benefit the community and a lower density building would be a better choice. Recess Resolution #PD -107-17 Moved by Councillor Partner, seconded by Councillor Hooper That the Committee recess for 10 minutes. Carried The meeting reconvened at 10:12 PM with Councillor Woo in the Chair. Judy Moe, local resident, spoke in opposition to the application. She explained to the Committee she feels there are not enough accommodations for seniors in Newcastle. Ms. Moe feels that bungalow townhomes would be a more suitable choice for this location. 13 Clarftwn Planning and Development Committee Minutes June 5, 2017 Darryl Rowsell, local resident, spoke in opposition to the application. He explained to the Committee he has an issue with water pressure in his home and this development will make the issue worse. Mr. Rowsell advised the Committee he is concerned with parking, increased traffic, and speeding. He feels that rental properties do not get maintained in the same way as properties which are owned. Mr. Rowsell noted there is an issue with pet owners cleaning up after their pets and feels this will be increased with the loss of greenspace. Rose Servos, local resident, spoke in opposition to the application. She explained to the Committee that she moved to Newcastle for the quiet atmosphere. Ms. Servos added that both her and her mother bought homes in this area. She explained that when she purchased her home there were many restrictions with respect to neighbouring homes having the same floor plan, exterior colour, and design. Mr. Servos stated that, with all of these regulations, she cannot understand how a high rise apartment would be permitted. Ms. Servos added that she was informed that this area would be lower density with additional greenspace. She concluded by advising the Committee she is concerned with increased traffic in the area. Adam Wishak, local resident, spoke in opposition to the application. He explained to the Committee the future Block 1 will be right next to their home. Mr. Wishak stated that he is concerned with the shadowing and McDonald Crescent becoming a through street. No one spoke in support of the application. John Romanov, Romanov Romanov Architects Inc., spoke to the application. He noted that they appreciate the public making comments and they will take everything under consideration. Mr. Romanov advised the Committee they are in agreement with the Staff report and the project is in alignment with the Province and the Region of Durham. He noted that the units in apartment building will be owned. Mr. Romanov added that the only rental units will be above the mixed use building. He explained that the majority of the parking will be underground at 1.25 spots per suite which will free up surface space to allow for more landscaping. Mr. Romanov explained that the pricing of the units is based on the design and size. He added that the townhouses are approximately 1200 square feet and the apartments are approximately 1000 square feet. Mr. Romanov explained that the current zoning allows for medium density which would permit a four storey building and what they are proposing is only two more storeys. He added that the six storey building, which is the proposed Block Two, only accounts for 30% of the building footprint. Mr. Romanov advised the Committee they are willing to work with the resident towards a compromise for the six storey building and noted that townhomes and mixed use buildings will only be three storeys. He advised the Committee they are willing to work on the design of the building to keep with the existing neighbourhood design. Mr. Romanov continued by noting they are looking at ways to mitigate the height of the building. He added that the northern portion of the building is approximately 90 metres from the surrounding neighbourhood. Mr. Romanov explained that this building is designed as a defensible space which increase the overall safety of the building. He concluded by explaining there will be connections to King Avenue and Ruddell Road to M 14 Clarftwn Planning and Development Committee Minutes June 5, 2017 allow for pedestrian access and they are proposing a right in and right out access. Mr. Romanov answered questions from the Committee. Suspend the Rules Resolution #PD -108-17 Moved by Councillor Partner, seconded by Councillor Traill That the Rules of Procedure be suspended. Carried Resolution #PD -109-17 Moved by Councillor Partner, seconded by Councillor Neal That the meeting be extended until 11:30 PM. Carried Alter the Agenda Resolution #PD -110-17 Moved by Councillor Partner, seconded by Councillor Neal That the Agenda be altered to consider Item 12.3, Report PSD -039-17, Applications by Tornat Newcastle Limited for a Mixed -Use Development at King Avenue West and Rudell Road, Newcastle, at this time. Carried 12.3 PSD -039-17 Applications by Tornat Newcastle Limited for a Mixed -Use Development at King Avenue West and Rudell Road, Newcastle Resolution #PD -111-17 Moved by Councillor Neal, seconded by Mayor Foster That Report PSD -039-17 be received; That the applications submitted by Tornat Newcastle Limited for a Clarington Official Plan Amendment (COPA 2017-0007), a Draft Plan of Subdivision (S -C-2017-0006), Rezoning (ZBA 2017-0009) and an amendment to the Foster Northeast Neighbourhood Design Plan (PLN 31.5.7) continue to be processed including the preparation of a subsequent report; and That all interested parties listed in Report PSD -039-17 and any delegations be advised of Council's decision. -10- 15 Clarftwn Planning and Development Committee Minutes June 5, 2017 Carried on the following recorded vote: Council Member Yes No Declaration of Absent Interest Councillor Neal X Councillor Partner X Councillor Traill X Councillor Woo X Councillor Cooke X Councillor Hooper X Mayor Foster X Alter the Agenda Resolution #PD -112-17 Moved by Councillor Neal, seconded by Councillor Cooke That the Agenda be altered to consider Reports PSD -037-17, An Application by Modo Bowmanville Urban Towns Limited (The Kaitlin Group) to amend the Zoning By-law to permit 167 residential units in a development block, Bowmanville Urban Centre, Report PSD -038-17, An Application by Modo Bowmanville Urban Towns Limited (The Kaitlin Group) to amend the Zoning By-law to permit 167 residential units in a development block, Bowmanville Urban Centre, and Report PSD -040-17, An Application by Bowmanville Apartments Inc. for the Removal of the Holding (H) Symbol for a 4 storey apartment building (103 units) at 290 Liberty Street North, Bowmanville, at this time. Carried Resolution #PD -113-17 Moved by Councillor Neal, seconded by Councillor Cooke That the Reports PSD -037-17, PSD -038-17, and Report PSD -040-17, be approved, on consent with the exception of Report PSD -038-177, as follows: 12.1 PSD -037-17 An Application by Modo Bowmanville Urban Towns Limited (The Kaitlin Group) to amend the Zoning By-law to permit 167 residential units in a development block, Bowmanville Urban Centre That Report PSD -037-17 be received; That the application to amend the Zoning By-law submitted by Modo Bowmanville Urban Towns Limited to permit 167 residential units in a development block continue to be processed including the preparation of a subsequent report; and That all interested parties listed in Report PSD -037-17 and any delegations be advised of Council's decision. -11- 16 Clarftwn Planning and Development Committee Minutes June 5, 2017 12.4 PSD -040-17 An Application by Bowmanville Apartments Inc. for the Removal of the Holding (H) Symbol for a 4 storey apartment building (103 units) at 290 Liberty Street North, Bowmanville That Report PSD -040-17 be received; That the application submitted on by Bowmanville Apartments Inc. to remove the Holding (H) symbol be approved and that the attached By-law (Attachment 1 to Report PSD -040-17) to remove the Holding (H) Symbol be passed; That Council's decision and a copy of Report PSD -040-17 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation; and That all interested parties listed in Report PSD -040-17 and any delegations be advised of Council's decision. Carried 12.2 PSD -038-17 Applications by 1816451 Ontario Limited to Permit an Auto Mall with a Minimum of the Three Motor Vehicle Dealerships Including Recreational Vehicles/Trailer Sales Establishments, Rundle Road, Courtice Resolution #PD -114-17 Moved by Councillor Hooper, seconded by Councillor Cooke That Report PSD -038-17 be received; That the proposed application for Clarington Official Plan Amendment COPA 2017-0006 and Rezoning ZBA 2017-0011 submitted by 1816451 Ontario Limited continue to be processed including the preparation of a subsequent report; and That all interested parties listed in Report PSD -038-17 and any delegations be advised of Council's decision. Carried 8 Delegations 8.1 Sally Hillis, Enniskillen Environmental Association, Regarding Report PSD -041-17, Clarington Transformer Station Peer Review, Update Sally Hillis, advised the Municipal Clerk's Department, prior to the meeting, that she would be unable to attend as a delegation. 9 Communications - Receive for Information There were no Communications to be received for information. Clarftwn Planning and Development Committee Minutes June 5, 2017 10 Communications— Direction There were no Communications to be received for direction. 11 Presentation(s) 11.1 Steve Usher, Senior Hydrogeologist, SLR Consulting, Regarding Report PSD - 041 -17, Clarington Transformer Station Peer Review, Update Steve Usher, Senior Hydrogeologist, SLR Consulting, was present regarding Report PSD -041-17, Clarington Transformer Station Peer Review Update. He explained that, in his role as peer reviewer, he was present to an annual update. Mr. Usher summarized the report as included in PSD -041-17 as Attachment 1. He added this report covers the period of October 2015 to April 2017. Mr. Usher reviewed the construction dewatering, the annual report reviews for 2015 and 2016 and the resident liaison. Suspend the Rules Resolution #PD -115-17 Moved by Councillor Cooke, seconded by Mayor Foster That the Rules of Procedure be suspended. Carried Resolution #PD -116-17 Moved by Councillor Cooke, seconded by Mayor Foster That the meeting be extended to 11:50 PM. Carried He concluded by advising the Committee that SLR does not feel there have been any adverse effect of the Hydro One Transformer Station. Mr. Usher recommended that there be regular monitoring of the drainage system outflow rate and of the stream levels of both Harmony and Farewell Creeks. Mr. Usher added that SLR would be pleased to review the Whelan Thesis if there are any implications on private wells. Mr. Usher answered questions from the Committee. Suspend the Rules Resolution #PD -117-17 Moved by Councillor Cooke, seconded by Councillor Hooper That the Rules of Procedure be suspended. Carried -13- W Clarftwn Planning and Development Committee Minutes June 5, 2017 Resolution #PD -118-17 Moved by Councillor Cooke, seconded by Mayor Foster That the meeting be extended to 12:15 AM. Carried Councillor Partner left the meeting at 11:52 PM. 12 Planning Services Department Reports 12.1 PSD -037-17 An Application by Modo Bowmanville Urban Towns Limited (The Kaitlin Group) to amend the Zoning By-law to permit 167 residential units in a development block, Bowmanville Urban Centre The Planning Services Department Reports were considered earlier in the meeting immediately following the public meeting section of the Agenda. 12.2 PSD -038-17 Applications by 1816451 Ontario Limited to Permit an Auto Mall with a Minimum of the Three Motor Vehicle Dealerships Including Recreational Vehicles/Trailer Sales Establishments, Rundle Road, Courtice The Planning Services Department Reports were considered earlier in the meeting immediately following the public meeting section of the Agenda. 12.3 PSD -039-17 Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle The Planning Services Department Reports were considered earlier in the meeting immediately following the public meeting section of the Agenda. 12.4 PSD -040-17 An Application by Bowmanville Apartments Inc. for the Removal of the Holding (H) Symbol for a 4 storey apartment building (103 units) at 290 Liberty Street North, Bowmanville The Planning Services Department Reports were considered earlier in the meeting immediately following the public meeting section of the Agenda. 12.5 PSD -041-17 Clarington Transformer Station Peer Review, Update Resolution #PD -119-17 Moved by Councillor Cooke, seconded by Councillor Neal That Report PSD -041-17 be received; -14- 19 Clarftwn That a request be made of Hydro One to: Planning and Development Committee Minutes June 5, 2017 a) Add regular monitoring of the discharge rate of the underdrain to their existing program b) Add monthly monitoring of stream levels in both Harmony and Farewell Creeks at Winchester Road and Langmaid Road be undertaken, with a request to Hydro One to fund it; That the Municipality of Clarington request Mr. Steven Usher of SLR Consulting to participate in the review of the thesis of Ms. Kelly Whelan with an upset budget of $2,500 to be drawn from the Planning Services consulting account; and That all interested parties listed in Report PSD -041-17 and any delegations be advised of Council's decision. Carried Councillor Traill left the meeting at 11:57 PM. 13 New Business — Consideration There were no New Business Item to be considered under this Section of the Agenda. 14 Unfinished Business None 15 Confidential Reports There were no Confidential Reports scheduled under this Section of the Agenda. 16 Adjournment Resolution #PD -120-17 Moved by Councillor Cooke, seconded by Councillor Neal That the meeting adjourn at 11:59 PM. Chair Carried -15- 20 Deputy Clerk Clarftwn Special Planning and Development Committee Minutes June 20, 2017 Minutes of a special meeting of the Planning and Development Committee held on Tuesday, June 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 until 9:36 PM, Councillor W. Woo Staff Present: C. Clifford, D. Crome, C. Pellarin, K. Richardson, J. Gallagher, M. Chambers 1 Call to Order Councillor Woo called the meeting to order at 7:00 PM. 2 Adopt the Agenda Resolution #PD -121-17 Moved by Councillor Partner, seconded by Councillor Traill That the Agenda for the Special Planning and Development Committee special meeting of June 20, 2017, be adopted as presented. Carried 3 Declarations of Interest There were no disclosures of interest stated at this meeting. 4 Public Meetings 4.1 An Application by Kaitlin Homes Limited to Amend the Zoning By-law to Permit the Extension of a Temporary Use Zoning By-law to Facilitate a Temporary Homes Sales Pavilion at 3 Martin Road, Bowmanville Applicant: Kaitlin Homes Limited Report: PSD -042-17 Amanda Watson, Planner I, made a verbal and electronic presentation to the Committee regarding the application. No one spoke in opposition to the application. Enzo Bertucci, Director of Land Development, Kaitlin Homes, spoke to the application. He advised the Committee they are in support the application and Staff report. Mr. Bertucci offered to answer any questions from the Committee. -1- 21 Clarftwn Special Planning and Development Committee Minutes June 20, 2017 4.2 An Application by Simon Gill and Janet Taylor Gill to Permit Agri -tourism Uses on their Farm Property Including Special Events and a Nano-cidery Applicant: Simon Gill and Janet Taylor Gill Report: PSD -043-17 David Addington, Planner I, made a verbal and electronic presentation to the Committee regarding the application. No one spoke in opposition to the application. Kevin Anyan, local business owner, spoke in support of the application. He explained to the Committee that his catering business has catered several family events at Hayfield Farms. Mr. Anyan noted that usually agricultural farms need to be very large to be successful and this type of agri-tourism use will assist to supplement a small business. He added that it is encouraging to see a younger family entering into the farming business and looking at ways to improve and expand existing farming businesses. Mr. Anyan noted that this is a small farming operation that will support the community and provide employment to local students. He offered to answer questions from the Committee. Anne Wilson, local resident, spoke to the application. She explained that she lives on the north side of the subject property. Ms. Wilson noted that she is concerned with the number of events per year. She explained that she is aware that the applicants have the daylily farm and asked if the special events business will be joined together. She also asked if there will be camping on the property. She stated that they share a fence line and that she was concerned that she will see parked cars when she looks over her property. Judy Pell, local resident, spoke to the application. She explained to the Committee that she is not opposed to the concept, but is concerned about the number of events, and questioned if it is only 13 events, will they be all the summer weekends. Ms. Pell added that she is worried that the noise associated with the number of guests and cars parked will negatively affect the rural area. David Trotter, local resident, spoke in support of the application. He explained that this will not impact him and wanted to provide his support to the applicants. Janet Taylor Gill & Simon Gill, applicants, spoke to the application. Ms. Taylor Gill thanked the Committee for the opportunity to speak and for their neighbours attending to provide their comments. She indicated that they want to work with the neighbours to provide the best situation for everyone. Ms. Taylor Gill referenced the information in the handout provided to the Committee which explains their focus on shared community values. She provided background on their business and location. Ms. Taylor Gill indicated that they want to grow a sustainable business by leveraging the historical aspects of their property. She explained that their focus is not just to hold 13 weddings, -2- 22 Cladwwn Special Planning and Development Committee Minutes June 20, 2017 but they plan to be open to public events, charity events, dinner theatre, as well as events focusing on history and craftsmanship. Ms. Taylor Gill added that they will be offering discounts for anyone who has made a donation to local organizations. Simon Gill thanked their neighbours for providing comment. He explained that they are willing to work with the neighbours and have reached out to keep an open dialogue. Mr. Gill explained that they will be capping the number of attendees at 140 for events which should work out to approximately 70 cars. He noted that the festival will be one of the 13 events, and "farm to table" events will be included as part of the 13 events. Mr. Gill added that they are willing to plant a tree line buffer, perhaps with apple trees. To address the concern with noise, they will enforce the noise by-laws at their events and will require a security person at alcohol related events. Ms. Taylor Gill clarified that they had, on one occasion, allowed camping after their own wedding but camping will not be part of this business plan. They offered to answer any questions from the Committee. 4.3 An Application by Newcastle Marina Villa Ltd. (Kaitlin Corporation) To permit 27 townhouse condominium units in the Port of Newcastle Applicant: Marina Villas Ltd. (Kaitlin) Report: PSD -044-17 Cynthia Strike, Principal Planner, made a verbal and electronic presentation to the Committee regarding the application. Sharon Osborne, Director, Durham Standard Condominium Corporation (DSCC) 205 spoke in opposition to the application. She advised the Committee that she was speaking on behalf of the condominium corporation. Ms. Osborne provided background information on the DSCC 205. She continued by explaining to the Committee that this development will negatively impact the current owners. Ms. Osborne advised the Committee that her main concerns are the road access and cost sharing issues. She believes that having only one access point will not allow for sufficient ingress and egress. Ms. Osborne advised the Committee that this is already a busy road. She is concerned with the construction traffic and she is not confident that Kaitlin Corporation will keep the roads clean during construction. Ms. Osborne stated that there should be access on the north side of the property onto Shipway Avenue. She explained that there is no documentation with respect to cost sharing and the existing condominium owners should not be paying for the road maintenance if this road access will be shared. Ms. Osborne added that DSCC 205 is a not-for-profit organization with a small budget and, if Kaitlin Corporation wishes to use the access road, they should be paying for it.. She explained that there is shortage of parking spots and noted that Kaitlin Corporation has maintained ownership of several spots which they will not sell to the current owners of DSCC 205. Ms. Osborne added that the residents may not sell their parking spots to third parties and there are many restrictions with respect to transferring parking spots. She stated that the traffic on Shipway Avenue is an issue and the northeast entrance has significantly -3- 23 Cladwwn Special Planning and Development Committee Minutes June 20, 2017 reduced visibility. Ms. Osborne explained to the Committee that the northwest corner of the subject property is subject to access easement as per their condominium agreement. She added that, in the proposal, this area is to be used as an outdoor amenity area. Ms. Osborne answered questions from the Committee. Janice Chilcott, local resident, spoke in opposition to the application. She explained to the Committee that she is concerned with the traffic and speeding on Shipway Avenue. Ms. Chilcott added that it is already extremely difficult to pull out of her driveway. She believes this development will result in increased traffic, speeding and parking issues. Ms. Chilcott asked for a stop sign to be placed at Shipway Avenue and Carveth Crescent. She noted that there is already a great deal of traffic, when leaving the Port of Newcastle, due to the three-way stop on Port of Newcastle Drive. Ms. Chilcott concluded by advising the Committee she believes there is too much development and the traffic needs to be controlled. Dr. Karen Cullen, local resident, spoke in opposition to the application. She noted she is concerned with increased traffic coming in and out of the Port of Newcastle. Dr. Cullen feels the density is too high for the area and noted the subject property is much smaller than it appears to be on the slides. She provided details on issues she has had with Kaitlin Homes including poor window installation and leaks in her home. Dr. Cullen concluded by presenting a petition with 25 signatures in opposition to this application. The petition contained the following request "We, the homeowners of Condominium Corporation DCC 192 at 375, 385 and 395 Lakebreeze Drive, Newcastle, petition the Municipality of Clarington, of the Municipality of the Region of Durham, to decline Kaitlin Corporation's request to have the property described above zoned for condominium townhomes". She answered questions from the Committee. John Pierrepont, local resident, spoke in opposition to the application. He explained to the Committee he feels this development is too large for the proposed location and is concerned with the height of the building. Mr. Pierrepont advised the Committee that he learned of this proposal last weekend and noted that Kaitlin Corporation is advertising on their website as if they have received the final approval. He added that the starting price for these townhomes is $600,000 and he feels this is far too much for the size of the homes. Mr. Pierrepoint is concerned with Kaitlin Corporation using the easements to access a road which was paid for by the existing condominium corporation. He feels this will cause increased parking, traffic, and safety issues. Mr. Pierrepont explained to the Committee that, even with all of the negative comments about Kaitlin Corporation, he feels they have developed a beautiful area in the Port of Newcastle. He added that he is concerned with the lack of designated greenspace in the area. Mr. Pierrepont concluded by asking Council to look at the proposal again and consider the comments of the residents. Christina Plourde, Property Manager for Durham Standard Condominium Corporation (DSCC) 228, spoke in opposition to the application. Ms. Plourde advised the Committee that there are daily issues related to construction. She noted DSCC 228 recently took over the management of Building D and the owners have been forced to move into "less 24 Cladwwn Special Planning and Development Committee Minutes June 20, 2017 than ideal" conditions. Ms. Plourde added that the list of unfinished items it too large to list. She noted that there are concerns with the easement access affecting DSCC 205. Ms. Plourde believes the roads need to be assessed to determine if they can handle the additional construction traffic. She concluded by stating these issues should be addressed prior to approving additional development. Rosanne Bell, local resident, spoke in opposition to the application. She explained her condo is directly across from the Admiral's Walk Clubhouse. Ms. Bell noted that Kaitlin Corporation is proposing two additional condominium buildings to be built to the east of the clubhouse. Ms. Bell concluded by stating all of the development will cause increased traffic. Sandra Crabb, local resident, spoke in opposition to the application. She advised the Committee that she was the first person Kaitlin Corporation would not allow to purchase an additional parking space. Ms. Crabb noted she was looking to purchase the space for her daughter. She believes these spaces are being reserved for the new development. Ms. Crabb noted many homes surrounding the subject property are being sold. She is concerned with the increased traffic and speeding in the area. Ms. Crabb concluded by advising the Committee there should be an additional access point on Shipway Avenue. Leah Davis, local resident, spoke in opposition to the application. She stated that the original drawings showed access onto Shipway Avenue. Ms. Davis does not believe this development should have access to their property and roadways. She explained that traffic and speeding are concerns and that this development should have their own roadways. Elena Simington, local resident, spoke in opposition to the application. She stated that Durham Standard Condominium Corporation 205 has an easement on the subject property. Ms. Simington added that anyone will be able to use the proposed outdoor amenity area on the subject property. Dianne Stone, local resident, spoke in opposition to the application. She explained to the Committee that she feels there should be two access points onto Shipway Avenue. Ms. Stone stated that they pay for the maintenance of the roads and sidewalks and this new development should not be permitted to use these roadways. She advised the Committee that sidewalks should be added as the roadway is not wide enough. Ms. Stone continued by explaining that, with the additional construction traffic, the addition of sidewalks would make it safer for those walking in the area. She advised the Committee she is concerned with the dust from the construction. Ms. Stone noted that, if more buildings are being developed east of Shipway Avenue, this will add to the traffic concerns. She is concerned there are no proposed parks and noted that the existing parks are unsafe. Ms. Stone requested that additional parks, gazebos, shops and small restaurants be considered for this area. Ms. Stone explained that she has had numerous construction and maintenance related issues and noted that she pays almost $400.00 per month in maintenance fees. She concluded by asking the members of Council to consider the request of the residents. -5- 25 Clarftwn Special Planning and Development Committee Minutes June 20, 2017 Barry Knodel, local resident, spoke in opposition to the application. He explained to the Committee that, when the townhomes to the west were built, they had issues with the placement of the downspouts. Mr. Knodel continued by explaining that this resulted in the condominium owners' parking spots being flooded. He advised the Committee that Kaitlin Corporation had to place catch basins on the townhouse properties to correct the problem. Mr. Knodel concluded by asking the members of Committee to ensure all plans submitted by Kaitlin Corporation are followed correctly. No one spoke in support of the application. Enzo Bertucci, Director of Land Development, Kaitlin Homes, spoke to the application. He thanked everyone for attending and providing comments to the application. Mr. Bertucci advised the Committee that he is unable to address any of the construction issues as he does not have the information available. He explained that he is able to address concerns with the application. Mr. Bertucci noted that this development was originally approved for 63 units and they are seeking to downsize the zoning. He continued by explaining the current proposal gives the building more of an urban presence. Mr. Bertucci stated that the original plan proposed had an additional access point and they were advised it was not required. He added that, as a result of this advice, they changed the design plan. Mr. Bertucci advised the Committee that this proposal complies with both the Zoning By-law and Official Plan. He added that there is a possibility of changing the design and an opportunity for future commercial development in this area. Mr. Bertucci offered to answer any questions from the Committee. Recess Resolution #PD -122-17 Moved by Mayor Foster, seconded by Councillor Partner That the Committee recess for 10 minutes. Carried Councillor Traill left the meeting at 9:36 PM. The meeting reconvened at 9:49 PM with Councillor Woo in the Chair. 4.4 An application by a group of land owners to amend the Worden East Neighbourhood Design Plan and three applications to subdivide a portion of those lands in Courtice Applicant: Schleiss Development Company, Clifford Curtis, Michael Zygocki and Baseline Properties Limited Report: PSD -045-17 Mitch Morawetz, Planner, made a verbal and electronic presentation to the Committee regarding the application. 26 Cladwwn Special Planning and Development Committee Minutes June 20, 2017 Nancy Muzik, local resident, spoke in opposition to the application. She stated that she was concerned about how the natural heritage system will be impacted. Ms. Muzik stated that the subject land is a large wood lot with many species of wildlife. She noted that environmental impact study (EIS) did not include several of the species that exist in the woodlot. Additionally, Ms. Muzik noted that EIS was only done three times (twice in May and once in October), which was not at the appropriate times, in her opinion. She was concerned with all of the wooded areas that will be taken down and does not feel that a 30 foot buffer is enough. Ms. Muzik added that she is also concerned with the impact on the water table. She noted that, when some of the houses on Centrefield Drive were built, the swamp land was drained. Ms. Muzik stated that there are plant species listed in the plan which will not survive. She concluded by stating that she is mainly concerned with the environmental impact and protection of the woodlots. Donna Murray, local resident, spoke in opposition to the application. Ms. Murray stated that she was not happy about the hour at which this matter was being discussed at the meeting. She stated that she agrees with her neighbour regarding the concern for the forested area. Ms. Murray noted that Tooley Road has been surrounded by development, including the 407, and far too many trees have been taken down. She noted that, with the Energy from Waste incinerator in Clarington, the air quality needs to be considered and the trees need to be left to help with air quality. Ms. Murray informed the Committee that they have had major flooding due to the elimination of the trees. She feels there has not been adequate studies completed. Ms. Murray stated that the archeological study included several samples taken from her own property and not the subject property. She added that Tooley Road is part of Courtice's history and it is different than other communities. Ms. Murray concluded by asking Council to consider the impacts of what will happen when all of the trees are taken down. Ted Oortwyn, local resident, spoke in opposition to the application. Mr. Oortwyn stated that he was in agreement with the previous delegations. He stated that he is concerned with the additional traffic on Centerfield Drive, especially with Tim Hortons, located at the end of Centrefield Drive, which causes additional traffic. Karin Cox, local resident, spoke in opposition to the application. Ms. Cox stated that she is a new resident to the area and knows that development is needed but feels that some natural areas should be kept intact. She expressed concern that the development does not benefit the area residents and that greenspace will be lost. Ms. Cox noted that the design plan has ground water aquifer susceptibility and the water quality will be lowered and the wetland in the area will be negatively impacted. Ms. Cox noted that the Ontario Nature Society states that Ontario has lost 70% of their wetlands due to development. She concluded that she can find no reason to support this development. Roland Saunders, local resident, spoke in opposition to the application, in particular the neighbourhood plan. Mr. Saunders noted that the storm drains will drain to Tooley Road and then the storm water will be directed to a facility. He stated that the drain system is not proportionate to the area and he does not know how a storm water system will be built there. Mr. Saunders believes this will cause major flooding and he does not know 7- 27 Clarftwn Special Planning and Development Committee Minutes June 20, 2017 how this will be controlled. He stated that he concerned about this development causing flooding in Farewell Creek. Mr. Saunders concluded by stating that he believes an Environmental study needs to be done. Halina Workman, local resident, spoke in opposition to the application. Ms. Workman stated that she appreciates that the Planning Department has acknowledged that the studies are incomplete but questioned how anyone can say that this development will not impact the natural heritage area. Ms. Workman requested the land be preserved and the greenspace not be compromised. She asked that a special study be completed prior to approval of this application. She stated that she feels that this development should progress after the Adelaide Road extension study is completed. Ms. Workman concluded by stating that she is not opposed to development, but not in this way. Eleanor von Gunten, local resident, spoke in opposition to the application. Ms. Von Gunten stated that the homes on the east side of Tooley Road do not have sump pumps but those on the west side have sump pumps running all the time. She concluded by stating that heritage and nature needs to be preserved for future generations. Kim Joseph, local resident, spoke in opposition to the application. Ms. Joseph stated that she agrees with everything the previous delegations have stated. She added that she is concerned that Springfield Road will now be extended. Scott Mater, local resident, spoke in opposition to the application. Mr. Mater advised that he moved to the area in 2015 and that his family was fine with the previously approved development but they did not realize this would happen. He stated that his road is now is closed for six weeks and expressed concern with the different types of notification for the road closure. Mr. Mater asked for clarification of the blue areas on the map. He noted that he believed that recently the lots in the area had been limited to 17 metres wide and therefore the lots in the subject lands should have the same limitations. Mr. Mater stated that he agreed with the previous delegations. He added that these developments should wait as water is always an issue and the wildlife will be affected. Connie Hamers, local resident, spoke in opposition to the application. Ms. Hamers explained that she had moved to the area last year because it was small bungalows and her home backed onto greenspace. She stated that she was concerned that the new houses will be two storey (affecting her privacy) and her standard of living will go down. Ms. Hamers added that she is concerned that the traffic will increase and she is worried about the wildlife and vegetation in the area. Linda Harles, local resident, spoke in opposition to the application. Ms. Harles informed the Committee that she has lived in the area for 30 years. She added that her family has used the dead end road for recreation and they knew there would be development when they moved in but were told it would be a court with 8-10 homes. Ms. Harles informed the Committee that her family has seen a lot of wildlife over the years. Ms. Harles concluded by stating that traffic will increase and the land needs to be treated properly. Cladwwn Special Planning and Development Committee Minutes June 20, 2017 Michael Strahl, local resident, spoke in opposition to the application. Mr. Strahl informed the Committee that he has been a resident of the area for 22 years. He stated that he agrees with the previous delegations. Mr. Strahl added that she is concerned about the impact on the environment and stated that the issues cannot afford to be swept under the rug. He urged the Committee to think about deforestation and the environment. Mr. Stall stated that he is concerned for the wildlife, the trees, and the ecosystem and the impact that this plan would have on them. He requested clarification on how much protection the buffer zone would have under this proposal. In conclusion, Mr. Strahl asked the Committee to consider the inadequate studies as he does not feel enough has been done. Nancy Rodrigues, local resident, spoke in opposition to the application. Ms. Rodrigues stated that she is concerned with the increased traffic both from the new residents as well as the construction equipment, and the impact on school buses due to more children in the area. She noted that there is no room for construction vehicles to be parked. Ms. Rodrigues asked whether sidewalks will be installed and asked for more information about the further development plots. Ms. Rodrigues questioned why traffic from the subdivision is going to exit onto Centrefield Drive and not onto Tooley Road. She concluded by stating that she is concerned that this will increase congestion on Tooley and Nash Roads. Ernie Rainbow, local resident, spoke in opposition to the application. Mr. Rainbow stated that he agreed with the previous delegations including the environmental concerns. Mr. Rainbow asked about the coloured sections on the map and stated that the increased density will have a huge impact on the area. He added that he is concerned about the traffic and the protected land. Neil Verbeek, local resident, spoke in opposition to the application. Mr. Verbeek stated that he agrees with previous delegations about the environmental impact and is concerned that hundreds or even thousands of trees will be removed. Mr. Verbeek added that he is concerned that water table issues and erosion will be problems. He stated that trees provide clean air and oxygen and we are not forward thinking if the deforestation is allowed. No one spoke in support of the application. Bryce Jordan GHD, was present representing the applicants. Mr. Jordan thanked staff for the public meetings at the early stage of development. He added that he looks forward to moving forward in the process. Mr. Jordan informed the Committee that the lands have been subject to development for 40 years and the 15 metre frontage has been in place since the 1980's. He stated that the services were intended to be used to the lot line but now the sewers are getting closer to the site and this is why these applications have come forward at this time. Mr. Jordan believes more public meetings and PIC's will be conducted. He concluded by stating that he looks forward to the peer reviews and further public consultation. 29 Clarftwn Suspend the Rules Resolution #PD -123-17 Special Planning and Development Committee Minutes June 20, 2017 Moved by Mayor Foster, seconded by Councillor Neal That the Rules of Procedure be suspended. Carried Resolution #PD -124-17 Moved by Mayor Foster, seconded by Councillor Cooke That the meeting be extended until 11:30 PM. Carried 5 Delegations No Delegations Alter the Agenda Resolution #PD -125-17 Moved by Councillor Neal, seconded by Mayor Foster That the Agenda be altered to consider Report PSD -045-17, An application by a group of land owners to amend the Worden East Neighbourhood Design Plan and three applications to subdivide a portion of those lands in Courtice, at this time. Carried 6 Planning Services Department Reports 6.4 An Application by a Group of Land Owners to Amend the Worden East Neighbourhood Design Plan and Three Applications to Subdivide a Portion of Those Lands in Courtice Resolution #PD -126-17 Moved by Councillor Neal, seconded by Councillor Cooke That Report PSD -045-17 be received; That staff consider the public comments received in the further processing of the applications submitted by the group of lands owners to amend the Worden East Neighbourhood Design Plan and for the development of three plans of subdivision S -C-2017-0002, S -C-2017-0003 and S -C-2017-0004; and -10- 30 Clarftwn Special Planning and Development Committee Minutes June 20, 2017 That all interested parties listed in Report PSD -045-17 and any delegations be advised of Council's decision. Carried Resolution #PD -127-17 Moved by Councillor Neal, seconded by Councillor Hooper That the remainder of the Reports, be approved, on consent with the exception of Report PSD -044-17, as follows: 6.1 An Application by Kaitlin Homes Limited to Amend the Zoning By-law to Permit the Extension of a Temporary Use Zoning By-law to Facilitate a Temporary Homes Sales Pavilion at 3 Martin Road, Bowmanville That Report PSD -042-17 be received; That the proposed application for Rezoning ZBA2017-0013 by Kaitlin Homes Limited be approved and the By-law contained in Attachment 1 to Report PSD -042-17, be adopted; That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -042-17 and Council's decision; and That all interested parties listed in Report PSD -042-17 and any delegations be advised of Council's decision. 6.2 An Application by Simon Gill and Janet Taylor Gill to Permit Agri - Tourism Uses on their Farm Property Including Special Events and a Nano-Cidery That Report PSD -043-17 be received; That staff consider the public comments received in the further processing of the Clarington Official Plan and Zoning By-law Amendment applications submitted by Simon Gill and Janet Taylor Gill to permit agri-tourism uses on their farm property; and That all interested parties listed in Report PSD -043-17 and any delegations be advised of Council's decision. 6.5 Process Enhancement Project Progress Update That Report PSD -046-17 be received for information. Carried -11- 31 Clarftwn Special Planning and Development Committee Minutes June 20, 2017 6.2 An Application by Newcastle Marina Villa Ltd. (Kaitlin Corporation) To Permit 27 Townhouse Condominium Units in the Port of Newcastle Resolution #PD -128-17 Moved by Mayor Foster, seconded by Councillor Hooper That Report PSD -044-17 be received; That staff consider the public comments received in the further processing of the proposed application for rezoning ZBA 2017-0005 submitted by Newcastle Marina Villa Ltd; and That all interested parties listed in Report PSD -044-17 and any delegations be advised of Council's decision. Carried 7 Adjournment Resolution #PD -129-17 Moved by Councillor Partner, seconded by Councillor Neal That the meeting adjourn at 11:29 PM. Chair Carried -12- 32 Deputy Clerk ClaFftWR Notice of Public Meeting and Notice of Public Information Centre A land use change has been proposed. Learn more and have your say! 33 Applicant: SmartREIT Proposal: To rezone the lands near the southeast corner of Waverley Road and Baseline Road to accommodate a 25,360 square metre (273,000 square foot) retail outlet centre. OM 7Location: 205 Baseline Road West, Bowmanville (site of the vacant RONA building and the surrounding lands). W a [ w � E � w Q � a x y u CL O iA BASELINE ROAD WEST O SHELL 3 - - - FUELBAR .... .... IIII I Ili II �11IIII�� • II II�I ��� I ,11111 1 iIIliii�1 . � �ml J W �._._.��y-•..._._._�.- .__. 5�-- E ICYNG1ryAY Conceptual Site Plan (source: SmartREIT) Want More Information? The application and background studies are available for review at the Planning Services Department or at www.clarington.net/outletcentre/outletcentre. If you have any questions, please contact Paul Wirch or Carlos Salazar, at 905-623-3379, extension 2418, or by email at pwirchpwirch_clarington.net. . .- How . Provide Comments Public Information Centre: Public Public Meeting: The developer (SmartREIT) will be hosting a The Planning and Development Committee of drop-in Public Information Centre on: Clarington Council will be holding a Public Meeting on: Date: Monday, June 19, 2017 Date: Monday, June 26, 2017 Time: 6:00 p.m. to 8:00 p.m. Time: 7:00 p.m. Place: Holiday Inn Express Place: Municipal Administrative Centre 37 Spicer Square, Bowmanville Council Chambers 40 Temperance Street, Bowmanville File Number: ZBA2017-0016 33 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk's Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Clerk's Department at 905-623-3379, extension 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed, you will not be entitled to appeal the decision to the Ontario Municipal Board and you will not be able to participate at a hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. 417;10z_ David J. Crome, MCIP, RPP Director of Planning Services I:\^Department\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2017\ZBA2017-0016 Outlet Centre\4-Public Notice\ZBA 2017-0016 Notice of PIC & PM.docx 34 Clarbgtoa Notice of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Official Plan and Zoning By-law for an apartment -in-house proposal. :2,1101 $14 Soroya Yule and Spencer Yule are proposing to amend the Official Plan and Zoning By-law to permit an apartment -in-house within a new addition to the existing dwelling on the rural residential property. The application submission has been deemed complete. 4443 Concession Road 5, Former Township of Clarke The property is located on the south side of Concession Road 5, west of Regional Road 18. A Concession Road 5 Y _. Subject Property 4. ,.6 Y co O i i Cz O .rn 4„ d ZBA 2017-0017. PA �co 201.7-0009 GF - * 1 How to • - Informed The proposed Official Plan and Zoning By-law amendments together with any additional information and background studies are available for review at the Planning Services Department and on our website at clarington.net/developmentproposals Questions? Please contact Planner Amanda Watson at 905-623-3379, extension 2420, or by email at awatson(a)-clarington.net How to Provide Comments Speak at the Public Meeting: Date: Monday, June, 26, 2017 Time: 7:00 pm Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6 Municipal Administrative Centre Council Chambers Or write to the Planning Services Department to the attention of Amanda Watson. File Number: COPA2017-0009 & ZBA2017-0017 35 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk's Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed, you will not be entitled to appeal the decision to the Ontario Municipal Board and you will not be able to participate at a hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do to. 41*1tt_ David J. Crome, MCIP, RPP Director of Planning Services 36 Clarftwa Nonce of Public Information Centre Notice of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend Zoning By-law 84-63. Applicant: Municipality of Clarington Application to Amend Zoning By-law 84-63 Proposal to rezone 50 Osborne Road, former Manheim's Auto Auction to remove the exception permitting an automotive auction on the lands. The application submission has been deemed complete. Address: 50 Osborne Road, Courtice Subject Property .HIGHWAY40� --Minn SERVICE ROgp_ a o a w -7Z ac _. 0 M oco: 50 ENE9 Y3L6R1VE 7_4 •' 72 f The proposed zoning by-law amendment together with any additional information and background studies submitted in support of the application are available for review at the Planning Services Department. Questions or Comments? Please contact or write to Carlo Pellarin, Manager of Development Review at 905-623-3379, extension 2408, or by email at cpellarin .clarington.net. Statutory Public Meeting: Date: Monday, June 26, 2017 Time: 7:00 p.m. Place: Municipal Administrative Centre 40 Temperance Street, Bowmanville, ON L1C 3A6 File Number: ZBA 2017-0018 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk's Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Clerk's Department at 905-623-3379, extension 2109. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed, you will not be entitled to appeal the decision to the Ontario Municipal Board and you will not be able to participate at a hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do to. 417;tce— David J. Crome, MCIP, RPP Director of Planning Services I:\ADepartnnent\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\201TZBA2017-0018 MOC- Energy Park\Public Meeting. Notice_ 02'Jun'2017docx.docx RE: Letter of Undertaking for John Roznik, 1093 Gifford Road, Clarke Second Letter of Undertaking to expire on July 25, 2017. Building Permit # 16.071.3 would like to request Council's approval to exceed the July 25t' 2017 date for the completion of the new dwelling and removal of the existing dwelling. I expect to obtain conditional occupancy in order to move in to the new house within the next 4 to 6 weeks and immediately begin the removal of the existing dwelling. Since I am doing the work myself, I have greatly underestimated my ability to complete the necessary tasks in a timely fashion -and run my farm at the same time. The construction of the new dwelling is proceeding slower than expected and will not be completed for occupancy by the July 25th date and therefore also delaying the -removal of the existing dwelling. You're approval to extend the date for meeting the requirements of the Letter of Undertaking would be greatly appreciated. John A Roznik June 19, 2017 39 Clarftwa PI nnin Services Planning Se ces Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Report To: Planning and Development Committee Date of Meeting: June 26, 2017 Report Number: PSD -047-17 Resolution Number: File Number: ZBA 2017-0016 By-law Number: Report Subject: An Application by SmartREIT to rezone the subject lands to accommodate a 25,360 square metre retail outlet centre, Baseline Road, Bowmanville Recommendations: 1. That Report PSD -047-17 be received; 2. That staff consider the public comments received in the further processing of the application for rezoning (ZBA 2017-0016) including the preparation of a subsequent report; and 3. That all interested parties listed in Report PSD -047-17 and any delegations be advised of Council's decision. HE Municipality of Clarington Report PSD -047-17 Report Overview Page 2 The Municipality is seeking public input on a proposal for a 25,360 square metre (273,000 square feet) retail outlet centre. SmartREIT is proposing to build a retail outlet centre across three properties located near the southeast corner of Waverley Road and Baseline Road West. The project will involve demolishing the vacant RONA building and using a cut and fill plan to replace the flood storage capacity required in the floodplain of the Bowmanville Creek. The Applicant has submitted several technical studies to support their proposal and demonstrate their conformity with the land use planning requirements of the Province, the Region of Durham and Clarington. 1. Application Details 1.1. Owner: Bowmanville Creek Developments Inc. 4246551 Canada Inc. & 220 Real Estate Limited Partnership Municipality of Clarington 1.2. Applicant: SmartREIT 1.3. Agent: MHBC Planning Limited 1.4. Proposal: To rezone the subject lands to accommodate a 25,360 square metre (273,000 square feet) retail outlet centre. 1.5. Area: 33.3 ac. 1.6. Location: 205 Baseline Road West, Bowmanville (site of the vacant RONA building and the surrounding lands). 1.7. Roll Number: 020-120-20705, 020-120-20650, 020-120-20750, 020-120-20600 1.8. Within Built Boundary: Yes 41 Municipality of Clarington Report PSD -047-17 Page 3 2. Background 2.1. The land at the southeast corner of Waverley Road and Baseline Road West have been planned for commercial development for over 30 years. The site is comprised of three properties (see Figure 1). 4246551 Canada Inc. owns the 3.75 ha property in the middle of the site that is occupied by the vacant RONA building. The second property wraps around the RONA property on three sides (west, south and east) and is owned by Bowmanville Creek Developments Inc. (BCD Inc.). It was intended that a RONA home improvement store would be the large retailer that would anchor the smaller retail and restaurant development on the rest of the site. The third property, along the east side of the site, is currently owned by the Municipality. In conjunction with this development proposal, the Applicant has requested that the Municipality consider deeming this land surplus and make it available for purchase. Figure 1 — The three properties within the proposed development site .r - r N i RONA i - HIGHWAY 4�1 42 ZBA'201 -- 0016_' "lit .r - r N i RONA i - HIGHWAY 4�1 42 ZBA'201 -- 0016_' Municipality of Clarington Report PSD -047-17 RONA Property Page 4 2.2 In the fall of 2006, Site Plan approval was given for a 7,511 square metre (80,850 square foot) home improvement store. The current RONA building was constructed in 2008 but the building was never occupied. The Bowmanville store opening (along with three other RONA stores) was initially delayed due to the 2008 recession. 2.3 In July 2009, RONA made the decision to list the property and building for sale or lease. Over the past eight years municipal and Clarington Board of Trade staff have received numerous inquiries from prospective tenants and purchasers. However, the zoning regulations limited the types of businesses that could occupy the existing building. A Minor Variance application was submitted in September of 2016 to expand the list of businesses that could operate from the RONA property and building. The approved Minor Variance expanded the permitted uses from building supply and large product retailers to include other forms of retail sales. Bowmanville Creek Development Inc. Property 2.4 Development applications were also received to develop the lands surrounding the RONA store that are owned by Bowmanville Creek Developments Inc. (BCD Inc.). Final Site Plan Approval was granted by the Ontario Municipal Board in August of 2006. This approval was for 11,678 square metres (125,700 square feet) of commercial floor area. However, without an anchor tenant occupying the RONA building, no development has taken place on the BCD Inc. property. Municipality of Clarington Property 2.5 The lands to the east of the RONA and BCD Inc. properties is located within the floodplain of the Bowmanville Creek. In its current state, this land is environmentally protected. Through detailed consultations with the Municipality and Central Lake Ontario Conservation Authority the Applicant has put forward a cut and fill plan to reallocate a portion of the flood storage capacity to an approved location in the Bowmanville Creek watershed. By placing fill on the Municipal land the Applicant is proposing to bring this land out of the floodplain and make it suitable for development. Current Proposal 2.6 A Pre -consultation Meeting was held with the Applicant and their consultants on May 11, 2017. Following that meeting, SmartREIT submitted an application to rezone the subject lands to accommodate a 25,360 square metre (273,000 square feet) retail outlet centre on May 26, 2017. A conceptual site plan is shown in Figure 2. 43 Municipality of Clarington Report PSD -047-17 2.7 Outlet centres are generally characterized by the following key attributes: Page 5 • They contain retail tenants that sell their brand-name goods at discounted prices; • They typically have much larger trade areas than traditional retail centres, extending as far as 50-60km or more in many cases; • They often do not have traditional anchor tenants, rather a collection of several major retailers that function as large `draws' or attractions; • They are generally located along major well -travelled highways, and in close proximity to significant tourist destinations, and/or with access to major consumer markets; and • They generally range in size from 4,600-37,000 square metres (50,000-400,000 square feet) in gross leasable area. (source: urbanMetrics) 2.8 The application was deemed complete on June 9, 2017. Figure 2 — Conceptual Site Plan (Source: SmartREIT) LU M a 1� a u a BASELINE ROAD WEST 0 SHELL _____ FVELSAR �Uj� �� ]A BUILDINGSLLI WEyJ 5G[J HIGHWAY 401 Municipality of Clarington Report PSD -047-17 Page 6 2.9 Should this rezoning application be successful, the tentative timeline for this project is as follows: • Development approvals — Fall of 2017 • Earth works to implement the cut and fill plan — 2018 • Building Construction — 2019 • Opening Day — Summer of 2020 3 Land Characteristics and Surrounding Uses 3.1 The subject site is located in the south end of Bowmanville, near the southeast intersection of Waverley Road and Baseline Road West. The site is comprised of vacant land and an unoccupied home improvements store. Figure 3 — Development site and surrounding lands aIS v,uZ,l ON Ia t 1.{IGNvv►'�' �.. 45 ZBA 2017 - Oi Municipality of Clarington Report PSD -047-17 Page 7 3.2 The surrounding uses include: North - Low density, residential neighbourhood (see Figure 4) South - Highway 401 East - Bowmanville Creek and TSC store West - Shell fuel bar, Waverley Road interchange Figure 4 — Homes on Lockhart Gate 4. Provincial Policy A few of the objectives of the Provincial Policy Statement and the Growth Plan for the Greater Golden Horseshoe is to ensure that new development occurs within existing settlement areas and takes advantage of existing municipal infrastructure. The subject site is located within the "Built Boundary" of the Bowmanville Urban Area. A significant portion of new growth must occur inside of the built boundary (existing neighbourhoods). In addition, development should not prevent the future expansion of the community. Development should be coordinated to ensure a balance between promoting economic prosperity and efficiently managing the natural environment. Maintaining the vitality and viability of downtowns and main streets is also a key objective of Provincial policy. Development shall generally be directed outside of hazard areas (such as floodplains) or areas of environmental sensitivity. However, Provincial policy also sets the broad conditions that must be satisfied before development can proceed in these areas. The detailed application of the Provincial policies is reflected in the policies of the Durham Regional Official Plan and the Clarington Official Plan. W Municipality of Clarington Report PSD -047-17 5. Official Plans 5.1 Durham Regional Official Plan Page 8 The Durham Region Official Plan designates the subject site as "Living Areas" to the west and "Major Open Space Areas" to the east. "Living Areas" are intended to be used for housing purposes as well as limited office and retail in appropriate locations provided that the functions and characteristics of other commercial areas such as Town Centres (now known as Urban Centres in Clarington OPA 107) are not adversely affected. In addition, local centres and corridors, major retail uses and certain Employment Area uses may be permitted, provided appropriate designations and policies are included in the municipal official plan. The "Major Open Space Areas" matches the area of the site that is currently within the floodplain of the Bowmanville Creek. A "Key Natural Heritage and Hydrologic Feature" is also identified as crossing the eastern part of the development site. Development and site alteration is not permitted within areas subject to flooding hazards. However, development may be considered in these areas identified, in accordance with relevant Provincial policies and regulations. Baseline Road West and Waverly Road are identified as Type "A" Arterial Roads. On May 3, 2017, Durham Regional Council received a report on the transportation improvements required to the Highway 401 interchange at Waverley Road. The report provided the following evaluation of the proposed outlet centre. "The development of the SmartREIT site supports employment growth in the Region and conforms to the Living Area designation in the Regional Official Plan. The proposed development represents a significant new private investment and would create new local jobs, attract visitors and could be a catalyst for other new development. In particular, the Regional Official Plan recognizes that the Region will have an interest in commercial planning if a commercial proposal is 56,000 square metres (602,800 square feet) or larger in size, or if the proposal would have the potential to negatively impact the planned functions of a Regional Centre. The SmartREIT proposal, at 25,362 square metres (273,000 square feet), does not exceed / compromise either of these tests (Report #2017 -COW -100)." 5.2 Clarington Official Plan The Clarington Official Plan (Official Plan) currently designates the subject site as "Highway Commercial" to the west and "Environmental Protection Area" to the east. Businesses within the "Highway Commercial" designation are intended to serve the specialized needs of residents on an occasional basis. They generally require large parcels of land to accommodate large format stores and benefit from exposure to highway traffic. Retail and service commercial uses are permitted within this designation. 47 Municipality of Clarington Report PSD -047-17 Page 9 The east side of the development site is located within the floodplain of the Bowmanville Creek. As a result, these lands are designated "Environmental Protection Area". The boundaries of the Environmental Protection Area are based on the limits of the floodplain. No new buildings or structures are permitted on lands identified as natural hazards such as floodplains. The Official Plan permits minor deviations to these designation boundaries, without amendment, provided such deviations do not alter the intent of this Plan. The Applicant is proposing to compensate for the floodplain storage capacity within the development site on other lands. This will be done by placing fill in the area of the site that is within the floodplain. An Environmental Impact Study and a Cut and Fill Plan have been submitted by the Applicant to determine the amount of fill that must be brought on site and where the new floodplain boundary should be located. This matter will be reviewed carefully. 5.3 Clarington Official Plan as amended by Amendment 107 (OPA 107) The subject site is designated "Gateway Commercial" to the west and "Environmental Protection Area" to the east under OPA 107. The "Gateway Commercial" designation is intended to serve the specialized needs of residents and attract tourists and visitors to the Municipality. They generally require large parcels of land to accommodate large format stores and benefit from exposure to highway traffic. Retail and service commercial uses are permitted within this designation. In addition to the floodplain of the Bowmanville Creek, the policies of OPA 107 also identify parts of the development area as being part of a Natural Heritage System. The "Environmental Protection Area" policies in OPA 107 are the same as those contained in the current Official Plan as outlined in Section 5.2 of this report. 6. Existing Zoning Rights and Changes Requested 6.1 The western part of the development site is zoned "Special Purpose Commercial (C5)" (the RONA property) and "Special Purpose Commercial Exception (C5-14)" (the majority of the BCD Inc. property). Both zones permit a variety of commercial uses including retail commercial uses. The combined floor area that has already been approved on the development site is 19,189 square metres (206,500 square feet). There is no limit on the maximum floor area in either zone. However, the "C5-14" zone does include limits on individual unit sizes. 6.2 The eastern part of the site is zoned "Environmental Protection" (the Municipal property) and "Environmental Protection Exception (EP -16)" (the balance of the BCD Inc. property). This part of the site is located within the flood plain of the Bowmanville Creek. 6.3 The Applicant has requested that a number of changes be made to the existing zoning requirements to accommodate a 25,360 square metre retail outlet centre. An outline of the requested changes is included in Table 1 below. Municipality of Clarington Report PSD -047-17 Table 1 — Requested Zoning Changes Page 10 Zoning Requirement Existing Zoning By-law Proposed Zoning Amendment Retail Outlet Centre Not defined Proposed definition — Retail Outlet Centre: shall mean an open-air and/or enclosed centre that comprise retail commercial establishments typically selling brand- name goods at a discount. In addition uses such as eating establishments, personal service shops, places of entertainment, fitness centres and other uses are incorporated to compliment the retail commercial establishments. Personal Service Shop Not permitted Permit Personal Service Shop Fitness Centre Not permitted Permit Fitness Centre Limits on total floor area None None Limits on individual unit sizes Only a limited on the number Delete all individual unit size of individual units under 465 limits square metres (5,000 square feet) are permitted Maximum Height for Non- 10 metres 20 metres Hotel Buildings Front Yard Setback 15 metres 6 metres Exterior Side Yard Setback 10 metres 6 metres Minimum parking No parking ratio for retail Retail Outlet Centre = requirements outlet centres 1:20 square metres Municipality of Clarington Report PSD -047-17 7. Background Studies Submitted by the Applicant 7.1 Planning Justification Report Page 11 The Planning Justification Report provides a list of all items requested by this rezoning application. It describes a retail outlet centre as high-end and brand name retailers selling merchandise at discounted prices. These will typically be apparel retailers rather than household goods, grocery or home improvement retailers. According to the Planning Justification Report, the requested rezoning and the proposed outlet centre development are consistent with: • The Provincial Policy Statement; • The Growth Plan for the Greater Golden Horseshoe; • The Durham Regional Official Plan; • The Clarington Official Plan; and • The Clarington Official Plan as amended by OPA 107. In addressing the restrictions on individual unit sizes, the Planning Justification Report states: "Over the years, the Municipality has instituted individual unit size restrictions on various retail commercial developments outside of the Downtown, including on the subject site. The intent and purpose of unit size restrictions was to avoid unacceptable market impacts to merchants in Downtown Bowmanville. As Downtown Bowmanville has continued to prosper and maintain viability, the need for restrictions on unit sizes has lessened considerably (as previously identified through the urbanMetrics Report completed for the Municipality). As a result, Municipal staff have supported the removal and / or lessening of unit size restrictions on commercial developments in other areas of Bowmanville (Planning Report, page 7)." Building on the comments made in the urbanMetrics Report commissioned by the Municipality, the Planning Justification Report states that the proposed development "will act as a major regional draw, bringing visitors from outside of the Bowmanville and beyond Durham Region. Given this, the proposed retail outlet centre is not anticipated to have undue retail market impacts on established retailers in Downtown Bowmanville." The Planning Report goes on to point out that the proposed development will create a viable use for the vacant lands and will provide a number of short-term and long-term employment opportunities for the Municipality thereby enhancing its economic base. 50 Municipality of Clarington Report PSD -047-17 Page 12 It is the conclusion of the Planning Justification Report that the proposed development will permit a development which is compatible with adjacent land uses. The proposed development will support the environmental policies of the Clarington and Durham Regional Official Plans by restoring and enhancing the Bowmanville Creek floodplain and associated wetlands through a comprehensive cut and fill plan and restoration plan which will result in restored and enhanced areas to the south of Highway 401. 7.2 Traffic Impact Study The Traffic Impact Study (TIS) provides a preliminary review of the key transportation impacts of the proposed outlet centre. The transportation analysis provided includes a forecast of traffic volume in 2020, when the outlet centre opens, and traffic volume in 2030, ten years after the outlet centre has been open. Improvements will be required to Baseline Road, the intersection of Waverley and Baseline Road and to the Highway 401 interchange. A more detailed TIS will be prepared based on the comments received as part of this initial review process. 7.3 Functional Servicing Report The purpose of the Functional Servicing Report (FSR) is to show that the development can be graded and serviced in a way that meets the design standards of Clarington, Durham Region and CLOCA. While detailed design work will be completed as part of the Site Plan review process, the FSR confirms that existing and proposed infrastructure (water, sanitary sewer and stormwater sewers) will be sufficient to accommodate the proposed outlet centre development. 7.4 Floodplain Cut and Fill Plan The purpose of the Cut and Fill Plan is to determine how much fill must be moved onto the east side of the subject site in order to raise that part of the land out of the Regional floodplain. The Cut and Fill Plan goes on to demonstrate that all of this fill can be acquired from the Municipal property located on the south side of Highway 401 between Waverley Road and Liberty Street (see Figure 5). The existing storage capacity of the floodplain will be maintained. 51 Municipality of Clarington Report PSD -047-17 Figure 5 — Lands to be cut and lands to be filled Page 13 7.5 Environmental Impact Study (EIS) The EIS provides an outline of the proposed development plan, identifies potential effects to the existing natural features, and recommends appropriate mitigation measures. Existing wetlands and natural vegetation that will be removed as a result of the proposed development, will have to be recreated after the completion of the cut and fill plan. CLOCA will assist in reviewing and approving this compensation work prior to the beginning of construction. 52 Municipality of Clarington Report PSD -047-17 Page 14 8. Preliminary Market and Impact Assessment (urbanMetrics Report) In advance of receiving this application, the Planning Services Department commissioned a preliminary report by urban Metrics to provide background on the operation of retail outlet centres and the potential impact of an outlet centre on the Bowmanville market. The urbanMetrics report may be updated in the future based on the public comments received and/or analysis of the application. The conclusions of the preliminary report were as follows: Limited Impact on Existing Retail Stores The retail outlet centre proposal will likely be focused on a different range of merchandise then is currently found in the Bowmanville, Clarington and Durham Region market. This will draw customers from a much broader regional area. As such, it is not expected to compete directly for sales with existing Clarington businesses. However, it is possible that some existing apparel stores could experience some impact on their sales performance. Opportunity for Cross -Shopping The proposed retail outlet centre could ultimately provide new opportunities for cross - shopping promotion. The outlet centre is expected to attract customers from other parts of the Region and Province that would not otherwise have visited, stayed and shopped in Clarington. If successful, the outlet centre could raise the profile of Bowmanville as a shopping -tourism destination. The customers it attracts can then be enticed to also shop at existing retail establishments in Bowmanville. Economic Benefits to the Community The proposed retail outlet centre could create approximately 610 jobs on a full-time equivalent basis. The annual property tax revenue from this project is estimated to be $3.6 million. Existing Vacancy Rates are Indicative of a Healthy Downtown The commercial vacancy rate in Clarington is estimated to be 6.7%. This estimate excludes the former Target store (in the process of being occupied with a Lowe's home improvement store) and the vacant RONA building (to be demolished for the proposed outlet centre). For comparison, normal vacancy rates in a balanced market can be as high as 8.0%. Downtown Bowmanville currently has a vacancy rate of only 4.2%. The authors of the urbanMetrics Report state that 4.2% vacancy rate is indicative of a very healthy downtown for municipalities of comparable size and/or regional commercial function. 53 Municipality of Clarington Report PSD -047-17 Page 15 Positive Impacts Will Exceed Limited Negative Impact on Downtown Bowmanville The conclusion reached by the urbanMetrics Report is that existing retail establishments in Clarington generally serve the local community and therefore will have limited direct competition from the types of retailers that typically locate in outlet centres. In addition, the possibility exists that the non -local customers attracted to the outlet centre may look for additional shopping and dining opportunities in the area around the outlet centre. This spin-off effect created by the outlet centre would likely exceed and/or offset any negative impacts caused by increasing competition. 9. Agency Comments 9.1 Regional Municipality of Durham The proposed outlet centre conforms with the Durham Regional Official Plan. The Applicant will be required to demonstrate that they are placing clean fill on the site. A Traffic Impact Study will be required to assess the impacts to all road users of the adjacent road network. This report should include a strong emphasis on promoting active transportation (walking and cycling) and transit accessibility. 9.2 Central Lake Ontario Conservation (CLOCA) This application must strike the right balance of meeting the development potential of the property with: Protection of the environmental features on the property; Ensuring that the development is sufficiently protected from the natural hazards; and Providing appropriate stormwater management. It appears that this balance can be achieved in principle. However, it is CLOCA opinion that there are a few items that will need to be addressed prior to our support of the proposed rezoning. These items include: Coordinated stormwater servicing; 2. Identify opportunities for low impact development measures; 3. Providing a Compensation Plan for the natural features that will be removed; and 4. Improving the connectivity of the cut area to the Bowmanville Creek floodplain and valley. The property must be filled in order to raise all buildings and parking sufficiently out of the floodplain. A Holding (H) symbol should be placed on the portion of the property currently within the floodplain until it can be demonstrated that this portion has been satisfactorily elevated. 54 Municipality of Clarington Report PSD -047-17 Page 16 The Environmental Impact Study (EIS) will determine the limits of the proposed development. The EIS will identify the boundaries of the natural features and vegetation communities, assess the features and functions, identify areas to be preserved, and recommend buffers to protect the features. Mitigation measures and compensation will be required for any intrusions into wetland and natural heritage features. A permit from CLOCA will be required prior to any works occurring on the site. 9.3 Ministry of Transportation No comments have yet been provided to date. 10. Departmental Comments 10.1 Engineering Services The Engineering Services Department has no objection, in principle, to the proposed outlet centre use. Engineering Services supports with the approach and recommendations provided in the Traffic Impact Study (TIS) and Functional Servicing Report. The applicant will be required to submit additional detailed plans to address the ultimate grading, drainage, servicing, soils management, as well as legal plans. In addition to the improvements to the Waverley Road 401 interchange and Regional Road 57, the TIS should further discuss the effects of the proposed development on the Lake Road and Liberty Street intersection. Additionally, analysis should be provided regarding impacts to traffic during peak shopping periods (i.e. holiday season) which may generate increased volumes of traffic over and above regular Saturday peak levels for sustained periods of time. The Functional Servicing Report should provide further discussion regarding any requirements of MTO for drainage to their lands as well as discussion and detail regarding how detention for erosion control is to be achieved on site. As a significant earthworks hauling program will be required for the proposed site plan, the Applicant will be required to receive approval for a Site Alteration Permit. The Municipality of Clarington is scheduled to construct an extension of the Bowmanville Creek Trail east of the development property. The trail will extend from Baseline Road to the existing Waterfront Trail south of Highway 401 / CN Rail corridor. The Municipality will require a trail connection from the proposed development to the Bowmanville Creek Trail extension. A 3.Om wide multi -use pathway will ultimately be constructed on the south side of Baseline Road, from where it currently ends, to the east limits of the site. 10.2 Emergency and Fire Services The Clarington Emergency and Fire Services Department has no objections to the proposed outlet centre. 55 Municipality of Clarington Report PSD -047-17 10.3 Finance Department Page 17 The Finance Department has confirmed that the taxes on these properties are up to date. 11. Public Notice and Submissions 11.1 During February and March of 2017, Planning Staff attended the regular meetings of the three downtown BIAs (Bowmanville, Newcastle and Orono) to provide them with information about the proposed retail outlet centre. At that time, the Newcastle and Orono BIAs did not express any direct concerns with the proposed development. The response from the Bowmanville BIA was mixed. Some members welcomed the increased exposure and growth that a retail outlet centre might bring. Other members saw the proposed outlet centre as a direct competition with their existing business. 11.2 Notice for the Public Meeting and the Public Information Centre were placed in Clarington This Week, Orono Weekly Times and given by letter to all property owners within 120 metres of the subject site. Notice was posted on the Municipal website, the Municipal Facebook page and in the Planning Services Department E -Update newsletter. Two signs advertising the Public Meeting were also posted on the subject site. 11.3 The Applicant and their consultants held a Public Information Centre on June 19, 2017. This meeting provided residents and business owners with the opportunity to learn more about the proposed outlet centre and ask questions of the consultants. Some of the questions asked at the Public Information Centre were: • What will happen to the access at Lockhart Gate from Baseline Road? • How will the intersection of Baseline Road / Duke Street / Liberty Street be improved? • Will the connection from the existing valley trail to the waterfront trail be made before the outlet centre opens? • How will universal access be provided in the parking lot and throughout the centre? • What stores will be in the outlet centre? • How much noise will be generated? • Will it be monitored 24/7? Will it be used by teenagers after hours? • When will the highway interchange improvements be made? 12. Staff Comments Through the continued review of this application, Staff will be evaluating number of key areas. 56 Municipality of Clarington Report PSD -047-17 12.1 Urban Design and Sustainability Page 18 Good quality building design is an essential marketing element of all commercial development. Outlet centres in particular must display a high standard of urban design in order to match the expectations of the customers. The design of the outlet centre will need to reflect the distinction over and above the day-to-day shopping experience. Since the outlet centre will also serve as a shopping -tourism destination it will need to incorporate a quality of design that reflects an attractive image of Clarington. Integrated with the aesthetic design of the outlet centre will be the sustainable design of the buildings and site. Exceptional landscaping will be required to combat the "heat island" effect of the large parking area. Low impact stormwater solutions will need to be utilized. Innovative materials and fixtures will be necessary to reduce the overall consumption of water and energy. A Transportation Demand Management Plan will be submitted in conjunction with the revised Traffic Impact Study that will identify opportunities to reduce car dependency of staff and local customers by coordinating transit services and infrastructure with active transportation options. Pedestrian connectivity within the site and to the surrounding area must be included. These sustainable design elements will be required within the site and on the surrounding Municipal right of ways. 12.2 Transportation Impacts As a retail tourism destination, the proposed outlet centre is expected to draw customers from outside of the Clarington area. The impacts of the increased traffic will need to mitigated to ensure the safe and efficient flow of traffic to, from and around the outlet centre. Improvements will be required to the Highway 401 interchange as well as Regional and local streets on both the east and west sides of the site. The first two are discussed at 10.1 of this report. One area of particular interest will be the access to the Lockhart / John Scott neighbourhood located to the north of the development site. Vehicle access to that neighbourhood is currently provided exclusively from Lockhart Gate (see Figure 4). Part of the transportation review will include examining the need for extending John Scott Avenue to Spry Avenue to provide an alternative access. 12.3 Impacts on the Natural Environment In order for this development to proceed, significant changes must be made to raise the lands at the east end of the site out of the floodplain. In doing so, care must be taken to ensure that the natural heritage features that are being removed can be replaced or appropriately compensated for somewhere else within the Bowmanville Creek watershed. This matter will require careful review. 57 Municipality of Clarington Report PSD -047-17 12.4 Local Commercial Business Page 19 While the subject site has been previously identified for retail development it currently includes floor area and use restrictions intended to ensure that it does not negatively impact the planned commercial function of other business areas in Clarington and specifically in downtown Bowmanville. The proposed changes to the zoning are being reviewed with the same approach. 13. Strategic Plan Among the many priorities of the Clarington Strategic Plan are: • Job creation; • Improvements to Highway 401 interchanges; and • Build trails that connect our community to the waterfront. The proposed retail outlet centre supports these key priorities. 14. Conclusion The purpose of this report is to provide background information on the proposed retail outlet centre submitted by SmartREIT and receive public comments. Staff will take into consideration all comments raised at this meeting. A future report will be prepared once all agency comments have been received and issues resolved. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Director of Planning Services Curry Clifford, MPA, CMO, Interim CAO Staff Contact: Paul Wirch or Carlos Salazar, 905-623-3379 extension 2418 or pwirch .clarington.net List of interested parties to be notified of Council's decision is on file in the Planning Services Department PW/COS/tg/df ...,,...,.�,�.,��„�.... ,.�.. ,"NG SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0016 Outlet Centra,., PP Clarbgton PI nnin Services Planning Se ces Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 26, 2017 Report Number: PSD -048-17 Resolution Number: File Numbers: COPA2017-0009 and ZBA2017-0017 By-law Number: Report Subject: An Application by Soroya Yule and Spencer Yule to amend the Official Plan and Zoning By-law to permit an apartment -in-house within a new addition to the existing dwelling on a rural residential property located at 4443 Concession Road 5. Recommendations: That Report PSD -048-17 be received; 2. That staff consider the public comments received in the further processing and preparation of a subsequent of the proposed application for Official Plan Amendment (COPA2017-0009) and Zoning By-law Amendment (ZBA2017-0017) submitted by Soroya and Spencer Yule; and 3. That all interested parties listed in Report PSD -048-17 and any delegations be advised of Council's decision. 59 Municipality of Clarington Report PSD -048-17 Report Overview Page 2 Staff is seeking public input on a proposed Official Plan Amendment and Zoning By-law amendment by Soroya and Spencer Yule to allow an apartment -in-house within an addition to an existing residential dwelling on a rural residential property located at Concession Road 5 in Clarke. 1. Application Details 1.1. Owners: Ross and Tanya Stutt 1.2. Applicants: Soroya and Spencer Yule 1.3. Proposal: The applicants are proposing to establish an apartment -in- house within an addition to an existing residential dwelling on the subject property located at 4443 Concession Road 5. 1.4. Area: 1.5. Location: 1.6. Roll Number: 1.7. Within Built Boundary: 2. Background 30.16 hectares (74.53 acres) Part Lot 10, Concession 4, Former Township of Clarke 1817-030-080-11100 No 2.1 In early 2017, the owners of 4443 Concession Road 5 approached the Planning Services Department with intentions to provide a secondary living space on their property for their daughter, son-in-law and granddaughter. The need for the secondary living space is as a result of a medical condition. The applicants have had a number of meetings with Staff and have agreed that a second stand-alone dwelling would not be permitted on the property. However, an apartment -in-house would provide the opportunity to live independently while allowing for the proximity needed to provide appropriate and required care by family members. The policies of the Clarington OPA 107 allow an apartment -in- house in the rural areas. 2.2 The proposed applications would allow an apartment -in-house within an addition to an existing single detached dwelling in a rural area. In addition to the rezoning application, application for the Official Plan Amendment was submitted as a precaution should approval of Official Plan Amendment 107 be delayed. 2.3 Provided the applications are approved, the applicants will proceed with the building permit and registration of the apartment -in-house immediately. Municipality of Clarington Report PSD -048-17 Page 3 Figure 1: Site Location Concession -Road Subject Property ��0 > LL 6� L V N ZBA 2017-0017 COPA 2017-0009 GF 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are 30.16 hectares (74.53 acres) in area and have frontage on Concession Road 5. The built structures on the property consist of a residential dwelling and two large barns. Approximately 18.75 hectares (46.3 acres) of the south side of the property is wooded, and forms part of the Natural Heritage System. All proposed development will take place outside of the Natural Heritage System. The surrounding properties to the north and west appear to be large actively farmed properties, whereas, the surrounding properties to the south and east appear to be large rural residential lots. 61 Municipality of Clarington Report PSD -048-17 3.2 The surrounding uses are as follows: North - Rural residential and agricultural fields South - Rural residential East - Rural residential and agricultural fields West - Rural residential and agricultural field 4. Provincial Policy 4.1 Provincial Policy Statement Page 4 The Provincial Policy Statement (PPS) identifies the subject lands as "Rural Areas". The Provincial Policy Statement directs and promotes the development of healthy and complete communities. The goal is to create strong, livable, healthy and resilient communities through efficient land use. Further, the Provincial Policy Statement directs municipalities to permit all forms of housing to provide an appropriate range and mix of housing types and densities. 4.2 Greenbelt Plan The subject lands are within the Protected Countryside of the Greenbelt. The Greenbelt Plan directs growth to existing settlement areas and promotes intensification of land within settlement areas. The subject lands are not located within a settlement area. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject lands "Major Open Space Areas". The predominant use of Major Open Space Areas are for conservation, and a full range of agricultural, agricultural -related and secondary uses. The existing rural residential use on the property is permitted. 5.2 Clarington Official Plan The 1996 Clarington Official Plan designates the subject lands as "Green Space" and "Environmental Protection Areas". The existing residential use on the property is permitted. However, the accessory apartment within the dwelling outside of an urban area is not identified as a permitted use and therefore an amendment to the Housing policies of the Clarington Official Plan is required. 62 Municipality of Clarington Report PSD -048-17 5.3 Clarington Official Plan as amended by Amendment 107 Page 5 Official Plan Amendment 107 which brought the Clarington Official Plan into conformity with the Regional Official Plan and Provincial Policies. Official Plan Amendment 107 designates the subject property as "Rural", "Prime Agricultural" and "Environmental Protection". The amended policies permit an apartment -in-house within the rural areas. The proposed land uses are permitted within the portion of the property designated as "Rural Areas". 6. Zoning By-law Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1)", "Agricultural (A)" and "Environmental Protection (EP)". The "A" and "A-1" zones permit agricultural uses on the farm as well as a residential dwelling. The proposed apartment -in-house is not a permitted use. 7. Public Notice and Submissions 7.1 Public notice was given by mail to each landowner within 300 metres of the subject lands. The public notices for these applications were mailed on June 5, 2017. The Public Notice sign was installed on the subject lands along Concession Road 5. Figure 2: Notice of Development Proposal 'Aft* 7.2 At the time of writing, staff have received no submissions regarding the proposal. 63 Municipality of Clarington Report PSD -048-17 8. Agency Comments 8.1 Durham Region Departments Page 6 The application was circulated to the Durham Planning and Health Departments. As of the writing of this report, no comments had been received. Once Regional comments are received, they will be included in a future report. 9. Departmental Comments 9.1 Engineering Services The Engineering Services Department has no objection, in principle, to the applications. 9.2 Building Division The Building Division has no comments regarding the applications. 9.3 Emergency and Fire Services The Emergency and Fire Services found no fire safety concerns with the submitted applications. 10. Discussion 10.1 The applicant is proposing to amend the Clarington Official Plan, if necessary, provided that there is no appeal of OPA 107 that affects the relevant provisions, an amendment will not be necessary. The Zoning By-law would be amended to add site specific policies and regulations to permit an apartment -in-house within a new addition to an existing dwelling on a 30.16 hectare property. The applicant intends on submitting a building permit and the application to register the Apartment -in -House should the current proposed applications be approved. 10.2 No other significant issues have been raised to date regarding the proposed Official Plan Amendment and Zoning By-law Amendment. Until such time as comments are received from the Durham Region, it is unknown whether there are any issues of Regional concern. However, all other agency comments have been received and there are no objections to this application. Neither have there been any objections from the public. 12. Concurrence Not Applicable. 13. Conclusion The purpose of this report is to provide background information on the applications and provide opportunity for the public to address Committee with comments related to the • Municipality of Clarington Report PSD -048-17 Page 7 applications. Staff will continue processing the application including the preparation of a subsequent report. 14. Strategic Plan Application Not applicable. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Curry Cliff d, M A, CMO, Interim CAO Staff Contact: Amanda Watson, Planner I, 905-623-3379 ext. 2420 or awatson(a--)clarington.net No Attachments The following is a list of the interested parties to be notified of Council's decision: Soroya and Spencer Yule Ross and Tanya Stutt AW/CP/tg/df I:\ADepartment\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0017 4443 Concession Road 5\Staff Report\PSD-048.17.Docx 65 Clarftwa PI nnin Services Planning Se ces Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 26, 2017 Report Number: PSD -049-17 Resolution Number: File Number: ZBA2017-0018 By-law Number: Report Subject: A Proposal by the Municipality of Clarington to rezone lands to remove the exception permitting an auto auction at 50 Osborne Road, former Manheim Auto Auction. Recommendations: That subject to no significant concerns being raised: 1. That Report PSD -049-17 be received; 2. That the proposed application for Rezoning ZBA 2017-0018 be approved, and the zoning by-law amendment contained in Attachment 1 be adopted; 3. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -049-17 and Council's decision; and 4. That all interested parties listed in Report PSD -049-17 and any delegations be advised of Council's decision. . • Municipality of Clarington Report PSD -049-17 Report Overview Page 2 The Clarington Planning Services Department initiated a process to amend the Zoning By-law 84-63 to remove the exception permitting an automotive auction on the former Manheim Auto Auction lands located at 50 Osborne Road in Courtice. The lands owned by Manheim Auto Auction Ltd. are currently for sale. The exception zone in the Zoning By-law was intended to recognize the existing use, which was inconsistent with the vision for the Courtice Energy Park. It is appropriate to remove this exception with Manheim ceasing operations. Public comments are sought and provided that there is no significant concerns raised, it is recommended that the rezoning proposal be approved. 1. Proposal Details 1.1 Owner: 1.2 Proposal: 1.3 Area of Subject Lands: 1.4 Location: 1.5 Roll Number: 1.6 Within Built Boundary: 2. Background Manheim Auto Auction Limited Municipally Initiated Proposed Zoning By-law Amendment To rezone the lands from the existing Energy Park Prestige Exception (M02-1) Zone, with a Holding Symbol to remove the exception permitting an auto auction: 9.85 hectares 50 Osborne Road (Part of Lot 27, Concession BF, former Township of Darlington) 18-17-010-050-00890 Yes 2.1 In February 2006 Council adopted amendments to the Clarington Official Plan to introduce Clarington Energy Business Park Secondary Plan and implementing zoning. The goal of the Secondary Plan is to guide development of a business park that facilitates employment growth in the energy and environment sectors, promotes energy innovations and demonstrates environmental sustainability in its design. 2.2 In the Secondary Plan, the lands closest to the 401 are designated Prestige Employment Node near the Courtice Road interchange, and Prestige Employment Corridor along the balance of the Highway 401 frontage including the former Manheim Auto Auction site. 67 Municipality of Clarington Report PSD -049-17 H�"NAY401 �■�■� Clarington Energy Business Park Area BDundary ® Prestige Employment Node ® Prestlge Employment Corridor ® Light Induslrlal 1 ® Light Industrial 2 ® Open Space Environmental Protwlon Area * Proposed Storm Water Pond Page 3 MAP A LAND USE AND PRIMARY ROADS CLARINGTON ENERGY BUSINESS PARK SECONDARY PLAN FEBRUARY. 2014 Figure 1 — Clarington Energy Business Park Land Use Schedule 2.3 The Manheim's site is currently zoned Energy Park Prestige Exception (M02-1) Zone, with a Holding (H) Symbol. This zone permitted all the uses in the parent Energy Park Prestige Zone (M02) as well as an automotive auction on the lands. An Automotive Auction is defined as follows: "shall mean the use of land, buildings or structures or part thereof, used for the storage of operable motor vehicles which are to be sold on the premises by public auction." 2.4 With the construction of the 401 - 418 interchange, lands were purchased or expropriated along the frontage of the 401 in the Clarington Energy Business Park. The acquisition of lands from Manheim included the main building on the property. About the time of the MTO acquisition Manheim consolidated their operations in Milton. 2.5 Since the use has ceased operation and the property is currently for sale, the Planning Services Department has initiated a rezoning to eliminate the exception zone that is specific to the Manheim's property. The amendment would delete the exception zone and the automotive auction use, which is not in keeping with the policies of the Official Plan. Municipality of Clarington Report PSD -049-17 Page 4 V •i ' N s ' GHWAY�O1 -sourH :. � � • W Z,;. Subject Property m 0' 3 50 ENERGY DRIVE 1• Durham York Energy Centre 72 Figure 2: Key Map il PP / I Darlington Energy .. Complex Municipality of Clarington Report PSD -049-17 Page 5 3. Land Characteristics and Surrounding Uses 3.1 The subject lands (Figure 3) are relatively flat, with a berm along the south limits. The site contains gravel and paved areas leftover from the parking lots of the former auto auction. (Figure 5) All structures related to the former auto auction have since been removed as part of the Highway 401/418 interchange construction and related works. No significant vegetation is present on the site. Figure 3: looking south from South Service Road to Manheim's, June 2009 Figure 4: looking west from Osbourne Road, September 2016 70 Municipality of Clarington Report PSD -049-17 3.2 The surrounding uses are as follows: Page 6 North Highway 401, Industrial uses along Courtice Court and Waste Management Building along McKnight Road South Durham York Energy Centre, Darlington Energy Complex (OPG) East Farm fields West Vacant Industrial lands 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement identifies Employment Areas as lands that shall be protected and preserved for current and future uses. Employment Areas in proximity to a primary transportation corridor, such as Highway 401, shall be protected for employment uses that require those locations. Infrastructure that is needed to support the current and projected needs of Employment Areas shall be provided. 4.2 Provincial Growth Plan The subject lands are within the defined Built Boundary. Population and employment growth will be accommodated by directing a significant portion of new growth to the built up areas through intensification and efficient use of existing services and infrastructure. Existing Employment Areas, including vacant and underutilized employment lands, shall be used more efficiently in order to increase employment densities to accommodate forecasted employment growth. 5. Official Plans 5.1 Durham Regional Official Plan The subject lands are within an Employment Area. Employment Areas function to maximize the employment potential of land in order to accommodate 50% of the employment growth forecast. Employment Areas are set aside for uses that require access to transportation networks, separation from sensitive uses, or benefit from locating close to similar uses. Additionally, sites that have a high degree of exposure and good access shall be reserved for employment -intensive uses. 5.2 Clarington Official Plan The Clarington Official Plan designates the lands as an Employment Area, specifically a Business Park. Employment Areas promote high quality urban design, and larger -sized buildings with no outdoor storage along Highway 401. Development within Business Parks is intended for employment uses showing the highest standard of design and landscaping in order to provide an attractive appearance that takes advantage of such high visibility. 71 Municipality of Clarington Report PSD -049-17 5.3 Clarington Energy and Business Park Secondary Plan Page 7 The vision for the Clarington Energy Business Park is a business park that facilitates employment growth in energy and environmental sectors, promotes energy innovations and demonstrates environmental sustainability in design. The overall goal is to establish the Energy Park as a focal point for energy-related research and development in order to enhance employment opportunities in Clarington. The objectives focus on energy-related land uses, partnerships, and development that contributes to the positive image of the Energy Park. Pre-existing land uses that are not in line with the vision, goals and objectives will be re -located to an appropriate employment area. The subject lands are designated as Prestige Employment Corridor and Light Industrial in the Clarington Energy Business Park Secondary Plan. The Prestige Employment Corridor designation allows for higher -employment uses that will benefit from the high visibility from Highway 401. Permitted uses include research and development facilities, university and college facilities, manufacturing and commercial or technical schools wholly enclosed, and warehousing etc. The Light Industrial 1 designation allows for a range of employment uses that will also benefit from the access and visibility by the primary roads through the Energy Park. Permitted uses are similar to Prestige Employment Corridor with the addition of industrial processing, excluding the processing of waste materials, provided it is wholly enclosed. 5.4 Clarington Official Plan as Amended by Amendment 107 The subject lands remain designated Business Park under Official Plan Amendment 107. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands Energy Park Prestige Exception (MO2-1) Zone, with a Holding Symbol as outlined in Section 2.3. 7. Public Notice and Submissions 7.1 A notice of the Public Meeting was mailed on June 5, 2017. As well it was included in the local newspaper and on the municipal website. 7.2 At the time of writing this report, a request for more information on the application had been received from the solicitor's for Manheim Auto Auction. A copy of the notice that had been mailed out was forwarded to them. No further requests or comments have been received. 8. Agency Comments and Departmental Comments Given the nature of the application to eliminate a permitted use, only a limited circulation was undertaken. The Region has verbally indicated that they have no concerns. 72 Municipality of Clarington Report PSD -049-17 Page 8 9. Discussion 9.1 The MO2-1 exception zone recognized an existing automotive auction use on the subject property which ceased around 2013. A portion of the lands were acquired by the Ministry of Transportation to accommodate the 401 — 418 interchange. The building, which was on the lands acquired by the Ministry has been demolished. The proposed amendment would rezone the lands as Energy Park Prestige ((H)MO2) and Energy Park Light Industrial ((H)ML1) in conformity with the Secondary Plan. 9.2 Prior to mailing notice and providing notice in the newspaper, staff contacted the agent for the owner who is selling the remainder of the Manheim property to advise of the proposed rezoning application. The agent advised that the property was currently under contract to a potential purchaser, but was not at liberty to provide more details. 9.3 The Secondary Plan for the Clarington Energy Business Park details a vision, goals and objectives which focus on promoting land use that will drive employment in the energy sector. As noted previously the purpose of an Energy Park is to cluster energy-related uses that would benefit from being located within the same area. The Energy Park in Clarington is strategically located adjacent to Highway 401 and Darlington Nuclear Power Generating Station to further promote land use related to the energy sector. An automotive auction use does not fit with the overall vision, goals and objectives for the Clarington Energy Business Park. 9.4 The subject lands are one of the few parcels of prime industrial land in Courtice with municipal water and sanitary sewer available at the door step. To continue to allow a use that is land extensive and does not benefit from the availability of urban services is contrary to provincial, regional and local policy. 9.5 The uses within the Energy Park Secondary Plan will be reviewed in the context of Secondary Plan updates identified in Report PSD -056-17. It is anticipated that use permissions will be broadened to allow a greater array of prestige employment uses. 10. Concurrence Not Applicable. 11. Conclusion The purpose of this report is to provide background information for the Public Meeting under the Planning Act as it relates to the proposed re -zoning to remove the exception permitting an auto auction proposed by the Municipality of Clarington. Should there be no significant issues raised at the Public Meeting, it is recommended that the zoning by- law amendment, as contained in Attachment 1 be approved. 73 Municipality of Clarington Report PSD -049-17 Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Page 9 Reviewed by: Curry Clifford, MPA, CMO, Interim CAO Staff Contact: Carlo Pellarin, Manager of Development Review, 905-623-3379 ext. 2408 or cpellarin(a-).clarington.net Attachments: Attachment 1 — Zoning By -Law Amendment CP/tg/av/df 74 Municipality of Clarington Attachment 1 to Report PSD -049-17 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 ZBA2017-0018; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 23B.4 Energy Park Prestige Exception (MO2-1) Zone be deleted in its entirety. 2. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - Energy Park Prestige Exception ((H)MO2-1) Zone" to "Holding - Energy Park Prestige ((H)MO2) Zone"; and "Holding - Energy Park Prestige Exception ((H)MO2-1) Zone" to "Holding - Energy Light Industrial ((H)ML1) Zone" as illustrated on the attached Schedule `A' hereto. 3. Schedule `A' attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. By -Law passed in open session this day of , 2017 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 75 This is Schedule "A" to By-law 2017- , passed this day of , 2017 A.D. HIGHWAY 401 ENERGY DRIVE O m Z W O m O ® Zoning Change From '(H)M02-1' To '(H)M02' N EM Zoning Change From '(H)M02-l' To'(H)ML1' Adrian Foster, Mayor Courtice • ZBA 2017-0018 • Schedule 4 C. Anne Greentree, Municipal Clerk 76 Clarftwa Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 26, 2017 Report Number: PSD -050-17 Resolution Number: File Number: PLN 34.5.2.7 By-law Number: Report Subject: Designated Heritage Property Alteration Request - 5565 Old Scugog Road Recommendations: 1. That Report PSD -050-17 be received; 2. That permission be granted to add a second floor addition, above an existing one storey portion, on the east side of the house on the property identified as 5565 Old Scugog Road, Hampton, in accordance with Section 33(4) of the Ontario Heritage Act; and 3. That all interested parties listed in Report PSD -050-17 and any delegations be advised of Council's decision. 77 Municipality of Clarington Report PSD -050-17 Report Overview Page 2 The owners of 5565 Old Scugog Road in Hampton have applied for a Heritage Alteration Permit. The permit is to allow a second storey addition on the east side of the building. The proposed addition will be constructed above an earlier addition to the building, constructed in 1998. The Clarington Heritage Committee and staff are recommending that Council approve the alteration request. 1. Application Details 1.1. Owner/Applicant: Scott and Laura Ritzie 1.2. Proposal: To construct a second storey addition, above an existing one storey portion, on the east side of the building. 1.3. Area: 0.47 Hectares (1 Acre) 1.4. Location: 5565 Old Scugog Road, Hampton 1.5. Roll Number: 181701012011100 2. Background 2.1. The house at 5565 Old Scugog Road dates back to 1860's and is a very good example of a classic rural Ontario house, with gothic revival features (Figure 1). The house is one and a half storeys with a central gable, gothic style arched window above the front door, an open front porch, original windows and decorative bargeboard along the eaves. 2.2. The property was designated by Council under Part IV of the Ontario Act on September 25, 2000. Attributes specifically noted in the designation by-law of heritage value and interest are: • Original brickwork • Louvered shutters • Original front door • Open front porch • All original windows The existing single storey addition (Figure 2) on the east side of the building was constructed in 1998, prior to the building being designated. The single storey addition is frame construction with siding. The addition incorporated design elements, including a gable above the door and open porch with columns, which can be seen in the original building design. Municipality of Clarington Report PSD -050-17 Page 3 Figure 1: Front fagade of 5565 Old Scugog Road 3L Figure 2: Rear addition on east side of 5565 Old Scugog Road The current owners, Laura and Brain Riztie, purchased the property in 2016. The proposed additions (Attachment 1) would provide room for an additional bedroom and bathroom. The addition would be finished in board and batten siding, contain dormers with a pitch in keeping with the gable at the front of original building and a roof line and pitch the same as the original building. The owners met with the Clarington Heritage Committee when looking to purchase the property seeking input on their addition proposal. 79 Ilk • tic 1 Figure 1: Front fagade of 5565 Old Scugog Road 3L Figure 2: Rear addition on east side of 5565 Old Scugog Road The current owners, Laura and Brain Riztie, purchased the property in 2016. The proposed additions (Attachment 1) would provide room for an additional bedroom and bathroom. The addition would be finished in board and batten siding, contain dormers with a pitch in keeping with the gable at the front of original building and a roof line and pitch the same as the original building. The owners met with the Clarington Heritage Committee when looking to purchase the property seeking input on their addition proposal. 79 Municipality of Clarington Report PSD -050-17 3. Ontario Heritage Act Page 4 The Ontario Heritage Act empowers municipalities to pass a by-law designating a property to be of cultural heritage value and interest. On September 25, 2000, Council approved the heritage designation of 5565 Old Scugog Road under part IV of the Ontario Heritage Act. The Act stipulates that the owner of a property designated under Part IV cannot alter the property where such alteration is likely to affect the heritage attributes set out in the property's description in the designation by-law without Council's consent. Council is required to consult the heritage committee when considering an alteration request. The Clarington Heritage Committee reviewed the request for alteration to the designated heritage property during their June 21, 2016 meeting. They passed the following motion in support of the required alterations to the property at 5565 Old Scugog Road: "THAT the committee recommend approval for the alteration of a designated building at 5565 Old Scugog Road by permitting a second storey addition, above the existing single storey addition on the east side of the house, where the roof lines and any vents do not exceed the height of the existing roof lines as shown in the presentation provided to the committee." 4. Staff Comments The proposed addition on the east side of the building, above the existing 1998 addition, will have little visual impact on the building from Old Scugog Road. Currently, only a small portion of the 1998 addition is visible from the south side of the property and is very difficult to see in the summer with the mature foliage on the property. The proposed roof line will be at the same height as the existing building with no projections above the original building. The design elements that the applicants propose will incorporate some elements of the existing gothic style. While the style elements will be incorporated the materials used on the additions fapade will differ from the original building. This difference will allow distinction between the original building and the additions. The only impact the addition will have on the heritage features described in the designation by-law will be the original bricks that will be removed to create a connection between the original building and the second floor addition. Some of the exterior bricks will be hidden by the addition but will remain. The design and the materials proposed to be used should not negatively impact the heritage features of the buildings beyond this impact. Municipality of Clarington Report PSD -050-17 Page 5 In addition to undertaking the addition, which requires heritage permit and building permit, the applicants are undertaking a number of other renovations to the property that do not require a heritage alteration permit. The applicants have commenced with some of the renovations as of the writing of this report. 5. Concurrence Not applicable 6. Conclusion The Clarington Heritage Committee's function under the Ontario Heritage Act is to provide advice and assistance to Council on matters of heritage conservation. The committee is in support of the proposed alterations to add a second storey above the existing single storey portion of the building on the east side. Staff support the request for a heritage permit alteration to this designated property and recommend Council approve the requested alterations. 7. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan, specifically actions 3.4 and 3.5. ,,*"4- 4 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO, Director of Planning Services Interim CAO Staff Contact: Brandon Weiler, Planner, 905-623-3379 ext. 2424 or bweiler .clarington.net Attachments: Attachment 1 — Proposed Addition Plans to 5565 Old Scugog Road The following is a list of the interested parties to be notified of Council's decision: Laura and Scott Ritzie Clarington Heritage Committee Provincial Registrar Ontario Heritage Trust BW/FL/df W Attachment 1 to Municipality of Clarington Report PSD -050-17 g aPts4 flipe FQcv FN xu 39 Fm ►M il Q1 jr ":o". — — • �I Id�.l. 1. •I ��Ir. rn■■r. ern. ■in■■ ill 4ilEiiatli;l� NONE: [Fill- �. ruin .R on now 4.111 lell.✓'I'•'11n8 V1. got. ■�.... M!AM MEN -_ I! l rT11L7i J1:1WORK i I' �� ■r.rl 11lEI[�113. • R�I ••a�.L; �Nfl"d lVl L ■!1L I y� � � I `S. MI Clarington Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 26, 2017 Report Number: PSD -051-17 Resolution: File Number: PLN 37.0.1 By-law Number: Report Subject: King Street Streetscape Project in Bowmanville Recommendations: 1. Report PSD -051-17 be received; 2. That Council approve $100,000 funding as an upset limit from the Community Improvement Plan Reserve Fund for the implementation of the King Street streetscape project; and 3. That the Bowmanville BIA be notified of Council's decision. W Municipality of Clarington Resort PSD -051-17 Report Overview Paae 2 Council instructed staff to implement a public domain streetscape project on King Street in Bowmanville to help animate the street, provide a more desirable seating area and improve the integration of this space with the streetscape. This report outlines the existing conditions and requests approval of funding from the Community Improvement Plan Reserve Fund to implement the streetscape works. 1. Background 1.1. On April 10, 2017, Council requested Planning staff work with restauranteurs in the downtown of Bowmanville and Newcastle to use on -street parking spaces as a patio for patrons to eat and drink outdoors. In Report PSD -033-17 staff advised that it was unlikely any restaurants would be able to implement for the 2017 summer season. In addition, staff recommended that public spaces along King Street could be better utilized to provide outdoor gathering areas. 1.2. Council approved the development of a public domain streetscape project in the under- utilized public space next to 44 King Street East, a Municipal parking lot. The King East parking lot has been the topic of previous proposals from the BIA and Municipality. This area could play a more vital role as an outdoor gathering spot adjacent to the bus stop. The existing woodchip beds could be hard surfaced to provide seating areas, with planters enclosing the space. Similarly, more elaborate concepts could be considered to provide tables or shade structures. This area would benefit a number of take-out restaurants in the area including Norm's, Pita Pit and Bowmanville Thai. It would also make better use of the area by providing a hard surface area with features that screen off the parking lot. 2. Progress to Date on Streetscape Project 2.1 Staff has now been able to study the existing conditions and determine the best way to proceed with this project. The existing trees are hedge maples which have reached their maximum growth and are in decline. Changing the surface area of the root zone will cause further decline of the trees. As such it has been recommended by the professionals involved that the trees be removed, soil cells installed and new trees planted to ensure that the trees will survive and thrive in the adverse site conditions. 2.2 In looking at options, there is also the desire to include a shelter for transit users and create a distinct separation of the parking area from the gathering space and to address the additional space beside the Olympia Restaurant that wasn't previously considered. The same treatment as shown in Figure 1 would be implemented on the west side of the parking entranceway. L. • Municipality of Clarington Report PSD -051-17 Page 3 2.3 To address the additional costs to achieve the program and design as now envisioned, Staff are requesting funds up to $100,000 be approved from the Community Improvement Plan Reserve Fund. Figure 1 - King East Bus Stop The Community Improvement Plan Reserve Fund was created when the first Community Improvement Plan was approved. The original thought was that Fund would be used for features on projects in downtown areas that get cut from the contract award when costs for the basics are higher than anticipated. The Fund has been used for enhancement of public projects. Previous examples are the stamping of the fish pattern into the sidewalk of the King Street bridge, the brick columns and railing surrounding the Silver and Church Street parking lot and the railing project in Orono. 3. Progress to Date on Parklets Subsequent to the resolution by Council to allow restaurants outdoor patios on either the sidewalk or in a parking space, staff have been in contact with the downtown restaurants. At this point we are working with three restaurants (2 in Bowmanville, 1 in Newcastle) that wish to pursue implementing an outdoor on -street patio in 2018. Implementation is dependent upon the restaurants ability to expand their liquor licence, cost and design. Staff continue to meet with each of the restauranteurs to work through the process. As part of the review and renewal of the Community Improvement Plans a new grant and the guidelines for outdoor patios will be addressed. The input from other departments such as Operations, Engineering, By-law and the Accessibility Co-ordinator is being taken into considered in the formulation of the guidelines. Municipality of Clarington Report PSD -051-17 Page 4 4. Concurrence This report has been prepared in consultation with the Director of Engineering Services and Director of Finance who concur. 5. Strategic Plan Not applicable. 6. Conclusions The Community Improvement Plan review and renewal has been delayed to free up time for staff to work on the guidelines and approval process for sidewalk (outdoor) patios, and the streetscape project. To implement the King Street streescape project, additional funding will be required given the existing condition of the trees, request for a canopy structure and the expansion of the project to address the west side of the parking lot entrance. It is recommended that funding be approved from the Community Improvement Plan Reserve Fund for up to $100,000. A better idea of the actual costs will be known once a detailed design has been drawn -up. Submitted by: David Crome, MCIP, RPP, Director of Planning Services Reviewed by: Curry Clifford, MPA, CMO Interim CAO Staff Contact: Faye Langmaid, Manager, Special Projects, 905-623-3379 x2407 or flangmaid@clarington.net F L/tg I:\^Department\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 37 Community Improvement Plan\PLN 37.0 CIP General\PLN 37.0.1 Cafe's Parklet & Streateries\Staff Report\PSD- 051-17_King St. Parklet.docx Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 26, 2017 Report Number: PSD -052-17 Resolution Number: File Number: COPA 2017-0002 and ZBA 2017-0002 By-law Number: Report Subject: An Application by Newcastle Lodge for Senior and Family Dwellings to Construct a four Storey Residential Building on King Avenue East, Newcastle Recommendations: That Report PSD -052-17 be received; 2. That the Zoning By-law Amendment application submitted by Newcastle Lodge for Senior and Family Dwellings be approved as contained in Attachment 1 to Report PSD -052-17; 3. That the file COPA 2017-0002 be closed as an amendment to the Clarington Official Plan is not required to permit the proposed revised residential building addition. 4. That through Site Plan submission the owners be required incorporate appropriate architectural details in the design of the addition and/or erect a suitable plaque as part of the design of the building addition to commemorate the history of the property at 153 King Avenue East; 5. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -052-17 and Council's decision; and 6. That all interested parties listed in Report PSD -052-17 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -052-17 Report Overview Page 2 This is a recommendation report for an application by Newcastle Lodge for Senior & Family Dwellings (known as Parkview Lodge) to permit a four storey building consisting of a 52 residential unit expansion to the existing two storey building with 43 units at 165 King Avenue East (See Figure 1). The zoning by-law will create a building envelope for the apartment building with site specific regulations for parking, loading, amenity space, and building relationship to the street. Staff will continue to work with the applicant through the site plan process to ensure that the building design, landscaping, lighting and pedestrian connectivity meet the Municipality's urban design policies and guidelines. 1. Application Details 1.1. Owner/Applicant: Newcastle Lodge for Senior & Family Dwellings (known as Parkview Lodge) 1.2. Revised Proposal: An amendment to the Zoning By-law to permit the construction of a four storey, residential building 1.3 Area: 0.80 ha 1.4 Location: 153 and 165 King Avenue East, Newcastle 1.5 Within Built Boundary: Yes 2. Background 2.1 The subject lands are comprised of two properties: • 153 King Avenue East — Contains a one and a half storey detached dwelling converted to three rental units; and • 165 King Avenue East — Contains the existing two storey, 43 unit Parkview Lodge. ac Municipality of Clarington Report PSD -052-17 Page 3 = tublic Library Claringon P �N' c r. . Newcastle Branch 'King Avenue East , Subject Sites y 000 an Massey a�04- a�r. � Building � �'. P r. .tea Future 6 -Storey Mixed Use Building � L ' _, 153 King Avenue East - Q 165 King Avenue East 1 Q Existing Parkview Lodge (2 storey. 43 residential unit building) ® Proposed 4 storey 52 residential unit building Y. 75A 2 017-0002 Figure 1: The subject site, revised site plan and the surrounding neighbourhood 2.2 On December 1, 2016 the Parkview Lodge team attended a pre -consultation, where Municipal staff and agencies offered feedback on the development proposal. 2.3 On February 3, 2017 an application for a proposed Zoning By-law Amendment was submitted. The applicant also submitted an Official Plan Amendment on February 17, 2017. Both applications were deemed complete on February 24, 2017. 2.4 The applications as initially submitted were for a six storey addition containing 91 residential units with 88 parking spaces (44 ground level parking spaces and 44 underground spaces). The applicant proposed a Floor Space Index (FSI) of 1.21. Although the proposal complied with Council -adopted Official Plan Amendment 107 (OPA107), an official plan amendment was submitted out of caution should the application proceed ahead of OPA 107 becoming final and binding. 91 Municipality of Clarington Report PSD -052-17 Page 4 2.5 The Public Meeting under the Planning Act was held on April 3, 2017. Since that time, the applicants revised their submission to address staff, agency and public comments. The revisions reduce the number of units to 52 and the height of the building to four storeys. Modifications were also made to setbacks and parking. The proposed four storey building has a floor space index of 0.80 and is considered to be in conformity with the current Newcastle Village Centre Secondary Plan. The application to amend the Clarington Official Plan is no longer required. 2.6 The Municipality initially received the following reports in support of the amendment to the Clarington Official Plan and Zoning By-law applications: • Traffic Impact Assessment and Parking Justification Study • Servicing and Functional Review • Heritage Impact Assessment • Design Rationale Report • Shadow Study The revised proposal addresses staff, agency and public comments required for the rezoning application. Further revisions to the supporting documents are not required at this time. Additional detail/studies will be required at site plan stage to address building design and servicing. 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are located on the south side of King Avenue East and currently used for residential uses. See Figures 2 and 3. The topography is generally flat with a number of mature urban trees framing the street and existing buildings. Figure 2: Existing single detached dwelling at 153 King Avenue east to be demolished 92 Municipality of Clarington Report PSD -052-17 Page 5 Figure 3: Existing Parkview Lodge buildings and mature urban trees 3.2 The surrounding uses are as follows: North The Clarington Public Library Newcastle Branch across King Avenue East South Single family homes East Two storey commercial building across the walkway connecting Harmer Drive with King Avenue East. West One detached one storey dwelling and a one storey commercial building (Foodland) 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) promotes efficient land use and development patterns that accommodate an appropriate range and mix of residential uses including affordable housing and housing for older persons and commercial uses. Development is supported within existing urban areas where infrastructure and public service facilities are available. The Provincial Policy Statement promotes development and redevelopment through intensification and redevelopment at a higher density than existing today. The Provincial Policy Statement supports long-term economic prosperity by maintaining and enhancing the vitality and viability of downtowns and main streets, and by promoting well-designed built form and by conserving features that help to define the character. The proposed development conforms to the Provincial Policy Statement. 93 Municipality of Clarington Report PSD -052-17 4.2 Provincial Growth Plan Page 6 The Growth Plan promotes building compact, transit -supportive and pedestrian -friendly communities. The subject properties are located within the "Built Boundary" for the Newcastle Urban Area. The Growth Plan directs a significant portion of new growth to built-up areas to optimize existing land supply and better utilize existing municipal services. The policies of the Growth Plan establish that intensification areas will be planned and designed to achieve an appropriate transition of built form with adjacent areas. The Growth Plan encourages development of complete communities with a diverse mix of employment land and housing types and easy access to local stores and services. A priority of the Plan is to manage growth in a manner that will optimize existing infrastructure, support a strong economy and create complete communities. The proposed development will contribute to intensification within the built boundary. 5. Official Plans 5.1 Durham Regional Official Plan The subject sites are located within the "Regional Centre" designation in the Regional Official Plan. Regional Centres shall be planned and developed as the main concentrations of urban activities, providing a fully integrated array of institutional, commercial, major retail, residential, recreational, cultural, entertainment and major office uses. The Regional Plan encourages development of high quality design which places pedestrians and connections in close proximity to transit as a top priority. The overall, long-term density target of the Regional Official Plan for this area is at least 75 residential units per gross hectare and a floor space index (FSI) of 2.5. The proposal generally conforms to the policies of the Regional Official Plan and contributes to the overall long-term density targets of the Plan. 5.2 Clarington Official Plan Current Clarington Official Plan/Secondary Plan The Clarington Official Plan designation for the subject properties is Village Centre. Village Centres shall be designed as the main concentration of urban activity and to maintain and enhance the character of the community. Within the Newcastle Village Centre Secondary Plan the subject lands are designated as follows: 153 King Avenue East — "Mixed Use Area"; and noted as a Heritage Building on Land Use Map A; 165 King Avenue East — "Medium Density Residential". MI Municipality of Clarington Report PSD -052-17 "Mixed Use Area" and "Medium Density Residential" permit the residential building addition that is proposed by the revised application. Page 7 General land use policies of the Newcastle Village Centre Secondary Plan limit the maximum height of buildings to four storeys and a maximum Floor Spaces Index of 0.75. The interpretation policies of the Clarington Official Plan allow a 10% deviation to numbers provided in the policies. The proposed four storeys building and floor space index of 0.80 is deemed to conform to the policies of the Clarington Official Plan and the Newcastle Village Centre Secondary Plan. Clarington Official Plan (OPA 107) The Clarington Official Plan as amended by OPA 107 establishes a target Floor Space Index of 1.0 measured over the entire Village Centre. The Village Centre designation will allow building heights between two and six storeys. The existing two storeys Parkview Lodge has a Floor Space Index of 0.37. The proposed four storeys expansion is within the building height permitted, between two and six storeys permitted by OPA 107, and will contribute towards the long range Floor Space Index targets by increasing the Floor Space Index to 0.80.The proposed development conforms with OPA 107. 5.3 Urban Design Policies and Guidelines The Urban design policies of the Clarington Official Plan for Village Centres require buildings be sited near the street with direct access to the street; The Newcastle Village Centre Urban Design Guidelines were prepared under the existing Secondary Plan. They provide direction for how new development can effectively blend into the existing built form of downtown Newcastle. These guidelines shall be used in conjunction with the urban design policies of the Official Plan and other site specific requirements to review any future site plan application for the property. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands as follows: Urban Residential Type Exception (R4-2) Zone — 165 King Avenue East. General Commercial (Cl) Zone — 153 King Avenue East; and The existing Urban Residential Type Exception (R4-2) Zone is proposed to be revised and expanded to include 153 King Avenue East to implement the proposed building. 95 Municipality of Clarington Report PSD -052-17 7. Public Submissions Page 8 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and one public meeting notice sign was installed on the site facing King Avenue East. The public notice was also posted on the Municipal website and in the Planning Services electronic newsletter. 7.2 The Applicant provided six letters in support of the application from the following associations and businesses on March 25, 2017: • Newcastle Village and District Historical Society; • Newcastle/Bond Head Ratepayers Association; • The Catholic Women's League of Canada; • A Gift of Art, The Clarington Artist & Artisan's Outlet; • Newcastle & District Chamber of Commerce; and • The Lions Club of Newcastle. 7.3 At the Public Meeting on April 3, 2017, one local resident spoke raising concerns with the application. In addition, one resident contacted staff to agree with the idea of housing for seniors but objects to the design. Both residents expressed concerns for: • Loss of privacy due to the proposed height of the building • Diminished sunlight • Increase traffic and parking issues • Expansion that is too close to the street • Not enough landscaping • Not enough two bedroom units 8. Agency Comments 8.1 Regional Municipality of Durham The Region has no concerns with the proposed rezoning of the subject site. Regional Planning finds the proposed use is consistent with provincial planning policies and generally conforms to the Durham Regional Official Plan. The subject lands front onto King Avenue East, a designated Type 'A' Arterial Road. Noise Impact Study will be required to identify noise levels for units adjacent to the arterial road. The proponent will be required to implement in a Site Plan Agreement noise attenuation measures and warning clauses for the development to the satisfaction of the Region. Water supply and sanitary servicing are available from the existing connections on King Avenue East. Municipality of Clarington Report PSD -052-17 Page 9 Municipal waste collection services can be provided on-site subject to compliance with standards and specifications on the Region's Waste By-law. Regional Works has reviewed the Traffic Impact Assessment and Parking Justification Study. The Region agrees with the conclusions of the Traffic Impact Assessment. The site design will need to consider accessibility of the development for non -car modes of travel. Durham Region Transit requires that the site plan provide accessible pedestrian connections between building access points, sidewalk network and transit stops. 8.2 Other Agencies Veridian, Enbridge, Rogers and Canada Post have all advised they have no objections to the rezoning. Technical comments related to the future site plan application have been forwarded to the applicant. 9. Departmental Comments 9.1 Engineering Services The Engineering Services Department has no objection to the proposed rezoning application. Engineering Services Department has reviewed the above -noted application and has no objection to the proposed revision to a four storey building. They agree with the recommendations provided by the applicant in regards to parking. The applicant will be required to submit additional details/plans to address Grading, Drainage, Soil Management, Truck Turning Movement Plan and Servicing at the Site Plan Approval Stage. 9.2 Emergency and Fire Services The Emergency and Fire Services Department has no objection to this application. 9.3 Operations The Operations Department has no objection and provided comments that can be implemented at the site plan approval stage should the applications be approved. 9.4 Building Division The Building Division has no objections. 9.5 Finance Department The Finance Department has confirmed that the taxes on the subject properties have been paid up-to-date. 97 Municipality of Clarington Report PSD -052-17 10. Discussion 10.1 Intensification Page 10 The four storey residential building will be a good intensification project in downtown Newcastle. The original 6 storey proposal had 91 additional residential units; the revised 4 storey proposal has 52 additional residential units. Intensification is encouraged by Provincial, Regional and Municipal policy. The proposed application will increase housing diversity and affordability. It will also enliven the area and supports the long term viability of the downtown. 10.2 Heritage Property The property at 153 King Avenue East is a Regency Cottage built around 1853. The symmetrical square frame structure, with an addition at the rear, is one and a half storeys with a central dormer over the front door. Where a building is recognized on the cultural heritage inventory, the Municipality discourages the demolition or inappropriate alteration of a cultural heritage resource. The Heritage Impact Assessment noted that the property has lost much of its original character through renovations. Parkview Lodge has now taken possession of the property and is requesting to demolish the building on 153 King Avenue to allow the proposed addition. They have informed Staff of the poor condition of the house and their concerns with the risk of liability having an empty building. The Clarington Heritage Committee reviewed the proposal at their meeting of March 21, 2017 and passed the following motion: THAT the Clarington Heritage Committee recommend to Council that the property located at 153 King Avenue East obtained a Group 1 score when evaluated and should be added on the Municipal Register; THAT the Clarington Heritage Committee recommend to Council that should Council approve the Zoning By-law Amendment and the house be demolished that plaques recognizing both the Regency Cottage and the Influence of the early British Military Settlers and the Historic Nature of the East District within Newcastle Village be prominently displayed to capture this historic and significant architecture within the community. The Committee had some serious concerns with the Heritage Impact Assessment submitted with the application and felt that it contained inconsistencies and that many elements of heritage value were not recognized within the report. The Committee asked staff to relay this information to Council. Municipality of Clarington Report PSD -052-17 Page 11 The Heritage Impact Assessment and Addendum does not fully describe and detail the existing heritage value of the property and building. Although it is suggested that through internal renovations much of its original character is lost, staff believe this building has some heritage value in the architectural style. Further, the building contributes to understanding the history of Newcastle. These elements should be acknowledged. Appropriate architectural details in the proposed new building and/or erecting suitable plaques are recommended as part of the design of the building to commemorate the history of the property. 10.3 Achieving Appropriate Massing, Height and Setbacks The proposed development will be located to the west side of the site. The interior east side yard would be between approximately 14 metres and 22 metres. The distance between the proposed building and the nearest building to the east will be 26 metres. The proposed building has been revised to have a maximum of four storeys, or approximately 12 metres in height. The revised proposal increases the interior side yard to 6 metres on the west side of the property. The total distance from the proposed building to the existing residential dwelling at 149 King Avenue East would be approximately 12 metres. The proposed setbacks will allow a greater separation between the proposed development and the existing one storey residential property to the west than previously proposed (Figure 4). While the proposed development has the unfortunate effect of isolating the property to the west at 149 King Avenue East, the additional setback and reduced building height provides greater light and privacy for the occupants of the dwelling. The final building form, location of mechanical units and building articulation has not been established as part of this process. Staff will continue to work with the applicant through future site plan submission so that the final design mitigates any negative impact the surrounding properties. Municipality of Clarington Report PSD -052-17 1 'ASC s� f�� l ``�ii�� .�.�-rte �, King P*Q e� Page 12 0 1 to 3 storeys 0 Proposed 4 Storeys 0 Future 6 Storeys Figure 4: Three dimensional image of existing and future context 10.4 Character and Street Relationship The applicant is proposing a building setback of two metres from King Avenue East. Urban design policies, guidelines and objectives of the Clarington Official Plan require the building form, setback and building heights to be designed to enhance the unique character of the Village Centre as a heritage main street and to maintain a pedestrian related scale. The Newcastle Village Urban Design Guidelines indicates that building should incorporate a well-defined base or podium along the street frontage with upper floors stepping back. The zoning by-law implements the guidelines with a one metre step back for the portion of the building above two -storeys facing King Avenue. This will help to create a pedestrian -related scale building while keeping the character of the district. No building projections including balconies will be allowed beyond the two metres ground level setback. 100 Municipality of Clarington Report PSD -052-17 10.5 Parking Areas, Pedestrian Connectivity and Landscape Treatment Page 13 The proposed development will have parking at grade underneath the building and behind the first floor portion of the building facing King Ave. The elevation facing King Avenue East will have 2 apartments (optional commercial) and amenity space. These uses will contribute to create an active street while serving to screen the parking uses from King Avenue. The development will incorporate parking areas to minimize the impact on the pedestrian environment. The revised site plan will need to incorporate an unobstructed pedestrian connection from the existing Parkview Lodge building. The proposed existing parking faces a walkway located to the east. As part of the site plan process landscaping will be required to screen the parking area. Active transportation will be promoted with mobility scooters in addition to the existing bicycle parking requirements. Both will be required to be located in secure areas. A number of mature trees are located on the proposed development site. Staff will work with the applicant to minimize unnecessary removal of trees in the parking area to the south around the existing building. 10.6 Parking Requirements The revised development will contain a total of 95 units, 43 existing units and 52 new units. A total of 54 surface parking spaces are proposed, 22 of which would be under the rear portion of the building. Staff reviewed the aerial photos of the existing development during the past 16 years, from 2000 to 2016 to collect parking usage information. The actual number of parking spaces used provided a consistent average parking usage of 20 parking spaces over that timeframe, which is slightly below the 22 parking spaces required by the zoning by-law for the existing Parkview Lodge. Using the observed parking ratio for the entire development would require 48 parking spaces. The existing Parkview Lodge has a property manager and a live-in superintendent. It is recommended that the proposed Zoning By-law include two dedicated parking spaces for on-site staff. Based on this information, staff are satisfied the 54 parking spaces proposed, will provide an appropriate parking ratio for the development. The development will require a total of a minimum 50 parking spaces which is less than the 54 parking spaces proposed by the applicant. The additional spaces provide flexibility, particularly if commercial uses such as barber's shop and/or a ladies hairdressing salon are located on the ground floor at street frontage. 101 Municipality of Clarington Report PSD -052-17 Page 14 The existing Parkview Lodge has adapted interior space to park mobility scooters. The room capacity is for 6 scooters. However, there is a total of eight residents using mobility scooters. Recognizing the demographics of residents that would occupy these units Staff will work with the applicant through the site plan process to design a building that would include parking spaces for mobility scooters. 10.7 Public Concerns Addressed The reduction in height to four floors and the reduction in the total number of units addresses the concerns raised by the public regarding loss of privacy, diminished sunlight, increase traffic and parking issues and building proximity to the street. The proposed zoning by-law amendment permits a building addition that will have the option of some commercial uses. The applicant is proposing approximately 52 units including both one and two bedroom units. The final number of units and size of them will be determined by the market and the design requirements. Staff have reviewed all public comments and believe all concerns have been addressed to the extent possible. The concerns of the public will continue to be taken into account during the site plan review stage. Staff will consider additional elements such as screening through landscaping and fencing and window placement in response to concerns of neighbouring residents. 11. Conclusion The proposal reflects the objectives of the Provincial Growth Plan, the Durham Regional Official Plan and the Clarington Official Plan, including OPA 107. In consideration of all agency, staff and public comments, it is respectfully recommended that the application to rezone the subject lands be approved to permit a four storey building. 12. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan and will contribute to providing a variety of affordable housing types. 102 Municipality of Clarington Report PSD -052-17 Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Page 15 Reviewed by. Curry Cliff d, M A, CMO, Interim CAO Staff Contact: Ruth Porras, Senior Planner/Urban Designer, 905-623-3379 ext. 2412 or rporras(a_clarington.net Attachments: Attachment 1 - Zoning By-law Amendment List of interested parties to be notified of Council's decision: Parkview Lodge (c/o Joyce Kufta and Theresa Vanhaverbeke) Newcastle Village and District Historical Society Newcastle/Bond Head Ratepayers Association The Catholic Women's League of Canada A Gift of Art, The Clarington Artist & Artisan's Outlet Newcastle & District Chamber of Commerce The Lions Club of Newcastle Jean -Anne Symak Nancy Stephenson RP/CP/av/df/jp I:\ADepartment\LDO NEW FILING SYSTEMApplication Files\ZBA-Zoning\2017\ZBA2017-0002 Newcastle Lodge\Staff Report\PSD-052-17\PSD-052-17.docx 103 Attachment 1 to Municipality of Clarington Report PSD -052-17 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 2017-0002; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule `5' is amended by changing the zone designation from "General Commercial (C1) Zone" to "Urban Residential Exception (R4-2) Zone" as illustrated on the attached Schedule W. 2. Section 15.4.2 Urban Residential Exception (R4-2) Zone is replaced as follows: 3. Notwithstanding Section 15.1 b.,15.2, 3.12 a., c., 3.16 b. ii), e., i. iv), those lands zoned R4-2 on the Schedules to this By-law shall be subject to the following zone regulations: a. Non -Residential Uses i) Service shop, personal b. Regulations i) Floor Space Index (maximum) 0.80 C. Lot Frontage (minimum) 50 metres d. Yard Requirements (minimum unless otherwise indicated) i) Front Yard a) First two storeys (minimum) 2.0 metres (maximum) 4.0 metres b) The third storey and higher of the building fagade facing King Avenue East shall be setback a minimum of 1.0 metres from the wall of the second storey facing King Avenue East 104 c) To a balcony, deck or canopy 2.0 metres ii) Interior Side Yard (west) 6.0 metres iii) Interior Side Yard (east) 10.0 metres iv) Interior Side Yard (north) 7.5 metres v) Rear Yard 7.5 metres e. Dwelling Unit Area (minimum) i) One Bedroom Dwelling Unit 40 square metres ii) Two Bedroom Dwelling Unit 55 square metres f. Building Height (maximum) 4 storeys g. Landscape Open Space (minimum) 40% h. Indoor Amenity Space (minimum) 2.0 square metres/dwelling unit i. Outdoor Amenity Space (minimum) 4.0 square metres/dwelling unit j. Length of the street fagade along King Avenue East (minimum) 50% k. Parking (minimum) i) Parking 0.25 spaces per dwelling unit of which 10% are to be accessible parking spaces. ii) Parking visitors 0.25 spaces per dwelling unit of which 10% are to be accessible parking spaces. iii) Staff Parking 2 iv) No parking may be located between the front building line and the street. I. Loading (minimum) two spaces, 7.5 metres by 3.0 metres each m. Non -Residential Floor area (maximum) 75 square metres 4. Schedule 'A' attached hereto shall form part of this By-law. 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. By -Law passed in open session this day of , 2017 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 105 This is Schedule "A" to By-law 2017- , passed this day of , 2017 A.D. King Avenue East a� L 0 E CO 2 Cutler Drive Legend Zoning Change From "C-1" To "R4-2" N - Zoning to Remain "R4-2" Newcastle • ZBA 2017-0002 • Schedule 5 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 106 Clarington Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 26, 2017 Report Number: PSD -053-17 Resolution Number: File Number: PLN 34.5.2.47 By-law Number: Report Subject: Designated Heritage Property Alteration Request — 1640 Concession Road 9 Recommendations: That Report PSD -053-17 be received; 2. That permission be granted to allow for the original double hung gothic windows of coloured and etched glass to be replaced with new wooden windows and to allow the sponge grain finished wainscoting to be painted on the property identified as 1640 Concession Road 9, Enfield, in accordance with Section 33(4) of the Ontario Heritage Act; and 3. That all interested parties listed in Report PSD -053-17 and any delegations be advised of Council's decision. 107 Municipality of Clarington Report PSD -053-17 Report Overview Page 2 The owners of 1640 Concession Road 9 in Enfield have applied for a Heritage Alteration Permit. The permit is to allow for the original double hung gothic windows of coloured and etched glass to be replaced with new wooden windows and to allow the sponge grain finished wainscoting to be painted. The Clarington Heritage Committee and staff are recommending that Council approve the alteration request. 1. Application Details 1.1. Owner/Applicant: Christine and Todd Kauffman 1.2. Proposal: To allow for the original double hung gothic windows of coloured and etched glass to be replaced with new wooden windows and to allow the sponge grain finished wainscoting to be painted. 1.3. Area: 1.4. Location: 1.5. Roll Number: 2. Background 0.05 Hectares (0.13 Acre) 1640 Concession Road 9, Enfield 181701016023400 2.1. The building at 1640 Concession Road 9 dates back to 1877 and is a very good example of small rural frame churches built in Darlington during the mid -1800's (Figure 1). The property was designated by Council under Part IV of the Ontario Act on June 8, 1992. In November 2015, Council approved an amendment to the designation by-law to allow alterations to the building that would permit the conversion of the former church to a single detached dwelling. Included in the alterations was adding wooden storm windows to the exterior of the double hung gothic windows, which are single paned glass. 2.2. Attributes specifically noted in the designation by-law of heritage value and interest include: • Wooden clapboard siding • Double hung gothic windows of coloured and etched glass • Gothic arched window above the front door • 6 inch pine floor boards, • Sponge grained wainscoting • Pine coat rack 1 Municipality of Clarington Report PSD -053-17 Page 3 Figure 1: Front fagade of 1640 Concession Road 9 The current owners, Christine and Todd Kauffman, purchased the property in 2016. During the 2017 winter months the Kauffman's experienced problems with condensation and water entering through the double hung gothic windows and water pooling between the new storm windows. The new storm windows were not constructed in a typical fashion and are not easily removable. It appears when the storms were installed, the double hung gothic windows were altered. This alteration has allowed water to get between the windows and causing condensation. The owners have appeared before the heritage committee on multiple occasions seeking input and dialog on possible solutions. The Kauffman's have also contacted many window experts to explore their options. Staff have conducted site visits to view the water damage the Kauffman's have experienced (Figure 2). 109 Municipality of Clarington Report PSD -053-17 Figure 2: Rot and water damage on existing double hung windows Page 4 The proposed replacement windows (Attachment 1) are the best option to address the damage to the existing windows. The alterations made to the windows when the storm windows were installed make it very difficult to keep the existing windows and address the water issues observed. The sponge grained finish on the wainscoting has faded over the years and is no longer visible. 3. Ontario Heritage Act The Ontario Heritage Act empowers municipalities to pass a by-law designating a property to be of cultural heritage value and interest. On June 8, 1992, Council approved the heritage designation of 1640 Concession Road 9 under part IV of the Ontario Heritage Act. 110 Municipality of Clarington Report PSD -053-17 Page 5 The Act stipulates that the owner of a property designated under Part IV cannot alter the property where such alteration is likely to affect the heritage attributes set out in the property's description in the designation by-law without Council's consent. Council is required to consult the heritage committee when considering an alteration request. The Clarington Heritage Committee reviewed the request for alteration to the designated heritage property during their April 18 and May 16, 2017 meetings. They passed the following motions in support of the required alterations to the property at 1640 Concession Road 9: "THAT the committee recommend approval for the replacement of the existing double hung gothic wooden windows with etched and stained glass with new redwood windows with wooden mullions in a design that replicates the existing windows." "THAT the committee recommend approval for the alteration of the sponge grained wainscoting to be painted an off white or cream colour as the sponge grained wainscoting was removed at some point in time." 4. Staff Comments The amount of water damage and rot around the original double hung windows is extensive. It may be possible to repair the existing windows; however, given the alterations in 2015 the contractors consulted indicated they cannot guarantee the repair will prevent similar water problems from occurring. The solution that would best address the water problems and give the home owners functioning windows would be removing the storm windows and replacing the windows. The proposed new wooden windows will be custom made and installed in the existing window frames after the rot is repaired. The new windows will be similar in appearance, minus the etched and coloured glass. When reviewing maintenance on heritage buildings every effort is made to repair and retain original elements of buildings. In this instance replacement appears to be the best solution to limit any further damage to the building. The sponge grained finish on the wainscoting is no longer visible. The finish has faded over time and appears as unstained wood. Updating the wainscoting with a new coat of paint to improve its appearance does not impact the heritage value. 5. Concurrence Not applicable. 111 Municipality of Clarington Report PSD -053-17 6. Conclusion Page 6 The Clarington Heritage Committee's function under the Ontario Heritage Act is to provide advice and assistance to Council on matters of heritage conservation. The committee is in support of the proposed alterations to replace the original double hung gothic windows with new wooden windows and to allow the sponge grain wainscoting to be painted. Staff support the request for a heritage permit alteration to this designated property and recommend Council approve the requested alterations. 7. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan, specifically actions 3.4 and 3.5. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO, Director of Planning Services Interim CAO Staff Contact: Brandon Weiler, Planner, 905-623-3379 ext. 2424 or bweiler(a-clarington. net Attachments: Attachment 1 — Proposed Wood Window Replacements The following is a list of the interested parties to be notified of Council's decision: Christine and Todd Kauffman Clarington Heritage Committee Provincial Registrar Ontario Heritage Trust BW/FL/df 112 Municipality of Clarington Attachment 1 to Report PSD -053-17 113 M rri rrI IM W M o i xto to o M tj 33, z c M M .. ru -- -- — -- o P" N z H tj 0 _ <� MMo m :5 9,z a: Ir tj C3 n r o M 64 to I M CI r n Z 31m a R CM] rw � 1 A 2C0 NE mr�u o � � 71 ' _ CA m go X �o i !n � 113 Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 26, 2017 Report Number: PSD -054-17 Resolution: File Number: RE 4.17 By-law Number: Report Subject: Declaration of Surplus Property, 155 Baseline Road, Bowmanville Recommendations: 1. That Report PSD -054-17 be received; 2. That Council declare approximately 6.02 acres of the property identified as 155 Baseline Road and shown in Figure 1 of Report PSD -054-17, as surplus and offered for sale to the adjacent property owner at terms to be negotiated including that there be no net loss in flood storage capacity for the floodplain; and 3. That all interested parties listed in Report PSD -054-17 and any delegations be advised of Council's decision. 114 Municipality of Clarington Report PSD -054-17 Report Overview Page 2 The Municipality in discussion with SmartREIT, the contractual owners of the properties owned by 4246551 Canada Inc. (Rona) and Bowmanville Creek Development Inc. (Torgan) with respect to a commercial development opportunity at Highway 401 in Bowmanville. To help facilitate this project certain Municipal lands are required by the development proponent. To dispose of municipally owned properties they must be declared surplus. 1. Background 1.1 Interest has been expressed in the acquisition of 2.436 ha (6.02 acres) to be used in conjunction with other properties to the west for commercial development (Attachment 1). The parcel is on the south side of Baseline Road and west side of Bowmanville Creek. It is identified as 155 Baseline Road, shown in Figure 1 (next page). 1.2 The developer is proposing to raise the elevation of this property and use it for parking. The proposal is to compensate for the storage within the floodplain south of the 401 on other lands owned by the Municipality. There would also be compensation for lost natural heritage attributes. 1.3 Other conditions with regard to the commercial development such as zoning amendments, site plan and related matters will be included in the purchase and sale agreement which will be brought to Council once negotiated. 1.4 By-law 2011-11, being a by-law to establish procedures governing the sale of real property, stated that from time to time Council may be propose sale of land providing that: It is declared surplus; At least one appraisal or letter of opinion of fair market value of the land to be sold from a qualified appraiser is obtained; and Notice is given to the public by publication or an advertisement and/or posting on the Municipality's website. 115 Municipality of Clarington Report PSD -054-17 Page 3 Figure 2. Next Steps — Key Map showing lands at 155 Baseline to be declared surplus The next step in the disposal process of this municipal property would be to have an appraisal prepared and enter into negotiations with the potential purchaser. The logical purchaser is the adjacent (to the west) property owner. The acquiring property owner will be responsible for ensuring the proposed use meets the Official Plan and Zoning By-law or seek approval of required amendments which are referenced in Report PSD -047-17 on the same meeting agenda. Notice of the proposed sale would be given in the newspaper. 3. Concurrence This report has been reviewed by the Director of Engineering Services and the Municipal Solicitor who concur with the recommendations. 116 Municipality of Clarington Report PSD -054-17 4. Conclusion Page 4 The lands at 155 Baseline Road were acquired by the Municipality as part of the valleyland program due to their flood hazards and natural heritage features. SmartREIT is proposing to acquire approximately 6.02 acres to consolidate with other lands for a commercial development which is a significant development opportunity for the Municipality. In order to make this viable, a substantial cut and fill program is required to provide the flood storage capacity to compensate for this proposed use. Given the magnitude of the economic development opportunity, it is recommended that the lands be declared surplus and that staff be authorized to negotiate appropriate arrangements with SmartREIT. 5. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Curry Cliff d, MPA, CMO Interim CAO Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaid (a_clarington.net Attachment 1 — SmartReit letter of May 25, 2017 The following is a list of the interested parties to be notified of Council's decision: Ornella Richichi, SmartReit DJC/FL/tg IA IDepartment\LDO NEW FILING SYSTEM\Application Files\RE-Real Estate\RE 4.17 Declaration of Surplus Property\PSD-054-17.docx 117 Municipality of Clarington May 25, 2017 Attachment 1 to Report PSD -054-17 SMARTRE IT® MAY 2017 MUNICIPAUl"Y OF GLAFiINGTON �PLANNING DEPARTMI:IVT 700 APPLEWOOD CRES. SUITE 200 1 VAUGHAN, ON. CANADA WK 5X3 T 905 326 6400 F 905 326 0783 Delivered by Hand Planning Services Department Municipality of Clarington 40 Temperance Street Bowmanville ON, L1 C 3A6 Attention: Ms. Faye Langmaid, Manager of Special Projects Re: Request for Declaration of Municipal Lands as Surplus 155 Baseline Road West, Bowmanville Dear Ms. Langmaid, Please accept the enclosed as SmartREIT's formal request to declare approximately 6.02 acres of 155 Baseline Road West (the "Property"), Bowmanville as surplus to the Municipality of Clarington's needs. The Property is generally located on the south side of Baseline Road West, north of Highway 401, east of the existing vacant RONA store and west of Bowmanville Creek. The Property is composed of two parcels identified with Property Identification Numbers 266440276 and 266440124 (see attached Schedule 1). Combined, the total acreage of both parcels is 13.8 acres. SmartREIT has submitted an application to amend Zoning By -Law 84-63 to allow for the development of a retail outlet centre. The proposed development concept requires the acquisition of a portion of the Municipally owned lands. The current estimated land requirement from the Municipally owned Property is approximately 6.02 acres (see attached Schedule 2). A reference plan will be prepared at the appropriate time to confirm the exact acreage to be declared surplus. The Property is currently undeveloped and is located entirely within the Regulatory limits of the Bowmanville Creek floodplain. Further, the Property is designated as Environmental Protection Area within the Municipality of Clarington's Official Plan and zoned Environmental Protection (EP) under Zoning By -Law 84-63. We trust the enclosed and supporting documentation is sufficient for the Municipality to initiate the process of declaring the Property as surplus to the Municipality Should you require anything further, or have any questions, please do not hesitate to the undersigned. SMARTREIT.COM 1 Sincerely, Ornella Richichi Executive Vice President, Development Attachments Schedule 1 Schedule 2 SMARTREIT.COM N LLIJ W 121 • I I ��t� �glllllly� � c • f.- 121 Ciarbgton Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102 Report To: Planning and Development Committee Date of Meeting: June 26, 2017 Report Number: PSD -055-17 Resolution Number: File Number: PLN 1.1.21 By-law Number: Report Subject: Provincial Release of the Growth Plan for the Greater Golden Horseshoe, the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan - 2017 Recommendations: 1. That Report PSD -055-17 be received for information; 122 Municipality of Clarington Report PSD -055-17 Page 2 Report Overview On May 18, 2017, the Province of Ontario released four updated land use plans: the Growth Plan for the Greater Golden Horseshoe, the Greenbelt Plan, the Oak Ridges Moraine Conservation Plan and the Niagara Escarpment Plan. These high level plans govern land use planning in Southern Ontario. The purpose of this report is to provide an overview of the new policies, excluding the Niagara Escarpment Plan. The new Plans will come into effect on July 1, 2017. Over time these plans will have a significant impact on the community and its residents. Upper tier municipalities such as the Region of Durham are to review and update their official plans to conform to the updated Growth Plan by 2022, and the lower tier municipalities such as Clarington have one additional year to conform. In the meantime, the policies of the recently approved Clarington Official Plan will remain in effect. The Region is expected to initiate a review of the Durham Regional Official Plan sometime in 2018, after the Province has prepared guidance documents. Clarington will then initiate a comprehensive review around 2020. Public education about the changes will be incorporated into the Planning Department's work program particularly as we move forward with Secondary Plans. 1. Background 1.1. On May 18, 2017, the Province of Ontario released four updated land use plans: The Growth Plan for the Greater Golden Horseshoe, the Greenbelt Plan, the Oak Ridges Moraine Conservation Plan, and the Niagara Escarpment Plan. 1.2. The Province, through Metrolinx, is currently working on an updated Regional Transportation Master Plan for the Greater Golden Horseshoe. Metrolinx expects to release a draft in the fall of this year, with an anticipated completion by 2018. When completed, it will guide provincial infrastructure investment needed to support the Growth Plan. 1.3. The revised Provincial Plans are the result of a process that began in February 2015. The Provincial Plans under review provide the long term planning framework and direction to manage growth, protect agricultural lands, conserve the natural environment and support economic development within the Greater Golden Horseshoe. 1.4. Staff prepared four reports on the Co-ordinated Provincial Four Plan Review with the following being the major issues identified: 123 Municipality of Clarington Report PSD -055-17 • growing the Greenbelt e3 • the need for the infrastructure and transit services to support intensification and greenfield density targets; • the expansion of the Orono Urban Boundary and rounding out of Hamlets; • designation of prime employment lands; • local flexibility in determining natural heritage benefits; • inclusion of Urban Creek Valleys and Coastal Wetlands; • protecting Prime Agricultural Lands; 1.5 There are four recommendations from the Municipality that were not addressed in the final updated plans: • Growing the Greenbelt to cover prime agricultural lands south of the Greenbelt using a scientific evaluation of the lands. • Provincial support in defending provincially mandated elements such as Provincially Significant Wetlands in the event of an appeal to the Ontario Municipal Board. • More support from the Province for preparing Plans. • Removing the lands owned by Nash Road Developments Inc. from the Greenbelt. 2. General Changes Affecting All Plans 2.1 Consistency in Terminology and Integration between Plans The Plans have been prepared at various points in time. One of the important changes from an implementation perspective was to have consistency in definitions, terminology, approaches to issues. The interrelationships between the Plans will be far better understood for implementation. Policies have been updated to reference new Acts such as the Great Lakes Act. 2.2 Agricultural System Over the years, land use planning has moved to a systems understanding of how things work. The natural heritage system and the hydrological system were concepts introduced in previous Plans. The updated Plans refer to an "agricultural system". An "agricultural system" expands beyond the consideration of the land base to include the agricultural support network, which includes first level processing, distributers, farm markets, agricultural services and transportation networks. 124 Municipality of Clarington Report PSD -055-17 2.3 Climate Change e4 The Provincial plans introduce new policies related to climate change. Municipalities are required to integrate climate change analysis and policies for the agricultural system, the natural heritage system, the water resources system, infrastructure, and development. Municipal policies are to align with the Ontario Climate Change Strategy and the Climate Change Action Plan. Municipal policies are to conform to the Provincial Plans and need to include the assessment of infrastructure risk and vulnerabilities, storm water management planning incorporating green infrastructure and low impact development, watershed planning, and establishing municipal interim and long-term greenhouse gas emission reduction targets. The Municipality has already established a good policy framework in the recently adopted Official Plan Amendment 107, which would align and implement the new Provincial direction. 3. Growth Plan for the Greater Golden Horseshoe (2017) Population and Job Growth 3.1 Population and job forecasts for the Greater Golden Horseshoe were updated to reflect the new planning horizon of 2041 as follows: • The planned growth for 13.5 million people and 6.3 million jobs at 2041 in the Greater Golden Horseshoe; (This is an additional 4.3 million people for the GGH and 3.1 million in the GTAH over 2016); • Durham's population is anticipated to almost double in size in 25 years, increasing from 646,000 in 2016 to almost 1.2 million in 2041; • In the decade between 2031 and 2041, Toronto and each Region in the GTA is expected to grow by approximately 200,000 people; • Job growth in the GTA is anticipated to increase by 400,000 jobs in the decade between 2031 and 2041, with York Region being the fastest growing area of job growth, almost double that of the City of Toronto; • Job growth in Durham will exceed job growth in Toronto in the decade after 2031; • The Durham job growth forecast in the decade between 2031 and 2041 is 80,000 jobs and jobs are anticipated to reach 430,000 jobs in 2041. 125 Municipality of Clarington Report PSD -055-17 Page 5 Intensification and Density Targets 3.2 To better control sprawl and provide for efficient transit -supportive growth, increased Intensification and Designated Greenfield density targets are established which are to be phased in over time. 3.3 The new intensification targets established on a Regional basis are as follows: Increasing intensification from 40% to 50% of new residential units after the next comprehensive official plan review. • Increasing to 60% intensification after 2031. The Region allocates the units needed to meet the Region's intensification target across the area municipalities. Under the previous Growth Plan, the Region's 40% intensification target resulted in a 32% intensification target for Clarington recognizing there were more limited opportunities for intensification in Clarington. When the Region updates their Official Plan, the Region will allocate Clarington's portion of this increased target in a similar manner in accordance with the ability of each municipality to accommodate intensification growth. 3.4 The Clarington Official Plan as amended by Amendment 107 already moves in this direction with our efforts to preserve agricultural land. The Clarington Official Plan provides for the intensification target to increase from 32% to 40% intensification after 2021. 3.5 The minimum density target for Designated Greenfield Areas will have to increase from 50 residents and jobs combined per gross hectare to eventually 80 residents and jobs per gross hectare over time as follows: • The existing 50 residents and jobs per hectare continues to apply; • Through the next municipal comprehensive review, existing Designated Greenfield Areas will have to be planned at an increased minimum of 60 residents and jobs combined per gross hectare; • Any new Designated Greenfield Areas brought in through urban boundary expansions in the next Regional Official Plan Review will have to be planned at 80 residents and jobs combined per hectare. 3.6 The minimum density targets are planned on a region -wide basis and each neighbourhood can be treated differently, However, it is expected that the Region will maintain a uniform rate across the Region and it will be up to Clarington to address neighbourhood level variation. The Region can request alternative minimum density targets where it can be demonstrated that it cannot be achieved subject to a number of criteria. 3.7 There are additional features that can be taken out of the calculation for density targets in designated greenfield areas, such as cemeteries and employment areas. Minimum density targets for employment areas are to be determined by upper tier municipalities through an employment strategy. 126 Municipality of Clarington Report PSD -055-17 e6 3.8 Minimum density targets are established for major transit stations on a transit priority corridor. The Lakeshore East GO Rail line is identified as a transit priority corridor from Burlington to Oshawa. However, the transit priority designation would be extended in the future to the GO Rail station areas in Clarington. Regardless of whether there is a Provincial requirement, it is nonetheless good public policy for Clarington to establish its own minimum density target around the GO Rail stations. Our Official Plan currently has a net density target of 200 units per gross hectare in the transportation hub area. Strategic Growth Areas 3.9 Strategic Growth Areas has been introduced into the lexicon referring to areas that would be the focus of intensification and higher density mixed uses. These areas include urban growth centres (Oshawa and Pickering), major transit station areas and other major opportunities such as brownfield and redevelopment sites. Transit 3.10 The new Growth Plan establishes transit as a first priority for transportation planning and investment in the Greater Golden Horseshoe. Changes to the Growth Plan includes the identification of the GO Train extension to Bowmanville shown as "Committed Go Transit Rail Extension". Employment Areas 3.11 New provisions for Employment Areas include: • The Province must approve all employment land conversions to non - employment uses resulting from a municipal comprehensive review. • Introduces a new industrial land use designation: "prime employment area". They are to be located near major goods movement facilities such as corridors and highway interchanges. This land use was created to protect lands for uses that are land extensive or have low employment densities, including manufacturing, warehousing and logistics. • Retail, residential and other sensitive land uses not associated with the employment use cannot be located in prime employment areas; • Retail and office uses will be directed to areas accessible by existing or planned transit. In other words; for Clarington this means retail and office uses will largely have to be in Urban Centres and Regional Corridors. • Major office and appropriate major institutional development will be directed to Strategic Growth Areas which include urban growth centres, major transit station areas. 127 Municipality of Clarington Report PSD -055-17 Page 7 Housing Strategy 3.12 The updated Growth Plan includes policies for affordable housing. This is a component of the multi -pronged strategy recently announced by the Province. Housing policies include: • Durham Region and other upper tier municipalities are required to develop a housing strategy to meet intensification targets and establishing targets for affordable ownership and rental housing. • Municipalities are required to consider the appropriate range of unit sizes in apartments, condominiums and townhouses to accommodate a diverse range of household sizes and incomes. Settlement Boundary Expansion 3.13 Provisions regarding settlement area expansions have been amended. As before, expansion of settlement area boundaries can only take place at the time of the Region's comprehensive Official Plan review. Any potential settlement area expansions must be based a land needs assessment. Once the need has been determined, including the amount of land required to meet this need, Clarington will work concurrently with the Region to determine the most appropriate locations and potential expansion which would be based on criteria. At the time of the Regional Official Plan review, the Municipality will also pursue the expansion of the Orono Urban boundary. Watershed planning must be complete before planning settlement area expansions. This requirement for watershed plans also applies to infrastructure or major developments that could affect those watersheds. Natural Heritage System 3.14 The new Growth Plan has established Oak Ridges Moraine and Greenbelt -level protections for natural heritage systems, such as wetlands, woodlands and rivers and the surrounding land, beyond the Greenbelt. The Province will take the lead in mapping those areas however, they have committed to consulting with both upper and lower tier municipalities. Municipalities would be required to plan for and protect these systems in their municipal official plans. OPA 107 already provides for a consistent delineation and protection for Clarington's natural heritage system. 4. The Greenbelt Plan (2017) and Oak Ridges Moraine Conservation Plan (2017) 4.1 Greenbelt Reduction The Province received 700 private requests to remove lands from the Greenbelt. They carefully reviewed the request using evidence -based criteria and only 58 hectares were deleted from the Greenbelt through privately initiated request. 128 Municipality of Clarington Report PSD -055-17 Page 8 The Province corrected the error from 2005 where a portion of the Brookhill Neighbourhood was inadvertently included within the Greenbelt. This was removed from the Greenbelt. The request of Nash Road Developments and Clarington to remove lands on the north east corner of Nash Road and Hancock Road from the Greenbelt was not approved. Some lands in Pickering, Whitby and Oshawa were removed from the Greenbelt. Overall only 148 hectares was removed from the Greenbelt. 4.2 Greenbelt Expansion The Greenbelt Plan (2017) expanded by 10,000 hectares which included recognizing 21 Urban River Valleys. The urban river valleys recognize the main corridors of river valleys connecting the rest of the Greenbelt to the Great Lakes. Associated policies have been included, however they apply only to publicly owned lands within the Urban River Valley designation. Publically owned lands within the Farewell, Black, Bowmanville, Soper, Wilmot and Graham Creek valleys and associated coastal wetlands are afforded permanent Greenbelt protection. The natural heritage systems in Greenbelt and Oak Ridges Moraine Conservation Plans are well harmonized however within Settlement Areas the provisions of the Provincial Policy Statement continue to prevail. Municipalities may continue to provide more stringent protection of their natural heritage system provided it does not conflict with other provisions of the Plans. 4.3 Future Greenbelt Expansion The Province will lead a process to identify potential areas to be added to the Protected Countryside of the Greenbelt in consultation with municipalities, conservation authorities and stakeholders. The intent being to build upon the existing Agricultural, Natural Heritage and Water Resources Systems of the Plan. The focus will be on identifying areas of ecological or hydrological significance where urbanization should not occur. Greenbelt expansions will be authorized by the Ministry of Municipal Affairs. The Mayor and CAO have met with the Minister of Municipal Affairs to discuss expansions requested by Council and guided by evidence based decision making. Municipalities may also request to grow the Greenbelt with a protected countryside or urban river valley designation. This consideration will follow the procedures previously set by the Province. The Province may also consider Municipal requests, on behalf of a request by a private landowner for an Urban River Valley designation. 4.4 Excess Soil Management Excess soil management (industrial fill) is addressed. Municipalities should develop soil reuse strategies as part of planning for growth. Municipalities and industries are to use best practices on managing excess soil. Fill quality and fill placement at a site shall not adversely affect the current or proposed use of the property and the natural environment and is compatible with adjacent land uses. 129 Municipality of Clarington Report PSD -055-17 Page 9 5. Provincial Implementation Measures 5.1 The Ministry of Municipal Affairs will undertake work prior to the upper tier comprehensive reviews to: • Prepare a standard methodology for land needs assessment to accommodate forecasted growth to 2041. This was the major obstacle in the last round of implementation where the Region of Durham and the Province were at odds heading to the OMB, before the Minister declared a provincial interest. • Fix the size and location of urban growth centres. Note that the Plan allows the Minister to update the built boundary but Ministry of Municipal Affairs staff has indicated that there is no intention to do this at this point in time. 5.2 The Province will also undertake work to: • Define the "agricultural system". The agricultural system is a broader look at not only the quality of soils but the infrastructure needed to support the agricultural community. This work would assist in "growing the Greenbelt" to include the lands Council requested. Define a Provincial natural heritage system. In this regard, the Municipality undertook an exercise through the Official Plan review to develop/update the natural heritage system in accordance with Provincial policy. The Province wants to ensure a consistent approach to the implementation of natural heritage polices through the GGH and thus will be taking more detailed action. 5.3 The Province will also release guidance materials for watershed planning, a Manual for Low Impact development (LID), and Green House Gas (GHG) emissions, inventories, targets, and emission reduction strategies. 6. Inter -relationships with Other Provincial Initiatives 6.1 Bill 139 was given first reading shortly before the new Provincial Plans were released. The Bill included fundamental changes to the Ontario Municipal Board (OMB). The OMB is to be replaced with the Local Planning Appeal Tribunal (LPAT) with more limited powers. It will not consider planning matters "de novo" but will truly function as an appeal body. Procedurally, it will be very different than the OMB. 6.2 Another part of the Bill proposes to shelter from appeals those municipal amendments to the Official Plan that are approved by the Province to bring Plans into conformity with Provincial policy. This is an excellent step forward and addresses our previous concerns. 6.3 The proposed legislation would also amend the Planning Act by adding a subsection requiring an official plan to "contain policies that identify goals, objectives and actions to mitigate greenhouse gas emissions and to provide for adaptations to a changing climate, including through increasing resiliency". 130 Municipality of Clarington Report PSD -055-17 7. Conclusion Is 10 7.1 As of July 1, 2017, Council's decisions on land use planning, transportation, and infrastructure must conform to the new Provincial Plans. Further clarification is being sought on transitional issues. 7.2 Official Plans will need to be updated to conform to the new Provincial Plans. The Region's municipal comprehensive review of the Official Plan is to be completed by 2022 and Clarington's by 2023. 7.3 Planning staff are attending training session this month to get a better understanding of the changes to the Provincial Plans, particularly with respect to interpretation and implementation matters. 7.4 Public education about the changes will be incorporated in the Department's overall work to build deeper and wider public understanding of the decisions that have been made provincially, regionally and municipally about how the community will develop. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Curry Clifford, MPA, CMO, Interim CAO Staff Contact: Staff Contact: Carlos Salazar, Lisa Backus & Nicole Zambri, 905-623-3379 ext. 2409 or csalazar@clarington.net The Four 2017 Provincial Plans can be found on the Ministry of Municipal Affairs and Ministry of Housing website at: http://www.mah.gov.on.ca/Pagel0882.aspx NZ/COS/DJC/tg/av I:\^Department\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 1 Planning Legislation\PLN 1.1.21 2015 Provincial 4 Plans Review\Staff Report\PSD-055-17 Four Plan Review.Docx 131 Ian Mathany T 416-367-6095 F 416-361-6749 imathany@blg.com June 23, 2017 Delivered by email Michelle Chambers Committee Coordinator Clerk's Department Municipality of Clarington 40 Temperance Street, Bowmanville ON LIC 3A6 Dear Ms. Chambers: Re: Application to Amend Zoning By-law 84-63 1845 South Service Road, Clarington Intentional Interference with Economic Relations LMC11— Borden Ladner Gervais We represent Manheim Auto Auctions Company ("Manheim"), owner of the property located south of South Service Road and west of Osbourne Road, Clarington. We write in response to the Notice of Public Information Centre and the Municipality's application to amend Zoning By-law 84-63 (the "Application"), Prior to December 2012, the subject property was approximately 32 acres in size with a municipal address of 1845 South Service Road (the "Manheim Lands"). Manheim's total investment in the Manheim Lands, including both land and building, was in excess of $6.5 million dollars as at the end of 2010. Manheim ran a successful automobile auction business at the Manheim Lands for approximately 20 years and until the Ministry of Transportation ("MTO") expropriated a portion of the Manheim Lands in December 2012 as part of the MTO's Highway 407 East expansion. The MTO's partial expropriation of the Manheim Lands resulted in the demolition of all improvements (including Manheim's auction facility) on site and reduced the Manheim Lands from approximately 32 acres to approximately 24 acres. Shortly after the MTO's partial expropriation that resulted in the termination of the Manheim operation at the Manheim Lands, the Manheim Lands for sale. However, and considering the narrow uses available for the lands, the market for the Manheim Lands has been slow to develop. The Manheim Lands are currently zoned (H)M02-1 in Zoning By-law 84-63. The M02-1 zone permits all uses in the M02 zone as well as an Automotive Auction use. The definition of Automotive Auction means the use of land, buildings or structures or part thereof, used for the storage of operable motor vehicles which are to be sold on the premises by public auction. As such, the Automotive Auction use is permitted as of right. In early May 2017, Manheim accepted an offer to purchase the Manheim Lands from Copart Canada Inc. (the "Purchaser") who sought to use the Manheim Lands for the Automotive Auction use. As Clarington is well aware, the Purchaser operates an automobile auction in close proximity to the Manheim Lands. However, as the Purchaser undertook its diligence for the Manheim Lands, the Purchaser was advised by Clarington that Clarington is now in the process of seeking a rezoning of the Manheim Lands to completely eliminate the Automotive Auction use. Manheim first learned of Clarington's intention to strip the Manheim Lands of the Automotive Auction use from the Purchaser. Further, it is our understanding that the notice of public meeting for the proposed amendment to Zoning By-law 84-63 was mailed via ordinary mail on June 6, 2017 and that the notice of public meeting was published in the Clarington This Week newspaper on June 7, 2017, both being well after Manheim and the Purchaser entered into a Purchase and Sale Agreement. It is abundantly clear that Clarington is bringing the Application in response to the Purchase and Sale Agreement between Manheim and the Purchaser with the specific goal of preventing the Purchaser from making its intended use of the Manheim Lands. As a result of Clarington's actions, and more specifically as a result of Clarington initiating the Application to eliminate the Automotive Auction use from the Manheim Lands, the Purchaser has now pulled out of the Purchase and Sale Agreement with Manheim. Clarington's decision to bring a last minute Application to block the sale of the Manheim Lands to the Purchaser is improper, is made in bad faith and is an abuse of Clarington's powers. The Application is an intentional interference with Manheim's economic relations and has caused economic harm to Manheim. Yours truly, BORDEN LADNER GERVAIS L J�L_ ",*, 0. Ian Mathany IM:vcd C. Manheim �A Presentations and Handouts Application By: SmartREIT To accommodate a 25,360 sq.m. retail outlet centre Public Meeting: June 26, 2017 LU h M-1 C - BASELINE ROA WE TF- I.I.J9, r i" LU Ar for". F y ■,HVV 01 # Brij__M�� F� u9 BASELINE ROAD VEST 1 E f 4GI Proposed Zoning Changes Lu J HEV SCOTT VENUE �. x- Raw Lu CL - BASELI E'RO D WE T .. VVVI Il pre j a' +-j .. * i } :if - FBA1 - 016 Proposed Zoning Changes JOHN S ENUE r OC ~ Lands a � s111 I to be fill id --B ELI E'RO D{_ E T� _. 0 J LU LU it y `?4. �' • � i dogma. z tr w IF Lands to be cut Urban Design &Sustainability 1� 20 bLe SMp - �J Economic Development s 111111111 i I Ii k I I elmr.1110 14 t \ , . \.. y . :�y.-.�, , Of r. fe.,4 NMI LU LU LU i z OH SIC OTT. ENUE. r 4P LU FF E ROA V E T LU ; t ;- +ILLI TiL _ � �a zd17 001fi Applications By: Soroya and Spencer Yule Proposed Official Plan and Zoning By-law amendment to permit an apartment -in-house within a new addition to the existing dwelling on the rural residential property. Public Meeting: June 26, 2017 Background Site Context Policy & Zoning Ak Am • Clarington Official Plan • Clarington Official Plan Amendment 107 • Zoning By-law 84-63 toke - NOTICE X .. -444VI Concession Road; } a w- L Subject Property • T 46 S {11j r F : w. f f S i I _ •fit � I { 2 � • : �!�!P�' �4 0 7-949 Application By: The Municipality of Clarington A Proposal by the Municipality of Clarington to rezone lands to remove the exception permitting an auto auction at 50 Osborne Road, former Manheim Auto Auction. 50 Osborne Road, Courtice Public Meeting: June 26, 2017 Background & Purpose �JL �.�. Gri'gnn Erw W Bum}rm Frk Am BNdKLmy "P'rr'p .M roam PimY10w ERp�u}mwMCui+Sx Clarington Energy Business Park, Courtice MAP A ® Ugm I"Amd 2 LAW USE ® o m Space AND PWARY ROADS ,. , E+vi'uvwRm Pmlmodn Arra :LJAIHGIOH Y HUilk5 PATK P,yq{ la m.r.�n. 3a'+ Clarington Energy Business Park, Courtice Site Context off "44j*' looking south from South Service Road to Manheim's, June 2009 71*MjMo �q looking west from Osbourne Road, September 2016 Public Notice and Agency Comments ENERGY DRIVE Durham Region Cycling Coalition D RCC Pramnting Snfn F.yr_Iina nrniighnut Diuhnm Rnginn w"DufMrn tcoln xa www.durhamsafecycling.ca CCALI��IENOv DRCC promotes Safe Cycling throughout Durham Region Bicycle Friendly promotes the Safe use of our Streets, Roads, and MUP in Clarington *I coati i C4,6, Al • With the New Outlet proposal ZBA2017-0016 will come increased traffic. • We are asking for an extension of the Valley2000 trail to the WFT. • This will reduce the unsafe condition that exist to cyclist when exiting the V2000 trail. • At present they face a busy Baseline Rd to an even busier Waverly Rd or Liberty St in an attempt to get to the WFT and the E Beach • We also request bike lanes on Baseline Rd between Waverly Rd and Liberty St. • These bike lanes need to enter the new Outlet parking lot to further protect cyclist and drivers from conflict. • There should be direct access to the new Valley2000 trail extension from the parking lot. �NGYC[ REG 710N pj . r,6ALITIO Apr ic _ AY• } ,• ti lb s 4 tax16 Ir i '.' * ` 10 Ar r3 y + P *0+. . 1mw y + +ok ` • _ 10 7- TM S IL K r 5s r r Ole i r .� PROPOSED OUTLET ti.. r� CENTRE 4 x * - TIP i *IL27 �+00, ■■ :. fly L 16t ddL R_ X 3 4G017 GC0711 rl 33 Jata G2317 Ga o6 To'7u wr. rnota wccm: mms 54 od '"d mcer WG ISI m � • coati i 71frYa1 IlI1 i . / 40 y �Mmpod Jsnawa Creek Tr;; . � ~- �_�-_I � 5 555' _- ly I • ~ • 5ti i y I i 4I 4 I 1 y � � • � ,5 5 7 5 I ,I � •1 y 5 M1.I s� I f , r• y4 1 r ti • 'L • Oshawa creek trail / 401 • Kingston KmP trail / 401 S land pjrel)MC6 iw K&P Trall Thi jsin-n Whig-Stancm *I coati i C4,6, Al At present Bowmanville has no safe AT routes to the WIFT or the E Beach. Both Liberty and Waverly 401 under and over passes are a nightmare to navigate on a bicycle. 0 If you go east of town, you are faced with a busy highway 2 to get to Bennet Rd, go west and you are faced with 3 round -a -bouts with no bike lanes at Holt. 0 With a trail extension of 550 m we can solve these AT issues With good planning the new proposed Outlet Centre should have a trail head entrance to the trail extension. C4Owl c� 3�b �CA�LIAPr ��IENOv • Lets look at the benefits. • People choosing to work at the new Outlet Centre will now have a "Car Free Option" that will get them safely to their place of employment. • With safe connections from the new Go Transit Hub to the Outlet Centre and on to the WFT and E Beach, we will attract tourism. • Safe AT routes to these points will be a big plus to our existing families. • New people moving into our rapidly developing communities will welcome alternatives options of travel. *I coati i C4,6, Al • Partnerships are the way to get things done. • AT groups like Bike Friendly and the DRCC are important stakeholders in our communities. • The Province of Ontario just announced a $42 million incentive for communities willing to increase their commuter cycling programs. • 1 believe Clarington along with the DRCC/Bike Friendly, the Outlet Developer, the Region of Durham and the MTO can be a force for positive change in our municipality • By working together we can create safe access to places like shopping, WFT's and our E Beach CCALI �'S'IENOAl Pr Thanks, If you have any questions I will do my best to answer them. Proposed Retail Outlet - Statutory Public Meeting 205 Baseline Road West, Bowmanville gift _ j } P ' j 1 #' I Planning and Development Committee — June 26, 2017 Zoning By -Law Amendment (ZBA 2017-0016) aa.. 47f7F ;-rip �I 0 LU LU J d' LLJ -�r a Concept Plan �t. r O J BASELINE ROAD WEST .i-- r � � 0 � 40 _ --` 4040 1 0_► 'w,im,]MKZJ Proposed Developed Site Area: 30.74 Ac. Total Building Area (GFA): 273,000 Sq. Ft. Total Parking Provided: 1,380 Stalls (5.52/1000 Sq. Ft. GBA) O SmartREIT 2 Built Form Concept SmartREIT IV~ A row— ,16 Sri-- Highway and Road Improvements i h 1,2 ,l p � Ngve W+dec I3rvAgP { t - G—rHlghway401--f--- —__ . . wisp 4 I I _ t .21 r •�� f - ri - Proposed Nrw WV—jer Rd, un & afr RRmps [risking Ramps Rr-mnved S Or - H—L-bllh,e Read Want e , Road Improvement f WkWing E7dsling Ramps b7 Be Removed � InlerOarxgie- I&Omvenwts 0 Hew Tum Lenu Pmpowd 0 INersec5ona lffp ryvwiemts EYisung Traft Si Ml M rinure r Prc}OSad Tragic Slpnal -IL Slop GWbrd u SmartREIT 4 Economic Impacts • Tourism Attraction — Create a destination which will attract tourists/visitors from beyond the Region • Catalyst for Future Development • Property Tax Revenues — Estimated on-going property tax revenue of $3.6 million • Permanent Employment Generation —Estimated 610 full time equivalent jobs • Development Charge Revenue — Estimated net Development Charge revenue of $1.2 million (Municipal) and $2.6 million (Regional) • Commercial Construction Investment — Estimated investment of $85-$86 million resulting in: - Approximately 836 full-time years of employment; - Approximately $55.6 million in labour income; and - $78.9 million in total economic value added; Economic impacts based on conclusions of Outlet Centre and Highway 401/Waverley Interchange Preliminary Market and Impact Assessment dated June 1, 2017 by UrbanMetrics Inc. SmartREIT 5 Project Timeline June 19, 2017 SmarfREIT Retail Outlet — Bo rnanville Public Open House June 2, 2017 Statutory Public Mooting October 2017 Council Consideration of Proposed Development 042017 Earthworks Phase 1 (clearing of vegetation 1 2018 Demolition of FNA Store 2 201 - 04 2018 Earthworks Phase 2 (floodplain earthworks) 2 2019 - 03 2020 Building Construction 2 2019 - 03 2020 Waverley erloy Road Highwa 401 Interchange F e on tru tion Summer 2020 Retail Outlet Grand Opening SmartREIT Questions/Comments? SmartREIT