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HomeMy WebLinkAbout10/23/2017Final ciffiW4017 Planning and Development Committee Agenda Date: October 23, 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: Samantha Gray, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at sgray(a.clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non -audible mode during the meeting. Copies of Reports are available at www.clarington.net CIarifl#oII Planning and Development Committee Agenda Date: October 23, 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 October 2 Minutes of a Regular Meeting of October 2, 2017 Page 5 Minutes 7 Public Meetings 7.1 Public Meeting Application for a Proposed Zoning By-law Amendment Page 19 Applicant: 2103386 Ontario Inc. (Halminen) and Lousiville Homes Ltd. Report: PSD -076-17 7.2 Public Meeting Application for a Proposed Zoning By-law Amendment Page 21 Applicant: Newcastle Funeral Home Ltd. Report: PSD -077-17 Page 2 CIarifl#oII Planning and Development Committee Agenda Date: October 23, 2017 Time: 7:00 PM Place: Council Chambers 7.3 Public Meeting Application for a Proposed Zoning By-law Amendment Page 23 Applicant: Brookfield Residential (Onatrio) Limited Report: PSD -078-17 8 Delegations 8.1 Peter Zakarow, Regarding PSD -079-17 Recommendation to Add 282 Liberty Street, Bowmanville to the Municipal Register 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications— Direction 10.1 Gerry Request from Gerry Mahoney for an Exemption from the Page 25 Mahoney Two Year Freeze on Making an Application to Amend the Clarington Official Plan (Motion to permit Mr. Mahoney to file an application requesting that the Clarington Official Plan be amended to allow a non -abutting surplus farm dwelling severance at 4548 Lakeshore Road and by granting permission to Mr. Mahoney to make an Official Plan Amendment Application, Council is in no way expressing any opinion regarding the planning merits of the Application or any related application) 11 Presentations No Presentations Page 3 CIarifl#oII Planning and Development Committee Agenda Date: October 23, 2017 Time: 7:00 PM Place: Council Chambers 12 Planning Services Department Reports 12.1 PSD -076-17 Development Applications by 2103386 Ontario Inc. Page 28 (Halminen) and Louisville Homes Ltd. for 263 Single Detached Dwellings, a Range of 132 to 142 Street Townhouse Dwellings, and 105 Link Townhouse Dwellings in Newcastle 12.2 PSD -077-17 An application by Newcastle Funeral Home Ltd. To amend the Zoning By-law to permit alkaline hydrolysis, a flameless form of cremation, within an existing funeral home at 386 Mill Street South, Newcastle [To be distributed with the Final Agenda Update] 12.3 PSD -078-17 An Application by Brookfield Residential (Ontario) Limited Page 38 for Draft Plan of Subdivision and Rezoning to Permit the Development of 23 Single Detached Homes in Newcastle 12.4 PSD -079-17 Recommendation to Add 282 Liberty Street, Bowmanville Page 48 to the Municipal Register 12.5 PSD -081-17 Designation of 2020 Lambs Road, Former Ontario Boys Page 56 Training School and WWII Prison of War Camp 30 13 New Business — Consideration 14 Unfinished Business None 15 Confidential Reports No Reports 16 Adjournment Page 4 Clar*wn Planning and Development Committee Minutes October 2, 2017 Minutes of a meeting of the Planning and Development Committee held on Monday, October 2, 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 W. Woo arrived at 8:05 PM Regrets: Councillor Traill Staff Present: A. Allison, D. Crome, K. Richardson, C. Salazar, J. Gallagher, S. Gray 1 Call to Order Councillor Neal called the meeting to order at 7:00 PM. 2 New Business — Introduction Suspend the Rules Resolution #PD -170-17 Moved by Councillor Cooke, seconded by Councillor Hooper That the Rules of Procedure be suspended to add the delegation of Ryan Guetter, Weston Consulting, Regarding Reports PSD -067-17, Recommendation Report by High Street Courtice Inc. to Amend the Clarington Official Plan and Zoning By-law to Permit a 464 Unit Residential Development along Courtice Main Street, and Report PSD -068-17, Declaration of Surplus Property on the east side of Farewell Creek in response to a request by Courtice High Street Inc., to the Delegation Section of the Agenda. Carried 3 Adopt the Agenda Resolution #PD -171-17 Moved by Councillor Cooke, seconded by Councillor Hooper That the Agenda for the Planning and Development Committee meeting of October 2, 2017 be adopted as presented with the addition of: x Communication Item 10.3 from The Region of Durham x Communication Item 10.4 from Jeff Goldman of 2117412 Ontario Limited - 1 - Clar*wn Planning and Development Committee Minutes October 2, 2017 That the delegation of Ryan Guetter, Weston Consulting, Regarding Reports PSD -067-17, Recommendation Report by High Street Courtice Inc. to Amend the Clarington Official Plan and Zoning By-law to Permit a 464 Unit Residential Development along Courtice Main Street, and Report PSD -068-17, Declaration of Surplus Property on the east side of Farewell Creek in response to a request by Courtice High Street Inc., to the Delegation Section of the Agenda. Carried 4 Declarations of Interest There were no disclosures of interest stated at this meeting. 5 Announcements Members of Committee announced upcoming community events and matters of community interest. 6 Adoption of Minutes of Previous Meeting Resolution #PD -172-17 Moved by Councillor Partner, seconded by Mayor Foster That the minutes of the regular meeting of the Planning and Development Committee, held on September 11, 2017, be approved. Carried 7 Public Meetings 7.1 Application for a Proposed Zoning By-law Amendment Applicant: Eiram Developments Corporation Report: PSD -065-17 Mitch Morawetz, Planner, made a verbal and electronic presentation to the Committee regarding the application. Stephen Naylor, Initiative Planning Solutions, spoke on behalf of the applicant. Mr. Naylor thanked the Committee and staff. He stated that they were aware of the concerns and issues raised and mentioned that they will address them. Mr. Naylor mentioned that they will work towards a solution satisfactory to the Municipality of Clarington. -2- 0 Clar*wn Planning and Development Committee Minutes October 2, 2017 7.2 Application for a Proposed Zoning By-law Amendment Applicant: 1891211 Ontario Limited c/o YYZed Project Management Report: PSD -066-17 Anne Taylor -Scott, Planner, made a verbal and electronic presentation to the Committee regarding the application. William Mortenbeck, local resident, spoke in opposition to the application. Mr. Mortenbeck stated that he was present at the previous meeting and did not see a change in the design except for the height of the buildings. He expressed his concerns regarding the access to the development as well as the increased traffic on Highway 2. Mr. Mortenbeck stated that Regional Road 57 will be widened and future development will be going behind Garnet B. Rickard Recreation Complex and that this development should be built on the west side of Bowmanville. He noted that there needs to be a traffic count, and that he is concerned with the volume of traffic from Regional Road 57 to Roenigk, especially on Fridays. Mr. Mortenbeck conclude by stating that there has been no improvement since the first meeting. Jacquie Attwood, local resident, spoke in opposition to the application. Ms. Attwood stated that there is no value added to the community in regard to the height of the buildings. She expressed concerns with the traffic, stating that it is already terrible in that area. Ms. Attwood noted that there is no proper in and out access for these buildings and the expansion of Regional Road 57 will make it worse. She expressed concerns with the proximity of the buildings to the railway tracks, and does not believe it will be a safe corridor. Ms. Atwood stated that she has environmental concerns. She also expressed concern with the amount of parking, stating that there is no off street parking for the visitors. Ms. Attwood noted that the design of the development takes away from the look of Bowmanville. She asked the Committee why the development has to be on this corner, and noted it is the busiest intersection in Bowmanville. Patricia Seaton, local resident, spoke in opposition to the application. Ms. Seaton spoke to the concern of public safety and raised the issue of how children will get to school. She is concerned with children walking to school across a busy roads with no crossing guard. Ms. Seaton stated her concern with the environmental impact this development will have, to the animals and milkweed in the area, which is essential for the monarch butterflies. She stated that preserving this area is one way Clarington "can say that they care about the environment". Ms. Seaton concluded by stating that Clarington does not need this development. Fred Wiener, local resident, spoke in opposition to the application. Mr. Wiener expressed his concern with the traffic, especially the construction traffic in the area. He stated that the traffic will only increase if this development is approved. Mr. Wiener noted that he would like to maintain the small town Bowmanville feel. He asked the Committee to bring this application to another Public Meeting before a decision is made. Mr. Wiener stated that there is a lot of land in the area where one could build a 12 storey building that won't affect residents as much as this development. -3- Clarftwn Planning and Development Committee Minutes October 2, 2017 Jeff Goldman, local resident, spoke to the application. Mr. Goldman stated that, after listening to the concerns from residents in the area, he urged the Municipality of Clarington and the applicant to work closely with the Region of Durham. He noted that Regional Road 57 will be upgraded and the upgrade is scheduled to start at the intersection of Regional Road 57 and King Street within the next year. Mr. Goldman mentioned that, if the infrastructure is completed, it is important to coordinate with the development, and that the Committee encourage the responsible bodies to work together to ensure the road work and all other infrastructure is done in a coordinated fashion and in a way that anticipates future development so the disruption to the community is kept to a minimum. Sean Lawrence, Kohn Partnership Architects Inc. and Marianna de Cola, spoke on behalf of the applicant. Mr. Lawrence made a verbal presentation to accompany an electronic presentation. He highlighted the major changes in the application and reviewed the site plan provided from October. He reviewed the three building compositions and some of the amenities of the buildings, including the separate shared amenity building and the "tot lot". Mr. Lawrence stated that he spoke to the railway regarding sound, installing a crash wall and berm, which aligns with the railway's requirements. He explained that it was the Municipality of Clarington's urban designers who requested that the building height be increased on the corner of the development to provide emphasis and act as a gateway into Bowmanville. Mr. Lawrence advised that, after discussion with the Region, the access from King Street has been moved 30 metres to the east. He explained that the building heights will be 12 storeys at the corner and stepping down. Mr. Lawrence advised that the land on the east of the development will be left in a naturalized condition. He explained that this development will have underground parking to supply sufficient parking spaces. Mr. Lawrence noted that the units will be a 50/50 mix of one and two bedrooms units. He advised the Committee that he is available to answer questions. Councillor Woo arrived at the meeting at 8:05 PM. Richard Pernicky, Nextrans Engineering, spoke on behalf of the applicant. Mr. Pernicky made a verbal presentation to accompany an electronic presentation. He outlined the transportation study, and addressed concerns from residents. Mr. Pernicky reviewed the site traffic trip generation for the development. He advised the Committee that the development is proposing 608 spaces, which is higher than the required 585 spaces in relation to the Zoning By-law. Mr. Pernicky reviewed the site access and the location of the new entrance onto King Street. He advised that the signalized intersection will be coordinated with Martin Road to ensure traffic flow during peak periods. Mr. Pernicky advised the Committee that he is available to answer questions. Clar*wn Planning and Development Committee Minutes October 2, 2017 8 Delegations 8.1 Eddy Chan, Director, Land Development, Delpark Home and Darren Marks, GHD Limited, Regarding An Application by South Bowmanville Limited (Delpark Homes) to rezone the lands to facilitate the creation of two additional lots for the construction of single detached dwellings Eddy Chan, Director, Land Development, Delpark Home and Darren Marks, GHD Limited, was present regarding an Application by South Bowmanville Limited (Delpark Homes) to rezone the lands to facilitate the creation of two additional lots for the construction of single detached dwellings. Mr. Chan stated that they were present to answer questions from the Committee. Recess Resolution #PD -173-17 Moved by Councillor Hooper, seconded by Councillor Partner That the Committee recess for 5 minutes. Carried The meeting reconvened at 9:05 PM with Councillor Neal in the Chair. 8.2 Suzanne Reiner, Regarding Report PSD -067-17, Recommendation Report by High Street Courtice Inc. to Amend the Clarington Official Plan and Zoning By-law to Permit a 464 Unit Residential Development along Courtice Main Street Suzanne Reiner was present to express her concerns with the recommendations outlined in Report PSD -064-17. Ms. Reiner made a verbal presentation to accompany an electronic presentation. She stated that she moved to the area for the greenspace and rural area. Ms. Reiner advised the Committee that the request to amend the Official Plan and Zoning By-law pertaining to this application should not be approved until a concept plan is investigated. She stated that a master block plan should be completed before the approval of the application. Ms. Reiner noted that she would like the development to be separated into two development proposals and deal with each individually. She expressed concern that the development of the Darlington Boulevard is premature until sewers are in place and a master block plan is in place. Ms. Reiner stated that she would like to preserve the essence of the rural community and street. -5- E Clar*wn Planning and Development Committee Minutes October 2, 2017 8.3 Wendy Cates, Regarding Report PSD -067-17, Recommendation Report by High Street Courtice Inc. to Amend the Clarington Official Plan and Zoning By-law to Permit a 464 Unit Residential Development along Courtice Main Street Wendy Cates was present to express her concerns with the recommendations outlined in Report PSD -064-17. Ms. Cates expressed concern with the minimal time spent on the development compared to the impact it will have. She mentioned that she is not speaking against the high density proposal as a whole, but only against the road access onto Darlington Boulevard. Ms. Cates stated that the proposal should be split into two proposals until further planning discussions have taken place with all parties. She mentioned that any changes recommended for Darlington Boulevard should coincide with the development. Ms. Cates proposed that the secondary plan be completed prior to approval of this application. She stated that the development on Darlington Boulevard is premature. Ms. Cates noted that she confirmed the zoning of her residence with the Municipality of Clarington prior to purchasing her home and would like it to remain. She mentioned that the property lines on the east side should mirror the west side. Ms. Cates proposed that 3D drawings of the proposal should be completed to scale. She noted that the traffic plan is flawed and needs to be observed outside the hours of 7:00 AM and 4:00 PM. Ms. Cates stated that speeding is an issue, especially after dusk. She noted that the "right in, right out" will only encourage resident to use the shortcuts. Ms. Cates expressed concern that the temporary access will not remain temporary. She noted that parking on Darlington Boulevard will increase with visitors to the development. Ms. Cates continued by stating that a secondary plan for this street is needed and that before work is done there should be a coordinated approach. Suspend the Rules Resolution #PD -174-17 Moved by Councillor Cooke, seconded by Councillor Hooper That the Rules of Procedure be suspended to allow the delegation of : H Q G \ & D W be extended for an additional two minutes. Carried She stated that the Committee has a responsibility to protect the existing and future residents in this area. Ms. Cates concluded by asking that Members of Committee reconsider the development and the impact it will have on the existing owners. 10 Clar*wji Planning and Development Committee Minutes October 2, 2017 8.4 Ryan Guetter, Senior Vice President, Weston Consulting, regarding Report PSD -067 Recommendation Report by High Street Courtice Inc. to Amend the Clarington Official Plan and Zoning By-law to Permit a 464 Unit Residential Development along Courtice Main Street and Report PSD -068-17 Declaration of Surplus Property on the East Side of Farewell Creek in Response to a Request by Courtice High Street Inc. Ryan Guetter, Weston Consulting, spoke on behalf of the applicant. Mr. Guetter commented that he supports the recommendations. He advised the Committee that he has been working with staff regarding the public feedback. Mr. Guetter shared 3D images of the development with the Committee. He stated that the proposed lots to be created are in compliance with the R1 designation, and the lot frontage will be wider than the minimum requirement. Mr. Guetter highlighted the traffic report and stated that he supports the approach to the access configuration. He concluded by stating that there are measurements in the draft by-law that need to be captured and he will work with staff prior to moving forward. Mr. Guetter advised the Committee that he is available to answer questions. Mr. Alan Hirschfield was present to answer questions about the timing and the construction access. 8.5 Ryan Guetter, Senior Vice President, Weston Consulting, regarding Report PSD -068-17 Declaration of Surplus Property on the East Side of Farewell Creek in Response to a Request by Courtice High Street Inc. Ryan Guetter, Weston Consulting, spoke on behalf of the applicant. Mr. Guetter stated that he supports the staff recommendation of the declaration of surplus land pertaining to the adjustment that has occurred. 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications— Direction 10.1 Eddy Chan, Director, Land Development, Delpark Homes —Regarding An Application by South Bowmanville Limited (Delpark Homes) to rezone the lands to facilitate the creation of two additional lots for the construction of single detached dwellings Resolution #PD -175-17 Moved by Mayor Foster, seconded by Councillor Partner That Correspondence Item 10.1 from Eddy Chan, Director, Land Development, Delpark Homes — Regarding An Application by South Bowmanville Limited (Delpark Homes) to rezone the lands to facilitate the creation of two additional lots for the construction of single detached dwellings, be received for information. Carried 7- 11 Clar*wn Planning and Development Committee Minutes October 2, 2017 10.2 Ralph Walton, Regional Clerk/Director of Legislative Services, The Regional Municipality of Durham — Regarding Motion on Cannabis Legislation Resolution #PD -176-17 Moved by Mayor Foster, seconded by Councillor Partner That Communication Item 10.2 from Ralph Walton, Regional Clerk/Director of Legislative Services, The Regional Municipality of Durham — Regarding Motion re Cannabis Legislation, be received for information. Carried 10.3 Jeff Goldman of 2117412 Ontario Limited, Regarding Report PSD -067-17 Applications by High Street Courtice Inc. to Amend the Clarington Official Plan and Zoning By-law to Permit a 464 Unit Residential Development along Courtice Main Street Resolution #PD -177-17 Moved by Mayor Foster, seconded by Councillor Woo That Communication Item 10.3 from Jeff Goldman of 2117412 Ontario Limited, Regarding Report PSD -067-17, be referred to consideration of Agenda Item 12.3. Carried 11 Presentation(s) No Presentations 12 Planning Services Department Reports 12.1 PSD -065-17 An application by Eiram Development Corporation to amend the Zoning By-law to Permit a Development that Consists of 59 Townhouses and a Mixed-use Building at the South-West Corner of Mearns Avenue and Concession Road 3, Bowmanville Resolution #PD -178-17 Moved by Mayor Foster, seconded by Councillor Cooke That Report PSD -065-17 be received; That the proposed application for Zoning By-law Amendment ZBA 2017-0020 continue to be processed including the preparation of a subsequent recommendation report; 12 Clar*wn Planning and Development Committee Minutes October 2, 2017 That staff consider the public comments received in the further processing of the Zoning By-law Amendment application submitted by Eiram Development Corporation to permit the mixed-use development; and That all interested parties listed in Report PSD -065-17 and any delegations be advised of Council's decision. Carried 12.2 PSD -066-17 A Revised Rezoning Application by 1891211 Ontario Limited to Permit Three Apartment Buildings Containing 425 Dwelling Units, Bowmanville West Urban Centre Resolution #PD -179-17 Moved by Councillor Hooper, seconded by Mayor Foster That Report PSD -066-17 be received; That the revised application to amend Zoning By-law 84-63 submitted by 1891211 Ontario Limited continue to be processed including the preparation of a subsequent report; and That all interested parties listed in Report PSD -066-17 and any delegations be advised of Council's decision. Carried 12.3 PSD -067-17 Applications by High Street Courtice Inc. to amend the Clarington Official Plan and Zoning By-law to permit a 464 unit residential development along Courtice Main Street Resolution #PD -180-17 Moved by Councillor Cooke, seconded by Mayor Foster That Report PSD -067-17 be received; That Amendment No. 113 to the Courtice Main Street Secondary Plan as contained in Attachment 1 of Report PSD -067-17 be adopted; That the application to amend the Zoning By-law submitted by High Street Courtice be approved and that the Zoning By-law contained in Attachment 2 to Report PSD -067-17 be passed; That, once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved in phases if necessary; -9- 13 Clar*wn Planning and Development Committee Minutes October 2, 2017 That the Director of Engineering Services be authorized to negotiate lease arrangements with High Street Courtice Inc. for a sales pavilion on the lands identified as "Proposed Municipal Parking Lot" on Figure 1 and report back to Council; That Planning Services Department be authorized to undertake a Master Block Plan for the remaining parcels on the east side of Darlington Boulevard; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -067-17 and Council's decision; and That all interested parties listed in Report PSD -067-17 and any delegations be advised of Council's decision. Carried as Amended (See following motions) Suspend the Rules Resolution #PD -181-17 Moved by Mayor Foster, seconded by Councillor Cooke That the Rules of Procedure be suspended to extend the meeting until 12:00 PM. Carried Resolution #PD -182-17 Moved by Mayor Foster, seconded by Councillor Cooke That the foregoing Resolution #PD -180-17 be amended by adding the following to paragraph four after the words, "Official Plan": "and the Zoning By-law". Carried The foregoing Resolution #PD -180-17 was then put to a vote and carried as amended. Resolution #PD -183-17 Moved by Councillor Cooke, seconded by Councillor Partner That Reports PSD -068-17, PS -070-17, PSD -071-17, PSD -72-17, and PSD -73-17 be approved, on consent, as follows: Carried -10- 14 Clar*wn Planning and Development Committee Minutes October 2, 2017 12.4 PSD -068-17 Declaration of Surplus Property on the East Side of Farewell Creek in Response to a Request by Courtice High Street Inc. That Report PSD -068-17 be received; That Council declare approximately 0.18 hectares of the property shown in Figure 1 of Report PSD -068-17, as surplus and offered to the adjacent property owner at terms to be negotiated including natural heritage enhancements; and That all interested parties listed in Report PSD -068-17 and any delegations be advised of Council's decision. 12.6 PSD -070-17 Comments on Region of Durham Tree By-law, Five Year Review That Report PSD -070-17 be received; That Council endorse the comments provided on the Region of Durham Tree By-law, Five Year Review; That Report PSD -070-17 be sent to the Commissioner of Planning and Economic Development for the Region of Durham; and That any interested parties or delegations be advised of Council's decision. 12.7 PSD -071-17 New Residential Secondary Plans — Official Plan Implementation That Report PSD -071-17 be received; and That the Director of Planning be authorized to execute cost -recovery funding agreements for subwatershed planning studies. 12.8 PSD -072-17 Update of the Secondary Plans and Zoning for the Bowmanville West Urban Centre and the Bowmanville East Urban Centre That Report PSD -072-17 be received; That staff be authorized to undertake a review of the Bowmanville West Urban Centre Secondary Plan and the Bowmanville East Urban Centre Secondary Plan and to issue the appropriate requests for proposal; and That all interested parties listed in Report PSD -072-17 be advised of Council's decision. -11- 15 Clar*wn Planning and Development Committee Minutes October 2, 2017 12.9 PSD -073-17 Extension to Draft Approval for 19 Estate Residential Lots That Report PSD -073-17 be received; That the extension to Draft Approval for 18T-89007 be supported subject to the Conditions as contained in Attachment 1 to PSD -073-17; That the Durham Regional Planning and Economic Development Department, Municipality of Port Hope and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -073-17 and Council's decision; and That all interested parties listed in Report PSD -073-17 and any delegations be advised of Council's decision. 12.5 PSD -069-17 Renaming of the North Portion of Port Darlington Road to East Shores Drive Resolution #PD -184-17 Moved by Mayor Foster, seconded by Councillor Partner That Report PSD -069-17 be received; That staff be authorized to take appropriate steps for the renaming of the portion of Port Darlington Road from Lake Road and to the south boundary of the Hydro One Corridor, as East Shores Drive; That affected property owners and business tenants receive a goodwill payment recognizing the inconvenience and time associated with the street name change identified in Report PSD -069-17; That a copy of this report and Council's decision be forwarded to the Durham Regional Police Service and the Durham Regional Planning and Economic Development Department; and That all interested parties listed in Report PSD -069-17 and any delegations be advised of Council's decision. Motion Withdrawn -12- 16 Clar*wn Planning and Development Committee Minutes October 2, 2017 Resolution #PD -185-17 Moved by Councillor Partner, seconded by Councillor Woo That Report PSD -069-17 be received; That staff be authorized to take appropriate steps for the renaming of the portion of Port Darlington Road from Lake Road and to the south boundary of the Hydro One Corridor, as East Shores Drive; That affected property owners and business tenants receive a goodwill payment recognizing the inconvenience and time associated with the street name change identified in Report PSD -069-17; That a copy of this report and Council's decision be forwarded to the Durham Regional Police Service and the Durham Regional Planning and Economic Development Department; and That all interested parties listed in Report PSD -069-17 and any delegations be advised of Council's decision. Motion Lost Resolution #PD -186-17 Moved by Mayor Foster, seconded by Councillor Woo That Report PSD -069-17 Renaming of the North Portion of Port Darlington Road to East Shores Drive be referred to the Council meeting held on October 10, 2017. Carried 13 New Business — Consideration There were no New Business Item to be considered under this Section of the Agenda. 14 Unfinished Business 15 Confidential Reports There were no Confidential Reports scheduled under this Section of the Agenda. -13- 17 Clar*wji Planning and Development Committee Minutes October 2, 2017 16 Adjournment Resolution #PD -187-17 Moved by Mayor Foster, seconded by Councillor Partner That the meeting adjourn at 11:30 PM. Chair Carried -14- Deputy Clerk Clarington Notice 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 the Foster Northwest Neighbourhood Design Plan, the Clarington Official Plan, and Zoning By-law 84- 63; and to approve to approve a Draft Plan of Subdivision. Applicant: 2103386 Ontario Inc. (Halminen) and Louisville Homes Ltd. Application to amend the Clarington Official Plan to amend the Foster Northwest Neighbourhood Design Plan and incorporate it as a Secondary Plan. Application for Draft Approval of a Plan of Subdivision with related Amendment to the Zoning By-law: To permit a development containing a total of 500 to 510 dwelling units as follows: f 263 single detached dwellings; f 132 to 142 street townhouse dwellings (freehold); f 105 block townhouse dwellings (condominium); f Neighbourhood park and open space blocks; f A multi -use path; and f A stormwater management pond. The applications have been deemed complete. Address: North of King Avenue West, east of the Wilmot Creek Valleylands, South of Highway 35/115, and west of Rudell Road. 19 The proposed Neighbourhood Design Plan amendment and subsequent secondary plan, official plan amendment, draft plan of subdivision and zoning by-law amendment together with any additional information and background studies submitted in support of the applications are available for review at the Planning Services Department. Questions? Please contact Bob Russell, Planner 2, at 905-623-3379, extension 2414, or by email at brussell(a-_)clarington.net Public Information Centre: The Applicant will be hosting a Public Information Centre on: Date: Thursday, September 28, 2017 Time: 6:00 p.m. to 9:00 p.m. Place: Clarington Public Library, Newcastle Branch 150 King Avenue East, Newcastle, Ontario Statutory Public Meeting Clarington Council will receive comments on the applications on: Date: Monday, October 23, 2017 Time: 7:00 p.m. Place: 40 Temperance Street, Bowmanville, Ontario Municipal Administrative Centre Council Chambers Or write to the Planning Services Department to the attention of Bob Russell. File Numbers: PLN 31.5.11, COPA 2017-0004, S -C-2017-0005 and ZBA 2017-0007 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. David J. Crome, MCIP, RPP Director of Planning Services I:\ADepartment\LDO NEW FILING SYSTEM\Application Files\SC-Subdivision\S-C-2017\S-C-2017-0005 Foster Northwest\Public Notice\Notice of PIC and Public Meeting_09'18'2017.docx 20 Clarbgton Nonce of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Zoning By-law. Newcastle Funeral Home Ltd. Proposes to amend Zoning By-law 84-63 to permit an alternate form of cremation, a flameless process known as alkaline hydrolysis within the existing building on the property. Alkaline hydrolysis is a water based dissolution process which uses alkaline chemicals, heat, agitation and pressure to accelerate natural decomposition. The application submission has been deemed complete Address: 386 Mill Street South, Newcastle. The property is located at the north-west corner of the intersection of Mill Street South and Robert Street East � 12 � 1273. 0 0. Q ROBER" 5W 1 1 1410 `-414 :1428 1440 I 1283 286905. ` 1305 98 JAMES}ST W, E- 1311 324 W W 1323 34.0 •' x 132S U D U , 20. 38B�r r h 235 295 323 n 3?� 373 li HIGHWAY F4 ZBA 2D97 38S Mill St 5 Newcastle' Speak at the Public Meeting: 403 a 'z F— W 415 H li HIGHWAY F4 ZBA 2D97 38S Mill St 5 Newcastle' Speak at the Public Meeting: Imo_ I# 288 287 305 305 r 317 329 � 345=, 0 - H35 9� 35 � W `.. - W 373 N W _ a � no 412 426, Date: Monday, October, 23, 2017 Time: 7:00 pm Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6 Council Chambers, Municipal Administrative Centre Or write to the Planning Services Department to the attention of Brandon Weiler. 438 '50 Imo_ I# 288 287 305 305 r 317 329 � 345=, 0 - H35 9� 35 � W `.. - W 373 N W _ a � no 412 426, Date: Monday, October, 23, 2017 Time: 7:00 pm Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6 Council Chambers, Municipal Administrative Centre Or write to the Planning Services Department to the attention of Brandon Weiler. The proposed zoning by-law amendment together with any additional information are available for review at the Planning Services Department. Alkaline Hydrolysis is a flameless form of cremation. This process is relatively new in Ontario. Facilities offering this service are licenced by the Bereavement Authority of Ontario under the Funeral, Burial, and Cremation Services Act, 2002. More information on the process can be obtained at the links below. The links are external websites provided for background information on the Alkaline Hydrolysis process only. The municipality does not control the content of the websites. Please view at your own discretion: http://www.bbc.co.uk/news/resources/idt-sh/dissolving the dead https://basicfunerals.ca/funeral-industry/understandinq-preen-cremation/ Questions? Please contact Brandon Weiler 905-623-3379, extension 2424, or by email at bweileraclarinaton. net File Number: ZBA2017-0030 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 so. 417;t(Z_ David J. Crome, MCIP, RPP Director of Planning Services I:\ADepartment\LDO NEW FILING SYSTEM\PROCEDURAL MANUALS\Rezoning - 2012 Complete -updated June 2016\ZBA 5 - Public Meeting Notice.docx 22 Clarbgton- 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 applications to amend the Zoning By-law, and (for a proposed Plan of Subdivision. Proposal Brookfield Residential (Ontario) Limited wants develop 32 single detached homes. The application is Complete. Property 879 Regional Road 17, being on the east side Regional Road 17 approximately 450 metres of Concession -... 3, Newcastle. Other Lands..11 By Applicant ■ Hill ]JI Wil I ii j MIIIIIIIIJ IL- Ir � �` � 11111 11111 _1111111=it Subject- t� I�1 11111 ■ 1 � �� x11111111111 r �� � =� �IIIIIIIIIII �; ■IIIIII�I �� _� -_ ■111111111 ■ II 1111111 1111111 �IIIIIII1111 � Iflllllllll 1111111 ■ =111111111 �1 IIIII■I �, �I11111111�1111111 � - ■IIIIIIII 1111 'Fa -ft` • • • - • lillllllllll 1111111 b' • 11111 _ ■111111111 ■1111111■ LL= t. 11111111111 ■11111 1 r1111�1�■ UIHNII ��■ = =_IIIIIIIIII LU IIIIIIIIIIIIII� 11111111111 ■ alllllll■I � ■11111111111 .1■111111111111 111 111111 :11111111111 :IIIIIIII�►� '� �1� ■ .11111111 �Illlnl� G_�_ �_ � +1 1 1 : , f =11 T��\ 1111111111 111 1111 Illi Il How to be Informed The proposed amendment, additional information and background studies are available for review at the Planning Services Department. Please contact Cynthia Strike Principal Planner 905-623- • extension 2410, or by email at cstrike@clarington.net How to Provide Comments SpeakPublic Meeting: Monday, October 23rd, 2017 Time:Date: •0 PM Place: 40 Temperance Street, Bowmanville, ON Ll C 3A6 Municipal Administrative Centre Chambers Number: •0• - Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk's Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed, you will not be entitled to appeal the decision to the Ontario Municipal Board and you will not be able to participate at a hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. David J. Crome, MCIP, RPP Director of Planning Services IAADepartment\LDO NEW FILING SYSTEMWpplication Files\SC-Subdivision\S-C-2017\S-C-2017-0007 Brookfield\Public Notice\PM_SC2017-0007_OcV23'17.docx 24 GT4rington Memo Planning Services Department If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 To: Mayor and Members .of Council From: David Crome Date: October 17, 2017 Subject: Request from Gerry Mahoney for an exemption from the two year freeze on making an application to amend the Clarington Official Plan File: PC2014-0011 Gerry Mahoney has been going through the process of severing a surplus farm dwelling severance from the property at 4548 Lakeshore Road since 2015. Mr. Mahoney applied for and was granted an amendment to the Region's Official Plan in 2015 to permit the surplus dwelling severance. Mr. Mahoney applied to the Durham Region Land Division Committee earlier this year and was granted conditional approval. Two of the conditions were that he rezone the lands to ensure no new dwellings would be created on the retained lands and that a Clarington Official Plan Amendment be approved. The Clarington Official Plan Amendment is required as the plan states a minimum of 40 hectares is required for a non -abutting surplus farm dwelling severance. Mr. Mahoney's farm parcel is 25.3 hectares (62.5 acres). Mr. Mahoney's property is designated mainly Prime Agricultural with some Environmental Protection and Waterfront Greenway. Council's permission is required to allow Mr. Mahoney to file an Official Plan Amendment application because of changes to the Planning Act. Section 22(2.1) states that "no person or public body shall request an amendment to a new official plan before the second anniversary of the first day any part of the plan came into effect. OPA was approved by the Region on June 19, 2017. A new Official Plan Amendment application is prohibited unless "council has declared by resolution that such a request is permitted" (section 22(2.2)). Each request for Council to grant an exception like this should be considered on its own merits. The purpose of these sections of the Planning Act is to provide a timeout after a comprehensive review to ensure that there would be a greater compliance to a recently approved Official Plan or Zoning By-law and to prevent what could be viewed as an abuse of process where a landowner simply files an amendment at the end of a comprehensive review. In this case, Council could authorize Mr. Mahoney to be able to file an Official Plan Amendment application because the designation and the specific provision seeking amendment were not specifically addressed by Clarington Official Plan Amendment 107. The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379 25 Page 12 Surplus farm dwelling severances are permitted by the Official Plan and the requirement for a minimum of 40 hectares existed prior to Amendment 167. Council's decision to allow an Official Plan Amendment application to be filed cannot be construed as an indication of support for the proposal. The Official Plan Amendment application, if allowed, would be processed and reviewed in the same manner as any other. A Public Meeting would be scheduled upon receipt of a complete application. Accordingly, staff recommend that Council pass the attached resolution (Attachment 1). vid Crome Director, Planning Services Department BW/ah Attachments: LMepartmen6Lt70 NEW FILING SYSTEMIPRECONSULTATION120941PC2014-0011 4548 Lakeshore RoadWEM_Memo to Council seeking approval_17'10'2017.dotx 26 Attachment 1 MOVED BY SECONDED BY Whereas on June 19, 2017, The Regional Municipality of Durham approved Clarington Official Plan Amendment No. 107 (OPA 107); and Whereas Gerry Mahoney (Mr. Mahoney) wishes to amend the Clarington Official Plan to facilitate a surplus farm dwelling severance at 4548 Lakeshore Road; and Whereas subsections 22(2.1) and 22(2.2) of the Planning Act prohibit Mr. Mahoney from requesting an amendment to the Clarington Official Plan before the second anniversary of the first day that OPA 107 came into effect unless Council has declared by resolution that such a request is permitted: and Council wishes to permit Mr. Mahoney to make an Official Plan Amendment Application respecting his property. NOW THEREFORE BE IT RESOLVED THAT, 1. Council hereby permits Mr. Mahoney to file an application requesting that the Clarington Official Plan be amended to allow a non -abutting surplus farm dwelling severance at 4548 Lakeshore Road. 2. By granting permission to Mr. Mahoney to make an Official Plan Amendment Application, Council is in no way expressing any opinion regarding the planning merits of the Application or any related application. 27 Clarftwa Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: October 23, 2017 Report Number: PSD -076-17 Resolution: File Number: PLN 31.5.11, COPA 2017-0004 By-law Number: S -C-2017-0005 & ZBA 2017-0007 Report Subject: Development Applications by 2103386 Ontario Inc. (Halminen) and Louisville Homes Ltd. for 263 single detached dwellings, a range of 132 to 142 street townhouse dwellings, and 105 link townhouse dwellings in Newcastle Recommendations: That Report PSD -076-17 be received; 2. That the applications to amend the Neighbourhood Design Plan, Clarington Official Plan Amendment, Draft Plan of Subdivision and Rezoning submitted by 2103386 Ontario Inc. (Halminen) and Louisville Homes Ltd. for a range of up to 510 residential dwellings continue to be processed and that a subsequent report be prepared; and 3. That all interested parties listed in Report PSD -076-17 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -076-17 Report Overview Page 2 The Municipality is seeking public comments for applications it has received from 2103386 Ontario Inc. (Halminen) and Louisville Homes Ltd. The applicants are proposing an amendment to the Foster North West Neighbourhood Design Plan, Clarington Official Plan Amendment and Rezoning to permit a proposed Draft Plan of Subdivision with a range of residential dwellings, a neighbourhood park, a built heritage precinct for Belmont House, and a stormwater management pond. The lands are north of King Avenue West, east of the Wilmot Creek Valleylands, south of Highway 35/115, and west of Rudell Road, Newcastle. 1. Application Details 1.1 Owner/Applicant: 2103386 Ontario Inc. (Halminen) and Louisville Homes Ltd. 1.2 Agent: D.G. Biddle and Associates Limited 1.3 Proposal: Foster North West Neighbourhood Design Plan Amendment Relocation of the future site for the public secondary school, enlargement of the neighbourhood park, reconfiguration of the built heritage precinct, changes to street layout, and changes to locations of the different dwelling types. Clarington Official Plan Amendment Convert the Amended Neighbourhood Design Plan to a Secondary Plan in the Clarington Official Plan. Proposed Draft Plan of Subdivision A subdivision occupying a quadrant of a large neighbourhood, with approximately 10 local streets and 2 collector roads, 263 single detached dwellings, a range of 132 to 142 street townhouse dwellings, 105 link townhouse dwellings, a 1.27 ha (3.14 acre) neighbourhood park, a 0.66 ha (1.63 acre) built heritage precinct for Belmont House, and a 1.11 ha (2.74 acre) stormwater management pond but, not including the future secondary school site. Proposed Rezoning From "Agricultural Exception (A-1)" to appropriate zones to permit the proposed draft plan of subdivision with its varied dwelling types and frontages, the built heritage precinct and the secondary school site. The land area that is integral to the Wilmot Creek Valleylands will remain "Environmental Protection (EP)", the limits of which are specified through the review and acceptance of the Environmental Impact Study. 29 Municipality of Clarington Report PSD -076-17 1.4 Area: 28.59 hectares (70.65 acres) Page 3 1.5 Location: North of King Avenue West, east of the Wilmot Creek Valleylands south of Highway 35/115, and west of Rudell Road 1.6 Roll Numbers: 18-17-030-030-12010 18-17-030-030-12206 18-17-030-030-12020 18-17-030-030-12400 18-17-030-030-12204 18-17-030-030-12500 1.7 Within Built Boundary: No Figure 1: Foster North West — the Neighbourhood and the Proposed Draft Plan of Subdivision 30 Municipality of Clarington Report PSD -076-17 Page 4 2. Background 2.1 On February 21, 2017, D.G. Biddle & Associates Ltd., on behalf of 2103386 Ontario Inc. (Halminen), Louisville Homes Ltd. and Robert Stephenson (who has since sold his portion to 2103386 Ontario Inc.) submitted applications for Neighbourhood Design Plan Amendment, Clarington Official Plan Amendment, Draft Plan of Subdivision and Rezoning to permit a proposed draft plan of subdivision with a mix of single detached dwellings, street townhouse dwellings and link townhouse dwellings, a neighbourhood park, a built heritage precinct for Belmont House and a stormwater management pond. 2.2 A number of required documents were not submitted on February 21, 2017 and the applications were deemed incomplete. The last set of outstanding documents was given to Planning staff on August 31, 2017. 2.3 The Secondary School site was severed from the lands through a land division application in 2015. The 7.93 hectare (19.6 acre) parcel will facilitate a Secondary School. This change is shown in the proposed Amendment to the Neighbourhood Design Plan. The Secondary School site is not within the Proposed Draft Plan of Subdivision but, it is within the Neighbourhood Design Plan. 2.4 The Foster North West Neighbourhood Design Plan was approved on June 9, 2010. Based on the policies following approval of OPA 107, Secondary Plans are being prepared for new developing neighbourhoods. As a result, through the submitted Official Plan amendment, the existing Neighbourhood Design Plan and modifications will be converted into a Secondary Plan, which will be incorporated into the Clarington Official Plan. 2.5 The studies for this proposal submitted are: x Phase One Environmental Site Assessment x Planning Justification Report x Environmental Impact Study x Energy Efficiency and Sustainability Plan Report x Landscape Analysis x Hydrogeological Assessment x Archaeological Assessment x Geotechnical Investigation x Heritage Impact Assessment x Traffic Impact Study x Functional Servicing and Stormwater Drainage Report x Noise Impact Study 31 Municipality of Clarington Report PSD -076-17 3. Land Characteristics and Surrounding Uses Page 5 3.1 The lands are generally flat with some gentle sloping and an incised creek valley at the west boundary. Given Road, a local road, currently bisects the lands but, it is proposed to be closed and conveyed to facilitate the proposed development. The historic Belmont House is the occupier of an otherwise vacant site. Figure 2: From Given Road looking South, Field North of King Avenue West and the Newcastle Fire Station (No. 2) 3.2 The surrounding uses are as follows: North - Highway 35/115 and beyond, agricultural and rural residential. South - Regional Highway 2 and beyond, Newcastle Fire Station (No. 2), several residences, and Community Park with Recreation Centre. East - Rudell Road and beyond, urban residential and vacant, near future urban Residential. West - Wilmot Creek Valleylands. 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy encourages planning authorities to create healthy, livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreation, park and open space; and other uses to meet long term needs. The most relevant policies relating to these applications can be summarized as follows: 32 Municipality of Clarington Report PSD -076-17 Page 6 x New development in settlement areas shall have a compact form, a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. x A full range and mix of housing types and densities shall be provided to meet projected requirements of current and future residents of the regional market area. x A full range of built and natural settings for recreation including parks, open space areas, trails and linkages are to be provided. x Planning for Infrastructure and public service facilities must be efficient and cost effective while considering climate change impacts. x Development adjacent to natural features must demonstrate that there will be no negative impacts on the natural features or their ecological functions. x Development shall be directed to areas outside of hazardous lands impacted by flooding and erosion. 4.2 Provincial Growth Plan The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. Municipalities should establish an urban open space system within built up areas. Growth is to be accommodated in transit -supportive communities to reduce dependence on the automobile through the development of mixed use, pedestrian -friendly environments. Growth shall also be directed to areas that offer municipal water and wastewater systems. The subject lands are identified as Greenfield area, and outside of the Built-up area. In greenfield areas, growth is to make efficient use of services and infrastructure and be compact and transit -supportive. The Growth Plan requires municipalities to achieve a minimum density target that is not less than 60 residents and jobs combined per hectare in the designated greenfield area and is measured across the Region of Durham. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject lands "Living Areas" and "Major Open Space Areas" in the Regional Official Plan. Lands located within the "Living Areas" designation are predominantly to be used for housing purposes. Lands designated "Major Open Space Areas" within urban areas are predominantly to be used for conservation purposes. Key Natural Heritage and Hydrologic Features on and adjacent to the site require the completion of an Environmental Impact Study for development in proximity to features. King Avenue West (Regional Highway 2) is designated an arterial road and a Regional transit spine. 33 Municipality of Clarington Report PSD -076-17 5.2 Clarington Official Plan Page 7 The Clarington Official Plan designates the subject lands as Urban Residential and Environmental Protection, with the indication of a Secondary School site. The Environmental Protection Area designation reflects the location of the Natural Heritage System. In this location, the system is the Wilmot Creek and its valleylands along the west side of the development area, and an eastern tributary of Wilmot Creek. An Environmental Impact Study was prepared giving consideration to the Natural Heritage System. New development in established neighbourhoods is to be designed to respect and reinforce the physical character having regard to the pattern of lots, streets and blocks, the size and configuration of lots, building types of nearby properties, the height and scale of buildings and the setback of buildings from the street, rear and side yards. New residential development is encouraged to create accessible, walkable neighbourhoods that prioritize pedestrians over cars and provide for a variety of uses. King Avenue West is designated a Type A Arterial Road and a Regional Transit Spine and further identified as a Local Corridor which is a Priority Intensification Area. The policies encourage transit -supportive, mixed use and compact urban form in Priority Intensification Areas. The recently amended policies of the official plan require the preparation of a Secondary Plan for new developing residential areas. Approved Neighbourhood Design Plans will continue to provide guidance for the development of neighbourhoods unless superseded by a Secondary Plan. In this case the revisions required to the existing Neighbourhood Design Plan triggers the preparation of a Secondary Plan for the neighbourhood. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the proposed draft plan of subdivision lands: "Holding — Urban Residential Exception ((H)R1-67)", "Agricultural Exception (A-1)", and "Environmental Protection (EP)". The Zoning By-law Amendment Application proposes to rezone said lands to zones required to implement the proposed plan of subdivision. 7. Public Notice and Submissions 7.1 A Notice of Complete Applications was given by mail to the lead consultant on September 21, 2017. 7.2 A Notice of Public Meeting was given by mail to each landowner within 120 metres of the neighbourhood design plan boundary, a public meeting notice sign was installed within the same plan boundary in approximately the centre of both the King Avenue West and Rudell Road frontages by September 21, 2017, and public meeting notice was published in both Clarington This Week and the Orono Weekly Times on September 27, 2017. 34 Municipality of Clarington Report PSD -076-17 Page 8 7.3 A Public Information Centre was held, in coordination with planning staff, on September 28, 2017 at the Clarington Public Library, Newcastle Branch. Three Clarington Councillors, four developer representatives, four consultants to developers and approximately 10 residents attended. 7.4 Planning staff met with a nearby resident on the morning of the Public Information Centre. The resident asked about fencing around the condominium townhouses, and transposing the condominium townhouse area with the southwestern storm water management pond. The resident also asked if the condominium townhouses were part of Phase 1. 7.5 Other comments from the Public Information Centre were: x -fifific congestion will increase; x Te high school land swap didn't make sense; x dhstruction traffic using Rudell Road; x IVIntenance of the heritage dwelling at 302 Given Road; and x trail/walkway should be built on the to -be -closed Given Road allowance north of the southeastern storm water management pond. 8. Agency Comments 8.1 The Ontario Ministry of Natural Resources and Forestry commented that they will review the proposal in light of the endangered Butternut Tree species, under the Ontario Endangered Species Act. 8.2 Comments remain outstanding from the majority of the circulated agencies including Regional Planning and Regional Works, CP Rail, Ministry of Transportation, the school boards as well as the conservation authority. 9. Departmental Comments 9.1 Engineering Services noted: x ITe Municipality prefers the school block be included in the storm servicing submission for this development. If not feasible, confirmation is required from the school board that the servicing requirements for the future school block are understood and accepted. x A 7 etre garage setback is required for all 18m right-of-ways on the non -sidewalk side, as per Standard C-202. x A block in the southwest corner of Street B will be required to provide access to the Wilmot Creek Valleylands and eventually to the GO Transit parking lot. x The Landscape Plan as provided does not meet the Municipality's requirements for the Street Tree Planting Plan. x Additional comments will be provided based on responses and revisions submitted. 35 Municipality of Clarington Report PSD -076-17 Page 9 10. Discussion 10.1 In response to the issues raised by the nearby resident, a typical condition of approval includes a requirement for the installation of a 1.8 metre wood privacy fencing around the perimeter of the condominium townhouses. This will be addressed in a future recommendation report. Switching the location of the pond and townhouses is not possible as there is a watershed divide between Wilmot Creek and a tributary leading to this creek that the conservation authority did not want modified. The applicant's agent suggested it is unlikely the condominium townhouses would be part of Phase 1. 10.2 A traffic impact study was submitted with the applications. It noted that traffic problems should not be created or unduly increased if traffic signals and auxiliary turning lanes were installed at the north -south collector road/King Avenue West intersection. For the Highway 35/115 and Regional Hwy. 2 interchange monitoring for a future need for traffic signaling is recommended. 10.3 The public school board acquired lands in the north end of the neighbourhood and plans to build a secondary school there as opposed to abutting King Avenue West. The grades of the land are less severe and therefore it is easier and more practical to construct a building with a large foot print as well as required sports facilities in this location. 10.4 Construction traffic and phasing requirements will be reviewed as conditions of approval. It is always the municipality's intent to keep construction traffic out of residential streets, including Rudell Road, to the extent possible. 10.5 Planning staff note the Clarington Property Standards By-law provisions address designated Heritage residences like Belmont House. The applicant has worked with staff and the Clarington Heritage Committee to preserve the dwelling. The developer may need to demonstrate Belmont House will not suffer vibration damage once servicing begins in the area. Appropriate requirements to protect the designated property will be addressed through conditions of approval. 10.6 A trail/walkway is identified in the official plan along the Wilmot Creek, the boundary of the neighbourhood abutting Highway 35/115 and the CP Rail line connecting to the Foster Creek. The Given Road road allowance is to be closed and conveyed through the proposed draft plan of subdivision. Connections from the existing stormwater management pond, north of King Ave and west of Rudell Rd to the Wilmot Creek valley will be possible through future sidewalks in the proposed roads. 11. Conclusion The purpose of this report is to provide background information on the applications submitted by 2103386 Ontario Inc. (Halminen) and Louisville Homes Ltd. for the Public Meeting under the Planning Act. Staff will continue processing the applications including the preparation of a subsequent report upon resolution of the identified issues. 36 Municipality of Clarington Report PSD -076-17 12. Strategic Plan Application Not Applicable. Page 10 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B. Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell(a)-clarington.net The following is a list of the interested parties to be notified of Council's decision: Michael J. Fry Bob Malone Willy Wicha John Oates BR/CS/av;tg/ah 37 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: October 23, 2017 Report Number: PSD -078-17 Resolution Number: File Numbers: ZBA2017-0028 & S -C-2017-0007 By-law Number: Report Subject: An Application by Brookfield Residential (Ontario) Limited for Draft Plan of Subdivision and Rezoning to permit the development of 23 single detached homes in Newcastle Recommendations: 1. That Report PSD -078-17 be received; 2. That the proposed application for Rezoning ZBA 2017-0028 and proposed Draft Plan of Subdivision S -C 2017-0007 continue to be processed including the preparation of a subsequent report; and 3. That all interested parties listed in Report PSD -078-17 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -078-17 1 Report Overview Page 2 The Municipality is seeking the public's comments on applications for a proposed draft plan of subdivision and rezoning, submitted by Brookfield Residential (Ontario) Limited to permit 23 single detached dwellings. 1 Application Details 1.1 Owner: Brookfield Residential (Ontario) Limited 1.2 Agent: Bryce Jordan, GHD 1.3 Proposal: Proposed Draft Plan of Subdivision To create a draft plan of subdivision consisting of 23 lots for single detached dwellings. Rezoning To rezone the lands from the existing "Agricultural Exception (A-1) Zone" to appropriate zones that permit the proposed residential development. 1.4 Area: 4.14 hectares 1.5 Location: 879 Regional Road 17, Newcastle Part Lot 28, Concession 2, former Township of Clarke (see Figure 1) 1.6 Roll Number: 181703003004101 1.7 Within Built Boundary: No 39 Municipality of Clarington Report PSD -078-17 Page 3 2 Background 2.1 The subject applications were received on August 24, 2017 and deemed complete. 1e� N I i.. i Other Lands ownedT 4i By Applicant y Subject Site x ;Z � a •z ❑raft'Approved 5ubdivisions D 2EZZ� all v J Q' LLJ �Efft' r; ZBA 2017-0028 SC 2017.0007 Figure 1 — Key Map 2.2 The entire 4.18 hectare parcel, outlined in red in Figure 1 was recently purchased by Brookfield Residential (Ontario) Limited. Only the southerly 1.28 hectares is subject to the applications. The balance of the lands are identified as Other Lands Owned by Applicant and are outside the approved North Newcastle Neighbourhood Design Plan. See Figure 2. The lands located generally north of a future east -west collection road were omitted from the Neighbourhood Design Plan because an Environmental Assessment is required for the realignment of Regional Road 17 and for the relocation of a new water reservoir on Arthur Street. Municipality of Clarington Report PSD -078-17 Subject Site -- I i ----r---� r-- I r r I I r r i f1+� F Page 4 I I I I y I I I 1 - PVIVRF MpM wTO EAalrcr ro ee FUTURE I I I , I —1--- ----- ---------- a l r " ------ - r T Figure 2 - Approved Neighbourhood Design Plan alp r + J zj + rr � I r I r � r ! I r ! ' , . e I a Other Lands Owned By Applicant Subject Site -- I i ----r---� r-- I r r I I r r i f1+� F Page 4 I I I I y I I I 1 - PVIVRF MpM wTO EAalrcr ro ee FUTURE I I I , I —1--- ----- ---------- a l r " ------ - r T Figure 2 - Approved Neighbourhood Design Plan alp Municipality of Clarington Report PSD -078-17 Page 5 2.3 The lands north of the approved draft plans identified as Future Development on Figure 2, including the Other Land Owned by Applicant will require a Secondary Plan before development can proceed. 2.4 Two abutting draft plans to the south, Smooth Run Developments (S -C 2005-0004) and Brookfield Homes (S -C 2005-0003) were approved by the Ontario Municipal Board in 2012. The lands subject to the current applications were not owned by Brookfield at the time and are not subject to a draft plan application. 2.5 The applicant has submitted the following studies in support of the applications: x Noise Report x Functional Servicing and Stormwater Management Report x Energy Conservation and Sustainability Plan x Archaeological Assessment x Phase 1 Environmental Site Assessment x Parking Plan These reports will be detailed in a subsequent recommendation report. 3 Land Characteristics and Surrounding Uses 3.1 The entire 4.18 hectare parcel supports a single detached dwelling, accessory buildings and the remainder is being cultivated. The lands rise to the north east from Regional Road 17. 3.2 The surrounding uses are as follows: North - Cultivated lands, single detached dwellings and accessory buildings. South - Cultivated lands, Draft Approved Plan of Subdivision by Brookfield Homes. East - Cultivated lands, Draft Approved Plan of Subdivision by Smooth Run Developments. West - Existing rural residential development. 42 Municipality of Clarington Report PSD -078-17 Figure 3: Photo of Subject Lands 4 Provincial Policy 4.1 Provincial Policy Statement Page 6 The Provincial Policy Statement encourages planning authorities to create healthy, livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. New development shall occur adjacent to built-up areas, shall have compact form and a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. 4.2 Provincial Growth Plan The Provincial Growth Plan encourages Municipalities to manage growth by directing population growth to settlement areas, such as the Newcastle Urban Area. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. 43 Municipality of Clarington Report PSD -078-17 Page 7 4.3 The development allows for the efficient use of land, infrastructure and public services and is consistent with the Provincial Policy Statement and the Growth Plan. The Growth Plan requires municipalities to achieve a minimum density target that is not less than 60 residents and jobs combined per hectare in the designated greenfield area and is measured across the Region of Durham. The proposed development is part of a neighbourhood where various housing types will be accommodated as development proceeds. Municipal water and sanitary sewers and transit will be made available to the site in the future. 5 Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the lands as Living Areas. Lands designated as Living Area permit the development of communities incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The proposed development conforms with the Living Area designation. 5.2 Clarington Official Plan The lands are designated Urban Residential. Urban Residential designation is predominately intended for housing purposes. Other uses may be permitted which by the nature of their activity, scale, design and location are supportive of and compatible with residential uses. An approved Neighbourhood Design Plan will continue to provide guidance for the development of neighbourhoods unless superseded by a Secondary Plan. Only the north portion of the North Newcastle Neighbourhood requires a Secondary Plan prior to considering any applications for development. The policies require new residential development and emerging neighbourhoods to be designed to provide for a variety of housing types and supportive land uses, including commercial and community facilities and encourage accessible, walkable neighbourhoods that prioritize pedestrians over cars and provide for a variety of uses. 5.3 Neighbourhood Design Plan The Neighbourhood Design Plan (NDP) identifies 12 lots for single detached units on the south side of the collector road and 4 lots on the north side of the road. The area at the north-west corner of the collector Road and Regional Road 17 is outside the limits of the NDP, which allows for flexibility in future realignment of Regional Road 17 and future land uses at the corner. However, the proposed draft plan shows an additional eight lots, for a total of 12 lots on the north side of the collector road. Municipality of Clarington Report PSD -078-17 6 Zoning By-law Page 8 Zoning By-law 84-63 zones the subject lands Agricultural Exception (A-1) Zone. A zoning by-law amendment is required to permit the single detached units. 7 Public Notice and Submissions Public Meeting notice was mailed to area residents, the public notice sign was displayed on the subject property and details of the application were included in the Planning Services Department E -update. At the time of writing the report, one individual has requested to be added to the Interested Parties List. 8 Agency Comments 8.1 At the time of writing this report, comments have not been received from many of the circulated agencies. 8.2 The Ganarska Region Conservation Authority states that the proposed subdivision is dependent on development of the two draft approved plans of subdivision by Smooth Run and Brookfield, for both stormwater management and site grading. 8.3 Enbridge Gas and Rogers have no objections to the applications. 9 Departmental Comments 9.1 Engineering Services The Engineering Services Department do not have significant concerns with the proposed draft plan. The development is dependent on the two existing draft approved plans proceeding. The on street parking plan should be revised to include the surrounding approved development and consideration given to the road grades and lot widths for driveway pairing without requiring retaining walls. 9.2 Emergency and Fire Services The Emergency and Fire Services offer no objections. 9.3 Operations Department The Operations Department offer no objections. Municipality of Clarington Report PSD -078-17 Page 9 10 Discussion 10.1 The applications are consistent with the approved North Newcastle Neighbourhood Design with the exception of the additional eight lots on north side of the collector road abutting North Street. The proposed lots will front onto approved road patterns in the abutting draft approved lands. The part blocks will meld with adjoining blocks in the abutting draft approved plans to form lots. The road will facilitate the completion of the east -west collector road between Regional Road 17 and Arthur Street. 10.2 As noted above, the Official Plan outlines the objective of creating walkable neighbourhoods which requires the inclusion of a variety of needs to serve neighbourhood residents. Future land uses on the north side of the east -west collector road could provide for convenience commercial uses for this neighbourhood. 10.3 Development of this draft plan cannot proceed in isolation of the abutting draft approved plans. Its development is dependent on the servicing, stormwater management, grading and road patterns on the adjacent lands. 10.4 The lands to the north, which currently supports the existing single detached dwelling and accessory buildings are outside the Neighbourhood Design Plan, and will be subject to a Secondary Plan in keeping with the Clarington Official Plan. The existing single detached dwelling and out buildings are identified on the Municipal Register as having heritage merit. A Heritage Impact Assessment will be required when further development applications on received on other lands owned by the Applicant. 10.5 The purpose of the Public Meeting is to provide an opportunity for further public input. These public comments will be compiled, discussed with the applicant and addressed in a subsequent staff report. 11 Concurrence Not applicable. 12 Conclusion The purpose of this report is to provide background information on the proposal submitted by Brookfield Residential (Ontario) Limited for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report upon resolution of the identified issues. 13 Strategic Plan Application Not applicable. W Municipality of Clarington Report PSD -078-17 Submitted by: Reviewed by: Page 10 David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm LL.B Director of Planning Services CAO Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or cstrike(o)-clarington.net The following is a list of the interested parties to be notified of Council's decision: John Oates Bryce Jordan, GHD Aidan Dekkenia, Brookfield Homes CS/CP/DCJ/tg/jp/ah 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: October 23, 2017 Report Number: File Number: Report Subject: PSD -079-17 PLN 34.5.4.54 Resolution: By-law Number: Recommendation to add 282 Liberty Street, Bowmanville to the Municioal Reaister Recommendations: 1. That Report PSD -079-17 be received; 2. That 282 Liberty Street North be added to the Municipal Register with the description provided in Attachment 1 to Report PSD -079-17; and 3. That all interested parties listed in Report PSD -079-17 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -079-17 Report Overview Page 2 At the June 12, 2017 Council meeting, the addition of 282 Liberty Street North to the Municipal Register was recommended. Council referred the matter back to staff and the Clarington Heritage Committee to meet with the property owner and report back. On September 12, 2017 the Clarington Heritage Committee and staff met with the property owner on site to discuss the addition of the property to the Register. After meeting with the property owner, the Clarington Heritage Committee and staff are recommending that Council add 282 Liberty Street North to the Municipal Register. 1. Background At the May 15, 2017 Planning and Development Committee meeting, staff and the Clarington Heritage Committee recommended adding three properties to the Municipal Register, Report PSD -034-17. Written correspondence was received from the son of the property owner at 282 Liberty Street North in objection (Attachment 2). The letter was referred to staff to address the concerns. At the June 12, 2017 Planning and Development Committee meeting, staff provided an addendum report PSD -034-17 to Council addressing the concerns raised in the objection and recommending the addition of 282 Liberty Street North to the Municipal Register. The property owners appeared before Council. Council referred the matter of adding 282 Liberty Street North to the Municipal Register back to staff with the request that representatives of the Clarington Heritage Committee meet with the property owner. 2. Meeting with Property Owners On September 12, 2017 members of the Heritage Committee and staff met with the property owners at 282 Liberty Street North for a site visit. The property owners provided a tour of the property and provided their insight on the heritage value of the property. The property owners indicated that they were not opposed to the property being added to the Municipal Register. However, the property owners had some concern that non heritage value elements or buildings on the property would be included. The concern was that some outbuildings with no heritage value may not be issued demolition permits if the property was added to the Municipal Register. There was also concern that future development could be hindered if the description of the heritage elements was not clearly stated. The owners requested specifically that the east and south elevations of the dwelling be mentioned as the main areas of the dwelling having heritage value or interest. This could allow for future additions or alterations to the building in the future. Municipality of Clarington Report PSD -079-17 Page 3 3. Discussion The Committee and staff try not to place undue hardship on property owners when adding properties to the Municipal Register and thus try to identify the heritage value as clearly as possible. However, the description needs to provide adequate protection for the heritage value of the building should a demolition permit be applied for. In the case of 282 Liberty Street North the house and one out building can be clearly identified in the Municipal Register description of the property (Attachment 1). Staff would caution against specifically mentioning only the east and south elevations of the dwelling within the Municipal Register description. The Clarington Heritage Committee also shared concern in that approach. The existing dwelling does have an addition, constructed by the current owners, that does not add heritage value to the dwelling. However, that addition does form part of the existing building and any significant alteration to the building, even the removal of the addition, would need to be reviewed to ensure the integrity of the remaining portions which have heritage value are not negatively impacted. These forms of alteration could be classified as a demolition and should be thoroughly reviewed under the 60 days provided for in the Ontario Heritage Act for buildings on the Municipal Register and approved by Council. Staff provided a copy, via e-mail, of the proposed Municipal Register description to the property owners on October 3, 2017, in advance of the Council meeting to receive their feedback. As of writing this report staff have not received any comments from the property owner. 4. Concurrence Not Applicable. 5. Conclusion Staff and the Clarington Heritage Committee are respectfully recommending that 282 Liberty Street North be added to the Municipal Register with the description provided in Attachment 1 of this report. 6. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. 50 Municipality of Clarington Report PSD -079-17 Page 4 Submitted by: David Crome, Director of Planning Services Reviewed by: Andrew C. Allison, B.Comm LL.B Chief Administrative Officer Staff Contact: Brandon Weiler, Planner, (905) 623-3379 ext. 2424 or Bweiler@clarington.net Attachments: Attachment 1 - Description of 282 Liberty Street Attachment 2 — Letter dated May 23, 2017 from Peter AP Zakarow (son of the Owner). List of interested parties to be notified of Council's decision is on file in the Planning Services Department. I:\ADepartment\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 34 Heritage (All Files)\PLN 34.5.4.54 282 Liberty St. N\Staff Reports\PSD-079-17 Staff Report.Docx 51 Municipality of Clarington 282 Liberty Street North (Norwood) Attachment 1 to Report PSD -079-17 At-- u1j" The dwelling at 282 Liberty Street North, known as Norwood Place, was constructed between 1897 and 1903 by John (father) and Fred (son) Foster. The house is constructed predominantly in the Queen Anne style using artificial stone. Of specific note are the east and south elevations of the dwelling. The round tower, prominent gable, dormer, steeply pitched roof and large verandah framed with decorative columns are prominent features of the Queen Anne style. The addition of an artificial stone balustrade and a portico are uncommon elements and unique features to this property. There was an addition to the west side of the house that was completed in the 1970's. Artificial stone is a unique building material, especially in the Queen Anne style in Clarington, as it was only popular for a very short time around the turn of the century. In addition to the dwelling, there is an octagonal out building that dates back to the 1800's. The building has been repaired over time but contains a brick oven that is believed to have been used by fur traders. 52 Municipality of Clarington Attachment 2 to Report PSD -079-17 May 23, 2017 Statement for Clarington Council on Decision to Include 282 Liberty St North, Bowmanville, on the local Heritage Register Dear Members of Council, Thank you for the opportunity to provide some perspective on your agenda item this evening to add our 282 Liberty St North, Bowmanville, property to your Clarington Heritage Register. While this property is owned by our family, I am also providing a statement to you today as the former Chair of the Conservation Review Board and Associate Chair of Environment and Land Tribunals Ontario (ELTO). Over eleven years I oversaw the adjudicative -bodies that were the final decision bodies for disputes concerning heritage designation (Conservation Review Board), development and land -use planning issues (Ontario Municipal Board), property assessment (Assessment Review Board), environmental issues (Environmental Review Tribunal), and provincial land appropriation issues (Board of Negotiation) of properties across all of Ontario. Over this time I became one of the leaders in Ontario dealing with issues surrounding the balance between protecting our built heritage with the socio-economic realities of owning a property with potential heritage value. While we are supportive of efforts to protect our built heritage in Clarington, we are not supportive of flawed process, a lack of transparency and a failure to communicate with property owners. In this way, the Zakarow family is NOT supportive of our property at 282 Liberty St North being included on the Register at this time. Many at the municipal level feel that adding a property to the local Register is "no big deal" as it is not the same as actually protecting a property under municipal by-law given the powers of the Ontario Heritage Act. The local Register is meant to identify properties with "potential significant heritage value" so a municipality can then move forward with possible designation at some point in the future. However, years ago I helped lead reform at the Provincial level to add protection for Register properties from specific situations like demolition, where by adding a property to the Register creates an immediate 60 day delay period for a municipality to then decide whether they want to proceed with designation or not. Of course, this policy change was predicated on local municipalities adopting a new cultural significance evaluation criteria protocol we adopted from leading municipalities like Markham and made a best practice for all municipalities to use. Part of this program was also better educating local heritage committees on heritage issues (how to apply the criteria) and most importantly for this process.to be fully transparent and collaborative with the property owner. In fact, the new rules effectively provide full protection of a Register property as if it was designated by by-law under the Ontario Heritage Act for at least 60 days, so this is a significant socio-economic burden for property owners who in fact do NOT possess properties of significant heritage value or interest. While I am generally happy with how the new criteria process has been adopted by many municipalities across Ontario, unfortunately we have not had a good experience with our own 53 home property here in Bowmanville. Not only were we never informed that our property was under assessment by the local heritage committee, but we were never asked to participate and be part of the process (that is a major part of our provincial policy direction). In fact, we only learned of this process after getting a letter from the municipality a few weeks ago noting that our property would be included on the Register. I personally contacted the planning department and sought to delay having our property go forward so quickly as I wanted to see the implementation of the heritage criteria (their scoring) and any staff heritage assessment report used to justify putting such handcuffs on our home. I was told that we would be provided the report on a Friday afternoon and could speak to the P&D committee the next Monday (one business day later), but also that none of the heritage committee members would be present given vacation etc. I asked to push this item to the next P&D meeting but this was denied. Given our personal interest in heritage, we had commissioned a heritage report years ago and were disappointed that many of the "stories" we had heard over the years around the historical and architectural significance of our home turned out to be wrong. I was equally disappointed when provided the municipal report on our property which did not include the evaluation criteria scoring (something that is part of the transparent approach of our Provincial policy), and also effectively no justification or fact -based case for putting immediate controls on our property under the Register. instead, there is a short paragraph that mis-states the architectural style of our home, erroneously makes reference to a former "garage" (there were no "garages" in the 1800s) as an out -building, and references to original occupants (the Foster family) who played no role in the building of Bowmanville or its community fabric. Also, there is no mention of what are the significant "elements" of the property, which in fact are protected by by-law in the case of formal designation and in the case of 60 days after a demolition permit is requested (even for an out -building not contemplated by the heritage committee) while the property is listed on the Register. My parents are in their mid 80s and are looking to sell their home as my mother can no longer navigate the stairs to get to their bedroom. Given their age and living on limited retirement funds, their home has fallen into a "tired" state and requires much repair, as a recent home inspection noted. Placing their home on the Register without transparency behind the evaluation criteria used, the heritage elements that are deemed to be "significant",and a dialogue with the property owners severely affects their ability to sell their property, given the lack of knowledge in the community about heritage issues. For example, my parents have a large piece of land associated with property, and numerous outbuildings, in various states of repair. There is an octagonal shaped building that used to possess immense heritage value, in that it was an original smoke -house from the mid 1800s for fur traders. However, overthe years this building has been completely replaced given rotting wood and unsafe structural conditions. There is an uninsulated garage that was built in the 1960s and other structures from the 1980s surrounding a pond. By listing their property on the Register, it both adds a stigma to potential home owners who are required to renovate their crumbling home (given misinformation about requirements for renovating heritage 54 properties) and also punishes my parents by encumbering any work required on the property (say to these outbuildings) that needs a permit. While these are usually acceptable aspects of protecting built -heritage, I would argue that they are not in this case given the lack of information, transparency or perspective regarding this property. One of the most misunderstood aspects of the Ontario Heritage Act is how it potentially affects renovations or demolition of structures with elements that demonstrate "significant cultural heritage value or interest". It is unfair and completely at odds with the spirit of the Ontario Heritage Act to propose inclusion of a property on the local Register without clearly identifying the significant elements (is it a particular fagade, window styles, massing, etc??). How do we as property owners seeking to sell clearly communicate these issues to potential buyers? One of the biggest problems we have in Ontario, that we have tried to address with policy changes around transparency and working with property owners, is the issue of demolition by neglect. Without being transparent and pragmatic in protecting our built cultural heritage, while reflecting the realities of property owners, we end up destroying our cultural heritage. We used to see this a lot when heritage committees were overly restrictive on renovations or demolishing other structures on an affected property, where nothing would be done and the significant structure would become dilapidated and ultimately either fall down or require demolition for safety reasons. Our main house looks nice from the outside, but without a clear direction on identifying heritage elements to be protected, and a collaborative discussion with the property owner, the municipality of Clarington fails the spirit of implementing our Ontario Heritage Act. For these reasons we are very much against the current move to list our property on the local Register of heritage properties. If we take our time and work collaboratively and transparently on this issue we can actually fulfill the mandate of the Ontario Heritage Act together. Peter AP Zakarow 55 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: October 23, 2017 Report Number: PSD -080-17 Resolution Number: File Number: PLN 34.5.2.64 By-law Number: Report Subject: Designation of 2020 Lambs Road, former Ontario Boys Training School and WWII Prison of War Cama 30 Recommendations: 1. That Report PSD -080-17 be received; 2. That Council state its intention to designate the property including six buildings at 2020 Lambs Road under Part IV of the Ontario Heritage Act, in accordance with the statement of significance (Attachment 1); 3. That the Clerk prepare the required Notice of Intention to Designate pursuant to the provisions of the Ontario Heritage Act; 4. That depending on the response to the Notice of Intention to Designate, the Clerk either prepare the necessary by-law or report back to Council on objections received and refer the designation to the Conservation Review Board; and 5. That all interested parties listed in Report PSD -080-17 and any delegations be advised of Council's decision. 56 Municipality of Clarington Report PSD -080-17 Report Overview Page 2 The property at 2020 Lambs Road has significant cultural and historic value to the residents of Clarington, the Province of Ontario and the Country of Canada. It was the first Boys Training School in the Province of Ontario when it officially opened in August of 1925. During World War II the Department of National Defence appropriated the property and used it as one of Canada's prisoner of war camps, Camp 30. In addition to the uses of the property the architectural styling of the buildings, demonstrate Prairie Style features which are rare and unique in Ontario and Canada. The Clarington Heritage Committee and staff are recommending Council initiate the designation of the property, specifically six prominent buildings laid out in a campus style on 7.83 hectares (19.34 acres), under Part IV of the Ontario Heritage Act. 1. Background 1.1. History of 2020 Lambs Road The 42.5 ha (105 acre) parcel farm at 2020 Lamb's Road was formerly part of the Darch Farm prior to its donation to the Ontario government in the early 1920s by J. H. H. Jury for the purpose of establishing a boys training school. The Boys Training School officially opened in August of 1925. Various buildings were constructed over the next several years, by the Government of Ontario. Archival records indicate that the cafeteria and first dormitory were built in 1925, a gymnasium and swimming pool building was built in 1927, a large triple dorm in 1928 and a hospital in 1937. In 1939 the facility was renamed to the Ontario Training School for Boys. During World War II the property was appropriated by the Department of National Defence and used as a German Prisoner of War camp, known as Camp 30. New temporary dormitories were added and the site housed up to 800 detainees, many of which were German officers. There was an uprising at Camp 30 following the Dieppe raid in 1942 when an order was issued to shackle German POWs housed in camps across Canada. Historically recorded as the "Battle of Bowmanville", the uprising lasted for three days until it ended with the assistance of the Royal Canadian Ordinance Corps from Kingston. This uprising is the only known battle of its kind on Canadian soil and has national and international significance. Occupation of the Training School as Camp 30 ended in April of 1945. Use as a Training School resumed, name changes occurred and other changes related to the philosophy of dealing with young offenders eventually saw the elimination of Training Schools in Ontario. In 1979, the Pine Ridge School, as it was called at the time, closed. The Province offered the property to the Municipality at fair market value in 1983. The Council of the day declined, citing acquisition cost, cost of maintenance, building renovation costs, other operational matters and the distance of the facility from the residential area of Bowmanville. Council offered the Province a nominal amount for the buildings and property which was declined by the Province. 57 Municipality of Clarington Report PSD -080-17 Page 3 Between 1983 and 2008 the property was used primarily as different schools, by different owners, and included a time from 1987-1998 when a portion of the property was leased for St. Stephen's Catholic Secondary School. While the property was operated as a school 1983-2008, the sports fields were leased by the Municipality and used by many of the recreational leagues in Clarington. In 2007 the property was purchased by Lambs Road School Property Ltd. (Kaitlin). Darul Uloom, an Islamic University had owned the lands since 2004 and continued to operate until they relocated in October of 2008. The private sewage treatment system for the site failed and orders from the Ministry of the Environment meant either costly repairs or replacement of the private system or connection to the municipal sewage system. The site has been vacant since 2008. In 2009 the buildings were added to the Municipal Register by Report PSD -099-99. The buildings have sustained significant vandalism and some fires since that time. A conditions survey and mothballing plan by Goldsmith Borgal & Company Ltd. Architects and a structural assessment by Ojdrovic Engineering Inc. indicated that the buildings are still in surprisingly good condition considering their exposure to environmental conditions and vandalism. 1.2. Architectural Significance The buildings and campus of the Boys Training School at 2020 Lambs Road were designed as a provincial showpiece. The buildings form a collection of styles indicative of their construction dates between approximately 1925 and 1940. The buildings were and still are impressive and noteworthy. Buildings such as the cafeteria, and dormitories (The Jury House and The Kiwanis House) represent the unusual Prairie style of architecture. This style is underrepresented in Ontario and Canada, with few examples ever built, let alone retained. Characteristics of the style include a strong horizontal character, heightened by long, gently pitched rooflines and other linear elements complementing the flatness and openness of the prairies. The style matured under the leadership of Frank Lloyd Wright and his associates emanating from his Oak Park, Illinois studio. Decoration consisted of geometric with strong horizontals, rectangles, squares and occasional vertical elements. These characteristics are well represented in the buildings at 2020 Lambs Road, as a collection they hold architectural and contextual significance. Of note in these buildings is the central clerestory levels which heightened the central space of the interiors and provided natural lighting while maintaining a strong horizontal character. The hospital (infirmary) and the triple dorm building are more traditional in style with peaked roofs and sash windows, but with brick and stucco facades they make reference to the Arts and Crafts style as well as loose references to the Prairie style PP Municipality of Clarington Report PSD -080-17 Page 4 The architects responsible for the buildings where the Government of Ontario, Provincial Architect's Department. Many noteworthy architects interned and practiced with the government, some for their entire careers. There are good records for Government of Ontario buildings and the original drawings exist for many of the buildings of the Bowmanville Boys Training School. From these records the architects that had the most influence over the buildings and style are F.R. Heakes, George White and James Goran. Francis Riley Heakes (1858-1930) was appointed Chief Architect of the Provincial Architect's Department in 1896 and held the post until his death in 1930. The Ontario Archives hold drawings for virtually all provincial buildings executed under his supervision from 1896 until 1926. For the Boys Training School he is responsible for two Dormitories (3, 15) and Dining Hall (cafeteria) (5), 1925; Medical Superintendents Residence, Fire Hall, 1926; Boiler House & Heating Plant, 1928; Gymnasiusm & Swimming Pool (13), 1929. George N. White (1874-1964) served as Chief Architect for the Province of Ontario from 1934 until 1942 and was directly responsible for the design and construction of buildings erected for provincial use during this period. Born in Dundee, Scotland in 1874 he was educated at the Glasgow School of Art and at Heriot Watt College in Edinburgh. In 1911 he emigrated to Canada and obtained a position with Darling & Pearson, the largest architectural office in Toronto, and remained with them until May 1913. At that time he joined the staff of the Provincial Architect's Dept., working directly under the supervision of F.R. Heakes, who trained him as his chief assistant over the next fifteen years. When Heakes retired in late 1926 White was appointed Acting Provincial Architect, a post he held until 1934 when he assumed the post of Provincial Architect. His works in Bowmanville at the Boys Training School included the Hospital (Infirmary Building) and oversight of other buildings built while he was Chief Architect. 2. Protecting Cultural Heritage Resources In achieving its cultural heritage objectives, the tools that the Municipality has at its disposal are the Provincial Policy Statement, the Ontario Heritage Act plus the goals and objectives of the Official Plan. 2.1. The Provincial Policy Statement Section 2.6.1 of the Provincial Policy Statement states that significant built heritage resources shall be conserved. In the PPS 2014, "significant" is defined as a resource that has been determined to have cultural heritage value or interest for the important contribution it makes to our understanding of the history of a place, an event, or a people. "Conserved" is defined as the identification, protection, use and/or management of built heritage resources in a manner that ensures their cultural heritage value or interest is retained under the Ontario Heritage Act. 59 Municipality of Clarington Report PSD -080-17 2.2. Ontario Heritage Act Page 5 The Ontario Heritage Act allows municipalities to designate properties of cultural heritage value and interest under Part IV. The Ontario Heritage Act outlines the process for designation of individual properties under Part IV, Section 29 (Attachment 2). The Ontario Heritage Act requires that Council consult with the Clarington Heritage Committee prior to initiating the designation process. The Clarington Heritage Committee met on April 6, 2016 and passed a resolution recommending Council proceed with the designation of 2020 Lambs Road under Part IV of the Ontario Heritage Act. The Municipality had in 2009, with consultation of the Clarington Heritage Committee listed the six significant buildings on the Municipal Register. The Municipal Register is a tool under the Ontario Heritage Act that allows the municipality 60 days to consider a demolition permit should one be received. 2.3. Clarington Official Plan Section 8 of the Clarington Official Plan encourages the conservation, protection and maintenance of cultural heritage structures and fully supports the heritage designation of properties. The property at 2020 Lambs was designated Special Policy Area F in the Official Plan with specific reference to its national significance and recommended that the buildings would be designated under Part IV of the Ontario Heritage Act. 2.4. National Designation In April 2013, it was announced that the Historic Sites and Monuments Board of Canada had designated a 19.34 acre portion of the site containing the buildings as a National Historic Site. It was designated a National Historic Site recognizing its time as the Bowmanville Boys Training School and Camp 30 (a WWII Prisoner of War Camp) and architectural significance. 3. Comments The property at 2020 Lambs Road is culturally and historically significant at a local, provincial and national level. The past uses of the site, as a Boys Training School and Prisoner of War Camp, and the Prairie style architecture of the buildings in a campus setting, are historically significant and unique. The property meets the criteria for designation under the Ontario Heritage Act as indicated by the initial site visit report prepared by the Ontario Heritage Trust in January 2009. The Historic Sites and Monuments Board of Canada has recognized the significance of the uses and the architecture by designating the property a National Historic Site. The Clarington Heritage Committee and staff are recommending Council initiate the designation of the property, specifically six prominent buildings laid out in a campus style on 7.83 hectares (19.34 acres), under Part IV of the Ontario Heritage Act. .1 Municipality of Clarington Report PSD -080-17 4. Concurrence Not applicable. 5. Conclusion Page 6 Designation under the Ontario Heritage Act is a tool available to municipalities to preserve and protect properties that have cultural heritage value and interest. The Historic Sites and Monuments Board of Canada designated a 19.34 acre portion of the site containing the buildings as a National Historic Site recognizing the significance and history of the Bowmanville Boy's training School and Camp 30 (a WWII Prisoner of War Camp) plus the architecture and campus layout of the site. The Clarington Heritage Committee and staff believe the property at 2020 Lambs Road has significant cultural heritage value and recommend designating the property under Part IV of the Ontario Heritage Act. 6. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: David J. A,-rm*-., C RPP Andrew C. Allison, B.Comm LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Brandon Weiler, Planner II, 905-623-3379 ext. 2424 or bweiler(a)-clarington.net Attachments: Attachment 1 — Statement of Significance Attachment 2 — Designation Process under Part IV of the Ontario Heritage Act Attachment 3 - Draft Designation By-law The following is a list of the interested parties to be notified of Council's decision: Ontario Heritage Trust Ministry of Culture Tourism and Sport Lambs Road School Property Ltd. Clarington Heritage Committee Jury Lands Foundation DJC/FL/jp;tg 61 Attachment 1 to Municipality of Clarington Report PSD -080-17 Former Boys Training School and Prisoner of War Camp 2020 Lambs Road, Bowmanville Statement of Significance and list of character -defining features Description of Property Located at 2020 Lambs Road in Bowmanville, Ontario, the 42.5 ha (105 acre) irregularly shaped property is bounded by Lambs Road on the east and Concession Street East on the south, with Soper Creek running through the western portion of the property. The property contains six structures in an open landscape around an internal road system that occupies 7.83 ha (19.34 acres). The buildings that survive and have been identified for designation include the 1925 Jury House (dormitory), the 1925 Dining Hall (cafeteria), the 1927 Kiwanis House (dormitory), the 1928 Triple Dormitory, the 1929 Gymnasium (natatorium) and the 1937 Hospital/Infirmary. Statement of Cultural Heritage Value or Interest The heritage value of the site resides in its collection of distinct structures laid out in a campus - like plan with ring road, grassy fields, vegetation and mature trees. It is designated because of its historical/associative, aesthetic/design and contextual values. The Bowmanville Boys Training School/Camp 30 is of historical significance because of its long association with the national reform school movements of the early twentieth century and its significant association with WWII. The former governmentally -owned and operated training school for boys opened in 1925 on farm lands, some of which were donated by John H.H. Jury, a prominent businessman in Bowmanville. While juvenile institutions have pejorative connotations today, the view in the 1920s and 1930s was much different when optimism about reform through ones environment was high. Under the provincial Training School Act the boys would receive moral, mental, physical and vocational education in modern facilities. The Bowmanville site is one of the few juvenile reform schools that were purpose-built in the interwar period that embodies in its architecture and layout a modern philosophy of juvenile social reform. A comprehensive survey of Canadian carceral institutions of 1930 concluded that the Bowmanville Boys School was the only one out of 24 institutions in Canada that fulfilled all of the requirements of a thoroughly modern children's institution. During World War II the Department of National Defence appropriated the property for use as a German Prisoner of War detention centre known as Camp 30. The school site was chosen because of its isolated yet accessible location and because the buildings on the campus would accommodate a large number of people with minimal intervention. New structures were erected and there were some changes to the site, including a perimeter fence with gates and guard towers, and the removal of trees that obscured surveillance. Nothing remains at the site 62 Attachment 1 to Municipality of Clarington Report PSD -080-17 that was purpose-built to serve internment operations but the original extant school buildings once functioned as a WWII prisoner of war detention centre. Documented attempted escapes from the POW camp include one where the prisoners dug a tunnel from the triple dormitory under Lambs Road. A riot in October 1942 resulted in the "Battle of Bowmanville," which lasted three days. Despite the relatively minor scale of this incident in the context of actual battles fought during WWII, this event has garnered public attention across the country as a rare example of fighting action on Canadian soil. Following the War, the property reverted back to the provincial government under the Department of Reform Institutions as a training school, which was eventually closed in 1979 when the Young Offenders Act was enacted. The Bowmanville Boys Training School/Camp 30 is of architectural significance because the buildings (and their layout in the site) reflect modern architectural influences of the 1920s and 1930s, most notably the influence of the Prairie Style of architecture. The modernist vocabulary of cubic volumes, open plan, purity of form and flat roofs distinguished these buildings from others being built at the time in the area and from other such institutions across the country. F.R Heakes was the Chief Architect for the provincial Department of Public Works who were responsible for many buildings throughout the province. Five of the six buildings were principally designed by James Govan. The sixth building (the later Infirmary) was designed by George White. The buildings retain much of their architectural integrity, although interiors have been widely altered over time. The site has cultural contextual significance as it is a well-known local landmark whose unique history attracts attention from outside of the municipality as well. Description of Heritage Attributes The character -defining elements relating to the site: • The spatial relationship between buildings across the open landscape reflective of the campus -plan of the original Bowmanville Training School • The visual connection between the buildings, manifest through the style, materials and ornament • The circulation pattern provided by the ring road and the paths through the landscape, which create a cohesive campus ensemble • The semi -domestic environment of the former school buildings created by the scale and massing of each of the structures The character -defining elements relating to each of the six buildings: • The steel framing with masonry construction, finished on the exterior in brick and/or stucco, with shingle roofs • With the exception of the Infirmary and Triple Dorm buildings, the long, low massing that visually connects the buildings with the landscape site by means of flat roofs with pronounced overhangs over one -storey structures 63 Attachment 1 to Municipality of Clarington Report PSD -080-17 • With the exception of the Infirmary and the Gymnasium, the clerestory windows (steel framed, hopper type) set back from the outer walls of the one -storey structures with slightly hipped roof and overhanging eaves • The variety of window openings and types being primarily double -hung, paired openings on the ground floor or single openings (with the exception of the Infirmary and the Gymnasium) • With the exception of the Infirmary building, the simple, geometric terracotta ornamentation under the eaves and the geometric patterning incorporated through the use of stucco outlining cubic forms of the structures • The overall massing of the buildings with clear, simple forms and ample fenestration for natural lighting • The ambiguity of the a primary/front facade Additional Character -defining elements for the Cafeteria The large open concept interior flooded with natural light from the windows and the clerestory The large window openings with metal windows for natural lighting The tall brick chimney Additional Character -defining elements for the Gymnasium/Natatorium Large window openings with metal windows for natural lighting The glass block windows The configuration and materials of the pool Additional Character -defining elements for the Infirmary The two-storey form under a hipped roof with one -storey addition under a flat roof The rectangular window openings (for double -hung windows) Additional Character -defining elements for the Triple Dormitory The hipped roof over the clerestory windows Municipality of Clarington i. iq Municipal Bylaw (Section 29 of the Ontario Heritage Act] Desgwuon prncouka Cwnal Convalts wrli WC Proceed Wtm77? %VwertV wL dasgnatea Attachment 2 to Report PSD -080-17 Umea of lrta = to Dea7m. 2- Send or D -P 3 P&whed n rawspai rr YES abpwons r�lvr 30 d� 4 04*a on refem+d fA MS for !=. 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Publ shed in newq34er RWqna 65 Municipality of Clarington Attachment 3 to Report PSD -080-17 The Corporation of the Municipality of Clarington By -Law No. 2017-xxx being a by-law to designate the property known for municipal purposes as 2020 Lambs Road, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 Whereas the Ontario Heritage Act, R.S.O., 1990, c.0.18 authorizes the Council of the Municipality to enact by-laws to designate properties to be of historic or architectural value or interest for the purposes of the Act; and Whereas the Council of the Corporation of the Municipality of Clarington has caused to be served upon the owner of the property known for municipal purposes at 2020 Lambs Road, Municipality of Clarington and upon the Ontario Heritage Foundation, Notice of Intention to Designate the aforesaid real property and has caused such Notice of Intention to be published in the Clarington This Week, a newspaper having general circulation in the area of the designation on ; and Whereas the reasons for the designation of the aforesaid property under the Ontario Heritage Act are contained in Schedule "A" attached to and forming part of this by-law; and Whereas the Clarington Heritage Committee has recommended that the property known for municipal purposes as 2020 Lambs Road, Municipality of Clarington be designated as a property of historic or architectural value or interest under the Ontario Heritage Act; and Whereas no notice of objection to the proposed designation was served upon the Municipal Clerk within the period prescribed by the Ontario Heritage Act; Now Therefore the Council of the Corporation of The Municipality of Clarington hereby enacts as follows: 1. The property known for municipal purposes at 2020 Lambs Road which is more particularly described in Schedule "B" which is attached to and forms part of this by- law, is hereby designated as a property which has historic or architectural value or interest under Section 29 of the Ontario Heritage Act, R.S.O. 1990, c.,0.1 The Solicitor for the Municipality of Clarington is hereby authorized to cause a copy of this by-law to be registered against the title to the property described in Schedule "B" hereto. Municipality of Clarington Attachment 3 to Report PSD -080-17 2. The Municipal Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property described in Schedule "B" hereto and on the Ontario Heritage Foundation. The Municipal Clerk also is authorized to cause notice of the passing of this by-law to be published in the Clarington This Week, a newspaper having general circulation in the area of the designation. By-law passed in open session this the day of Anne Greentree, Municipal Clerk Adrian Foster, Mayor 67 Attachment 3 to Municipality of Clarington Report PSD -080-17 Schedule 'B' to By -Law 2017-XXXX October 18, 2017 Municipality of Clarington Council 40 Temperance Street Bowmanville, ON. Li C 3A6 RE: October 23, 2017 Meeting Planning & Development Committee Agenda Item: Application to Amend Official Plan Gerald P. Mahoney (applicant) 4548 Lakeshore Rd. Newcastle, ON. Li B OH1 Dear Mayor Foster and Councillors; My wife and myself have lived at 4548 Lakeshore Rd., Newcastle for the past 20 years. Our home is situated on a 62.5 acre property and we rent much of this land to our neighbour Thornlea Holsteins Ltd. The Carson and Robinson families own and operate this large and state of the art dairy farm and wish to ensure the long term viability of their business. We have agreed to sell our land to the Carson/Robinson family and on May 14. 2014 met with Clarington and Durham Region Planning Staff in a Pre -consultation Meeting to determine the process that must be followed to allow the sale. We wish to continue to own and live in our home and a severance is required. During the past 3 years we have worked closely with Durham Region Planning staff to meet the Regional requirements. ( ROPA, Consent, etc) These steps have now been completed. The 'final' phase of this process is the agreement of Clarington Council to approve our Applications for Rezoning and to Amend the Official Plan. We are writing to request the approval of Clarington Council for our Application To Ammend The Official Plan to allow the sale to go forward. Clarington Planning staff have advised us that this matter is on the agenda of the October 23, 2017 Planning and Development meeting. We ask for your support. Yours Truly, Gerald Mahoney Clarftwn Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: October 23, 2017 Report Number: PSD -077-17 Resolution: File Number: ZBA2017-0030 By-law Number: Report Subject: An application by Newcastle Funeral Home Ltd. To amend the Zoning By-law to permit alkaline hydrolysis, a flameless form of cremation, within an existing funeral home at 386 Mill Street South, Newcastle Recommendations: Provided there are no significant concerns raised during the Public Meeting: That Report PSD -077-17 be received; 2. That the By-law attached to Report PSD -077-17 be approved; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -077-17; and Council's decision; and 4. That all interested parties listed in Report PSD -077-17 and any delegations be advised of Council's decision. Municipality of Clarington Resort PSD -077-17 Report Overview Paae 2 Newcastle Funeral Home Ltd. has submitted an application to amend the Zoning By-law. The amendment is required to allow cremation by alkaline hydrolysis as a permitted use within the existing funeral home on the property. This report recommends that Council approve cremation by alkaline hydrolysis as a permitted use within the Urban Residentia Exception (R1-30) zone. 1. Background 1.1. Owner/Applicant: 1.2. Agent: 1.3. Proposal: 1.4. Area: 1.5. Location: 1.6. Roll Numbers 1.7. Within Built Boundary 2. Background Newcastle Funeral Home Ltd. Trevor Charbonneau Amend Zoning By-law 84-63 to permit cremation by alkaline hydrolysis within an existing funeral home. 0.27 hectares (0.67 acres) 386 Mill Street South, north-west corner of Mill Street South and Robert Street East, Newcastle. M -01r INDI1KIIIIIKII17 Yes The Newcastle Funeral Home is looking to establish the ability to offer alkaline hydrolysis cremations from their existing funeral home located at 386 Mill Street South, Newcastle. Alkaline hydrolysis, also known as "bio -cremation", is a flame -less form of cremation that uses water, alkaline chemicals, heat, agitation and pressure to accelerate natural decomposition. The applicant is proposing to install and operate the equipment for alkaline hydrolysis within the existing building. 2.1 Alkaline Hydrolysis Process Alkaline hydrolysis is a method of final disposition that reduces the body to essential elements, which are mineral remains or ash. The deceased is placed into a chamber and the system fills with a solution of 95% water and 5% alkali. The solution is heated and continuously flows through the system. The length of time for the process can range depending on the temperature of the process. Similar to flame based cremation only the solids, the minerals of the bones, remain at the end of the process. The material submitted and reviewed in support of the application indicates there is no external venting Municipality of Clarington Resort PSD -077-17 Paae 3 to the atmosphere as a result of the process. As part of the process the water is cooled in the system and treated to the proper pH levels before being released into the sanitary sewer system. 2.2 Bereavement Association of Ontario Requirements The Bereavement Association of Ontario (BAO) administers the Funeral, Burial and Cremation Services Act on behalf of the Ministry of Governmental and Consumer Services. The BAO licenses alternative processes or methods of disposing of human remains, including alkaline hydrolysis facilities. The requirements for licencing under the Funeral, Burial and Cremation Services Act requires municipal approval, including published notice of municipal approval, and a statement indicating that the applicant has obtained any Environmental Compliance Approval (ECA) required by section 9 of the Environmental Protection Act or section 53 of the Ontario Water Resources Act. The ECA's addresses two separate issues. The first, is air and noise emissions and the second is wastewater emissions. Approval for the waste water disposal is required by the authority responsible for the sanitary sewer and water treatment infrastructure, in this case Durham Region Works Department. The applicant can also submit an explanation of how one or both types of ECAs are not required under the Act. 2.3 Alkaline Hydrolysis Examples Alkaline Hydrolysis is a relatively new process authorized for the final disposal of human remains. The first system was installed at the University of Florida in the mid 1990's. A number of research facilities in the United States have used these systems, including the Mayo Clinic, for people who have donated their bodies to research. The process has more recently been introduced to the commercial funeral business. The process is currently legal in 14 States in the United States and 3 Provinces in Canada (Saskatchewan, Quebec and Ontario). In Ontario, there are currently three installations in Smith Falls, Kingston and Kirkland Lake. It is also under consideration in the Township of Essa. The process has also been used for pet cremation for a number of years. Municipality of Clarington Report PSD -077-17 3. Land Characteristics and Surrounding Uses 12 1273 ` 27 2 1280283 2� ' 288 287 _.. _ 305 295 308 �t 305 ,TAMES ST W 7 H9 323 E n I n,� t 3 9- 1330 W�� � _ 345 N 347 338 O -- L) 359 2 1334 a' 5 354 W 373 135E N US 20 386 31 N LU ROBERT ST'E _ a H 4 w � -`` 00 Paae 4 4ZBA7201.7138.8 Mill St S Ne-wcas_tle % t. I Figure 1: Location of subject property 3.1 The subject lands have an existing two storey building that is currently used as a funeral home. 3.2 The surrounding uses are as follows: North - Single Detached Dwellings South - Single Detached Dwellings East - Single Detached Dwellings West - Commercial, Professional Office Municipality of Clarington Resort PSD -077-17 4. Provincial Policy 4.1 Provincial Policy Statement Paae 5 The Provincial Policy Statement requires municipalities to accommodate an appropriate range and mix of uses including institutional uses, which includes cemeteries and crematoriums. The application is consistent with the Provincial Policy Statement. 5. Official Plans 5.1 Durham Region Official Plan The Durham Region Official Plan designates the subject lands Living Area. Living Areas are to be used predominately for housing but may also include limited office uses and retail of goods and services provided they are in appropriate locations. The application is consistent with the Durham Region Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the property Urban Residential. The predominant use of lands in the Urban Residential designation is intended for housing. Other uses that are compatible with the residential uses may be permitted by site specific zoning on the property. The subject property has a site specific zone in place for the existing funeral service establishment. The Official Plan provides the requirements for establishing a new cemetery and/or crematorium. Section 18.6.10 requires the following areas be addressed: a) The suitability of the location and compatibility with adjacent development; b) The street network and the orderly extension of urban services will not be impacted; c) The proposed use will not impact upon, detract from or propose any significant alterations to the natural heritage features as identified on Map D; d) The suitability of soil and ground water conditions; e) Landscaping and other urban design requirements; and f) Other issues as may be deemed necessary by the Municipality. The requirements address concerns associated with cemeteries or flame -based cremation. The majority of the items identified above are not relevant to the alkaline hydrolysis process, especially on this site as the use will be conducted in an existing building. Municipality of Clarington Resort PSD -077-17 Paae 6 Staff are of the opinion that the alkaline hydrolysis process is different than a traditional cremation use and was not what the Official Plan was contemplating under section 18.6. 10 and an amendment to the plan is not required for this application. 6. Zoning By-law Zoning By-law 84-63 zones the property Urban Residential Exception (R1-30). The R1- 30 zone permits a Funeral Services Establishment. A Funeral Services Establishment is defined as a premises established for the purpose of providing funeral services or funeral supplies to the public under the Funeral Services Act. Zoning By-law 84-63 defines a Crematorium as a building with appliances for the purpose of cremating human remains under the Funeral, Burial and Cremation Services Act. As discussed in Section 2 of this report the Funeral, Burial and Cremation Services Act considers alkaline hydrolysis as a form of cremation and a licence is required under the Act. An amendment to Zoning By-law 84-63 is required to permit cremation by alkaline hydrolysis within the existing funeral home on the lands zoned R1-30. 7. Public Notice and Submissions Public notice was mailed to each landowner within 120 metres of the subject lands on September 29, 2017 and a public meeting signs were installed fronting onto Mill Street South and Robert Street East on October 3, 2017. Staff have received comments from five residents as of writing this report. Two of the letters were in support of the application and three raised concerns and objections to the application. The concerns raised include the following: x The waste water from the alkaline hydrolysis process going directly into the sanitary sewers and potential long term health effects. x Alkaline hydrolysis is a relatively new process and there is limited research on the process. x Concerns on the impact on the existing infrastructure and if the infrastructure is damaged who will pay to repair/replace it. x The existing funeral home is in a primarily residential area and this use may not be appropriate for this area. x Concerns over traffic as this location as the facility could be utilized by many other funeral homes looking for this service. Municipality of Clarington Resort PSD -077-17 Paae 7 The letters in support of the application, including the property directly to the north of the subject lands, indicated that they had no concerns with the process occurring on the property. They also indicated that the owners of the funeral home have been good neighbours and maintain the property very well. 8. Agency Comments 8.1 Durham Region Planning Department The Durham Region Planning Department have no objections to the application. 8.2 Durham Region Works Department The Durham Region Works Department have no objections to the application. The comments noted that the sanitary discharge from the funeral home, including the discharge from the alkaline hydrolysis, is required to meet the standards outlined in the Region of Durham's Sewer System By-law. 9. Departmental Comments Clarington Engineering Department, Building Division and Emergency and Fire Services Department have no objections or concerns. 10. Discussion 10.1 Alkaline hydrolysis is a relatively new alternative form of cremation that is permitted by the Ministry of Governmental and Consumer Affairs and is administered by the Bereavement Authority of Ontario. At this time the regulations are the same as a traditional crematorium. In order to obtain a licence from the Bereavement Authority the applicant must provide proof that the use is permitted by the municipality on the subject lands. 10.2 The zoning by-law defines a funeral services establishment and a crematorium as separate uses. Only a funeral services establishment is currently permitted on the lands which are zone R1-30. In addition to the applicant providing proof that the use is permitted they must also provide approval from the municipality allowing for the discharge of the waste water. 10.3 As alkaline hydrolysis is a permitted process in Ontario, the purpose of the Zoning By-law Amendment Application is to determine if the use should be permitted on the subject lands. Staff has received written comments of support and objection as of writing this report. Municipality of Clarington Resort PSD -077-17 Paae 8 10.4 The comments received in objection to the application appear to be more concerned with the alkaline hydrolysis process itself and the possible impacts of the waste water entering the sewer system. The process and the science involved in the process has already been approved by the Ontario Government. Alkaline hydrolysis occurs in a closed chamber with no external venting and the water is treated before being released into the sewer infrastructure. From staff's research, including the Smith Falls example, there was no direct negative impacts reported at this time on human health, the natural environment or the infrastructure in the municipalities where this process occurs. 10.5 There was also concerns about a possible increase in traffic to the property if the use was permitted. The subject lands are currently used for a funeral home which already processes human remains, through embalming, and has funeral services. The applicant is not proposing to increase the size of the building which would limit any potential increase in the number of services. While the introduction of alkaline hydrolysis may lead to an increase in the number of remains being processed the research indicates that the process may take as little as 4 hours, but on average would be between 6-8 hours. This would limit the number or times the process could occur in a given day. Compared to the traffic currently generated at times of visitation, funerals and off-site removal of remains, there will be no noticeable increase in traffic due to introduction of alkaline hydrolysis. 10.6 The primary concern related to the use of alkaline hydrolysis is the discharge into the Region's sewage system. Durham Region Works Department has indicated that they have no objections and that the funeral home is required to meet Durham Region's Sewer System By-law. 10.7 From a land use perspective, the introduction of this service is neutral. The process would be within the existing building, and the exception zone for this property limits the floor area to 250 square metres of gross leasable floor area, which restricts expansion of the building. In conclusion there is nothing that would suggest that the introduction of alkaline hydrolysis cremation would have any negative effect on the surrounding residents or the neighbourhood. 11. Concurrence Not Applicable. 12. Conclusion In consideration of all agency and staff comments, it is respectfully recommended that the application to amend the Zoning By-law (Attachment 1) be approved. 13. Strategic Plan Application Not applicable. Municipality of Clarington Report PSD -077-17 Page 9 Submitted by: David Crome, Director of Planning Services Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Brandon Weiler, Planner, (905) 623-3379 ext. 2424 or bweiler@clarington.net Attachments: Attachment 1 - Zoning By-law Amendment List of interested parties to be notified of Council's decision is on file in the Planning Services Department. Attachment 1 to Dort PSD -077-17 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 ZBA2017-0030; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 2 is amended to add the following new definition in alphabetical order: Cremation, Alkaline Hydrolysis shall mean a flame -less form of cremation that uses water, alkaline chemicals, heat, agitation and pressure to accelerate natural decomposition. 2. Section 12.4 "Special Exceptions — Urban Residential Type One (R1) ZONE" is hereby amended by adding "Alkaline Hydrolysis Cremation and, " after "may be use for a Funeral Services Establishment" 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this day of , 2017 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk Presentations and Handouts Application By: 2103386 Ontario Inc. (Halminen) and Louisville Homes Ltd. Application to amend the Clarington Official Plan; amend the Foster Northwest Neighbourhood Design Plan and incorporate it as a Secondary Plan Application for Draft Approval of a Plan of Subdivision and proposed Zoning By- law Amendment to implement the proposed Plan of Subdivision Public Meeting: October 23, 2017 ON I ,S�e =pnoar , W Dj $7cH7QQl AM, Approved Foster Northwest Neighbourhood Design Plan EEceRo Ue� smrwr Ernoei ®0sna1. wtrtx�xawxw+r nlcur E -I- F ®xxwxx� LAND USE PLAN Proposed Amendment to the Foster Northwest Neighbourhood Design Plan T O W N O F C L A R I N O T O N o PJ-� o a I �I�I�1E —AGE OFI NE —TLE KEY PLAN . 1. sc 1 LEGEND —•—•—craw an o�x Et�6m ®�xx O�Wm M0.[ IE,wW vn �NNaE 5EEW0M' 50100E rnrnim,.. ewmcrm rM T APPROVED 5 ro%RWEO r(A ,xE vUtPOSE R xwwxx Nr > nox or suaorv�slw+ uxcm sscmx 11or NEE — auxx xc rn —IIA OF PVxxmq StAnCES OEPAEMExr [FEEftW OI FxtxEFRint SERntEE EFPYeMFxT FOSTER NORTHWEST NEIGHBOURHOOD P[AN o00 LAND USE PLAN I FIG 3 Public Notice and resident comments rl 41 ON I ,S�e =pnoar , W Dj $7cH7QQl AM, Application By: Newcastle Funeral Home Ltd. An application by Newcastle Funeral Home Ltd. To amend the Zoning By-law to Fermit alkaline hydrolysis, a flameless form of cremation, within an existing uneral home at 386 Mill Street South, Newcastle October 23, 2017 11 1266 17`3 2 1280 12 co � N JAME- W s 1330 W 131 1 324 y 711LU �, 23 6 U] 133- _ 13 6. _ 20 M r o U ROBERT ST E., f HEGi XZBA017 386 Mill St S Newcastle _-..t�t 1 140- ' 403 LU 261` 285 288 n-Imm- 287 LU LU 415 426 295 306 30a '' 31 32Ln: T 1437 J:FL 347 338 0E. 355 354 W; ,W 3 373 QQ Co Cn - OC Q ; 1 140- ' 403 LU Z 412 ! n-Imm- LU LU 415 426 1429 438 1437 J:FL 1 4 i t • Mr W 1p nn u«�i 6 G. "�� IIN • Mr 7� II' ':Ifll r�j� a +' u DEVELOPMENT PROPOSAL Applicant N Monday, October 23, 2017 Newcastle Funeral Home Ltd. -7 p.m Site LocationCouncil Chambers {2nd Fioor} JAMES sr 40 Temperance Street w 386 Mill Street South „ W =I ,• W Bowmanville, ON L1C 3A6 PROPOSAL: The Newcastle Funeral Home is f _ proposing to amend the Zoning By-law to "' 1 a a permit alkaline hydrolysis within an existing 7.xo Contact the Planner building located on the site. aoeeRTS7E > � Brandon Weiler 9 Alkaline hydrolysis is a flameless form of Planning Services cremation that uses water alkaline <+5 Department chemicals, heat, agitation and pressure to 905-623-3379 ?' accelerate natural decomposition. 1t. k' ext. 2424 ;t FILES: Clarington Zoning Bylaw Amendment 2017-0030 w Qwww.clarington.net 12 274- ik P N ..: 1273oe '1283 2$6 2 :.:. 288 287: , 295 SOB 3�5 a, - ip km 3 i �. W4 3 �: � � 13'1 1 133. .� r w �i �_ ._ y 347 41 33 � 3 " 133 _ 13 +_ 3 35 . 113 LY LU 37 3 U 2D , 8 373 cD co U) w ROBERT ST E '14 cr- Co 3 w ca 1- r 41' f X414b7..,Z j a 14 mR 1��--, LU W 415 _ %` 143 "' - - - HIGHWAY 407 - __ M: 713 2017.385 Mill St S Newcastle ; ` Application By: Brookfield Homes Residential (Ontario) Limited Application for 23 single detached dwellings Public Meeting: October 23, 2017 Other Owned ByApplicant rr� J L I I I I I I Jk 11 a.. 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